HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 1 of 138
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to education; amending ss. 110.1228 2
and 402.22, F.S.; conforming cross -references; 3
amending s. 1001.215, F.S.; revising duties of the 4
Just Read, Florida! Office; amending s. 1001.26, F.S.; 5
requiring the Department of Education to provide fu nds 6
to certain public colleges and universities; amending 7
s. 1001.43, F.S.; authorizing district school boards 8
to adopt policies for an enrollment fee for specified 9
summer courses; providing fee requirements; amending 10
s. 1002.32, F.S.; revising funding req uirements for 11
developmental research schools; conforming provisions 12
to changes made by the act; amending s. 1002.33, F.S.; 13
providing minimum base salary requirements for certain 14
charter school personnel; amending s. 1002.37, F.S.; 15
revising funding requirem ents for the Florida Virtual 16
School; conforming provisions to changes made by the 17
act; amending s. 1002.394, F.S.; revising funding 18
requirements for the Family Empowerment Scholarship 19
Program; conforming provisions to changes made by the 20
act; revising department duties; prohibiting students 21
from being submitted for funding under such program 22
after a specified date; amending ss. 1002.45, 1002.59, 23
1002.71, 1002.84, 1002.89, and 1003.03, F.S.; 24
conforming provisions and cross -references to changes 25
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 2 of 138
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
made by the act; creating s. 1003.4201, F.S.; 26
requiring school districts to implement a system of 27
comprehensive reading instruction for specified 28
students that includes a specified plan; providing 29
plan requirements; providing school district and 30
department requirements ; defining the term "evidence -31
based"; amending ss. 1003.4203, 1003.485, 1003.4935, 32
1003.621, and 1004.935, F.S.; conforming provisions 33
and cross-references to changes made by the act; 34
creating s. 1006.041, F.S.; requiring school districts 35
to implement a school-based mental health assistance 36
program for specified students that includes a 37
specified plan; providing plan and school district 38
requirements; amending s. 1006.07, F.S.; conforming 39
provisions to changes made by the act; amending s. 40
1006.12, F.S.; revising provisions relating to the 41
provision of safe school officers; conforming 42
provisions to changes made by the act; amending s. 43
1006.1493, F.S.; requiring school districts to 44
annually report specified information relating to the 45
Florida Safe Schools Asses sment Tool to the Office of 46
Safe Schools; amending s. 1006.28, F.S.; conforming 47
cross-references; requiring district school 48
superintendents to annually certify specified 49
information to the Commissioner of Education; 50
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 3 of 138
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
exempting certain instructional material s from 51
specified procedures; amending s. 1006.40, F.S.; 52
revising requirements for the instructional materials 53
allocation and the purchase of instructional 54
materials; conforming provisions to changes made by 55
the act; amending s. 1007.271, F.S.; requiring sc hool 56
districts to pay for the cost of specified 57
instructional materials; conforming cross -references; 58
amending ss. 1008.25 and 1008.345, F.S.; conforming 59
provisions and cross -references to changes made by the 60
act; amending s. 1008.365, F.S.; revising requi rements 61
for the Reading Achievement Initiative for Scholastic 62
Excellence Program; conforming cross -references; 63
amending s. 1008.44, F.S.; conforming cross -64
references; amending s. 1010.20, F.S.; conforming 65
cross-references; amending s. 1011.60, F.S.; provi ding 66
minimum base salary requirements for certain teachers; 67
amending s. 1011.61, F.S.; conforming cross -68
references; amending s. 1011.62, F.S.; revising 69
provisions relating to the Florida Education Finance 70
Program; revising the calculation of the annual 71
allocation to each school district and the funding 72
model for exceptional student education programs; 73
renaming the "district cost differential" as the 74
"comparable wage factor"; revising the calculation of 75
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 4 of 138
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
such factor; creating the state -funded discretionary 76
contribution; providing contribution requirements; 77
creating the supplemental academic and support 78
services allocation and the exceptional student 79
education guaranteed allocation; providing allocation 80
requirements; deleting the categorical funds, 81
determination of sparsity supplement, evidence -based 82
reading instruction allocation, safe schools 83
allocation, mental health assistance allocation, 84
teacher salary increase allocation, requirements for 85
computation of prior year district required local 86
effort, and turnaround school supplemental services 87
allocation; revising the calculation of the 88
supplemental allocation for juvenile justice education 89
programs; creating the categorical funds; creating the 90
state-funded discretionary supplement; providing 91
supplement requirements; conforming provisions and 92
cross-references to changes made by the act; amending 93
s. 1011.622, F.S.; conforming a cross -reference; 94
repealing s. 1011.67, F.S., relating to funds for 95
instructional materials; amending ss. 1011.68, 96
1011.69, 1011.71, 1011.8 4, 1012.22, 1012.44, 1012.584, 97
and 1012.586, F.S.; conforming provisions and cross -98
references to changes made by the act; amending s. 99
1012.71, F.S.; revising provisions for the calculation 100
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 5 of 138
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 Florida Teachers Classroom Supply Assistance 101
Program funds; deleting provisions relating to the 102
distribution of program funds; requiring the 103
department to administer a competitive procurement 104
through which eligible classroom teachers may purchase 105
classroom materials and supplies; requiring school 106
districts to provide c ertain information to the 107
department annually by a specified date; deleting a 108
requirement that classroom teachers sign a specified 109
statement; revising requirements for unused funds; 110
creating s. 1012.715, F.S.; requiring the department 111
to provide a one-time sign-on bonus to honorably 112
discharged and retired military veterans and retired 113
first responders who join the teaching profession; 114
providing eligibility criteria; providing for an 115
additional bonus under certain circumstances; 116
providing department and scho ol district 117
responsibilities; authorizing the State Board of 118
Education to adopt rules; providing an effective date. 119
120
Be It Enacted by the Legislature of the State of Florida: 121
122
Section 1. Paragraph (a) of subsection (1) of section 123
110.1228, Florida Statutes, is amended to read: 124
110.1228 Participation by small counties, small 125
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 6 of 138
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
municipalities, and district school boards located in small 126
counties.— 127
(1) As used in this section, the term: 128
(a) "District school board" means a district school board 129
located in a small county or a district school board that 130
receives funding pursuant to s. 1011.62(1)(e) s. 1011.62(7). 131
Section 2. Subsection (6) of section 402.22, Florida 132
Statutes, is amended to read: 133
402.22 Education program for students who reside in 134
residential care facilities operated by the Department of 135
Children and Families or the Agency for Persons with 136
Disabilities.— 137
(6) Notwithstanding the provisions of s. 1001.42(4)(m), 138
the educational program at the Marianna Sunland Center in 139
Jackson County shall be operated by the Department of Education, 140
either directly or through grants or contractual agreements with 141
other public educational agencies. The annual state allocation 142
to any such agency shall be computed pursuant to s. 1011.62(1), 143
(2), and (12) (6) and allocated in the amount that would have 144
been provided the local school district in which the residential 145
facility is located. 146
Section 3. Subsections (8) through (12) of section 147
1001.215, Florida Statutes, are renumbered as subsections (7) 148
through (11), respectively, and subsections (1), (3), (4), and 149
(6) and present subsection (7) of that section are amended to 150
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 7 of 138
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
read: 151
1001.215 Just Read, Florida! Office. —There is created in 152
the Department of Education the Just Read, Florida! Office. The 153
office is fully accountable to the Commissioner of Education and 154
shall: 155
(1) Provide training to reading coaches and school 156
administrators on the evidence -based strategies identified 157
pursuant to subsection (7) (8) for purposes of implementation, 158
modeling, and classroom observations to support professional 159
growth and inform performance evaluations of instructional 160
personnel. 161
(3) Work with the Lastinger Center for Learning at the 162
University of Florida to develop training for K -12 teachers, 163
reading coaches, and sc hool administrators on effective content -164
area-specific reading strategies; the coordinated integration of 165
content-rich curriculum from other core subject areas into 166
reading instruction, with an emphasis on civic literacy; and 167
evidence-based reading strateg ies identified pursuant to 168
subsection (7) (8) to improve student reading performance. For 169
secondary teachers, emphasis shall be on technical text. These 170
strategies must be developed for all content areas in the K -12 171
curriculum. 172
(4) Develop and provide ac cess to sequenced, content -rich 173
curriculum programming, instructional practices, and resources 174
that help elementary schools use state -adopted instructional 175
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 8 of 138
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
materials to increase students' background knowledge and 176
literacy skills, including student attainme nt of the Next 177
Generation Sunshine State Standards for social studies, science, 178
and the arts. The office shall, as part of the adoption cycle 179
for English Language Arts instructional materials, assist in 180
evaluating elementary grades instructional materials submitted 181
for adoption consideration in order to identify those materials 182
that are closely aligned to the content and evidence -based 183
strategies identified pursuant to subsection (7) (8) and 184
incorporate professional development to implement such 185
strategies. 186
(6) Provide technical assistance to school districts in 187
the development and implementation of district plans required 188
under s. 1003.4201 for use of the evidence -based reading 189
instruction allocation provided in s. 1011.62(8) and annually 190
review and approve such plans. 191
(7) Review, evaluate, and provide technical assistance to 192
school districts' implementation of the comprehensive reading 193
plan required in s. 1011.62(8). 194
Section 4. Subsection (1) of section 1001.26, Florida 195
Statutes, is amended to read: 196
1001.26 Public broadcasting program system. — 197
(1) There is created a public broadcasting program system 198
for the state. The department shall provide funds, as 199
specifically appropriated in the General Appropriations Act, to 200
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 9 of 138
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 television and radio stations qualified by the 201
Corporation for Public Broadcasting or public colleges and 202
universities that are part of the public broadcasting program 203
system. The program system must include: 204
(a) Support for existing Corporat ion for Public 205
Broadcasting qualified program system educational television 206
stations. 207
(b) Maintenance of quality broadcast capability for 208
educational stations that are part of the program system. 209
(c) Interconnection of all educational stations that are 210
part of the program system for simultaneous broadcast and of 211
such stations with all universities and other institutions as 212
necessary for sharing of resources and delivery of programming. 213
(d) Establishment and maintenance of a capability for 214
statewide program distribution with facilities and staff, 215
provided such facilities and staff complement and strengthen 216
existing educational television stations. 217
(e) Provision of both statewide programming funds and 218
station programming support for educational televis ion to meet 219
statewide priorities. Priorities for station programming need 220
not be the same as priorities for programming to be used 221
statewide. Station programming may include, but shall not be 222
limited to, citizens' participation programs, music and fine 223
arts programs, coverage of public hearings and governmental 224
meetings, equal air time for political candidates, and other 225
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 10 of 138
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 interest programming. 226
Section 5. Paragraph (h) is added to subsection (2) of 227
