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 Vocational341Rehabilitation 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. 381An employee who has undergone a fingerprint-based criminal382history check by a specified agency before the clearinghouse is383operational is not required to be checked again solely for the384purpose of entry in the clearinghouse. Every employee who is or385will become subject to fingerprint-based criminal history checks386to be eligible to be licensed, have their license renewed, or387meet screening or rescreening requirements by a specified agency388once the specified agency participates in the clearinghouse389shall be subject to the requirements of this section with390respect to entry of records in the clearinghouse and retention391of fingerprints for reporting the results of searching against392state 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. EstablishEstablishingand maintainmaintaininga 404 database on nursing supply and demand in the state, to include 405 current supply and demand.;406 b.2.AnalyzeAnalyzingthe current and future supply and 407 demand in the state andmaking future projections of such,408including assessingthe impact of this state’s participation in 409 the Nurse Licensure Compact under s. 464.0095.; and410 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 preceptorsSelecting from the plan416priorities 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, other430health care providers, business and industry, consumers,431legislators, and educators to:4321.Review and comment on data analysis prepared for the433center;4342.Recommend systemic changes, including strategies for435implementation of recommended changes; and4363.Evaluate and report the results of these efforts to the437Legislature 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 section451 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 sectiondoes 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. 1002.45school 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. 1008.341school, 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. 1002.45school 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 2022-20232021-2022, the 3 635 year2-yeargraduation 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 weekscurrentandmustbe 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 715Address the availability oftransportation 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. AHowever, in the case of a charter lab school, the1032 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 classrooms1060allocation. 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 1105contract, standard evaluation instrument, and standard charter 1106 and virtual charter renewal contractscontract, 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-checkbefore each distribution of fundsthe list 1122 of participating scholarship students with the public school 1123 enrollment listsbefore each scholarship paymentto 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 membershippublic school1187student 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: 1190a.Received a scholarship pursuant to s. 1002.395 during1191the previous school year but did not receive a renewal1192scholarship based solely on the eligible nonprofit scholarship1193funding organization’s lack of available funds after the1194organization fully exhausted its efforts to use funds available1195for awards under ss. 1002.395 and 1002.40(11)(i). Eligible1196nonprofit scholarship-funding organizations with students who1197meet the criterion in this subparagraph must annually notify the1198department in a format and by a date established by the1199department. The maximum number of scholarships awarded pursuant1200to 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 membershipFlorida Education Finance Programsurveys 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 1,1244September 1, December 1, and February 1 that an application has1245been approved for the program, the department shall verify that1246the student is not prohibited from receiving a scholarship1247pursuant 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 1250verification, 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 128220,000students annually beginning in the 2022-20232021-20221283 school year. Beginning in the 2023-20242022-2023school 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 membershipenrollment, 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 districtlocalschool 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 membershipFlorida Education Finance Programsurveys 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 1314Florida Education Finance Programsurveys, 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 1,1354September 1, December 1, and February 1 that an application has1355been approved for the program, the department shall verify that1356the student is not prohibited from receiving a scholarship1357pursuant 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 documentationverification, 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 schoolin which a student is enrolled andthat 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, oris limited to1482 $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 studentin grades 3 through15025who 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 thegrade 31506or grade 4statewide, 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 kindergartengrades 3through 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 435.12s. 943.0542and 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 BoardDepartmentof 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 quality1582virtual instruction available to students using online and1583distance learningtechnology 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 1600withthe 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). 1605Using this option is subject to the requirements of this section1606and s. 1011.61(1)(c)1.b.