Florida 2022 Regular Session

Florida House Bill H0587 Compare Versions

Only one version of the bill is available at this time.
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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to instructional personnel and school 2
1616 administrator salaries; amending s. 1011.62, F.S.; 3
1717 requiring each school district that has not yet 4
1818 reached a specified minimum base salary to use its 5
1919 share of the teacher salary increase allocation in a 6
2020 specified manner; requiring school districts to use a 7
2121 specified percentage of the allocation to raise the 8
2222 minimum base salary; authorizing school districts that 9
2323 have met the minimum base salary for full -time 10
2424 classroom teachers to use funds to raise the salaries 11
2525 of specified personnel; providing applicability; 12
2626 amending s. 1012.22, F.S.; revising definitions; 13
2727 authorizing, instead of prohibiting, district school 14
2828 boards to use advanced degrees as a criterion in 15
2929 setting a salary schedule for certain personnel; 16
3030 authorizing certain instructional personnel to 17
3131 continue to use a sa lary schedule adopted before a 18
3232 district school board adopts a performance salary 19
3333 schedule or opt into the performance salary schedule; 20
3434 authorizing, instead of requiring, a district school 21
3535 board to base a portion of each employee's 22
3636 compensation upon perform ance; authorizing, instead of 23
3737 requiring, a district school board to adopt a 24
3838 performance salary schedule; conforming provisions to 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 changes made by the act; providing an effective date. 26
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5353 Be It Enacted by the Legislature of the State of Florida: 28
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5555 Section 1. Paragraph (b) of subsection (16) of section 30
5656 1011.62, Florida Statutes, is amended to read: 31
5757 1011.62 Funds for operation of schools. —If the annual 32
5858 allocation from the Florida Education Finance Program to each 33
5959 district for operation of schools is n ot determined in the 34
6060 annual appropriations act or the substantive bill implementing 35
6161 the annual appropriations act, it shall be determined as 36
6262 follows: 37
6363 (16) TEACHER SALARY INCREASE ALLOCATION. —The Legislature 38
6464 may annually provide in the Florida Education F inance Program a 39
6565 teacher salary increase allocation to assist school districts in 40
6666 their recruitment and retention of classroom teachers and other 41
6767 instructional personnel. The amount of the allocation shall be 42
6868 specified in the General Appropriations Act. 43
6969 (b) Allocation funds are restricted in use as follows: 44
7070 1. Each school district that has not yet reached a minimum 45
7171 base salary of $47,500 and charter school shall use its share of 46
7272 the allocation to increase the minimum base salary for full -time 47
7373 classroom teachers, as defined in s. 1012.01(2)(a), plus 48
7474 certified prekindergarten teachers funded in the Florida 49
7575 Education Finance Program, to at least $47,500, or to the 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 maximum amount achievable based on the allocation and as 51
8989 specified in the General Appropriatio ns Act. School districts 52
9090 shall use at least 50 percent of their share of the allocation 53
9191 to raise the minimum base salary. The term "minimum base salary" 54
9292 means the lowest annual base salary reported on the salary 55
9393 schedule for a full-time classroom teacher. No full-time 56
9494 classroom teacher shall receive a salary less than the minimum 57
9595 base salary as adjusted by this subparagraph. This subparagraph 58
9696 does not apply to substitute teachers. 59
9797 2. In addition, each school district shall use its share 60
9898 of the allocation to provide salary increases, as funding 61
9999 permits, for the following personnel: 62
100100 a. Full-time classroom teachers, as defined in s. 63
101101 1012.01(2)(a), plus certified prekindergarten teachers funded in 64
102102 the Florida Education Finance Program, who did not receive an 65
103103 increase or who received an increase of less than 2 percent 66
104104 under subparagraph 1. or as specified in the General 67
105105 Appropriations Act. This subparagraph does not apply to 68
106106 substitute teachers. 69
107107 b. Other full-time instructional personnel as defined in 70
108108 s. 1012.01(2)(b)-(d). 71
109109 3. A school district or charter school may use funds 72
110110 available after the requirements of subparagraph 1. are met to 73
111111 provide salary increases pursuant to subparagraph 2. 74
112112 4. A school district or charter school shall maintain the 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 minimum base salary achieved for classroom teachers provided 76
126126 under subparagraph 1. and may not reduce the salary increases 77
127127 provided under subparagraph 2. in any subsequent fiscal year, 78
128128 unless specifically authorized in the General Appropriations 79
