Bill Text: FL S0996 | 2024 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Education
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2024-03-05 - Laid on Table, refer to CS/CS/HB 1285 [S0996 Detail]
Download: Florida-2024-S0996-Comm_Sub.html
Bill Title: Education
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2024-03-05 - Laid on Table, refer to CS/CS/HB 1285 [S0996 Detail]
Download: Florida-2024-S0996-Comm_Sub.html
Florida Senate - 2024 CS for SB 996
By the Committee on Education Pre-K -12; and Senator Burgess
581-02675-24 2024996c1
1 A bill to be entitled
2 An act relating to education; amending ss. 192.0105,
3 192.048, and 196.082, F.S.; conforming cross
4 references; amending s. 196.011, F.S.; providing that
5 an annual application for exemption on property used
6 to house a charter school is not required; requiring
7 the owner or lessee of such property to notify the
8 property appraiser in specified circumstances;
9 providing penalties; amending s. 1002.33, F.S.;
10 revising the definition of the term “charter school
11 personnel”; amending s. 1002.45, F.S.; providing
12 responsibilities for approved virtual instruction
13 program providers, virtual charter schools, and school
14 districts relating to statewide assessments and
15 progress monitoring for certain students; creating s.
16 1003.052, F.S.; establishing the Purple Star School
17 District Program; providing requirements for such
18 program; authorizing the Department of Education to
19 establish additional program criteria; authorizing the
20 State Board of Education to adopt rules; amending s.
21 1003.451, F.S.; requiring school districts and charter
22 schools to provide certain students with an
23 opportunity to take the Armed Services Vocational
24 Aptitude Battery and consult with a military
25 recruiter; providing requirements for the scheduling
26 of such test; amending s. 1003.53, F.S.; revising
27 requirements for the assignment of students to
28 disciplinary programs and alternative school settings
29 or other programs; revising requirements for dropout
30 prevention and academic intervention programs;
31 requiring such programs to include academic
32 intervention plans for students; providing
33 requirements for such plans; providing that specified
34 provisions apply to all dropout prevention and
35 academic intervention programs; requiring school
36 principals or their designees to make a reasonable
37 effort to notify parents by specified means and to
38 document such effort; creating s. 1004.051, F.S.;
39 prohibiting a public postsecondary institution from
40 implicitly or explicitly prohibiting specified
41 students from being employed; providing applicability;
42 amending s. 1006.38, F.S.; requiring instructional
43 materials publishers and manufacturers or their
44 representatives to make sample copies of specified
45 instructional materials available electronically for
46 use by certain institutes for a specified purpose;
47 amending s. 1007.25, F.S.; creating associate in arts
48 specialized transfer degrees; providing requirements
49 for such degrees; providing a process for the approval
50 of such degree programs; requiring the state board to
51 adopt specified rules; amending s. 1007.271, F.S.;
52 requiring district school boards to make reasonable
53 efforts to enter into specified agreements with a
54 Florida College System institution for certain online
55 courses; amending s. 1008.33, F.S.; revising the date
56 by which a memorandum of understanding relating to
57 schools in turnaround status must be provided to the
58 department; revising requirements for district-managed
59 turnaround plans; providing requirements for
60 turnaround schools that close and reopen as charter
61 schools and school districts in which such schools
62 reside; providing that specified provisions do not
63 apply to certain turnaround schools; requiring the
64 State Board of Education to adopt rules for a charter
65 school turnaround contract and specified leases and
66 agreements; amending s. 1008.34, F.S.; requiring that
67 any changes made by the state board to components in
68 the school grades model or the school grading scale
69 shall go into effect, at the earliest, the following
70 school year; amending s. 1009.21, F.S.; providing an
71 additional method for a student to prove residency for
72 tuition purposes; providing that such method is deemed
73 a single, conclusive piece of evidence proving
74 residency; amending s. 1009.98, F.S.; revising the
75 definition of the term “tuition differential”;
76 revising provisions relating to payments the Florida
77 Prepaid College Board must pay to state universities
78 on behalf of beneficiaries of specified contracts;
79 amending s. 1012.79, F.S.; authorizing the
80 Commissioner of Education to appoint an executive
81 director of the Education Practices Commission;
82 revising the purpose of the commission; authorizing
83 the commission to expend funds for legal services;
84 repealing s. 1012.86, F.S., relating to the Florida
85 College System institution employment equity
86 accountability program; amending ss. 1001.64 and
87 1001.65, F.S.; conforming provisions to changes made
88 by the act; providing an effective date.
89
90 Be It Enacted by the Legislature of the State of Florida:
91
92 Section 1. Paragraph (f) of subsection (1) and paragraphs
93 (b) and (c) of subsection (2) of section 192.0105, Florida
94 Statutes, are amended to read:
95 192.0105 Taxpayer rights.—There is created a Florida
96 Taxpayer’s Bill of Rights for property taxes and assessments to
97 guarantee that the rights, privacy, and property of the
98 taxpayers of this state are adequately safeguarded and protected
99 during tax levy, assessment, collection, and enforcement
100 processes administered under the revenue laws of this state. The
101 Taxpayer’s Bill of Rights compiles, in one document, brief but
102 comprehensive statements that summarize the rights and
103 obligations of the property appraisers, tax collectors, clerks
104 of the court, local governing boards, the Department of Revenue,
105 and taxpayers. Additional rights afforded to payors of taxes and
106 assessments imposed under the revenue laws of this state are
107 provided in s. 213.015. The rights afforded taxpayers to assure
108 that their privacy and property are safeguarded and protected
109 during tax levy, assessment, and collection are available only
110 insofar as they are implemented in other parts of the Florida
111 Statutes or rules of the Department of Revenue. The rights so
112 guaranteed to state taxpayers in the Florida Statutes and the
113 departmental rules include:
114 (1) THE RIGHT TO KNOW.—
115 (f) The right of an exemption recipient to be sent a
116 renewal application for that exemption, the right to a receipt
117 for homestead exemption claim when filed, and the right to
118 notice of denial of the exemption (see ss. 196.011(7)
119 196.011(6), 196.131(1), 196.151, and 196.193(1)(c) and (5)).
120
121 Notwithstanding the right to information contained in this
122 subsection, under s. 197.122 property owners are held to know
123 that property taxes are due and payable annually and are charged
124 with a duty to ascertain the amount of current and delinquent
125 taxes and obtain the necessary information from the applicable
126 governmental officials.
