Bill Text: FL S0948 | 2015 | Regular Session | Comm Sub
Bill Title: Education
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S0948 Detail]
Download: Florida-2015-S0948-Comm_Sub.html
Florida Senate - 2015 CS for CS for SB 948
By the Committees on Appropriations; and Higher Education; and
Senator Gaetz
576-04520A-15 2015948c2
1 A bill to be entitled
2 An act relating to education; amending s. 282.0051,
3 F.S.; requiring the Agency for State Technology to
4 establish and publish information technology
5 architecture standards for purposes of implementing
6 digital classrooms by a specified date; requiring the
7 agency to collaborate with the Department of Education
8 and the Department of Management Services to identify
9 certain state term contract or other local procurement
10 options for services that support such standards and
11 to identify certain shared services available through
12 the State Data Center to facilitate the implementation
13 of school district digital classrooms plans; requiring
14 the agency’s annual assessment of the Department of
15 Education to review specified issues with respect to
16 school district digital classrooms plans and to
17 provide planning assistance to address and reduce
18 issues identified by the assessment; amending s.
19 282.00515, F.S.; conforming a cross-reference to
20 changes made by the act; creating s. 282.0052, F.S.;
21 establishing requirements for the agency or a
22 contracted organization with respect to the
23 establishment and assessment of digital classrooms
24 information technology architecture standards;
25 requiring the agency or contracted organization to
26 annually submit a report to the Governor and the
27 Legislature; prescribing report requirements;
28 requiring the agency to annually update the
29 Commissioner of Education on the status of technology
30 infrastructure; requiring the Department of Education
31 to annually update school districts regarding
32 compliance with information technology architecture
33 standards and provide planning guidance; requiring a
34 school district to take certain action in the event of
35 noncompliance with information technology architecture
36 standards; amending s. 402.56, F.S.; revising the
37 membership of the Children and Youth Cabinet; amending
38 s. 446.021, F.S.; revising terms; amending s. 446.032,
39 F.S.; conforming a provision to changes made by the
40 act; requiring the Department of Education, in
41 collaboration with the Department of Economic
42 Opportunity, to identify, develop, and register
43 specified apprenticeship programs; requiring the
44 department to annually submit an accountability report
45 with specified requirements to the Governor, the
46 Legislature, and the Higher Education Coordinating
47 Council; requiring the department to post on its
48 Internet website specified information regarding
49 apprenticeship programs; amending s. 446.045, F.S.;
50 clarifying State Apprenticeship Advisory Council
51 membership; amending s. 446.052, F.S.; requiring the
52 Department of Education, in collaboration with the
53 Department of Economic Opportunity, to identify,
54 develop, and register specified preapprenticeship
55 programs; requiring the department to annually submit
56 an accountability report with specified requirements
57 to the Governor, the Legislature, and the Higher
58 Education Coordinating Council; requiring the
59 department to post on its Internet website specified
60 information regarding preapprenticeship programs;
61 requiring the Department of Education, in
62 collaboration with the Department of Economic
63 Opportunity and CareerSource Florida, Inc., to submit
64 an operational report to the Governor, the
65 Legislature, and the Higher Education Coordinating
66 Council with specified information; providing for
67 expiration; amending s. 446.081, F.S.; clarifying the
68 limitations of certain provisions; amending s.
69 446.091, F.S.; conforming a provision to a change made
70 by the act; amending s. 446.092, F.S.; revising
71 characteristics of an apprenticeable occupation;
72 amending s. 1000.03, F.S.; revising the mission of the
73 Florida K-20 education system; amending s. 1001.02,
74 F.S.; revising the duties of the State Board of
75 Education with respect to the supervision of the
76 divisions of the Department of Education; amending s.
77 1001.03, F.S.; revising requirements for the state
78 board’s articulation accountability measures;
79 authorizing the state board to take certain action in
80 the event of noncompliance of a district school board
81 or a Florida Community College System institution
82 board of trustees; defining the term “college”;
83 specifying authorized and prohibited uses of the term;
84 conforming provisions to changes made by the act;
85 amending s. 1001.20, F.S.; requiring the Office of
86 Technology and Information Services of the Department
87 of Education to consult with the Agency for State
88 Technology in developing the 5-year strategic plan for
89 Florida digital classrooms; removing an obsolete date;
90 revising requirements for the 5-year strategic plan;
91 expanding the list of responsibilities of the Office
92 of Technology and Information Services; amending s.
93 1001.42, F.S.; prohibiting a technical center
94 governing board from approving specified courses and
95 programs; amending s. 1001.43, F.S.; authorizing
96 district school boards to adopt a standard student
97 attire policy; establishing criteria for and the
98 purpose of the policy; providing immunity from civil
99 liability for district school boards that implement a
100 standard student attire policy under certain
101 conditions; amending s. 1001.44, F.S.; prescribing the
102 mission and responsibilities of a career center
103 operated by a district school board; specifying
104 certain restrictions applicable to a career center;
105 amending s. 1001.60, F.S.; redesignating the “Florida
106 College System” as the “Florida Community College
107 System”; amending s. 1001.705, F.S.; prescribing the
108 mission and responsibilities of the State University
109 System; amending s. 1001.7065, F.S.; revising a
110 requirement that a specified state research university
111 establish an institute for online learning; conforming
112 provisions to changes made by the act; creating ss.
113 1001.815 and 1001.92, F.S.; requiring the Board of
114 Governors and the State Board of Education to base
115 state performance funds for the State University
116 System and the Florida College System, respectively,
117 on specified metrics adopted by each board; specifying
118 allocation of the funds; requiring certain funds to be
119 withheld from an institution based on specified
120 performance; requiring the boards to submit reports by
121 a specified time to the Governor and the Legislature;
122 requiring the boards to adopt rules; amending s.
123 1002.20, F.S.; conforming cross-references; revising
124 provisions related to participation in extracurricular
125 activities; conforming provisions to changes made by
126 the act; amending s. 1002.33, F.S.; conforming cross
127 references; amending s. 1002.34, F.S.; prescribing the
128 mission and responsibilities of a charter technical
129 career center; specifying certain restrictions
130 applicable to a charter technical career center;
131 amending s. 1003.42, F.S.; requiring that
132 instructional staff of public schools provide
133 instruction to students about the terrorist attacks
134 occurring on September 11, 2001, and the impact of
135 those events; providing a short title; amending s.
136 1004.015, F.S.; revising the composition of the Higher
137 Education Coordinating Council; creating s. 1004.084,
138 F.S.; requiring the Board of Governors and the State
139 Board of Education to identify strategies and
140 initiatives to reduce the cost of higher education;
141 requiring the Board of Governors and the state board
142 to annually submit a report to the Governor and the
143 Legislature; amending s. 1004.085, F.S.; defining the
144 term “instructional materials”; revising policies and
145 procedures relating to textbooks; requiring a public
146 postsecondary institution to post information relating
147 to required and recommended textbooks and
148 instructional materials and prices in its course
149 registration system and on its website; requiring the
150 state board and the Board of Governors to adopt
151 textbook and instructional materials affordability
152 policies, procedures, and guidelines; providing
153 requirements for the use of adopted undergraduate
154 textbooks and instructional materials; requiring
155 annual reporting of textbook and instructional
156 materials cost information and affordability policies
157 and procedures to the Chancellor of the Florida
158 College System or the Chancellor of the State
159 University System; requiring electronic copies of the
160 affordability policies and procedures be sent annually
161 to the state board or the Board of Governors; amending
162 s. 1004.65, F.S.; providing that Florida Community
163 College System institutions may offer upper level
164 instruction and award baccalaureate degrees, as
165 authorized; conforming provisions to changes made by
166 the act; amending s. 1004.92, F.S.; requiring the
167 State Board of Education to adopt rules relating to
168 accountability for career education; amending s.
169 1006.15, F.S.; establishing guiding principles for
170 extracurricular activities; defining terms; revising
171 academic eligibility requirements; specifying grounds
172 for student ineligibility for participation in
173 interscholastic extracurricular activities; specifying
174 conditions under which students who are enrolled in
175 public schools, certain private schools, or home
176 education programs may participate in the
177 extracurricular activities of a public school;
178 deleting obsolete provisions; amending s. 1006.16,
179 F.S.; revising insurance requirements to include
180 students who participate in nonathletic
181 extracurricular activities; requiring that insurance
182 coverage provided by district school boards for
183 participants in extracurricular activities include
184 certain students; amending s. 1006.19, F.S.; providing
185 a period within which an audit of a nonprofit
186 association’s records must be provided to the Auditor
187 General; requiring the Auditor General to conduct
188 operational audits of the nonprofit association’s
189 accounts and records; amending s. 1006.20, F.S.;
190 providing for review of the Florida High School
191 Athletic Association (FHSAA) performance of duties;
192 providing requirements regarding fees and admission
193 prices; revising requirements for FHSAA membership and
194 providing membership alternatives; revising provisions
195 regarding student eligibility and transfer; providing
196 procedures for resolving student eligibility disputes;
197 revising the governing structure of the FHSAA;
198 deleting provisions relating to the FHSAA’s board of
199 directors, representative assembly, public liaison
200 advisory committee, and appeals committees; deleting
201 requirements with respect to amendments to the FHSAA’s
202 bylaws; amending s. 1006.735, F.S.; establishing the
203 Rapid Response Education and Training Program within
204 the Complete Florida Plus Program; requiring the
205 Complete Florida Plus Program to work with Enterprise
206 Florida, Inc., to offer credible education and
207 training commitments to businesses; specifying the
208 duties of the Rapid Response Education and Training
209 Program; requiring reports to the Legislature;
210 requiring the Division of Career and Adult Education
211 within the Department of Education to conduct an
212 analysis and assessment of the effectiveness of the
213 education and training programs; amending s. 1007.01,
214 F.S.; revising required components for articulation
215 policies established and adopted by the state board
216 and the Board of Governors; amending s. 1007.23, F.S.;
217 revising requirements for the statewide articulation
218 agreement; amending s. 1007.271, F.S.; exempting dual
219 enrollment students from paying technology fees;
220 requiring a home education secondary student to be
221 responsible for his or her own instructional materials
222 and transportation in order to participate in the dual
223 enrollment program unless the articulation agreement
224 provides otherwise; requiring a postsecondary
225 institution that is eligible to participate in the
226 dual enrollment program to enter into a home education
227 articulation agreement; requiring the postsecondary
228 institution to annually complete and submit the
229 agreement to the Department of Education by a
230 specified date; conforming provisions to changes made
231 by the act; authorizing certain instructional
232 materials to be made available free of charge to dual
233 enrollment students in home education programs and
234 private schools if provided for in the articulation
235 agreement; requiring the department to review dual
236 enrollment articulation agreements submitted for
237 certain students, including home education students
238 and private school students, to participate in a dual
239 enrollment program; requiring the Commissioner of
240 Education to notify the district school superintendent
241 and the president of the postsecondary institution if
242 the dual enrollment articulation agreement does not
243 comply with statutory requirements; requiring a
244 district school board and a Florida College System
245 institution to annually complete and submit to the
246 department by a specified date a dual enrollment
247 articulation agreement with a state university and an
248 eligible independent college or university, as
249 applicable; providing requirements for a private
250 school student to participate in a dual enrollment
251 program; requiring a postsecondary institution
252 eligible to participate in the dual enrollment program
253 to enter into an articulation agreement with each
254 private school student seeking enrollment in a dual
255 enrollment course and his or her parent; requiring the
256 postsecondary institution to annually complete and
257 submit the articulation agreement to the department by
258 a specified date; providing requirements for the
259 articulation agreement; amending s. 1007.273, F.S.;
260 revising requirements for a contract between a
261 district school board and a Florida Community College
262 System institution for the administration of
263 collegiate high school programs; requiring school
264 districts and Florida Community College System
265 institutions to annually report specified information
266 regarding collegiate high school programs to the
267 Department of Education; amending s. 1007.33, F.S.;
268 revising provisions regarding baccalaureate degree
269 programs that may be offered by a Florida Community
270 College System institution; prohibiting a Florida
271 Community College System institution from offering a
272 Bachelor of Arts degree program; removing obsolete
273 language; revising provisions regarding the approval
274 process for baccalaureate degree programs; restricting
275 total upper-level, undergraduate full-time equivalent
276 enrollment at a Florida Community College System
277 institution; amending s. 1008.38, F.S.; revising
278 minimum requirements for an articulation
279 accountability process; amending s. 1009.22, F.S.;
280 revising the amount by which tuition may vary for the
281 combined total of the standard tuition and out-of
282 state fees; amending s. 1009.23, F.S.; prohibiting
283 resident tuition at a Florida College System
284 institution from exceeding a specified amount per
285 credit hour; revising the amount by which tuition may
286 vary for the combined total of the standard tuition
287 and out-of-state fees; requiring a Florida College
288 System institution to publicly notice meetings at
289 which votes on proposed tuition or fee increases are
290 scheduled; amending s. 1009.24, F.S.; prohibiting
291 resident undergraduate tuition at a state university
292 from exceeding a specified amount per credit hour;
293 removing authority for a designee of the Board of
294 Governors to establish graduate and professional
295 tuition and out-of-state fees; prohibiting graduate
296 and professional program tuition from exceeding a
297 specified amount; requiring a state university to
298 publicly notice meetings at which votes on proposed
299 tuition or fee increases are scheduled; amending ss.
300 1009.534, 1009.535, and 1009.536, F.S.; requiring a
301 student, as a prerequisite for the Florida Academic
302 Scholars award, the Florida Medallion Scholars award,
303 or the Florida Gold Seal Vocational Scholars award, to
304 identify a social or civic issue or a professional
305 area of interest and develop a plan for his or her
306 personal involvement in addressing the issue or
307 learning about the area; prohibiting the student from
308 receiving remuneration or academic credit for the
309 volunteer service work performed except in certain
310 circumstances; requiring the hours of volunteer
311 service work to be documented in writing and signed by
312 the student, the student’s parent or guardian, and a
313 representative of the organization for which the
314 student performed the volunteer service work; amending
315 s. 1009.893, F.S., changing the name of the “Florida
316 National Merit Scholar Incentive Program” to the
317 “Benacquisto Scholarship Program”; providing that a
318 student who receives the scholarship award under the
319 program be referred to as a Benacquisto Scholar;
320 encouraging all eligible Florida public or independent
321 postsecondary educational institutions, and requiring
322 all eligible state universities, to become a college
323 sponsor of the program; conforming provisions to
324 changes made by the act; amending s. 1011.62, F.S.;
325 requiring supplemental academic instruction
326 categorical funds and research-based reading
327 instruction allocation funds to be used by a school
328 district that has one or more of the lowest-performing
329 elementary schools for additional intensive reading
330 instruction at such school during the summer program
331 in addition to instruction during the school year;
332 providing that the school must comply with additional
333 instruction requirements the following year for
334 certain students; requiring the Department of
335 Education to provide a list of specified elementary
336 schools by a specified date; encouraging schools
337 districts to provide a summer program with a focus on
338 reading for specified students; revising the formula
339 for calculating the value of full-time equivalent
340 student membership for students who earn CAPE industry
341 certifications through dual enrollment; increasing the
342 bonus awarded to teachers who provided instruction in
343 courses that led to certain CAPE industry
344 certifications; specifying a maximum bonus amount per
345 teacher per school year; revising the calculation used
346 to determine the discretionary millage compression
347 supplement; revising the formula for computing the
348 district sparsity index for districts with a specified
349 full-time equivalent student membership; deleting
350 obsolete language; revising the calculation of the
351 virtual education contribution; revising the date by
352 which district school boards must annually submit a
353 digital classrooms plan to the Department of
354 Education; requiring the department to contract with
355 an independent auditing entity in the event of
356 noncompliance with minimum protocols and requirements
357 in the administration of online assessments; requiring
358 a charter school to submit the school’s digital
359 classrooms plan to the applicable school district;
360 requiring that the plan be submitted in a specified
361 format; specifying conditions for a school district to
362 maintain eligibility for Florida digital classrooms
363 allocation funds; requiring the Commissioner of
364 Education to implement an online portal for electronic
365 submission of digital classrooms plans by a specified
366 date; requiring a charter school to annually report to
367 the department regarding the use of specified funds;
368 revising requirements for the commissioner’s annual
369 report to the Governor and the Legislature regarding
370 the digital classrooms plan; creating a federally
371 connected student supplement for school districts;
372 specifying eligibility requirements and calculations
373 for the supplement; providing for the withholding of a
374 district’s safe schools funding for failure to comply
375 with certain reporting requirements with respect to
376 school safety and student discipline; conforming
377 provisions to changes made by the act; amending s.
378 1011.71, F.S.; conforming a cross-reference;
379 authorizing enterprise resource software to be
380 acquired by certain fees and agreements; creating s.
381 1011.802, F.S.; creating the Florida Apprenticeship
382 Grant Program within the Department of Education to
383 provide grants to specific centers and institutions
384 for the creation of new apprenticeship programs or the
385 expansion of existing apprenticeship programs;
386 providing funding for the program; providing
387 requirements related to applications, program
388 priority, use of grant funds, and quarterly reports;
389 amending s. 1012.34, F.S.; requiring that classroom
390 teacher performance evaluations be based upon the
391 performance of students with fewer than a specified
392 number of absences; amending s. 1012.39, F.S.;
393 providing requirements regarding liability insurance
394 for students participating in a clinical field
395 experience; amending s. 1012.71, F.S.; requiring a
396 classroom teacher to provide the school district with
397 receipts for the expenditure of certain funds;
398 requiring a classroom teacher to return funds for
399 which there are undocumented expenditures to the
400 district school board; requiring such funds to be
401 deposited into the school advisory council account;
402 creating s. 1012.731, F.S.; providing legislative
403 intent; establishing the Florida Best and Brightest
404 Teacher Scholarship Program; providing eligibility
405 criteria; requiring a school district to annually
406 submit the number of eligible teachers to the
407 department; providing for funding and the disbursement
408 of funds; defining the term “school district” for
409 purposes of the act; amending s. 1012.75, F.S.;
410 requiring the department to administer an educator
411 liability insurance program; defining terms;
412 specifying program administration and eligibility
413 requirements; creating s. 1013.385, F.S.; providing
414 for school district construction flexibility;
415 authorizing exceptions to educational facilities
416 construction requirements under certain circumstances;
417 amending s. 1013.40, F.S.; increasing the number of
418 beds that may be in a dormitory constructed by certain
419 Florida College System institutions; amending s.
420 1013.74, F.S.; authorizing a university board of
421 trustees to expend specified reserve or carry forward
422 balances for academic instructional space or critical
423 deferred maintenance needs; requiring the state board
424 and the Board of Governors to submit a report to the
425 Governor and the Legislature by a specified date;
426 prescribing report requirements; providing a directive
427 to the Division of Law Revision and Information;
428 providing an effective date.
429
430 Be It Enacted by the Legislature of the State of Florida:
431
432 Section 1. Subsections (2), (7), and (10) of section
433 282.0051, Florida Statutes, are amended to read:
434 282.0051 Agency for State Technology; powers, duties, and
435 functions.—The Agency for State Technology shall have the
436 following powers, duties, and functions:
437 (2) Establish and publish information technology
438 architecture standards that:
439 (a) to Provide for the most efficient use of the state’s
440 information technology resources and that to ensure
441 compatibility and alignment with the needs of state agencies.
442 The agency shall assist state agencies in complying with the
443 standards.
444 (b) Address for purposes of implementing digital classrooms
445 under s. 1011.62(12) issues that include, but are not limited
446 to, device recommendations, security requirements, connectivity
447 requirements, and browser expectations. Such standards must be
448 published by December 1, 2015.
449 (7)(a) Participate with the Department of Management
450 Services in evaluating, conducting, and negotiating competitive
451 solicitations for state term contracts for information
452 technology commodities, consultant services, or staff
453 augmentation contractual services pursuant to s. 287.0591.
454 (b) Collaborate with the Department of Management Services
455 in information technology resource acquisition planning.
456 (c) Collaborate with the Department of Education and the
457 Department of Management Services to identify:
458 1. State term contract or other local procurement options
459 that are available to school districts which provide information
460 technology commodities, consultant services, or staff
461 augmentation contractual services that support the information
462 technology architecture standards applicable to digital
463 classrooms.
464 2. Shared services available to school districts through
465 the State Data Center to facilitate the implementation of school
466 district digital classrooms plans.
467 (10)(a) Beginning July 1, 2016, and annually thereafter,
468 conduct annual assessments of state agencies to determine
469 compliance with all information technology standards and
470 guidelines developed and published by the agency, and beginning
471 December 1, 2016, and annually thereafter, provide results of
472 the assessments to the Executive Office of the Governor, the
473 President of the Senate, and the Speaker of the House of
474 Representatives.
475 (b) Include in the annual assessment of the Department of
476 Education under paragraph (a), the status of statewide
477 implementation of digital classrooms and each school district’s
478 status of compliance with the information technology
479 architecture standards identified under paragraph (2)(b),
480 planning guidance to address identified gaps, and
481 recommendations for improving cost efficiencies pursuant to s.
482 282.0052.
483 Section 2. Section 282.00515, Florida Statutes, is amended
484 to read:
485 282.00515 Duties of Cabinet agencies.—The Department of
486 Legal Affairs, the Department of Financial Services, and the
487 Department of Agriculture and Consumer Services shall adopt the
488 standards established in s. 282.0051(2)(a) s. 282.0051(2), (3),
489 and (8) or adopt alternative standards based on best practices
490 and industry standards, and may contract with the Agency for
491 State Technology to provide or perform any of the services and
492 functions described in s. 282.0051 for the Department of Legal
493 Affairs, the Department of Financial Services, or the Department
494 of Agriculture and Consumer Services.
495 Section 3. Section 282.0052, Florida Statutes, is created
496 to read:
497 282.0052 Digital classrooms information technology
498 architecture standards.—
499 (1) Beginning July 1, 2015, the Agency for State
500 Technology, or an independent third-party professional
501 organization that the agency contracts with, shall:
502 (a) Consult with the Department of Education to identify
503 information technology architecture standards pursuant to s.
504 282.0051 for the successful implementation of digital
505 classrooms, pursuant to s. 1011.62(12), in public schools within
506 the state beginning in the 2016-2017 school year. Such standards
507 must include, but are not limited to, device recommendations,
508 security requirements, connectivity requirements, and browser
509 expectations.
510 (b) Perform an annual assessment of the state 5-year
511 strategic plan developed pursuant to s. 1001.20 and school
512 district digital classrooms plan adopted pursuant to s.
513 1011.62(12) to determine the digital readiness of school
514 districts and their compliance with the information technology
515 architecture standards identified under paragraph (a). The
516 digital readiness of school districts must be assessed using the
517 digital readiness scorecard established under s. 1001.20(4)(a).
518 (c) Provide prospective planning guidance and technical
519 assistance to the Department of Education, school districts, and
520 public schools regarding identified gaps in technology
521 infrastructure and recommended improvements to meet the
522 information technology architecture standards identified under
523 paragraph (a).
524 (d) Summarize and report, by May 1, 2016, for the 2015-2016
525 school year, and by December 1 for each school year thereafter,
526 to the Governor, the President of the Senate, and the Speaker of
527 the House of Representatives:
528 1. The status of technology infrastructure of school
529 districts and public schools within the state.
530 2. Recommendations for improving cost efficiencies and
531 maximizing investments in technology by the state and school
532 districts to establish digital classrooms.
533 (2) For the 2015-2016 school year, the Agency for State
534 Technology must provide the status of technology infrastructure
535 information regarding implementation of digital classrooms
536 statewide and by each school district to the Commissioner of
537 Education by April 1, 2016. For each school year thereafter, the
538 status of technology infrastructure information must be provided
539 to the commissioner by November 1 of each year.
540 (3) For the 2015-2016 school year, the Department of
541 Education must provide to each school district the status of the
542 statewide implementation of digital classrooms and the school
543 district’s status regarding compliance with the information
544 technology architecture standards identified under paragraph
545 (1)(a) by June 1, 2016. For each school year thereafter, the
546 Department of Education must notify a school district regarding
547 compliance with the information technology architecture
548 standards by January 1 of each year. In addition, the Department
549 of Education must provide planning guidance to address
550 identified gaps and recommendations for improving cost
551 efficiencies in accordance with subsection (1) to each school
552 district. If the annual assessment indicates that a school
553 district is not in compliance with the information technology
554 architecture standards identified under paragraph (1)(a), the
555 school district must, within 60 days from the date of receipt of
556 such notification from the Department of Education become
557 compliant; obtain an exemption to waive compliance from the
558 Department of Education; or procure services through the agency
559 or the Department of Management Services to achieve compliance.
560 Section 4. Paragraph (a) of subsection (4) of section
561 402.56, Florida Statutes, is amended to read:
562 402.56 Children’s cabinet; organization; responsibilities;
563 annual report.—
564 (4) MEMBERS.—The cabinet shall consist of 16 14 members
565 including the Governor and the following persons:
566 (a)1. The Secretary of Children and Families;
567 2. The Secretary of Juvenile Justice;
568 3. The director of the Agency for Persons with
569 Disabilities;
570 4. The director of the Office of Early Learning;
571 5. The State Surgeon General;
572 6. The Secretary of Health Care Administration;
573 7. The Commissioner of Education;
574 8. The director of the Statewide Guardian Ad Litem Office;
575 9. The director of the Office of Adoption and Child
576 Protection Child Abuse Prevention; and
577 10. A superintendent of schools, appointed by the Governor;
578 and
579 11.10. Five members who represent representing children and
580 youth advocacy organizations and, who are not service providers,
581 and who are appointed by the Governor.
582 Section 5. Subsections (2), (4), (5), (6), and (9) of
583 section 446.021, Florida Statutes, are amended to read:
584 446.021 Definitions of terms used in ss. 446.011-446.092.
585 As used in ss. 446.011-446.092, the term:
586 (2) “Apprentice” means a person at least 16 years of age
587 who is engaged in learning a recognized skilled trade through
588 actual work experience under the supervision of journeyworker
589 journeymen craftsmen, which training should be combined with
590 properly coordinated studies of related technical and
591 supplementary subjects, and who has entered into a written
592 agreement, which may be cited as an apprentice agreement, with a
593 registered apprenticeship sponsor who may be either an employer,
594 an association of employers, or a local joint apprenticeship
595 committee.
596 (4) “Journeyworker” “Journeyman” means a worker who has
597 attained certain skills, abilities, and competencies and who is
598 recognized within an industry as having mastered the skills and
599 competencies required for the occupation, including, but not
600 limited to, attainment of a nationally recognized industry
601 certification. The term includes a mentor, technician,
602 specialist, or other skilled worker who has documented
603 sufficient skills and knowledge of an occupation, through formal
604 apprenticeship, attainment of a nationally recognized industry
605 certification, or through practical, on-the-job experience or
606 formal training a person working in an apprenticeable occupation
607 who has successfully completed a registered apprenticeship
608 program or who has worked the number of years required by
609 established industry practices for the particular trade or
610 occupation.
611 (5) “Preapprenticeship program” means an organized course
612 of instruction, including, but not limited to, industry
613 certifications identified under s. 1008.44, in the public school
614 system or elsewhere, which course is designed to prepare a
615 person 16 years of age or older to become an apprentice and
616 which course is approved by and registered with the department
617 and sponsored by a registered apprenticeship program.
618 (6) “Apprenticeship program” means an organized course of
619 instruction, including, but not limited to, industry
620 certifications identified under s. 1008.44, registered and
621 approved by the department, which course shall contain all terms
622 and conditions for the qualifications, recruitment, selection,
623 employment, and training of apprentices including such matters
624 as the requirements for a written apprenticeship agreement.
625 (9) “Related instruction” means an organized and systematic
626 form of instruction designed to provide the apprentice with
627 knowledge of the theoretical and technical subjects related to a
628 specific trade or occupation. Such instruction may be given in a
629 classroom, through occupational or industrial courses, or by
630 correspondence courses of equivalent value, including electronic
631 media or other forms of self-study instruction approved by the
632 department.
633 Section 6. Section 446.032, Florida Statutes, is amended to
634 read:
635 446.032 General duties of the department for apprenticeship
636 training.—The department shall:
637 (1) Establish uniform minimum standards and policies
638 governing apprentice programs and agreements. The standards and
639 policies shall govern the terms and conditions of the
640 apprentice’s employment and training, including the quality
641 training of the apprentice for, but not limited to, such matters
642 as ratios of apprentices to journeyworkers journeymen, safety,
643 related instruction, and on-the-job training; but these
644 standards and policies may not include rules, standards, or
645 guidelines that require the use of apprentices and job trainees
646 on state, county, or municipal contracts. The department may
647 adopt rules necessary to administer the standards and policies.
648 (2) Establish procedures to be used by the State
649 Apprenticeship Advisory Council.
650 (3) Collaborate with the Department of Economic Opportunity
651 to identify, develop, and register apprenticeship programs that
652 are aligned with statewide demand for a skilled labor force in
653 high-demand occupations and with regional workforce needs.
