Bill Text: FL S1806 | 2010 | Regular Session | Comm Sub
Bill Title: Education [SPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-04-26 - Placed on Special Order Calendar; Read 2nd time -SJ 00855; Substituted HB 7037 -SJ 00855; Laid on Table, companion bill(s) passed, see HB 7037 (Ch. 2010-70), CS/CS/SB 4 (Ch. 2010-22), CS/CS/SB 1412 (Ch. 2010-102) -SJ 00855 [S1806 Detail]
Download: Florida-2010-S1806-Comm_Sub.html
Florida Senate - 2010 CS for SB 1806 By the Committee on Education Pre-K - 12; and Senator Detert 581-04245-10 20101806c1 1 A bill to be entitled 2 An act relating to education; amending s. 413.20, 3 F.S.; redefining and deleting terms relating to 4 vocational rehabilitation programs; replacing an 5 obsolete term; amending s. 413.30, F.S.; revising 6 provisions relating to eligibility for vocational 7 rehabilitation services; providing for an 8 individualized plan for employment; requiring the 9 Division of Vocational Rehabilitation in the 10 Department of Education to conduct trial work 11 experiences before determining that an individual is 12 incapable of benefiting from services; requiring the 13 division to refer an individual to other services if 14 the division determines that the individual is 15 ineligible for vocational rehabilitation services; 16 requiring the division to serve those having the most 17 significant disabilities first under specified 18 circumstances; conforming provisions to changes made 19 by the act; amending s. 413.341, F.S.; allowing 20 confidential records to be released for audit, program 21 evaluation, or research purposes; amending s. 413.371, 22 F.S.; requiring the division to administer an 23 independent living program; conforming provisions to 24 changes made by the act; repealing the division’s 25 authority to contract for specified services; amending 26 s. 413.393, F.S.; correcting references and conforming 27 provisions to changes made by the act; amending s. 28 413.40, F.S.; revising the division’s powers to 29 administer the independent living program; authorizing 30 the division to employ specified individuals and to 31 contract for services in accordance with the state 32 plan for independent living; conforming provisions to 33 changes made by the act; amending s. 413.405, F.S.; 34 revising the membership of the Florida Rehabilitation 35 Council; providing that Department of Education 36 employees may serve only as nonvoting members; 37 revising provisions relating to terms of office; 38 revising council functions; correcting references and 39 replacing obsolete cross-references; amending s. 40 413.407, F.S.; correcting a reference; repealing s. 41 413.206, F.S., relating to a 5-year plan for the 42 division; repealing s. 413.39, F.S., relating to 43 administration of the independent living program; 44 repealing ss. 413.70 and 413.72, F.S., relating to the 45 limiting disabilities program; repealing s. 413.73, 46 F.S., relating to the disability assistance program; 47 repealing s. 1013.05, F.S., relating to the Office of 48 Educational Facilities and SMART Schools 49 Clearinghouse; amending ss. 163.31777, 1001.20, and 50 1013.04, F.S.; deleting obsolete references; amending 51 s. 1013.21, F.S.; deleting obsolete references; 52 requiring the Office of Educational Facilities in the 53 Department of Education to monitor district facilities 54 work programs; amending ss. 1013.33 and 1013.35, F.S.; 55 deleting obsolete references; amending s. 1013.41, 56 F.S.; deleting obsolete references; requiring the 57 Office of Educational Facilities to assist school 58 districts in building SMART schools; amending s. 59 1013.42, F.S.; deleting obsolete references; 60 specifying criteria for the prioritization of School 61 Infrastructure Thrift Program awards; amending s. 62 1013.72, F.S.; revising the cost per student station 63 for purposes of School Infrastructure Thrift Program 64 awards; deleting obsolete references; amending s. 65 1013.73, F.S.; deleting an obsolete reference; 66 requiring the Division of Statutory Revision of the 67 Office of Legislative Services to prepare a reviser’s 68 bill to make conforming changes to address past 69 legislation amending terminology relating to the 70 Florida College System; repealing s. 1004.87, F.S., 71 relating to Florida College System Task Force; 72 repealing s. 1002.335, F.S., relating to the Florida 73 Schools of Excellence Commission; amending s. 1002.33, 74 F.S.; conforming provisions to changes made by the 75 act; repealing s. 1003.413(5), F.S., relating to the 76 Secondary School Improvement Award Program; repealing 77 s. 1003.62, F.S., relating to academic performance 78 based charter school districts; amending ss. 1011.69 79 and 1013.64, F.S.; conforming provisions to changes 80 made by the act; repealing ss. 1003.63 and 81 1008.345(7), F.S., relating to the deregulated public 82 schools pilot program; amending s. 1004.68, F.S.; 83 conforming a cross-reference; repealing s. 1006.67, 84 F.S., relating to the reporting of campus crime 85 statistics; amending s. 1013.11, F.S.; conforming 86 provisions to changes made by the act; repealing ss. 87 1009.63 and 1009.631, F.S., relating to the 88 occupational therapist or physical therapist critical 89 shortage program; repealing s. 1009.632, F.S., 90 relating to the Critical Occupational Therapist or 91 Physical Therapist Shortage Student Loan Forgiveness 92 Program; repealing s. 1009.633, F.S., relating to the 93 Critical Occupational Therapist or Physical Therapist 94 Shortage Scholarship Loan Program; repealing s. 95 1009.634, F.S., relating to the Critical Occupational 96 Therapist or Physical Therapist Shortage Tuition 97 Reimbursement Program; repealing s. 1009.64, F.S., 98 relating to the Certified Education Paraprofessional 99 Welfare Transition Program; amending ss. 1009.40 and 100 1009.94, F.S.; conforming provisions to changes made 101 by the act; providing an effective date. 102 103 Be It Enacted by the Legislature of the State of Florida: 104 105 Section 1. Subsections (12) through (33) of section 413.20, 106 Florida Statutes, are amended to read: 107 413.20 Definitions.—As used in this part, the term: 108 (12) “Independent living services” means any appropriate 109 rehabilitation service that will enhance the ability of a person 110 who has a significantseveredisability to live independently, 111 to function within her or his family and community and, if 112 appropriate, to secure and maintain employment. Services may 113 include, but are not limited to, psychological counseling and 114 psychotherapeutic counseling; independent living care services; 115 community education and related services; housing assistance; 116 physical and mental restoration; personal attendant care; 117 transportation; personal assistance services; interpretive 118 services for persons who are deaf; recreational activities; 119 services to family members of persons who have significant 120severedisabilities; vocational and other training services; 121 telecommunications services; sensory and other technological 122 aids and devices; appropriate preventive services to decrease 123 the needs of persons assisted under the program; and other 124 rehabilitation services appropriate for the independent living 125 needs of a person who has a significantseveredisability. 126(13) “Limiting disability” means a physical condition that127constitutes, contributes to, or, if not corrected, will result128in an impairment of one or more activities of daily living but129does not result in an individual qualifying as a person who has130a disability.131 (13)(14)“Occupational license” means any license, permit, 132 or other written authority required by any governmental unit to 133 be obtained in order to engage in an occupation. 134 (14)(15)“Ongoing support services” means services provided 135 at a twice-monthly minimum to persons who have a most 136 significant disability, to: 137 (a) Make an assessment regarding the employment situation 138 at the worksite of each individual in supported employment or, 139 under special circumstances at the request of the individual, 140 offsite. 141 (b) Based upon the assessment, provide for the coordination 142 or provision of specific intensive services, at or away from the 143 worksite, that are needed to maintain the individual’s 144 employment stability. 145 146 The ongoing support services may consist of, but are not limited 147 to, the provision of skilled job trainers who accompany the 148 individual for intensive job-skill training at the worksite, job 149 development and placement, social skills training, followup 150 services, and facilitation of natural supports at the worksite. 151 (15)(16)“Person who has a disability” means an individual 152 who has a physical or mental impairment that, for the 153 individual, constitutes or results in a substantial impediment 154 to employment and who canthereforebenefit in terms of an 155 employment outcome from vocational rehabilitation services. The 156 term encompasses the terms “person who has a significant 157 disability” and “person who has a most significant disability.” 158 (16)(17)“Person who has a significant disability” means an 159 individual who has a disability that is a severe physical or 160 mental impairment that seriously limits one or more functional 161 capacities, such as mobility, communication, self-care, self 162 direction, interpersonal skills, work tolerance, or work skills, 163 in terms of an employment outcome; whose vocational 164 rehabilitation may be expected to require multiple vocational 165 rehabilitation services over an extended period of time; and who 166 has one or more physical or mental disabilities resulting from 167 amputation, arthritis, autism, blindness, burn injury, cancer, 168 cerebral palsy, cystic fibrosis, deafness, head injury, heart 169 disease, hemiplegia, hemophilia, respiratory or pulmonary 170 dysfunction, mental retardation, mental illness, multiple 171 sclerosis, muscular dystrophy, musculoskeletal disorder, 172 neurological disorder, including stroke and epilepsy, 173 paraplegia, quadriplegia, or other spinal cord condition, 174 sickle-cell anemia, specific learning disability, end-stage 175 renal disease, or another disability or a combination of 176 disabilities that is determined, after an assessment for 177 determining eligibility and vocational rehabilitation needs, to 178 cause comparable substantial functional limitation. 