127 (2) THE RIGHT TO DUE PROCESS.—
128 (b) The right to petition the value adjustment board over
129 objections to assessments, denial of exemption, denial of
130 agricultural classification, denial of historic classification,
131 denial of high-water recharge classification, disapproval of tax
132 deferral, and any penalties on deferred taxes imposed for
133 incorrect information willfully filed. Payment of estimated
134 taxes does not preclude the right of the taxpayer to challenge
135 his or her assessment (see ss. 194.011(3), 196.011(7) and
136 (10)(a), 196.151, 196.193(1)(c) and (5), 193.461(2), 193.503(7),
137 193.625(2), 197.2425, 197.301(2), and 197.2301(11) ss.
138 194.011(3), 196.011(6) and (9)(a), 196.151, 196.193(1)(c) and
139 (5), 193.461(2), 193.503(7), 193.625(2), 197.2425, 197.301(2),
140 and 197.2301(11)).
141 (c) The right to file a petition for exemption or
142 agricultural classification with the value adjustment board when
143 an application deadline is missed, upon demonstration of
144 particular extenuating circumstances for filing late (see ss.
145 193.461(3)(a) and 196.011(1), (8), (9), and (10)(e) ss.
146 193.461(3)(a) and 196.011(1), (7), (8), and (9)(e)).
147 Section 2. Paragraphs (b), (c), and (d) of subsection (1)
148 of section 192.048, Florida Statutes, are amended to read:
149 192.048 Electronic transmission.—
150 (1) Subject to subsection (2), the following documents may
151 be transmitted electronically rather than by regular mail:
152 (b) The tax exemption renewal application required under s.
153 196.011(7)(a) s. 196.011(6)(a).
154 (c) The tax exemption renewal application required under s.
155 196.011(7)(b) s. 196.011(6)(b).
156 (d) A notification of an intent to deny a tax exemption
157 required under s. 196.011(10)(e) s. 196.011(9)(e).
158 Section 3. Subsections (3) and (4) of section 196.082,
159 Florida Statutes, are amended to read:
160 196.082 Discounts for disabled veterans; surviving spouse
161 carryover.—
162 (3) If the partially or totally and permanently disabled
163 veteran predeceases his or her spouse and if, upon the death of
164 the veteran, the spouse holds the legal or beneficial title to
165 the homestead and permanently resides thereon as specified in s.
166 196.031, the discount from ad valorem tax that the veteran
167 received carries over to the benefit of the veteran’s spouse
168 until such time as he or she remarries or sells or otherwise
169 disposes of the property. If the spouse sells or otherwise
170 disposes of the property, a discount not to exceed the dollar
171 amount granted from the most recent ad valorem tax roll may be
172 transferred to his or her new residence, as long as it is used
173 as his or her primary residence and he or she does not remarry.
174 An applicant who is qualified to receive a discount under this
175 section and who fails to file an application by March 1 may file
176 an application for the discount and may file a petition pursuant
177 to s. 194.011(3) with the value adjustment board requesting that
178 the discount be granted. Such application and petition shall be
179 subject to the same procedures as for exemptions set forth in s.
180 196.011(9) s. 196.011(8).
181 (4) To qualify for the discount granted under this section,
182 an applicant must submit to the county property appraiser by
183 March 1:
184 (a) An official letter from the United States Department of
185 Veterans Affairs which states the percentage of the veteran’s
186 service-connected disability and evidence that reasonably
187 identifies the disability as combat-related;
188 (b) A copy of the veteran’s honorable discharge; and
189 (c) Proof of age as of January 1 of the year to which the
190 discount will apply.
191
192 Any applicant who is qualified to receive a discount under this
193 section and who fails to file an application by March 1 may file
194 an application for the discount and may file, pursuant to s.
195 194.011(3), a petition with the value adjustment board
196 requesting that the discount be granted. Such application and
197 petition shall be subject to the same procedures as for
198 exemptions set forth in s. 196.011(9) s. 196.011(8).
199 Section 4. Present subsections (5) through (12) of section
200 196.011, Florida Statutes, are redesignated as subsections (6)
201 through (13), respectively, a new subsection (5) is added to
202 that section, and subsection (1) and present subsections (10)
203 and (11) of that section are amended, to read:
204 196.011 Annual application required for exemption.—
205 (1)(a) Except as provided in s. 196.081(1)(b), every person
206 or organization who, on January 1, has the legal title to real
207 or personal property, except inventory, which is entitled by law
208 to exemption from taxation as a result of its ownership and use
209 shall, on or before March 1 of each year, file an application
210 for exemption with the county property appraiser, listing and
211 describing the property for which exemption is claimed and
212 certifying its ownership and use. The Department of Revenue
213 shall prescribe the forms upon which the application is made.
214 Failure to make application, when required, on or before March 1
215 of any year shall constitute a waiver of the exemption privilege
216 for that year, except as provided in subsection (7) or
217 subsection (9) (8).
218 (b) The form to apply for an exemption under s. 196.031, s.
219 196.081, s. 196.091, s. 196.101, s. 196.102, s. 196.173, or s.
220 196.202 must include a space for the applicant to list the
221 social security number of the applicant and of the applicant’s
222 spouse, if any. If an applicant files a timely and otherwise
223 complete application, and omits the required social security
224 numbers, the application is incomplete. In that event, the
225 property appraiser shall contact the applicant, who may refile a
226 complete application by April 1. Failure to file a complete
227 application by that date constitutes a waiver of the exemption
228 privilege for that year, except as provided in subsection (7) or
229 subsection (9) (8).
