Bill Text: FL S2524 | 2022 | Regular Session | Enrolled


Bill Title: Education

Spectrum: Committee Bill

Status: (Passed) 2022-06-03 - Chapter No. 2022-154 [S2524 Detail]

Download: Florida-2022-S2524-Enrolled.html
       ENROLLED
       2022 Legislature                          SB 2524, 1st Engrossed
       
       
       
       
       
       
                                                             20222524er
    1  
    2         An act relating to education; amending s. 435.02,
    3         F.S.; revising the definition of the term “specified
    4         agency”; amending s. 435.12, F.S.; requiring certain
    5         employees to submit to rescreening on a specified
    6         schedule; amending s. 464.0195, F.S.; revising the
    7         goals of the Florida Center for Nursing; amending s.
    8         800.101, F.S.; providing criminal penalties for
    9         certain actions relating to specified reports;
   10         amending ss. 943.0585 and 943.059, F.S.; prohibiting
   11         certain persons from denying criminal history records
   12         that have been expunged or sealed; amending s.
   13         1001.51, F.S.; requiring certain records and reports
   14         to include certain determinations relating to
   15         withholding certain information from a parent;
   16         requiring such determinations to be annually reviewed
   17         and redetermined; amending s. 1001.92, F.S.; revising
   18         a certain performance-based metric for state
   19         university performance funding; providing that a state
   20         university is ineligible to receive performance
   21         funding under certain circumstances; designating who
   22         may provide a substantiated finding; amending s.
   23         1002.31, F.S.; deleting obsolete language; revising
   24         the requirements for school district and charter
   25         school capacity determinations; providing requirements
   26         for the determination of capacity for certain virtual
   27         schools; revising requirements for a certain district
   28         school board process required for controlled open
   29         enrollment; amending s. 1002.33, F.S.; providing for a
   30         standard virtual charter contract and standard virtual
   31         charter renewal contract; revising charter
   32         requirements; requiring virtual charter schools to
   33         comply with specified provisions; amending s.
   34         1002.394, F.S.; revising Department of Education
   35         duties under the Family Empowerment Scholarship
   36         Program; revising requirements for a specified
   37         calculation; revising the scholarship amount for
   38         students enrolled in certain public schools or lab
   39         schools; revising terminology; revising the number of
   40         scholarships that may be awarded through the program;
   41         amending s. 1002.395, F.S.; revising duties of the
   42         department under the Florida Tax Credit Scholarship
   43         Program; authorizing administrative expenses to
   44         include certain contracts and strategies relating to
   45         the transportation of students; revising the
   46         scholarship amount for students enrolled in certain
   47         public schools or lab schools; amending s. 1002.40,
   48         F.S.; revising department duties under the Hope
   49         Scholarship Program; amending s. 1002.411, F.S.;
   50         renaming the “reading scholarship accounts” as the
   51         “New Worlds Reading Scholarship Accounts”; revising
   52         student eligibility requirements for reading
   53         scholarship accounts; providing that a school district
   54         may not prohibit instructional personnel from
   55         providing services during specified time periods;
   56         amending s. 1002.421, F.S.; revising background
   57         screening requirements for certain private schools;
   58         amending s. 1002.45, F.S.; revising and providing
   59         definitions; authorizing students who reside in the
   60         school district, rather than students enrolled in the
   61         school district, to participate in school district
   62         virtual instruction programs; deleting the purpose of
   63         specified programs; requiring each virtual instruction
   64         program, rather than full-time programs, to operate
   65         under its own Master School Identification Number;
   66         authorizing certain service organizations to execute
   67         specified contractual arrangements; revising school
   68         district responsibilities; requiring the State Board
   69         of Education to approve certain virtual instruction
   70         program providers; revising the requirements for
   71         approval of a virtual instruction program provider;
   72         providing additional requirements for school district
   73         contracts with approved virtual instruction program
   74         providers; revising the requirements for calculating
   75         student funding for students enrolled in certain
   76         virtual education programs; requiring approved virtual
   77         instruction program providers to receive a district
   78         grade; providing requirements for such grade; revising
   79         requirements for the automatic termination of an
   80         approved virtual instruction provider’s contract;
   81         requiring the State Board of Education to adopt rules
   82         for a specified standard contract; amending s.
   83         1002.455, F.S.; revising the virtual instruction
   84         options available to certain students; requiring
   85         school districts enrolling certain students in virtual
   86         education programs to comply with specified enrollment
   87         requirements; amending s. 1002.81, F.S.; conforming a
   88         cross-reference; amending s. 1002.82, F.S.; requiring
   89         the department to establish procedures for the annual
   90         calculation of the prevailing market rate and the
   91         collection of certain data; conforming cross
   92         references; amending s. 1002.84, F.S.; establishing
   93         the distribution methodology that early learning
   94         coalitions must use to distribute school readiness
   95         program funds to eligible providers; providing
   96         requirements for early learning coalitions; amending
   97         s. 1002.85, F.S.; revising the requirements for the
   98         school readiness program plan submitted to the
   99         department by early learning coalitions; amending s.
  100         1002.87, F.S.; conforming a cross-reference; amending
  101         s. 1002.89, F.S.; providing for the determination of
  102         school readiness program funding for early learning
  103         coalitions; providing requirements for such funding
  104         calculations; making technical changes; amending s.
  105         1002.895, F.S.; providing for the determination of the
  106         market rate schedule for the school readiness program;
  107         requiring the department to establish procedures for
  108         the annual collection of specified data; requiring the
  109         department to provide certain data to the Early
  110         Learning Programs Estimating Conference; creating s.
  111         1002.90, F.S.; requiring the principals of the
  112         conference to annually develop official cost-of-care
  113         information; providing requirements for conference
  114         principals; requiring the department to provide
  115         conference principals with specified data; requiring
  116         the conference to annually provide the official cost
  117         of-care information to the Legislature by a specified
  118         date; amending s. 1002.92, F.S.; requiring certain
  119         child care facilities to annually provide specified
  120         data to the statewide child care and resource and
  121         referral network; amending s. 1002.995, F.S.;
  122         requiring the department to provide incentives to
  123         certain early learning personnel and instructors,
  124         subject to appropriation; amending s. 1003.485, F.S.;
  125         defining the term “micro-credential”; providing the
  126         purpose and contents of the of the New Worlds Reading
  127         Initiative; revising the responsibilities of the
  128         administrator of the initiative; requiring that
  129         students be provided with specified options upon
  130         enrollment; conforming cross-references; amending s.
  131         1003.498, F.S.; providing requirements for funding for
  132         certain virtual courses; amending s. 1003.52, F.S.;
  133         revising requirements for the funding of certain
  134         students in juvenile justice education programs;
  135         amending s. 1003.621, F.S.; conforming a cross
  136         reference; amending s. 1004.015, F.S.; revising Board
  137         of Governors and State Board of Education duties in
  138         support of the Florida Talent Development Council;
  139         amending s. 1004.04, F.S.; revising teacher
  140         preparation program core curricula requirements;
  141         revising criteria for continued program approval;
  142         authorizing the State Board of Education to adopt
  143         rules that include certain criteria and authorize
  144         continued program approval; requiring that the rules
  145         establish certain continued program approval criteria;
  146         revising specified requirements relating to field
  147         experiences; creating s. 1004.6496, F.S.; authorizing
  148         the University of Florida Board of Trustees to use
  149         specified funds to establish the Hamilton Center for
  150         Classical and Civic Education within the university;
  151         providing the purpose for the center; establishing
  152         goals for the center; amending s. 1004.85, F.S.;
  153         revising teacher preparation program core curricula
  154         requirements; requiring certain program candidates to
  155         complete a minimum period of field experience, as
  156         determined by the State Board of Education; revising
  157         criteria for continued program approval; authorizing
  158         the State Board of Education to adopt rules that
  159         include certain criteria and authorize continued
  160         program approval; requiring the State Board of
  161         Education to adopt rules that establish certain
  162         continued program approval criteria; amending s.
  163         1006.12, F.S.; conforming cross-references; amending
  164         s. 1006.22, F.S.; revising the requirements for the
  165         use of motor vehicles other than school buses for the
  166         transportation of students; amending s. 1006.27, F.S.;
  167         creating the Driving Choice Grant Program within the
  168         department for specified purposes relating to the
  169         transportation of certain students; providing
  170         requirements for the program; requiring the department
  171         to publish on its website an interim and final report
  172         by specified dates; providing requirements for such
  173         reports; amending s. 1006.73, F.S.; requiring the
  174         Florida Postsecondary Academic Library Network to
  175         provide specified support for certain open education
  176         resources; establishing the Student Open Access
  177         Resource Repository and the Student Open Access
  178         Resource Grant Program; defining the term “open access
  179         resource”; requiring the chancellors of the State
  180         University System and the Florida College System to
  181         collaborate and take the lead in identifying and
  182         developing processes to coordinate and support the
  183         adaptation or development of open educational
  184         resources; requiring the network to support the
  185         adaptation or development of open educational
  186         resources teams; providing requirements for such teams
  187         and the network; providing requirements for the
  188         Student Open Access Resources Repository; authorizing
  189         the Florida Postsecondary Academic Library Network to
  190         award certain grants, subject to appropriation;
  191         providing requirements for the administration of and
  192         participation in the Student Open Access Resource
  193         Grant Program; requiring Florida College Systems and
  194         state universities to post courses that utilize open
  195         education resources and have zero textbook costs on
  196         their course registration systems and websites within
  197         a specified timeframe; providing requirements for
  198         posting such courses; authorizing a certain Zero
  199         Textbook Cost Indicator to be used for such purpose;
  200         revising reporting requirements for the host entity of
  201         the network; requiring the Board of Governors and the
  202         department to include certain funding increases in
  203         their annual legislative budget requests; amending s.
  204         1007.271, F.S.; requiring instructional materials to
  205         be made available to all dual enrollment students free
  206         of charge; creating s. 1007.36, F.S.; creating the
  207         Inclusive Transition and Employment Management Program
  208         within the department; providing the purpose of the
  209         program; amending s. 1008.33, F.S.; making technical
  210         changes; requiring a school district to take specified
  211         actions for a school that earns an initial school
  212         grade of “D”; revising the options available to a
  213         school district that must implement a turnaround plan
  214         for a school; authorizing a school district to submit
  215         a turnaround plan for a school that has earned an
  216         initial school grade of “D”; revising the options
  217         available to a school district with a school that
  218         implemented a turnaround plan and did not improve its
  219         school grade; amending s. 1008.34, F.S.; requiring the
  220         State Board of Education to annually review the
  221         percentage of schools earning certain school grades
  222         and determine if the school grading scale must be
  223         adjusted; providing requirements for such adjustments;
  224         requiring the state board to provide specified
  225         information to the public; requiring the department to
  226         annually, for certain years, collect certain data
  227         relating to statewide and district-required
  228         assessments and coordinated screening and progress
  229         monitoring; providing reporting requirements relating
  230         to the collection of such data; amending s. 1009.26,
  231         F.S.; deleting obsolete language; requiring the Board
  232         of Governors to establish two Programs of Strategic
  233         Emphasis in a specified category; amending s. 1009.30,
  234         F.S.; revising the criteria for reimbursement of
  235         eligible postsecondary institutions for tuition and
  236         related instructional materials costs for dual
  237         enrollment courses; revising participating institution
  238         reporting requirements under the program; requiring
  239         the department to reimburse each participating
  240         institution within a specified timeframe; amending s.
  241         1009.89, F.S.; requiring eligible institutions in the
  242         William L. Boyd, IV, Effective Access to Student
  243         Education Grant Program to post certain information on
  244         their websites; amending s. 1009.895, F.S.; revising
  245         the definition of the term “institution”; deleting the
  246         eligibility requirement that students complete the
  247         Free Application for Federal Student Aid; authorizing
  248         institutions to cover certain costs for students in
  249         the program; creating s. 1009.896, F.S.; providing a
  250         short title; providing legislative intent;
  251         establishing the Linking Industry to Nursing Education
  252         (LINE) Fund for specified purposes; providing
  253         definitions; requiring the fund to be administered by
  254         the Board of Governors and the department; providing
  255         for the matching of specified funds, subject to
  256         available funds, for institutions with an approved
  257         proposal; providing requirements for the use of
  258         program funds, proposal requirements, for the review
  259         of such proposal, and for participation in the
  260         program; providing annual reporting requirements;
  261         requiring the Board of Governors to adopt specified
  262         regulations and the State Board of Education to adopt
  263         specified rules; creating s. 1009.897, F.S.; creating
  264         a Prepping Institutions, Programs, Employers, and
  265         Learners through Incentives for Nursing Education
  266         (PIPELINE) Fund for specified purposes; defining the
  267         term “institution”; providing for allocations of
  268         performance-based funding to institutions, subject to
  269         appropriation; providing metrics for the award of such
  270         funding; requiring the Board of Governors to adopt
  271         regulations and the State Board of Education to adopt
  272         rules; amending s. 1010.20, F.S.; revising the
  273         percentage of certain funds school districts must
  274         spend on juvenile justice programs; amending s.
  275         1011.48, F.S.; revising requirements for certain fees
  276         charged by an educational research center for child
  277         development; amending s. 1011.62, F.S.; revising the
  278         calculation for the basic amount for current operation
  279         for kindergarten through grade 12; authorizing certain
  280         funds to be used to purchase certain computers and
  281         device hardware; revising full-time equivalent student
  282         membership amounts for purposes related to the
  283         sparsity supplement under the Florida Education
  284         Finance Program; providing that the evidence-based
  285         reading instruction allocation may be used to provide
  286         certain instruction to prekindergarten students;
  287         providing priority for expenditures to certain
  288         students; revising authorized expenditures; requiring
  289         that school district comprehensive reading plans be
  290         based on a root-cause analysis; establishing
  291         requirements for the analysis; revising requirements
  292         for instructional personnel who provide intensive
  293         reading interventions; deleting the comprehensive
  294         reading plan approval process; conforming provisions
  295         to changes made by the act; deleting the Florida
  296         digital classrooms allocation; deleting the funding
  297         compression and hold harmless allocation; amending s.
  298         1011.68, F.S.; revising the requirements for specified
  299         student transportation funds to be used to pay for
  300         transportation in specified vehicles; amending s.
  301         1011.71, F.S.; conforming cross-references; amending
  302         s. 1012.22, F.S.; conforming cross-references;
  303         requiring certain compensation to be included in
  304         calculating certain salary adjustments; amending s.
  305         1012.315, F.S.; revising screening standards for
  306         specified individuals; providing applicability;
  307         amending s. 1012.32, F.S.; revising the procedure for
  308         background screenings; deleting the right to appeal
  309         certain terminations; revising provisions specifying
  310         financial responsibility and reimbursement for
  311         background screenings; providing applicability;
  312         amending s. 1012.34, F.S.; providing that certain
  313         procedures relating to a school district’s
  314         instructional, administrative, and supervisory
  315         personnel set the standards of service to be offered
  316         to the public and are not subject to collective
  317         bargaining; amending s. 1012.465, F.S.; conforming
  318         provisions to changes made by the act; amending s.
  319         1012.467, F.S.; repealing certain reciprocity
  320         provisions on a specified date; amending s. 1012.56,
  321         F.S.; prohibiting certain persons from having
  322         specified responsibilities before the results of a
  323         background screening are available; conforming
  324         provisions to changes made by the act; requiring
  325         certain provisions to be implemented by a certain
  326         date; amending s. 1012.584, F.S.; conforming cross
  327         references; creating s. 1003.4204, F.S.; establishing
  328         the Safer, Smarter Schools Program in statute;
  329         amending s. 1013.40, F.S.; modifying planning and
  330         construction requirements for Florida College System
  331         institution facilities; providing effective dates.
  332          
  333  Be It Enacted by the Legislature of the State of Florida:
  334  
  335         Section 1. Effective January 1, 2023, subsection (5) of
  336  section 435.02, Florida Statutes, is amended to read:
  337         435.02 Definitions.—For the purposes of this chapter, the
  338  term:
  339         (5) “Specified agency” means the Department of Health, the
  340  Department of Children and Families, the Division of Vocational
  341  Rehabilitation within the Department of Education, the Agency
  342  for Health Care Administration, the Department of Elderly
  343  Affairs, the Department of Juvenile Justice, the Agency for
  344  Persons with Disabilities, the Department of Education, each
  345  district unit under s. 1001.30, special district units under s.
  346  1011.24, the Florida School for the Deaf and the Blind under s.
  347  1002.36, the Florida Virtual School under s. 1002.37, virtual
  348  instruction programs under s. 1002.45, charter schools under s.
  349  1002.33, hope operators under s. 1002.333, private schools
  350  participating in an educational scholarship program established
  351  pursuant to chapter 1002, alternative schools under s. 1008.341,
  352  regional workforce boards providing services as defined in s.
  353  445.002(3), and local licensing agencies approved pursuant to s.
  354  402.307, when these agencies are conducting state and national
  355  criminal history background screening on persons who work with
  356  children or persons who are elderly or disabled.
  357         Section 2. Effective January 1, 2023, subsection (3) of
  358  section 435.12, Florida Statutes, is amended to read:
  359         435.12 Care Provider Background Screening Clearinghouse.—
  360         (3)(a)Employees of each district unit under s. 1001.30,
  361  special district units under s. 1011.24, the Florida School for
  362  the Deaf and the Blind under s. 1002.36, the Florida Virtual
  363  School under s. 1002.37, virtual instruction programs under s.
  364  1002.45, charter schools under s. 1002.33, hope operators under
  365  s. 1002.333, private schools participating in an educational
  366  scholarship program established pursuant to chapter 1002, and
  367  alternative schools under s. 1008.341 must be rescreened in
  368  compliance with the following schedule:
  369         1.Employees for whom the last screening was conducted on
  370  or before June 30, 2019, must be rescreened by June 30, 2024.
  371         2.Employees for whom the last screening was conducted
  372  between July 1, 2019, and June 30, 2021, must be rescreened by
  373  June 30, 2025.
  374         3.Employees for whom the last screening was conducted
  375  between July 1, 2021, and December 31, 2022, must be rescreened
  376  by June 30, 2026.
  377         (b)A person is not required to be rescreened before
  378  January 1, 2023, solely for the purpose of retention under this
  379  section if the person was screened before participation by the
  380  specified agencies named in paragraph (a) in the clearinghouse.
  381  An employee who has undergone a fingerprint-based criminal
  382  history check by a specified agency before the clearinghouse is
  383  operational is not required to be checked again solely for the
  384  purpose of entry in the clearinghouse. Every employee who is or
  385  will become subject to fingerprint-based criminal history checks
  386  to be eligible to be licensed, have their license renewed, or
  387  meet screening or rescreening requirements by a specified agency
  388  once the specified agency participates in the clearinghouse
  389  shall be subject to the requirements of this section with
  390  respect to entry of records in the clearinghouse and retention
  391  of fingerprints for reporting the results of searching against
  392  state incoming arrest fingerprint submissions. 
  393         Section 3. Subsection (2) of section 464.0195, Florida
  394  Statutes, is amended to read:
  395         464.0195 Florida Center for Nursing; goals.—
  396         (2) The primary goals for the center shall be to:
  397         (a) Develop a strategic statewide plan for nursing manpower
  398  in this state by:
  399         1. Conducting a statistically valid biennial data-driven
  400  gap analysis of the supply and demand of the health care
  401  workforce. Demand must align with the Labor Market Estimating
  402  Conference created in s. 216.136. The center shall:
  403         a.Establish Establishing and maintain maintaining a
  404  database on nursing supply and demand in the state, to include
  405  current supply and demand.;
  406         b.2.Analyze Analyzing the current and future supply and
  407  demand in the state and making future projections of such,
  408  including assessing the impact of this state’s participation in
  409  the Nurse Licensure Compact under s. 464.0095.; and
  410         2.3.Developing recommendations to increase nurse faculty
  411  and clinical preceptors, support nurse faculty development, and
  412  promote advanced nurse education.
  413         3. Developing best practices in the academic preparation
  414  and continuing education needs of qualified nurse educators,
  415  nurse faculty, and clinical preceptors Selecting from the plan
  416  priorities to be addressed.
  417         4.Collecting data on nurse faculty, employment,
  418  distribution, and retention.
  419         5.Piloting innovative projects to support the recruitment,
  420  development, and retention of qualified nurse faculty and
  421  clinical preceptors.
  422         6.Encouraging and coordinating the development of
  423  academic-practice partnerships to support nurse faculty
  424  employment and advancement.
  425         7.Developing distance learning infrastructure for nursing
  426  education and advancing faculty competencies in the pedagogy of
  427  teaching and the evidence-based use of technology, simulation,
  428  and distance learning techniques.
  429         (b)Convene various groups representative of nurses, other
  430  health care providers, business and industry, consumers,
  431  legislators, and educators to:
  432         1.Review and comment on data analysis prepared for the
  433  center;
  434         2.Recommend systemic changes, including strategies for
  435  implementation of recommended changes; and
  436         3.Evaluate and report the results of these efforts to the
  437  Legislature and others.
  438         (b)(c) Enhance and promote recognition, reward, and renewal
  439  activities for nurses in the state by:
  440         1. Promoting nursing excellence programs such as magnet
  441  recognition by the American Nurses Credentialing Center;
  442         2. Proposing and creating additional reward, recognition,
  443  and renewal activities for nurses; and
  444         3. Promoting media and positive image-building efforts for
  445  nursing.
  446         Section 4. Effective October 1, 2022, subsections (3) and
  447  (4) of section 800.101, Florida Statutes, are amended, and
  448  subsection (5) is added to that section, to read:
  449         800.101 Offenses against students by authority figures.—
  450         (3) A person who violates subsection (2) this section
  451  commits a felony of the second degree, punishable as provided in
  452  s. 775.082, s. 775.083, or s. 775.084.
  453         (4) Subsection (2) This section does not apply to conduct
  454  constituting an offense that is subject to reclassification
  455  under s. 775.0862.
  456         (5)(a)A person who is required to report a violation of
  457  subsection (2) and who knowingly or willfully fails to do so, or
  458  who knowingly or willfully prevents another person from doing
  459  so, commits a misdemeanor of the first degree, punishable as
  460  provided in s. 775.082 or s. 775.083.
  461         (b)A person who knowingly or willfully submits false,
  462  inaccurate, or incomplete information while reporting a
  463  violation of subsection (2) commits a misdemeanor of the first
  464  degree, punishable as provided in s. 775.082 or s. 775.083.
  465         (c)A person who knowingly or willfully coerces or
  466  threatens another person with the intent to alter his or her
  467  testimony or written report regarding a violation of subsection
  468  (2) commits a misdemeanor of the first degree, punishable as
  469  provided in s. 775.082 or s. 775.083. 
  470         Section 5. Paragraph (b) of subsection (6) of section
  471  943.0585, Florida Statutes, is amended to read:
  472         943.0585 Court-ordered expunction of criminal history
  473  records.—
  474         (6) EFFECT OF EXPUNCTION ORDER.—
  475         (b) The person who is the subject of a criminal history
  476  record that is expunged under this section or under other
  477  provisions of law, including former ss. 893.14, 901.33, and
  478  943.058, may lawfully deny or fail to acknowledge the arrests
  479  covered by the expunged record, except when the subject of the
  480  record:
  481         1. Is a candidate for employment with a criminal justice
  482  agency;
  483         2. Is a defendant in a criminal prosecution;
  484         3. Concurrently or subsequently petitions for relief under
  485  this section, s. 943.0583, or s. 943.059;
  486         4. Is a candidate for admission to The Florida Bar;
  487         5. Is seeking to be employed or licensed by or to contract
  488  with the Department of Children and Families, the Division of
  489  Vocational Rehabilitation within the Department of Education,
  490  the Agency for Health Care Administration, the Agency for
  491  Persons with Disabilities, the Department of Health, the
  492  Department of Elderly Affairs, or the Department of Juvenile
  493  Justice or to be employed or used by such contractor or licensee
  494  in a sensitive position having direct contact with children, the
  495  disabled, or the elderly;
  496         6.a. Is seeking to be employed or licensed by, or contract
  497  with, the Department of Education, any district unit under s.
  498  1001.30, any special district unit under s. 1011.24, the Florida
  499  School for the Deaf and the Blind under s. 1002.36, the Florida
  500  Virtual School under s. 1002.37, any virtual instruction program
  501  under s. 1002.45 school board, any university laboratory school,
  502  any charter school under s. 1002.33, any hope operator under s.
  503  1002.333, any alternative school under s. 1008.341 school, any
  504  private or parochial school, or any local governmental entity
  505  that licenses child care facilities;
  506         b.Is seeking to be employed or used by a contractor or
  507  licensee under sub-subparagraph a.; or
  508         c.Is a person screened under s. 1012.467;
  509         7. Is seeking to be licensed by the Division of Insurance
  510  Agent and Agency Services within the Department of Financial
  511  Services; or
  512         8. Is seeking to be appointed as a guardian pursuant to s.
  513  744.3125.
  514         Section 6. Paragraph (b) of subsection (6) of section
  515  943.059, Florida Statutes, is amended to read:
  516         943.059 Court-ordered sealing of criminal history records.—
  517         (6) EFFECT OF ORDER.—
  518         (b) The subject of the criminal history record sealed under
  519  this section or under other provisions of law, including former
  520  ss. 893.14, 901.33, and 943.058, may lawfully deny or fail to
  521  acknowledge the arrests covered by the sealed record, except
  522  when the subject of the record:
  523         1. Is a candidate for employment with a criminal justice
  524  agency;
  525         2. Is a defendant in a criminal prosecution;
  526         3. Concurrently or subsequently petitions for relief under
  527  this section, s. 943.0583, or s. 943.0585;
  528         4. Is a candidate for admission to The Florida Bar;
  529         5. Is seeking to be employed or licensed by or to contract
  530  with the Department of Children and Families, the Division of
  531  Vocational Rehabilitation within the Department of Education,
  532  the Agency for Health Care Administration, the Agency for
  533  Persons with Disabilities, the Department of Health, the
  534  Department of Elderly Affairs, or the Department of Juvenile
  535  Justice or to be employed or used by such contractor or licensee
  536  in a sensitive position having direct contact with children, the
  537  disabled, or the elderly;
  538         6.a. Is seeking to be employed or licensed by, or contract
  539  with, the Department of Education, a district unit under s.
  540  1001.30, a special district unit under s. 1011.24, the Florida
  541  School for the Deaf and the Blind under s. 1002.36, the Florida
  542  Virtual School under s. 1002.37, a virtual instruction program
  543  under s. 1002.45 school board, a university laboratory school, a
  544  charter school under s. 1002.33, a hope operator under s.
  545  1002.333, an alternative school under s. 1008.341, a private or
  546  parochial school, or a local governmental entity that licenses
  547  child care facilities;
  548         b.Is seeking to be employed or used by a contractor or
  549  licensee under sub-subparagraph a.; or
  550         c.Is a person screened under s. 1012.467;
  551         7. Is attempting to purchase a firearm from a licensed
  552  importer, licensed manufacturer, or licensed dealer and is
  553  subject to a criminal history check under state or federal law;
  554         8. Is seeking to be licensed by the Division of Insurance
  555  Agent and Agency Services within the Department of Financial
  556  Services;
  557         9. Is seeking to be appointed as a guardian pursuant to s.
  558  744.3125; or
  559         10. Is seeking to be licensed by the Bureau of License
  560  Issuance of the Division of Licensing within the Department of
  561  Agriculture and Consumer Services to carry a concealed weapon or
  562  concealed firearm. This subparagraph applies only in the
  563  determination of an applicant’s eligibility under s. 790.06. 
  564         Section 7. Paragraph (a) of subsection (12) of section
  565  1001.51, Florida Statutes, is amended to read:
  566         1001.51 Duties and responsibilities of district school
  567  superintendent.—The district school superintendent shall
  568  exercise all powers and perform all duties listed below and
  569  elsewhere in the law, provided that, in so doing, he or she
  570  shall advise and counsel with the district school board. The
  571  district school superintendent shall perform all tasks necessary
  572  to make sound recommendations, nominations, proposals, and
  573  reports required by law to be acted upon by the district school
  574  board. All such recommendations, nominations, proposals, and
  575  reports by the district school superintendent shall be either
  576  recorded in the minutes or shall be made in writing, noted in
  577  the minutes, and filed in the public records of the district
  578  school board. It shall be presumed that, in the absence of the
  579  record required in this section, the recommendations,
  580  nominations, and proposals required of the district school
  581  superintendent were not contrary to the action taken by the
  582  district school board in such matters.
  583         (12) RECORDS AND REPORTS.—Recommend such records as should
  584  be kept in addition to those prescribed by rules of the State
  585  Board of Education; prepare forms for keeping such records as
  586  are approved by the district school board; ensure that such
  587  records are properly kept; and make all reports that are needed
  588  or required, as follows:
  589         (a) Forms, blanks, and reports.—Require that all employees
  590  accurately keep all records and promptly make in proper form all
  591  reports required by the education code or by rules of the State
  592  Board of Education; recommend the keeping of such additional
  593  records and the making of such additional reports as may be
  594  deemed necessary to provide data essential for the operation of
  595  the school system; and prepare such forms and blanks as may be
  596  required and ensure that these records and reports are properly
  597  prepared. Such records and reports shall include any
  598  determination to withhold from a parent information regarding
  599  the provision of any services to support the mental, physical,
  600  or emotional well-being of the parent’s minor child. Any such
  601  determination must be based solely on child-specific information
  602  personally known to the school personnel and documented and
  603  approved by the school principal or his or her designee. Such
  604  determination must be annually reviewed and redetermined.
  605  
  606  Any district school superintendent who knowingly signs and
  607  transmits to any state official a report that the superintendent
  608  knows to be false or incorrect; who knowingly fails to complete
  609  the investigation of any allegation of misconduct that affects
  610  the health, safety, or welfare of a student, that would be a
  611  violation of s. 800.101, or that would be a disqualifying
  612  offense under s. 1012.315, or any allegation of sexual
  613  misconduct with a student; who knowingly fails to report the
  614  alleged misconduct to the department as required in s. 1012.796;
  615  or who knowingly fails to report misconduct to the law
  616  enforcement agencies with jurisdiction over the conduct pursuant
  617  to district school board policy under s. 1001.42(6), forfeits
  618  his or her salary for 1 year following the date of such act or
  619  failure to act.
  620         Section 8. Subsection (1) of section 1001.92, Florida
  621  Statutes, is amended to read:
  622         1001.92 State University System Performance-Based
  623  Incentive.—
  624         (1) A State University System Performance-Based Incentive
  625  shall be awarded to state universities using performance-based
  626  metrics adopted by the Board of Governors of the State
  627  University System. Beginning with the Board of Governors’
  628  determination of each university’s performance improvement and
  629  achievement ratings, and the related distribution of annual
  630  fiscal year appropriation, the performance-based metrics must
  631  include:
  632         (a) The 4-year graduation rate for first-time-in-college
  633  students;
  634         (b) Beginning in fiscal year 2022-2023 2021-2022, the 3
  635  year 2-year graduation rate for associate in arts transfer
  636  students;
  637         (c) Retention rates;
  638         (d) Postgraduation education rates;
  639         (e) Degree production;
  640         (f) Affordability;
  641         (g) Postgraduation employment and salaries, including wage
  642  thresholds that reflect the added value of a baccalaureate
  643  degree;
  644         (h) Access rate, based on the percentage of undergraduate
  645  students enrolled during the fall term who received a Pell Grant
  646  during the fall term; and
  647         (i) Beginning in fiscal year 2021-2022, the 6-year
  648  graduation rate for students who are awarded a Pell Grant in
  649  their first year.
  650  
  651  The Board of Governors may approve other metrics in a publicly
  652  noticed meeting. The board shall adopt benchmarks to evaluate
  653  each state university’s performance on the metrics to measure
  654  the state university’s achievement of institutional excellence
  655  or need for improvement and minimum requirements for eligibility
  656  to receive performance funding. Benchmarks and metrics may not
  657  be adjusted after university performance data has been received
  658  by the Board of Governors.
  659         Section 9. Contingent upon HB 7 or similar legislation in
  660  the 2022 Regular Session or an extension thereof becoming a law,
  661  subsections (5) and (6) of section 1001.92, Florida Statutes,
  662  are redesignated as subsections (6) and (7), respectively, and a
  663  new subsection (5) is added to that section, to read:
  664         1001.92 State University System Performance-Based
  665  Incentive.—
  666         (5)Notwithstanding any other provision of this section, if
  667  any institution is found to have a substantiated violation of s.
  668  1000.05(4)(a), the institution shall be ineligible to receive
  669  performance funding during the next fiscal year following the
  670  year in which the violation is substantiated. Substantiated
  671  findings are those as determined by a court of law, a standing
  672  committee of the Legislature, or the Board of Governors.