section 1001.43, Florida Statutes, to read: 228
1001.43 Supplemental powers and duties of district school 229
board.—The district school board may exercise the following 230
supplemental powers and duties as authorized by this code or 231
State Board of Education rule. 232
(2) FISCAL MANAGEMENT. —The district school board may adopt 233
policies providing for fiscal management of the school district 234
with respect to school purchasing, facilities, nonstate revenue 235
sources, budgeting, fundraising, and other activities relating 236
to the fiscal management of district resources, includ ing, but 237
not limited to, the policies governing: 238
(h) Assessment of a kindergarten through grade 12 student 239
fee for voluntary, noncredit summer school enrollment in basic 240
program courses. The amount of any student fee shall be based on 241
the ability of the student to pay such fee as determined by 242
district school board policy. 243
Section 6. Paragraphs (e) through (h) of subsection (9) of 244
section 1002.32, Florida Statutes, are redesignated as 245
paragraphs (d) through (g), respectively, and present paragraphs 246
(a) and (d) of that subsection are amended to read: 247
1002.32 Developmental research (laboratory) schools. — 248
(9) FUNDING.—Funding for a lab school, including a charter 249
lab school, shall be provided as follows: 250
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 11 of 138
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) Each lab school shall receive state funds for 251
operating purposes as provided in be allocated its proportional 252
share of operating funds from the Florida Education Finance 253
Program as defined provided in s. 1011.61(5) s. 1011.62 based on 254
the county in which the lab school is located and as specified 255
in the General Appropriations Act. 256
1. The nonvoted required local effort millage established 257
pursuant to s. 1011.71(1) ad valorem millage that would 258
otherwise be required for lab schools shall be allocated from 259
state funds. 260
2. An equivalent amount of funds for the operating 261
discretionary millage authorized pursuant to s. 1011.71(1) shall 262
be allocated to each lab school through a state -funded 263
discretionary contribution established pursuant to s. 1011.62(6) 264
The required local effort funds calculated p ursuant to s. 265
1011.62 shall be allocated from state funds to the schools as a 266
part of the allocation of operating funds pursuant to s. 267
1011.62. Each eligible lab school in operation as of September 268
1, 2013, with a permanent high school center shall also re ceive 269
a proportional share of the sparsity supplement as calculated 270
pursuant to s. 1011.62. In addition, each lab school shall 271
receive its proportional share of all categorical funds, with 272
the exception of s. 1011.68, and new categorical funds enacted 273
after July 1, 1994, for the purpose of elementary or secondary 274
academic program enhancement. The sum of funds available as 275
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 12 of 138
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 this paragraph shall be included annually in the 276
Florida Education Finance Program and appropriate categorical 277
programs funded in the General Appropriations Act. 278
(d) Each lab school shall receive funds for operating 279
purposes in an amount determined as follows: multiply the 280
maximum allowable nonvoted discretionary millage for operations 281
pursuant to s. 1011.71(1) and (3) by the value of 96 percent of 282
the current year's taxable value for school purposes for the 283
district in which each lab school is located; divide the result 284
by the total full-time equivalent membership of the district; 285
and multiply the result by the full -time equivalent membership 286
of the lab school. The amount thus obtained shall be 287
discretionary operating funds and shall be appropriated from 288
state funds in the General Appropriations Act to the Lab School 289
Trust Fund. 290
Section 7. Paragraph (c) of subsection (16) o f section 291
1002.33, Florida Statutes, is amended to read: 292
1002.33 Charter schools. — 293
(16) EXEMPTION FROM STATUTES. — 294
(c) For purposes of subparagraphs (b)4. -7.: 295
1. The duties assigned to a district school superintendent 296
apply to charter school adminis trative personnel, as defined in 297
s. 1012.01(3)(a) and (b), and the charter school governing board 298
shall designate at least one administrative person to be 299
responsible for such duties. 300
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 13 of 138
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. The duties assigned to a district school board apply to 301
a charter school governing board. 302
3. The minimum base salary for full -time classroom 303
teachers as defined in s. 1012.01(2)(a), including certified 304
prekindergarten teachers funded in the Florida Education Finance 305
Program, reported by a charter school on its performan ce salary 306
schedule shall be at least $47,500 or the maximum amount 307
achievable by the charter school governing board based on the 308
amount of the charter school's Florida Education Finance Program 309
funds as provided in the General Appropriations Act. 310
4.3. A charter school may hire instructional personnel and 311
other employees on an at -will basis. 312
5.4. Notwithstanding any provision to the contrary, 313
instructional personnel and other employees on contract may be 314
suspended or dismissed any time during the term of the contract 315
without cause. 316
Section 8. Paragraphs (e) and (f) of subsection (3) of 317
section 1002.37, Florida Statutes, are amended to read: 318
1002.37 The Florida Virtual School. — 319
(3) Funding for the Florida Virtual School shall be 320
provided as follows: 321
(e) The comparable wage factor district cost differential 322
as provided in s. 1011.62( 2) shall be established as 1.000. 323
(f) The Florida Virtual School shall receive state funds 324
for operating purposes as provided in the General Appropriations 325
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 14 of 138
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
Act. The calculation to determine the amount of state funds 326
includes: the sum of the basic amount for current operations 327
established in s. 1011.62(1)(r) base Florida Education Finance 328
Program funding, the discretionary millage compression 329
supplement established in s. 1011.62(5), the state-funded 330
discretionary contribution established in s. 1011.62(6), and a 331
per-full-time equivalent share of the discretionary millage 332
compression supplement, the exceptional student education 333
guaranteed allocation established in s. 1011.62(8) , the 334
instructional materials allocation, the evidence -based reading 335
instruction allocation, the mental health assistance allocation, 336
and the teacher salary increase allocation . For the purpose of 337
calculating the state -funded discretionary contribution, 338
multiply the maximum allowable nonvoted discretionary millage 339
for operations pursuan t to s. 1011.71(1) and (3) by the value of 340
96 percent of the current year's taxable value for school 341
purposes for the state; divide the result by the total full -time 342
equivalent membership of the state; and multiply the result by 343
the full-time equivalent membership of the school. Funds may not 344
be provided for the purpose of fulfilling the class size 345
requirements in ss. 1003.03 and 1011.685. 346
Section 9. Paragraphs (f) and (g) of subsection (7), 347
paragraph (a) of subsection (8), and subsection (12) of sectio n 348
1002.394, Florida Statutes, are amended to read: 349
1002.394 The Family Empowerment Scholarship Program. — 350
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 15 of 138
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
(7) SCHOOL DISTRICT OBLIGATIONS. — 351
(f) A school district shall report all students who are 352
receiving a scholarship under this program. Students re ceiving a 353
scholarship shall be reported separately from other students 354
reported for purposes of the Florida Education Finance Program. 355
(g) A school district shall be held harmless for students 356
who are receiving a scholarship under this program from the 357
weighted enrollment ceiling for group 2 programs in s. 358
1011.62(1)(d)3.b. during the first school year in which the 359
students are reported. 360
(8) DEPARTMENT OF EDUCATION OBLIGATIONS. — 361
(a) The department shall: 362
1. Publish and update, as necessary, informat ion on the 363
department website about the Family Empowerment Scholarship 364
Program, including, but not limited to, student eligibility 365
criteria, parental responsibilities, and relevant data. 366
2. Report as part of the determination of full -time 367
equivalent membership pursuant to s. 1011.62(1)(a) all students 368
who are receiving a scholarship under this program and are 369
funded in the Florida Education Finance Program, and cross-check 370
the list of participating scholarship students with the public 371
school enrollment li sts to avoid duplication. 372
3. Maintain and publish a list of nationally norm -373
referenced tests identified for purposes of satisfying the 374
testing requirement in subparagraph (9)(c)1. The tests must meet 375
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 16 of 138
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
industry standards of quality in accordance with state board 376
rule. 377
4. Notify eligible nonprofit scholarship -funding 378
organizations of the deadlines for submitting the verified list 379
of students determined to be eligible for a scholarship. A 380
student may not be submitted for funding after February 1. 381
5. Notify each school district of a parent's participation 382
in the scholarship program for purposes of paragraph (7)(f). 383
5.6. Deny or terminate program participation upon a 384
parent's failure to comply with subsection (10). 385
6.7. Notify the parent and the organiza tion when a 386
scholarship account is closed and program funds revert to the 387
state. 388
7.8. Notify an eligible nonprofit scholarship -funding 389
organization of any of the organization's or other 390
organization's identified students who are receiving 391
scholarships under this chapter. 392
8.9. Maintain on its website a list of approved providers 393
as required by s. 1002.66, eligible postsecondary educational 394
institutions, eligible private schools, and eligible 395
organizations and may identify or provide links to lists of 396
other approved providers. 397
9.10. Require each organization to verify eligible 398
expenditures before the distribution of funds for any 399
expenditures made pursuant to subparagraphs (4)(b)1. and 2. 400
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 17 of 138
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
Review of expenditures made for services specified in 401
subparagraphs (4)(b)3.-15. may be completed after the purchase 402
is made. 403
10.11. Investigate any written complaint of a violation of 404
this section by a parent, a student, a private school, a public 405
school, a school district, an organization, a provider, or 406
another appropriate party in accordance with the process 407
established under s. 1002.421. 408
11.12. Require quarterly reports by an organization, which 409
must include, at a minimum, the number of students participating 410
in the program; the demographics of program participan ts; the 411
disability category of program participants; the matrix level of 412
services, if known; the program award amount per student; the 413
total expenditures for the purposes specified in paragraph 414
(4)(b); the types of providers of services to students; and an y 415
other information deemed necessary by the department. 416
12.13. Notify eligible nonprofit scholarship -funding 417
organizations that scholarships may not be awarded in a school 418
district in which the award will exceed 99 percent of the school 419
district's share of state funding through the Florida Education 420
Finance Program as calculated by the department. 421
13.14. Adjust payments to eligible nonprofit scholarship -422
funding organizations and, when the Florida Education Finance 423
Program is recalculated, adjust the amo unt of state funds 424
allocated to school districts through the Florida Education 425
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 18 of 138
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
Finance Program based upon the results of the cross -check 426
completed pursuant to subparagraph 2. 427
(12) SCHOLARSHIP FUNDING AND PAYMENT. — 428
(a)1. Scholarships for students determ ined eligible 429
pursuant to paragraph (3)(a) are established for up to 18,000 430
students annually beginning in the 2019 -2020 school year. 431
Beginning in the 2020 -2021 school year, the maximum number of 432
students participating in the scholarship program under this 433
section shall annually increase by 1.0 percent of the state's 434
total full-time equivalent student membership. An eligible 435
student who meets any of the following requirements shall be 436
excluded from the maximum number of students if the student: 437
a. Is a dependent child of a law enforcement officer or a 438
member of the United States Armed Forces, a foster child, or an 439
adopted child; or 440
b. Is determined eligible pursuant to subparagraph 441
(3)(a)1. or subparagraph (3)(a)2. and either spent the prior 442