230 (5) It is not necessary to make annual application for
231 exemption on property used to house a charter school pursuant to
232 s. 196.1983. The owner or lessee of any property used to house a
233 charter school pursuant to s. 196.1983 who is not required to
234 file an annual application shall notify the property appraiser
235 promptly whenever the use of the property or the status or
236 condition of the owner or lessee changes so as to change the
237 exempt status of the property. If any owner or lessee fails to
238 so notify the property appraiser and the property appraiser
239 determines that for any year within the prior 10 years the owner
240 or lessee was not entitled to receive such exemption, the owner
241 or lessee of the property is subject to the taxes exempted as a
242 result of such failure plus 15 percent interest per annum and a
243 penalty of 50 percent of the taxes exempted. The property
244 appraiser making such determination shall record in the public
245 records of the county a notice of tax lien against any property
246 owned by that person or entity in the county, and such property
247 must be identified in the notice of tax lien. Such property is
248 subject to the payment of all taxes and penalties. Such lien
249 when filed shall attach to any property, identified in the
250 notice of tax lien, owned by the person or entity who illegally
251 or improperly received the exemption. If such person or entity
252 no longer owns property in that county but owns property in some
253 other county or counties in the state, the property appraiser
254 shall record a notice of tax lien in such other county or
255 counties, identifying the property owned by such person or
256 entity in such county or counties, and it shall become a lien
257 against such property in such county or counties.
258 (11)(10) At the option of the property appraiser and
259 notwithstanding any other provision of this section, initial or
260 original applications for homestead exemption for the succeeding
261 year may be accepted and granted after March 1. Reapplication on
262 a short form as authorized by subsection (6) (5) shall be
263 required if the county has not waived the requirement of an
264 annual application. Once the initial or original application and
265 reapplication have been granted, the property may qualify for
266 the exemption in each succeeding year pursuant to the provisions
267 of subsection (7) (6) or subsection (10) (9).
268 (12)(11) For exemptions enumerated in paragraph (1)(b),
269 social security numbers of the applicant and the applicant’s
270 spouse, if any, are required and must be submitted to the
271 department. Applications filed pursuant to subsection (6) (5) or
272 subsection (7) (6) shall include social security numbers of the
273 applicant and the applicant’s spouse, if any. For counties where
274 the annual application requirement has been waived, property
275 appraisers may require refiling of an application to obtain such
276 information.
277 Section 5. Paragraph (a) of subsection (24) of section
278 1002.33, Florida Statutes, is amended to read:
279 1002.33 Charter schools.—
280 (24) RESTRICTION ON EMPLOYMENT OF RELATIVES.—
281 (a) This subsection applies to charter school personnel in
282 a charter school operated by a private entity. As used in this
283 subsection, the term:
284 1. “Charter school personnel” means a charter school owner,
285 president, chairperson of the governing board of directors,
286 superintendent, governing board member, principal, assistant
287 principal, or any other person employed by the charter school
288 who has equivalent decisionmaking authority and in whom is
289 vested the authority, or to whom the authority has been
290 delegated, to appoint, employ, promote, or advance individuals
291 or to recommend individuals for appointment, employment,
292 promotion, or advancement in connection with employment in a
293 charter school, including the authority as a member of a
294 governing body of a charter school to vote on the appointment,
295 employment, promotion, or advancement of individuals.
296 2. “Relative” means father, mother, son, daughter, brother,
297 sister, uncle, aunt, first cousin, nephew, niece, husband, wife,
298 father-in-law, mother-in-law, son-in-law, daughter-in-law,
299 brother-in-law, sister-in-law, stepfather, stepmother, stepson,
300 stepdaughter, stepbrother, stepsister, half brother, or half
301 sister.
302
303 Charter school personnel in schools operated by a municipality
304 or other public entity are subject to s. 112.3135.
305 Section 6. Paragraph (b) of subsection (5) of section
306 1002.45, Florida Statutes, is amended to read:
307 1002.45 Virtual instruction programs.—
308 (5) STUDENT PARTICIPATION REQUIREMENTS.—Each student
309 enrolled in the school district’s virtual instruction program
310 authorized pursuant to paragraph (1)(c) must:
311 (b) Take statewide assessments pursuant to s. 1008.22 and
312 participate in the coordinated screening and progress monitoring
313 system under s. 1008.25(9). Statewide assessments and progress
314 monitoring may be administered within the school district in
315 which such student resides, or as specified in the contract
316 under in accordance with s. 1008.24(3). If requested by the
317 approved virtual instruction program provider or virtual charter
318 school, the district of residence must provide the student with
319 access to the district’s testing facilities. It is the
320 responsibility of the approved virtual instruction program
321 provider or virtual charter school to provide a list of students
322 to be administered statewide assessments and progress monitoring
323 to the school district, including the students’ names, Florida
324 Education Identifiers, grade levels, assessments and progress
325 monitoring to be administered, and contact information. Unless
326 an alternative testing site is mutually agreed to by the
327 approved virtual instruction program provider or virtual charter
328 school and the school district, or as specified in the contract
329 under s. 1008.24, all assessments and progress monitoring must
330 be taken at the school to which the student would be assigned
331 according to district school board attendance policies. A school
332 district must provide the student with access to the school’s or
333 district’s testing facilities and provide the student with the
334 date and time of the administration of each assessment and
335 progress monitoring.
336 Section 7. Section 1003.052, Florida Statutes, is created
337 to read:
338 1003.052 The Purple Star School District Program.—
339 (1)(a) The Department of Education shall establish the
340 Purple Star School District Program. At a minimum, the program
341 must require a participating school district to:
342 1. Have at least 75 percent of the schools within the
343 district be designated as Purple Star Campuses under s.
344 1003.051.
345 2. Maintain a web page on the district’s website which
346 includes resources for military students and their families and
347 a link to each Purple Star Campus’s web page that meets the
348 requirements of s. 1003.051(2)(a)2.
349 (b) The department may establish additional program
350 criteria to identify school districts that demonstrate a
351 commitment to or provide critical coordination of services for
352 military students and their families, including, but not limited
353 to, establishing a council consisting of a representative from
354 each Purple Star Campus in the district and one district-level
355 representative to ensure the alignment of military student
356 focused policies and procedures within the district.
357 (2) The State Board of Education may adopt rules to
358 administer this section.
359 Section 8. Present subsection (4) of section 1003.451,
360 Florida Statutes, is redesignated as subsection (5), and a new
361 subsection (4) is added to that section, to read:
362 1003.451 Junior Reserve Officers’ Training Corps; military
363 recruiters; access to public school campuses; Armed Services
364 Vocational Aptitude Battery (ASVAB).—
365 (4) Each school district and charter school shall provide
366 students in grades 11 and 12 an opportunity to take the Armed
367 Services Vocational Aptitude Battery (ASVAB) and consult with a
368 military recruiter if the student selects. To optimize student
369 participation, the ASVAB must be scheduled during normal school
370 hours.