  673         Section 10. Paragraphs (a) and (b) of subsection (2) and
  674  paragraph (f) of subsection (3) of section 1002.31, Florida
  675  Statutes, are amended, and paragraphs (j) and (k) are added to
  676  subsection (3) of that section, to read:
  677         1002.31 Controlled open enrollment; Public school parental
  678  choice.—
  679         (2)(a) Beginning by the 2017-2018 school year, As part of a
  680  school district’s or charter school’s controlled open enrollment
  681  process, and in addition to the existing public school choice
  682  programs provided in s. 1002.20(6)(a), each district school
  683  board or charter school shall allow a parent from any school
  684  district in the state whose child is not subject to a current
  685  expulsion or suspension to enroll his or her child in and
  686  transport his or her child to any public school, including
  687  charter schools, that has not reached capacity in the district,
  688  subject to the maximum class size pursuant to s. 1003.03 and s.
  689  1, Art. IX of the State Constitution. The school district or
  690  charter school shall accept the student, pursuant to that school
  691  district’s or charter school’s controlled open enrollment
  692  process, and report the student for purposes of the school
  693  district’s or charter school’s funding pursuant to the Florida
  694  Education Finance Program. A school district or charter school
  695  may provide transportation to students described under this
  696  section.
  697         (b) Each school district and charter school capacity
  698  determinations for its schools, by grade level, must be updated
  699  every 12 weeks current and must be identified on the school
  700  district and charter school’s websites. In determining the
  701  capacity of each district school, the district school board
  702  shall incorporate the specifications, plans, elements, and
  703  commitments contained in the school district educational
  704  facilities plan and the long-term work programs required under
  705  s. 1013.35. Each charter school governing board shall determine
  706  capacity based upon its charter school contract. Each virtual
  707  charter school and each school district with a contract with an
  708  approved virtual instruction program provider shall determine
  709  capacity based upon the enrollment requirements established
  710  under s. 1002.45(1)(e)4.
  711         (3) Each district school board shall adopt by rule and post
  712  on its website the process required to participate in controlled
  713  open enrollment. The process must:
  714         (f) Require school districts to provide information on
  715  Address the availability of transportation options, such as:
  716         1.The responsibility of school districts to provide
  717  transportation to another public school pursuant to ss. 1002.38,
  718  1002.39, and 1002.394.
  719         2.The availability of funds for transportation under ss.
  720  1002.394, 1002.395, and 1011.68.
  721         3.Any other transportation the school district may
  722  provide.
  723         4.Any transportation options available in the community.
  724         (j)Require school districts to maintain a wait list of
  725  students who are denied access due to capacity and notify
  726  parents when space becomes available.
  727         (k)Require schools to accept students throughout the
  728  school year as capacity becomes available.
  729         Section 11. Subsections (1) and (7), paragraph (a) of
  730  subsection (10), paragraphs (b) and (f) of subsection (17), and
  731  paragraph (a) of subsection (21) of section 1002.33, Florida
  732  Statutes, are amended to read:
  733         1002.33 Charter schools.—
  734         (1) AUTHORIZATION.—All charter schools in Florida are
  735  public schools and shall be part of the state’s program of
  736  public education. A charter school may be formed by creating a
  737  new school or converting an existing public school to charter
  738  status. A charter school may operate a virtual charter school
  739  pursuant to s. 1002.45(1)(d) to provide online instruction to
  740  students, pursuant to s. 1002.455, in kindergarten through grade
  741  12. The school district in which the student enrolls in the
  742  virtual charter school shall report the student for funding
  743  pursuant to s. 1011.61(1)(c)1.b.(VI), and the home school
  744  district shall not report the student for funding. An existing
  745  charter school that is seeking to become a virtual charter
  746  school must amend its charter or submit a new application
  747  pursuant to subsection (6) to become a virtual charter school. A
  748  virtual charter school is subject to the requirements of this
  749  section; however, a virtual charter school is exempt from
  750  subparagraph (7)(a)13., subsections (18) and (19), paragraph
  751  (20)(c), and s. 1003.03. A public school may not use the term
  752  charter in its name unless it has been approved under this
  753  section.
  754         (7) CHARTER.—The terms and conditions for the operation of
  755  a charter school, including a virtual charter school, shall be
  756  set forth by the sponsor and the applicant in a written
  757  contractual agreement, called a charter. The sponsor and the
  758  governing board of the charter school or virtual charter school
  759  shall use the standard charter contract or standard virtual
  760  charter contract, respectively, pursuant to subsection (21),
  761  which shall incorporate the approved application and any addenda
  762  approved with the application. Any term or condition of a
  763  proposed charter contract or proposed virtual charter contract
  764  that differs from the standard charter or virtual charter
  765  contract adopted by rule of the State Board of Education shall
  766  be presumed a limitation on charter school flexibility. The
  767  sponsor may not impose unreasonable rules or regulations that
  768  violate the intent of giving charter schools greater flexibility
  769  to meet educational goals. The charter shall be signed by the
  770  governing board of the charter school and the sponsor, following
  771  a public hearing to ensure community input.
  772         (a) The charter shall address and criteria for approval of
  773  the charter shall be based on:
  774         1. The school’s mission, the types of students to be
  775  served, and, for a virtual charter school, the types of students
  776  the school intends to serve who reside outside of the sponsoring
  777  school district, and the ages and grades to be included.
  778         2. The focus of the curriculum, the instructional methods
  779  to be used, any distinctive instructional techniques to be
  780  employed, and identification and acquisition of appropriate
  781  technologies needed to improve educational and administrative
  782  performance which include a means for promoting safe, ethical,
  783  and appropriate uses of technology which comply with legal and
  784  professional standards.
  785         a. The charter shall ensure that reading is a primary focus
  786  of the curriculum and that resources are provided to identify
  787  and provide specialized instruction for students who are reading
  788  below grade level. The curriculum and instructional strategies
  789  for reading must be consistent with the Next Generation Sunshine
  790  State Standards and grounded in scientifically based reading
  791  research.
  792         b. In order to provide students with access to diverse
  793  instructional delivery models, to facilitate the integration of
  794  technology within traditional classroom instruction, and to
  795  provide students with the skills they need to compete in the
  796  21st century economy, the Legislature encourages instructional
  797  methods for blended learning courses consisting of both
  798  traditional classroom and online instructional techniques.
  799  Charter schools may implement blended learning courses which
  800  combine traditional classroom instruction and virtual
  801  instruction. Students in a blended learning course must be full
  802  time students of the charter school pursuant to s.
  803  1011.61(1)(a)1. Instructional personnel certified pursuant to s.
  804  1012.55 who provide virtual instruction for blended learning
  805  courses may be employees of the charter school or may be under
  806  contract to provide instructional services to charter school
  807  students. At a minimum, such instructional personnel must hold
  808  an active state or school district adjunct certification under
  809  s. 1012.57 for the subject area of the blended learning course.
  810  The funding and performance accountability requirements for
  811  blended learning courses are the same as those for traditional
  812  courses.
  813         3. The current incoming baseline standard of student
  814  academic achievement, the outcomes to be achieved, and the
  815  method of measurement that will be used. The criteria listed in
  816  this subparagraph shall include a detailed description of:
  817         a. How the baseline student academic achievement levels and
  818  prior rates of academic progress will be established.
  819         b. How these baseline rates will be compared to rates of
  820  academic progress achieved by these same students while
  821  attending the charter school.
  822         c. To the extent possible, how these rates of progress will
  823  be evaluated and compared with rates of progress of other
  824  closely comparable student populations.
  825  
  826  A district school board is required to provide academic student
  827  performance data to charter schools for each of their students
  828  coming from the district school system, as well as rates of
  829  academic progress of comparable student populations in the
  830  district school system.
  831         4. The methods used to identify the educational strengths
  832  and needs of students and how well educational goals and
  833  performance standards are met by students attending the charter
  834  school. The methods shall provide a means for the charter school
  835  to ensure accountability to its constituents by analyzing
  836  student performance data and by evaluating the effectiveness and
  837  efficiency of its major educational programs. Students in
  838  charter schools shall, at a minimum, participate in the
  839  statewide assessment program created under s. 1008.22.
  840         5. In secondary charter schools, a method for determining
  841  that a student has satisfied the requirements for graduation in
  842  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
  843         6. A method for resolving conflicts between the governing
  844  board of the charter school and the sponsor.
  845         7. The admissions procedures and dismissal procedures,
  846  including the school’s code of student conduct. Admission or
  847  dismissal must not be based on a student’s academic performance.
  848         8. The ways by which the school will achieve a
  849  racial/ethnic balance reflective of the community it serves or
  850  within the racial/ethnic range of other nearby public schools or
  851  school districts.
  852         9. The financial and administrative management of the
  853  school, including a reasonable demonstration of the professional
  854  experience or competence of those individuals or organizations
  855  applying to operate the charter school or those hired or
  856  retained to perform such professional services and the
  857  description of clearly delineated responsibilities and the
  858  policies and practices needed to effectively manage the charter
  859  school. A description of internal audit procedures and
  860  establishment of controls to ensure that financial resources are
  861  properly managed must be included. Both public sector and
  862  private sector professional experience shall be equally valid in
  863  such a consideration.
  864         10. The asset and liability projections required in the
  865  application which are incorporated into the charter and shall be
  866  compared with information provided in the annual report of the
  867  charter school.
  868         11. A description of procedures that identify various risks
  869  and provide for a comprehensive approach to reduce the impact of
  870  losses; plans to ensure the safety and security of students and
  871  staff; plans to identify, minimize, and protect others from
  872  violent or disruptive student behavior; and the manner in which
  873  the school will be insured, including whether or not the school
  874  will be required to have liability insurance, and, if so, the
  875  terms and conditions thereof and the amounts of coverage.
  876         12. The term of the charter which shall provide for
  877  cancellation of the charter if insufficient progress has been
  878  made in attaining the student achievement objectives of the
  879  charter and if it is not likely that such objectives can be
  880  achieved before expiration of the charter. The initial term of a
  881  charter shall be for 5 years, excluding 2 planning years. In
  882  order to facilitate access to long-term financial resources for
  883  charter school construction, charter schools that are operated
  884  by a municipality or other public entity as provided by law are
  885  eligible for up to a 15-year charter, subject to approval by the
  886  sponsor. A charter lab school is eligible for a charter for a
  887  term of up to 15 years. In addition, to facilitate access to
  888  long-term financial resources for charter school construction,
  889  charter schools that are operated by a private, not-for-profit,
  890  s. 501(c)(3) status corporation are eligible for up to a 15-year
  891  charter, subject to approval by the sponsor. Such long-term
  892  charters remain subject to annual review and may be terminated
  893  during the term of the charter, but only according to the
  894  provisions set forth in subsection (8).
  895         13. The facilities to be used and their location. The
  896  sponsor may not require a charter school to have a certificate
  897  of occupancy or a temporary certificate of occupancy for such a
  898  facility earlier than 15 calendar days before the first day of
  899  school.
  900         14. The qualifications to be required of the teachers and
  901  the potential strategies used to recruit, hire, train, and
  902  retain qualified staff to achieve best value.
  903         15. The governance structure of the school, including the
  904  status of the charter school as a public or private employer as
  905  required in paragraph (12)(i).
  906         16. A timetable for implementing the charter which
  907  addresses the implementation of each element thereof and the
  908  date by which the charter shall be awarded in order to meet this
  909  timetable.
  910         17. In the case of an existing public school that is being
  911  converted to charter status, alternative arrangements for
  912  current students who choose not to attend the charter school and
  913  for current teachers who choose not to teach in the charter
  914  school after conversion in accordance with the existing
  915  collective bargaining agreement or district school board rule in
  916  the absence of a collective bargaining agreement. However,
  917  alternative arrangements shall not be required for current
  918  teachers who choose not to teach in a charter lab school, except
  919  as authorized by the employment policies of the state university
  920  which grants the charter to the lab school.
  921         18. Full disclosure of the identity of all relatives
  922  employed by the charter school who are related to the charter
  923  school owner, president, chairperson of the governing board of
  924  directors, superintendent, governing board member, principal,
  925  assistant principal, or any other person employed by the charter
  926  school who has equivalent decisionmaking authority. For the
  927  purpose of this subparagraph, the term “relative” means father,
  928  mother, son, daughter, brother, sister, uncle, aunt, first
  929  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  930  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  931  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  932  stepsister, half brother, or half sister.
  933         19. Implementation of the activities authorized under s.
  934  1002.331 by the charter school when it satisfies the eligibility
  935  requirements for a high-performing charter school. A high
  936  performing charter school shall notify its sponsor in writing by
  937  March 1 if it intends to increase enrollment or expand grade
  938  levels the following school year. The written notice shall
  939  specify the amount of the enrollment increase and the grade
  940  levels that will be added, as applicable.
  941         (b) The sponsor has 30 days after approval of the
  942  application to provide an initial proposed charter contract to
  943  the charter school. The applicant and the sponsor have 40 days
  944  thereafter to negotiate and notice the charter contract for
  945  final approval by the sponsor unless both parties agree to an
  946  extension. The proposed charter contract shall be provided to
  947  the charter school at least 7 calendar days before the date of
  948  the meeting at which the charter is scheduled to be voted upon
  949  by the sponsor. The Department of Education shall provide
  950  mediation services for any dispute regarding this section
  951  subsequent to the approval of a charter application and for any
  952  dispute relating to the approved charter, except a dispute
  953  regarding a charter school application denial. If either the
  954  charter school or the sponsor indicates in writing that the
  955  party does not desire to settle any dispute arising under this
  956  section through mediation procedures offered by the Department
  957  of Education, a charter school may immediately appeal any formal
  958  or informal decision by the sponsor to an administrative law
  959  judge appointed by the Division of Administrative Hearings. If
  960  the Commissioner of Education determines that the dispute cannot
  961  be settled through mediation, the dispute may also be appealed
  962  to an administrative law judge appointed by the Division of
  963  Administrative Hearings. The administrative law judge has final
  964  order authority to rule on issues of equitable treatment of the
  965  charter school as a public school, whether proposed provisions
  966  of the charter violate the intended flexibility granted charter
  967  schools by statute, or any other matter regarding this section,
  968  except a dispute regarding charter school application denial, a
  969  charter termination, or a charter nonrenewal. The administrative
  970  law judge shall award the prevailing party reasonable attorney
  971  fees and costs incurred during the mediation process,
  972  administrative proceeding, and any appeals, to be paid by the
  973  party against whom the administrative law judge rules.
  974         (c)1. A charter may be renewed provided that a program
  975  review demonstrates that the criteria in paragraph (a) have been
  976  successfully accomplished and that none of the grounds for
  977  nonrenewal established by paragraph (8)(a) has been documented.
  978  In order to facilitate long-term financing for charter school
  979  construction, charter schools operating for a minimum of 3 years
  980  and demonstrating exemplary academic programming and fiscal
  981  management are eligible for a 15-year charter renewal. Such
  982  long-term charter is subject to annual review and may be
  983  terminated during the term of the charter.
  984         2. The 15-year charter renewal that may be granted pursuant
  985  to subparagraph 1. shall be granted to a charter school that has
  986  received a school grade of “A” or “B” pursuant to s. 1008.34 in
  987  3 of the past 4 years and is not in a state of financial
  988  emergency or deficit position as defined by this section. Such
  989  long-term charter is subject to annual review and may be
  990  terminated during the term of the charter pursuant to subsection
  991  (8).
  992         (d) A charter may be modified during its initial term or
  993  any renewal term upon the recommendation of the sponsor or the
  994  charter school’s governing board and the approval of both
  995  parties to the agreement. Changes to curriculum which are
  996  consistent with state standards shall be deemed approved unless
  997  the sponsor and the Department of Education determine in writing
  998  that the curriculum is inconsistent with state standards.
  999  Modification during any term may include, but is not limited to,
 1000  consolidation of multiple charters into a single charter if the
 1001  charters are operated under the same governing board, regardless
 1002  of the renewal cycle. A charter school that is not subject to a
 1003  school improvement plan and that closes as part of a
 1004  consolidation shall be reported by the sponsor as a
 1005  consolidation.
 1006         (e) A charter may be terminated by a charter school’s
 1007  governing board through voluntary closure. The decision to cease
 1008  operations must be determined at a public meeting. The governing
 1009  board shall notify the parents and sponsor of the public meeting
 1010  in writing before the public meeting. The governing board must
 1011  notify the sponsor, parents of enrolled students, and the
 1012  department in writing within 24 hours after the public meeting
 1013  of its determination. The notice shall state the charter
 1014  school’s intent to continue operations or the reason for the
 1015  closure and acknowledge that the governing board agrees to
 1016  follow the procedures for dissolution and reversion of public
 1017  funds pursuant to paragraphs (8)(d)-(f) and (9)(o).
 1018         (f) A charter may include a provision requiring the charter
 1019  school to be held responsible for all costs associated with, but
 1020  not limited to, mediation, damages, and attorney fees incurred
 1021  by the district in connection with complaints to the Office of
 1022  Civil Rights or the Equal Employment Opportunity Commission.
 1023         (10) ELIGIBLE STUDENTS.—
 1024         (a)1. A charter school may be exempt from the requirements
 1025  of s. 1002.31 if the school is open to any student covered in an
 1026  interdistrict agreement and any student residing in the school
 1027  district in which the charter school is located.
 1028         2.A virtual charter school when enrolling students shall
 1029  comply with the applicable requirements of s. 1002.31 and with
 1030  the enrollment requirements established under s. 1002.45(1)(e)4.
 1031         3.A However, in the case of a charter lab school, the
 1032  charter lab school shall be open to any student eligible to
 1033  attend the lab school as provided in s. 1002.32 or who resides
 1034  in the school district in which the charter lab school is
 1035  located.
 1036         4. Any eligible student shall be allowed interdistrict
 1037  transfer to attend a charter school when based on good cause.
 1038  Good cause shall include, but is not limited to, geographic
 1039  proximity to a charter school in a neighboring school district.
 1040         (17) FUNDING.—Students enrolled in a charter school,
 1041  regardless of the sponsorship, shall be funded as if they are in
 1042  a basic program or a special program, the same as students
 1043  enrolled in other public schools in a school district. Funding
 1044  for a charter lab school shall be as provided in s. 1002.32.
 1045         (b)1. The basis for the agreement for funding students
 1046  enrolled in a charter school shall be the sum of the school
 1047  district’s operating funds from the Florida Education Finance
 1048  Program as provided in s. 1011.62 and the General Appropriations
 1049  Act, including gross state and local funds, discretionary
 1050  lottery funds, and funds from the school district’s current
 1051  operating discretionary millage levy; divided by total funded
 1052  weighted full-time equivalent students in the school district;
 1053  and multiplied by the weighted full-time equivalent students for
 1054  the charter school. Charter schools whose students or programs
 1055  meet the eligibility criteria in law are entitled to their
 1056  proportionate share of categorical program funds included in the
 1057  total funds available in the Florida Education Finance Program
 1058  by the Legislature, including transportation, and the evidence
 1059  based reading allocation, and the Florida digital classrooms
 1060  allocation. Total funding for each charter school shall be
 1061  recalculated during the year to reflect the revised calculations
 1062  under the Florida Education Finance Program by the state and the
 1063  actual weighted full-time equivalent students reported by the
 1064  charter school during the full-time equivalent student survey
 1065  periods designated by the Commissioner of Education. For charter
 1066  schools operated by a not-for-profit or municipal entity, any
 1067  unrestricted current and capital assets identified in the
 1068  charter school’s annual financial audit may be used for other
 1069  charter schools operated by the not-for-profit or municipal
 1070  entity within the school district. Unrestricted current assets
 1071  shall be used in accordance with s. 1011.62, and any
 1072  unrestricted capital assets shall be used in accordance with s.
 1073  1013.62(2).
 1074         2.a. Students enrolled in a charter school sponsored by a
 1075  state university or Florida College System institution pursuant
 1076  to paragraph (5)(a) shall be funded as if they are in a basic
 1077  program or a special program in the school district. The basis
 1078  for funding these students is the sum of the total operating
 1079  funds from the Florida Education Finance Program for the school
 1080  district in which the school is located as provided in s.
 1081  1011.62 and the General Appropriations Act, including gross
 1082  state and local funds, discretionary lottery funds, and funds
 1083  from each school district’s current operating discretionary
 1084  millage levy, divided by total funded weighted full-time
 1085  equivalent students in the district, and multiplied by the full
 1086  time equivalent membership of the charter school. The Department
 1087  of Education shall develop a tool that each state university or
 1088  Florida College System institution sponsoring a charter school
 1089  shall use for purposes of calculating the funding amount for
 1090  each eligible charter school student. The total amount obtained
 1091  from the calculation must be appropriated from state funds in
 1092  the General Appropriations Act to the charter school.
 1093         b. Capital outlay funding for a charter school sponsored by
 1094  a state university or Florida College System institution
 1095  pursuant to paragraph (5)(a) is determined pursuant to s.
 1096  1013.62 and the General Appropriations Act.
 1097         (f) Funding for a virtual charter school shall be as
 1098  provided in s. 1002.45(6) s. 1002.45(7).
 1099         (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.—
 1100         (a) The Department of Education shall provide information
 1101  to the public, directly and through sponsors, on how to form and
 1102  operate a charter school and how to enroll in a charter school
 1103  once it is created. This information shall include the standard
 1104  application form, standard charter and virtual charter contracts
 1105  contract, standard evaluation instrument, and standard charter
 1106  and virtual charter renewal contracts contract, which shall
 1107  include the information specified in subsection (7) and shall be
 1108  developed by consulting and negotiating with both sponsors and
 1109  charter schools before implementation. The charter and virtual
 1110  charter contracts and charter renewal and virtual charter
 1111  contracts shall be used by charter school sponsors.
 1112         Section 12. Paragraph (a) of subsection (8) and subsection
 1113  (12) of section 1002.394, Florida Statutes, are amended to read:
 1114         1002.394 The Family Empowerment Scholarship Program.—
 1115         (8) DEPARTMENT OF EDUCATION OBLIGATIONS.—
 1116         (a) The department shall:
 1117         1. Publish and update, as necessary, information on the
 1118  department website about the Family Empowerment Scholarship
 1119  Program, including, but not limited to, student eligibility
 1120  criteria, parental responsibilities, and relevant data.
 1121         2. Cross-check before each distribution of funds the list
 1122  of participating scholarship students with the public school
 1123  enrollment lists before each scholarship payment to avoid
 1124  duplication.
 1125         3. Maintain and publish a list of nationally norm
 1126  referenced tests identified for purposes of satisfying the
 1127  testing requirement in subparagraph (9)(c)1. The tests must meet
 1128  industry standards of quality in accordance with state board
 1129  rule.
 1130         4. Notify eligible nonprofit scholarship-funding
 1131  organizations of the deadlines for submitting the verified list
 1132  of students determined to be eligible for a scholarship.
 1133         5. Notify each school district of a parent’s participation
 1134  in the scholarship program for purposes of paragraph (7)(f).
 1135         6. Deny or terminate program participation upon a parent’s
 1136  failure to comply with subsection (10).
 1137         7. Notify the parent and the organization when a
 1138  scholarship account is closed and program funds revert to the
 1139  state.
 1140         8. Notify an eligible nonprofit scholarship-funding
 1141  organization of any of the organization’s or other
 1142  organization’s identified students who are receiving
 1143  scholarships under this chapter.
 1144         9. Maintain on its website a list of approved providers as
 1145  required by s. 1002.66, eligible postsecondary educational
 1146  institutions, eligible private schools, and eligible
 1147  organizations and may identify or provide links to lists of
 1148  other approved providers.
 1149         10. Require each organization to verify eligible
 1150  expenditures before the distribution of funds for any
 1151  expenditures made pursuant to subparagraphs (4)(b)1. and 2.
 1152  Review of expenditures made for services specified in
 1153  subparagraphs (4)(b)3.-15. may be completed after the purchase
 1154  is made.
 1155         11. Investigate any written complaint of a violation of
 1156  this section by a parent, a student, a private school, a public
 1157  school, a school district, an organization, a provider, or
 1158  another appropriate party in accordance with the process
 1159  established under s. 1002.421.
 1160         12. Require quarterly reports by an organization, which
 1161  must include, at a minimum, the number of students participating
 1162  in the program; the demographics of program participants; the
 1163  disability category of program participants; the matrix level of
 1164  services, if known; the program award amount per student; the
 1165  total expenditures for the purposes specified in paragraph
 1166  (4)(b); the types of providers of services to students; and any
 1167  other information deemed necessary by the department.
 1168         13. Notify eligible nonprofit scholarship funding
 1169  organizations that scholarships may not be awarded in a school
 1170  district in which the award will exceed 99 percent of the school
 1171  district’s share of state funding through the Florida Education
 1172  Finance Program as calculated by the department.
 1173         14.Adjust payments to eligible nonprofit scholarship
 1174  funding organizations and, when the Florida Education Finance
 1175  Program is recalculated, adjust the amount of state funds
 1176  allocated to school districts through the Florida Education
 1177  Finance Program based upon the results of the cross-check
 1178  completed pursuant to subparagraph 2.
 1179         (12) SCHOLARSHIP FUNDING AND PAYMENT.—
 1180         (a)1. Scholarships for students determined eligible
 1181  pursuant to paragraph (3)(a) are established for up to 18,000
 1182  students annually beginning in the 2019-2020 school year.
 1183  Beginning in the 2020-2021 school year, the maximum number of
 1184  students participating in the scholarship program under this
 1185  section shall annually increase by 1.0 percent of the state’s
 1186  total full-time equivalent student membership public school
 1187  student enrollment. An eligible student who meets any of the
 1188  following requirements shall be excluded from the maximum number
 1189  of students if the student:
 1190         a.Received a scholarship pursuant to s. 1002.395 during
 1191  the previous school year but did not receive a renewal
 1192  scholarship based solely on the eligible nonprofit scholarship
 1193  funding organization’s lack of available funds after the
 1194  organization fully exhausted its efforts to use funds available
 1195  for awards under ss. 1002.395 and 1002.40(11)(i). Eligible
 1196  nonprofit scholarship-funding organizations with students who
 1197  meet the criterion in this subparagraph must annually notify the
 1198  department in a format and by a date established by the
 1199  department. The maximum number of scholarships awarded pursuant
 1200  to this subparagraph shall not exceed 15,000 per school year;
 1201         a.b. Is a dependent child of a member of the United States
 1202  Armed Forces, a foster child, or an adopted child; or
 1203         b.c. Is determined eligible pursuant to subparagraph
 1204  (3)(a)1. or subparagraph (3)(a)2. and either spent the prior
 1205  school year in attendance at a Florida public school or,
 1206  beginning in the 2022-2023 school year, is eligible to enroll in
 1207  kindergarten. For purposes of this subparagraph, the term “prior
 1208  school year in attendance” means that the student was enrolled
 1209  and reported by a school district for funding during either the
 1210  preceding October or February full-time equivalent student
 1211  membership Florida Education Finance Program surveys in
 1212  kindergarten through grade 12, which includes time spent in a
 1213  Department of Juvenile Justice commitment program if funded
 1214  under the Florida Education Finance Program.
 1215         2. The scholarship amount provided to a student for any
 1216  single school year shall be for tuition and fees for an eligible
 1217  private school, not to exceed annual limits, which shall be
 1218  determined in accordance with this subparagraph. The calculated
 1219  scholarship amount for a participating student shall be based
 1220  upon the grade level and school district in which the student
 1221  was assigned as 100 percent of the funds per unweighted full
 1222  time equivalent in the Florida Education Finance Program for a
 1223  student in the basic program established pursuant to s.
 1224  1011.62(1)(c)1., plus a per-full-time equivalent share of funds
 1225  for all categorical programs, except for the exceptional student
 1226  education guaranteed allocation established pursuant to s.
 1227  1011.62(1)(e).
 1228         3. The amount of the scholarship shall be the calculated
 1229  amount or the amount of the private school’s tuition and fees,
 1230  whichever is less. The amount of any assessment fee required by
 1231  the participating private school and any costs to provide a
 1232  digital device, including Internet access, if necessary, to the
 1233  student may be paid from the total amount of the scholarship.
 1234         4. A scholarship of $750 or an amount equal to the school
 1235  district expenditure per student riding a school bus, as
 1236  determined by the department, whichever is greater, may be
 1237  awarded to a student who is determined eligible pursuant to
 1238  subparagraph (3)(a)1. or subparagraph (3)(a)2. and enrolled in a
 1239  Florida public school that is different from the school to which
 1240  the student was assigned or in a lab school as defined in s.
 1241  1002.32 if the school district does not provide the student with
 1242  transportation to the school.
 1243         5. Upon notification from the organization on July 1,
 1244  September 1, December 1, and February 1 that an application has
 1245  been approved for the program, the department shall verify that
 1246  the student is not prohibited from receiving a scholarship
 1247  pursuant to subsection (6). The organization must provide the
 1248  department with the documentation necessary to verify the
 1249  student’s participation. Upon receiving the documentation
 1250  verification, the department shall transfer, from state funds
 1251  only, the amount calculated pursuant to subparagraph 2. to the
 1252  organization for quarterly disbursement to parents of
 1253  participating students each school year in which the scholarship
 1254  is in force. For a student exiting a Department of Juvenile
 1255  Justice commitment program who chooses to participate in the
 1256  scholarship program, the amount of the Family Empowerment
 1257  Scholarship calculated pursuant to subparagraph 2. must be
 1258  transferred from the school district in which the student last
 1259  attended a public school before commitment to the Department of
 1260  Juvenile Justice. When a student enters the scholarship program,
 1261  the organization must receive all documentation required for the
 1262  student’s participation, including the private school’s and the
 1263  student’s fee schedules, at least 30 days before the first
 1264  quarterly scholarship payment is made for the student.
 1265         6. The initial payment shall be made after the
 1266  organization’s verification of admission acceptance, and
 1267  subsequent payments shall be made upon verification of continued
 1268  enrollment and attendance at the private school. Payment must be
 1269  by individual warrant made payable to the student’s parent or by
 1270  funds transfer or any other means of payment that the department
 1271  deems to be commercially viable or cost-effective. If the
 1272  payment is made by warrant, the warrant must be delivered by the
 1273  organization to the private school of the parent’s choice, and
 1274  the parent shall restrictively endorse the warrant to the
 1275  private school. An organization shall ensure that the parent to
 1276  whom the warrant is made has restrictively endorsed the warrant
 1277  to the private school for deposit into the account of the
 1278  private school or that the parent has approved a funds transfer
 1279  before any scholarship funds are deposited.
 1280         (b)1. Scholarships for students determined eligible
 1281  pursuant to paragraph (3)(b) are established for up to 26,500
 1282  20,000 students annually beginning in the 2022-2023 2021-2022
 1283  school year. Beginning in the 2023-2024 2022-2023 school year,
 1284  the maximum number of students participating in the scholarship
 1285  program under this section shall annually increase by 1.0
 1286  percent of the state’s total exceptional student education full
 1287  time equivalent student membership enrollment, not including
 1288  gifted students. An eligible student who meets any of the
 1289  following requirements shall be excluded from the maximum number
 1290  of students if the student:
 1291         a. Received specialized instructional services under the
 1292  Voluntary Prekindergarten Education Program pursuant to s.
 1293  1002.66 during the previous school year and the student has a
 1294  current IEP developed by the district local school board in
 1295  accordance with rules of the State Board of Education;
 1296         b. Is a dependent child of a member of the United States
 1297  Armed Forces, a foster child, or an adopted child;
 1298         c. Spent the prior school year in attendance at a Florida
 1299  public school or the Florida School for the Deaf and the Blind.
 1300  For purposes of this subparagraph, the term “prior school year
 1301  in attendance” means that the student was enrolled and reported
 1302  by:
 1303         (I) A school district for funding during either the
 1304  preceding October or February full-time equivalent student
 1305  membership Florida Education Finance Program surveys in
 1306  kindergarten through grade 12, which includes time spent in a
 1307  Department of Juvenile Justice commitment program if funded
 1308  under the Florida Education Finance Program;
 1309         (II) The Florida School for the Deaf and the Blind during
 1310  the preceding October or February full-time equivalent student
 1311  membership surveys in kindergarten through grade 12;
 1312         (III) A school district for funding during the preceding
 1313  October or February full-time equivalent student membership
 1314  Florida Education Finance Program surveys, was at least 4 years
 1315  of age when enrolled and reported, and was eligible for services
 1316  under s. 1003.21(1)(e); or
 1317         (IV) Received a John M. McKay Scholarship for Students with
 1318  Disabilities in the 2021-2022 school year.
 1319         2. For a student who has a Level I to Level III matrix of
 1320  services or a diagnosis by a physician or psychologist, the
 1321  calculated scholarship amount for a student participating in the
 1322  program must be based upon the grade level and school district
 1323  in which the student would have been enrolled as the total funds
 1324  per unweighted full-time equivalent in the Florida Education
 1325  Finance Program for a student in the basic exceptional student
 1326  education program pursuant to s. 1011.62(1)(c)1. and (e)1.c.,
 1327  plus a per full-time equivalent share of funds for all
 1328  categorical programs, as funded in the General Appropriations
 1329  Act, except that for the exceptional student education
 1330  guaranteed allocation, as provided in s. 1011.62(1)(e)1.c. and
 1331  2., the funds must be allocated based on the school district’s
 1332  average exceptional student education guaranteed allocation
 1333  funds per exceptional student education full-time equivalent
 1334  student.