654 Beginning in the 2015-2016 fiscal year, the department shall
655 annually, by December 31, submit an accountability report, which
656 must include information related to program usage, student
657 demographics and performance outcomes, and program requirements
658 for the existing apprenticeship and preapprenticeship programs
659 and the development of new programs. The report must include
660 regional information about program and student performance
661 outcomes. The report must be submitted to the Governor, the
662 President of the Senate, the Speaker of the House of
663 Representatives, and the Higher Education Coordinating Council.
664 (4) Post on its Internet website information regarding
665 apprenticeship programs, which must, at a minimum, include:
666 (a) Program admission requirements;
667 (b) Program standards and training requirements; and
668 (c) A summary of program and student performance outcomes.
669 Section 7. Paragraph (b) of subsection (2) of section
670 446.045, Florida Statutes, is amended to read:
671 446.045 State Apprenticeship Advisory Council.—
672 (2)
673 (b) The Commissioner of Education or the commissioner’s
674 designee shall serve ex officio as chair of the State
675 Apprenticeship Advisory Council, but may not vote. The state
676 director of the Office of Apprenticeship of the United States
677 Department of Labor shall serve ex officio as a nonvoting member
678 of the council. The Governor shall appoint to the council four
679 members representing employee organizations and four members
680 representing employer organizations. Each of these eight members
681 shall represent industries that have registered apprenticeship
682 programs. The Governor shall also appoint two public members who
683 are knowledgeable about registered apprenticeship and
684 apprenticeable occupations, who are independent of any joint or
685 nonjoint organization one of whom shall be recommended by joint
686 organizations, and one of whom shall be recommended by nonjoint
687 organizations. Members shall be appointed for 4-year staggered
688 terms. A vacancy shall be filled for the remainder of the
689 unexpired term.
690 Section 8. Subsections (5) and (6) are added to section
691 446.052, Florida Statutes, to read:
692 446.052 Preapprenticeship program.—
693 (5) The department shall collaborate with the Department of
694 Economic Opportunity to identify, develop, and register
695 preapprenticeship programs that are aligned with statewide
696 demand for a skilled labor force in high-demand occupations and
697 with regional workforce needs. Beginning in the 2015-2016 fiscal
698 year, the department shall annually, by December 31, submit an
699 accountability report, which must include information related to
700 program usage, student demographics and performance outcomes,
701 and program requirements for the existing apprenticeship and
702 preapprenticeship programs and the development of new programs.
703 The report must include regional information about program and
704 student performance outcomes. The report must be submitted to
705 the Governor, the President of the Senate, the Speaker of the
706 House of Representatives, and the Higher Education Coordinating
707 Council.
708 (6) The department shall post on its Internet website
709 information regarding preapprenticeship programs, which must, at
710 a minimum, include:
711 (a) Program admission requirements;
712 (b) Program standards and training requirements; and
713 (c) A summary of program and student performance outcomes.
714 Section 9. Preapprenticeship and apprenticeship operational
715 report.—(1) By December 31, 2015, the Department of Education,
716 in collaboration with the Department of Economic Opportunity and
717 CareerSource Florida, Inc., shall submit an operational report
718 to the Governor, the President of the Senate, the Speaker of the
719 House of Representatives, and the Higher Education Coordinating
720 Council providing:
721 (a) A summary of the activities and coordination between
722 the two agencies to identify, develop, register, and administer
723 preapprenticeship and apprenticeship programs over the last 5
724 years.
725 (b) The strategies employed by the two agencies to engage
726 school districts, Florida College System institutions, technical
727 centers, businesses, and other stakeholders as partners in the
728 workforce system to expand employment opportunities for
729 individuals, including, but not limited to, those individuals
730 with unique abilities, which must include work-based learning
731 experiences, such as preapprenticeships and apprenticeships.
732 (c) Recommendations to maximize the resources of the two
733 agencies to gain efficiency in program development,
734 administration, and funding and make program governance changes
735 to improve the delivery and management of preapprenticeship and
736 apprenticeship programs based on workforce demands. These
737 recommendations must take into account federal resources and
738 must include any necessary or suggested changes to the programs
739 ensuing from implementation of the Workforce Innovation and
740 Opportunity Act of 2014 and related regulations.
741 (d) Recommendations and strategies for the two agencies to
742 communicate effectively with employers in this state and ensure
743 that employers have access to information and consultative
744 services, at no cost to the employers, regarding sponsorship of
745 demand-driven, registered preapprenticeship and apprenticeship
746 programs and information about the availability of program
747 students for employment.
748 (e) An evaluation of the feasibility of linking or
749 incorporating, and of the resources necessary to link or
750 incorporate, the Department of Education’s website information
751 on preapprenticeship and apprenticeship programs with the
752 Department of Economic Opportunity and CareerSource Florida,
753 Inc., workforce information system required under chapter 445,
754 Florida Statutes.
755 (2) This section expires on July 1, 2016.
756 Section 10. Subsection (4) is added to section 446.081,
757 Florida Statutes, to read:
758 446.081 Limitation.—
759 (4) Nothing in ss. 446.011-446.092 or the implementing
760 rules in these sections shall operate to invalidate any special
761 provision for veterans, minority persons, or women in the
762 standards, qualifications, or operation of the apprenticeship
763 program or in the apprenticeship agreement which is not
764 otherwise prohibited by law, executive order, or authorized
765 regulation.
766 Section 11. Section 446.091, Florida Statutes, is amended
767 to read:
768 446.091 On-the-job training program.—All provisions of ss.
769 446.011-446.092 relating to apprenticeship and
770 preapprenticeship, including, but not limited to, programs,
771 agreements, standards, administration, procedures, definitions,
772 expenditures, local committees, powers and duties, limitations,
773 grievances, and ratios of apprentices and job trainees to
774 journeyworkers journeymen on state, county, and municipal
775 contracts, shall be appropriately adapted and made applicable to
776 a program of on-the-job training authorized under those
777 provisions for persons other than apprentices.
778 Section 12. Section 446.092, Florida Statutes, is amended
779 to read:
780 446.092 Criteria for apprenticeship occupations.—An
781 apprenticeable occupation is a skilled trade which possesses all
782 of the following characteristics:
783 (1) It is customarily learned in a practical way through a
784 structured, systematic program of on-the-job, supervised
785 training.
786 (2) It is clearly identified and commonly recognized
787 throughout an the industry, and may be associated with a
788 nationally recognized industry certification or recognized with
789 a positive view towards changing technology.
790 (3) It involves manual, mechanical, or technical skills and
791 knowledge which, in accordance with the industry standard for
792 the occupation, require a minimum of 2,000 hours of on-the-job
793 work and training, which hours are excluded from the time spent
794 at related instruction.
795 (4) It requires related instruction to supplement on-the
796 job training. Such instruction may be given in a classroom,
797 through occupational or industrial courses, or through
798 correspondence courses of equivalent value, including electronic
799 media or other forms of self-study instruction approved by the
800 department.
801 (5) It involves the development of skill sufficiently broad
802 to be applicable in like occupations throughout an industry,
803 rather than of restricted application to the products or
804 services of any one company.
805 (6) It does not fall into any of the following categories:
806 (a) Selling, retailing, or similar occupations in the
807 distributive field.
808 (b) Managerial occupations.
809 (c) Professional and scientific vocations for which
810 entrance requirements customarily require an academic degree.
811 Section 13. Subsection (4) of section 1000.03, Florida
812 Statutes, is amended to read:
813 1000.03 Function, mission, and goals of the Florida K-20
814 education system.—
815 (4) The mission of Florida’s K-20 education system is to
816 allow its students to increase their proficiency by allowing
817 them the opportunity to expand their knowledge and skills
818 through rigorous and relevant learning opportunities, in
819 accordance with the mission of the applicable center or system
820 statement and accountability requirements of s. 1008.31, and
821 avoid wasteful duplication of programs offered by state
822 universities; Florida Community College System institutions; and
823 career centers and charter technical career centers that are
824 operated by district school boards.
825 Section 14. Paragraph (c) of subsection (2) of section
826 1001.02, Florida Statutes, is amended to read:
827 1001.02 General powers of State Board of Education.—
828 (2) The State Board of Education has the following duties:
829 (c) To exercise general supervision over the divisions of
830 the Department of Education as necessary to ensure that programs
831 offered by Florida Community College System institutions, and
832 career centers and charter technical career centers that are
833 operated by district school boards, are consistent with the
834 mission of the applicable system or center to avoid wasteful
835 duplication of programs; to ensure coordination of educational
836 plans and programs and resolve controversies and to minimize
837 problems of articulation and student transfers;, to ensure that
838 students moving from one level of education to the next have
839 acquired competencies necessary for satisfactory performance at
840 that level;, and to ensure maximum utilization of facilities.
841 Section 15. Subsections (7), (8), (12), and (15) of section
842 1001.03, Florida Statutes, are amended to read:
843 1001.03 Specific powers of State Board of Education.—
844 (7) ARTICULATION ACCOUNTABILITY.—The State Board of
845 Education shall develop articulation accountability measures
846 that assess the status of systemwide articulation processes and
847 preserve Florida’s “2+2” system of articulation, in conjunction
848 with the Board of Governors regarding the State University
849 System, and shall establish an articulation accountability
850 process in accordance with the provisions of chapter 1008, in
851 conjunction with the Board of Governors regarding the State
852 University System.
853 (8) SYSTEMWIDE ENFORCEMENT.—
854 (a) The State Board of Education shall enforce compliance
855 with law and state board rule by all school districts and public
856 postsecondary educational institutions, except for the State
857 University System, in accordance with this subsection and the
858 provisions of s. 1008.32.
859 (b) If the State Board of Education determines that a
860 district school board or Florida Community College System
861 institution board of trustees is unwilling or unable to comply
862 with law or state board rule within the specified time, the
863 state board is authorized to initiate any of the following
864 actions:
865 1. Report to the Legislature that the school district or
866 Florida Community College System institution is unwilling or
867 unable to comply with law or state board rule and recommend
868 action to be taken by the Legislature.
869 2. Withhold the transfer of state funds, discretionary
870 grant funds, discretionary lottery funds, or any other funds
871 specified as eligible for this purpose by the Legislature until
872 the school district or Florida Community College System
873 institution complies with the law or state board rule.
874 3. Declare the school district or Florida Community College
875 System institution ineligible for competitive grants.
876 4. Require monthly or periodic reporting on the situation
877 related to noncompliance until it is remedied.
878 (12) COMMON POSTSECONDARY DEFINITIONS.—
879 (a) The term “college” means any Florida Community College
880 System institution offering a substantially complete program
881 that confers at least an associate degree requiring at least 15
882 semester hours or the equivalent of general education, or that
883 furnishes or offers to furnish instruction leading toward, or
884 prerequisite to, college credit. The use of the designation
885 “college” in combination with any series of letters, numbers, or
886 words is restricted in this state to Florida Community College
887 System institutions and colleges as defined in s. 1005.03. An
888 entity may not use the designation “college” in its name
889 pursuant to s. 1005.03 without prior approval by the Legislature
890 or the Commission for Independent Education, as applicable.
891 (b) The State Board of Education shall adopt, by rule,
892 common definitions for associate in science degrees and for
893 certificates.
894 (15) FLORIDA COMMUNITY COLLEGE SYSTEM INSTITUTION
895 BACCALAUREATE DEGREE PROGRAMS.—The State Board of Education
896 shall provide for the review and approval of proposals by
897 Florida Community College System institutions to offer
898 baccalaureate degree programs pursuant to s. 1007.33. A Florida
899 Community College System institution, as defined in s. 1000.21,
900 that is approved to offer baccalaureate degrees pursuant to s.
901 1007.33 remains under the authority of the State Board of
902 Education and the Florida Community College System institution’s
903 board of trustees. The State Board of Education may not approve
904 Florida College System institution baccalaureate degree program
905 proposals from March 31, 2014, through May 31, 2015.
906 Section 16. Paragraph (a) of subsection (4) of section
907 1001.20, Florida Statutes, is amended to read:
908 1001.20 Department under direction of state board.—
909 (4) The Department of Education shall establish the
910 following offices within the Office of the Commissioner of
911 Education which shall coordinate their activities with all other
912 divisions and offices:
913 (a) Office of Technology and Information Services.—
914 1. Responsible for developing a 5-year strategic plan, in
915 consultation with the Agency for State Technology, to
916 incorporate the minimum information technology architecture
917 standards for the successful implementation of digital
918 classrooms to improve student performance outcomes under s.
919 1011.62(12) for establishing Florida digital classrooms by
920 October 1, 2014, and annually updating the plan by January 1
921 each year thereafter. The Florida digital classrooms plan shall
922 be provided to each school district and published on the
923 department’s website. The plan must:
924 a. Describe how technology will be integrated into
925 classroom teaching and learning to assist the state in improving
926 student performance outcomes and enable all students in Florida
927 to be digital learners with access to digital tools and
928 resources.
929 b. Identify minimum information technology architecture
930 standards requirements, which that include specifications for
931 hardware, software, devices, networking, security, and bandwidth
932 capacity and guidelines for the ratio of students per device.
933 The Office of Technology and Information Services shall consult
934 with the Agency for State Technology in identifying minimum
935 information technology architecture standards.
936 c. Establish minimum requirements for professional
937 development opportunities and training to assist district
938 instructional personnel and staff with the integration of
939 technology into classroom teaching.
940 d. Identify the types of digital tools and resources that
941 can assist district instructional personnel and staff in the
942 management, assessment, and monitoring of student learning and
943 performance.
944 2. Responsible for making budget recommendations to the
945 commissioner, providing data collection and management for the
946 system, assisting school districts in securing Internet access
947 and telecommunications services, including those eligible for
948 funding under the Schools and Libraries Program of the federal
949 Universal Service Fund, and coordinating services with other
950 state, local, and private agencies.
951 3. Responsible for coordinating with the Agency for State
952 Technology to facilitate school districts’ access to state term
953 contract procurement options and shared services pursuant to s.
954 282.0051(7)(c).
955 4. Responsible for consulting with the Agency for State
956 Technology to establish uniform definitions of information
957 technology architecture components which must be incorporated
958 into the department’s 5-year strategic plan. The uniform
959 definitions must be incorporated by each charter school that
960 seeks Florida digital classrooms allocation funds and by each
961 district school board in the technology information annually
962 submitted to the department which includes, but is not limited
963 to, digital classroom plans and technology resources inventory.
964 5. Responsible for consulting with the Agency for State
965 Technology to create a digital readiness scorecard to compare
966 the digital readiness of school districts within the state. The
967 scorecard must use the uniform definitions identified under this
968 section and information technology architecture standards
969 identified under s. 282.0052(1)(a). At a minimum, the scorecard
970 must include the student-to-device ratio, the percentage of
971 schools within each district that meet bandwidth standards, the
972 percentage of classrooms within each district that meet wireless
973 standards, the refresh rate of devices, network capacity,
974 information storage capacity, and information security services.
975 Section 17. Subsection (26) of section 1001.42, Florida
976 Statutes, is amended to read:
977 1001.42 Powers and duties of district school board.—The
978 district school board, acting as a board, shall exercise all
979 powers and perform all duties listed below:
980 (26) TECHNICAL CENTER GOVERNING BOARD.—May appoint a
981 governing board for a school district technical center or a
982 system of technical centers for the purpose of aligning the
983 educational programs of the technical center with the needs of
984 local businesses and responding quickly to the needs of local
985 businesses for employees holding industry certifications. A
986 technical center governing board shall be comprised of seven
987 members, three of whom must be members of the district school
988 board or their designees and four of whom must be local business
989 leaders. The district school board shall delegate to the
990 technical center governing board decisions regarding entrance
991 requirements for students, curriculum, program development,
992 budget and funding allocations, and the development with local
993 businesses of partnership agreements and appropriate industry
994 certifications in order to meet local and regional economic
995 needs. A technical center governing board may approve only
996 courses and programs that contain industry certifications. A
997 course may be continued if at least 25 percent of the students
998 enrolled in the course attain an industry certification. If
999 fewer than 25 percent of the students enrolled in a course
1000 attain an industry certification, the course must be
1001 discontinued the following year. However, notwithstanding the
1002 authority to approve courses and programs under this subsection,
1003 a technical center governing board may not approve college
1004 credit courses or college credit certificate, associate degree,
1005 or baccalaureate degree programs.
1006 Section 18. Paragraph (b) of subsection (1) of section
1007 1001.43, Florida Statutes, is amended to read:
1008 1001.43 Supplemental powers and duties of district school
1009 board.—The district school board may exercise the following
1010 supplemental powers and duties as authorized by this code or
1011 State Board of Education rule.
1012 (1) STUDENT MANAGEMENT.—The district school board may adopt
1013 programs and policies to ensure the safety and welfare of
1014 individuals, the student body, and school personnel, which
1015 programs and policies may:
1016 (b) Require that the attire uniforms to be worn by the
1017 student body conform to a standard student attire policy that
1018 prohibits certain types or styles of clothing and requires solid
1019 colored clothing and fabrics for pants, skirts, shorts, or
1020 similar clothing and short or long sleeved shirts with collars.
1021 The policy may authorize a small logo but may not authorize a
1022 motto or slogan. The purpose of a standard student attire policy
1023 is to provide a safe environment that fosters learning and
1024 improves school safety and discipline by:
1025 1. Encouraging students to express their individuality
1026 through personality and academic achievements, rather than
1027 outward appearance.
1028 2. Enabling students to focus on academics, rather than
1029 fashion, because they are able to project a neat, serious, and
1030 studious image.
1031 3. Minimizing disciplinary problems because students are
1032 not distracted by clothing.
1033 4. Reducing the time needed to correct dress code
1034 violations through a readily available inventory of compliant
1035 attire.
1036 5. Minimizing visible differences and eliminating social
1037 pressures to wear brand name clothing or “gang colors,” thereby
1038 easing financial pressures on parents and enhancing school
1039 safety.
1040 6. Creating a sense of school pride and belonging.
1041
1042 A district school board may implement a standard student attire
1043 policy as part of an overall program to foster and promote
1044 desirable school operating conditions and a safe and supportive
1045 educational environment. A standard student attire policy must
1046 allow a parent to opt his or her student out of the policy for
1047 religious purposes or by reason of a disability. A district
1048 school board that implements a districtwide standard student
1049 attire policy for all students in at least kindergarten through
1050 grade 8 is immune from civil liability resulting from adoption
1051 of the policy in accordance with this paragraph, or impose other
1052 dress-related requirements, if the district school board finds
1053 that those requirements are necessary for the safety or welfare
1054 of the student body or school personnel. However, Students may
1055 wear sunglasses, hats, or other sun-protective wear while
1056 outdoors during school hours, such as when students are at
1057 recess.
1058 Section 19. Section 1001.44, Florida Statutes is amended to
1059 read:
1060 1001.44 Career centers; governance, mission, and
1061 responsibilities.—
1062 (1) DISTRICT SCHOOL BOARD MAY ESTABLISH OR ACQUIRE CAREER
1063 CENTERS.—Any district school board, after first obtaining the
1064 approval of the Department of Education, may, as a part of the
1065 district school system, organize, establish and operate a career
1066 center, or acquire and operate a career center previously
1067 established.
1068 (a) The primary mission of a career center that is operated
1069 by a district school board is to promote advances and
1070 innovations in workforce preparation and economic development. A
1071 career center may provide a learning environment that serves the
1072 needs of a specific population group or group of occupations,
1073 thus promoting diversity and choices within the public technical
1074 education community in this state.
1075 (b) A career center that is operated by a district school
1076 board may not:
1077 1. Offer college credit courses or college credit
1078 certificate, associate degree, or baccalaureate degree programs.
1079 2. In its name, include the term “college” or indicate that
1080 the center has the authority to offer college credit courses or
1081 college credit certificate, associate degree, or baccalaureate
1082 degree programs.
1083 (2) DISTRICT SCHOOL BOARDS OF CONTIGUOUS DISTRICTS MAY
1084 ESTABLISH OR ACQUIRE CAREER CENTERS.—The district school boards
1085 of any two or more contiguous districts may, upon first
1086 obtaining the approval of the department, enter into an
1087 agreement to organize, establish and operate, or acquire and
1088 operate, a career center under this section.
1089 (3) CAREER CENTER PART OF DISTRICT SCHOOL SYSTEM DIRECTED
1090 BY A DIRECTOR.—
1091 (a) A career center established or acquired under
1092 provisions of law and minimum standards prescribed by the
1093 commissioner shall comprise a part of the district school system
1094 and shall mean an educational institution offering terminal
1095 courses of a technical nature which are not for college credit,
1096 and courses for out-of-school youth and adults; shall be subject
1097 to all applicable provisions of this code; shall be under the
1098 control of the district school board of the school district in
1099 which it is located; and shall be directed by a director
1100 responsible through the district school superintendent to the
1101 district school board of the school district in which the center
1102 is located.
1103 (b) Each career center shall maintain an academic
1104 transcript for each student enrolled in the center. Such
1105 transcript shall delineate each course completed by the student.
1106 Courses shall be delineated by the course prefix and title
1107 assigned pursuant to s. 1007.24. The center shall make a copy of
1108 a student’s transcript available to any student who requests it.
1109 Section 20. Section 1001.60, Florida Statutes, is amended
1110 to read:
1111 1001.60 Florida Community College System.—
1112 (1) PURPOSES.—In order to maximize open access for
1113 students, respond to community needs for postsecondary academic
1114 education and career degree education, and provide associate and
1115 baccalaureate degrees that will best meet the state’s employment
1116 needs, the Legislature establishes a system of governance for
1117 the Florida Community College System.
1118 (2) FLORIDA COMMUNITY COLLEGE SYSTEM.—There shall be a
1119 single Florida Community College System comprised of the Florida
1120 Community College System institutions identified in s.
1121 1000.21(3). A Florida Community College System institution may
1122 not offer graduate degree programs.
1123 (a) The programs and services offered by Florida Community
1124 College System institutions in providing associate and
1125 baccalaureate degrees shall be delivered in a cost-effective
1126 manner that demonstrates substantial savings to the student and
1127 to the state over the cost of providing the degree at a state
1128 university.
1129 (b)1. With the approval of its district board of trustees,
1130 a Florida Community College System institution may change the
1131 institution’s name set forth in s. 1000.21(3) and use the
1132 designation “college” or “state college” if it has been
1133 authorized to grant baccalaureate degrees pursuant to s. 1007.33
1134 and has been accredited as a baccalaureate-degree-granting
1135 institution by the Commission on Colleges of the Southern
1136 Association of Colleges and Schools.
1137 2. With the approval of its district board of trustees, a
1138 Florida Community College System institution that does not meet
1139 the criteria in subparagraph 1. may request approval from the
1140 State Board of Education to change the institution’s name set
1141 forth in s. 1000.21(3) and use the designation “college.” The
1142 State Board of Education may approve the request if the Florida
1143 Community College System institution enters into an agreement
1144 with the State Board of Education to do the following:
1145 a. Maintain as its primary mission responsibility for
1146 responding to community needs for postsecondary academic
1147 education and career degree education as prescribed in s.
1148 1004.65(5).
1149 b. Maintain an open-door admissions policy for associate
1150 level degree programs and workforce education programs.
1151 c. Continue to provide outreach to underserved populations.
1152 d. Continue to provide remedial education.
1153 e. Comply with all provisions of the statewide articulation
1154 agreement that relate to 2-year and 4-year public degree
1155 granting institutions as adopted by the State Board of Education
1156 pursuant to s. 1007.23.
1157 (c) A district board of trustees that approves a change to
1158 the name of an institution under paragraph (b) must seek
1159 statutory codification of such name change in s. 1000.21(3)
1160 during the next regular legislative session.
1161 (d) A Florida Community College System institution may not
1162 use the designation “university.”
1163 (3) LOCAL BOARDS OF TRUSTEES.—Each institution within the
1164 Florida Community College System shall be governed by a local
1165 board of trustees as provided in s. 1001.64. The membership of
1166 each local board of trustees shall be as provided in s. 1001.61.
1167 Section 21. Subsection (4) is added to section 1001.705,
1168 Florida Statutes, to read:
1169 1001.705 Responsibility for the State University System
1170 under s. 7, Art. IX of the State Constitution.—
1171 (4) MISSION AND RESPONSIBILITIES.—The mission of the State
1172 University System is to promote excellence through teaching
1173 students, advancing research, and providing public service for
1174 the benefit of Florida’s citizens and their communities and
1175 economies. A state university may provide students undergraduate
1176 and graduate level instruction leading to baccalaureate,
1177 master’s, doctoral, or professional degrees or certificates in
1178 accordance with the requirements of subsection (2).
1179 Section 22. Subsection (4) of section 1001.7065, Florida
1180 Statutes, is amended to read:
1181 1001.7065 Preeminent state research universities program.—
1182 (4) PREEMINENT STATE RESEARCH UNIVERSITY INSTITUTE FOR
1183 ONLINE LEARNING.—A state research university that, as of July 1,
1184 2013, met meets all 12 of the academic and research excellence
1185 standards identified in subsection (2), as verified by the Board
1186 of Governors, shall establish an institute for online learning.
1187 The institute shall establish a robust offering of high-quality,
1188 fully online baccalaureate degree programs at an affordable cost
1189 in accordance with this subsection.
1190 (a) By August 1, 2013, the Board of Governors shall convene
1191 an advisory board to support the development of high-quality,
1192 fully online baccalaureate degree programs at the university.
1193 (b) The advisory board shall:
1194 1. Offer expert advice, as requested by the university, in
1195 the development and implementation of a business plan to expand
1196 the offering of high-quality, fully online baccalaureate degree
1197 programs.
1198 2. Advise the Board of Governors on the release of funding
1199 to the university upon approval by the Board of Governors of the
1200 plan developed by the university.
1201 3. Monitor, evaluate, and report on the implementation of
1202 the plan to the Board of Governors, the Governor, the President
1203 of the Senate, and the Speaker of the House of Representatives.
1204 (c) The advisory board shall be composed of the following
1205 five members:
1206 1. The chair of the Board of Governors or the chair’s
1207 permanent designee.
1208 2. A member with expertise in online learning, appointed by
1209 the Board of Governors.
1210 3. A member with expertise in global marketing, appointed
1211 by the Governor.
1212 4. A member with expertise in cloud virtualization,
1213 appointed by the President of the Senate.
1214 5. A member with expertise in disruptive innovation,
1215 appointed by the Speaker of the House of Representatives.
1216 (d) The president of the university shall be consulted on
1217 the advisory board member appointments.
1218 (e) A majority of the advisory board shall constitute a
1219 quorum, elect the chair, and appoint an executive director.
1220 (f) By September 1, 2013, the university shall submit to
1221 the advisory board a comprehensive plan to expand high-quality,
1222 fully online baccalaureate degree program offerings. The plan
1223 shall include:
1224 1. Existing on-campus general education courses and
1225 baccalaureate degree programs that will be offered online.
1226 2. New courses that will be developed and offered online.
1227 3. Support services that will be offered to students
1228 enrolled in online baccalaureate degree programs.
1229 4. A tuition and fee structure that meets the requirements
1230 in paragraph (k) for online courses, baccalaureate degree
1231 programs, and student support services.
1232 5. A timeline for offering, marketing, and enrolling
1233 students in the online baccalaureate degree programs.
1234 6. A budget for developing and marketing the online
1235 baccalaureate degree programs.
1236 7. Detailed strategies for ensuring the success of students
1237 and the sustainability of the online baccalaureate degree
1238 programs.
1239
1240 Upon recommendation of the plan by the advisory board and
1241 approval by the Board of Governors, the Board of Governors shall
1242 award the university $10 million in nonrecurring funds and $5
1243 million in recurring funds for fiscal year 2013-2014 and $5
1244 million annually thereafter, subject to appropriation in the
1245 General Appropriations Act.
1246 (g) Beginning in January 2014, the university shall offer
1247 high-quality, fully online baccalaureate degree programs that:
1248 1. Accept full-time, first-time-in-college students.
1249 2. Have the same rigorous admissions criteria as equivalent
1250 on-campus degree programs.
1251 3. Offer curriculum of equivalent rigor to on-campus degree
1252 programs.
1253 4. Offer rolling enrollment or multiple opportunities for
1254 enrollment throughout the year.
1255 5. Do not require any on-campus courses. However, for
1256 courses or programs that require clinical training or
1257 laboratories that cannot be delivered online, the university
1258 shall offer convenient locational options to the student, which
1259 may include, but are not limited to, the option to complete such
1260 requirements at a summer-in-residence on the university campus.
1261 The university may provide a network of sites at convenient
1262 locations and contract with commercial testing centers or
1263 identify other secure testing services for the purpose of
1264 proctoring assessments or testing.
1265 6. Apply the university’s existing policy for accepting
1266 credits for both freshman applicants and transfer applicants.
1267 (h) The university may offer a fully online Master’s in
1268 Business Administration degree program and other master’s degree
1269 programs.
1270 (i) The university may develop and offer degree programs
1271 and courses that are competency based as appropriate for the
1272 quality and success of the program.
1273 (j) The university shall periodically expand its offering
1274 of online baccalaureate degree programs to meet student and
1275 market demands.
