Bill Text: FL S0524 | 2016 | Regular Session | Comm Sub


Bill Title: Education

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2016-03-11 - Died on Calendar, companion bill(s) passed, see CS/CS/CS/HB 287 (Ch. 2016-223), CS/CS/HB 719 (Ch. 2016-58), CS/CS/HB 1365 (Ch. 2016-149), HB 5003 (Ch. 2016-62), CS/CS/HB 7029 (Ch. 2016-237) [S0524 Detail]

Download: Florida-2016-S0524-Comm_Sub.html
       Florida Senate - 2016                       CS for CS for SB 524
       
       
        
       By the Committees on Appropriations; and Higher Education; and
       Senator Gaetz
       
       576-04240-16                                           2016524c2
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 1001.42,
    3         F.S.; revising the duties of a district school board;
    4         creating s. 1001.66, F.S.; creating a Florida College
    5         System Performance-Based Incentive for Florida College
    6         System institutions; requiring the State Board of
    7         Education to adopt certain metrics and benchmarks;
    8         providing for funding and allocation of the
    9         incentives; authorizing the state board to withhold an
   10         institution’s incentive under certain circumstances;
   11         requiring the Commissioner of Education to withhold
   12         certain disbursements under certain circumstances;
   13         providing for reporting and rulemaking; creating s.
   14         1001.67, F.S.; establishing a collaboration between
   15         the state board and the Legislature to designate
   16         certain Florida College System institutions as
   17         distinguished colleges; specifying standards for the
   18         designation; requiring the state board to award the
   19         designation to certain Florida College System
   20         institutions; providing that the designated
   21         institutions are eligible for funding as specified in
   22         the General Appropriations Act; amending s. 1001.7065,
   23         F.S.; deleting obsolete provisions; revising the
   24         academic and research excellence standards for the
   25         preeminent state research universities program;
   26         requiring the Board of Governors to designate a state
   27         university that meets specified requirements as an
   28         “emerging preeminent state research university”;
   29         requiring an emerging preeminent state research
   30         university to submit a certain plan to the board and
   31         meet specified expectations to receive certain funds;
   32         providing for the distribution of certain funding
   33         increases; deleting provisions relating to the
   34         preeminent state research university enhancement
   35         initiative and special course requirement
   36         authorization; amending s. 1001.92, F.S.; requiring
   37         performance-based metrics to include specified wage
   38         thresholds; requiring the board to establish minimum
   39         performance funding eligibility thresholds;
   40         prohibiting a state university that fails to meet the
   41         state’s threshold from eligibility for a share of the
   42         state’s investment performance funding; requiring the
   43         board to adopt regulations; deleting an expiration;
   44         amending s. 1002.391, F.S.; requiring a school
   45         district to add a specified number of points to the
   46         calculation of a matrix of services for a student who
   47         is deaf and enrolled in an auditory-oral education
   48         program; amending s. 1002.53, F.S.; revising
   49         eligibility for the Voluntary Prekindergarten
   50         Education Program; amending s. 1003.4282, F.S.;
   51         revising the online course requirement; authorizing a
   52         district school board or a charter school governing
   53         board to offer certain additional options to meet the
   54         requirement; amending s. 1011.62, F.S.; creating a
   55         federally connected student supplement for school
   56         districts; specifying eligibility requirements and
   57         calculations for allocations of the supplement;
   58         creating s. 1011.6202, F.S.; creating the Principal
   59         Autonomy Pilot Program Initiative; providing a purpose
   60         for the pilot program; providing a procedure for a
   61         school district to in the pilot program; providing
   62         requirements for participating school districts and
   63         schools; exempting participating schools from certain
   64         laws and rules; requiring principals of participating
   65         schools and specified personnel to complete a
   66         nationally recognized school turnaround program;
   67         providing for the term of participation in the pilot
   68         program; providing for renewal or revocation of
   69         authorization to participate in the pilot program;
   70         providing for reporting, funding, and eligibility
   71         requirements for certain funding and rulemaking;
   72         amending s. 1011.69, F.S.; requiring participating
   73         district school boards to allocate a specified
   74         percentage of certain funds to participating schools;
   75         amending s. 1012.28, F.S.; providing additional
   76         authority and responsibilities of the principal of a
   77         participating school; amending s. 1012.39, F.S.;
   78         providing requirements regarding liability insurance
   79         for students performing clinical field experience;
   80         creating s. 1012.731, F.S.; providing legislative
   81         intent; establishing the Florida Best and Brightest
   82         Teacher Scholarship Program; providing eligibility
   83         criteria; requiring a school district to annually
   84         submit the number of eligible teachers to the
   85         Department of Education; providing for funding and the
   86         disbursement of funds; defining the term “school
   87         district”; amending s. 1012.75, F.S.; requiring annual
   88         notification of liability insurance to specified
   89         personnel; abrogating the scheduled expiration of the
   90         educator liability insurance program; amending s.
   91         1013.62, F.S.; deleting provisions relating to
   92         priorities for charter school capital outlay funding;
   93         deleting provisions relating to a charter school’s
   94         allocation; providing that a charter school is not
   95         eligible for funding unless it meets certain
   96         requirements; defining the term “affiliated party of
   97         the charter school”; revising the funding allocation
   98         calculation; requiring the Department of Education to
   99         calculate and periodically recalculate, as necessary,
  100         the eligible charter school funding allocations;
  101         deleting provisions relating to certain duties of the
  102         Commissioner of Education; amending s. 1013.64, F.S.;
  103         providing that a school district may not receive funds
  104         from the Special Facility Construction Account under
  105         certain circumstances; revising the criteria for a
  106         request for funding; authorizing the request for a
  107         preapplication review to take place at any time;
  108         providing exceptions; revising the timeframe for
  109         completion of the review; providing that certain
  110         capital outlay full-time equivalent student enrollment
  111         estimates be determined by specified estimating
  112         conferences; requiring surveys to be cooperatively
  113         prepared by certain entities and approved by the
  114         Department of Education; prohibiting certain
  115         consultants from specified employment and
  116         compensation; providing an exception to prohibiting
  117         the cost per student station from exceeding a certain
  118         amount; requiring a school district to levy the
  119         maximum millage against certain property value under
  120         certain circumstances; reducing the required millage
  121         to be budgeted for a project; requiring certain plans
  122         to be finalized by a specified date; requiring a
  123         representative of the department to chair the Special
  124         Facility Construction Committee; requiring school
  125         districts to maintain accurate documentation related
  126         to specified costs; requiring the Auditor General to
  127         review such documentation; providing that the Auditor
  128         General makes final determinations on compliance;
  129         requiring the Office of Program Policy Analysis and
  130         Government Accountability to conduct a study, in
  131         consultation with the department, on cost per student
  132         station amounts and on the State Requirements for
  133         Education Facilities; requiring reports to the
  134         Governor and the Legislature by a specified date;
  135         prohibiting a district school board from using funds
  136         for specified purposes for certain projects; providing
  137         sanctions for school districts that exceed certain
  138         costs; providing for the creation of a district
  139         capital outlay oversight committee; providing for
  140         membership of the oversight committee; requiring the
  141         department to provide certain reports to the Auditor
  142         General; deleting a provision relating to
  143         applicability of certain restrictions on the cost per
  144         student station of new construction; amending s.
  145         1013.74, F.S.; authorizing a university board of
  146         trustees to expend reserve or carry-forward balances
  147         for certain projects; establishing a competency-based
  148         innovation pilot program within the Department of
  149         Education; defining the term “competency-based
  150         education”; authorizing certain schools to apply to
  151         the department for approval of a competency-based
  152         innovation pilot program; specifying information to be
  153         included in the application; authorizing certain
  154         waivers; providing reporting and funding requirements
  155         for students participating in the pilot program at
  156         participating schools; requiring the department to
  157         compile certain information and provide access to
  158         statewide, standardized assessments; requiring the
  159         department to submit an annual report to the Governor
  160         and the Legislature by a specified date; specifying
  161         the contents of the annual report; providing for
  162         expiration of the pilot program; amending s. 1002.33,
  163         F.S.; conforming cross-references; providing an
  164         effective date.
  165          
  166  Be It Enacted by the Legislature of the State of Florida:
  167  
  168         Section 1. Present subsection (27) of section 1001.42,
  169  Florida Statutes, is redesignated as subsection (28), and a new
  170  subsection (27) is added to that section, to read:
  171         1001.42 Powers and duties of district school board.—The
  172  district school board, acting as a board, shall exercise all
  173  powers and perform all duties listed below:
  174         (27) VISITATION OF SCHOOLS.—Visit the schools, observe the
  175  management and instruction, give suggestions for improvement,
  176  and advise citizens with the view of promoting interest in
  177  education and improving the school.
  178         Section 2. Section 1001.66, Florida Statutes, is created to
  179  read:
  180         1001.66Florida College System Performance-Based
  181  Incentive.—
  182         (1)A Florida College System Performance-Based Incentive
  183  shall be awarded to Florida College System institutions using
  184  performance-based metrics adopted by the State Board of
  185  Education. The performance-based metrics must include retention
  186  rates; program completion and graduation rates; postgraduation
  187  employment, salaries, and continuing education for workforce
  188  education and baccalaureate programs, with wage thresholds that
  189  reflect the added value of the certificate or degree; and
  190  outcome measures appropriate for associate of arts degree
  191  recipients. The state board shall adopt benchmarks to evaluate
  192  each institution’s performance on the metrics to measure the
  193  institution’s achievement of institutional excellence or need
  194  for improvement and minimum requirements for eligibility to
  195  receive performance funding.
  196         (2)Each fiscal year, the amount of funds available for
  197  allocation to the Florida College System institutions based on
  198  the performance-based funding model shall consist of the state’s
  199  investment in performance funding plus institutional investments
  200  consisting of funds to be redistributed from the base funding of
  201  the Florida College System Program Fund as determined in the
  202  General Appropriations Act. The State Board of Education shall
  203  establish minimum performance funding eligibility thresholds for
  204  the state’s investment and the institutional investments. An
  205  institution that fails to meet the minimum state investment
  206  performance funding eligibility threshold is ineligible for a
  207  share of the state’s investment in performance funding. The
  208  institutional investment shall be restored for all institutions
  209  eligible for the state’s investment under the performance-based
  210  funding model.
  211         (3)(a)Each Florida College System institution’s share of
  212  the performance funding shall be calculated based on its
  213  relative performance on the established metrics in conjunction
  214  with the institutional size and scope.