 1335         3. For a student with a Level IV or Level V matrix of
 1336  services, the calculated scholarship amount must be based upon
 1337  the school district to which the student would have been
 1338  assigned as the total funds per full-time equivalent for the
 1339  Level IV or Level V exceptional student education program
 1340  pursuant to s. 1011.62(1)(c)2.a. or b., plus a per-full time
 1341  equivalent share of funds for all categorical programs, as
 1342  funded in the General Appropriations Act.
 1343         4. For a student who received a Gardiner Scholarship
 1344  pursuant to s. 1002.385 in the 2020-2021 school year, the amount
 1345  shall be the greater of the amount calculated pursuant to
 1346  subparagraph 2. or the amount the student received for the 2020
 1347  2021 school year.
 1348         5. For a student who received a John M. McKay Scholarship
 1349  pursuant to s. 1002.39 in the 2020-2021 school year, the amount
 1350  shall be the greater of the amount calculated pursuant to
 1351  subparagraph 2. or the amount the student received for the 2020
 1352  2021 school year.
 1353         6. Upon notification from an organization on July 1,
 1354  September 1, December 1, and February 1 that an application has
 1355  been approved for the program, the department shall verify that
 1356  the student is not prohibited from receiving a scholarship
 1357  pursuant to subsection (6). The organization must provide the
 1358  department with the documentation necessary to verify the
 1359  student’s participation.
 1360         7. Upon receiving the documentation verification, the
 1361  department shall release, from state funds only, the student’s
 1362  scholarship funds to the organization, to be deposited into the
 1363  student’s account in four equal amounts no later than September
 1364  1, November 1, February 1, and April 1 of each school year in
 1365  which the scholarship is in force.
 1366         8. Accrued interest in the student’s account is in addition
 1367  to, and not part of, the awarded funds. Program funds include
 1368  both the awarded funds and accrued interest.
 1369         9. The organization may develop a system for payment of
 1370  benefits by funds transfer, including, but not limited to, debit
 1371  cards, electronic payment cards, or any other means of payment
 1372  which the department deems to be commercially viable or cost
 1373  effective. A student’s scholarship award may not be reduced for
 1374  debit card or electronic payment fees. Commodities or services
 1375  related to the development of such a system must be procured by
 1376  competitive solicitation unless they are purchased from a state
 1377  term contract pursuant to s. 287.056.
 1378         10. Moneys received pursuant to this section do not
 1379  constitute taxable income to the qualified student or the parent
 1380  of the qualified student.
 1381         Section 13. Paragraph (j) of subsection (6), paragraph (d)
 1382  of subsection (9), and paragraph (a) of subsection (11) of
 1383  section 1002.395, Florida Statutes, are amended to read:
 1384         1002.395 Florida Tax Credit Scholarship Program.—
 1385         (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
 1386  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
 1387  organization:
 1388         (j)1. May use eligible contributions received pursuant to
 1389  this section and ss. 212.099, 212.1832, and 1002.40 during the
 1390  state fiscal year in which such contributions are collected for
 1391  administrative expenses if the organization has operated as an
 1392  eligible nonprofit scholarship-funding organization for at least
 1393  the preceding 3 fiscal years and did not have any findings of
 1394  material weakness or material noncompliance in its most recent
 1395  audit under paragraph (m). Administrative expenses from eligible
 1396  contributions may not exceed 3 percent of the total amount of
 1397  all scholarships funded by an eligible scholarship-funding
 1398  organization under this chapter. Such administrative expenses
 1399  must be reasonable and necessary for the organization’s
 1400  management and distribution of scholarships funded under this
 1401  chapter. Administrative expenses may include developing or
 1402  contracting with rideshare programs or facilitating carpool
 1403  strategies for recipients of a transportation scholarship. No
 1404  funds authorized under this subparagraph shall be used for
 1405  lobbying or political activity or expenses related to lobbying
 1406  or political activity. Up to one-third of the funds authorized
 1407  for administrative expenses under this subparagraph may be used
 1408  for expenses related to the recruitment of contributions from
 1409  taxpayers. An eligible nonprofit scholarship-funding
 1410  organization may not charge an application fee.
 1411         2. Must expend for annual or partial-year scholarships an
 1412  amount equal to or greater than 75 percent of the net eligible
 1413  contributions remaining after administrative expenses during the
 1414  state fiscal year in which such contributions are collected. No
 1415  more than 25 percent of such net eligible contributions may be
 1416  carried forward to the following state fiscal year. All amounts
 1417  carried forward, for audit purposes, must be specifically
 1418  identified for particular students, by student name and the name
 1419  of the school to which the student is admitted, subject to the
 1420  requirements of ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g,
 1421  and the applicable rules and regulations issued pursuant
 1422  thereto. Any amounts carried forward shall be expended for
 1423  annual or partial-year scholarships in the following state
 1424  fiscal year. No later than September 30 of each year, net
 1425  eligible contributions remaining on June 30 of each year that
 1426  are in excess of the 25 percent that may be carried forward
 1427  shall be used to provide scholarships to eligible students or
 1428  transferred to other eligible nonprofit scholarship-funding
 1429  organizations to provide scholarships for eligible students. All
 1430  transferred funds must be deposited by each eligible nonprofit
 1431  scholarship-funding organization receiving such funds into its
 1432  scholarship account. All transferred amounts received by any
 1433  eligible nonprofit scholarship-funding organization must be
 1434  separately disclosed in the annual financial audit required
 1435  under paragraph (m).
 1436         3. Must, before granting a scholarship for an academic
 1437  year, document each scholarship student’s eligibility for that
 1438  academic year. A scholarship-funding organization may not grant
 1439  multiyear scholarships in one approval process.
 1440  
 1441  Information and documentation provided to the Department of
 1442  Education and the Auditor General relating to the identity of a
 1443  taxpayer that provides an eligible contribution under this
 1444  section shall remain confidential at all times in accordance
 1445  with s. 213.053.
 1446         (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The Department of
 1447  Education shall:
 1448         (d) Cross-check the list of participating scholarship
 1449  students with the public school enrollment lists to avoid
 1450  duplication and, when the Florida Education Finance Program is
 1451  recalculated, adjust the amount of state funds allocated to
 1452  school districts through the Florida Education Finance Program
 1453  based upon the results of the cross-check.
 1454         (11) SCHOLARSHIP AMOUNT AND PAYMENT.—
 1455         (a) The scholarship amount provided to any student for any
 1456  single school year by an eligible nonprofit scholarship-funding
 1457  organization from eligible contributions shall be for total
 1458  costs authorized under paragraph (6)(d), not to exceed annual
 1459  limits, which shall be determined as follows:
 1460         1. For a student who received a scholarship in the 2018
 1461  2019 school year, who remains eligible, and who is enrolled in
 1462  an eligible private school, the amount shall be the greater
 1463  amount calculated pursuant to subparagraph 2. or a percentage of
 1464  the unweighted FTE funding amount for the 2018-2019 state fiscal
 1465  year and thereafter as follows:
 1466         a. Eighty-eight percent for a student enrolled in
 1467  kindergarten through grade 5.
 1468         b. Ninety-two percent for a student enrolled in grade 6
 1469  through grade 8.
 1470         c. Ninety-six percent for a student enrolled in grade 9
 1471  through grade 12.
 1472         2. For students initially eligible in the 2019-2020 school
 1473  year or thereafter, the calculated amount for a student to
 1474  attend an eligible private school shall be calculated in
 1475  accordance with s. 1002.394(12)(a).
 1476         3. The scholarship amount awarded to a student enrolled in
 1477  a Florida public school in which a student is enrolled and that
 1478  is different from the school to which the student was assigned
 1479  or in a lab school as defined in s. 1002.32, must be an amount
 1480  equal to the school district expenditure per student riding a
 1481  school bus, as determined by the department, or is limited to
 1482  $750, whichever is greater.
 1483         Section 14. Paragraph (a) of subsection (8) of section
 1484  1002.40, Florida Statutes, is amended to read:
 1485         1002.40 The Hope Scholarship Program.—
 1486         (8) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
 1487  shall:
 1488         (a) Cross-check the list of participating scholarship
 1489  students with the public school enrollment lists to avoid
 1490  duplication and, when the Florida Education Finance Program is
 1491  recalculated, adjust the amount of state funds allocated to
 1492  school districts through the Florida Education Finance Program
 1493  based upon the results of the cross-check.
 1494         Section 15. Subsections (1), (2), and (6) of section
 1495  1002.411, Florida Statutes, are amended to read:
 1496         1002.411 New Worlds Reading Scholarship Accounts.—
 1497         (1) NEW WORLDS READING SCHOLARSHIP ACCOUNTS.—New Worlds
 1498  Reading Scholarship Accounts are established to provide
 1499  educational options for students.
 1500         (2) ELIGIBILITY.—Contingent upon available funds, and on a
 1501  first-come, first-served basis, each student in grades 3 through
 1502  5 who is enrolled in a Florida public school in kindergarten
 1503  through grade 5 is eligible for a reading scholarship account if
 1504  the student has a substantial reading deficiency identified
 1505  under s. 1008.25(5)(a) or scored below a Level 3 on the grade 3
 1506  or grade 4 statewide, standardized English Language Arts (ELA)
 1507  assessment in the prior school year. An eligible student who is
 1508  classified as an English Language Learner and is enrolled in a
 1509  program or receiving services that are specifically designed to
 1510  meet the instructional needs of English Language Learner
 1511  students shall receive priority.
 1512         (6) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—
 1513         (a) By September 30, the school district shall notify the
 1514  parent of each student in kindergarten grades 3 through grade 5
 1515  who has a substantial reading deficiency identified under s.
 1516  1008.25(5)(a) or scored below a level 3 on the statewide,
 1517  standardized ELA assessment in the prior school year of the
 1518  process to request and receive a reading scholarship, subject to
 1519  available funds.
 1520         (b)A school district may not prohibit instructional
 1521  personnel from providing services pursuant to this section on
 1522  the instructional personnel’s school campus outside regular work
 1523  hours, subject to school district policies for safety and
 1524  security operations to protect students, instructional
 1525  personnel, and educational facilities.
 1526         Section 16. Effective January 1, 2023, paragraph (e) of
 1527  subsection (1) of section 1002.421, Florida Statutes, is amended
 1528  to read:
 1529         1002.421 State school choice scholarship program
 1530  accountability and oversight.—
 1531         (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private
 1532  school participating in an educational scholarship program
 1533  established pursuant to this chapter must be a private school as
 1534  defined in s. 1002.01(2) in this state, be registered, and be in
 1535  compliance with all requirements of this section in addition to
 1536  private school requirements outlined in s. 1002.42, specific
 1537  requirements identified within respective scholarship program
 1538  laws, and other provisions of Florida law that apply to private
 1539  schools, and must:
 1540         (e) Annually complete and submit to the department a
 1541  notarized scholarship compliance statement certifying that all
 1542  school employees and contracted personnel with direct student
 1543  contact have undergone background screening pursuant to s.
 1544  435.12 s. 943.0542 and have met the screening standards as
 1545  provided in s. 435.04.
 1546  
 1547  The department shall suspend the payment of funds to a private
 1548  school that knowingly fails to comply with this subsection, and
 1549  shall prohibit the school from enrolling new scholarship
 1550  students, for 1 fiscal year and until the school complies. If a
 1551  private school fails to meet the requirements of this subsection
 1552  or has consecutive years of material exceptions listed in the
 1553  report required under paragraph (q), the commissioner may
 1554  determine that the private school is ineligible to participate
 1555  in a scholarship program. 
 1556         Section 17. Subsections (6) through (11) of section
 1557  1002.45, Florida Statutes, are renumbered as subsections (5)
 1558  through (10), respectively, and subsections (1) and (2),
 1559  paragraphs (b), (c), and (d) of subsection (3), subsections (4)
 1560  and (5), and present subsections (6), (7), (8), and (11) of
 1561  section 1002.45, Florida Statutes, are amended, to read:
 1562         1002.45 Virtual instruction programs.—
 1563         (1) PROGRAM.—
 1564         (a) For purposes of this section, the term:
 1565         1. “Approved virtual instruction program provider” means a
 1566  provider that is approved by the State Board Department of
 1567  Education under subsection (2), the Florida Virtual School, a
 1568  franchise of the Florida Virtual School, or a Florida College
 1569  System institution.
 1570         2.“Department” means the Department of Education.
 1571         3.2. “Virtual instruction program” means a program of
 1572  instruction provided in an interactive learning environment
 1573  created through technology in which students are separated from
 1574  their teachers by time or space, or both.
 1575         (b)1. Each school district shall provide at least one
 1576  option for part-time and full-time virtual instruction for
 1577  students residing within the school district. All school
 1578  districts must provide parents with timely written notification
 1579  of at least one open enrollment period for full-time students of
 1580  90 days or more which ends 30 days before the first day of the
 1581  school year. The purpose of the program is to make quality
 1582  virtual instruction available to students using online and
 1583  distance learning technology in the nontraditional classroom. A
 1584  school district virtual instruction program shall consist of the
 1585  following:
 1586         a.1. Full-time and part-time virtual instruction for
 1587  students enrolled in kindergarten through grade 12.
 1588         b.2. Full-time or part-time virtual instruction for
 1589  students enrolled in dropout prevention and academic
 1590  intervention programs under s. 1003.53, Department of Juvenile
 1591  Justice education programs under s. 1003.52, core-curricula
 1592  courses to meet class size requirements under s. 1003.03, or
 1593  Florida College System institutions under this section.
 1594         2.Each virtual instruction program established under
 1595  paragraph (c) by a school district either directly or through a
 1596  contract with an approved virtual instruction program provider
 1597  shall operate under its own Master School Identification Number
 1598  as prescribed by the department.
 1599         (c) To provide students residing within the school district
 1600  with the option of participating in virtual instruction programs
 1601  as required by paragraph (b), a school district may:
 1602         1. Contract with the Florida Virtual School or establish a
 1603  franchise of the Florida Virtual School pursuant to s.
 1604  1002.37(2) for the provision of a program under paragraph (b).
 1605  Using this option is subject to the requirements of this section
 1606  and s. 1011.61(1)(c)1.b.(III) and (IV) and (4). A district may
 1607  report full-time equivalent student membership for credit earned
 1608  by a student who is enrolled in a virtual education course
 1609  provided by the district which was completed after the end of
 1610  the regular school year if the FTE is reported no later than the
 1611  deadline for amending the final student membership report for
 1612  that year.
 1613         2. Contract with an approved virtual instruction program
 1614  provider under subsection (2) for the provision of a full-time
 1615  or part-time program under paragraph (b).
 1616         3. Enter into an agreement with other school districts to
 1617  allow the participation of its students in an approved virtual
 1618  instruction program provided by the other school district. The
 1619  agreement must indicate a process for the transfer of funds
 1620  required by paragraph (6)(b) (7)(a).
 1621         4. Establish school district operated part-time or full
 1622  time kindergarten through grade 12 virtual instruction programs
 1623  under paragraph (b) for students enrolled in the school
 1624  district. A full-time program shall operate under its own Master
 1625  School Identification Number.
 1626         5. Enter into an agreement with a virtual charter school
 1627  authorized by the school district under s. 1002.33.
 1628  
 1629  Contracts under subparagraph 1. or subparagraph 2. may include
 1630  multidistrict contractual arrangements that may be executed by a
 1631  regional consortium service organization established pursuant to
 1632  s. 1001.451 for its member districts. A multidistrict
 1633  contractual arrangement or an agreement under subparagraph 3. is
 1634  not subject to s. 1001.42(4)(d) and does not require the
 1635  participating school districts to be contiguous. These
 1636  arrangements may be used to fulfill the requirements of
 1637  paragraph (b).
 1638         (d) A virtual charter school may provide full-time or part
 1639  time virtual instruction for students in kindergarten through
 1640  grade 12 residing within the school district sponsoring the
 1641  virtual charter school if the virtual charter school has a
 1642  charter approved pursuant to s. 1002.33. A virtual charter
 1643  school may:
 1644         1. Contract with the Florida Virtual School.
 1645         2. Contract with an approved virtual instruction program
 1646  provider under subsection (2).
 1647         3. Enter into an agreement with a school district to allow
 1648  the participation of the virtual charter school’s students in
 1649  the school district’s virtual instruction program. The agreement
 1650  must indicate a process for reporting of student enrollment and
 1651  the transfer of funds required by paragraph (6)(b) (7)(a).
 1652         (e) Each school district shall:
 1653         1. Provide to the department by each October 1, a copy of
 1654  each contract and the amount amounts paid per unweighted full
 1655  time equivalent virtual student for services procured pursuant
 1656  to subparagraphs (c)1. and 2.
 1657         2. Expend any the difference in the amount of funds per
 1658  unweighted full-time equivalent virtual student allocated to
 1659  provided for a student participating in the school district
 1660  virtual instruction program pursuant to subsection (6)(7) and
 1661  the amount price paid per unweighted full-time equivalent
 1662  virtual student by the school district for a contract executed
 1663  pursuant to subparagraph (c)1. or subparagraph (c)2. on for
 1664  acquiring computer and device hardware and associated operating
 1665  system software that comply with the requirements of s.
 1666  1001.20(4)(a)1.b.
 1667         3.Provide to the department and by September 1 of each
 1668  year report to the department an itemized list of items acquired
 1669  in subparagraph 2 with these funds.
 1670         4.3. Limit the enrollment of virtual full-time equivalent
 1671  virtual students residing outside of the school district
 1672  providing the virtual instruction pursuant to paragraph (c) to
 1673  no more than 50 percent of the total enrolled virtual full-time
 1674  equivalent virtual students residing inside the school district
 1675  providing the virtual instruction. This subparagraph applies to
 1676  any virtual instruction contract or agreement that is entered
 1677  into for the first time after June 30, 2021. However, a school
 1678  district may not enroll more virtual full-time equivalent
 1679  virtual students residing outside of the school district than
 1680  the total number of reported full-time equivalent students
 1681  residing inside the school district.
 1682         (2) PROVIDER QUALIFICATIONS.—
 1683         (a) The department shall annually publish on its website
 1684  online a list of providers approved by the State Board of
 1685  Education to offer virtual instruction programs. To be approved
 1686  by the department, a virtual instruction program provider must
 1687  document that it:
 1688         1. Is nonsectarian in its programs, admission policies,
 1689  employment practices, and operations;
 1690         2. Complies with the antidiscrimination provisions of s.
 1691  1000.05;
 1692         3. Locates an administrative office or offices in this
 1693  state, requires its administrative staff to be state residents,
 1694  requires all instructional staff to be Florida-certified
 1695  teachers under chapter 1012 and conducts background screenings
 1696  for all employees or contracted personnel, as required by s.
 1697  1012.32, using state and national criminal history records;
 1698         4. Electronically provides to parents and students specific
 1699  information posted and accessible online that includes, but is
 1700  not limited to, the following teacher-parent and teacher-student
 1701  contact information for each course:
 1702         a. How to contact the instructor via phone, e-mail, or
 1703  online messaging tools.
 1704         b. How to contact technical support via phone, e-mail, or
 1705  online messaging tools.
 1706         c. How to contact the administration office via phone, e
 1707  mail, or online messaging tools.
 1708         d. Any requirement for regular contact with the instructor
 1709  for the course and clear expectations for meeting the
 1710  requirement.
 1711         e. The requirement that the instructor in each course must,
 1712  at a minimum, conduct one contact with the parent and the
 1713  student each month;
 1714         5. Possesses prior, successful experience offering virtual
 1715  instruction online courses to elementary, middle, or high school
 1716  students as demonstrated by quantified student learning gains in
 1717  each subject area and grade level provided for consideration as
 1718  an instructional program option. However, for a virtual
 1719  instruction program provider without sufficient prior,
 1720  successful experience offering online courses, the State Board
 1721  of Education department may conditionally approve the virtual
 1722  instruction program provider to offer courses measured pursuant
 1723  to subparagraph (7)(a)2. (8)(a)2. Conditional approval shall be
 1724  valid for 1 school year only and, based on the virtual
 1725  instruction program provider’s experience in offering the
 1726  courses, the State Board of Education may department shall
 1727  determine whether to grant approval to offer a virtual
 1728  instruction program;
 1729         6. Is accredited by a regional accrediting association as
 1730  defined by State Board of Education rule;
 1731         7. Ensures instructional and curricular quality through a
 1732  detailed curriculum and student performance accountability plan
 1733  that addresses every subject and grade level it intends to
 1734  provide through contract with the school district, including:
 1735         a. Courses and programs that meet the standards of the
 1736  International Association for K-12 Online Learning and the
 1737  Southern Regional Education Board.
 1738         b. Instructional content and services that align with, and
 1739  measure student attainment of, student proficiency in the Next
 1740  Generation Sunshine State Standards.
 1741         c. Mechanisms that determine and ensure that a student has
 1742  satisfied requirements for grade level promotion and high school
 1743  graduation with a standard diploma, as appropriate;
 1744         8. Publishes for the general public, in accordance with
 1745  disclosure requirements adopted in rule by the State Board of
 1746  Education, as part of its application as an approved virtual
 1747  instruction program a provider and in all contracts negotiated
 1748  pursuant to this section:
 1749         a. Information and data about the curriculum of each full
 1750  time and part-time virtual instruction program.
 1751         b. School policies and procedures.
 1752         c. Certification status and physical location of all
 1753  administrative and instructional personnel.
 1754         d. Hours and times of availability of instructional
 1755  personnel.
 1756         e. Student-teacher ratios.
 1757         f. Student completion and promotion rates.
 1758         g. Student, educator, and school performance accountability
 1759  outcomes;
 1760         9. If the approved virtual instruction program provider is
 1761  a Florida College System institution, employs instructors who
 1762  meet the certification requirements for instructional staff
 1763  under chapter 1012; and
 1764         10. Performs an annual financial audit of its accounts and
 1765  records conducted by an independent auditor who is a certified
 1766  public accountant licensed under chapter 473. The independent
 1767  auditor shall conduct the audit which is in accordance with
 1768  rules adopted by the Auditor General and, is conducted in
 1769  compliance with generally accepted auditing standards, and
 1770  include includes a report on financial statements presented in
 1771  accordance with generally accepted accounting principles. The
 1772  audit report shall be accompanied by a written statement from
 1773  the approved virtual instruction program provider in response to
 1774  any deficiencies identified within the audit report and shall be
 1775  submitted by the approved virtual instruction program provider
 1776  to the State Board of Education and the Auditor General no later
 1777  than 9 months after the end of the preceding fiscal year.
 1778         (b) An approved virtual instruction program provider that
 1779  maintains compliance with all requirements of this section shall
 1780  retain its approved status for a period of during the 3 school
 1781  years after the date of the department’s approval by the State
 1782  Board of Education under paragraph (a) as long as the provider
 1783  continues to comply with all requirements of this section.
 1784  However, each provider approved by the department for the 2011
 1785  2012 school year must reapply for approval to provide a part
 1786  time program for students in grades 9 through 12.
 1787         (3) VIRTUAL INSTRUCTION PROGRAM REQUIREMENTS.—Each virtual
 1788  instruction program under this section must:
 1789         (b) Offer instruction that is designed to enable a student
 1790  to gain proficiency in each virtual instruction virtually
 1791  delivered course of study.
 1792         (c) Provide each student enrolled in the virtual
 1793  instruction program with all the necessary instructional
 1794  materials.
 1795         (d) Provide each full-time student enrolled in the virtual
 1796  instruction program who qualifies for free or reduced-price
 1797  school lunches under the National School Lunch Act, or who is on
 1798  the direct certification list, and who does not have a computer
 1799  or Internet access in his or her home with:
 1800         1. All equipment necessary for participants in the virtual
 1801  instruction program, including, but not limited to, a computer,
 1802  computer monitor, and printer, if a printer is necessary to
 1803  participate in the virtual instruction program; and
 1804         2. Access to or reimbursement for all Internet services
 1805  necessary for online delivery of instruction.
 1806         (4) CONTRACT REQUIREMENTS.—Each contract with an approved
 1807  virtual instruction program provider must, at minimum:
 1808         (a) Set forth a detailed curriculum plan that illustrates
 1809  how students will be provided services and be measured for
 1810  attainment of proficiency in the Next Generation Sunshine State
 1811  Standards for each grade level and subject.
 1812         (b) Provide a method for determining that a student has
 1813  satisfied the requirements for graduation in s. 1002.3105(5), s.
 1814  1003.4281, or s. 1003.4282 if the contract is for the provision
 1815  of a full-time virtual instruction program to students in grades
 1816  9 through 12.
 1817         (c) Specify a method for resolving conflicts among the
 1818  parties.
 1819         (d) Specify authorized reasons for termination of the
 1820  contract.
 1821         (e) Require the approved virtual instruction program
 1822  provider to be responsible for all debts of the virtual
 1823  instruction program if the contract is not renewed or is
 1824  terminated.
 1825         (f) Require the approved virtual instruction program
 1826  provider to comply with all requirements of this section.
 1827         (g)Require the approved virtual instruction program
 1828  provider to submit a concise, uniform, monthly financial
 1829  statement summary sheet in a form prescribed by the department.
 1830         (h)Provide the current incoming baseline standard of
 1831  student academic achievement, the outcomes to be achieved, the
 1832  method of measurement that will be used, and a detailed
 1833  description of:
 1834         1.How the baseline student academic achievement levels and
 1835  prior rates of academic progress will be established.
 1836         2.How these baseline rates will be compared to rates of
 1837  academic progress achieved by the same students while enrolled
 1838  in the virtual instruction program.
 1839         3.To the extent possible, how the rates of progress will
 1840  be evaluated and compared with rates of progress of other
 1841  closely comparable student populations.
 1842         (i)Require the approved virtual instruction program
 1843  provider to annually submit an accountability report that
 1844  contains demographic information and student achievement
 1845  performance data, that links baseline student data to the
 1846  provider performance projections identified in the contract.
 1847  
 1848  A contracting school district shall facilitate compliance with
 1849  the requirements of paragraphs (h) and (i).
 1850         (5)STUDENT ELIGIBILITY.—A student may enroll in a virtual
 1851  instruction program provided by the school district or by a
 1852  virtual charter school pursuant to s. 1002.455.
 1853         (5)(6) STUDENT PARTICIPATION REQUIREMENTS.—Each student
 1854  enrolled in the school district’s a virtual instruction program
 1855  authorized pursuant to paragraph (1)(c) or virtual charter
 1856  school must:
 1857         (a) Comply with the compulsory attendance requirements of
 1858  s. 1003.21. Student attendance must be verified by the school
 1859  district.
 1860         (b) Take statewide assessments pursuant to s. 1008.22.
 1861  Statewide assessments may be administered within the school
 1862  district in which such student resides, or as specified in the
 1863  contract in accordance with s. 1008.24(3). If requested by the
 1864  approved virtual instruction program provider or virtual charter
 1865  school, the district of residence must provide the student with
 1866  access to the district’s testing facilities.
 1867         (6)(7) VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER
 1868  SCHOOL FUNDING.—
 1869         (a) All virtual instruction programs established pursuant
 1870  to paragraph (1)(c) are subject to the requirements of s.
 1871  1011.61(1)(c)1.b.(III), (IV), (VI) and (4) and the school
 1872  district providing the virtual instruction program shall report
 1873  the full-time equivalent students, in a manner prescribed by the
 1874  department. A school district may report a full-time equivalent
 1875  student for credit earned by a student who is enrolled in a
 1876  virtual instruction course provided by the district which was
 1877  completed after the end of the regular school year if the full
 1878  time equivalent student is reported no later than the deadline
 1879  for amending the final full-time equivalent student membership
 1880  report for that year Students enrolled in a virtual instruction
 1881  program or a virtual charter school shall be funded through the
 1882  Florida Education Finance Program as provided in the General
 1883  Appropriations Act. However, such funds may not be provided for
 1884  the purpose of fulfilling the class size requirements in ss.
 1885  1003.03 and 1011.685. The school district providing the virtual
 1886  instruction shall report the full-time equivalent students for a
 1887  virtual instruction program or a virtual charter school to the
 1888  department in a manner prescribed by the department.
 1889         (b)Students enrolled in a virtual instruction program
 1890  shall be funded in the Florida Education Finance Program as
 1891  provided in the General Appropriations Act. The calculation to
 1892  determine the amount of funds for each student through the
 1893  Florida Education Finance Program shall include the sum of the
 1894  base Florida Education Finance Program pursuant to s.
 1895  1011.62(1)(s) and all categorical programs except for the
 1896  categorical programs established pursuant to ss. 1011.62(1)(f),
 1897  1011.62(7), 1011.62(13), 1011.68, 1011.685, and 1012.71.
 1898  Students residing outside of the school district reporting the
 1899  full-time equivalent virtual student shall be funded from state
 1900  funds only.
 1901         (b)For purposes of a virtual instruction program or a
 1902  virtual charter school, “full-time equivalent student” has the
 1903  same meaning as provided in s. 1011.61(1)(c)1.b.(III) or (IV).
 1904         (c)For a student enrolled in a kindergarten through grade
 1905  12 virtual instruction program, a “full-time equivalent student”
 1906  has the same meaning as provided in s. 1011.61(1)(c)1.b.(III)
 1907  and (IV).
 1908         (d)The full-time equivalent student membership calculated
 1909  under this subsection is subject to the requirements in s.
 1910  1011.61(4).
 1911         (c)(e) A Florida College System institution provider may
 1912  not report students who are served in a virtual instruction
 1913  program for funding under the Florida College System Program
 1914  Fund.
 1915         (7)(8) ASSESSMENT AND ACCOUNTABILITY.—
 1916         (a) Each approved virtual instruction program provider
 1917  contracted pursuant to under this section must:
 1918         1. Participate in the statewide assessment program under s.
 1919  1008.22 and in the state’s education performance accountability
 1920  system under s. 1008.31.
 1921         2. Receive a school grade under s. 1008.34 or a school
 1922  improvement rating under s. 1008.341, as applicable. The school
 1923  grade or school improvement rating received by each approved
 1924  virtual instruction program provider shall be based upon the
 1925  aggregated assessment scores of all students served by the
 1926  provider statewide. Each approved virtual instruction program
 1927  provider shall receive a district grade pursuant to s. 1008.34
 1928  based upon the aggregated assessment scores of all students
 1929  served by the provider statewide and a separate school grade for
 1930  each school district with which it contracts based upon the
 1931  assessment scores of all students served within the school
 1932  district. The department shall publish the school grade or
 1933  school improvement rating received by each approved virtual
 1934  instruction program provider on its Internet website. The
 1935  department shall develop an evaluation method for providers of
 1936  part-time programs which includes the percentage of students
 1937  making learning gains, the percentage of students successfully
 1938  passing any required end-of-course assessment, the percentage of
 1939  students taking Advanced Placement examinations, and the
 1940  percentage of students scoring 3 or higher on an Advanced
 1941  Placement examination.
 1942         (b) The performance of part-time students in grades 9
 1943  through 12 shall not be included for purposes of school grades
 1944  or school improvement ratings under subparagraph (a)2.; however,
 1945  their performance shall be included for school grading or school
 1946  improvement rating purposes by the district nonvirtual school
 1947  providing the student’s primary instruction.
 1948         (c) An approved virtual instruction program provider that
 1949  receives a school grade of “D” or “F” pursuant to under s.
 1950  1008.34 or a school improvement rating of “Unsatisfactory”
 1951  pursuant to under s. 1008.341 must file a school improvement
 1952  plan with the department for consultation to determine the
 1953  causes for low performance and corrective actions necessary to
 1954  improve performance to develop a plan for correction and
 1955  improvement.
 1956         (d) An approved virtual instruction program provider’s
 1957  contract is automatically must be terminated if the provider
 1958  earns two consecutive receives a school grades grade of “D” or
 1959  “F” pursuant to under s. 1008.34 after all school grade appeals
 1960  are final or earns two consecutive a school improvement ratings
 1961  rating of “Unsatisfactory” pursuant to under s. 1008.341 for 2
 1962  years during any consecutive 4-year period or has violated any
 1963  qualification requirement pursuant to subsection (2). An
 1964  approved virtual instruction program A provider that has a
 1965  contract terminated under this paragraph may not be considered
 1966  an approved virtual instruction program provider for a period of
 1967  at least 1 year after the date upon which the contract was
 1968  terminated and until the State Board of Education department
 1969  determines that the virtual instruction program provider is in
 1970  compliance with subsection (2) and has corrected each cause of
 1971  the provider’s low performance.
 1972         (10)(11) RULES.—The State Board of Education shall adopt
 1973  rules necessary to administer this section, including rules that
 1974  prescribe disclosure requirements under subsection (2), a
 1975  standard contract that meets the requirements under subsection
 1976  (4), and school district reporting requirements under subsection
 1977  (6) (7).
 1978         Section 18. Section 1002.455, Florida Statutes, is amended
 1979  to read:
 1980         1002.455 Student eligibility for K-12 virtual instruction.