(III) and (IV) and (4). A district may1607report full-time equivalent student membership for credit earned1608by a student who is enrolled in a virtual education course1609provided by the district which wascompleted after the end of1610the regular school year if the FTE is reported no later than the1611deadline for amending the final student membership report for1612that 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 1623under paragraph (b) for students enrolled in the school1624district. A full-time program shall operate under its own Master1625School 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 arrangementsthat may beexecuted 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 amountamountspaid per unweighted full 1655 time equivalent virtual student for services procured pursuant 1656 to subparagraphs (c)1. and 2. 1657 2. Expend anythedifference in the amount of funds per 1658 unweighted full-time equivalent virtual student allocated to 1659provided for a student participating inthe school district 1660virtual instructionprogrampursuant to subsection (6)(7)and 1661 the amountpricepaid 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. onfor1664 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 departmentandby September 1 of each 1668 yearreport to the departmentan itemized list of items acquired 1669 in subparagraph 2with these funds. 1670 4.3.Limit the enrollment ofvirtualfull-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 enrolledvirtualfull-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 morevirtualfull-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 1684onlinea list of providers approved by the State Board of 1685 Education to offer virtual instruction programs. To be approved 1686by 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 informationposted and accessible onlinethat 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 instructiononlinecourses 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 Educationdepartmentmay 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 maydepartment shall1727determine whether togrant 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. Publishesfor 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 programaprovider 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 auditwhich isin accordance with 1768 rules adopted by the Auditor General and, is conductedin 1769 compliance with generally accepted auditing standards, and 1770 includeincludesa 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 ofduring the3 school 1781 years after the date ofthe department’sapproval by the State 1782 Board of Educationunder paragraph (a) as long as the provider1783continues to comply with all requirements of this section.1784However, each provider approved by the department for the 201117852012 school year must reapply for approval to provide a part1786time 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 instructionvirtually1791deliveredcourse 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 virtual1851instruction program provided by the school district or by a1852virtual charter school pursuant to s. 1002.455.1853 (5)(6)STUDENT PARTICIPATION REQUIREMENTS.—Each student 1854 enrolled in the school district’savirtual instruction program 1855 authorized pursuant to paragraph (1)(c)or virtual charter1856schoolmust: 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 yearStudents enrolled in a virtual instruction1881program or a virtual charter school shall be funded through the1882Florida Education Finance Program as provided in the General1883Appropriations Act. However, such funds may not be provided for1884the purpose of fulfilling the class size requirements in ss.18851003.03 and 1011.685. The school district providing the virtual1886instruction shall report the full-time equivalent students for a1887virtual instruction program or a virtual charter school to the1888department 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 a1902virtual charter school, “full-time equivalent student” has the1903same meaning as provided in s. 1011.61(1)(c)1.b.(III) or (IV).1904(c)For a student enrolled in a kindergarten through grade190512 virtual instruction program, a “full-time equivalent student”1906has the same meaning as provided in s. 1011.61(1)(c)1.b.(III)1907and (IV).1908(d)The full-time equivalent student membership calculated1909under this subsection is subject to the requirements in s.19101011.61(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 tounderthis 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. Theschool1923grade orschool 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 districtnonvirtualschool 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 tounders. 1950 1008.34 or a school improvement rating of “Unsatisfactory” 1951 pursuant tounders. 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 performanceto develop a plan for correction and1955improvement. 1956 (d) An approved virtual instruction program provider’s 1957 contract is automaticallymust beterminated if the provider 1958 earns two consecutivereceives aschool gradesgradeof“D” or1959 “F” pursuant tounders. 1008.34 after all school grade appeals 1960 are final or earns two consecutiveaschool improvement ratings 1961ratingof “Unsatisfactory” pursuant tounders. 1008.341for 21962years during any consecutive 4-year periodor has violated any 1963 qualification requirement pursuant to subsection (2). An 1964 approved virtual instruction programAprovider that has a 1965 contract terminated under this paragraph may not be considered 1966 an approved virtual instruction program provider fora period of1967 at least 1 year after the date upon which the contract was 1968 terminated and until the State Board of Educationdepartment1969 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 districtunder 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.19901002.33to 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 tounders. 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.20211002.89(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 annualbiennial2028 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. 