HB 443 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-00
Page 1 of 15
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. 1002.33, 2
F.S.; requiring the Department of Education to develop 3
a review and evaluation form for charter schools which 4
meets specified criteria; restricting what types of 5
rules a sponsor may impose on charter schoo ls; 6
providing requirements for training that sponsors must 7
provide to charter schools; authorizing the department 8
to request that the State Board of Education withhold 9
funding from a sponsor under certain conditions; 10
specifying reporting requirements for s ponsors; 11
authorizing the department to refund a portion of the 12
administrative fee to charter schools under certain 13
conditions; amending s. 1012.56, F.S.; revising the 14
length of time for which a statement of status of 15
eligibility is valid; revising the leng th of time for 16
which the department may issue a professional 17
certificate; revising the requirements needed for a 18
professional certificate; amending s. 1012.71, F.S.; 19
authorizing a school administrator or substitute 20
teacher to petition the department for Fl orida Teacher 21
Classroom Supply Assistance Program funds under 22
certain conditions; requiring the department to review 23
the petition and render a decision within a specified 24
timeframe; specifying applicability of other program 25
HB 443 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-00
Page 2 of 15
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
requirements; providing an effec tive date. 26
27
Be It Enacted by the Legislature of the State of Florida: 28
29
Section 1. Paragraph (b) of subsection (5) and paragraph 30
(a) of subsection (20) of section 1002.33, Florida Statutes, are 31
amended to read: 32
1002.33 Charter schools. — 33
(5) SPONSOR; DUTIES.— 34
(b) Sponsor duties.— 35
1.a. The sponsor shall monitor and review the charter 36
school in its progress toward the goals established in the 37
charter. 38
b. The sponsor shall monitor the revenues and expenditures 39
of the charter school and perform the duties provided in s. 40
1002.345. 41
c. The sponsor may approve a charter for a charter school 42
before the applicant has identified space, equipment, or 43
personnel, if the applicant indicates approval is necessary for 44
it to raise working funds. 45
d. The sponsor may not apply its policies to a charter 46
school unless mutually agreed to by both the sponsor and the 47
charter school. If the sponsor subsequently amends any agreed -48
upon sponsor policy, the version of the policy in effect at the 49
time of the execution of the charter, or any subsequent 50
HB 443 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-00
Page 3 of 15
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
modification thereof, shall remain in effect and the sponsor may 51
not hold the charter school responsible for any provision of a 52
newly revised policy until the revised policy is mutually agreed 53
upon. 54
e. The sponsor shall en sure that the charter is innovative 55
and consistent with the state education goals established by s. 56
1000.03(5). 57
f. The sponsor shall ensure that the charter school 58
participates in the state's education accountability system. If 59
a charter school falls sho rt of performance measures included in 60
the approved charter, the sponsor shall report such shortcomings 61
to the Department of Education. 62
g. The sponsor is not liable for civil damages under state 63
law for personal injury, property damage, or death resultin g 64
from an act or omission of an officer, employee, agent, or 65
governing body of the charter school. 66
h. The sponsor is not liable for civil damages under state 67
law for any employment actions taken by an officer, employee, 68
agent, or governing body of the ch arter school. 69
i. The sponsor's duties to monitor the charter school do 70
not constitute the basis for a private cause of action. 71
j. The sponsor may not impose additional reporting 72
requirements on a charter school as long as the charter school 73
has not been identified as having a deteriorating financial 74
condition or financial emergency pursuant to s. 1002.345. 75
HB 443 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-00
Page 4 of 15
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
k. The sponsor shall submit an annual report to the 76
Department of Education in a web -based format to be determined 77
by the department. 78
(I) The report shall include the following information: 79
(A) The number of applications received during the school 80
year and up to August 1 and each applicant's contact 81
information. 82
(B) The date each application was approved, denied, or 83
withdrawn. 84
(C) The date each final contract was executed. 85
(II) Annually, by November 1, the sponsor shall submit to 86
the department the information for the applications submitted 87
the previous year. 88
(III)(A) The department shall compile an annual report, by 89
sponsor, and post the report on its website by January 15 of 90
each year. 91
(B) The department shall develop a standardized annual 92
periodic review and evaluation form to be completed by sponsors 93
that meets the standard charter contract's or virtual charter 94
contract's criteria. Any term or condition of a proposed charter 95
annual periodic review and evaluation form or proposed virtual 96
charter annual periodic review and evaluation form which differs 97
from the standard annual periodic review and evaluation form or 98
virtual charter annual periodic review and evaluation form 99
adopted by rule of the State Board of Education shall be 100
HB 443 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-00
Page 5 of 15
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
presumed a limitation on charter school flexibility. The sponsor 101