 1981  All students, including home education and private school
 1982  students, are eligible to participate in any of the following
 1983  virtual instruction options:
 1984         (1) School district operated part-time or full-time
 1985  kindergarten through grade 12 virtual instruction programs
 1986  pursuant to s. 1002.45(1)(c)4. to students within the school
 1987  district under s. 1002.45(1)(b).
 1988         (2) Part-time or full-time virtual charter school
 1989  instruction authorized pursuant to s. 1002.45(1)(c)5. under s.
 1990  1002.33 to students within the school district or to students in
 1991  other school districts throughout the state pursuant to s.
 1992  1002.31; however, the school district enrolling the full-time
 1993  equivalent virtual student shall comply with the enrollment
 1994  requirements established under to s. 1002.45(1)(e)4.
 1995         (3) Virtual courses offered in the course code directory to
 1996  students within the school district or to students in other
 1997  school districts throughout the state pursuant to s. 1003.498.
 1998         (4) Florida Virtual School instructional services
 1999  authorized pursuant to under s. 1002.37.
 2000         (5)Virtual instruction provided by a school district
 2001  through a contract with an approved virtual instruction program
 2002  provider pursuant to s. 1002.45(1)(c)2. to students within the
 2003  school district or to students in other school districts
 2004  throughout the state pursuant to s. 1002.31; however the school
 2005  district enrolling the full-time equivalent virtual student
 2006  shall comply with the enrollment requirements established under
 2007  s. 1002.45(1)(e)4.
 2008         Section 19. Subsection (4) of section 1002.81, Florida
 2009  Statutes, is amended to read:
 2010         1002.81 Definitions.—Consistent with the requirements of 45
 2011  C.F.R. parts 98 and 99 and as used in this part, the term:
 2012         (4) “Direct enhancement services” means services for
 2013  families and children that are in addition to payments for the
 2014  placement of children in the school readiness program. Direct
 2015  enhancement services for families and children may include
 2016  supports for providers, parent training and involvement
 2017  activities, and strategies to meet the needs of unique
 2018  populations and local eligibility priorities. Direct enhancement
 2019  services offered by an early learning coalition shall be
 2020  consistent with the activities prescribed in s. 1002.89(4)(b) s.
 2021  1002.89(5)(b).
 2022         Section 20. Paragraphs (d), (m), and (p) of subsection (2)
 2023  and paragraph (a) of subsection (7) of section 1002.82, Florida
 2024  Statutes, are amended to read:
 2025         1002.82 Department of Education; powers and duties.—
 2026         (2) The department shall:
 2027         (d) Establish procedures for the annual biennial
 2028  calculation of the prevailing market rate and procedures for the
 2029  collection of data to support the calculation of the cost of
 2030  care pursuant to s. 1002.90 or an alternative model that has
 2031  been approved by the Administration for Children and Families
 2032  pursuant to 45 C.F.R. s. 98.45(c).
 2033         (m) Provide technical support to an early learning
 2034  coalition to facilitate the use of a standard statewide provider
 2035  contract adopted by the department to be used with each school
 2036  readiness program provider, with standardized attachments by
 2037  provider type. The department shall publish a copy of the
 2038  standard statewide provider contract on its website. The
 2039  standard statewide contract shall include, at a minimum,
 2040  contracted slots, if applicable, in accordance with the Child
 2041  Care and Development Block Grant Act of 2014, 45 C.F.R. parts 98
 2042  and 99; quality improvement strategies, if applicable; program
 2043  assessment requirements; and provisions for provider probation,
 2044  termination for cause, and emergency termination for those
 2045  actions or inactions of a provider that pose an immediate and
 2046  serious danger to the health, safety, or welfare of the
 2047  children. The standard statewide provider contract shall also
 2048  include appropriate due process procedures. During the pendency
 2049  of an appeal of a termination, the provider may not continue to
 2050  offer its services. Any provision imposed upon a provider that
 2051  is inconsistent with, or prohibited by, law is void and
 2052  unenforceable. Provisions for termination for cause must also
 2053  include failure to meet the minimum quality measures established
 2054  under paragraph (n) for a period of up to 5 years, unless the
 2055  coalition determines that the provider is essential to meeting
 2056  capacity needs based on the assessment under s. 1002.85(2)(i) s.
 2057  1002.85(2)(j) and the provider has an active improvement plan
 2058  pursuant to paragraph (n).
 2059         (p) No later than July 1, 2022, develop and adopt
 2060  requirements for the implementation of a program designed to
 2061  make available contracted slots to serve children at the
 2062  greatest risk of school failure as determined by such children
 2063  being located in an area that has been designated as a poverty
 2064  area tract according to the latest census data. The contracted
 2065  slot program may also be used to increase the availability of
 2066  child care capacity based on the assessment under s.
 2067  1002.85(2)(i) s. 1002.85(2)(j).
 2068         (7) By January 1 of each year, the department shall
 2069  annually publish on its website a report of its activities
 2070  conducted under this section. The report must include a summary
 2071  of the coalitions’ annual reports, a statewide summary, and the
 2072  following:
 2073         (a) An analysis of early learning activities throughout the
 2074  state, including the school readiness program and the Voluntary
 2075  Prekindergarten Education Program.
 2076         1. The total and average number of children served in the
 2077  school readiness program, enumerated by age, eligibility
 2078  priority category, and coalition, and the total number of
 2079  children served in the Voluntary Prekindergarten Education
 2080  Program.
 2081         2. A summary of expenditures by coalition, by fund source,
 2082  including a breakdown by coalition of the percentage of
 2083  expenditures for administrative activities, quality activities,
 2084  nondirect services, and direct services for children.
 2085         3. A description of the department’s and each coalition’s
 2086  expenditures by fund source for the quality and enhancement
 2087  activities described in s. 1002.89(4)(b) s. 1002.89(5)(b).
 2088         4. A summary of annual findings and collections related to
 2089  provider fraud and parent fraud.
 2090         5. Data regarding the coalitions’ delivery of early
 2091  learning programs.
 2092         6. The total number of children disenrolled statewide and
 2093  the reason for disenrollment.
 2094         7. The total number of providers by provider type.
 2095         8. The number of school readiness program providers who
 2096  have completed the program assessment required under paragraph
 2097  (2)(n); the number of providers who have not met the minimum
 2098  program assessment composite score for contracting established
 2099  under paragraph (2)(n); and the number of providers that have an
 2100  active improvement plan based on the results of the program
 2101  assessment under paragraph (2)(n).
 2102         9. The total number of provider contracts revoked and the
 2103  reasons for revocation.
 2104         Section 21. Subsection (17) of section 1002.84, Florida
 2105  Statutes, is amended to read:
 2106         1002.84 Early learning coalitions; school readiness powers
 2107  and duties.—Each early learning coalition shall:
 2108         (17)(a)Distribute the school readiness program funds as
 2109  allocated in the General Appropriations Act to the eligible
 2110  providers using the following methodology:
 2111         1.For each county in the early learning coalition,
 2112  multiply the cost of care by care level as provided in s.
 2113  1002.90 by the county’s district cost differential provided in
 2114  s. 1011.62(2).
 2115         2.If a county enacted a local ordinance before
 2116  January 1, 2022, that establishes the county’s staff-to-children
 2117  ratio for licensed child care facilities below the ratio
 2118  established in s. 402.305(4), multiply the provider
 2119  reimbursement rates for that county by the adjustment factor
 2120  specified in the General Appropriations Act.
 2121         3.Apply the weight established pursuant to s. 1002.90 for
 2122  each provider type to calculate the minimum provider
 2123  reimbursement rates by care level.
 2124         4.Multiply the weighted provider reimbursement rates by 22
 2125  percent to determine the amount of the school readiness
 2126  allocation an early learning coalition is eligible to retain
 2127  pursuant to s. 1002.89(4).
 2128         (b)Distribute to each eligible provider the minimum
 2129  provider reimbursement rate, by provider type and care level,
 2130  regardless of the provider’s private pay rate. All minimum
 2131  provider reimbursement rates shall be charged as direct services
 2132  pursuant to s. 1002.89.
 2133  
 2134  Each early learning coalition with approved minimum provider
 2135  reimbursement rates for the infant to age 5 care levels that are
 2136  higher than the minimum provider reimbursement rates established
 2137  in this subsection may continue to implement its approved
 2138  minimum provider reimbursement rates until the rates established
 2139  in this subsection exceed its approved rates Adopt a payment
 2140  schedule that encompasses all programs funded under this part
 2141  and part V of this chapter. The payment schedule must take into
 2142  consideration the prevailing market rate or an alternative model
 2143  that has been approved by the Administration for Children and
 2144  Families pursuant to 45 C.F.R. s. 98.45(c), include the
 2145  projected number of children to be served, and be submitted for
 2146  approval by the department. Informal child care arrangements
 2147  shall be reimbursed at not more than 50 percent of the rate
 2148  adopted for a family day care home.
 2149         Section 22. Paragraphs (c) through (j) of subsection (2) of
 2150  section 1002.85, Florida Statutes, are redesignated as
 2151  paragraphs (b) through (i), respectively, and present paragraphs
 2152  (b) and (c) of that subsection are amended to read:
 2153         1002.85 Early learning coalition plans.—
 2154         (2) Each early learning coalition must biennially submit a
 2155  school readiness program plan to the department before the
 2156  expenditure of funds. A coalition may not implement its school
 2157  readiness program plan until it receives approval from the
 2158  department. A coalition may not implement any revision to its
 2159  school readiness program plan until the coalition submits the
 2160  revised plan to and receives approval from the department. If
 2161  the department rejects a plan or revision, the coalition must
 2162  continue to operate under its previously approved plan. The plan
 2163  must include, but is not limited to:
 2164         (b)The minimum number of children to be served by care
 2165  level.
 2166         (b)(c) The coalition’s procedures for implementing the
 2167  requirements of this part, including:
 2168         1. Single point of entry.
 2169         2. Uniform waiting list.
 2170         3. Eligibility and enrollment processes and local
 2171  eligibility priorities for children pursuant to s. 1002.87.
 2172         4. Parent access and choice.
 2173         5. Sliding fee scale and policies on applying the waiver or
 2174  reduction of fees in accordance with s. 1002.84(9).
 2175         6. Use of preassessments and postassessments, as
 2176  applicable.
 2177         7.Payment rate schedule.
 2178         7.8. Use of contracted slots, as applicable, based on the
 2179  results of the assessment required under paragraph (i) (j).
 2180         Section 23. Paragraph (c) of subsection (1) of section
 2181  1002.87, Florida Statutes, is amended to read:
 2182         1002.87 School readiness program; eligibility and
 2183  enrollment.—
 2184         (1) Each early learning coalition shall give priority for
 2185  participation in the school readiness program as follows:
 2186         (c) Subsequent priority shall be given, based on the early
 2187  learning coalition’s local priorities identified under s.
 2188  1002.85(2)(i) s. 1002.85(2)(j), to children who meet the
 2189  following criteria:
 2190         1. A child from birth to the beginning of the school year
 2191  for which the child is eligible for admission to kindergarten in
 2192  a public school under s. 1003.21(1)(a)2. who is from a working
 2193  family that is economically disadvantaged, and may include such
 2194  child’s eligible siblings, beginning with the school year in
 2195  which the sibling is eligible for admission to kindergarten in a
 2196  public school under s. 1003.21(1)(a)2. until the beginning of
 2197  the school year in which the sibling is eligible to begin 6th
 2198  grade, provided that the first priority for funding an eligible
 2199  sibling is local revenues available to the coalition for funding
 2200  direct services.
 2201         2. A child of a parent who transitions from the work
 2202  program into employment as described in s. 445.032 from birth to
 2203  the beginning of the school year for which the child is eligible
 2204  for admission to kindergarten in a public school under s.
 2205  1003.21(1)(a)2.
 2206         3. An at-risk child who is at least 9 years of age but
 2207  younger than 13 years of age. An at-risk child whose sibling is
 2208  enrolled in the school readiness program within an eligibility
 2209  priority category listed in paragraphs (a) and (b) and
 2210  subparagraph 1. shall be given priority over other children who
 2211  are eligible under this paragraph.
 2212         4. A child who is younger than 13 years of age from a
 2213  working family that is economically disadvantaged.
 2214         5. A child of a parent who transitions from the work
 2215  program into employment as described in s. 445.032 who is
 2216  younger than 13 years of age.
 2217         6. A child who has special needs, has been determined
 2218  eligible as a student with a disability, has a current
 2219  individual education plan with a Florida school district, and is
 2220  not younger than 3 years of age. A special needs child eligible
 2221  under this paragraph remains eligible until the child is
 2222  eligible for admission to kindergarten in a public school under
 2223  s. 1003.21(1)(a)2.
 2224         7. A child who otherwise meets one of the eligibility
 2225  criteria in paragraphs (a) and (b) and subparagraphs 1. and 2.
 2226  but who is also enrolled concurrently in the federal Head Start
 2227  Program and the Voluntary Prekindergarten Education Program.
 2228         Section 24. Section 1002.89, Florida Statutes, is amended
 2229  to read:
 2230         1002.89 School readiness program; funding.—
 2231         (1) DETERMINATION OF EARLY LEARNING COALITION SCHOOL
 2232  READINESS PROGRAM FUNDING.—Funding for the school readiness
 2233  program shall be used by allocated among the early learning
 2234  coalitions in accordance with this part section and the General
 2235  Appropriations Act.
 2236         (a)School readiness program allocation.—If the annual
 2237  allocation for the school readiness program is not determined in
 2238  the General Appropriations Act or the substantive bill
 2239  implementing the General Appropriations Act, it shall be
 2240  determined as follows:
 2241         1.For each county in the early learning coalition, the
 2242  total school readiness eligible population, as adopted by the
 2243  Early Learning Programs Estimating Conference pursuant to s.
 2244  216.136(8), shall be multiplied by the county’s district cost
 2245  differential provided in s. 1011.62(2).
 2246         2.If a county passed a local ordinance before January 1,
 2247  2022, that establishes the county’s staff-to-children ratio for
 2248  licensed child care facilities below the ratio established in s.
 2249  402.305(4), multiply the product calculated in subparagraph 1.
 2250  by the adjustment factor specified in the General Appropriations
 2251  Act.
 2252         3.Each county’s school readiness allocation shall be based
 2253  on the county’s proportionate share of the total adjusted
 2254  eligible school readiness population.
 2255         (b)Gold Seal Quality Care Program allocation.—There is
 2256  created the Gold Seal Quality Care Program allocation to provide
 2257  eligible school readiness program providers the rate
 2258  differential established pursuant to s. 1002.945(6). Subject to
 2259  legislative appropriation, all expenditures from the Gold Seal
 2260  Quality Care Program allocation shall be used by the department
 2261  to help meet federal targeted requirements for improving quality
 2262  to the extent allowable in the state’s approved Child Care and
 2263  Development Fund Plan.
 2264         (c)Differential payment program allocation.—There is
 2265  created the differential payment program allocation to provide
 2266  eligible school readiness program providers the differential pay
 2267  established pursuant to s. 1002.82(2)(o). Subject to legislative
 2268  appropriation, all expenditures from the differential payment
 2269  program allocation shall be used by the department to help meet
 2270  federal targeted requirements for improving quality to the
 2271  extent allowable in the state’s approved Child Care and
 2272  Development Fund Plan.
 2273         (d)Special needs differential allocation.—There is created
 2274  the special needs differential allocation to assist eligible
 2275  school readiness program providers to implement the special
 2276  needs rate provisions defined in the state’s approved Child Care
 2277  and Development Fund Plan. Subject to legislative appropriation,
 2278  each early learning coalition shall be reimbursed based on
 2279  actual expenditures. All expenditures from the special needs
 2280  differential allocation shall be used by the department to help
 2281  meet federal targeted requirements for improving quality to the
 2282  extent allowable in the state’s approved plan.
 2283         (2) INSTRUCTION REQUIREMENTS.—All instructions to early
 2284  learning coalitions for administering this section shall emanate
 2285  from the department in accordance with the policies of the
 2286  Legislature.
 2287         (3)All cost savings and all revenues received through a
 2288  mandatory sliding fee scale shall be used to increase the number
 2289  of children served.
 2290         (3)(4)MATCHING FUND REQUIREMENTS.—All state, federal, and
 2291  local matching funds provided to an early learning coalition for
 2292  purposes of this section shall be used for implementation of its
 2293  approved school readiness program plan, including the hiring of
 2294  staff to effectively operate the school readiness program.
 2295         (4)(5)COST REQUIREMENTS.—Costs shall be kept to the
 2296  minimum necessary for the efficient and effective administration
 2297  of the school readiness program with the highest priority of
 2298  expenditure being direct services for eligible children.
 2299  However, no more than 5 percent of the funds allocated in
 2300  paragraph (1)(a) described in subsection (4) may be used for
 2301  administrative costs and no more than 22 percent of the funds
 2302  allocated in paragraph (1)(a) described in subsection (4) may be
 2303  used in any fiscal year for any combination of administrative
 2304  costs, quality activities, and nondirect services as follows:
 2305         (a) Administrative costs as described in 45 C.F.R. s.
 2306  98.54, which shall include monitoring providers using the
 2307  standard methodology adopted under s. 1002.82 to improve
 2308  compliance with state and federal regulations and law pursuant
 2309  to the requirements of the statewide provider contract adopted
 2310  under s. 1002.82(2)(m).
 2311         (b) Activities to improve the quality of child care as
 2312  described in 45 C.F.R. s. 98.53, which shall be limited to the
 2313  following:
 2314         1. Developing, establishing, expanding, operating, and
 2315  coordinating resource and referral programs specifically related
 2316  to the provision of comprehensive consumer education to parents
 2317  and the public to promote informed child care choices specified
 2318  in 45 C.F.R. s. 98.33.
 2319         2. Awarding grants and providing financial support to
 2320  school readiness program providers and their staff to assist
 2321  them in meeting applicable state requirements for the program
 2322  assessment required under s. 1002.82(2)(n), child care
 2323  performance standards, implementing developmentally appropriate
 2324  curricula and related classroom resources that support
 2325  curricula, providing literacy supports, and providing continued
 2326  professional development and training. Any grants awarded
 2327  pursuant to this subparagraph shall comply with ss. 215.971 and
 2328  287.058.
 2329         3. Providing training, technical assistance, and financial
 2330  support to school readiness program providers, staff, and
 2331  parents on standards, child screenings, child assessments, child
 2332  development research and best practices, developmentally
 2333  appropriate curricula, character development, teacher-child
 2334  interactions, age-appropriate discipline practices, health and
 2335  safety, nutrition, first aid, cardiopulmonary resuscitation, the
 2336  recognition of communicable diseases, and child abuse detection,
 2337  prevention, and reporting.
 2338         4. Providing, from among the funds provided for the
 2339  activities described in subparagraphs 1.-3., adequate funding
 2340  for infants and toddlers as necessary to meet federal
 2341  requirements related to expenditures for quality activities for
 2342  infant and toddler care.
 2343         5. Improving the monitoring of compliance with, and
 2344  enforcement of, applicable state and local requirements as
 2345  described in and limited by 45 C.F.R. s. 98.40.
 2346         6. Responding to Warm-Line requests by providers and
 2347  parents, including providing developmental and health screenings
 2348  to school readiness program children.
 2349         (c) Nondirect services as described in applicable Office of
 2350  Management and Budget instructions are those services not
 2351  defined as administrative, direct, or quality services that are
 2352  required to administer the school readiness program. Such
 2353  services include, but are not limited to:
 2354         1. Assisting families to complete the required application
 2355  and eligibility documentation.
 2356         2. Determining child and family eligibility.
 2357         3. Recruiting eligible child care providers.
 2358         4. Processing and tracking attendance records.
 2359         5. Developing and maintaining a statewide child care
 2360  information system.
 2361  
 2362  As used in this paragraph, the term “nondirect services” does
 2363  not include payments to school readiness program providers for
 2364  direct services provided to children who are eligible under s.
 2365  1002.87, administrative costs as described in paragraph (a), or
 2366  quality activities as described in paragraph (b).
 2367         (5)(6)LIMITATION ON THE USE OF PROGRAM FUNDS.—Funds
 2368  appropriated for the school readiness program may not be
 2369  expended for the purchase or improvement of land; for the
 2370  purchase, construction, or permanent improvement of any building
 2371  or facility; or for the purchase of buses. However, funds may be
 2372  expended for minor remodeling and upgrading of child care
 2373  facilities which is necessary for the administration of the
 2374  program and to ensure that providers meet state and local child
 2375  care standards, including applicable health and safety
 2376  requirements.
 2377         Section 25. Effective upon this act becoming a law, section
 2378  1002.895, Florida Statutes, is amended to read:
 2379         1002.895 Market rate schedule.—The school readiness program
 2380  market rate schedule shall be implemented as follows:
 2381         (1) The department shall establish procedures for the
 2382  adoption of a market rate schedule until an alternative model
 2383  that has been approved by the Administration for Children and
 2384  Families pursuant to 45 C.F.R. s. 98.45(c) is available for
 2385  adoption. The schedule must include, at a minimum, county-by
 2386  county rates:
 2387         (a) The market rate, including the minimum and the maximum
 2388  rates for child care providers that hold a Gold Seal Quality
 2389  Care designation under s. 1002.945 and adhere to its accrediting
 2390  association’s teacher-to-child ratios and group size
 2391  requirements.
 2392         (b) The market rate for child care providers that do not
 2393  hold a Gold Seal Quality Care designation.
 2394         (2) The market rate schedule, at a minimum, must
 2395  differentiate rates by provider type, including, but not limited
 2396  to:
 2397         (a) Differentiate rates by type, including, but not limited
 2398  to, a Child care providers provider that hold holds a Gold Seal
 2399  Quality Care designation under s. 1002.945 and adhere adheres to
 2400  their its accrediting association’s teacher-to-child ratios and
 2401  group size requirements., a
 2402         (b) Child care providers facility licensed under s.
 2403  402.305, a public or nonpublic school exempt from licensure
 2404  under s. 402.3025, a faith-based child care providers facility
 2405  exempt from licensure under s. 402.316 that do does not hold a
 2406  Gold Seal Quality Care designation, and a large family child
 2407  care homes home licensed under s. 402.3131 that do not hold a
 2408  Gold Seal Quality Care designation.,
 2409         (c)Public or nonpublic schools exempt from licensure under
 2410  s. 402.3025.
 2411         (d)or a Family day care homes home licensed or registered
 2412  under s. 402.313.
 2413         (e)Large family child care homes licensed under s.
 2414  402.3131.
 2415         (3)(b)The market rate schedule must differentiate rates by
 2416  the type of child care services provided for children with
 2417  special needs or risk categories, infants, toddlers, 2-year-old
 2418  children, 3-year-old children, 4-year-old children, 5-year-old
 2419  preschool-age children, and school-age children.
 2420         (4)(c)The market rate schedule must differentiate rates
 2421  between full-time and part-time child care services and consider
 2422  discounted rates for child care services for multiple children
 2423  in a single family.
 2424         (d)Consider discounted rates for child care services for
 2425  multiple children in a single family.
 2426         (5)(3) The market rate schedule must be based exclusively
 2427  on the prices charged for child care services.
 2428         (6)The department shall establish procedures to annually
 2429  collect data regarding the cost of care to include, but not be
 2430  limited to:
 2431         (a)Data from the Department of Economic Opportunity’s
 2432  Bureau of Workforce Statistics and Economic Research on the
 2433  average salary for child care personnel to include, at a
 2434  minimum, child care instructors and child care directors.
 2435         (b)Data from child care providers as part of data
 2436  collected under s. 1002.92(4) to include, at a minimum, the
 2437  average annual cost of materials and curriculum, the average
 2438  annual cost of food and maintenance costs, and the average
 2439  annual cost of any regulatory fees or operational costs per
 2440  child.
 2441         (7)The department shall provide all applicable data
 2442  collected in this section to the Early Learning Programs
 2443  Estimating Conference established pursuant to s. 216.136(8).
 2444         (4)The market rate schedule shall be considered by an
 2445  early learning coalition in the adoption of a payment schedule.
 2446  The payment schedule must take into consideration the prevailing
 2447  market rate and include the projected number of children to be
 2448  served by each county and be submitted for approval by the
 2449  department. Informal child care arrangements shall be reimbursed
 2450  at not more than 50 percent of the rate adopted for a family day
 2451  care home.
 2452         (8)(5) The department may contract with one or more
 2453  qualified entities to administer this section and provide
 2454  support and technical assistance for child care providers.
 2455         (9)(6) The department may adopt rules for establishing
 2456  procedures for the collection of child care providers’ market
 2457  rate, the calculation of the prevailing market rate by program
 2458  care level and provider type in a predetermined geographic
 2459  market, and the publication of the market rate schedule.
 2460         Section 26. Effective upon this act becoming a law, section
 2461  1002.90, Florida Statutes, is created to read:
 2462         1002.90School readiness cost-of-care information.
 2463  Annually, the principals of the Early Learning Programs
 2464  Estimating Conference established in s. 216.136(8) shall develop
 2465  official cost-of-care information based on actual school
 2466  readiness direct services program expenditures and information
 2467  provided pursuant to s. 1002.895. Conference principals shall
 2468  agree on the cost of child care by care level and provider type,
 2469  the provider type weights, and the methods of computation. The
 2470  department shall provide the conference principals with all
 2471  requested and necessary data to develop such information. The
 2472  data may include a matrix by early learning coalition of any
 2473  full-time equivalent changes made by the Division of Early
 2474  Learning as part of its administration of the school readiness
 2475  program. The Early Learning Programs Estimating Conference shall
 2476  provide the official cost-of-care information to the Legislature
 2477  at least 90 days before the scheduled annual legislative
 2478  session.
 2479         Section 27. Subsection (4) of section 1002.92, Florida
 2480  Statutes, is amended to read:
 2481         1002.92 Child care and early childhood resource and
 2482  referral.—
 2483         (4) A child care facility licensed under s. 402.305 and
 2484  licensed and registered family day care homes must provide the
 2485  statewide child care and resource and referral network with the
 2486  following information annually:
 2487         (a) Type of program.
 2488         (b) Hours of service.
 2489         (c) Ages of children served.
 2490         (d) Fees and eligibility for services.
 2491         (e)Data required under s. 1002.895.
 2492         Section 28. Paragraph (c) is added to subsection (1) of
 2493  section 1002.995, Florida Statutes, to read:
 2494         1002.995 Early learning professional development standards
 2495  and career pathways.—
 2496         (1) The department shall:
 2497         (c)Subject to the appropriation of funds by the
 2498  Legislature, provide incentives to school readiness personnel
 2499  who meet the requirements of s. 1002.88(1)(e) and
 2500  prekindergarten instructors who meet the requirements specified
 2501  in s. 1002.55, s. 1002.61, or s. 1002.63 and who possess a
 2502  reading certification or endorsement or a literacy micro
 2503  credential as specified in s. 1003.485 and teach students in the
 2504  school readiness program or the voluntary prekindergarten
 2505  education program.
 2506         Section 29. Subsections (3) through (5) of section
 2507  1003.485, Florida Statutes, are renumbered as subsections (5)
 2508  through (7), respectively, paragraphs (a) and (b) of subsection
 2509  (1), subsection (2), paragraphs (d) and (h) of present
 2510  subsection (4), and paragraph (b) of present subsection (5) are
 2511  amended, and paragraph (g) is added to subsection (1) of that
 2512  section, to read:
 2513         1003.485 The New Worlds Reading Initiative.—
 2514         (1) DEFINITIONS.—As used in this section, the term:
 2515         (a) “Administrator” means a state university registered
 2516  with the department under s. 1002.395(15)(i) and designated to
 2517  administer the initiative under paragraph (3)(a) (2)(a).
 2518         (b) “Annual tax credit amount” means, for any state fiscal
 2519  year, the sum of the amount of tax credits approved under
 2520  paragraph (5)(b) (3)(b), including tax credits to be taken under
 2521  s. 211.0252, s. 212.1833, s. 220.1876, s. 561.1212, or s.
 2522  624.51056, which are approved for taxpayers whose taxable years
 2523  begin on or after January 1 of the calendar year preceding the
 2524  start of the applicable state fiscal year.
 2525         (g)“Micro-credential” means evidence-based professional
 2526  development activities that are competency-based, personalized,
 2527  and on-demand. Educators must demonstrate their competence via
 2528  evidence submitted and reviewed by trained evaluators.
 2529         (2) NEW WORLDS READING INITIATIVE; PURPOSE ADMINISTRATION.
 2530  The purpose of the New Worlds Reading Initiative is established
 2531  under the department is to improve literacy skills and instill a
 2532  love of reading by providing high-quality, free books to
 2533  students in kindergarten through grade 5 who are reading below
 2534  grade level and to improve the literacy skills of students in
 2535  kindergarten through grade 12. The New Worlds Reading Initiative
 2536  shall consist of:
 2537         (a)The program established under this section to provide
 2538  high-quality, free books to students.
 2539         (b)The New Worlds Reading Scholarship Program under s.
 2540  1002.411.
 2541         (c)The New Worlds Scholar program under s. 1008.365, which
 2542  rewards high school students who instill a love of reading and
 2543  improve the literacy skills of students in kindergarten through
 2544  grade 3.
 2545         (d)The micro-credential program established under this
 2546  section which emphasizes strong core instruction and a tiered
 2547  model of reading interventions for struggling readers.
 2548         (3)(a)DEPARTMENT RESPONSIBILITIES.—The department shall:
 2549         (a)1. Designate an administrator to implement the
 2550  initiative and to receive funding as provided in this section.
 2551  The administrator must have an academic innovation institution
 2552  with extensive experience in:
 2553         1.a. Conducting academic research in early literacy
 2554  instruction.
 2555         2.b. Implementing online delivery of early learning and
 2556  literacy training for educators nationally.
 2557         3.c. Developing online support materials that assist
 2558  parents and caregivers in developing early literacy skills.
 2559         4.d. Conducting fundraising and public awareness campaigns
 2560  to support the development and growth of evidence-based
 2561  educational initiatives that support learning at home and in
 2562  schools.
 2563         (b)2. Publish information about the initiative and tax
 2564  credits under subsection (5) (3) on its website, including the
 2565  process for a taxpayer to select the administrator as the
 2566  recipient of funding through a tax credit.
 2567         (c)3. Beginning September 30, 2022, and annually
 2568  thereafter, report on its website the number of students
 2569  participating in the initiative in each school district,
 2570  information from the annual financial report under paragraph
 2571  (4)(i) subparagraph (b)6., and the academic achievement and
 2572  learning gains, as applicable, of participating students based
 2573  on data provided by school districts as permitted under s.
 2574  1002.22. The department shall establish a date by which the
 2575  administrator and each school district must annually provide the
 2576  data necessary to complete the report.
 2577         (4)(b)ADMINISTRATOR RESPONSIBILITIES.—The administrator
 2578  shall:
 2579         (a)1. Develop, in consultation with the Just Read, Florida!
 2580  Office under s. 1001.215, a selection of high-quality books
 2581  encompassing diverse subjects and genres for each grade level to
 2582  be mailed to students in the initiative.
 2583         (b)2. Distribute books at no cost to students as provided
 2584  in paragraph (6)(c) (4)(c) either directly or through an
 2585  agreement with a book distribution company.
 2586         (c)3. Assist local implementation of the initiative by
 2587  providing marketing materials to school districts and any
 2588  partnering nonprofit organizations to assist with public
 2589  awareness campaigns and other activities designed to increase
 2590  family engagement and instill a love of reading in students.
 2591         (d)4. Maintain a clearinghouse for information on national,
 2592  state, and local nonprofit organizations that support efforts to
 2593  improve literacy and provide books to children.
 2594         (e)5. Develop for parents of students in the initiative
 2595  resources and training materials for parents of students in the
 2596  initiative, that engage families in reading and support the
 2597  reading achievement of their students Including brief video
 2598  training modules, which engage families in reading and assist
 2599  with improving student literacy skills. The administrator shall
 2600  periodically send to parents hyperlinks to these resources and
 2601  materials, including video modules, via text message and e-mail,
 2602  tips for facilitating reading at home and hyperlinks to the
 2603  video training modules.
 2604         (f)Provide professional development and resources to
 2605  teachers that correlate with the books provided through the
 2606  initiative.
 2607         (g)Develop a micro-credential that requires teachers to
 2608  demonstrate competency to:
 2609         1.Diagnose literacy difficulties and determine the
 2610  appropriate range of literacy interventions based upon the age
 2611  and literacy deficiency of the student;
 2612         2.Use evidence-based instructional and intervention
 2613  practices, including strategies identified by the Just Read,
 2614  Florida! Office pursuant to s. 1001.215(8); and
 2615         3.Effectively use progress monitoring and intervention
 2616  materials.
 2617         (h)Administer the early literacy micro-credential program
 2618  established under this section, which must include components on
 2619  content, student learning, pedagogy, and professional
 2620  development and must build on a strong foundation of
 2621  scientifically researched and evidence-based reading
 2622  instructional and intervention programs that incorporate
 2623  explicit, systematic, and sequential approaches to teaching
 2624  phonemic awareness, phonics, vocabulary, fluency, and text
 2625  comprehension and incorporate decodable or phonetic text
 2626  instructional strategies, as identified by the Just Read,
 2627  Florida! Office, pursuant to s. 1001.215(8).
 2628         1. At a minimum, the micro-credential curriculum must be
 2629  designed specifically for instructional personnel in
 2630  prekindergarten through grade 3 based upon the strategies and
 2631  techniques identified in s. 1002.59 and address foundational
 2632  literacy skills of students in grades 4 through 12.
