HB 1597 2023 CODING: Words stricken are deletions; words underlined are additions. hb1597-00 Page 1 of 22 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 the Florida Virtual School; 2 amending s. 121.091, F.S.; authorizing the board of 3 trustees of the Florida Virtual School to reemploy 4 retirees for specified positions within the school; 5 providing requirements for the rehiring of such 6 persons; authorizing certain personnel employed by the 7 board of trustees of the Florida Virtual School to 8 participate in DROP for a specified period; creating 9 s. 1008.213, F.S.; defining the term "a student 10 residing outside of the state"; authorizing a student 11 residing outside of the state to request certain 12 flexibility in the administration of specified 13 assessments through the Florida Virtual School; 14 providing a process for such request; requiring the 15 Commissioner of Education to approve or deny such 16 requests; providing requirements for the 17 administration of such assessments at the station duty 18 location for such students; providing Florida Virtual 19 School reporting requirements; requiring the State 20 Board of Education to adopt rules; amending s. 21 1008.22, F.S.; conforming provisions to changes made 22 by the act; amending s. 1011.61, F.S.; revising the 23 definition of "full-time equivalent student" to revise 24 the requirements for funding certain Florida Virtual 25 HB 1597 2023 CODING: Words stricken are deletions; words underlined are additions. hb1597-00 Page 2 of 22 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 students; providing an effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Paragraph (b) of subsection (9) and paragraph 30 (b) of subsection (13) of section 121.091, Florida Statutes, are 31 amended to read: 32 121.091 Benefits payable under the system. —Benefits may 33 not be paid under this section unless the member has terminated 34 employment as provided in s. 121.021(39)(a) or begun 35 participation in the Deferred Retirement Option Program as 36 provided in subsection (13), and a proper application has been 37 filed in the manner pres cribed by the department. The department 38 may cancel an application for retirement benefits when the 39 member or beneficiary fails to timely provide the information 40 and documents required by this chapter and the department's 41 rules. The department shall adopt rules establishing procedures 42 for application for retirement benefits and for the cancellation 43 of such application when the required information or documents 44 are not received. 45 (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION. — 46 (b) Any person whose retiremen t is effective before July 47 1, 2010, or whose participation in the Deferred Retirement 48 Option Program terminates before July 1, 2010, except under the 49 disability retirement provisions of subsection (4) or as 50 HB 1597 2023 CODING: Words stricken are deletions; words underlined are additions. hb1597-00 Page 3 of 22 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 provided in s. 121.053, may be reemployed by an e mployer that 51 participates in a state -administered retirement system and 52 receive retirement benefits and compensation from that employer, 53 except that the person may not be reemployed by an employer 54 participating in the Florida Retirement System before meeti ng 55 the definition of termination in s. 121.021 and may not receive 56 both a salary from the employer and retirement benefits for 12 57 calendar months immediately subsequent to the date of 58 retirement. However, a DROP participant shall continue 59 employment and receive a salary during the period of 60 participation in the Deferred Retirement Option Program, as 61 provided in subsection (13). 62 1. A retiree who violates such reemployment limitation 63 before completion of the 12 -month limitation period must give 64 timely notice of this fact in writing to the employer and to the 65 Division of Retirement or the state board and shall have his or 66 her retirement benefits suspended for the months employed or the 67 balance of the 12-month limitation period as required in sub -68 subparagraphs b. and c. A retiree employed in violation of this 69 paragraph and an employer who employs or appoints such person 70 are jointly and severally liable for reimbursement to the 71 retirement trust fund, including the Florida Retirement System 72 Trust Fund and the Flo rida Retirement System Investment Plan 73 Trust Fund, from which the benefits were paid. The employer must 74 have a written statement from the retiree that he or she is not 75 HB 1597 2023 CODING: Words stricken are deletions; words underlined are additions. hb1597-00 Page 4 of 22 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 retired from a state -administered retirement system. Retirement 76 benefits shall remain su spended until repayment has been made. 77 Benefits suspended beyond the reemployment limitation shall 78 apply toward repayment of benefits received in violation of the 79 reemployment limitation. 