school year in attendance at a Florida public school or, 443
beginning in the 2022 -2023 school year, is eligible to enroll in 444
kindergarten. For purposes of this subparagraph, the term "prior 445
school year in attendance" means that the student was enrolled 446
and reported by a school district for funding during either the 447
preceding October or February full -time equivalent student 448
membership surveys in kindergarten through grade 12, which 449
includes time spent in a Department of Juvenile Justice 450
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 19 of 138
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
commitment program if funded under the Florida Education Finance 451
Program. 452
2. The scholarship amount provided to a student for any 453
single school year shall be for tuition and fees for an eligible 454
private school, not to exceed annual limits, which shall be 455
determined in accordance with thi s subparagraph. The calculated 456
scholarship amount for a participating student shall be based 457
upon the grade level and school district in which the student 458
was assigned as 100 percent of the funds per unweighted full -459
time equivalent in the Florida Education Finance Program for a 460
student in the basic program established pursuant to s. 461
1011.62(1)(c)1., plus a per -full-time equivalent share of funds 462
for the all categorical programs established in ss. 1011.62(5), 463
(7), and (14), as funded in the General Appropria tions Act, 464
except for the exceptional student education guaranteed 465
allocation established pursuant to s. 1011.62(1)(e) . 466
3. The amount of the scholarship shall be the calculated 467
amount or the amount of the private school's tuition and fees, 468
whichever is less. The amount of any assessment fee required by 469
the participating private school and any costs to provide a 470
digital device, including Internet access, if necessary, to the 471
student may be paid from the total amount of the scholarship. 472
4. A scholarship of $750 or an amount equal to the school 473
district expenditure per student riding a school bus, as 474
determined by the department, whichever is greater, may be 475
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 20 of 138
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
awarded to a student who is determined eligible pursuant to 476
subparagraph (3)(a)1. or subparagraph ( 3)(a)2. and enrolled in a 477
Florida public school that is different from the school to which 478
the student was assigned or in a lab school as defined in s. 479
1002.32 if the school district does not provide the student with 480
transportation to the school. 481
5. The organization must provide the department with the 482
documentation necessary to verify the student's participation. 483
Upon receiving the documentation, the department shall transfer, 484
from state funds only, the amount calculated pursuant to 485
subparagraph 2. to th e organization for quarterly disbursement 486
to parents of participating students each school year in which 487
the scholarship is in force. For a student exiting a Department 488
of Juvenile Justice commitment program who chooses to 489
participate in the scholarship pr ogram, the amount of the Family 490
Empowerment Scholarship calculated pursuant to subparagraph 2. 491
must be transferred from the school district in which the 492
student last attended a public school before commitment to the 493
Department of Juvenile Justice. When a s tudent enters the 494
scholarship program, the organization must receive all 495
documentation required for the student's participation, 496
including the private school's and the student's fee schedules, 497
at least 30 days before the first quarterly scholarship payment 498
is made for the student. 499
6. The initial payment shall be made after the 500
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 21 of 138
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
organization's verification of admission acceptance, and 501
subsequent payments shall be made upon verification of continued 502
enrollment and attendance at the private school. Payment mu st be 503
by individual warrant made payable to the student's parent or by 504
funds transfer or any other means of payment that the department 505
deems to be commercially viable or cost -effective. If the 506
payment is made by warrant, the warrant must be delivered by t he 507
organization to the private school of the parent's choice, and 508
the parent shall restrictively endorse the warrant to the 509
private school. An organization shall ensure that the parent to 510
whom the warrant is made has restrictively endorsed the warrant 511
to the private school for deposit into the account of the 512
private school or that the parent has approved a funds transfer 513
before any scholarship funds are deposited. 514
(b)1. Scholarships for students determined eligible 515
pursuant to paragraph (3)(b) are establi shed for up to 26,500 516
students annually beginning in the 2022 -2023 school year. 517
Beginning in the 2023 -2024 school year, the maximum number of 518
students participating in the scholarship program under this 519
section shall annually increase by 1.0 percent of the state's 520
total exceptional student education full -time equivalent student 521
membership, not including gifted students. An eligible student 522
who meets any of the following requirements shall be excluded 523
from the maximum number of students if the student: 524
a. Received specialized instructional services under the 525
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 22 of 138
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
Voluntary Prekindergarten Education Program pursuant to s. 526
1002.66 during the previous school year and the student has a 527
current IEP developed by the district school board in accordance 528
with rules of the State Board of Education; 529
b. Is a dependent child of a law enforcement officer or a 530
member of the United States Armed Forces, a foster child, or an 531
adopted child; 532
c. Spent the prior school year in attendance at a Florida 533
public school or the Florida School for the Deaf and the Blind. 534
For purposes of this subparagraph, the term "prior school year 535
in attendance" means that the student was enrolled and reported 536
by: 537
(I) A school district for funding during either the 538
preceding October or February full -time equivalent student 539
membership surveys in kindergarten through grade 12, which 540
includes time spent in a Department of Juvenile Justice 541
commitment program if funded under the Florida Education Finance 542
Program; 543
(II) The Florida School for the Deaf and t he Blind during 544
the preceding October or February full -time equivalent student 545
membership surveys in kindergarten through grade 12; 546
(III) A school district for funding during the preceding 547
October or February full -time equivalent student membership 548
surveys, was at least 4 years of age when enrolled and reported, 549
and was eligible for services under s. 1003.21(1)(e); or 550
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 23 of 138
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
(IV) Received a John M. McKay Scholarship for Students 551
with Disabilities in the 2021 -2022 school year. 552
2. For a student who has a Level I to Level III matrix of 553
services or a diagnosis by a physician or psychologist, the 554
calculated scholarship amount for a student participating in the 555
program must be based upon the grade level and school district 556
in which the student would have been enrol led as the total funds 557
per unweighted full-time equivalent in the Florida Education 558
Finance Program for a student in the basic exceptional student 559
education program pursuant to s. 1011.62(1)(c) and (d) s. 560
1011.62(1)(c)1. and (e)1.c. , plus a per full-time equivalent 561
share of funds for the all categorical programs established in 562
ss. 1011.62(5), (7), (8), and (14), as funded in the General 563
Appropriations Act. For the categorical program established , as 564
funded in the General Appropriations Act, except that for the 565
exceptional student education guaranteed allocation, as provided 566
in s. 1011.62(8) 1011.62(1)(e)1.c. and 2. , the funds must be 567
allocated based on the school district's average exceptional 568
student education guaranteed allocation funds per exceptional 569
student education full-time equivalent student. 570
3. For a student with a Level IV or Level V matrix of 571
services, the calculated scholarship amount must be based upon 572
the school district to which the student would have been 573
assigned as the total funds per ful l-time equivalent for the 574
Level IV or Level V exceptional student education program 575
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 24 of 138
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
pursuant to s. 1011.62(1)(c)2.a. or b., plus a per -full time 576
equivalent share of funds for the all categorical programs 577
established in ss. 1011.62(5), (7), and (14) , as funded in the 578
General Appropriations Act. 579
4. For a student who received a Gardiner Scholarship 580
pursuant to s. 1002.385 in the 2020 -2021 school year, the amount 581
shall be the greater of the amount calculated pursuant to 582
subparagraph 2. or the amount the student received for the 2020 -583
2021 school year. 584
5. For a student who received a John M. McKay Scholarship 585
pursuant to s. 1002.39 in the 2020 -2021 school year, the amount 586
shall be the greater of the amount calculated pursuant to 587
subparagraph 2. or the amo unt the student received for the 2020 -588
2021 school year. 589
6. The organization must provide the department with the 590
documentation necessary to verify the student's participation. 591
7. Upon receiving the documentation, the department shall 592
release, from state funds only, the student's scholarship funds 593
to the organization, to be deposited into the student's account 594
in four equal amounts no later than September 1, November 1, 595
February 1, and April 1 of each school year in which the 596
scholarship is in force. 597
8. Accrued interest in the student's account is in 598
addition to, and not part of, the awarded funds. Program funds 599
include both the awarded funds and accrued interest. 600
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 25 of 138
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
9. The organization may develop a system for payment of 601
benefits by funds transfer, incl uding, but not limited to, debit 602
cards, electronic payment cards, or any other means of payment 603
which the department deems to be commercially viable or cost -604
effective. A student's scholarship award may not be reduced for 605
debit card or electronic payment fe es. Commodities or services 606
related to the development of such a system must be procured by 607
competitive solicitation unless they are purchased from a state 608
term contract pursuant to s. 287.056. 609
10. Moneys received pursuant to this section do not 610
constitute taxable income to the qualified student or the parent 611
of the qualified student. 612
Section 10. Paragraph (b) of subsection (6) of section 613
1002.45, Florida Statutes, is amended to read: 614
1002.45 Virtual instruction programs. — 615
(6) VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER SCHOOL 616
FUNDING.— 617
(b) Students enrolled in a virtual instruction program 618
shall be funded in the Florida Education Finance Program as 619
provided in the General Appropriations Act. The calculation to 620
determine the amount of funds f or each student through the 621
Florida Education Finance Program shall include the sum of the 622
basic amount for current operations established in s. 623
1011.62(1)(r) base Florida Education Finance Program pursuant to 624
s. 1011.62(1)(s) and all categorical programs except for the 625
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 26 of 138
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
categorical programs established in ss. 1011.62(7) and (14), 626
1011.68, and 1011.685 pursuant to ss. 1011.62(1)(f), (7), and 627
(13); 1011.68; 1011.685; and 1012.71 . Students residing outside 628
of the school district reporting the full -time equivalent 629
virtual student shall be funded from state funds only. 630
Section 11. Subsection (1) of section 1002.59, Florida 631
Statutes, is amended to read: 632
1002.59 Emergent literacy and performance standards 633
training courses.— 634
(1) The department, in collaboration with the Just Read, 635
Florida! Office, shall adopt minimum standards for courses in 636
emergent literacy for prekindergarten instructors. Each course 637
must comprise 5 clock hours and provide instruction in 638
strategies and techniques to address the age -appropriate 639
progress of prekindergarten students in developing emergent 640
literacy skills, including oral communication, knowledge of 641
print and letters, phonological and phonemic awareness, and 642
vocabulary and comprehension developm ent, consistent with the 643
evidence-based content and strategies identified pursuant to s. 644
1001.215(7) s. 1001.215(8). The course standards must be 645
reviewed as part of any review of subject coverage or 646
endorsement requirements in the elementary, reading, and 647
exceptional student educational areas conducted pursuant to s. 648