1276 (k) The university shall establish a tuition structure for
1277 its online institute in accordance with this paragraph,
1278 notwithstanding any other provision of law.
1279 1. For students classified as residents for tuition
1280 purposes, tuition for an online baccalaureate degree program
1281 shall be set at no more than 75 percent of the tuition rate as
1282 specified in the General Appropriations Act pursuant to s.
1283 1009.24(4) and 75 percent of the tuition differential pursuant
1284 to s. 1009.24(16). No distance learning fee, fee for campus
1285 facilities, or fee for on-campus services may be assessed,
1286 except that online students shall pay the university’s
1287 technology fee, financial aid fee, and Capital Improvement Trust
1288 Fund fee. The revenues generated from the Capital Improvement
1289 Trust Fund fee shall be dedicated to the university’s institute
1290 for online learning.
1291 2. For students classified as nonresidents for tuition
1292 purposes, tuition may be set at market rates in accordance with
1293 the business plan.
1294 3. Tuition for an online degree program shall include all
1295 costs associated with instruction, materials, and enrollment,
1296 excluding costs associated with the provision of textbooks and
1297 instructional materials pursuant to s. 1004.085 and physical
1298 laboratory supplies.
1299 4. Subject to the limitations in subparagraph 1., tuition
1300 may be differentiated by degree program as appropriate to the
1301 instructional and other costs of the program in accordance with
1302 the business plan. Pricing must incorporate innovative
1303 approaches that incentivize persistence and completion,
1304 including, but not limited to, a fee for assessment, a bundled
1305 or all-inclusive rate, and sliding scale features.
1306 5. The university must accept advance payment contracts and
1307 student financial aid.
1308 6. Fifty percent of the net revenues generated from the
1309 online institute of the university shall be used to enhance and
1310 enrich the online institute offerings, and 50 percent of the net
1311 revenues generated from the online institute shall be used to
1312 enhance and enrich the university’s campus state-of-the-art
1313 research programs and facilities.
1314 7. The institute may charge additional local user fees
1315 pursuant to s. 1009.24(14) upon the approval of the Board of
1316 Governors.
1317 8. The institute shall submit a proposal to the president
1318 of the university authorizing additional user fees for the
1319 provision of voluntary student participation in activities and
1320 additional student services.
1321 Section 23. Section 1001.815, Florida Statutes, is created
1322 to read:
1323 1001.815 Florida College System Performance-Based
1324 Incentive.—
1325 (1) The Florida College System Performance-Based Incentive
1326 must be based on indicators of institutional attainment of
1327 performance metrics adopted by the State Board of Education. The
1328 performance-based funding metrics must be limited to metrics
1329 that measure retention; program completion and graduation rates;
1330 student loan default rates; job placement; and postgraduation
1331 employment, salaries, or further education.
1332 (2) The State Board of Education shall evaluate the
1333 institutions’ performance on the metrics based on benchmarks
1334 adopted by the board which measure the achievement of
1335 institutional excellence or improvement. The amount of funds
1336 available for allocation to the institutions each fiscal year
1337 based on the performance funding model is composed of the
1338 state’s investment in performance funding, plus an institutional
1339 investment consisting of funds to be redistributed from the base
1340 funding of the Florida College System Program Fund, as
1341 determined in the General Appropriations Act. The board shall
1342 establish a minimum performance threshold that institutions must
1343 meet in order to be eligible for the state’s investment in
1344 performance funds. The institutional investment shall be
1345 restored for all institutions eligible for the state’s
1346 investment under the performance funding model. An institution
1347 that fails to meet the board’s minimum performance funding
1348 threshold is not eligible for the state’s investment, shall have
1349 a portion of its institutional investment withheld, and shall
1350 submit an improvement plan to the board which specifies the
1351 activities and strategies for improving the institution’s
1352 performance.
1353 (3) The State Board of Education shall review the
1354 improvement plan, and if approved, must monitor the
1355 institution’s progress in implementing the specified activities
1356 and strategies. The institutions shall submit monitoring reports
1357 to the board no later than December 31 and May 31 of each year.
1358 (4) The Commissioner of Education shall withhold
1359 disbursement of the institutional investment until such time as
1360 the monitoring report for the institution is approved by the
1361 State Board of Education. Any institution that fails to make
1362 satisfactory progress will not have its full institutional
1363 investment restored. If all institutional investment funds are
1364 not restored, any remaining funds shall be redistributed in
1365 accordance with the board’s performance funding model.
1366 (5) By October 1 of each year, the State Board of Education
1367 shall submit to the Governor, the President of the Senate, and
1368 the Speaker of the House of Representatives a report on the
1369 previous year’s performance funding allocation which reflects
1370 the rankings and award distributions.
1371 (6) The State Board of Education shall adopt rules to
1372 implement this section.
1373 Section 24. Section 1001.92, Florida Statutes, is created
1374 to read:
1375 1001.92 State University System Performance-Based
1376 Incentive.—
1377 (1) The State University System Performance-Based Incentive
1378 must be based on indicators of institutional attainment of
1379 performance metrics adopted by the Board of Governors. The
1380 performance-based funding metrics must include metrics that
1381 measure graduation and retention rates; degree production;
1382 affordability; postgraduation employment, salaries, or further
1383 education; student loan default rates; access; and any other
1384 metrics approved by the board.
1385 (2) The Board of Governors shall evaluate the institutions’
1386 performance on the metrics based on benchmarks adopted by the
1387 board which measure the achievement of institutional excellence
1388 or improvement. The amount of funds available for allocation to
1389 the institutions each fiscal year based on the performance
1390 funding model is composed of the state investment in performance
1391 funding, plus an institutional investment consisting of funds to
1392 be redistributed from the base funding of the State University
1393 System, as determined in the General Appropriations Act. The
1394 state investment shall be distributed in accordance with the
1395 performance funding model. The institutional investment shall be
1396 restored for all institutions that meet the board’s minimum
1397 performance threshold under the performance funding model. An
1398 institution that is one of the bottom three institutions is not
1399 eligible for the state investment. An institution that fails to
1400 meet the board’s minimum performance funding threshold is not
1401 eligible for the state investment, shall have a portion of its
1402 institutional investment withheld, and shall submit an
1403 improvement plan to the board which specifies the activities and
1404 strategies for improving the institution’s performance. The
1405 board shall review the improvement plan, and if approved,
1406 monitor the institution’s progress in implementing the
1407 activities and strategies specified in the improvement plan. The
1408 Chancellor of the State University System shall withhold
1409 disbursement of the institutional investment until such time as
1410 the monitoring report for the institution is approved by the
1411 board. Any institution that fails to make satisfactory progress
1412 may not have its full institutional investment restored. If all
1413 funds are not restored, any remaining funds shall be
1414 redistributed to the top three scorers in accordance with the
1415 board’s performance funding model. The ability of an institution
1416 to submit an improvement plan to the board is limited to 1
1417 fiscal year. If an institution subject to an improvement plan
1418 fails to meet the board’s minimum performance funding threshold
1419 during any future fiscal year, the institution’s institutional
1420 investment will be withheld by the board and redistributed to
1421 the top three scorers in accordance with the board’s performance
1422 funding model.
1423 (3) By October 1 of each year, the Board of Governors shall
1424 submit to the Governor, the President of the Senate, and the
1425 Speaker of the House of Representatives a report on the previous
1426 year’s performance funding allocation which reflects the
1427 rankings and award distributions.
1428 (4) The Board of Governors shall adopt a regulation to
1429 implement this section.
1430 Section 25. Subsections (17) and (18) and paragraph (d) of
1431 subsection (19) of section 1002.20, Florida Statutes, are
1432 amended to read:
1433 1002.20 K-12 student and parent rights.—Parents of public
1434 school students must receive accurate and timely information
1435 regarding their child’s academic progress and must be informed
1436 of ways they can help their child to succeed in school. K-12
1437 students and their parents are afforded numerous statutory
1438 rights including, but not limited to, the following:
1439 (17) ATHLETICS; PUBLIC HIGH SCHOOL.—
1440 (a) Eligibility.—Eligibility requirements for all students
1441 participating in high school athletic competition must allow a
1442 student to be eligible in the school in which he or she first
1443 enrolls each school year, the school in which the student makes
1444 himself or herself a candidate for an athletic team by engaging
1445 in practice before enrolling, or the school to which the student
1446 has transferred with approval of the district school board, in
1447 accordance with s. 1006.20 the provisions of s. 1006.20(2)(a).
1448 (b) Medical evaluation.—Students must satisfactorily pass a
1449 medical evaluation each year before participating in athletics,
1450 unless the parent objects in writing based on religious tenets
1451 or practices, in accordance with s. 1006.20 the provisions of s.
1452 1006.20(2)(d).
1453 (18) EXTRACURRICULAR ACTIVITIES.—In accordance with the
1454 provisions of s. 1006.15:
1455 (a) Eligibility.—Students who meet specified academic and
1456 conduct requirements are eligible to participate in
1457 extracurricular activities.
1458 (b) Home education students.—Home education students who
1459 meet specified academic and conduct requirements are eligible to
1460 participate in extracurricular activities at the public school
1461 to which the student would be assigned or could choose to attend
1462 according to district school board policies, or may develop an
1463 agreement to participate at a private school.
1464 (c) Charter school students.—Charter school students who
1465 meet specified academic and conduct requirements are eligible to
1466 participate in extracurricular activities at the public school
1467 to which the student would be assigned or could choose to attend
1468 according to district school board policies, unless such
1469 activity is provided by the student’s charter school.
1470 (d) Florida Virtual School full-time students.—Florida
1471 Virtual School full-time students who meet specified academic
1472 and conduct requirements are eligible to participate in
1473 extracurricular activities at the public school to which the
1474 student would be assigned or could choose to attend according to
1475 district school board policies.
1476 (b)(e) Discrimination prohibited.—Organizations that
1477 regulate or govern extracurricular activities of public schools
1478 shall not discriminate against any eligible student based on an
1479 educational choice of public, private, or home education.
1480 (19) INSTRUCTIONAL MATERIALS.—
1481 (d) Dual enrollment students.—Instructional materials
1482 purchased by a district school board or Florida College System
1483 institution board of trustees on behalf of public school dual
1484 enrollment students shall be made available free of charge to
1485 the dual enrollment students free of charge, in accordance with
1486 s. 1007.271(17).
1487 Section 26. Subsection (11) of section 1002.33, Florida
1488 Statutes, is amended to read:
1489 1002.33 Charter schools.—
1490 (11) PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR
1491 ACTIVITIES.—A charter school student is eligible to participate
1492 in an interscholastic extracurricular activity at another the
1493 public school to which the student would be otherwise assigned
1494 to attend pursuant to s. 1006.15 s. 1006.15(3)(d).
1495 Section 27. Section 42. Subsection (1) of section 1002.34,
1496 Florida Statutes, is amended to read:
1497 1002.34 Charter technical career centers; governance,
1498 mission, and responsibilities.—
1499 (1) AUTHORIZATION AND MISSION.—
1500 (a) The primary mission of a charter technical career
1501 center is to promote The Legislature finds that the
1502 establishment of charter technical career centers can assist in
1503 promoting advances and innovations in workforce preparation and
1504 economic development. A charter technical career center may
1505 provide a learning environment that better serves the needs of a
1506 specific population group or a group of occupations, thus
1507 promoting diversity and choices within the public education and
1508 public postsecondary technical education community in this
1509 state. Therefore, the creation of such centers is authorized as
1510 part of the state’s program of public education. A charter
1511 technical career center may be formed by creating a new school
1512 or converting an existing school district or Florida Community
1513 College System institution program to charter technical status.
1514 (b) A charter technical career center that is operated by a
1515 district school board may not:
1516 1. Offer college credit courses or college credit
1517 certificate, associate degree, or baccalaureate degree programs.
1518 2. Include in its name the term “college” or indicate that
1519 the center has the authority to offer college credit courses or
1520 college credit certificate, associate degree, or baccalaureate
1521 degree programs.
1522 Section 28. Paragraph (u) is added to subsection (2) of
1523 section 1003.42, Florida Statutes, to read:
1524 1003.42 Required instruction.—
1525 (2) Members of the instructional staff of the public
1526 schools, subject to the rules of the State Board of Education
1527 and the district school board, shall teach efficiently and
1528 faithfully, using the books and materials required that meet the
1529 highest standards for professionalism and historic accuracy,
1530 following the prescribed courses of study, and employing
1531 approved methods of instruction, the following:
1532 (u) The events surrounding the terrorist attacks occurring
1533 on September 11, 2001, and the impact of those events on the
1534 nation. This paragraph may be cited as the “Representative Clay
1535 Ford, Jr., Memorial Act.”
1536
1537 The State Board of Education is encouraged to adopt standards
1538 and pursue assessment of the requirements of this subsection.
1539 Section 29. Subsection (2) of section 1004.015, Florida
1540 Statutes, is amended to read:
1541 1004.015 Higher Education Coordinating Council.—
1542 (2) Members of the council shall include:
1543 (a) One member of the Board of Governors, appointed by the
1544 chair of the Board of Governors.
1545 (b) The Chancellor of the State University System.
1546 (c) The Chancellor of the Florida Community College System.
1547 (d) The Chancellor of Career and Adult Education.
1548 (e)(d) One member of the State Board of Education,
1549 appointed by the chair of the State Board of Education.
1550 (f)(e) The Executive Director of the Florida Association of
1551 Postsecondary Schools and Colleges.
1552 (g)(f) The president of the Independent Colleges and
1553 Universities of Florida.
1554 (h)(g) The president of Workforce Florida, Inc., or his or
1555 her designee.
1556 (i)(h) The president of Enterprise Florida, Inc., or a
1557 designated member of the Stakeholders Council appointed by the
1558 president.
1559 (j)(i) Three representatives of the business community, one
1560 appointed by the President of the Senate, one appointed by the
1561 Speaker of the House of Representatives, and one appointed by
1562 the Governor, who are committed to developing and enhancing
1563 world class workforce infrastructure necessary for Florida’s
1564 citizens to compete and prosper in the ever-changing economy of
1565 the 21st century.
1566 Section 30. Section 1004.084, Florida Statutes, is created
1567 to read:
1568 1004.084 College affordability.—The Board of Governors and
1569 State Board of Education shall continue to identify strategies
1570 and initiatives to further ensure college affordability for all
1571 Floridians.
1572 (1) Specific strategies and initiatives to reduce the cost
1573 of higher education must include, at a minimum, consideration of
1574 the following:
1575 (a) The impact of tuition and fee increases at state
1576 colleges and universities, including graduate, professional,
1577 medical, and law schools.
1578 (b) The total cost of fees to a student and family at a
1579 state university or a state college, including orientation fees.
1580 (c) The cost of textbooks and instructional materials for
1581 all students. The Board of Governors and State Board of
1582 Education shall use the information provided pursuant to s.
1583 1004.085(5) and (6) and consult with students, faculty,
1584 bookstores, and publishers, to determine the best methods to
1585 reduce costs and must, at a minimum, consider the following:
1586 1. Any existing Florida College System or State University
1587 System initiatives to reduce the cost of textbooks and
1588 instructional materials.
1589 2. Purchasing e-textbooks in bulk.
1590 3. Expanding the use of open-access textbooks and
1591 instructional materials.
1592 4. The rental options for textbook and instructional
1593 materials.
1594 5. Increasing the availability and use of affordable
1595 digital textbooks and learning objects for faculty and students.
1596 6. Supporting efficient used book sales, buy-back sales,
1597 and student-to-student sales.
1598 7. Developing online portals at each institution to assist
1599 students in buying, renting, selling, and sharing textbooks and
1600 instructional materials.
1601 8. The feasibility of expanding and enhancing digital
1602 access platforms that are used by campus stores to help students
1603 acquire the correct and least expensive required course
1604 materials.
1605 9. The cost to school districts of instructional materials
1606 for dual enrollment students.
1607 (2) By December 31, 2015, and annually thereafter, the
1608 Board of Governors and State Board of Education shall submit a
1609 report on their respective college affordability efforts, which
1610 must include recommendations, to the Governor, the President of
1611 the Senate, and the Speaker of the House of Representatives.
1612 Section 31. Section 1004.085, Florida Statutes, is amended
1613 to read:
1614 1004.085 Textbook and instructional materials
1615 affordability.—
1616 (1) As used in this section, the term “instructional
1617 materials” means educational materials, in printed or digital
1618 format, which are required or recommended for use within a
1619 course.
1620 (2)(1) An No employee of a Florida College System
1621 institution or a state university may not demand or receive any
1622 payment, loan, subscription, advance, deposit of money, service,
1623 or anything of value, present or promised, in exchange for
1624 requiring students to purchase a specific textbook or
1625 instructional material for coursework or instruction.
1626 (3)(2) An employee may receive:
1627 (a) Sample copies, instructor copies, or instructional
1628 materials. These materials may not be sold for any type of
1629 compensation if they are specifically marked as free samples not
1630 for resale.
1631 (b) Royalties or other compensation from sales of textbooks
1632 or instructional materials that include the instructor’s own
1633 writing or work.
1634 (c) Honoraria for academic peer review of course materials.
1635 (d) Fees associated with activities such as reviewing,
1636 critiquing, or preparing support materials for textbooks or
1637 instructional materials pursuant to guidelines adopted by the
1638 State Board of Education or the Board of Governors.
1639 (e) Training in the use of course materials and learning
1640 technologies.
1641 (4)(3) Each Florida College System institution institutions
1642 and state university universities shall prominently post in the
1643 course registration system and on its website on their websites,
1644 as early as is feasible, but at least 14 not less than 30 days
1645 before prior to the first day of student registration class for
1646 each term, a hyperlink to lists list of each textbook required
1647 and recommended textbooks and instructional materials for at
1648 least 90 percent of the courses and course sections each course
1649 offered at the institution during the upcoming term.
1650 (a) These lists The posted list must include:
1651 1. The International Standard Book Number (ISBN) for each
1652 required and recommended textbook and instructional materials.
1653 2. For a textbook or instructional materials for which an
1654 ISBN is not available, textbook or other identifying
1655 information, which must include, at a minimum, all of the
1656 following: the title, all authors listed, publishers, edition
1657 number, copyright date, published date, and other relevant
1658 information necessary to identify the specific textbook or
1659 instructional materials textbooks required and recommended for
1660 each course.
1661 3. The new and used retail price and the rental price, if
1662 applicable, for a required or recommended textbook or
1663 instructional materials for purchase at the institution’s
1664 designated bookstore or other specified vendor, including the
1665 website or other contact information for the bookstore.
1666 (b) The State Board of Education and the Board of Governors
1667 shall include in the policies, procedures, and guidelines
1668 adopted under subsection (5) (4) certain limited exceptions to
1669 this notification requirement for courses classes added after
1670 the notification deadline.
1671 (c) An institution that is unable to comply with this
1672 subsection by the 2015 fall semester must provide the
1673 information required by this subsection to students, in a format
1674 determined by the institution, at least 60 days before the first
1675 day of classes. The institution must also submit a quarterly
1676 report to the State Board of Education or to the Board of
1677 Governors, as applicable, documenting the institution’s efforts
1678 to comply with this subsection by the 2016 fall semester.
1679 (5)(4) The State Board of Education and the Board of
1680 Governors each shall adopt textbook and instructional materials
1681 affordability policies, procedures, and guidelines for
1682 implementation by Florida College System institutions and state
1683 universities, respectively, which that further efforts to
1684 minimize the cost of textbooks and instructional materials for
1685 students attending such institutions, while maintaining the
1686 quality of education and academic freedom. The policies,
1687 procedures, and guidelines must, at a minimum, require shall
1688 provide for the following:
1689 (a) That textbook and instructional materials adoptions are
1690 made with sufficient lead time to bookstores so as to confirm
1691 availability of the requested materials and, if where possible,
1692 ensure maximum availability of used textbooks and instructional
1693 materials books.
1694 (b) That, in the textbook and instructional material
1695 adoption process, the intent to use all items ordered,
1696 particularly each individual item sold as part of a bundled
1697 package, is confirmed by the course instructor or the academic
1698 department offering the course before the adoption is finalized.
1699 (c) That a course instructor or the academic department
1700 offering the course determine determines, before a textbook or
1701 instructional materials are is adopted, the extent to which a
1702 new edition differs significantly and substantively from earlier
1703 versions and the value to the student of changing to a new
1704 edition or the extent to which an open-access textbook or
1705 instructional materials may exist and be used.
1706 (d) That the establishment of policies shall address the
1707 availability of required and recommended textbooks and
1708 instructional materials to students otherwise unable to afford
1709 the cost, including consideration of the extent to which an
1710 open-access textbook or instructional materials may be used.
1711 (e) That course instructors and academic departments are
1712 encouraged to participate in the development, adaptation, and
1713 review of open-access textbooks and instructional materials and,
1714 in particular, open-access textbooks and instructional materials
1715 for high-demand general education courses.
1716 (f) That postsecondary institutions consult with school
1717 districts with which they have a dual enrollment articulation
1718 agreement to identify practices that impact the cost to school
1719 districts of dual enrollment textbooks and instructional
1720 materials, including, but not limited to, the length of time
1721 that textbooks and instructional materials remain in use and the
1722 costs associated with digital materials.
1723 (g) That cost-benefit analyses be conducted regularly in
1724 comparing options to ensure that students receive the highest
1725 quality product at the lowest available price.
1726 (6) Each Florida College System institution and each state
1727 university shall report annually to the Chancellor of the
1728 Florida College System or the Chancellor of the State University
1729 System, as applicable, the cost of undergraduate textbooks and
1730 instructional materials, by course and course section; the
1731 textbook and instructional materials selection process for high
1732 enrollment courses as determined by the chancellors; specific
1733 initiatives of the institution which reduce the cost of
1734 textbooks and instructional materials; the number of courses and
1735 course sections that were not able to meet the textbook and
1736 instructional materials posting deadline; and additional
1737 information as determined by the chancellors. Annually, by
1738 December 31, the chancellors shall compile the institution
1739 reports and submit a comprehensive report to the Governor, the
1740 President of the Senate, and the Speaker of the House of
1741 Representatives.
1742 (7) Each Florida College System institution and state
1743 university shall annually send the State Board of Education or
1744 the Board of Governors, as applicable, electronic copies of its
1745 current textbook and instructional materials affordability
1746 policies and procedures. The State Board of Education and the
1747 Board of Governors shall provide a link to this information on
1748 their respective websites.
1749 Section 32. Section 1004.65, Florida Statutes, is amended
1750 to read:
1751 1004.65 Florida Community College System institutions;
1752 governance, mission, and responsibilities.—
1753 (1) Each Florida Community College System institution shall
1754 be governed by a district board of trustees under statutory
1755 authority and rules of the State Board of Education.
1756 (2) Each Florida Community College System institution
1757 district shall:
1758 (a) Consist of the county or counties served by the Florida
1759 Community College System institution pursuant to s. 1000.21(3).
1760 (b) Be an independent, separate, legal entity created for
1761 the operation of a Florida Community College System institution.
1762 (3) Florida Community College System institutions are
1763 locally based and governed entities with statutory and funding
1764 ties to state government. As such, the mission for Florida
1765 Community College System institutions reflects a commitment to
1766 be responsive to local educational needs and challenges. In
1767 achieving this mission, Florida Community College System
1768 institutions strive to maintain sufficient local authority and
1769 flexibility while preserving appropriate legal accountability to
1770 the state.
1771 (4) As comprehensive institutions, Florida Community
1772 College System institutions shall provide high-quality,
1773 affordable education and training opportunities, shall foster a
1774 climate of excellence, and shall provide opportunities to all
1775 while combining high standards with an open-door admission
1776 policy for lower-division programs. Florida Community College
1777 System institutions shall, as open-access institutions, serve
1778 all who can benefit, without regard to age, race, gender, creed,
1779 or ethnic or economic background, while emphasizing the
1780 achievement of social and educational equity so that all can be
1781 prepared for full participation in society.
1782 (5) The primary mission and responsibility of Florida
1783 Community College System institutions is responding to community
1784 needs for postsecondary academic education and career degree
1785 education. This mission and responsibility includes being
1786 responsible for:
1787 (a) Providing lower level undergraduate instruction and
1788 awarding associate degrees.
1789 (b) Preparing students directly for careers requiring less
1790 than baccalaureate degrees. This may include preparing for job
1791 entry, supplementing of skills and knowledge, and responding to
1792 needs in new areas of technology. Career education in a Florida
1793 Community College System institution shall consist of career
1794 certificates, credit courses leading to associate in science
1795 degrees and associate in applied science degrees, and other
1796 programs in fields requiring substantial academic work,
1797 background, or qualifications. A Florida Community College
1798 System institution may offer career education programs in fields
1799 having lesser academic or technical requirements.
1800 (c) Providing student development services, including
1801 assessment, student tracking, support for disabled students,
1802 advisement, counseling, financial aid, career development, and
1803 remedial and tutorial services, to ensure student success.
1804 (d) Promoting economic development for the state within
1805 each Florida Community College System institution district
1806 through the provision of special programs, including, but not
1807 limited to, the:
1808 1. Enterprise Florida-related programs.
1809 2. Technology transfer centers.
1810 3. Economic development centers.
1811 4. Workforce literacy programs.
1812 (e) Providing dual enrollment instruction.
1813 (f) Providing upper level instruction and awarding
1814 baccalaureate degrees as specifically authorized by law.
1815 (6) A separate and secondary role for Florida Community
1816 College System institutions includes the offering of programs
1817 in:
1818 (a) Programs in community services that are not directly
1819 related to academic or occupational advancement.
1820 (b) Programs in adult education services, including adult
1821 basic education, adult general education, adult secondary
1822 education, and high school equivalency examination instruction.
1823 (c) Programs in recreational and leisure services.
1824 (d) Upper level instruction and awarding baccalaureate
1825 degrees as specifically authorized by law.
1826 (7) Funding for Florida Community College System
1827 institutions shall reflect their mission as follows:
1828 (a) Postsecondary academic and career education programs
1829 and adult general education programs shall have first priority
1830 in Florida Community College System institution funding.
1831 (b) Community service programs shall be presented to the
1832 Legislature with rationale for state funding. The Legislature
1833 may identify priority areas for use of these funds.
1834 (c) The resources of a Florida Community College System
1835 institution, including staff, faculty, land, and facilities,
1836 shall not be used to support the establishment of a new
1837 independent nonpublic educational institution. If any
1838 institution uses resources for such purpose, the Division of
1839 Florida Community Colleges shall notify the President of the
1840 Senate and the Speaker of the House of Representatives.
1841 (8) Florida Community College System institutions are
1842 authorized to:
1843 (a) Offer such programs and courses as are necessary to
1844 fulfill their mission.
1845 (b) Grant associate in arts degrees, associate in science
1846 degrees, associate in applied science degrees, certificates,
1847 awards, and diplomas.
1848 (c) Make provisions for the high school equivalency
1849 examination.
1850 (d) Provide access to and award baccalaureate degrees in
1851 accordance with law.
1852
1853 Authority to offer one or more baccalaureate degree programs
1854 does not alter the governance relationship of the Florida
1855 Community College System institution with its district board of
1856 trustees or the State Board of Education.
1857 Section 33. Paragraph (b) of subsection (2) of section
1858 1004.92, Florida Statutes, is amended to read:
1859 1004.92 Purpose and responsibilities for career education.—
1860 (2)
1861 (b) Department of Education accountability for career
1862 education includes, but is not limited to:
1863 1. The provision of timely, accurate technical assistance
1864 to school districts and Florida College System institutions.
1865 2. The provision of timely, accurate information to the
1866 State Board of Education, the Legislature, and the public.
1867 3. The development of policies, rules, and procedures that
1868 facilitate institutional attainment of the accountability
1869 standards and coordinate the efforts of all divisions within the
1870 department.
1871 4. The development of program standards and industry-driven
1872 benchmarks for career, adult, and community education programs,
1873 which must be updated every 3 years. The standards must include
1874 career, academic, and workplace skills; viability of distance
1875 learning for instruction; and work/learn cycles that are
1876 responsive to business and industry; and reflect the quality
1877 components of a career and technical education program. The
1878 State Board of Education shall adopt rules to administer this
1879 section.
1880 5. Overseeing school district and Florida College System
1881 institution compliance with the provisions of this chapter.
1882 6. Ensuring that the educational outcomes for the technical
1883 component of career programs are uniform and designed to provide
1884 a graduate who is capable of entering the workforce on an
1885 equally competitive basis regardless of the institution of
1886 choice.
1887 Section 34. Section 1006.15, Florida Statutes, is amended
1888 to read:
1889 1006.15 Student standards for eligibility to participate
1890 participation in interscholastic and intrascholastic
1891 extracurricular student activities; regulation.—
1892 (1) This section may be cited as the “Craig Dickinson Act.”
1893 (2) District school board and nonprofit association
1894 policies governing student eligibility for extracurricular
1895 activities shall be guided by the following principles:
1896 (a) Interscholastic Extracurricular student activities are
1897 an important complement to the academic curriculum and provide
1898 students with incentives to succeed academically.
