HB 271 2023
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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 minimum base salary for full -time 2
classroom teachers; providing a short title; amending 3
s. 1011.62, F.S.; increasing the minimum base salary 4
for full-time classroom teachers; amending s. 1012.22, 5
F.S.; conforming a provision to changes made by the 6
act; providing an effective date. 7
8
Be It Enacted by the Legislature of the State of Florida: 9
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Section 1. This act may be cited as the "Save O ur Teachers 11
Act." 12
Section 2. Paragraph (b) of subsection (14) of section 13
1011.62, Florida Statutes, is amended to read: 14
1011.62 Funds for operation of schools. —If the annual 15
allocation from the Florida Education Finance Program to each 16
district for operation of schools is not determined in the 17
annual appropriations act or the substantive bill implementing 18
the annual appropriations act, it shall be determined as 19
follows: 20
(14) TEACHER SALARY INCREASE ALLOCATION. —The Legislature 21
may annually provide in the Florida Education Finance Program a 22
teacher salary increase allocation to assist school districts in 23
their recruitment and retention of classroom teachers and other 24
instructional personnel. The amount of the allocation shall be 25
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specified in the Genera l Appropriations Act. 26
(b) Allocation funds are restricted in use as follows: 27
1. Each school district and charter school shall use its 28
share of the allocation to increase the minimum base salary for 29
full-time classroom teachers, as defined in s. 1012.01 (2)(a), 30
plus certified prekindergarten teachers funded in the Florida 31
Education Finance Program, to at least $65,000 $47,500, or to 32
the maximum amount achievable based on the allocation and as 33
specified in the General Appropriations Act. The term "minimum 34
base salary" means the lowest annual base salary reported on the 35
salary schedule for a full -time classroom teacher. No full -time 36
classroom teacher shall receive a salary less than the minimum 37
base salary as adjusted by this subparagraph. This subparagraph 38
does not apply to substitute teachers. 39
2. In addition, each school district shall use its share 40
of the allocation to provide salary increases, as funding 41
permits, for the following personnel: 42
a. Full-time classroom teachers, as defined in s. 43
1012.01(2)(a), plus certified prekindergarten teachers funded in 44
the Florida Education Finance Program, who did not receive an 45
increase or who received an increase of less than 2 percent 46
under subparagraph 1. or as specified in the General 47
Appropriations Act. This s ubparagraph does not apply to 48
substitute teachers. 49
b. Other full-time instructional personnel as defined in 50
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s. 1012.01(2)(b)-(d). 51
3. A school district or charter school may use funds 52
available after the requirements of subparagraph 1. are met to 53
provide salary increases pursuant to subparagraph 2. 54
4. A school district or charter school shall maintain the 55
minimum base salary achieved for classroom teachers provided 56
under subparagraph 1. and may not reduce the salary increases 57
provided under subparagrap h 2. in any subsequent fiscal year, 58
unless specifically authorized in the General Appropriations 59
Act. 60
Section 3. Paragraph (c) of subsection (1) of section 61
1012.22, Florida Statutes, is amended to read: 62
1012.22 Public school personnel; powers and dut ies of the 63
district school board. —The district school board shall: 64
(1) Designate positions to be filled, prescribe 65
qualifications for those positions, and provide for the 66
appointment, compensation, promotion, suspension, and dismissal 67
of employees as follows, subject to the requirements of this 68
chapter: 69
(c) Compensation and salary schedules. — 70
1. Definitions.—As used in this paragraph: 71
a. "Adjustment" means an addition to the base salary 72
schedule that is not a bonus and becomes part of the employe e's 73
permanent base salary and shall be considered compensation under 74
s. 121.021(22). 75
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b. "Grandfathered salary schedule" means the salary 76
schedule or schedules adopted by a district school board before 77
July 1, 2014, pursuant to subparagraph 4. 78
c. "Instructional personnel" means instructional personnel 79
as defined in s. 1012.01(2)(a) -(d), excluding substitute 80
teachers. 81
d. "Performance salary schedule" means the salary schedule 82
or schedules adopted by a district school board pursuant to 83
subparagraph 5. 84
e. "Salary schedule" means the schedule or schedules used 85
to provide the base salary for district school board personnel. 86
f. "School administrator" means a school administrator as 87
defined in s. 1012.01(3)(c). 88
g. "Supplement" means an annual addition to the base 89
salary for the term of the negotiated supplement as long as the 90
employee continues his or her employment for the purpose of the 91
supplement. A supplement does not become part of the employee's 92
continuing base salary but shall be considered compens ation 93
under s. 121.021(22). 94
2. Cost-of-living adjustment.—A district school board may 95
provide a cost-of-living salary adjustment if the adjustment: 96
a. Does not discriminate among comparable classes of 97
employees based upon the salary schedule under whic h they are 98
compensated. 99
b. Does not exceed 50 percent of the annual adjustment 100
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provided to instructional personnel rated as effective. 101
3. Advanced degrees. —A district school board may not use 102
advanced degrees in setting a salary schedule for instructio nal 103
personnel or school administrators hired on or after July 1, 104
2011, unless the advanced degree is held in the individual's 105
area of certification and is only a salary supplement. 106