179 (17)(18)“Person who has a most significant disability” 180 means a person who has a significant disability who meets the 181 designated administrative unit’s criteria for a person who has a 182 most significant disability. 183 (18)(19)“Personal assistance services” means a range of 184 services, provided by one or more individualspersons, designed 185 to assist a person who has a disability to perform daily living 186 activities, on or off the job, that the personindividualwould 187 typically perform if the personindividualdid not have a 188 disability. Such services shall be designed to increase the 189 person’sindividual’scontrol in life and ability to perform 190 everyday activities on or off the job. The services must be 191 necessary for achieving an employment outcome and may be 192 provided only if the person who has a disability is receiving 193 other vocational rehabilitation services. The services may 194 include training in managing, supervising, and directing 195 personal assistance services. 196 (19)(20)“Physical and mental restoration” means any 197 medical, surgical, or therapeutic treatment necessary to correct 198 or substantially modify a physical or mental condition that is 199 stable or slowly progressive and constitutes an impediment to 200 employment, but is of such nature that the treatment can 201 reasonably be expected to correct or modify such impediment to 202 employment within a reasonable length of time, including, but 203 not limited to, medical, psychiatric, dental, and surgical 204 treatment, nursing services, hospital care in connection with 205 surgery or treatment, convalescent home care, drugs, medical and 206 surgical supplies, and prosthetic and orthotic devices. 207(21) “Program” means an agency, organization, or208institution, or a unit of an agency, organization, or209institution, that provides directly or facilitates the provision210of vocational rehabilitation services as one of its major211functions.212(22) “Rehabilitation” means those events and processes213occurring after injury and progressing to ultimate stabilization214and maximum possible recovery.215(23) “Rehabilitation service” means any service, provided216directly or indirectly through public or private agencies, found217by the division to be necessary to enable a person who has a218limiting disability to engage in competitive employment.219(24) “Rules” means rules adopted by the department in the220manner prescribed by law.221 (20)(25)“State plan” means the state plan approved by the 222 Federal Government as qualifying for federal funds under the 223 Rehabilitation Act of 1973, as amended. However, the term “state 224 plan,” as used in ss. 413.393-413.401413.39-413.401, means the 225 state plan for independent livingRehabilitative Servicesunder 226 Title VII(A) of the Rehabilitation Act of 1973, as amended. 227 (21)(26)“Supported employment” means competitive work in 228 integrated working settings for persons who have most 229 significantseveredisabilities and for whom competitive 230 employment has not traditionally occurred or for whom 231 competitive employment has been interrupted or is intermittent 232 as a result of suchaseveredisability. Persons who have most 233 significantseveredisabilities requiring supported employment 234 need intensive supported employment services or extended 235 services in order to perform such work. 236 (22)(27)“Supported employment services” means ongoing 237 support services and other appropriate services needed to 238 support and maintain a person who has a most significantsevere239 disability in supported employment. Supported employment 240 services are based upon a determination of the needs of the 241 eligible individual as specified in the person’s individualized 242 plan for employmentwritten rehabilitation program. The services 243 are provided singly or in combination and are organized and made 244 available in such a way as to assist eligible individuals in 245 entering or maintaining integrated, competitive employment. The 246 services are provided for a period of time not to extend beyond 247 18 months, but can be extended under special circumstances with 248 the consent of the individual in order to achieve the objectives 249 of the rehabilitation plan. 250 (23)(28)“Third-party coverage” means any claim for, right 251 to receive payment for or any coverage for, the payment of any 252 vocational rehabilitation and related services. 253 (24)(29)“Third-party payment” means any and all payments 254 received or due as a result of any third-party coverage. 255 (25)(30)“Transition services” means a coordinated set of 256 activities for a student, designed within an outcome-oriented 257 process, that promote movement from school to postschool 258 activities, including postsecondary education; vocational 259 training; integrated employment;includingsupported employment; 260 continuing and adult education; adult services; independent 261 living; or community participation. The coordinated set of 262 activities must be based upon the individual student’s needs, 263 taking into account the student’s preferences and interests, and 264 must include instruction, community experiences, the development 265 of employment and other postschool adult living objectives, and, 266 ifwhenappropriate, acquisition of daily living skills and 267 functional vocational evaluation. 268(31) “Transitional living facility” means a state-approved269facility as defined and licensed pursuant to chapter 400 and270division-approved in accord with this part.271 (26)(32)“Vocational rehabilitation” and “vocational 272 rehabilitation services” mean any service, provided directly or 273 through public or private entitiesinstrumentalities, to enable 274 an individual or group of individuals to achieve an employment 275 outcome, including, but not limited to, medical and vocational 276 diagnosis, an assessment for determining eligibility and 277 vocational rehabilitation needs by qualified personnel; 278 counseling, guidance, and work-related placement services; 279 vocational and other training services; physical and mental 280 restoration services; maintenance for additional costs incurred 281 while participating in rehabilitation; interpreter services for 282 individuals who are deaf; recruitment and training services to 283 provide new employment opportunities in the fields of 284 rehabilitation, health, welfare, public safety, law enforcement, 285 and other appropriate service employment; occupational licenses; 286 tools, equipment, and initial stocks and supplies; 287 transportation; telecommunications, sensory, and other 288 technological aids and devices; rehabilitation technology 289 services; referral services designed to secure needed services 290 from other agencies; transition services; on-the-job or other 291 related personal assistance services; and supported employment 292 services. 293(33) “Vocational rehabilitation and related services” means294any services that are provided or paid for by the division.295 Section 2. Section 413.30, Florida Statutes, is amended to 296 read: 297 413.30 Eligibility for vocational rehabilitation services.— 298 (1) A person is eligible for vocational rehabilitation 299 services if the person has a disability and requires vocational 300 rehabilitation services to prepare for, enter, engage in, or 301 retain gainful employment. 302 (2) Determinations by other state or federal agencies 303 regarding whether an individual satisfies one or more factors 304 relating to the determination that an individual has a 305 disability may be used. Individuals determined to have a 306 disability pursuant to Title II or Title XVI of the Social 307 Security Act shall be considered to have a physical or mental 308 impairment that constitutes or results in a substantial 309 impediment to employment and a significant disabilitysevere310physical or mental impairment that seriously limits one or more311functional capacities in terms of an employment outcome. 312 (3) An individual isshall bepresumed to benefit in terms 313 of an employment outcome from vocational rehabilitation services 314 under this part unless the division can demonstrate by clear and 315 convincing evidence that the individual is incapable of 316 benefiting from vocational rehabilitation services in terms of 317 an employment outcome. Before making a determination, the 318 division must consider the individual’s abilities, capabilities, 319 and capacity to perform in a work situation through the use of 320 trial work experiences. Trial work experiences include supported 321 employment, on-the-job training, or other work experiences using 322 realistic work settings. Under limited circumstances, if an 323 individual cannot take advantage of trial work experiences or if 324 options for trial work experiences have been exhaustedTo325demonstrate that an individual cannot benefit from vocational326rehabilitation services due to the severity of the individual’s327disability, the division shall conduct an extended evaluation, 328 not to exceed 18 months. The evaluation must determine the 329 eligibility of the individual and the nature and scope of needed 330 vocational rehabilitation services. The extended evaluation must 331 be reviewed once every 90 days to determine whether the 332 individual is eligible for vocational rehabilitation services. 333 (4) The division shall determine the eligibility of an 334 individual for vocational rehabilitation services within a 335 reasonable period of time, not to exceed 60 days after the 336 individual has submitted an application to receive vocational 337 rehabilitation services, unlessthe division notifies the338individual that exceptional andunforeseen circumstances beyond 339 the control of the division prevent the division from completing 340 the determination within the prescribed time and the division 341 and the individual agreeagreesthat an extension of time is 342 warrantedor that an extended evaluation is required. 343 (5) When the division determinesAs soon as a determination344has been madethat an individual is eligible for vocational 345 rehabilitation services, the division must complete an 346 assessment for determining eligibility and vocational 347 rehabilitation needs and ensure that an individualized plan for 348 employmentwritten rehabilitation programis prepared. 