1899 (b) Participation in a comprehensive extracurricular and
1900 academic program contributes to student development of the
1901 social and intellectual skills necessary to become a well
1902 rounded adult.
1903 (c) Extracurricular activities promote teamwork and
1904 collaboration, expose students to individuals from diverse
1905 backgrounds, and enhance parental engagement in the school.
1906 (d) Policies governing student eligibility for
1907 extracurricular activities should not impede parental school
1908 choice.
1909 (3) As used in this part section, the term:
1910 (a) “Extracurricular activity” means a any school
1911 authorized or education-related activity occurring during or
1912 outside the regular instructional school day.
1913 (b) “Home education cooperative” means a parent-directed
1914 group of individual home education students which provides
1915 opportunities for interscholastic competition to those students.
1916 (c) “Impermissible benefit” means a benefit or promise of
1917 benefit that is based in any way on athletic interest,
1918 potential, or performance, that is a benefit not generally
1919 available to the school’s students or their family members, and
1920 that induces a student athlete to participate in the athletic
1921 programs of a member school. The term does not include
1922 transportation arrangements.
1923 (d) “Nonprofit association” means the nonprofit association
1924 that governs interscholastic athletic competition in this state
1925 pursuant to s. 1006.20.
1926 (e) “Public school student” means a student who is
1927 attending a traditional public school, charter school, magnet
1928 school, alternative school, developmental research laboratory
1929 school, other public school of choice, or public virtual school.
1930 (f) “Recruiting” means an effort by a school employee or
1931 athletic department staff member to pressure, urge, or entice a
1932 student to attend that school for the purpose of participating
1933 in interscholastic athletics.
1934 (g) “Unaffiliated private school” means a private school
1935 that has an enrollment of 125 or fewer students in grades 6
1936 through 12 and that is not a member of the nonprofit
1937 association.
1938 (4)(3)(a) A student is To be eligible to participate in
1939 interscholastic extracurricular student activities if the, a
1940 student must:
1941 1. Maintains Maintain a grade point average of 2.0 or above
1942 on a 4.0 scale, or its equivalent, in the previous semester or a
1943 cumulative grade point average of 2.0 or above on a 4.0 scale,
1944 or its equivalent, in the courses required by s. 1002.3105(5) or
1945 s. 1003.4282.
1946 2. Executes Execute and fulfills fulfill the requirements
1947 of an academic performance contract between the student, the
1948 district school board or private school, the appropriate
1949 governing association, and the student’s parents, if the
1950 student’s cumulative grade point average falls below 2.0, or its
1951 equivalent, on a 4.0 scale in the courses required by s.
1952 1002.3105(5) or s. 1003.4282. At a minimum, the contract must
1953 require that the student attend summer school, or its graded
1954 equivalent, between grades 9 and 10 or grades 10 and 11, as
1955 necessary.
1956 3. Has Have a cumulative grade point average of 2.0 or
1957 above on a 4.0 scale, or its equivalent, in the courses required
1958 by s. 1002.3105(5) or s. 1003.4282 during his or her junior or
1959 senior year.
1960 4. Maintains Maintain satisfactory conduct as prescribed by
1961 the district school board’s or private school’s code, including
1962 adherence to appropriate dress and other codes of student
1963 conduct policies described in s. 1006.07(2). If a student is
1964 convicted of, or is found to have committed, a felony or a
1965 delinquent act that would have been a felony if committed by an
1966 adult, regardless of whether adjudication is withheld, the
1967 student’s participation in interscholastic extracurricular
1968 activities is contingent upon established and published district
1969 school board or private school policy.
1970 5. Is a home education student who meets the requirements
1971 of the home education program pursuant to s. 1002.41, including
1972 requirements relating to annual educational evaluations. The
1973 evaluation processes or requirements placed on home education
1974 student participants may not exceed those that apply under s.
1975 1002.41 to home education students generally.
1976 (b)1. A student may be declared ineligible to participate
1977 in interscholastic extracurricular activities only if:
1978 a. The student fails to achieve compliance with paragraph
1979 (a);
1980 b. The student or parent falsifies an enrollment or
1981 eligibility document;
1982 c. The student or parent accepts an impermissible benefit;
1983 d. The student commits a flagrant act of unsportsmanlike
1984 conduct toward a contest official, opponent, or other person
1985 attending an athletic contest or violates substance abuse
1986 policies established by the nonprofit association;
1987 e. The student has exhausted 4 years of athletic
1988 eligibility, graduated from high school, or attained the maximum
1989 age established by the nonprofit association, whichever occurs
1990 first;
1991 f. The student does not pass a medical evaluation pursuant
1992 to s. 1006.20(2)(c), except as otherwise provided in s.
1993 1006.20(2)(d); or
1994 g. The student forfeits his or her amateur status, as
1995 defined by the nonprofit association.
1996 2. A student may not be declared ineligible to participate
1997 in interscholastic athletics based upon a violation of the
1998 nonprofit association’s recruitment policy or otherwise because
1999 the student participated on a nonschool team or nonschool team
2000 affiliated with the school in which the student ultimately
2001 enrolls; or the student participated in nonschool athletic
2002 activities sponsored by a member school of the nonprofit
2003 association if, after participating, the student registers for,
2004 enrolls in, or applies to attend the sponsoring school. As used
2005 in this subparagraph, the terms “nonschool team” and “nonschool
2006 athletic activities” include, but are not limited to, club
2007 teams, travel teams, grade school teams, recreational league
2008 teams, personal instruction sessions, summer camp teams, and
2009 summer camp nonschool athletic programs.
2010 (c)1.(b) A Any student who is exempt from attending a full
2011 school day based on rules adopted by the district school board
2012 for double session schools or programs, experimental schools, or
2013 schools operating under emergency conditions must maintain the
2014 grade point average required by this section and pass each class
2015 for which he or she is enrolled.
2016 2. A student who transfers from a home education program to
2017 a public or private school before or during the first semester
2018 of the school year is academically eligible to participate in
2019 extracurricular activities during the first semester if the
2020 student has a successful evaluation from the previous school
2021 year pursuant to subparagraph (a)5.
2022 3. A public school or private school student who transfers
2023 into a home education program after being declared ineligible
2024 for participation in extracurricular activities pursuant to sub
2025 subparagraph (b)1.a. is ineligible to participate in such
2026 activities as a home education student until the student has
2027 successfully completed one semester in a home education program
2028 pursuant to s. 1002.41.
2029 4. A public school student who transfers to a private
2030 school or another public school, or a private school student who
2031 transfers to a public school or another private school, after
2032 being declared ineligible to participate in extracurricular
2033 activities pursuant to sub-subparagraph (b)1.a. is ineligible to
2034 participate in such activities until the student has
2035 successfully completed one semester at the school to which he or
2036 she transfers and meets the requirements of paragraph (a).
2037 (d)(c) An individual home education student is eligible to
2038 participate in an extracurricular activity that is not offered
2039 by the student’s home education program. Participation may occur
2040 at any the public school in the school district in which the
2041 student resides to which the student would be assigned according
2042 to district school board attendance area policies or a public
2043 school in another school district which the student could choose
2044 to attend pursuant to an district or interdistrict controlled
2045 open enrollment policy. A home education student provisions, or
2046 may also develop an agreement to participate at a private
2047 school, in the interscholastic or extracurricular activities of
2048 that school. In order to participate under this paragraph, a
2049 student must meet, provided the following conditions are met:
2050 1. The home education student must meet the requirements of
2051 the home education program pursuant to s. 1002.41.
2052 2. During the period of participation at a school, the home
2053 education student must demonstrate educational progress as
2054 required in paragraph (b) in all subjects taken in the home
2055 education program by a method of evaluation agreed upon by the
2056 parent and the school principal which may include: review of the
2057 student’s work by a certified teacher chosen by the parent;
2058 grades earned through correspondence; grades earned in courses
2059 taken at a Florida College System institution, university, or
2060 trade school; standardized test scores above the 35th
2061 percentile; or any other method designated in s. 1002.41.
2062 3. The home education student must meet the same residency
2063 requirements as other students in the school at which he or she
2064 participates.
2065 1.4. The home education student must meet the same
2066 standards of acceptance, behavior, and performance as required
2067 of other students in extracurricular activities.
2068 2.5. The student must register with the school his or her
2069 intent to participate in interscholastic extracurricular
2070 activities as a representative of the school before the
2071 beginning date of the nonathletic activity or season for the
2072 athletic activity in which he or she wishes to participate. A
2073 home education student must be able to participate in curricular
2074 activities if that is a requirement for an extracurricular
2075 activity.
2076 3. A student who is enrolled in an unaffiliated private
2077 school, a home education program, a full-time public virtual
2078 school, or any public school that does not offer any
2079 interscholastic athletic programs may only participate in
2080 interscholastic athletics at the public school in which the
2081 student is first registered.
2082 4. The student’s parent is responsible for transporting the
2083 student to and from the school at which the student
2084 participates. The school the student attends, the school at
2085 which the student participates in the extracurricular activity,
2086 the district school board, and the nonprofit association are
2087 exempt from civil liability arising from any injury to the
2088 student which occurs during such transportation.
2089 6. A student who transfers from a home education program to
2090 a public school before or during the first grading period of the
2091 school year is academically eligible to participate in
2092 interscholastic extracurricular activities during the first
2093 grading period provided the student has a successful evaluation
2094 from the previous school year, pursuant to subparagraph 2.
2095 7. Any public school or private school student who has been
2096 unable to maintain academic eligibility for participation in
2097 interscholastic extracurricular activities is ineligible to
2098 participate in such activities as a home education student until
2099 the student has successfully completed one grading period in
2100 home education pursuant to subparagraph 2. to become eligible to
2101 participate as a home education student.
2102 (d) An individual charter school student pursuant to s.
2103 1002.33 is eligible to participate at the public school to which
2104 the student would be assigned according to district school board
2105 attendance area policies or which the student could choose to
2106 attend, pursuant to district or interdistrict controlled open
2107 enrollment provisions, in any interscholastic extracurricular
2108 activity of that school, unless such activity is provided by the
2109 student’s charter school, if the following conditions are met:
2110 1. The charter school student must meet the requirements of
2111 the charter school education program as determined by the
2112 charter school governing board.
2113 2. During the period of participation at a school, the
2114 charter school student must demonstrate educational progress as
2115 required in paragraph (b).
2116 3. The charter school student must meet the same residency
2117 requirements as other students in the school at which he or she
2118 participates.
2119 4. The charter school student must meet the same standards
2120 of acceptance, behavior, and performance that are required of
2121 other students in extracurricular activities.
2122 5. The charter school student must register with the school
2123 his or her intent to participate in interscholastic
2124 extracurricular activities as a representative of the school
2125 before the beginning date of the season for the activity in
2126 which he or she wishes to participate. A charter school student
2127 must be able to participate in curricular activities if that is
2128 a requirement for an extracurricular activity.
2129 6. A student who transfers from a charter school program to
2130 a traditional public school before or during the first grading
2131 period of the school year is academically eligible to
2132 participate in interscholastic extracurricular activities during
2133 the first grading period if the student has a successful
2134 evaluation from the previous school year, pursuant to
2135 subparagraph 2.
2136 7. Any public school or private school student who has been
2137 unable to maintain academic eligibility for participation in
2138 interscholastic extracurricular activities is ineligible to
2139 participate in such activities as a charter school student until
2140 the student has successfully completed one grading period in a
2141 charter school pursuant to subparagraph 2. to become eligible to
2142 participate as a charter school student.
2143 (e) A student of the Florida Virtual School full-time
2144 program may participate in any interscholastic extracurricular
2145 activity at the public school to which the student would be
2146 assigned according to district school board attendance area
2147 policies or which the student could choose to attend, pursuant
2148 to district or interdistrict controlled open enrollment
2149 policies, if the student:
2150 1. During the period of participation in the
2151 interscholastic extracurricular activity, meets the requirements
2152 in paragraph (a).
2153 2. Meets any additional requirements as determined by the
2154 board of trustees of the Florida Virtual School.
2155 3. Meets the same residency requirements as other students
2156 in the school at which he or she participates.
2157 4. Meets the same standards of acceptance, behavior, and
2158 performance that are required of other students in
2159 extracurricular activities.
2160 5. Registers his or her intent to participate in
2161 interscholastic extracurricular activities with the school
2162 before the beginning date of the season for the activity in
2163 which he or she wishes to participate. A Florida Virtual School
2164 student must be able to participate in curricular activities if
2165 that is a requirement for an extracurricular activity.
2166 (f) A student who transfers from the Florida Virtual School
2167 full-time program to a traditional public school before or
2168 during the first grading period of the school year is
2169 academically eligible to participate in interscholastic
2170 extracurricular activities during the first grading period if
2171 the student has a successful evaluation from the previous school
2172 year pursuant to paragraph (a).
2173 (g) A public school or private school student who has been
2174 unable to maintain academic eligibility for participation in
2175 interscholastic extracurricular activities is ineligible to
2176 participate in such activities as a Florida Virtual School
2177 student until the student successfully completes one grading
2178 period in the Florida Virtual School pursuant to paragraph (a).
2179 (5)(4) The student standards for participation in
2180 interscholastic extracurricular activities must be applied
2181 beginning with the student’s first semester of the 9th grade.
2182 Each student must meet such other requirements for participation
2183 as may be established by the district school board; however,
2184 such requirements must apply on an equal basis to all students
2185 and a district school board may not make establish requirements
2186 for participation in interscholastic extracurricular activities
2187 which make participation in such activities less accessible to a
2188 transfer student or a student enrolled in a public school of
2189 choice, an unaffiliated private school, or a home education
2190 program students than to other students. A district school board
2191 or private school may not establish policies regarding transfer
2192 student eligibility for extracurricular activities which are
2193 more stringent than the policies established by the nonprofit
2194 association Except as set forth in paragraph (3)(c), evaluation
2195 processes or requirements that are placed on home education
2196 student participants may not go beyond those that apply under s.
2197 1002.41 to home education students generally.
2198 (6)(5) An Any organization or entity that regulates or
2199 governs interscholastic extracurricular activities of public
2200 schools:
2201 (a) Shall permit home education associations or home
2202 education cooperatives to join as member schools.
2203 (b) Shall not discriminate against any eligible student
2204 based on an educational choice of public, private, or home
2205 education.
2206 (7)(6) Public schools are prohibited from membership in any
2207 organization or entity that which regulates or governs
2208 interscholastic extracurricular activities and discriminates
2209 against eligible students in public, private, or home education.
2210 (7) Any insurance provided by district school boards for
2211 participants in extracurricular activities shall cover the
2212 participating home education student. If there is an additional
2213 premium for such coverage, the participating home education
2214 student shall pay the premium.
2215 (8)(a) The Florida High School Athletic Association
2216 (FHSAA), in cooperation with each district school board, shall
2217 facilitate a program in which a middle school or high school
2218 student who attends a private school shall be eligible to
2219 participate in an interscholastic or intrascholastic sport at a
2220 public high school, a public middle school, or a 6-12 public
2221 school that is zoned for the physical address at which the
2222 student resides if:
2223 1. The private school in which the student is enrolled is
2224 not a member of the FHSAA and does not offer an interscholastic
2225 or intrascholastic athletic program.
2226 2. The private school student meets the guidelines for the
2227 conduct of the program established by the FHSAA’s board of
2228 directors and the district school board. At a minimum, such
2229 guidelines shall provide:
2230 a. A deadline for each sport by which the private school
2231 student’s parents must register with the public school in
2232 writing their intent for their child to participate at that
2233 school in the sport.
2234 b. Requirements for a private school student to
2235 participate, including, but not limited to, meeting the same
2236 standards of eligibility, acceptance, behavior, educational
2237 progress, and performance which apply to other students
2238 participating in interscholastic or intrascholastic sports at a
2239 public school or FHSAA member private school.
2240 (b) The parents of a private school student participating
2241 in a public school sport under this subsection are responsible
2242 for transporting their child to and from the public school at
2243 which the student participates. The private school the student
2244 attends, the public school at which the student participates in
2245 a sport, the district school board, and the FHSAA are exempt
2246 from civil liability arising from any injury that occurs to the
2247 student during such transportation.
2248 (c) For each academic year, a private school student may
2249 only participate at the public school in which the student is
2250 first registered under sub-subparagraph (a)2.a. or makes himself
2251 or herself a candidate for an athletic team by engaging in a
2252 practice.
2253 (d) The athletic director of each participating FHSAA
2254 member public school shall maintain the student records
2255 necessary for eligibility, compliance, and participation in the
2256 program.
2257 (e) Any non-FHSAA member private school that has a student
2258 who wishes to participate in this program must make all student
2259 records, including, but not limited to, academic, financial,
2260 disciplinary, and attendance records, available upon request of
2261 the FHSAA.
2262 (f) A student must apply to participate in this program
2263 through the FHSAA program application process.
2264 (g) Only students who are enrolled in non-FHSAA member
2265 private schools consisting of 125 students or fewer are eligible
2266 to participate in the program in any given academic year.
2267 Section 35. Section 1006.16, Florida Statutes, is amended
2268 to read:
2269 1006.16 Insuring school students engaged in extracurricular
2270 athletic activities against injury.—A Any district school board,
2271 school athletic association, or school may formulate, conduct,
2272 and purchase a plan or method of insuring, or may self-insure,
2273 participants in extracurricular activities school students
2274 against injury sustained by reason of such participation
2275 students engaging and participating in the extracurricular
2276 athletic activities conducted or sponsored by the district
2277 school board, association, or school in which such students are
2278 enrolled. A district school board, school athletic association,
2279 or school may add a surcharge to the fee charged for admission
2280 to athletic events as a means of producing revenue to purchase
2281 such insurance or to provide self-insurance. A Any district
2282 school board may pay for all or part of such plan or method of
2283 insurance or self-insurance from available district school board
2284 funds. Insurance provided by a district school board for
2285 participants in extracurricular activities must cover home
2286 education and unaffiliated private school students participating
2287 in extracurricular activities at a district public school
2288 pursuant to s. 1006.15 under the same terms and conditions that
2289 apply to students enrolled in a district public school.
2290 Section 36. Section 1006.19, Florida Statutes, is amended
2291 to read:
2292 1006.19 Audit of records of nonprofit corporations and
2293 associations handling interscholastic activities.—
2294 (1) Each nonprofit association or corporation that operates
2295 for the purpose of supervising and controlling interscholastic
2296 activities of public high schools and whose membership is
2297 composed of duly certified representatives of public high
2298 schools, and whose rules and regulations are established by
2299 members thereof, shall have an annual financial audit of its
2300 accounts and records conducted by an independent certified
2301 public accountant retained by it and paid from its funds. The
2302 accountant shall furnish a copy of the audit report to the
2303 Auditor General within 30 days after completion of the audit. At
2304 least every 3 years, the Auditor General shall conduct an
2305 operational audit of the accounts and records of each nonprofit
2306 association.
2307 (2) Any such nonprofit association or corporation shall
2308 keep adequate and complete records of all moneys received by it,
2309 including the source and amount, and all moneys spent by it,
2310 including salaries, fees, expenses, travel allowances, and all
2311 other items of expense. All records of any such organization
2312 shall be open for inspection by the Auditor General.
2313 Section 37. Section 1006.20, Florida Statutes, is amended
2314 to read:
2315 1006.20 Athletics in public K-12 schools.—
2316 (1) GOVERNING NONPROFIT ASSOCIATION ORGANIZATION.—The
2317 Florida High School Athletic Association (FHSAA) is designated
2318 as the governing nonprofit association for purposes of
2319 membership in the National Federation of State High School
2320 Associations organization of athletics in Florida public
2321 schools. Following completion of each operational audit
2322 conducted pursuant to s. 1006.19, the Commissioner of Education
2323 shall review the FHSAA’s performance in governing
2324 interscholastic athletics in compliance with this part,
2325 including the guiding principles for student eligibility for
2326 extracurricular activities. If, at any time, the FHSAA fails to
2327 meet the provisions of this part section, the commissioner, with
2328 the approval of the State Board of Education, shall designate
2329 another a nonprofit association organization to govern
2330 interscholastic athletics in this state and serve as Florida’s
2331 voting member association of the National Federation of State
2332 High School Associations athletics with the approval of the
2333 State Board of Education. The FHSAA is not a state agency as
2334 defined in s. 120.52 but is. The FHSAA shall be subject to ss.
2335 1006.15-1006.19. Any special event fees, sanctioning fees,
2336 including third-party sanctioning fees, or contest receipts
2337 collected annually by the FHSAA may not exceed its actual costs
2338 to perform the function or duty that is the subject of or
2339 justification for the fee the provisions of s. 1006.19. The
2340 FHSAA shall offer a spectator seeking admission to athletic
2341 competitions the option of purchasing a single-day pass or a
2342 multiple-day pass that is at a cost below that which the
2343 spectator would pay on a per-event basis for the same number of
2344 contests A private school that wishes to engage in high school
2345 athletic competition with a public high school may become a
2346 member of the FHSAA. Any high school in the state, including
2347 private schools, traditional public schools, charter schools,
2348 virtual schools, and home education cooperatives, may become a
2349 member of the FHSAA and participate in the activities of the
2350 FHSAA. However, Membership in the FHSAA is not mandatory for any
2351 school. FHSAA shall allow a school the option of joining the
2352 association as a full-time member or on a per-sport basis and
2353 may not prohibit or discourage any school from simultaneously
2354 maintaining membership in FHSAA and another athletic
2355 association. The FHSAA may not deny or discourage
2356 interscholastic competition between its member schools and
2357 nonmember non-FHSAA member Florida schools, including members of
2358 another athletic association governing organization, and may not
2359 take any retributory or discriminatory action against any of its
2360 member schools that participate in interscholastic competition
2361 with nonmember non-FHSAA member Florida schools. The FHSAA may
2362 not unreasonably withhold its approval of an application to
2363 become an affiliate member of the National Federation of State
2364 High School Associations submitted by any other association
2365 organization that governs interscholastic athletic competition
2366 in this state which meets the requirements of this section. The
2367 commissioner may identify other associations that govern
2368 interscholastic athletic competition in compliance with this
2369 section The bylaws of the FHSAA are the rules by which high
2370 school athletic programs in its member schools, and the students
2371 who participate in them, are governed, unless otherwise
2372 specifically provided by statute. For the purposes of this
2373 section, “high school” includes grades 6 through 12.
2374 (2) STUDENT ELIGIBILITY REQUIREMENTS; RECRUITING ADOPTION
2375 OF BYLAWS, POLICIES; ELIGIBILITY DISPUTE RESOLUTION, OR
2376 GUIDELINES.—The FHSAA shall:
2377 (a) The FHSAA shall adopt bylaws that, unless specifically
2378 provided by statute, Establish eligibility requirements for all
2379 students who participate in high school athletic competition in
2380 its member schools. A The bylaws governing residence and
2381 transfer shall allow the student is to be eligible in the school
2382 in which he or she first enrolls each school year or the school
2383 in which the student makes himself or herself a candidate for an
2384 athletic team by engaging in a practice before prior to
2385 enrolling in the school. A student who transfers The bylaws
2386 shall also allow the student to be eligible in the school to
2387 which the student has transferred during the school year is
2388 eligible in the school to which he or she transfers if the
2389 transfer is made by a deadline established by the FHSAA, which
2390 may not be prior to the date authorized for the beginning of
2391 practice for the sport. These transfers shall be allowed
2392 pursuant to the district school board policies in the case of
2393 transfer to a public school or pursuant to the private school
2394 policies in the case of transfer to a private school. The
2395 student shall be eligible in that school so long as he or she
2396 remains enrolled in that school. Subsequent eligibility shall be
2397 determined and enforced through the FHSAA’s bylaws. Requirements
2398 governing eligibility and transfer between member schools shall
2399 be applied similarly to public school students and private
2400 school students.
2401 (b) The FHSAA shall adopt bylaws that specifically Prohibit
2402 the recruiting of students for athletic purposes and. The bylaws
2403 shall prescribe penalties and an appeals process, which shall be
2404 paid for by the FHSAA, for athletic recruiting violations. If it
2405 is determined that a school has recruited a student in violation
2406 of FHSAA bylaws, the FHSAA may require the school to participate
2407 in a higher classification for the sport in which the recruited
2408 student competes for a minimum of one classification cycle, in
2409 addition to any other appropriate fine and sanction imposed on
2410 the school, its coaches, or adult representatives who commit
2411 violate recruiting violations rules. An initial recruiting
2412 violation by an adult representative is punishable by a fine of
2413 $5,000. A second recruiting violation by the adult
2414 representative is punishable by a 1-year restriction of the
2415 adult representative from teaching or coaching at the school. A
2416 third recruiting violation by the adult representative is
2417 punishable by a 5-year suspension of the representative’s
2418 teaching license. A student may not be declared ineligible based
2419 on a recruiting violation only if of recruiting rules unless the
2420 student or parent has committed an act specified in s.
2421 1006.15(4)(b)1.b. or the FHSAA has imposed sanctions against the
2422 individuals or member school engaging in recruiting and the
2423 student or the parent has committed an act specified in s.
2424 1006.15(4)(b)1.c. The FHSAA may not limit the competition of a
2425 student athlete prospectively for a rule violation by his or her
2426 school, the school’s coach, or the student athlete’s adult
2427 representative. The FHSAA may not punish a student athlete for
2428 an eligibility or recruiting violation perpetrated by a
2429 teammate, coach, or administrator. A contest may not be
2430 forfeited for an inadvertent eligibility violation unless the
2431 coach or a school administrator should have known of the
2432 violation. Contests may not be forfeited for other eligibility
2433 violations or recruiting violations in excess of the number of
2434 contests from which the coaches and adult representatives
2435 responsible for the violations are prospectively suspended. The
2436 mass distribution of untargeted mailings, electronic mailings,
2437 or printed guides or booklets by or on behalf of a member school
2438 which include detailed information regarding the member school’s
2439 interscholastic athletic programs may not be considered
2440 violations of the FHSAA’s policies falsified any enrollment or
2441 eligibility document or accepted any benefit or any promise of
2442 benefit if such benefit is not generally available to the
2443 school’s students or family members or is based in any way on
2444 athletic interest, potential, or performance.
2445 (c) The FHSAA shall adopt bylaws that Require all students
2446 participating in interscholastic athletic competition or who are
2447 candidates for an interscholastic athletic team to
2448 satisfactorily pass a medical evaluation each year before prior
2449 to participating in interscholastic athletic competition or
2450 engaging in any practice, tryout, workout, or other physical
2451 activity associated with the student’s candidacy for an
2452 interscholastic athletic team. Such medical evaluation may be
2453 administered only by a practitioner licensed under chapter 458,
2454 chapter 459, chapter 460, or s. 464.012, and in good standing
2455 with the practitioner’s regulatory board. The FHSAA bylaws shall
2456 establish requirements for eliciting a student’s medical history
2457 and performing the medical evaluation required under this
2458 paragraph, which shall include a physical assessment of the
2459 student’s physical capabilities to participate in
2460 interscholastic athletic competition as contained in a uniform
2461 preparticipation physical evaluation and history form. The
2462 evaluation form shall incorporate the recommendations of the
2463 American Heart Association for participation in cardiovascular
2464 screening and shall provide a place for the signature of the
2465 practitioner performing the evaluation with an attestation that
2466 each examination procedure listed on the form was performed by
2467 the practitioner or by someone under the direct supervision of
2468 the practitioner. The form shall also contain a place for the
2469 practitioner to indicate if a referral to another practitioner
2470 was made in lieu of completion of a certain examination
2471 procedure. The form shall provide a place for the practitioner
2472 to whom the student was referred to complete the remaining
2473 sections and attest to that portion of the examination. The
2474 preparticipation physical evaluation form shall advise students
2475 to complete a cardiovascular assessment and shall include
2476 information concerning alternative cardiovascular evaluation and
2477 diagnostic tests. Results of such medical evaluation must be
2478 provided to the school. A No student is not shall be eligible to
2479 participate in any interscholastic athletic competition or
2480 engage in any practice, tryout, workout, or other physical
2481 activity associated with the student’s candidacy for an
2482 interscholastic athletic team until the results of the medical
2483 evaluation are have been received and approved by the school.
2484 (d) Notwithstanding the provisions of paragraph (c), allow
2485 a student to may participate in interscholastic athletic
2486 competition or be a candidate for an interscholastic athletic
2487 team if the parent of the student objects in writing to the
2488 student undergoing a medical evaluation because such evaluation
2489 is contrary to his or her religious tenets or practices.
2490 However, in such case, there shall be no liability on the part
2491 of any person or entity in a position to otherwise rely on the
2492 results of such medical evaluation for any damages resulting
2493 from the student’s injury or death arising directly from the
2494 student’s participation in interscholastic athletics where an
2495 undisclosed medical condition that would have been revealed in
2496 the medical evaluation is a proximate cause of the injury or
2497 death.