371 Section 9. Paragraphs (a) and (c) of subsection (1),
372 paragraph (a) of subsection (2), and subsections (3) through (7)
373 of section 1003.53, Florida Statutes, are amended, and paragraph
374 (c) is added to subsection (2) of that section, to read:
375 1003.53 Dropout prevention and academic intervention.—
376 (1)(a) Dropout prevention and academic intervention
377 programs may differ from traditional educational programs and
378 schools in scheduling, administrative structure, philosophy,
379 curriculum, or setting and shall employ alternative teaching
380 methodologies, curricula, learning activities, and diagnostic
381 and assessment procedures in order to meet the needs, interests,
382 abilities, and talents of eligible students. The educational
383 program shall provide curricula, character development and law
384 education, and related services that support the program goals
385 and lead to improved performance in the areas of academic
386 achievement, attendance, and discipline. Student participation
387 in such programs shall be voluntary. District school boards may,
388 however, assign students to a disciplinary program for
389 disruptive students or an alternative school setting or other
390 program pursuant to s. 1006.13. Notwithstanding any other
391 provision of law to the contrary, no student shall be identified
392 as being eligible to receive services funded through the dropout
393 prevention and academic intervention program based solely on the
394 student being from a single-parent family or having a
395 disability.
396 (c) A student shall be identified as being eligible to
397 receive services funded through the dropout prevention and
398 academic intervention program based upon one of the following
399 criteria:
400 1. The student is academically unsuccessful as evidenced by
401 low test scores, retention, failing grades, low grade point
402 average, falling behind in earning credits, or not meeting the
403 state or district achievement levels in reading, mathematics, or
404 writing.
405 2. The student has a pattern of excessive absenteeism or
406 has been identified as a habitual truant.
407 3. The student has a history of disruptive behavior in
408 school or has committed an offense that warrants out-of-school
409 suspension or expulsion from school according to the district
410 school board’s code of student conduct. For the purposes of this
411 program, “disruptive behavior” is behavior that:
412 a. Interferes with the student’s own learning or the
413 educational process of others and requires attention and
414 assistance beyond that which the traditional program can provide
415 or results in frequent conflicts of a disruptive nature while
416 the student is under the jurisdiction of the school either in or
417 out of the classroom; or
418 b. Severely threatens the general welfare of students or
419 others with whom the student comes into contact.
420 4. The student is identified by a school’s early warning
421 system pursuant to s. 1001.42(18)(b).
422 (2)(a) Each district school board may establish dropout
423 prevention and academic intervention programs at the elementary,
424 middle, junior high school, or high school level. Programs
425 designed to eliminate patterns of excessive absenteeism or
426 habitual truancy shall emphasize academic performance and may
427 provide specific instruction in the areas of career education,
428 preemployment training, and behavioral management. Such programs
429 shall utilize instructional teaching methods and student
430 services that lead to improved student behavior as appropriate
431 to the specific needs of the student.
432 (c) For each student enrolled in a dropout prevention and
433 academic intervention program, an academic intervention plan
434 shall be developed to address eligibility for placement in the
435 program and to provide individualized student goals and progress
436 monitoring procedures. A student’s academic intervention plan
437 must be consistent with the student’s individual education plan
438 (IEP).
439 (3) Each district school board providing receiving state
440 funding for dropout prevention and academic intervention
441 programs through the General Appropriations Act shall submit
442 information through an annual report to the Department of
443 Education’s database documenting the extent to which each of the
444 district’s dropout prevention and academic intervention programs
445 has been successful in the areas of graduation rate, dropout
446 rate, attendance rate, and retention/promotion rate. The
447 department shall compile this information into an annual report
448 which shall be submitted to the presiding officers of the
449 Legislature by February 15.
450 (4) Each district school board shall establish course
451 standards, as defined by rule of the State Board of Education,
452 for dropout prevention and academic intervention programs and
453 procedures for ensuring that teachers assigned to the programs
454 are certified pursuant to s. 1012.55 and possess the affective,
455 pedagogical, and content-related skills necessary to meet the
456 needs of these students.
457 (5) Each district school board providing a dropout
458 prevention and academic intervention program pursuant to this
459 section shall maintain for each participating student records
460 documenting the student’s eligibility, the length of
461 participation, the type of program to which the student was
462 assigned or the type of academic intervention services provided,
463 and an evaluation of the student’s academic and behavioral
464 performance while in the program. The school principal or his or
465 her designee shall, prior to placement in a dropout prevention
466 and academic intervention program or the provision of an
467 academic service, provide written notice of placement or
468 services by certified mail, return receipt requested, to the
469 student’s parent. The parent of the student shall sign an
470 acknowledgment of the notice of placement or service and return
471 the signed acknowledgment to the principal within 3 days after
472 receipt of the notice. District school boards may adopt a policy
473 that allows a parent to agree to an alternative method of
474 notification. Such agreement may be made before the need for
475 notification arises or at the time the notification becomes
476 required. The parents of a student assigned to such a dropout
477 prevention and academic intervention program shall be notified
478 in writing and entitled to an administrative review of any
479 action by school personnel relating to such placement pursuant
480 to the provisions of chapter 120.
481 (6) District school board dropout prevention and academic
482 intervention programs shall be coordinated with social service,
483 law enforcement, prosecutorial, and juvenile justice agencies
484 and juvenile assessment centers in the school district.
485 Notwithstanding the provisions of s. 1002.22, these agencies are
486 authorized to exchange information contained in student records
487 and juvenile justice records. Such information is confidential
488 and exempt from the provisions of s. 119.07(1). District school
489 boards and other agencies receiving such information shall use
490 the information only for official purposes connected with the
491 certification of students for admission to and for the
492 administration of the dropout prevention and academic
493 intervention program, and shall maintain the confidentiality of
494 such information unless otherwise provided by law or rule.
495 (7) The State Board of Education shall have the authority
496 pursuant to ss. 120.536(1) and 120.54 to adopt rules necessary
497 to implement the provisions of this section; such rules shall
498 require the minimum amount of necessary paperwork and reporting.
499 Section 10. Section 1004.051, Florida Statutes, is created
500 to read:
501 1004.051 Regulation of working students.—
502 (1) A public postsecondary institution may not, as a
503 condition of admission to or enrollment in any of the
504 institution’s schools, colleges, or programs, implicitly or
505 explicitly prohibit an applicant or currently enrolled student
506 from being employed, either full time or part time.
