Bill Text: FL S0940 | 2014 | Regular Session | Enrolled
Bill Title: Florida Statutes
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-05-14 - Chapter No. 2014-20 [S0940 Detail]
Download: Florida-2014-S0940-Enrolled.html
ENROLLED 2014 Legislature SB 940 2014940er 1 2 An act relating to the Florida Statutes; amending ss. 3 322.091, 334.351, 414.1251, 440.491, 445.024, 468.304, 4 478.45, 480.035, 480.041, 944.1905, 944.275, 944.801, 5 958.045, 985.601, 1001.42, 1003.21, 1003.51, 1003.52, 6 1004.02, 1004.65, 1004.93, 1008.345, and 1009.21, 7 F.S.; to conform to the directive of the Legislature 8 to the Division of Law Revision and Information in 9 section 38 of chapter 2013-51, Laws of Florida, to 10 change the terms “General Educational Development 11 test” or “GED test” to “high school equivalency 12 examination” and the terms “general education 13 diploma,” “graduate equivalency diploma,” or “GED” to 14 “high school equivalency diploma” wherever those terms 15 appear in the Florida Statutes; providing an effective 16 date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Paragraph (c) of subsection (1) of section 21 322.091, Florida Statutes, is amended to read: 22 322.091 Attendance requirements.— 23 (1) ELIGIBILITY REQUIREMENTS FOR DRIVING PRIVILEGES.—A 24 minor is not eligible for driving privileges unless that minor: 25 (c) Is enrolled in a study course in preparation for the 26 high school equivalency examinationTest of General Educational27Developmentand satisfies relevant attendance requirements; 28 29 The department may not issue a driver license or learner’s 30 driver license to, or shall suspend the driver license or 31 learner’s driver license of, any minor concerning whom the 32 department receives notification of noncompliance with the 33 requirements of this section. 34 Section 2. Paragraph (b) of subsection (3) of section 35 334.351, Florida Statutes, is amended to read: 36 334.351 Youth work experience program; findings and intent; 37 authority to contract; limitation.— 38 (3) When selecting a nonprofit youth organization to 39 perform work on transportation-related facilities and before 40 awarding a contract under this section, the department must 41 consider the following criteria: 42 (b) The number of participants receiving high school 43 diplomas or high school equivalency diplomasGEDs; 44 Section 3. Subsection (1) of section 414.1251, Florida 45 Statutes, is amended to read: 46 414.1251 Learnfare program.— 47 (1) The department shall reduce the temporary cash 48 assistance for a participant’s eligible dependent child or for 49 an eligible teenage participant who has not been exempted from 50 education participation requirements, if the eligible dependent 51 child or eligible teenage participant has been identified either 52 as a habitual truant, pursuant to s. 1003.01(8), or as a 53 dropout, pursuant to s. 1003.01(9). For a student who has been 54 identified as a habitual truant, the temporary cash assistance 55 must be reinstated after a subsequent grading period in which 56 the child’s attendance has substantially improved. For a student 57 who has been identified as a dropout, the temporary cash 58 assistance must be reinstated after the student enrolls in a 59 public school, receives a high school diploma or its 60 equivalency, enrolls in preparation for the high school 61 equivalency examinationGeneral Educational Development Tests, 62 or enrolls in other educational activities approved by the 63 district school board. Good cause exemptions from the rule of 64 unexcused absences include the following: 65 (a) The student is expelled from school and alternative 66 schooling is not available. 67 (b) No licensed day care is available for a child of teen 68 parents subject to Learnfare. 69 (c) Prohibitive transportation problems exist (e.g., to and 70 from day care). 71 72 Within 10 days after sanction notification, the participant 73 parent of a dependent child or the teenage participant may file 74 an internal fair hearings process review procedure appeal, and 75 no sanction shall be imposed until the appeal is resolved. 76 Section 4. Paragraph (a) of subsection (6) of section 77 440.491, Florida Statutes, is amended to read: 78 440.491 Reemployment of injured workers; rehabilitation.— 79 (6) TRAINING AND EDUCATION.