80 a. A district school board may reemploy a retiree as a 81 substitute or hourly teacher, education paraprofessional, 82 transportation assistant, bus driver, or food service worker on 83 a noncontractual basis after he or she has been retired for 1 84 calendar month. A district school board may reemploy a retiree 85 as instructional per sonnel, as defined in s. 1012.01(2)(a), on 86 an annual contractual basis after he or she has been retired for 87 1 calendar month. Any member who is reemployed within 1 calendar 88 month after retirement shall void his or her application for 89 retirement benefits. D istrict school boards reemploying such 90 teachers, education paraprofessionals, transportation 91 assistants, bus drivers, or food service workers are subject to 92 the retirement contribution required by subparagraph 2. 93 b. A Florida College System institution b oard of trustees 94 may reemploy a retiree as an adjunct instructor or as a 95 participant in a phased retirement program within the Florida 96 College System, after he or she has been retired for 1 calendar 97 month. A member who is reemployed within 1 calendar month after 98 retirement shall void his or her application for retirement 99 benefits. Boards of trustees reemploying such instructors are 100 HB 1597 2023 CODING: Words stricken are deletions; words underlined are additions. hb1597-00 Page 5 of 22 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 subject to the retirement contribution required in subparagraph 101 2. A retiree may be reemployed as an adjunct instructor for no 102 more than 780 hours during the first 12 months of retirement. A 103 retiree reemployed for more than 780 hours during the first 12 104 months of retirement must give timely notice in writing to the 105 employer and to the Division of Retirement or the state board of 106 the date he or she will exceed the limitation. The division 107 shall suspend his or her retirement benefits for the remainder 108 of the 12 months of retirement. Any retiree employed in 109 violation of this sub -subparagraph and any employer who employs 110 or appoints such person without notifying the division to 111 suspend retirement benefits are jointly and severally liable for 112 any benefits paid during the reemployment limitation period. The 113 employer must have a written statement from the retiree that he 114 or she is not retired from a state-administered retirement 115 system. Any retirement benefits received by the retiree while 116 reemployed in excess of 780 hours during the first 12 months of 117 retirement must be repaid to the Florida Retirement System Trust 118 Fund, and retirement ben efits shall remain suspended until 119 repayment is made. Benefits suspended beyond the end of the 120 retiree's first 12 months of retirement shall apply toward 121 repayment of benefits received in violation of the 780 -hour 122 reemployment limitation. 123 c. The State University System may reemploy a retiree as 124 an adjunct faculty member or as a participant in a phased 125 HB 1597 2023 CODING: Words stricken are deletions; words underlined are additions. hb1597-00 Page 6 of 22 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 retirement program within the State University System after the 126 retiree has been retired for 1 calendar month. A member who is 127 reemployed within 1 calendar month after retirement shall void 128 his or her application for retirement benefits. The State 129 University System is subject to the retired contribution 130 required in subparagraph 2., as appropriate. A retiree may be 131 reemployed as an adjunct faculty member or a participant in a 132 phased retirement program for no more than 780 hours during the 133 first 12 months of his or her retirement. A retiree reemployed 134 for more than 780 hours during the first 12 months of retirement 135 must give timely notice in writing to the emplo yer and to the 136 Division of Retirement or the state board of the date he or she 137 will exceed the limitation. The division shall suspend his or 138 her retirement benefits for the remainder of the 12 months. Any 139 retiree employed in violation of this sub -subparagraph and any 140 employer who employs or appoints such person without notifying 141 the division to suspend retirement benefits are jointly and 142 severally liable for any benefits paid during the reemployment 143 limitation period. The employer must have a written statem ent 144 from the retiree that he or she is not retired from a state -145 administered retirement system. Any retirement benefits received 146 by the retiree while reemployed in excess of 780 hours during 147 the first 12 months of retirement must be repaid to the Florida 148 Retirement System Trust Fund, and retirement benefits shall 149 remain suspended until repayment is made. Benefits suspended 150 HB 1597 2023 CODING: Words stricken are deletions; words underlined are additions. hb1597-00 Page 7 of 22 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 beyond the end of the retiree's first 12 months of retirement 151 shall apply toward repayment of benefits received in violation 152 of the 780-hour reemployment limitation. 