 2633         2.The micro-credential must be competency based and
 2634  designed for eligible instructional personnel to complete the
 2635  credentialing process in no more than 60 hours, in an online
 2636  format. The micro-credential may be delivered in an in-person
 2637  format. Eligible instructional personnel may receive the micro
 2638  credential once competency is demonstrated even if it is prior
 2639  to the completion of 60 hours.
 2640         3.The micro-credential must be available by December 31,
 2641  2022, at no cost, to instructional personnel as defined in s.
 2642  1012.01(2); prekindergarten instructors as specified in ss.
 2643  1002.55, 1002.61, and 1002.63; and child care personnel as
 2644  defined in ss. 1002.88(1)(e) and 402.302(3).
 2645         (i)6. Annually submit to the department an annual financial
 2646  report that includes, at a minimum, the amount of eligible
 2647  contributions received by the administrator; the amount spent on
 2648  each activity required by this subsection paragraph, including
 2649  administrative expenses; and the number of students and
 2650  households served under the initiative.
 2651         (j)7. Maintain separate accounts for operating funds and
 2652  funds for the purchase and delivery of books.
 2653         (k)8. Expend eligible contributions received only for the
 2654  purchase and delivery of books and to implement the requirements
 2655  of this section, as well as for administrative expenses not to
 2656  exceed 2 percent of total eligible contributions.
 2657  Notwithstanding s. 1002.395(6)(j)2., the administrator may carry
 2658  forward up to 25 percent of eligible contributions to the
 2659  following state fiscal year for purposes authorized by this
 2660  subsection. Any eligible contributions in excess of the 25
 2661  percent carry forward not used to provide additional books
 2662  throughout the year to eligible students shall revert to the
 2663  state treasury.
 2664         (l)9. Upon receipt of a contribution, provide the taxpayer
 2665  that made the contribution with a certificate of contribution. A
 2666  certificate of contribution must include the taxpayer’s name
 2667  and, if available, its federal employer identification number;
 2668  the amount contributed; the date of contribution; and the name
 2669  of the administrator.
 2670         (6)(4) ELIGIBILITY; NOTIFICATION; SCHOOL DISTRICT
 2671  OBLIGATIONS.—
 2672         (d) Upon enrollment and at the beginning of each school
 2673  year, students must be provided options for specific book topics
 2674  or genres in order to maximize student interest in reading.
 2675         (h) School districts and partnering nonprofit organizations
 2676  shall raise awareness of the initiative, including information
 2677  on eligibility and video training modules under paragraph (4)(e)
 2678  subparagraph (2)(b)5., through, at least, the following:
 2679         1. The student handbook and the read-at-home plan under s.
 2680  1008.25(5)(c).
 2681         2. A parent or curriculum night or separate initiative
 2682  awareness event at each elementary school.
 2683         3. Partnering with the county library to host awareness
 2684  events, which should coincide with other initiatives such as
 2685  library card drives, family library nights, summer access
 2686  events, and other family engagement programming.
 2687         (7)(5) ADMINISTRATION; RULES.—
 2688         (b) The Department of Revenue may adopt rules necessary to
 2689  administer this section and ss. 211.0252, 212.1833, 220.1876,
 2690  561.1212, and 624.51056, including rules establishing
 2691  application forms, procedures governing the approval of tax
 2692  credits and carryforward tax credits under subsection (5) (3),
 2693  and procedures to be followed by taxpayers when claiming
 2694  approved tax credits on their returns.
 2695         Section 30. Paragraph (b) of subsection (2) of section
 2696  1003.498, Florida Statutes, is amended to read:
 2697         1003.498 School district virtual course offerings.—
 2698         (2) School districts may offer virtual courses for students
 2699  enrolled in the school district. These courses must be
 2700  identified in the course code directory. Students may
 2701  participate in these virtual course offerings pursuant to s.
 2702  1002.455.
 2703         (b)1. Any student who is enrolled in a school district may
 2704  register and enroll in an online course offered by any other
 2705  school district in the state. The school district in which the
 2706  student completes the course shall report the student’s
 2707  completion of that course for funding pursuant to s.
 2708  1011.61(1)(c)1.b.(VI), and the home school district shall not
 2709  report the student for funding for that course.
 2710         2. The full-time equivalent student membership calculated
 2711  under this subsection is subject to the requirements in s.
 2712  1011.61(4). The Department of Education shall establish
 2713  procedures to enable interdistrict coordination for the delivery
 2714  and funding of this online option.
 2715         3.Funding for virtual courses shall be as provided in s.
 2716  1002.45(6).
 2717         Section 31. Paragraph (a) of subsection (13) of section
 2718  1003.52, Florida Statutes, is amended to read:
 2719         1003.52 Educational services in Department of Juvenile
 2720  Justice programs.—
 2721         (13)(a) Funding for Eligible students enrolled in juvenile
 2722  justice education programs shall be funded the same as students
 2723  enrolled in traditional public schools funded in provided
 2724  through the Florida Education Finance Program and as specified
 2725  provided in s. 1011.62 and the General Appropriations Act.
 2726  Funding shall include, at a minimum:
 2727         1.Weighted program funding or the basic amount for current
 2728  operation multiplied by the district cost differential as
 2729  provided in s. 1011.62(2);
 2730         2.The supplemental allocation for juvenile justice
 2731  education as provided in s. 1011.62(9);
 2732         3.A proportionate share of the district’s exceptional
 2733  student education guaranteed allocation, the supplemental
 2734  academic instruction allocation, and the instructional materials
 2735  allocation;
 2736         4.An amount equivalent to the proportionate share of the
 2737  state average potential discretionary local effort for
 2738  operations, which shall be determined as follows:
 2739         a.If the district levies the maximum discretionary local
 2740  effort and the district’s discretionary local effort per FTE is
 2741  less than the state average potential discretionary local effort
 2742  per FTE, the proportionate share shall include both the
 2743  discretionary local effort and the compression supplement per
 2744  FTE. If the district’s discretionary local effort per FTE is
 2745  greater than the state average per FTE, the proportionate share
 2746  shall be equal to the state average; or
 2747         b.If the district does not levy the maximum discretionary
 2748  local effort and the district’s actual discretionary local
 2749  effort per FTE is less than the state average potential
 2750  discretionary local effort per FTE, the proportionate share
 2751  shall be equal to the district’s actual discretionary local
 2752  effort per FTE. If the district’s actual discretionary local
 2753  effort per FTE is greater than the state average per FTE, the
 2754  proportionate share shall be equal to the state average
 2755  potential local effort per FTE; and
 2756         5.A proportionate share of the district’s proration to
 2757  funds available, if necessary.
 2758         Section 32. Paragraph (g) of subsection (2) of section
 2759  1003.621, Florida Statutes, is amended to read:
 2760         1003.621 Academically high-performing school districts.—It
 2761  is the intent of the Legislature to recognize and reward school
 2762  districts that demonstrate the ability to consistently maintain
 2763  or improve their high-performing status. The purpose of this
 2764  section is to provide high-performing school districts with
 2765  flexibility in meeting the specific requirements in statute and
 2766  rules of the State Board of Education.
 2767         (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
 2768  high-performing school district shall comply with all of the
 2769  provisions in chapters 1000-1013, and rules of the State Board
 2770  of Education which implement these provisions, pertaining to the
 2771  following:
 2772         (g) Those statutes pertaining to planning and budgeting,
 2773  including chapter 1011, except s. 1011.62(8)(e) s.
 2774  1011.62(8)(d), relating to the requirement for a comprehensive
 2775  reading plan. A district that is exempt from submitting a
 2776  comprehensive reading plan shall be deemed approved to receive
 2777  the evidence-based reading instruction allocation. Each
 2778  academically high-performing school district may provide up to 2
 2779  days of virtual instruction as part of the required 180 actual
 2780  teaching days or the equivalent on an hourly basis each school
 2781  year, as specified by rules of the State Board of Education.
 2782  Virtual instruction that is conducted in accordance with the
 2783  plan approved by the department, is teacher-developed, and is
 2784  aligned with the standards for enrolled courses complies with s.
 2785  1011.60(2). The day or days must be indicated on the calendar
 2786  approved by the school board. The district shall submit a plan
 2787  for each day of virtual instruction to the department for
 2788  approval, in a format prescribed by the department, with
 2789  assurances of alignment to statewide student standards as
 2790  described in s. 1003.41 before the start of each school year.
 2791         Section 33. Subsection (6) of section 1004.015, Florida
 2792  Statutes, is amended to read:
 2793         1004.015 Florida Talent Development Council.—
 2794         (6) The council shall coordinate, facilitate, and
 2795  communicate statewide efforts to meet supply and demand needs
 2796  for the state’s health care workforce. Annually, by beginning
 2797  December 1, 2021, the council shall report on the implementation
 2798  of this subsection and any other relevant information on the
 2799  Florida Talent Development Council’s web page located on the
 2800  Department of Economic Opportunity’s website. To support the
 2801  efforts of the council, the Board of Governors and the State
 2802  Board of Education shall:
 2803         (a)Conduct a statistically valid biennial data-driven gap
 2804  analysis of the supply and demand of the health care workforce.
 2805  Demand must align with the Labor Market Estimating Conference
 2806  created in s. 216.136.
 2807         (a)(b) Provide 10-year trend information on nursing
 2808  education programs subject to the requirements of s. 464.019.
 2809  The Department of Health, the Board of Governors, the State
 2810  Board of Education, the Commission for Independent Education,
 2811  the Independent Colleges and Universities of Florida, the
 2812  Florida Center for Nursing, and postsecondary institutions
 2813  participating in a state grant, fund, or performance-based
 2814  incentive program under s. 1009.89, s. 1009.896, or s. 1009.897
 2815  or s. 1009.891, shall provide data, by institution and program,
 2816  on:
 2817         1. The number and type of programs and student slots
 2818  available.
 2819         2. The number of student applications submitted, the number
 2820  of qualified student applicants, and the number of students
 2821  accepted, and the number of students enrolled.
 2822         3. The number of program graduates.
 2823         4. Program retention rates of students tracked from program
 2824  entry to graduation.
 2825         5. Graduate passage rates, as defined in s. 464.003, on and
 2826  the number of times each graduate took the National Council of
 2827  State Boards of Nursing Licensing Examination.
 2828         6. The number of graduates who become employed as practical
 2829  or professional nurses in the state.
 2830         7. The educational advancement of nurses through career
 2831  pathways by comparing their initial degree to the highest degree
 2832  they obtained for the preceding 10 years.
 2833         8.The outcomes of students enrolled at institutions
 2834  participating in the Linking Industry to Nursing Education
 2835  (LINE) Fund under s. 1009.896 or the Prepping Institutions,
 2836  Programs, Employers, and Learners through Incentives for Nursing
 2837  Education (PIPELINE) Fund under s. 1009.897.
 2838         9.The outcomes of graduates who have received a nursing
 2839  student loan forgiveness repayment under s. 1009.66. Such data
 2840  must include, for the previous 4 fiscal years, the number of
 2841  graduates who have received a repayment, the amount repaid on
 2842  behalf of each graduate, each graduate’s employer of record for
 2843  each repayment and the length of employment at each employer,
 2844  and the level or levels of nursing licensure earned by each
 2845  graduate.
 2846         (b)(c) Develop definitions for data elements and a uniform
 2847  a survey for use by the Department of Health, the Commission for
 2848  Independent Education, the Independent Colleges and Universities
 2849  of Florida, and postsecondary institutions participating in a
 2850  state loan forgiveness program, grant, fund, or performance
 2851  based incentive program under s. 1009.66, s. 1009.89, s.
 2852  1009.896, or s. 1009.897 or s. 1009.891, to collect data
 2853  required under paragraph (a) (b). The survey must include, but
 2854  is not limited to, a student’s age, gender, race, ethnicity,
 2855  veteran status, wage, employer information, loan debt, and
 2856  retirement expectations.
 2857         Section 34. Paragraph (b) of subsection (2), paragraphs (a)
 2858  and (b) of subsection (4), and paragraph (c) of subsection (5)
 2859  of section 1004.04, Florida Statutes, are amended to read:
 2860         1004.04 Public accountability and state approval for
 2861  teacher preparation programs.—
 2862         (2) UNIFORM CORE CURRICULA AND CANDIDATE ASSESSMENT.—
 2863         (b) The rules to establish uniform core curricula for each
 2864  state-approved teacher preparation program must include, but are
 2865  not limited to, the following:
 2866         1. Candidate instruction and assessment in the Florida
 2867  Educator Accomplished Practices across content areas.
 2868         2. The use of state-adopted content standards to guide
 2869  curricula and instruction.
 2870         3. Scientifically researched and evidence-based reading
 2871  instructional strategies that improve reading performance for
 2872  all students, including explicit, systematic, and sequential
 2873  approaches to teaching phonemic awareness, phonics, vocabulary,
 2874  fluency, and text comprehension and multisensory intervention
 2875  strategies.
 2876         4. Content literacy and mathematics practices.
 2877         5. Strategies appropriate for the instruction of English
 2878  language learners.
 2879         6. Strategies appropriate for the instruction of students
 2880  with disabilities.
 2881         7. Strategies to differentiate instruction based on student
 2882  needs.
 2883         8. Strategies and practices to support evidence-based
 2884  content aligned to state standards and grading practices The use
 2885  of character-based classroom management.
 2886         9. Strategies appropriate for the early identification of a
 2887  student in crisis or experiencing a mental health challenge and
 2888  the referral of such student to a mental health professional for
 2889  support.
 2890         10. Strategies to support the use of technology in
 2891  education and distance learning.
 2892         (4) CONTINUED PROGRAM APPROVAL.—Continued approval of a
 2893  teacher preparation program shall be based upon evidence that
 2894  the program continues to implement the requirements for initial
 2895  approval and upon significant, objective, and quantifiable
 2896  measures of the program and the performance of the program
 2897  completers.
 2898         (a) The criteria for continued approval must include each
 2899  of the following:
 2900         1. Candidate readiness based on passage rates on educator
 2901  certification examinations under s. 1012.56, as applicable
 2902  Documentation from the program that each program candidate met
 2903  the admission requirements provided in subsection (3).
 2904         2.Documentation from the program that the program and each
 2905  program completer have met the requirements provided in
 2906  subsection (2).
 2907         2.3. Evidence of performance in each of the following
 2908  areas:
 2909         a.Placement rate of program completers into instructional
 2910  positions in Florida public schools and private schools, if
 2911  available.
 2912         b.Rate of retention for employed program completers in
 2913  instructional positions in Florida public schools.
 2914         a.c. Performance of students in prekindergarten through
 2915  grade 12 who are assigned to in-field program completers on
 2916  statewide assessments using the results of the student learning
 2917  growth formula adopted under s. 1012.34.
 2918         d.Performance of students in prekindergarten through grade
 2919  12 who are assigned to in-field program completers aggregated by
 2920  student subgroup, as defined in the federal Elementary and
 2921  Secondary Education Act (ESEA), 20 U.S.C. s.
 2922  6311(b)(2)(C)(v)(II), as a measure of how well the program
 2923  prepares teachers to work with a diverse population of students
 2924  in a variety of settings in Florida public schools.
 2925         b.e. Results of program completers’ annual evaluations in
 2926  accordance with the timeline as set forth in s. 1012.34.
 2927         c.f.Workforce contributions, including placement of
 2928  program completers in instructional positions in Florida public
 2929  and private schools, with additional weight given to production
 2930  of program completers in statewide critical teacher shortage
 2931  areas as identified in s. 1012.07.
 2932         3.4. Results of the program completers’ survey measuring
 2933  their satisfaction with preparation for the realities of the
 2934  classroom.
 2935         4.5. Results of the employers’ survey measuring
 2936  satisfaction with the program and the program’s responsiveness
 2937  to local school districts.
 2938         (b) The State Board of Education shall adopt rules for
 2939  continued approval of teacher preparation programs which include
 2940  the program review process, the continued approval timelines,
 2941  and the performance level targets for each of the continued
 2942  approval criteria in paragraph (a). Additional criteria may be
 2943  approved by the State Board of Education. The Commissioner of
 2944  Education shall determine the continued approval of each program
 2945  based on the data collected pursuant to this section and the
 2946  rules of the State Board of Education, which may include
 2947  weighted criteria and may authorize continued program approval
 2948  based on a review conducted by a nationally recognized
 2949  accrediting entity. The rules must establish criteria, based on
 2950  program size, for determining whether a program review is
 2951  necessary, whether program quality should be aggregated and
 2952  measured at the provider or institution level, and whether
 2953  program reviews may be validly conducted on a remote basis.
 2954         (5) PRESERVICE FIELD EXPERIENCE.—All postsecondary
 2955  instructors, school district personnel and instructional
 2956  personnel, and school sites preparing instructional personnel
 2957  through preservice field experience courses and internships
 2958  shall meet special requirements. District school boards may pay
 2959  student teachers during their internships.
 2960         (c) Preservice field experience must fully prepare a
 2961  candidate to manage a classroom by requiring the candidate to
 2962  practice and demonstrate the uniform core curricula specific to
 2963  the candidate’s area or areas of program concentration with a
 2964  diverse population of students in a variety of challenging
 2965  environments, including, but not limited to, high-poverty
 2966  schools, urban schools, and rural schools. Beginning with
 2967  candidates entering a program in the 2023-2024 school year, a
 2968  minimum of 60 hours of preservice The length of structured field
 2969  experience must be completed before the culminating field
 2970  experience, which must include a minimum of 12 weeks of student
 2971  teaching experiences may be extended to ensure that candidates
 2972  achieve the competencies needed to meet certification
 2973  requirements.
 2974         Section 35. Section 1004.6496, Florida Statutes, is created
 2975  to read:
 2976         1004.6496Hamilton Center for Classical and Civic
 2977  Education.—
 2978         (1)The Board of Trustees of the University of Florida may
 2979  use funds as provided in the General Appropriations Act to
 2980  establish the Hamilton Center for Classical and Civic Education
 2981  as an academic unit within the University of Florida. The
 2982  purpose of the center is to support teaching and research
 2983  concerning the ideas, traditions, and texts that form the
 2984  foundations of western and American civilization.
 2985         (2)The goals of the center are to:
 2986         (a)Educate university students in core texts and great
 2987  debates of Western civilization.
 2988         (b)Educate university students in the principles, ideals,
 2989  and institutions of the American political order.
 2990         (c)Educate university students in the foundations of
 2991  responsible leadership and informed citizenship.
 2992         (d)Provide programming and training related to civic
 2993  education and the values of open inquiry and civil discourse to
 2994  support the K-20 system.
 2995         (e)Coordinate with the Florida Institute of Politics
 2996  created pursuant to s. 1004.6499 and The Adam Smith Center for
 2997  the Study of Economic Freedom created pursuant to s. 1004.64991
 2998  and assist in the curation and implementation of Portraits in
 2999  Patriotism created pursuant to s. 1003.44.
 3000         Section 36. Paragraph (a) of subsection (3) and subsections
 3001  (4), (5), and (8) of section 1004.85, Florida Statutes, are
 3002  amended to read:
 3003         1004.85 Postsecondary educator preparation institutes.—
 3004         (3) Educator preparation institutes approved pursuant to
 3005  this section may offer competency-based certification programs
 3006  specifically designed for noneducation major baccalaureate
 3007  degree holders to enable program participants to meet the
 3008  educator certification requirements of s. 1012.56. An educator
 3009  preparation institute choosing to offer a competency-based
 3010  certification program pursuant to the provisions of this section
 3011  must implement a program previously approved by the Department
 3012  of Education for this purpose or a program developed by the
 3013  institute and approved by the department for this purpose.
 3014  Approved programs shall be available for use by other approved
 3015  educator preparation institutes.
 3016         (a) Within 90 days after receipt of a request for approval,
 3017  the Department of Education shall approve a preparation program
 3018  pursuant to the requirements of this subsection or issue a
 3019  statement of the deficiencies in the request for approval. The
 3020  department shall approve a certification program if the
 3021  institute provides evidence of the institute’s capacity to
 3022  implement a competency-based program that includes each of the
 3023  following:
 3024         1.a. Participant instruction and assessment in the Florida
 3025  Educator Accomplished Practices across content areas.
 3026         b. The use of state-adopted student content standards to
 3027  guide curriculum and instruction.
 3028         c. Scientifically researched and evidence-based reading
 3029  instructional strategies that improve reading performance for
 3030  all students, including explicit, systematic, and sequential
 3031  approaches to teaching phonemic awareness, phonics, vocabulary,
 3032  fluency, and text comprehension and multisensory intervention
 3033  strategies.
 3034         d. Content literacy and mathematical practices.
 3035         e. Strategies appropriate for instruction of English
 3036  language learners.
 3037         f. Strategies appropriate for instruction of students with
 3038  disabilities.
 3039         g. Strategies to differentiate instruction based on student
 3040  needs.
 3041         h. Strategies and practices to support evidence-based
 3042  content aligned to state standards and grading practices The use
 3043  of character-based classroom management.
 3044         i. Strategies appropriate for the early identification of a
 3045  student in crisis or experiencing a mental health challenge and
 3046  the referral of such student to a mental health professional for
 3047  support.
 3048         j. Strategies to support the use of technology in education
 3049  and distance learning.
 3050         2. An educational plan for each participant to meet
 3051  certification requirements and demonstrate his or her ability to
 3052  teach the subject area for which the participant is seeking
 3053  certification, which is based on an assessment of his or her
 3054  competency in the areas listed in subparagraph 1.
 3055         3. Field experiences appropriate to the certification
 3056  subject area specified in the educational plan with a diverse
 3057  population of students in a variety of challenging environments,
 3058  including, but not limited to, high-poverty schools, urban
 3059  schools, and rural schools, under the supervision of qualified
 3060  educators. The state board shall determine in rule the amount of
 3061  field experience necessary to serve as the teacher of record,
 3062  beginning with candidates entering a program in the 2023-2024
 3063  school year.
 3064         4. A certification ombudsman to facilitate the process and
 3065  procedures required for participants who complete the program to
 3066  meet any requirements related to the background screening
 3067  pursuant to s. 1012.32 and educator professional or temporary
 3068  certification pursuant to s. 1012.56.
 3069         (4) Continued approval of each program approved pursuant to
 3070  this section shall be determined by the Commissioner of
 3071  Education based upon a periodic review of the following areas:
 3072         (a) Candidate readiness based on passage rates on educator
 3073  certification examinations under s. 1012.56, as applicable
 3074  Documentation from the program that each program completer has
 3075  met the requirements of paragraphs (3)(a)-(c).
 3076         (b) Evidence of performance in each of the following areas:
 3077         1.Placement rate of program completers into instructional
 3078  positions in Florida public schools and private schools, if
 3079  available.
 3080         2.Rate of retention for employed program completers in
 3081  instructional positions in Florida public schools.
 3082         1.3. Performance of students in prekindergarten through
 3083  grade 12 who are assigned to in-field program completers on
 3084  statewide assessments using the results of the student learning
 3085  growth formula adopted under s. 1012.34.
 3086         4.Performance of students in prekindergarten through grade
 3087  12 who are assigned to in-field program completers aggregated by
 3088  student subgroups, as defined in the federal Elementary and
 3089  Secondary Education Act (ESEA), 20 U.S.C. s.
 3090  6311(b)(2)(C)(v)(II), as a measure of how well the program
 3091  prepares teachers to work with a diverse population of students
 3092  in a variety of settings in Florida public schools.
 3093         2.5. Results of program completers’ annual evaluations in
 3094  accordance with the timeline as set forth in s. 1012.34.
 3095         3.6.Workforce contributions, including placement of
 3096  program completers in instructional positions in Florida public
 3097  and private schools, with additional weight given to production
 3098  of program completers in statewide critical teacher shortage
 3099  areas as identified in s. 1012.07.
 3100         (5) Each institute approved pursuant to this section shall
 3101  submit to the Department of Education annual performance
 3102  evaluations that measure the effectiveness of the programs,
 3103  including the pass rates of participants on all examinations
 3104  required for teacher certification, employment rates,
 3105  longitudinal retention rates, and satisfaction surveys of
 3106  employers and program completers candidates. The satisfaction
 3107  surveys must be designed to measure the sufficient preparation
 3108  of the educator for the realities of the classroom and the
 3109  institute’s responsiveness to local school districts. These
 3110  evaluations shall be used by the Department of Education for
 3111  purposes of continued approval of an educator preparation
 3112  institute’s certification program.
 3113         (8) The State Board of Education shall may adopt rules
 3114  pursuant to ss. 120.536(1) and 120.54 to implement the
 3115  provisions of this section, which may include weighted criteria
 3116  and may authorize continued program approval based on a review
 3117  conducted by a nationally recognized accrediting entity. The
 3118  rules must establish criteria, based on program size, for
 3119  determining whether a program review is necessary, whether
 3120  program quality should be aggregated and measured at the
 3121  provider or institution level, and whether program reviews may
 3122  be validly conducted on a remote basis including performance
 3123  targets for the measures used for continued program approval
 3124  described in subsection (4).
 3125         Section 37. Section 1006.12, Florida Statutes, is amended
 3126  to read:
 3127         1006.12 Safe-school officers at each public school.—For the
 3128  protection and safety of school personnel, property, students,
 3129  and visitors, each district school board and school district
 3130  superintendent shall partner with law enforcement agencies or
 3131  security agencies to establish or assign one or more safe-school
 3132  officers at each school facility within the district, including
 3133  charter schools. A district school board must collaborate with
 3134  charter school governing boards to facilitate charter school
 3135  access to all safe-school officer options available under this
 3136  section. The school district may implement any combination of
 3137  the options in subsections (1)-(4) to best meet the needs of the
 3138  school district and charter schools.
 3139         (1) SCHOOL RESOURCE OFFICER.—A school district may
 3140  establish school resource officer programs through a cooperative
 3141  agreement with law enforcement agencies.
 3142         (a) School resource officers shall undergo criminal
 3143  background checks, drug testing, and a psychological evaluation
 3144  and be certified law enforcement officers, as defined in s.
 3145  943.10(1), who are employed by a law enforcement agency as
 3146  defined in s. 943.10(4). The powers and duties of a law
 3147  enforcement officer shall continue throughout the employee’s
 3148  tenure as a school resource officer.
 3149         (b) School resource officers shall abide by district school
 3150  board policies and shall consult with and coordinate activities
 3151  through the school principal, but shall be responsible to the
 3152  law enforcement agency in all matters relating to employment,
 3153  subject to agreements between a district school board and a law
 3154  enforcement agency. Activities conducted by the school resource
 3155  officer which are part of the regular instructional program of
 3156  the school shall be under the direction of the school principal.
 3157         (c) Complete mental health crisis intervention training
 3158  using a curriculum developed by a national organization with
 3159  expertise in mental health crisis intervention. The training
 3160  shall improve officers’ knowledge and skills as first responders
 3161  to incidents involving students with emotional disturbance or
 3162  mental illness, including de-escalation skills to ensure student
 3163  and officer safety.
 3164         (2) SCHOOL SAFETY OFFICER.—A school district may commission
 3165  one or more school safety officers for the protection and safety
 3166  of school personnel, property, and students within the school
 3167  district. The district school superintendent may recommend, and
 3168  the district school board may appoint, one or more school safety
 3169  officers.
 3170         (a) School safety officers shall undergo criminal
 3171  background checks, drug testing, and a psychological evaluation
 3172  and be law enforcement officers, as defined in s. 943.10(1),
 3173  certified under the provisions of chapter 943 and employed by
 3174  either a law enforcement agency or by the district school board.
 3175  If the officer is employed by the district school board, the
 3176  district school board is the employing agency for purposes of
 3177  chapter 943, and must comply with the provisions of that
 3178  chapter.
 3179         (b) A school safety officer has and shall exercise the
 3180  power to make arrests for violations of law on district school
 3181  board property and to arrest persons, whether on or off such
 3182  property, who violate any law on such property under the same
 3183  conditions that deputy sheriffs are authorized to make arrests.
 3184  A school safety officer has the authority to carry weapons when
 3185  performing his or her official duties.
 3186         (c) School safety officers must complete mental health
 3187  crisis intervention training using a curriculum developed by a
 3188  national organization with expertise in mental health crisis
 3189  intervention. The training shall improve officers’ knowledge and
 3190  skills as first responders to incidents involving students with
 3191  emotional disturbance or mental illness, including de-escalation
 3192  skills to ensure student and officer safety.
 3193         (d) A district school board may enter into mutual aid
 3194  agreements with one or more law enforcement agencies as provided
 3195  in chapter 23. A school safety officer’s salary may be paid
 3196  jointly by the district school board and the law enforcement
 3197  agency, as mutually agreed to.
 3198         (3) SCHOOL GUARDIAN.—At the school district’s or the
 3199  charter school governing board’s discretion, as applicable,
 3200  pursuant to s. 30.15, a school district or charter school
 3201  governing board may participate in the Coach Aaron Feis Guardian
 3202  Program to meet the requirement of establishing a safe-school
 3203  officer. The following individuals may serve as a school
 3204  guardian, in support of school-sanctioned activities for
 3205  purposes of s. 790.115, upon satisfactory completion of the
 3206  requirements under s. 30.15(1)(k) and certification by a
 3207  sheriff:
 3208         (a) A school district employee or personnel, as defined
 3209  under s. 1012.01, or a charter school employee, as provided
 3210  under s. 1002.33(12)(a), who volunteers to serve as a school
 3211  guardian in addition to his or her official job duties; or
 3212         (b) An employee of a school district or a charter school
 3213  who is hired for the specific purpose of serving as a school
 3214  guardian.
 3215         (4) SCHOOL SECURITY GUARD.—A school district or charter
 3216  school governing board may contract with a security agency as
 3217  defined in s. 493.6101(18) to employ as a school security guard
 3218  an individual who holds a Class “D” and Class “G” license
 3219  pursuant to chapter 493, provided the following training and
 3220  contractual conditions are met:
 3221         (a) An individual who serves as a school security guard,
 3222  for purposes of satisfying the requirements of this section,
 3223  must:
 3224         1. Demonstrate completion of 144 hours of required training
 3225  pursuant to s. 30.15(1)(k)2.
 3226         2. Pass a psychological evaluation administered by a
 3227  psychologist licensed under chapter 490 and designated by the
 3228  Department of Law Enforcement and submit the results of the
 3229  evaluation to the sheriff’s office, school district, or charter
 3230  school governing board, as applicable. The Department of Law
 3231  Enforcement is authorized to provide the sheriff’s office,
 3232  school district, or charter school governing board with mental
 3233  health and substance abuse data for compliance with this
 3234  paragraph.
 3235         3. Submit to and pass an initial drug test and subsequent
 3236  random drug tests in accordance with the requirements of s.
 3237  112.0455 and the sheriff’s office, school district, or charter
 3238  school governing board, as applicable.
 3239         4. Successfully complete ongoing training, weapon
 3240  inspection, and firearm qualification on at least an annual
 3241  basis and provide documentation to the sheriff’s office, school
 3242  district, or charter school governing board, as applicable.
 3243         (b) The contract between a security agency and a school
 3244  district or a charter school governing board regarding
 3245  requirements applicable to school security guards serving in the
 3246  capacity of a safe-school officer for purposes of satisfying the
 3247  requirements of this section shall define the entity or entities
 3248  responsible for training and the responsibilities for
 3249  maintaining records relating to training, inspection, and
 3250  firearm qualification.
 3251         (c) School security guards serving in the capacity of a
 3252  safe-school officer pursuant to this subsection are in support
 3253  of school-sanctioned activities for purposes of s. 790.115, and
 3254  must aid in the prevention or abatement of active assailant
 3255  incidents on school premises.
 3256         (5) NOTIFICATION.—The school district shall notify the
 3257  county sheriff and the Office of Safe Schools immediately after,
 3258  but no later than 72 hours after:
 3259         (a) A safe-school officer is dismissed for misconduct or is
 3260  otherwise disciplined.
 3261         (b) A safe-school officer discharges his or her firearm in
 3262  the exercise of the safe-school officer’s duties, other than for
 3263  training purposes.
 3264         (6) EXEMPTION.—Any information that would identify whether
 3265  a particular individual has been appointed as a safe-school
 3266  officer pursuant to this section held by a law enforcement
 3267  agency, school district, or charter school is exempt from s.
 3268  119.07(1) and s. 24(a), Art. I of the State Constitution. This
 3269  subsection is subject to the Open Government Sunset Review Act
 3270  in accordance with s. 119.15 and shall stand repealed on October
 3271  2, 2023, unless reviewed and saved from repeal through
 3272  reenactment by the Legislature.
