CS/CS/HB 443, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-03-e1
Page 1 of 27
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. 402.305, 2
F.S.; deleting a requirement that the Department of 3
Children and Families evaluate certain training 4
requirements and testing procedures; requiring the 5
department to submit a report to specified parties on 6
a periodic schedule beginning on a specified date; 7
providing requirements for such report; requiring the 8
department to adopt rules and revise policies based on 9
such report; authorizing the department to contract 10
for the production of such report; amending s. 11
1002.82, F.S.; revising requirements for the statewide 12
information system; amending s. 1002.945, F.S.; 13
revising requirements for certain child care providers 14
to obtain and maintain a designation as a Gold Seal 15
Quality Care provider; amending s. 1002.33, F.S.; 16
authorizing charter schools to give enrollment 17
preference to specified students; requiring a progress 18
monitoring plan for certain students; authorizing 19
certain charter schools to use specified assets for 20
certain other charter schools through an unfo rgivable 21
loan with specified terms; requiring charter school 22
sponsors to timely review and reimburse specified 23
grant funds; requiring such funds to be reimbursed 24
within a specified time period; providing for the 25
CS/CS/HB 443, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-03-e1
Page 2 of 27
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
payment of interest to charter schools under certain 26
circumstances; requiring charter school sponsors to 27
provide specified training and a certain report to its 28
charter schools; requiring the report to be submitted 29
to the Department of Education by a specified date; 30
requiring the State Board of Educa tion to adopt rules 31
to implement a standard monitoring tool; amending s. 32
1002.43, F.S.; authorizing private tutoring of a 33
specified number of students to take place in 34
specified facilities under existing zoning and land 35
use designations without obtaining a special 36
exception, rezoning, or a land use change; amending s. 37
1003.02, F.S.; requiring a poster containing specified 38
information relating to choking to be placed in public 39
school cafeterias; providing requirements for the 40
placement of such posters; amend ing s. 1003.64, F.S.; 41
requiring certain school districts be given priority 42
for awards under the Community School Grant Program; 43
requiring the Department of Education and 44
participating school districts to provide specified 45
information to the Center for Comm unity Schools at the 46
University of Central Florida; revising the 47
information the center must annually publish; amending 48
s. 1012.57, F.S.; revising the validity period of an 49
adjunct teaching certificate; amending s. 1012.71, 50
CS/CS/HB 443, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-03-e1
Page 3 of 27
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
F.S.; revising the definition of the term "classroom 51
teacher"; requiring district school boards to 52
calculate prorated shares of funds from the Florida 53
Teachers Classroom Supply Assistance Program for 54
certain classroom teachers; providing an effective 55
date. 56
57
Be It Enacted by the Legis lature of the State of Florida: 58
59
Section 1. Paragraph (e) of subsection (2) of section 60
402.305, Florida Statutes, is amended, and subsection (19) is 61
added to that section, to read: 62
402.305 Licensing standards; child care facilities. — 63
(2) PERSONNEL.—Minimum standards for child care personnel 64
shall include minimum requirements as to: 65
(e) Minimum training requirements for child care 66
personnel. 67
1. Such minimum standards for training shall ensure that 68
all child care personnel take an approved 40 -clock-hour 69
introductory course in child care, which course covers at least 70
the following topic areas: 71
a. State and local rules and regulations which govern 72
child care. 73
b. Health, safety, and nutrition. 74
c. Identifying and reporting child abuse and neglect . 75
CS/CS/HB 443, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-03-e1
Page 4 of 27
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
d. Child development, including typical and atypical 76
language, cognitive, motor, social, and self -help skills 77
development. 78
e. Observation of developmental behaviors, including using 79
a checklist or other similar observation tools and techniques to 80
determine the child's developmental age level. 81
f. Specialized areas, including computer technology for 82
professional and classroom use and early literacy and language 83
development of children from birth to 5 years of age, as 84
determined by the department, for owner-operators and child care 85
personnel of a child care facility. 86
g. Developmental disabilities, including autism spectrum 87
disorder and Down syndrome, and early identification, use of 88
available state and local resources, classroom integration, and 89
positive behavioral supports for children with developmental 90
disabilities. 91
92
Within 90 days after employment, child care personnel shall 93
begin training to meet the training requirements. Child care 94
personnel shall successfully complete such training within 1 95