349 (a) EachTheindividualized plan for employmentwritten350rehabilitation programmust be jointly developed, agreed upon, 351 and signed by the vocational rehabilitation counselor or 352 coordinator and the eligible individual or, in an appropriate 353 case, a parent, family member, guardian, advocate, or authorized 354 representative, of thesuchindividual. 355 (b) The division must ensure that each individualized plan 356 for employmentwritten rehabilitation programis designed to 357 achieve the specific employment outcomeobjectiveof the 358 individual, consistent with the unique strengths, resources, 359 priorities, concerns, abilities, and capabilities of the 360 individual, and otherwise meets the content requirements for an 361 individualized plan for employmentwritten rehabilitation362programsas set out in federal law or regulation. 363 (c) Each individualized plan for employmentwritten364rehabilitation programshall be reviewed annually, at which time 365 the individual, or the individual’s parent, guardian, advocate, 366 or authorized representative, shall be afforded an opportunity 367 to review the planprogramand jointly redevelop and agree to 368 its terms. Each planindividualized written rehabilitation369programshall be revised as needed. 370 (6) The division must ensure that a determination of 371 ineligibility made with respect to an individual beforeprior to372 the initiation of an individualized plan for employmentwritten373rehabilitation program, based upon the review, and, to the 374 extent necessary, upon the preliminary assessment, includes 375 specification of the reasons for such a determination; the 376 rights and remedies available to the individual, including, if 377 appropriate, recourse to administrative remedies; and the 378 availability of services provided by the client assistance 379 program to the individual. If there is a determination of 380 ineligibility, the division must refer the individual to other 381 services that are part of the one-stop delivery system under s. 382 445.009 and that address the individual’s training or 383 employment-related needs or to local extended employment 384 providers if the determination is based on a finding that the 385 individual is incapable of achieving an employment outcome. 386 (7) If the division provides an eligible individualperson387 with vocational rehabilitation services in the form of vehicle 388 modifications, the division shall consider all options 389 available, including the purchase of a new, original equipment 390 manufacturer vehicle that complies with the Americans with 391 Disabilities Act for transportation vehicles. The division shall 392 make the decision on vocational rehabilitation services based on 393 the best interest of the eligible individualclientand cost 394 effectiveness. 395 (8) IfIn the eventthe division is unable to provide 396 services to all eligible individuals, the division shall 397 establish an order of selection and servefirstthose persons 398 who have the most significantseveredisabilities first. 399 Section 3. Subsection (1) of section 413.341, Florida 400 Statutes, is amended to read: 401 413.341 Applicant and eligible individualclientrecords; 402 confidential and privileged.— 403 (1) All oral and written records, information, letters, and 404 reports received, made, or maintained by the division relative 405 to anyclient orapplicant or eligible individual are 406 privileged, confidential, and exempt from the provisions of s. 407 119.07(1). Any person who discloses or releases such records, 408 information, or communications in violation of this section 409 commits a misdemeanor of the second degree, punishable as 410 provided in s. 775.082 or s. 775.083. Such records may not be 411 released except that: 412 (a) Records may be released to theclient orapplicant or 413 eligible individual or his or her representative upon receipt of 414 a written waiver from theclient orapplicant or eligible 415 individual. Medical, psychological, or other information that 416 the division believes may be harmful to ana client orapplicant 417 or eligible individual may not be released directly to him or 418 her, but must be provided through his or her designated 419 representative. 420 (b) Recordsthat do not identify clients or applicantsmay 421 be released to an entity or individual officially engaged in an 422 audit, a program evaluation, orfor the purpose ofresearch,423when the research is approved by the division director. 424 Personally identifying information released under this paragraph 425 remains privileged, confidential, and exempt under this section 426 and may not be disclosed to third parties. 427 (c) Records used in administering the program may be 428 released as required to administer the program or as required by 429 an agency or political subdivision of the state in the 430 performance of its duties. Any agency or political subdivision 431 to which records are released under this paragraph may not 432 disclose the records to third parties. 433 (d) Records may be released upon the order of an 434 administrative law judge, a hearing officer, a judge of 435 compensation claims, an agency head exercising quasi-judicial 436 authority, or a judge of a court of competent jurisdiction 437 following a finding in an in camera proceeding that the records 438 are relevant to the inquiry before the court and should be 439 released. The in camera proceeding and all records relating 440 thereto are confidential and exempt from the provisions of s. 441 119.07(1). 442 (e) Whenever an applicant or eligible individual receiving 443 services has declared any intention to harm other persons or 444 property, such declaration may be disclosed. 445 (f) The division may also release personal information 446 about an applicant or eligible individual receiving services in 447 order to protect him or her or others when he or she poses a 448 threat to his or her own safety or to the safety of others and 449 shall, upon official request, release such information to law 450 enforcement agencies investigating the commission of a crime. 451 Section 4. Section 413.371, Florida Statutes, is amended to 452 read: 453 413.371 Independent living program; establishment and 454 administrationmaintenance.—The division shall establish and 455 administermaintainan independent living program that will 456 provide any appropriate rehabilitation services or other 457 services to enhance the ability of persons who have significant 458severedisabilities to live independently and function within 459 their communities and, if appropriate, to secure and maintain 460 employment.The division, at its sole discretion and within the461constraints of its funding, may contract with centers for462independent living to provide such services.463 Section 5. Subsection (1) of section 413.393, Florida 464 Statutes, is amended to read: 465 413.393 State plan for independent living.— 466 (1) The state plan for independent living shall be jointly 467 developed and submitted by the Florida Independent Living 468 Council and the division, and the plan must: 469 (a) Include the existence of appropriate planning, 470 financial support and coordination, and other assistance to 471 appropriately address, on a statewide and comprehensive basis, 472 needs in the state for the provision of state independent living 473 services; the development and support of a statewide network of 474 centers for independent living; and working relationships 475 between programs providing independent living services and 476 independent living centers and the vocational rehabilitation 477 program established to provide services for persons who have 478 disabilities. 479 (b) Specify the objectives to be achieved under the plan, 480 establish time periods for the achievement of the objectives, 481 and explain how such objectives are consistent with and further 482 the purpose of this part. 483 (c) Specify that the state will provide independent living 484 services under this part to persons who have significantsevere485 disabilities and will provide the services in accordance with an 486 independent living plan mutually agreed upon by an appropriate 487 staff member of the service provider and the individual, unless 488 the individual signs a waiver stating that such a plan is 489 unnecessary. 490 (d) Describe the extent and scope of independent living 491 services to be provided under this part to meet such objectives. 492 If the state makes arrangements, by grant or contract, for 493 providing such services, such arrangements shall be described in 494 the plan. 495 (e) Set forth a design for the establishment of a statewide 496 network of centers for independent living that comply with the 497 standards and assurances set forth in federal law. 498 (f) Set forth the steps that will be taken to maximize the 499 cooperation, coordination, and working relationships among the 500 independent living rehabilitation service program, the Florida 501 Independent Living Council, centers for independent living, the 502 division, other agencies represented on such council, other 503 councils that address the needs of specific disability 504 populations and issues, and other public and private entities 505 determined to be appropriate by the council. 506 (g) Describe how services funded under this part will be 507 coordinated with, and complement, other services in order to 508 avoid unnecessary duplication with other federal and state 509 funding for centers for independent living and independent 510 living services. 511 (h) Set forth steps to be taken regarding outreach to 512 populations that are not served or that are underserved by 513 programs under the act, including minority groups and urban and 514 rural populations. 515 (i) Provide satisfactory assurances that all entities 516 receiving financial assistance funds under this part will notify 517 all individuals seeking or receiving services under this part 518 about the availability of the client-assistance program, the 519 purposes of the services provided under such program, and how to 520 contact such program; take affirmative action to employ and 521 advance in employment qualified persons who have disabilities on 522 the same terms and conditions required with respect to the 523 employment of such persons; adopt such fiscal control and fund 524 accounting procedures as may be necessary to ensure the proper 525 disbursement of and accounting for funds paid to the state under 526 this part and meet all the other requirements of federal law or 527 regulation. 