507 (2) This section does not apply if the applicant or
508 currently enrolled student is employed by an organization or
509 agency that is affiliated or associated with a foreign country
510 of concern as defined in s. 288.860(1).
511 Section 11. Present subsections (3) through (16) of section
512 1006.38, Florida Statutes, are redesignated as subsections (4)
513 through (17), respectively, a new subsection (3) is added to
514 that section, and present subsections (14) and (16) of that
515 section are amended, to read:
516 1006.38 Duties, responsibilities, and requirements of
517 instructional materials publishers and manufacturers.—This
518 section applies to both the state and district approval
519 processes. Publishers and manufacturers of instructional
520 materials, or their representatives, shall:
521 (3) For each adoption cycle, make sample copies of all
522 instructional materials on the commissioner’s list of state
523 adopted instructional materials available electronically for use
524 by educator preparation institutes as defined in s. 1004.85(1)
525 to enable educators to practice teaching with currently adopted
526 instructional materials aligned to state academic standards.
527 (15)(14) Accurately and fully disclose only the names of
528 those persons who actually authored the instructional materials.
529 In addition to the penalties provided in subsection (17) (16),
530 the commissioner may remove from the list of state-adopted
531 instructional materials those instructional materials whose
532 publisher or manufacturer misleads the purchaser by falsely
533 representing genuine authorship.
534 (17)(16) Upon the willful failure of the publisher or
535 manufacturer to comply with the requirements of this section, be
536 liable to the department in the amount of three times the total
537 sum which the publisher or manufacturer was paid in excess of
538 the price required under subsections (5) and (6) and (7) and in
539 the amount of three times the total value of the instructional
540 materials and services which the district school board is
541 entitled to receive free of charge under subsection (8) (7).
542 Section 12. Subsections (9) and (12) of section 1007.25,
543 Florida Statutes, are amended to read:
544 1007.25 General education courses; common prerequisites;
545 other degree requirements.—
546 (9)(a) An associate in arts degree must shall require no
547 more than 60 semester hours of college credit and include 36
548 semester hours of general education coursework. Beginning with
549 students initially entering a Florida College System institution
550 or state university in the 2014-2015 academic year and
551 thereafter, coursework for an associate in arts degree must
552 shall include demonstration of competency in a foreign language
553 pursuant to s. 1007.262. Except for developmental education
554 required pursuant to s. 1008.30, all required coursework must
555 shall count toward the associate in arts degree or the
556 baccalaureate degree.
557 (b) An associate in arts specialized transfer degree must
558 include 36 semester hours of general education coursework and
559 require 60 semester hours or more of college credit. Specialized
560 transfer degrees are designed for Florida College System
561 institution students who need supplemental lower-level
562 coursework in preparation for transfer to another institution.
563 The State Board of Education shall establish criteria for the
564 review and approval of new specialized transfer degrees. The
565 approval process must require:
566 1. A Florida College System institution to submit a notice
567 of its intent to propose a new associate in arts specialized
568 degree program to the Division of Florida Colleges. The notice
569 must include the recommended credit hours, the rationale for the
570 specialization, the demand for students entering the field, and
571 the coursework being proposed to be included beyond the 60
572 semester hours required for the general transfer degree, if
573 applicable. Notices of intent may be submitted by a Florida
574 College System institution at any time.
575 2. The Division of Florida Colleges to forward the notice
576 of intent within 10 business days after receipt to all Florida
577 College System institutions and to the Chancellor of the State
578 University System, who shall forward the notice to all state
579 universities. State universities and Florida College System
580 institutions shall have 60 days after receipt of the notice to
581 submit comments to the proposed associate in arts specialized
582 transfer degree.
583 3. After the submission of comments pursuant to
584 subparagraph 2., the requesting Florida College System
585 institution to submit a proposal that, at a minimum, includes:
586 a. Evidence that the coursework for the associate in arts
587 specialized transfer degree includes demonstration of competency
588 in a foreign language pursuant to s. 1007.262 and demonstration
589 of civic literacy competency as provided in subsection (5).
590 b. Demonstration that all required coursework will count
591 toward the associate in arts degree or the baccalaureate degree.
592 c. An analysis of demand and unmet need for students
593 entering the specialized field of study at the baccalaureate
594 level.
595 d. Justification for the program length if it exceeds 60
596 credit hours, including references to the common prerequisite
597 manual or other requirements for the baccalaureate degree. This
598 includes documentation of alignment between the exit
599 requirements of a Florida College System institution and the
600 admissions requirements of a baccalaureate program at a state
601 university to which students would typically transfer.
602 e. Articulation agreements for graduates of the associate
603 in arts specialized transfer degree.
604 f. Responses to the comments received under subparagraph 2.
605 (c) The Division of Florida Colleges shall review the
606 proposal and, within 30 days after receipt, shall provide
607 written notification to the Florida College System institution
608 of any deficiencies and provide the institution with an
609 opportunity to correct the deficiencies. Within 45 days after
610 receipt of a completed proposal by the Division of Florida
611 Colleges, the Commissioner of Education shall recommend approval
612 or disapproval of the new specialized transfer degree to the
613 State Board of Education. The State Board of Education shall
614 consider the recommendation at its next meeting.
615 (d) Upon approval of an associate in arts specialized
616 transfer degree by the State Board of Education, a Florida
617 College System institution may offer the degree and shall report
618 data on student and program performance in a manner prescribed
619 by the Department of Education.
620 (e) The State Board of Education shall adopt rules pursuant
621 to ss. 120.536(1) and 120.54 to prescribe format and content
622 requirements and submission procedures for notices of intent,
623 proposals, and compliance reviews under this subsection.
624 (12) A student who received an associate in arts degree for
625 successfully completing 60 semester credit hours may continue to
626 earn additional credits at a Florida College System institution.
627 The university must provide credit toward the student’s
628 baccalaureate degree for an additional Florida College System
629 institution course if, according to the statewide course
630 numbering, the Florida College System institution course is a
631 course listed in the university catalog as required for the
632 degree or as prerequisite to a course required for the degree.
633 Of the courses required for the degree, at least half of the
634 credit hours required for the degree must shall be achievable
635 through courses designated as lower division, except in degree
636 programs approved by the State Board of Education for programs
637 offered by Florida College System institutions and by the Board
638 of Governors for programs offered by state universities.