year after the date on which the training began, as evidenced by 96
passage of a competency examination. Successful completion of 97
the 40-clock-hour introductory course shall articulate into 98
community college credit in early childhood education, pursuant 99
to ss. 1007.24 and 1007.25. Exemption from all or a portion of 100
CS/CS/HB 443, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-03-e1
Page 5 of 27
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 required training shall be granted to child care personnel 101
based upon educational credentials or passage of competency 102
examinations. Child care personnel possessing a 2 -year degree or 103
higher that includes 6 college credit hours in early childhood 104
development or child growth and development, or a child 105
development associate credential or an equivalent state -approved 106
child development associate credential, or a child development 107
associate waiver certificate shall be automatically exempted 108
from the training requirements in sub -subparagraphs b., d., and 109
e. 110
2. The introductory course in child care shall stress, to 111
the extent possible, an interdisciplinary approach to the study 112
of children. 113
3. The introductory course shall cover recognition and 114
prevention of shaken baby syndrome; prevention of sudden infant 115
death syndrome; recognition and care of infants and toddlers 116
with developmental disabilities, including autism spectrum 117
disorder and Down syndrom e; and early childhood brain 118
development within the topic areas identified in this paragraph. 119
4. On an annual basis in order to further their child care 120
skills and, if appropriate, administrative skills, child care 121
personnel who have fulfilled the requir ements for the child care 122
training shall be required to take an additional 1 continuing 123
education unit of approved inservice training, or 10 clock hours 124
of equivalent training, as determined by the department. 125
CS/CS/HB 443, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-03-e1
Page 6 of 27
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. Child care personnel shall be required to complete 0.5 126
continuing education unit of approved training or 5 clock hours 127
of equivalent training, as determined by the department, in 128
early literacy and language development of children from birth 129
to 5 years of age one time. The year that this training is 130
completed, it shall fulfill the 0.5 continuing education unit or 131
5 clock hours of the annual training required in subparagraph 4. 132
6. Procedures for ensuring the training of qualified child 133
care professionals to provide training of child care personne l, 134
including onsite training, shall be included in the minimum 135
standards. It is recommended that the state community child care 136
coordination agencies (central agencies) be contracted by the 137
department to coordinate such training when possible. Other 138
district educational resources, such as community colleges and 139
career programs, can be designated in such areas where central 140
agencies may not exist or are determined not to have the 141
capability to meet the coordination requirements set forth by 142
the department. 143
7. Training requirements shall not apply to certain 144
occasional or part-time support staff, including, but not 145
limited to, swimming instructors, piano teachers, dance 146
instructors, and gymnastics instructors. 147
8. The department shall evaluate or contract f or an 148
evaluation for the general purpose of determining the status of 149
and means to improve staff training requirements and testing 150
CS/CS/HB 443, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-03-e1
Page 7 of 27
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. The evaluation shall be conducted every 2 years. The 151
evaluation shall include, but not be limited to, determining the 152
availability, quality, scope, and sources of current staff 153
training; determining the need for specialty training; and 154
determining ways to increase inservice training and ways to 155
increase the accessibility, quality, and cost -effectiveness of 156
current and proposed staff training. The evaluation methodology 157
shall include a reliable and valid survey of child care 158
personnel. 159
8.9. The child care operator shall be required to take 160
basic training in serving children with disabilities within 5 161
years after employment, either as a part of the introductory 162
training or the annual 8 hours of inservice training. 163
(19) REPORT.—By December 31, 2024, and every 5 years 164
thereafter, the department shall submit a report to the 165
Governor, the President of the Senate, and the Speaker of the 166
House of Representatives. 167
(a) The report must include, at a minimum, information 168
concerning: 169
1. Training requirements and coursework offered by the 170
department to child care personnel. The report must include the 171
results of a reliable an d valid survey of child care personnel 172
regarding such training and coursework. Such results must be 173
used to make recommendations regarding: 174
a. The availability, quality, relevance, scope, cost 175
CS/CS/HB 443, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-03-e1
Page 8 of 27
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