528 (j) Establish a method for the periodic evaluation of the 529 effectiveness of the state plan in meeting the objectives of the 530 state plan, including evaluation of satisfaction by persons who 531 have disabilities. 532 Section 6. Section 413.40, Florida Statutes, is amended to 533 read: 534 413.40 Powers of division; independent living program.—The 535 division, in administeringcarrying outa program to provideof536providingindependent livingrehabilitationservices to persons 537 who have significantseveredisabilities, shall be authorized, 538 contingent upon available funding, to: 539 (1) Employ necessary personnel and.540(2) Employconsultants. 541(3) Provide diagnostic, medical, and psychological and542other evaluation services.543(4) Provide training necessary for rehabilitation.544(5) Provide for persons found to require financial545assistance with respect thereto and provide maintenance,546including:547(a) Personal care attendant services while undergoing548rehabilitation.549(b) Transportation incident to necessary rehabilitation550services.551(c) Physical and mental restoration services, prosthetic552appliances, and other equipment determined to be necessary for553rehabilitation.554(6) Provide rehabilitation facilities necessary for the555rehabilitation of persons who have severe disabilities or556contract with facilities such as centers for independent living557for necessary services. The division shall not, however, assume558responsibility for permanent custodial care of any individual559and shall provide rehabilitation services only for a period long560enough to accomplish the rehabilitation objective or to561determine that rehabilitation is not feasible through the562services available under this section.563 (2)(7)Contract with anyentity,public or private entity, 564 including centers for independent living, to provide independent 565 living services in accordance with the state plan for 566 independent living. 567 Section 7. Subsections (1), (2), (7), (9), (10), and (11) 568 of section 413.405, Florida Statutes, are amended to read: 569 413.405 Florida Rehabilitation Council.—There is created 570 the Florida Rehabilitation Council to assist the division in the 571 planning and development of statewide rehabilitation programs 572 and services, to recommend improvements to such programs and 573 services, and to perform the functions listed in this section. 574 (1) The council shall be composed of: 575 (a) At least one representative of the Florida Independent 576 Living Council, one of whom mustwhich representative maybe the 577 chairperson or other designee of the Florida Independent Living 578 Council. 579 (b) At least one representative of a parent training and 580 information center established pursuant to s. 671631(c)(9)of 581 the Individuals with Disabilities Education Act, 20 U.S.C. s. 582 14711431(c)(9). 583 (c) At least one representative of the client assistance 584 program established under s. 112 of the act, one of whom must be 585 the director of the program or other individual recommended by 586 the program. 587 (d) At least one qualified vocational rehabilitation 588 counselor who has knowledge of and experience in vocational 589 rehabilitation programsservices, who shall serve as an ex 590 officio, nonvoting member of the council if the counselor is an 591 employee of the department. 592 (e) At least one representative of community rehabilitation 593 program service providers. 594 (f)At leastFour representatives of business, industry, 595 and labor. 596 (g) Representatives of disabilityadvocacygroups that 597 includerepresentinga cross-section of: 598 1. IndividualsPersonswho have physical, cognitive, 599 sensory, or mental disabilities. 600 2.Parents, family members, guardians, advocates, or601authorizedRepresentatives of individuals withpersons who have602 disabilitiesandwho have difficulty representing themselves 603find it difficult toor are unable due to their disabilities to 604 represent themselves. 605 (h) Current or former applicants for, or recipients of, 606 vocational rehabilitation services. 607 (i) The director of the division, who shall be an ex 608 officio member of the council. 609 (j) At least one representative of the state educational 610 agency responsible for the public education of students with 611 disabilitieswho have a disability andwho are eligible to 612 receive vocational rehabilitation services and services under 613 the Individuals with Disabilities Education Act. 614 (k) At least one representative of the board of directors 615 of Workforce Florida, Inc. 616 (l) At least one representative who is a director of a 617 Vocational Rehabilitation Services Project for American Indians 618 with Disabilities under s. 121 of the act, if this state 619 participates in one or more such projects. 620 (2) Employees of the department may serve only as nonvoting 621 members of the council.Other persons who have disabilities,622representatives of state and local government, employers,623community organizations, and members of the former Occupational624Access and Opportunity Commission may be considered for council625membership.626 (7)(a) Each member of the council shall serve for a term of 627 not more than 3 years, except that: 628 1.(a)A member appointed to fill a vacancy occurring prior 629 to the expiration of the term for which a predecessor was 630 appointed shall be appointed for the remainder of such term. 631 2.(b)The terms of service of the members initially 632 appointed shall be, as specified by the Governor, for such fewer 633 number of years as will provide for the expiration of terms on a 634 staggered basis. 635 (b) ANomember of the council may not serve more than two 636 consecutive full terms; however, this provision does not apply 637 to a member appointed under paragraph (1)(c) or paragraph 638 (1)(l). 639 (9) In addition to the other functions specified in this 640 section, the council shall, after consulting with the board of 641 directors of Workforce Florida, Inc.: 642 (a) Review, analyze, and advise the division regarding the 643 performance of the responsibilities of the division under Title 644 I of the act, particularly responsibilities relating to: 645 1. Eligibility, including order of selection. 646 2. The extent, scope, and effectiveness of services 647 provided. 648 3. Functions performed by state agencies that affect or 649 potentially affect the ability of individuals withwho have650 disabilities in achieving employment outcomesto achieve651rehabilitation goals and objectivesunder Title I. 652 (b) In partnership with the division: 653 1. Develop, agree to, and review state goals and priorities 654 in accordance with 34 C.F.R. 361.29(c); and 655 2. Evaluate the effectiveness of the vocational 656 rehabilitation program and submit reports of progress to the 657 Governor, the President of the Senate, the Speaker of the House 658 of Representatives, and the United States Secretary of Education 659 in accordance with 34 C.F.R. 361.29(e). 660 (c) Advise the department and the division and assist in 661 the preparation of the state plan and amendments to the plan, 662 applications, reports, needs assessments, and evaluations 663 required by Title I. 664 (d) To the extent feasible, conduct a review and analysis 665 of the effectiveness of, and consumer satisfaction with: 666 1. The functions performed by state agencies and other 667 public and private entities responsible for performing functions 668 for individuals who have disabilities. 669 2. Vocational rehabilitation services: 670 a. Provided or paid for from funds made available under the 671 act or through other public or private sources. 672 b. Provided by state agencies and other public and private 673 entities responsible for providing vocational rehabilitation 674 services to individuals who have disabilities. 675 3. The employment outcomes achieved by eligible individuals 676 receiving services under this part, including the availability 677 of health or other employment benefits in connection with those 678 employment outcomes. 679 (e) Prepare and submit an annual report on the status of 680 vocational rehabilitation programsservicesin the state to the 681 Governor, the President of the Senate, the Speaker of the House 682 of Representatives, and the United States Secretary of Education 683 and make the report available to the public. 684 (f) Coordinate with other councils within Florida, 685 including the Florida Independent Living Council, the advisory 686 panel established under s. 612(a)(21)613(a)(12)of the 687 Individuals with Disabilities Education Act, 20 U.S.C. s. 688 1412(a)(21)1413(a)(12), the State Planning Council described in 689 s. 124 of the Developmental Disabilities Assistance and Bill of 690 Rights Act, 42 U.S.C. s. 150246024, the state mental health 691 planning council established under s. 19141916(e)of the Public 692 Health Service Act, 42 U.S.C. s. 300x-3300x-4(e), and the board 693 of directors of Workforce Florida, Inc. 694 (g) Advise the department and division and provide for 695 coordination and the establishment of working relationships 696 among the department, the division, the Florida Independent 697 Living Council, and centers for independent living in the state. 698 (h) Performsuchother functions that are consistent with 699 the duties and responsibilities ofas the council determines to700be appropriate that are comparable to functions performed bythe 701 council under this section. 702 (10)(a) The council shall prepare, in conjunction with the 703 division, a plan for the provision of such resources, including 704 at least four staff persons, as may be necessary to carry out 705 the functions of the council. The resource plan shall, to the 706 maximum extent possible, rely on the use of resources in 707 existence during the period of implementation of the plan. 708 (b)If there isA disagreement between the council and the 709 division regardingin regard tothe amount of resources 710 necessary to carry out the functions of the council as set forth 711 in this section, the disagreementshall be resolved by the 712 Governor. 