— 80 (a) Upon referral of an injured employee by the carrier, or 81 upon the request of an injured employee, the department shall 82 conduct a training and education screening to determine whether 83 it should refer the employee for a vocational evaluation, 84 approve training and education, or approve other vocational 85 services for the employee. At the time of such referral, the 86 carrier shall provide the department a copy of any reemployment 87 assessment or reemployment plan provided to the carrier by a 88 rehabilitation provider. The department may not approve formal 89 training and education programs unless it determines, after 90 consideration of the reemployment assessment, that the 91 reemployment plan is likely to result in return to suitable 92 gainful employment. The department may expend moneys from the 93 Workers’ Compensation Administration Trust Fund, established by 94 s. 440.50, to secure appropriate training and education at a 95 Florida public college or at a career center established under 96 s. 1001.44, or to secure other vocational services when 97 necessary to satisfy the recommendation of a vocational 98 evaluator. As used in this paragraph, “appropriate training and 99 education” includes securing a high school equivalencygeneral100educationdiploma(GED), if necessary. The department shall by 101 rule establish training and education standards pertaining to 102 employee eligibility, course curricula and duration, and 103 associated costs. For purposes of this subsection, training and 104 education services may be secured from additional providers if: 105 1. The injured employee currently holds an associate degree 106 and requests to earn a bachelor’s degree not offered by a 107 Florida public college located within 50 miles from his or her 108 customary residence; 109 2. The injured employee’s enrollment in an education or 110 training program in a Florida public college or career center 111 would be significantly delayed; or 112 3. The most appropriate training and education program is 113 available only through a provider other than a Florida public 114 college or career center or at a Florida public college or 115 career center located more than 50 miles from the injured 116 employee’s customary residence. 117 Section 5. Paragraph (k) of subsection (1) of section 118 445.024, Florida Statutes, is amended to read: 119 445.024 Work requirements.— 120 (1) WORK ACTIVITIES.—The Department of Economic Opportunity 121 may develop activities under each of the following categories of 122 work activities. The following categories of work activities, 123 based on federal law and regulations, may be used individually 124 or in combination to satisfy the work requirements for a 125 participant in the temporary cash assistance program: 126 (k) Satisfactory attendance at a secondary school or in a 127 course of study leading to a high schoolgraduateequivalency 128 diploma. 129 Section 6. Paragraph (b) of subsection (3) of section 130 468.304, Florida Statutes, is amended to read: 131 468.304 Certification.—The department shall certify any 132 applicant who meets the following criteria: 133 (3) Submits satisfactory evidence, verified by oath or 134 affirmation, that she or he: 135 (b) Is a high school, vocational school, technical school, 136 or college graduate or has successfully completed the 137 requirements for a high schoolgraduateequivalency diploma 138(GED)or its equivalent; 139 140 The department may not certify any applicant who has committed 141 an offense that would constitute a violation of any of the 142 provisions of s. 468.3101 or applicable rules if the applicant 143 had been certified by the department at the time of the offense. 144 An application for a limited computed tomography certificate may 145 not be accepted. A person holding a valid computed tomography 146 certificate as of October 1, 1984, is subject to s. 468.309. 147 Section 7. Paragraph (c) of subsection (1) of section 148 478.45, Florida Statutes, is amended to read: 149 478.45 Requirements for licensure.— 150 (1) An applicant applying for licensure as an electrologist 151 shall file a written application, accompanied by the application 152 for licensure fee prescribed in s. 478.55, on a form provided by 153 the board, showing to the satisfaction of the board that the 154 applicant: 155 (c) Possesses a high school diploma or a high school 156graduateequivalency diploma. 157 Section 8. Subsection (2) of section 480.035, Florida 158 Statutes, is amended to read: 159 480.035 Board of Massage Therapy.— 160 (2) Five members of the board shall be licensed massage 161 therapists and shall have been engaged in the practice of 162 massage for not less than 5 consecutive years prior to the date 163 of appointment to the board. The Governor shall appoint each 164 member for a term of 4 years. Two members of the board shall be 165 laypersons. Each board member shall be a high school graduate or 166 shall have received a high schoolgraduateequivalency diploma. 167 Each board member shall be a citizen of the United States and a 168 resident of this state for not less than 5 years. The 169 appointments will be subject to confirmation by the Senate. 170 Section 9. Paragraph (a) of subsection (1) of section 171 480.041, Florida Statutes, is amended to read: 172 480.041 Massage therapists; qualifications; licensure; 173 endorsement.— 174 (1) Any person is qualified for licensure as a massage 175 therapist under this act who: 176 (a) Is at least 18 years of age or has received a high 177 school diploma or high schoolgraduateequivalency diploma; 178 Section 10. Paragraph (b) of subsection (2) of section 179 944.1905, Florida Statutes, is amended to read: 180 944.1905 Initial inmate classification; inmate 181 reclassification.