639 Section 13. Subsection (4) of section 1007.271, Florida
640 Statutes, is amended to read:
641 1007.271 Dual enrollment programs.—
642 (4)(a) District school boards may not refuse to enter into
643 a dual enrollment articulation agreement with a local Florida
644 College System institution if that Florida College System
645 institution has the capacity to offer dual enrollment courses.
646 (b) District school boards must make reasonable efforts to
647 enter into dual enrollment articulation agreements with a
648 Florida College System institution that offers online dual
649 enrollment courses.
650 Section 14. Subsections (4) and (5) of section 1008.33,
651 Florida Statutes, are amended to read:
652 1008.33 Authority to enforce public school improvement.—
653 (4)(a) The state board shall apply intensive intervention
654 and support strategies tailored to the needs of schools earning
655 two consecutive grades of “D” or a grade of “F.” In the first
656 full school year after a school initially earns a grade of “D,”
657 the school district must immediately implement intervention and
658 support strategies prescribed in rule under paragraph (3)(c).
659 For a school that initially earns a grade of “F” or a second
660 consecutive grade of “D,” the school district must either
661 continue implementing or immediately begin implementing
662 intervention and support strategies prescribed in rule under
663 paragraph (3)(c) and for the 2024-2025 school year provide the
664 department, by September 1, with the memorandum of understanding
665 negotiated pursuant to s. 1001.42(21) and, by October 1, a
666 district-managed turnaround plan for approval by the state
667 board. For the 2025-2026 school year and thereafter, the school
668 district must provide the department, by August 1, with the
669 memorandum of understanding negotiated pursuant to s.
670 1001.42(21) and a district-managed turnaround plan for approval
671 by the state board. The plan must include measurable academic
672 benchmarks that put the school on a path to earning and
673 maintaining a grade of “C” or higher The district-managed
674 turnaround plan may include a proposal for the district to
675 implement an extended school day, a summer program, a
676 combination of an extended school day and a summer program, or
677 any other option authorized under paragraph (b) for state board
678 approval. A school district is not required to wait until a
679 school earns a second consecutive grade of “D” to submit a
680 turnaround plan for approval by the state board under this
681 paragraph. Upon approval by the state board, the school district
682 must implement the plan for the remainder of the school year and
683 continue the plan for 1 full school year. The state board may
684 allow a school an additional year of implementation before the
685 school must implement a turnaround option required under
686 paragraph (b) if it determines that the school is likely to
687 improve to a grade of “C” or higher after the first full school
688 year of implementation.
689 (b) Unless an additional year of implementation is provided
690 pursuant to paragraph (a), a school that completes a plan cycle
691 under paragraph (a) and does not improve to a grade of “C” or
692 higher must implement one of the following:
693 1. Reassign students to another school and monitor the
694 progress of each reassigned student;
695 2. Close the school and reopen the school as one or more
696 charter schools, each with a governing board that has a
697 demonstrated record of effectiveness. Upon reopening as a
698 charter school:
699 a. The school district shall continue to operate the school
700 for the following school year and, no later than October 1,
701 execute a charter school turnaround contract that will allow the
702 charter school an opportunity to conduct an evaluation of the
703 educational program and personnel currently assigned to the
704 school during the year in preparation for assuming full
705 operational control of the school and facility by July 1. The
706 school district may not reduce or remove resources from the
707 school during this time.
708 b. The charter school operator must provide enrollment
709 preference to students currently attending or who would have
710 otherwise attended or been zoned for the school. The school
711 district shall consult and negotiate with the charter school
712 every 3 years to determine whether realignment of the attendance
713 zone is appropriate to ensure that students residing closest to
714 the school are provided with an enrollment preference.
715 c. The charter school operator must serve the existing
716 grade levels served by the school at its current enrollment or
717 higher, but may, at its discretion, serve additional grade
718 levels.
719 d. The school district may not charge rental or leasing
720 fees for the existing facility or for the property normally
721 inventoried to the school. The school and the school district
722 shall agree to reasonable maintenance provisions in order to
723 maintain the facility in a manner similar to all other school
724 facilities in the school district.
725 e. The school district may not withhold an administrative
726 fee for the provision of services identified in s.
727 1002.33(20)(a); or
728 3. Contract with an outside entity that has a demonstrated
729 record of effectiveness to provide turnaround services
730 identified in state board rule, which may include school
731 leadership, educational modalities, teacher and leadership
732 professional development, curriculum, operation and management
733 services, school-based administrative staffing, budgeting,
734 scheduling, other educational service provider functions, or any
735 combination thereof. Selection of an outside entity may include
736 one or a combination of the following:
737 a. An external operator, which may be a district-managed
738 charter school or a high-performing charter school network in
739 which all instructional personnel are not employees of the
740 school district, but are employees of an independent governing
741 board composed of members who did not participate in the review
742 or approval of the charter.
743 b. A contractual agreement that allows for a charter school
744 network or any of its affiliated subsidiaries to provide
745 individualized consultancy services tailored to address the
746 identified needs of one or more schools under this section.
747
748 A school district and outside entity under this subparagraph
749 must enter, at minimum, a 2-year, performance-based contract.
750 The contract must include school performance and growth metrics
751 the outside entity must meet on an annual basis. The state board
752 may require the school district to modify or cancel the
753 contract.
754 (c) Implementation of the turnaround option is no longer
755 required if the school improves to a grade of “C” or higher,
756 unless the school district has already executed a charter school
757 turnaround contract pursuant to this section.
758 (d) If a school earning two consecutive grades of “D” or a
759 grade of “F” does not improve to a grade of “C” or higher after
760 2 school years of implementing the turnaround option selected by
761 the school district under paragraph (b), the school district
762 must implement another turnaround option. Implementation of the
763 turnaround option must begin the school year following the
764 implementation period of the existing turnaround option, unless
765 the state board determines that the school is likely to improve
766 to a grade of “C” or higher if additional time is provided to
767 implement the existing turnaround option.
768 (5) The state board shall adopt rules pursuant to ss.
769 120.536(1) and 120.54 to administer this section. The rules
770 shall include timelines for submission of implementation plans,
771 approval criteria for implementation plans, and timelines for
772 implementing intervention and support strategies, a standard
773 charter school turnaround contract, a standard facility lease,
774 and a mutual management agreement. The state board shall consult
775 with education stakeholders in developing the rules.