effectiveness, and sources of current and prospective trainin g. 176
b. The need for specialty training. 177
c. Approaches to increase inservice training. 178
2. Licensing and regulation of child care facilities. The 179
report shall identify and make recommendations regarding: 180
a. The elimination of unnecessary, vague, or r edundant 181
rules. 182
b. Streamlined standards used to classify violations. 183
c. The application of rules in a manner to eliminate 184
subjectivity by licensing staff. 185
d. Methods to simplify inspections. 186
e. The elimination of duplicative and unnecessary 187
inspections. 188
(b) The department shall adopt rules and revise policies 189
based on the recommendations in the report. 190
(c) The department may contract for the production of the 191
report required under this subsection. 192
Section 2. Paragraph (q) of subsection (2) of section 193
1002.82, Florida Statutes, is amended to read: 194
1002.82 Department of Education; powers and duties. — 195
(2) The department shall: 196
(q) Establish a single statewide information system that 197
each coalition must use for the purposes of managing th e single 198
point of entry, tracking children's progress, coordinating 199
services among stakeholders, determining eligibility of 200
CS/CS/HB 443, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-03-e1
Page 9 of 27
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
children, tracking child attendance, and streamlining 201
administrative processes for providers and early learning 202
coalitions. By July 1, 2019, the system, subject to ss. 1002.72 203
and 1002.97, shall: 204
1. Allow a parent to find early learning programs online, 205
including the performance profile under s. 1002.92(3)(a) which 206
must be integrated into the online portal under s. 1001.10(10). 207
2.1. Allow a parent to monitor the development of his or 208
her child as the child moves among programs within the state. 209
3.2. Enable analysis at the state, regional, and local 210
level to measure child growth over time, program impact, and 211
quality improvement an d investment decisions. 212
Section 3. Paragraph (b) of subsection (4) of section 213
1002.945, Florida Statutes, is amended to read: 214
1002.945 Gold Seal Quality Care Program. — 215
(4) In order to obtain and maintain a designation as a 216
Gold Seal Quality Care pr ovider, a child care facility, large 217
family child care home, or family day care home must meet the 218
following additional criteria: 219
(b) The child care provider must not have had three or 220
more of the same class II violations, as defined by rule of the 221
Department of Children and Families, within the 2 years 222
preceding its application for designation as a Gold Seal Quality 223
Care provider. Commission of three or more of the same class II 224
violations within a 2 -year period shall be grounds for 225
CS/CS/HB 443, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-03-e1
Page 10 of 27
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
termination of the de signation as a Gold Seal Quality Care 226
provider until the provider has no class II violations that are 227
the same for a period of 1 year. 228
Section 4. Paragraphs (d) and (e) of subsection (10), 229
paragraphs (b) and (e) of subsection (17), paragraph (a) of 230
subsection (20), and subsection (28) of section 1002.33, Florida 231
Statutes, are amended to read: 232
1002.33 Charter schools. — 233
(10) ELIGIBLE STUDENTS. — 234
(d) A charter school may give enrollment preference to the 235
following student populations: 236
1. Students who are siblings of a student enrolled in the 237
charter school. 238
2. Students who are the children of a member of the 239
governing board of the charter school. 240
3. Students who are the children of an employee of the 241
charter school. 242
4. Students who are the chil dren of: 243
a. An employee of the business partner of a charter 244
school-in-the-workplace established under paragraph (15)(b) or a 245
resident of the municipality in which such charter school is 246
located; or 247
b. A resident or employee of a municipality that oper ates 248
a charter school-in-a-municipality pursuant to paragraph (15)(c) 249
or allows a charter school to use a school facility or portion 250
CS/CS/HB 443, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-03-e1
Page 11 of 27
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
of land provided by the municipality for the operation of the 251
charter school. 252
5. Students who have successfully completed , during the 253
previous year, a voluntary prekindergarten education program 254
under ss. 1002.51-1002.79 provided by the charter school, the 255
charter school's governing board, or a voluntary prekindergarten 256
provider that has a written agreement with the governin g board. 257
6. Students who are the children of an active duty member 258
of any branch of the United States Armed Forces. 259
7. Students who attended or are assigned to failing 260
schools pursuant to s. 1002.38(2). 261
8. Students who are the children of a safe -school officer, 262
as defined in s. 1006.12, at the school. 263
(e) A charter school may limit the enrollment process only 264
to target the following student populations: 265
1. Students within specific age groups or grade levels. 266
