Florida Senate - 2024 SENATOR AMENDMENT
Bill No. CS/CS/HB 1285, 1st Eng.
Ì1552920Î155292
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AE/2R . Floor: C
03/05/2024 05:47 PM . 03/07/2024 12:09 PM
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Senator Burgess moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (f) of subsection (1) and paragraphs
6 (b) and (c) of subsection (2) of section 192.0105, Florida
7 Statutes, are amended to read:
8 192.0105 Taxpayer rights.—There is created a Florida
9 Taxpayer’s Bill of Rights for property taxes and assessments to
10 guarantee that the rights, privacy, and property of the
11 taxpayers of this state are adequately safeguarded and protected
12 during tax levy, assessment, collection, and enforcement
13 processes administered under the revenue laws of this state. The
14 Taxpayer’s Bill of Rights compiles, in one document, brief but
15 comprehensive statements that summarize the rights and
16 obligations of the property appraisers, tax collectors, clerks
17 of the court, local governing boards, the Department of Revenue,
18 and taxpayers. Additional rights afforded to payors of taxes and
19 assessments imposed under the revenue laws of this state are
20 provided in s. 213.015. The rights afforded taxpayers to assure
21 that their privacy and property are safeguarded and protected
22 during tax levy, assessment, and collection are available only
23 insofar as they are implemented in other parts of the Florida
24 Statutes or rules of the Department of Revenue. The rights so
25 guaranteed to state taxpayers in the Florida Statutes and the
26 departmental rules include:
27 (1) THE RIGHT TO KNOW.—
28 (f) The right of an exemption recipient to be sent a
29 renewal application for that exemption, the right to a receipt
30 for homestead exemption claim when filed, and the right to
31 notice of denial of the exemption (see ss. 196.011(7),
32 196.131(1), 196.151, and 196.193(1)(c) and (5) 196.011(6),
33 196.131(1), 196.151, and 196.193(1)(c) and (5)).
34
35 Notwithstanding the right to information contained in this
36 subsection, under s. 197.122 property owners are held to know
37 that property taxes are due and payable annually and are charged
38 with a duty to ascertain the amount of current and delinquent
39 taxes and obtain the necessary information from the applicable
40 governmental officials.
41 (2) THE RIGHT TO DUE PROCESS.—
42 (b) The right to petition the value adjustment board over
43 objections to assessments, denial of exemption, denial of
44 agricultural classification, denial of historic classification,
45 denial of high-water recharge classification, disapproval of tax
46 deferral, and any penalties on deferred taxes imposed for
47 incorrect information willfully filed. Payment of estimated
48 taxes does not preclude the right of the taxpayer to challenge
49 his or her assessment (see ss. 194.011(3), 196.011(7) and
50 (10)(a), 196.151, 196.193(1)(c) and (5), 193.461(2), 193.503(7),
51 193.625(2), 197.2425, 197.301(2), and 197.2301(11) ss.
52 194.011(3), 196.011(6) and (9)(a), 196.151, 196.193(1)(c) and
53 (5), 193.461(2), 193.503(7), 193.625(2), 197.2425, 197.301(2),
54 and 197.2301(11)).
55 (c) The right to file a petition for exemption or
56 agricultural classification with the value adjustment board when
57 an application deadline is missed, upon demonstration of
58 particular extenuating circumstances for filing late (see ss.
59 193.461(3)(a) and 196.011(1), (8), (9), and (10)(e) ss.
60 193.461(3)(a) and 196.011(1), (7), (8), and (9)(e)).
61 Section 2. Paragraphs (b), (c), and (d) of subsection (1)
62 of section 192.048, Florida Statutes, are amended to read:
63 192.048 Electronic transmission.—
64 (1) Subject to subsection (2), the following documents may
65 be transmitted electronically rather than by regular mail:
66 (b) The tax exemption renewal application required under s.
67 196.011(7)(a) s. 196.011(6)(a).
68 (c) The tax exemption renewal application required under s.
69 196.011(7)(b) s. 196.011(6)(b).
70 (d) A notification of an intent to deny a tax exemption
71 required under s. 196.011(10)(e) s. 196.011(9)(e).
72 Section 3. Subsections (3) and (4) of section 196.082,
73 Florida Statutes, are amended to read:
74 196.082 Discounts for disabled veterans; surviving spouse
75 carryover.—
76 (3) If the partially or totally and permanently disabled
77 veteran predeceases his or her spouse and if, upon the death of
78 the veteran, the spouse holds the legal or beneficial title to
79 the homestead and permanently resides thereon as specified in s.
80 196.031, the discount from ad valorem tax that the veteran
81 received carries over to the benefit of the veteran’s spouse
82 until such time as he or she remarries or sells or otherwise
83 disposes of the property. If the spouse sells or otherwise
84 disposes of the property, a discount not to exceed the dollar
85 amount granted from the most recent ad valorem tax roll may be
86 transferred to his or her new residence, as long as it is used
87 as his or her primary residence and he or she does not remarry.
88 An applicant who is qualified to receive a discount under this
89 section and who fails to file an application by March 1 may file
90 an application for the discount and may file a petition pursuant
91 to s. 194.011(3) with the value adjustment board requesting that
92 the discount be granted. Such application and petition shall be
93 subject to the same procedures as for exemptions set forth in s.
94 196.011(9) s. 196.011(8).
95 (4) To qualify for the discount granted under this section,
96 an applicant must submit to the county property appraiser by
97 March 1:
98 (a) An official letter from the United States Department of
99 Veterans Affairs which states the percentage of the veteran’s
100 service-connected disability and evidence that reasonably
101 identifies the disability as combat-related;
102 (b) A copy of the veteran’s honorable discharge; and
103 (c) Proof of age as of January 1 of the year to which the
104 discount will apply.
105
106 Any applicant who is qualified to receive a discount under this
107 section and who fails to file an application by March 1 may file
108 an application for the discount and may file, pursuant to s.
109 194.011(3), a petition with the value adjustment board
110 requesting that the discount be granted. Such application and
111 petition shall be subject to the same procedures as for
112 exemptions set forth in s. 196.011(9) s. 196.011(8).
113 Section 4. Present subsections (5) through (12) of section
114 196.011, Florida Statutes, are redesignated as subsections (6)
115 through (13), respectively, a new subsection (5) is added to
116 that section, and subsection (1) and present subsections (10)
117 and (11) of that section are amended, to read:
118 196.011 Annual application required for exemption.—
119 (1)(a) Except as provided in s. 196.081(1)(b), every person
120 or organization who, on January 1, has the legal title to real
121 or personal property, except inventory, which is entitled by law
122 to exemption from taxation as a result of its ownership and use
123 shall, on or before March 1 of each year, file an application
124 for exemption with the county property appraiser, listing and
125 describing the property for which exemption is claimed and
126 certifying its ownership and use. The Department of Revenue
127 shall prescribe the forms upon which the application is made.
128 Failure to make application, when required, on or before March 1
129 of any year shall constitute a waiver of the exemption privilege
130 for that year, except as provided in subsection (7) or
131 subsection (9) (8).
132 (b) The form to apply for an exemption under s. 196.031, s.
133 196.081, s. 196.091, s. 196.101, s. 196.102, s. 196.173, or s.
134 196.202 must include a space for the applicant to list the
135 social security number of the applicant and of the applicant’s
136 spouse, if any. If an applicant files a timely and otherwise
137 complete application, and omits the required social security
138 numbers, the application is incomplete. In that event, the
139 property appraiser shall contact the applicant, who may refile a
140 complete application by April 1. Failure to file a complete
141 application by that date constitutes a waiver of the exemption
142 privilege for that year, except as provided in subsection (7) or
143 subsection (9) (8).
144 (5) It is not necessary to make annual application for
145 exemption on property used to house a charter school pursuant to
146 s. 196.1983. The owner or lessee of any property used to house a
147 charter school pursuant to s. 196.1983 who is not required to
148 file an annual application shall notify the property appraiser
149 promptly whenever the use of the property or the status or
150 condition of the owner or lessee changes so as to change the
151 exempt status of the property. If any owner or lessee fails to
152 so notify the property appraiser and the property appraiser
153 determines that for any year within the prior 10 years the owner
154 or lessee was not entitled to receive such exemption, the owner
155 or lessee of the property is subject to the taxes exempted as a
156 result of such failure plus 15 percent interest per annum and a
157 penalty of 50 percent of the taxes exempted. The property
158 appraiser making such determination shall record in the public
159 records of the county a notice of tax lien against any property
160 owned by that person or entity in the county, and such property
161 must be identified in the notice of tax lien. Such property is
162 subject to the payment of all taxes and penalties. Such lien
163 when filed shall attach to any property, identified in the
164 notice of tax lien, owned by the person or entity who illegally
165 or improperly received the exemption. If such person or entity
166 no longer owns property in that county but owns property in some
167 other county or counties in the state, the property appraiser
168 shall record a notice of tax lien in such other county or
169 counties, identifying the property owned by such person or
170 entity in such county or counties, and it shall become a lien
171 against such property in such county or counties.