153 d. The Board of Trustees of the Florida School for the 154 Deaf and the Blind may reemploy a retiree as a substitute 155 teacher, substitute residential instructor, or substitute nurse 156 on a noncontractual basis after he or she has b een retired for 1 157 calendar month. Any member who is reemployed within 1 calendar 158 month after retirement shall void his or her application for 159 retirement benefits. The Board of Trustees of the Florida School 160 for the Deaf and the Blind reemploying such teach ers, 161 residential instructors, or nurses is subject to the retirement 162 contribution required by subparagraph 2. 163 e. A developmental research school may reemploy a retiree 164 as a substitute or hourly teacher or an education 165 paraprofessional as defined in s. 10 12.01(2) on a noncontractual 166 basis after he or she has been retired for 1 calendar month. A 167 developmental research school may reemploy a retiree as 168 instructional personnel, as defined in s. 1012.01(2)(a), on an 169 annual contractual basis after he or she has been retired for 1 170 calendar month after retirement. Any member who is reemployed 171 within 1 calendar month voids his or her application for 172 retirement benefits. A developmental research school that 173 reemploys retired teachers and education paraprofessionals i s 174 subject to the retirement contribution required by subparagraph 175 HB 1597 2023 CODING: Words stricken are deletions; words underlined are additions. hb1597-00 Page 8 of 22 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 2. 176 f. A charter school may reemploy a retiree as a substitute 177 or hourly teacher on a noncontractual basis after he or she has 178 been retired for 1 calendar month. A charter school may reempl oy 179 a retired member as instructional personnel, as defined in s. 180 1012.01(2)(a), on an annual contractual basis after he or she 181 has been retired for 1 calendar month after retirement. Any 182 member who is reemployed within 1 calendar month voids his or 183 her application for retirement benefits. A charter school that 184 reemploys such teachers is subject to the retirement 185 contribution required by subparagraph 2. 186 g. The board of trustees of the Florida Virtual School may 187 reemploy a retiree as a substitute or hourly teacher, education 188 paraprofessional, administrative personnel, or support personnel 189 on a noncontractual basis after he or she has been retired for 1 190 calendar month. The board of trustees of the Florida Virtual 191 School may reemploy a retiree as a substitute or hourly teacher, 192 education paraprofessional, administrative personnel, or support 193 personnel on an annual contractual basis after he or she has 194 been retired for 1 calendar month after retirement. The 195 reemployed person may receive retirement benefits and 196 compensation from the board of trustees of the Florida Virtual 197 School. Any member who is reemployed within 1 calendar month 198 after retirement voids his or her application for retirement 199 benefits. The board of trustees of the Florida Virtual School 200 HB 1597 2023 CODING: Words stricken are deletions; words underlined are additions. hb1597-00 Page 9 of 22 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 reemploying such teachers, education paraprofessionals, 201 administrative personnel, and support personnel is subject to 202 the retirement contribution required by subparagraph 2. 203 2. The employment of a retiree or DROP participant of a 204 state-administered retirement system does not affect the average 205 final compensation or years of creditable service of the retiree 206 or DROP participant. Before July 1, 1991, upon employment of any 207 person, other than an elected officer as provided in s. 121.053, 208 who is retired under a sta te-administered retirement program, 209 the employer shall pay retirement contributions in an amount 210 equal to the unfunded actuarial liability portion of the 211 employer contribution which would be required for regular 212 members of the Florida Retirement System. Ef fective July 1, 213 1991, contributions shall be made as provided in s. 121.122 for 214 retirees who have renewed membership or, as provided in 215 subsection (13), for DROP participants. 