2. Students considered at risk of dro pping out of school 267
or academic failure. Such students shall include exceptional 268
education students. 269
3. Students enrolling in a charter school -in-the-workplace 270
or charter school-in-a-municipality established pursuant to 271
subsection (15). 272
4. Students residing within a reasonable distance of the 273
charter school, as described in paragraph (20)(c). Such students 274
shall be subject to a random lottery and to the racial/ethnic 275
CS/CS/HB 443, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-03-e1
Page 12 of 27
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
balance provisions described in subparagraph (7)(a)8. or any 276
federal provisions that re quire a school to achieve a 277
racial/ethnic balance reflective of the community it serves or 278
within the racial/ethnic range of other nearby public schools. 279
5. Students who meet reasonable academic, artistic, or 280
other eligibility standards established by th e charter school 281
and included in the charter school application and charter or, 282
in the case of existing charter schools, standards that are 283
consistent with the school's mission and purpose. Such standards 284
shall be in accordance with current state law and p ractice in 285
public schools and may not discriminate against otherwise 286
qualified individuals. A school that limits enrollment for such 287
purposes must place a student on a progress monitoring plan for 288
at least one semester before dismissing such student from t he 289
school. 290
6. Students articulating from one charter school to 291
another pursuant to an articulation agreement between the 292
charter schools that has been approved by the sponsor. 293
7. Students living in a development in which a developer, 294
including any affiliated business entity or charitable 295
foundation, contributes to the formation, acquisition, 296
construction, or operation of one or more charter schools or 297
charter school facilities and related property in an amount 298
equal to or having a total appraised value of at least $5 299
million to be used as charter schools to mitigate the 300
CS/CS/HB 443, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-03-e1
Page 13 of 27
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
educational impact created by the development of new residential 301
dwelling units. Students living in the development are entitled 302
to 50 percent of the student stations in the charter schoo ls. 303
The students who are eligible for enrollment are subject to a 304
random lottery, the racial/ethnic balance provisions, or any 305
federal provisions, as described in subparagraph 4. The 306
remainder of the student stations must be filled in accordance 307
with subparagraph 4. 308
(17) FUNDING.—Students enrolled in a charter school, 309
regardless of the sponsorship, shall be funded as if they are in 310
a basic program or a special program, the same as students 311
enrolled in other public schools in a school district. Funding 312
for a charter lab school shall be as provided in s. 1002.32. 313
(b)1. The basis for the agreement for funding students 314
enrolled in a charter school shall be the sum of the school 315
district's operating funds from the Florida Education Finance 316
Program as provided in s. 1011.62 and the General Appropriations 317
Act, including gross state and local funds, discretionary 318
lottery funds, and funds from the school district's current 319
operating discretionary millage levy; divided by total funded 320
weighted full-time equivalent students in the school district; 321
and multiplied by the weig hted full-time equivalent students for 322
the charter school. Charter schools whose students or programs 323
meet the eligibility criteria in law are entitled to their 324
proportionate share of categorical program funds included in the 325
CS/CS/HB 443, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-03-e1
Page 14 of 27
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
total funds available in the F lorida Education Finance Program 326
by the Legislature, including transportation, and the evidence -327
based reading allocation. Total funding for each charter school 328
shall be recalculated during the year to reflect the revised 329
calculations under the Florida Educ ation Finance Program by the 330
state and the actual weighted full -time equivalent students 331
reported by the charter school during the full -time equivalent 332
student survey periods designated by the Commissioner of 333
Education. For charter schools operated by a no t-for-profit or 334
municipal entity, any unrestricted current and capital assets 335
identified in the charter school's annual financial audit may be 336
used for other charter schools operated by the not -for-profit or 337
municipal entity within the school district. For charter schools 338
operated by a not-for-profit entity, any unrestricted current or 339
capital assets identified in the charter school's annual audit 340
may be used for other charter schools operated by the not -for 341
profit entity which are located outside of the or iginating 342
charter school's school district, but within the state, through 343
an unforgiveable loan that must be repaid within 5 years to the 344
originating charter school by the receiving charter school. 345