  215         (b)A Florida College System institution that fails to meet
  216  the State Board of Education’s minimum institutional investment
  217  performance funding eligibility threshold shall have a portion
  218  of its institutional investment withheld by the state board and
  219  must submit an improvement plan to the state board which
  220  specifies the activities and strategies for improving the
  221  institution’s performance. The state board must review and
  222  approve the improvement plan and, if the plan is approved, must
  223  monitor the institution’s progress in implementing the
  224  activities and strategies specified in the improvement plan. The
  225  institution shall submit monitoring reports to the state board
  226  by December 31 and May 31 of each year in which an improvement
  227  plan is in place. The ability of an institution to submit an
  228  improvement plan to the state board is limited to 1 fiscal year.
  229         (c)The Commissioner of Education shall withhold
  230  disbursement of the institutional investment until the
  231  monitoring report is approved by the State Board of Education. A
  232  Florida College System institution determined by the state board
  233  to be making satisfactory progress on implementing the
  234  improvement plan shall receive no more than one-half of the
  235  withheld institutional investment in January and the balance of
  236  the withheld institutional investment in June. An institution
  237  that fails to make satisfactory progress may not have its full
  238  institutional investment restored. Any institutional investment
  239  funds that are not restored shall be redistributed in accordance
  240  with the state board’s performance-based metrics.
  241         (4)Distributions of performance funding, as provided in
  242  this section, shall be made to each of the Florida College
  243  System institutions listed in the Florida Colleges category in
  244  the General Appropriations Act.
  245         (5)By October 1 of each year, the State Board of Education
  246  shall submit to the Governor, the President of the Senate, and
  247  the Speaker of the House of Representatives a report on the
  248  previous fiscal year’s performance funding allocation, which
  249  must reflect the rankings and award distributions.
  250         (6)The State Board of Education shall adopt rules to
  251  administer this section.
  252         Section 3. Section 1001.67, Florida Statutes, is created to
  253  read:
  254         1001.67Distinguished Florida College System Program.—A
  255  collaborative partnership is established between the State Board
  256  of Education and the Legislature to recognize the excellence of
  257  Florida’s highest-performing Florida College system
  258  institutions.
  259         (1) EXCELLENCE STANDARDS.—The following excellence
  260  standards are established for the program:
  261         (a)A 150 percent-of-normal-time completion rate of 50
  262  percent or higher, as calculated by the Division of Florida
  263  Colleges.
  264         (b)A 150 percent-of-normal-time completion rate for Pell
  265  Grant recipients of 40 percent or higher, as calculated by the
  266  Division of Florida Colleges.
  267         (c)A retention rate of 70 percent or higher, as calculated
  268  by the Division of Florida Colleges.
  269         (d)A continuing education, or transfer, rate of 72 percent
  270  or higher for students graduating with an associate of arts
  271  degree, as reported by the Florida Education and Training
  272  Placement Information Program (FETPIP).
  273         (e)A licensure passage rate on the National Council
  274  Licensure Examination for Registered Nurses (NCLEX-RN) of 90
  275  percent or higher for first-time exam takers, as reported by the
  276  Board of Nursing.
  277         (f)A job placement or continuing education rate of 88
  278  percent or higher for workforce programs, as reported by FETPIP.
  279         (g)A time-to-degree for students graduating with an
  280  associate of arts degree of 2.25 years or less for first-time
  281  in-college students with accelerated college credits, as
  282  reported by the Southern Regional Education Board.
  283         (2)DISTINGUISHED COLLEGE DESIGNATION.—The State Board of
  284  Education shall designate each Florida College System
  285  institution that meets five of the seven standards identified in
  286  subsection (1) as a distinguished college.
  287         (3)DISTINGUISHED COLLEGE SUPPORT.—A Florida College System
  288  institution designated as a distinguished college by the State
  289  Board of Education is eligible for funding as specified in the
  290  General Appropriations Act.
  291         Section 4. Subsection (1) of section 1001.7065, Florida
  292  Statutes, is reenacted, and subsections (2), (3), and (5)
  293  through (9) of that section are amended, to read:
  294         1001.7065 Preeminent state research universities program.—
  295         (1) STATE UNIVERSITY SYSTEM SHARED GOVERNANCE
  296  COLLABORATION.—A collaborative partnership is established
  297  between the Board of Governors and the Legislature to elevate
  298  the academic and research preeminence of Florida’s highest
  299  performing state research universities in accordance with this
  300  section. The partnership stems from the State University System
  301  Governance Agreement executed on March 24, 2010, wherein the
  302  Board of Governors and leaders of the Legislature agreed to a
  303  framework for the collaborative exercise of their joint
  304  authority and shared responsibility for the State University
  305  System. The governance agreement confirmed the commitment of the
  306  Board of Governors and the Legislature to continue collaboration
  307  on accountability measures, the use of data, and recommendations
  308  derived from such data.
  309         (2) ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—Effective
  310  July 1, 2013, The following academic and research excellence
  311  standards are established for the preeminent state research
  312  universities program:
  313         (a) An average weighted grade point average of 4.0 or
  314  higher on a 4.0 scale and an average SAT score of 1800 or higher
  315  on a 2400-point scale or 1200 or higher on a 1600-point scale
  316  for fall semester incoming freshmen, as reported annually.
  317         (b) A top-50 ranking on at least two well-known and highly
  318  respected national public university rankings, including, but
  319  not limited to, the U.S. News and World Report rankings,
  320  reflecting national preeminence, using most recent rankings.
  321         (c) A freshman retention rate of 90 percent or higher for
  322  full-time, first-time-in-college students, as reported annually
  323  to the Integrated Postsecondary Education Data System (IPEDS).
  324         (d) A 6-year graduation rate of 70 percent or higher for
  325  full-time, first-time-in-college students, as reported annually
  326  to the IPEDS.
  327         (e) Six or more faculty members at the state university who
  328  are members of a national academy, as reported by the Center for
  329  Measuring University Performance in the Top American Research
  330  Universities (TARU) annual report or the official membership
  331  directories maintained by each national academy.
  332         (f) Total annual research expenditures, including federal
  333  research expenditures, of $200 million or more, as reported
  334  annually by the National Science Foundation (NSF).
  335         (g) Total annual research expenditures in diversified
  336  nonmedical sciences of $150 million or more, based on data
  337  reported annually by the NSF.
  338         (h) A top-100 university national ranking for research
  339  expenditures in five or more science, technology, engineering,
  340  or mathematics fields of study, as reported annually by the NSF.
  341         (i) One hundred or more total patents awarded by the United
  342  States Patent and Trademark Office for the most recent 3-year
  343  period.
  344         (j) Four hundred or more doctoral degrees awarded annually,
  345  including professional doctoral degrees awarded in medical and
  346  health care disciplines, as reported in the Board of Governors
  347  Annual Accountability Report.
  348         (k) Two hundred or more postdoctoral appointees annually,
  349  as reported in the TARU annual report.
  350         (l) An endowment of $500 million or more, as reported in
  351  the Board of Governors Annual Accountability Report.
  352         (3) PREEMINENT STATE RESEARCH UNIVERSITY DESIGNATION.—
  353         (a) The Board of Governors shall designate each state
  354  research university that annually meets at least 11 of the 12
  355  academic and research excellence standards identified in
  356  subsection (2) as a preeminent state research university.
  357  preeminent state research university.
  358         (b)The Board of Governors shall designate each state
  359  university that annually meets at least 6 of the 12 academic and
  360  research excellence standards identified in subsection (2) as an
  361  “emerging preeminent state research university.”
  362         (5) PREEMINENT STATE RESEARCH UNIVERSITIES PROGRAM
  363  UNIVERSITY SUPPORT.—
  364         (a) A state research university that is designated as a
  365  preeminent state research university, as of July 1, 2013, meets
  366  all 12 of the academic and research excellence standards
  367  identified in subsection (2), as verified by the Board of
  368  Governors, shall submit to the Board of Governors a 5-year
  369  benchmark plan with target rankings on key performance metrics
  370  for national excellence. Upon approval by the Board of
  371  Governors, and upon the university’s meeting the benchmark plan
  372  goals annually, the Board of Governors shall award the
  373  university its proportionate share of any funds provided
  374  annually to support the program created under this section an
  375  amount specified in the General Appropriations Act to be
  376  provided annually throughout the 5-year period. Funding for this
  377  purpose is contingent upon specific appropriation in the General
  378  Appropriations Act.
  379         (b)A state university designated as an emerging preeminent
  380  state research university shall submit to the Board of Governors
  381  a 5-year benchmark plan with target rankings on key performance
  382  metrics for national excellence. Upon approval by the Board of
  383  Governors, and upon the university’s meeting the benchmark plan
  384  goals annually, the Board of Governors shall award the
  385  university its proportionate share of any funds provided
  386  annually to support the program created under this section.
  387         (c)The award of funds under this subsection is contingent
  388  upon funding provided in the General Appropriations Act to
  389  support the preeminent state research universities program
  390  created under this section. Funding increases appropriated
  391  beyond the amounts funded in the previous fiscal year shall be
  392  distributed as follows:
  393         1.Each designated preeminent state research university
  394  that meets the criteria in paragraph (a) shall receive an equal
  395  amount of funding.
  396         2.Each designated emerging preeminent state research
  397  university that meets the criteria in paragraph (b) shall
  398  receive an amount of funding that is equal to one-half of the
  399  total increased amount awarded to each designated preeminent
  400  state research university.
  401         (6)PREEMINENT STATE RESEARCH UNIVERSITY ENHANCEMENT
  402  INITIATIVE.—A state research university that, as of July 1,
  403  2013, meets 11 of the 12 academic and research excellence
  404  standards identified in subsection (2), as verified by the Board
  405  of Governors, shall submit to the Board of Governors a 5-year
  406  benchmark plan with target rankings on key performance metrics
  407  for national excellence. Upon the university’s meeting the
  408  benchmark plan goals annually, the Board of Governors shall
  409  award the university an amount specified in the General
  410  Appropriations Act to be provided annually throughout the 5-year
  411  period for the purpose of recruiting National Academy Members,
  412  expediting the provision of a master’s degree in cloud
  413  virtualization, and instituting an entrepreneurs-in-residence
  414  program throughout its campus. Funding for this purpose is
  415  contingent upon specific appropriation in the General
  416  Appropriations Act.
  417         (7)PREEMINENT STATE RESEARCH UNIVERSITY SPECIAL COURSE
  418  REQUIREMENT AUTHORITY.—In order to provide a jointly shared
  419  educational experience, a university that is designated a
  420  preeminent state research university may require its incoming
  421  first-time-in-college students to take a 9-to-12-credit set of
  422  unique courses specifically determined by the university and
  423  published on the university’s website. The university may
  424  stipulate that credit for such courses may not be earned through
  425  any acceleration mechanism pursuant to s. 1007.27 or s. 1007.271
  426  or any other transfer credit. All accelerated credits earned up
  427  to the limits specified in ss. 1007.27 and 1007.271 shall be
  428  applied toward graduation at the student’s request.
