HB 587 2022
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A bill to be entitled 1
An act relating to instructional personnel and school 2
administrator salaries; amending s. 1011.62, F.S.; 3
requiring each school district that has not yet 4
reached a specified minimum base salary to use its 5
share of the teacher salary increase allocation in a 6
specified manner; requiring school districts to use a 7
specified percentage of the allocation to raise the 8
minimum base salary; authorizing school districts that 9
have met the minimum base salary for full -time 10
classroom teachers to use funds to raise the salaries 11
of specified personnel; providing applicability; 12
amending s. 1012.22, F.S.; revising definitions; 13
authorizing, instead of prohibiting, district school 14
boards to use advanced degrees as a criterion in 15
setting a salary schedule for certain personnel; 16
authorizing certain instructional personnel to 17
continue to use a sa lary schedule adopted before a 18
district school board adopts a performance salary 19
schedule or opt into the performance salary schedule; 20
authorizing, instead of requiring, a district school 21
board to base a portion of each employee's 22
compensation upon perform ance; authorizing, instead of 23
requiring, a district school board to adopt a 24
performance salary schedule; conforming provisions to 25
HB 587 2022
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changes made by the act; providing an effective date. 26
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Be It Enacted by the Legislature of the State of Florida: 28
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Section 1. Paragraph (b) of subsection (16) of section 30
1011.62, Florida Statutes, is amended to read: 31
1011.62 Funds for operation of schools. —If the annual 32
allocation from the Florida Education Finance Program to each 33
district for operation of schools is n ot determined in the 34
annual appropriations act or the substantive bill implementing 35
the annual appropriations act, it shall be determined as 36
follows: 37
(16) TEACHER SALARY INCREASE ALLOCATION. —The Legislature 38
may annually provide in the Florida Education F inance Program a 39
teacher salary increase allocation to assist school districts in 40
their recruitment and retention of classroom teachers and other 41
instructional personnel. The amount of the allocation shall be 42
specified in the General Appropriations Act. 43
(b) Allocation funds are restricted in use as follows: 44
1. Each school district that has not yet reached a minimum 45
base salary of $47,500 and charter school shall use its share of 46
the allocation to increase the minimum base salary for full -time 47
classroom teachers, as defined in s. 1012.01(2)(a), plus 48
certified prekindergarten teachers funded in the Florida 49
Education Finance Program, to at least $47,500, or to the 50
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maximum amount achievable based on the allocation and as 51
specified in the General Appropriatio ns Act. School districts 52
shall use at least 50 percent of their share of the allocation 53
to raise the minimum base salary. The term "minimum base salary" 54
means the lowest annual base salary reported on the salary 55
schedule for a full-time classroom teacher. No full-time 56
classroom teacher shall receive a salary less than the minimum 57
base salary as adjusted by this subparagraph. This subparagraph 58
does not apply to substitute teachers. 59
2. In addition, each school district shall use its share 60
of the allocation to provide salary increases, as funding 61
permits, for the following personnel: 62
a. Full-time classroom teachers, as defined in s. 63
1012.01(2)(a), plus certified prekindergarten teachers funded in 64
the Florida Education Finance Program, who did not receive an 65
increase or who received an increase of less than 2 percent 66
under subparagraph 1. or as specified in the General 67
Appropriations Act. This subparagraph does not apply to 68
substitute teachers. 69
b. Other full-time instructional personnel as defined in 70
s. 1012.01(2)(b)-(d). 71
3. A school district or charter school may use funds 72
available after the requirements of subparagraph 1. are met to 73
provide salary increases pursuant to subparagraph 2. 74
4. A school district or charter school shall maintain the 75
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minimum base salary achieved for classroom teachers provided 76
under subparagraph 1. and may not reduce the salary increases 77
provided under subparagraph 2. in any subsequent fiscal year, 78
unless specifically authorized in the General Appropriations 79
Act. 80
5. School districts that have met the minimum base salary 81
of $47,500 for full-time classroom teachers may use funds to 82
raise the salaries of veteran teachers who received less than a 83
3 percent raise in the previous fiscal year and to raise the 84
salaries of other full -time instructional personnel. This 85
subparagraph does not apply to substitute teachers. 86
Section 2. Paragraph (c) of subsection (1) of section 87
1012.22, Florida Statutes, is amended to read: 88
1012.22 Public school personnel; powers and duties of the 89
district school board. —The district school board shall: 90
(1) Designate positions to be filled, prescribe 91
qualifications for those positions, and provide for the 92
appointment, compensation, promotion, susp ension, and dismissal 93
of employees as follows, subject to the requirements of this 94
chapter: 95
(c) Compensation and salary schedules. — 96
1. Definitions.—As used in this paragraph: 97
a. "Adjustment" means an addition to the base salary 98
schedule that is not a bonus and becomes part of the employee's 99
permanent base salary and shall be considered compensation under 100
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s. 121.021(22). 101
b. "Grandfathered salary schedule" means the salary 102
schedule or schedules adopted by a district school board before 103
July 1, 2014, pursuant to subparagraph 4. 104
c. "Instructional personnel" means instructional personnel 105
as defined in s. 1012.01(2)(a) -(d), excluding substitute 106
teachers. 107
c.d. "Performance salary schedule" means the salary 108
schedule or schedules adopted by a district school board may 109
adopt pursuant to subparagraph 5. 110
d.e. "Salary schedule" means the schedule or schedules 111
used to provide the base salary for district school board 112
personnel. 113
e.f. "School administrator" means a school administrator 114
as defined in s. 1012.0 1(3)(c). 115
f.g. "Supplement" means an annual addition to the base 116
salary for the term of the negotiated supplement as long as the 117
employee continues his or her employment for the purpose of the 118
supplement. A supplement does not become part of the employee' s 119
continuing base salary but shall be considered compensation 120
under s. 121.021(22). 121