776 Section 15. Paragraph (c) of subsection (3) of section
777 1008.34, Florida Statutes, are amended to read:
778 1008.34 School grading system; school report cards;
779 district grade.—
780 (3) DESIGNATION OF SCHOOL GRADES.—
781 (c)1. The calculation of a school grade shall be based on
782 the percentage of points earned from the components listed in
783 subparagraph (b)1. and, if applicable, subparagraph (b)2. The
784 State Board of Education shall adopt in rule a school grading
785 scale that sets the percentage of points needed to earn each of
786 the school grades listed in subsection (2). There shall be at
787 least five percentage points separating the percentage
788 thresholds needed to earn each of the school grades. The state
789 board shall annually review the percentage of school grades of
790 “A” and “B” for the school year to determine whether to adjust
791 the school grading scale upward for the following school year’s
792 school grades. The first adjustment would occur no earlier than
793 the 2023-2024 school year. An adjustment must be made if the
794 percentage of schools earning a grade of “A” or “B” in the
795 current year represents 75 percent or more of all graded schools
796 within a particular school type, which consists of elementary,
797 middle, high, and combination. The adjustment must reset the
798 minimum required percentage of points for each grade of “A,”
799 “B,” “C,” or “D” at the next highest percentage ending in the
800 numeral 5 or 0, whichever is closest to the current percentage.
801 Annual reviews of the percentage of schools earning a grade of
802 “A” or “B” and adjustments to the required points must be
803 suspended when the following grading scale for a specific school
804 type is achieved:
805 a. Ninety percent or more of the points for a grade of “A.”
806 b. Eighty to eighty-nine percent of the points for a grade
807 of “B.”
808 c. Seventy to seventy-nine percent of the points for a
809 grade of “C.”
810 d. Sixty to sixty-nine percent of the points for a grade of
811 “D.”
812
813 When the state board adjusts the grading scale upward, the state
814 board must inform the public of the degree of the adjustment and
815 its anticipated impact on school grades. Beginning in the 2024
816 2025 school year, any changes made by the state board to
817 components in the school grades model or to the school grading
818 scale shall go into effect, at the earliest, in the following
819 school year.
820 2. The calculation of school grades may not include any
821 provision that would raise or lower the school’s grade beyond
822 the percentage of points earned. Extra weight may not be added
823 in the calculation of any components.
824 Section 16. Paragraph (c) of subsection (3) of section
825 1009.21, Florida Statutes, is amended to read:
826 1009.21 Determination of resident status for tuition
827 purposes.—Students shall be classified as residents or
828 nonresidents for the purpose of assessing tuition in
829 postsecondary educational programs offered by charter technical
830 career centers or career centers operated by school districts,
831 in Florida College System institutions, and in state
832 universities.
833 (3)
834 (c) Each institution of higher education shall
835 affirmatively determine that an applicant who has been granted
836 admission to that institution as a Florida resident meets the
837 residency requirements of this section at the time of initial
838 enrollment. The residency determination must be documented by
839 the submission of written or electronic verification that
840 includes two or more of the documents identified in this
841 paragraph, unless the document provided is the document
842 described in sub-subparagraph 1.f., which is deemed a single,
843 conclusive piece of evidence proving residency. No single piece
844 of evidence shall be conclusive.
845 1. The documents must include at least one of the
846 following:
847 a. A Florida voter’s registration card.
848 b. A Florida driver license.
849 c. A State of Florida identification card.
850 d. A Florida vehicle registration.
851 e. Proof of a permanent home in Florida which is occupied
852 as a primary residence by the individual or by the individual’s
853 parent if the individual is a dependent child.
854 f. An application for property tax exemption for homestead
855 property that has been approved by a property appraiser,
856 provided that such property has been continuously maintained as
857 the primary residence for at least 12 months before the first
858 day of the semester for which the resident status is being
859 claimed Proof of a homestead exemption in Florida.
860 g. Transcripts from a Florida high school for multiple
861 years if the Florida high school diploma or high school
862 equivalency diploma was earned within the last 12 months.
863 h. Proof of permanent full-time employment in Florida for
864 at least 30 hours per week for a 12-month period.
865 2. The documents may include one or more of the following:
866 a. A declaration of domicile in Florida.
867 b. A Florida professional or occupational license.
868 c. Florida incorporation.
869 d. A document evidencing family ties in Florida.
870 e. Proof of membership in a Florida-based charitable or
871 professional organization.
872 f. Any other documentation that supports the student’s
873 request for resident status, including, but not limited to,
874 utility bills and proof of 12 consecutive months of payments; a
875 lease agreement and proof of 12 consecutive months of payments;
876 or an official state, federal, or court document evidencing
877 legal ties to Florida.
878 Section 17. Paragraphs (a) through (f) of subsection (10)
879 of section 1009.98, Florida Statutes, are amended to read:
880 1009.98 Stanley G. Tate Florida Prepaid College Program.—
881 (10) PAYMENTS ON BEHALF OF QUALIFIED BENEFICIARIES.—
882 (a) As used in this subsection, the term:
883 1. “Actuarial reserve” means the amount by which the
884 expected value of the assets exceeds the expected value of the
885 liabilities of the trust fund.
886 2. “Dormitory fees” means the fees included under advance
887 payment contracts pursuant to paragraph (2)(d).
888 3. “Fiscal year” means the fiscal year of the state
889 pursuant to s. 215.01.
890 4. “Local fees” means the fees covered by an advance
891 payment contract provided pursuant to subparagraph (2)(b)2.
892 5. “Tuition differential” means the fee covered by advance
893 payment contracts sold pursuant to subparagraph (2)(b)3. The
894 base rate for the tuition differential fee for the 2012-2013
895 fiscal year is established at $37.03 per credit hour. The base
896 rate for the tuition differential in subsequent years is the
897 amount assessed for the tuition differential for the preceding
898 year adjusted pursuant to subparagraph (b)2.