  429         (6)(8) PREEMINENT STATE RESEARCH UNIVERSITY FLEXIBILITY
  430  AUTHORITY.—The Board of Governors is encouraged to identify and
  431  grant all reasonable, feasible authority and flexibility to
  432  ensure that a designated preeminent state research university is
  433  free from unnecessary restrictions.
  434         (7)(9) PROGRAMS OF EXCELLENCE THROUGHOUT THE STATE
  435  UNIVERSITY SYSTEM.—The Board of Governors is encouraged to
  436  establish standards and measures whereby individual programs in
  437  state universities that objectively reflect national excellence
  438  can be identified and make recommendations to the Legislature as
  439  to how any such programs could be enhanced and promoted.
  440         Section 5. Section 1001.92, Florida Statutes, is amended to
  441  read:
  442         1001.92 State University System Performance-Based
  443  Incentive.—
  444         (1) A State University System Performance-Based Incentive
  445  shall be awarded to state universities using performance-based
  446  metrics adopted by the Board of Governors of the State
  447  University System. The performance-based metrics must include
  448  graduation rates;, retention rates;, postgraduation education
  449  rates;, degree production;, affordability;, postgraduation
  450  employment and salaries, including wage thresholds that reflect
  451  the added value of a baccalaureate degree; access;, and other
  452  metrics approved by the board in a formally noticed meeting. The
  453  board shall adopt benchmarks to evaluate each state university’s
  454  performance on the metrics to measure the state university’s
  455  achievement of institutional excellence or need for improvement
  456  and minimum requirements for eligibility to receive performance
  457  funding.
  458         (2) Each fiscal year, the amount of funds available for
  459  allocation to the state universities based on the performance
  460  based funding model metrics shall consist of the state’s
  461  investment in appropriation for performance funding, including
  462  increases in base funding plus institutional investments
  463  consisting of funds deducted from the base funding of each state
  464  university in the State University System, in an amount provided
  465  in the General Appropriations Act. The Board of Governors shall
  466  establish minimum performance funding eligibility thresholds for
  467  the state’s investment and the institutional investments. A
  468  state university that fails to meet the minimum state investment
  469  performance funding eligibility threshold is ineligible for a
  470  share of the state’s investment in performance funding. The
  471  institutional investment shall be restored for each institution
  472  eligible for the state’s investment under the performance-based
  473  funding model metrics.
  474         (3)(a) A state university that fails to meet the Board of
  475  Governors’ minimum institutional investment performance funding
  476  eligibility threshold shall have a portion of its institutional
  477  investment withheld by the board and must submit an improvement
  478  plan to the board that specifies the activities and strategies
  479  for improving the state university’s performance. The board must
  480  review and approve the improvement plan and, if the plan is
  481  approved, must monitor the state university’s progress in
  482  implementing the activities and strategies specified in the
  483  improvement plan. The state university shall submit monitoring
  484  reports to the board by December 31 and May 31 of each year in
  485  which an improvement plan is in place. The ability of a state
  486  university to submit an improvement plan to the board is limited
  487  to 1 fiscal year.
  488         (b) The Chancellor of the State University System shall
  489  withhold disbursement of the institutional investment until the
  490  monitoring report is approved by the Board of Governors. A state
  491  university that is determined by the board to be making
  492  satisfactory progress on implementing the improvement plan shall
  493  receive no more than one-half of the withheld institutional
  494  investment in January and the balance of the withheld
  495  institutional investment in June. A state university that fails
  496  to make satisfactory progress may not have its full
  497  institutional investment restored. Any institutional investment
  498  funds that are not restored shall be redistributed in accordance
  499  with the board’s performance-based metrics.
  500         (4) Distributions of performance funding, as provided in
  501  this section, shall be made to each of the state universities
  502  listed in the Education and General Activities category in the
  503  General Appropriations Act.
  504         (5) By October 1 of each year, the Board of Governors shall
  505  submit to the Governor, the President of the Senate, and the
  506  Speaker of the House of Representatives a report on the previous
  507  fiscal year’s performance funding allocation which must reflect
  508  the rankings and award distributions.
  509         (6) The Board of Governors shall adopt regulations to
  510  administer this section expires July 1, 2016.
  511         Section 6. Subsection (4) is added to section 1002.391,
  512  Florida Statutes, to read:
  513         1002.391 Auditory-oral education programs.—
  514         (4) Beginning with the 2017-2018 school year, a school
  515  district shall add four special consideration points to the
  516  calculation of a matrix of services for a student who is deaf
  517  and enrolled in an auditory-oral education program.
  518         Section 7. Subsections (1) and (2) of section 1002.53,
  519  Florida Statutes, are amended to read:
  520         1002.53 Voluntary Prekindergarten Education Program;
  521  eligibility and enrollment.—
  522         (1) The Voluntary Prekindergarten Education Program is
  523  created and shall be organized, designed, and delivered in
  524  accordance with s. 1(b) and (c), Art. IX of the State
  525  Constitution.
  526         (2) Each child who resides in this state who will have
  527  attained the age of 4 years on or before September 1 of the
  528  school year is eligible for the Voluntary Prekindergarten
  529  Education Program during either that school year or the
  530  following school year. The child remains eligible until the
  531  beginning of the school year for which the child is eligible for
  532  admission to kindergarten in a public school under s.
  533  1003.21(1)(a)2. or until the child is admitted to kindergarten,
  534  or unless he or she will have attained the age of 6 years by
  535  February 1 of any school year under s. 1003.21(1)(a)1 whichever
  536  occurs first.
  537         Section 8. Subsection (4) of section 1003.4282, Florida
  538  Statutes, is amended to read:
  539         1003.4282 Requirements for a standard high school diploma.—
  540         (4) ONLINE COURSE REQUIREMENT.—At least one course within
  541  the 24 credits required under this section must be completed
  542  through online learning. A school district may not require a
  543  student to take the online course outside the school day or in
  544  addition to a student’s courses for a given semester.
  545         (a) An online course taken in grade 6, grade 7, or grade 8
  546  fulfills the this requirement in this subsection. The This
  547  requirement is met through an online course offered by the
  548  Florida Virtual School, a virtual education provider approved by
  549  the State Board of Education, a high school, or an online dual
  550  enrollment course. A student who is enrolled in a full-time or
  551  part-time virtual instruction program under s. 1002.45 meets the
  552  this requirement.
  553         (b) A district school board or a charter school governing
  554  board, as applicable, may offer students the following options
  555  to satisfy the online course requirement in this subsection:
  556         1. Completion of a course in which a student earns a
  557  nationally recognized industry certification in information
  558  technology that is identified on the CAPE Industry Certification
  559  Funding List pursuant to s. 1008.44 or passage of the
  560  information technology certification examination without
  561  enrollment in or completion of the corresponding course or
  562  courses, as applicable.
  563         2. Passage of an online content assessment, without
  564  enrollment in or completion of the corresponding course or
  565  courses, as applicable, by which the student demonstrates skills
  566  and competency in locating information and applying technology
  567  for instructional purposes.
  568  
  569  For purposes of this subsection, a school district may not
  570  require a student to take the online course outside the school
  571  day or in addition to a student’s courses for a given semester.
  572  This subsection requirement does not apply to a student who has
  573  an individual education plan under s. 1003.57 which indicates
  574  that an online course would be inappropriate or to an out-of
  575  state transfer student who is enrolled in a Florida high school
  576  and has 1 academic year or less remaining in high school.
  577         Section 9. Effective July 1, 2016, and upon the expiration
  578  of the amendment to section 1011.62, Florida Statutes, made by
  579  chapter 2015-222, Laws of Florida, paragraph (a) of subsection
  580  (4) of that section is amended, present subsections (13), (14),
  581  and (15) of that section are redesignated as subsections (14),
  582  (15), and (16), respectively, a new subsection (13) is added to
  583  that section, and present subsection (14) of that section is
  584  amended, to read:
  585         1011.62 Funds for operation of schools.—If the annual
  586  allocation from the Florida Education Finance Program to each
  587  district for operation of schools is not determined in the
  588  annual appropriations act or the substantive bill implementing
  589  the annual appropriations act, it shall be determined as
  590  follows:
  591         (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
  592  Legislature shall prescribe the aggregate required local effort
  593  for all school districts collectively as an item in the General
  594  Appropriations Act for each fiscal year. The amount that each
  595  district shall provide annually toward the cost of the Florida
  596  Education Finance Program for kindergarten through grade 12
  597  programs shall be calculated as follows:
  598         (a) Estimated taxable value calculations.—
  599         1.a. Not later than 2 working days before prior to July 19,
  600  the Department of Revenue shall certify to the Commissioner of
  601  Education its most recent estimate of the taxable value for
  602  school purposes in each school district and the total for all
  603  school districts in the state for the current calendar year
  604  based on the latest available data obtained from the local
  605  property appraisers. The value certified shall be the taxable
  606  value for school purposes for that year, and no further
  607  adjustments shall be made, except those made pursuant to
  608  paragraphs (c) and (d), or an assessment roll change required by
  609  final judicial decisions as specified in paragraph (15)(b)
  610  (14)(b). Not later than July 19, the Commissioner of Education
  611  shall compute a millage rate, rounded to the next highest one
  612  one-thousandth of a mill, which, when applied to 96 percent of
  613  the estimated state total taxable value for school purposes,
  614  would generate the prescribed aggregate required local effort
  615  for that year for all districts. The Commissioner of Education
  616  shall certify to each district school board the millage rate,
  617  computed as prescribed in this subparagraph, as the minimum
  618  millage rate necessary to provide the district required local
  619  effort for that year.
  620         b. The General Appropriations Act shall direct the
  621  computation of the statewide adjusted aggregate amount for
  622  required local effort for all school districts collectively from
  623  ad valorem taxes to ensure that no school district’s revenue
  624  from required local effort millage will produce more than 90
  625  percent of the district’s total Florida Education Finance
  626  Program calculation as calculated and adopted by the
  627  Legislature, and the adjustment of the required local effort
  628  millage rate of each district that produces more than 90 percent
  629  of its total Florida Education Finance Program entitlement to a
  630  level that will produce only 90 percent of its total Florida
  631  Education Finance Program entitlement in the July calculation.
  632         2. On the same date as the certification in sub
  633  subparagraph 1.a., the Department of Revenue shall certify to
  634  the Commissioner of Education for each district:
  635         a. Each year for which the property appraiser has certified
  636  the taxable value pursuant to s. 193.122(2) or (3), if
  637  applicable, since the prior certification under sub-subparagraph
  638  1.a.
  639         b. For each year identified in sub-subparagraph a., the
  640  taxable value certified by the appraiser pursuant to s.