713 (c) The council shall, consistent with law, supervise and 714 evaluate such staff and other personnel as may be necessary to 715 carry out its functions. 716 (d) While assisting the council in carrying out its duties, 717 staff and other personnel mayshallnot be assigned duties by 718 the division or any other state agency or office that would 719 create a conflict of interest. 720 (11) The council shall convene at least four meetings each 721 year in locations determined by. These meetings shall occur in722such places asthe council to bedeemsnecessary to conduct 723 council business. The council may conduct such forums or 724 hearings as the council considers appropriate. The meetings, 725 hearings, and forums shall be publicly announced. The meetings 726 shall be open and accessible to the public unless there is a 727 valid reason for an executive session. The council shall make a 728 report of each meeting which shall include a record of its 729 discussions and recommendations, all of which reports shall be 730 made available to the public. 731 Section 8. Paragraph (a) of subsection (1) of section 732 413.407, Florida Statutes, is amended to read: 733 413.407 Assistive Technology Advisory Council.—There is 734 created the Assistive Technology Advisory Council, responsible 735 for ensuring consumer involvement in the creation, application, 736 and distribution of technology-related assistance to and for 737 persons who have disabilities. The council shall fulfill its 738 responsibilities through statewide policy development, both 739 state and federal legislative initiatives, advocacy at both the 740 state and federal level, planning of statewide resource 741 allocations, policy-level management, reviews of both consumer 742 responsiveness and the adequacy of program service delivery, and 743 by performing the functions listed in this section. 744 (1)(a) The council shall be composed of: 745 1. Individuals who have disabilities and who are assistive 746 technology consumers or family members or guardians of those 747 individuals. 748 2. Representatives of consumer organizations concerned with 749 assistive technology. 750 3. Representatives of business and industry, including the 751 insurance industry, concerned with assistive technology. 752 4. A representative of the Division of Vocational 753 Rehabilitation. 754 5. A representative of the Division of Blind Services. 755 6. A representative of the Florida Independent Living 756 Council. 757 7. A representative of Workforce Florida, Inc. 758 8. A representative of the Department of Education. 759 9. Representatives of other state agencies that provide or 760 coordinate services for persons with disabilities. 761 762 Total membership on the council shall not exceed 27 at any one 763 time. A majority of the members shall be appointed in accordance 764 with subparagraph 1. 765 Section 9. Sections 413.206, 413.39, 413.70, 413.72, and 766 413.73, Florida Statutes, are repealed. 767 Section 10. Section 1013.05, Florida Statutes, is repealed. 768 Section 11. Paragraph (a) of subsection (1) and paragraph 769 (a) of subsection (3) of section 163.31777, Florida Statutes, 770 are amended to read: 771 163.31777 Public schools interlocal agreement.— 772 (1)(a) The county and municipalities located within the 773 geographic area of a school district shall enter into an 774 interlocal agreement with the district school board which 775 jointly establishes the specific ways in which the plans and 776 processes of the district school board and the local governments 777 are to be coordinated. The interlocal agreements shall be 778 submitted to the state land planning agency and the Office of 779 Educational Facilitiesand the SMART Schools Clearinghousein 780 accordance with a schedule published by the state land planning 781 agency. 782 (3)(a) The Office of Educational Facilitiesand SMART783Schools Clearinghouseshall submit any comments or concerns 784 regarding the executed interlocal agreement to the state land 785 planning agency within 30 days after receipt of the executed 786 interlocal agreement. The state land planning agency shall 787 review the executed interlocal agreement to determine whether it 788 is consistent with the requirements of subsection (2), the 789 adopted local government comprehensive plan, and other 790 requirements of law. Within 60 days after receipt of an executed 791 interlocal agreement, the state land planning agency shall 792 publish a notice of intent in the Florida Administrative Weekly 793 and shall post a copy of the notice on the agency’s Internet 794 site. The notice of intent must state whether the interlocal 795 agreement is consistent or inconsistent with the requirements of 796 subsection (2) and this subsection, as appropriate. 797 Section 12. Paragraph (c) of subsection (4) of section 798 1001.20, Florida Statutes, is amended to read: 799 1001.20 Department under direction of state board.— 800 (4) The Department of Education shall establish the 801 following offices within the Office of the Commissioner of 802 Education which shall coordinate their activities with all other 803 divisions and offices: 804 (c) Office of Educational Facilitiesand SMART Schools805Clearinghouse.—Responsible for validating all educational plant 806 surveys and verifying Florida Inventory of School Houses (FISH) 807 data. The office shall provide technical assistance to public 808 school districts when requested. 809 Section 13. Subsection (1) of section 1013.04, Florida 810 Statutes, is amended to read: 811 1013.04 School district educational facilities plan 812 performance and productivity standards; development; 813 measurement; application.— 814 (1) The Office of Educational Facilitiesand SMART Schools815Clearinghouseshall develop and adopt measures for evaluating 816 the performance and productivity of school district educational 817 facilities plans. The measures may be both quantitative and 818 qualitative and must, to the maximum extent practical, assess 819 those factors that are within the districts’ control. The 820 measures must, at a minimum, assess performance in the following 821 areas: 822 (a) Frugal production of high-quality projects. 823 (b) Efficient finance and administration. 824 (c) Optimal school and classroom size and utilization rate. 825 (d) Safety. 826 (e) Core facility space needs and cost-effective capacity 827 improvements that consider demographic projections. 828 (f) Level of district local effort. 829 Section 14. Paragraph (a) of subsection (1) of section 830 1013.21, Florida Statutes, is amended to read: 831 1013.21 Reduction of relocatable facilities in use.— 832 (1)(a) It is a goal of the Legislature that all school 833 districts shall provide a quality educational environment for 834 their students such that, by July 1, 2003, student stations in 835 relocatable facilities exceeding 20 years of age and in use by a 836 district during the 1998-1999 fiscal year shall be removed and 837 the number of all other relocatable student stations at over 838 capacity schools during that fiscal year shall be decreased by 839 half. The Legislature finds, however, that necessary maintenance 840 of existing facilities and public school enrollment growth 841 impair the ability of some districts to achieve the goal of this 842 section within 5 years. Therefore, the Legislature is increasing 843 its commitment to school funding in this act, in part to help 844 districts reduce the number of temporary, relocatable student 845 stations at over-capacity schools. The Legislature intends that 846 local school districts also increase their investment toward 847 meeting this goal. Each district’s progress toward meeting this 848 goal shall be measured annually by comparing district facilities 849 work programs for replacing relocatables with the state capital 850 outlay projections for education prepared by the Office of 851 Educational Facilitiesand SMART Schools Clearinghouse. District 852 facilities work programs shall be monitored by the Office of 853 Educational FacilitiesSMART Schools Clearinghouseto measure 854 the commitment of local school districts toward this goal. 855 Section 15. Paragraph (a) of subsection (2), paragraph (a) 856 of subsection (4), and subsection (9) of section 1013.33, 857 Florida Statutes, are amended to read: 858 1013.33 Coordination of planning with local governing 859 bodies.— 860 (2)(a) The school board, county, and nonexempt 861 municipalities located within the geographic area of a school 862 district shall enter into an interlocal agreement that jointly 863 establishes the specific ways in which the plans and processes 864 of the district school board and the local governments are to be 865 coordinated. The interlocal agreements shall be submitted to the 866 state land planning agency and the Office of Educational 867 Facilitiesand the SMART Schools Clearinghousein accordance 868 with a schedule published by the state land planning agency. 869 (4)(a) The Office of Educational Facilitiesand SMART870Schools Clearinghouseshall submit any comments or concerns 871 regarding the executed interlocal agreement to the state land 872 planning agency within 30 days after receipt of the executed 873 interlocal agreement. The state land planning agency shall 874 review the executed interlocal agreement to determine whether it 875 is consistent with the requirements of subsection (3), the 876 adopted local government comprehensive plan, and other 877 requirements of law. Within 60 days after receipt of an executed 878 interlocal agreement, the state land planning agency shall 879 publish a notice of intent in the Florida Administrative Weekly 880 and shall post a copy of the notice on the agency’s Internet 881 site. The notice of intent must state that the interlocal 882 agreement is consistent or inconsistent with the requirements of 883 subsection (3) and this subsection as appropriate. 