 3273  
 3274  If a district school board, through its adopted policies,
 3275  procedures, or actions, denies a charter school access to any
 3276  safe-school officer options pursuant to this section, the school
 3277  district must assign a school resource officer or school safety
 3278  officer to the charter school. Under such circumstances, the
 3279  charter school’s share of the costs of the school resource
 3280  officer or school safety officer may not exceed the safe school
 3281  allocation funds provided to the charter school pursuant to s.
 3282  1011.62(12) s. 1011.62(13) and shall be retained by the school
 3283  district.
 3284         Section 38. Subsection (1) of section 1006.22, Florida
 3285  Statutes, is amended to read:
 3286         1006.22 Safety and health of students being transported.
 3287  Maximum regard for safety and adequate protection of health are
 3288  primary requirements that must be observed by district school
 3289  boards in routing buses, appointing drivers, and providing and
 3290  operating equipment, in accordance with all requirements of law
 3291  and rules of the State Board of Education in providing
 3292  transportation pursuant to s. 1006.21:
 3293         (1)(a) District school boards shall use school buses, as
 3294  defined in s. 1006.25, for all regular transportation. Regular
 3295  transportation or regular use means transportation of students
 3296  to and from school or school-related activities that are part of
 3297  a scheduled series or sequence of events to the same location.
 3298  “Students” means, for the purposes of this section, students
 3299  enrolled in the public schools in prekindergarten disability
 3300  programs and in kindergarten through grade 12. District school
 3301  boards may regularly use motor vehicles other than school buses
 3302  only under the following conditions:
 3303         1. When the transportation is for physically handicapped or
 3304  isolated students and the district school board has elected to
 3305  provide for the transportation of the student through written or
 3306  oral contracts or agreements.
 3307         2. When the transportation is a part of a comprehensive
 3308  contract for a specialized educational program between a
 3309  district school board and a service provider who provides
 3310  instruction, transportation, and other services.
 3311         3. When the transportation is provided through a public
 3312  transit system.
 3313         4. When the transportation is for trips to and from school
 3314  sites or agricultural education sites or for trips to and from
 3315  agricultural education-related events or competitions, but is
 3316  not for customary transportation between a student’s residence
 3317  and such sites.
 3318         5. When the transportation is for trips to and from school
 3319  sites to allow students to participate in a career education
 3320  program that is not offered at the high school in which such
 3321  students are enrolled but is not for customary transportation
 3322  between a student’s residence and such sites.
 3323         (b) When the transportation of students is provided, as
 3324  authorized in this subsection, in a vehicle other than a school
 3325  bus that is owned, operated, rented, contracted, or leased by a
 3326  school district or charter school, the following provisions
 3327  shall apply:
 3328         1. The vehicle must be a passenger car or multipurpose
 3329  passenger vehicle or truck, as defined in 49 C.F.R. part 571,
 3330  designed to transport fewer than 10 students or be a
 3331  multifunction school activity bus, as defined in 49 CFR s.
 3332  571.3, if it is designed to transport more than 10 persons.
 3333  Students must be transported in designated seating positions and
 3334  must use the occupant crash protection system provided by the
 3335  manufacturer unless the student’s physical condition prohibits
 3336  such use.
 3337         2. An authorized vehicle may not be driven by a student on
 3338  a public right-of-way. An authorized vehicle may be driven by a
 3339  student on school or private property as part of the student’s
 3340  educational curriculum if no other student is in the vehicle.
 3341         3. The driver of an authorized vehicle transporting
 3342  students must maintain a valid driver license and must comply
 3343  with the requirements of the school district’s locally adopted
 3344  safe driver plan, which includes review of driving records for
 3345  disqualifying violations.
 3346         4. The district school board or charter school must adopt a
 3347  policy that addresses procedures and liability for trips under
 3348  this paragraph, including a provision that school buses are to
 3349  be used whenever practical and specifying consequences for
 3350  violation of the policy.
 3351         Section 39. Subsection (3) is added to section 1006.27,
 3352  Florida Statutes, to read:
 3353         1006.27 Pooling of school buses and related purchases by
 3354  district school boards; transportation services contracts.—
 3355         (3)The Driving Choice Grant Program is created within the
 3356  department to improve access to reliable and safe transportation
 3357  for students participating in public educational school choices
 3358  pursuant to s. 1002.20(6)(a) and to support innovative solutions
 3359  that increase the efficiency of public school transportation.
 3360         (a)Grant proposals may include:
 3361         1.Transportation resource planning and sharing among
 3362  school districts and local governments.
 3363         2.Developing or contracting with rideshare programs or
 3364  developing carpool strategies.
 3365         3.Developing options to reduce costs and increase
 3366  efficiencies while improving access to transportation options
 3367  for families.
 3368         4.Developing options to address personnel challenges.
 3369         5.Expanding the use of transportation funds under ss.
 3370  1002.394, 1002.395, and 1011.68 to help cover the cost of
 3371  transporting students to and from school.
 3372         (b)The department shall publish on its website, by
 3373  December 31, 2023, an interim report and by December 31, 2024, a
 3374  final report that includes:
 3375         1.The best practices used by grant recipients to increase
 3376  transportation options for students, including any
 3377  transportation barriers addressed by grant recipients.
 3378         2.The number of students served by grant recipients,
 3379  including the number of students transported to a school that is
 3380  different from the school to which the student is assigned.
 3381         Section 40. Subsections (4) through (6) of section 1006.73,
 3382  Florida Statutes, are renumbered as subsections (5) through (7),
 3383  respectively, subsection (1) and present subsection (4) are
 3384  amended, and a new subsection (4) is added to that section, to
 3385  read:
 3386         1006.73 Florida Postsecondary Academic Library Network.—
 3387         (1) PURPOSE.—The Board of Governors and the Department of
 3388  Education will jointly oversee the host entity in accordance
 3389  with subsection (6) (5) that will deliver the following services
 3390  to public postsecondary education institutions in this state,
 3391  which, for the purposes of this section, means all Florida
 3392  College System and State University System institutions:
 3393         (a) Provide information regarding and access to distance
 3394  learning courses and degree programs offered by public
 3395  postsecondary education institutions within the state.
 3396         (b) Coordinate with the Florida College System and the
 3397  State University System to identify and provide online academic
 3398  support services and resources when the multi-institutional
 3399  provision of such services and resources is more cost-effective
 3400  or operationally effective.
 3401         (c) Administer a single library automation system and
 3402  associated resources and services that all public postsecondary
 3403  institutions shall use to support learning, teaching, and
 3404  research needs and develop automated library management tools
 3405  that shall include, but are not limited to, the following
 3406  services and functions:
 3407         1. A shared Internet-based catalog and discovery tool that
 3408  allows a user to search and, if authorized, access the aggregate
 3409  library holdings of the state’s public postsecondary education
 3410  institutions. The catalog and discovery tool shall allow a user
 3411  to search the library holdings of one institution, selected
 3412  institutions, or all institutions and, to the extent feasible,
 3413  shall include an interlibrary loan function that ensures an
 3414  authorized user can access the required library holding.
 3415         2. An Internet-based searchable collection of electronic
 3416  resources which shall include, but not be limited to, full-text
 3417  journals, articles, databases, and electronic books licensed
 3418  pursuant to paragraph (d).
 3419         3. An integrated library management system and its
 3420  associated services that all public postsecondary education
 3421  institution academic libraries shall use for purposes of
 3422  acquiring, cataloging, circulating, and tracking library
 3423  material.
 3424         4. A statewide searchable database that includes an
 3425  inventory of digital archives and collections held by public
 3426  postsecondary education institutions.
 3427         (d) In collaboration with library staff from Florida
 3428  College System institutions and state universities, coordinate
 3429  the negotiation of statewide licensing of electronic library
 3430  resources and preferred pricing agreements, issue purchase
 3431  orders, and enter into contracts for the acquisition of library
 3432  support services, electronic resources, and other goods and
 3433  services necessary to carry out its duties under this section.
 3434         (e) Promote and provide recommendations concerning the use
 3435  and distribution of low-cost, no-cost, or open-access textbooks
 3436  and education resources and innovative pricing techniques that
 3437  comply with all applicable laws, in regards to copyrighted
 3438  material and statewide accessibility measures, as a method for
 3439  reducing costs.
 3440         (f)Provide support for the adoption, adaptation, and
 3441  creation of open educational resources by faculty members from
 3442  Florida College System institutions and state universities.
 3443         (g)(f) Provide appropriate help desk support, training, and
 3444  consultation services to institutions and students.
 3445         (4)FLORIDA STUDENT OPEN ACCESS RESOURCES.—There is
 3446  established a statewide initiative to increase the amount of
 3447  open access resources available to postsecondary students in the
 3448  state through the development of the Student Open Access
 3449  Resources Repository, a statewide, Internet-based, searchable
 3450  database of open education resources curated by the faculty of
 3451  Florida College System institutions and state universities, and
 3452  the establishment of the Student Open Access Resource Grant
 3453  Program.
 3454         (a)For purposes of this section, the term “open
 3455  educational resources” means high-quality teaching, learning,
 3456  and research resources that reside in the public domain or have
 3457  been released under an intellectual property license that
 3458  permits the free use and repurposing of such resources by
 3459  others. The term may include other resources that are legally
 3460  available and free of cost to students. Open educational
 3461  resources include, but are not limited to, full courses, course
 3462  materials, modules, textbooks, faculty-created content,
 3463  streaming videos, exams, software, and other tools, materials,
 3464  or techniques used to support access to knowledge.
 3465         (b)The chancellors of the State University System and the
 3466  Florida College System shall collaborate and take the lead in
 3467  identifying and developing processes to coordinate and support
 3468  the adaptation or development of open educational resources by
 3469  teams of faculty, librarians, and instructional designers within
 3470  a Florida College System institution or state university, or
 3471  across multiple institutions and universities. Such processes
 3472  shall include, but not be limited to, ensuring quality and
 3473  accuracy of content, suitability for publication, and compliance
 3474  with federal and state copyright laws and regulations. Pursuant
 3475  to the processes developed by the chancellors, the Florida
 3476  Postsecondary Academic Library Network shall:
 3477         1.Serve as the lead agency.
 3478         2.Facilitate interinstitutional collaborations.
 3479         3.Host approved digital assets and on-demand printing
 3480  capabilities.
 3481         4.Ensure compliance with federal and state laws and
 3482  regulations relating to accessibility, copyright, student data
 3483  privacy and security, and quality assurance.
 3484         5.Provide training for resource and professional
 3485  development.
 3486         6.Administer the grant program under paragraph (d).
 3487         (c)Resources available in the Student Open Access
 3488  Resources Repository shall:
 3489         1.Comply with the processes developed by the chancellors
 3490  of the State University System and Florida College System
 3491  pursuant to paragraph (b).
 3492         2.Be based upon the statewide course numbering system as
 3493  specified in s. 1007.01.
 3494         3.Accelerate textbook affordability pursuant to s.
 3495  1004.085.
 3496         (d)The Student Open Access Resource Grant Program is
 3497  created to provide funding for public institutions of higher
 3498  education, faculty, and staff to create and expand the use of
 3499  open educational resources.
 3500         1.A Florida College System institution or state university
 3501  may apply to the Florida Postsecondary Academic Library Network
 3502  for a grant under the program to support the development and
 3503  curation of open educational resources and for migrating
 3504  existing content to the Student Open Access Resource Repository.
 3505         2.Subject to appropriation by the Legislature, the Florida
 3506  Postsecondary Academic Library Network may award grants to
 3507  Florida College System institutions and state universities that
 3508  apply for grants pursuant to this section. The Florida Academic
 3509  Library Network shall prioritize courses with high student
 3510  enrollment, courses with high textbook or materials costs, and
 3511  courses identified as general education core courses pursuant to
 3512  s. 1007.25 when establishing award criteria.
 3513         3.Florida College System institutions and state
 3514  universities receiving grant funds shall agree to openly license
 3515  and share, under the broadest possible license, any open
 3516  educational resources developed or adapted using the grant and
 3517  post such resources to the Student Open Access Resources
 3518  Repository.
 3519         4.By fiscal year 2023-2024, grant funds provided to the
 3520  Florida Postsecondary Academic Library Network host entity shall
 3521  be awarded to Florida College System institutions and state
 3522  universities.
 3523         (e)Each Florida College System institution and state
 3524  university shall post prominently in its course registration
 3525  system and on its website, as early as is feasible, but at least
 3526  45 days before the first day of class for each term, courses
 3527  that utilize open educational resources and have zero textbook
 3528  costs as indicated by an icon next to each eligible course. A
 3529  Zero Textbook Cost Indicator developed by the Florida
 3530  Postsecondary Academic Library Network may be used for this
 3531  purpose.
 3532         (5)(4) REPORTING.—
 3533         (a) Beginning December 31, 2021, and each year thereafter,
 3534  the host entity shall submit a report to the Chancellors of the
 3535  State University System and the Florida College System regarding
 3536  the implementation and operation of all components described in
 3537  this section, including, but not limited to, all of the
 3538  following:,
 3539         1. Usage information collected under paragraph (2)(c).,
 3540         2. Information and associated costs relating to the
 3541  services and functions of the program., and
 3542         3. The implementation and operation of the automated
 3543  library services.
 3544         4.The number and value of grants awarded under paragraph
 3545  (4)(d) and the distribution of those funds.
 3546         5.The number and types of courses placed in the Student
 3547  Open Access Resources Repository.
 3548         6.Information on the utilization of the Student Open
 3549  Access Resources Repository and utilization of open educational
 3550  resources in course sections, by Florida College System
 3551  institution and state university.
 3552         (b) The Chancellors will provide an annual report on the
 3553  performance of the host entity in delivering the services and
 3554  any recommendations for changes needed to this section to the
 3555  Governor, the President of the Senate, the Speaker of the House
 3556  of Representatives, the Board of Governors, and the State Board
 3557  of Education. The Board of Governors and the Department of
 3558  Education shall include any necessary funding increases in their
 3559  annual legislative budget requests.
 3560         Section 41. Subsections (17) and (24) of section 1007.271,
 3561  Florida Statutes, are amended to read:
 3562         1007.271 Dual enrollment programs.—
 3563         (17) Instructional materials assigned for use within dual
 3564  enrollment courses shall be made available to dual enrollment
 3565  students from Florida public high schools free of charge. A
 3566  postsecondary institution may not require payment for
 3567  instructional materials costs eligible for reimbursement under
 3568  s. 1009.30 This subsection does not prohibit a Florida College
 3569  System institution from providing instructional materials at no
 3570  cost to a home education student or student from a private
 3571  school. Instructional materials purchased by a district school
 3572  board or Florida College System institution board of trustees on
 3573  behalf of dual enrollment students shall be the property of the
 3574  board against which the purchase is charged.
 3575         (24)(a) The dual enrollment program for a private school
 3576  student consists of the enrollment of an eligible private school
 3577  student in a postsecondary course creditable toward an associate
 3578  degree, a career certificate, or a baccalaureate degree. In
 3579  addition, a private school in which a student, including, but
 3580  not limited to, students with disabilities, is enrolled must
 3581  award credit toward high school completion for the postsecondary
 3582  course under the dual enrollment program. To participate in the
 3583  dual enrollment program, an eligible private school student
 3584  must:
 3585         1. Provide proof of enrollment in a private school pursuant
 3586  to subsection (2).
 3587         2. Be responsible for his or her own instructional
 3588  materials and transportation unless provided for in the
 3589  articulation agreement.
 3590         3. Sign a private school articulation agreement pursuant to
 3591  paragraph (b).
 3592         (b) Each public postsecondary institution eligible to
 3593  participate in the dual enrollment program pursuant to s.
 3594  1011.62(1)(i) must enter into a private school articulation
 3595  agreement with each eligible private school in its geographic
 3596  service area seeking to offer dual enrollment courses to its
 3597  students, including, but not limited to, students with
 3598  disabilities. By August 1 of each year, the eligible
 3599  postsecondary institution shall complete and submit the private
 3600  school articulation agreement to the Department of Education.
 3601  The private school articulation agreement must include, at a
 3602  minimum:
 3603         1. A delineation of courses and programs available to the
 3604  private school student. The postsecondary institution may add,
 3605  revise, or delete courses and programs at any time.
 3606         2. The initial and continued eligibility requirements for
 3607  private school student participation, not to exceed those
 3608  required of other dual enrollment students.
 3609         3. The student’s responsibilities for providing his or her
 3610  own instructional materials and transportation.
 3611         4. A provision clarifying that the private school will
 3612  award appropriate credit toward high school completion for the
 3613  postsecondary course under the dual enrollment program.
 3614         5. A provision expressing that costs associated with
 3615  tuition and fees, including registration, and laboratory fees,
 3616  will not be passed along to the student.
 3617         Section 42. Section 1007.36, Florida Statutes, is created
 3618  to read:
 3619         1007.36Inclusive Transition and Employment Management
 3620  Program.—As authorized by and consistent with funding
 3621  appropriated in the General Appropriations Act, the Inclusive
 3622  Transition and Employment Management Program is created within
 3623  the Department of Education for the purpose of providing young
 3624  adults with disabilities who are between the ages of 16 years
 3625  and 28 years with transitional skills, education, and on-the-job
 3626  experience to allow them to acquire and retain permanent
 3627  employment.
 3628         Section 43. Subsection (1), paragraph (a) of subsection
 3629  (3), and paragraphs (a) and (b) of subsection (4) of section
 3630  1008.33, Florida Statutes, are amended to read:
 3631         1008.33 Authority to enforce public school improvement.—
 3632         (1) The State Board of Education shall comply with the
 3633  federal Elementary and Secondary Education Act (ESEA), 20 U.S.C.
 3634  ss. 6301 et seq., its implementing regulations, and the ESEA
 3635  plan flexibility waiver approved for Florida by the United
 3636  States Secretary of Education. The state board may adopt rules
 3637  to maintain compliance with the ESEA and the ESEA plan
 3638  flexibility waiver.
 3639         (3)(a) The academic performance of all students has a
 3640  significant effect on the state school system. Pursuant to Art.
 3641  IX of the State Constitution, which prescribes the duty of the
 3642  State Board of Education to supervise Florida’s public school
 3643  system, the state board shall equitably enforce the
 3644  accountability requirements of the state school system and may
 3645  impose state requirements on school districts in order to
 3646  improve the academic performance of all districts, schools, and
 3647  students based upon the provisions of the Florida Early
 3648  Learning-20 Education Code, chapters 1000-1013; the federal ESEA
 3649  and its implementing regulations; and the ESEA plan flexibility
 3650  waiver approved for Florida by the United States Secretary of
 3651  Education.
 3652         (4)(a) The state board shall apply intensive intervention
 3653  and support strategies tailored to the needs of schools earning
 3654  two consecutive grades of “D” or a grade of “F.” In the first
 3655  full school year after a school initially earns a grade of “D,”
 3656  two consecutive grades of “D” or a grade of “F,” the school
 3657  district must immediately implement intervention and support
 3658  strategies prescribed in rule under paragraph (3)(c). For a
 3659  school that initially earns a grade of “F” or a second
 3660  consecutive grade of “D,” the school district must either
 3661  continue implementing or immediately begin implementing
 3662  intervention and support strategies prescribed in rule under
 3663  paragraph (3)(c) and, by September 1, provide the department, by
 3664  September 1, with the memorandum of understanding negotiated
 3665  pursuant to s. 1001.42(21) and, by October 1, a district-managed
 3666  turnaround plan for approval by the state board. The district
 3667  managed turnaround plan may include a proposal for the district
 3668  to implement an extended school day, a summer program, or a
 3669  combination of an extended school day and a summer program, or
 3670  any other option authorized under paragraph (b) for state board
 3671  approval. A school district is not required to wait until a
 3672  school earns a second consecutive grade of “D” to submit a
 3673  turnaround plan for approval by the state board under this
 3674  paragraph. Upon approval by the state board, the school district
 3675  must implement the plan for the remainder of the school year and
 3676  continue the plan for 1 full school year. The state board may
 3677  allow a school an additional year of implementation before the
 3678  school must implement a turnaround option required under
 3679  paragraph (b) if it determines that the school is likely to
 3680  improve to a grade of “C” or higher after the first full school
 3681  year of implementation.
 3682         (b) Unless an additional year of implementation is provided
 3683  pursuant to paragraph (a), a school that completes a plan cycle
 3684  under paragraph (a) and does not improve to a grade of earns
 3685  three consecutive grades below a “C” or higher must implement
 3686  one of the following:
 3687         1. Reassign students to another school and monitor the
 3688  progress of each reassigned student;
 3689         2. Close the school and reopen the school as one or more
 3690  charter schools, each with a governing board that has a
 3691  demonstrated record of effectiveness; or
 3692         3. Contract with an outside entity that has a demonstrated
 3693  record of effectiveness to provide turnaround services
 3694  identified in state board rule, which may include school
 3695  leadership, educational modalities, teacher and leadership
 3696  professional development, curriculum, operation and management
 3697  services, school-based administrative staffing, budgeting,
 3698  scheduling, other educational service provider functions, or any
 3699  combination thereof operate the school. Selection of an outside
 3700  entity may include one or a combination of the following:
 3701         a.An external operator, which may be a district-managed
 3702  charter school or a high-performing charter school network in
 3703  which all instructional personnel are not employees of the
 3704  school district, but are employees of an independent governing
 3705  board composed of members who did not participate in the review
 3706  or approval of the charter.
 3707         b.A contractual agreement that allows for a charter school
 3708  network or any of its affiliated subsidiaries to provide
 3709  individualized consultancy services tailored to address the
 3710  identified needs of one or more schools under this section.
 3711  
 3712  A school district and outside entity under this subparagraph
 3713  must enter, at minimum, a 2-year, performance-based contract.
 3714  The contract must include school performance and growth metrics
 3715  the outside entity must meet on an annual basis. The state board
 3716  may require the school district to modify or cancel the
 3717  contract.
 3718         Section 44. Paragraph (c) of subsection (3) of section
 3719  1008.34, Florida Statutes, is amended to read:
 3720         1008.34 School grading system; school report cards;
 3721  district grade.—
 3722         (3) DESIGNATION OF SCHOOL GRADES.—
 3723         (c)1. The calculation of a school grade shall be based on
 3724  the percentage of points earned from the components listed in
 3725  subparagraph (b)1. and, if applicable, subparagraph (b)2. The
 3726  State Board of Education shall adopt in rule a school grading
 3727  scale that sets the percentage of points needed to earn each of
 3728  the school grades listed in subsection (2). There shall be at
 3729  least five percentage points separating the percentage
 3730  thresholds needed to earn each of the school grades. The state
 3731  board shall annually periodically review the percentage of
 3732  school grades of “A” and “B” for the school year to determine
 3733  whether to adjust the school grading scale upward for the
 3734  following school year’s school grades. The first adjustment
 3735  would occur no earlier than the 2023-2024 school year. An
 3736  adjustment must be made if the percentage of schools earning a
 3737  grade of “A” or “B” in the current year represents 75 percent or
 3738  more of all graded schools within a particular school type,
 3739  which consists of elementary, middle, high, and combination. The
 3740  adjustment must reset the minimum required percentage of points
 3741  for each grade of “A”, “B”, “C”, or “D” at the next highest
 3742  percentage ending in the numeral 5 or 0, whichever is closest to
 3743  the current percentage. Annual reviews of the percentage of
 3744  schools earning a grade of “A” or “B” and adjustments to the
 3745  required points must be suspended when the following grading
 3746  scale for a specific school type is achieved:
 3747         a.Ninety percent or more of the points for a grade of “A”.
 3748         b.Eighty to eighty-nine percent of the points for a grade
 3749  of “B”.
 3750         c.Seventy to seventy-nine percent of the points for a
 3751  grade of “C”.
 3752         d.Sixty to sixty-nine percent of the points for a grade of
 3753  “D.”
 3754  
 3755  When the school grading scale to determine if the scale should
 3756  be adjusted upward to meet raised expectations and encourage
 3757  increased student performance. If the state board adjusts the
 3758  grading scale upward, the state board must inform the public and
 3759  the school districts of the reasons for and degree of the
 3760  adjustment and its anticipated impact on school grades.
 3761         2. The calculation of school grades may not include any
 3762  provision that would raise or lower the school’s grade beyond
 3763  the percentage of points earned. Extra weight may not be added
 3764  in the calculation of any components.
 3765         Section 45. Effective upon this act becoming a law, and
 3766  annually until January 1, 2025, the Department of Education
 3767  shall collect from each school district, by grade level, the
 3768  range and median number of minutes per school year, including as
 3769  a percentage of net instructional time, students in
 3770  prekindergarten through grade 5 spend on district-required
 3771  assessments and coordinated screening and progress monitoring
 3772  and state-required assessments and coordinated screening and
 3773  progress monitoring. Annually, beginning January 1, 2023,
 3774  through January 1, 2025, the department shall submit a report to
 3775  the Governor and the Legislature summarizing the data collected
 3776  from school districts, including recommendations for minimizing
 3777  duplicative district assessments and progress monitoring.
 3778         Section 46. Paragraph (a) of subsection (18) of section
 3779  1009.26, Florida Statutes, is amended to read:
 3780         1009.26 Fee waivers.—
 3781         (18)(a) Beginning with the 2021-2022 academic year, For
 3782  every course in a Program of Strategic Emphasis, as identified
 3783  in subparagraph 3., in which a student is enrolled, a state
 3784  university shall waive 100 percent of the tuition and fees for
 3785  an equivalent course in such program for a student who:
 3786         1. Is a resident for tuition purposes under s. 1009.21.
 3787         2. Has earned at least 60 semester credit hours towards a
 3788  baccalaureate degree within 2 academic years after initial
 3789  enrollment at a Florida public postsecondary institution.
 3790         3. Enrolls in one of 10 eight Programs of Strategic
 3791  Emphasis as adopted by the Board of Governors. The Board of
 3792  Governors shall adopt eight Programs of Strategic Emphasis in
 3793  science, technology, engineering, or math and, beginning with
 3794  the 2022-2023 academic year, two Programs of Strategic Emphasis
 3795  in the critical workforce gap analysis category for which a
 3796  student may be eligible to receive the tuition and fee waiver
 3797  authorized by this subsection. The programs identified by the
 3798  board must reflect the priorities of the state and be offered at
 3799  a majority of state universities.
 3800         Section 47. Subsection (2), paragraph (a) of subsection
 3801  (3), subsection (5), paragraph (d) of subsection (6) and
 3802  subsections (7), (8), and (9) of section 1009.30, Florida
 3803  Statutes, are amended to read:
 3804         1009.30 Dual Enrollment Scholarship Program.—
 3805         (2) The Department of Education shall administer the Dual
 3806  Enrollment Scholarship Program in accordance with rules adopted
 3807  by the State Board of Education pursuant to subsection (8) (9).
 3808         (3)(a) Beginning in the 2021 fall term, The program shall
 3809  reimburse eligible postsecondary institutions for tuition and
 3810  related instructional materials costs for dual enrollment
 3811  courses taken during the fall or spring terms by eligible
 3812  students, consisting of:
 3813         1. Private school students who take dual enrollment courses
 3814  pursuant to s. 1007.271(24)(b); or
 3815         2. Home education program secondary students during the
 3816  fall or spring terms.
 3817         (5) Annually, by March 15, Each participating institution
 3818  must report to the department any eligible secondary students
 3819  from private schools or home education programs who were
 3820  enrolled during the previous fall or spring terms within 30 days
 3821  after the end of regular registration. Annually, by July 15,
 3822  Each participating institution must report to the department any
 3823  eligible public school, private school, or home education
 3824  program students who were enrolled during the summer term within
 3825  30 days after the end of regular registration. For each dual
 3826  enrollment course in which the student is enrolled, the report
 3827  must include a unique student identifier, the postsecondary
 3828  institution name, the postsecondary course number, and the
 3829  postsecondary course name. The department shall reimburse each
 3830  participating institution no later than 30 days after the
 3831  institution has reported enrollment for that term.
 3832         (6)(d) Institutions shall be reimbursed for instructional
 3833  materials costs based on a rate specified in the General
 3834  Appropriations Act.
 3835         (7)For dual enrollment courses taken during the fall and
 3836  spring terms, the department must reimburse institutions by
 3837  April 15 of the same year. For dual enrollment courses taken
 3838  during the summer term, the department must reimburse
 3839  institutions by August 15 of the same year, before the beginning
 3840  of the next academic year.
 3841         (7)(8) Reimbursement for dual enrollment courses is
 3842  contingent upon an appropriation in the General Appropriations
 3843  Act each year. If the statewide reimbursement amount is greater
 3844  than the appropriation, the institutional reimbursement amounts
 3845  specified in subsection (6) shall be prorated among the
 3846  institutions that have reported eligible students to the
 3847  department by the deadlines specified in subsection (5).
 3848         (8)(9) The State Board of Education shall adopt rules to
 3849  implement this section.
 3850         Section 48. Paragraph (c) of subsection (5) of section
 3851  1009.89, Florida Statutes, is amended to read:
 3852         1009.89 The William L. Boyd, IV, Effective Access to
 3853  Student Education grants.—
 3854         (5)
 3855         (c) By September 1 of each year, institutions receiving
 3856  funding as provided in the General Appropriations Act must
 3857  submit an Effective Access to Student Education Grant Program
 3858  Accountability Report to the Department of Education, in a
 3859  format prescribed by the department. The report must use the
 3860  most recently available information on Florida resident students
 3861  and include, at a minimum, the following performance metrics, by
 3862  institution:
 3863         1. Access rate based upon percentage of Pell-eligible
 3864  students.
 3865         2. Affordability rate based upon average student loan debt;
 3866  federal, state, and institutional financial assistance; and
 3867  average tuition and fees.
 3868         3. Graduation rate.
 3869         4. Retention rate.
 3870         5. Postgraduate employment or continuing education rate.
 3871  
 3872  The department shall recommend minimum performance standards
 3873  that institutions must meet to remain eligible to receive grants
 3874  pursuant to this section. Each eligible institution shall post
 3875  prominently on its website, by October 1 of each year, its
 3876  performance on these metrics, as reported to the department.
 3877         Section 49. Subsections (5) through (9) of section
 3878  1009.895, Florida Statutes, are renumbered as subsections (4)
 3879  through (8), respectively, and paragraph (c) of subsection (1),
 3880  subsection (4), paragraph (a) of present subsection (5), and
 3881  present subsection (8) are amended to read:
 3882         1009.895 Open Door Grant Program.—
 3883         (1) As used in this section, the term:
 3884         (c) “Institution” means school district postsecondary
 3885  technical career centers under s. 1001.44, Florida College
 3886  System institutions under s. 1000.21(3), and charter technical
 3887  career centers under s. 1002.34, and school districts with
 3888  eligible integrated education and training programs.
 3889         (4) To be eligible to receive an open door grant under this
 3890  section, a student must complete the Free Application for
 3891  Federal Student Aid for each academic year in which the grant is
 3892  sought.
 3893         (5) Subject to the availability of funds:
 3894         (a) A student who enrolls in an eligible program offered by
 3895  an institution and who does not receive state or federal
 3896  financial aid may apply for and be awarded a grant to cover two
 3897  thirds of the cost of the program, if at the time of enrollment
 3898  the student pays one-third of the cost of the program and signs
 3899  an agreement to either complete the program or pay an additional
 3900  one-third of the cost of the program in the event of
 3901  noncompletion. The department shall reimburse the institution in
 3902  an amount equal to one-third of the cost of the program upon a
 3903  student’s completion of the program. An additional one-third
 3904  shall be provided upon attainment of a workforce credential or
 3905  certificate by the student. Grant funds may be used to cover the
 3906  student’s one-third of the cost of the program for students in
 3907  integrated education and training programs and students who do
 3908  not have a high school diploma and meet the requirements
 3909  established by the department. An institution may cover the
 3910  student’s one-third of the cost of the program based on student
 3911  need, as determined by the institution.
 3912         (7)(8) The department shall compile the data provided under
 3913  paragraph (6)(d) (7)(d) and annually report such data, in the
 3914  aggregate and categorize such information by eligible
 3915  institution, to the State Board of Education. The report shall
 3916  also include information on the average wage, age, gender, race,
 3917  ethnicity, veteran status, and other relevant information, of
 3918  students who have completed workforce training programs
 3919  categorized by credential name and relevant occupation.
 3920         Section 50. Section 1009.896, Florida Statutes, is created
 3921  to read:
 3922         1009.896Linking Industry to Nursing Education (LINE)
 3923  Fund.—
 3924         (1)This section shall be known and may be cited as the
 3925  “Linking Industry to Nursing Education (LINE) Fund Act.”
 3926         (2)Recognizing that the state has a persistent and growing
 3927  nursing shortage, it is the intent of the Legislature to address
 3928  this critical workforce need by incentivizing collaboration
 3929  between nursing education programs and health care partners
 3930  through the establishment of the LINE Fund. This fund is
 3931  intended to meet local, regional, and state workforce demand by
 3932  recruiting faculty and clinical preceptors, increasing the
 3933  capacity of high-quality nursing education programs, and
 3934  increasing the number of nursing education program graduates who
 3935  are prepared to enter the workforce.
 3936         (3)As used in this section, the term:
 3937         (a)“Health care partner” means a health care provider as
 3938  defined in s. 768.38(2).