  641  193.122(2) or (3), if applicable, since the prior certification
  642  under sub-subparagraph 1.a. This is the certification that
  643  reflects all final administrative actions of the value
  644  adjustment board.
  645         (13)FEDERALLY CONNECTED STUDENT SUPPLEMENT.—The federally
  646  connected student supplement is created to provide supplemental
  647  funding for school districts to support the education of
  648  students connected with federally owned military installations,
  649  National Aeronautics and Space Administration (NASA) real
  650  property, and Indian lands. To be eligible for this supplement,
  651  the district must be eligible for federal Impact Aid Program
  652  funds under s. 8003 of Title VIII of the Elementary and
  653  Secondary Education Act of 1965. The supplement shall be
  654  allocated annually to each eligible school district in the
  655  amount provided in the General Appropriations Act. The
  656  supplement shall be the sum of the student allocation and an
  657  exempt property allocation.
  658         (a)The student allocation shall be calculated based on the
  659  number of students reported for federal Impact Aid Program
  660  funds, including students with disabilities, who meet one of the
  661  following criteria:
  662         1.The student has a parent who is on active duty in the
  663  uniformed services or is an accredited foreign government
  664  official and military officer. Students with disabilities shall
  665  also be reported separately for this category.
  666         2.The student resides on eligible federally owned Indian
  667  land. Students with disabilities shall also be reported
  668  separately for this category.
  669         3.The student resides with a civilian parent who lives or
  670  works on eligible federal property connected with a military
  671  installation or NASA. The number of these students shall be
  672  multiplied by a factor of 0.5.
  673         (b)The total number of federally connected students
  674  calculated under paragraph (a) shall be multiplied by a
  675  percentage of the base student allocation as provided in the
  676  General Appropriations Act. The total of the number of students
  677  with disabilities as reported separately under subparagraphs
  678  (a)1. and (a)2. shall be multiplied by an additional percentage
  679  of the base student allocation as provided in the General
  680  Appropriations Act. The base amount and the amount for students
  681  with disabilities shall be summed to provide the student
  682  allocation.
  683         (c)The exempt property allocation shall be equal to the
  684  tax-exempt value of federal impact aid lands reserved as
  685  military installations, real property owned by NASA, or eligible
  686  federally owned Indian lands located in the district, as of
  687  January 1 of the previous year, multiplied by the millage
  688  authorized and levied under s. 1011.71(2).
  689         (14)(13) QUALITY ASSURANCE GUARANTEE.—The Legislature may
  690  annually in the General Appropriations Act determine a
  691  percentage increase in funds per K-12 unweighted FTE as a
  692  minimum guarantee to each school district. The guarantee shall
  693  be calculated from prior year base funding per unweighted FTE
  694  student which shall include the adjusted FTE dollars as provided
  695  in subsection (15) (14), quality guarantee funds, and actual
  696  nonvoted discretionary local effort from taxes. From the base
  697  funding per unweighted FTE, the increase shall be calculated for
  698  the current year. The current year funds from which the
  699  guarantee shall be determined shall include the adjusted FTE
  700  dollars as provided in subsection (15) (14) and potential
  701  nonvoted discretionary local effort from taxes. A comparison of
  702  current year funds per unweighted FTE to prior year funds per
  703  unweighted FTE shall be computed. For those school districts
  704  which have less than the legislatively assigned percentage
  705  increase, funds shall be provided to guarantee the assigned
  706  percentage increase in funds per unweighted FTE student. Should
  707  appropriated funds be less than the sum of this calculated
  708  amount for all districts, the commissioner shall prorate each
  709  district’s allocation. This provision shall be implemented to
  710  the extent specifically funded.
  711         Section 10. Section 1011.6202, Florida Statutes, is created
  712  to read:
  713         1011.6202Principal Autonomy Pilot Program Initiative.—The
  714  Principal Autonomy Pilot Program Initiative is created within
  715  the Department of Education. The purpose of the pilot program is
  716  to provide the highly effective principal of a participating
  717  school with increased autonomy and authority to operate his or
  718  her school in a way that produces significant improvements in
  719  student achievement and school management while complying with
  720  constitutional requirements. The State Board of Education may,
  721  upon approval of a principal autonomy proposal, enter into a
  722  performance contract with up to seven district school boards for
  723  participation in the pilot program.
  724         (1)PARTICIPATING SCHOOL DISTRICTS.—The district school
  725  boards in Broward, Duval, Escambia, Jefferson, Madison, Palm
  726  Beach, Pinellas, and Seminole Counties may submit to the state
  727  board for approval a principal autonomy proposal that exchanges
  728  statutory and rule exemptions for an agreement to meet
  729  performance goals established in the proposal. If approved by
  730  the state board, each of these school districts shall be
  731  eligible to participate in the pilot program for 3 years. At the
  732  end of the 3 years, the performance of all participating schools
  733  in the school district shall be evaluated.
  734         (2)PRINCIPAL AUTONOMY PROPOSAL.—
  735         (a)To participate in the pilot program, a school district
  736  must:
  737         1.Identify three schools that received at least two school
  738  grades of “D” or “F” pursuant to s. 1008.34 during the previous
  739  3 school years.
  740         2.Identify three principals who have earned a highly
  741  effective rating on the prior year’s performance evaluation
  742  pursuant to s. 1012.34, one of whom shall be assigned to each of
  743  the participating schools.
  744         3.Describe the current financial and administrative
  745  management of each participating school; identify the areas in
  746  which each school principal will have increased fiscal and
  747  administrative autonomy, including the authority and
  748  responsibilities provided in s. 1012.28(8); and identify the
  749  areas in which each participating school will continue to follow
  750  district school board fiscal and administrative policies.
  751         4.Explain the methods used to identify the educational
  752  strengths and needs of the participating school’s students and
  753  identify how student achievement can be improved.
  754         5.Establish performance goals for student achievement, as
  755  defined in s. 1008.34(1), and explain how the increased autonomy
  756  of principals will help participating schools improve student
  757  achievement and school management.
  758         6.Provide each participating school’s mission and a
  759  description of its student population.
  760         (b)The state board shall establish criteria, which must
  761  include the criteria listed in paragraph (a), for the approval
  762  of a principal autonomy proposal.
  763         (c)A district school board must submit its principal
  764  autonomy proposal to the state board for approval by December 1
  765  in order to begin participation in the subsequent school year.
  766  By February 28 of the school year in which the proposal is
  767  submitted, the state board shall notify the district school
  768  board in writing whether the proposal is approved.
  769         (3)EXEMPTION FROM LAWS.—
  770         (a)With the exception of those laws listed in paragraph
  771  (b), a participating school is exempt from the provisions of
  772  chapters 1000-1013 and rules of the state board that implement
  773  those exempt provisions.
  774         (b)A participating school shall comply with the provisions
  775  of chapters 1000-1013, and rules of the state board that
  776  implement those provisions, pertaining to the following:
  777         1.Those laws relating to the election and compensation of
  778  district school board members, the election or appointment and
  779  compensation of district school superintendents, public meetings
  780  and public records requirements, financial disclosure, and
  781  conflicts of interest.
  782         2.Those laws relating to the student assessment program
  783  and school grading system, including chapter 1008.
  784         3.Those laws relating to the provision of services to
  785  students with disabilities.
  786         4.Those laws relating to civil rights, including s.
  787  1000.05, relating to discrimination.
  788         5.Those laws relating to student health, safety, and
  789  welfare.
  790         6.Section 1001.42(4)(f), relating to the uniform opening
  791  date for public schools.
  792         7.Section 1003.03, governing maximum class size, except
  793  that the calculation for compliance pursuant to s. 1003.03 is
  794  the average at the school level for a participating school.
  795         8.Sections 1012.22(1)(c) and 1012.27(2), relating to
  796  compensation and salary schedules.
  797         9.Section 1012.33(5), relating to workforce reductions for
  798  annual contracts for instructional personnel. This subparagraph
  799  does not apply to at-will employees.
  800         10.Section 1012.335, relating to annual contracts for
  801  instructional personnel hired on or after July 1, 2011. This
  802  subparagraph does not apply to at-will employees.
  803         11.Section 1012.34, relating to personnel evaluation
  804  procedures and criteria.
  805         12.Those laws pertaining to educational facilities,
  806  including chapter 1013, except that s. 1013.20, relating to
  807  covered walkways for relocatables, and s. 1013.21, relating to
  808  the use of relocatable facilities exceeding 20 years of age, are
  809  eligible for exemption.
  810         13.Those laws pertaining to participating school
  811  districts, including this section and ss. 1011.69(2) and
  812  1012.28(8).
  813         (4) PROFESSIONAL DEVELOPMENT.—Each participating school
  814  district shall require that the principal of each participating
  815  school, a three-member leadership team from each participating
  816  school, and district personnel working with each participating
  817  school complete a nationally recognized school turnaround
  818  program which focuses on improving leadership, instructional
  819  infrastructure, talent management, and differentiated support
  820  and accountability. The required personnel must enroll in the
  821  school turnaround program upon acceptance into the pilot
  822  program.
  823         (5)TERM OF PARTICIPATION.—The state board shall authorize
  824  a school district to participate in the pilot program for a
  825  period of 3 years commencing with approval of the principal
  826  autonomy proposal. Authorization to participate in the pilot
  827  program may be renewed upon action of the state board. The state
  828  board may revoke authorization to participate in the pilot
  829  program if the school district fails to meet the requirements of
  830  this section during the 3-year period.
  831         (6)REPORTING.—Each participating school district shall
  832  submit an annual report to the state board. The state board
  833  shall annually report on the implementation of the Principal
  834  Autonomy Pilot Program Initiative. Upon completion of the pilot
  835  program’s first 3-year term, the Commissioner of Education shall
  836  submit to the President of the Senate and the Speaker of the
  837  House of Representatives by December 1 a full evaluation of the
  838  effectiveness of the pilot program.
  839         (7) FUNDING.—The Legislature may appropriate funding to the
  840  department in the General Appropriations Act for the costs of
  841  the pilot program, including administrative costs and enrollment
  842  costs for the school turnaround program, and an additional
  843  scholarship to each participating principal to be used at his or
  844  her school.
  845         (8) RULEMAKING.—The State Board of Education shall adopt
  846  rules to administer this section.