884 (9) A board and the local governing body must share and 885 coordinate information related to existing and planned school 886 facilities; proposals for development, redevelopment, or 887 additional development; and infrastructure required to support 888 the school facilities, concurrent with proposed development. A 889 school board shall use information produced by the demographic, 890 revenue, and education estimating conferences pursuant to s. 891 216.136 when preparing the district educational facilities plan 892 pursuant to s. 1013.35, as modified and agreed to by the local 893 governments, when provided by interlocal agreement, and the 894 Office of Educational Facilitiesand SMART Schools895Clearinghouse, in consideration of local governments’ population 896 projections, to ensure that the district educational facilities 897 plan not only reflects enrollment projections but also considers 898 applicable municipal and county growth and development 899 projections. The projections must be apportioned geographically 900 with assistance from the local governments using local 901 government trend data and the school district student enrollment 902 data. A school board is precluded from siting a new school in a 903 jurisdiction where the school board has failed to provide the 904 annual educational facilities plan for the prior year required 905 pursuant to s. 1013.35 unless the failure is corrected. 906 Section 16. Paragraph (c) of subsection (1) and paragraph 907 (a) of subsection (2) of section 1013.35, Florida Statutes, are 908 amended to read: 909 1013.35 School district educational facilities plan; 910 definitions; preparation, adoption, and amendment; long-term 911 work programs.— 912 (1) DEFINITIONS.—As used in this section, the term: 913 (c) “Tentative educational facilities plan” means the 914 comprehensive planning document prepared annually by the 915 district school board and submitted to the Office of Educational 916 Facilitiesand SMART Schools Clearinghouseand the affected 917 general-purpose local governments. 918 (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL 919 FACILITIES PLAN.— 920 (a) Annually, prior to the adoption of the district school 921 budget, each district school board shall prepare a tentative 922 district educational facilities plan that includes long-range 923 planning for facilities needs over 5-year, 10-year, and 20-year 924 periods. The plan must be developed in coordination with the 925 general-purpose local governments and be consistent with the 926 local government comprehensive plans. The school board’s plan 927 for provision of new schools must meet the needs of all growing 928 communities in the district, ranging from small rural 929 communities to large urban cities. The plan must include: 930 1. Projected student populations apportioned geographically 931 at the local level. The projections must be based on information 932 produced by the demographic, revenue, and education estimating 933 conferences pursuant to s. 216.136, where available, as modified 934 by the district based on development data and agreement with the 935 local governments and the Office of Educational Facilitiesand936SMART Schools Clearinghouse. The projections must be apportioned 937 geographically with assistance from the local governments using 938 local development trend data and the school district student 939 enrollment data. 940 2. An inventory of existing school facilities. Any 941 anticipated expansions or closures of existing school sites over 942 the 5-year, 10-year, and 20-year periods must be identified. The 943 inventory must include an assessment of areas proximate to 944 existing schools and identification of the need for improvements 945 to infrastructure, safety, including safe access routes, and 946 conditions in the community. The plan must also provide a 947 listing of major repairs and renovation projects anticipated 948 over the period of the plan. 949 3. Projections of facilities space needs, which may not 950 exceed the norm space and occupant design criteria established 951 in the State Requirements for Educational Facilities. 952 4. Information on leased, loaned, and donated space and 953 relocatables used for conducting the district’s instructional 954 programs. 955 5. The general location of public schools proposed to be 956 constructed over the 5-year, 10-year, and 20-year time periods, 957 including a listing of the proposed schools’ site acreage needs 958 and anticipated capacity and maps showing the general locations. 959 The school board’s identification of general locations of future 960 school sites must be based on the school siting requirements of 961 s. 163.3177(6)(a) and policies in the comprehensive plan which 962 provide guidance for appropriate locations for school sites. 963 6. The identification of options deemed reasonable and 964 approved by the school board which reduce the need for 965 additional permanent student stations. Such options may include, 966 but need not be limited to: 967 a. Acceptable capacity; 968 b. Redistricting; 969 c. Busing; 970 d. Year-round schools; 971 e. Charter schools; 972 f. Magnet schools; and 973 g. Public-private partnerships. 974 7. The criteria and method, jointly determined by the local 975 government and the school board, for determining the impact of 976 proposed development to public school capacity. 977 Section 17. Subsections (3) and (4) of section 1013.41, 978 Florida Statutes, are amended to read: 979 1013.41 SMART schools; Classrooms First; legislative 980 purpose.— 981 (3) SCHOOL DISTRICT EDUCATIONAL FACILITIES PLAN.—It is the 982 purpose of the Legislature to create s. 1013.35, requiring each 983 school district annually to adopt an educational facilities plan 984 that provides an integrated long-range facilities plan, 985 including the survey of projected needs and the 5-year work 986 program. The purpose of the educational facilities plan is to 987 keep the district school board, local governments, and the 988 public fully informed as to whether the district is using sound 989 policies and practices that meet the essential needs of students 990 and that warrant public confidence in district operations. The 991 educational facilities plan will be monitored by the Office of 992 Educational Facilitiesand SMART Schools Clearinghouse, which 993 will also apply performance standards pursuant to s. 1013.04. 994 (4) OFFICE OF EDUCATIONAL FACILITIESAND SMART SCHOOLS995CLEARINGHOUSE.—It is the purpose of the Legislature to require 996create s.1013.05, establishingthe Office of Educational 997 Facilitiesand SMART Schools Clearinghouseto assisttheschool 998 districts in building SMART schools utilizing functional and 999 frugal practices. The Office of Educational Facilitiesand SMART1000Schools Clearinghousemust review district facilities work 1001 programs and projects and identify districts qualified for 1002 incentive funding available through School Infrastructure Thrift 1003 Program awards; identify opportunities to maximize design and 1004 construction savings; develop school district facilities work 1005 program performance standards; and provide for review and 1006 recommendations to the Governor, the Legislature, and the State 1007 Board of Education. 1008 Section 18. Paragraphs (a) and (b) of subsection (6) of 1009 section 1013.42, Florida Statutes, are amended to read: 1010 1013.42 School Infrastructure Thrift (SIT) Program Act.— 1011 (6)(a) Each school district may submit to the Office of 1012 Educational Facilitiesand SMART Schools Clearinghouse, with 1013 supporting data, its request, based on eligibility pursuant to 1014 s. 1013.72 for an award of SIT Program dollars. 1015 (b) The Office of Educational Facilitiesand SMART Schools1016Clearinghouseshall examine the supporting data from each school 1017 district and shall report to the commissioner each district’s 1018 eligibility pursuant to s. 1013.72.Based on the office’s report1019and pursuant to ss.1013.04and1013.05,The office shall make 1020 recommendations, ranked in order of priority, for SIT Program 1021 awards to eligible districts. Priority shall be based on a 1022 review of the evaluations conducted under s. 1013.04, district 1023 facilities work programs, and proposed construction projects. 1024 Section 19. Section 1013.72, Florida Statutes, is amended 1025 to read: 1026 1013.72 SIT Program award eligibility; maximum cost per 1027 student station of educational facilities; frugality incentives; 1028 recognition awards.— 1029 (1) It is the intent of the Legislature that district 1030 school boards that seek awards of SIT Program funds use due 1031 diligence and sound business practices in the design, 1032 construction, and use of educational facilities. 1033 (2) A school district may seek an award from the SIT 1034 Program, pursuant to this section and s. 1013.42, based on the 1035 district’s new construction of educational facilities if the 1036 cost per student station is less than: 1037 (a) $17,952$11,600for an elementary school, 1038 (b) $19,386$13,300for a middle school, or 1039 (c) $25,181$17,600for a high school, 1040 1041 (January 2006)(1997)as adjusted annually by the Consumer Price 1042 Index. The award shall be up to 50 percent of such savings, as 1043 recommended by the Office of Educational Facilitiesand SMART1044Schools Clearinghouse. 1045 (3) A school district may seek a SMART school of the year 1046 recognition award for building the highest quality functional, 1047 frugal school. The commissioner may present a trophy or plaque 1048 and a cash award to the school recommended by the Office of 1049 Educational Facilitiesand SMART Schools Clearinghousefor a 1050 SMART school of the year recognition award. 1051 Section 20. Subsection (1) of section 1013.73, Florida 1052 Statutes, is amended to read: 1053 1013.73 Effort index grants for school district 1054 facilities.— 1055 (1) The Legislature hereby allocates for effort index 1056 grants the sum of $300 million from the funds appropriated from 1057 the Educational Enhancement Trust Fund by s. 46, chapter 97-384, 1058 Laws of Florida, contingent upon the sale of school capital 1059 outlay bonds. From these funds, the Commissioner of Education 1060 shall allocate to the four school districts deemed eligible for 1061 an effort index grantby the SMART Schools Clearinghousethe 1062 sums of $7,442,890 to the Clay County School District, 1063 $62,755,920 to the Miami-Dade County Public Schools, $1,628,590 1064 to the Hendry County School District, and $414,950 to the 1065 Madison County School District. The remaining funds shall be 1066 allocated among the remaining district school boards that 1067 qualify for an effort index grant by meeting the local capital 1068 outlay effort criteria in paragraph (a) or paragraph (b). 