4. Grandfathered salary schedule. — 107
a. The district school board shall a dopt a salary schedule 108
or salary schedules to be used as the basis for paying all 109
school employees hired before July 1, 2014. Instructional 110
personnel on annual contract as of July 1, 2014, shall be placed 111
on the performance salary schedule adopted under su bparagraph 5. 112
Instructional personnel on continuing contract or professional 113
service contract may opt into the performance salary schedule if 114
the employee relinquishes such contract and agrees to be 115
employed on an annual contract under s. 1012.335. Such an 116
employee shall be placed on the performance salary schedule and 117
may not return to continuing contract or professional service 118
contract status. Any employee who opts into the performance 119
salary schedule may not return to the grandfathered salary 120
schedule. 121
b. In determining the grandfathered salary schedule for 122
instructional personnel, a district school board must base a 123
portion of each employee's compensation upon performance 124
demonstrated under s. 1012.34 and shall provide differentiated 125
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pay for both instructional personnel and school administrators 126
based upon district-determined factors, including, but not 127
limited to, additional responsibilities, school demographics, 128
critical shortage areas, and level of job performance 129
difficulties. 130
5. Performance sala ry schedule.—By July 1, 2014, the 131
district school board shall adopt a performance salary schedule 132
that provides annual salary adjustments for instructional 133
personnel and school administrators based upon performance 134
determined under s. 1012.34. Employees hi red on or after July 1, 135
2014, or employees who choose to move from the grandfathered 136
salary schedule to the performance salary schedule shall be 137
compensated pursuant to the performance salary schedule once 138
they have received the appropriate performance eva luation for 139
this purpose. 140
a. Base salary.—The base salary shall be established as 141
follows: 142
(I) The base salary for instructional personnel or school 143
administrators who opt into the performance salary schedule 144
shall be the salary paid in the prior year, including 145
adjustments only. 146
(II) Instructional personnel or school administrators new 147
to the district, returning to the district after a break in 148
service without an authorized leave of absence, or appointed for 149
the first time to a position in the distri ct in the capacity of 150
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instructional personnel or school administrator shall be placed 151
on the performance salary schedule. Beginning July 1, 2023 2021, 152
and until such time as the minimum base salary as defined in s. 153
1011.62(14) equals or exceeds $65,000 $47,500, the annual 154
increase to the minimum base salary shall not be less than 150 155
percent of the largest adjustment made to the salary of an 156
employee on the grandfathered salary schedule. Thereafter, the 157
annual increase to the minimum base salary shall not b e less 158
than 75 percent of the largest adjustment for an employee on the 159
grandfathered salary schedule. 160
b. Salary adjustments. —Salary adjustments for highly 161
effective or effective performance shall be established as 162
follows: 163
(I) The annual salary adjust ment under the performance 164
salary schedule for an employee rated as highly effective must 165
be at least 25 percent greater than the highest annual salary 166
adjustment available to an employee of the same classification 167
through any other salary schedule adopted by the district. 168
(II) The annual salary adjustment under the performance 169
salary schedule for an employee rated as effective must be equal 170
to at least 50 percent and no more than 75 percent of the annual 171
adjustment provided for a highly effective employe e of the same 172
classification. 173
(III) A salary schedule shall not provide an annual salary 174
adjustment for an employee who receives a rating other than 175
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highly effective or effective for the year. 176
c. Salary supplements. —In addition to the salary 177
adjustments, each district school board shall provide for salary 178
supplements for activities that must include, but are not 179
limited to: 180
(I) Assignment to a Title I eligible school. 181
(II) Assignment to a school that earned a grade of "F" or 182
three consecutive grades of "D" pursuant to s. 1008.34 such that 183
the supplement remains in force for at least 1 year following 184
improved performance in that school. 185
(III) Certification and teaching in critical teacher 186
shortage areas. Statewide critical teacher shortage areas sha ll 187
be identified by the State Board of Education under s. 1012.07. 188
However, the district school board may identify other areas of 189
critical shortage within the school district for purposes of 190
this sub-sub-subparagraph and may remove areas identified by the 191
state board which do not apply within the school district. 192
(IV) Assignment of additional academic responsibilities. 193
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If budget constraints in any given year limit a district school 195
board's ability to fully fund all adopted salary schedules, the 196
performance salary schedule shall not be reduced on the basis of 197
total cost or the value of individual awards in a manner that i s 198
proportionally greater than reductions to any other salary 199
schedules adopted by the district. Any compensation for 200
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longevity of service awarded to instructional personnel who are 201
on any other salary schedule must be included in calculating the 202
salary adjustments required by sub -subparagraph b. 203
Section 4. This act shall take effect July 1, 2023. 204