1012.586. Each course must also provide resources containing 649
strategies that allow students with disabilities and other 650
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 27 of 138
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
special needs to derive maximum benefit from the Voluntary 651
Prekindergarten Education Program. Successful completion of an 652
emergent literacy training course approved under this section 653
satisfies requirements for approved training in early literacy 654
and language development under ss. 402.305(2)(e)5., 402.313(6), 655
and 402.3131(5). 656
Section 12. Paragraph (b) of subsection (3) of section 657
1002.71, Florida Statutes, is amended to read: 658
1002.71 Funding; financial and attendance reporting. — 659
(3) 660
(b) Each county's allocation per full -time equivalent 661
student in the Voluntary Prekinde rgarten Education Program shall 662
be calculated annually by multiplying the base student 663
allocation provided in the General Appropriations Act by the 664
county's comparable wage factor district cost differential 665
provided in s. 1011.62(2). Each private prekinder garten provider 666
and public school shall be paid in accordance with the county's 667
allocation per full-time equivalent student. 668
Section 13. Paragraph (a) of subsection (17) of section 669
1002.84, Florida Statutes, is amended to read: 670
1002.84 Early learning coalitions; school readiness powers 671
and duties.—Each early learning coalition shall: 672
(17)(a) Distribute the school readiness program funds as 673
allocated in the General Appropriations Act to the eligible 674
providers using the following methodology: 675
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 28 of 138
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. For each county in the early learning coalition, 676
multiply the cost of care by care level as provided in s. 677
1002.90 by the county's comparable wage factor district cost 678
differential provided in s. 1011.62(2). 679
2. If a county enacted a local ordinance before J anuary 1, 680
2022, that establishes the county's staff -to-children ratio for 681
licensed child care facilities below the ratio established in s. 682
402.305(4), multiply the provider reimbursement rates for that 683
county by the adjustment factor specified in the Gener al 684
Appropriations Act. 685
3. Apply the weight established pursuant to s. 1002.90 for 686
each provider type to calculate the minimum provider 687
reimbursement rates by care level. 688
4. Multiply the weighted provider reimbursement rates by 689
22 percent to determine t he amount of the school readiness 690
allocation an early learning coalition is eligible to retain 691
pursuant to s. 1002.89(4). 692
693
Each early learning coalition with approved minimum provider 694
reimbursement rates for the infant to age 5 care levels that are 695
higher than the minimum provider reimbursement rates established 696
in this subsection may continue to implement its approved 697
minimum provider reimbursement rates until the rates established 698
in this subsection exceed its approved rates. 699
Section 14. Paragraph (a) of subsection (1) of section 700
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 29 of 138
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
1002.89, Florida Statutes, is amended to read: 701
1002.89 School readiness program; funding. — 702
(1) DETERMINATION OF EARLY LEARNING COALITION SCHOOL 703
READINESS PROGRAM FUNDING. —Funding for the school readiness 704
program shall be used by the early learning coalitions in 705
accordance with this part and the General Appropriations Act. 706
(a) School readiness program allocation. —If the annual 707
allocation for the school readiness program is not determined in 708
the General Appropriations Act o r the substantive bill 709
implementing the General Appropriations Act, it shall be 710
determined as follows: 711
1. For each county in the early learning coalition, the 712
total school readiness eligible population, as adopted by the 713
Early Learning Programs Estimatin g Conference pursuant to s. 714
216.136(8), shall be multiplied by the county's comparable wage 715
factor district cost differential provided in s. 1011.62(2). 716
2. If a county passed a local ordinance before January 1, 717
2022, that establishes the county's staff -to-children ratio for 718
licensed child care facilities below the ratio established in s. 719
402.305(4), multiply the product calculated in subparagraph 1. 720
by the adjustment factor specified in the General Appropriations 721
Act. 722
3. Each county's school readiness a llocation shall be 723
based on the county's proportionate share of the total adjusted 724
eligible school readiness population. 725
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 30 of 138
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 15. Paragraph (a) of subsection (4) of section 726
1003.03, Florida Statutes, is amended to read: 727
1003.03 Maximum class size. — 728
(4) ACCOUNTABILITY. — 729
(a) If the department determines that the number of 730
students assigned to any individual class exceeds the class size 731
maximum, as required in subsection (1), based upon the October 732
student membership survey, the department shall: 733
1. Identify, for each grade group, the number of classes 734
in which the number of students exceeds the maximum and the 735
total number of students which exceeds the maximum for all 736
classes. 737
2. Determine the number of FTE students which exceeds the 738
maximum for each grade group. 739
3. Multiply the total number of FTE students which exceeds 740
the maximum for each grade group by the district's FTE dollar 741
amount of the class size categorical allocation for that year 742
and calculate the total for all three grade groups . 743
4. Multiply the total number of FTE students which exceeds 744
the maximum for all classes by an amount equal to 50 percent of 745
the base student allocation adjusted by the district cost 746
differential for each of the 2010 -2011 through 2013-2014 fiscal 747
years and by an amount equal to the base student allocation 748
adjusted by the comparable wage factor district cost 749
differential in the 2014-2015 fiscal year and thereafter. 750
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 31 of 138
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. Reduce the district's class size categorical allocation 751
by an amount equal to the sum of t he calculations in 752
subparagraphs 3. and 4. 753
Section 16. Section 1003.4201, Florida Statutes, is 754
created to read: 755
1003.4201 Comprehensive system of reading instruction. —756
Each school district must implement a system of comprehensive 757
reading instruction f or students enrolled in the prekindergarten 758
through grade 12 and certain students who exhibit a substantial 759
deficiency in early literacy. 760
(1) Each school district must develop, and submit to the 761
district school board for approval, a detailed reading 762
instruction plan that outlines the components of the district's 763
comprehensive system of reading instruction. The plan must 764
include all district schools, including charter schools, unless 765
a charter school elects to submit a plan independently from the 766
school district. A charter school plan must comply with all of 767
the provisions of this section and must be approved by the 768
charter school's governing body and provided to the charter 769
school's sponsor. 770
(2)(a) Components of the reading instruction plan may 771
include the following: 772
1. Additional time per day of evidence -based intensive 773
reading instruction for kindergarten through grade 12 students, 774
which may be delivered during or outside of the regular school 775
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 32 of 138
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
day. 776
2. Highly qualified reading coaches, who must be e ndorsed 777
in reading, to specifically support classroom teachers in making 778
instructional decisions based on progress monitoring data 779
collected pursuant to s. 1008.25(8) and improve classroom 780
teacher delivery of effective reading instruction, reading 781
intervention, and reading in the content areas based on student 782
need. 783
3. Professional development to help instructional 784
personnel and certified prekindergarten teachers funded in the 785
Florida Education Finance Program earn a certification, a 786
credential, an endors ement, or an advanced degree in 787
scientifically researched and evidence -based reading 788
instruction. 789
4. Summer reading camps, using only classroom teachers or 790
other district personnel who possess a micro -credential as 791
specified in s. 1003.485 or are certifi ed or endorsed in reading 792
consistent with s. 1008.25(7)(b)3., for all students in 793
kindergarten through grade 5 exhibiting a reading deficiency as 794
determined by district and state assessments. 795
5. Incentives for instructional personnel and certified 796
prekindergarten teachers funded in the Florida Education Finance 797
Program who possess a reading certification or endorsement or 798
micro-credential as specified in s. 1003.485 and provide 799
educational support to improve student literacy. 800
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 33 of 138
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
6. Tutoring in reading. 801
(b) Each school district must include in its reading 802
instruction plan the planned school year expenditures for each 803
component of such plan. 804
(3) Each school district shall submit its approved reading 805
instruction plan, including approved reading instruction plans 806
for each charter school in the district, to the Department of 807
Education by August 1 of each fiscal year. 808
(4) The department shall evaluate the implementation of 809
each school district reading instruction plan, including 810
conducting site visits and co llecting specific data on reading 811
improvement results. 812
(5) By February 1 of each year, the department shall 813
report its findings to the Legislature and the State Board of 814
Education, including any recommendations for improving 815
implementation of evidence -based intensive reading and 816
intervention strategies in the classroom. 817
(6) For purposes of this section, the term "evidence -818
based" means demonstrating a statistically significant effect on 819
improving student outcomes or other relevant outcomes as 820
provided in 20 U.S.C. s. 8101(21)(A)(i). 821
Section 17. Paragraph (a) of subsection (3) and 822
subsections (4) and (5) of section 1003.4203, Florida Statutes, 823
are amended to read: 824
1003.4203 Digital materials, CAPE Digital Tool 825
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 34 of 138
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
certificates, and technical assistance. — 826
(3) CAPE DIGITAL TOOL CERTIFICATES. —The department shall 827
identify, in the CAPE Industry Certification Funding List under 828
ss. 1003.492 and 1008.44, CAPE Digital Tool certificates that 829
indicate a student's digital skills. The department shall notify 830
each school district when the certificates are available. The 831
certificates shall be made available to all public elementary 832
and middle grades students. 833
(a) Targeted skills to be mastered for the certificate 834
include digital skills that are necessary to the st udent's 835
academic work and skills the student may need in future 836
employment. CAPE Digital Tool certificates earned by students 837
are eligible for additional full -time equivalent membership 838
under s. 1011.62(1)(n)1.a. s. 1011.62(1)(o)1.a. 839
(4) CAPE INDUSTRY CE RTIFICATIONS.— 840
(a) CAPE industry certifications, issued to middle school 841
and high school students, which do not articulate for college 842
credit, are eligible for additional full -time equivalent 843
membership pursuant to s. 1011.62(1)(n)1.b. s. 1011.62(1)(o)1.b. 844
(b) CAPE industry certifications, issued to high school 845
students, which articulate for college credit, are eligible for 846
additional full-time equivalent membership pursuant to s. 847
1011.62(1)(n)1.b. s. 1011.62(1)(o)1.b. 848
(5) CAPE INNOVATION AND CAPE ACC ELERATION.— 849
(a) CAPE Innovation. —Courses, identified in the CAPE 850
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 35 of 138
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
Industry Certification Funding List, that combine academic and 851
career content, and performance outcome expectations that, if 852
achieved by a student, shall articulate for college credit and 853
be eligible for additional full -time equivalent membership under 854
s. 1011.62(1)(n)1.c. s. 1011.62(1)(o)1.c. Such approved courses 855
must incorporate at least two third -party assessments that, if 856
successfully completed by a student, shall articulate for 857
college credit. At least one of the two third -party assessments 858
must be associated with an industry certificatio n that is 859
identified on the CAPE Industry Certification Funding List. Each 860
course that is approved by the commissioner must be specifically 861
identified in the Course Code Directory as a CAPE Innovation 862
Course. 863
(b) CAPE Acceleration. —Industry certification s that 864
articulate for 15 or more college credit hours and, if 865
successfully completed, are eligible for additional full -time 866
equivalent membership under s. 1011.62(1)(n)1.d. s. 867
