CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 1 of 90
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
A bill to be entitled 1
An act relating to education; amending s. 1002.31, 2
F.S.; deleting obsolete language; revising the 3
requirements for school district and charter school 4
capacity determinations; providing requirements for 5
the determination of capacity for certain virtual 6
schools; revising requirements for a certain district 7
school board process required for controlled open 8
enrollment; amending s. 1002.33, F.S.; providing for a 9
standard virtual charter contract and standard virtual 10
charter renewal contract; revising charter 11
requirements; requiring virtual charter schools to 12
comply with specified provisions; amending s. 1002.37, 13
F.S.; deleting the requirement for the board of 14
trustees of the Florida Virtual School to establish 15
criteria defining the elements of an approved 16
franchise; deleting requirements for how school 17
districts with an approved franchise report students 18
for funding; amending s. 1002.394, F.S.; revising 19
Department of Education duties under the Family 20
Empowerment Scholarship Program; revising requirements 21
for a specified calculation; revising the scholarship 22
amount for students enrolled in certain public schools 23
or lab schools; revising terminology; amending s. 24
1002.395, F.S.; revising duties of the department 25
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 2 of 90
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
under the Florida Tax Credit Scholarship Program; 26
authorizing administrative expenses to include certain 27
contracts and strategies relating to the 28
transportation of students; revising the scholarship 29
amount for students enrolled in certain public schools 30
or lab schools; amending s. 1002.40, F.S.; revising 31
Department of Education duties under the Hope 32
Scholarship Program; amending s. 1002.411, F.S.; 33
revising student eligibility requirements for reading 34
scholarship accounts; providing that a school district 35
may not prohibit instructional personnel from 36
providing services during specified time periods; 37
amending s. 1002.45, F.S.; revising and providing 38
definitions; authorizing students who reside in the 39
school district, rather than students enrolled in the 40
school district, to participate in school district 41
virtual instruction programs; deleting the purpose of 42
specified programs; requiring each virtual instruction 43
program, rather than full -time programs, to operate 44
under its own Master School Identification Number; 45
authorizing certain service organizations to execute 46
specified contractual arrangements; revising school 47
district responsibilities; requiring the State Board 48
of Education to approve certain virtual instruction 49
program providers; revising the requirements for 50
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 3 of 90
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
approval of a virtual instruction program provider; 51
providing additional requirements for school district 52
contracts with approved virtual instruction program 53
providers; revising the requirements for calculating 54
student funding for students enrolled in certain 55
virtual education programs; requiring approved v irtual 56
instruction program providers to receive a district 57
grade; providing requirements for such grade; revising 58
requirements for the automatic termination of an 59
approve virtual instruction provider's contract; 60
requiring the State Board of Education to ad opt rules 61
for a specified standard contract; amending s. 62
1002.455, F.S.; revising the virtual instruction 63
options available to certain students; requiring 64
school districts enrolling certain students in virtual 65
education programs to comply with specified en rollment 66
requirements; amending s. 1003.485, F.S.; requiring 67
the administrator of the New Worlds Reading Initiative 68
to provide specified professional development and 69
resources to teachers; requiring students be provided 70
with specified options upon enrollme nt; amending s. 71
1003.498, F.S.; providing requirements for funding for 72
certain virtual courses; amending s. 1003.52, F.S.; 73
revising requirements for the funding of certain 74
students in juvenile justice education programs; 75
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 4 of 90
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
amending s. 1006.12, F.S.; conformi ng cross-76
references; amending s. 1006.22, F.S.; revising the 77
requirements for the use of motor vehicles other than 78
school buses for the transportation of students; 79
amending s. 1006.27, F.S.; requiring the department to 80
develop a grant program for specified purposes 81
relating to the transportation of students; providing 82
requirements for the program; requiring the department 83
to publish on its website an interim and final report 84
by specified dates; providing requirements for such 85
reports; amending s. 1010.20, F .S.; revising the 86
percentage of certain funds school districts must 87
spend on juvenile justice programs; amending s. 88
1011.62, F.S.; revising the calculation for the basic 89
amount for current operation for kindergarten through 90
grade 12; authorizing certain fu nds to be used to 91
purchase certain computers and device hardware; 92
deleting the Florida digital classrooms allocation; 93
deleting the funding compression and hold harmless 94
allocation; amending s. 1011.68, F.S.; revising the 95
requirements for specified student transportation 96
funds to be used to pay for transportation in 97
specified vehicles; amending ss. 1011.71, 1012.22, and 98
1012.584, F.S.; conforming cross -references; providing 99
an effective date. 100
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 5 of 90
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
101
Be It Enacted by the Legislature of the State of Florida: 102
103
Section 1. Paragraphs (a) and (b) of subsection (2) and 104
paragraph (f) of subsection (3) of section 1002.31, Florida 105
Statutes, are amended, and paragraphs (j) and (k) are added to 106
subsection (3) of that section, to read: 107
1002.31 Controlled open enrollme nt; Public school parental 108
choice.— 109
(2)(a) Beginning by the 2017 -2018 school year, As part of 110
a school district's or charter school's controlled open 111
enrollment process, and in addition to the existing public 112
school choice programs provided in s. 1002.20 (6)(a), each 113
district school board or charter school shall allow a parent 114
from any school district in the state whose child is not subject 115
to a current expulsion or suspension to enroll his or her child 116
in and transport his or her child to any public schoo l, 117
including charter schools, that has not reached capacity in the 118
district, subject to the maximum class size pursuant to s. 119
1003.03 and s. 1, Art. IX of the State Constitution. The school 120
district or charter school shall accept the student, pursuant to 121
that school district's or charter school's controlled open 122
enrollment process, and report the student for purposes of the 123
school district's or charter school's funding pursuant to the 124
Florida Education Finance Program. A school district or charter 125
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 6 of 90
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
school may provide transportation to students described under 126
this section. 127
(b) Each school district and charter school capacity 128
determinations for its schools , by grade level, must be updated 129
every 12 weeks current and must be identified on the school 130
district and charter school's websites. In determining the 131
capacity of each district school, the district school board 132
shall incorporate the specifications, plans, elements, and 133
commitments contained in the school district educational 134
facilities plan and the long -term work programs required under 135
s. 1013.35. Each charter school governing board shall determine 136
capacity based upon its charter school contract. Each virtual 137
charter school and each school district with a contract with an 138
approved virtual instruction progr am provider shall determine 139
capacity based upon the enrollment requirements established 140
under s. 1002.45(1)(e)4. 141
(3) Each district school board shall adopt by rule and 142
post on its website the process required to participate in 143
controlled open enrollment. The process must: 144
(f) Require school districts to provide information on 145
Address the availability of transportation options, such as: 146
1. The responsibility of school districts to provide 147
transportation to another public school pursuant to ss. 1002.38, 148
1002.39, and 1002.394. 149
2. The availability of funds for transportation under ss. 150
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 7 of 90
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
1002.394, 1002.395, and 1011.68. 151
3. Any other transportation the school district may 152
provide. 153
4. Any transportation options available in the community . 154
(j) Require school districts to maintain a wait list of 155
students who are denied access due to capacity and notify 156
parents when space becomes available. 157
(k) Require schools to accept students throughout the 158
school year as capacity becomes available. 159
Section 2. Subsections (1) and (7), paragraph (a) of 160
subsection (10), paragraphs (b) and (f) of subsection (17), and 161
paragraph (a) of subsection (21) of section 1002.33, Florida 162
Statutes, are amended to read: 163
1002.33 Charter schools. — 164
(1) AUTHORIZATION.—All charter schools in Florida are 165
public schools and shall be part of the state's program of 166
public education. A charter school may be formed by creating a 167
new school or converting an existing public school to charter 168
status. A charter school may operate a virtual charter school 169
pursuant to s. 1002.45(1)(d) to provide online instruction to 170
students, pursuant to s. 1002.455, in kindergarten through grade 171
12. The school district in which the student enrolls in the 172
virtual charter school shall report the student for f unding 173
pursuant to s. 1011.61(1)(c)1.b.(VI), and the home school 174
district shall not report the student for funding. An existing 175
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 8 of 90
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
charter school that is seeking to become a virtual charter 176
school must amend its charter or submit a new application 177
pursuant to subsection (6) to become a virtual charter school. A 178
virtual charter school is subject to the requirements of this 179
section; however, a virtual charter school is exempt from 180
subparagraph (7)(a)13., subsections (18) and (19), paragraph 181
(20)(c), and s. 1003. 03. A public school may not use the term 182
charter in its name unless it has been approved under this 183
section. 184
(7) CHARTER.—The terms and conditions for the operation of 185
a charter school, including a virtual charter school, shall be 186
set forth by the sponso r and the applicant in a written 187
contractual agreement, called a charter. The sponsor and the 188
governing board of the charter school or virtual charter school 189
shall use the standard charter contract or standard virtual 190
charter contract, respectively, pursuant to subsection (21), 191
which shall incorporate the approved application and any addenda 192
approved with the application. Any term or condition of a 193
proposed charter contract or proposed virtual charter contract 194
that differs from the standard charter or virtual charter 195
contract adopted by rule of the State Board of Education shall 196
be presumed a limitation on charter school flexibility. The 197
sponsor may not impose unreasonable rules or regulations that 198
violate the intent of giving charter schools greater flexibi lity 199
to meet educational goals. The charter shall be signed by the 200
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 9 of 90
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
governing board of the charter school and the sponsor, following 201
a public hearing to ensure community input. 202
(a) The charter shall address and criteria for approval of 203
the charter shall be based on: 204
1. The school's mission, the types of students to be 205
served, and, for a virtual charter school, the types of students 206
the school intends to serve who reside outside of the sponsoring 207
school district, and the ages and grades to be included. 208
2. The focus of the curriculum, the instructional methods 209
to be used, any distinctive instructional techniques to be 210
employed, and identification and acquisition of appropriate 211
technologies needed to improve educational and administrative 212
performance which include a means for promoting safe, ethical, 213
and appropriate uses of technology which comply with legal and 214
professional standards. 215
a. The charter shall ensure that reading is a primary 216
focus of the curriculum and that resources are provided to 217
identify and provide specialized instruction for students who 218
are reading below grade level. The curriculum and instructional 219
strategies for reading must be consistent with the Next 220
Generation Sunshine State Standards and grounded in 221
scientifically based reading r esearch. 222
b. In order to provide students with access to diverse 223
instructional delivery models, to facilitate the integration of 224
technology within traditional classroom instruction, and to 225
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 10 of 90
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
provide students with the skills they need to compete in the 226
21st century economy, the Legislature encourages instructional 227
methods for blended learning courses consisting of both 228
traditional classroom and online instructional techniques. 229
Charter schools may implement blended learning courses which 230
combine traditional cl assroom instruction and virtual 231
instruction. Students in a blended learning course must be full -232
time students of the charter school pursuant to s. 233
1011.61(1)(a)1. Instructional personnel certified pursuant to s. 234
1012.55 who provide virtual instruction for blended learning 235
courses may be employees of the charter school or may be under 236
contract to provide instructional services to charter school 237
students. At a minimum, such instructional personnel must hold 238
an active state or school district adjunct certifica tion under 239
s. 1012.57 for the subject area of the blended learning course. 240
The funding and performance accountability requirements for 241
blended learning courses are the same as those for traditional 242
courses. 243
3. The current incoming baseline standard of st udent 244
academic achievement, the outcomes to be achieved, and the 245
method of measurement that will be used. The criteria listed in 246
this subparagraph shall include a detailed description of: 247
a. How the baseline student academic achievement levels 248
and prior rates of academic progress will be established. 249
b. How these baseline rates will be compared to rates of 250
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 11 of 90
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
academic progress achieved by these same students while 251
attending the charter school. 252
c. To the extent possible, how these rates of progress 253
will be evaluated and compared with rates of progress of other 254
closely comparable student populations. 255
256
A district school board is required to provide academic student 257
performance data to charter schools for each of their students 258
coming from the district school system, as well as rates of 259
academic progress of comparable student populations in the 260
district school system. 261
4. The methods used to identify the educational strengths 262
and needs of students and how well educational goals and 263
performance standards are m et by students attending the charter 264
school. The methods shall provide a means for the charter school 265
to ensure accountability to its constituents by analyzing 266
student performance data and by evaluating the effectiveness and 267
efficiency of its major educati onal programs. Students in 268
charter schools shall, at a minimum, participate in the 269
statewide assessment program created under s. 1008.22. 270
5. In secondary charter schools, a method for determining 271
that a student has satisfied the requirements for graduati on in 272
s. 1002.3105(5), s. 1003.4281, or s. 1003.4282. 273
6. A method for resolving conflicts between the governing 274
board of the charter school and the sponsor. 275
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 12 of 90
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
7. The admissions procedures and dismissal procedures, 276
including the school's code of student c onduct. Admission or 277
dismissal must not be based on a student's academic performance. 278
8. The ways by which the school will achieve a 279
racial/ethnic balance reflective of the community it serves or 280
within the racial/ethnic range of other nearby public scho ols or 281
school districts. 282
9. The financial and administrative management of the 283
school, including a reasonable demonstration of the professional 284
experience or competence of those individuals or organizations 285
applying to operate the charter school or those hired or 286
retained to perform such professional services and the 287
description of clearly delineated responsibilities and the 288
policies and practices needed to effectively manage the charter 289