—The Department of Corrections shall classify 182 inmates pursuant to an objective classification scheme. The 183 initial inmate classification questionnaire and the inmate 184 reclassification questionnaire must cover both aggravating and 185 mitigating factors. 186 (2) In scoring the initial inmate classification 187 questionnaire, points may be deducted from the inmate’s overall 188 score for factors indicating the inmate’s stability. Such 189 factors may include: 190 (b) High school diploma or high school equivalency diploma 191GEDreceived; and 192 Section 11. Paragraph (d) of subsection (4) of section 193 944.275, Florida Statutes, is amended to read: 194 944.275 Gain-time.— 195 (4) 196 (d) Notwithstanding subparagraphs (b)1. and 2., the 197 education program manager shall recommend, and the Department of 198 Corrections may grant, a one-time award of 60 additional days of 199 incentive gain-time to an inmate who is otherwise eligible and 200 who successfully completes requirements for and is awarded a 201 high school equivalency diplomageneral educational development202certificateor vocational certificate. Under no circumstances 203 may an inmate receive more than 60 days for educational 204 attainment pursuant to this section. 205 Section 12. Paragraphs (g) and (j) of subsection (3) of 206 section 944.801, Florida Statutes, are amended to read: 207 944.801 Education for state prisoners.— 208 (3) The responsibilities of the Correctional Education 209 Program shall be to: 210 (g) Develop and maintain complete and reliable statistics 211 on the number of high school equivalency diplomasgeneral212educational development (GED) certificatesand vocational 213 certificates issued by each institution in each skill area, the 214 change in inmate literacy levels, and the number of inmate 215 admissions to and withdrawals from education courses. The 216 compiled statistics shall be summarized and analyzed in the 217 annual report of correctional education activities required by 218 paragraph (f). 219 (j) Recommend the award of additional incentive gain-time 220 for inmates who receive a high school equivalency diploma 221general educational development certificateor a vocational 222 certificate. 223 Section 13. Paragraph (a) of subsection (1) and paragraph 224 (b) of subsection (6) of section 958.045, Florida Statutes, are 225 amended to read: 226 958.045 Youthful offender basic training program.— 227 (1) The department shall develop and implement a basic 228 training program for youthful offenders sentenced or classified 229 by the department as youthful offenders pursuant to this 230 chapter. The period of time to be served at the basic training 231 program shall be no less than 120 days. 232 (a) The program shall include marching drills, 233 calisthenics, a rigid dress code, manual labor assignments, 234 physical training with obstacle courses, training in 235 decisionmaking and personal development, high school equivalency 236 diplomageneral educational developmentand adult basic 237 education courses, and drug counseling and other rehabilitation 238 programs. 239 (6) 240 (b) While in the community residential program, as 241 appropriate, the offender shall engage in gainful employment, 242 and if any, shall pay restitution to the victim. If appropriate, 243 the offender may enroll in substance abuse counseling, and if 244 suitable, shall enroll in a high school equivalency diploma 245general educational developmentor adult basic education class 246 for the purpose of attaining a high school diploma. Upon release 247 from the community residential program, the offender shall 248 remain on probation, or other postrelease supervision, and abide 249 by the conditions of the offender’s probation or postrelease 250 supervision. If, upon transfer from the community residential 251 program, the offender has not completed the enrolled educational 252 program, the offender shall continue the educational program 253 until completed. If the offender fails to complete the program, 254 the department may request the court or the control release 255 authority to execute an order returning the offender back to the 256 community residential program until completion of the program. 257 Section 14. Subsection (4) of section 985.601, Florida 258 Statutes, is amended to read: 259 985.601 Administering the juvenile justice continuum.— 260 (4) The department shall maintain continuing cooperation 261 with the Department of Education, the Department of Children and 262 Family Services, the Department of Economic Opportunity, and the 263 Department of Corrections for the purpose of participating in 264 agreements with respect to dropout prevention and the reduction 265 of suspensions, expulsions, and truancy; increased access to and 266 participation in high school equivalency diplomaGED, 267 vocational, and alternative education programs; and employment 268 training and placement assistance. The cooperative agreements 269 between the departments shall include an interdepartmental plan 270 to cooperate in accomplishing the reduction of inappropriate 271 transfers of children into the adult criminal justice and 272 correctional systems. 