216 3. Any person who is holding an elective public office 217 which is covered by the Florida Retirement System and who is 218 concurrently employed in nonelected covered employment may elect 219 to retire while continuing employment in the elective public 220 office if he or she terminates his or her nonelected covered 221 employment. Such person shall r eceive his or her retirement 222 benefits in addition to the compensation of the elective office 223 without regard to the time limitations otherwise provided in 224 this subsection. A person who seeks to exercise the provisions 225 HB 1597 2023 CODING: Words stricken are deletions; words underlined are additions. hb1597-00 Page 10 of 22 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 this subparagraph as they existed be fore May 3, 1984, may not 226 be deemed to be retired under those provisions, unless such 227 person is eligible to retire under this subparagraph, as amended 228 by chapter 84-11, Laws of Florida. 229 (13) DEFERRED RETIREMENT OPTION PROGRAM. —In general, and 230 subject to this section, the Deferred Retirement Option Program, 231 hereinafter referred to as DROP, is a program under which an 232 eligible member of the Florida Retirement System may elect to 233 participate, deferring receipt of retirement benefits while 234 continuing employment with his or her Florida Retirement System 235 employer. The deferred monthly benefits shall accrue in the 236 Florida Retirement System on behalf of the member, plus interest 237 compounded monthly, for the specified period of the DROP 238 participation, as provided in paragraph (c). Upon termination of 239 employment, the member shall receive the total DROP benefits and 240 begin to receive the previously determined normal retirement 241 benefits. Participation in the DROP does not guarantee 242 employment for the specified period of DROP. Participation in 243 DROP by an eligible member beyond the initial 60 -month period as 244 authorized in this subsection shall be on an annual contractual 245 basis for all participants. 246 (b) Participation in DROP. —Except as provided in this 247 paragraph, an eligib le member may elect to participate in DROP 248 for a period not to exceed a maximum of 60 calendar months. 249 1.a. Members who are instructional personnel employed by 250 HB 1597 2023 CODING: Words stricken are deletions; words underlined are additions. hb1597-00 Page 11 of 22 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 Florida School for the Deaf and the Blind and authorized by 251 the Board of Trustees of the F lorida School for the Deaf and the 252 Blind, who are instructional personnel as defined in s. 253 1012.01(2)(a)-(d) in grades K-12 and authorized by the district 254 school superintendent, who are instructional, administrative, or 255 support personnel employed and autho rized by the board of 256 trustees of the Florida Virtual School, or who are instructional 257 personnel as defined in s. 1012.01(2)(a) employed by a 258 developmental research school and authorized by the school's 259 director, or if the school has no director, by the sc hool's 260 principal, may participate in DROP for up to 36 calendar months 261 beyond the 60-month period. Effective July 1, 2018, 262 instructional personnel who are authorized to extend DROP 263 participation beyond the 60 -month period must have a termination 264 date that is the last day of the last calendar month of the 265 school year within the DROP extension granted by the employer. 266 If, on July 1, 2018, the member's DROP participation has already 267 been extended for the maximum 36 calendar months and the 268 extension period conc ludes before the end of the school year, 269 the member's DROP participation may be extended through the last 270 day of the last calendar month of that school year. The employer 271 shall notify the division of the change in termination date and 272 the additional period of DROP participation for the affected 273 instructional personnel. 274 b. Administrative personnel in grades K -12, as defined in 275 HB 1597 2023 CODING: Words stricken are deletions; words underlined are additions. hb1597-00 Page 12 of 22 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 s. 1012.01(3), who have a DROP termination date on or after July 276 1, 2018, may be authorized to extend DROP participation beyond 277 the initial 60 calendar month period if the administrative 278 personnel's termination date is before the end of the school 279 year. Such administrative personnel may have DROP participation 280 extended until the last day of the last calendar month of the 281 school year in which their original DROP termination date 282 occurred if a date other than the last day of the last calendar 283 month of the school year is designated. The employer shall 284 notify the division of the change in termination date and the 285 additional period of DROP participation for the affected 286 administrative personnel. 287 c. Effective July 1, 2022, a member of the Special Risk 288 Class who is a law enforcement officer who meets the criteria in 289 s. 121.0515(3)(a) and who is a DROP participant on or after July 290 1, 2022, may participate in DROP for up to 36 calendar months 291 beyond the 60-month period if he or she enters DROP on or before 292 June 30, 2028. 