may not impose unreasonable rules or regulations that violate 102
the intent of giving charter sch ools greater flexibility to meet 103
educational goals. 104
2. Immunity for the sponsor of a charter school under 105
subparagraph 1. applies only with respect to acts or omissions 106
not under the sponsor's direct authority as described in this 107
section. 108
3. This paragraph does not waive a sponsor's sovereign 109
immunity. 110
4. A Florida College System institution may work with the 111
school district or school districts in its designated service 112
area to develop charter schools that offer secondary education. 113
These charter schools must include an option for students to 114
receive an associate degree upon high school graduation. If a 115
Florida College System institution operates an approved teacher 116
preparation program under s. 1004.04 or s. 1004.85, the 117
institution may operate charte r schools that serve students in 118
kindergarten through grade 12 in any school district within the 119
service area of the institution. District school boards shall 120
cooperate with and assist the Florida College System institution 121
on the charter application. Flor ida College System institution 122
applications for charter schools are not subject to the time 123
deadlines outlined in subsection (6) and may be approved by the 124
district school board at any time during the year. Florida 125
HB 443 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-00
Page 6 of 15
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
College System institutions may not repor t FTE for any students 126
participating under this subparagraph who receive FTE funding 127
through the Florida Education Finance Program. 128
5. For purposes of assisting the development of a charter 129
school, a school district may enter into nonexclusive interlocal 130
agreements with federal and state agencies, counties, 131
municipalities, and other governmental entities that operate 132
within the geographical borders of the school district to act on 133
behalf of such governmental entities in the inspection, 134
issuance, and other necessary activities for all necessary 135
permits, licenses, and other permissions that a charter school 136
needs in order for development, construction, or operation. A 137
charter school may use, but may not be required to use, a school 138
district for these service s. The interlocal agreement must 139
include, but need not be limited to, the identification of fees 140
that charter schools will be charged for such services. The fees 141
must consist of the governmental entity's fees plus a fee for 142
the school district to recover n o more than actual costs for 143
providing such services. These services and fees are not 144
included within the services to be provided pursuant to 145
subsection (20). Notwithstanding any other provision of law, an 146
interlocal agreement or ordinance that imposes a g reater 147
regulatory burden on charter schools than school districts or 148
that prohibits or limits the creation of a charter school is 149
void and unenforceable. An interlocal agreement entered into by 150
HB 443 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-00
Page 7 of 15
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 school district for the development of only its own schools, 151
including provisions relating to the extension of 152
infrastructure, may be used by charter schools. 153
6. The board of trustees of a sponsoring state university 154
or Florida College System institution under paragraph (a) is the 155
local educational agency for all charter schools it sponsors for 156
purposes of receiving federal funds and accepts full 157
responsibility for all local educational agency requirements and 158
the schools for which it will perform local educational agency 159
responsibilities. A student enrolled in a charter school that is 160
sponsored by a state university or Florida College System 161
institution may not be included in the calculation of the school 162
district's grade under s. 1008.34(5) for the school district in 163
which he or she resides. 164
(20) SERVICES.— 165
(a)1. A sponsor shall provide certain administrative and 166
educational services to charter schools. These services shall 167
include contract management services; full -time equivalent and 168
data reporting services; exceptional student education 169
administration servi ces; services related to eligibility and 170
reporting duties required to ensure that school lunch services 171
under the National School Lunch Program, consistent with the 172
needs of the charter school, are provided by the sponsor at the 173
request of the charter scho ol, that any funds due to the charter 174
school under the National School Lunch Program be paid to the 175
HB 443 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-00
Page 8 of 15
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 as soon as the charter school begins serving food 176
under the National School Lunch Program, and that the charter 177
school is paid at the same ti me and in the same manner under the 178
National School Lunch Program as other public schools serviced 179
by the sponsor or the school district; test administration 180
services, including payment of the costs of state -required or 181
district-required student assessment s; processing of teacher 182
certificate data services; and information services, including 183
equal access to the sponsor's student information systems that 184
are used by public schools in the district in which the charter 185
school is located or by schools in the sp onsor's portfolio of 186
charter schools if the sponsor is not a school district. Student 187
performance data for each student in a charter school, 188
including, but not limited to, FCAT scores, standardized test 189