 3939         (b)“Institution” means a school district career center
 3940  under s. 1001.44, a charter technical career center under s.
 3941  1002.34, a Florida College System institution, a state
 3942  university, or an independent nonprofit college or university
 3943  located and chartered in this state and accredited by an agency
 3944  or association that is recognized by the database created and
 3945  maintained by the United States Department of Education to grant
 3946  baccalaureate degrees, which has a nursing education program
 3947  that meets or exceeds the following:
 3948         1.For a certified nursing assistant program, a completion
 3949  rate of at least 70 percent for the prior year.
 3950         2.For a licensed practical nurse, associate of science in
 3951  nursing, and bachelor of science in nursing program, a first
 3952  time passage rate on the National Council of State Boards of
 3953  Nursing Licensing Examination of at least 70 percent for the
 3954  prior year.
 3955         (c)“Student” means a person who is a resident for tuition
 3956  purposes pursuant to s. 1009.21 and enrolled in a nursing
 3957  education program at an institution.
 3958         (4)The LINE Fund shall be administered by the Board of
 3959  Governors for state universities and the Department of Education
 3960  for all other institutions.
 3961         (5)Subject to available funds, for every dollar
 3962  contributed to an institution by a health care partner, the fund
 3963  shall provide a dollar-to-dollar match to the participating
 3964  institution.
 3965         (6)(a)Funds may be used for student scholarships,
 3966  recruitment of additional faculty, equipment, and simulation
 3967  centers to advance high-quality nursing education programs
 3968  throughout the state.
 3969         (b)Funds may not be used for the construction of new
 3970  buildings.
 3971         (7)(a)To participate, an institution must submit a timely
 3972  and completed proposal to the Board of Governors or Department
 3973  of Education, in a format prescribed by the Board of Governors
 3974  or Department of Education, as applicable.
 3975         (b)The proposal must identify a health care partner
 3976  located and licensed to operate in the state whose monetary
 3977  contributions will be matched by the fund on a dollar-to-dollar
 3978  basis.
 3979         (8)The Board of Governors or Department of Education, as
 3980  applicable, must review and evaluate each completed and timely
 3981  submitted proposal according to the following minimum criteria:
 3982         (a)Whether funds committed by the health care partner will
 3983  contribute to an eligible purpose.
 3984         (b)How the institution plans to use the funds, including
 3985  how such funds will be utilized to increase student enrollment
 3986  and program completion.
 3987         (c)How the health care partner will onboard and retain
 3988  graduates.
 3989         (d)How the funds will expand the institution’s nursing
 3990  education programs to meet local, regional, or state workforce
 3991  demands. If applicable, this shall include advanced education
 3992  nursing programs and how the funds will increase the number of
 3993  faculty and clinical preceptors and planned efforts to utilize
 3994  the clinical placement process established in s. 14.36.
 3995         (9)(a)Each institution with an approved proposal shall
 3996  notify the Board of Governors or Department of Education, as
 3997  applicable, upon receipt of the health care partner provided
 3998  funds identified in the proposal. The Board of Governors or
 3999  Department of Education, as applicable, shall release grant
 4000  funds, on a dollar-for-dollar basis, up to the amount of funds
 4001  received by the institution.
 4002         (b)Annually, by February 1, each institution awarded grant
 4003  funds in the previous fiscal year shall submit a report to the
 4004  Board of Governors or Department of Education, as applicable,
 4005  that demonstrates the expansion as outlined in the proposal and
 4006  the use of funds. At minimum, the report must include, by
 4007  program level, the number of additional nursing education
 4008  students enrolled; if scholarships were awarded using grant
 4009  funds, the number of students who received scholarships and the
 4010  average award amount; and the outcomes of students as reported
 4011  by the Florida Talent Development Council pursuant to s.
 4012  1004.015(6).
 4013         (10)The Board of Governors shall adopt regulations and the
 4014  State Board of Education shall adopt rules to administer the
 4015  fund, establish dates for the submission and review of
 4016  proposals, award funds, and other regulations and rules
 4017  necessary to implement this section.
 4018         Section 51. Section 1009.897, Florida Statutes, is created
 4019  to read:
 4020         1009.897Prepping Institutions, Programs, Employers, and
 4021  Learners through Incentives for Nursing Education (PIPELINE)
 4022  Fund.—
 4023         (1)A Prepping Institutions, Programs, Employers, and
 4024  Learners through Incentives for Nursing Education (PIPELINE)
 4025  Fund is created to reward performance and excellence among
 4026  public postsecondary nursing education programs.
 4027         (2)As used in this section, the term, “institution” means
 4028  a school district career center under s. 1001.44 that offers a
 4029  licensed practical nurse program, a charter technical career
 4030  center under s. 1002.34 that offers a licensed practical nurse
 4031  program, a Florida College System institution, or a state
 4032  university.
 4033         (3)Subject to appropriation, each institution shall
 4034  receive an allocation based on the performance of its respective
 4035  nursing education program or programs according to the following
 4036  metrics:
 4037         (a)The number of nursing education program completers, by
 4038  program.
 4039         (b)1.The first-time National Council of State Boards of
 4040  Nursing Licensing Examination passage rate of the institution’s
 4041  nursing education program completers, by program.
 4042         2.The allocations shall reward excellence among nursing
 4043  education programs with an average first-time National Council
 4044  of State Boards of Nursing Licensing Examination passage rate
 4045  above the national average.
 4046         (4)The Board of Governors shall adopt regulations and
 4047  State Board of Education shall adopt rules to administer this
 4048  section.
 4049         Section 52. Paragraph (a) of subsection (3) of section
 4050  1010.20, Florida Statutes, is amended to read:
 4051         1010.20 Cost accounting and reporting for school
 4052  districts.—
 4053         (3) PROGRAM EXPENDITURE REQUIREMENTS.—
 4054         (a) Each district shall expend at least the percent of the
 4055  funds generated by each of the programs listed in this section
 4056  on the aggregate total school costs for such programs:
 4057         1. Kindergarten and grades 1, 2, and 3, 90 percent.
 4058         2. Grades 4, 5, 6, 7, and 8, 80 percent.
 4059         3. Grades 9, 10, 11, and 12, 80 percent.
 4060         4. Programs for exceptional students, on an aggregate
 4061  program basis, 90 percent.
 4062         5. Grades 7 through 12 career education programs, on an
 4063  aggregate program basis, 80 percent.
 4064         6. Students-at-risk programs, on an aggregate program
 4065  basis, 80 percent.
 4066         7. Juvenile justice programs, on an aggregate program
 4067  basis, 95 90 percent.
 4068         8. Any new program established and funded under s.
 4069  1011.62(1)(c), that is not included under subparagraphs 1.-7.,
 4070  on an aggregate basis as appropriate, 80 percent.
 4071         Section 53. Subsection (3) of section 1011.48, Florida
 4072  Statutes, is amended to read:
 4073         1011.48 Establishment of educational research centers for
 4074  child development.—
 4075         (3) Each center is authorized to charge fees for the care
 4076  and services it provides, subject to the fees authorized by s.
 4077  1009.24(14). Such fees must be approved by the Board of
 4078  Governors and may be imposed on a sliding scale based on ability
 4079  to pay or any other factors deemed relevant by the board.
 4080         Section 54. Subsections (11) through (14) of section
 4081  1011.62, Florida Statutes, are renumbered as (10) through (13),
 4082  respectively, subsections (16) through (19) are renumbered as
 4083  subsections (14) through (17), respectively, and paragraph (s)
 4084  of subsection (1), paragraph (a) of subsection (4), paragraphs
 4085  (b) and (d) of subsection (6), paragraphs (a) and (b) of
 4086  subsection (7), subsection (8), subsection (10), and present
 4087  subsections (12) and (15) of that section are amended, to read:
 4088         1011.62 Funds for operation of schools.—If the annual
 4089  allocation from the Florida Education Finance Program to each
 4090  district for operation of schools is not determined in the
 4091  annual appropriations act or the substantive bill implementing
 4092  the annual appropriations act, it shall be determined as
 4093  follows:
 4094         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
 4095  OPERATION.—The following procedure shall be followed in
 4096  determining the annual allocation to each district for
 4097  operation:
 4098         (s) Determination of the basic amount for current
 4099  operation.—The basic amount for current operation to be included
 4100  in the Florida Education Finance Program for kindergarten
 4101  through grade 12 for each district shall be the product of the
 4102  following:
 4103         1. The full-time equivalent student membership in each
 4104  program, multiplied by
 4105         2. The cost factor for each program, adjusted for the
 4106  maximum as provided by paragraph (c), multiplied by
 4107         3.The district cost differential, multiplied by
 4108         4.3. The base student allocation.
 4109         (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
 4110  Legislature shall prescribe the aggregate required local effort
 4111  for all school districts collectively as an item in the General
 4112  Appropriations Act for each fiscal year. The amount that each
 4113  district shall provide annually toward the cost of the Florida
 4114  Education Finance Program for kindergarten through grade 12
 4115  programs shall be calculated as follows:
 4116         (a) Estimated taxable value calculations.—
 4117         1.a. Not later than 2 working days before July 19, the
 4118  Department of Revenue shall certify to the Commissioner of
 4119  Education its most recent estimate of the taxable value for
 4120  school purposes in each school district and the total for all
 4121  school districts in the state for the current calendar year
 4122  based on the latest available data obtained from the local
 4123  property appraisers. The value certified shall be the taxable
 4124  value for school purposes for that year, and no further
 4125  adjustments shall be made, except those made pursuant to
 4126  paragraphs (c) and (d), or an assessment roll change required by
 4127  final judicial decisions as specified in paragraph (15)(b)
 4128  (17)(b). Not later than July 19, the Commissioner of Education
 4129  shall compute a millage rate, rounded to the next highest one
 4130  one-thousandth of a mill, which, when applied to 96 percent of
 4131  the estimated state total taxable value for school purposes,
 4132  would generate the prescribed aggregate required local effort
 4133  for that year for all districts. The Commissioner of Education
 4134  shall certify to each district school board the millage rate,
 4135  computed as prescribed in this subparagraph, as the minimum
 4136  millage rate necessary to provide the district required local
 4137  effort for that year.
 4138         b. The General Appropriations Act shall direct the
 4139  computation of the statewide adjusted aggregate amount for
 4140  required local effort for all school districts collectively from
 4141  ad valorem taxes to ensure that no school district’s revenue
 4142  from required local effort millage will produce more than 90
 4143  percent of the district’s total Florida Education Finance
 4144  Program calculation as calculated and adopted by the
 4145  Legislature, and the adjustment of the required local effort
 4146  millage rate of each district that produces more than 90 percent
 4147  of its total Florida Education Finance Program entitlement to a
 4148  level that will produce only 90 percent of its total Florida
 4149  Education Finance Program entitlement in the July calculation.
 4150         2. On the same date as the certification in sub
 4151  subparagraph 1.a., the Department of Revenue shall certify to
 4152  the Commissioner of Education for each district:
 4153         a. Each year for which the property appraiser has certified
 4154  the taxable value pursuant to s. 193.122(2) or (3), if
 4155  applicable, since the prior certification under sub-subparagraph
 4156  1.a.
 4157         b. For each year identified in sub-subparagraph a., the
 4158  taxable value certified by the appraiser pursuant to s.
 4159  193.122(2) or (3), if applicable, since the prior certification
 4160  under sub-subparagraph 1.a. This is the certification that
 4161  reflects all final administrative actions of the value
 4162  adjustment board.
 4163         (6) CATEGORICAL FUNDS.—
 4164         (b) If a district school board finds and declares in a
 4165  resolution adopted at a regular meeting of the school board that
 4166  the funds received for any of the following categorical
 4167  appropriations are urgently needed to maintain school board
 4168  specified academic classroom instruction or improve school
 4169  safety, the school board may consider and approve an amendment
 4170  to the school district operating budget transferring the
 4171  identified amount of the categorical funds to the appropriate
 4172  account for expenditure:
 4173         1. Funds for student transportation.
 4174         2. Funds for evidence-based reading instruction if the
 4175  required additional hour of instruction beyond the normal school
 4176  day for each day of the entire school year has been provided for
 4177  the students in each low-performing elementary school in the
 4178  district pursuant to paragraph (8)(a).
 4179         3. Funds for instructional materials if all instructional
 4180  material purchases necessary to provide updated materials that
 4181  are aligned with applicable state standards and course
 4182  descriptions and that meet statutory requirements of content and
 4183  learning have been completed for that fiscal year, but no sooner
 4184  than March 1. Funds available after March 1 may be used to
 4185  purchase computers and device hardware for student instruction
 4186  that comply with the requirements of s. 1001.20(4)(a)1.b.
 4187         3.4. Funds for the guaranteed allocation as provided in
 4188  subparagraph (1)(e)2.
 4189         4.5. Funds for the supplemental academic instruction
 4190  allocation as provided in paragraph (1)(f).
 4191         6.Funds for the Florida digital classrooms allocation as
 4192  provided in subsection (10).
 4193         5.7. Funds for the federally connected student supplement
 4194  as provided in subsection (10) (11).
 4195         6.8. Funds for class size reduction as provided in s.
 4196  1011.685.
 4197         (d)If a district school board transfers funds from its
 4198  evidence-based reading instruction allocation, the board must
 4199  also submit to the Department of Education an amendment
 4200  describing the changes that the district is making to its
 4201  reading plan approved pursuant to paragraph (8)(d).
 4202         (7) DETERMINATION OF SPARSITY SUPPLEMENT.—
 4203         (a) Annually, in an amount to be determined by the
 4204  Legislature through the General Appropriations Act, there shall
 4205  be added to the basic amount for current operation of the FEFP
 4206  qualified districts a sparsity supplement which shall be
 4207  computed as follows:
 4208  
 4209  
 4210       Sparsity Factor =         1101.8918         – 0.1101         
 4211                         2700 + districtsparsityindex
 4212  
 4213  
 4214  except that districts with a sparsity index of 1,000 or less
 4215  shall be computed as having a sparsity index of 1,000, and
 4216  districts having a sparsity index of 7,308 and above shall be
 4217  computed as having a sparsity factor of zero. A qualified
 4218  district’s full-time equivalent student membership shall equal
 4219  or be less than that prescribed annually by the Legislature in
 4220  the appropriations act. The amount prescribed annually by the
 4221  Legislature shall be no less than 17,000, but no more than
 4222  30,000 24,000.
 4223         (b) The district sparsity index shall be computed by
 4224  dividing the total number of full-time equivalent students in
 4225  all programs in the district by the number of senior high school
 4226  centers in the district, not in excess of three, which centers
 4227  are approved as permanent centers by a survey made by the
 4228  Department of Education. For districts with a full-time
 4229  equivalent student membership of at least 20,000, but no more
 4230  than 30,000 24,000, the index shall be computed by dividing the
 4231  total number of full-time equivalent students in all programs by
 4232  the number of permanent senior high school centers in the
 4233  district, not in excess of four.
 4234         (8) EVIDENCE-BASED READING INSTRUCTION ALLOCATION.—
 4235         (a) The evidence-based reading instruction allocation is
 4236  created to provide comprehensive reading instruction to students
 4237  in prekindergarten kindergarten through grade 12, including
 4238  certain students who have completed the Voluntary
 4239  Prekindergarten Education Program and who are at risk of being
 4240  identified as having a substantial deficiency in early literacy
 4241  skills under s. 1008.25(8)(c). Each school district that has one
 4242  or more of the 300 lowest-performing elementary schools based on
 4243  a 3-year average of the state reading assessment data must use
 4244  the school’s portion of the allocation to provide an additional
 4245  hour per day of intensive reading instruction for the students
 4246  in each school. The additional hour may be provided within the
 4247  school day. Students enrolled in these schools who earned a
 4248  level 4 or level 5 score on the statewide, standardized English
 4249  Language Arts assessment for the previous school year may
 4250  participate in the additional hour of instruction. Exceptional
 4251  student education centers may not be included in the 300
 4252  schools. The
 4253         (b) Intensive reading instruction for students who have
 4254  reading deficiencies must delivered in this additional hour
 4255  shall include: evidence-based reading instruction that has been
 4256  proven to accelerate progress of students exhibiting a reading
 4257  deficiency; differentiated instruction based on screening,
 4258  diagnostic, progress monitoring, or student assessment data to
 4259  meet students’ specific reading needs; explicit and systematic
 4260  reading strategies to develop phonemic awareness, phonics,
 4261  fluency, vocabulary, and comprehension, with more extensive
 4262  opportunities for guided practice, error correction, and
 4263  feedback; and the coordinated integration of civic literacy,
 4264  science, and mathematics-text reading, text discussion, and
 4265  writing in response to reading.
 4266         (c)(b) Funds for comprehensive, evidence-based reading
 4267  instruction shall be allocated annually to each school district
 4268  in the amount provided in the General Appropriations Act. Each
 4269  eligible school district shall receive the same minimum amount
 4270  as specified in the General Appropriations Act, and any
 4271  remaining funds shall be distributed to eligible school
 4272  districts based on each school district’s proportionate share of
 4273  K-12 base funding.
 4274         (d)(c) Funds allocated under this subsection must be used
 4275  to provide a system of comprehensive reading instruction to
 4276  students enrolled in the prekindergarten-12 K-12 programs and
 4277  certain students who exhibit a substantial deficiency in early
 4278  literacy and completed the Voluntary Prekindergarten Education
 4279  Program pursuant to s. 1008.25(5)(b), which may include the
 4280  following:
 4281         1. Additional time An additional hour per day of evidence
 4282  based intensive reading instruction to students, which may be
 4283  delivered during or outside of the regular school day in the 300
 4284  lowest-performing elementary schools by teachers and reading
 4285  specialists who have demonstrated effectiveness in teaching
 4286  reading as required in paragraph (a).
 4287         2. Kindergarten through grade 12 5 evidence-based intensive
 4288  reading interventions provided by reading intervention teachers
 4289  during the school day and in the required extra hour for
 4290  students identified as having a substantial reading deficiency.
 4291         3. Highly qualified reading coaches, who must be endorsed
 4292  in reading, to specifically support teachers in making
 4293  instructional decisions based on student data, and improve
 4294  teacher delivery of effective reading instruction, intervention,
 4295  and reading in the content areas based on student need.
 4296         4. Professional development for school district teachers in
 4297  scientifically researched and evidence-based reading
 4298  instruction, including strategies to teach reading in content
 4299  areas and with an emphasis on technical and informational text,
 4300  to help instructional personnel and certified prekindergarten
 4301  teachers funded in the Florida Education Finance Program school
 4302  district teachers earn a certification, a credential, or an
 4303  endorsement, or an advanced degree in scientifically researched
 4304  and evidence-based reading instruction.
 4305         5. Summer reading camps, using only teachers or other
 4306  district personnel who possess a micro-credential as specified
 4307  in s. 1003.485 or are certified or endorsed in reading
 4308  consistent with s. 1008.25(7)(b)3., for all students in
 4309  kindergarten through grade 5 2 who demonstrate a reading
 4310  deficiency as determined by district and state assessments,
 4311  students in grades 3 through 5 who score at Level 1 on the
 4312  statewide, standardized English Language Arts assessment, and
 4313  certain students who exhibit a substantial deficiency in early
 4314  literacy and completed the Voluntary Prekindergarten Education
 4315  Program under s. 1008.25(5)(b).
 4316         6. Scientifically researched and evidence-based
 4317  supplemental instructional materials as identified by the Just
 4318  Read, Florida! Office pursuant to s. 1001.215(8).
 4319         7. Incentives for instructional personnel and certified
 4320  prekindergarten teachers funded in the Florida Education Finance
 4321  Program who possess a reading certification or endorsement or
 4322  micro-credential as specified in s. 1003.485 and provide
 4323  educational support to improve student literacy Evidence-based
 4324  intensive reading interventions for students in kindergarten
 4325  through grade 12 who have been identified as having a
 4326  substantial reading deficiency or who are reading below grade
 4327  level as determined by the statewide, standardized English
 4328  Language Arts assessment or for certain students who exhibit a
 4329  substantial deficiency in early literacy and completed the
 4330  Voluntary Prekindergarten Education Program under s.
 4331  1008.25(5)(b).
 4332         8. Tutoring in reading.
 4333         (e)1.(d)1. Annually, by a date determined by the Department
 4334  of Education but before May 1, each school district districts
 4335  shall submit a comprehensive reading plan approved by the
 4336  applicable district school board, charter school governing
 4337  board, or lab school board of trustees, for the specific use of
 4338  the evidence-based reading instruction allocation, based upon a
 4339  root-cause analysis. The State Regional Literacy Director may
 4340  assist in the development of the plan in the format prescribed
 4341  by the department for review and approval by the Just Read,
 4342  Florida! Office created pursuant to s. 1001.215. The plan format
 4343  shall be developed with input from school district personnel,
 4344  including teachers and principals, and shall provide for
 4345  intensive reading interventions identified through a root-cause
 4346  analysis of student performance data and reflection tool
 4347  developed by the department to evaluate the effectiveness of
 4348  interventions implemented in the prior year. The department
 4349  shall provide a plan format. A district school board may use the
 4350  format developed by the department or a format developed by the
 4351  district school board.
 4352         2. Intensive reading interventions must be delivered by
 4353  instructional personnel who possess the micro-credential as
 4354  provided in s. 1003.485 or are certified or endorsed in reading
 4355  and must incorporate evidence-based strategies identified by the
 4356  Just Read, Florida! Office pursuant to s. 1001.215(8).
 4357  Instructional personnel who possess a micro-credential as
 4358  specified in s. 1003.485 and are delivering intensive reading
 4359  interventions must be supervised by an individual certified or
 4360  endorsed in reading. For the purposes of this subsection, the
 4361  term supervision” means the ability to communicate by way of
 4362  telecommunication with or physical presence of the certified or
 4363  endorsed personnel for consultation and direction of the actions
 4364  of the personnel with the micro-credential.
 4365         3.2. By July 1 of each year, the department shall release
 4366  to each school district with an approved plan its allocation of
 4367  appropriated funds. If a school district and the Just Read,
 4368  Florida! Office cannot reach agreement on the contents of the
 4369  plan, the school district may appeal to the State Board of
 4370  Education for resolution. School districts shall be allowed
 4371  reasonable flexibility in designing their plans and shall be
 4372  encouraged to offer reading intervention through innovative
 4373  methods, including career academies. The department shall
 4374  withhold funds upon a determination that reading instruction
 4375  allocation funds are not being used to implement the approved
 4376  plan. The department shall evaluate the implementation of each
 4377  district plan, including conducting site visits and collecting
 4378  specific data on expenditures and reading improvement results.
 4379  By February 1 of each year, the department shall report its
 4380  findings to the Legislature and the State Board of Education,
 4381  including any recommendations for improving implementation of
 4382  evidence-based reading and intervention strategies in
 4383  classrooms.
 4384         3. Each school district that has a school designated as one
 4385  of the 300 lowest-performing elementary schools as specified in
 4386  paragraph (a) shall specifically delineate in the comprehensive
 4387  reading plan, or in an addendum to the comprehensive reading
 4388  plan, the implementation design and reading intervention
 4389  strategies that will be used for the required additional hour of
 4390  reading instruction. The term “reading intervention” includes
 4391  evidence-based strategies frequently used to remediate reading
 4392  deficiencies and also includes individual instruction, tutoring,
 4393  mentoring, or the use of technology that targets specific
 4394  reading skills and abilities.
 4395  
 4396  For purposes of this subsection, the term “evidence-based” means
 4397  demonstrating a statistically significant effect on improving
 4398  student outcomes or other relevant outcomes as provided in 20
 4399  U.S.C. s. 8101(21)(A)(i).
 4400         (10) FLORIDA DIGITAL CLASSROOMS ALLOCATION.—
 4401         (a) The Florida digital classrooms allocation is created to
 4402  support the efforts of school districts and schools, including
 4403  charter schools, to integrate technology in classroom teaching
 4404  and learning to ensure students have access to high-quality
 4405  electronic and digital instructional materials and resources,
 4406  and empower classroom teachers to help their students succeed.
 4407  Each school district shall receive a minimum digital classrooms
 4408  allocation in the amount provided in the General Appropriations
 4409  Act. The remaining balance of the digital classrooms allocation
 4410  shall be allocated based on each school district’s proportionate
 4411  share of the state’s total unweighted full-time equivalent
 4412  student enrollment.
 4413         (b) Funds allocated under this subsection must be used for
 4414  costs associated with:
 4415         1. Acquiring and maintaining the items on the eligible
 4416  services list authorized by the Universal Service Administrative
 4417  Company for the Schools and Libraries Program, more commonly
 4418  referred to as the federal E-rate program.
 4419         2. Acquiring computer and device hardware and associated
 4420  operating system software that comply with the requirements of
 4421  s. 1001.20(4)(a)1.b.
 4422         3. Providing professional development, including in-state
 4423  conference attendance or online coursework, to enhance the use
 4424  of technology for digital instructional strategies.
 4425         (11)(12) QUALITY ASSURANCE GUARANTEE.—The Legislature may
 4426  annually in the General Appropriations Act determine a
 4427  percentage increase in funds per K-12 unweighted FTE as a
 4428  minimum guarantee to each school district. The guarantee shall
 4429  be calculated from prior year base funding per unweighted FTE
 4430  student which shall include the adjusted FTE dollars as provided
 4431  in subsection (15) (17), quality guarantee funds, and actual
 4432  nonvoted discretionary local effort from taxes. From the base
 4433  funding per unweighted FTE, the increase shall be calculated for
 4434  the current year. The current year funds from which the
 4435  guarantee shall be determined shall include the adjusted FTE
 4436  dollars as provided in subsection (15) (17) and potential
 4437  nonvoted discretionary local effort from taxes. A comparison of
 4438  current year funds per unweighted FTE to prior year funds per
 4439  unweighted FTE shall be computed. For those school districts
 4440  which have less than the legislatively assigned percentage
 4441  increase, funds shall be provided to guarantee the assigned
 4442  percentage increase in funds per unweighted FTE student. Should
 4443  appropriated funds be less than the sum of this calculated
 4444  amount for all districts, the commissioner shall prorate each
 4445  district’s allocation. This provision shall be implemented to
 4446  the extent specifically funded.
 4447         (15) FUNDING COMPRESSION AND HOLD HARMLESS ALLOCATION.—The
 4448  Legislature may provide an annual funding compression and hold
 4449  harmless allocation in the General Appropriations Act. The
 4450  allocation is created to provide additional funding to school
 4451  districts if the school district’s total funds per FTE in the
 4452  prior year were less than the statewide average or if the school
 4453  district’s district cost differential in the current year is
 4454  less than the prior year. The total allocation shall be
 4455  distributed to eligible school districts as follows:
 4456         (a) Using the most recent prior year FEFP calculation for
 4457  each eligible school district, subtract the total school
 4458  district funds per FTE from the state average funds per FTE, not
 4459  including any adjustments made pursuant to paragraph (17)(b).
 4460  The resulting funds per FTE difference, or a portion thereof, as
 4461  designated in the General Appropriations Act, shall then be
 4462  multiplied by the school district’s total unweighted FTE.
 4463         (b) Multiply the absolute value of the difference between
 4464  the eligible school district’s current year district cost
 4465  differential and the prior year district cost differential by a
 4466  hold harmless factor as designated in the General Appropriations
 4467  Act. The result is the district cost differential hold harmless
 4468  index. Multiply the index by the eligible school district’s
 4469  weighted FTE and by the base student allocation as designated in
 4470  the General Appropriations Act.
 4471         (c) For each district, select the greater of the amounts
 4472  calculated in paragraphs (a) and (b) and upon summation, if the
 4473  total amount is greater than the amount included in the General
 4474  Appropriations Act, the allocation shall be prorated to the
 4475  appropriation amount based on each participating school
 4476  district’s share.
 4477  
 4478  This subsection expires July 1, 2022.
 4479         Section 55. Subsection (5) of section 1011.68, Florida
 4480  Statutes, is amended to read:
 4481         1011.68 Funds for student transportation.—The annual
 4482  allocation to each district for transportation to public school
 4483  programs, including charter schools as provided in s.
 4484  1002.33(17)(b), of students in membership in kindergarten
 4485  through grade 12 and in migrant and exceptional student programs
 4486  below kindergarten shall be determined as follows:
 4487         (5) Funds allocated or apportioned for the payment of
 4488  student transportation services may be used to pay for
 4489  transportation of students to and from school on local general
 4490  purpose transportation systems. Student transportation funds may
 4491  also be used to pay for transportation of students to and from
 4492  school in private passenger cars and boats when the
 4493  transportation on a school bus is impractical or when the
 4494  transportation is for isolated students, or students with
 4495  disabilities, or to support parents or carpools, as defined by
 4496  rule. Subject to the rules of the State Board of Education, each
 4497  school district shall determine and report the number of
 4498  assigned students using general purpose transportation private
 4499  passenger cars and boats. The allocation per student must be
 4500  equal to the allocation per student riding a school bus.
 4501         Section 56. Subsection (1) of section 1011.71, Florida
 4502  Statutes, is amended to read:
 4503         1011.71 District school tax.—
 4504         (1) If the district school tax is not provided in the
 4505  General Appropriations Act or the substantive bill implementing
 4506  the General Appropriations Act, each district school board
 4507  desiring to participate in the state allocation of funds for
 4508  current operation as prescribed by s. 1011.62(15) s. 1011.62(17)
 4509  shall levy on the taxable value for school purposes of the
 4510  district, exclusive of millage voted under s. 9(b) or s. 12,
 4511  Art. VII of the State Constitution, a millage rate not to exceed
 4512  the amount certified by the commissioner as the minimum millage
 4513  rate necessary to provide the district required local effort for
 4514  the current year, pursuant to s. 1011.62(4)(a)1. In addition to
 4515  the required local effort millage levy, each district school
 4516  board may levy a nonvoted current operating discretionary
 4517  millage. The Legislature shall prescribe annually in the
 4518  appropriations act the maximum amount of millage a district may
 4519  levy.
 4520         Section 57. Effective upon this act becoming a law,
 4521  paragraph (c) of subsection (1) of section 1012.22, Florida
 4522  Statutes, is amended to read:
 4523         1012.22 Public school personnel; powers and duties of the
 4524  district school board.—The district school board shall:
 4525         (1) Designate positions to be filled, prescribe
 4526  qualifications for those positions, and provide for the
 4527  appointment, compensation, promotion, suspension, and dismissal
 4528  of employees as follows, subject to the requirements of this
 4529  chapter:
 4530         (c) Compensation and salary schedules.—
 4531         1. Definitions.—As used in this paragraph:
 4532         a. “Adjustment” means an addition to the base salary
 4533  schedule that is not a bonus and becomes part of the employee’s
 4534  permanent base salary and shall be considered compensation under
 4535  s. 121.021(22).
 4536         b. “Grandfathered salary schedule” means the salary
 4537  schedule or schedules adopted by a district school board before
 4538  July 1, 2014, pursuant to subparagraph 4.
 4539         c. “Instructional personnel” means instructional personnel
 4540  as defined in s. 1012.01(2)(a)-(d), excluding substitute
 4541  teachers.
 4542         d. “Performance salary schedule” means the salary schedule
 4543  or schedules adopted by a district school board pursuant to
 4544  subparagraph 5.
 4545         e. “Salary schedule” means the schedule or schedules used
 4546  to provide the base salary for district school board personnel.
 4547         f. “School administrator” means a school administrator as
 4548  defined in s. 1012.01(3)(c).
 4549         g. “Supplement” means an annual addition to the base salary
 4550  for the term of the negotiated supplement as long as the
 4551  employee continues his or her employment for the purpose of the
 4552  supplement. A supplement does not become part of the employee’s
 4553  continuing base salary but shall be considered compensation
 4554  under s. 121.021(22).
 4555         2. Cost-of-living adjustment.—A district school board may
 4556  provide a cost-of-living salary adjustment if the adjustment:
 4557         a. Does not discriminate among comparable classes of
 4558  employees based upon the salary schedule under which they are
 4559  compensated.
 4560         b. Does not exceed 50 percent of the annual adjustment
 4561  provided to instructional personnel rated as effective.
 4562         3. Advanced degrees.—A district school board may not use
 4563  advanced degrees in setting a salary schedule for instructional
 4564  personnel or school administrators hired on or after July 1,
 4565  2011, unless the advanced degree is held in the individual’s
 4566  area of certification and is only a salary supplement.
 4567         4. Grandfathered salary schedule.—
 4568         a. The district school board shall adopt a salary schedule
 4569  or salary schedules to be used as the basis for paying all
 4570  school employees hired before July 1, 2014. Instructional
 4571  personnel on annual contract as of July 1, 2014, shall be placed
 4572  on the performance salary schedule adopted under subparagraph 5.
 4573  Instructional personnel on continuing contract or professional
 4574  service contract may opt into the performance salary schedule if
 4575  the employee relinquishes such contract and agrees to be
 4576  employed on an annual contract under s. 1012.335. Such an
 4577  employee shall be placed on the performance salary schedule and
 4578  may not return to continuing contract or professional service
 4579  contract status. Any employee who opts into the performance
 4580  salary schedule may not return to the grandfathered salary
 4581  schedule.