172 (11)(10) At the option of the property appraiser and
173 notwithstanding any other provision of this section, initial or
174 original applications for homestead exemption for the succeeding
175 year may be accepted and granted after March 1. Reapplication on
176 a short form as authorized by subsection (6) (5) shall be
177 required if the county has not waived the requirement of an
178 annual application. Once the initial or original application and
179 reapplication have been granted, the property may qualify for
180 the exemption in each succeeding year pursuant to the provisions
181 of subsection (7) (6) or subsection (10) (9).
182 (12)(11) For exemptions enumerated in paragraph (1)(b),
183 social security numbers of the applicant and the applicant’s
184 spouse, if any, are required and must be submitted to the
185 department. Applications filed pursuant to subsection (6) (5) or
186 subsection (7) (6) shall include social security numbers of the
187 applicant and the applicant’s spouse, if any. For counties where
188 the annual application requirement has been waived, property
189 appraisers may require refiling of an application to obtain such
190 information.
191 Section 5. Section 288.036, Florida Statutes, is created to
192 read:
193 288.036 Ocean economy development.—
194 (1) For purposes of this section, the term:
195 (a) “Ocean economy” means the economic uses of ocean and
196 coastal resources with a focus on sustainable practices that
197 benefit the long-term outlook of relevant industry sectors and
198 the competitive positioning of the state in a global economy,
199 including, but not limited to, ocean industries, such as
200 shipyards, marinas, marine terminals, piers, fishing,
201 aquaculture, seafood processing, commercial diving, and marine
202 transportation; floating and amphibious housing; tourism; and
203 outdoor recreational activities, including, but not limited to,
204 boating and industry sectors dependent on such activities.
205 (b) “Office” means the Office of Ocean Economy.
206 (2) The Office of Ocean Economy is created within the State
207 University System to be housed at Florida Atlantic University.
208 The office is created to connect the state’s ocean and coastal
209 resources to economic development strategies that grow, enhance,
210 or contribute to the ocean economy.
211 (3) The Office of Ocean Economy shall:
212 (a) Develop and undertake activities and strategies with a
213 focus on research and development, technological innovation,
214 emerging industries, strategic business recruitment, public and
215 private funding opportunities, and workforce training and
216 education to promote and stimulate the ocean economy.
217 (b)1. Foster relationships and coordinate with state
218 universities, private universities, and Florida College System
219 institutions, including periodically surveying the development
220 of academic research relating to the ocean economy across all
221 disciplines and facilitating the transfer of innovative
222 technology into marketable goods and services. The office shall
223 encourage collaboration between state universities and Florida
224 College System institutions that have overlapping areas of
225 academic research.
226 2. Include and update on the office’s website information
227 related to:
228 a. An inventory of current research and current
229 collaborations, including contact information; and
230 b. Any available resources for research and technology
231 development, including financial opportunities.
232 (c) Collaborate with relevant industries to identify
233 economic challenges that may be solved through innovation in the
234 ocean economy, including commercializing or otherwise
235 facilitating public access to academic research and resources,
236 removing governmental barriers, and maximizing access to
237 financial or other opportunities for growth and development.
238 (d) Develop and facilitate a pipeline for innovative ideas
239 and strategies to be created, developed, researched,
240 commercialized, and financed. This includes promotion and
241 coordination of industry collaboration, academic research,
242 accelerator programs, training and technical assistance, and
243 startup or second-stage funding opportunities.
244 (e) Maintain and update on the office’s website reports and
245 data on the number, growth, and average wages of jobs included
246 in the ocean economy; the impacts on the number, growth, and
247 development of businesses in the ocean economy; and the
248 collaboration, transition, or adoption of innovation and
249 research into new, viable ideas employed in the ocean economy.
250 (f) Educate other state and local entities on the interests
251 of the ocean economy and how such entities may positively
252 address environmental issues while simultaneously considering
253 the economic impact of their policies.
254 (g) Communicate the state’s role as an integral component
255 of the ocean economy by promoting the state on national and
256 international platforms and other appropriate forums as the
257 premier destination for convening on pertinent subject matters.
258 (4) By August 1, 2025, and each August 1 thereafter, the
259 office shall provide to the Board of Governors, the Governor,
260 the President of the Senate, and the Speaker of the House of
261 Representatives and post on its website a detailed report
262 demonstrating the economic benefits of the office and the
263 development of emerging ocean economy industries.
264 Section 6. Subsection (3) of section 1001.61, Florida
265 Statutes, is amended to read:
266 1001.61 Florida College System institution boards of
267 trustees; membership.—
268 (3) Members of the board of trustees shall receive no
269 compensation but may receive reimbursement for expenses as
270 provided in s. 112.061. A member is subject to s. 112.313 with
271 respect to business dealings with the institution, including any
272 entity under the control of or established for the benefit of
273 the institution under his or her purview while he or she is a
274 member of that institution’s board of trustees.
275 Section 7. Subsection (2) of section 1001.71, Florida
276 Statutes, is amended to read:
277 1001.71 University boards of trustees; membership.—
278 (2) Members of the boards of trustees shall receive no
279 compensation but may be reimbursed for travel and per diem
280 expenses as provided in s. 112.061. A member is subject to s.
281 112.313 with respect to business dealings with the university,
282 including any entity under the control of or established for the
283 benefit of the state university under his or her purview while
284 he or she is a member of that state university’s board of
285 trustees.
286 Section 8. Paragraphs (d) and (e) of subsection (10) and
287 paragraph (a) of subsection (24) of section 1002.33, Florida
288 Statutes, are amended to read:
289 1002.33 Charter schools.—
290 (10) ELIGIBLE STUDENTS.—
291 (d) A charter school may give enrollment preference to the
292 following student populations:
293 1. Students who are siblings of a student enrolled in the
294 charter school.
295 2. Students who are the children of a member of the
296 governing board of the charter school.
297 3. Students who are the children of an employee of the
298 charter school.
299 4. Students who are the children of:
300 a. An employee of the business partner of a charter school
301 in-the-workplace established under paragraph (15)(b) or a
302 resident of the municipality in which such charter school is
303 located; or
304 b. A resident or employee of a municipality that operates a
305 charter school-in-a-municipality pursuant to paragraph (15)(c)
306 or allows a charter school to use a school facility or portion
307 of land provided by the municipality for the operation of the
308 charter school.
309 5. Students who have successfully completed, during the
310 previous year, a voluntary prekindergarten education program
311 under ss. 1002.51-1002.79 provided by the charter school, the
312 charter school’s governing board, or a voluntary prekindergarten
313 provider that has a written agreement with the governing board.
314 6. Students who are the children of an active duty member
315 of any branch of the United States Armed Forces.
316 7. Students who attended or are assigned to failing schools
317 pursuant to s. 1002.38(2).
318 8. Students who are the children of a safe-school officer,
319 as defined in s. 1006.12, at the school.
320 9. Students who transfer from a classical school in this
321 state to a charter classical school in this state. For purposes
322 of this subparagraph, the term “classical school” means a
323 traditional public school or charter school that implements a
324 classical education model that emphasizes the development of
325 students in the principles of moral character and civic virtue
326 through a well-rounded education in the liberal arts and
327 sciences which is based on the classical trivium stages of
328 grammar, logic, and rhetoric.
329 (e) A charter school may limit the enrollment process only
330 to target the following student populations:
331 1. Students within specific age groups or grade levels.
332 2. Students considered at risk of dropping out of school or
333 academic failure. Such students shall include exceptional
334 education students.
335 3. Students enrolling in a charter school-in-the-workplace
336 or charter school-in-a-municipality established pursuant to
337 subsection (15).
338 4. Students residing within a reasonable distance of the
339 charter school, as described in paragraph (20)(c). Such students
340 shall be subject to a random lottery and to the racial/ethnic
341 balance provisions described in subparagraph (7)(a)8. or any
342 federal provisions that require a school to achieve a
343 racial/ethnic balance reflective of the community it serves or
344 within the racial/ethnic range of other nearby public schools.