school. A description of internal audit procedures and 290
establishment of controls to ensure that financial resources are 291
properly managed must be included. Both public sector and 292
private sector professional experience shall be equally valid in 293
such a consideration. 294
10. The asset and liability projections required in the 295
application which are incorporated into the charter and shall be 296
compared with information provided in the annual report of the 297
charter school. 298
11. A description of procedures that identify various 299
risks and provide for a comprehensive approach to reduce the 300
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 13 of 90
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
impact of losses; plans to ensure the safety and security of 301
students and staff; plans to identify, minimize, and protect 302
others from violent or disruptive student behavior; and the 303
manner in which the school will be insured, including whether or 304
not the school will be required to have liability insurance, 305
and, if so, the terms and conditions thereof and the amounts of 306
coverage. 307
12. The term of the charter which shall provide for 308
cancellation of the charter if insufficient progress has been 309
made in attaining the student achievement objectives of the 310
charter and if it is not likely that such objectives can be 311
achieved before expiration of the charter. The initial term of a 312
charter shall be for 5 years, excluding 2 planning years. In 313
order to facilitate access to long-term financial resources for 314
charter school construction, charter schools that are operated 315
by a municipality or other public entity as provided by law are 316
eligible for up to a 15 -year charter, subject to approval by the 317
sponsor. A charter l ab school is eligible for a charter for a 318
term of up to 15 years. In addition, to facilitate access to 319
long-term financial resources for charter school construction, 320
charter schools that are operated by a private, not -for-profit, 321
s. 501(c)(3) status corpor ation are eligible for up to a 15 -year 322
charter, subject to approval by the sponsor. Such long -term 323
charters remain subject to annual review and may be terminated 324
during the term of the charter, but only according to the 325
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 14 of 90
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
provisions set forth in subsection ( 8). 326
13. The facilities to be used and their location. The 327
sponsor may not require a charter school to have a certificate 328
of occupancy or a temporary certificate of occupancy for such a 329
facility earlier than 15 calendar days before the first day of 330
school. 331
14. The qualifications to be required of the teachers and 332
the potential strategies used to recruit, hire, train, and 333
retain qualified staff to achieve best value. 334
15. The governance structure of the school, including the 335
status of the charter school as a public or private employer as 336
required in paragraph (12)(i). 337
16. A timetable for implementing the charter which 338
addresses the implementation of each element thereof and the 339
date by which the charter shall be awarded in order to meet this 340
timetable. 341
17. In the case of an existing public school that is being 342
converted to charter status, alternative arrangements for 343
current students who choose not to attend the charter school and 344
for current teachers who choose not to teach in the charter 345
school after conversion in accordance with the existing 346
collective bargaining agreement or district school board rule in 347
the absence of a collective bargaining agreement. However, 348
alternative arrangements shall not be required for current 349
teachers who choose not to te ach in a charter lab school, except 350
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 15 of 90
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
as authorized by the employment policies of the state university 351
which grants the charter to the lab school. 352
18. Full disclosure of the identity of all relatives 353
employed by the charter school who are related to the charter 354
school owner, president, chairperson of the governing board of 355
directors, superintendent, governing board member, principal, 356
assistant principal, or any other person employed by the charter 357
school who has equivalent decisionmaking authority. For th e 358
purpose of this subparagraph, the term "relative" means father, 359
mother, son, daughter, brother, sister, uncle, aunt, first 360
cousin, nephew, niece, husband, wife, father -in-law, mother-in-361
law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, 362
stepfather, stepmother, stepson, stepdaughter, stepbrother, 363
stepsister, half brother, or half sister. 364
19. Implementation of the activities authorized under s. 365
1002.331 by the charter school when it satisfies the eligibility 366
requirements for a high -performing charter school. A high -367
performing charter school shall notify its sponsor in writing by 368
March 1 if it intends to increase enrollment or expand grade 369
levels the following school year. The written notice shall 370
specify the amount of the enrollment increase and the grade 371
levels that will be added, as applicable. 372
(b) The sponsor has 30 days after approval of the 373
application to provide an initial proposed charter contract to 374
the charter school. The applicant and the sponsor have 40 days 375
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 16 of 90
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
thereafter to negotiat e and notice the charter contract for 376
final approval by the sponsor unless both parties agree to an 377
extension. The proposed charter contract shall be provided to 378
the charter school at least 7 calendar days before the date of 379
the meeting at which the charte r is scheduled to be voted upon 380
by the sponsor. The Department of Education shall provide 381
mediation services for any dispute regarding this section 382
subsequent to the approval of a charter application and for any 383
dispute relating to the approved charter, ex cept a dispute 384
regarding a charter school application denial. If either the 385
charter school or the sponsor indicates in writing that the 386
party does not desire to settle any dispute arising under this 387
section through mediation procedures offered by the Depar tment 388
of Education, a charter school may immediately appeal any formal 389
or informal decision by the sponsor to an administrative law 390
judge appointed by the Division of Administrative Hearings. If 391
the Commissioner of Education determines that the dispute can not 392
be settled through mediation, the dispute may also be appealed 393
to an administrative law judge appointed by the Division of 394
Administrative Hearings. The administrative law judge has final 395
order authority to rule on issues of equitable treatment of the 396
charter school as a public school, whether proposed provisions 397
of the charter violate the intended flexibility granted charter 398
schools by statute, or any other matter regarding this section, 399
except a dispute regarding charter school application denial, a 400
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 17 of 90
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
charter termination, or a charter nonrenewal. The administrative 401
law judge shall award the prevailing party reasonable attorney 402
fees and costs incurred during the mediation process, 403
administrative proceeding, and any appeals, to be paid by the 404
party against whom the administrative law judge rules. 405
(c)1. A charter may be renewed provided that a program 406
review demonstrates that the criteria in paragraph (a) have been 407
successfully accomplished and that none of the grounds for 408
nonrenewal established by paragrap h (8)(a) has been documented. 409
In order to facilitate long -term financing for charter school 410
construction, charter schools operating for a minimum of 3 years 411
and demonstrating exemplary academic programming and fiscal 412
management are eligible for a 15 -year charter renewal. Such 413
long-term charter is subject to annual review and may be 414
terminated during the term of the charter. 415
2. The 15-year charter renewal that may be granted 416
pursuant to subparagraph 1. shall be granted to a charter school 417
that has received a school grade of "A" or "B" pursuant to s. 418
1008.34 in 3 of the past 4 years and is not in a state of 419
financial emergency or deficit position as defined by this 420
section. Such long-term charter is subject to annual review and 421
may be terminated during the t erm of the charter pursuant to 422
subsection (8). 423
(d) A charter may be modified during its initial term or 424
any renewal term upon the recommendation of the sponsor or the 425
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 18 of 90
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
charter school's governing board and the approval of both 426
parties to the agreement. Cha nges to curriculum which are 427
consistent with state standards shall be deemed approved unless 428
the sponsor and the Department of Education determine in writing 429
that the curriculum is inconsistent with state standards. 430
Modification during any term may include , but is not limited to, 431
consolidation of multiple charters into a single charter if the 432
charters are operated under the same governing board, regardless 433
of the renewal cycle. A charter school that is not subject to a 434
school improvement plan and that close s as part of a 435
consolidation shall be reported by the sponsor as a 436
consolidation. 437
(e) A charter may be terminated by a charter school's 438
governing board through voluntary closure. The decision to cease 439
operations must be determined at a public meeting. Th e governing 440
board shall notify the parents and sponsor of the public meeting 441
in writing before the public meeting. The governing board must 442
notify the sponsor, parents of enrolled students, and the 443
department in writing within 24 hours after the public mee ting 444
of its determination. The notice shall state the charter 445
school's intent to continue operations or the reason for the 446
closure and acknowledge that the governing board agrees to 447
follow the procedures for dissolution and reversion of public 448
funds pursuant to paragraphs (8)(d) -(f) and (9)(o). 449
(f) A charter may include a provision requiring the 450
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 19 of 90
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
charter school to be held responsible for all costs associated 451
with, but not limited to, mediation, damages, and attorney fees 452
incurred by the district in connect ion with complaints to the 453
Office of Civil Rights or the Equal Employment Opportunity 454
Commission. 455
(10) ELIGIBLE STUDENTS. — 456
(a)1. A charter school may be exempt from the requirements 457
of s. 1002.31 if the school is open to any student covered in an 458
interdistrict agreement and any student residing in the school 459
district in which the charter school is located. 460
2. A virtual charter school when enrolling students shall 461
comply with the applicable requirements of s. 1002.31 and with 462
the enrollment requiremen ts established under s. 1002.45(1)(e)4. 463
3. A However, in the case of a charter lab school, the 464
charter lab school shall be open to any student eligible to 465
attend the lab school as provided in s. 1002.32 or who resides 466
in the school district in which the charter lab school is 467
located. 468
4. Any eligible student shall be allowed interdistrict 469
transfer to attend a charter school when based on good cause. 470
Good cause shall include, but is not limited to, geographic 471
proximity to a charter school in a neighborin g school district. 472
(17) FUNDING.—Students enrolled in a charter school, 473
regardless of the sponsorship, shall be funded as if they are in 474
a basic program or a special program, the same as students 475
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 20 of 90
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
enrolled in other public schools in a school district. Fun ding 476
for a charter lab school shall be as provided in s. 1002.32. 477
(b)1. The basis for the agreement for funding students 478
enrolled in a charter school shall be the sum of the school 479
district's operating funds from the Florida Education Finance 480
Program as provided in s. 1011.62 and the General Appropriations 481
Act, including gross state and local funds, discretionary 482
lottery funds, and funds from the school district's current 483
operating discretionary millage levy; divided by total funded 484
weighted full-time equivalent students in the school district; 485
and multiplied by the weighted full -time equivalent students for 486
the charter school. Charter schools whose students or programs 487
meet the eligibility criteria in law are entitled to their 488
proportionate share of categ orical program funds included in the 489
total funds available in the Florida Education Finance Program 490
by the Legislature, including transportation, and the evidence-491
based reading allocation , and the Florida digital classrooms 492
allocation. Total funding for ea ch charter school shall be 493
recalculated during the year to reflect the revised calculations 494
under the Florida Education Finance Program by the state and the 495
actual weighted full -time equivalent students reported by the 496
charter school during the full -time equivalent student survey 497
periods designated by the Commissioner of Education. For charter 498
schools operated by a not -for-profit or municipal entity, any 499
unrestricted current and capital assets identified in the 500
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 21 of 90
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
charter school's annual financial audit may be used for other 501
charter schools operated by the not -for-profit or municipal 502
entity within the school district. Unrestricted current assets 503
shall be used in accordance with s. 1011.62, and any 504
unrestricted capital assets shall be used in accordance with s. 505
1013.62(2). 506
2.a. Students enrolled in a charter school sponsored by a 507
state university or Florida College System institution pursuant 508
to paragraph (5)(a) shall be funded as if they are in a basic 509
program or a special program in the school district. The b asis 510
for funding these students is the sum of the total operating 511
funds from the Florida Education Finance Program for the school 512
district in which the school is located as provided in s. 513
1011.62 and the General Appropriations Act, including gross 514
state and local funds, discretionary lottery funds, and funds 515
from each school district's current operating discretionary 516
millage levy, divided by total funded weighted full -time 517
equivalent students in the district, and multiplied by the full -518
time equivalent membe rship of the charter school. The Department 519
of Education shall develop a tool that each state university or 520
Florida College System institution sponsoring a charter school 521
shall use for purposes of calculating the funding amount for 522
each eligible charter sc hool student. The total amount obtained 523
from the calculation must be appropriated from state funds in 524
the General Appropriations Act to the charter school. 525
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 22 of 90
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
b. Capital outlay funding for a charter school sponsored 526
by a state university or Florida College System institution 527
pursuant to paragraph (5)(a) is determined pursuant to s. 528
1013.62 and the General Appropriations Act. 529
(f) Funding for a virtual charter school shall be as 530
provided in s. 1002.45(6) s. 1002.45(7). 531
(21) PUBLIC INFORMATION ON CHARTER SC HOOLS.— 532
(a) The Department of Education shall provide information 533
to the public, directly and through sponsors, on how to form and 534
operate a charter school and how to enroll in a charter school 535
once it is created. This information shall include the stand ard 536
application form, standard charter and virtual charter contracts 537
contract, standard evaluation instrument, and standard charter 538
and virtual charter renewal contracts contract, which shall 539
include the information specified in subsection (7) and shall be 540
developed by consulting and negotiating with both sponsors and 541
charter schools before implementation. The charter and virtual 542
charter contracts and charter renewal and virtual charter 543
contracts shall be used by charter school sponsors. 544
Section 3. Paragraph (i) of subsection (2) and subsection 545
(4) of section 1002.37, Florida Statutes, are amended to read: 546
1002.37 The Florida Virtual School. — 547
(2) The Florida Virtual School shall be governed by a 548
board of trustees comprised of seven members appoin ted by the 549
Governor to 4-year staggered terms. The board of trustees shall 550
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 23 of 90
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
be a public agency entitled to sovereign immunity pursuant to s. 551
768.28, and board members shall be public officers who shall 552
bear fiduciary responsibility for the Florida Virtual S chool. 553
The board of trustees shall have the following powers and 554
duties: 555
(i) The board of trustees shall establish criteria 556
defining the elements of an approved franchise. The board of 557