129129 Act. 80
130130 5. School districts that have met the minimum base salary 81
131131 of $47,500 for full-time classroom teachers may use funds to 82
132132 raise the salaries of veteran teachers who received less than a 83
133133 3 percent raise in the previous fiscal year and to raise the 84
134134 salaries of other full -time instructional personnel. This 85
135135 subparagraph does not apply to substitute teachers. 86
136136 Section 2. Paragraph (c) of subsection (1) of section 87
137137 1012.22, Florida Statutes, is amended to read: 88
138138 1012.22 Public school personnel; powers and duties of the 89
139139 district school board. —The district school board shall: 90
140140 (1) Designate positions to be filled, prescribe 91
141141 qualifications for those positions, and provide for the 92
142142 appointment, compensation, promotion, susp ension, and dismissal 93
143143 of employees as follows, subject to the requirements of this 94
144144 chapter: 95
145145 (c) Compensation and salary schedules. — 96
146146 1. Definitions.—As used in this paragraph: 97
147147 a. "Adjustment" means an addition to the base salary 98
148148 schedule that is not a bonus and becomes part of the employee's 99
149149 permanent base salary and shall be considered compensation under 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162162 s. 121.021(22). 101
163163 b. "Grandfathered salary schedule" means the salary 102
164164 schedule or schedules adopted by a district school board before 103
165165 July 1, 2014, pursuant to subparagraph 4. 104
166166 c. "Instructional personnel" means instructional personnel 105
167167 as defined in s. 1012.01(2)(a) -(d), excluding substitute 106
168168 teachers. 107
169169 c.d. "Performance salary schedule" means the salary 108
170170 schedule or schedules adopted by a district school board may 109
171171 adopt pursuant to subparagraph 5. 110
172172 d.e. "Salary schedule" means the schedule or schedules 111
173173 used to provide the base salary for district school board 112
174174 personnel. 113
175175 e.f. "School administrator" means a school administrator 114
176176 as defined in s. 1012.0 1(3)(c). 115
177177 f.g. "Supplement" means an annual addition to the base 116
178178 salary for the term of the negotiated supplement as long as the 117
179179 employee continues his or her employment for the purpose of the 118
180180 supplement. A supplement does not become part of the employee' s 119
181181 continuing base salary but shall be considered compensation 120
182182 under s. 121.021(22). 121
183183 2. Cost-of-living adjustment.—A district school board may 122
184184 provide a cost-of-living salary adjustment if the adjustment: 123
185185 a. Does not discriminate among comparable classe s of 124
186186 employees based upon the salary schedule under which they are 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199199 compensated. 126
200200 b. Does not exceed 50 percent of the annual adjustment 127
201201 provided to instructional personnel rated as effective. 128
202202 3. Advanced degrees. —A district school board may not use 129
203203 advanced degrees in setting a salary schedule for instructional 130
204204 personnel or school administrators hired on or after July 1, 131
205205 2011, unless the advanced degree is held in the individual's 132
206206 area of certification and is only a salary supplement . 133
207207 4. Grandfathered Salary schedule.— 134
208208 a. The district school board shall adopt a salary schedule 135
209209 or salary schedules to be used as the basis for paying all 136
210210 school employees hired before July 1, 2014 . If a school district 137
211211 adopts a Instructional personnel on annual contract a s of July 138
212212 1, 2014, shall be placed on the performance salary schedule , 139
213213 adopted under subparagraph 5. instructional personnel on a 140
214214 continuing contract or professional service contract may 141
215215 continue to use the salary schedule adopted before the 142
216216 performance salary schedule or, if the employee relinquishes his 143
217217 or her contract and agrees to be employed on an annual contract 144
218218 under s. 1012.335, opt into the performance salary schedule if 145
219219 the employee relinquishes such contract and agrees to be 146
220220 employed on an annual contract under s. 1012.335 . Such an 147
221221 employee shall be placed on the performance salary schedule and 148
222222 may not return to continuing contract or professional service 149
223223 contract status. Any employee who opts into the performance 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236236 salary schedule may not return to the grandfathered salary 151
237237 schedule under this sub-subparagraph. 152
238238 b. In determining the grandfathered salary schedule for 153
239239 instructional personnel, a district school board may must base a 154
240240 portion of each employee's compensation upon performance 155
241241 demonstrated under s. 1012.34 and shall provide differentiated 156
242242 pay for both instructional personnel and school administrators 157
243243 based upon district-determined factors, including, but not 158