345 5. Students who meet reasonable academic, artistic, or
346 other eligibility standards established by the charter school
347 and included in the charter school application and charter or,
348 in the case of existing charter schools, standards that are
349 consistent with the school’s mission and purpose. Such standards
350 shall be in accordance with current state law and practice in
351 public schools and may not discriminate against otherwise
352 qualified individuals. A school that limits enrollment for such
353 purposes must place a student on a progress monitoring plan for
354 at least one semester before dismissing such student from the
355 school.
356 6. Students articulating from one charter school to another
357 pursuant to an articulation agreement between the charter
358 schools that has been approved by the sponsor.
359 7. Students living in a development, or students whose
360 parent or legal guardian maintains a physical or permanent
361 employment presence within the development, in which a
362 developer, including any affiliated business entity or
363 charitable foundation, contributes to the formation,
364 acquisition, construction, or operation of one or more charter
365 schools or charter school facilities and related property in an
366 amount equal to or having a total appraised value of at least $5
367 million to be used as charter schools to mitigate the
368 educational impact created by the development of new residential
369 dwelling units. Students living in the development are entitled
370 to 50 percent of the student stations in the charter schools.
371 The students who are eligible for enrollment are subject to a
372 random lottery, the racial/ethnic balance provisions, or any
373 federal provisions, as described in subparagraph 4. The
374 remainder of the student stations must be filled in accordance
375 with subparagraph 4.
376 8. Students whose parent or legal guardian is employed
377 within a reasonable distance of the charter school, as described
378 in paragraph (20)(c). The students who are eligible for
379 enrollment are subject to a random lottery.
380 (24) RESTRICTION ON EMPLOYMENT OF RELATIVES.—
381 (a) This subsection applies to charter school personnel in
382 a charter school operated by a private entity. As used in this
383 subsection, the term:
384 1. “Charter school personnel” means a charter school owner,
385 president, chairperson of the governing board of directors,
386 superintendent, governing board member, principal, assistant
387 principal, or any other person employed by the charter school
388 who has equivalent decisionmaking authority and in whom is
389 vested the authority, or to whom the authority has been
390 delegated, to appoint, employ, promote, or advance individuals
391 or to recommend individuals for appointment, employment,
392 promotion, or advancement in connection with employment in a
393 charter school, including the authority as a member of a
394 governing body of a charter school to vote on the appointment,
395 employment, promotion, or advancement of individuals.
396 2. “Relative” means father, mother, son, daughter, brother,
397 sister, uncle, aunt, first cousin, nephew, niece, husband, wife,
398 father-in-law, mother-in-law, son-in-law, daughter-in-law,
399 brother-in-law, sister-in-law, stepfather, stepmother, stepson,
400 stepdaughter, stepbrother, stepsister, half brother, or half
401 sister.
402
403 Charter school personnel in schools operated by a municipality
404 or other public entity are subject to s. 112.3135.
405 Section 9. Subsection (19) is added to s. 1002.42, Florida
406 Statutes, to read:
407 1002.42 Private schools.—
408 (19) FACILITIES.—
409 (a) A private school may use facilities on property owned
410 or leased by a library, community service organization, museum,
411 performing arts venue, theatre, cinema, or church facility under
412 s. 170.201, which is or was actively used as such within 5 years
413 of any executed agreement with a private school to use the
414 facilities; any facility or land owned by a Florida College
415 System institution or university; any similar public
416 institutional facilities; and any facility recently used to
417 house a school or child care facility licensed under s. 402.305,
418 under any such facility’s preexisting zoning and land use
419 designations without rezoning or obtaining a special exception
420 or a land use change, and without complying with any mitigation
421 requirements or conditions. The facility must be located on
422 property used solely for purposes described in this paragraph,
423 and must meet applicable state and local health, safety, and
424 welfare laws, codes, and rules, including firesafety and
425 building safety.
426 (b) A private school may use facilities on property
427 purchased from a library, community service organization,
428 museum, performing arts venue, theatre, cinema, or church
429 facility under s. 170.201, which is actively or was actively
430 used as such within 5 years of any executed agreement with a
431 private school to purchase the facilities; any facility or land
432 owned by a Florida College System institution or university; any
433 similar public institutional facilities; and any facility
434 recently used to house a school or child care facility licensed
435 under s. 402.305, under any such facility’s preexisting zoning
436 and land use designations without obtaining a special exception,
437 rezoning, or a land use change, and without complying with any
438 mitigation requirements or conditions. The facility must be
439 located on property used solely for purposes described in this
440 paragraph, and must meet applicable state and local health,
441 safety, and welfare laws, codes, and rules, including firesafety
442 and building safety.
443 Section 10. Paragraph (b) of subsection (5) of section
444 1002.45, Florida Statutes, is amended to read:
445 1002.45 Virtual instruction programs.—
446 (5) STUDENT PARTICIPATION REQUIREMENTS.—Each student
447 enrolled in the school district’s virtual instruction program
448 authorized pursuant to paragraph (1)(c) must:
449 (b) Take statewide assessments pursuant to s. 1008.22 and
450 participate in the coordinated screening and progress monitoring
451 system under s. 1008.25(9). Statewide assessments and progress
452 monitoring may be administered within the school district in
453 which such student resides, or as specified in the contract
454 under in accordance with s. 1008.24(3). If requested by the
455 approved virtual instruction program provider or virtual charter
456 school, the district of residence must provide the student with
457 access to the district’s testing facilities. It is the
458 responsibility of the approved virtual instruction program
459 provider or virtual charter school to provide a list of students
460 to be administered statewide assessments and progress monitoring
461 to the school district, including the students’ names, Florida
462 Education Identifiers, grade levels, assessments and progress
463 monitoring to be administered, and contact information. Unless
464 an alternative testing site is mutually agreed to by the
465 approved virtual instruction program provider or virtual charter
466 school and the school district, or as specified in the contract
467 under s. 1008.24, all assessments and progress monitoring must
468 be taken at the school to which the student would be assigned
469 according to district school board attendance policies. A school
470 district must provide the student with access to the school’s or
471 district’s testing facilities and provide the student with the
472 date and time of the administration of each assessment and
473 progress monitoring.
474 Section 11. Section 1003.052, Florida Statutes, is created
475 to read:
476 1003.052 The Purple Star School District Program.—
477 (1)(a) The Department of Education shall establish the
478 Purple Star School District Program. At a minimum, the program
479 must require a participating school district to:
480 1. Have at least 75 percent of the schools within the
481 district be designated as Purple Star Campuses under s.
482 1003.051.
483 2. Maintain a web page on the district’s website which
484 includes resources for military students and their families and
485 a link to each Purple Star Campus’s web page that meets the
486 requirements of s. 1003.051(2)(a)2.
487 (b) The department may establish additional program
488 criteria to identify school districts that demonstrate a
489 commitment to or provide critical coordination of services for
490 military students and their families, including, but not limited
491 to, establishing a council consisting of a representative from
492 each Purple Star Campus in the district and one district-level
493 representative to ensure the alignment of military student
494 focused policies and procedures within the district.
495 (2) The State Board of Education may adopt rules to
496 administer this section.
497 Section 12. Present subsection (4) of section 1003.451,
498 Florida Statutes, is redesignated as subsection (5), and a new
499 subsection (4) is added to that section, to read:
500 1003.451 Junior Reserve Officers’ Training Corps; military
501 recruiters; access to public school campuses; Armed Services
502 Vocational Aptitude Battery (ASVAB).—
503 (4) Each school district and charter school shall provide
504 students in grades 11 and 12 an opportunity to take the Armed
505 Services Vocational Aptitude Battery (ASVAB) and consult with a
506 military recruiter if the student selects. To optimize student
507 participation, the ASVAB must be scheduled during normal school
508 hours.
509 Section 13. Paragraphs (a) and (c) of subsection (1),
510 paragraph (a) of subsection (2), and subsections (3) through (7)
511 of section 1003.53, Florida Statutes, are amended, and paragraph
512 (c) is added to subsection (2) of that section, to read:
513 1003.53 Dropout prevention and academic intervention.—
514 (1)(a) Dropout prevention and academic intervention
515 programs may differ from traditional educational programs and
516 schools in scheduling, administrative structure, philosophy,
517 curriculum, or setting and shall employ alternative teaching
518 methodologies, curricula, learning activities, and diagnostic
519 and assessment procedures in order to meet the needs, interests,
520 abilities, and talents of eligible students. The educational
521 program shall provide curricula, character development and law
522 education, and related services that support the program goals
523 and lead to improved performance in the areas of academic
524 achievement, attendance, and discipline. Student participation
525 in such programs shall be voluntary. District school boards may,
526 however, assign students to a disciplinary program for
527 disruptive students or an alternative school setting or other
528 program pursuant to s. 1006.13. Notwithstanding any other
529 provision of law to the contrary, no student shall be identified
530 as being eligible to receive services funded through the dropout
531 prevention and academic intervention program based solely on the
532 student being from a single-parent family or having a
533 disability.