293 2. Upon deciding to participate in DROP, the member shall 294 submit, on forms required by the division: 295 a. A written electio n to participate in DROP; 296 b. Selection of DROP participation and termination dates 297 that satisfy the limitations stated in paragraph (a) and 298 subparagraph 1. The termination date must be in a binding letter 299 of resignation to the employer establishing a def erred 300 HB 1597 2023 CODING: Words stricken are deletions; words underlined are additions. hb1597-00 Page 13 of 22 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 date. The member may change the termination date 301 within the limitations of subparagraph 1., but only with the 302 written approval of the employer; 303 c. A properly completed DROP application for service 304 retirement as provided in this section; and 305 d. Any other information required by the division. 306 3. The DROP participant is a retiree under the Florida 307 Retirement System for all purposes, except for paragraph (5)(f) 308 and subsection (9) and ss. 112.3173, 112.363, 121.053, and 309 121.122. DROP participation is final and may not be canceled by 310 the participant after the first payment is credited during the 311 DROP participation period. However, participation in DROP does 312 not alter the participant's employment status, and the member is 313 not deemed retired from employment until his or her deferred 314 resignation is effective and termination occurs as defined in s. 315 121.021. 316 4. Elected officers are eligible to participate in DROP 317 subject to the following: 318 a. An elected officer who reaches normal retirement da te 319 during a term of office may defer the election to participate 320 until the next succeeding term in that office. An elected 321 officer who exercises this option may participate in DROP for up 322 to 60 calendar months or no longer than the succeeding term of 323 office, whichever is less. 324 b. An elected or a nonelected participant may run for a 325 HB 1597 2023 CODING: Words stricken are deletions; words underlined are additions. hb1597-00 Page 14 of 22 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S term of office while participating in DROP and, if elected, 326 extend the DROP termination date accordingly; however, if such 327 additional term of office exceeds the 60 -month limitation 328 established in subparagraph 1., and the officer does not resign 329 from office within such 60 -month limitation, the retirement and 330 the participant's DROP is null and void as provided in sub -331 subparagraph (c)5.d. 332 c. An elected officer who is dually emplo yed and elects to 333 participate in DROP must terminate all employment relationships 334 as provided in s. 121.021(39) for the nonelected position within 335 the original 60-month period or maximum participation period as 336 provided in subparagraph 1. For DROP particip ation ending: 337 (I) Before July 1, 2010, the officer may continue 338 employment as an elected officer as provided in s. 121.053. The 339 elected officer shall be enrolled as a renewed member in the 340 Elected Officers' Class or the Regular Class, as provided in ss. 341 121.053 and 121.122, on the first day of the month after 342 termination of employment in the nonelected position and 343 termination of DROP. Distribution of the DROP benefits shall be 344 made as provided in paragraph (c). 345 (II) On or after July 1, 2010, the office r may continue 346 employment as an elected officer but must defer termination as 347 provided in s. 121.053. 348 Section 2. Section 1008.213, Florida Statutes, is created 349 to read: 350 HB 1597 2023 CODING: Words stricken are deletions; words underlined are additions. hb1597-00 Page 15 of 22 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 1008.213 Florida Virtual School students of military 351 families residing outside of Florida; flexible assessment 352 administration.— 353 (1) For purposes of this section, the term "a student 354 residing outside of the state" means a student who is enrolled 355 full-time in the Florida Virtual School and who resides outside 356 of the state with his or h er parent who is an active duty 357 service member in the United States military stationed at a 358 station duty location outside of the state. 359 (2) A student residing outside of the state who is unable 360 to complete a required statewide standardized assessment, en d-361 of-course assessment, or the Florida Alternate Assessment under 362 s. 1008.22 in a secure and proctored setting that is located in 363 the state and provided by the Florida Virtual School may apply 364 to the Florida Virtual School to allow a certified educator in 365 the state in which the student resides or an Education Service 366 Officer for the United States Armed Forces administer the 367 assessment at the station duty location to which the student's 368 parent is assigned. 