1002.90or an alternative model that has2031been approved by the Administration for Children and Families2032pursuant 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.20571002.85(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 ratesAdopt a payment2140schedule that encompasses all programs funded under this part2141and part V of this chapter. The payment schedule must take into2142consideration the prevailing market rate or an alternative model2143that has been approved by the Administration for Children and2144Families pursuant to 45 C.F.R. s. 98.45(c), include the2145projected number of children to be served, and be submitted for2146approval by the department. Informal child care arrangements2147shall be reimbursed at not more than 50 percent of the rate2148adopted 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 care2165level.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. 21777.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 byallocated amongthe early learning 2234 coalitions in accordance with this partsectionand 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 a2288mandatory sliding fee scale shall be used to increase the number2289of 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 scheduleuntil an alternative model2383that has been approved by the Administration for Children and2384Families pursuant to 45 C.F.R. s. 98.45(c) is available for2385adoption. 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 limited2398to, aChild care providersproviderthat holdholdsa Gold Seal 2399 Quality Care designation under s. 1002.945 and adhereadheresto 2400 theiritsaccrediting association’s teacher-to-child ratios and 2401 group size requirements., a2402 (b) Child care providersfacilitylicensed under s. 2403 402.305,a public or nonpublic school exempt from licensure2404under s. 402.3025, afaith-based child care providersfacility2405 exempt from licensure under s. 402.316 that dodoesnot hold a 2406 Gold Seal Quality Care designation, andalarge family child 2407 care homeshomelicensed 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 aFamily day care homeshomelicensed 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 2419preschool-agechildren, 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 for2425multiple 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 an2445early learning coalition in the adoption of a payment schedule.2446The payment schedule must take into consideration the prevailing2447market rate and include the projected number of children to be2448served by each county and be submitted for approval by the2449department. Informal child care arrangements shall be reimbursed2450at not more than 50 percent of the rate adopted for a family day2451care 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 1002.90 School 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; PURPOSEADMINISTRATION. 2530 The purpose of the New Worlds Reading Initiativeisestablished 2531 under the department is toimprove literacy skills andinstill 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 materialsfor parents of students in the2596initiative, that engage families in reading and support the 2597 reading achievement of their studentsIncludingbriefvideo2598training modules, which engage families in reading and assist2599with 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,2602tips for facilitating reading at home and hyperlinks to the2603video 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 subsectionparagraph, 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) 2678subparagraph (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 forEligible students enrolled in juvenile 2722 justice education programs shall be funded the same as students 2723 enrolled in traditional public schools funded inprovided2724throughthe Florida Education Finance Program and as specified 2725providedin s. 1011.62 and the General Appropriations Act. 2726Funding shall include, at a minimum:27271.Weighted program funding or the basic amount for current2728operation multiplied by the district cost differential as2729provided in s. 1011.62(2);27302.The supplemental allocation for juvenile justice2731education as provided in s. 1011.62(9);27323.A proportionate share of the district’s exceptional2733student education guaranteed allocation, the supplemental2734academic instruction allocation, and the instructional materials2735allocation;27364.An amount equivalent to the proportionate share of the2737state average potential discretionary local effort for2738operations, which shall be determined as follows:2739a.If the district levies the maximum discretionary local2740effort and the district’s discretionary local effort per FTE is2741less than the state average potential discretionary local effort2742per FTE, the proportionate share shall include both the2743discretionary local effort and the compression supplement per2744FTE. If the district’s discretionary local effort per FTE is2745greater than the state average per FTE, the proportionate share2746shall be equal to the state average; or2747b.If the district does not levy the maximum discretionary2748local effort and the district’s actual discretionary local2749effort per FTE is less than the state average potential2750discretionary local effort per FTE, the proportionate share2751shall be equal to the district’s actual discretionary local2752effort per FTE. If the district’s actual discretionary local2753effort per FTE is greater than the state average per FTE, the2754proportionate share shall be equal to the state average2755potential local effort per FTE; and27565.A proportionate share of the district’s proration to2757funds 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.27741011.62(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, bybeginning2797 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 gap2804analysis of the supply and demand of the health care workforce.2805Demand must align with the Labor Market Estimating Conference2806created 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 2815or s. 1009.891,shall provide data, by institution and program, 2816 on: 2817 1. The numberand typeofprograms andstudent slots 2818 available. 2819 2. The number of student applications submitted, the number 2820 of qualified student applicants,andthe 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 2847asurvey 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. 1009.897or 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 practicesThe use2885of 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 2902Documentation from the program that each program candidate met2903the admission requirements provided in subsection (3). 