1069 (a) Between July 1, 1995, and June 30, 1999, the school 1070 district received direct proceeds from the one-half-cent sales 1071 surtax for public school capital outlay authorized by s. 1072 212.055(6) or from the local government infrastructure sales 1073 surtax authorized by s. 212.055(2). 1074 (b) The school district met two of the following criteria: 1075 1. Levied the full 2 mills of nonvoted discretionary 1076 capital outlay authorized by s. 1011.71(2) during 1995-1996, 1077 1996-1997, 1997-1998, and 1998-1999. 1078 2. Levied a cumulative voted millage for capital outlay and 1079 debt service equal to 2.5 mills for fiscal years 1995 through 1080 1999. 1081 3. Received proceeds of school impact fees greater than 1082 $500 per dwelling unit which were in effect on July 1, 1998. 1083 4. Received direct proceeds from either the one-half-cent 1084 sales surtax for public school capital outlay authorized by s. 1085 212.055(6) or from the local government infrastructure sales 1086 surtax authorized by s. 212.055(2). 1087 Section 21. The Legislature recognizes that there is a need 1088 to conform the Florida K-20 Education Code to changes in 1089 terminology relating to community colleges which were enacted by 1090 chapter 2008-52, Laws of Florida, establishing the Florida 1091 College System, and chapter 2009-228, Laws of Florida, renaming 1092 the “Division of Community Colleges” as the “Division of Florida 1093 Colleges” and defining the term “Florida college.” Therefore, in 1094 the interim between this act becoming a law and the 2011 Regular 1095 Session of the Legislature, the Division of Statutory Revision 1096 of the Office of Legislative Services shall prepare a reviser’s 1097 bill to substitute the term “Florida College System institution” 1098 for the terms “Florida college,” “community college,” and 1099 “junior college” where those terms appear in the Florida K-20 1100 Education Code. 1101 Section 22. Section 1004.87, Florida Statutes, is repealed. 1102 Section 23. Section 1002.335, Florida Statutes, is 1103 repealed. 1104 Section 24. Paragraphs (a) and (d) through (i) of 1105 subsection (6) of section 1002.33, Florida Statutes, are amended 1106 to read: 1107 1002.33 Charter schools.— 1108 (6) APPLICATION PROCESS AND REVIEW.—Charter school 1109 applications are subject to the following requirements: 1110 (a) A person or entity wishing to open a charter school 1111 shall prepare and submit an application on a model application 1112 form prepared by the Department of Education which: 1113 1. Demonstrates how the school will use the guiding 1114 principles and meet the statutorily defined purpose of a charter 1115 school. 1116 2. Provides a detailed curriculum plan that illustrates how 1117 students will be provided services to attain the Sunshine State 1118 Standards. 1119 3. Contains goals and objectives for improving student 1120 learning and measuring that improvement. These goals and 1121 objectives must indicate how much academic improvement students 1122 are expected to show each year, how success will be evaluated, 1123 and the specific results to be attained through instruction. 1124 4. Describes the reading curriculum and differentiated 1125 strategies that will be used for students reading at grade level 1126 or higher and a separate curriculum and strategies for students 1127 who are reading below grade level. A sponsor shall deny a 1128 charter if the school does not propose a reading curriculum that 1129 is consistent with effective teaching strategies that are 1130 grounded in scientifically based reading research. 1131 5. Contains an annual financial plan for each year 1132 requested by the charter for operation of the school for up to 5 1133 years. This plan must contain anticipated fund balances based on 1134 revenue projections, a spending plan based on projected revenues 1135 and expenses, and a description of controls that will safeguard 1136 finances and projected enrollment trends. 1137 6. Documents that the applicant has participated in the 1138 training required in subparagraph (f)(g)2. A sponsor may require 1139 an applicant to provide additional information as an addendum to 1140 the charter school application described in this paragraph. 1141(d) For charter school applications in school districts1142that have not been granted exclusive authority to sponsor1143charter schools pursuant to s.1002.335(5), the right to appeal1144an application denial under paragraph (c) shall be contingent on1145the applicant having submitted the same or a substantially1146similar application to the Florida Schools of Excellence1147Commission or one of its cosponsors. Any such applicant whose1148application is denied by the commission or one of its cosponsors1149subsequent to its denial by the district school board may1150exercise its right to appeal the district school board’s denial1151under paragraph (c) within 30 days after receipt of the1152commission’s or cosponsor’s denial or failure to act on the1153application. However, the applicant forfeits its right to appeal1154under paragraph (c) if it fails to submit its application to the1155commission or one of its cosponsors by August 1 of the school1156year immediately following the district school board’s denial of1157the application.1158 (d)(e)The sponsor shall act upon the decision of the State 1159 Board of Education within 30 calendar days after it is received. 1160 The State Board of Education’s decision is a final action 1161 subject to judicial review in the district court of appeal. 1162 (e)(f)1. A Charter School Appeal Commission is established 1163 to assist the commissioner and the State Board of Education with 1164 a fair and impartial review of appeals by applicants whose 1165 charter applications have been denied, whose charter contracts 1166 have not been renewed, or whose charter contracts have been 1167 terminated by their sponsors. 1168 2. The Charter School Appeal Commission may receive copies 1169 of the appeal documents forwarded to the State Board of 1170 Education, review the documents, gather other applicable 1171 information regarding the appeal, and make a written 1172 recommendation to the commissioner. The recommendation must 1173 state whether the appeal should be upheld or denied and include 1174 the reasons for the recommendation being offered. The 1175 commissioner shall forward the recommendation to the State Board 1176 of Education no later than 7 calendar days prior to the date on 1177 which the appeal is to be heard. The state board must consider 1178 the commission’s recommendation in making its decision, but is 1179 not bound by the recommendation. The decision of the Charter 1180 School Appeal Commission is not subject to the provisions of the 1181 Administrative Procedure Act, chapter 120. 1182 3. The commissioner shall appoint the members of the 1183 Charter School Appeal Commission. Members shall serve without 1184 compensation but may be reimbursed for travel and per diem 1185 expenses in conjunction with their service. One-half of the 1186 members must represent currently operating charter schools, and 1187 one-half of the members must represent sponsors. The 1188 commissioner or a named designee shall chair the Charter School 1189 Appeal Commission. 1190 4. The chair shall convene meetings of the commission and 1191 shall ensure that the written recommendations are completed and 1192 forwarded in a timely manner. In cases where the commission 1193 cannot reach a decision, the chair shall make the written 1194 recommendation with justification, noting that the decision was 1195 rendered by the chair. 1196 5. Commission members shall thoroughly review the materials 1197 presented to them from the appellant and the sponsor. The 1198 commission may request information to clarify the documentation 1199 presented to it. In the course of its review, the commission may 1200 facilitate the postponement of an appeal in those cases where 1201 additional time and communication may negate the need for a 1202 formal appeal and both parties agree, in writing, to postpone 1203 the appeal to the State Board of Education. A new date certain 1204 for the appeal shall then be set based upon the rules and 1205 procedures of the State Board of Education. Commission members 1206 shall provide a written recommendation to the state board as to 1207 whether the appeal should be upheld or denied. A fact-based 1208 justification for the recommendation must be included. The chair 1209 must ensure that the written recommendation is submitted to the 1210 State Board of Education members no later than 7 calendar days 1211 prior to the date on which the appeal is to be heard. Both 1212 parties in the case shall also be provided a copy of the 1213 recommendation. 1214 (f)(g)1. The Department of Education shall offer or arrange 1215 for training and technical assistance to charter school 1216 applicants in developing business plans and estimating costs and 1217 income. This assistance shall address estimating startup costs, 1218 projecting enrollment, and identifying the types and amounts of 1219 state and federal financial assistance the charter school may be 1220 eligible to receive. The department may provide other technical 1221 assistance to an applicant upon written request. 1222 2. A charter school applicant must participate in the 1223 training provided by the Department of Education before filing 1224 an application. However, a sponsor may require the charter 1225 school applicant to attend training provided by the sponsor in 1226 lieu of the department’s training if the sponsor’s training 1227 standards meet or exceed the standards developed by the 1228 Department of Education. The training shall include instruction 1229 in accurate financial planning and good business practices. If 1230 the applicant is a management company or other nonprofit 1231 organization, the charter school principal and the chief 1232 financial officer or his or her equivalent must also participate 1233 in the training. 1234 (g)(h)In considering charter applications for a lab 1235 school, a state university shall consult with the district 1236 school board of the county in which the lab school is located. 1237 The decision of a state university may be appealed pursuant to 1238 the procedure established in this subsection. 1239 (h)(i)The terms and conditions for the operation of a 1240 charter school shall be set forth by the sponsor and the 1241 applicant in a written contractual agreement, called a charter. 