  847         Section 11. Subsection (2) of section 1011.69, Florida
  848  Statutes, is amended to read:
  849         1011.69 Equity in School-Level Funding Act.—
  850         (2) Beginning in the 2003-2004 fiscal year, district school
  851  boards shall allocate to schools within the district an average
  852  of 90 percent of the funds generated by all schools and
  853  guarantee that each school receives at least 80 percent, except
  854  schools participating in the Principal Autonomy Pilot Program
  855  Initiative under s. 1011.6202 are guaranteed to receive at least
  856  90 percent, of the funds generated by that school based upon the
  857  Florida Education Finance Program as provided in s. 1011.62 and
  858  the General Appropriations Act, including gross state and local
  859  funds, discretionary lottery funds, and funds from the school
  860  district’s current operating discretionary millage levy. Total
  861  funding for each school shall be recalculated during the year to
  862  reflect the revised calculations under the Florida Education
  863  Finance Program by the state and the actual weighted full-time
  864  equivalent students reported by the school during the full-time
  865  equivalent student survey periods designated by the Commissioner
  866  of Education. If the district school board is providing programs
  867  or services to students funded by federal funds, any eligible
  868  students enrolled in the schools in the district shall be
  869  provided federal funds.
  870         Section 12. Subsection (8) is added to section 1012.28,
  871  Florida Statutes, to read:
  872         1012.28 Public school personnel; duties of school
  873  principals.—
  874         (8)The principal of a school participating in the
  875  Principal Autonomy Pilot Program Initiative under s. 1011.6202
  876  has the following additional authority and responsibilities:
  877         (a)In addition to the authority provided in subsection
  878  (6), the authority to select qualified instructional personnel
  879  for placement or to refuse to accept the placement or transfer
  880  of instructional personnel by the district school
  881  superintendent. Placement of instructional personnel at a
  882  participating school in a participating school district does not
  883  affect the employee’s status as a school district employee.
  884         (b)The authority to deploy financial resources to school
  885  programs at the principal’s discretion to help improve student
  886  achievement, as defined in s. 1008.34(1), and meet performance
  887  goals identified in the principal autonomy proposal submitted
  888  pursuant to s. 1011.6202.
  889         (c)To annually provide to the district school
  890  superintendent and the district school board a budget for the
  891  operation of the participating school that identifies how funds
  892  provided pursuant to s. 1011.69(2) are allocated. The school
  893  district shall include the budget in the annual report provided
  894  to the State Board of Education pursuant to s. 1011.6202(6).
  895         Section 13. Subsection (3) of section 1012.39, Florida
  896  Statutes, is amended to read:
  897         1012.39 Employment of substitute teachers, teachers of
  898  adult education, nondegreed teachers of career education, and
  899  career specialists; students performing clinical field
  900  experience.—
  901         (3) A student who is enrolled in a state-approved teacher
  902  preparation program in a postsecondary educational institution
  903  that is approved by rules of the State Board of Education and
  904  who is jointly assigned by the postsecondary educational
  905  institution and a district school board to perform a clinical
  906  field experience under the direction of a regularly employed and
  907  certified educator shall, while serving such supervised clinical
  908  field experience, be accorded the same protection of law as that
  909  accorded to the certified educator except for the right to
  910  bargain collectively as an employee of the district school
  911  board. The district school board providing the clinical field
  912  experience shall notify the student electronically or in writing
  913  of the availability of educator liability insurance under s.
  914  1012.75. A postsecondary educational institution or district
  915  school board may not require a student enrolled in a state
  916  approved teacher preparation program to purchase liability
  917  insurance as a condition of participation in any clinical field
  918  experience or related activity on the premises of an elementary
  919  or a secondary school.
  920         Section 14. Section 1012.731, Florida Statutes, is created
  921  to read:
  922         1012.731 The Florida Best and Brightest Teacher Scholarship
  923  Program.—
  924         (1)The Legislature recognizes that, second only to
  925  parents, teachers play the most critical role within schools in
  926  preparing students to achieve a high level of academic
  927  performance. The Legislature further recognizes that research
  928  has linked student outcomes to a teacher’s own academic
  929  achievement. Therefore, it is the intent of the Legislature to
  930  designate teachers who have achieved high academic standards
  931  during their own education as Florida’s best and brightest
  932  teacher scholars.
  933         (2)There is created the Florida Best and Brightest Teacher
  934  Scholarship Program to be administered by the Department of
  935  Education. The scholarship program shall provide categorical
  936  funding for scholarships to be awarded to classroom teachers, as
  937  defined in s. 1012.01(2)(a), who have demonstrated a high level
  938  of academic achievement.
  939         (3)(a)To be eligible for a scholarship, a classroom
  940  teacher must have achieved a composite score at or above the
  941  80th percentile on either the SAT or the ACT based on the
  942  National Percentile Ranks in effect when the classroom teacher
  943  took the assessment and have been evaluated as highly effective
  944  pursuant to s. 1012.34 in the school year immediately preceding
  945  the year in which the scholarship will be awarded, unless the
  946  classroom teacher is newly hired by the district school board
  947  and has not been evaluated pursuant to s. 1012.34.
  948         (b)In order to demonstrate eligibility for an award, an
  949  eligible classroom teacher must submit to the school district,
  950  no later than November 1, an official record of his or her SAT
  951  or ACT score demonstrating that the classroom teacher scored at
  952  or above the 80th percentile based on the National Percentile
  953  Ranks in effect when the teacher took the assessment. Once a
  954  classroom teacher is deemed eligible by the school district,
  955  including teachers deemed eligible in the 2015-2016 fiscal year,
  956  the teacher shall remain eligible as long as he or she remains
  957  employed by the school district as a classroom teacher at the
  958  time of the award and receives an annual performance evaluation
  959  rating of highly effective pursuant to s. 1012.34.
  960         (4)Annually, by December 1, each school district shall
  961  submit to the department the number of eligible classroom
  962  teachers who qualify for the scholarship.
  963         (5)Annually, by February 1, the department shall disburse
  964  scholarship funds to each school district for each eligible
  965  classroom teacher to receive a scholarship as provided in the
  966  General Appropriations Act. The amount disbursed shall include a
  967  scholarship award of $1,000, from the total amount of funds
  968  appropriated, for each eligible classroom teacher in a Title I
  969  school. Of the remaining funds, a scholarship in the amount
  970  provided in the General Appropriations Act shall be awarded to
  971  every eligible classroom teacher, including those in Title I
  972  schools. If the number of eligible classroom teachers exceeds
  973  the total appropriation authorized in the General Appropriations
  974  Act, the department shall prorate the per-teacher scholarship
  975  amount.
  976         (6)Annually, by April 1, each school district shall award
  977  the scholarship to each eligible classroom teacher.
  978         (7)For purposes of this section, the term “school
  979  district” includes the Florida School for the Deaf and the Blind
  980  and charter school governing boards.
  981         Section 15. Subsection (3) of section 1012.75, Florida
  982  Statutes, is amended to read:
  983         1012.75 Liability of teacher or principal; excessive
  984  force.—
  985         (3) The Department of Education shall administer an
  986  educator liability insurance program, as provided in the General
  987  Appropriations Act, to protect full-time instructional personnel
  988  from liability for monetary damages and the costs of defending
  989  actions resulting from claims made against the instructional
  990  personnel arising out of occurrences in the course of activities
  991  within the instructional personnel’s professional capacity. For
  992  purposes of this subsection, the terms “full-time,” “part-time,”
  993  and “administrative personnel” shall be defined by the
  994  individual district school board. For purposes of this
  995  subsection, the term “instructional personnel” has the same
  996  meaning as provided in s. 1012.01(2).
  997         (a) Liability coverage of at least $2 million shall be
  998  provided to all full-time instructional personnel. Liability
  999  coverage may be provided to the following individuals who choose
 1000  to participate in the program, at cost: part-time instructional
 1001  personnel, administrative personnel, and students enrolled in a
 1002  state-approved teacher preparation program pursuant to s.
 1003  1012.39(3).
 1004         (b) By August 1 of each year, the department shall notify
 1005  the personnel specified in paragraph (a) of the pending
 1006  procurement for liability coverage. By September 1 of each year,
 1007  each district school board shall notify the personnel specified
 1008  in paragraph (a) of the liability coverage provided pursuant to
 1009  this subsection. The department shall develop the form of the
 1010  notice which shall be used by each district school board. The
 1011  notice must be on an 8 1/2-inch by 5 1/2-inch postcard and
 1012  include the amount of coverage, a general description of the
 1013  nature of the coverage, and the contact information for coverage
 1014  and claims questions. The notification shall be provided
 1015  separately from any other correspondence. Each district school
 1016  board shall certify to the department, by September 15 of each
 1017  year, that the notification required by this paragraph has been
 1018  provided.
 1019         (c) The department shall consult with the Department of
 1020  Financial Services to select the most economically prudent and
 1021  cost-effective means of implementing the program through self
 1022  insurance, a risk management program, or competitive
 1023  procurement.
 1024         (d)This subsection expires July 1, 2016.
 1025         Section 16. Section 1013.62, Florida Statutes, is amended
 1026  to read:
 1027         1013.62 Charter schools capital outlay funding.—
 1028         (1) In each year in which funds are appropriated for
 1029  charter school capital outlay purposes, the Commissioner of
 1030  Education shall allocate the funds among eligible charter
 1031  schools as specified in this section.
 1032         (a) To be eligible for a funding allocation, a charter
 1033  school must:
 1034         1.a. Have been in operation for 3 or more years;
 1035         b. Be governed by a governing board established in the
 1036  state for 3 or more years which operates both charter schools
 1037  and conversion charter schools within the state;
 1038         c. Be an expanded feeder chain of a charter school within
 1039  the same school district that is currently receiving charter
 1040  school capital outlay funds;
 1041         d. Have been accredited by the Commission on Schools of the
 1042  Southern Association of Colleges and Schools; or
 1043         e. Serve students in facilities that are provided by a
 1044  business partner for a charter school-in-the-workplace pursuant
 1045  to s. 1002.33(15)(b).
 1046         2. Have financial stability for future operation as a
 1047  charter school.
 1048         3. Have satisfactory student achievement based on state
 1049  accountability standards applicable to the charter school.
 1050         4. Have received final approval from its sponsor pursuant
 1051  to s. 1002.33 for operation during that fiscal year.
 1052         5. Serve students in facilities that are not provided by
 1053  the charter school’s sponsor.
 1054         (b) The first priority for charter school capital outlay
 1055  funding is to allocate to charter schools that received funding
 1056  in the 2005-2006 fiscal year an allocation of the same amount
 1057  per capital outlay full-time equivalent student, up to the
 1058  lesser of the actual number of capital outlay full-time
 1059  equivalent students in the current year, or the capital outlay
 1060  full-time equivalent students in the 2005-2006 fiscal year.
 1061  After calculating the first priority, the second priority is to
 1062  allocate excess funds remaining in the appropriation in an
 1063  amount equal to the per capital outlay full-time equivalent
 1064  student amount in the first priority calculation to eligible
 1065  charter schools not included in the first priority calculation
 1066  and to schools in the first priority calculation with growth
 1067  greater than the 2005-2006 capital outlay full-time equivalent
 1068  students. After calculating the first and second priorities,
 1069  excess funds remaining in the appropriation must be allocated to
 1070  all eligible charter schools.