273 Section 15. Paragraph (b) of subsection (18) of section 274 1001.42, Florida Statutes, is amended to read: 275 1001.42 Powers and duties of district school board.—The 276 district school board, acting as a board, shall exercise all 277 powers and perform all duties listed below: 278 (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY. 279 Maintain a state system of school improvement and education 280 accountability as provided by statute and State Board of 281 Education rule. This system of school improvement and education 282 accountability shall be consistent with, and implemented 283 through, the district’s continuing system of planning and 284 budgeting required by this section and ss. 1008.385, 1010.01, 285 and 1011.01. This system of school improvement and education 286 accountability shall comply with the provisions of ss. 1008.33, 287 1008.34, 1008.345, and 1008.385 and include the following: 288 (b) Public disclosure.—The district school board shall 289 provide information regarding the performance of students and 290 educational programs as required pursuant to ss. 1008.22 and 291 1008.385 and implement a system of school reports as required by 292 statute and State Board of Education rule which shall include 293 schools operating for the purpose of providing educational 294 services to youth in Department of Juvenile Justice programs, 295 and for those schools, report on the elements specified in s. 296 1003.52(19). Annual public disclosure reports shall be in an 297 easy-to-read report card format and shall include the school’s 298 grade, high school graduation rate calculated without high 299 school equivalency diploma recipientsGED tests, disaggregated 300 by student ethnicity, and performance data as specified in state 301 board rule. 302 Section 16. Paragraph (c) of subsection (1) of section 303 1003.21, Florida Statutes, is amended to read: 304 1003.21 School attendance.— 305 (1) 306 (c) A student who attains the age of 16 years during the 307 school year is not subject to compulsory school attendance 308 beyond the date upon which he or she attains that age if the 309 student files a formal declaration of intent to terminate school 310 enrollment with the district school board. Public school 311 students who have attained the age of 16 years and who have not 312 graduated are subject to compulsory school attendance until the 313 formal declaration of intent is filed with the district school 314 board. The declaration must acknowledge that terminating school 315 enrollment is likely to reduce the student’s earning potential 316 and must be signed by the student and the student’s parent. The 317 school district shall notify the student’s parent of receipt of 318 the student’s declaration of intent to terminate school 319 enrollment. The student’s certified school counselor or other 320 school personnel shall conduct an exit interview with the 321 student to determine the reasons for the student’s decision to 322 terminate school enrollment and actions that could be taken to 323 keep the student in school. The student’s certified school 324 counselor or other school personnel shall inform the student of 325 opportunities to continue his or her education in a different 326 environment, including, but not limited to, adult education and 327 high school equivalency examinationGED testpreparation. 328 Additionally, the student shall complete a survey in a format 329 prescribed by the Department of Education to provide data on 330 student reasons for terminating enrollment and actions taken by 331 schools to keep students enrolled. 332 Section 17. Subsection (4) of section 1003.51, Florida 333 Statutes, is amended to read: 334 1003.51 Other public educational services.— 335 (4) The Department of Education shall ensure that district 336 school boards notify students in juvenile justice residential or 337 nonresidential facilities who attain the age of 16 years of the 338 provisions of law regarding compulsory school attendance and 339 make available the option of enrolling in a program to attain a 340 Florida high school diploma by taking the high school 341 equivalency examinationGeneral Educational Development test342 prior to release from the facility. District school boards or 343 Florida College System institutions, or both, shall waive high 344 school equivalency examinationGEDtesting fees for youth in 345 Department of Juvenile Justice residential programs and shall, 346 upon request, designate schools operating for the purpose of 347 providing educational services to youth in Department of 348 Juvenile Justice programs as high school equivalency examination 349GEDtesting centers, subject to high school equivalency 350 examinationGEDtesting center requirements. The administrative 351 fees for the high school equivalency examinationGeneral352Educational Development testrequired by the Department of 353 Education are the responsibility of district school boards and 354 may be required of providers by contractual agreement. 