2498 (e) The FHSAA shall adopt bylaws that Regulate persons who
2499 conduct investigations on behalf of the FHSAA. The bylaws shall
2500 include provisions that require An investigator must to:
2501 1. Undergo level 2 background screening under s. 435.04,
2502 establishing that the investigator has not committed any
2503 disqualifying offense listed in s. 435.04, unless the
2504 investigator can provide proof of compliance with level 2
2505 screening standards submitted within the previous 5 years to
2506 meet any professional licensure requirements, provided:
2507 a. The investigator has not had a break in service from a
2508 position that requires level 2 screening for more than 90 days;
2509 and
2510 b. The investigator submits, under penalty of perjury, an
2511 affidavit verifying that the investigator has not committed any
2512 disqualifying offense listed in s. 435.04 and is in full
2513 compliance with this paragraph.
2514 2. Be appointed as an investigator by the FHSAA executive
2515 director.
2516 3. Carry a photo identification card that shows the FHSAA
2517 name and, logo, and the investigator’s official title.
2518 4. Adhere to the following guidelines:
2519 a. Investigate only those alleged violations assigned by
2520 the FHSAA executive director or the board of directors.
2521 b. Conduct interviews on Monday through Friday between the
2522 hours of 9 a.m. and 7 p.m. only, unless previously agreed to by
2523 the interviewee.
2524 c. Allow the parent of any student being interviewed to be
2525 present during the interview.
2526 d. Search residences or other private areas only with the
2527 permission of the FHSAA executive director and the written
2528 consent of the student’s parent and only with a parent or a
2529 representative of the parent present.
2530 (f) The FHSAA shall adopt bylaws that Establish sanctions
2531 for coaches who have committed major violations of the FHSAA’s
2532 bylaws and policies.
2533 1. Major violations include, but are not limited to,
2534 knowingly allowing an ineligible student to participate in a
2535 contest representing a member school in an interscholastic
2536 contest or committing a violation of the FHSAA’s recruiting or
2537 sports ethics sportsmanship policies.
2538 2. Sanctions placed upon an individual coach may include,
2539 but are not limited to, prohibiting or suspending the coach from
2540 coaching, participating in, or attending any athletic activity
2541 sponsored, recognized, or sanctioned by the FHSAA and the member
2542 school for which the coach committed the violation. If a coach
2543 is sanctioned by the FHSAA and the coach transfers to another
2544 member school, those sanctions remain in full force and effect
2545 during the term of the sanction.
2546 3. If a member school is assessed a financial penalty as a
2547 result of a coach committing a major violation, the coach shall
2548 reimburse the member school before being allowed to coach,
2549 participate in, or attend any athletic activity sponsored,
2550 recognized, or sanctioned by the FHSAA and a member school.
2551 4. The FHSAA shall establish a due process procedure for
2552 coaches sanctioned under this paragraph, consistent with the
2553 appeals procedures set forth in subsection (7).
2554 (g) Provide a process for the resolution of student
2555 eligibility disputes. The FHSAA shall provide an opportunity to
2556 resolve eligibility issues through an informal conference
2557 procedure. The FHSAA must provide written notice to the student
2558 athlete, parent, and member school stating specific findings of
2559 fact which support a determination of ineligibility. The student
2560 athlete must request an informal conference if he or she intends
2561 to contest the charges. The informal conference must be held
2562 within 10 days after receipt of the student athlete’s request.
2563 If the eligibility dispute is not resolved at the informal
2564 conference, the FHSAA shall provide a process for the timely and
2565 cost-effective resolution of an eligibility dispute using a
2566 neutral third party, including the use of retired or former
2567 judges, mediation, or arbitration. The neutral third party shall
2568 be selected by the parent of the student athlete from a list
2569 maintained by the FHSAA. A final determination regarding the
2570 eligibility dispute must be issued no later than 30 days after
2571 the informal conference. The FHSAA shall adopt bylaws
2572 establishing the process for resolving eligibility disputes must
2573 and standards by which FHSAA determinations of eligibility are
2574 made. Such bylaws shall provide that:
2575 1. Ineligibility must be established by clear and
2576 convincing evidence.;
2577 2. Student athletes, parents, and schools must have notice
2578 of the initiation of any investigation or other inquiry into
2579 eligibility and may present, to the investigator and to the
2580 individual or body making the eligibility determination, any
2581 information or evidence that is credible, persuasive, and of a
2582 kind reasonably prudent persons rely upon in the conduct of
2583 serious affairs.;
2584 3. An investigator may not determine matters of eligibility
2585 but must submit information and evidence to the individual or
2586 body designated by the FHSAA executive director or a person
2587 designated by the executive director or by the board of
2588 directors for an unbiased and objective determination of
2589 eligibility.; and
2590 4. A determination of ineligibility must be made in
2591 writing, setting forth the findings of fact and specific
2592 violation upon which the decision is based.
2593 5. Any proceedings concerning student athlete eligibility
2594 must be held in the county in which the student athlete resides
2595 and may be conducted by telephone, videoconference, or other
2596 electronic means.
2597 6. A student athlete may not be declared ineligible to
2598 participate in athletic competition until a final decision is
2599 issued by the neutral third party unless the determination of
2600 ineligibility is based on s. 1006.15(4)(b)1.a., e., or f. It is
2601 the responsibility of the member school to assess the facts
2602 underlying the eligibility dispute and any potential penalties
2603 that may result from a determination of ineligibility in
2604 deciding whether to allow the student athlete to continue to
2605 participate before a final eligibility determination. If a
2606 student is determined ineligible by the neutral third party, the
2607 school shall forfeit any contests in which the school won and in
2608 which the student athlete played. For the purposes of this
2609 subparagraph, the term “played” means the student athlete
2610 dressed out and actively participated in the contest.
2611 (h) In lieu of bylaws adopted under paragraph (g), the
2612 FHSAA may adopt bylaws providing as a minimum the procedural
2613 safeguards of ss. 120.569 and 120.57, making appropriate
2614 provision for appointment of unbiased and qualified hearing
2615 officers.
2616 (i) The FHSAA bylaws may not limit the competition of
2617 student athletes prospectively for rule violations of their
2618 school or its coaches or their adult representatives. The FHSAA
2619 bylaws may not unfairly punish student athletes for eligibility
2620 or recruiting violations perpetrated by a teammate, coach, or
2621 administrator. Contests may not be forfeited for inadvertent
2622 eligibility violations unless the coach or a school
2623 administrator should have known of the violation. Contests may
2624 not be forfeited for other eligibility violations or recruiting
2625 violations in excess of the number of contests that the coaches
2626 and adult representatives responsible for the violations are
2627 prospectively suspended.
2628 (h)(j) The FHSAA shall Adopt guidelines to educate athletic
2629 coaches, officials, administrators, and student athletes and
2630 their parents about of the nature and risk of concussion and
2631 head injury.
2632 (i)(k) The FHSAA shall adopt bylaws or policies that
2633 Require the parent of a student who is participating in
2634 interscholastic athletic competition or who is a candidate for
2635 an interscholastic athletic team to sign and return an informed
2636 consent that explains the nature and risk of concussion and head
2637 injury, including the risk of continuing to play after
2638 concussion or head injury, each year before participating in
2639 interscholastic athletic competition or engaging in any
2640 practice, tryout, workout, or other physical activity associated
2641 with the student’s candidacy for an interscholastic athletic
2642 team.
2643 (j)(l) The FHSAA shall adopt bylaws or policies that
2644 Require each student athlete who is suspected of sustaining a
2645 concussion or head injury in a practice or competition to be
2646 immediately removed from the activity. A student athlete who has
2647 been removed from an activity may not return to practice or
2648 competition until the student submits to the school a written
2649 medical clearance to return stating that the student athlete no
2650 longer exhibits signs, symptoms, or behaviors consistent with a
2651 concussion or other head injury. Medical clearance must be
2652 authorized by the appropriate health care practitioner trained
2653 in the diagnosis, evaluation, and management of concussions as
2654 defined by the Sports Medicine Advisory Committee of the Florida
2655 High School Athletic Association.
2656 (k)(m) Establish The FHSAA shall adopt bylaws for the
2657 establishment and duties of a sports medicine advisory committee
2658 composed of the following members:
2659 1. Eight physicians licensed under chapter 458 or chapter
2660 459, with at least one member licensed under chapter 459.
2661 2. One chiropractor licensed under chapter 460.
2662 3. One podiatrist licensed under chapter 461.
2663 4. One dentist licensed under chapter 466.
2664 5. Three athletic trainers licensed under part XIII of
2665 chapter 468.
2666 6. One member who is a current or retired head coach of a
2667 high school in the state.
2668 (3) GOVERNING STRUCTURE OF THE FHSAA.—
2669 (a) The FHSAA shall operate as a representative democracy
2670 in which the sovereign authority is within its member schools
2671 and the parents of students participating in interscholastic
2672 athletics within those schools. Except as provided in this
2673 section, the FHSAA shall govern its affairs through its bylaws.
2674 (b) Each member school, on its annual application for
2675 membership, shall name its official representative to the FHSAA.
2676 This representative must be either the school principal or his
2677 or her designee. That designee must either be an assistant
2678 principal or athletic director housed within that same school.
2679 (c) The governing board of the FHSAA shall consist of 16
2680 members composed proportionately of representatives from
2681 traditional public schools, public schools of choice, private
2682 schools, home education cooperatives, and parents of student
2683 athletes who are enrolled in such schools or programs. The
2684 governing board must also be constituted in a manner that
2685 provides for equitable representation among the various regions
2686 of the state where the association’s member schools are located.
2687 Any additional policymaking body established by the FHSAA must
2688 provide for proportionate representation of schools, programs,
2689 parents, and regions of the state as described in this paragraph
2690 FHSAA’s membership shall be divided along existing county lines
2691 into four contiguous and compact administrative regions, each
2692 containing an equal or nearly equal number of member schools to
2693 ensure equitable representation on the FHSAA’s board of
2694 directors, representative assembly, and appeals committees.
2695 (d) The FHSAA shall annually require each member of the
2696 governing board or other policymaking body to attend nonprofit
2697 governance training, which must include government in the
2698 sunshine, conflicts of interest, ethics, and student athlete
2699 centered decisionmaking consistent with the guiding principles
2700 for participation in extracurricular activities under s.
2701 1006.15.
2702 (4) BOARD OF DIRECTORS.—
2703 (a) The executive authority of the FHSAA shall be vested in
2704 its board of directors. Any entity that appoints members to the
2705 board of directors shall examine the ethnic and demographic
2706 composition of the board when selecting candidates for
2707 appointment and shall, to the greatest extent possible, make
2708 appointments that reflect state demographic and population
2709 trends. The board of directors shall be composed of 16 persons,
2710 as follows:
2711 1. Four public member school representatives, one elected
2712 from among its public school representative members within each
2713 of the four administrative regions.
2714 2. Four nonpublic member school representatives, one
2715 elected from among its nonpublic school representative members
2716 within each of the four administrative regions.
2717 3. Three representatives appointed by the commissioner, one
2718 appointed from the two northernmost administrative regions and
2719 one appointed from the two southernmost administrative regions.
2720 The third representative shall be appointed to balance the board
2721 for diversity or state population trends, or both.
2722 4. Two district school superintendents, one elected from
2723 the two northernmost administrative regions by the members in
2724 those regions and one elected from the two southernmost
2725 administrative regions by the members in those regions.
2726 5. Two district school board members, one elected from the
2727 two northernmost administrative regions by the members in those
2728 regions and one elected from the two southernmost administrative
2729 regions by the members in those regions.
2730 6. The commissioner or his or her designee from the
2731 department executive staff.
2732 (b) A quorum of the board of directors shall consist of
2733 nine members.
2734 (c) The board of directors shall elect a president and a
2735 vice president from among its members. These officers shall also
2736 serve as officers of the FHSAA.
2737 (d) Members of the board of directors shall serve terms of
2738 3 years and are eligible to succeed themselves only once. A
2739 member of the board of directors, other than the commissioner or
2740 his or her designee, may serve a maximum of 6 consecutive years.
2741 The FHSAA’s bylaws shall establish a rotation of terms to ensure
2742 that a majority of the members’ terms do not expire
2743 concurrently.
2744 (e) The authority and duties of the board of directors,
2745 acting as a body and in accordance with the FHSAA’s bylaws, are
2746 as follows:
2747 1. To act as the incorporated FHSAA’s board of directors
2748 and to fulfill its obligations as required by the FHSAA’s
2749 charter and articles of incorporation.
2750 2. To establish such guidelines, regulations, policies, and
2751 procedures as are authorized by the bylaws.
2752 3. To employ an FHSAA executive director, who shall have
2753 the authority to waive the bylaws of the FHSAA in order to
2754 comply with statutory changes.
2755 4. To levy annual dues and other fees and to set the
2756 percentage of contest receipts to be collected by the FHSAA.
2757 5. To approve the budget of the FHSAA.
2758 6. To organize and conduct statewide interscholastic
2759 competitions, which may or may not lead to state championships,
2760 and to establish the terms and conditions for these
2761 competitions.
2762 7. To act as an administrative board in the interpretation
2763 of, and final decision on, all questions and appeals arising
2764 from the directing of interscholastic athletics of member
2765 schools.
2766 (5) REPRESENTATIVE ASSEMBLY.—
2767 (a) The legislative authority of the FHSAA is vested in its
2768 representative assembly.
2769 (b) The representative assembly shall be composed of the
2770 following:
2771 1. An equal number of member school representatives from
2772 each of the four administrative regions.
2773 2. Four district school superintendents, one elected from
2774 each of the four administrative regions by the district school
2775 superintendents in their respective administrative regions.
2776 3. Four district school board members, one elected from
2777 each of the four administrative regions by the district school
2778 board members in their respective administrative regions.
2779 4. The commissioner or his or her designee from the
2780 department executive staff.
2781 (c) The FHSAA’s bylaws shall establish the number of member
2782 school representatives to serve in the representative assembly
2783 from each of the four administrative regions and shall establish
2784 the method for their selection.
2785 (d) No member of the board of directors other than the
2786 commissioner or his or her designee can serve in the
2787 representative assembly.
2788 (e) The representative assembly shall elect a chairperson
2789 and a vice chairperson from among its members.
2790 (f) Elected members of the representative assembly shall
2791 serve terms of 2 years and are eligible to succeed themselves
2792 for two additional terms. An elected member, other than the
2793 commissioner or his or her designee, may serve a maximum of 6
2794 consecutive years in the representative assembly.
2795 (g) A quorum of the representative assembly consists of one
2796 more than half of its members.
2797 (h) The authority of the representative assembly is limited
2798 to its sole duty, which is to consider, adopt, or reject any
2799 proposed amendments to the FHSAA’s bylaws.
2800 (i) The representative assembly shall meet as a body
2801 annually. A two-thirds majority of the votes cast by members
2802 present is required for passage of any proposal.
2803 (6) PUBLIC LIAISON ADVISORY COMMITTEE.—
2804 (a) The FHSAA shall establish, sustain, fund, and provide
2805 staff support to a public liaison advisory committee composed of
2806 the following:
2807 1. The commissioner or his or her designee.
2808 2. A member public school principal.
2809 3. A member private school principal.
2810 4. A member school principal who is a member of a racial
2811 minority.
2812 5. An active athletic director.
2813 6. An active coach, who is employed full time by a member
2814 school.
2815 7. A student athlete.
2816 8. A district school superintendent.
2817 9. A district school board member.
2818 10. A member of the Florida House of Representatives.
2819 11. A member of the Florida Senate.
2820 12. A parent of a high school student.
2821 13. A member of a home education association.
2822 14. A representative of the business community.
2823 15. A representative of the news media.
2824 (b) No member of the board of directors, committee on
2825 appeals, or representative assembly is eligible to serve on the
2826 public liaison advisory committee.
2827 (c) The public liaison advisory committee shall elect a
2828 chairperson and vice chairperson from among its members.
2829 (d) The authority and duties of the public liaison advisory
2830 committee are as follows:
2831 1. To act as a conduit through which the general public may
2832 have input into the decisionmaking process of the FHSAA and to
2833 assist the FHSAA in the development of procedures regarding the
2834 receipt of public input and disposition of complaints related to
2835 high school athletic and competition programs.
2836 2. To conduct public hearings annually in each of the four
2837 administrative regions during which interested parties may
2838 address issues regarding the effectiveness of the rules,
2839 operation, and management of the FHSAA.
2840 3. To conduct an annual evaluation of the FHSAA as a whole
2841 and present a report of its findings, conclusion, and
2842 recommendations to the board of directors, to the commissioner,
2843 and to the respective education committees of the Florida Senate
2844 and the Florida House of Representatives. The recommendations
2845 must delineate policies and procedures that will improve the
2846 implementation and oversight of high school athletic programs by
2847 the FHSAA.
2848 (e) The public liaison advisory committee shall meet four
2849 times annually. Additional meetings may be called by the
2850 committee chairperson, the FHSAA president, or the FHSAA
2851 executive director.
2852 (7) APPEALS.—
2853 (a) The FHSAA shall establish a procedure of due process
2854 which ensures each student the opportunity to appeal an
2855 unfavorable ruling with regard to his or her eligibility to
2856 compete. The initial appeal shall be made to a committee on
2857 appeals within the administrative region in which the student
2858 lives. The FHSAA’s bylaws shall establish the number, size, and
2859 composition of each committee on appeals.
2860 (b) No member of the board of directors is eligible to
2861 serve on a committee on appeals.
2862 (c) Members of a committee on appeals shall serve terms of
2863 3 years and are eligible to succeed themselves only once. A
2864 member of a committee on appeals may serve a maximum of 6
2865 consecutive years. The FHSAA’s bylaws shall establish a rotation
2866 of terms to ensure that a majority of the members’ terms do not
2867 expire concurrently.
2868 (d) The authority and duties of a committee on appeals
2869 shall be to consider requests by member schools seeking
2870 exceptions to bylaws and regulations, to hear undue hardship
2871 eligibility cases filed by member schools on behalf of student
2872 athletes, and to hear appeals filed by member schools or student
2873 athletes.
2874 (e) A student athlete or member school that receives an
2875 unfavorable ruling from a committee on appeals shall be entitled
2876 to appeal that decision to the board of directors at its next
2877 regularly scheduled meeting or called meeting. The board of
2878 directors shall have the authority to uphold, reverse, or amend
2879 the decision of the committee on appeals. In all such cases, the
2880 decision of the board of directors shall be final.
2881 (f) The FHSAA shall expedite the appeals process on
2882 determinations of ineligibility so that disposition of the
2883 appeal can be made before the end of the applicable sports
2884 season, if possible.
2885 (g) In any appeal from a decision on eligibility made by
2886 the executive director or a designee, a school or student
2887 athlete filing the appeal must be permitted to present
2888 information and evidence that was not available at the time of
2889 the initial determination or if the determination was not made
2890 by an unbiased, objective individual using a process allowing
2891 full due process rights to be heard and to present evidence. If
2892 evidence is presented on appeal, a de novo decision must be made
2893 by the committee or board hearing the appeal, or the
2894 determination may be suspended and the matter remanded for a new
2895 determination based on all the evidence. If a de novo decision
2896 is made on appeal, the decision must be made in writing, setting
2897 forth the findings of fact and specific violation upon which the
2898 decision is based. If a de novo decision is not required, the
2899 decision appealed must be set aside if the decision on
2900 ineligibility was not based on clear and convincing evidence.
2901 Any further appeal shall be considered on a record that includes
2902 all evidence presented.
2903 (8) AMENDMENT OF BYLAWS.—Each member school representative,
2904 the board of directors acting as a whole or as members acting
2905 individually, any advisory committee acting as a whole to be
2906 established by the FHSAA, and the FHSAA’s executive director are
2907 empowered to propose amendments to the bylaws. Any other
2908 individual may propose an amendment by securing the sponsorship
2909 of any of the aforementioned individuals or bodies. All proposed
2910 amendments must be submitted directly to the representative
2911 assembly for its consideration. The representative assembly,
2912 while empowered to adopt, reject, or revise proposed amendments,
2913 may not, in and of itself, as a body be allowed to propose any
2914 amendment for its own consideration.
2915 Section 38. Present subsections (5) and (6) of section
2916 1006.735, Florida Statutes, are redesignated as subsections (6)
2917 and (7), respectively, and a new subsection (5) is added to that
2918 section, to read:
2919 1006.735 Complete Florida Plus Program.—The Complete
2920 Florida Plus Program is created at the University of West
2921 Florida.
2922 (5) RAPID RESPONSE EDUCATION AND TRAINING PROGRAM.—The
2923 Rapid Response Education and Training Program is established
2924 within the Complete Florida Plus Program. Under the Rapid
2925 Response Education and Training Program, the Complete Florida
2926 Plus Program shall work directly with Enterprise Florida, Inc.,
2927 in project-specific industry recruitment and retention efforts
2928 to offer credible education and training commitments to
2929 businesses.
2930 (a) The Rapid Response Education and Training Program must:
2931 1. Issue challenge grants through requests for proposals
2932 that are open to all education and training providers, public or
2933 private. These grants match state funding with education and
2934 training provider funds to implement particular education and
2935 training programs.
2936 2. Generate periodic reports from an independent forensic
2937 accounting or auditing entity to ensure transparency of the
2938 program. These periodic reports must be submitted to the
2939 President of the Senate and the Speaker of the House of
2940 Representatives.
2941 3. Keep administrative costs to a minimum through the use
2942 of existing organizational structures.
2943 4. Work directly with businesses to recruit individuals for
2944 education and training.
2945 5. Be able to terminate an education and training program
2946 by giving 30 days’ notice.
2947 6. Survey employers after completion of an education and
2948 training program to ascertain the effectiveness of the program.
2949 (b) The Division of Career and Adult Education within the
2950 Department of Education shall conduct an analysis and assessment
2951 of the effectiveness of the education and training programs
2952 under this section in meeting labor market and occupational
2953 trends and gaps.
2954 Section 39. Subsection (2) of section 1007.01, Florida
2955 Statutes, is amended to read:
2956 1007.01 Articulation; legislative intent; purpose; role of
2957 the State Board of Education and the Board of Governors;
2958 Articulation Coordinating Committee.—
2959 (2) To preserve Florida’s “2+2” system of articulation and
2960 improve and facilitate articulation systemwide, the State Board
2961 of Education and the Board of Governors shall collaboratively
2962 establish and adopt policies with input from statewide K-20
2963 advisory groups established by the Commissioner of Education and
2964 the Chancellor of the State University System and shall
2965 recommend the policies to the Legislature. The policies shall
2966 relate to:
2967 (a) The alignment between the exit requirements of one
2968 education system and the admissions requirements of another
2969 education system into which students typically transfer.
2970 (b) The identification of common courses, the level of
2971 courses, institutional participation in a statewide course
2972 numbering system, and the transferability of credits among such
2973 institutions.
2974 (c) Identification of courses that meet general education
2975 or common degree program prerequisite requirements at public
2976 postsecondary educational institutions.
2977 (d) Dual enrollment course equivalencies.
2978 (e) Articulation agreements.
2979 (f) The application of credit hours earned through CAPE
2980 industry certifications pursuant to s. 1008.44 and acceleration
2981 mechanisms, including nationally standardized examinations, to
2982 general education, associate degree, or baccalaureate degree
2983 requirements.
2984 (g) The application of credit hours earned at Florida
2985 Community College System institutions to general education,
2986 associate degree, or baccalaureate degree requirements at state
2987 universities.
2988 Section 40. Subsection (1) of section 1007.23, Florida
2989 Statutes, is amended to read:
2990 1007.23 Statewide articulation agreement.—
2991 (1) The State Board of Education and the Board of Governors
2992 shall enter into a statewide articulation agreement which the
2993 State Board of Education shall adopt by rule. The agreement must
2994 preserve Florida’s “2+2” system of articulation, facilitate the
2995 seamless articulation of student credit across and among
2996 Florida’s educational entities, and reinforce the provisions of
2997 this chapter by governing:
2998 (a) Articulation between secondary and postsecondary
2999 education;
3000 (b) Admission of associate in arts degree graduates from
3001 Florida Community College System institutions and state
3002 universities;
3003 (c) Admission of applied technology diploma program
3004 graduates from Florida Community College System institutions or
3005 career centers;
3006 (d) Admission of associate in science degree and associate
3007 in applied science degree graduates from Florida Community
3008 College System institutions;
3009 (e) The application use of credit hours earned through CAPE
3010 industry certifications pursuant to s. 1008.44 and acceleration
3011 mechanisms, including nationally standardized examinations, to
3012 general education, associate degree, or baccalaureate degree
3013 requirements through which students may earn credit;
3014 (f) General education requirements and statewide course
3015 numbers as provided for in ss. 1007.24 and 1007.25; and
3016 (g) Articulation among programs in nursing; and
3017 (h) The application of credit hours earned at Florida
3018 Community College System institutions to general education,
3019 associate degree, or baccalaureate degree requirements at state
3020 universities.
3021 Section 41. Subsections (2), (10), (11), (13), (16), (17),
3022 (22), (23), and (24) of section 1007.271, Florida Statutes, are
3023 amended to read:
3024 1007.271 Dual enrollment programs.—
3025 (2) For the purpose of this section, an eligible secondary
3026 student is a student who is enrolled in any of grades 6 through
3027 12 in a Florida public school or in a Florida private school
3028 that is in compliance with s. 1002.42(2) and provides a
3029 secondary curriculum pursuant to s. 1003. 4282. A student
3030 Students who is are eligible for dual enrollment pursuant to
3031 this section may enroll in dual enrollment courses conducted
3032 during school hours, after school hours, and during the summer
3033 term. However, if the student is projected to graduate from high
3034 school before the scheduled completion date of a postsecondary
3035 course, the student may not register for that course through
3036 dual enrollment. The student may apply to the postsecondary
3037 institution and pay the required registration, tuition, and fees
3038 if the student meets the postsecondary institution’s admissions
3039 requirements under s. 1007.263. Instructional time for dual
3040 enrollment may vary from 900 hours; however, the full-time
3041 equivalent student membership value is shall be subject to the
3042 provisions in s. 1011.61(4). A student enrolled as a dual
3043 enrollment student is exempt from the payment of registration,
3044 tuition, technology, and laboratory fees. Applied academics for
3045 adult education instruction, developmental education, and other
3046 forms of precollegiate instruction, as well as physical
3047 education courses that focus on the physical execution of a
3048 skill, rather than the intellectual attributes of the activity,
3049 are ineligible for inclusion in the dual enrollment program.
3050 Recreation and leisure studies courses shall be evaluated
3051 individually in the same manner as physical education courses
3052 for potential inclusion in the program.
3053 (10) Early admission is a form of dual enrollment through
3054 which an eligible secondary student enrolls students enroll in a
3055 postsecondary institution on a full-time basis in courses that
3056 are creditable toward the high school diploma and the associate
3057 or baccalaureate degree. A student must enroll in a minimum of
3058 12 college credit hours per semester or the equivalent to
3059 participate in the early admission program; however, a student
3060 may not be required to enroll in more than 15 college credit
3061 hours per semester or the equivalent. A student Students
3062 enrolled pursuant to this subsection is are exempt from the
3063 payment of registration, tuition, technology, and laboratory
3064 fees.
3065 (11) Career early admission is a form of career dual
3066 enrollment through which an eligible secondary student enrolls
3067 students enroll full time in a career center or a Florida
3068 College System institution in postsecondary programs leading to
3069 industry certifications, as listed in the Postsecondary Industry
3070 Certification Funding List pursuant to s. 1008.44, which are
3071 creditable toward the high school diploma and the certificate or
3072 associate degree. Participation in the career early admission
3073 program is limited to students who have completed a minimum of 4
3074 semesters of full-time secondary enrollment, including studies
3075 undertaken in the ninth grade 9. A student Students enrolled
3076 pursuant to this section is are exempt from the payment of
3077 registration, tuition, technology, and laboratory fees.
3078 (13)(a) The dual enrollment program for a home education
3079 student students consists of the enrollment of an eligible home
3080 education secondary student in a postsecondary course creditable
3081 toward an associate degree, a career certificate, or a
3082 baccalaureate degree. To participate in the dual enrollment
3083 program, an eligible home education secondary student must:
3084 1. Provide proof of enrollment in a home education program
3085 pursuant to s. 1002.41.
3086 2. Be responsible for his or her own instructional
3087 materials and transportation unless provided for in the
3088 articulation agreement otherwise.
3089 3. Sign a home education articulation agreement pursuant to
3090 paragraph (b).
3091 (b) Each postsecondary institution that is eligible to
3092 participate in the dual enrollment program pursuant to s.
3093 1011.62(1)(i) must shall enter into a home education
3094 articulation agreement with each home education student seeking
3095 enrollment in a dual enrollment course and the student’s parent.
3096 By August 1 of each year, the applicable postsecondary
3097 institution shall complete and submit the home education
3098 articulation agreement to the Department of Education. The home
3099 education articulation agreement must shall include, at a
3100 minimum:
3101 1. A delineation of courses and programs available to a
3102 dually enrolled home education student who participates in a
3103 dual enrollment program students. The postsecondary institution
3104 may add, revise, or delete courses and programs may be added,
3105 revised, or deleted at any time by the postsecondary
3106 institution.