29042.Documentation from the program that the program and each2905program completer have met the requirements provided in2906subsection (2).2907 2.3.Evidence of performance in each of the following 2908 areas: 2909a.Placement rate of program completers into instructional2910positions in Florida public schools and private schools, if2911available.2912b.Rate of retention for employed program completers in2913instructional 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. 2918d.Performance of students in prekindergarten through grade291912 who are assigned to in-field program completers aggregated by2920student subgroup, as defined in the federal Elementary and2921Secondary Education Act (ESEA), 20 U.S.C. s.29226311(b)(2)(C)(v)(II), as a measure of how well the program2923prepares teachers to work with a diverse population of students2924in 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 preserviceThe length of structuredfield 2969 experience must be completed before the culminating field 2970 experience, which must include a minimum of 12 weeks of student 2971 teachingexperiences may be extended to ensure that candidates2972achieve the competencies needed to meet certification2973requirements. 2974 Section 35. Section 1004.6496, Florida Statutes, is created 2975 to read: 2976 1004.6496 Hamilton 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 practicesThe use3043of 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 3074Documentation from the program that each program completer has3075met the requirements of paragraphs (3)(a)-(c). 3076 (b) Evidence of performance in each of the following areas: 30771.Placement rate of program completers into instructional3078positions in Florida public schools and private schools, if3079available.30802.Rate of retention for employed program completers in3081instructional 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. 30864.Performance of students in prekindergarten through grade308712 who are assigned to in-field program completers aggregated by3088student subgroups, as defined in the federal Elementary and3089Secondary Education Act (ESEA), 20 U.S.C. s.30906311(b)(2)(C)(v)(II), as a measure of how well the program3091prepares teachers to work with a diverse population of students3092in 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 completerscandidates. 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 shallmayadopt rules 3114 pursuant to ss. 120.536(1) and 120.54 to implementthe3115provisions ofthis 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 basisincluding performance3123targets for the measures used for continued program approval3124described 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 sitesto allow students to participate in a career education3320program that is not offered at the high school in which such3321students are enrolledbut 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 bea passenger car or multipurpose3329passenger 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., and3542 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 studentsfrom Florida public high schoolsfree of charge. A 3566 postsecondary institution may not require payment for 3567 instructional materials costs eligible for reimbursement under 3568 s. 1009.30This subsection does not prohibit a Florida College3569System institution from providing instructional materials at no3570cost to a home education student or student from a private3571school. 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 owninstructional3588materials andtransportation 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 owninstructional materials andtransportation. 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 1007.36 Inclusive 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 planflexibility waiverapproved 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 3638flexibility 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 planflexibility3650waiverapproved 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,” 3656two 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,ora 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 ofearns3685three 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 thereofoperate 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 annuallyperiodicallyreview 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 Whenthe school grading scale to determine if the scale should3756be adjusted upward to meet raised expectations and encourage3757increased student performance. Ifthe state board adjusts the 3758 grading scale upward, the state board must inform the publicand3759the school districtsof thereasons for anddegree 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 10eightPrograms 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 studentsduring the3816fall 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 thepreviousfall 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 costsbased on a rate specified in the General3834Appropriations Act. 3835(7)For dual enrollment courses taken during the fall and3836spring terms, the department must reimburse institutions by3837April 15 of the same year. For dual enrollment courses taken3838during the summer term, the department must reimburse3839institutions by August 15 of the same year, before the beginning3840of 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),andcharter 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 this3890section, a student must complete the Free Application for3891Federal Student Aid for each academic year in which the grant is3892sought.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 1009.896 Linking 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 1009.897 Prepping 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, 9590percent. 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 of4078Governors and may be imposed on a sliding scale based on ability4079to 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 the4175required additional hour of instruction beyond the normal school4176day for each day of the entire school year has been provided for4177the students in each low-performing elementary school in the4178district pursuant to paragraph (8)(a).41793.