369 (3)(a) To apply for flexibility with the administr ation of 370 an assessment, a student's parent shall submit to Florida 371 Virtual School, in a format prescribed by the school, a written 372 request for flexibility with the administration of the 373 assessment. The request must be submitted at least 60 days 374 before the administration of the assessment and must include 375 HB 1597 2023 CODING: Words stricken are deletions; words underlined are additions. hb1597-00 Page 16 of 22 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 written, official documentation of the parent's orders 376 stationing him or her outside of the state. 377 (b) Upon receipt of such request, the Florida Virtual 378 School shall review such request and provide the r equest and a 379 recommendation for approval or denial to the Commissioner of 380 Education. Within 30 days after receiving the request and 381 recommendation, the commissioner shall verify the information 382 documented, make a determination, and notify the Florida Virtu al 383 School of his or her determination. The Florida Virtual School 384 shall notify the student's parent of the commissioner's 385 determination. 386 (c) If the commissioner grants the request, the student's 387 assessment shall be proctored by a certified educator or 388 Education Service Officer in accordance with ss. 1008.22, 389 1008.23, and 1008.24. 390 (4) Beginning June 30, 2024, and each June 30 thereafter, 391 the Florida Virtual School shall submit to the President of the 392 Senate and the Speaker of the House of Representatives the 393 number of requests for flexibility in the administration of 394 assessments made under this section and the number of requests 395 for such flexibility that were granted. 396 (5) The State Board of Education shall adopt rules to 397 administer this section. 398 Section 3. Subsections (11) through (14) of section 399 1008.22, Florida Statutes, are renumbered as subsections (12) 400 HB 1597 2023 CODING: Words stricken are deletions; words underlined are additions. hb1597-00 Page 17 of 22 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 through (15), respectively, and a new subsection (11) is added 401 to that section, to read: 402 1008.22 Student assessment program for public schools.— 403 (11) FLORIDA VIRTUAL SCHO OL STUDENTS WHO RESI DE OUTSIDE OF 404 THE STATE.—Pursuant to s. 1008.213, a student who is enrolled 405 full-time in the Florida Virtual School and who resides outside 406 of the state with his or her parent who is an active duty 407 service member in the United States military stationed at a 408 station duty location outside of the state who is unable to 409 complete an assessment required under this section in a secure 410 and proctored setting that is located in the state and provided 411 by the Florida Virtual School may apply to the Florida Virtual 412 School to allow a certified educator in the state in which the 413 student resides or an Education Service Officer for the United 414 States Armed Forces administer the assessment at the station 415 duty location to which the student's parent is assigned. 416 Pursuant to s. 1008.213, the parents of such student must submit 417 a written request for such flexibility to the Florida Virtual 418 School and the Commissioner of Education must approve the 419 request. An assessment adminis tered pursuant to s. 1008.213 must 420 be administered in accordance with this section and ss. 1008.23 421 and 1008.24. 422 Section 4. Paragraph (c) of subsection (1) of section 423 1011.61, Florida Statutes, is amended to read: 424 1011.61 Definitions. —Notwithstanding the provisions of s. 425 HB 1597 2023 CODING: Words stricken are deletions; words underlined are additions. hb1597-00 Page 18 of 22 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 1000.21, the following terms are defined as follows for the 426 purposes of the Florida Education Finance Program: 427 (1) A "full-time equivalent student" in each program of 428 the district is defined in terms of full -time students and part -429 time students as follows: 430 (c)1. A "full-time equivalent student" is: 431 a. A full-time student in any one of the programs listed 432 in s. 1011.62(1)(c); or 433 b. A combination of full -time or part-time students in any 434 one of the programs listed in s. 1011.62(1) (c) which is the 435 equivalent of one full -time student based on the following 436 calculations: 437 (I) A full-time student in a combination of programs 438 listed in s. 1011.62(1)(c) shall be a fraction of a full -time 439 equivalent membership in each special program equ al to the 440 number of net hours per school year for which he or she is a 441 member, divided by the appropriate number of hours set forth in 442 subparagraph (a)1. The difference between that fraction or sum 443 of fractions and the maximum value as set forth in subsect ion 444 (4) for each full-time student is presumed to be the balance of 445 the student's time not spent in a special program and shall be 446 recorded as time in the appropriate basic program. 447 (II) A prekindergarten student with a disability shall 448 meet the requirements specified for kindergarten students. 