1242 The sponsor shall not impose unreasonable rules or regulations 1243 that violate the intent of giving charter schools greater 1244 flexibility to meet educational goals. The sponsor shall have 60 1245 days to provide an initial proposed charter contract to the 1246 charter school. The applicant and the sponsor shall have 75 days 1247 thereafter to negotiate and notice the charter contract for 1248 final approval by the sponsor unless both parties agree to an 1249 extension. The proposed charter contract shall be provided to 1250 the charter school at least 7 calendar days prior to the date of 1251 the meeting at which the charter is scheduled to be voted upon 1252 by the sponsor. The Department of Education shall provide 1253 mediation services for any dispute regarding this section 1254 subsequent to the approval of a charter application and for any 1255 dispute relating to the approved charter, except disputes 1256 regarding charter school application denials. If the 1257 Commissioner of Education determines that the dispute cannot be 1258 settled through mediation, the dispute may be appealed to an 1259 administrative law judge appointed by the Division of 1260 Administrative Hearings. The administrative law judge may rule 1261 on issues of equitable treatment of the charter school as a 1262 public school, whether proposed provisions of the charter 1263 violate the intended flexibility granted charter schools by 1264 statute, or on any other matter regarding this section except a 1265 charter school application denial, a charter termination, or a 1266 charter nonrenewal and shall award the prevailing party 1267 reasonable attorney’s fees and costs incurred to be paid by the 1268 losing party. The costs of the administrative hearing shall be 1269 paid by the party whom the administrative law judge rules 1270 against. 1271 Section 25. Subsection (5) of section 1003.413, Florida 1272 Statutes, is repealed. 1273 Section 26. Section 1003.62, Florida Statutes, is repealed. 1274 Section 27. Subsection (2) of section 1011.69, Florida 1275 Statutes, is amended to read: 1276 1011.69 Equity in School-Level Funding Act.— 1277 (2) Beginning in the 2003-2004 fiscal year, district school 1278 boards shall allocate to schools within the district an average 1279 of 90 percent of the funds generated by all schools and 1280 guarantee that each school receives at least 80 percent of the 1281 funds generated by that school based upon the Florida Education 1282 Finance Program as provided in s. 1011.62 and the General 1283 Appropriations Act, including gross state and local funds, 1284 discretionary lottery funds, and funds from the school 1285 district’s current operating discretionary millage levy. Total 1286 funding for each school shall be recalculated during the year to 1287 reflect the revised calculations under the Florida Education 1288 Finance Program by the state and the actual weighted full-time 1289 equivalent students reported by the school during the full-time 1290 equivalent student survey periods designated by the Commissioner 1291 of Education. If the district school board is providing programs 1292 or services to students funded by federal funds, any eligible 1293 students enrolled in the schools in the district shall be 1294 provided federal funds.Only academic performance-based charter1295school districts, pursuant to s.1003.62, are exempt from the1296provisions of this section.1297 Section 28. Paragraph (b) of subsection (6) of section 1298 1013.64, Florida Statutes, is amended to read: 1299 1013.64 Funds for comprehensive educational plant needs; 1300 construction cost maximums for school district capital 1301 projects.—Allocations from the Public Education Capital Outlay 1302 and Debt Service Trust Fund to the various boards for capital 1303 outlay projects shall be determined as follows: 1304 (6) 1305 (b)1. A district school board, including a district school1306board of an academic performance-based charter school district,1307 must not use funds from the following sources: Public Education 1308 Capital Outlay and Debt Service Trust Fund; School District and 1309 Community College District Capital Outlay and Debt Service Trust 1310 Fund; Classrooms First Program funds provided in s. 1013.68; 1311 effort index grant funds provided in s. 1013.73; nonvoted 1.5 1312 mill levy of ad valorem property taxes provided in s. 1313 1011.71(2); Classrooms for Kids Program funds provided in s. 1314 1013.735; District Effort Recognition Program funds provided in 1315 s. 1013.736; or High Growth District Capital Outlay Assistance 1316 Grant Program funds provided in s. 1013.738 for any new 1317 construction of educational plant space with a total cost per 1318 student station, including change orders, that equals more than: 1319 a. $17,952 for an elementary school, 1320 b. $19,386 for a middle school, or 1321 c. $25,181 for a high school, 1322 1323 (January 2006) as adjusted annually to reflect increases or 1324 decreases in the Consumer Price Index. 1325 2. A district school board must not use funds from the 1326 Public Education Capital Outlay and Debt Service Trust Fund or 1327 the School District and Community College District Capital 1328 Outlay and Debt Service Trust Fund for any new construction of 1329 an ancillary plant that exceeds 70 percent of the average cost 1330 per square foot of new construction for all schools. 1331 Section 29. Section 1003.63 and subsection (7) of section 1332 1008.345, Florida Statutes, are repealed. 1333 Section 30. Subsection (2) of section 1004.68, Florida 1334 Statutes, is amended to read: 1335 1004.68 Community college; degrees and certificates; tests 1336 for certain skills.— 1337 (2) Each community college board of trustees shall require 1338 the use of scores on tests for college-level communication and 1339 computation skills provided in s. 1008.345(7)(8)as a condition 1340 for graduation with an associate in arts degree. 1341 Section 31. Section 1006.67, Florida Statutes, is repealed. 1342 Section 32. Section 1013.11, Florida Statutes, is amended 1343 to read: 1344 1013.11 Postsecondary institutions assessment of physical 1345 plant safety.—The president of each postsecondary institution 1346 shall conduct or cause to be conducted an annual assessment of 1347 physical plant safety. An annual report shall incorporate the 1348 findings obtained through such assessment and recommendations 1349 for the improvement of safety on each campus. The annual report 1350 shall be submitted to the respective governing or licensing 1351 board of jurisdiction no later than January 1 of each year. Each 1352 board shall compile the individual institutional reports and 1353 convey the aggregate institutional reports to the Commissioner 1354 of Education or the Chancellor of the State University System, 1355 as appropriate. The Commissioner of Education and the Chancellor 1356 of the State University System shall convey these reportsand1357the reports required in s.1006.67to the President of the 1358 Senate and the Speaker of the House of Representatives no later 1359 than March 1 of each year. 1360 Section 33. Sections 1009.63, 1009.631, 1009.632, 1009.633, 1361 1009.634, and 1009.64, Florida Statutes, are repealed. 1362 Section 34. Paragraph (a) of subsection (1) of section 1363 1009.40, Florida Statutes, is amended to read: 1364 1009.40 General requirements for student eligibility for 1365 state financial aid awards and tuition assistance grants.— 1366 (1)(a) The general requirements for eligibility of students 1367 for state financial aid awards and tuition assistance grants 1368 consist of the following: 1369 1. Achievement of the academic requirements of and 1370 acceptance at a state university or community college; a nursing 1371 diploma school approved by the Florida Board of Nursing; a 1372 Florida college, university, or community college which is 1373 accredited by an accrediting agency recognized by the State 1374 Board of Education; any Florida institution the credits of which 1375 are acceptable for transfer to state universities; any career 1376 center; or any private career institution accredited by an 1377 accrediting agency recognized by the State Board of Education. 1378 2. Residency in this state for no less than 1 year 1379 preceding the award of aid or a tuition assistance grant for a 1380 program established pursuant to s. 1009.50, s. 1009.505, s. 1381 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s. 1382 1009.57, s. 1009.60, s. 1009.62,s.1009.63,s. 1009.68, s. 1383 1009.72, s. 1009.73, s. 1009.77, s. 1009.89, or s. 1009.891. 1384 Residency in this state must be for purposes other than to 1385 obtain an education. Resident status for purposes of receiving 1386 state financial aid awards shall be determined in the same 1387 manner as resident status for tuition purposes pursuant to s. 1388 1009.21. 1389 3. Submission of certification attesting to the accuracy, 1390 completeness, and correctness of information provided to 1391 demonstrate a student’s eligibility to receive state financial 1392 aid awards or tuition assistance grants. Falsification of such 1393 information shall result in the denial of any pending 1394 application and revocation of any award or grant currently held 1395 to the extent that no further payments shall be made. 1396 Additionally, students who knowingly make false statements in 1397 order to receive state financial aid awards or tuition 1398 assistance grants commit a misdemeanor of the second degree 1399 subject to the provisions of s. 837.06 and shall be required to 1400 return all state financial aid awards or tuition assistance 1401 grants wrongfully obtained. 1402 Section 35. Paragraph (c) of subsection (2) of section 1403 1009.94, Florida Statutes, is amended to read: 1404 1009.94 Student financial assistance database.— 1405 (2) For purposes of this section, financial assistance 1406 includes: 1407 (c) Any financial assistance provided under s. 1009.50, s. 1408 1009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. 1409 1009.55, s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62,s.14101009.63,s. 1009.68, s. 1009.70, s. 1009.701, s. 1009.72, s. 1411 1009.73, s. 1009.74, s. 1009.77, s. 1009.89, or s. 1009.891. 1412 Section 36. This act shall take effect July 1, 2010.