trustees may enter into franchise agreements with Florida 558
district school boards and may establish the terms and 559
conditions governing such agreements. The board of trustees 560
shall establish the performance and accountability measures and 561
report the performance of each school district franchise to the 562
Commissioner of Educatio n. 563
564
The Governor shall designate the initial chair of the board of 565
trustees to serve a term of 4 years. Members of the board of 566
trustees shall serve without compensation, but may be reimbursed 567
for per diem and travel expenses pursuant to s. 112.061. The 568
board of trustees shall be a body corporate with all the powers 569
of a body corporate and such authority as is needed for the 570
proper operation and improvement of the Florida Virtual School. 571
The board of trustees is specifically authorized to adopt rules, 572
policies, and procedures, consistent with law and rules of the 573
State Board of Education related to governance, personnel, 574
budget and finance, administration, programs, curriculum and 575
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 24 of 90
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
instruction, travel and purchasing, technology, students, 576
contracts and grants , and property as necessary for optimal, 577
efficient operation of the Florida Virtual School. Tangible 578
personal property owned by the board of trustees shall be 579
subject to the provisions of chapter 273. 580
(4) School districts operating a virtual school that is an 581
approved franchise of the Florida Virtual School may count full -582
time equivalent students, as provided in paragraph (3)(a), if 583
such school has been certified as an approved franchise by the 584
Commissioner of Education based on criteria established by th e 585
board of trustees pursuant to paragraph (2)(i). 586
Section 4. Paragraph (a) of subsection (8) and subsection 587
(12) of section 1002.394, Florida Statutes, are amended to read: 588
1002.394 The Family Empowerment Scholarship Program. — 589
(8) DEPARTMENT OF EDUCATION OBLIGATIONS. — 590
(a) The department shall: 591
1. Publish and update, as necessary, information on the 592
department website about the Family Empowerment Scholarship 593
Program, including, but not limited to, student eligibility 594
criteria, parental respons ibilities, and relevant data. 595
2. Cross-check before each distribution of funds the list 596
of participating scholarship students with the public school 597
enrollment lists before each scholarship payment to avoid 598
duplication. 599
3. Maintain and publish a list o f nationally norm-600
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 25 of 90
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
referenced tests identified for purposes of satisfying the 601
testing requirement in subparagraph (9)(c)1. The tests must meet 602
industry standards of quality in accordance with state board 603
rule. 604
4. Notify eligible nonprofit scholarship -funding 605
organizations of the deadlines for submitting the verified list 606
of students determined to be eligible for a scholarship. 607
5. Notify each school district of a parent's participation 608
in the scholarship program for purposes of paragraph (7)(f). 609
6. Deny or terminate program participation upon a parent's 610
failure to comply with subsection (10). 611
7. Notify the parent and the organization when a 612
scholarship account is closed and program funds revert to the 613
state. 614
8. Notify an eligible nonprofit scholarshi p-funding 615
organization of any of the organization's or other 616
organization's identified students who are receiving 617
scholarships under this chapter. 618
9. Maintain on its website a list of approved providers as 619
required by s. 1002.66, eligible postsecondary e ducational 620
institutions, eligible private schools, and eligible 621
organizations and may identify or provide links to lists of 622
other approved providers. 623
10. Require each organization to verify eligible 624
expenditures before the distribution of funds for any 625
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 26 of 90
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
expenditures made pursuant to subparagraphs (4)(b)1. and 2. 626
Review of expenditures made for services specified in 627
subparagraphs (4)(b)3. -15. may be completed after the purchase 628
is made. 629
11. Investigate any written complaint of a violation of 630
this section by a parent, a student, a private school, a public 631
school, a school district, an organization, a provider, or 632
another appropriate party in accordance with the process 633
established under s. 1002.421. 634
12. Require quarterly reports by an organization, which 635
must include, at a minimum, the number of students participating 636
in the program; the demographics of program participants; the 637
disability category of program participants; the matrix level of 638
services, if known; the program award amount per student; the 639
total expenditures for the purposes specified in paragraph 640
(4)(b); the types of providers of services to students; and any 641
other information deemed necessary by the department. 642
13. Notify eligible nonprofit scholarship funding 643
organizations that scholarshi ps may not be awarded in a school 644
district in which the award will exceed 99 percent of the school 645
district's share of state funding through the Florida Education 646
Finance Program as calculated by the department. 647
14. Adjust payments to eligible nonprofit scholarship-648
funding organizations and, when the Florida Education Finance 649
Program is recalculated, adjust the amount of state funds 650
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 27 of 90
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
allocated to school districts through the Florida Education 651
Finance Program based upon the results of the cross -check 652
completed pursuant to subparagraph 2. 653
(12) SCHOLARSHIP FUNDING AND PAYMENT. — 654
(a)1. Scholarships for students determined eligible 655
pursuant to paragraph (3)(a) are established for up to 18,000 656
students annually beginning in the 2019 -2020 school year. 657
Beginning in the 2020-2021 school year, the maximum number of 658
students participating in the scholarship program under this 659
section shall annually increase by 1.0 percent of the state's 660
total full-time equivalent student membership public school 661
student enrollment. An eligible student who meets any of the 662
following requirements shall be excluded from the maximum number 663
of students if the student: 664
a. Received a scholarship pursuant to s. 1002.395 during 665
the previous school year but did not receive a renewal 666
scholarship based solely on the eligible nonprofit scholarship -667
funding organization's lack of available funds after the 668
organization fully exhausted its efforts to use funds available 669
for awards under ss. 1002.395 and 1002.40(11)(i). Eligible 670
nonprofit scholarship -funding organizations with students who 671
meet the criterion in this subparagraph must annually notify the 672
department in a format and by a date established by the 673
department. The maximum number of scholarships awarded pursuant 674
to this subparagraph shall not exceed 15,000 per school year; 675
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 28 of 90
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
a.b. Is a dependent child of a member of the United States 676
Armed Forces, a foster child, or an adopted child; or 677
b.c. Is determined eligible pursuant to subparagraph 678
(3)(a)1. or subparagraph (3)(a)2. and either spent the prior 679
school year in attendance at a Florida public school or, 680
beginning in the 2022 -2023 school year, is eligible to enroll in 681
kindergarten. For purposes of this subparagraph, the term "prior 682
school year in attendance" means that the student was enrolled 683
and reported by a school district for funding during either the 684
preceding October or February full-time equivalent student 685
membership Florida Education Finance Program surveys in 686
kindergarten through grade 12, which includes time spent in a 687
Department of Juvenile Justice commitment program if funded 688
under the Florida Education Finance Program. 689
2. The scholarship amount provided to a student for any 690
single school year shall be for tuition and fees for an eligible 691
private school, not to exceed annual limit s, which shall be 692
determined in accordance with this subparagraph. The calculated 693
scholarship amount for a participating student shall be based 694
upon the grade level and school district in which the student 695
was assigned as 100 percent of the funds per unwei ghted full-696
time equivalent in the Florida Education Finance Program for a 697
student in the basic program established pursuant to s. 698
1011.62(1)(c)1., plus a per -full-time equivalent share of funds 699
for all categorical programs, except for the exceptional stude nt 700
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 29 of 90
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
education guaranteed allocation established pursuant to s. 701
1011.62(1)(e). 702
3. The amount of the scholarship shall be the calculated 703
amount or the amount of the private school's tuition and fees, 704
whichever is less. The amount of any assessment fee requi red by 705
the participating private school and any costs to provide a 706
digital device, including Internet access, if necessary, to the 707
student may be paid from the total amount of the scholarship. 708
4. A scholarship of $750 or an amount equal to the school 709
district expenditure per student riding a school bus, whichever 710
is greater, may be awarded to a student who is determined 711
eligible pursuant to subparagraph (3)(a)1. or subparagraph 712
(3)(a)2. and enrolled in a Florida public school that is 713
different from the sc hool to which the student was assigned or 714
in a lab school as defined in s. 1002.32 if the school district 715
does not provide the student with transportation to the school. 716
5. Upon notification from the organization on July 1, 717
September 1, December 1, and F ebruary 1 that an application has 718
been approved for the program, the department shall verify that 719
the student is not prohibited from receiving a scholarship 720
pursuant to subsection (6). The organization must provide the 721
department with the documentation nec essary to verify the 722
student's participation. Upon receiving the documentation 723
verification, the department shall transfer, from state funds 724
only, the amount calculated pursuant to subparagraph 2. to the 725
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 30 of 90
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
organization for quarterly disbursement to parents o f 726
participating students each school year in which the scholarship 727
is in force. For a student exiting a Department of Juvenile 728
Justice commitment program who chooses to participate in the 729
scholarship program, the amount of the Family Empowerment 730
Scholarship calculated pursuant to subparagraph 2. must be 731
transferred from the school district in which the student last 732
attended a public school before commitment to the Department of 733
Juvenile Justice. When a student enters the scholarship program, 734
the organization must receive all documentation required for the 735
student's participation, including the private school's and the 736
student's fee schedules, at least 30 days before the first 737
quarterly scholarship payment is made for the student. 738
6. The initial payment sha ll be made after the 739
organization's verification of admission acceptance, and 740
subsequent payments shall be made upon verification of continued 741
enrollment and attendance at the private school. Payment must be 742
by individual warrant made payable to the stude nt's parent or by 743
funds transfer or any other means of payment that the department 744
deems to be commercially viable or cost -effective. If the 745
payment is made by warrant, the warrant must be delivered by the 746
organization to the private school of the parent's choice, and 747
the parent shall restrictively endorse the warrant to the 748
private school. An organization shall ensure that the parent to 749
whom the warrant is made has restrictively endorsed the warrant 750
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 31 of 90
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
to the private school for deposit into the account of the 751
private school or that the parent has approved a funds transfer 752
before any scholarship funds are deposited. 753
(b)1. Scholarships for students determined eligible 754
pursuant to paragraph (3)(b) are established for up to 20,000 755
students annually beginning in the 2021-2022 school year. 756
Beginning in the 2022 -2023 school year, the maximum number of 757
students participating in the scholarship program under this 758
section shall annually increase by 1.0 percent of the state's 759
total exceptional student education full -time equivalent student 760
membership enrollment, not including gifted students. An 761
eligible student who meets any of the following requirements 762
shall be excluded from the maximum number of students if the 763
student: 764
a. Received specialized instructional service s under the 765
Voluntary Prekindergarten Education Program pursuant to s. 766
1002.66 during the previous school year and the student has a 767
current IEP developed by the district local school board in 768
accordance with rules of the State Board of Education; 769
b. Is a dependent child of a member of the United States 770
Armed Forces, a foster child, or an adopted child; 771
c. Spent the prior school year in attendance at a Florida 772
public school or the Florida School for the Deaf and the Blind. 773
For purposes of this subparagraph, the term "prior school year 774
in attendance" means that the student was enrolled and reported 775
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 32 of 90
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
by: 776
(I) A school district for funding during either the 777
preceding October or February full-time equivalent student 778
membership Florida Education Finance Program surveys in 779
kindergarten through grade 12, which includes time spent in a 780
Department of Juvenile Just ice commitment program if funded 781
under the Florida Education Finance Program; 782
(II) The Florida School for the Deaf and the Blind during 783
the preceding October or February full-time equivalent student 784
membership surveys in kindergarten through grade 12; 785
(III) A school district for funding during the preceding 786
October or February full-time equivalent student membership 787
Florida Education Finance Program surveys, was at least 4 years 788
of age when enrolled and reported, and was eligible for services 789
under s. 1003.21(1)(e); or 790
(IV) Received a John M. McKay Scholarship for Students 791
with Disabilities in the 2021 -2022 school year. 792
2. For a student who has a Level I to Level III matrix of 793
services or a diagnosis by a physician or psychologist, the 794
calculated scholarship amount for a student participating in the 795
program must be based upon the grade level and school district 796
in which the student would have been enrolled as the total funds 797
per unweighted full-time equivalent in the Florida Education 798
Finance Program for a student in the basic exceptional student 799
education program pursuant to s. 1011.62(1)(c)1. and (e)1.c., 800
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 33 of 90
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
plus a per full-time equivalent share of funds for all 801
categorical programs, as funded in the General Appropriations 802
Act, except that for the excep tional student education 803
guaranteed allocation , as provided in s. 1011.62(1)(e)1.c. and 804
2., the funds must be allocated based on the school district's 805
average exceptional student education guaranteed allocation 806
funds per exceptional student education full -time equivalent 807
student. 808
3. For a student with a Level IV or Level V matrix of 809
services, the calculated scholarship amount must be based upon 810
the school district to which the student would have been 811
assigned as the total funds per full -time equivalent for the 812
Level IV or Level V exceptional student education program 813
pursuant to s. 1011.62(1)(c)2.a. or b., plus a per -full time 814
equivalent share of funds for all categorical programs, as 815
funded in the General Appropriations Act. 816
4. For a student who receive d a Gardiner Scholarship 817
pursuant to s. 1002.385 in the 2020 -2021 school year, the amount 818
shall be the greater of the amount calculated pursuant to 819
subparagraph 2. or the amount the student received for the 2020 -820
2021 school year. 821
5. For a student who rec eived a John M. McKay Scholarship 822
pursuant to s. 1002.39 in the 2020 -2021 school year, the amount 823
shall be the greater of the amount calculated pursuant to 824
subparagraph 2. or the amount the student received for the 2020 -825
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 34 of 90
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
2021 school year. 826
6. Upon notification from an organization on July 1, 827
September 1, December 1, and February 1 that an application has 828
been approved for the program, the department shall verify that 829
the student is not prohibited from receiving a scholarship 830
pursuant to subsection (6). The organization must provide the 831