Unrestricted current assets shall be used in accordance wi th s. 346
1011.62, and any unrestricted capital assets shall be used in 347
accordance with s. 1013.62(2). 348
2.a. Students enrolled in a charter school sponsored by a 349
state university or Florida College System institution pursuant 350
CS/CS/HB 443, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-03-e1
Page 15 of 27
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 paragraph (5)(a) shall be fund ed as if they are in a basic 351
program or a special program in the school district. The basis 352
for funding these students is the sum of the total operating 353
funds from the Florida Education Finance Program for the school 354
district in which the school is located as provided in s. 355
1011.62 and the General Appropriations Act, including gross 356
state and local funds, discretionary lottery funds, and funds 357
from each school district's current operating discretionary 358
millage levy, divided by total funded weighted full -time 359
equivalent students in the district, and multiplied by the full -360
time equivalent membership of the charter school. The Department 361
of Education shall develop a tool that each state university or 362
Florida College System institution sponsoring a charter schoo l 363
shall use for purposes of calculating the funding amount for 364
each eligible charter school student. The total amount obtained 365
from the calculation must be appropriated from state funds in 366
the General Appropriations Act to the charter school. 367
b. Capital outlay funding for a charter school sponsored 368
by a state university or Florida College System institution 369
pursuant to paragraph (5)(a) is determined pursuant to s. 370
1013.62 and the General Appropriations Act. 371
(e) Sponsors shall make timely and efficient p ayment and 372
reimbursement to charter schools, including processing paperwork 373
required to access special state and federal funding for which 374
they may be eligible , including the timely review and 375
CS/CS/HB 443, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-03-e1
Page 16 of 27
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
reimbursement of federal grant funds . Payments of funds under 376
paragraph (b) shall be made monthly or twice a month, beginning 377
with the start of the sponsor's fiscal year. Each payment shall 378
be one-twelfth, or one twenty -fourth, as applicable, of the 379
total state and local funds described in paragraph (b) and 380
adjusted as set forth therein. For the first 2 years of a 381
charter school's operation, if a minimum of 75 percent of the 382
projected enrollment is entered into the sponsor's student 383
information system by the first day of the current month, the 384
sponsor shall distribute funds to the school for the months of 385
July through October based on the projected full -time equivalent 386
student membership of the charter school as submitted in the 387
approved application. If less than 75 percent of the projected 388
enrollment is entered into th e sponsor's student information 389
system by the first day of the current month, the sponsor shall 390
base payments on the actual number of student enrollment entered 391
into the sponsor's student information system. Thereafter, the 392
results of full-time equivalent student membership surveys shall 393
be used in adjusting the amount of funds distributed monthly to 394
the charter school for the remainder of the fiscal year. The 395
payments shall be issued no later than 10 working days after the 396
sponsor receives a distribution o f state or federal funds or the 397
date the payment is due pursuant to this subsection. With 398
respect to federal grant funds submitted for reimbursement, the 399
sponsor shall have 60 calendar days from the date of the 400
CS/CS/HB 443, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-03-e1
Page 17 of 27
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
submission to reimburse the charter school if the submission 401
provides all the necessary information to qualify for 402
reimbursement. If a warrant for payment is not issued within 10 403
working days after receipt of funding by the sponsor or within 404
60 calendar days after an approved submittal for reimbursem ent 405
of federal grant funds , the sponsor shall pay to the charter 406
school, in addition to the amount of the scheduled disbursement, 407
interest at a rate of 1 percent per month calculated on a daily 408
basis on the unpaid balance from the expiration of the 10 409
working days or 60 calendar days for the reimbursement of 410
federal grant funds, until such time as the warrant is issued. 411
The district school board may not delay payment to a charter 412
school of any portion of the funds provided in paragraph (b) 413
based on the timing of receipt of local funds by the district 414
school board. 415
(20) SERVICES.— 416
(a)1. A sponsor shall provide certain administrative and 417
educational services to charter schools. These services shall 418
include contract management services; full -time equivalent and 419
data reporting services; exceptional student education 420
administration services; services related to eligibility and 421
reporting duties required to ensure that school lunch services 422