534 (c) A student shall be identified as being eligible to
535 receive services funded through the dropout prevention and
536 academic intervention program based upon one of the following
537 criteria:
538 1. The student is academically unsuccessful as evidenced by
539 low test scores, retention, failing grades, low grade point
540 average, falling behind in earning credits, or not meeting the
541 state or district achievement levels in reading, mathematics, or
542 writing.
543 2. The student has a pattern of excessive absenteeism or
544 has been identified as a habitual truant.
545 3. The student has a history of disruptive behavior in
546 school or has committed an offense that warrants out-of-school
547 suspension or expulsion from school according to the district
548 school board’s code of student conduct. For the purposes of this
549 program, “disruptive behavior” is behavior that:
550 a. Interferes with the student’s own learning or the
551 educational process of others and requires attention and
552 assistance beyond that which the traditional program can provide
553 or results in frequent conflicts of a disruptive nature while
554 the student is under the jurisdiction of the school either in or
555 out of the classroom; or
556 b. Severely threatens the general welfare of students or
557 others with whom the student comes into contact.
558 4. The student is identified by a school’s early warning
559 system pursuant to s. 1001.42(18)(b).
560 (2)(a) Each district school board may establish dropout
561 prevention and academic intervention programs at the elementary,
562 middle, junior high school, or high school level. Programs
563 designed to eliminate patterns of excessive absenteeism or
564 habitual truancy shall emphasize academic performance and may
565 provide specific instruction in the areas of career education,
566 preemployment training, and behavioral management. Such programs
567 shall utilize instructional teaching methods and student
568 services that lead to improved student behavior as appropriate
569 to the specific needs of the student.
570 (c) For each student enrolled in a dropout prevention and
571 academic intervention program, an academic intervention plan
572 shall be developed to address eligibility for placement in the
573 program and to provide individualized student goals and progress
574 monitoring procedures. A student’s academic intervention plan
575 must be consistent with the student’s individual education plan
576 (IEP).
577 (3) Each district school board providing receiving state
578 funding for dropout prevention and academic intervention
579 programs through the General Appropriations Act shall submit
580 information through an annual report to the Department of
581 Education’s database documenting the extent to which each of the
582 district’s dropout prevention and academic intervention programs
583 has been successful in the areas of graduation rate, dropout
584 rate, attendance rate, and retention/promotion rate. The
585 department shall compile this information into an annual report
586 which shall be submitted to the presiding officers of the
587 Legislature by February 15.
588 (4) Each district school board shall establish course
589 standards, as defined by rule of the State Board of Education,
590 for dropout prevention and academic intervention programs and
591 procedures for ensuring that teachers assigned to the programs
592 are certified pursuant to s. 1012.55 and possess the affective,
593 pedagogical, and content-related skills necessary to meet the
594 needs of these students.
595 (5) Each district school board providing a dropout
596 prevention and academic intervention program pursuant to this
597 section shall maintain for each participating student records
598 documenting the student’s eligibility, the length of
599 participation, the type of program to which the student was
600 assigned or the type of academic intervention services provided,
601 and an evaluation of the student’s academic and behavioral
602 performance while in the program. The school principal or his or
603 her designee shall, prior to placement in a dropout prevention
604 and academic intervention program or the provision of an
605 academic service, provide written notice of placement or
606 services by certified mail, return receipt requested, to the
607 student’s parent. The parent of the student shall sign an
608 acknowledgment of the notice of placement or service and return
609 the signed acknowledgment to the principal within 3 days after
610 receipt of the notice. District school boards may adopt a policy
611 that allows a parent to agree to an alternative method of
612 notification. Such agreement may be made before the need for
613 notification arises or at the time the notification becomes
614 required. The parents of a student assigned to such a dropout
615 prevention and academic intervention program shall be notified
616 in writing and entitled to an administrative review of any
617 action by school personnel relating to such placement pursuant
618 to the provisions of chapter 120.
619 (6) District school board dropout prevention and academic
620 intervention programs shall be coordinated with social service,
621 law enforcement, prosecutorial, and juvenile justice agencies
622 and juvenile assessment centers in the school district.
623 Notwithstanding the provisions of s. 1002.22, these agencies are
624 authorized to exchange information contained in student records
625 and juvenile justice records. Such information is confidential
626 and exempt from the provisions of s. 119.07(1). District school
627 boards and other agencies receiving such information shall use
628 the information only for official purposes connected with the
629 certification of students for admission to and for the
630 administration of the dropout prevention and academic
631 intervention program, and shall maintain the confidentiality of
632 such information unless otherwise provided by law or rule.
633 (7) The State Board of Education shall have the authority
634 pursuant to ss. 120.536(1) and 120.54 to adopt rules necessary
635 to implement the provisions of this section; such rules shall
636 require the minimum amount of necessary paperwork and reporting.
637 Section 14. Section 1004.051, Florida Statutes, is created
638 to read:
639 1004.051 Regulation of working students.—
640 (1) A public postsecondary institution may not, as a
641 condition of admission to or enrollment in any of the
642 institution’s schools, colleges, or programs, prohibit an
643 applicant or currently enrolled student from being employed,
644 either full time or part time.
645 (2) This section does not apply if the applicant or
646 currently enrolled student is employed by an organization or
647 agency that is affiliated or associated with a foreign country
648 of concern as defined in s. 288.860(1).
649 Section 15. Paragraph (a) of subsection (2) of section
650 1006.28, Florida Statutes, is amended to read:
651 1006.28 Duties of district school board, district school
652 superintendent; and school principal regarding K-12
653 instructional materials.—
654 (2) DISTRICT SCHOOL BOARD.—The district school board has
655 the constitutional duty and responsibility to select and provide
656 adequate instructional materials for all students in accordance
657 with the requirements of this part. The district school board
658 also has the following specific duties and responsibilities:
659 (a) Courses of study; adoption.—Adopt courses of study,
660 including instructional materials, for use in the schools of the
661 district.
662 1. Each district school board is responsible for the
663 content of all instructional materials and any other materials
664 used in a classroom, made available in a school or classroom
665 library, or included on a reading list, whether adopted and
666 purchased from the state-adopted instructional materials list,
667 adopted and purchased through a district instructional materials
668 program under s. 1006.283, or otherwise purchased or made
669 available.
670 2. Each district school board must adopt a policy regarding
671 an objection by a parent or a resident of the county to the use
672 of a specific material, which clearly describes a process to
673 handle all objections and provides for resolution. The objection
674 form, as prescribed by State Board of Education rule, and the
675 district school board’s process must be easy to read and
676 understand and be easily accessible on the homepage of the
677 school district’s website. The objection form must also identify
678 the school district point of contact and contact information for
679 the submission of an objection. The process must provide the
680 parent or resident the opportunity to proffer evidence to the
681 district school board that:
682 a. An instructional material does not meet the criteria of
683 s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in
684 a course or otherwise made available to students in the school
685 district but was not subject to the public notice, review,
686 comment, and hearing procedures under s. 1006.283(2)(b)8., 9.,
687 and 11.
688 b. Any material used in a classroom, made available in a
689 school or classroom library, or included on a reading list
690 contains content which:
691 (I) Is pornographic or prohibited under s. 847.012;
692 (II) Depicts or describes sexual conduct as defined in s.
693 847.001(19), unless such material is for a course required by s.
694 1003.46, s. 1003.42(2)(n)1.g., or s. 1003.42(2)(n)3., or
695 identified by State Board of Education rule;
696 (III) Is not suited to student needs and their ability to
697 comprehend the material presented; or
698 (IV) Is inappropriate for the grade level and age group for
699 which the material is used.
700
701 A resident of the county who is not the parent or guardian of a
702 student with access to school district materials may not object
703 to more than one material per month. The State Board of
704 Education may adopt rules to implement this provision. Any
705 material that is subject to an objection on the basis of sub
706 sub-subparagraph b.(I) or sub-sub-subparagraph b.(II) must be
707 removed within 5 school days of after receipt of the objection
708 and remain unavailable to students of that school until the
709 objection is resolved. Parents shall have the right to read
710 passages from any material that is subject to an objection. If
711 the school board denies a parent the right to read passages due
712 to content that meets the requirements under sub-sub
713 subparagraph b.(I), the school district shall discontinue the
714 use of the material in the school district. If the district
715 school board finds that any material meets the requirements
716 under sub-subparagraph a. or that any other material contains
717 prohibited content under sub-sub-subparagraph b.(I), the school
718 district shall discontinue use of the material. If the district
719 school board finds that any other material contains prohibited
720 content under sub-sub-subparagraphs b.(II)-(IV), the school
721 district shall discontinue use of the material for any grade
722 level or age group for which such use is inappropriate or
723 unsuitable.