department with the documentation necessary to verify the 832
student's participation. 833
7. Upon receiving the documentation verification, the 834
department shall release, from state funds only, the student's 835
scholarship funds to the organization, to be deposited into the 836
student's account in four equal amounts no later than September 837
1, November 1, February 1, and April 1 of each school year in 838
which the scholarship is in force. 839
8. Accrued interest in the student's account is in 840
addition to, and not part of, the awarded funds. Program funds 841
include both the awarded funds and accrued interest. 842
9. The organization may develop a system for payment of 843
benefits by funds transfer, including, but not limited to, debit 844
cards, electronic payment cards, or any other means of payment 845
which the department deems to be commercially viable or cost -846
effective. A student's scholarship award may not be reduced for 847
debit card or electronic payment fees. Commodities or services 848
related to the developme nt of such a system must be procured by 849
competitive solicitation unless they are purchased from a state 850
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 35 of 90
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
term contract pursuant to s. 287.056. 851
10. Moneys received pursuant to this section do not 852
constitute taxable income to the qualified student or the pa rent 853
of the qualified student. 854
Section 5. Paragraph (j) of subsection (6), paragraph (d) 855
of subsection (9), and paragraph (a) of subsection (11) of 856
section 1002.395, Florida Statutes, are amended to read: 857
1002.395 Florida Tax Credit Scholarship Progr am.— 858
(6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP -FUNDING 859
ORGANIZATIONS.—An eligible nonprofit scholarship -funding 860
organization: 861
(j)1. May use eligible contributions received pursuant to 862
this section and ss. 212.099, 212.1832, and 1002.40 during t he 863
state fiscal year in which such contributions are collected for 864
administrative expenses if the organization has operated as an 865
eligible nonprofit scholarship -funding organization for at least 866
the preceding 3 fiscal years and did not have any findings of 867
material weakness or material noncompliance in its most recent 868
audit under paragraph (m). Administrative expenses from eligible 869
contributions may not exceed 3 percent of the total amount of 870
all scholarships funded by an eligible scholarship -funding 871
organization under this chapter. Such administrative expenses 872
must be reasonable and necessary for the organization's 873
management and distribution of scholarships funded under this 874
chapter. Administrative expenses may include developing or 875
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 36 of 90
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
contracting with ridesh are programs or facilitating carpool 876
strategies for recipients of a transportation scholarship. No 877
funds authorized under this subparagraph shall be used for 878
lobbying or political activity or expenses related to lobbying 879
or political activity. Up to one -third of the funds authorized 880
for administrative expenses under this subparagraph may be used 881
for expenses related to the recruitment of contributions from 882
taxpayers. An eligible nonprofit scholarship -funding 883
organization may not charge an application fee. 884
2. Must expend for annual or partial -year scholarships an 885
amount equal to or greater than 75 percent of the net eligible 886
contributions remaining after administrative expenses during the 887
state fiscal year in which such contributions are collected. No 888
more than 25 percent of such net eligible contributions may be 889
carried forward to the following state fiscal year. All amounts 890
carried forward, for audit purposes, must be specifically 891
identified for particular students, by student name and the name 892
of the school to which the student is admitted, subject to the 893
requirements of ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g, 894
and the applicable rules and regulations issued pursuant 895
thereto. Any amounts carried forward shall be expended for 896
annual or partial-year scholarships in the following state 897
fiscal year. No later than September 30 of each year, net 898
eligible contributions remaining on June 30 of each year that 899
are in excess of the 25 percent that may be carried forward 900
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 37 of 90
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
shall be used to provide scholarships to eligible students or 901
transferred to other eligible nonprofit scholarship -funding 902
organizations to provide scholarships for eligible students. All 903
transferred funds must be deposited by each eligible nonprofit 904
scholarship-funding organization receiving suc h funds into its 905
scholarship account. All transferred amounts received by any 906
eligible nonprofit scholarship -funding organization must be 907
separately disclosed in the annual financial audit required 908
under paragraph (m). 909
3. Must, before granting a scholars hip for an academic 910
year, document each scholarship student's eligibility for that 911
academic year. A scholarship -funding organization may not grant 912
multiyear scholarships in one approval process. 913
914
Information and documentation provided to the Department of 915
Education and the Auditor General relating to the identity of a 916
taxpayer that provides an eligible contribution under this 917
section shall remain confidential at all times in accordance 918
with s. 213.053. 919
(9) DEPARTMENT OF EDUCATION OBLIGATIONS. —The Department of 920
Education shall: 921
(d) Cross-check the list of participating scholarship 922
students with the public school enrollment lists to avoid 923
duplication and, when the Florida Education Finance Program is 924
recalculated, adjust the amount of state funds allocated to 925
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 38 of 90
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
school districts through the Florida Education Finance Program 926
based upon the results of the cross -check. 927
(11) SCHOLARSHIP AMOUNT AND PAYMENT. — 928
(a) The scholarship amount provided to any student for any 929
single school year by an eligible nonprofit s cholarship-funding 930
organization from eligible contributions shall be for total 931
costs authorized under paragraph (6)(d), not to exceed annual 932
limits, which shall be determined as follows: 933
1. For a student who received a scholarship in the 2018 -934
2019 school year, who remains eligible, and who is enrolled in 935
an eligible private school, the amount shall be the greater 936
amount calculated pursuant to subparagraph 2. or a percentage of 937
the unweighted FTE funding amount for the 2018 -2019 state fiscal 938
year and thereafter as follows: 939
a. Eighty-eight percent for a student enrolled in 940
kindergarten through grade 5. 941
b. Ninety-two percent for a student enrolled in grade 6 942
through grade 8. 943
c. Ninety-six percent for a student enrolled in grade 9 944
through grade 12. 945
2. For students initially eligible in the 2019 -2020 school 946
year or thereafter, the calculated amount for a student to 947
attend an eligible private school shall be calculated in 948
accordance with s. 1002.394(12)(a). 949
3. The scholarship amount awarded to a student enrolled in 950
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 39 of 90
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
a Florida public school in which a student is enrolled and that 951
is different from the school to which the student was assigned 952
or in a lab school as defined in s. 1002.32, must be an amount 953
equal to the school district expenditure per student riding a 954
school bus or is limited to $750, whichever is greater . 955
Section 6. Paragraph (a) of subsection (8) of section 956
1002.40, Florida Statutes, is amended to read: 957
1002.40 The Hope Scholarship Program. — 958
(8) DEPARTMENT OF EDUCATION OBLIGATIONS. —The department 959
shall: 960
(a) Cross-check the list of participating scholarship 961
students with the public school enrollment lists to avoid 962
duplication and, when the Florida Education Finance Program is 963
recalculated, adjust the amount of state funds allocated to 964
school districts through the Florida Education Finance Program 965
based upon the results of the cross -check. 966
Section 7. Subsections (2) and (6) of section 1002.411, 967
Florida Statutes, are amended to read: 968
1002.411 Reading scholarship accounts. — 969
(2) ELIGIBILITY.—Contingent upon available funds, and on a 970
first-come, first-served basis, each student in grades 3 through 971
5 who is enrolled in a Florida public school in kindergarten 972
through grade 5 is eligible for a reading scholarship account if 973
the student has a substantial reading deficiency identified 974
under s. 1008.25(5)(a) or scored below a Level 3 on the grade 3 975
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 40 of 90
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
or grade 4 statewide, standardized English Language Arts (ELA) 976
assessment in the prior school year. An eligible student who is 977
classified as an English Language Learner and is enrolled in a 978
program or receiving services that are specifically designed to 979
meet the instructional needs of English Language Learner 980
students shall receive priority. 981
(6) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIO NS.— 982
(a) By September 30, the school district shall notify the 983
parent of each student in kindergarten grades 3 through grade 5 984
who has a substantial reading deficiency identified under s. 985
1008.25(5)(a) or scored below a level 3 on the statewide, 986
standardized ELA assessment in the prior school year of the 987
process to request and receive a reading scholarship, subject to 988
available funds. 989
(b) A school district may not prohibit instructional 990
personnel from providing services pursuant to this section on 991
the instructional personnel's school campus outside regular work 992
hours. 993
Section 8. Subsections (6) through (11) of section 994
1002.45, Florida Statutes, are renumbered as subsections (5) 995
through (10), respectively, and subsections (1) and (2), 996
paragraphs (b), (c), and (d) of subsection (3), subsections (4) 997
and (5), and present subsections (6), (7), (8), and (11) of 998
section 1002.45, Florida Statutes, are amended, to read: 999
1002.45 Virtual instruction programs. — 1000
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 41 of 90
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
(1) PROGRAM.— 1001
(a) For purposes of this section , the term: 1002
1. "Approved virtual instruction program provider" means a 1003
provider that is approved by the State Board Department of 1004
Education under subsection (2), the Florida Virtual School, a 1005
franchise of the Florida Virtual School, or a Florida College 1006
System institution. 1007
2. "Department" means the Department of Education. 1008
3.2. "Virtual instruction program" means a program of 1009
instruction provided in an interactive learning environment 1010
created through technology in which students are separated from 1011
their teachers by time or space, or both. 1012
(b)1. Each school district shall provide at least one 1013
option for part-time and full-time virtual instruction for 1014
students residing within the school district. All school 1015
districts must provide parents with timely wr itten notification 1016
of at least one open enrollment period for full -time students of 1017
90 days or more which ends 30 days before the first day of the 1018
school year. The purpose of the program is to make quality 1019
virtual instruction available to students using on line and 1020
distance learning technology in the nontraditional classroom. A 1021
school district virtual instruction program shall consist of the 1022
following: 1023
a.1. Full-time and part-time virtual instruction for 1024
students enrolled in kindergarten through grade 12. 1025
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 42 of 90
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
b.2. Full-time or part-time virtual instruction for 1026
students enrolled in dropout prevention and academic 1027
intervention programs under s. 1003.53, Department of Juvenile 1028
Justice education programs under s. 1003.52, core -curricula 1029
courses to meet class size requirements under s. 1003.03, or 1030
Florida College System institutions under this section. 1031
2. Each virtual instruction program established under 1032
paragraph (c) by a school district either directly or through a 1033
contract with an approved virtual instruction program provider 1034
shall operate under its own Master School Identification Number 1035
as prescribed by the department. 1036
(c) To provide students residing within the school 1037
district with the option of participating in virtual instruction 1038
programs as required b y paragraph (b), a school district may: 1039
1. Contract with the Florida Virtual School or establish a 1040
franchise of the Florida Virtual School for the provision of a 1041
program under paragraph (b). Using this option is subject to the 1042
requirements of this sectio n and s. 1011.61(1)(c)1.b.(III) and 1043
(IV) and (4). A district may report full -time equivalent student 1044
membership for credit earned by a student who is enrolled in a 1045
virtual education course provided by the district which was 1046
completed after the end of the r egular school year if the FTE is 1047
reported no later than the deadline for amending the final 1048
student membership report for that year . 1049
2. Contract with an approved virtual instruction program 1050
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 43 of 90
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
provider under subsection (2) for the provision of a full -time 1051
or part-time program under paragraph (b). 1052
3. Enter into an agreement with other school districts to 1053
allow the participation of its students in an approved virtual 1054
instruction program provided by the other school district. The 1055
agreement must indicate a pro cess for the transfer of funds 1056
required by paragraph (6)(b) (7)(a). 1057
4. Establish school district operated part -time or full-1058
time kindergarten through grade 12 virtual instruction programs 1059
under paragraph (b) for students enrolled in the school 1060
district. A full-time program shall operate under its own Master 1061
School Identification Number . 1062
5. Enter into an agreement with a virtual charter school 1063
authorized by the school district under s. 1002.33. 1064
1065
Contracts under subparagraph 1. or subparagraph 2. may include 1066
multidistrict contractual arrangements that may be executed by a 1067
regional consortium service organization established pursuant to 1068
s. 1001.451 for its member districts. A multidistrict 1069
contractual arrangement or an agreement under subparagraph 3. is 1070
not subject to s. 1001.42(4)(d) and does not require the 1071
participating school districts to be contiguous. These 1072
arrangements may be used to fulfill the requirements of 1073
paragraph (b). 1074
(d) A virtual charter school may provide full -time or 1075
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 44 of 90
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
part-time virtual instruction for students in kindergarten 1076
through grade 12 residing within the school district sponsoring 1077
the virtual charter school if the virtual charter school has a 1078
charter approved pursuant to s. 1002.33. A virtual charter 1079
school may: 1080
1. Contract with the Florida Virtual School. 1081
2. Contract with an approved virtual instruction program 1082
provider under subsection (2). 1083
3. Enter into an agreement with a school district to allow 1084
the participation of the virtual charter school's students in 1085
the school district's virtual instruction program. The agreement 1086
must indicate a process for reporting of student enrollment and 1087
the transfer of funds required by paragraph (6)(b) (7)(a). 1088
(e) Each school distri ct shall: 1089
1. Provide to the department by each October 1, a copy of 1090
each contract and the amount amounts paid per unweighted full -1091
time equivalent virtual student for services procured pursuant 1092
to subparagraphs (c)1. and 2. 1093
2. Expend any the difference in the amount of funds per 1094
unweighted full-time equivalent virtual student allocated to 1095
provided for a student participating in the school district 1096
virtual instruction program pursuant to subsection (6)(7) and 1097
the amount price paid per unweighted full-time equivalent 1098
virtual student by the school district for a contract executed 1099
pursuant to subparagraph (c)1. or subparagraph (c)2. on for 1100
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 45 of 90
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
acquiring computer and device hardware and associated operating 1101
system software that comply with the requirem ents of s. 1102
1001.20(4)(a)1.b. 1103
3. Provide to the department and by September 1 of each 1104
year report to the department an itemized list of items acquired 1105
in subparagraph 2 with these funds. 1106
4.3. Limit the enrollment of virtual full-time equivalent 1107
virtual students residing outside of the school district 1108
providing the virtual instruction pursuant to paragraph (c) to 1109
no more than 50 percent of the total enrolled virtual full-time 1110
equivalent virtual students residing inside the school district 1111