 1071         (c) A charter school’s allocation may not exceed one
 1072  fifteenth of the cost per student station specified in s.
 1073  1013.64(6)(b). Before releasing capital outlay funds to a school
 1074  district on behalf of the charter school, the Department of
 1075  Education must ensure that the district school board and the
 1076  charter school governing board enter into a written agreement
 1077  that provides for the reversion of any unencumbered funds and
 1078  all equipment and property purchased with public education funds
 1079  to the ownership of the district school board, as provided for
 1080  in subsection (3) if the school terminates operations. Any funds
 1081  recovered by the state shall be deposited in the General Revenue
 1082  Fund.
 1083         (b)(d) A charter school is not eligible for a funding
 1084  allocation if it was created by the conversion of a public
 1085  school and operates in facilities provided by the charter
 1086  school’s sponsor for a nominal fee, or at no charge, or if it is
 1087  directly or indirectly operated by the school district.
 1088         (c) It is the intent of the Legislature that the public
 1089  interest be protected by prohibiting personal financial
 1090  enrichment by owners, operators, managers, and other affiliated
 1091  parties of charter schools. A charter school is not eligible for
 1092  a funding allocation unless the chair of the governing board and
 1093  the chief administrative officer of the charter school annually
 1094  certify under oath that the funds will be used solely and
 1095  exclusively for constructing, renovating, or improving charter
 1096  school facilities that are:
 1097         1. Owned by a school district, political subdivision of the
 1098  state, municipality, Florida College System institution, or
 1099  state university;
 1100         2. Owned by an organization, qualified as an exempt
 1101  organization under s. 501(c)(3) of the Internal Revenue Code,
 1102  whose articles of incorporation specify that upon the
 1103  organization’s dissolution, the subject property will be
 1104  transferred to a school district, political subdivision of the
 1105  state, municipality, Florida College System institution, or
 1106  state university; or
 1107         3. Owned by and leased, at a fair market value in the
 1108  school district in which the charter school is located, from a
 1109  person or entity that is not an affiliated party of the charter
 1110  school. For purposes of this paragraph, the term “affiliated
 1111  party of the charter school” means the applicant for the charter
 1112  school pursuant to s. 1002.33; the governing board of the
 1113  charter school or a member of the governing board; the charter
 1114  school owner; the charter school principal; an employee of the
 1115  charter school; an independent contractor of the charter school
 1116  or the governing board of the charter school; a relative, as
 1117  defined in s. 1002.33(24)(a)2., of a charter school governing
 1118  board member, a charter school owner, a charter school
 1119  principal, a charter school employee, or an independent
 1120  contractor of a charter school or charter school governing
 1121  board; a subsidiary corporation, a service corporation, an
 1122  affiliated corporation, a parent corporation, a limited
 1123  liability company, a limited partnership, a trust, a
 1124  partnership, or a related party that individually or through one
 1125  or more entities that share common ownership or control that
 1126  directly or indirectly manages, administers, controls, or
 1127  oversees the operation of the charter school; or any person or
 1128  entity, individually or through one or more entities that share
 1129  common ownership, that directly or indirectly manages,
 1130  administers, controls, or oversees the operation of any of the
 1131  foregoing.
 1132         (d) The funding allocation for eligible charter schools
 1133  shall be calculated as follows:
 1134         1. Eligible charter schools shall be grouped into
 1135  categories based on their student populations according to the
 1136  following criteria:
 1137         a. Seventy-five percent or greater who are eligible for
 1138  free or reduced-price school lunch.
 1139         b. Twenty-five percent or greater with disabilities as
 1140  defined in state board rule and consistent with the requirements
 1141  of the Individuals with Disabilities Education Act.
 1142         2. If an eligible charter school does not meet the criteria
 1143  for either category under subparagraph 1., its FTE shall be
 1144  provided as the base amount of funding and shall be assigned a
 1145  weight of 1.0. An eligible charter school that meets the
 1146  criteria under sub-subparagraph 1.a. or sub-subparagraph 1.b.
 1147  shall be provided an additional 25 percent above the base
 1148  funding amount, and the total FTE shall be multiplied by a
 1149  weight of 1.25. An eligible charter school that meets the
 1150  criteria under both sub-subparagraphs 1.a. and 1.b. shall be
 1151  provided an additional 50 percent above the base funding amount,
 1152  and the FTE for that school shall be multiplied by a weight of
 1153  1.5.
 1154         3. The state appropriation for charter school capital
 1155  outlay shall be divided by the total weighted FTE for all
 1156  eligible charter schools to determine the base charter school
 1157  per weighted FTE allocation amount. The per weighted FTE
 1158  allocation amount shall be multiplied by the weighted FTE to
 1159  determine each charter school’s capital outlay allocation.
 1160         (e) Unless otherwise provided in the General Appropriations
 1161  Act, the funding allocation for each eligible charter school is
 1162  determined by multiplying the school’s projected student
 1163  enrollment by one-fifteenth of the cost-per-student station
 1164  specified in s. 1013.64(6)(b) for an elementary, middle, or high
 1165  school, as appropriate. If the funds appropriated are not
 1166  sufficient, the commissioner shall prorate the available funds
 1167  among eligible charter schools. However, a charter school or
 1168  charter lab school may not receive state charter school capital
 1169  outlay funds greater than the one-fifteenth cost per student
 1170  station formula if the charter school’s combination of state
 1171  charter school capital outlay funds, capital outlay funds
 1172  calculated through the reduction in the administrative fee
 1173  provided in s. 1002.33(20), and capital outlay funds allowed in
 1174  s. 1002.32(9)(e) and (h) exceeds the one-fifteenth cost per
 1175  student station formula.
 1176         (2)(a)(f)The department shall calculate the eligible
 1177  charter school funding allocations. Funds shall be allocated
 1178  using distributed on the basis of the capital outlay full-time
 1179  equivalent membership from by grade level, which is calculated
 1180  by averaging the results of the second and third enrollment
 1181  surveys and free and reduced-price school lunch data. The
 1182  department shall recalculate the allocations periodically based
 1183  on the receipt of revised information, on a schedule established
 1184  by the Commissioner of Education.
 1185         (b) The department of Education shall distribute capital
 1186  outlay funds monthly, beginning in the first quarter of the
 1187  fiscal year, based on one-twelfth of the amount the department
 1188  reasonably expects the charter school to receive during that
 1189  fiscal year. The commissioner shall adjust subsequent
 1190  distributions as necessary to reflect each charter school’s
 1191  recalculated allocation actual student enrollment as reflected
 1192  in the second and third enrollment surveys. The commissioner
 1193  shall establish the intervals and procedures for determining the
 1194  projected and actual student enrollment of eligible charter
 1195  schools.
 1196         (3)(2) A charter school’s governing body may use charter
 1197  school capital outlay funds for the following purposes:
 1198         (a) Purchase of real property.
 1199         (b) Construction of school facilities.
 1200         (c) Purchase, lease-purchase, or lease of permanent or
 1201  relocatable school facilities.
 1202         (d) Purchase of vehicles to transport students to and from
 1203  the charter school.
 1204         (e) Renovation, repair, and maintenance of school
 1205  facilities that the charter school owns or is purchasing through
 1206  a lease-purchase or long-term lease of 5 years or longer.
 1207         (f) Effective July 1, 2008, purchase, lease-purchase, or
 1208  lease of new and replacement equipment, and enterprise resource
 1209  software applications that are classified as capital assets in
 1210  accordance with definitions of the Governmental Accounting
 1211  Standards Board, have a useful life of at least 5 years, and are
 1212  used to support schoolwide administration or state-mandated
 1213  reporting requirements.
 1214         (g) Payment of the cost of premiums for property and
 1215  casualty insurance necessary to insure the school facilities.
 1216         (h) Purchase, lease-purchase, or lease of driver’s
 1217  education vehicles; motor vehicles used for the maintenance or
 1218  operation of plants and equipment; security vehicles; or
 1219  vehicles used in storing or distributing materials and
 1220  equipment.
 1221  
 1222  Conversion charter schools may use capital outlay funds received
 1223  through the reduction in the administrative fee provided in s.
 1224  1002.33(20) for renovation, repair, and maintenance of school
 1225  facilities that are owned by the sponsor.
 1226         (4)(3)If When a charter school is nonrenewed or
 1227  terminated, any unencumbered funds and all equipment and
 1228  property purchased with district public funds shall revert to
 1229  the ownership of the district school board, as provided for in
 1230  s. 1002.33(8)(e) and (f). In the case of a charter lab school,
 1231  any unencumbered funds and all equipment and property purchased
 1232  with university public funds shall revert to the ownership of
 1233  the state university that issued the charter. The reversion of
 1234  such equipment, property, and furnishings shall focus on
 1235  recoverable assets, but not on intangible or irrecoverable costs
 1236  such as rental or leasing fees, normal maintenance, and limited
 1237  renovations. The reversion of all property secured with public
 1238  funds is subject to the complete satisfaction of all lawful
 1239  liens or encumbrances. If there are additional local issues such
 1240  as the shared use of facilities or partial ownership of
 1241  facilities or property, these issues shall be agreed to in the
 1242  charter contract prior to the expenditure of funds.
 1243         (5)(4) The Commissioner of Education shall specify
 1244  procedures for submitting and approving requests for funding
 1245  under this section and procedures for documenting expenditures.
 1246         (6)(5) The annual legislative budget request of the
 1247  Department of Education shall include a request for capital
 1248  outlay funding for charter schools. The request shall be based
 1249  on the projected number of students to be served in charter
 1250  schools who meet the eligibility requirements of this section. A
 1251  dedicated funding source, if identified in writing by the
 1252  Commissioner of Education and submitted along with the annual
 1253  charter school legislative budget request, may be considered an
 1254  additional source of funding.
 1255         (6) Unless authorized otherwise by the Legislature,
 1256  allocation and proration of charter school capital outlay funds
 1257  shall be made to eligible charter schools by the Commissioner of
 1258  Education in an amount and in a manner authorized by subsection
 1259  (1).