449 (III) A full-time equivalent student for students in 450 HB 1597 2023 CODING: Words stricken are deletions; words underlined are additions. hb1597-00 Page 19 of 22 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 kindergarten through grade 12 in a full -time virtual instruction 451 program under s. 1002.45 or a virtual charter school under s. 452 1002.33 shall consist of six ful l-credit completions or the 453 prescribed level of content that counts toward promotion to the 454 next grade in programs listed in s. 1011.62(1)(c). Credit 455 completions may be a combination of full -credit courses or half -456 credit courses. 457 (IV) A full-time equivalent student for students in 458 kindergarten through grade 12 in a part -time virtual instruction 459 program under s. 1002.45 shall consist of six full -credit 460 completions in programs listed in s. 1011.62(1)(c)1. and 3. 461 Credit completions may be a combination of fu ll-credit courses 462 or half-credit courses. 463 (V) A Florida Virtual School full -time equivalent student 464 shall consist of six full -credit completions or the prescribed 465 level of content that counts toward promotion to the next grade 466 in the programs listed in s . 1011.62(1)(c)1. and 3. for students 467 participating in kindergarten through grade 12 part -time virtual 468 instruction and the programs listed in s. 1011.62(1)(c) for 469 students participating in kindergarten through grade 12 full -470 time virtual instruction. However, the limitation of the number 471 of credits the Florida Virtual School may receive funding for 472 per student does not apply to students who are seeking 473 accelerated access under s. 1002.37(1)(b). Credit completions 474 may be a combination of full -credit courses or half-credit 475 HB 1597 2023 CODING: Words stricken are deletions; words underlined are additions. hb1597-00 Page 20 of 22 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 courses. Students who have successful credit completions will be 476 funded for each credit completion regardless of the number of 477 surveys the student is reported in for the Florida Virtual 478 School. 479 (VI) Each successfully completed full -credit course earned 480 through an online course delivered by a district other than the 481 one in which the student resides shall be calculated as 1/6 482 FTE. 483 (VII) A full-time equivalent student for courses requiring 484 passage of a statewide, standardized end -of-course assessment 485 under s. 1003.4282 to earn a standard high school diploma shall 486 be defined and reported based on the number of instructional 487 hours as provided in this subsection. 488 (VIII) For students enrolled in a school district as a 489 full-time student, the dis trict may report 1/6 FTE for each 490 student who passes a statewide, standardized end -of-course 491 assessment without being enrolled in the corresponding course. 492 2. A student in membership in a program scheduled for more 493 or less than 180 school days or the eq uivalent on an hourly 494 basis as specified by rules of the State Board of Education is a 495 fraction of a full-time equivalent membership equal to the 496 number of instructional hours in membership divided by the 497 appropriate number of hours set forth in subparagra ph (a)1.; 498 however, for the purposes of this subparagraph, membership in 499 programs scheduled for more than 180 days is limited to students 500 HB 1597 2023 CODING: Words stricken are deletions; words underlined are additions. hb1597-00 Page 21 of 22 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S enrolled in: 501 a. Juvenile justice education programs. 502 b. The Florida Virtual School. 503 c. Virtual instruction progra ms and virtual charter 504 schools for the purpose of course completion and credit recovery 505 pursuant to ss. 1002.45 and 1003.498. Course completion applies 506 only to a student who is reported during the second or third 507 membership surveys and who does not complet e a virtual education 508 course by the end of the regular school year. The course must be 509 completed no later than the deadline for amending the final 510 student enrollment survey for that year. Credit recovery applies 511 only to a student who has unsuccessfully com pleted a traditional 512 or virtual education course during the regular school year and 513 must retake the course in order to be eligible to graduate with 514 the student's class. 515 516 The full-time equivalent student enrollment calculated under 517 this subsection is subjec t to the requirements in subsection 518 (4). 519 520 The department shall determine and implement an equitable method 521 of equivalent funding for schools operating under emergency 522 conditions, which schools have been approved by the department 523 to operate for less than t he minimum term as provided in s. 524 1011.60(2). 525 HB 1597 2023 CODING: Words stricken are deletions; words underlined are additions. hb1597-00 Page 22 of 22 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 Section 5. This act shall take effect July 1, 2023. 526