providing the virtual instruction. This subparagraph applies to 1112
any virtual instruction contract or agreement that is entered 1113
into for the first time after June 30, 2021. However, a school 1114
district may not enroll more virtual full-time equivalent 1115
virtual students residing outside of the school district than 1116
the total number of reported full -time equivalent students 1117
residing inside the school district. 1118
(2) PROVIDER QUALIFICATIONS. — 1119
(a) The department shall annually publish on its website 1120
online a list of providers approv ed by the State Board of 1121
Education to offer virtual instruction programs. To be approved 1122
by the department, a virtual instruction program provider must 1123
document that it: 1124
1. Is nonsectarian in its programs, admission policies, 1125
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 46 of 90
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
employment practices, and op erations; 1126
2. Complies with the antidiscrimination provisions of s. 1127
1000.05; 1128
3. Locates an administrative office or offices in this 1129
state, requires its administrative staff to be state residents, 1130
requires all instructional staff to be Florida -certified 1131
teachers under chapter 1012 and conducts background screenings 1132
for all employees or contracted personnel, as required by s. 1133
1012.32, using state and national criminal history records; 1134
4. Electronically provides to parents and students 1135
specific information posted and accessible online that includes, 1136
but is not limited to, the following teacher -parent and teacher-1137
student contact information for each course: 1138
a. How to contact the instructor via phone, e -mail, or 1139
online messaging tools. 1140
b. How to contact technical support via phone, e -mail, or 1141
online messaging tools. 1142
c. How to contact the administration office via phone, e -1143
mail, or online messaging tools. 1144
d. Any requirement for regular contact with the instructor 1145
for the course and clear expectations f or meeting the 1146
requirement. 1147
e. The requirement that the instructor in each course 1148
must, at a minimum, conduct one contact with the parent and the 1149
student each month; 1150
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 47 of 90
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
5. Possesses prior, successful experience offering virtual 1151
instruction online courses to elementary, middle, or high school 1152
students as demonstrated by quantified student learning gains in 1153
each subject area and grade level provided for consideration as 1154
an instructional program option. However, for a virtual 1155
instruction program provider without sufficient prior, 1156
successful experience offering online courses, the State Board 1157
of Education department may conditionally approve the virtual 1158
instruction program provider to offer courses measured pursuant 1159
to subparagraph (7)(a)2. (8)(a)2. Conditional approval shall be 1160
valid for 1 school year only and, based on the virtual 1161
instruction program provider's experience in offering the 1162
courses, the State Board of Education may department shall 1163
determine whether to grant approval to offer a virtual 1164
instruction program; 1165
6. Is accredited by a regional accrediting association as 1166
defined by State Board of Education rule; 1167
7. Ensures instructional and curricular quality through a 1168
detailed curriculum and student performance accountability plan 1169
that addresses every subject and grade level it intends to 1170
provide through contract with the school district, including: 1171
a. Courses and programs that meet the standards of the 1172
International Association for K -12 Online Learning and the 1173
Southern Regional Education Board. 1174
b. Instructional content and services that align with, and 1175
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 48 of 90
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
measure student attainment of, student proficiency in the Next 1176
Generation Sunshine State Standards. 1177
c. Mechanisms that determine and ensure that a student has 1178
satisfied requirements for grade leve l promotion and high school 1179
graduation with a standard diploma, as appropriate; 1180
8. Publishes for the general public , in accordance with 1181
disclosure requirements adopted in rule by the State Board of 1182
Education, as part of its application as an approved virtual 1183
instruction program a provider and in all contracts negotiated 1184
pursuant to this section: 1185
a. Information and data about the curriculum of each full -1186
time and part-time virtual instruction program. 1187
b. School policies and procedures. 1188
c. Certification status and physical location of all 1189
administrative and instructional personnel. 1190
d. Hours and times of availability of instructional 1191
personnel. 1192
e. Student-teacher ratios. 1193
f. Student completion and promotion rates. 1194
g. Student, educator, and scho ol performance 1195
accountability outcomes; 1196
9. If the approved virtual instruction program provider is 1197
a Florida College System institution, employs instructors who 1198
meet the certification requirements for instructional staff 1199
under chapter 1012; and 1200
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 49 of 90
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
10. Performs an annual financial audit of its accounts and 1201
records conducted by an independent auditor who is a certified 1202
public accountant licensed under chapter 473. The independent 1203
auditor shall conduct the audit which is in accordance with 1204
rules adopted by the Auditor General pursuant to s. 11.45 and, 1205
upon completion of the audit, shall prepare an audit report in 1206
accordance with such rules. The audit report must include a 1207
written statement by the approved virtual instruct ion program 1208
provider describing any corrective action to be taken in 1209
response to each of the independent auditor's recommendations 1210
included in the audit report. The independent auditor shall 1211
submit the audit report to the State Board of Education and the 1212
Auditor General no later than 9 months after the end of the 1213
preceding fiscal year , is conducted in compliance with generally 1214
accepted auditing standards, and includes a report on financial 1215
statements presented in accordance with generally accepted 1216
accounting principles. 1217
(b) An approved virtual instruction program provider that 1218
maintains compliance with all requirements of this section shall 1219
retain its approved status for a period of during the 3 school 1220
years after the date of the department's approval by the State 1221
Board of Education under paragraph (a) as long as the provider 1222
continues to comply with all requirements of this section. 1223
However, each provider approved by the department for the 2011 -1224
2012 school year must reapply for approval to provide a part -1225
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 50 of 90
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
time program for students in grades 9 through 12 . 1226
(3) VIRTUAL INSTRUCTION PROGRAM REQUIREMENTS. —Each virtual 1227
instruction program under this section must: 1228
(b) Offer instruction that is designed to enable a student 1229
to gain proficiency in each virtual instruction virtually 1230
delivered course of study. 1231
(c) Provide each student enrolled in the virtual 1232
instruction program with all the necessary instructional 1233
materials. 1234
(d) Provide each full -time student enrolled in the virtual 1235
instruction program who qualifies for free or reduced -price 1236
school lunches under the National School Lunch Act, or who is on 1237
the direct certification list, and who does not have a computer 1238
or Internet access in his or her home with: 1239
1. All equipment necessary for participants in the v irtual 1240
instruction program, including, but not limited to, a computer, 1241
computer monitor, and printer, if a printer is necessary to 1242
participate in the virtual instruction program; and 1243
2. Access to or reimbursement for all Internet services 1244
necessary for online delivery of instruction. 1245
(4) CONTRACT REQUIREMENTS. —Each contract with an approved 1246
virtual instruction program provider must, at minimum: 1247
(a) Set forth a detailed curriculum plan that illustrates 1248
how students will be provided services and be meas ured for 1249
attainment of proficiency in the Next Generation Sunshine State 1250
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 51 of 90
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
Standards for each grade level and subject. 1251
(b) Provide a method for determining that a student has 1252
satisfied the requirements for graduation in s. 1002.3105(5), s. 1253
1003.4281, or s. 1003.4282 if the contract is for the provision 1254
of a full-time virtual instruction program to students in grades 1255
9 through 12. 1256
(c) Specify a method for resolving conflicts among the 1257
parties. 1258
(d) Specify authorized reasons for termination of the 1259
contract. 1260
(e) Require the approved virtual instruction program 1261
provider to be responsible for all debts of the virtual 1262
instruction program if the contract is not renewed or is 1263
terminated. 1264
(f) Require the approved virtual instruction program 1265
provider to comply with all requirements of this section. 1266
(g) Require the approved virtual instruction program 1267
provider to submit a concise, uniform, monthly financial 1268
statement summary sheet in a form prescribed by the department. 1269
(h) Provide the current incoming basel ine standard of 1270
student academic achievement, the outcomes to be achieved, the 1271
method of measurement that will be used, and a detailed 1272
description of: 1273
1. How the baseline student academic achievement levels 1274
and prior rates of academic progress will be es tablished. 1275
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 52 of 90
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
2. How these baseline rates will be compared to rates of 1276
academic progress achieved by the same students while enrolled 1277
in the virtual instruction program. 1278
3. To the extent possible, how the rates of progress will 1279
be evaluated and compared w ith rates of progress of other 1280
closely comparable student populations. 1281
(i) Require the approved virtual instruction program 1282
provider to annually submit an accountability report that 1283
contains demographic information and student achievement 1284
performance data, that links baseline student data to the 1285
provider performance projecti ons identified in the contract. 1286
(5) STUDENT ELIGIBILITY. —A student may enroll in a virtual 1287
instruction program provided by the school district or by a 1288
virtual charter school pursuant to s. 1002.455. 1289
(5)(6) STUDENT PARTICIPATION REQUIREMENTS. —Each student 1290
enrolled in the school district's a virtual instruction program 1291
authorized pursuant to paragraph (1)(c) or virtual charter 1292
school must: 1293
(a) Comply with the compulsory attendance requirements of 1294
s. 1003.21. Student attendance must be verified by the s chool 1295
district. 1296
(b) Take statewide assessments pursuant to s. 1008.22. 1297
Statewide assessments may be administered within the school 1298
district in which such student resides, or as specified in the 1299
contract in accordance with s. 1008.24(3). If requested by t he 1300
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 53 of 90
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
approved virtual instruction program provider or virtual charter 1301
school, the district of residence must provide the student with 1302
access to the district's testing facilities. 1303
(6)(7) VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER 1304
SCHOOL FUNDING.— 1305
(a) All virtual instruction programs established pursuant 1306
to paragraph (1)(c) are subject to the requirements of s. 1307
1011.61(1)(c)1.b.(III), (IV), (VI) and (4) and the school 1308
district providing the virtual instruction program shall report 1309
the full-time equivalent students, in a manner prescribed by the 1310
department. A school district may report a full -time equivalent 1311
student for credit earned by a student who is enrolled in a 1312
virtual instruction course provided by the district which was 1313
completed after the end of the regular school year if the full -1314
time equivalent student is reported no later than the deadline 1315
for amending the final full -time equivalent student membership 1316
report for that year Students enrolled in a virtual instruction 1317
program or a virtual charter school shall be funded through the 1318
Florida Education Finance Program as provided in the General 1319
Appropriations Act. However, such funds may not be provided for 1320
the purpose of fulfilling the class size requirements in ss. 1321
1003.03 and 1011.685. The school di strict providing the virtual 1322
instruction shall report the full -time equivalent students for a 1323
virtual instruction program or a virtual charter school to the 1324
department in a manner prescribed by the department . 1325
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 54 of 90
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
(b) Students enrolled in a virtual instructi on program 1326
shall be funded in the Florida Education Finance Program as 1327
provided in the General Appropriations Act. The calculation to 1328
determine the amount of funds for each student through Florida 1329
Education Finance Program shall include the sum of the base 1330
Florida Education Finance Program pursuant to s. 1011.62(1)(s) 1331
and all categorical programs except for the categorical programs 1332
established pursuant to ss. 1011.62(1)(f), 1011.62(7), 1333
1011.62(13), 1011.685, and 1012.71. Students residing outside of 1334
the school district reporting the full -time equivalent virtual 1335
student shall be funded from state funds only. 1336
(b) For purposes of a virtual instruction program or a 1337
virtual charter school, "full -time equivalent student" has the 1338
same meaning as provided in s. 1 011.61(1)(c)1.b.(III) or (IV). 1339
(c) For a student enrolled in a kindergarten through grade 1340
12 virtual instruction program, a "full -time equivalent student" 1341
has the same meaning as provided in s. 1011.61(1)(c)1.b.(III) 1342
and (IV). 1343
(d) The full-time equivalent student membership calculated 1344
under this subsection is subject to the requirements in s. 1345
1011.61(4). 1346
(c)(e) A Florida College System institution provider may 1347
not report students who are served in a virtual instruction 1348
program for funding under the Florida College System Program 1349
Fund. 1350
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 55 of 90
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
(7)(8) ASSESSMENT AND ACCOUNTABILITY. — 1351
(a) Each approved virtual instruction program provider 1352
contracted pursuant to under this section must: 1353
1. Participate in the statewide assessment program under 1354
s. 1008.22 and in the state's education performance 1355
accountability system under s. 1008.31. 1356
2. Receive a school grade under s. 1008.34 or a school 1357
improvement rating under s. 1008.341, as applicable. The school 1358
grade or school improvement rating received by each approved 1359
virtual instruction program provider shall be based upon the 1360
aggregated assessment scores of all students serv ed by the 1361
provider statewide. Each approved virtual instruction program 1362
provider shall receive a district grade pursuant to s. 1008.34 1363
based upon the aggregated assessment scores of all students 1364
served by the provider statewide and a separate school grade for 1365
each school district with which it contracts based upon the 1366
assessment scores of all students served within the school 1367
district. The department shall publish the school grade or 1368
school improvement rating received by each approved virtual 1369
instruction program provider on its Internet website. The 1370
department shall develop an evaluation method for providers of 1371
part-time programs which includes the percentage of students 1372
making learning gains, the percentage of students successfully 1373
passing any required end -of-course assessment, the percentage of 1374
students taking Advanced Placement examinations, and the 1375
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 56 of 90
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
percentage of students scoring 3 or higher on an Advanced 1376
Placement examination. 1377
(b) The performance of part -time students in grades 9 1378
through 12 shall not b e included for purposes of school grades 1379
or school improvement ratings under subparagraph (a)2.; however, 1380
their performance shall be included for school grading or school 1381
improvement rating purposes by the district nonvirtual school 1382
providing the student's primary instruction. 1383
(c) An approved virtual instruction program provider that 1384
receives a school grade of "D" or "F" pursuant to under s. 1385
1008.34 or a school improvement rating of "Unsatisfactory" 1386
pursuant to under s. 1008.341 must file a school improvem ent 1387
plan with the department for consultation to determine the 1388
causes for low performance and corrective actions necessary to 1389
improve performance to develop a plan for correction and 1390
improvement. 1391
(d) An approved virtual instruction program provider's 1392
contract is automatically must be terminated if the provider 1393