 1260         Section 17. Paragraphs (a) and (b) of subsection (2) and
 1261  paragraphs (b) through (e) of subsection (6) of section 1013.64,
 1262  Florida Statutes, are amended to read:
 1263         1013.64 Funds for comprehensive educational plant needs;
 1264  construction cost maximums for school district capital
 1265  projects.—Allocations from the Public Education Capital Outlay
 1266  and Debt Service Trust Fund to the various boards for capital
 1267  outlay projects shall be determined as follows:
 1268         (2)(a) The department shall establish, as a part of the
 1269  Public Education Capital Outlay and Debt Service Trust Fund, a
 1270  separate account, in an amount determined by the Legislature, to
 1271  be known as the “Special Facility Construction Account.” The
 1272  Special Facility Construction Account shall be used to provide
 1273  necessary construction funds to school districts which have
 1274  urgent construction needs but which lack sufficient resources at
 1275  present, and cannot reasonably anticipate sufficient resources
 1276  within the period of the next 3 years, for these purposes from
 1277  currently authorized sources of capital outlay revenue. A school
 1278  district requesting funding from the Special Facility
 1279  Construction Account shall submit one specific construction
 1280  project, not to exceed one complete educational plant, to the
 1281  Special Facility Construction Committee. A No district may not
 1282  shall receive funding for more than one approved project in any
 1283  3-year period or while any portion of the district’s
 1284  participation requirement is outstanding. The first year of the
 1285  3-year period shall be the first year a district receives an
 1286  appropriation. The department shall encourage a construction
 1287  program that reduces the average size of schools in the
 1288  district. The request must meet the following criteria to be
 1289  considered by the committee:
 1290         1. The project must be deemed a critical need and must be
 1291  recommended for funding by the Special Facility Construction
 1292  Committee. Before Prior to developing construction plans for the
 1293  proposed facility, the district school board must request a
 1294  preapplication review by the Special Facility Construction
 1295  Committee or a project review subcommittee convened by the chair
 1296  of the committee to include two representatives of the
 1297  department and two staff members from school districts not
 1298  eligible to participate in the program. A school district may
 1299  request a preapplication review at any time; however, if the
 1300  district school board seeks inclusion in the department’s next
 1301  annual capital outlay legislative budget request, the
 1302  preapplication review request must be made before February 1.
 1303  Within 90 60 days after receiving the preapplication review
 1304  request, the committee or subcommittee must meet in the school
 1305  district to review the project proposal and existing facilities.
 1306  To determine whether the proposed project is a critical need,
 1307  the committee or subcommittee shall consider, at a minimum, the
 1308  capacity of all existing facilities within the district as
 1309  determined by the Florida Inventory of School Houses; the
 1310  district’s pattern of student growth; the district’s existing
 1311  and projected capital outlay full-time equivalent student
 1312  enrollment as determined by the demographic, revenue, and
 1313  education estimating conferences established in s. 216.136
 1314  department; the district’s existing satisfactory student
 1315  stations; the use of all existing district property and
 1316  facilities; grade level configurations; and any other
 1317  information that may affect the need for the proposed project.
 1318         2. The construction project must be recommended in the most
 1319  recent survey or survey amendment cooperatively prepared surveys
 1320  by the district and the department, and approved by the
 1321  department under the rules of the State Board of Education. If a
 1322  district employs a consultant in the preparation of a survey or
 1323  survey amendment, the consultant may not be employed by or
 1324  receive compensation from a third party that designs or
 1325  constructs a project recommended by the survey.
 1326         3. The construction project must appear on the district’s
 1327  approved project priority list under the rules of the State
 1328  Board of Education.
 1329         4. The district must have selected and had approved a site
 1330  for the construction project in compliance with s. 1013.36 and
 1331  the rules of the State Board of Education.
 1332         5. The district shall have developed a district school
 1333  board adopted list of facilities that do not exceed the norm for
 1334  net square feet occupancy requirements under the State
 1335  Requirements for Educational Facilities, using all possible
 1336  programmatic combinations for multiple use of space to obtain
 1337  maximum daily use of all spaces within the facility under
 1338  consideration.
 1339         6. Upon construction, the total cost per student station,
 1340  including change orders, must not exceed the cost per student
 1341  station as provided in subsection (6) except for cost overruns
 1342  created by a disaster as defined in s. 252.34 or an
 1343  unforeseeable circumstance beyond the district’s control as
 1344  determined by the Special Facility Construction Committee.
 1345         7. There shall be an agreement signed by the district
 1346  school board stating that it will advertise for bids within 30
 1347  days of receipt of its encumbrance authorization from the
 1348  department.
 1349         8. For construction projects for which Special Facilities
 1350  Construction Account funding is sought before the 2019-2020
 1351  fiscal year, the district shall, at the time of the request and
 1352  for a continuing period necessary to meet the district’s
 1353  participation requirement of 3 years, levy the maximum millage
 1354  against its their nonexempt assessed property value as allowed
 1355  in s. 1011.71(2) or shall raise an equivalent amount of revenue
 1356  from the school capital outlay surtax authorized under s.
 1357  212.055(6). Beginning with construction projects for which
 1358  Special Facilities Construction Account funding is sought in the
 1359  2019-2020 fiscal year, the district shall, for a minimum of 3
 1360  years before submitting the request and for a continuing period
 1361  necessary to meet its participation requirement, levy the
 1362  maximum millage against the district’s nonexempt assessed
 1363  property value as authorized under s. 1011.71(2) or shall raise
 1364  an equivalent amount of revenue from the school capital outlay
 1365  surtax authorized under s. 212.055(6). Any district with a new
 1366  or active project, funded under the provisions of this
 1367  subsection, shall be required to budget no more than the value
 1368  of 1 mill 1.5 mills per year to the project until the district’s
 1369  to satisfy the annual participation requirement relating to the
 1370  local discretionary capital improvement millage or the
 1371  equivalent amount of revenue from the school capital outlay
 1372  surtax is satisfied in the Special Facility Construction
 1373  Account.
 1374         9. If a contract has not been signed 90 days after the
 1375  advertising of bids, the funding for the specific project shall
 1376  revert to the Special Facility New Construction Account to be
 1377  reallocated to other projects on the list. However, an
 1378  additional 90 days may be granted by the commissioner.
 1379         10. The department shall certify the inability of the
 1380  district to fund the survey-recommended project over a
 1381  continuous 3-year period using projected capital outlay revenue
 1382  derived from s. 9(d), Art. XII of the State Constitution, as
 1383  amended, paragraph (3)(a) of this section, and s. 1011.71(2).
 1384         11. The district shall have on file with the department an
 1385  adopted resolution acknowledging its 3-year commitment to
 1386  satisfy its participation requirement, which is equivalent to of
 1387  all unencumbered and future revenue acquired from s. 9(d), Art.
 1388  XII of the State Constitution, as amended, paragraph (3)(a) of
 1389  this section, and s. 1011.71(2), in the year of the initial
 1390  appropriation and for the 2 years immediately following the
 1391  initial appropriation.
 1392         12. Final phase III plans must be certified by the district
 1393  school board as complete and in compliance with the building and
 1394  life safety codes before June 1 of the year the application is
 1395  made prior to August 1.
 1396         (b) The Special Facility Construction Committee shall be
 1397  composed of the following: two representatives of the Department
 1398  of Education, a representative from the Governor’s office, a
 1399  representative selected annually by the district school boards,
 1400  and a representative selected annually by the superintendents. A
 1401  representative of the department shall chair the committee.
 1402         (6)
 1403         (b)1. A district school board may must not use funds from
 1404  the following sources: Public Education Capital Outlay and Debt
 1405  Service Trust Fund; School District and Community College
 1406  District Capital Outlay and Debt Service Trust Fund; Classrooms
 1407  First Program funds provided in s. 1013.68; nonvoted 1.5-mill
 1408  levy of ad valorem property taxes provided in s. 1011.71(2);
 1409  Classrooms for Kids Program funds provided in s. 1013.735;
 1410  District Effort Recognition Program funds provided in s.
 1411  1013.736; or High Growth District Capital Outlay Assistance
 1412  Grant Program funds provided in s. 1013.738 for any new
 1413  construction of educational plant space with a total cost per
 1414  student station, including change orders, that equals more than:
 1415         a. $17,952 for an elementary school,
 1416         b. $19,386 for a middle school, or
 1417         c. $25,181 for a high school,
 1418  
 1419  (January 2006) as adjusted annually to reflect increases or
 1420  decreases in the Consumer Price Index.
 1421         2. School districts shall maintain accurate documentation
 1422  related to the costs of all new construction of educational
 1423  plant space reported to the Department of Education pursuant to
 1424  paragraph (d). The Auditor General shall review the
 1425  documentation maintained by the school districts and verify
 1426  compliance with the limits under this paragraph during its
 1427  scheduled operational audits of the school district. The Auditor
 1428  General shall make the final determination on district
 1429  compliance.
 1430         3. The Office of Program Policy Analysis and Government
 1431  Accountability (OPPAGA), in consultation with the department,
 1432  shall:
 1433         a. Conduct a study of the cost per student station amounts
 1434  using the most recent available information on construction
 1435  costs. In this study, the costs per student station should
 1436  represent the costs of classroom construction and administrative
 1437  offices as well as the supplemental costs of core facilities,
 1438  including required media centers, gymnasiums, music rooms,
 1439  cafeterias and their associated kitchens and food service areas,
 1440  vocational areas, and other defined specialty areas, including
 1441  exceptional student education areas. The study must take into
 1442  account appropriate cost-effectiveness factors in school
 1443  construction and should include input from industry experts.
 1444  OPPAGA must provide the results of the study and recommendations
 1445  on the cost per student station to the Governor, the President
 1446  of the Senate, and the Speaker of the House of Representatives
 1447  no later than January 31, 2017.
 1448         b. Conduct a study of the State Requirements for Education
 1449  Facilities (SREF)to identify current requirements that can be
 1450  eliminated or modified in order to decrease the cost of
 1451  construction of educational facilities while ensuring student
 1452  safety. OPPAGA must provide the results of the study, and an
 1453  overall recommendation as to whether SREF should be retained, to
 1454  the Governor, the President of the Senate, and the Speaker of
 1455  the House of Representatives no later than January 31, 2017.
 1456         4. Effective July 1, 2017, in addition to the funding
 1457  sources listed in subparagraph 1., a district school board may
 1458  not use funds from any sources for new construction of
 1459  educational plant space with a total cost per student station,
 1460  including change orders, which equals more than the current
 1461  adjusted amounts provided in sub-subparagraphs 1.a.-c. which
 1462  shall subsequently be adjusted annually to reflect increases or
 1463  decreases in the Consumer Price Index.
 1464         5.2. A district school board must not use funds from the
 1465  Public Education Capital Outlay and Debt Service Trust Fund or
 1466  the School District and Community College District Capital
 1467  Outlay and Debt Service Trust Fund for any new construction of
 1468  an ancillary plant that exceeds 70 percent of the average cost
 1469  per square foot of new construction for all schools.