3107 2. The initial and continued eligibility requirements for
3108 home education student participation, not to exceed those
3109 required of other dual enrollment dually enrolled students.
3110 3. A provision expressing whether the postsecondary
3111 institution or the student is responsible The student’s
3112 responsibilities for providing his or her own instructional
3113 materials and transportation.
3114 4. A copy of the statement on transfer guarantees developed
3115 by the Department of Education under subsection (15).
3116 (16) A student Students who meets meet the eligibility
3117 requirements of this section and who chooses choose to
3118 participate in dual enrollment programs is are exempt from the
3119 payment of registration, tuition, technology, and laboratory
3120 fees.
3121 (17) Instructional materials assigned for use in within
3122 dual enrollment courses shall be made available to dual
3123 enrollment students from Florida public high schools free of
3124 charge. This subsection does not prohibit a postsecondary
3125 Florida College System institution from providing instructional
3126 materials at no cost to a home education student or student from
3127 a private school, if provided for in the articulation agreement.
3128 Instructional materials purchased by a district school board or
3129 Florida College System institution board of trustees on behalf
3130 of dual enrollment students are shall be the property of the
3131 board against which the purchase is charged.
3132 (22) The Department of Education shall develop an
3133 electronic submission system for dual enrollment articulation
3134 agreements and shall review, for compliance, each dual
3135 enrollment articulation agreement submitted pursuant to
3136 subsections (13), subsection (21), and (24). The Commissioner of
3137 Education shall notify the district school superintendent and
3138 the president of the postsecondary institution that is eligible
3139 to participate in the dual enrollment program pursuant to s.
3140 1011.62(1)(i) Florida College System institution president if
3141 the dual enrollment articulation agreement does not comply with
3142 statutory requirements and shall submit any dual enrollment
3143 articulation agreement with unresolved issues of noncompliance
3144 to the State Board of Education.
3145 (23) A district school board boards and a Florida College
3146 System institution institutions may enter into an additional
3147 dual enrollment articulation agreement agreements with a state
3148 university universities for the purposes of this section. A
3149 school district districts may also enter into a dual enrollment
3150 articulation agreement agreements with an eligible independent
3151 college or university colleges and universities pursuant to s.
3152 1011.62(1)(i). By August 1 of each year, the district school
3153 board and the Florida College System institution shall complete
3154 and submit the dual enrollment articulation agreement with the
3155 state university and an eligible independent college or
3156 university, as applicable, to the Department of Education.
3157 (24)(a) The dual enrollment program for a private school
3158 student consists of the enrollment of an eligible private school
3159 student in a postsecondary course creditable toward an associate
3160 degree, a career certificate, or a baccalaureate degree. In
3161 addition, the private school in which the student is enrolled
3162 must award credit toward high school completion for the
3163 postsecondary course under the dual enrollment program. To
3164 participate in the dual enrollment program, an eligible private
3165 school student shall:
3166 1. Provide proof of enrollment in a private school pursuant
3167 to subsection (2).
3168 2. Be responsible for his or her own instructional
3169 materials and transportation unless provided for in the
3170 articulation agreement.
3171 3. Sign a private school articulation agreement pursuant to
3172 paragraph (b).
3173 (b) Each postsecondary institution that is eligible to
3174 participate in the dual enrollment program pursuant to s.
3175 1011.62(1)(i) must enter into a private school articulation
3176 agreement with each private school student seeking enrollment in
3177 a dual enrollment course and the student’s parent. By August 1
3178 of each year, the applicable postsecondary institution shall
3179 complete and submit the private school articulation agreement to
3180 the Department of Education. The articulation agreement must
3181 include, at a minimum:
3182 1. A delineation of courses and programs available to a
3183 private school student who participates in a dual enrollment
3184 program. The postsecondary institution may add, revise, or
3185 delete courses and programs at any time.
3186 2. The initial and continued eligibility requirements for
3187 private school student participation, not to exceed those
3188 required of other dual enrollment students.
3189 3. A provision expressing whether the postsecondary
3190 institution or the student is responsible for providing
3191 instructional materials and transportation.
3192 4. A copy of the statement on transfer guarantees developed
3193 by the Department of Education under subsection (15)
3194 Postsecondary institutions may enter into dual enrollment
3195 articulation agreements with private secondary schools pursuant
3196 to subsection (2).
3197 Section 42. Subsection (3) of section 1007.273, Florida
3198 Statutes, is amended to read:
3199 1007.273 Collegiate high school program.—
3200 (3) Each district school board and its local Florida
3201 Community College System institution shall execute a contract to
3202 establish one or more collegiate high school programs at a
3203 mutually agreed upon location or locations. The contract between
3204 the district school board and the Florida Community College
3205 System institution may not establish an enrollment cap for the
3206 collegiate high school program. Each school district must
3207 document and annually report to the department the number of
3208 students accepted into or denied access to the collegiate high
3209 school program. Each Florida Community College System
3210 institution must document and annually report to the department
3211 the percent of collegiate high school program students in its
3212 institution relative to the total lower level full-time
3213 equivalent enrollment at that institution. Beginning with the
3214 2015-2016 school year, if the institution does not establish a
3215 program with a district school board in its designated service
3216 area, another Florida Community College System institution may
3217 execute a contract with that district school board to establish
3218 the program. The contract must be executed by January 1 of each
3219 school year for implementation of the program during the next
3220 school year. The contract must:
3221 (a) Identify the grade levels to be included in the
3222 collegiate high school program which must, at a minimum, include
3223 grade 12.
3224 (b) Describe the collegiate high school program, including
3225 the delineation of courses and industry certifications offered,
3226 including online course availability; the high school and
3227 college credits earned for each postsecondary course completed
3228 and industry certification earned; student eligibility criteria;
3229 and the enrollment process and relevant deadlines.
3230 (c) Describe the methods, medium, and process by which
3231 students and their parents are annually informed about the
3232 availability of the collegiate high school program, the return
3233 on investment associated with participation in the program, and
3234 the information described in paragraphs (a) and (b).
3235 (d) Identify the delivery methods for instruction and the
3236 instructors for all courses.
3237 (e) Identify student advising services and progress
3238 monitoring mechanisms.
3239 (f) Establish a program review and reporting mechanism
3240 regarding student performance outcomes.
3241 (g) Describe the terms of funding arrangements to implement
3242 the collegiate high school program.
3243 Section 43. Subsections (1), (4), and (5) of section
3244 1007.33, Florida Statutes, are amended, present subsection (6)
3245 of that section is redesignated as subsection (7), and a new
3246 subsection (6) is added to that section, to read:
3247 1007.33 Site-determined baccalaureate degree access.—
3248 (1)(a) The Legislature recognizes that public and private
3249 postsecondary educational institutions play an essential role in
3250 improving the quality of life and economic well-being of the
3251 state and its residents. The Legislature also recognizes that
3252 economic development needs and the educational needs of place
3253 bound, nontraditional students have increased the demand for
3254 local access to baccalaureate degree programs. It is therefore
3255 the intent of the Legislature to further expand access to
3256 baccalaureate degree programs through the use of Florida
3257 Community College System institutions.
3258 (b) For purposes of this section, the term “district”
3259 refers to the county or counties served by a Florida Community
3260 College System institution pursuant to s. 1000.21(3).
3261 (4) A Florida Community College System institution may:
3262 (a) Offer specified baccalaureate degree programs through
3263 formal agreements between the Florida Community College System
3264 institution and other regionally accredited postsecondary
3265 educational institutions pursuant to s. 1007.22.
3266 (b) Offer baccalaureate degree programs that are were
3267 authorized by law prior to July 1, 2009.
3268 (c) Beginning July 1, 2009, establish a first or subsequent
3269 baccalaureate degree program for purposes of meeting district,
3270 regional, or statewide workforce needs if approved by the State
3271 Board of Education under this section. However, a Florida
3272 Community College System institution may not offer a Bachelor of
3273 Arts degree program.
3274
3275 Beginning July 1, 2009, the Board of Trustees of St. Petersburg
3276 College is authorized to establish one or more bachelor of
3277 applied science degree programs based on an analysis of
3278 workforce needs in Pinellas, Pasco, and Hernando Counties and
3279 other counties approved by the Department of Education. For each
3280 program selected, St. Petersburg College must offer a related
3281 associate in science or associate in applied science degree
3282 program, and the baccalaureate degree level program must be
3283 designed to articulate fully with at least one associate in
3284 science degree program. The college is encouraged to develop
3285 articulation agreements for enrollment of graduates of related
3286 associate in applied science degree programs. The Board of
3287 Trustees of St. Petersburg College is authorized to establish
3288 additional baccalaureate degree programs if it determines a
3289 program is warranted and feasible based on each of the factors
3290 in paragraph (5)(d). However, the Board of Trustees of St.
3291 Petersburg College may not establish any new baccalaureate
3292 degree programs from March 31, 2014, through May 31, 2015. Prior
3293 to developing or proposing a new baccalaureate degree program,
3294 St. Petersburg College shall engage in need, demand, and impact
3295 discussions with the state university in its service district
3296 and other local and regional, accredited postsecondary providers
3297 in its region. Documentation, data, and other information from
3298 inter-institutional discussions regarding program need, demand,
3299 and impact shall be provided to the college’s board of trustees
3300 to inform the program approval process. Employment at St.
3301 Petersburg College is governed by the same laws that govern
3302 Florida College System institutions, except that upper-division
3303 faculty are eligible for continuing contracts upon the
3304 completion of the fifth year of teaching. Employee records for
3305 all personnel shall be maintained as required by s. 1012.81.
3306 (5) The approval process for baccalaureate degree programs
3307 requires shall require:
3308 (a) Each Florida Community College System institution to
3309 submit a notice of its intent to propose a baccalaureate degree
3310 program to the Division of Florida Community Colleges at least
3311 120 100 days before the submission of its proposal under
3312 paragraph (c)(d). The notice must include a brief description of
3313 the program, the workforce demand and unmet need for graduates
3314 of the program to include evidence from entities independent of
3315 the institution, the geographic region to be served, and an
3316 estimated timeframe for implementation. Notices of intent may be
3317 submitted by a Florida Community College System institution at
3318 any time throughout the year. The notice must also include
3319 evidence that the Florida Community College System institution
3320 engaged in need, demand, and impact discussions with the state
3321 university and other regionally accredited postsecondary
3322 education providers in its service district.
3323 (b) The Division of Florida Community Colleges to forward
3324 the notice of intent submitted pursuant to paragraph (a) and the
3325 justification for the proposed baccalaureate degree program
3326 submitted pursuant to paragraph (c) within 10 business days
3327 after receiving such notice and justification to the Chancellor
3328 of the State University System, the President of the Independent
3329 Colleges and Universities of Florida, and the Executive Director
3330 of the Commission for Independent Education. State universities
3331 shall have 90 60 days following receipt of the justification
3332 notice by the Chancellor of the State University System to
3333 submit an objection, including a reason for such objection,
3334 objections to the proposed new program or submit an alternative
3335 proposal to offer the baccalaureate degree program. The
3336 chancellor shall review the objection raised by a state
3337 university and inform the Board of Governors of such objection
3338 before the university submits its objection to the State Board
3339 of Education. The State Board of Education must consult with the
3340 Chancellor of the State University System to consider the
3341 objection raised by a state university in making its decision to
3342 approve or deny a Florida Community College System institution’s
3343 proposal. If a proposal from a state university is not received
3344 within the 60-day period, The State Board of Education shall
3345 also provide regionally accredited private colleges and
3346 universities 90 30 days to submit objections to the proposed new
3347 program or submit an alternative proposal. Objections or
3348 alternative proposals shall be submitted to the Division of
3349 Florida Community Colleges and must be considered by the State
3350 Board of Education in making its decision to approve or deny a
3351 Florida Community College System institution’s proposal.
3352 (c) An alternative proposal submitted by a state university
3353 or private college or university to adequately address:
3354 1. The extent to which the workforce demand and unmet need
3355 described in the notice of intent will be met.
3356 2. The extent to which students will be able to complete
3357 the degree in the geographic region proposed to be served by the
3358 Florida College System institution.
3359 3. The level of financial commitment of the college or
3360 university to the development, implementation, and maintenance
3361 of the specified degree program, including timelines.
3362 4. The extent to which faculty at both the Florida College
3363 System institution and the college or university will
3364 collaborate in the development and offering of the curriculum.
3365 5. The ability of the Florida College System institution
3366 and the college or university to develop and approve the
3367 curriculum for the specified degree program within 6 months
3368 after an agreement between the Florida College System
3369 institution and the college or university is signed.
3370 6. The extent to which the student may incur additional
3371 costs above what the student would expect to incur if the
3372 program were offered by the Florida College System institution.
3373 (d) Each proposal submitted by a Florida Community College
3374 System institution to, at a minimum, include:
3375 1. A description of the planning process and timeline for
3376 implementation.
3377 2. A justification for the proposed baccalaureate degree
3378 program including, at a minimum, a data-driven An analysis of
3379 workforce demand and unmet need for graduates of the program on
3380 a district, regional, or statewide basis, as appropriate, and
3381 the extent to which the proposed program will meet the workforce
3382 demand and unmet need. The analysis must include workforce and
3383 employment data for the most recent 5 years and projections for
3384 the next 3 years, and a summary of degree programs, similar to
3385 the proposed degree program, which are currently offered by
3386 state universities or by independent nonprofit colleges or
3387 universities that are eligible to participate in the William L.
3388 Boyd, IV, Florida Resident Access Grant Program, which are
3389 located in the Florida Community College System institution’s
3390 regional service area. The analysis must be verified by a third
3391 party professional entity that is including evidence from
3392 entities independent of the Florida Community College System
3393 institution. A Florida Community College System institution must
3394 submit the justification to the Division of Florida Community
3395 Colleges within 30 days after forwarding the institution’s
3396 intent to propose a baccalaureate degree program. The division
3397 must forward the justification for the proposed baccalaureate
3398 degree program within 10 business days after receiving such
3399 justification to the Chancellor of the State University System,
3400 the President of the Independent Colleges and Universities of
3401 Florida, and the Executive Director of the Commission for
3402 Independent Education.
3403 3. Identification of the facilities, equipment, and library
3404 and academic resources that will be used to deliver the program.
3405 4. The program cost analysis of creating a new
3406 baccalaureate degree when compared to alternative proposals and
3407 other program delivery options.
3408 5. The program’s admission requirements, academic content,
3409 curriculum, faculty credentials, student-to-teacher ratios, and
3410 accreditation plan.
3411 6. The program’s enrollment projections and funding
3412 requirements, including the institution’s efforts to sustain the
3413 program at the cost of tuition and fees for students who are
3414 classified as residents for tuition purposes under s. 1009.21,
3415 not to exceed $10,000 for the entire degree program, including
3416 utilization of waivers pursuant to s. 1009.26(11).
3417 7. A plan of action if the program is terminated.
3418 (d)(e) The Division of Florida Community Colleges to review
3419 the proposal, notify the Florida Community College System
3420 institution of any deficiencies in writing within 30 days
3421 following receipt of the proposal, and provide the Florida
3422 Community College System institution with an opportunity to
3423 correct the deficiencies. Within 45 days following receipt of a
3424 completed proposal by the Division of Florida Community
3425 Colleges, after consultation with the Chancellor of the State
3426 University System and the President of the Independent Colleges
3427 and Universities of Florida, the Commissioner of Education shall
3428 recommend approval or disapproval of the proposal to the State
3429 Board of Education. The State Board of Education shall consider
3430 such recommendation, the proposal, input from the chancellor and
3431 the president, and any objections or alternative proposals at
3432 its next meeting. If the State Board of Education disapproves
3433 the Florida Community College System institution’s proposal, it
3434 shall provide the Florida Community College System institution
3435 with written reasons for that determination.
3436 (e)(f) The Florida Community College System institution to
3437 obtain from the Commission on Colleges of the Southern
3438 Association of Colleges and Schools accreditation as a
3439 baccalaureate-degree-granting institution if approved by the
3440 State Board of Education to offer its first baccalaureate degree
3441 program.
3442 (f)(g) The Florida Community College System institution to
3443 notify the Commission on Colleges of the Southern Association of
3444 Colleges and Schools of subsequent degree programs that are
3445 approved by the State Board of Education and to comply with the
3446 association’s required substantive change protocols for
3447 accreditation purposes.
3448 (g)(h) The Florida Community College System institution to
3449 annually report to, and upon request of the State Board of
3450 Education, the Commissioner of Education, the Chancellor of the
3451 Florida Community College System, the Chancellor of the State
3452 University System, and or the Legislature, report its status
3453 using the following performance and compliance indicators:
3454 1. Obtaining and maintaining appropriate Southern
3455 Association of Colleges and Schools accreditation;
3456 2. Maintaining qualified faculty and institutional
3457 resources;
3458 3. Maintaining enrollment in previously approved programs;
3459 4. Managing fiscal resources appropriately;
3460 5. Complying with the primary mission and responsibility
3461 requirements in subsections (2) and (3); and
3462 6. Other indicators of success, including program
3463 completions, employment and earnings outcomes, acceptance into
3464 and performance in graduate programs placements, and surveys of
3465 graduates and employers; and
3466 7. Continuing to meet workforce demand, as provided in
3467 subparagraph (c)2., as demonstrated through a data-driven needs
3468 assessment by the Florida Community College System institution,
3469 which is verified by a third-party professional entity that is
3470 independent of the institution.
3471
3472 The State Board of Education, upon annual review of the
3473 baccalaureate degree program performance and compliance
3474 indicators and needs assessment, may require a Florida Community
3475 College System institution’s board of trustees to modify or
3476 terminate a baccalaureate degree program authorized under this
3477 section. However, if the annual review indicates negative
3478 program performance and compliance results and the needs
3479 assessment fails to demonstrate a need for the program, the
3480 State Board of Education shall require a Florida Community
3481 College System institution’s board of trustees to terminate that
3482 baccalaureate degree program.
3483 (6)(a) If the current total upper level, undergraduate
3484 full-time equivalent enrollment at a Florida Community College
3485 System institution is at or above 10 percent of the 2014-2015
3486 combined total lower level and upper level full-time equivalent
3487 enrollment at that institution reported for state funding
3488 purposes, annually the total upper level enrollment, as a
3489 percentage of the 2014-2015 combined enrollment, may not
3490 increase by more than 5 percentage points.
3491 (b) If the current total upper level, undergraduate full
3492 time equivalent enrollment at a Florida Community College System
3493 institution is below 10 percent of the 2014-2015 combined total
3494 lower level and upper level full-time equivalent enrollment at
3495 that institution reported for state funding purposes, annually
3496 the total upper level enrollment, as a percentage of the 2014
3497 2015 combined enrollment, may not increase by more than 7
3498 percentage points.
3499 (c) This subsection expires July 1, 2018.
3500 Section 44. Section 1008.38, Florida Statutes, is amended
3501 to read:
3502 1008.38 Articulation accountability process.—The State
3503 Board of Education, in conjunction with the Board of Governors,
3504 shall develop articulation accountability measures which assess
3505 the status of systemwide articulation processes authorized under
3506 s. 1007.23, preserve Florida’s “2+2” system of articulation, and
3507 establish an articulation accountability process which at a
3508 minimum shall address:
3509 (1) The impact of articulation processes on ensuring
3510 educational continuity and the orderly and unobstructed
3511 transition of students between public secondary and
3512 postsecondary education systems and facilitating the transition
3513 of students between the public and private sectors.
3514 (2) The adequacy of preparation of public secondary
3515 students to smoothly articulate to a public postsecondary
3516 institution.
3517 (3) The effectiveness of articulated acceleration
3518 mechanisms available to secondary students and the application
3519 of credit hours earned through CAPE industry certifications
3520 pursuant to s. 1008.44 and acceleration mechanisms, including
3521 nationally standardized examinations, to general education,
3522 associate degree, or baccalaureate degree requirements.
3523 (4) The smooth transfer of Florida Community College System
3524 associate degree graduates to a Florida Community College System
3525 institution or a state university, and the application of credit
3526 hours earned at Florida Community College System institutions to
3527 general education, associate degree, or baccalaureate degree
3528 requirements at state universities.
3529 (5) An examination of degree requirements that exceed the
3530 parameters of 60 credit hours for an associate degree and 120
3531 hours for a baccalaureate degree in public postsecondary
3532 programs.
3533 (6) The relationship between student attainment of college
3534 level academic skills and articulation to the upper division in
3535 public postsecondary institutions.
3536 Section 45. Paragraph (d) of subsection (3) of section
3537 1009.22, Florida Statutes, is amended to read:
3538 1009.22 Workforce education postsecondary student fees.—
3539 (3)
3540 (d) Each district school board and each Florida College
3541 System institution board of trustees may adopt tuition and out
3542 of-state fees that vary no more than 5 percent below or no more
3543 than 5 percent above the combined total of the standard tuition
3544 and out-of-state fees established in paragraph (c).
3545 Section 46. Paragraph (b) of subsection (3) and subsection
3546 (4) of section 1009.23, Florida Statutes, are amended, and
3547 subsection (20) is added to that section, to read:
3548 1009.23 Florida College System institution student fees.—
3549 (3)
3550 (b) Effective July 1, 2014, For baccalaureate degree
3551 programs, the following tuition and fee rates shall apply:
3552 1. The tuition may not exceed shall be $91.79 per credit
3553 hour for students who are residents for tuition purposes.
3554 2. The sum of the tuition and the he out-of-state fee per
3555 credit hour for students who are nonresidents for tuition
3556 purposes shall be no more than 85 percent of the sum of the
3557 tuition and the out-of-state fee at the state university nearest
3558 the Florida College System institution.
3559 (4) Each Florida College System institution board of
3560 trustees shall establish tuition and out-of-state fees, which
3561 may vary no more than 10 percent below and no more than 15
3562 percent above the combined total of the standard tuition and
3563 fees established in subsection (3).
3564 (20) Each Florida College System institution shall notice
3565 to the public and to all enrolled students any board of trustees
3566 meeting that votes on proposed increases in tuition or fees. The
3567 noticed meeting must allow for public comment on the proposed
3568 increase and must:
3569 (a) Be posted 28 days before the board of trustees meeting
3570 takes place.
3571 (b) Include the date and time of the meeting.
3572 (c) Be clear and specifically outline the details of the
3573 original tuition or fee, the rationale for the proposed
3574 increase, and what the proposed increase will fund.
3575 (d) Be posted on the institution’s website homepage and
3576 issued in a press release.
3577 Section 47. Paragraphs (a) and (b) of subsection (4) of
3578 section 1009.24, Florida Statutes, are amended, present
3579 subsection (19) of that section is redesignated as subsection
3580 (20), and a new subsection (19) is added to that section, to
3581 read:
3582 1009.24 State university student fees.—
3583 (4)(a) Effective July 1, 2014, The resident undergraduate
3584 tuition for lower-level and upper-level coursework may not
3585 exceed shall be $105.07 per credit hour.
3586 (b) The Board of Governors, or the board’s designee, may
3587 establish tuition for graduate and professional programs, and
3588 out-of-state fees for all programs. Except as otherwise provided
3589 in this section, the sum of tuition and out-of-state fees
3590 assessed to nonresident students must be sufficient to offset
3591 the full instructional cost of serving such students. However,
3592 adjustments to out-of-state fees or tuition for graduate
3593 programs and professional programs may not exceed 15 percent in
3594 any year. Adjustments to the resident tuition for graduate
3595 programs and professional programs may not exceed the tuition
3596 amount set on July 1, 2015.
3597 (19) Each university shall publicly notice to the public
3598 and to all enrolled students any board of trustees meeting that
3599 votes on proposed increases in tuition or fees. The noticed
3600 meeting must allow for public comment on the proposed increase
3601 and must:
3602 (a) Be posted 28 days before the board of trustees meeting
3603 takes place.
3604 (b) Include the date and time of the meeting.
3605 (c) Be clear and specifically outline the details of the
3606 original tuition or fee, the rationale for the proposed
3607 increase, and what the proposed increase will fund.
3608 (d) Be posted on the institution’s website homepage and
3609 issued in a press release.
3610 Section 48. Subsection (1) of section 1009.534, Florida
3611 Statutes, is amended to read:
3612 1009.534 Florida Academic Scholars award.—
3613 (1) A student is eligible for a Florida Academic Scholars
3614 award if he or she the student meets the general eligibility
3615 requirements for the Florida Bright Futures Scholarship Program
3616 and the student:
3617 (a) Has achieved a 3.5 weighted grade point average as
3618 calculated pursuant to s. 1009.531, or its equivalent, in high
3619 school courses that are designated by the State Board of
3620 Education as college-preparatory academic courses; and has
3621 attained at least the score required under pursuant to s.
3622 1009.531(6)(a) on the combined verbal and quantitative parts of
3623 the Scholastic Aptitude Test, the Scholastic Assessment Test, or
3624 the recentered Scholastic Assessment Test of the College
3625 Entrance Examination, or an equivalent score on the ACT
3626 Assessment Program;
3627 (b) Has attended a home education program according to s.
3628 1002.41 during grades 11 and 12, or has completed the
3629 International Baccalaureate curriculum but failed to earn the
3630 International Baccalaureate Diploma, or has completed the
3631 Advanced International Certificate of Education curriculum but
3632 failed to earn the Advanced International Certificate of
3633 Education Diploma, and has attained at least the score required
3634 under pursuant to s. 1009.531(6)(a) on the combined verbal and
3635 quantitative parts of the Scholastic Aptitude Test, the
3636 Scholastic Assessment Test, or the recentered Scholastic
3637 Assessment Test of the College Entrance Examination, or an
3638 equivalent score on the ACT Assessment Program;
3639 (c) Has been awarded an International Baccalaureate Diploma
3640 from the International Baccalaureate Office or an Advanced
3641 International Certificate of Education Diploma from the
3642 University of Cambridge International Examinations Office;
3643 (d) Has been recognized by the merit or achievement
3644 programs of the National Merit Scholarship Corporation as a
3645 scholar or finalist; or
3646 (e) Has been recognized by the National Hispanic
3647 Recognition Program as a scholar recipient.
3648
3649 The A student must complete a program of volunteer community
3650 service work, as approved by the district school board, the
3651 administrators of a nonpublic school, or the Department of
3652 Education for home education program students, which must shall
3653 include a minimum of 75 hours of service work for high school
3654 students graduating in the 2010-2011 academic year and 100 hours
3655 of service work for high school students graduating in the 2011
3656 2012 academic year and thereafter. The student, and must
3657 identify a social or civic issue or a professional area problem
3658 that interests him or her, develop a plan for his or her
3659 personal involvement in addressing the issue or learning about
3660 the area problem, and, through papers or other presentations,
3661 evaluate and reflect upon his or her experience. Except for
3662 credit earned through service-learning courses adopted pursuant
3663 to s. 1003.497, the student may not receive remuneration or
3664 academic credit for the volunteer service work performed. Such
3665 work may include, but is not limited to, a business or
3666 government internship, work for a nonprofit community service
3667 organization, or activity on behalf of a candidate for public
3668 office. The hours of volunteer service must be documented in
3669 writing, and the document must be signed by the student, the
3670 student’s parent or guardian, and a representative of the
3671 organization for which the student performed the volunteer
3672 service work.
3673 Section 49. Subsection (1) of section 1009.535, Florida
3674 Statutes, is amended to read:
3675 1009.535 Florida Medallion Scholars award.—
3676 (1) A student is eligible for a Florida Medallion Scholars
3677 award if he or she the student meets the general eligibility
3678 requirements for the Florida Bright Futures Scholarship Program
3679 and the student:
3680 (a) Has achieved a weighted grade point average of 3.0 as
3681 calculated pursuant to s. 1009.531, or the equivalent, in high
3682 school courses that are designated by the State Board of
3683 Education as college-preparatory academic courses; and has
3684 attained at least the score required under pursuant to s.
3685 1009.531(6)(b) on the combined verbal and quantitative parts of
3686 the Scholastic Aptitude Test, the Scholastic Assessment Test, or
3687 the recentered Scholastic Assessment Test of the College
3688 Entrance Examination, or an equivalent score on the ACT
3689 Assessment Program;
3690 (b) Has completed the International Baccalaureate
3691 curriculum but failed to earn the International Baccalaureate
3692 Diploma or has completed the Advanced International Certificate
3693 of Education curriculum but failed to earn the Advanced
3694 International Certificate of Education Diploma, and has attained
3695 at least the score required under pursuant to s. 1009.531(6)(b)
3696 on the combined verbal and quantitative parts of the Scholastic
3697 Aptitude Test, the Scholastic Assessment Test, or the recentered
3698 Scholastic Assessment Test of the College Entrance Examination,
3699 or an equivalent score on the ACT Assessment Program;
3700 (c) Has attended a home education program according to s.