earns two consecutive receives a school grades grade of "D" or 1394
"F" pursuant to under s. 1008.34 after all school grade appeals 1395
are final or earns two consecutive a school improvement ratings 1396
rating of "Unsatisfactory" pursuant to under s. 1008.341 for 2 1397
years during any consecutive 4 -year period or has violated any 1398
qualification requirement pursuant to subsection (2). An 1399
approved virtual instruction program A provider that has a 1400
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 57 of 90
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
contract terminated u nder this paragraph may not be considered 1401
an approved virtual instruction program provider for a period of 1402
at least 1 year after the date upon which the contract was 1403
terminated and until the State Board of Education department 1404
determines that the virtual instruction program provider is in 1405
compliance with subsection (2) and has corrected each cause of 1406
the provider's low performance. 1407
(10)(11) RULES.—The State Board of Education shall adopt 1408
rules necessary to administer this section, including rules that 1409
prescribe disclosure requirements under subsection (2) , a 1410
standard contract that meets the requirements under subsection 1411
(4), and school district reporting requirements under subsection 1412
(6) (7). 1413
Section 9. Section 1002.455, Florida Statutes, is amended 1414
to read: 1415
1002.455 Student eligibility for K -12 virtual 1416
instruction.—All students, including home education and private 1417
school students, are eligible to participate in any of the 1418
following virtual instruction options: 1419
(1) School district operated part -time or full-time 1420
kindergarten through grade 12 virtual instruction programs 1421
pursuant to s. 1002.45(1)(c)4. to students within the school 1422
district under s. 1002.45(1)(b) . 1423
(2) Part-time or full-time virtual charter school 1424
instruction authorized pursuant to s. 1002.45(1)(c)5. under s. 1425
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 58 of 90
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
1002.33 to students within the school district or to students in 1426
other school districts throughout the state pursuant to s. 1427
1002.31; however, the school district enrol ling the full-time 1428
equivalent virtual student shall comply with the enrollment 1429
requirements established under to s. 1002.45(1)(e)4 . 1430
(3) Virtual courses offered in the course code directory 1431
to students within the school district or to students in other 1432
school districts throughout the state pursuant to s. 1003.498. 1433
(4) Florida Virtual School instructional services 1434
authorized pursuant to under s. 1002.37. 1435
(5) Virtual instruction provided by a school district 1436
through a contract with an approved virtual in struction program 1437
provider pursuant to s. 1002.45(1)(c)2. to students within the 1438
school district or to students in other school districts 1439
throughout the state pursuant to s. 1002.31; however the school 1440
district enrolling the full -time equivalent virtual st udent 1441
shall comply with the enrollment requirements established under 1442
s. 1002.45(1)(e)4. 1443
Section 10. Paragraph (b) of subsection (2) and paragraph 1444
(d) of subsection (4) of section 1003.485, Florida Statutes, are 1445
amended to read: 1446
1003.485 The New Worl ds Reading Initiative. — 1447
(2) NEW WORLDS READING INITIATIVE; ADMINISTRATION. —The New 1448
Worlds Reading Initiative is established under the department to 1449
improve literacy skills and instill a love of reading by 1450
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 59 of 90
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
providing high-quality, free books to students in kindergarten 1451
through grade 5 who are reading below grade level. 1452
(b) The administrator shall: 1453
1. Develop, in consultation with the Just Read, Florida! 1454
Office under s. 1001.215, a selection of high -quality books 1455
encompassing diverse subjects and genres for each grade level to 1456
be mailed to students in the initiative. 1457
2. Distribute books at no cost to students as provided in 1458
paragraph (4)(c) either directly or through an agreement with a 1459
book distribution company. 1460
3. Assist local implementation of the initiative by 1461
providing marketing materials to school districts and any 1462
partnering nonprofit organizations to assist with public 1463
awareness campaigns and other activities designed to increase 1464
family engagement and instill a love of reading in students. 1465
4. Maintain a clearinghouse for information on national, 1466
state, and local nonprofit organizations that support efforts to 1467
improve literacy and provide books to children. 1468
5. Develop training materials for parents of students in 1469
the initiative, including bri ef video training modules, which 1470
engage families in reading and assist with improving student 1471
literacy skills. The administrator shall periodically send, via 1472
text message and e-mail, tips for facilitating reading at home 1473
and hyperlinks to the video trainin g modules. 1474
6. Provide to teachers professional development and 1475
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 60 of 90
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
resources that correlate with the books provided through the 1476
initiative. 1477
7.6. Annually submit to the department an annual financial 1478
report that includes, at a minimum, the amount of eligibl e 1479
contributions received by the administrator; the amount spent on 1480
each activity required by this paragraph, including 1481
administrative expenses; and the number of students and 1482
households served under the initiative. 1483
8.7. Maintain separate accounts for ope rating funds and 1484
funds for the purchase and delivery of books. 1485
9.8. Expend eligible contributions received only for the 1486
purchase and delivery of books and to implement the requirements 1487
of this section, as well as for administrative expenses not to 1488
exceed 2 percent of total eligible contributions. 1489
Notwithstanding s. 1002.395(6)(j)2., the administrator may carry 1490
forward up to 25 percent of eligible contributions to the 1491
following state fiscal year for purposes authorized by this 1492
subsection. Any eligible cont ributions in excess of the 25 1493
percent carry forward not used to provide additional books 1494
throughout the year to eligible students shall revert to the 1495
state treasury. 1496
10.9. Upon receipt of a contribution, provide the taxpayer 1497
that made the contribution wi th a certificate of contribution. A 1498
certificate of contribution must include the taxpayer's name 1499
and, if available, its federal employer identification number; 1500
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 61 of 90
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
the amount contributed; the date of contribution; and the name 1501
of the administrator. 1502
(4) ELIGIBILITY; NOTIFICATION; SCHOOL DISTRICT 1503
OBLIGATIONS.— 1504
(d) Upon enrollment and at the beginning of each school 1505
year, students must be provided options for specific book topics 1506
or genres in order to maximize student interest in reading. 1507
Section 11. Paragraph (b) of subsection (2) of section 1508
1003.498, Florida Statutes, is amended to read: 1509
1003.498 School district virtual course offerings. — 1510
(2) School districts may offer virtual courses for 1511
students enrolled in the school district. These courses must be 1512
identified in the course code directory. Students may 1513
participate in these virtual course offerings pursuant to s. 1514
1002.455. 1515
(b)1. Any student who is enrolled in a school district may 1516
register and enroll in an online course offered by any other 1517
school district in the state. The school district in which the 1518
student completes the course shall report the student's 1519
completion of that course for funding pursuant to s. 1520
1011.61(1)(c)1.b.(VI), and the home school district shall not 1521
report the student for funding for that course. 1522
2. The full-time equivalent student membership calculated 1523
under this subsection is subject to the requirements in s. 1524
1011.61(4). The Department of Education shall establish 1525
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 62 of 90
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
procedures to enable interdistrict coordination for the deliver y 1526
and funding of this online option. 1527
3. Funding for virtual courses shall be as provided in s. 1528
1002.45(6). 1529
Section 12. Paragraph (a) of subsection (13) of section 1530
1003.52, Florida Statutes, is amended to read: 1531
1003.52 Educational services in Departm ent of Juvenile 1532
Justice programs.— 1533
(13)(a) Funding for eligible students enrolled in juvenile 1534
justice education programs shall be the same as traditional 1535
students funded in provided through the Florida Education 1536
Finance Program and as specified provided in s. 1011.62 and the 1537
General Appropriations Act. Funding shall include, at a minimum: 1538
1. Weighted program funding or the basic amount for 1539
current operation multiplied by the district cost differential 1540
as provided in s. 1011.62(2); 1541
2. The supplemental allocation for juvenile justice 1542
education as provided in s. 1011.62(9); 1543
3. A proportionate share of the district's exceptional 1544
student education guaranteed allocation, the supplemental 1545
academic instruction allocation, and the instructional materials 1546
allocation; 1547
4. An amount equivalent to the proportionate share of the 1548
state average potential discretionary local effort for 1549
operations, which shall be determined as follows: 1550
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 63 of 90
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
a. If the district levies the maximum discretionary local 1551
effort and the district 's discretionary local effort per FTE is 1552
less than the state average potential discretionary local effort 1553
per FTE, the proportionate share shall include both the 1554
discretionary local effort and the compression supplement per 1555
FTE. If the district's discretio nary local effort per FTE is 1556
greater than the state average per FTE, the proportionate share 1557
shall be equal to the state average; or 1558
b. If the district does not levy the maximum discretionary 1559
local effort and the district's actual discretionary local 1560
effort per FTE is less than the state average potential 1561
discretionary local effort per FTE, the proportionate share 1562
shall be equal to the district's actual discretionary local 1563
effort per FTE. If the district's actual discretionary local 1564
effort per FTE is grea ter than the state average per FTE, the 1565
proportionate share shall be equal to the state average 1566
potential local effort per FTE; and 1567
5. A proportionate share of the district's proration to 1568
funds available, if necessary. 1569
Section 13. Section 1006.12, Florida Statutes, is amended 1570
to read: 1571
1006.12 Safe-school officers at each public school. —For 1572
the protection and safety of school personnel, property, 1573
students, and visitors, each district school board and school 1574
district superintendent shall partner wit h law enforcement 1575
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 64 of 90
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
agencies or security agencies to establish or assign one or more 1576
safe-school officers at each school facility within the 1577
district, including charter schools. A district school board 1578
must collaborate with charter school governing boards to 1579
facilitate charter school access to all safe -school officer 1580
options available under this section. The school district may 1581
implement any combination of the options in subsections (1) -(4) 1582
to best meet the needs of the school district and charter 1583
schools. 1584
(1) SCHOOL RESOURCE OFFICER. —A school district may 1585
establish school resource officer programs through a cooperative 1586
agreement with law enforcement agencies. 1587
(a) School resource officers shall undergo criminal 1588
background checks, drug testing, and a psycho logical evaluation 1589
and be certified law enforcement officers, as defined in s. 1590
943.10(1), who are employed by a law enforcement agency as 1591
defined in s. 943.10(4). The powers and duties of a law 1592
enforcement officer shall continue throughout the employee's 1593
tenure as a school resource officer. 1594
(b) School resource officers shall abide by district 1595
school board policies and shall consult with and coordinate 1596
activities through the school principal, but shall be 1597
responsible to the law enforcement agency in all ma tters 1598
relating to employment, subject to agreements between a district 1599
school board and a law enforcement agency. Activities conducted 1600
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 65 of 90
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
by the school resource officer which are part of the regular 1601
instructional program of the school shall be under the direc tion 1602
of the school principal. 1603
(c) Complete mental health crisis intervention training 1604
using a curriculum developed by a national organization with 1605
expertise in mental health crisis intervention. The training 1606
shall improve officers' knowledge and skills a s first responders 1607
to incidents involving students with emotional disturbance or 1608
mental illness, including de -escalation skills to ensure student 1609
and officer safety. 1610
(2) SCHOOL SAFETY OFFICER. —A school district may 1611
commission one or more school safety of ficers for the protection 1612
and safety of school personnel, property, and students within 1613
the school district. The district school superintendent may 1614
recommend, and the district school board may appoint, one or 1615
more school safety officers. 1616
(a) School safety officers shall undergo criminal 1617
background checks, drug testing, and a psychological evaluation 1618
and be law enforcement officers, as defined in s. 943.10(1), 1619
certified under the provisions of chapter 943 and employed by 1620
either a law enforcement agency or by the district school board. 1621
If the officer is employed by the district school board, the 1622
district school board is the employing agency for purposes of 1623
chapter 943, and must comply with the provisions of that 1624
chapter. 1625
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 66 of 90
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
(b) A school safety officer has and shall exercise the 1626
power to make arrests for violations of law on district school 1627
board property and to arrest persons, whether on or off such 1628
property, who violate any law on such property under the same 1629
conditions that deputy sheriffs are authorized to make arrests. 1630
A school safety officer has the authority to carry weapons when 1631
performing his or her official duties. 1632
(c) School safety officers must complete mental health 1633
crisis intervention training using a curriculum developed by a 1634
national organization with expertise in mental health crisis 1635
intervention. The training shall improve officers' knowledge and 1636
skills as first responders to incidents involving students with 1637
emotional disturbance or mental illness, including de -escalation 1638
skills to ensure stu dent and officer safety. 1639
(d) A district school board may enter into mutual aid 1640
agreements with one or more law enforcement agencies as provided 1641
in chapter 23. A school safety officer's salary may be paid 1642
jointly by the district school board and the law e nforcement 1643
agency, as mutually agreed to. 1644
(3) SCHOOL GUARDIAN. —At the school district's or the 1645
charter school governing board's discretion, as applicable, 1646
pursuant to s. 30.15, a school district or charter school 1647
governing board may participate in the Co ach Aaron Feis Guardian 1648
Program to meet the requirement of establishing a safe -school 1649
officer. The following individuals may serve as a school 1650
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 67 of 90
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
guardian, in support of school -sanctioned activities for 1651
purposes of s. 790.115, upon satisfactory completion of the 1652
requirements under s. 30.15(1)(k) and certification by a 1653
sheriff: 1654
(a) A school district employee or personnel, as defined 1655
under s. 1012.01, or a charter school employee, as provided 1656
under s. 1002.33(12)(a), who volunteers to serve as a school 1657
guardian in addition to his or her official job duties; or 1658
(b) An employee of a school district or a charter school 1659
who is hired for the specific purpose of serving as a school 1660
guardian. 1661
(4) SCHOOL SECURITY GUARD. —A school district or charter 1662
school governing board may contract with a security agency as 1663
defined in s. 493.6101(18) to employ as a school security guard 1664
an individual who holds a Class "D" and Class "G" license 1665
pursuant to chapter 493, provided the following training and 1666
contractual conditions are met: 1667
(a) An individual who serves as a school security guard, 1668
for purposes of satisfying the requirements of this section, 1669
must: 1670
1. Demonstrate completion of 144 hours of required 1671
training pursuant to s. 30.15(1)(k)2. 1672
2. Pass a psychological evaluati on administered by a 1673
psychologist licensed under chapter 490 and designated by the 1674