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). 41916.Funds for the Florida digital classrooms allocation as4192provided 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 its4198evidence-based reading instruction allocation, the board must4199also submit to the Department of Education an amendment4200describing the changes that the district is making to its4201reading 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 30,00024,000. 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 30,00024,000, 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 prekindergartenkindergartenthrough grade 12,including4238certain students who have completed the Voluntary4239Prekindergarten Education Program and whoare at risk of being4240identified as having a substantial deficiency in early literacy4241skills under s. 1008.25(8)(c).Each school district that has one4242or more of the 300 lowest-performing elementary schools based on4243a 3-year average of the state reading assessment data must use4244the school’s portion of the allocation to provide an additional4245hour per day of intensive reading instruction for the students4246in each school. The additional hour may be provided within the4247school day. Students enrolled in these schools who earned a4248level 4 or level 5 score on the statewide, standardized English4249Language Arts assessment for the previous school year may4250participate in the additional hour of instruction. Exceptional4251student education centers may not be included in the 3004252schools. The4253 (b) Intensive reading instruction for students who have 4254 reading deficiencies mustdelivered in this additional hour4255shallinclude:evidence-based reading instructionthat has been4256 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-12K-12programs and 4277 certain students who exhibit a substantial deficiency in early 4278 literacyand completed the Voluntary Prekindergarten Education4279Program pursuant to s. 1008.25(5)(b), which may include the 4280 following: 4281 1. Additional timeAn additional hourper day of evidence 4282 based intensive reading instruction to students, which may be 4283 delivered during or outside of the regular school dayin the 3004284lowest-performing elementary schools by teachers and reading4285specialists who have demonstrated effectiveness in teaching4286reading as required in paragraph (a). 4287 2. Kindergarten through grade 125evidence-based intensive 4288 reading interventionsprovided by reading intervention teachers4289during the school day and in the required extra hour for4290students 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 developmentfor school district teachers in4297scientifically researched and evidence-based reading4298instruction, including strategies to teach reading in content4299areas 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 Programschool4302district teachersearn a certification, a credential,oran 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 52who demonstrate a reading 4310 deficiency as determined by district and state assessments,4311students in grades 3 through 5 who score at Level 1 on the4312statewide, standardized English Language Arts assessment, and4313certain students who exhibit a substantial deficiency in early4314literacy and completed the Voluntary Prekindergarten Education4315Program 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 literacyEvidence-based4324intensive reading interventions for students in kindergarten4325through grade 12 who have been identified as having a4326substantial reading deficiency or who are reading below grade4327level as determined by the statewide, standardized English4328Language Arts assessment or for certain students who exhibit a4329substantial deficiency in early literacy and completed the4330Voluntary Prekindergarten Education Program under s.43311008.25(5)(b). 4332 8. Tutoring in reading. 4333 (e)1.(d)1.Annually, by a date determined by the Department 4334 of Educationbut before May 1, each school districtdistricts4335 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 planin the format prescribed4341by the department for review and approval by the Just Read,4342Florida! Office created pursuant to s. 1001.215.The plan format4343shall be developed with input from school district personnel,4344including teachers and principals, and shall provide for4345intensive reading interventions identified through a root-cause4346analysis of student performance data and reflection tool4347developed by the department to evaluate the effectiveness of4348interventions 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 districtwith an approved planits allocation of 4367 appropriated funds.If a school district and the Just Read,4368Florida! Office cannot reach agreement on the contents of the4369plan, the school district may appeal to the State Board of4370Education for resolution. School districts shall be allowed4371reasonable flexibility in designing their plans and shall be4372encouraged to offer reading intervention through innovative4373methods, including career academies. The department shall4374withhold funds upon a determination that reading instruction4375allocation funds are not being used to implement the approved4376plan.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. 