3701 1002.41 during grades 11 and 12 and has attained at least the
3702 score required under pursuant to s. 1009.531(6)(b) on the
3703 combined verbal and quantitative parts of the Scholastic
3704 Aptitude Test, the Scholastic Assessment Test, or the recentered
3705 Scholastic Assessment Test of the College Entrance Examination,
3706 or an equivalent score on the ACT Assessment Program, if the
3707 student’s parent cannot document a college-preparatory
3708 curriculum as described in paragraph (a);
3709 (d) Has been recognized by the merit or achievement program
3710 of the National Merit Scholarship Corporation as a scholar or
3711 finalist but has not completed the a program of volunteer
3712 community service work required under as provided in s.
3713 1009.534; or
3714 (e) Has been recognized by the National Hispanic
3715 Recognition Program as a scholar, but has not completed the a
3716 program of volunteer community service work required under as
3717 provided in s. 1009.534.
3718
3719 A high school student graduating in the 2011-2012 academic year
3720 and thereafter must complete at least 75 hours a program of
3721 volunteer community service work approved by the district school
3722 board, the administrators of a nonpublic school, or the
3723 Department of Education for home education program students. The
3724 student, which shall include a minimum of 75 hours of service
3725 work, and must identify a social or civic issue or a
3726 professional area problem that interests him or her, develop a
3727 plan for his or her personal involvement in addressing the issue
3728 or learning about the area problem, and, through papers or other
3729 presentations, evaluate and reflect upon his or her experience.
3730 Except for credit earned through service-learning courses
3731 adopted pursuant to s. 1003.497, the student may not receive
3732 remuneration or academic credit for volunteer service work
3733 performed. Such work may include, but is not limited to, a
3734 business or government internship, work for a nonprofit
3735 community service organization, or activity on behalf of a
3736 candidate for public office. The hours of volunteer service must
3737 be documented in writing, and the document must be signed by the
3738 student, the student’s parent or guardian, and a representative
3739 of the organization for which the student performed the
3740 volunteer service work.
3741 Section 50. Subsection (1) of section 1009.536, Florida
3742 Statutes, is amended to read:
3743 1009.536 Florida Gold Seal Vocational Scholars award.—The
3744 Florida Gold Seal Vocational Scholars award is created within
3745 the Florida Bright Futures Scholarship Program to recognize and
3746 reward academic achievement and career preparation by high
3747 school students who wish to continue their education.
3748 (1) A student is eligible for a Florida Gold Seal
3749 Vocational Scholars award if he or she the student meets the
3750 general eligibility requirements for the Florida Bright Futures
3751 Scholarship Program and the student:
3752 (a) Completes the secondary school portion of a sequential
3753 program of studies that requires at least three secondary school
3754 career credits. On-the-job training may not be substituted for
3755 any of the three required career credits.
3756 (b) Demonstrates readiness for postsecondary education by
3757 earning a passing score on the Florida College Entry Level
3758 Placement Test or its equivalent as identified by the Department
3759 of Education.
3760 (c) Earns a minimum cumulative weighted grade point average
3761 of 3.0, as calculated pursuant to s. 1009.531, on all subjects
3762 required for a standard high school diploma, excluding elective
3763 courses.
3764 (d) Earns a minimum unweighted grade point average of 3.5
3765 on a 4.0 scale for secondary career courses that compose
3766 comprising the career program.
3767 (e) Beginning with high school students graduating in the
3768 2011-2012 academic year and thereafter, completes at least 30
3769 hours a program of volunteer community service work approved by
3770 the district school board, the administrators of a nonpublic
3771 school, or the Department of Education for home education
3772 program students. The student must identify, which shall include
3773 a minimum of 30 hours of service work, and identifies a social
3774 or civic issue or a professional area problem that interests him
3775 or her, develop develops a plan for his or her personal
3776 involvement in addressing the issue or learning about the area
3777 problem, and, through papers or other presentations, evaluate
3778 evaluates and reflect reflects upon his or her experience.
3779 Except for credit earned through service-learning courses
3780 adopted pursuant to s. 1003.497, the student may not receive
3781 remuneration or academic credit for the volunteer service work
3782 performed. Such work may include, but is not limited to, a
3783 business or government internship, work for a nonprofit
3784 community service organization, or activity on behalf of a
3785 candidate for public office. The hours of volunteer service must
3786 be documented in writing, and the document must be signed by the
3787 student, the student’s parent or guardian, and a representative
3788 of the organization for which the student performed the
3789 volunteer service work.
3790 Section 51. Section 1009.893, Florida Statutes, is amended
3791 to read:
3792 1009.893 Benacquisto Scholarship Florida National Merit
3793 Scholar Incentive Program.—
3794 (1) As used in this section, the term:
3795 (a) “Department” means the Department of Education.
3796 (b) “Scholarship Incentive program” means the Benacquisto
3797 Scholarship Florida National Merit Scholar Incentive Program.
3798 (2) The Benacquisto Scholarship Florida National Merit
3799 Scholar Incentive Program is created to reward any Florida high
3800 school graduate who receives recognition as a National Merit
3801 Scholar or National Achievement Scholar and who initially
3802 enrolls in the 2014-2015 academic year or, later, in a
3803 baccalaureate degree program at an eligible Florida public or
3804 independent postsecondary educational institution.
3805 (3) The department shall administer the scholarship
3806 incentive program according to rules and procedures established
3807 by the State Board of Education. The department shall advertise
3808 the availability of the scholarship incentive program and notify
3809 students, teachers, parents, certified school counselors, and
3810 principals or other relevant school administrators of the
3811 criteria.
3812 (4) In order to be eligible for an award under the
3813 scholarship incentive program, a student must:
3814 (a) Be a state resident as determined in s. 1009.40 and
3815 rules of the State Board of Education;
3816 (b) Earn a standard Florida high school diploma or its
3817 equivalent pursuant to s. 1002.3105, s. 1003.4281, s. 1003.4282,
3818 or s. 1003.435 unless:
3819 1. The student completes a home education program according
3820 to s. 1002.41; or
3821 2. The student earns a high school diploma from a non
3822 Florida school while living with a parent who is on military or
3823 public service assignment out of this state;
3824 (c) Be accepted by and enroll in a Florida public or
3825 independent postsecondary educational institution that is
3826 regionally accredited; and
3827 (d) Be enrolled full-time in a baccalaureate degree program
3828 at an eligible regionally accredited Florida public or
3829 independent postsecondary educational institution during the
3830 fall academic term following high school graduation.
3831 (5)(a) An eligible student who is a National Merit Scholar
3832 or National Achievement Scholar and who attends a Florida public
3833 postsecondary educational institution shall receive a
3834 scholarship an incentive award equal to the institutional cost
3835 of attendance minus the sum of the student’s Florida Bright
3836 Futures Scholarship and National Merit Scholarship or National
3837 Achievement Scholarship.
3838 (b) An eligible student who is a National Merit Scholar or
3839 National Achievement Scholar and who attends a Florida
3840 independent postsecondary educational institution shall receive
3841 a scholarship an incentive award equal to the highest cost of
3842 attendance at a Florida public university, as reported by the
3843 Board of Governors of the State University System, minus the sum
3844 of the student’s Florida Bright Futures Scholarship and National
3845 Merit Scholarship or National Achievement Scholarship.
3846 (6)(a) To be eligible for a renewal award, a student must
3847 earn all credits for which he or she was enrolled and maintain a
3848 3.0 or higher grade point average.
3849 (b) A student may receive the scholarship incentive award
3850 for a maximum of 100 percent of the number of credit hours
3851 required to complete a baccalaureate degree program, or until
3852 completion of a baccalaureate degree program, whichever comes
3853 first.
3854 (7) The department shall annually issue awards from the
3855 scholarship incentive program. Before the registration period
3856 each semester, the department shall transmit payment for each
3857 award to the president or director of the postsecondary
3858 educational institution, or his or her representative, except
3859 that the department may withhold payment if the receiving
3860 institution fails to report or to make refunds to the department
3861 as required in this section.
3862 (a) Each institution shall certify to the department the
3863 eligibility status of each student to receive a disbursement
3864 within 30 days before the end of its regular registration
3865 period, inclusive of a drop and add period. An institution is
3866 not required to reevaluate the student eligibility after the end
3867 of the drop and add period.
3868 (b) An institution that receives funds from the scholarship
3869 incentive program must certify to the department the amount of
3870 funds disbursed to each student and remit to the department any
3871 undisbursed advances within 60 days after the end of regular
3872 registration.
3873 (c) If funds appropriated are not adequate to provide the
3874 maximum allowable award to each eligible student, awards must be
3875 prorated using the same percentage reduction.
3876 (8) Funds from any award within the scholarship incentive
3877 program may not be used to pay for remedial coursework or
3878 developmental education.
3879 (9) A student may use an award for a summer term if funds
3880 are available and appropriated by the Legislature.
3881 (10) The department shall allocate funds to the appropriate
3882 institutions and collect and maintain data regarding the
3883 scholarship incentive program within the student financial
3884 assistance database as specified in s. 1009.94.
3885 (11) Section 1009.40(4) does not apply to awards issued
3886 under this section.
3887 (12) A student who receives an award under the scholarship
3888 program shall be known as a Benacquisto Scholar.
3889 (13) All eligible Florida public or independent
3890 postsecondary educational institutions are encouraged to become,
3891 and all eligible state universities shall become, a college
3892 sponsor of the National Merit Scholarship Program.
3893 (14)(12) The State Board of Education shall adopt rules
3894 necessary to administer this section.
3895 Section 52. Paragraphs (f), (i), and (o) of subsection (1),
3896 paragraph (a) of subsection (4), subsection (5), paragraph (b)
3897 of subsection (7), paragraph (a) of subsection (9), subsection
3898 (11), paragraphs (b) through (e) of subsection (12), and present
3899 subsection (13) of section 1011.62, Florida Statutes, are
3900 amended, present subsections (13), (14), and (15) of that
3901 section are redesignated as subsections (14), (15), and (16),
3902 respectively, and a new subsection (13) is added to that
3903 section, to read:
3904 1011.62 Funds for operation of schools.—If the annual
3905 allocation from the Florida Education Finance Program to each
3906 district for operation of schools is not determined in the
3907 annual appropriations act or the substantive bill implementing
3908 the annual appropriations act, it shall be determined as
3909 follows:
3910 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
3911 OPERATION.—The following procedure shall be followed in
3912 determining the annual allocation to each district for
3913 operation:
3914 (f) Supplemental academic instruction; categorical fund.—
3915 1. There is created a categorical fund to provide
3916 supplemental academic instruction to students in kindergarten
3917 through grade 12. This paragraph may be cited as the
3918 “Supplemental Academic Instruction Categorical Fund.”
3919 2. Categorical funds for supplemental academic instruction
3920 shall be allocated annually to each school district in the
3921 amount provided in the General Appropriations Act. These funds
3922 shall be in addition to the funds appropriated on the basis of
3923 FTE student membership in the Florida Education Finance Program
3924 and shall be included in the total potential funds of each
3925 district. These funds shall be used to provide supplemental
3926 academic instruction to students enrolled in the K-12 program.
3927 For the 2015-2016, 2016-2017, and 2017-2018 2014-2015 fiscal
3928 years year, each school district that has one or more of the 300
3929 lowest-performing elementary schools based on the state reading
3930 assessment shall use these funds, together with the funds
3931 provided in the district’s research-based reading instruction
3932 allocation and other available funds, to provide an additional
3933 hour of instruction beyond the normal school day for each day of
3934 the entire school year for intensive reading instruction for the
3935 students in each of the 300 lowest-performing these schools.
3936 Students enrolled in these schools who have Level 5 assessment
3937 scores may participate in the additional hour of instruction on
3938 an optional basis. In addition, the 300 lowest-performing
3939 schools must provide at least 80 hours of instruction in a
3940 summer program with a focus on reading for students who have
3941 Level 1 or Level 2 reading assessment scores in these schools.
3942 For the 2015-2016 fiscal year, the 300 lowest-performing schools
3943 shall be the same schools as identified for the 2014-2015 fiscal
3944 year. Even if a participating school is no longer classified as
3945 one of the 300 lowest-performing elementary schools in the
3946 subsequent year, the school must continue to provide the
3947 additional hour of intensive reading instruction and must
3948 provide at least 80 hours of instruction in a summer program
3949 with a focus on reading to all students who have Level 1 or
3950 Level 2 reading assessment scores. The This additional hour of
3951 instruction must be provided by teachers or reading specialists
3952 who are effective in teaching reading or by a K-5 mentoring
3953 reading program that is supervised by a teacher who is effective
3954 at teaching reading. Students enrolled in these schools who have
3955 level 5 assessment scores may participate in the additional hour
3956 of instruction on an optional basis. Exceptional student
3957 education centers may shall not be included in the 300 schools.
3958 Beginning in the 2016-2017 fiscal year, the Department of
3959 Education shall provide a list of the 300 lowest-performing
3960 elementary schools to such schools no later than July 1. School
3961 districts are encouraged to provide a summer program in 2015
3962 with a focus on reading for students who have Level 1 or Level 2
3963 reading assessment scores in these schools. After this
3964 requirement has been met, supplemental instruction strategies
3965 may include, but are not limited to: modified curriculum,
3966 reading instruction, after-school instruction, tutoring,
3967 mentoring, class size reduction, extended school year, intensive
3968 skills development in summer school, and other methods for
3969 improving student achievement. Supplemental instruction may be
3970 provided to a student in any manner and at any time during or
3971 beyond the regular 180-day term identified by the school as
3972 being the most effective and efficient way to best help that
3973 student progress from grade to grade and to graduate.
3974 3. Effective with the 1999-2000 fiscal year, funding on the
3975 basis of FTE membership beyond the 180-day regular term shall be
3976 provided in the FEFP only for students enrolled in juvenile
3977 justice education programs or in education programs for
3978 juveniles placed in secure facilities or programs under s.
3979 985.19. Funding for instruction beyond the regular 180-day
3980 school year for all other K-12 students shall be provided
3981 through the supplemental academic instruction categorical fund
3982 and other state, federal, and local fund sources with ample
3983 flexibility for schools to provide supplemental instruction to
3984 assist students in progressing from grade to grade and
3985 graduating.
3986 4. The Florida State University School, as a lab school, is
3987 authorized to expend from its FEFP or Lottery Enhancement Trust
3988 Fund allocation the cost to the student of remediation in
3989 reading, writing, or mathematics for any graduate who requires
3990 remediation at a postsecondary educational institution.
3991 5. Beginning in the 1999-2000 school year, dropout
3992 prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
3993 (b), and (c), and 1003.54 shall be included in group 1 programs
3994 under subparagraph (d)3.
3995 (i) Calculation of full-time equivalent membership with
3996 respect to dual enrollment instruction.—Students enrolled in
3997 dual enrollment instruction pursuant to s. 1007.271 may be
3998 included in calculations of full-time equivalent student
3999 memberships for basic programs for grades 9 through 12 by a
4000 district school board. Instructional time for dual enrollment
4001 may vary from 900 hours; however, the full-time equivalent
4002 student membership value shall be subject to the provisions in
4003 s. 1011.61(4). Dual enrollment full-time equivalent student
4004 membership shall be calculated in an amount equal to the hours
4005 of instruction that would be necessary to earn the full-time
4006 equivalent student membership for an equivalent course if it
4007 were taught in the school district. Students in dual enrollment
4008 courses may also be calculated as the proportional shares of
4009 full-time equivalent enrollments they generate for a Florida
4010 College System institution or university conducting the dual
4011 enrollment instruction. Early admission students shall be
4012 considered dual enrollments for funding purposes. Students may
4013 be enrolled in dual enrollment instruction provided by an
4014 eligible independent college or university and may be included
4015 in calculations of full-time equivalent student memberships for
4016 basic programs for grades 9 through 12 by a district school
4017 board. However, those provisions of law which exempt dual
4018 enrollment students dual enrolled and early admission students
4019 from payment of instructional materials and tuition and fees,
4020 including technology, registration, and laboratory fees, do
4021 shall not apply to students who select the option of enrolling
4022 in an eligible independent institution. An independent college
4023 or university that which is located and chartered in Florida, is
4024 not for profit, is accredited by the Commission on Colleges of
4025 the Southern Association of Colleges and Schools or the
4026 Accrediting Council for Independent Colleges and Schools, and
4027 confers degrees as defined in s. 1005.02 is shall be eligible
4028 for inclusion in the dual enrollment or early admission program.
4029 Students enrolled in dual enrollment instruction are shall be
4030 exempt from the payment of tuition and fees, including
4031 technology, registration, and laboratory fees. A No student
4032 enrolled in college credit mathematics or English dual
4033 enrollment instruction may not shall be funded as a dual
4034 enrollment unless the student has successfully completed the
4035 relevant section of the entry-level examination required
4036 pursuant to s. 1008.30.
4037 (o) Calculation of additional full-time equivalent
4038 membership based on successful completion of a career-themed
4039 course pursuant to ss. 1003.491, 1003.492, and 1003.493, or
4040 courses with embedded CAPE industry certifications or CAPE
4041 Digital Tool certificates, and issuance of industry
4042 certification identified on the CAPE Industry Certification
4043 Funding List pursuant to rules adopted by the State Board of
4044 Education or CAPE Digital Tool certificates pursuant to s.
4045 1003.4203.—
4046 1.a. A value of 0.025 full-time equivalent student
4047 membership shall be calculated for CAPE Digital Tool
4048 certificates earned by students in elementary and middle school
4049 grades.
4050 b. A value of 0.1 or 0.2 full-time equivalent student
4051 membership shall be calculated for each student who completes a
4052 course as defined in s. 1003.493(1)(b) or courses with embedded
4053 CAPE industry certifications and who is issued an industry
4054 certification identified annually on the CAPE Industry
4055 Certification Funding List approved under rules adopted by the
4056 State Board of Education. A value of 0.2 full-time equivalent
4057 membership shall be calculated for each student who is issued a
4058 CAPE industry certification that has a statewide articulation
4059 agreement for college credit approved by the State Board of
4060 Education. For CAPE industry certifications that do not
4061 articulate for college credit, the Department of Education shall
4062 assign a full-time equivalent value of 0.1 for each
4063 certification. Middle grades students who earn additional FTE
4064 membership for a CAPE Digital Tool certificate pursuant to sub
4065 subparagraph a. may not use the previously funded examination to
4066 satisfy the requirements for earning an industry certification
4067 under this sub-subparagraph. Additional FTE membership for an
4068 elementary or middle grades student may shall not exceed 0.1 for
4069 certificates or certifications earned within the same fiscal
4070 year. The State Board of Education shall include the assigned
4071 values on the CAPE Industry Certification Funding List under
4072 rules adopted by the state board. Such value shall be added to
4073 the total full-time equivalent student membership for grades 6
4074 through 12 in the subsequent year for courses that were not
4075 provided through dual enrollment. CAPE industry certifications
4076 earned through dual enrollment must be reported and funded
4077 pursuant to s. 1011.80. However, if a student earns a
4078 certification through a dual enrollment course and the
4079 certification is not a fundable certification on the
4080 postsecondary certification funding list, or the dual enrollment
4081 certification is earned as a result of an agreement between a
4082 school district and a nonpublic postsecondary institution, the
4083 bonus value shall be funded in the same manner as for other
4084 nondual enrollment course industry certifications. In such
4085 cases, the school district may provide for an agreement between
4086 the high school and the technical center, or the school district
4087 and the postsecondary institution may enter into an agreement
4088 for equitable distribution of the bonus funds.
4089 c. A value of 0.3 full-time equivalent student membership
4090 shall be calculated for student completion of the courses and
4091 the embedded certifications identified on the CAPE Industry
4092 Certification Funding List and approved by the commissioner
4093 pursuant to ss. 1003.4203(5)(a) and 1008.44.
4094 d. A value of 0.5 full-time equivalent student membership
4095 shall be calculated for CAPE Acceleration Industry
4096 Certifications that articulate for 15 to 29 college credit
4097 hours, and 1.0 full-time equivalent student membership shall be
4098 calculated for CAPE Acceleration Industry Certifications that
4099 articulate for 30 or more college credit hours pursuant to CAPE
4100 Acceleration Industry Certifications approved by the
4101 commissioner pursuant to ss. 1003.4203(5)(b) and 1008.44.
4102 2. Each district must allocate at least 80 percent of the
4103 funds provided for CAPE industry certification, in accordance
4104 with this paragraph, to the program that generated the funds.
4105 This allocation may not be used to supplant funds provided for
4106 basic operation of the program.
4107 3. For CAPE industry certifications earned in the 2013-2014
4108 school year and in subsequent years, the school district shall
4109 distribute to each classroom teacher who provided direct
4110 instruction toward the attainment of a CAPE industry
4111 certification that qualified for additional full-time equivalent
4112 membership under subparagraph 1.:
4113 a. A bonus in the amount of $25 for each student taught by
4114 a teacher who provided instruction in a course that led to the
4115 attainment of a CAPE industry certification on the CAPE Industry
4116 Certification Funding List with a weight of 0.1.
4117 b. A bonus in the amount of $50 for each student taught by
4118 a teacher who provided instruction in a course that led to the
4119 attainment of a CAPE industry certification on the CAPE Industry
4120 Certification Funding List with a weight of 0.2, 0.3, 0.5, and
4121 1.0.
4122 c. A bonus of $75 for each student taught by a teacher who
4123 provided instruction in a course that led to the attainment of a
4124 CAPE industry certification on the CAPE Industry Certification
4125 Funding List with a weight of 0.3.
4126 d. A bonus of $100 for each student taught by a teacher who
4127 provided instruction in a course that led to the attainment of a
4128 CAPE industry certification on the CAPE Industry Certification
4129 Funding List with a weight of 0.5 or 1.0.
4130
4131 Bonuses awarded pursuant to this paragraph shall be provided to
4132 teachers who are employed by the district in the year in which
4133 the additional FTE membership calculation is included in the
4134 calculation. Bonuses shall be calculated based upon the
4135 associated weight of a CAPE industry certification on the CAPE
4136 Industry Certification Funding List for the year in which the
4137 certification is earned by the student. In a single school year,
4138 a Any bonus awarded to a teacher under sub-subparagraph 3.a. or
4139 sub-subparagraph 3.b. this paragraph may not exceed $2,000 or
4140 under sub-subparagraph 3.c. or sub-subparagraph 3.d. may not
4141 exceed $4,000. The maximum bonus that may be awarded to a
4142 teacher under this paragraph is $4,000 in a single school year.
4143 This bonus in any given school year and is in addition to any
4144 regular wage or other bonus the teacher received or is scheduled
4145 to receive.
4146 (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
4147 Legislature shall prescribe the aggregate required local effort
4148 for all school districts collectively as an item in the General
4149 Appropriations Act for each fiscal year. The amount that each
4150 district shall provide annually toward the cost of the Florida
4151 Education Finance Program for kindergarten through grade 12
4152 programs shall be calculated as follows:
4153 (a) Estimated taxable value calculations.—
4154 1.a. Not later than 2 working days prior to July 19, the
4155 Department of Revenue shall certify to the Commissioner of
4156 Education its most recent estimate of the taxable value for
4157 school purposes in each school district and the total for all
4158 school districts in the state for the current calendar year
4159 based on the latest available data obtained from the local
4160 property appraisers. The value certified shall be the taxable
4161 value for school purposes for that year, and no further
4162 adjustments shall be made, except those made pursuant to
4163 paragraphs (c) and (d), or an assessment roll change required by
4164 final judicial decisions as specified in paragraph (15)(b)
4165 (14)(b). Not later than July 19, the Commissioner of Education
4166 shall compute a millage rate, rounded to the next highest one
4167 one-thousandth of a mill, which, when applied to 96 percent of
4168 the estimated state total taxable value for school purposes,
4169 would generate the prescribed aggregate required local effort
4170 for that year for all districts. The Commissioner of Education
4171 shall certify to each district school board the millage rate,
4172 computed as prescribed in this subparagraph, as the minimum
4173 millage rate necessary to provide the district required local
4174 effort for that year.
4175 b. The General Appropriations Act shall direct the
4176 computation of the statewide adjusted aggregate amount for
4177 required local effort for all school districts collectively from
4178 ad valorem taxes to ensure that no school district’s revenue
4179 from required local effort millage will produce more than 90
4180 percent of the district’s total Florida Education Finance
4181 Program calculation as calculated and adopted by the
4182 Legislature, and the adjustment of the required local effort
4183 millage rate of each district that produces more than 90 percent
4184 of its total Florida Education Finance Program entitlement to a
4185 level that will produce only 90 percent of its total Florida
4186 Education Finance Program entitlement in the July calculation.
4187 2. On the same date as the certification in sub
4188 subparagraph 1.a., the Department of Revenue shall certify to
4189 the Commissioner of Education for each district:
4190 a. Each year for which the property appraiser has certified
4191 the taxable value pursuant to s. 193.122(2) or (3), if
4192 applicable, since the prior certification under sub-subparagraph
4193 1.a.
4194 b. For each year identified in sub-subparagraph a., the
4195 taxable value certified by the appraiser pursuant to s.
4196 193.122(2) or (3), if applicable, since the prior certification
4197 under sub-subparagraph 1.a. This is the certification that
4198 reflects all final administrative actions of the value
4199 adjustment board.
4200 (5) DISCRETIONARY MILLAGE COMPRESSION SUPPLEMENT.—The
4201 Legislature shall prescribe in the General Appropriations Act,
4202 pursuant to s. 1011.71(1), the rate of nonvoted current
4203 operating discretionary millage that shall be used to calculate
4204 a discretionary millage compression supplement. If the
4205 prescribed millage generates an amount of funds per unweighted
4206 FTE for the district that is less than 105 percent of the state
4207 average, the district shall receive an amount per FTE that, when
4208 added to the funds per FTE generated by the designated levy,
4209 shall equal 105 percent of the state average.
4210 (7) DETERMINATION OF SPARSITY SUPPLEMENT.—
4211 (b) The district sparsity index shall be computed by
4212 dividing the total number of full-time equivalent students in
4213 all programs in the district by the number of senior high school
4214 centers in the district, not in excess of three, which centers
4215 are approved as permanent centers by a survey made by the
4216 Department of Education. For districts with a full-time
4217 equivalent student membership of at least 20,000, but no more
4218 than 24,000, the index shall be computed by dividing the total
4219 number of full-time equivalent students in all programs by the
4220 number of permanent senior high school centers in the district,
4221 not to exceed four.
4222 (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
4223 (a) The research-based reading instruction allocation is
4224 created to provide comprehensive reading instruction to students
4225 in kindergarten through grade 12. For the 2015-2016, 2016-2017,
4226 and 2017-2018 2014-2015 fiscal years year, in each school
4227 district that has one or more of the 300 lowest-performing
4228 elementary schools based on the state reading assessment,
4229 priority shall be given to providing an additional hour per day
4230 of intensive reading instruction beyond the normal school day
4231 for each day of the entire school year for the students in each
4232 of the 300 lowest-performing schools. Students enrolled in these
4233 schools who have Level 5 assessment scores may participate in
4234 the additional hour of instruction on an optional basis. In
4235 addition, the 300 lowest-performing schools must provide at
4236 least 80 hours of instruction in a summer program with a focus
4237 on reading for students who have Level 1 or Level 2 reading
4238 assessment scores in these schools. For the 2015-2016 fiscal
4239 year, the 300 lowest-performing schools shall be the same
4240 schools as identified for the 2014-2015 fiscal year. Even if a
4241 participating school is no longer classified as one of the 300
4242 lowest-performing elementary schools in the subsequent year, the
4243 school must continue to provide the additional hour of intensive
4244 reading instruction and must provide at least 80 hours of
4245 instruction in a summer program with a focus on reading to all
4246 students who have Level 1 or Level 2 reading assessment scores
4247 school. Students enrolled in these schools who have level 5
4248 assessment scores may participate in the additional hour of
4249 instruction on an optional basis. Exceptional student education
4250 centers may shall not be included in the 300 schools. The
4251 intensive reading instruction delivered in this additional hour
4252 and for other students shall include: research-based reading
4253 instruction that has been proven to accelerate progress of
4254 students exhibiting a reading deficiency; differentiated
4255 instruction based on student assessment data to meet students’
4256 specific reading needs; explicit and systematic reading
4257 development in phonemic awareness, phonics, fluency, vocabulary,
4258 and comprehension, with more extensive opportunities for guided
4259 practice, error correction, and feedback; and the integration of
4260 social studies, science, and mathematics-text reading, text
4261 discussion, and writing in response to reading. For the 2012
4262 2013 and 2013-2014 fiscal years, a school district may not hire
4263 more reading coaches than were hired during the 2011-2012 fiscal
4264 year unless all students in kindergarten through grade 5 who
4265 demonstrate a reading deficiency, as determined by district and
4266 state assessments, including students scoring Level 1 or Level 2
4267 on the statewide, standardized reading assessment or, upon
4268 implementation, the English Language Arts assessment, are
4269 provided an additional hour per day of intensive reading
4270 instruction beyond the normal school day for each day of the
4271 entire school year.