Department of Law Enforcement and submit the results of the 1675
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 68 of 90
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
evaluation to the sheriff's office, school district, or charter 1676
school governing board, as applicable. The Depart ment of Law 1677
Enforcement is authorized to provide the sheriff's office, 1678
school district, or charter school governing board with mental 1679
health and substance abuse data for compliance with this 1680
paragraph. 1681
3. Submit to and pass an initial drug test and subse quent 1682
random drug tests in accordance with the requirements of s. 1683
112.0455 and the sheriff's office, school district, or charter 1684
school governing board, as applicable. 1685
4. Successfully complete ongoing training, weapon 1686
inspection, and firearm qualificatio n on at least an annual 1687
basis and provide documentation to the sheriff's office, school 1688
district, or charter school governing board, as applicable. 1689
(b) The contract between a security agency and a school 1690
district or a charter school governing board regar ding 1691
requirements applicable to school security guards serving in the 1692
capacity of a safe-school officer for purposes of satisfying the 1693
requirements of this section shall define the entity or entities 1694
responsible for training and the responsibilities for 1695
maintaining records relating to training, inspection, and 1696
firearm qualification. 1697
(c) School security guards serving in the capacity of a 1698
safe-school officer pursuant to this subsection are in support 1699
of school-sanctioned activities for purposes of s. 790.1 15, and 1700
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 69 of 90
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
must aid in the prevention or abatement of active assailant 1701
incidents on school premises. 1702
(5) NOTIFICATION.—The school district shall notify the 1703
county sheriff and the Office of Safe Schools immediately after, 1704
but no later than 72 hours after: 1705
(a) A safe-school officer is dismissed for misconduct or 1706
is otherwise disciplined. 1707
(b) A safe-school officer discharges his or her firearm in 1708
the exercise of the safe -school officer's duties, other than for 1709
training purposes. 1710
(6) EXEMPTION.—Any information that would identify whether 1711
a particular individual has been appointed as a safe -school 1712
officer pursuant to this section held by a law enforcement 1713
agency, school district, or charter school is exempt from s. 1714
119.07(1) and s. 24(a), Art. I of the State Constitution. This 1715
subsection is subject to the Open Government Sunset Review Act 1716
in accordance with s. 119.15 and shall stand repealed on October 1717
2, 2023, unless reviewed and saved from repeal through 1718
reenactment by the Legislature. 1719
1720
If a district school board, through its adopted policies, 1721
procedures, or actions, denies a charter school access to any 1722
safe-school officer options pursuant to this section, the school 1723
district must assign a school resource officer or school safety 1724
officer to the charter scho ol. Under such circumstances, the 1725
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 70 of 90
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
charter school's share of the costs of the school resource 1726
officer or school safety officer may not exceed the safe school 1727
allocation funds provided to the charter school pursuant to s. 1728
1011.62(12) s. 1011.62(13) and shall be retained by the school 1729
district. 1730
Section 14. Subsection (1) of section 1006.22, Florida 1731
Statutes, is amended to read: 1732
1006.22 Safety and health of students being transported. —1733
Maximum regard for safety and adequate protection of health are 1734
primary requirements that must be observed by district school 1735
boards in routing buses, appointing drivers, and providing and 1736
operating equipment, in accordance with all requirements of law 1737
and rules of the State Board of Education in providing 1738
transportation pursuant to s. 1006.21: 1739
(1)(a) District school boards shall use school buses, as 1740
defined in s. 1006.25, for all regular transportation. Regular 1741
transportation or regular use means transportation of students 1742
to and from school or school -related activities tha t are part of 1743
a scheduled series or sequence of events to the same location. 1744
"Students" means, for the purposes of this section, students 1745
enrolled in the public schools in prekindergarten disability 1746
programs and in kindergarten through grade 12. District s chool 1747
boards may regularly use motor vehicles other than school buses 1748
only under the following conditions: 1749
1. When the transportation is for physically handicapped 1750
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 71 of 90
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
or isolated students and the district school board has elected 1751
to provide for the transpor tation of the student through written 1752
or oral contracts or agreements. 1753
2. When the transportation is a part of a comprehensive 1754
contract for a specialized educational program between a 1755
district school board and a service provider who provides 1756
instruction, transportation, and other services. 1757
3. When the transportation is provided through a public 1758
transit system. 1759
4. When the transportation is for trips to and from school 1760
sites or agricultural education sites or for trips to and from 1761
agricultural educatio n-related events or competitions, but is 1762
not for customary transportation between a student's residence 1763
and such sites. 1764
5. When the transportation is for trips to and from school 1765
sites to allow students to participate in controlled open 1766
enrollment a career education program that is not offered at the 1767
high school in which such students are enrolled but is not for 1768
customary transportation between a student's residence and such 1769
sites. 1770
(b) When the transportation of students is provided, as 1771
authorized in this subsection, in a vehicle other than a school 1772
bus that is owned, operated, rented, contracted, or leased by a 1773
school district or charter school, the following provisions 1774
shall apply: 1775
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 72 of 90
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
1. The vehicle must be a passenger car or multipurpose 1776
passenger vehicle or truck, as defined in 49 C.F.R. part 571, 1777
designed to transport no more fewer than 10 students. Students 1778
must be transported in designated seating positions and must use 1779
the occupant crash protection system provided by the 1780
manufacturer unless the student's physical condition prohibits 1781
such use. 1782
2. An authorized vehicle may not be driven by a student on 1783
a public right-of-way. An authorized vehicle may be driven by a 1784
student on school or private property as part of the student's 1785
educational curriculum if no other student is in the vehicle. 1786
3. The driver of an authorized vehicle tr ansporting 1787
students must maintain a valid driver license and must comply 1788
with the requirements of the school district's locally adopted 1789
safe driver plan, which includes review of driving records for 1790
disqualifying violations. 1791
4. The district school board or charter school must adopt 1792
a policy that addresses procedures and liability for trips under 1793
this paragraph, including a provision that school buses are to 1794
be used whenever practical and specifying consequences for 1795
violation of the policy. 1796
Section 15. Subsection (3) is added to section 1006.27, 1797
Florida Statutes, to read: 1798
1006.27 Pooling of school buses and related purchases by 1799
district school boards; transportation services contracts. — 1800
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 73 of 90
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
(3) The department shall develop a grant program to 1801
improve access to reliable and safe transportation for students 1802
who attend school through controlled open enrollment and to 1803
support innovative solutions that increase the efficiency of 1804
public school transportation. 1805
(a) Grant proposals may include: 1806
1. Transportation resource planning and sharing among 1807
school districts and local governments. 1808
2. Developing or contracting with rideshare programs or 1809
developing carpool strategies. 1810
3. Developing options to reduce costs and increase 1811
efficiencies while improving acc ess to transportation options 1812
for families. 1813
4. Developing options to address personnel challenges. 1814
5. Expanding the use of transportation funds under ss. 1815
1002.394, 1002.395, and 1011.68 to help cover the cost of 1816
transporting students to and from school . 1817
(b) The department shall publish on its website, by 1818
December 31, 2023, an interim report and by December 31, 2024, a 1819
final report that includes: 1820
1. The best practices used by grant recipients to increase 1821
transportation options for students, includin g any 1822
transportation barriers addressed by grant recipients. 1823
2. The number of students served by grant recipients 1824
including the number of students transported to a school that is 1825
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 74 of 90
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
different from the school to which the student is assigned. 1826
Section 16. Paragraph (a) of subsection (3) of section 1827
1010.20, Florida Statutes, is amended to read: 1828
1010.20 Cost accounting and reporting for school 1829
districts.— 1830
(3) PROGRAM EXPENDITURE REQUIREMENTS. — 1831
(a) Each district shall expend at least the percent of the 1832
funds generated by each of the programs listed in this section 1833
on the aggregate total school costs for such programs: 1834
1. Kindergarten and grades 1, 2, and 3, 90 percent. 1835
2. Grades 4, 5, 6, 7, and 8, 80 percent. 1836
3. Grades 9, 10, 11, and 12, 80 percent. 1837
4. Programs for exceptional students, on an aggregate 1838
program basis, 90 percent. 1839
5. Grades 7 through 12 career education programs, on an 1840
aggregate program basis, 80 percent. 1841
6. Students-at-risk programs, on an aggregate program 1842
basis, 80 percent. 1843
7. Juvenile justice programs, on an aggregate program 1844
basis, 95 90 percent. 1845
8. Any new program established and funded under s. 1846
1011.62(1)(c), that is not included under subparagraphs 1. -7., 1847
on an aggregate basis as appropriate, 80 percent. 1848
Section 17. Subsections (11) through (14) of section 1849
1011.62, Florida Statutes, are renumbered as (10) through (13), 1850
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 75 of 90
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
respectively, subsections (16) through (19) are renumbered as 1851
subsections (14) through (17), respectively, and paragraph (s) 1852
of subsection (1), paragraph (a) of subsection (4), paragraph 1853
(b) of subsection (6), subsection (10), and present subsections 1854
(12) and (15) of that section are amended, to read: 1855
1011.62 Funds for operation of schools. —If the annual 1856
allocation from the Florida Education Finance Program to each 1857
district for operation of schools is not determined in the 1858
annual appropriations act or the substantive bill implementing 1859
the annual appropriations act, it shall be determined as 1860
follows: 1861
(1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR 1862
OPERATION.—The following procedure shall be followed in 1863
determining the annual allocation to each district for 1864
operation: 1865
(s) Determination of the basic amount for current 1866
operation.—The basic amount for current operation to be included 1867
in the Florida Education Finance Program for kindergarten 1868
through grade 12 for each district shall be the product of the 1869
following: 1870
1. The full-time equivalent student membership in each 1871
program, multiplied by 1872
2. The cost factor for each program, adjusted for the 1873
maximum as provided by paragraph (c), multiplied by 1874
3. The district cost differential, multiplied by 1875
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 76 of 90
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
4.3. The base student allocation. 1876
(4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT. —The 1877
Legislature shall prescribe the aggregate required l ocal effort 1878
for all school districts collectively as an item in the General 1879
Appropriations Act for each fiscal year. The amount that each 1880
district shall provide annually toward the cost of the Florida 1881
Education Finance Program for kindergarten through grad e 12 1882
programs shall be calculated as follows: 1883
(a) Estimated taxable value calculations. — 1884
1.a. Not later than 2 working days before July 19, the 1885
Department of Revenue shall certify to the Commissioner of 1886
Education its most recent estimate of the taxable value for 1887
school purposes in each school district and the total for all 1888
school districts in the state for the current calendar year 1889
based on the latest available data obtained from the local 1890
property appraisers. The value certified shall be the taxable 1891
value for school purposes for that year, and no further 1892
adjustments shall be made, except those made pursuant to 1893
paragraphs (c) and (d), or an assessment roll change required by 1894
final judicial decisions as specified in paragraph (15)(b) 1895
(17)(b). Not later than July 19, the Commissioner of Education 1896
shall compute a millage rate, rounded to the next highest one 1897
one-thousandth of a mill, which, when applied to 96 percent of 1898
the estimated state total taxable value for school purposes, 1899
would generate the prescribe d aggregate required local effort 1900
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 77 of 90
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
for that year for all districts. The Commissioner of Education 1901
shall certify to each district school board the millage rate, 1902
computed as prescribed in this subparagraph, as the minimum 1903
millage rate necessary to provide the district required local 1904
effort for that year. 1905
b. The General Appropriations Act shall direct the 1906
computation of the statewide adjusted aggregate amount for 1907
required local effort for all school districts collectively from 1908
ad valorem taxes to ensure that no school district's revenue 1909
from required local effort millage will produce more than 90 1910
percent of the district's total Florida Education Finance 1911
Program calculation as calculated and adopted by the 1912
Legislature, and the adjustment of the required local e ffort 1913
millage rate of each district that produces more than 90 percent 1914
of its total Florida Education Finance Program entitlement to a 1915
level that will produce only 90 percent of its total Florida 1916
Education Finance Program entitlement in the July calculatio n. 1917
2. On the same date as the certification in sub -1918
subparagraph 1.a., the Department of Revenue shall certify to 1919
the Commissioner of Education for each district: 1920
a. Each year for which the property appraiser has 1921
certified the taxable value pursuant to s. 193.122(2) or (3), if 1922
applicable, since the prior certification under sub -subparagraph 1923
1.a. 1924
b. For each year identified in sub -subparagraph a., the 1925
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 78 of 90
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
taxable value certified by the appraiser pursuant to s. 1926
193.122(2) or (3), if applicable, since the pri or certification 1927
under sub-subparagraph 1.a. This is the certification that 1928
reflects all final administrative actions of the value 1929
adjustment board. 1930
(6) CATEGORICAL FUNDS. — 1931
(b) If a district school board finds and declares in a 1932
resolution adopted at a regular meeting of the school board that 1933
the funds received for any of the following categorical 1934
appropriations are urgently needed to maintain school board 1935
specified academic classroom instruction or improve school 1936
safety, the school board may consider an d approve an amendment 1937
to the school district operating budget transferring the 1938
identified amount of the categorical funds to the appropriate 1939
account for expenditure: 1940
1. Funds for student transportation. 1941
2. Funds for evidence -based reading instruction if the 1942
required additional hour of instruction beyond the normal school 1943
day for each day of the entire school year has been provided for 1944
the students in each low -performing elementary school in the 1945
district pursuant to paragraph (8)(a). 1946
3. Funds for instructional materials if all instructional 1947
material purchases necessary to provide updated materials that 1948
are aligned with applicable state standards and course 1949
descriptions and that meet statutory requirements of content and 1950
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 79 of 90
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
learning have been completed for that fiscal year, but no sooner 1951
than March 1. Funds available after March 1 may be used to 1952
purchase computers and device hardware for student instruction 1953
that comply with the requirements of s. 1001.20(4)(a)1.b . 1954
4. Funds for the guaranteed allocation as provided in 1955
subparagraph (1)(e)2. 1956
5. Funds for the supplemental academic instruction 1957