724 3. Each district school board must establish a process by
725 which the parent of a public school student or a resident of the
726 county may contest the district school board’s adoption of a
727 specific instructional material. The parent or resident must
728 file a petition, on a form provided by the school board, within
729 30 calendar days after the adoption of the instructional
730 material by the school board. The school board must make the
731 form available to the public and publish the form on the school
732 district’s website. The form must be signed by the parent or
733 resident, include the required contact information, and state
734 the objection to the instructional material based on the
735 criteria of s. 1006.31(2) or s. 1006.40(3)(d). Within 30 days
736 after the 30-day period has expired, the school board must, for
737 all petitions timely received, conduct at least one open public
738 hearing before an unbiased and qualified hearing officer. The
739 hearing officer may not be an employee or agent of the school
740 district. The hearing is not subject to the provisions of
741 chapter 120; however, the hearing must provide sufficient
742 procedural protections to allow each petitioner an adequate and
743 fair opportunity to be heard and present evidence to the hearing
744 officer. The school board’s decision after convening a hearing
745 is final and not subject to further petition or review.
746 4. Meetings of committees convened for the purpose of
747 ranking, eliminating, or selecting instructional materials for
748 recommendation to the district school board must be noticed and
749 open to the public in accordance with s. 286.011. Any committees
750 convened for such purposes must include parents of students who
751 will have access to such materials.
752 5. Meetings of committees convened for the purpose of
753 resolving an objection by a parent or resident to specific
754 materials must be noticed and open to the public in accordance
755 with s. 286.011. Any committees convened for such purposes must
756 include parents of students who will have access to such
757 materials.
758 6. If a parent disagrees with the determination made by the
759 district school board on the objection to the use of a specific
760 material, a parent may request the Commissioner of Education to
761 appoint a special magistrate who is a member of The Florida Bar
762 in good standing and who has at least 5 years’ experience in
763 administrative law. The special magistrate shall determine facts
764 relating to the school district’s determination, consider
765 information provided by the parent and the school district, and
766 render a recommended decision for resolution to the State Board
767 of Education within 30 days after receipt of the request by the
768 parent. The State Board of Education must approve or reject the
769 recommended decision at its next regularly scheduled meeting
770 that is more than 7 calendar days and no more than 30 days after
771 the date the recommended decision is transmitted. The costs of
772 the special magistrate shall be borne by the school district.
773 The State Board of Education shall adopt rules, including forms,
774 necessary to implement this subparagraph.
775 Section 16. Present subsections (3) through (16) of section
776 1006.38, Florida Statutes, are redesignated as subsections (4)
777 through (17), respectively, a new subsection (3) is added to
778 that section, and present subsections (14) and (16) of that
779 section are amended, to read:
780 1006.38 Duties, responsibilities, and requirements of
781 instructional materials publishers and manufacturers.—This
782 section applies to both the state and district approval
783 processes. Publishers and manufacturers of instructional
784 materials, or their representatives, shall:
785 (3) Make sample student editions of instructional materials
786 on the commissioner’s list of state-adopted instructional
787 materials electronically available, at a discount below
788 publisher cost, for use by teacher preparation programs and by
789 educator preparation institutes as defined in ss. 1004.04 and
790 1004.85(1), respectively, for each adoption cycle, to enable
791 educators to practice teaching with currently adopted
792 instructional materials aligned to state academic standards.
793 (a) Teacher preparation programs and educator preparation
794 institutes that use samples to practice teaching shall provide
795 reasonable safeguards against the unauthorized use,
796 reproduction, and distribution of the sample copies of
797 instructional materials.
798 (b) Notwithstanding s. 1006.38(5), publishers may make
799 sample student editions of adopted instructional materials
800 available at a discounted price to teacher preparation programs
801 and educator preparation institutes for the instructional
802 purpose of educators practicing with current materials.
803 (15)(14) Accurately and fully disclose only the names of
804 those persons who actually authored the instructional materials.
805 In addition to the penalties provided in subsection (17) (16),
806 the commissioner may remove from the list of state-adopted
807 instructional materials those instructional materials whose
808 publisher or manufacturer misleads the purchaser by falsely
809 representing genuine authorship.
810 (17)(16) Upon the willful failure of the publisher or
811 manufacturer to comply with the requirements of this section, be
812 liable to the department in the amount of three times the total
813 sum which the publisher or manufacturer was paid in excess of
814 the price required under subsections (5) and (6) and (7) and in
815 the amount of three times the total value of the instructional
816 materials and services which the district school board is
817 entitled to receive free of charge under subsection (8) (7).
818 Section 17. Subsections (9) and (12) of section 1007.25,
819 Florida Statutes, are amended to read:
820 1007.25 General education courses; common prerequisites;
821 other degree requirements.—
822 (9)(a) An associate in arts degree must shall require no
823 more than 60 semester hours of college credit and include 36
824 semester hours of general education coursework. Beginning with
825 students initially entering a Florida College System institution
826 or state university in the 2014-2015 academic year and
827 thereafter, coursework for an associate in arts degree must
828 shall include demonstration of competency in a foreign language
829 pursuant to s. 1007.262. Except for developmental education
830 required pursuant to s. 1008.30, all required coursework must
831 shall count toward the associate in arts degree or the
832 baccalaureate degree.
833 (b) An associate in arts specialized transfer degree must
834 include 36 semester hours of general education coursework and
835 require 60 semester hours or more of college credit. Specialized
836 transfer degrees are designed for Florida College System
837 institution students who need supplemental lower-level
838 coursework in preparation for transfer to another institution.
839 The State Board of Education shall establish criteria for the
840 review and approval of new specialized transfer degrees. The
841 approval process must require:
842 1. A Florida College System institution to submit a notice
843 of its intent to propose a new associate in arts specialized
844 degree program to the Division of Florida Colleges. The notice
845 must include the recommended credit hours, the rationale for the
846 specialization, the demand for students entering the field, and
847 the coursework being proposed to be included beyond the 60
848 semester hours required for the general transfer degree, if
849 applicable. Notices of intent may be submitted by a Florida
850 College System institution at any time.
851 2. The Division of Florida Colleges to forward the notice
852 of intent within 10 business days after receipt to all Florida
853 College System institutions and to the Chancellor of the State
854 University System, who shall forward the notice to all state
855 universities. State universities and Florida College System
856 institutions shall have 60 days after receipt of the notice to
857 submit comments to the proposed associate in arts specialized
858 transfer degree.
859 3. After the submission of comments pursuant to
860 subparagraph 2., the requesting Florida College System
861 institution to submit a proposal that, at a minimum, includes:
862 a. Evidence that the coursework for the associate in arts
863 specialized transfer degree includes demonstration of competency
864 in a foreign language pursuant to s. 1007.262 and demonstration
865 of civic literacy competency as provided in subsection (5).
866 b. Demonstration that all required coursework will count
867 toward the associate in arts degree or the baccalaureate degree.
868 c. An analysis of demand and unmet need for students
869 entering the specialized field of study at the baccalaureate
870 level.
871 d. Justification for the program length if it exceeds 60
872 credit hours, including references to the common prerequisite
873 manual or other requirements for the baccalaureate degree. This
874 includes documentation of alignment between the exit
875 requirements of a Florida College System institution and the
876 admissions requirements of a baccalaureate program at a state
877 university to which students would typically transfer.
878 e. Articulation agreements for graduates of the associate
879 in arts specialized transfer degree.
880 f. Responses to the comments received under subparagraph 2.
881 (c) The Division of Florida Colleges shall review the
882 proposal and, within 30 days after receipt, shall provide
883 written notification to the Florida College System institution
884 of any deficiencies and provide the institution with an
885 opportunity to correct the deficiencies. Within 45 days after
886 receipt of a completed proposal by the Division of Florida
887 Colleges, the Commissioner of Education shall recommend approval
888 or disapproval of the new specialized transfer degree to the
889 State Board of Education. The State Board of Education shall
890 consider the recommendation at its next meeting.
891 (d) Upon approval of an associate in arts specialized
892 transfer degree by the State Board of Education, a Florida
893 College System institution may offer the degree and shall report
894 data on student and program performance in a manner prescribed
895 by the Department of Education.