43843. Each school district that has a school designated as one4385of the 300 lowest-performing elementary schools as specified in4386paragraph (a) shall specifically delineate in the comprehensive4387reading plan, or in an addendum to the comprehensive reading4388plan, the implementation design and reading intervention4389strategies that will be used for the required additional hour of4390reading instruction. The term “reading intervention” includes4391evidence-based strategies frequently used to remediate reading4392deficiencies and also includes individual instruction, tutoring,4393mentoring, or the use of technology that targets specific4394reading 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 to4402support the efforts of school districts and schools, including4403charter schools, to integrate technology in classroom teaching4404and learning to ensure students have access to high-quality4405electronic and digital instructional materials and resources,4406and empower classroom teachers to help their students succeed.4407Each school district shall receive a minimum digital classrooms4408allocation in the amount provided in the General Appropriations4409Act. The remaining balance of the digital classrooms allocation4410shall be allocated based on each school district’s proportionate4411share of the state’s total unweighted full-time equivalent4412student enrollment.4413(b) Funds allocated under this subsection must be used for4414costs associated with:44151. Acquiring and maintaining the items on the eligible4416services list authorized by the Universal Service Administrative4417Company for the Schools and Libraries Program, more commonly4418referred to as the federal E-rate program.44192. Acquiring computer and device hardware and associated4420operating system software that comply with the requirements of4421s. 1001.20(4)(a)1.b.44223. Providing professional development, including in-state4423conference attendance or online coursework, to enhance the use4424of 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.—The4448Legislature may provide an annual funding compression and hold4449harmless allocation in the General Appropriations Act. The4450allocation is created to provide additional funding to school4451districts if the school district’s total funds per FTE in the4452prior year were less than the statewide average or if the school4453district’s district cost differential in the current year is4454less than the prior year. The total allocation shall be4455distributed to eligible school districts as follows:4456(a) Using the most recent prior year FEFP calculation for4457each eligible school district, subtract the total school4458district funds per FTE from the state average funds per FTE, not4459including any adjustments made pursuant to paragraph (17)(b).4460The resulting funds per FTE difference, or a portion thereof, as4461designated in the General Appropriations Act, shall then be4462multiplied by the school district’s total unweighted FTE.4463(b) Multiply the absolute value of the difference between4464the eligible school district’s current year district cost4465differential and the prior year district cost differential by a4466hold harmless factor as designated in the General Appropriations4467Act. The result is the district cost differential hold harmless4468index. Multiply the index by the eligible school district’s4469weighted FTE and by the base student allocation as designated in4470the General Appropriations Act.4471(c) For each district, select the greater of the amounts4472calculated in paragraphs (a) and (b) and upon summation, if the4473total amount is greater than the amount included in the General4474Appropriations Act, the allocation shall be prorated to the4475appropriation amount based on each participating school4476district’s share.4477 4478This 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 whenthe4493 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, by4809filing with the district school board for the school district in4810which the charter school is located a complete set of4811fingerprints taken by an authorized law enforcement agency or an4812employee of the school or school district who is trained to take4813fingerprints. 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 applicablefile4820with the school of hope a complete set of fingerprints taken by4821an authorized law enforcement agency, by an employee of the4822school of hope or school district who is trained to take4823fingerprints, or by any other entity recognized by the4824Department 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 the4832school district to which the alternative school is under4833contract a complete set of fingerprints taken by an authorized4834law enforcement agency or an employee of the school or school4835district 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 4842Required fingerprints must be submitted to the Department of Law4843Enforcement for statewide criminal and juvenile records checks4844and to the Federal Bureau of Investigation for federal criminal4845records 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, mayshallnot be employed, engaged to provide 4850 services, or serve in any position that requires direct contact 4851 with students.Probationary persons subject to this subsection4852terminated because of their criminal record have the right to4853appeal such decisions.The cost of the background screening may 4854 be borne by the employerdistrict school board, the charter4855school, the employee, the contractor,or a person subject to 4856 this subsection.A district school board shall reimburse a4857charter school the cost of background screening if it does not4858notify the charter school of the eligibility of a governing4859board member or instructional or noninstructional personnel4860within the earlier of 14 days after receipt of the background4861screening results from the Florida Department of Law Enforcement4862or 30 days of submission of fingerprints by the governing board4863member 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 Law4867Enforcement as required by subsection (2) shall be retained by4868the Department of Law Enforcement in a manner provided by rule4869and entered in the statewide automated biometric identification4870system authorized by s. 943.05(2)(b). Such fingerprints shall4871thereafter be available for all purposes and uses authorized for4872arrest fingerprints entered in the statewide automated biometric4873identification system pursuant to s. 943.051.4874(b) The Department of Law Enforcement shall search all4875arrest fingerprints received under s. 943.051 against the4876fingerprints retained in the statewide automated biometric4877identification system under paragraph (a). Any arrest record4878that is identified with the retained fingerprints of a person4879subject to the background screening under this section shall be4880reported to the employing or contracting school district or the4881school district with which the person is affiliated. Each school4882district is required to participate in this search process by4883payment