1011.62(1)(o)1.d. Each approved industry certification must be 868
specifically identified in the CAPE Industry Certification 869
Funding List as a CAPE Acceleration Industry Certification. 870
Section 18. Paragraphs (g) and (h) of subsection (4) of 871
section 1003.485, Florida Statutes, are amended to read: 872
1003.485 The New Worlds Reading Ini tiative.— 873
(4) ADMINISTRATOR RESPONSIBILITIES. —The administrator 874
shall: 875
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 36 of 138
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
(g) Develop a micro -credential that requires teachers to 876
demonstrate competency to: 877
1. Diagnose literacy difficulties and determine the 878
appropriate range of literacy interventions based upon the age 879
and literacy deficiency of the student; 880
2. Use evidence-based instructional and intervention 881
practices, including strategies identified by the Just Read, 882
Florida! Office pursuant to s. 1001.215(7) s. 1001.215(8); and 883
3. Effectively use progress monitoring and intervention 884
materials. 885
(h) Administer the early literacy micro -credential program 886
established under this section, which must include components on 887
content, student learning, pedagogy, and professional 888
development and must bui ld on a strong foundation of 889
scientifically researched and evidence -based reading 890
instructional and intervention programs that incorporate 891
explicit, systematic, and sequential approaches to teaching 892
phonemic awareness, phonics, vocabulary, fluency, and tex t 893
comprehension and incorporate decodable or phonetic text 894
instructional strategies, as identified by the Just Read, 895
Florida! Office, pursuant to s. 1001.215(7) s. 1001.215(8). 896
1. At a minimum, the micro -credential curriculum must be 897
designed specificall y for instructional personnel in 898
prekindergarten through grade 3 based upon the strategies and 899
techniques identified in s. 1002.59 and address foundational 900
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 37 of 138
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
literacy skills of students in grades 4 through 12. 901
2. The micro-credential must be competency bas ed and 902
designed for eligible instructional personnel to complete the 903
credentialing process in no more than 60 hours, in an online 904
format. The micro-credential may be delivered in an in -person 905
format. Eligible instructional personnel may receive the micro -906
credential once competency is demonstrated even if it is prior 907
to the completion of 60 hours. 908
3. The micro-credential must be available by December 31, 909
2022, at no cost, to instructional personnel as defined in s. 910
1012.01(2); prekindergarten instructors a s specified in ss. 911
1002.55, 1002.61, and 1002.63; and child care personnel as 912
defined in ss. 402.302(3) and 1002.88(1)(e). 913
Section 19. Subsection (4) of section 1003.4935, Florida 914
Statutes, is amended to read: 915
1003.4935 Middle grades career and profe ssional academy 916
courses and career-themed courses.— 917
(4) CAPE Digital Tool certificates and CAPE industry 918
certifications offered in the middle grades that are included on 919
the CAPE Industry Certification Funding List, if earned by 920
students, are eligible fo r additional full-time equivalent 921
membership pursuant to s. 1011.62(1)(n)1.a. and b. s. 922
1011.62(1)(o)1.a. and b. 923
Section 20. Paragraphs (g) and (j) of subsection (2) of 924
section 1003.621, Florida Statutes, are amended to read: 925
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 38 of 138
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
1003.621 Academically hi gh-performing school districts. —It 926
is the intent of the Legislature to recognize and reward school 927
districts that demonstrate the ability to consistently maintain 928
or improve their high -performing status. The purpose of this 929
section is to provide high -performing school districts with 930
flexibility in meeting the specific requirements in statute and 931
rules of the State Board of Education. 932
(2) COMPLIANCE WITH STATUTES AND RULES. —Each academically 933
high-performing school district shall comply with all of the 934
provisions in chapters 1000 -1013, and rules of the State Board 935
of Education which implement these provisions, pertaining to the 936
following: 937
(g) Those statutes pertaining to planning and budgeting, 938
including chapter 1011, except s. 1003.4201 s. 1011.62(8)(e), 939
relating to the requirement for a comprehensive system of 940
reading instruction plan. A district that is exempt from 941
submitting a comprehensive reading plan shall be deemed approved 942
to receive the evidence -based reading instruction allocation. 943
Each academically high-performing school district may provide up 944
to 2 days of virtual instruction as part of the required 180 945
actual teaching days or the equivalent on an hourly basis each 946
school year, as specified by rules of the State Board of 947
Education. Virtual instr uction that is conducted in accordance 948
with the plan approved by the department, is teacher -developed, 949
and is aligned with the standards for enrolled courses complies 950
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 39 of 138
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
with s. 1011.60(2). The day or days must be indicated on the 951
calendar approved by the sch ool board. The district shall submit 952
a plan for each day of virtual instruction to the department for 953
approval, in a format prescribed by the department, with 954
assurances of alignment to statewide student standards as 955
described in s. 1003.41 before the star t of each school year. 956
(j) Those statutes relating to instructional materials, 957
except that s. 1006.37, relating to the requisition of state -958
adopted materials from the depository under contract with the 959
publisher, and s. 1006.40(3)(b), relating to the purchase use of 960
50 percent of the instructional materials allocation, shall be 961
eligible for exemption. 962
Section 21. Subsection (7) of section 1004.935, Florida 963
Statutes, is amended to read: 964
1004.935 Adults with Disabilities Workforce Education 965
Program.— 966
(7) Funds for the scholarship shall be provided from the 967
appropriation from the school district's Workforce Development 968
Fund in the General Appropriations Act for students who reside 969
in the Hardee County School District, the DeSoto County School 970
District, the Manatee County School District, or the Sarasota 971
County School District. The scholarship amount granted for an 972
eligible student with a disability shall be equal to the cost 973
per unit of a full-time equivalent adult general education 974
student, multiplied by the adult general education funding 975
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 40 of 138
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
factor, and multiplied by the comparable wage factor district 976
cost differential pursuant to the formula required by s. 977
1011.80(7)(a) for the district in which the student resides. 978
Section 22. Section 1006.041, Fl orida Statutes, is created 979
to read: 980
1006.041 Mental health assistance program. —Each school 981
district must implement a school -based mental health assistance 982
program that includes training classroom teachers and other 983
school staff in detecting and respondi ng to mental health issues 984
and connecting children, youth, and families who may experience 985
behavioral health issues with appropriate services. 986
(1) Each school district must develop, and submit to the 987
district school board for approval, a detailed plan ou tlining 988
the components and planned expenditures of the district's mental 989
health assistance program. The plan must include all district 990
schools, including charter schools, unless a charter school 991
elects to submit a plan independently from the school distric t. 992
A charter school plan must comply with all of the provisions of 993
this section and must be approved by the charter school's 994
governing body and provided to the charter school's sponsor. 995
(2) A plan required under subsection (1) must be focused 996
on a multitiered system of supports to deliver evidence -based 997
mental health care assessment, diagnosis, intervention, 998
treatment, and recovery services to students with one or more 999
mental health or co-occurring substance abuse diagnoses and to 1000
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 41 of 138
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
students at high risk of such diagnoses. The provision of these 1001
services must be coordinated with a student's primary mental 1002
health care provider and with other mental health providers 1003
involved in the student's care. At a minimum, the plan must 1004
include all of the following compon ents: 1005
(a) Direct employment of school -based mental health 1006
services providers to expand and enhance school -based student 1007
services and to reduce the ratio of students to staff in order 1008
to better align with nationally recommended ratio models. The 1009
providers shall include, but are not limited to, certified 1010
school counselors, school psychologists, school social workers, 1011
and other licensed mental health professionals. The plan must 1012
also identify strategies to increase the amount of time that 1013
school-based student services personnel spend providing direct 1014
services to students, which may include the review and revision 1015
of district staffing resource allocations based on school or 1016
student mental health assistance needs. 1017
(b) Contracts or interagency agreements with one or more 1018
local community behavioral health providers or providers of 1019
Community Action Team services to provide a behavioral health 1020
staff presence and services at district schools. Services may 1021
include, but are not limited to, mental health screenings an d 1022
assessments, individual counseling, family counseling, group 1023
counseling, psychiatric or psychological services, trauma -1024
informed care, mobile crisis services, and behavior 1025
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 42 of 138
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
modification. These behavioral health services may be provided 1026
on or off the school campus and may be supplemented by 1027
telehealth as defined in s. 456.47(1). 1028
(c) Policies and procedures, including contracts with 1029
service providers, which will ensure that: 1030
1. Students referred to a school -based or community-based 1031
mental health service p rovider for mental health screening for 1032
the identification of mental health concerns and students at 1033
risk for mental health disorders are assessed within 15 days 1034
after referral. School -based mental health services must be 1035
initiated within 15 days after ide ntification and assessment, 1036
and support by community -based mental health service providers 1037
for students who are referred for community -based mental health 1038
services must be initiated within 30 days after the school or 1039
district makes a referral. 1040
2. Parents of a student receiving services under this 1041
subsection are provided information about other behavioral 1042
health services available through the student's school or local 1043
community-based behavioral health services providers. A school 1044
may meet this requirement by providing information about and 1045
Internet addresses for web -based directories or guides for local 1046
behavioral health services. 1047
3. Individuals living in a household with a student 1048
receiving services under this subsection are provided 1049
information about behavioral health services available through 1050
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 43 of 138
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
other delivery systems or payors for which such individuals may 1051
qualify, if such servi ces appear to be needed or enhancements in 1052
such individuals' behavioral health would contribute to the 1053
improved well-being of the student. 1054
(d) Strategies or programs to reduce the likelihood of at -1055
risk students developing social, emotional, or behavioral health 1056
problems, depression, anxiety disorders, suicidal tendencies, or 1057
substance use disorders. 1058
(e) Strategies to improve the early identification of 1059
social, emotional, or behavioral problems or substance use 1060
disorders, to improve the provision of earl y intervention 1061
services, and to assist students in dealing with trauma and 1062
violence. 1063
(f) Procedures to assist a mental health services provider 1064
or a behavioral health provider as described in paragraph (a) or 1065
paragraph (b), respectively, or a school reso urce officer or 1066
school safety officer who has completed mental health crisis 1067
intervention training in attempting to verbally de -escalate a 1068
student's crisis situation before initiating an involuntary 1069
examination pursuant to s. 394.463. Such procedures must include 1070
strategies to de-escalate a crisis situation for a student with 1071
a developmental disability as defined in s. 393.063. 1072
(g) Policies of the school district which must require 1073
that in a student crisis situation, school or law enforcement 1074
personnel must make a reasonable attempt to contact a mental 1075
