Florida 2023 2023 Regular Session

Florida House Bill H1597 Introduced / Bill

Filed 03/06/2023

                       
 
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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     
 
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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     
 
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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     
 
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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     
 
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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     
 
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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     
 
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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     
 
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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     
 
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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     
 
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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     
 
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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     
 
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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     
 
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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     
 
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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     
 
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 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     
 
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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     
 
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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     
 
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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     
 
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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     
 
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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     
 
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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     
 
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 Section 5.  This act shall take effect July 1, 2023. 526