under the National School Lunch Program, consistent with the 423
needs of the charter school, are provided by the sponsor at the 424
request of the charter school, that any funds due to the charter 425
CS/CS/HB 443, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-03-e1
Page 18 of 27
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 under the National School Lunch Program be paid to the 426
charter school as soon as the charter school begins serving food 427
under the National School Lunch Program, and that the charter 428
school is paid at the same time and in the same manner under the 429
National School Lunch Program as other public schools serviced 430
by the sponsor or the school district; test administration 431
services, including payment of the costs of state -required or 432
district-required student assessments; processing of teacher 433
certificate data services; and information services, including 434
equal access to the sponsor's student information systems that 435
are used by public school s in the district in which the charter 436
school is located or by schools in the sponsor's portfolio of 437
charter schools if the sponsor is not a school district. Student 438
performance data for each student in a charter school, 439
including, but not limited to, FCAT scores, standardized test 440
scores, previous public school student report cards, and student 441
performance measures, shall be provided by the sponsor to a 442
charter school in the same manner provided to other public 443
schools in the district or by schools in the sponsor's portfolio 444
of charter schools if the sponsor is not a school district. 445
2. A sponsor shall provide training to charter schools on 446
systems the sponsor will require the charter school to use. 447
3.2. A sponsor may withhold an administrative fee for the 448
provision of such services which shall be a percentage of the 449
available funds defined in paragraph (17)(b) calculated based on 450
CS/CS/HB 443, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-03-e1
Page 19 of 27
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
weighted full-time equivalent students. If the charter school 451
serves 75 percent or more exceptional education students as 452
defined in s. 1003.01(3), the percentage shall be calculated 453
based on unweighted full -time equivalent students. The 454
administrative fee shall be calculated as follows: 455
a. Up to 5 percent for: 456
(I) Enrollment of up to and including 250 students in a 457
charter school as defined in this section. 458
(II) Enrollment of up to and including 500 students within 459
a charter school system which meets all of the following: 460
(A) Includes conversion charter schools and nonconversion 461
charter schools. 462
(B) Has all of its scho ols located in the same county. 463
(C) Has a total enrollment exceeding the total enrollment 464
of at least one school district in this state. 465
(D) Has the same governing board for all of its schools. 466
(E) Does not contract with a for -profit service provider 467
for management of school operations. 468
(III) Enrollment of up to and including 250 students in a 469
virtual charter school. 470
b. Up to 2 percent for enrollment of up to and including 471
250 students in a high -performing charter school as defined in 472
s. 1002.331. 473
c. Up to 2 percent for enrollment of up to and including 474
250 students in an exceptional student education center that 475
CS/CS/HB 443, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-03-e1
Page 20 of 27
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
meets the requirements of the rules adopted by the State Board 476
of Education pursuant to s. 1008.3415(3). 477
4.3. A sponsor may not charge charter schools any 478
additional fees or surcharges for administrative and educational 479
services in addition to the maximum percentage of administrative 480
fees withheld pursuant to this paragraph. A sponsor may not 481
charge or withhold any administrative fee against a charter 482
school for any funds specifically allocated by the Legislature 483
for teacher compensation. 484
5.4. A sponsor shall provide to the department by 485
September 15 of each year the total amount of funding withheld 486
from charter schools pursuant to this subsection for the prior 487
fiscal year. The department must include the information in the 488
report required under sub -sub-subparagraph (5)(b)1.k.(III). 489
6. A sponsor shall annually provide a report to its 490
charter schools on what se rvices are being rendered from the 491
sponsor's portion of the administrative fee. The report must 492
include the listed services and be submitted to the department 493
by September 15 of each year. 494
(28) RULEMAKING.—The Department of Education, after 495
consultation with sponsors and charter school directors, shall 496
recommend that the State Board of Education adopt rules to 497
implement specific subsections of this section. Such rules shall 498
require minimum paperwork and shall not limit charter school 499
flexibility authorize d by statute. The State Board of Education 500
CS/CS/HB 443, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-03-e1
Page 21 of 27
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 adopt rules, pursuant to ss. 120.536(1) and 120.54, to 501
implement a standard charter application form, standard 502