allocation as provided in paragraph (1)(f). 1958
6. Funds for the Florida digital classrooms allocation as 1959
provided in subsection (10). 1960
6.7. Funds for the federally connected student supplement 1961
as provided in subsection (10) (11). 1962
7.8. Funds for class size reduction as provided in s. 1963
1011.685. 1964
(10) FLORIDA DIGITAL CLASSROOMS ALLOCATION. — 1965
(a) The Florida digital classrooms allocation is created 1966
to support the efforts of school districts and schools, 1967
including charter schools, to integrate technology in classroom 1968
teaching and learning to ensure students have access to high -1969
quality electronic and digital instructional materials and 1970
resources, and empower classroom teachers to help their students 1971
succeed. Each school district shall receive a minimum digital 1972
classrooms allocation in the amount provided in the General 1973
Appropriations Act. The remaining balance of the digital 1974
classrooms allocatio n shall be allocated based on each school 1975
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 80 of 90
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
district's proportionate share of the state's total unweighted 1976
full-time equivalent student enrollment. 1977
(b) Funds allocated under this subsection must be used for 1978
costs associated with: 1979
1. Acquiring and maintai ning the items on the eligible 1980
services list authorized by the Universal Service Administrative 1981
Company for the Schools and Libraries Program, more commonly 1982
referred to as the federal E -rate program. 1983
2. Acquiring computer and device hardware and associat ed 1984
operating system software that comply with the requirements of 1985
s. 1001.20(4)(a)1.b. 1986
3. Providing professional development, including in -state 1987
conference attendance or online coursework, to enhance the use 1988
of technology for digital instructional strate gies. 1989
(11)(12) QUALITY ASSURANCE GUARANTEE. —The Legislature may 1990
annually in the General Appropriations Act determine a 1991
percentage increase in funds per K -12 unweighted FTE as a 1992
minimum guarantee to each school district. The guarantee shall 1993
be calculated from prior year base funding per unweighted FTE 1994
student which shall include the adjusted FTE dollars as provided 1995
in subsection (15) (17), quality guarantee funds, and actual 1996
nonvoted discretionary local effort from taxes. From the base 1997
funding per unweight ed FTE, the increase shall be calculated for 1998
the current year. The current year funds from which the 1999
guarantee shall be determined shall include the adjusted FTE 2000
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 81 of 90
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
dollars as provided in subsection (15) (17) and potential 2001
nonvoted discretionary local effort from taxes. A comparison of 2002
current year funds per unweighted FTE to prior year funds per 2003
unweighted FTE shall be computed. For those school districts 2004
which have less than the legislatively assigned percentage 2005
increase, funds shall be provided to guarantee the assigned 2006
percentage increase in funds per unweighted FTE student. Should 2007
appropriated funds be less than the sum of this calculated 2008
amount for all districts, the commissioner shall prorate each 2009
district's allocation. This provision shall be implemente d to 2010
the extent specifically funded. 2011
(15) FUNDING COMPRESSION AND HOLD HARMLESS ALLOCATION. —The 2012
Legislature may provide an annual funding compression and hold 2013
harmless allocation in the General Appropriations Act. The 2014
allocation is created to provide add itional funding to school 2015
districts if the school district's total funds per FTE in the 2016
prior year were less than the statewide average or if the school 2017
district's district cost differential in the current year is 2018
less than the prior year. The total alloca tion shall be 2019
distributed to eligible school districts as follows: 2020
(a) Using the most recent prior year FEFP calculation for 2021
each eligible school district, subtract the total school 2022
district funds per FTE from the state average funds per FTE, not 2023
including any adjustments made pursuant to paragraph (17)(b). 2024
The resulting funds per FTE difference, or a portion thereof, as 2025
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 82 of 90
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
designated in the General Appropriations Act, shall then be 2026
multiplied by the school district's total unweighted FTE. 2027
(b) Multiply the absolute value of the difference between 2028
the eligible school district's current year district cost 2029
differential and the prior year district cost differential by a 2030
hold harmless factor as designated in the General Appropriations 2031
Act. The result is the dist rict cost differential hold harmless 2032
index. Multiply the index by the eligible school district's 2033
weighted FTE and by the base student allocation as designated in 2034
the General Appropriations Act. 2035
(c) For each district, select the greater of the amounts 2036
calculated in paragraphs (a) and (b) and upon summation, if the 2037
total amount is greater than the amount included in the General 2038
Appropriations Act, the allocation shall be prorated to the 2039
appropriation amount based on each participating school 2040
district's share. 2041
2042
This subsection expires July 1, 2022. 2043
Section 18. Subsection (5) of section 1011.68, Florida 2044
Statutes, is amended to read: 2045
1011.68 Funds for student transportation. —The annual 2046
allocation to each district for transportation to public school 2047
programs, including charter schools as provided in s. 2048
1002.33(17)(b), of students in membership in kindergarten 2049
through grade 12 and in migrant and exceptional student programs 2050
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 83 of 90
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
below kindergarten shall be determined as follows: 2051
(5) Funds allocated or apport ioned for the payment of 2052
student transportation services may be used to pay for 2053
transportation of students to and from school on local general 2054
purpose transportation systems. Student transportation funds may 2055
also be used to pay for transportation of studen ts to and from 2056
school in private passenger cars and boats when the 2057
transportation on a school bus is impractical or when the 2058
transportation is for isolated students , or students with 2059
disabilities, or to support parents or carpools, as defined by 2060
rule. Subject to the rules of the State Board of Education, each 2061
school district shall determine and report the number of 2062
assigned students using general purpose transportation private 2063
passenger cars and boats. The allocation per student must be 2064
equal to the allocat ion per student riding a school bus. 2065
Section 19. Subsection (1) of section 1011.71, Florida 2066
Statutes, is amended to read: 2067
1011.71 District school tax. — 2068
(1) If the district school tax is not provided in the 2069
General Appropriations Act or the substant ive bill implementing 2070
the General Appropriations Act, each district school board 2071
desiring to participate in the state allocation of funds for 2072
current operation as prescribed by s. 1011.62(15) s. 1011.62(17) 2073
shall levy on the taxable value for school purpos es of the 2074
district, exclusive of millage voted under s. 9(b) or s. 12, 2075
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 84 of 90
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
Art. VII of the State Constitution, a millage rate not to exceed 2076
the amount certified by the commissioner as the minimum millage 2077
rate necessary to provide the district required local ef fort for 2078
the current year, pursuant to s. 1011.62(4)(a)1. In addition to 2079
the required local effort millage levy, each district school 2080
board may levy a nonvoted current operating discretionary 2081
millage. The Legislature shall prescribe annually in the 2082
appropriations act the maximum amount of millage a district may 2083
levy. 2084
Section 20. Paragraph (c) of subsection (1) of section 2085
1012.22, Florida Statutes, is amended to read: 2086
1012.22 Public school personnel; powers and duties of the 2087
district school board. —The district school board shall: 2088
(1) Designate positions to be filled, prescribe 2089
qualifications for those positions, and provide for the 2090
appointment, compensation, promotion, suspension, and dismissal 2091
of employees as follows, subject to the requirements of t his 2092
chapter: 2093
(c) Compensation and salary schedules. — 2094
1. Definitions.—As used in this paragraph: 2095
a. "Adjustment" means an addition to the base salary 2096
schedule that is not a bonus and becomes part of the employee's 2097
permanent base salary and shall be co nsidered compensation under 2098
s. 121.021(22). 2099
b. "Grandfathered salary schedule" means the salary 2100
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 85 of 90
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
schedule or schedules adopted by a district school board before 2101
July 1, 2014, pursuant to subparagraph 4. 2102
c. "Instructional personnel" means instructional personnel 2103
as defined in s. 1012.01(2)(a) -(d), excluding substitute 2104
teachers. 2105
d. "Performance salary schedule" means the salary schedule 2106
or schedules adopted by a district school board pursuant to 2107
subparagraph 5. 2108
e. "Salary schedule" means the schedule or schedules used 2109
to provide the base salary for district school board personnel. 2110
f. "School administrator" means a school administrator as 2111
defined in s. 1012.01(3)(c). 2112
g. "Supplement" means an annual addition to the base 2113
salary for the term of the neg otiated supplement as long as the 2114
employee continues his or her employment for the purpose of the 2115
supplement. A supplement does not become part of the employee's 2116
continuing base salary but shall be considered compensation 2117
under s. 121.021(22). 2118
2. Cost-of-living adjustment.—A district school board may 2119
provide a cost-of-living salary adjustment if the adjustment: 2120
a. Does not discriminate among comparable classes of 2121
employees based upon the salary schedule under which they are 2122
compensated. 2123
b. Does not exceed 50 percent of the annual adjustment 2124
provided to instructional personnel rated as effective. 2125
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 86 of 90
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
3. Advanced degrees. —A district school board may not use 2126
advanced degrees in setting a salary schedule for instructional 2127
personnel or school administrators h ired on or after July 1, 2128
2011, unless the advanced degree is held in the individual's 2129
area of certification and is only a salary supplement. 2130
4. Grandfathered salary schedule. — 2131
a. The district school board shall adopt a salary schedule 2132
or salary schedules to be used as the basis for paying all 2133
school employees hired before July 1, 2014. Instructional 2134
personnel on annual contract as of July 1, 2014, shall be placed 2135
on the performance salary schedule adopted under subparagraph 5. 2136
Instructional personnel on continuing contract or professional 2137
service contract may opt into the performance salary schedule if 2138
the employee relinquishes such contract and agrees to be 2139
employed on an annual contract under s. 1012.335. Such an 2140
employee shall be placed on the perform ance salary schedule and 2141
may not return to continuing contract or professional service 2142
contract status. Any employee who opts into the performance 2143
salary schedule may not return to the grandfathered salary 2144
schedule. 2145
b. In determining the grandfathered sa lary schedule for 2146
instructional personnel, a district school board must base a 2147
portion of each employee's compensation upon performance 2148
demonstrated under s. 1012.34 and shall provide differentiated 2149
pay for both instructional personnel and school administr ators 2150
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 87 of 90
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
based upon district-determined factors, including, but not 2151
limited to, additional responsibilities, school demographics, 2152
critical shortage areas, and level of job performance 2153
difficulties. 2154
5. Performance salary schedule. —By July 1, 2014, the 2155
district school board shall adopt a performance salary schedule 2156
that provides annual salary adjustments for instructional 2157
personnel and school administrators based upon performance 2158
determined under s. 1012.34. Employees hired on or after July 1, 2159
2014, or employees who choose to move from the grandfathered 2160
salary schedule to the performance salary schedule shall be 2161
compensated pursuant to the performance salary schedule once 2162
they have received the appropriate performance evaluation for 2163
this purpose. 2164
a. Base salary.—The base salary shall be established as 2165
follows: 2166
(I) The base salary for instructional personnel or school 2167
administrators who opt into the performance salary schedule 2168
shall be the salary paid in the prior year, including 2169
adjustments only. 2170
(II) Instructional personnel or school administrators new 2171
to the district, returning to the district after a break in 2172
service without an authorized leave of absence, or appointed for 2173
the first time to a position in the district in the capacity of 2174
instructional personnel or school administrator shall be placed 2175
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 88 of 90
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
on the performance salary schedule. Beginning July 1, 2021, and 2176
until such time as the minimum base salary as defined in s. 2177
1011.62(14) s. 1011.62(16) equals or exceeds $47,500, the annual 2178
increase to the minim um base salary shall not be less than 150 2179
percent of the largest adjustment made to the salary of an 2180
employee on the grandfathered salary schedule. Thereafter, the 2181
annual increase to the minimum base salary shall not be less 2182
than 75 percent of the largest adjustment for an employee on the 2183
grandfathered salary schedule. 2184
b. Salary adjustments. —Salary adjustments for highly 2185
effective or effective performance shall be established as 2186
follows: 2187
(I) The annual salary adjustment under the performance 2188
salary schedule for an employee rated as highly effective must 2189
be at least 25 percent greater than the highest annual salary 2190
adjustment available to an employee of the same classification 2191
through any other salary schedule adopted by the district. 2192
(II) The annual salary adjustment under the performance 2193
salary schedule for an employee rated as effective must be equal 2194
to at least 50 percent and no more than 75 percent of the annual 2195
adjustment provided for a highly effective employee of the same 2196
classification. 2197
(III) A salary schedule shall not provide an annual salary 2198
adjustment for an employee who receives a rating other than 2199
highly effective or effective for the year. 2200
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 89 of 90
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
c. Salary supplements. —In addition to the salary 2201
adjustments, each district school board shall pr ovide for salary 2202
supplements for activities that must include, but are not 2203
limited to: 2204
(I) Assignment to a Title I eligible school. 2205
(II) Assignment to a school that earned a grade of "F" or 2206
three consecutive grades of "D" pursuant to s. 1008.34 such th at 2207
the supplement remains in force for at least 1 year following 2208
improved performance in that school. 2209
(III) Certification and teaching in critical teacher 2210
shortage areas. Statewide critical teacher shortage areas shall 2211
be identified by the State Board of Education under s. 1012.07. 2212
However, the district school board may identify other areas of 2213
critical shortage within the school district for purposes of 2214
this sub-sub-subparagraph and may remove areas identified by the 2215
state board which do not apply within the school district. 2216
(IV) Assignment of additional academic responsibilities. 2217
2218
If budget constraints in any given year limit a district school 2219
board's ability to fully fund all adopted salary schedules, the 2220
performance salary schedule shall not be reduce d on the basis of 2221
total cost or the value of individual awards in a manner that is 2222
proportionally greater than reductions to any other salary 2223
schedules adopted by the district. 2224
Section 21. Subsection (4) of section 1012.584, Florida 2225
CS/HB 5101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb5101-01-c1
Page 90 of 90
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
Statutes, is amended to read: 2226
1012.584 Continuing education and inservice training for 2227
youth mental health awareness and assistance. — 2228
(4) Each school district shall notify all school personnel 2229
who have received training pursuant to this section of mental 2230
health services that are available in the school district, and 2231
the individual to contact if a student needs services. The term 2232
"mental health services" includes, but is not limited to, 2233
community mental health services, health care providers, and 2234
services provided under ss. 1006.04 and 1011.62(13) 1011.62(14). 2235
Section 22. This act shall take effect July 1, 2022. 2236