355 Section 18. Paragraph (a) of subsection (3) and subsection 356 (6) of section 1003.52, Florida Statutes, are amended to read: 357 1003.52 Educational services in Department of Juvenile 358 Justice programs.— 359 (3) The district school board of the county in which the 360 residential or nonresidential care facility or juvenile 361 assessment facility is located shall provide appropriate 362 educational assessments and an appropriate program of 363 instruction and special education services. 364 (a) The district school board shall make provisions for 365 each student to participate in basic, career education, and 366 exceptional student programs as appropriate. Students served in 367 Department of Juvenile Justice programs shall have access to the 368 appropriate courses and instruction to prepare them for the high 369 school equivalency examinationGED test. Students participating 370 in high school equivalency diplomaGEDpreparation programs 371 shall be funded at the basic program cost factor for Department 372 of Juvenile Justice programs in the Florida Education Finance 373 Program. Each program shall be conducted according to applicable 374 law providing for the operation of public schools and rules of 375 the State Board of Education. School districts shall provide the 376 high school equivalency diplomaGEDexit option for all juvenile 377 justice programs. 378 (6) Participation in the program by students of compulsory 379 school-attendance age as provided for in s. 1003.21 shall be 380 mandatory. All students of noncompulsory school-attendance age 381 who have not received a high school diploma or its equivalent 382 shall participate in the educational program, unless the student 383 files a formal declaration of his or her intent to terminate 384 school enrollment as described in s. 1003.21 and is afforded the 385 opportunity to take the high school equivalency examination 386general educational development testand attain a Florida high 387 school diploma prior to release from a facility. A youth who has 388 received a high school diploma or its equivalent and is not 389 employed shall participate in workforce development or other 390 career or technical education or Florida College System 391 institution or university courses while in the program, subject 392 to available funding. 393 Section 19. Subsections (5) and (17) of section 1004.02, 394 Florida Statutes, are amended to read: 395 1004.02 Definitions.—As used in this chapter: 396 (5) “Adult secondary education” means courses through which 397 a person receives high school credit that leads to the award of 398 a high school diploma or courses of instruction through which a 399 student prepares to take the high school equivalency examination 400General Educational Development test. 401 (17) “High school equivalency examinationGeneral402Educational Development (GED)testpreparation” means courses of 403 instruction designed to prepare adults for success on high 404 school equivalency diplomaGEDsubject area tests leading to 405 qualification for a State of Florida high school diploma. 406 Section 20. Paragraph (b) of subsection (6) and paragraph 407 (c) of subsection (8) of section 1004.65, Florida Statutes, are 408 amended to read: 409 1004.65 Florida College System institutions; governance, 410 mission, and responsibilities.— 411 (6) A separate and secondary role for Florida College 412 System institutions includes the offering of programs in: 413 (b) Adult education services, including adult basic 414 education, adult general education, adult secondary education, 415 and high school equivalency examinationGeneral Educational416Development testinstruction. 417 (8) Florida College System institutions are authorized to: 418 (c) Make provisions for the high school equivalency 419 examinationGeneral Educational Development test. 420 421 Authority to offer one or more baccalaureate degree programs 422 does not alter the governance relationship of the Florida 423 College System institution with its district board of trustees 424 or the State Board of Education. 425 Section 21. Paragraph (a) of subsection (1) and paragraph 426 (c) of subsection (2) of section 1004.93, Florida Statutes, are 427 amended to read: 428 1004.93 Adult general education.— 429 (1)(a) The intent of this section is to encourage the 430 provision of educational services that will enable adults to 431 acquire: 432 1. The basic skills necessary to attain basic and 433 functional literacy. 