scores, previous public school student report cards, and student 190
performance measures, shall be provided by the sponsor to a 191
charter school in the same manner provided to other public 192
schools in the district or by schools in the sponsor's portfolio 193
of charter schools if the sponsor is not a school district. 194
2. A sponsor shall provide training to charter schools on 195
any statutory requirements, systems the sponsor will require 196
charter schools to use, and rule changes from the department. 197
The sponsor shall notify charter schools of open vacancies for 198
training in the district and allow them to participate. If a 199
sponsor does not allow a charter school to participate in the 200
HB 443 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-00
Page 9 of 15
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
trainings specified in this subparagraph, the department may ask 201
the State Board of Education to withhold funding. 202
3. A sponsor may withhold an administrative fee for the 203
provision of such services which shall be a percentage of the 204
available funds defined in paragraph (17)(b) calculated based on 205
weighted full-time equivalent students. If the charter school 206
serves 75 percent or more exceptional education students as 207
defined in s. 1003.01(3), the percentage shall be calculated 208
based on unweighted full -time equivalent students. The 209
administrative fee shall be calculated as follows: 210
a. Up to 5 percent for: 211
(I) Enrollment of up to and including 250 students in a 212
charter school as defined in this section. 213
(II) Enrollment of up to and including 500 students within 214
a charter school system which meets all of the following: 215
(A) Includes conversion charter schools and nonconversion 216
charter schools. 217
(B) Has all of its schools located in the same county. 218
(C) Has a total enrollment exceeding the total enrollment 219
of at least one school district in this state. 220
(D) Has the same governing board for all of its schools. 221
(E) Does not contract with a f or-profit service provider 222
for management of school operations. 223
(III) Enrollment of up to and including 250 students in a 224
virtual charter school. 225
HB 443 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-00
Page 10 of 15
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. Up to 2 percent for enrollment of up to and including 226
250 students in a high -performing charter school as defined in 227
s. 1002.331. 228
c. Up to 2 percent for enrollment of up to and including 229
250 students in an exceptional student education center that 230
meets the requirements of the rules adopted by the State Board 231
of Education pursuant to s. 1008.3415(3). 232
4.3. A sponsor may not charge charter schools any 233
additional fees or surcharges for administrative and educational 234
services in addition to the maximum percentage of administrative 235
fees withheld pursuant to this paragraph. A sponsor may not 236
charge or withhold any administrative fee against a charter 237
school for any funds specifically allocated by the Legislature 238
for teacher compensation. 239
5.4. A sponsor shall provide to the department by 240
September 15 of each year the total amount of funding withheld 241
from charter schools pursuant to this subsection for the prior 242
fiscal year. The department must include the information in the 243
report required under sub -sub-subparagraph (5)(b)1.k.(III). 244
6. The sponsor shall provide annually a report to its 245
charter schools on wha t services are being rendered from the 246
sponsor's portion of the administrative fee. The report must 247
include the listed services with a fixed monthly and annual 248
cost. An affidavit of the report shall be signed by the 249
sponsor's chief financial officer and su bmitted to the 250
HB 443 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-00
Page 11 of 15
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
department by September 15 of each year. Upon the department's 251
review of the report, it may withdraw the district's portion of 252
the administrative fee if the department determines that 253
services are not being rendered. Any withdrawn funds shal l be 254
refunded to the appropriate charter schools within 30 days of 255
such a determination. 256
Section 2. Subsection (1) and paragraph (a) of subsection 257
(7) of section 1012.56, Florida Statutes, are amended to read: 258
1012.56 Educator certification requireme nts.— 259
(1) APPLICATION.—Each person seeking certification 260
pursuant to this chapter shall submit a completed application 261
containing the applicant's social security number to the 262
Department of Education and remit the fee required pursuant to 263
s. 1012.59 and rules of the State Board of Education. Pursuant 264
to the federal Personal Responsibility and Work Opportunity 265
Reconciliation Act of 1996, each party is required to provide 266
his or her social security number in accordance with this 267
section. Disclosure of socia l security numbers obtained through 268
this requirement is limited to the purpose of administration of 269
the Title IV-D program of the Social Security Act for child 270
support enforcement. 271
(a) Pursuant to s. 120.60, the department shall issue 272
within 90 calendar days after receipt of the completed 273
application a professional certificate to a qualifying applicant 274
covering the classification, level, and area for which the 275
HB 443 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-00
Page 12 of 15
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
applicant is deemed qualified and a document explaining the 276
requirements for renewal of the pro fessional certificate. 277
(b) The department shall issue a temporary certificate to 278