application form for the replication of charter schools in a 503
high-performing charter school syst em, standard evaluation 504
instrument, standard monitoring tool, and standard charter and 505
charter renewal contracts in accordance with this section. 506
Section 5. Subsection (3) is added to section 1002.43, 507
Florida Statutes, to read: 508
1002.43 Private tutori ng programs.— 509
(3) Private tutoring may be provided to up to 25 students 510
in any commercial building with a valid certificate of 511
occupancy, library, community service, museum, performing arts, 512
theatre, cinema, or church facility; in any facility or on any 513
land owned by a Florida College System institution or 514
university; in any similar public institution facility; and in 515
any facility recently used to house a school or child care 516
facility licensed under s. 402.305 within the preexisting zoning 517
and land use designations of the facility without obtaining a 518
special exception, rezoning, or a land use change so long as the 519
provision of such tutoring meets all applicable state and local 520
health, safety, and welfare laws, codes, and rules, including 521
those pertaining to firesafety and building safety. 522
Section 6. Paragraph (k) is added to subsection (1) of 523
section 1003.02, Florida Statutes, to read: 524
1003.02 District school board operation and control of 525
CS/CS/HB 443, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-03-e1
Page 22 of 27
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
public K-12 education within the school district. —As provided in 526
part II of chapter 1001, district school boards are 527
constitutionally and statutorily charged with the operation and 528
control of public K-12 education within their school districts. 529
The district school boards must establish, organize, and operate 530
their public K-12 schools and educational programs, employees, 531
and facilities. Their responsibilities include staff 532
development, public K -12 school student education including 533
education for exceptional students and students in juvenile 534
justice programs, special pr ograms, adult education programs, 535
and career education programs. Additionally, district school 536
boards must: 537
(1) Provide for the proper accounting for all students of 538
school age, for the attendance and control of students at 539
school, and for proper attenti on to health, safety, and other 540
matters relating to the welfare of students in the following 541
areas: 542
(k) Instructions on emergency first aid for choking. —543
Require a poster that contains step -by-step instructions on how 544
to provide emergency first aid for choking on conscious 545
individuals to be posted in each public school cafeteria within 546
the school district. The poster must be easily visible and 547
prominently placed. 548
Section 7. Paragraph (b) of subsection (3) and subsec tion 549
(4) of section 1003.64, Florida Statutes, are amended to read: 550
CS/CS/HB 443, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-03-e1
Page 23 of 27
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
1003.64 Community School Grant Program. —It is the intent 551
of the Legislature to improve student success and well -being by 552
engaging and supporting parents and community organizations in 553
their efforts to positively impact student learning and 554
development. 555
(3) GRANT PROGRAM.—Contingent upon available funds, the 556
center may facilitate the implementation of its community school 557
model in the state through grants that enable community 558
organizations to establish long -term partnerships and secure 559
resources for planning, staffing, and providing services to 560
students and families through the community school model. The 561
center shall: 562
(b) Prioritize awards based on demonstration of the 563
technical and financial ability to sustain the community school 564
model beyond an initial grant award. For planning grant awards, 565
priority must be given to school districts in which the 566
community school model has not been established and which 567
demonstrate the technical and financial ability to sustain the 568
community school model or to school districts expanding a 569
program based on the feeder pattern of an existing community 570
school in the district . 571
(4) REPORTING.—Beginning with September 1, 2020, and 572
annually thereafter, the center shall publish on its website 573
information on each community organization receiving a grant 574
from the center to implement the community school model. The 575
CS/CS/HB 443, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-03-e1
Page 24 of 27
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 and participating school districts must annually 576
provide data necessary for the center to conduct a thorough 577
evaluation of the model. The information must include: 578
(a) The amount of grant funds provided through the center 579
for each participating school and the amount of matching funds 580
provided by the community organization for each year th e 581
community organization has received a grant for that school. 582
(b) The long-term partners who have entered into a 583
memorandum of understanding for implementing the community 584
school model pursuant to paragraph (2)(c). 585