896 (e) The State Board of Education shall adopt rules pursuant
897 to ss. 120.536(1) and 120.54 to prescribe format and content
898 requirements and submission procedures for notices of intent,
899 proposals, and compliance reviews under this subsection.
900 (12) A student who received an associate in arts degree for
901 successfully completing 60 semester credit hours may continue to
902 earn additional credits at a Florida College System institution.
903 The university must provide credit toward the student’s
904 baccalaureate degree for an additional Florida College System
905 institution course if, according to the statewide course
906 numbering, the Florida College System institution course is a
907 course listed in the university catalog as required for the
908 degree or as prerequisite to a course required for the degree.
909 Of the courses required for the degree, at least half of the
910 credit hours required for the degree must shall be achievable
911 through courses designated as lower division, except in degree
912 programs approved by the State Board of Education for programs
913 offered by Florida College System institutions and by the Board
914 of Governors for programs offered by state universities.
915 Section 18. Subsection (4) of section 1007.271, Florida
916 Statutes, is amended to read:
917 1007.271 Dual enrollment programs.—
918 (4)(a) District school boards may not refuse to enter into
919 a dual enrollment articulation agreement with a local Florida
920 College System institution if that Florida College System
921 institution has the capacity to offer dual enrollment courses.
922 (b) District school boards must make reasonable efforts to
923 enter into dual enrollment articulation agreements with a
924 Florida College System institution that offers online dual
925 enrollment courses.
926 Section 19. Paragraphs (b) and (c) of subsection (4) and
927 subsection (5) of section 1008.33, Florida Statutes, are amended
928 to read:
929 1008.33 Authority to enforce public school improvement.—
930 (4)
931 (b) Unless an additional year of implementation is provided
932 pursuant to paragraph (a), a school that completes a plan cycle
933 under paragraph (a) and does not improve to a grade of “C” or
934 higher must implement one of the following:
935 1. Reassign students to another school and monitor the
936 progress of each reassigned student;
937 2. Close the school and reopen the school as one or more
938 charter schools, each with a governing board that has a
939 demonstrated record of effectiveness. Upon reopening as a
940 charter school:
941 a. The school district shall continue to operate the school
942 for the following school year and, no later than October 1,
943 execute a charter school turnaround contract that will allow the
944 charter school an opportunity to conduct an evaluation of the
945 educational program and personnel currently assigned to the
946 school during the year in preparation for assuming full
947 operational control of the school and facility by July 1. The
948 school district may not reduce or remove resources from the
949 school during this time.
950 b. The charter school operator must provide enrollment
951 preference to students currently attending or who would have
952 otherwise attended or been zoned for the school. The school
953 district shall consult and negotiate with the charter school
954 every 3 years to determine whether realignment of the attendance
955 zone is appropriate to ensure that students residing closest to
956 the school are provided with an enrollment preference.
957 c. The charter school operator must serve the existing
958 grade levels served by the school at its current enrollment or
959 higher, but may, at its discretion, serve additional grade
960 levels.
961 d. The school district may not charge rental or leasing
962 fees for the existing facility or for the property normally
963 inventoried to the school. The school and the school district
964 shall agree to reasonable maintenance provisions in order to
965 maintain the facility in a manner similar to all other school
966 facilities in the school district.
967 e. The school district may not withhold an administrative
968 fee for the provision of services identified in s.
969 1002.33(20)(a); or
970 3. Contract with an outside entity that has a demonstrated
971 record of effectiveness to provide turnaround services
972 identified in state board rule, which may include school
973 leadership, educational modalities, teacher and leadership
974 professional development, curriculum, operation and management
975 services, school-based administrative staffing, budgeting,
976 scheduling, other educational service provider functions, or any
977 combination thereof. Selection of an outside entity may include
978 one or a combination of the following:
979 a. An external operator, which may be a district-managed
980 charter school or a high-performing charter school network in
981 which all instructional personnel are not employees of the
982 school district, but are employees of an independent governing
983 board composed of members who did not participate in the review
984 or approval of the charter.
985 b. A contractual agreement that allows for a charter school
986 network or any of its affiliated subsidiaries to provide
987 individualized consultancy services tailored to address the
988 identified needs of one or more schools under this section.
989
990 A school district and outside entity under this subparagraph
991 must enter, at minimum, a 2-year, performance-based contract.
992 The contract must include school performance and growth metrics
993 the outside entity must meet on an annual basis. The state board
994 may require the school district to modify or cancel the
995 contract.
996 (c) Implementation of the turnaround option is no longer
997 required if the school improves to a grade of “C” or higher,
998 unless the school district has already executed a charter school
999 turnaround contract pursuant to this section.
1000 (5) The state board shall adopt rules pursuant to ss.
1001 120.536(1) and 120.54 to administer this section. The rules
1002 shall include timelines for submission of implementation plans,
1003 approval criteria for implementation plans, and timelines for
1004 implementing intervention and support strategies, a standard
1005 charter school turnaround contract, a standard facility lease,
1006 and a mutual management agreement. The state board shall consult
1007 with education stakeholders in developing the rules.
1008 Section 20. Paragraph (c) of subsection (3) of section
1009 1008.34, Florida Statutes, is amended to read:
1010 1008.34 School grading system; school report cards;
1011 district grade.—
1012 (3) DESIGNATION OF SCHOOL GRADES.—
1013 (c)1. The calculation of a school grade shall be based on
1014 the percentage of points earned from the components listed in
1015 subparagraph (b)1. and, if applicable, subparagraph (b)2. The
1016 State Board of Education shall adopt in rule a school grading
1017 scale that sets the percentage of points needed to earn each of
1018 the school grades listed in subsection (2). There shall be at
1019 least five percentage points separating the percentage
1020 thresholds needed to earn each of the school grades. The state
1021 board shall annually review the percentage of school grades of
1022 “A” and “B” for the school year to determine whether to adjust
1023 the school grading scale upward for the following school year’s
1024 school grades. The first adjustment would occur no earlier than
1025 the 2023-2024 school year. An adjustment must be made if the
1026 percentage of schools earning a grade of “A” or “B” in the
1027 current year represents 75 percent or more of all graded schools
1028 within a particular school type, which consists of elementary,
1029 middle, high, and combination. The adjustment must reset the
1030 minimum required percentage of points for each grade of “A,”
1031 “B,” “C,” or “D” at the next highest percentage ending in the
1032 numeral 5 or 0, whichever is closest to the current percentage.
1033 Annual reviews of the percentage of schools earning a grade of
1034 “A” or “B” and adjustments to the required points must be
1035 suspended when the following grading scale for a specific school
1036 type is achieved:
1037 a. Ninety percent or more of the points for a grade of “A.”
1038 b. Eighty to eighty-nine percent of the points for a grade
1039 of “B.”
1040 c. Seventy to seventy-nine percent of the points for a
1041 grade of “C.”
1042 d. Sixty to sixty-nine percent of the points for a grade of
1043 “D.”
1044
1045 When the state board adjusts the grading scale upward, the state
1046 board must inform the public of the degree of the adjustment and
1047 its anticipated impact on school grades. Beginning in the 2024
1048 2025 school year, any changes made by the state board to
1049 components in the school grades model or to the school grading
1050 scale shall go into effect, at the earliest, in the following
1051 school year.
1052 2. The calculation of school grades may not include any
1053 provision that would raise or lower the school’s grade beyond
1054 the percentage of points earned. Extra weight may not be added
1055 in the calculation of any components.
1056 Section 21. Paragraph (c) of subsection (3) of section
1057 1009.21, Florida Statutes, is amended to read:
1058 1009.21 Determination of resident status for tuition
1059 purposes.—Students shall be classified as residents or
1060 nonresidents for the purpose of assessing tuition in
1061 postsecondary educational programs offered by charter technical
1062 career centers or career centers operated by school districts,
1063 in Florida College System institutions, and in state
1064 universities.
1065 (3)
1066 (c) Each institution of higher education shall
1067 affirmatively determine that an applicant who has been granted
1068 admission to that institution as a Florida resident meets the
1069 residency requirements of this section at the time of initial
1070 enrollment. The residency determination must be documented by
1071 the submission of written or electronic verification that
1072 includes two or more of the documents identified in this
1073 paragraph, unless the document provided is the document
1074 described in sub-subparagraph 1.f., which is deemed a single,
1075 conclusive piece of evidence proving residency. No single piece
1076 of evidence shall be conclusive.
1077 1. The documents must include at least one of the
1078 following:
1079 a. A Florida voter’s registration card.
1080 b. A Florida driver license.
1081 c. A State of Florida identification card.
1082 d. A Florida vehicle registration.