 1470         (c) Except as otherwise provided, new construction
 1471  initiated by a district school board on or after July 1, 2017,
 1472  may after June 30, 1997, must not exceed the cost per student
 1473  station as provided in paragraph (b). A school district that
 1474  exceeds the cost per student station provided in paragraph (b),
 1475  as determined by the Auditor General, shall be subject to
 1476  sanctions. If the Auditor General determines that the cost per
 1477  student station overage is de minimus or due to extraordinary
 1478  circumstances outside the control of the district, the sanctions
 1479  shall not apply. The sanctions are as follows:
 1480         1. The school district shall be ineligible for allocations
 1481  from the Public Education Capital Outlay and Debt Service Trust
 1482  Fund for the next 3 years in which the school district would
 1483  have received allocations had the violation not occurred.
 1484         2. The school district shall be subject to the supervision
 1485  of a district capital outlay oversight committee. The oversight
 1486  committee is authorized to approve all capital outlay
 1487  expenditures of the school district, including new construction,
 1488  renovations, and remodeling, for 3 fiscal years following the
 1489  violation.
 1490         a. Each oversight committee shall be composed of the
 1491  following:
 1492         (I) One appointee of the Commissioner of Education who has
 1493  significant financial management, school facilities
 1494  construction, or related experience.
 1495         (II) One appointee of the office of the state attorney with
 1496  jurisdiction over the district.
 1497         (III) One appointee of the Auditor General who is a
 1498  licensed certified public accountant.
 1499         b. An appointee to the oversight committee may not be
 1500  employed by the school district; be a relative, as defined in s.
 1501  1002.33(24)(a)2., of any school district employee; or be an
 1502  elected official. Each appointee must sign an affidavit
 1503  attesting to these conditions and affirming that no conflict of
 1504  interest exists in his or her oversight role.
 1505         (d) The department shall:
 1506         1. Compute for each calendar year the statewide average
 1507  construction costs for facilities serving each instructional
 1508  level, for relocatable educational facilities, for
 1509  administrative facilities, and for other ancillary and auxiliary
 1510  facilities. The department shall compute the statewide average
 1511  costs per student station for each instructional level.
 1512         2. Annually review the actual completed construction costs
 1513  of educational facilities in each school district. For any
 1514  school district in which the total actual cost per student
 1515  station, including change orders, exceeds the statewide limits
 1516  established in paragraph (b), the school district shall report
 1517  to the department the actual cost per student station and the
 1518  reason for the school district’s inability to adhere to the
 1519  limits established in paragraph (b). The department shall
 1520  collect all such reports and shall provide these reports to the
 1521  Auditor General for verification purposes report to the
 1522  Governor, the President of the Senate, and the Speaker of the
 1523  House of Representatives by December 31 of each year a summary
 1524  of each school district’s spending in excess of the cost per
 1525  student station provided in paragraph (b) as reported by the
 1526  school districts.
 1527  
 1528  Cost per student station includes contract costs, legal and
 1529  administrative costs, fees of architects and engineers,
 1530  furniture and equipment, and site improvement costs. Cost per
 1531  student station does not include the cost of purchasing or
 1532  leasing the site for the construction or the cost of related
 1533  offsite improvements.
 1534         (e) The restrictions of this subsection on the cost per
 1535  student station of new construction do not apply to a project
 1536  funded entirely from proceeds received by districts through
 1537  provisions of ss. 212.055 and 1011.73 and s. 9, Art. VII of the
 1538  State Constitution, if the school board approves the project by
 1539  majority vote.
 1540         Section 18. Subsection (7) is added to section 1013.74,
 1541  Florida Statutes, to read:
 1542         1013.74 University authorization for fixed capital outlay
 1543  projects.—
 1544         (7) A university board of trustees may expend reserve or
 1545  carry-forward balances from prior year operational and
 1546  programmatic appropriations for fixed capital outlay projects
 1547  approved by the Board of Governors which include significant
 1548  academic instructional space or critical deferred maintenance
 1549  needs in this area.
 1550         Section 19. Competency-based innovation pilot program.
 1551  Beginning with the 2016-2017 school year, a competency-based
 1552  innovation pilot program is established within the Department of
 1553  Education.
 1554         (1) For the purposes of this section, the term “competency
 1555  based education” means a system in which a student may advance
 1556  to higher levels of learning after demonstrating a mastery of
 1557  concepts and skills instead of after a specified timeframe.
 1558         (2) Public schools in Lake, Palm Beach, Pinellas, and
 1559  Seminole Counties; P.K. Yonge Developmental Research School; and
 1560  school districts or charter schools designated by the
 1561  Commissioner of Education may submit an application to the
 1562  department for approval of a competency-based innovation pilot
 1563  program. The application shall be submitted on a form provided
 1564  and by a date specified by the department and must include, but
 1565  need not be limited to, the following:
 1566         (a) A vision for the pilot program, including a timeline
 1567  for the program and the timeframe for districtwide
 1568  implementation of competency-based education.
 1569         (b) Annual goals and performance outcomes that
 1570  participating schools must meet, including, but not limited to:
 1571         1. Student performance, as defined in s. 1008.34, Florida
 1572  Statutes.
 1573         2. Promotion and retention rates.
 1574         3. Graduation rates.
 1575         4. Indicators of college and career readiness.
 1576         (c) A communication plan for stakeholders, including
 1577  businesses and community members.
 1578         (d) A scope of, and a timeline for, professional
 1579  development.
 1580         (e) A plan for student progression based on mastery of
 1581  concepts and skills, including proposed methods to determine the
 1582  degree to which a student has attained mastery of concepts and
 1583  skills.
 1584         (f) A plan for using technology and digital and blended
 1585  learning to enhance student achievement and to facilitate
 1586  competency-based education.
 1587         (g) A plan for how resources will be allocated for the
 1588  pilot program at both the district and school levels.
 1589         (h) The recruitment and selection of participating schools.
 1590         (i) Rules to be waived, as authorized in subsection (3), as
 1591  necessary to implement the program.
 1592         (3) In addition to the waivers provided in s. 1001.10(3),
 1593  Florida Statutes, the State Board of Education may authorize the
 1594  Commissioner of Education to grant waivers relating to the
 1595  awarding of credit and pupil progression.
 1596         (4) Students participating in the pilot program at
 1597  participating schools shall be reported and generate funding
 1598  consistent with the requirements of s. 1011.62, Florida
 1599  Statutes.
 1600         (5) The department shall:
 1601         (a) Compile student and staff schedules before and after
 1602  implementation of the pilot program.
 1603         (b) Provide access to statewide, standardized assessments
 1604  pursuant to s. 1008.22(3), Florida Statutes.
 1605         (c) By June 1 of each year, provide a report summarizing
 1606  the activities and accomplishments of the pilot programs and any
 1607  recommendations for statutory revisions for statewide
 1608  implementation to the Governor, the President of the Senate, and
 1609  the Speaker of the House of Representatives.
 1610         (6) This section expires June 30, 2021.
 1611         Section 20. Paragraph (a) of subsection (20) of section
 1612  1002.33, Florida Statutes, is amended to read:
 1613         1002.33 Charter schools.—
 1614         (20) SERVICES.—
 1615         (a)1. A sponsor shall provide certain administrative and
 1616  educational services to charter schools. These services shall
 1617  include contract management services; full-time equivalent and
 1618  data reporting services; exceptional student education
 1619  administration services; services related to eligibility and
 1620  reporting duties required to ensure that school lunch services
 1621  under the federal lunch program, consistent with the needs of
 1622  the charter school, are provided by the school district at the
 1623  request of the charter school, that any funds due to the charter
 1624  school under the federal lunch program be paid to the charter
 1625  school as soon as the charter school begins serving food under
 1626  the federal lunch program, and that the charter school is paid
 1627  at the same time and in the same manner under the federal lunch
 1628  program as other public schools serviced by the sponsor or the
 1629  school district; test administration services, including payment
 1630  of the costs of state-required or district-required student
 1631  assessments; processing of teacher certificate data services;
 1632  and information services, including equal access to student
 1633  information systems that are used by public schools in the
 1634  district in which the charter school is located. Student
 1635  performance data for each student in a charter school,
 1636  including, but not limited to, FCAT scores, standardized test
 1637  scores, previous public school student report cards, and student
 1638  performance measures, shall be provided by the sponsor to a
 1639  charter school in the same manner provided to other public
 1640  schools in the district.
 1641         2. A total administrative fee for the provision of such
 1642  services shall be calculated based upon up to 5 percent of the
 1643  available funds defined in paragraph (17)(b) for all students,
 1644  except that when 75 percent or more of the students enrolled in
 1645  the charter school are exceptional students as defined in s.
 1646  1003.01(3), the 5 percent of those available funds shall be
 1647  calculated based on unweighted full-time equivalent students.
 1648  However, a sponsor may only withhold up to a 5-percent
 1649  administrative fee for enrollment for up to and including 250
 1650  students. For charter schools with a population of 251 or more
 1651  students, the difference between the total administrative fee
 1652  calculation and the amount of the administrative fee withheld
 1653  may only be used for capital outlay purposes specified in s.
 1654  1013.62(3) s. 1013.62(2).
 1655         3. For high-performing charter schools, as defined in ch.
 1656  2011-232, a sponsor may withhold a total administrative fee of
 1657  up to 2 percent for enrollment up to and including 250 students
 1658  per school.
 1659         4. In addition, a sponsor may withhold only up to a 5
 1660  percent administrative fee for enrollment for up to and
 1661  including 500 students within a system of charter schools which
 1662  meets all of the following:
 1663         a. Includes both conversion charter schools and
 1664  nonconversion charter schools;
 1665         b. Has all schools located in the same county;
 1666         c. Has a total enrollment exceeding the total enrollment of
 1667  at least one school district in the state;
 1668         d. Has the same governing board; and
 1669         e. Does not contract with a for-profit service provider for
 1670  management of school operations.
 1671         5. The difference between the total administrative fee
 1672  calculation and the amount of the administrative fee withheld
 1673  pursuant to subparagraph 4. may be used for instructional and
 1674  administrative purposes as well as for capital outlay purposes
 1675  specified in s. 1013.62(3) s. 1013.62(2).
 1676         6. For a high-performing charter school system that also
 1677  meets the requirements in subparagraph 4., a sponsor may
 1678  withhold a 2-percent administrative fee for enrollments up to
 1679  and including 500 students per system.
 1680         7. Sponsors shall not charge charter schools any additional
 1681  fees or surcharges for administrative and educational services
 1682  in addition to the maximum 5-percent administrative fee withheld
 1683  pursuant to this paragraph.
 1684         8. The sponsor of a virtual charter school may withhold a
 1685  fee of up to 5 percent. The funds shall be used to cover the
 1686  cost of services provided under subparagraph 1. and
 1687  implementation of the school district’s digital classrooms plan
 1688  pursuant to s. 1011.62.
 1689         Section 21. This act shall take effect July 1, 2016.

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