434 2. A high school diploma or successfully complete the high 435 school equivalency examinationGeneral Educational Development436test. 437 3. An educational foundation that will enable them to 438 become more employable, productive, and self-sufficient 439 citizens. 440 (2) The adult education program must provide academic 441 services to students in the following priority: 442 (c) Students who are earning credit required for a high 443 school diploma or who are preparing for the high school 444 equivalency examinationGeneral EducationalDevelopment test. 445 Section 22. Paragraph (d) of subsection (6) of section 446 1008.345, Florida Statutes, is amended to read: 447 1008.345 Implementation of state system of school 448 improvement and education accountability.— 449 (6) 450 (d) The commissioner shall assign a community assessment 451 team to each school district or governing board with a school 452 that earned a grade of “F” or three consecutive grades of “D” 453 pursuant to s. 1008.34 to review the school performance data and 454 determine causes for the low performance, including the role of 455 school, area, and district administrative personnel. The 456 community assessment team shall review a high school’s 457 graduation rate calculated without high school equivalency 458 diploma recipientsGED testsfor the past 3 years, disaggregated 459 by student ethnicity. The team shall make recommendations to the 460 school board or the governing board and to the State Board of 461 Education which address the causes of the school’s low 462 performance and may be incorporated into the school improvement 463 plan. The assessment team shall include, but not be limited to, 464 a department representative, parents, business representatives, 465 educators, representatives of local governments, and community 466 activists, and shall represent the demographics of the community 467 from which they are appointed. 468 Section 23. Paragraph (c) of subsection (3) of section 469 1009.21, Florida Statutes, is amended to read: 470 1009.21 Determination of resident status for tuition 471 purposes.—Students shall be classified as residents or 472 nonresidents for the purpose of assessing tuition in 473 postsecondary educational programs offered by charter technical 474 career centers or career centers operated by school districts, 475 in Florida College System institutions, and in state 476 universities. 477 (3) 478 (c) Each institution of higher education shall 479 affirmatively determine that an applicant who has been granted 480 admission to that institution as a Florida resident meets the 481 residency requirements of this section at the time of initial 482 enrollment. The residency determination must be documented by 483 the submission of written or electronic verification that 484 includes two or more of the documents identified in this 485 paragraph. No single piece of evidence shall be conclusive. 486 1. The documents must include at least one of the 487 following: 488 a. A Florida voter’s registration card. 489 b. A Florida driver’s license. 490 c. A State of Florida identification card. 491 d. A Florida vehicle registration. 492 e. Proof of a permanent home in Florida which is occupied 493 as a primary residence by the individual or by the individual’s 494 parent if the individual is a dependent child. 495 f. Proof of a homestead exemption in Florida. 496 g. Transcripts from a Florida high school for multiple 497 years if the Florida high school diploma or high school 498 equivalency diplomaGEDwas earned within the last 12 months. 499 h. Proof of permanent full-time employment in Florida for 500 at least 30 hours per week for a 12-month period. 501 2. The documents may include one or more of the following: 502 a. A declaration of domicile in Florida. 503 b. A Florida professional or occupational license. 504 c. Florida incorporation. 505 d. A document evidencing family ties in Florida. 506 e. Proof of membership in a Florida-based charitable or 507 professional organization. 508 f. Any other documentation that supports the student’s 509 request for resident status, including, but not limited to, 510 utility bills and proof of 12 consecutive months of payments; a 511 lease agreement and proof of 12 consecutive months of payments; 512 or an official state, federal, or court document evidencing 513 legal ties to Florida. 514 Reviser’s note.—Amended to conform to the directive of the 515 Legislature to the Division of Law Revision and Information 516 in s. 38, ch. 2013-51, Laws of Florida, to change the terms 517 “General Educational Development test” or “GED test” to 518 “high school equivalency examination” and the terms 519 “general education diploma,” “graduate equivalency 520 diploma,” or “GED” to “high school equivalency diploma” 521 wherever those terms appear in the Florida Statutes. 522 Section 24. This act shall take effect on the 60th day 523 after adjournment sine die of the session of the Legislature in 524 which enacted.