1083 e. Proof of a permanent home in Florida which is occupied
1084 as a primary residence by the individual or by the individual’s
1085 parent if the individual is a dependent child.
1086 f. Proof of a homestead exemption in Florida.
1087 g. Transcripts from a Florida high school for multiple
1088 years if the Florida high school diploma or high school
1089 equivalency diploma was earned within the last 12 months.
1090 h. Proof of permanent full-time employment in Florida for
1091 at least 30 hours per week for a 12-month period.
1092 2. The documents may include one or more of the following:
1093 a. A declaration of domicile in Florida.
1094 b. A Florida professional or occupational license.
1095 c. Florida incorporation.
1096 d. A document evidencing family ties in Florida.
1097 e. Proof of membership in a Florida-based charitable or
1098 professional organization.
1099 f. Any other documentation that supports the student’s
1100 request for resident status, including, but not limited to,
1101 utility bills and proof of 12 consecutive months of payments; a
1102 lease agreement and proof of 12 consecutive months of payments;
1103 or an official state, federal, or court document evidencing
1104 legal ties to Florida.
1105 Section 22. Subsection (22) is added to section 1009.23,
1106 Florida Statutes, to read:
1107 1009.23 Florida College System institution student fees.—
1108 (22) Beginning with the 2024-2025 academic year, Miami Dade
1109 College, Polk State College, and Tallahassee Community College
1110 are authorized to charge an amount not to exceed $290 per credit
1111 hour for nonresident tuition and fees for distance learning.
1112 Such institutions may phase in this nonresident tuition rate by
1113 degree program.
1114 Section 23. Paragraphs (a) through (f) of subsection (10)
1115 of section 1009.98, Florida Statutes, are amended to read:
1116 1009.98 Stanley G. Tate Florida Prepaid College Program.—
1117 (10) PAYMENTS ON BEHALF OF QUALIFIED BENEFICIARIES.—
1118 (a) As used in this subsection, the term:
1119 1. “Actuarial reserve” means the amount by which the
1120 expected value of the assets exceeds the expected value of the
1121 liabilities of the trust fund.
1122 2. “Dormitory fees” means the fees included under advance
1123 payment contracts pursuant to paragraph (2)(d).
1124 3. “Fiscal year” means the fiscal year of the state
1125 pursuant to s. 215.01.
1126 4. “Local fees” means the fees covered by an advance
1127 payment contract provided pursuant to subparagraph (2)(b)2.
1128 5. “Tuition differential” means the fee covered by advance
1129 payment contracts sold pursuant to subparagraph (2)(b)3. The
1130 base rate for the tuition differential fee for the 2012-2013
1131 fiscal year is established at $37.03 per credit hour. The base
1132 rate for the tuition differential in subsequent years is the
1133 amount assessed for the tuition differential for the preceding
1134 year adjusted pursuant to subparagraph (b)2.
1135 (b) Effective with the 2022-2023 2009-2010 academic year
1136 and thereafter, and notwithstanding s. 1009.24, the amount paid
1137 by the board to any state university on behalf of a qualified
1138 beneficiary of an advance payment contract whose contract was
1139 purchased before July 1, 2034 2024, shall be:
1140 1. As to registration fees, if the actuarial reserve is
1141 less than 5 percent of the expected liabilities of the trust
1142 fund, the board shall pay the state universities 5.5 percent
1143 above the amount assessed for registration fees in the preceding
1144 fiscal year. If the actuarial reserve is between 5 percent and 6
1145 percent of the expected liabilities of the trust fund, the board
1146 shall pay the state universities 6 percent above the amount
1147 assessed for registration fees in the preceding fiscal year. If
1148 the actuarial reserve is between 6 percent and 7.5 percent of
1149 the expected liabilities of the trust fund, the board shall pay
1150 the state universities 6.5 percent above the amount assessed for
1151 registration fees in the preceding fiscal year. If the actuarial
1152 reserve is equal to or greater than 7.5 percent of the expected
1153 liabilities of the trust fund, the board shall pay the state
1154 universities 7 percent above the amount assessed for
1155 registration fees in the preceding fiscal year, whichever is
1156 greater.
1157 2. As to the tuition differential, if the actuarial reserve
1158 is less than 5 percent of the expected liabilities of the trust
1159 fund, the board shall pay the state universities 5.5 percent
1160 above the amount assessed base rate for the tuition differential
1161 fee in the preceding fiscal year. If the actuarial reserve is
1162 between 5 percent and 6 percent of the expected liabilities of
1163 the trust fund, the board shall pay the state universities 6
1164 percent above the amount assessed base rate for the tuition
1165 differential fee in the preceding fiscal year. If the actuarial
1166 reserve is between 6 percent and 7.5 percent of the expected
1167 liabilities of the trust fund, the board shall pay the state
1168 universities 6.5 percent above the amount assessed base rate for
1169 the tuition differential fee in the preceding fiscal year. If
1170 the actuarial reserve is equal to or greater than 7.5 percent of
1171 the expected liabilities of the trust fund, the board shall pay
1172 the state universities 7 percent above the amount assessed base
1173 rate for the tuition differential fee in the preceding fiscal
1174 year.
1175 3. As to local fees, the board shall pay the state
1176 universities 5 percent above the amount assessed for local fees
1177 in the preceding fiscal year.
1178 4. As to dormitory fees, the board shall pay the state
1179 universities 6 percent above the amount assessed for dormitory
1180 fees in the preceding fiscal year.
1181 5. Qualified beneficiaries of advance payment contracts
1182 purchased before July 1, 2007, are exempt from paying any
1183 tuition differential fee.
1184 (c) Notwithstanding the amount assessed for registration
1185 fees, the tuition differential, or local fees, the amount paid
1186 by the board to any state university on behalf of a qualified
1187 beneficiary of an advance payment contract purchased before July
1188 1, 2034 July 1, 2024, may not exceed 100 percent of the amount
1189 charged by the state university for the aggregate sum of those
1190 fees.
1191 (d) Notwithstanding the amount assessed for dormitory fees,
1192 the amount paid by the board to any state university on behalf
1193 of a qualified beneficiary of an advance payment contract
1194 purchased before July 1, 2034 July 1, 2024, may not exceed 100
1195 percent of the amount charged by the state university for
1196 dormitory fees.
1197 (e) Notwithstanding the number of credit hours used by a
1198 state university to assess the amount for registration fees,
1199 tuition, tuition differential, or local fees, the amount paid by
1200 the board to any state university on behalf of a qualified
1201 beneficiary of an advance payment contract purchased before July
1202 1, 2034 July 1, 2024, may not exceed the number of credit hours
1203 taken by that qualified beneficiary at the state university.
1204 (f) The board shall pay state universities the actual
1205 amount assessed in accordance with law for registration fees,
1206 the tuition differential, local fees, and dormitory fees for
1207 advance payment contracts purchased on or after July 1, 2034
1208 July 1, 2024.
1209 Section 24. Subsection (5) is added to section 1012.55,
1210 Florida Statutes, to read:
1211 1012.55 Positions for which certificates required.—
1212 (5) Notwithstanding ss. 1012.32, 1012.55, and 1012.56, or
1213 any other provision of law or rule to the contrary, the State
1214 Board of Education shall adopt rules to allow for the issuance
1215 of a classical education teaching certificate, upon the request
1216 of a classical school, to any applicant who fulfills the
1217 requirements of s. 1012.56(2)(a)-(f) and (11) and any other
1218 criteria established by the department. Such certificate is only
1219 valid at a classical school. For the purposes of this
1220 subsection, the term “classical school” means a school that
1221 implements and provides professional learning in a classical
1222 education school model that emphasizes the development of
1223 students in the principles of moral character and civic virtue
1224 through a well-rounded education in the liberal arts and
1225 sciences that is based on the classical trivium stages of
1226 grammar, logic, and rhetoric.
1227 Section 25. Subsection (5), paragraph (a) of subsection
1228 (6), and subsection (9) of section 1012.79, Florida Statutes,
1229 are amended to read:
1230 1012.79 Education Practices Commission; organization.—
1231 (5) The Commissioner of Education may, at his or her
1232 discretion, appoint and remove commission, by a vote of three
1233 fourths of the membership, shall employ an executive director,
1234 who shall be exempt from career service. The executive director
1235 may be dismissed by a majority vote of the membership.
1236 (6)(a) The commission shall be assigned to the Department
1237 of Education for administrative and fiscal accountability
1238 purposes. The commission, in the performance of its powers and
1239 duties, may shall not be subject to control, supervision, or
1240 direction by the Department of Education.
