Florida 2023 2023 Regular Session

Florida House Bill H0443 Enrolled / Bill

Filed 05/01/2023

                            
ENROLLED 
CS/CS/HB 443, Engrossed 1 	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0443-04-er 
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 
 
 
 
      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; auth orizing 19 
certain charter schools to use specified assets for 20 
certain other charter schools through an unforgivable 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          
ENROLLED 
CS/CS/HB 443, Engrossed 1 	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0443-04-er 
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 repo rt to be submitted 29 
to the Department of Education by a specified date; 30 
requiring the State Board of Education 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; amending 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 Departmen t of Education and 44 
participating school districts to provide specified 45 
information to the Center for Community 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          
ENROLLED 
CS/CS/HB 443, Engrossed 1 	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0443-04-er 
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 Assist ance Program for 54 
certain classroom teachers; providing an effective 55 
date. 56 
 57 
Be It Enacted by the Legislature 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) i s 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 gove rn 72 
child care. 73 
 b.  Health, safety, and nutrition. 74 
 c.  Identifying and reporting child abuse and neglect. 75          
ENROLLED 
CS/CS/HB 443, Engrossed 1 	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0443-04-er 
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 deve lopmental 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 syndrom e, 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          
ENROLLED 
CS/CS/HB 443, Engrossed 1 	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0443-04-er 
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 cre dential 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 cou rse 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; recogni tion and care of infants and toddlers 116 
with developmental disabilities, including autism spectrum 117 
disorder and Down syndrome; and early childhood brain 118 
development within the topic areas identified in this paragraph. 119 
 4.  On an annual basis in order to furt her their child care 120 
skills and, if appropriate, administrative skills, child care 121 
personnel who have fulfilled the requirements 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          
ENROLLED 
CS/CS/HB 443, Engrossed 1 	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0443-04-er 
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 personnel, 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 in structors, piano teachers, dance 146 
instructors, and gymnastics instructors. 147 
 8.  The department shall evaluate or contract for an 148 
evaluation for the general purpose of determining the status of 149 
and means to improve staff training requirements and testing 150          
ENROLLED 
CS/CS/HB 443, Engrossed 1 	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0443-04-er 
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 requireme nts and coursework offered by the 170 
department to child care personnel. The report must include the 171 
results of a reliable and valid survey of child care personnel 172 
regarding such training and coursework. Such results must be 173 
used to make recommendations regar ding: 174 
 a.  The availability, quality, relevance, scope, cost 175          
ENROLLED 
CS/CS/HB 443, Engrossed 1 	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0443-04-er 
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 training. 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 redundant 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 ma y 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 the single 198 
point of entry, tracking children's progress, coordinating 199 
services among stakeholders, determining eligibility of 200          
ENROLLED 
CS/CS/HB 443, Engrossed 1 	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0443-04-er 
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 and 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 provider, a child care facility, large 217 
family child care home, or family day care home must meet the 218 
following additional c riteria: 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          
ENROLLED 
CS/CS/HB 443, Engrossed 1 	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0443-04-er 
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 designation 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 children 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 operates 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          
ENROLLED 
CS/CS/HB 443, Engrossed 1 	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0443-04-er 
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 chart er school, the 255 
charter school's governing board, or a voluntary prekindergarten 256 
provider that has a written agreement with the governing 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 dropping 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          
ENROLLED 
CS/CS/HB 443, Engrossed 1 	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0443-04-er 
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 require 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 the 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 practice in 285 
public schools and may not discriminate against otherwise 286 
qualified individuals. A school that limits enrollme nt for such 287 
purposes must place a student on a progress monitoring plan for 288 
at least one semester before dismissing such student from the 289 
school. 290 
 6.  Students articulating from one charter school to 291 
another pursuant to an articulation agreement between th e 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          
ENROLLED 
CS/CS/HB 443, Engrossed 1 	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0443-04-er 
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 schools. 303 
The students who are eligible for enrollment are subject to a 304 
random lottery, the racial/ethnic balance provisions, o r 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 th ey 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 weighted 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          
ENROLLED 
CS/CS/HB 443, Engrossed 1 	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0443-04-er 
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 Florida Education Finance Program 326 
by the Legislature, inc luding 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 Education Finance Program by the 330 
state and the actual weight ed 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 not -for-profit or 334 
municipal entity, any unrestricted curre nt 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 originating 342 
charter school's school district, but within t he 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 with 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          
ENROLLED 
CS/CS/HB 443, Engrossed 1 	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0443-04-er 
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 funded as if they are in a basic 351 
program or a special progra m 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 Appropriation s 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 school 363 
shall use for purposes of calculating the funding amou nt 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 payment and 372 
reimbursement to charter schools, including p rocessing paperwork 373 
required to access special state and federal funding for which 374 
they may be eligible , including the timely review and 375          
ENROLLED 
CS/CS/HB 443, Engrossed 1 	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0443-04-er 
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, beg inning 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 the 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 th e 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 of 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          
ENROLLED 
CS/CS/HB 443, Engrossed 1 	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0443-04-er 
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 t o 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 reimbursement 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 educat ion 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          
ENROLLED 
CS/CS/HB 443, Engrossed 1 	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0443-04-er 
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 schools 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 schoo l 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          
ENROLLED 
CS/CS/HB 443, Engrossed 1 	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0443-04-er 
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 schools 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          
ENROLLED 
CS/CS/HB 443, Engrossed 1 	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0443-04-er 
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 ch arter 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 agains t 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 su bsection 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 services are being rendered fro m 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 sch ool 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 authorized by statute. The State Board of Education 500          
ENROLLED 
CS/CS/HB 443, Engrossed 1 	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0443-04-er 
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 system, 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 tutoring 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 Colle ge 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 wi thout 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 saf ety. 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          
ENROLLED 
CS/CS/HB 443, Engrossed 1 	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0443-04-er 
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, d istrict 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 educati onal 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 programs, adult education progr ams, 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 attention to health, safety, and oth er 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 subsection 549 
(4) of section 1003.64, Florida Statutes, are amend ed to read: 550          
ENROLLED 
CS/CS/HB 443, Engrossed 1 	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0443-04-er 
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          
ENROLLED 
CS/CS/HB 443, Engrossed 1 	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0443-04-er 
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 the 581 
community organization has received a grant for that s chool. 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 and community engagement 586 
activities provided through the c ommunity 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          
ENROLLED 
CS/CS/HB 443, Engrossed 1 	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0443-04-er 
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 certificate is valid through the 601 
term of the annual contra ct 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 applicant 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 teaching 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 F lorida 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 before 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 through 623 
grade 12, who are funded through the Florida Educ ation Finance 624 
Program. A "job-share" classroom teacher is one of two teachers 625          
ENROLLED 
CS/CS/HB 443, Engrossed 1 	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0443-04-er 
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 administr ator 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 pr ovided 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 ch arter 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          
ENROLLED 
CS/CS/HB 443, Engrossed 1 	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0443-04-er 
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 the card has been issued for the 657 
Florida Teachers Classro om 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 terms 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