2. Cost-of-living adjustment.—A district school board may 122
provide a cost-of-living salary adjustment if the adjustment: 123
a. Does not discriminate among comparable classe s of 124
employees based upon the salary schedule under which they are 125
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compensated. 126
b. Does not exceed 50 percent of the annual adjustment 127
provided to instructional personnel rated as effective. 128
3. Advanced degrees. —A district school board may not use 129
advanced degrees in setting a salary schedule for instructional 130
personnel or school administrators hired on or after July 1, 131
2011, unless the advanced degree is held in the individual's 132
area of certification and is only a salary supplement . 133
4. Grandfathered Salary schedule.— 134
a. The district school board shall adopt a salary schedule 135
or salary schedules to be used as the basis for paying all 136
school employees hired before July 1, 2014 . If a school district 137
adopts a Instructional personnel on annual contract a s of July 138
1, 2014, shall be placed on the performance salary schedule , 139
adopted under subparagraph 5. instructional personnel on a 140
continuing contract or professional service contract may 141
continue to use the salary schedule adopted before the 142
performance salary schedule or, if the employee relinquishes his 143
or her contract and agrees to be employed on an annual contract 144
under s. 1012.335, opt into the performance salary schedule if 145
the employee relinquishes such contract and agrees to be 146
employed on an annual contract under s. 1012.335 . Such an 147
employee shall be placed on the performance salary schedule and 148
may not return to continuing contract or professional service 149
contract status. Any employee who opts into the performance 150
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salary schedule may not return to the grandfathered salary 151
schedule under this sub-subparagraph. 152
b. In determining the grandfathered salary schedule for 153
instructional personnel, a district school board may must base a 154
portion of each employee's compensation upon performance 155
demonstrated under s. 1012.34 and shall provide differentiated 156
pay for both instructional personnel and school administrators 157
based upon district-determined factors, including, but not 158
limited to, additional responsibilities, school demographics, 159
critical shortage are as, and level of job performance 160
difficulties. 161
5. Performance salary schedule. —A By July 1, 2014, the 162
district school board may shall adopt a performance salary 163
schedule that provides annual salary adjustments for 164
instructional personnel and school administrators based upon 165
performance determined under s. 1012.34. Employees hired on or 166
after July 1, 2014, or employees who choose to move from the 167
grandfathered salary schedule under sub-subparagraph 4. to the 168
performance salary schedule shall be compensated pursuant to the 169
performance salary schedule once they have received the 170
appropriate performance evaluation for this purpose. 171
a. Base salary.—For a district school board that adopts a 172
performance salary schedule, The base salary shall be 173
established as follows: 174
(I) the base salary for instructional personnel and or 175
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school administrators who opt into the performance salary 176
schedule shall be the salary paid in the prior year, including 177
adjustments only. 178
(II) Instructional personnel or school administrators new 179
to the district, returning to the district after a break in 180
service without an authorized leave of absence, or appointed for 181
the first time to a position in the district in the capacity of 182
instructional personnel or school administrator shall be placed 183
on the performance salary schedule. Beginning July 1, 2021, and 184
until such time as the minimum base salary as defined in s. 185
1011.62(16) equals or exceeds $47,500, the annual increase to 186
the minimum base salary shall not be less than 150 percent of 187
the largest adjustment made to the salary of an employee on the 188
grandfathered salary schedule. Thereafter, the annual increase 189
to the minimum base salary shall not be less than 75 percent of 190
the largest adjustment for an employee on the grandfathered 191
salary schedule. 192
b. Salary adjustments. —For a district school board that 193
adopts a performance salary schedule, salary adjustments for 194
highly effective or effective performance shall be established 195
as follows: 196
(I) The annual salary adjustment under the performance 197
salary schedule for an employee rated as highly effective must 198
be at least 25 percent greater than the highest annual salary 199
adjustment available to an employee of the same classification 200
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through any other salary schedule adopted by the district. 201
(II) The annual salary adjustment under the performance 202
salary schedule for an employee rated as effective must be equal 203
to at least 50 percent and no more than 75 percent of the annual 204
adjustment provided for a highly effective employee of the same 205
classification. 206
(III) A salary schedule shall not provide an annual salary 207
adjustment for an employee who receives a rating other than 208
highly effective or effective for the year. 209
c. Salary supplements. —In addition to the salary 210
adjustments, each district school board shall provide for salary 211
supplements for activities that must include, but are not 212
limited to: 213
(I) Assignment to a Title I eli gible school. 214
(II) Assignment to a school that earned a grade of "F" or 215
three consecutive grades of "D" pursuant to s. 1008.34 such that 216
the supplement remains in force for at least 1 year following 217
improved performance in that school. 218
(III) Certification and teaching in critical teacher 219
shortage areas. Statewide critical teacher shortage areas shall 220
be identified by the State Board of Education under s. 1012.07. 221
However, the district school board may identify other areas of 222
critical shortage within the school district for purposes of 223
this sub-sub-subparagraph and may remove areas identified by the 224
state board which do not apply within the school district. 225
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(IV) Assignment of additional academic responsibilities. 226
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If budget constraints in any given year limit a district school 228
board's ability to fully fund all adopted salary schedules, the 229
performance salary schedule shall not be reduced on the basis of 230
total cost or the value of individual awards in a manner that is 231
proportionally greater than reductions to any other salary 232
schedules adopted by the district. 233
Section 3. This act shall take effect July 1, 2022. 234