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 44 of 138
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
health professional who may initiate an involuntary examination 1076
pursuant to s. 394.463, unless the child poses an imminent 1077
danger to themselves or others, before initiating an involuntary 1078
examination pursuant to s. 394.463. Such contact may be in 1079
person or through telehealth. The mental health professional may 1080
be available to the school district either by a contract or 1081
interagency agreement with the managing entity, one or more 1082
local community-based behavioral health providers, or the local 1083
mobile response team, or be a direct or contracted school 1084
district employee. 1085
(3) Each school district shall submit its approved plan, 1086
including approved plans of each charter school in the district, 1087
to the Department of E ducation by August 1 of each fiscal year. 1088
(4) Annually by September 30, each school district shall 1089
submit to the Department of Education a report on its program 1090
outcomes and expenditures for the previous fiscal year that, at 1091
a minimum, must include the t otal number of each of the 1092
following: 1093
(a) Students who receive screenings or assessments. 1094
(b) Students who are referred to school -based or 1095
community-based providers for services or assistance. 1096
(c) Students who receive school -based or community-based 1097
interventions, services, or assistance. 1098
(d) School-based and community-based mental health 1099
providers, including licensure type. 1100
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 45 of 138
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
(e) Contract-based or interagency agreement -based 1101
collaborative efforts or partnerships with community -based 1102
mental health programs, agencies, or providers. 1103
Section 23. Paragraph (b) of subsection (6) of section 1104
1006.07, Florida Statutes, is amended to read: 1105
1006.07 District school board duties relating to student 1106
discipline and school safety. —The district school board s hall 1107
provide for the proper accounting for all students, for the 1108
attendance and control of students at school, and for proper 1109
attention to health, safety, and other matters relating to the 1110
welfare of students, including: 1111
(6) SAFETY AND SECURITY BEST PRAC TICES.—Each district 1112
school superintendent shall establish policies and procedures 1113
for the prevention of violence on school grounds, including the 1114
assessment of and intervention with individuals whose behavior 1115
poses a threat to the safety of the school com munity. 1116
(b) Mental health coordinator. —Each district school board 1117
shall identify a mental health coordinator for the district. The 1118
mental health coordinator shall serve as the district's primary 1119
point of contact regarding the district's coordination, 1120
communication, and implementation of student mental health 1121
policies, procedures, responsibilities, and reporting, 1122
including: 1123
1. Coordinating with the Office of Safe Schools, 1124
established pursuant to s. 1001.212. 1125
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 46 of 138
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. Maintaining records and reports regarding student 1126
mental health as it relates to the mental health assistance 1127
program under s. 1006.041 school safety and the mental health 1128
assistance allocation under s. 1011.62(14) . 1129
3. Facilitating the implementation of school district 1130
policies relating to the respective duties and responsibilities 1131
of the school district, the superintendent, and district school 1132
principals. 1133
4. Coordinating with the school safety specialist on the 1134
staffing and training of threat assessment teams and 1135
facilitating referrals to men tal health services, as 1136
appropriate, for students and their families. 1137
5. Coordinating with the school safety specialist on the 1138
training and resources for students and school district staff 1139
relating to youth mental health awareness and assistance. 1140
6. Reviewing annually the school district's policies and 1141
procedures related to student mental health for compliance with 1142
state law and alignment with current best practices and making 1143
recommendations, as needed, for amending such policies and 1144
procedures to the superintendent and the district school board. 1145
Section 24. Section 1006.12, Florida Statutes, is amended 1146
to read: 1147
1006.12 Safe-school officers at each public school. —For 1148
the protection and safety of school personnel, property, 1149
students, and visitors, each district school board and school 1150
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 47 of 138
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
district superintendent shall partner with law enforcement 1151
agencies or security agencies to establish or assign one or more 1152
safe-school officers at each school facility within the 1153
district, including charter schools. A district school board 1154
must collaborate with charter school governing boards to 1155
facilitate charter school access to all safe -school officer 1156
options available under this section. The school district may 1157
implement any combination of the options in subsection s (1)-(4) 1158
to best meet the needs of the school district and charter 1159
schools. 1160
(1) SCHOOL RESOURCE OFFICER. —A school district may 1161
establish school resource officer programs through a cooperative 1162
agreement with law enforcement agencies. 1163
(a) School resource officers shall undergo criminal 1164
background checks, drug testing, and a psychological evaluation 1165
and be certified law enforcement officers, as defined in s. 1166
943.10(1), who are employed by a law enforcement agency as 1167
defined in s. 943.10(4). The powers and duties of a law 1168
enforcement officer shall continue throughout the employee's 1169
tenure as a school resource officer. 1170
(b) School resource officers shall abide by district 1171
school board policies and shall consult with and coordinate 1172
activities through the sch ool principal, but shall be 1173
responsible to the law enforcement agency in all matters 1174
relating to employment, subject to agreements between a district 1175
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 48 of 138
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 board and a law enforcement agency. Activities conducted 1176
by the school resource officer which are p art of the regular 1177
instructional program of the school shall be under the direction 1178
of the school principal. 1179
(2) SCHOOL SAFETY OFFICER. —A school district may 1180
commission one or more school safety officers for the protection 1181
and safety of school personnel, property, and students within 1182
the school district. The district school superintendent may 1183
recommend, and the district school board may appoint, one or 1184
more school safety officers. 1185
(a) School safety officers shall undergo criminal 1186
background checks, drug testing, and a psychological evaluation 1187
and be law enforcement officers, as defined in s. 943.10(1), 1188
certified under chapter 943 and employed by either a law 1189
enforcement agency or by the district school board. If the 1190
officer is employed by the district sc hool board, the district 1191
school board is the employing agency for purposes of chapter 1192
943, and must comply with that chapter. 1193
(b) A school safety officer has and shall exercise the 1194
power to make arrests for violations of law on district school 1195
board property or on property owned or leased by a charter 1196
school under a charter contract, as applicable, and to arrest 1197
persons, whether on or off such property, who violate any law on 1198
such property under the same conditions that deputy sheriffs are 1199
authorized to make arrests. A school safety officer has the 1200
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 49 of 138
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
authority to carry weapons when performing his or her official 1201
duties. 1202
(c) School safety officers must complete mental health 1203
crisis intervention training using a curriculum developed by a 1204
national organization with expertise in mental health crisis 1205
intervention. The training shall improve officers' knowledge and 1206
skills as first respo nders to incidents involving students with 1207
emotional disturbance or mental illness, including de -escalation 1208
skills to ensure student and officer safety. 1209
(d) A district school board may enter into mutual aid 1210
agreements with one or more law enforcement age ncies as provided 1211
in chapter 23. A school safety officer's salary may be paid 1212
jointly by the district school board and the law enforcement 1213
agency, as mutually agreed to. 1214
(3) SCHOOL GUARDIAN. —At the school district's or the 1215
charter school governing board' s discretion, as applicable, 1216
pursuant to s. 30.15, a school district or charter school 1217
governing board may participate in the Coach Aaron Feis Guardian 1218
Program to meet the requirement of establishing a safe -school 1219
officer. The following individuals may ser ve as a school 1220
guardian, in support of school -sanctioned activities for 1221
purposes of s. 790.115, upon satisfactory completion of the 1222
requirements under s. 30.15(1)(k) and certification by a 1223
sheriff: 1224
(a) A school district employee or personnel, as defined 1225
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 50 of 138
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
under s. 1012.01, or a charter school employee, as provided 1226
under s. 1002.33(12)(a), who volunteers to serve as a school 1227
guardian in addition to his or her official job duties; or 1228
(b) An employee of a school district or a charter school 1229
who is hired for the specific purpose of serving as a school 1230
guardian. 1231
(4) SCHOOL SECURITY GUARD. —A school district or charter 1232
school governing board may contract with a security agency as 1233
defined in s. 493.6101(18) to employ as a school security guard 1234
an individual who holds a Class "D" and Class "G" license 1235
pursuant to chapter 493, provided the following training and 1236
contractual conditions are met: 1237
(a) An individual who serves as a school security guard, 1238
for purposes of satisfying the requirements of this section, 1239
must: 1240
1. Demonstrate completion of 144 hours of required 1241
training pursuant to s. 30.15(1)(k)2. 1242
2. Pass a psychological evaluation administered by a 1243
psychologist licensed under chapter 490 and designated by the 1244
Department of Law Enforcement and submit the results of the 1245
evaluation to the sheriff's office, school district, or charter 1246
school governing board, as applicable. The Department of Law 1247
Enforcement is authorized to provide the sheriff's office, 1248
school district, or charter school governing board with m ental 1249
health and substance abuse data for compliance with this 1250
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 51 of 138
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
paragraph. 1251
3. Submit to and pass an initial drug test and subsequent 1252
random drug tests in accordance with the requirements of s. 1253
112.0455 and the sheriff's office, school district, or charter 1254
school governing board, as applicable. 1255
4. Successfully complete ongoing training, weapon 1256
inspection, and firearm qualification on at least an annual 1257
basis and provide documentation to the sheriff's office, school 1258
district, or charter school governing bo ard, as applicable. 1259
(b) The contract between a security agency and a school 1260
district or a charter school governing board regarding 1261
requirements applicable to school security guards serving in the 1262
capacity of a safe-school officer for purposes of satisfyi ng the 1263
requirements of this section shall define the entity or entities 1264
responsible for training and the responsibilities for 1265
maintaining records relating to training, inspection, and 1266
firearm qualification. 1267
(c) School security guards serving in the capac ity of a 1268
safe-school officer pursuant to this subsection are in support 1269
of school-sanctioned activities for purposes of s. 790.115, and 1270
must aid in the prevention or abatement of active assailant 1271
incidents on school premises. 1272
(5) NOTIFICATION.—The district school superintendent or 1273
charter school administrator, or a respective designee, shall 1274
notify the county sheriff and the Office of Safe Schools 1275
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 52 of 138
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
immediately after, but no later than 72 hours after: 1276
(a) A safe-school officer is dismissed for misconduct or 1277
is otherwise disciplined. 1278
(b) A safe-school officer discharges his or her firearm in 1279
the exercise of the safe -school officer's duties, other than for 1280
training purposes. 1281
(6) CRISIS INTERVENTION TRAINING. — 1282
(a) Each safe-school officer who is also a sworn law 1283
enforcement officer shall complete mental health crisis 1284
intervention training using a curriculum developed by a national 1285
organization with expertise in mental health crisis 1286
intervention. The training must improve the officer's knowledge 1287