4272 (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
4273 annually provide in the Florida Education Finance Program a
4274 virtual education contribution. The amount of the virtual
4275 education contribution shall be the difference between the
4276 amount per FTE established in the General Appropriations Act for
4277 virtual education and the amount per FTE for each district and
4278 the Florida Virtual School, which may be calculated by taking
4279 the sum of the base FEFP allocation, the declining enrollment
4280 supplement, the discretionary local effort, the state-funded
4281 discretionary contribution, the discretionary millage
4282 compression supplement, the research-based reading instruction
4283 allocation, the exceptional student education guaranteed
4284 allocation, and the instructional materials allocation, and then
4285 dividing by the total unweighted FTE. This difference shall be
4286 multiplied by the virtual education unweighted FTE for programs
4287 and options identified in s. 1002.455(3) and the Florida Virtual
4288 School and its franchises to equal the virtual education
4289 contribution and shall be included as a separate allocation in
4290 the funding formula.
4291 (12) FLORIDA DIGITAL CLASSROOMS ALLOCATION.—
4292 (b) Each district school board shall adopt a district
4293 digital classrooms plan that meets the unique needs of students,
4294 schools, and personnel and submit the plan for approval to the
4295 Department of Education. In addition, each district school board
4296 must, at a minimum, seek input from the district’s
4297 instructional, curriculum, and information technology staff to
4298 develop the district digital classrooms plan. The district’s
4299 plan must be within the general parameters established in the
4300 Florida digital classrooms plan pursuant to s. 1001.20. In
4301 addition, if the district participates in federal technology
4302 initiatives and grant programs, the district digital classrooms
4303 plan must include a plan for meeting requirements of such
4304 initiatives and grant programs. Funds allocated under this
4305 subsection must be used to support implementation of district
4306 digital classrooms plans. By August October 1, 2014, and by
4307 March 1 of each year thereafter, on a date determined by the
4308 department, each district school board shall submit to the
4309 department, in a format prescribed by the department, a digital
4310 classrooms plan. At a minimum, such plan must include, and be
4311 annually updated to reflect, the following:
4312 1. Measurable student performance outcomes. Outcomes
4313 related to student performance, including outcomes for students
4314 with disabilities, must be tied to the efforts and strategies to
4315 improve outcomes related to student performance by integrating
4316 technology in classroom teaching and learning. Results of the
4317 outcomes shall be reported at least annually for the current
4318 school year and subsequent 3 years and be accompanied by an
4319 independent evaluation and validation of the reported results.
4320 2. Digital learning and technology infrastructure purchases
4321 and operational activities. Such purchases and activities must
4322 be tied to the measurable outcomes under subparagraph 1.,
4323 including, but not limited to, connectivity, broadband access,
4324 wireless capacity, Internet speed, and data security, all of
4325 which must meet or exceed minimum requirements and protocols
4326 established by the department. For each year that the district
4327 uses funds for infrastructure, a third-party, independent
4328 evaluation of the district’s technology inventory and
4329 infrastructure needs must accompany the district’s plan.
4330 3. Professional development purchases and operational
4331 activities. Such purchases and activities must be tied to the
4332 measurable outcomes under subparagraph 1., including, but not
4333 limited to, using technology in the classroom and improving
4334 digital literacy and competency.
4335 4. Digital tool purchases and operational activities. Such
4336 purchases and activities must be tied to the measurable outcomes
4337 under subparagraph 1., including, but not limited to,
4338 competency-based credentials that measure and demonstrate
4339 digital competency and certifications; third-party assessments
4340 that demonstrate acquired knowledge and use of digital
4341 applications; and devices that meet or exceed minimum
4342 requirements and protocols established by the department.
4343 5. Online assessment-related purchases and operational
4344 activities. Such purchases and activities must be tied to the
4345 measurable outcomes under subparagraph 1., including, but not
4346 limited to, expanding the capacity to administer assessments and
4347 compatibility with minimum assessment protocols and requirements
4348 established by the department. If the administration of online
4349 assessments after January 1, 2015, does not comply with the
4350 minimum assessment protocols and requirements established by the
4351 department, the department shall contract with an independent
4352 auditing entity that has expertise in the area of the
4353 noncompliance to evaluate the extent of the noncompliance and
4354 provide recommendations to remediate the noncompliance in future
4355 administrations of online assessments.
4356 (c) The Legislature shall annually provide in the General
4357 Appropriations Act the FEFP allocation for implementation of the
4358 Florida digital classrooms plan to be calculated in an amount up
4359 to 1 percent of the base student allocation multiplied by the
4360 total K-12 full-time equivalent student enrollment included in
4361 the FEFP calculations for the legislative appropriation or as
4362 provided in the General Appropriations Act. Each school district
4363 shall be provided a minimum of $250,000, with the remaining
4364 balance of the allocation to be distributed based on each
4365 district’s proportion of the total K-12 full-time equivalent
4366 student enrollment. Distribution of funds for the Florida
4367 digital classrooms allocation shall begin following submittal of
4368 each district’s digital classrooms plan, which must include
4369 formal verification of the superintendent’s approval of the
4370 digital classrooms plan of each charter school in the district,
4371 and approval of the plan by the department. A charter school
4372 shall submit the school’s digital classrooms plan, in a
4373 streamlined format prescribed by the department, to the
4374 applicable school district. Prior to the distribution of the
4375 Florida digital classrooms allocation funds, each district
4376 school superintendent shall certify to the Commissioner of
4377 Education that the district school board has approved a
4378 comprehensive district digital classrooms plan that supports the
4379 fidelity of implementation of the Florida digital classrooms
4380 allocation. District allocations shall be recalculated during
4381 the fiscal year consistent with the periodic recalculation of
4382 the FEFP. School districts shall provide a proportionate share
4383 of the digital classrooms allocation to each charter school in
4384 the district, as required for categorical programs in s.
4385 1002.33(17)(b). A school district may use a competitive process
4386 to distribute funds for the Florida digital classrooms
4387 allocation to the schools within the school district. Beginning
4388 in the 2016-2017 school year, to be eligible to receive Florida
4389 digital classrooms allocation funds, a school district must
4390 undergo an annual assessment pursuant to s. 282.0052 and an
4391 annual independent verification of its use of Florida digital
4392 classrooms allocation funds pursuant to paragraph (e).
4393 (d) To facilitate the implementation of the district
4394 digital classrooms plans and charter school digital classrooms
4395 plans, the commissioner shall support statewide, coordinated
4396 partnerships and efforts of this state’s education practitioners
4397 in the field, including, but not limited to, superintendents,
4398 principals, and teachers, to identify and share best practices,
4399 corrective actions, and other identified needs. By August 1,
4400 2016, the commissioner shall implement an online, web-based
4401 portal for school districts and charter schools to submit their
4402 digital classrooms plan.
4403 (e) Beginning in the 2015-2016 fiscal year and each year
4404 thereafter, each district school board and charter school shall
4405 report to the department its use of funds provided through the
4406 Florida digital classrooms allocation and student performance
4407 outcomes in accordance with the district’s digital classrooms
4408 plan. The department may contract with an independent third
4409 party entity to conduct an annual independent verification of
4410 the district’s use of Florida digital classrooms allocation
4411 funds in accordance with the district’s digital classrooms plan.
4412 In the event an independent third-party verification is not
4413 conducted, the Auditor General shall, during scheduled
4414 operational audits of the school districts, verify compliance of
4415 the use of Florida digital classrooms allocation funds in
4416 accordance with the district’s digital classrooms plan. No later
4417 than October 1 of each year, beginning in the 2015-2016 fiscal
4418 year, the commissioner shall provide to the Governor, the
4419 President of the Senate, and the Speaker of the House of
4420 Representatives a summary of each district’s student performance
4421 goals and outcomes, use of funds, in support of such student
4422 performance goals and outcomes, and progress toward meeting
4423 statutory requirements and timelines.
4424 (13) FEDERALLY CONNECTED STUDENT SUPPLEMENT.—The federally
4425 connected student supplement is created to provide supplemental
4426 funding for school districts to support the education of
4427 students connected with federally owned military installations,
4428 National Aeronautics and Space Administration (NASA) property,
4429 and Indian lands. To be eligible for this supplement, the
4430 district must be eligible for federal Impact Aid Program funds
4431 under s. 8003, Title VIII of the Elementary and Secondary
4432 Education Act of 1965. The supplement shall be the sum of the
4433 student allocation and an exempt property allocation.
4434 (a) The student allocation shall be calculated based on the
4435 number of students reported for federal Impact Aid Program
4436 funds, including students with disabilities, who meet one of the
4437 following criteria:
4438 1. Resides with a parent who is on active duty in the
4439 uniformed services or is an accredited foreign government
4440 official and military officer. Students with disabilities shall
4441 also be reported separately for this condition.
4442 2. Resides on eligible federally owned Indian lands.
4443 Students with disabilities shall also be reported separately for
4444 this condition.
4445 3. Resides with a civilian parent who lives or works on
4446 eligible federal property connected with a military installation
4447 or NASA. The number of these students shall be multiplied by a
4448 factor of 0.5.
4449 (b) The total number of federally connected students
4450 calculated under paragraph (a) shall be multiplied by a
4451 percentage of the base student allocation as provided in the
4452 General Appropriations Act. The total of the number of students
4453 with disabilities as reported separately under subparagraphs
4454 (a)1. and (a)2. shall be multiplied by an additional percentage
4455 of the base student allocation as provided in the General
4456 Appropriations Act. The base amount and the amount for students
4457 with disabilities shall be summed to provide the student
4458 allocation.
4459 (c) The exempt-property allocation shall be equal to the
4460 tax-exempt value of federal Impact Aid lands reserved as
4461 military installations, real property owned by NASA, or eligible
4462 federally owned Indian lands located in the district, as of
4463 January 1 of the previous year, multiplied by the millage
4464 authorized and levied under s. 1011.71(2).
4465 (14)(13) QUALITY ASSURANCE GUARANTEE.—The Legislature may
4466 annually in the General Appropriations Act determine a
4467 percentage increase in funds per K-12 unweighted FTE as a
4468 minimum guarantee to each school district. The guarantee shall
4469 be calculated from prior year base funding per unweighted FTE
4470 student which shall include the adjusted FTE dollars as provided
4471 in subsection (15)(14), quality guarantee funds, and actual
4472 nonvoted discretionary local effort from taxes. From the base
4473 funding per unweighted FTE, the increase shall be calculated for
4474 the current year. The current year funds from which the
4475 guarantee shall be determined shall include the adjusted FTE
4476 dollars as provided in subsection (15)(14) and potential
4477 nonvoted discretionary local effort from taxes. A comparison of
4478 current year funds per unweighted FTE to prior year funds per
4479 unweighted FTE shall be computed. For those school districts
4480 which have less than the legislatively assigned percentage
4481 increase, funds shall be provided to guarantee the assigned
4482 percentage increase in funds per unweighted FTE student. Should
4483 appropriated funds be less than the sum of this calculated
4484 amount for all districts, the commissioner shall prorate each
4485 district’s allocation. This provision shall be implemented to
4486 the extent specifically funded.
4487 Section 53. Subsection (1) and paragraph (d) of subsection
4488 (2) of section 1011.71, Florida Statutes, are amended to read:
4489 1011.71 District school tax.—
4490 (1) If the district school tax is not provided in the
4491 General Appropriations Act or the substantive bill implementing
4492 the General Appropriations Act, each district school board
4493 desiring to participate in the state allocation of funds for
4494 current operation as prescribed by s. 1011.62(15) s. 1011.62(14)
4495 shall levy on the taxable value for school purposes of the
4496 district, exclusive of millage voted under the provisions of s.
4497 9(b) or s. 12, Art. VII of the State Constitution, a millage
4498 rate not to exceed the amount certified by the commissioner as
4499 the minimum millage rate necessary to provide the district
4500 required local effort for the current year, pursuant to s.
4501 1011.62(4)(a)1. In addition to the required local effort millage
4502 levy, each district school board may levy a nonvoted current
4503 operating discretionary millage. The Legislature shall prescribe
4504 annually in the appropriations act the maximum amount of millage
4505 a district may levy.
4506 (2) In addition to the maximum millage levy as provided in
4507 subsection (1), each school board may levy not more than 1.5
4508 mills against the taxable value for school purposes for district
4509 schools, including charter schools at the discretion of the
4510 school board, to fund:
4511 (d) The purchase, lease-purchase, or lease of new and
4512 replacement equipment; computer hardware, including electronic
4513 hardware and other hardware devices necessary for gaining access
4514 to or enhancing the use of electronic content and resources or
4515 to facilitate the access to and the use of a school district’s
4516 digital classrooms plan pursuant to s. 1011.62, excluding
4517 software other than the operating system necessary to operate
4518 the hardware or device; and enterprise resource software
4519 applications that are classified as capital assets in accordance
4520 with definitions of the Governmental Accounting Standards Board,
4521 have a useful life of at least 5 years, and are used to support
4522 districtwide administration or state-mandated reporting
4523 requirements. Enterprise resource software may be acquired by
4524 annual license fees, maintenance fees, or lease agreements.
4525 Section 54. Section 1011.802, Florida Statutes, is created
4526 to read:
4527 1011.802 Florida Apprenticeship Grant Program.—
4528 (1) The Florida Apprenticeship Grant Program is created to
4529 provide grants, as provided in the General Appropriations Act,
4530 to career centers, charter technical career centers, and Florida
4531 College System institutions on a competitive basis to establish
4532 new apprenticeship programs and expand existing apprenticeship
4533 programs. The Division of Career and Adult Education within the
4534 Department of Education shall administer the grant program.
4535 (2) Applications from career centers, charter technical
4536 career centers, and Florida College System institutions must
4537 contain projected enrollment and projected costs for the new or
4538 expanded apprenticeship program.
4539 (3) The department shall give priority to apprenticeship
4540 programs in the areas of information technology, health, and
4541 machining and manufacturing. Grant funds may be used for
4542 instructional equipment, supplies, personnel, student services,
4543 and other expenses associated with the creation or expansion of
4544 an apprenticeship program. Grant funds may not be used for
4545 recurring instructional costs or for a center’s or an
4546 institution’s indirect costs. Grant recipients must submit
4547 quarterly reports in a format prescribed by the department.
4548 Section 55. Paragraph (e) is added to subsection (3) of
4549 section 1012.34, Florida Statutes, as amended by ch. 2015-6,
4550 Laws of Florida, to read:
4551 1012.34 Personnel evaluation procedures and criteria.—
4552 (3) EVALUATION PROCEDURES AND CRITERIA.—Instructional
4553 personnel and school administrator performance evaluations must
4554 be based upon the performance of students assigned to their
4555 classrooms or schools, as provided in this section. Pursuant to
4556 this section, a school district’s performance evaluation system
4557 is not limited to basing unsatisfactory performance of
4558 instructional personnel and school administrators solely upon
4559 student performance, but may include other criteria to evaluate
4560 instructional personnel and school administrators’ performance,
4561 or any combination of student performance and other criteria.
4562 Evaluation procedures and criteria must comply with, but are not
4563 limited to, the following:
4564 (e) A classroom teacher’s performance evaluation must be
4565 based upon the performance of students with fewer than 25
4566 absences within the school year, or, for schools with block
4567 scheduling, fewer than 10 absences within the school year,
4568 assigned to their classrooms, as provided in this section.
4569 Section 56. Subsection (3) of section 1012.39, Florida
4570 Statutes, is amended to read:
4571 1012.39 Employment of substitute teachers, teachers of
4572 adult education, nondegreed teachers of career education, and
4573 career specialists; students performing clinical field
4574 experience.—
4575 (3) A student who is enrolled in a state-approved teacher
4576 preparation program in a postsecondary educational institution
4577 that is approved by rules of the State Board of Education and
4578 who is jointly assigned by the postsecondary educational
4579 institution and a district school board to perform a clinical
4580 field experience under the direction of a regularly employed and
4581 certified educator shall, while serving such supervised clinical
4582 field experience, be accorded the same protection of law as that
4583 accorded to the certified educator except for the right to
4584 bargain collectively as an employee of the district school
4585 board. The district school board providing the clinical field
4586 experience shall notify the student electronically or in writing
4587 of the availability of educator liability insurance under s.
4588 1012.75. A postsecondary educational institution or district
4589 school board may not require a student enrolled in a state
4590 approved teacher preparation program to purchase liability
4591 insurance as a condition of participation in any clinical field
4592 experience or related activity on the premises of an elementary
4593 or secondary school.
4594 Section 57. Subsections (4), (5), and (6) of section
4595 1012.71, Florida Statutes, are amended to read:
4596 1012.71 The Florida Teachers Classroom Supply Assistance
4597 Program.—
4598 (4) Each classroom teacher must provide the school district
4599 with receipts for the expenditure of the funds. If the classroom
4600 teacher is provided funds in advance of expenditure, the Each
4601 classroom teacher must sign a statement acknowledging receipt of
4602 the funds, provide keep receipts as requested by the school
4603 district for no less than 4 years to show that funds expended
4604 meet the requirements of this section, and return any unused
4605 funds or funds for which there are undocumented expenditures to
4606 the district school board by at the end of the regular school
4607 year. Any unused funds or funds for which there are undocumented
4608 expenditures which that are returned to the district school
4609 board shall be deposited into the school advisory council
4610 account of the school at which the classroom teacher returning
4611 the funds was employed when that teacher received the funds or
4612 deposited into the Florida Teachers Classroom Supply Assistance
4613 Program account of the school district in which a charter school
4614 is sponsored, as applicable.
4615 (5) The statement must be signed and dated by each
4616 classroom teacher before receipt of the Florida Teachers
4617 Classroom Supply Assistance Program funds and shall include the
4618 wording: “I, ...(name of teacher)..., am employed by the
4619 ....County District School Board or by the ....Charter School as
4620 a full-time classroom teacher. I acknowledge that Florida
4621 Teachers Classroom Supply Assistance Program funds are
4622 appropriated by the Legislature for the sole purpose of
4623 purchasing classroom materials and supplies to be used in the
4624 instruction of students assigned to me. In accepting custody of
4625 these funds, I agree to keep the receipts for all expenditures
4626 for no less than 4 years. I understand that if I do not keep the
4627 receipts, it will be my personal responsibility to pay any
4628 federal taxes due on these funds. I also agree to return any
4629 unexpended funds to the district school board at the end of the
4630 regular school year for deposit into the school advisory council
4631 account of the school where I was employed at the time I
4632 received the funds or for deposit into the Florida Teachers
4633 Classroom Supply Assistance Program account of the school
4634 district in which the charter school is sponsored, as
4635 applicable.”
4636 (5)(6) The Department of Education and district school
4637 boards may, and are encouraged to, enter into public-private
4638 partnerships in order to increase the total amount of Florida
4639 Teachers Classroom Supply Assistance Programs funds available to
4640 classroom teachers.
4641 Section 58. Section 1012.731, Florida Statutes, is created
4642 to read:
4643 1012.731 The Florida Best and Brightest Teacher Scholarship
4644 Program.—
4645 (1) The Legislature recognizes that, second only to
4646 parents, teachers play the most critical role within schools in
4647 preparing students to achieve a high level of academic
4648 performance. The Legislature further recognizes that research
4649 has linked student outcomes to a teacher’s own academic
4650 achievement. Therefore, it is the intent of the Legislature to
4651 designate teachers who have achieved high academic standards
4652 during their own education as Florida’s best and brightest
4653 teacher scholars.
4654 (2) There is created the Florida Best and Brightest Teacher
4655 Scholarship Program to be administered by the Department of
4656 Education. Beginning in the 2015-2016 school year, the
4657 scholarship program shall provide categorical funding for
4658 scholarships to be awarded to teachers who have demonstrated a
4659 high level of academic achievement.
4660 (3)(a) To be eligible for a scholarship, a teacher:
4661 1. Must have scored at or above the 80th percentile on
4662 either the SAT or the ACT based upon the percentile ranks in
4663 effect when the teacher took the assessment and have been
4664 evaluated as highly effective pursuant to s. 1012.34; or
4665 2. If the teacher is a first-year teacher who has not been
4666 evaluated pursuant to s. 1012.34, must have scored at or above
4667 the 80th percentile on either the SAT or the ACT based upon the
4668 percentile ranks in effect when the teacher took the assessment.
4669 (b) In order to demonstrate eligibility for an award, an
4670 eligible teacher must submit to the school district, no later
4671 than October 1, an official record of his or her SAT or ACT
4672 score demonstrating that the teacher scored at or above the 80th
4673 percentile based upon the percentile ranks in effect when the
4674 teacher took the assessment. Once a teacher is deemed eligible
4675 by the school district, the teacher shall remain eligible as
4676 long as he or she is employed by the school district and
4677 maintains or, if the teacher is a first-year teacher, earns the
4678 evaluation designation of highly effective pursuant to s.
4679 1012.34.
4680 (4) Annually, by December 1, each school district shall
4681 submit to the department the number of eligible teachers who
4682 qualify for the scholarship.
4683 (5) Annually, by February 1, the department shall disburse
4684 scholarship funds, in an amount prescribed annually by the
4685 Legislature in the General Appropriations Act, to each school
4686 district for each eligible teacher to receive a scholarship. If
4687 the number of eligible teachers exceeds the total appropriation
4688 authorized in the General Appropriation Act, the department
4689 shall prorate the per teacher scholarship amount.
4690 (6) Annually, by April 1, each school district shall
4691 provide payment of the scholarship to each eligible teacher.
4692 (7) For purposes of this section, the term “school
4693 district” includes the Florida School for the Deaf and the Blind
4694 and charter school governing boards.
4695 Section 59. Section 1012.75, Florida Statutes, is amended
4696 to read:
4697 1012.75 Liability of teacher or principal; excessive
4698 force.—
4699 (1) Except in the case of excessive force or cruel and
4700 unusual punishment, a teacher or other member of the
4701 instructional staff, a principal or the principal’s designated
4702 representative, or a bus driver shall not be civilly or
4703 criminally liable for any action carried out in conformity with
4704 State Board of Education and district school board rules
4705 regarding the control, discipline, suspension, and expulsion of
4706 students, including, but not limited to, any exercise of
4707 authority under s. 1003.32 or s. 1006.09.
4708 (2) The State Board of Education shall adopt rules that
4709 outline administrative standards for the use of reasonable force
4710 by school personnel to maintain a safe and orderly learning
4711 environment. Such standards shall be distributed to each school
4712 in the state and shall provide guidance to school personnel in
4713 receiving the limitations on liability specified in this
4714 section.
4715 (3) Beginning with the 2015-2016 school year, the
4716 Department of Education shall administer an educator liability
4717 insurance program, as provided in the General Appropriation Act,
4718 to protect full-time instructional personnel from liability for
4719 monetary damages and the costs of defending actions resulting
4720 from claims made against the instructional personnel arising out
4721 of occurrences in the course of activities within the
4722 instructional personnel’s professional capacity. For purposes of
4723 this subsection, the terms “full-time,” “part-time,” and
4724 “administrative personnel” shall be defined by the individual
4725 district school board. For purposes of this subsection, the term
4726 “instructional personnel” has the same meaning as provided in s.
4727 1012.01(2).
4728 (a) Liability coverage of at least $2 million shall be
4729 provided to all full-time instructional personnel. Liability
4730 coverage may be provided to the following individuals who choose
4731 to participate in the program, at cost: part-time instructional
4732 personnel, administrative personnel, and students enrolled in a
4733 state-approved teacher preparation program pursuant to s.
4734 1012.39(3).
4735 (b) Annually, by August 1, each district school board shall
4736 notify personnel specified in paragraph (a) of the liability
4737 coverage provided pursuant to this subsection. The department
4738 shall develop the form of the notice which each district school
4739 board must use. The notice must be on an 8 1/2-inch by 5 1/2
4740 inch postcard and include the amount of coverage, a general
4741 description of the nature of the coverage, and the contact
4742 information for coverage and claims questions. The notification
4743 must be provided separately from any other correspondence. Each
4744 district school board shall certify to the department, by August
4745 5 of each year, that the notification required by this paragraph
4746 has been provided.
4747 (c) The department shall consult with the Department of
4748 Financial Services to select the most economically prudent and
4749 cost-effective means of implementing the program through self
4750 insurance, a risk management program, or competitive
4751 procurement.
4752 Section 60. Section 1013.385, Florida Statutes, is created
4753 to read:
4754 1013.385 School district construction flexibility.—
4755 (1) A district school board may, with a supermajority vote
4756 at a public meeting that begins no earlier than 5 p.m., adopt a
4757 resolution to implement one or more of the exceptions to the
4758 educational facilities construction requirements provided in
4759 this section. Before voting on the resolution, a district school
4760 board must conduct a cost-benefit analysis prepared according to
4761 a professionally accepted methodology that describes how each
4762 exception selected by the district school board achieves cost
4763 savings, improves the efficient use of school district
4764 resources, and impacts the life-cycle costs and life span for
4765 each educational facility to be constructed, as applicable, and
4766 demonstrates that implementation of the exception will not
4767 compromise student safety or the quality of student instruction.
4768 The district school board must conduct at least one public
4769 workshop to discuss and receive public comment on the proposed
4770 resolution and cost-benefit analysis, which must begin no
4771 earlier than 5 p.m. and may occur at the same meeting at which
4772 the resolution will be voted upon.
4773 (2) A resolution adopted under this section may propose
4774 implementation of exceptions to requirements relating to:
4775 (a) Interior nonload-bearing walls, as specified in s.
4776 423.8.3.1.1 of the Florida Building Code, by approving the use
4777 of fire-rated wood stud walls in new construction or remodeling
4778 for interior nonload-bearing wall assemblies that will not be
4779 exposed to water or located in wet areas.
4780 (b) Walkways, roadways, driveways, and parking areas, as
4781 specified in s. 423.10.2 of the Florida Building Code, by
4782 approving the use of designated, stabilized, and well-drained
4783 gravel or grassed student parking areas.
4784 (c) Standards for relocatables used as classroom space, as
4785 specified in s. 1013.20, by approving construction
4786 specifications for installation of relocatable buildings that do
4787 not have covered walkways leading to the permanent buildings
4788 onsite.
4789 (d) Site lighting, as specified in s. 423.10.3 of the
4790 Florida Building Code, by approving construction specifications
4791 regarding site lighting which:
4792 1. Do not provide for lighting of gravel or grassed
4793 auxiliary or student parking areas.
4794 2. Provide lighting for walkways, roadways, driveways,
4795 paved parking lots, exterior stairs, ramps, and walkways from
4796 the exterior of the building to a public walkway through
4797 installation of a timer that is set to provide lighting only
4798 during periods when the site is occupied.
4799 3. Allow lighting for building entrances and exits to be
4800 installed with a timer that is set to provide lighting only
4801 during periods in which the building is occupied. The minimum
4802 illumination level at single-door exits may be reduced to no
4803 less than 1 footcandle.
4804 Section 61. Subsection (4) of section 1013.40, Florida
4805 Statutes, is amended to read:
4806 1013.40 Planning and construction of Florida College System
4807 institution facilities; property acquisition.—
4808 (4) The campus of a Florida College System institution
4809 within a municipality designated as an area of critical state
4810 concern, as defined in s. 380.05, and having a comprehensive
4811 plan and land development regulations containing a building
4812 permit allocation system that limits annual growth, may
4813 construct dormitories for up to 400 100 beds for Florida College
4814 System institution students. Such dormitories are shall be
4815 exempt from the building permit allocation system and may be
4816 constructed up to 45 feet in height if the dormitories provided
4817 that they are otherwise consistent with the comprehensive plan,
4818 the Florida College System institution has a hurricane
4819 evacuation plan that requires all dormitory occupants to be
4820 evacuated 48 hours in advance of tropical force winds, and that
4821 transportation is provided for dormitory occupants during an
4822 evacuation.
4823 Section 62. Subsection (7) is added to section 1013.74,
4824 Florida Statutes, to read:
4825 1013.74 University authorization for fixed capital outlay
4826 projects.—
4827 (7) A university board of trustees may expend reserve or
4828 carry forward balances from prior year operational and
4829 programmatic appropriations for fixed capital outlay projects
4830 authorized for academic instructional space or critical deferred
4831 maintenance needs in this area as approved by the Board of
4832 Governors.
4833 Section 63. The State Board of Education, in collaboration
4834 with the Board of Governors, shall evaluate and report on the
4835 status of Florida’s “2+2” system of articulation using the
4836 accountability measures required under this section or any other
4837 state law. By November 1, 2016, the state board and the Board of
4838 Governors shall submit their report to the Governor, the
4839 President of the Senate, and the Speaker of the House of
4840 Representatives. The report must include findings regarding the
4841 status of Florida’s “2+2” system of articulation and
4842 recommendations for improvement.
4843 Section 64. The Division of Law Revision and Information is
4844 directed to prepare a reviser’s bill for the 2016 Regular
4845 Session to conform the Florida Statutes to the changes in
4846 terminology made by this act. The reviser’s bill must substitute
4847 the term “Division of Florida Community Colleges” for “Division
4848 of Florida Colleges”; “Florida Community College System” for
4849 “Florida College System”; and “Florida Community College System
4850 institution” for “Florida College System institution” where
4851 those terms appear in the Florida Statutes.
4852 Section 65. This act shall take effect July 1, 2015.