899 (b) Effective with the 2022-2023 2009-2010 academic year
900 and thereafter, and notwithstanding s. 1009.24, the amount paid
901 by the board to any state university on behalf of a qualified
902 beneficiary of an advance payment contract whose contract was
903 purchased before July 1, 2034 2024, shall be:
904 1. As to registration fees, if the actuarial reserve is
905 less than 5 percent of the expected liabilities of the trust
906 fund, the board shall pay the state universities 5.5 percent
907 above the amount assessed for registration fees in the preceding
908 fiscal year. If the actuarial reserve is between 5 percent and 6
909 percent of the expected liabilities of the trust fund, the board
910 shall pay the state universities 6 percent above the amount
911 assessed for registration fees in the preceding fiscal year. If
912 the actuarial reserve is between 6 percent and 7.5 percent of
913 the expected liabilities of the trust fund, the board shall pay
914 the state universities 6.5 percent above the amount assessed for
915 registration fees in the preceding fiscal year. If the actuarial
916 reserve is equal to or greater than 7.5 percent of the expected
917 liabilities of the trust fund, the board shall pay the state
918 universities 7 percent above the amount assessed for
919 registration fees in the preceding fiscal year, whichever is
920 greater.
921 2. As to the tuition differential, if the actuarial reserve
922 is less than 5 percent of the expected liabilities of the trust
923 fund, the board shall pay the state universities 5.5 percent
924 above the amount assessed base rate for the tuition differential
925 fee in the preceding fiscal year. If the actuarial reserve is
926 between 5 percent and 6 percent of the expected liabilities of
927 the trust fund, the board shall pay the state universities 6
928 percent above the amount assessed base rate for the tuition
929 differential fee in the preceding fiscal year. If the actuarial
930 reserve is between 6 percent and 7.5 percent of the expected
931 liabilities of the trust fund, the board shall pay the state
932 universities 6.5 percent above the amount assessed base rate for
933 the tuition differential fee in the preceding fiscal year. If
934 the actuarial reserve is equal to or greater than 7.5 percent of
935 the expected liabilities of the trust fund, the board shall pay
936 the state universities 7 percent above the amount assessed base
937 rate for the tuition differential fee in the preceding fiscal
938 year.
939 3. As to local fees, the board shall pay the state
940 universities 5 percent above the amount assessed for local fees
941 in the preceding fiscal year.
942 4. As to dormitory fees, the board shall pay the state
943 universities 6 percent above the amount assessed for dormitory
944 fees in the preceding fiscal year.
945 5. Qualified beneficiaries of advance payment contracts
946 purchased before July 1, 2007, are exempt from paying any
947 tuition differential fee.
948 (c) Notwithstanding the amount assessed for registration
949 fees, the tuition differential, or local fees, the amount paid
950 by the board to any state university on behalf of a qualified
951 beneficiary of an advance payment contract purchased before July
952 1, 2034 July 1, 2024, may not exceed 100 percent of the amount
953 charged by the state university for the aggregate sum of those
954 fees.
955 (d) Notwithstanding the amount assessed for dormitory fees,
956 the amount paid by the board to any state university on behalf
957 of a qualified beneficiary of an advance payment contract
958 purchased before July 1, 2034 July 1, 2024, may not exceed 100
959 percent of the amount charged by the state university for
960 dormitory fees.
961 (e) Notwithstanding the number of credit hours used by a
962 state university to assess the amount for registration fees,
963 tuition, tuition differential, or local fees, the amount paid by
964 the board to any state university on behalf of a qualified
965 beneficiary of an advance payment contract purchased before July
966 1, 2034 July 1, 2024, may not exceed the number of credit hours
967 taken by that qualified beneficiary at the state university.
968 (f) The board shall pay state universities the actual
969 amount assessed in accordance with law for registration fees,
970 the tuition differential, local fees, and dormitory fees for
971 advance payment contracts purchased on or after July 1, 2034
972 July 1, 2024.
973 Section 18. Subsection (5), paragraph (a) of subsection
974 (6), and subsection (9) of section 1012.79, Florida Statutes,
975 are amended to read:
976 1012.79 Education Practices Commission; organization.—
977 (5) The Commissioner of Education may, at his or her
978 discretion, appoint and remove commission, by a vote of three
979 fourths of the membership, shall employ an executive director,
980 who shall be exempt from career service. The executive director
981 may be dismissed by a majority vote of the membership.
982 (6)(a) The commission shall be assigned to the Department
983 of Education for administrative and fiscal accountability
984 purposes. The commission, in the performance of its powers and
985 duties, may shall not be subject to control, supervision, or
986 direction by the Department of Education.
987 (9) The commission shall make such expenditures as may be
988 necessary in exercising its authority and powers and carrying
989 out its duties and responsibilities, including expenditures for
990 personal services, legal services general counsel or access to
991 counsel, and rent at the seat of government and elsewhere; for
992 books of reference, periodicals, furniture, equipment, and
993 supplies; and for printing and binding. The expenditures of the
994 commission shall be subject to the powers and duties of the
995 Department of Financial Services as provided in s. 17.03.
996 Section 19. Section 1012.86, Florida Statutes, is repealed.
997 Section 20. Subsection (19) of section 1001.64, Florida
998 Statutes, is amended to read:
999 1001.64 Florida College System institution boards of
1000 trustees; powers and duties.—
1001 (19) Each board of trustees shall appoint, suspend, or
1002 remove the president of the Florida College System institution.
1003 The board of trustees may appoint a search committee. The board
1004 of trustees shall conduct annual evaluations of the president in
1005 accordance with rules of the State Board of Education and submit
1006 such evaluations to the State Board of Education for review. The
1007 evaluation must address the achievement of the performance goals
1008 established by the accountability process implemented pursuant
1009 to s. 1008.45 and the performance of the president in achieving
1010 the annual and long-term goals and objectives established in the
1011 Florida College System institution’s employment accountability
1012 program implemented pursuant to s. 1012.86.
1013 Section 21. Subsection (22) of section 1001.65, Florida
1014 Statutes, is amended to read:
1015 1001.65 Florida College System institution presidents;
1016 powers and duties.—The president is the chief executive officer
1017 of the Florida College System institution, shall be corporate
1018 secretary of the Florida College System institution board of
1019 trustees, and is responsible for the operation and
1020 administration of the Florida College System institution. Each
1021 Florida College System institution president shall:
1022 (22) Submit an annual employment accountability plan to the
1023 Department of Education pursuant to the provisions of s.
1024 1012.86.
1025 Section 22. This act shall take effect July 1, 2024.