(c) A description of the services an d community engagement 586
activities provided through the community school model. 587
(d) The number of students, families, and community 588
members served through the community school model. 589
(e) The academic progress of students enrolled at the 590
public school and students participating in services at the 591
public school, including student progression data, attendance, 592
behavior, and student achievement and learning gains on 593
statewide, standardized assessments as determined pursuant to s. 594
1008.34. 595
(f) Academic progress data of schools identified by the 596
center as comparison sites for evaluation purposes. 597
Section 8. Subsection (4) of section 1012.57, Florida 598
Statutes, is amended to read: 599
1012.57 Certification of adjunct educators. — 600
CS/CS/HB 443, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-03-e1
Page 25 of 27
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) Each adjunct teaching ce rtificate is valid through the 601
term of the annual contract between the educator and the school 602
district. An additional annual certification and an additional 603
annual contract may be awarded by the district at the district's 604
discretion but only if the applic ant is rated effective or 605
highly effective under s. 1012.34 during each year of teaching 606
under adjunct teaching certification. A school district may 607
issue an adjunct teaching certificate for a part -time or full-608
time teaching position; however, an adjunct t eaching certificate 609
issued for a full-time teaching position is valid for no more 610
than 5 3 years and is nonrenewable. 611
Section 9. Subsections (1) and (3) of section 1012.71, 612
Florida Statutes, are amended to read: 613
1012.71 The Florida Teachers Classroom Supply Assistance 614
Program.— 615
(1) For purposes of the Florida Teachers Classroom Supply 616
Assistance Program, the term "classroom teacher" means a 617
certified teacher employed by a public school district or a 618
public charter school in that district on or befor e September 1 619
of each year whose full -time or job-share responsibility is the 620
classroom instruction of students in prekindergarten through 621
grade 12, including full -time media specialists and certified 622
school counselors serving students in prekindergarten t hrough 623
grade 12, who are funded through the Florida Education Finance 624
Program. A "job-share" classroom teacher is one of two teachers 625
CS/CS/HB 443, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-03-e1
Page 26 of 27
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
whose combined full-time equivalent employment for the same 626
teaching assignment equals one full -time classroom teacher. The 627
term "classroom teacher" may also include an administrator or a 628
substitute teacher who holds a valid teaching certificate who is 629
filling a vacancy in an identified teaching position on or 630
before September 1 of each year. 631
(3) From the funds allocated to each school district and 632
any funds received from local contributions for the Florida 633
Teachers Classroom Supply Assistance Program, the district 634
school board shall calculate an identical amount for each 635
classroom teacher who is estimated to be employed by the school 636
district or a charter school in the district on September 1 of 637
each year, which is that teacher's proportionate share of the 638
total amount allocated to the district from state funds and 639
funds received from local contributions. A job -share classroom 640
teacher may receive a prorated share of the amount provided to a 641
full-time classroom teacher. The school district shall calculate 642
a prorated share of the funds for a classroom teacher who 643
teaches less than full time. For a classroom teacher determined 644
eligible on July 1, the district school board and each charter 645
school board may provide the teacher with his or her total 646
proportionate share by August 1 based on the estimate of the 647
number of teachers who will be employed on September 1. For a 648
classroom teacher determined eligible after July 1, the district 649
school board and each charter school board shall provide the 650
CS/CS/HB 443, Engrossed 1 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0443-03-e1
Page 27 of 27
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
teacher with his or her total proportionate share by September 651
30. The proportionate share may be provided by any means 652
determined appropriate by the district school board or charter 653
school board, including, but not limited to, direct deposit, 654
check, debit card, or purchasing card. If a debit card is used, 655
an identifier must be placed on the front of the debit card 656
which clearly indicates that t he card has been issued for the 657
Florida Teachers Classroom Supply Assistance Program. 658
Expenditures under the program are not subject to state or local 659
competitive bidding requirements. Funds received by a classroom 660
teacher do not affect wages, hours, or te rms and conditions of 661
employment and, therefore, are not subject to collective 662
bargaining. Any classroom teacher may decline receipt of or 663
return the funds without explanation or cause. 664
Section 10. This act shall take effect July 1, 2023. 665