1241 (9) The commission shall make such expenditures as may be
1242 necessary in exercising its authority and powers and carrying
1243 out its duties and responsibilities, including expenditures for
1244 personal services, legal services general counsel or access to
1245 counsel, and rent at the seat of government and elsewhere; for
1246 books of reference, periodicals, furniture, equipment, and
1247 supplies; and for printing and binding. The expenditures of the
1248 commission shall be subject to the powers and duties of the
1249 Department of Financial Services as provided in s. 17.03.
1250 Section 26. Section 1012.86, Florida Statutes, is repealed.
1251 Section 27. Subsection (19) of section 1001.64, Florida
1252 Statutes, is amended to read:
1253 1001.64 Florida College System institution boards of
1254 trustees; powers and duties.—
1255 (19) Each board of trustees shall appoint, suspend, or
1256 remove the president of the Florida College System institution.
1257 The board of trustees may appoint a search committee. The board
1258 of trustees shall conduct annual evaluations of the president in
1259 accordance with rules of the State Board of Education and submit
1260 such evaluations to the State Board of Education for review. The
1261 evaluation must address the achievement of the performance goals
1262 established by the accountability process implemented pursuant
1263 to s. 1008.45 and the performance of the president in achieving
1264 the annual and long-term goals and objectives established in the
1265 Florida College System institution’s employment accountability
1266 program implemented pursuant to s. 1012.86.
1267 Section 28. Subsection (22) of section 1001.65, Florida
1268 Statutes, is amended to read:
1269 1001.65 Florida College System institution presidents;
1270 powers and duties.—The president is the chief executive officer
1271 of the Florida College System institution, shall be corporate
1272 secretary of the Florida College System institution board of
1273 trustees, and is responsible for the operation and
1274 administration of the Florida College System institution. Each
1275 Florida College System institution president shall:
1276 (22) Submit an annual employment accountability plan to the
1277 Department of Education pursuant to the provisions of s.
1278 1012.86.
1279 Section 29. The Department of Education shall provide a
1280 bonus in the amount of $50 to compensate International
1281 Baccalaureate teachers for each student they teach who received
1282 a score of “C” or higher on an International Baccalaureate
1283 Theory of Knowledge subject examination. If the total amount of
1284 the bonuses is greater than the funds provided in this
1285 appropriation, each teacher’s amount shall be prorated based on
1286 the number of students who earned qualifying scores in each
1287 district. These bonuses shall be in addition to any regular wage
1288 or other bonus the teacher received or is scheduled to receive.
1289 The sum of $250,000 in nonrecurring funds is appropriated to
1290 fund this section.
1291 Section 30. This act shall take effect July 1, 2024.
1292
1293 ================= T I T L E A M E N D M E N T ================
1294 And the title is amended as follows:
1295 Delete everything before the enacting clause
1296 and insert:
1297 A bill to be entitled
1298 An act relating to education; amending ss. 192.0105,
1299 192.048, and 196.082, F.S.; conforming cross
1300 references; amending s. 196.011, F.S.; providing that
1301 an annual application for exemption on property used
1302 to house a charter school is not required; requiring
1303 the owner or lessee of such property to notify the
1304 property appraiser in specified circumstances;
1305 providing penalties; creating s. 288.036, F.S.;
1306 providing definitions; creating the Office of Ocean
1307 Economy within the State University System to be
1308 housed at Florida Atlantic University; providing
1309 duties of the Office of Ocean Economy; requiring an
1310 annual report to the Board of Governors, the Governor,
1311 and the Legislature by a specified date; requiring the
1312 office to post the report on its website; amending ss.
1313 1001.61 and 1001.71, F.S.; prohibiting members of the
1314 board of trustees of a Florida College System
1315 institution and a state university, respectively, from
1316 having business dealings with any entity under their
1317 purview during their membership; amending s. 1002.33,
1318 F.S.; providing that students who transfer from
1319 certain classical schools to certain charter classical
1320 schools may be included as a student population to
1321 whom charter schools may give enrollment preference;
1322 defining the term “classical school”; revising the
1323 list of student populations that may be targeted for
1324 enrollment by a charter school by limiting the
1325 enrollment process; revising the definition of the
1326 term “charter school personnel”; amending s. 1002.42,
1327 F.S.; authorizing private schools to use or purchase
1328 specified facilities; exempting such facilities from
1329 specified zoning or land use requirements; requiring
1330 that such facilities meet specified laws, codes, and
1331 rules; amending s. 1002.45, F.S.; providing
1332 responsibilities for approved virtual instruction
1333 program providers, virtual charter schools, and school
1334 districts relating to statewide assessments and
1335 progress monitoring for certain students; creating s.
1336 1003.052, F.S.; establishing the Purple Star School
1337 District Program; providing requirements for such
1338 program; authorizing the Department of Education to
1339 establish additional program criteria; authorizing the
1340 State Board of Education to adopt rules; amending s.
1341 1003.451, F.S.; requiring school districts and charter
1342 schools to provide certain students with an
1343 opportunity to take the Armed Services Vocational
1344 Aptitude Battery and consult with a military
1345 recruiter; providing requirements for the scheduling
1346 of such test; amending s. 1003.53, F.S.; revising
1347 requirements for the assignment of students to
1348 disciplinary programs and alternative school settings
1349 or other programs; revising requirements for dropout
1350 prevention and academic intervention programs;
1351 requiring such programs to include academic
1352 intervention plans for students; providing
1353 requirements for such plans; providing that specified
1354 provisions apply to all dropout prevention and
1355 academic intervention programs; requiring school
1356 principals or their designees to make a reasonable
1357 effort to notify parents by specified means and to
1358 document such effort; creating s. 1004.051, F.S.;
1359 prohibiting a public postsecondary institution from
1360 prohibiting specified students from being employed;
1361 providing applicability; amending s. 1006.28, F.S.;
1362 limiting the number of objections to school district
1363 materials; authorizing the State Board of Education to
1364 adopt rules; amending s. 1006.38, F.S.; requiring
1365 instructional materials publishers and manufacturers
1366 or their representatives to make sample student
1367 editions of specified instructional materials
1368 available electronically for use by certain programs
1369 and institutes for a specified purpose; requiring
1370 teacher preparation programs and educator preparation
1371 institutes that use sample student editions to meet
1372 certain requirements; authorizing publishers to make
1373 available at a discounted price sample student
1374 editions of specified instructional materials to
1375 certain programs; amending s. 1007.25, F.S.; creating
1376 associate in arts specialized transfer degrees;
1377 providing requirements for such degrees; providing a
1378 process for the approval of such degree programs;
1379 requiring the state board to adopt specified rules;
1380 amending s. 1007.271, F.S.; requiring district school
1381 boards to make reasonable efforts to enter into
1382 specified agreements with a Florida College System
1383 institution for certain online courses; amending s.
1384 1008.33, F.S.; providing requirements for turnaround
1385 schools that close and reopen as charter schools and
1386 school districts in which such schools reside;
1387 providing that specified provisions do not apply to
1388 certain turnaround schools; requiring the State Board
1389 of Education to adopt rules for a charter school
1390 turnaround contract and specified leases and
1391 agreements; amending s. 1008.34, F.S.; requiring that
1392 any changes made by the state board to components in
1393 the school grades model or the school grading scale
1394 shall go into effect, at the earliest, the following
1395 school year; amending s. 1009.21, F.S.; providing that
1396 a specified method for a student to prove residency
1397 for tuition purposes is deemed a single, conclusive
1398 piece of evidence; amending s. 1009.23, F.S.;
1399 authorizing certain Florida College System
1400 institutions to charge a specified amount for
1401 nonresident tuition and fees for distance learning;
1402 amending s. 1009.98, F.S.; revising the definition of
1403 the term “tuition differential”; revising provisions
1404 relating to payments the Florida Prepaid College Board
1405 must pay to state universities on behalf of
1406 beneficiaries of specified contracts; amending s.
1407 1012.55, F.S.; requiring the state board to adopt
1408 rules for the issuance of a classical education
1409 teaching certificate; providing requirements for such
1410 certificate; defining the term “classical school”;
1411 amending s. 1012.79, F.S.; authorizing the
1412 Commissioner of Education to appoint an executive
1413 director of the Education Practices Commission;
1414 revising the purpose of the commission; authorizing
1415 the commission to expend funds for legal services;
1416 repealing s. 1012.86, F.S., relating to the Florida
1417 College System institution employment equity
1418 accountability program; amending ss. 1001.64 and
1419 1001.65, F.S.; conforming provisions to changes made
1420 by the act; requiring the department to provide a
1421 bonus to International Baccalaureate teachers under
1422 certain circumstances; providing an appropriation;
1423 providing an effective date.