a qualifying applicant within 14 calendar days after receipt of 279
a request from an employer with a professional education 280
competence demonstration program pursuant to paragra phs (6)(f) 281
and (8)(b). The temporary certificate must cover the 282
classification, level, and area for which the applicant is 283
deemed qualified. The department shall electronically notify the 284
applicant's employer that the temporary certificate has been 285
issued and provide the applicant an official statement of status 286
of eligibility at the time the certificate is issued. 287
(c) Pursuant to s. 120.60, the department shall issue 288
within 90 calendar days after receipt of the completed 289
application, if an applicant does not meet the requirements for 290
either certificate, an official statement of status of 291
eligibility. 292
293
The statement of status of eligibility must be provided 294
electronically and must advise the applicant of any 295
qualifications that must be completed to qualify for 296
certification. Each method by which an applicant can complete 297
the qualifications for a professional certificate must be 298
included in the statement of status of eligibility. Each 299
statement of status of eligibility is valid for 5 3 years after 300
HB 443 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-00
Page 13 of 15
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
its date of issuance, except as provided in paragraph (2)(d). 301
(7) TYPES AND TERMS OF CERTIFICATION. — 302
(a) The Department of Education shall issue a professional 303
certificate for a period not to exceed 10 5 years to any 304
applicant who fulfills one of the following: 305
1. Meets all the applicable requirements outlined in 306
subsection (2). 307
2. For a professional certificate covering grades 6 308
through 12: 309
a. Meets the applicable requirements of paragraphs (2)(a) -310
(h). 311
b. Holds a master's or higher degree in the area of 312
science, technology, engineering, or mathematics. 313
c. Teaches a high school course in the subject of the 314
advanced degree. 315
d. Is rated highly effective as determined by the 316
teacher's performance evaluation under s. 1012.34, based in part 317
on student performance as measured by a statewide, standardized 318
assessment or an Advanced Placement, Advanced International 319
Certificate of Education, or International Baccalaureate 320
examination. 321
e. Achieves a passing score on the Florida professional 322
education competency examination required by state board rule. 323
3. Meets the applicable requirements of paragraphs (2)(a)-324
(f) (2)(a)-(h) and completes a professional preparation and 325
HB 443 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-00
Page 14 of 15
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 competence program approved by the department pursuant 326
to paragraph (8)(c) or an ed ucator preparation institute 327
approved by the department pursuant to s. 1004.85. An applicant 328
who completes one of these programs and is rated highly 329
effective as determined by his or her performance evaluation 330
under s. 1012.34 is not required to take or ac hieve a passing 331
score on the professional education competency examination in 332
order to be awarded a professional certificate. 333
334
At least 1 year before an individual's temporary certificate is 335
set to expire, the department shall electronically notify the 336
individual of the date on which his or her certificate will 337
expire and provide a list of each method by which the 338
qualifications for a professional certificate can be completed. 339
The State Board of Education shall adopt rules to allow the 340
department to extend the validity period of a temporary 341
certificate for 2 years when the requirements for the 342
professional certificate were not completed due to the serious 343
illness or injury of the applicant, the military service of an 344
applicant's spouse, other extraordinary e xtenuating 345
circumstances, or if the certificateholder is rated highly 346
effective in the immediate prior year's performance evaluation 347
pursuant to s. 1012.34 or has completed a 2 -year mentorship 348
program pursuant to subsection (8). The department shall extend 349
the temporary certificate upon approval by the Commissioner of 350
HB 443 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-00
Page 15 of 15
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. A written request for extension of the certificate 351
shall be submitted by the district school superintendent, the 352
governing authority of a university lab school, the governing 353
authority of a state-supported school, or the governing 354
authority of a private school. 355
Section 3. Subsection (7) is added to section 1012.71, 356
Florida Statutes, to read: 357
1012.71 The Florida Teachers Classroom Supply Assistance 358
Program.— 359
(7)(a) An administrator or a substitute teacher acting 360
dually as a classroom teacher to fill a vacancy in an identified 361
teaching position on or before September 1 of each year who 362
holds a valid teaching certification may petition the 363
department, on a form developed by the d epartment, for that 364
classroom teacher's portion of the Florida Teacher Classroom 365
Supply Assistance Program allocation. The department shall 366
review the petition to determine the validity of the vacancy and 367
that the administrator or substitute teacher meets the 368
requirements specified in this section. The department must 369
render a decision to the applicant and the appropriate district 370
within 30 days on any petition made pursuant to this paragraph. 371
(b) An applicant whose petition is approved pursuant to 372
paragraph (a) is otherwise subject to all other requirements set 373
forth in this section. 374
Section 4. This act shall take effect July 1, 2023. 375