and skills as a first responder to incidents involving students 1288
with emotional disturbance or mental illness, including de -1289
escalation skills to ensure student and officer safety. 1290
(b) Each safe-school officer who is not a sworn law 1291
enforcement officer shall receiv e training to improve the 1292
officer's knowledge and skills necessary to respond to and de -1293
escalate incidents on school premises. 1294
(7) LIMITATIONS.—An individual must satisfy the background 1295
screening, psychological evaluation, and drug test requirements 1296
and be approved by the sheriff before participating in any 1297
training required by s. 30.15(1)(k), which may be conducted only 1298
by a sheriff. 1299
(8) EXEMPTION.—Any information that would identify whether 1300
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 53 of 138
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 particular individual has been appointed as a safe -school 1301
officer pursuant to this section held by a law enforcement 1302
agency, school district, or charter school is exempt from s. 1303
119.07(1) and s. 24(a), Art. I of the State Constitution. This 1304
subsection is subject to the Open Government Sunset Review Act 1305
in accordance with s. 119.15 and shall stand repealed on October 1306
2, 2023, unless reviewed and saved from repeal through 1307
reenactment by the Legislature. 1308
1309
If a district school board, through its adopted policies, 1310
procedures, or actions, denies a charter school access t o any 1311
safe-school officer options pursuant to this section, the school 1312
district must provide assign a school resource officer or school 1313
safety officer to the charter school. Under such circumstances, 1314
the charter school's share of the costs of the school re source 1315
officer or school safety officer shall be provided to the school 1316
district and may not exceed the amount allocated by the safe 1317
school allocation funds provided to the charter school for safe-1318
school officers pursuant to s. 1011.62(12) and shall be ret ained 1319
by the school district . 1320
Section 25. Subsection (3) of section 1006.1493, Florida 1321
Statutes, is amended to read: 1322
1006.1493 Florida Safe Schools Assessment Tool. — 1323
(3) The Office of Safe Schools shall make the FSSAT 1324
available no later than May 1 of each year. 1325
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 54 of 138
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) The office must provide annual training to each 1326
district's school safety specialist and other appropriate school 1327
district personnel on the assessment of physical site security 1328
and completing the FSSAT. 1329
(b) Each school district must a nnually report to the 1330
office by October 15 that all public schools within the school 1331
district have completed the FSSAT. 1332
Section 26. Paragraph (c) is added to subsection (3) of 1333
section 1006.28, Florida Statutes, to read: 1334
1006.28 Duties of district school board, district school 1335
superintendent; and school principal regarding K -12 1336
instructional materials. — 1337
(3) DISTRICT SCHOOL SUPERINTENDENT. — 1338
(c) Annually by July 1, each district school 1339
superintendent shall certify to the Commissioner of Education 1340
that the district school board has approved a comprehensive 1341
staff development plan that supports fidelity of implementation 1342
of instructional materials programs, including verification that 1343
training was provided, that the materials are being implemented 1344
as designed, and that core reading materials and reading 1345
intervention materials used in kindergarten through grade 5 meet 1346
the requirements of s. 1001.215(8). Such instructional 1347
materials, as evaluated and identified pursuant to s. 1348
1001.215(4), may be purchase d by school districts without 1349
undergoing the adoption procedures in s. 1006.40(4)(b). 1350
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 55 of 138
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 27. Section 1006.40, Florida Statutes, is amended 1351
to read: 1352
1006.40 Purchase Use of instructional materials 1353
allocation; instructional materials, library book s, and 1354
reference books; repair of books .— 1355
(1) On or before July 1 each year, the commissioner shall 1356
certify to each district school superintendent shall certify to 1357
the Commissioner of Education the estimated allocation of state 1358
funds for instructional ma terials, computed pursuant to the 1359
provisions of s. 1011.67 for the ensuing fiscal year. 1360
(2) Each district school board must purchase current 1361
instructional materials to provide each student in kindergarten 1362
through grade 12 with a major tool of instruction in core 1363
courses of the subject areas of mathematics, language arts, 1364
science, social studies, reading, and literature. Such purchase 1365
must be made within the first 3 years after the effective date 1366
of the adoption cycle unless a district school board or a 1367
consortium of school districts has implemented an instructional 1368
materials program pursuant to s. 1006.283. 1369
(3)(a) Except for a school district or a consortium of 1370
school districts that implements an instructional materials 1371
program pursuant to s. 1006.283, e ach district school board 1372
shall use the annual allocation only for the purchase of 1373
instructional materials that align with state standards and are 1374
included on the state -adopted list, except as otherwise 1375
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 56 of 138
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
authorized in paragraphs (b) and (c) . 1376
(b) Up to 50 percent of the amount the school district has 1377
budgeted for instructional materials annual allocation may be 1378
used for: 1379
1. The purchase of library and reference books and 1380
nonprint materials. 1381
2. The purchase of other materials having intellectual 1382
content which assist in the instruction of a subject or course. 1383
These materials may be available in bound, unbound, kit, or 1384
package form and may consist of hardbacked or softbacked 1385
textbooks, novels, electronic content, consumables, learning 1386
laboratories, manipula tives, electronic media, computer 1387
courseware or software, and other commonly accepted 1388
instructional tools as prescribed by district school board rule. 1389
3. The repair and renovation of textbooks and library 1390
books and replacements for items which were part of previously 1391
purchased instructional materials. 1392
(c) District school boards may use 100 percent of that 1393
portion of the annual allocation designated for the purchase of 1394
instructional materials for kindergarten, and 75 percent of that 1395
portion of the annual allocation designated for the purchase of 1396
instructional materials for first grade, to purchase materials 1397
not on the state-adopted list. 1398
(c)(d) Any materials purchased pursuant to this section 1399
must be: 1400
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 57 of 138
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. Free of pornography and material prohibited und er s. 1401
847.012. 1402
2. Suited to student needs and their ability to comprehend 1403
the material presented. 1404
3. Appropriate for the grade level and age group for which 1405
the materials are used or made available. 1406
(4) Each district school board is responsible for t he 1407
content of all materials used in a classroom or otherwise made 1408
available to students. Each district school board shall adopt 1409
rules, and each district school superintendent shall implement 1410
procedures, that: 1411
(a) Maximize student use of the district -approved 1412
instructional materials. 1413
(b) Provide a process for public review of, public comment 1414
on, and the adoption of materials, including those used to 1415
provide instruction required by s. 1003.42, which satisfies the 1416
requirements of s. 1006.283(2)(b)8., 9., a nd 11. 1417
(5) District school boards may issue purchase orders 1418
subsequent to February 1 in an aggregate amount which does not 1419
exceed 20 percent of the current year's allocation, and 1420
subsequent to April 1 in an aggregate amount which does not 1421
exceed 90 percent of the current year's allocation, for the 1422
purpose of expediting the delivery of instructional materials 1423
which are to be paid for from the ensuing year's allocation. 1424
This subsection does not apply to a district school board or a 1425
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 58 of 138
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
consortium of school dist ricts that implements an instructional 1426
materials program pursuant to s. 1006.283. 1427
(6) In any year in which the total instructional materials 1428
allocation for a school district has not been expended or 1429
obligated prior to June 30, the district school board s hall 1430
carry forward the unobligated amount and shall add it to the 1431
next year's allocation. 1432
(5)(7) A district school board or a consortium of school 1433
districts that implements an instructional materials program 1434
pursuant to s. 1006.283 may use the annual allocation to 1435
purchase instructional materials not on the state -adopted list. 1436
However, instructional materials purchased pursuant to this 1437
section which are not included on the state -adopted list must 1438
meet the criteria of s. 1006.31(2), align with state standa rds 1439
adopted by the State Board of Education pursuant to s. 1003.41, 1440
and be consistent with course expectations based on the 1441
district's comprehensive plan for student progression and course 1442
descriptions adopted in state board rule. 1443
Section 28. Paragraph (b) of subsection (13), paragraph 1444
(n) of subsection (21), subsection (23), paragraph (b) of 1445
subsection (24), and subsection (25) of section 1007.271, 1446
Florida Statutes, are amended to read: 1447
1007.271 Dual enrollment programs. — 1448
(13) 1449
(b) Each public post secondary institution eligible to 1450
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 59 of 138
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
participate in the dual enrollment program pursuant to s. 1451
1011.62(1)(h) s. 1011.62(1)(i) must enter into a home education 1452
articulation agreement with each home education student seeking 1453
enrollment in a dual enrollment cour se and the student's parent. 1454
By August 1 of each year, the eligible postsecondary institution 1455
shall complete and submit the home education articulation 1456
agreement to the Department of Education. The home education 1457
articulation agreement must include, at a m inimum: 1458
1. A delineation of courses and programs available to 1459
dually enrolled home education students. Courses and programs 1460
may be added, revised, or deleted at any time by the 1461
postsecondary institution. Any course or program limitations may 1462
not exceed the limitations for other dually enrolled students. 1463
2. The initial and continued eligibility requirements for 1464
home education student participation, not to exceed those 1465
required of other dually enrolled students. A high school grade 1466
point average may not be required for home education students 1467
who demonstrate achievement of college -level communication and 1468
computation skills as provided under s. 1008.30(1) or (2); 1469
however, home education student eligibility requirements for 1470
continued enrollment in dual enro llment courses must include the 1471
maintenance of the minimum postsecondary grade point average 1472
established by the postsecondary institution. 1473
3. The student's responsibilities for providing his or her 1474
own transportation. 1475
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 60 of 138
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. A copy of the statement on tran sfer guarantees 1476
developed by the Department of Education under subsection (15). 1477
(21) Each district school superintendent and each public 1478
postsecondary institution president shall develop a 1479
comprehensive dual enrollment articulation agreement for the 1480
respective school district and postsecondary institution. The 1481
superintendent and president shall establish an articulation 1482
committee for the purpose of developing the agreement. Each 1483
state university president may designate a university 1484
representative to parti cipate in the development of a dual 1485
enrollment articulation agreement. A dual enrollment 1486
articulation agreement shall be completed and submitted annually 1487
by the postsecondary institution to the Department of Education 1488
on or before August 1. The agreement m ust include, but is not 1489
limited to: 1490
(n) A funding provision that delineates costs incurred by 1491
each entity. 1492
1. School districts shall pay public postsecondary 1493
institutions the standard tuition rate per credit hour from 1494
funds provided in the Florida Educ ation Finance Program when 1495
dual enrollment course instruction takes place on the 1496
postsecondary institution's campus and the course is taken 1497
during the fall or spring term. When dual enrollment is provided 1498
on the high school site by postsecondary institutio n faculty, 1499
the school district shall reimburse the costs associated with 1500