of an annual fee to the Department of Law Enforcement4884and by informing the Department of Law Enforcement of any change4885in the affiliation, employment, or contractual status or place4886of affiliation, employment, or contracting of its instructional4887and noninstructional personnel whose fingerprints are retained4888under paragraph (a). The Department of Law Enforcement shall4889adopt a rule setting the amount of the annual fee to be imposed4890upon each school district for performing these searches and4891establishing the procedures for the retention of instructional4892and noninstructional personnel fingerprints and the4893dissemination of search results. The fee may be borne by the4894district school board, the contractor, or the person4895fingerprinted.4896(c) Personnel whose fingerprints are not retained by the4897Department of Law Enforcement under paragraphs (a) and (b) must4898be refingerprinted and rescreened in accordance with subsection4899(2) upon reemployment or reengagement to provide services in4900order 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 4937level 2screening requirements ofas described ins. 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 a4941contract in a capacity described in subsection (1), each person4942who is so employed or under contract with the school district4943must meet level 2 screening requirements as described in s.49441012.32, at which time the school district shall request the4945Department of Law Enforcement to forward the fingerprints to the4946Federal Bureau of Investigation for the level 2 screening. If,4947for any reason following employment or entry into a contract in4948a capacity described in subsection (1), the fingerprints of a4949person who is so employed or under contract with the school4950district are not retained by the Department of Law Enforcement4951under s. 1012.32(3)(a) and (b), the person must file a complete4952set of fingerprints with the district school superintendent of4953the employing or contracting school district. Upon submission of4954fingerprints for this purpose, the school district shall request4955the Department of Law Enforcement to forward the fingerprints to4956the Federal Bureau of Investigation for the level 2 screening,4957and the fingerprints shall be retained by the Department of Law4958Enforcement 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 screeninglevel 2requirements, 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). 4985Criminal history checks shall be performed at least once every 54986years. For the initial criminal history check, each4987noninstructional contractor who is subject to the criminal4988history check shall file with the Department of Law Enforcement4989a complete set of fingerprints taken by an authorized law4990enforcement agency or an employee of a school district, a public4991school, or a private company who is trained to take4992fingerprints. The fingerprints shall be electronically submitted4993for state processing to the Department of Law Enforcement, which4994shall in turn submit the fingerprints to the Federal Bureau of4995Investigation 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 for5003such checks may not exceed 30 percent of the total amount5004charged by the Department of Law Enforcement and the Federal5005Bureau of Investigation.5006(b) As authorized by law, the Department of Law Enforcement5007shall retain the fingerprints submitted by the school districts5008pursuant to this subsection to the Department of Law Enforcement5009for a criminal history background screening in a manner provided5010by rule and enter the fingerprints in the statewide automated5011biometric identification system authorized by s. 943.05(2)(b).5012The fingerprints shall thereafter be available for all purposes5013and uses authorized for arrest fingerprints entered into the5014statewide automated biometric identification system under s.5015943.051.5016(c) As authorized by law, the Department of Law Enforcement5017shall search all arrest fingerprints received under s. 943.0515018against the fingerprints retained in the statewide automated5019biometric identification system under paragraph (b).5020(d) School districts may participate in the search process5021described in this subsection by paying an annual fee to the5022Department of Law Enforcement.5023(e) A fingerprint retained pursuant to this subsection5024shall be purged from the automated biometric identification5025system 5 years following the date the fingerprint was initially5026submitted. The Department of Law Enforcement shall set the5027amount of the annual fee to be imposed upon each participating5028agency for performing these searches and establishing the5029procedures for retaining fingerprints and disseminating search5030results. The fee may be borne as provided by law. Fees may be5031waived or reduced by the executive director of the Department of5032Law Enforcement for good cause shown.5033(f) A noninstructional contractor who is subject to a5034criminal history check under this section shall inform a school5035district that he or she has completed a criminal history check5036in another school district within the last 5 years. The school5037district shall verify the results of the contractor’s criminal5038history check using the shared system described in subsection5039(7). The school district may not charge the contractor a fee for5040verifying 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 certifiedreceive a certificateunder 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 employerdistrict school5131superintendent 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 employerschool districtshall 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.51431012.32(3)(a) and (b), the person must file a complete set of 5144 fingerprints with the employerdistrict school superintendent of5145the employing school district. Upon submission of fingerprints 5146 for this purpose, the employerschool districtshall 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 employerdistrict school boardor 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 340300beds 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 6045feet 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.