 4582         b. In determining the grandfathered salary schedule for
 4583  instructional personnel, a district school board must base a
 4584  portion of each employee’s compensation upon performance
 4585  demonstrated under s. 1012.34 and shall provide differentiated
 4586  pay for both instructional personnel and school administrators
 4587  based upon district-determined factors, including, but not
 4588  limited to, additional responsibilities, school demographics,
 4589  critical shortage areas, and level of job performance
 4590  difficulties.
 4591         5. Performance salary schedule.—By July 1, 2014, the
 4592  district school board shall adopt a performance salary schedule
 4593  that provides annual salary adjustments for instructional
 4594  personnel and school administrators based upon performance
 4595  determined under s. 1012.34. Employees hired on or after July 1,
 4596  2014, or employees who choose to move from the grandfathered
 4597  salary schedule to the performance salary schedule shall be
 4598  compensated pursuant to the performance salary schedule once
 4599  they have received the appropriate performance evaluation for
 4600  this purpose.
 4601         a. Base salary.—The base salary shall be established as
 4602  follows:
 4603         (I) The base salary for instructional personnel or school
 4604  administrators who opt into the performance salary schedule
 4605  shall be the salary paid in the prior year, including
 4606  adjustments only.
 4607         (II) Instructional personnel or school administrators new
 4608  to the district, returning to the district after a break in
 4609  service without an authorized leave of absence, or appointed for
 4610  the first time to a position in the district in the capacity of
 4611  instructional personnel or school administrator shall be placed
 4612  on the performance salary schedule. Beginning July 1, 2021, and
 4613  until such time as the minimum base salary as defined in s.
 4614  1011.62(14) s. 1011.62(16) equals or exceeds $47,500, the annual
 4615  increase to the minimum base salary shall not be less than 150
 4616  percent of the largest adjustment made to the salary of an
 4617  employee on the grandfathered salary schedule. Thereafter, the
 4618  annual increase to the minimum base salary shall not be less
 4619  than 75 percent of the largest adjustment for an employee on the
 4620  grandfathered salary schedule.
 4621         b. Salary adjustments.—Salary adjustments for highly
 4622  effective or effective performance shall be established as
 4623  follows:
 4624         (I) The annual salary adjustment under the performance
 4625  salary schedule for an employee rated as highly effective must
 4626  be at least 25 percent greater than the highest annual salary
 4627  adjustment available to an employee of the same classification
 4628  through any other salary schedule adopted by the district.
 4629         (II) The annual salary adjustment under the performance
 4630  salary schedule for an employee rated as effective must be equal
 4631  to at least 50 percent and no more than 75 percent of the annual
 4632  adjustment provided for a highly effective employee of the same
 4633  classification.
 4634         (III) A salary schedule shall not provide an annual salary
 4635  adjustment for an employee who receives a rating other than
 4636  highly effective or effective for the year.
 4637         c. Salary supplements.—In addition to the salary
 4638  adjustments, each district school board shall provide for salary
 4639  supplements for activities that must include, but are not
 4640  limited to:
 4641         (I) Assignment to a Title I eligible school.
 4642         (II) Assignment to a school that earned a grade of “F” or
 4643  three consecutive grades of “D” pursuant to s. 1008.34 such that
 4644  the supplement remains in force for at least 1 year following
 4645  improved performance in that school.
 4646         (III) Certification and teaching in critical teacher
 4647  shortage areas. Statewide critical teacher shortage areas shall
 4648  be identified by the State Board of Education under s. 1012.07.
 4649  However, the district school board may identify other areas of
 4650  critical shortage within the school district for purposes of
 4651  this sub-sub-subparagraph and may remove areas identified by the
 4652  state board which do not apply within the school district.
 4653         (IV) Assignment of additional academic responsibilities.
 4654  
 4655  If budget constraints in any given year limit a district school
 4656  board’s ability to fully fund all adopted salary schedules, the
 4657  performance salary schedule shall not be reduced on the basis of
 4658  total cost or the value of individual awards in a manner that is
 4659  proportionally greater than reductions to any other salary
 4660  schedules adopted by the district. Any compensation for
 4661  longevity of service awarded to instructional personnel who are
 4662  on any other salary schedule must be included in calculating the
 4663  salary adjustments required by sub-subparagraph b.
 4664         Section 58. Effective January 1, 2023, section 1012.315,
 4665  Florida Statutes, is amended to read:
 4666         1012.315 Screening standards.—A person is ineligible for
 4667  educator certification or employment in any position that
 4668  requires direct contact with students in a district school
 4669  system, a charter school, or a private school that participates
 4670  in a state scholarship program under chapter 1002 if the person
 4671  is on the disqualification list maintained by the department
 4672  pursuant to s. 1001.10(4)(b), is registered as a sex offender as
 4673  described in 42 U.S.C. s. 9858f(c)(1)(C), would be ineligible
 4674  for an exemption under s. 435.07(4)(c), or has been convicted or
 4675  found guilty of, has had adjudication withheld for, or has pled
 4676  guilty or nolo contendere to:
 4677         (1) Any felony offense prohibited under any of the
 4678  following statutes:
 4679         (a) Section 393.135, relating to sexual misconduct with
 4680  certain developmentally disabled clients and reporting of such
 4681  sexual misconduct.
 4682         (b) Section 394.4593, relating to sexual misconduct with
 4683  certain mental health patients and reporting of such sexual
 4684  misconduct.
 4685         (c) Section 415.111, relating to adult abuse, neglect, or
 4686  exploitation of aged persons or disabled adults.
 4687         (d) Section 782.04, relating to murder.
 4688         (e) Section 782.07, relating to manslaughter, aggravated
 4689  manslaughter of an elderly person or disabled adult, aggravated
 4690  manslaughter of a child, or aggravated manslaughter of an
 4691  officer, a firefighter, an emergency medical technician, or a
 4692  paramedic.
 4693         (f) Section 784.021, relating to aggravated assault.
 4694         (g) Section 784.045, relating to aggravated battery.
 4695         (h) Section 784.075, relating to battery on a detention or
 4696  commitment facility staff member or a juvenile probation
 4697  officer.
 4698         (i) Section 787.01, relating to kidnapping.
 4699         (j) Section 787.02, relating to false imprisonment.
 4700         (k) Section 787.025, relating to luring or enticing a
 4701  child.
 4702         (l) Section 787.04(2), relating to leading, taking,
 4703  enticing, or removing a minor beyond the state limits, or
 4704  concealing the location of a minor, with criminal intent pending
 4705  custody proceedings.
 4706         (m) Section 787.04(3), relating to leading, taking,
 4707  enticing, or removing a minor beyond the state limits, or
 4708  concealing the location of a minor, with criminal intent pending
 4709  dependency proceedings or proceedings concerning alleged abuse
 4710  or neglect of a minor.
 4711         (n) Section 790.115(1), relating to exhibiting firearms or
 4712  weapons at a school-sponsored event, on school property, or
 4713  within 1,000 feet of a school.
 4714         (o) Section 790.115(2)(b), relating to possessing an
 4715  electric weapon or device, destructive device, or other weapon
 4716  at a school-sponsored event or on school property.
 4717         (p) Section 794.011, relating to sexual battery.
 4718         (q) Former s. 794.041, relating to sexual activity with or
 4719  solicitation of a child by a person in familial or custodial
 4720  authority.
 4721         (r) Section 794.05, relating to unlawful sexual activity
 4722  with certain minors.
 4723         (s) Section 794.08, relating to female genital mutilation.
 4724         (t) Chapter 796, relating to prostitution.
 4725         (u) Chapter 800, relating to lewdness and indecent
 4726  exposure.
 4727         (v) Section 800.101, relating to offenses against students
 4728  by authority figures.
 4729         (w) Section 806.01, relating to arson.
 4730         (x) Section 810.14, relating to voyeurism.
 4731         (y) Section 810.145, relating to video voyeurism.
 4732         (z) Section 812.014(6), relating to coordinating the
 4733  commission of theft in excess of $3,000.
 4734         (aa) Section 812.0145, relating to theft from persons 65
 4735  years of age or older.
 4736         (bb) Section 812.019, relating to dealing in stolen
 4737  property.
 4738         (cc) Section 812.13, relating to robbery.
 4739         (dd) Section 812.131, relating to robbery by sudden
 4740  snatching.
 4741         (ee) Section 812.133, relating to carjacking.
 4742         (ff) Section 812.135, relating to home-invasion robbery.
 4743         (gg) Section 817.563, relating to fraudulent sale of
 4744  controlled substances.
 4745         (hh) Section 825.102, relating to abuse, aggravated abuse,
 4746  or neglect of an elderly person or disabled adult.
 4747         (ii) Section 825.103, relating to exploitation of an
 4748  elderly person or disabled adult.
 4749         (jj) Section 825.1025, relating to lewd or lascivious
 4750  offenses committed upon or in the presence of an elderly person
 4751  or disabled person.
 4752         (kk) Section 826.04, relating to incest.
 4753         (ll) Section 827.03, relating to child abuse, aggravated
 4754  child abuse, or neglect of a child.
 4755         (mm) Section 827.04, relating to contributing to the
 4756  delinquency or dependency of a child.
 4757         (nn) Section 827.071, relating to sexual performance by a
 4758  child.
 4759         (oo) Section 843.01, relating to resisting arrest with
 4760  violence.
 4761         (pp) Chapter 847, relating to obscenity.
 4762         (qq) Section 874.05, relating to causing, encouraging,
 4763  soliciting, or recruiting another to join a criminal street
 4764  gang.
 4765         (rr) Chapter 893, relating to drug abuse prevention and
 4766  control, if the offense was a felony of the second degree or
 4767  greater severity.
 4768         (ss) Section 916.1075, relating to sexual misconduct with
 4769  certain forensic clients and reporting of such sexual
 4770  misconduct.
 4771         (tt) Section 944.47, relating to introduction, removal, or
 4772  possession of contraband at a correctional facility.
 4773         (uu) Section 985.701, relating to sexual misconduct in
 4774  juvenile justice programs.
 4775         (vv) Section 985.711, relating to introduction, removal, or
 4776  possession of contraband at a juvenile detention facility or
 4777  commitment program.
 4778         (2) Any misdemeanor offense prohibited under any of the
 4779  following statutes:
 4780         (a) Section 784.03, relating to battery, if the victim of
 4781  the offense was a minor.
 4782         (b) Section 787.025, relating to luring or enticing a
 4783  child.
 4784         (3) Any criminal act committed in another state or under
 4785  federal law which, if committed in this state, constitutes an
 4786  offense prohibited under any statute listed in subsection (1) or
 4787  subsection (2).
 4788         (4) Any delinquent act committed in this state or any
 4789  delinquent or criminal act committed in another state or under
 4790  federal law which, if committed in this state, qualifies an
 4791  individual for inclusion on the Registered Juvenile Sex Offender
 4792  List under s. 943.0435(1)(h)1.d.
 4793         Section 59. Effective January 1, 2023, subsections (2) and
 4794  (3) of section 1012.32, Florida Statutes, are amended to read:
 4795         1012.32 Qualifications of personnel.—
 4796         (2)(a) Instructional and noninstructional personnel who are
 4797  hired or contracted to fill positions that require direct
 4798  contact with students in any district school system or
 4799  university lab school must, upon employment or engagement to
 4800  provide services, undergo background screening as required under
 4801  s. 1012.465 or s. 1012.56, whichever is applicable.
 4802         (b)1. Instructional and noninstructional personnel who are
 4803  hired or contracted to fill positions in a charter school other
 4804  than a school of hope as defined in s. 1002.333, and members of
 4805  the governing board of such charter school, in compliance with
 4806  s. 1002.33(12)(g), upon employment, engagement of services, or
 4807  appointment, shall undergo background screening as required
 4808  under s. 1012.465 or s. 1012.56, whichever is applicable, by
 4809  filing with the district school board for the school district in
 4810  which the charter school is located a complete set of
 4811  fingerprints taken by an authorized law enforcement agency or an
 4812  employee of the school or school district who is trained to take
 4813  fingerprints.
 4814         2. Instructional and noninstructional personnel who are
 4815  hired or contracted to fill positions in a school of hope as
 4816  defined in s. 1002.333, and members of the governing board of
 4817  such school of hope, upon employment, engagement of services, or
 4818  appointment, shall undergo background screening as required
 4819  under s. 1012.465 or s. 1012.56, whichever is applicable file
 4820  with the school of hope a complete set of fingerprints taken by
 4821  an authorized law enforcement agency, by an employee of the
 4822  school of hope or school district who is trained to take
 4823  fingerprints, or by any other entity recognized by the
 4824  Department of Law Enforcement to take fingerprints.
 4825         (c) Instructional and noninstructional personnel who are
 4826  hired or contracted to fill positions that require direct
 4827  contact with students in an alternative school that operates
 4828  under contract with a district school system must, upon
 4829  employment or engagement to provide services, undergo background
 4830  screening as required under s. 1012.465 or s. 1012.56, whichever
 4831  is applicable, by filing with the district school board for the
 4832  school district to which the alternative school is under
 4833  contract a complete set of fingerprints taken by an authorized
 4834  law enforcement agency or an employee of the school or school
 4835  district who is trained to take fingerprints.
 4836         (d) Student teachers and persons participating in a field
 4837  experience pursuant to s. 1004.04(5) or s. 1004.85 in any
 4838  district school system, lab school, or charter school must, upon
 4839  engagement to provide services, undergo background screening as
 4840  required under s. 1012.56.
 4841  
 4842  Required fingerprints must be submitted to the Department of Law
 4843  Enforcement for statewide criminal and juvenile records checks
 4844  and to the Federal Bureau of Investigation for federal criminal
 4845  records checks. A person subject to this subsection who is found
 4846  ineligible for employment under s. 1012.315, or otherwise found
 4847  through background screening to have been convicted of any crime
 4848  involving moral turpitude as defined by rule of the State Board
 4849  of Education, may shall not be employed, engaged to provide
 4850  services, or serve in any position that requires direct contact
 4851  with students. Probationary persons subject to this subsection
 4852  terminated because of their criminal record have the right to
 4853  appeal such decisions. The cost of the background screening may
 4854  be borne by the employer district school board, the charter
 4855  school, the employee, the contractor, or a person subject to
 4856  this subsection. A district school board shall reimburse a
 4857  charter school the cost of background screening if it does not
 4858  notify the charter school of the eligibility of a governing
 4859  board member or instructional or noninstructional personnel
 4860  within the earlier of 14 days after receipt of the background
 4861  screening results from the Florida Department of Law Enforcement
 4862  or 30 days of submission of fingerprints by the governing board
 4863  member or instructional or noninstructional personnel.
 4864         (3) A background screening required under this section
 4865  shall be conducted in accordance with s. 435.12.
 4866         (3)(a) All fingerprints submitted to the Department of Law
 4867  Enforcement as required by subsection (2) shall be retained by
 4868  the Department of Law Enforcement in a manner provided by rule
 4869  and entered in the statewide automated biometric identification
 4870  system authorized by s. 943.05(2)(b). Such fingerprints shall
 4871  thereafter be available for all purposes and uses authorized for
 4872  arrest fingerprints entered in the statewide automated biometric
 4873  identification system pursuant to s. 943.051.
 4874         (b) The Department of Law Enforcement shall search all
 4875  arrest fingerprints received under s. 943.051 against the
 4876  fingerprints retained in the statewide automated biometric
 4877  identification system under paragraph (a). Any arrest record
 4878  that is identified with the retained fingerprints of a person
 4879  subject to the background screening under this section shall be
 4880  reported to the employing or contracting school district or the
 4881  school district with which the person is affiliated. Each school
 4882  district is required to participate in this search process by
 4883  payment of an annual fee to the Department of Law Enforcement
 4884  and by informing the Department of Law Enforcement of any change
 4885  in the affiliation, employment, or contractual status or place
 4886  of affiliation, employment, or contracting of its instructional
 4887  and noninstructional personnel whose fingerprints are retained
 4888  under paragraph (a). The Department of Law Enforcement shall
 4889  adopt a rule setting the amount of the annual fee to be imposed
 4890  upon each school district for performing these searches and
 4891  establishing the procedures for the retention of instructional
 4892  and noninstructional personnel fingerprints and the
 4893  dissemination of search results. The fee may be borne by the
 4894  district school board, the contractor, or the person
 4895  fingerprinted.
 4896         (c) Personnel whose fingerprints are not retained by the
 4897  Department of Law Enforcement under paragraphs (a) and (b) must
 4898  be refingerprinted and rescreened in accordance with subsection
 4899  (2) upon reemployment or reengagement to provide services in
 4900  order to comply with the requirements of this subsection.
 4901         Section 60. The changes made to s. 1012.315, Florida
 4902  Statutes, by this act apply to individuals who are screened
 4903  after January 1, 2024.
 4904         Section 61. Effective upon this act becoming a law,
 4905  paragraph (a) of subsection (1) of section 1012.34, Florida
 4906  Statutes, is amended to read:
 4907         1012.34 Personnel evaluation procedures and criteria.—
 4908         (1) EVALUATION SYSTEM APPROVAL AND REPORTING.—
 4909         (a) For the purpose of increasing student academic
 4910  performance by improving the quality of instructional,
 4911  administrative, and supervisory services in the public schools
 4912  of the state, the district school superintendent shall establish
 4913  procedures for evaluating the performance of duties and
 4914  responsibilities of all instructional, administrative, and
 4915  supervisory personnel employed by the school district. The
 4916  procedures established by the district school superintendent set
 4917  the standards of service to be offered to the public within the
 4918  meaning of s. 447.209 and are not subject to collective
 4919  bargaining. The district school superintendent shall provide
 4920  instructional personnel the opportunity to review their class
 4921  rosters for accuracy and to correct any mistakes. The district
 4922  school superintendent shall report accurate class rosters for
 4923  the purpose of calculating district and statewide student
 4924  performance and annually report the evaluation results of
 4925  instructional personnel and school administrators to the
 4926  Department of Education in addition to the information required
 4927  under subsection (5).
 4928         Section 62. Effective January 1, 2023, section 1012.465,
 4929  Florida Statutes, is amended to read:
 4930         1012.465 Background screening requirements for certain
 4931  noninstructional school district employees and contractors.—
 4932         (1) Except as provided in s. 1012.467 or s. 1012.468,
 4933  noninstructional school district employees or contractual
 4934  personnel who are permitted access on school grounds when
 4935  students are present, who have direct contact with students or
 4936  who have access to or control of school funds must meet the
 4937  level 2 screening requirements of as described in s. 1012.32.
 4938  Contractual personnel shall include any vendor, individual, or
 4939  entity under contract with a school or the school board.
 4940         (2) Every 5 years following employment or entry into a
 4941  contract in a capacity described in subsection (1), each person
 4942  who is so employed or under contract with the school district
 4943  must meet level 2 screening requirements as described in s.
 4944  1012.32, at which time the school district shall request the
 4945  Department of Law Enforcement to forward the fingerprints to the
 4946  Federal Bureau of Investigation for the level 2 screening. If,
 4947  for any reason following employment or entry into a contract in
 4948  a capacity described in subsection (1), the fingerprints of a
 4949  person who is so employed or under contract with the school
 4950  district are not retained by the Department of Law Enforcement
 4951  under s. 1012.32(3)(a) and (b), the person must file a complete
 4952  set of fingerprints with the district school superintendent of
 4953  the employing or contracting school district. Upon submission of
 4954  fingerprints for this purpose, the school district shall request
 4955  the Department of Law Enforcement to forward the fingerprints to
 4956  the Federal Bureau of Investigation for the level 2 screening,
 4957  and the fingerprints shall be retained by the Department of Law
 4958  Enforcement under s. 1012.32(3)(a) and (b). The cost of the
 4959  state and federal criminal history check required by level 2
 4960  screening may be borne by the district school board, the
 4961  contractor, or the person fingerprinted. Under penalty of
 4962  perjury, each person who is employed or under contract in a
 4963  capacity described in subsection (1) must agree to inform his or
 4964  her employer or the party with whom he or she is under contract
 4965  within 48 hours if convicted of any disqualifying offense while
 4966  he or she is employed or under contract in that capacity.
 4967         (3) If it is found that a person who is employed or under
 4968  contract in a capacity described in subsection (1) does not meet
 4969  the screening level 2 requirements, the person shall be
 4970  immediately suspended from working in that capacity and shall
 4971  remain suspended until final resolution of any appeals.
 4972         Section 63. Effective January 1, 2023, subsections (2)
 4973  through (7) of section 1012.467, Florida Statutes, are amended
 4974  to read:
 4975         1012.467 Noninstructional contractors who are permitted
 4976  access to school grounds when students are present; background
 4977  screening requirements.—
 4978         (2)(a) A fingerprint-based criminal history check shall be
 4979  performed on each noninstructional contractor who is permitted
 4980  access to school grounds when students are present, whose
 4981  performance of the contract with the school or school board is
 4982  not anticipated to result in direct contact with students, and
 4983  for whom any unanticipated contact would be infrequent and
 4984  incidental using the process described in s. 1012.32(3).
 4985  Criminal history checks shall be performed at least once every 5
 4986  years. For the initial criminal history check, each
 4987  noninstructional contractor who is subject to the criminal
 4988  history check shall file with the Department of Law Enforcement
 4989  a complete set of fingerprints taken by an authorized law
 4990  enforcement agency or an employee of a school district, a public
 4991  school, or a private company who is trained to take
 4992  fingerprints. The fingerprints shall be electronically submitted
 4993  for state processing to the Department of Law Enforcement, which
 4994  shall in turn submit the fingerprints to the Federal Bureau of
 4995  Investigation for national processing. The results of each
 4996  criminal history check shall be reported to the school district
 4997  in which the individual is seeking access and entered into the
 4998  shared system described in subsection (7). The school district
 4999  shall screen the results using the disqualifying offenses in
 5000  paragraph (b) (g). The cost of the criminal history check may be
 5001  borne by the district school board, the school, or the
 5002  contractor. A fee that is charged by a district school board for
 5003  such checks may not exceed 30 percent of the total amount
 5004  charged by the Department of Law Enforcement and the Federal
 5005  Bureau of Investigation.
 5006         (b) As authorized by law, the Department of Law Enforcement
 5007  shall retain the fingerprints submitted by the school districts
 5008  pursuant to this subsection to the Department of Law Enforcement
 5009  for a criminal history background screening in a manner provided
 5010  by rule and enter the fingerprints in the statewide automated
 5011  biometric identification system authorized by s. 943.05(2)(b).
 5012  The fingerprints shall thereafter be available for all purposes
 5013  and uses authorized for arrest fingerprints entered into the
 5014  statewide automated biometric identification system under s.
 5015  943.051.
 5016         (c) As authorized by law, the Department of Law Enforcement
 5017  shall search all arrest fingerprints received under s. 943.051
 5018  against the fingerprints retained in the statewide automated
 5019  biometric identification system under paragraph (b).
 5020         (d) School districts may participate in the search process
 5021  described in this subsection by paying an annual fee to the
 5022  Department of Law Enforcement.
 5023         (e) A fingerprint retained pursuant to this subsection
 5024  shall be purged from the automated biometric identification
 5025  system 5 years following the date the fingerprint was initially
 5026  submitted. The Department of Law Enforcement shall set the
 5027  amount of the annual fee to be imposed upon each participating
 5028  agency for performing these searches and establishing the
 5029  procedures for retaining fingerprints and disseminating search
 5030  results. The fee may be borne as provided by law. Fees may be
 5031  waived or reduced by the executive director of the Department of
 5032  Law Enforcement for good cause shown.
 5033         (f) A noninstructional contractor who is subject to a
 5034  criminal history check under this section shall inform a school
 5035  district that he or she has completed a criminal history check
 5036  in another school district within the last 5 years. The school
 5037  district shall verify the results of the contractor’s criminal
 5038  history check using the shared system described in subsection
 5039  (7). The school district may not charge the contractor a fee for
 5040  verifying the results of his or her criminal history check.
 5041         (b)(g) A noninstructional contractor for whom a criminal
 5042  history check is required under this section may not have been
 5043  convicted of any of the following offenses designated in the
 5044  Florida Statutes, any similar offense in another jurisdiction,
 5045  or any similar offense committed in this state which has been
 5046  redesignated from a former provision of the Florida Statutes to
 5047  one of the following offenses:
 5048         1. Any offense listed in s. 943.0435(1)(h)1., relating to
 5049  the registration of an individual as a sexual offender.
 5050         2. Section 393.135, relating to sexual misconduct with
 5051  certain developmentally disabled clients and the reporting of
 5052  such sexual misconduct.
 5053         3. Section 394.4593, relating to sexual misconduct with
 5054  certain mental health patients and the reporting of such sexual
 5055  misconduct.
 5056         4. Section 775.30, relating to terrorism.
 5057         5. Section 782.04, relating to murder.
 5058         6. Section 787.01, relating to kidnapping.
 5059         7. Any offense under chapter 800, relating to lewdness and
 5060  indecent exposure.
 5061         8. Section 826.04, relating to incest.
 5062         9. Section 827.03, relating to child abuse, aggravated
 5063  child abuse, or neglect of a child.
 5064         (3) If it is found that a noninstructional contractor has
 5065  been convicted of any of the offenses listed in paragraph (2)(b)
 5066  (2)(g), the individual shall be immediately suspended from
 5067  having access to school grounds and shall remain suspended
 5068  unless and until the conviction is set aside in any
 5069  postconviction proceeding.
 5070         (4) A noninstructional contractor who has been convicted of
 5071  any of the offenses listed in paragraph (2)(b) (2)(g) may not be
 5072  permitted on school grounds when students are present unless the
 5073  contractor has received a full pardon or has had his or her
 5074  civil rights restored. A noninstructional contractor who is
 5075  present on school grounds in violation of this subsection
 5076  commits a felony of the third degree, punishable as provided in
 5077  s. 775.082 or s. 775.083.
 5078         (5) If a school district has reasonable cause to believe
 5079  that grounds exist for the denial of a contractor’s access to
 5080  school grounds when students are present, it shall notify the
 5081  contractor in writing, stating the specific record that
 5082  indicates noncompliance with the standards set forth in this
 5083  section. It is the responsibility of the affected contractor to
 5084  contest his or her denial. The only basis for contesting the
 5085  denial is proof of mistaken identity or that an offense from
 5086  another jurisdiction is not disqualifying under paragraph (2)(b)
 5087  (2)(g).
 5088         (6) Each contractor who is subject to the requirements of
 5089  this section shall agree to inform his or her employer or the
 5090  party to whom he or she is under contract and the school
 5091  district within 48 hours if he or she is arrested for any of the
 5092  disqualifying offenses in paragraph (2)(b) (2)(g). A contractor
 5093  who willfully fails to comply with this subsection commits a
 5094  felony of the third degree, punishable as provided in s. 775.082
 5095  or s. 775.083. If the employer of a contractor or the party to
 5096  whom the contractor is under contract knows the contractor has
 5097  been arrested for any of the disqualifying offenses in paragraph
 5098  (2)(b) (2)(g) and authorizes the contractor to be present on
 5099  school grounds when students are present, such employer or such
 5100  party commits a felony of the third degree, punishable as
 5101  provided in s. 775.082 or s. 775.083.
 5102         (7)(a) The Department of Law Enforcement shall implement a
 5103  system that allows for the results of a criminal history check
 5104  provided to a school district to be shared with other school
 5105  districts through a secure Internet website or other secure
 5106  electronic means. School districts must accept reciprocity of
 5107  level 2 screenings for Florida High School Athletic Association
 5108  officials.
 5109         (b) An employee of a school district, a charter school, a
 5110  lab school, a charter lab school, or the Florida School for the
 5111  Deaf and the Blind who requests or shares criminal history
 5112  information under this section is immune from civil or criminal
 5113  liability for any good faith conduct that occurs during the
 5114  performance of and within the scope of responsibilities related
 5115  to the record check.
 5116         (c) This subsection is repealed July 31, 2026.
 5117         Section 64. Effective January 1, 2023, present paragraph
 5118  (c) of subsection (10) of section 1012.56, Florida Statutes, is
 5119  redesignated as paragraph (d), and paragraph (b) of that
 5120  subsection is amended, to read:
 5121         1012.56 Educator certification requirements.—
 5122         (10) BACKGROUND SCREENING REQUIRED, INITIALLY AND
 5123  PERIODICALLY.—
 5124         (b) To maintain the safety and well-being of children and
 5125  the integrity of the system of public education, a person may
 5126  not be certified receive a certificate under this chapter to
 5127  have the responsibility for the safety and well-being of
 5128  children until the person’s screening under s. 1012.32 is
 5129  completed and the results have been submitted to the Department
 5130  of Education or to the person’s employer district school
 5131  superintendent of the school district that employs the person.
 5132  Every 5 years after obtaining initial certification, each person
 5133  who is required to be certified under this chapter must be
 5134  rescreened in accordance with s. 1012.32, at which time the
 5135  employer school district shall request the Department of Law
 5136  Enforcement to forward the fingerprints to the Federal Bureau of
 5137  Investigation for federal criminal records checks pursuant to s.
 5138  435.12.
 5139         (c) If, for any reason after obtaining initial
 5140  certification, the fingerprints of a person who is required to
 5141  be certified under this chapter are not retained by the
 5142  Department of Law Enforcement under s. 1012.32(3) s.
 5143  1012.32(3)(a) and (b), the person must file a complete set of
 5144  fingerprints with the employer district school superintendent of
 5145  the employing school district. Upon submission of fingerprints
 5146  for this purpose, the employer school district shall request the
 5147  Department of Law Enforcement to forward the fingerprints to the
 5148  Federal Bureau of Investigation for federal criminal records
 5149  checks, and the fingerprints shall be retained by the Department
 5150  of Law Enforcement under s. 1012.32(3) s. 1012.32(3)(a) and (b).
 5151  The cost of the state and federal criminal history checks
 5152  required by paragraph (a) and this paragraph may be borne by the
 5153  employer district school board or the employee. Under penalty of
 5154  perjury, each person who is certified under this chapter must
 5155  agree to inform his or her employer within 48 hours if convicted
 5156  of any disqualifying offense while he or she is employed in a
 5157  position for which such certification is required.
 5158         Section 65. The changes made to ss. 1012.32 and 1012.56,
 5159  Florida Statutes, by this act must be implemented by January 1,
 5160  2024, or by a later date determined by the Agency for Health
 5161  Care Administration.
 5162         Section 66. Subsection (4) of section 1012.584, Florida
 5163  Statutes, is amended to read:
 5164         1012.584 Continuing education and inservice training for
 5165  youth mental health awareness and assistance.—
 5166         (4) Each school district shall notify all school personnel
 5167  who have received training pursuant to this section of mental
 5168  health services that are available in the school district, and
 5169  the individual to contact if a student needs services. The term
 5170  “mental health services” includes, but is not limited to,
 5171  community mental health services, health care providers, and
 5172  services provided under ss. 1006.04 and 1011.62(13) 1011.62(14).
 5173         Section 67. Section 1003.4204, Florida Statutes, is created
 5174  to read:
 5175         1003.4204 Safer, Smarter Schools Program.As authorized by
 5176  and consistent with funding appropriated in the General
 5177  Appropriations Act, the Safer, Smarter Schools Program is
 5178  created to implement the revised Health Education standards
 5179  established pursuant to s. 1003.42(2). The program shall provide
 5180  students and educators with a comprehensive personal safety
 5181  curriculum that helps students attain the protective principles
 5182  to remain safe from abuse and exploitation.
 5183         Section 68. Subsection (4) of section 1013.40, Florida
 5184  Statutes, is amended to read:
 5185         1013.40 Planning and construction of Florida College System
 5186  institution facilities; property acquisition.—
 5187         (4) The campus of a Florida College System institution
 5188  within a municipality designated as an area of critical state
 5189  concern, as defined in s. 380.05, and having a comprehensive
 5190  plan and land development regulations containing a building
 5191  permit allocation system that limits annual growth, may
 5192  construct dormitories for up to 340 300 beds for Florida College
 5193  System institution students, and an additional 25 beds for
 5194  employees, educators, and first responders. Such dormitories are
 5195  exempt from the building permit allocation system and may be
 5196  constructed up to 60 45 feet in height if the dormitories are
 5197  otherwise consistent with the comprehensive plan, the Florida
 5198  College System institution has a hurricane evacuation plan that
 5199  requires all dormitory occupants to be evacuated 48 hours in
 5200  advance of tropical force winds, and transportation is provided
 5201  for dormitory occupants during an evacuation. State funds and
 5202  tuition and fee revenues may not be used for construction, debt
 5203  service payments, maintenance, or operation of such dormitories.
 5204  Additional dormitory beds constructed after July 1, 2016, may
 5205  not be financed through the issuance of bonds by the Florida
 5206  College System institution; however, bonds may be issued by
 5207  nonpublic entities as part of a public-private partnership
 5208  between the college and a nonpublic entity.
 5209         Section 69. Except as otherwise expressly provided in this
 5210  act and except for this section, which shall take effect upon
 5211  this act becoming a law, this act shall take effect July 1,
 5212  2022.

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