244244 limited to, additional responsibilities, school demographics, 159
245245 critical shortage are as, and level of job performance 160
246246 difficulties. 161
247247 5. Performance salary schedule. —A By July 1, 2014, the 162
248248 district school board may shall adopt a performance salary 163
249249 schedule that provides annual salary adjustments for 164
250250 instructional personnel and school administrators based upon 165
251251 performance determined under s. 1012.34. Employees hired on or 166
252252 after July 1, 2014, or employees who choose to move from the 167
253253 grandfathered salary schedule under sub-subparagraph 4. to the 168
254254 performance salary schedule shall be compensated pursuant to the 169
255255 performance salary schedule once they have received the 170
256256 appropriate performance evaluation for this purpose. 171
257257 a. Base salary.—For a district school board that adopts a 172
258258 performance salary schedule, The base salary shall be 173
259259 established as follows: 174
260260 (I) the base salary for instructional personnel and or 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273273 school administrators who opt into the performance salary 176
274274 schedule shall be the salary paid in the prior year, including 177
275275 adjustments only. 178
276276 (II) Instructional personnel or school administrators new 179
277277 to the district, returning to the district after a break in 180
278278 service without an authorized leave of absence, or appointed for 181
279279 the first time to a position in the district in the capacity of 182
280280 instructional personnel or school administrator shall be placed 183
281281 on the performance salary schedule. Beginning July 1, 2021, and 184
282282 until such time as the minimum base salary as defined in s. 185
283283 1011.62(16) equals or exceeds $47,500, the annual increase to 186
284284 the minimum base salary shall not be less than 150 percent of 187
285285 the largest adjustment made to the salary of an employee on the 188
286286 grandfathered salary schedule. Thereafter, the annual increase 189
287287 to the minimum base salary shall not be less than 75 percent of 190
288288 the largest adjustment for an employee on the grandfathered 191
289289 salary schedule. 192
290290 b. Salary adjustments. —For a district school board that 193
291291 adopts a performance salary schedule, salary adjustments for 194
292292 highly effective or effective performance shall be established 195
293293 as follows: 196
294294 (I) The annual salary adjustment under the performance 197
295295 salary schedule for an employee rated as highly effective must 198
296296 be at least 25 percent greater than the highest annual salary 199
297297 adjustment available to an employee of the same classification 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310310 through any other salary schedule adopted by the district. 201
311311 (II) The annual salary adjustment under the performance 202
312312 salary schedule for an employee rated as effective must be equal 203
313313 to at least 50 percent and no more than 75 percent of the annual 204
314314 adjustment provided for a highly effective employee of the same 205
315315 classification. 206
316316 (III) A salary schedule shall not provide an annual salary 207
317317 adjustment for an employee who receives a rating other than 208
318318 highly effective or effective for the year. 209
319319 c. Salary supplements. —In addition to the salary 210
320320 adjustments, each district school board shall provide for salary 211
321321 supplements for activities that must include, but are not 212
322322 limited to: 213
323323 (I) Assignment to a Title I eli gible school. 214
324324 (II) Assignment to a school that earned a grade of "F" or 215
325325 three consecutive grades of "D" pursuant to s. 1008.34 such that 216
326326 the supplement remains in force for at least 1 year following 217
327327 improved performance in that school. 218
328328 (III) Certification and teaching in critical teacher 219
329329 shortage areas. Statewide critical teacher shortage areas shall 220
330330 be identified by the State Board of Education under s. 1012.07. 221
331331 However, the district school board may identify other areas of 222
332332 critical shortage within the school district for purposes of 223
333333 this sub-sub-subparagraph and may remove areas identified by the 224
334334 state board which do not apply within the school district. 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347347 (IV) Assignment of additional academic responsibilities. 226
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349349 If budget constraints in any given year limit a district school 228
350350 board's ability to fully fund all adopted salary schedules, the 229
351351 performance salary schedule shall not be reduced on the basis of 230
352352 total cost or the value of individual awards in a manner that is 231
353353 proportionally greater than reductions to any other salary 232
354354 schedules adopted by the district. 233
355355 Section 3. This act shall take effect July 1, 2022. 234