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 61 of 138
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 postsecondary institution's proportion of salary and 1501
benefits to provide the instruction. When dual enrollment course 1502
instruction is provided on the high school site by school 1503
district faculty, the school district is not responsible for 1504
payment to the postsecondary institution. A postsecondary 1505
institution may enter into an agreement with the school district 1506
to authorize teachers to teach dual enrollment courses at the 1507
high school site or the postsecondary institution. A school 1508
district may not deny a student access to dual enrollment unless 1509
the student is ineligible to participate in the program subject 1510
to provisions specifically outlined in this section. 1511
2. School districts shall pay for the cost of 1512
instructional materials for public high school students who are 1513
earning credit toward high school graduation under the dual 1514
enrollment program. 1515
3.2. Subject to annual appropriation in the General 1516
Appropriations Act, a public postseco ndary institution shall 1517
receive an amount of funding equivalent to the standard tuition 1518
rate per credit hour for each dual enrollment course taken by a 1519
student during the summer term. 1520
(23) District school boards and Florida College System 1521
institutions may enter into additional dual enrollment 1522
articulation agreements with state universities for the purposes 1523
of this section. School districts may also enter into dual 1524
enrollment articulation agreements with eligible independent 1525
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 62 of 138
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
colleges and universities pursu ant to s. 1011.62(1)(h) s. 1526
1011.62(1)(i). By August 1 of each year, the district school 1527
board and the Florida College System institution shall complete 1528
and submit the dual enrollment articulation agreement with the 1529
state university or an eligible independent college or 1530
university, as applicable, to the Department of Education. 1531
(24) 1532
(b) Each public postsecondary institution eligible to 1533
participate in the dual enrollment program pursuant to s. 1534
1011.62(1)(h) s. 1011.62(1)(i) must enter into a priva te school 1535
articulation agreement with each eligible private school in its 1536
geographic service area seeking to offer dual enrollment courses 1537
to its students, including, but not limited to, students with 1538
disabilities. By August 1 of each year, the eligible 1539
postsecondary institution shall complete and submit the private 1540
school articulation agreement to the Department of Education. 1541
The private school articulation agreement must include, at a 1542
minimum: 1543
1. A delineation of courses and programs available to the 1544
private school student. The postsecondary institution may add, 1545
revise, or delete courses and programs at any time. 1546
2. The initial and continued eligibility requirements for 1547
private school student participation, not to exceed those 1548
required of other dual en rollment students. 1549
3. The student's responsibilities for providing his or her 1550
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 63 of 138
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
own transportation. 1551
4. A provision clarifying that the private school will 1552
award appropriate credit toward high school completion for the 1553
postsecondary course under the dual enrollment program. 1554
5. A provision expressing that costs associated with 1555
tuition and fees, including registration, and laboratory fees, 1556
will not be passed along to the student. 1557
(25) For students with disabilities, a postsecondary 1558
institution eligible t o participate in dual enrollment pursuant 1559
to s. 1011.62(1)(h) s. 1011.62(1)(i) shall include in its dual 1560
enrollment articulation agreement, services and resources that 1561
are available to students with disabilities who register in a 1562
dual enrollment course at the eligible institution and provide 1563
information regarding such services and resources to the Florida 1564
Center for Students with Unique Abilities. The Department of 1565
Education shall provide to the center the Internet website link 1566
to dual enrollment articulati on agreements specific to students 1567
with disabilities. The center shall include in the information 1568
that it is responsible for disseminating to students with 1569
disabilities and their parents pursuant to s. 1004.6495, dual 1570
enrollment articulation agreements and opportunities for 1571
meaningful campus experience through dual enrollment. 1572
Section 29. Paragraph (b) of subsection (5) of section 1573
1008.25, Florida Statutes, is amended to read: 1574
1008.25 Public school student progression; student 1575
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 64 of 138
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
support; coordinated scr eening and progress monitoring; 1576
reporting requirements. — 1577
(5) READING DEFICIENCY AND PARENTAL NOTIFICATION. — 1578
(b) A Voluntary Prekindergarten Education Program student 1579
who exhibits a substantial deficiency in early literacy skills 1580
in accordance with the standards under s. 1002.67(1)(a) and 1581
based upon the results of the administration of the final 1582
coordinated screening and progress monitoring under subsection 1583
(8) shall be referred to the local school district and may be 1584
eligible to receive intensive readin g interventions before 1585
participating in kindergarten. Such intensive reading 1586
interventions shall be paid for using funds from the district's 1587
evidence-based reading instruction allocation in accordance with 1588
s. 1011.62(8). 1589
Section 30. Paragraph (d) of su bsection (5) of section 1590
1008.345, Florida Statutes, is amended to read: 1591
1008.345 Implementation of state system of school 1592
improvement and education accountability. — 1593
(5) The commissioner shall annually report to the State 1594
Board of Education and the Legi slature and recommend changes in 1595
state policy necessary to foster school improvement and 1596
education accountability. The report shall include: 1597
(d) Based upon a review of each school district's reading 1598
instruction plan submitted pursuant to s. 1003.4201 s. 1599
1011.62(8), intervention and support strategies used by school 1600
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 65 of 138
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
districts that were effective in improving the reading 1601
performance of students, as indicated by student performance 1602
data, who are identified as having a substantial reading 1603
deficiency pursuant to s. 1008.25(5)(a). 1604
1605
School reports shall be distributed pursuant to this subsection 1606
and s. 1001.42(18)(c) and according to rules adopted by the 1607
State Board of Education. 1608
Section 31. Subsections (2), (3), and (5) of section 1609
1008.365, Florida Statutes, are amended to read: 1610
1008.365 Reading Achievement Initiative for Scholastic 1611
Excellence Act.— 1612
(2) The Reading Achievement Initiative for Scholastic 1613
Excellence (RAISE) Program is established within the Department 1614
of Education to provide instructional supports to school 1615
districts, school administrators, and instructional personnel in 1616
implementing: 1617
(a) Evidence-based reading instruction proven to 1618
accelerate progress of students exhibiting a reading deficiency. 1619
(b) Differentiated instruction based on screening, 1620
diagnostic, progress monitoring, or student assessment data to 1621
meet students' specific reading needs. 1622
(c) Explicit and systematic reading strategies to develop 1623
phonemic awareness, phonics, fluency, vocabulary, and 1624
comprehension with more exten sive opportunities for guided 1625
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 66 of 138
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
practice, error correction, and feedback and interventions in 1626
order to improve student reading achievement . 1627
(3) The department shall establish at least 20 literacy 1628
support regions and regional support teams, at the direction of 1629
a regional literacy support director appointed by the 1630
Commissioner of Education, to assist schools with improving low 1631
reading scores as provided in this section. 1632
(a) A regional literacy support director must successfully 1633
demonstrate competence on the evidence-based strategies 1634
identified pursuant to s. 1001.215(7) s. 1001.215(8) and have 1635
the experience and credentials necessary, as determined by the 1636
department, to: 1637
1. Effectively monitor student reading growth and 1638
achievement data; 1639
2. Oversee districtwide and schoolwide professional 1640
development and planning to establish evidence -based practices 1641
among school administrators and instructional personnel; 1642
3. Evaluate implementation of evidence -based practices; 1643
and 1644
4. Manage a regional support team. 1645
(b) A regional support team shall report to its regional 1646
literacy support director and must consist of individuals who: 1647
1. Successfully demonstrate competence on the evidence -1648
based strategies identified pursuant to s. 1001.215(7) s. 1649
1001.215(8); 1650
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 67 of 138
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. Have substantial experience in literacy coaching and 1651
monitoring student progress data in reading; and 1652
3. Have received training necessary to assist with the 1653
delivery of professional development and site -based supports, 1654
including modeling evidence -based practices and providing 1655
feedback to instructional personnel. 1656
(5) The department shall provide progress monitoring data 1657
to regional support teams regarding the implementation of 1658
supports. Such supports must include: 1659
(a) Professional development, aligned to evidence-based 1660
strategies identified pursuant to s. 1001.215(7) s. 1001.215(8), 1661
for appropriate instructional personnel and school 1662
administrators identified by the regional support team. 1663
(b) Assistance with implementing: 1664
1. Data-informed instructional decisionmaking using 1665
progress monitoring and other appropriate data. 1666
2. Selection and consistent, coordinated use of 1667
scientifically researched and evidence -based high-quality 1668
instructional materials and supplemental materials as identified 1669
by the Just Read, Florida! Office pursuant to s. 1001.215(8) . 1670
3. Reading instruction in other core subject area 1671
curricula, with an emphasis on civic literacy. 1672
4. A multitiered system of supports in order to provide 1673
students effective interventions and identify stud ents who may 1674
require an evaluation for special educational services, 1675
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 68 of 138
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
including identifying characteristics of conditions that affect 1676
phonological processing, such as dyslexia. 1677
(c) Evaluating a school's improvement plan for alignment 1678
with the school distr ict's K-12 comprehensive reading 1679
instruction plan under s. 1003.4201 s. 1011.62(8)(d) and the 1680
school district's allocation of resources as required by s. 1681
1008.25(3)(a). If the regional support team determines that the 1682
school district's reading instruction plan does not address the 1683
school's need to improve student outcomes, the regional literacy 1684
support director, the district school superintendent, or his or 1685
her designee, and the director of the Just Read, Florida! Office 1686
shall convene a meeting to rectify t he deficiencies of the 1687
reading instruction plan. 1688
Section 32. Subsection (1) of section 1008.44, Florida 1689
Statutes, is amended to read: 1690
1008.44 CAPE Industry Certification Funding List. — 1691
(1) The State Board of Education shall adopt, at least 1692
annually, based upon recommendations by the Commissioner of 1693
Education, the CAPE Industry Certification Funding List that 1694
assigns additional full -time equivalent membership to 1695
certifications identified in the Master Credentials List under 1696
s. 445.004(4) that meets a statewide, regional, or local demand, 1697
and courses that lead to such certifications, in accordance with 1698
s. 1011.62(1)(n) s. 1011.62(1)(o). Additional full-time 1699
equivalent membership funding for regional and local demand 1700
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 69 of 138
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
certifications and courses that lead to such certifications may 1701
only be earned in those areas with regional or local demand as 1702
identified by the Credentials Review Committee. The CAPE 1703
Industry Certification Funding List may include the following 1704
certificates, certifications, and courses: 1705
(a) CAPE industry certifications identified as credentials 1706
of value that meet the framework of quality under s. 445.004(4), 1707
that must be applied in the distribution of funding to school 1708
districts under s. 1011.62(1)(n) s. 1011.62(1)(o). The CAPE 1709
Industry Certification Funding List shall incorporate by 1710
reference the industry certifications on the career pathways 1711
list approved for the Florida Gold Seal CAPE Scholars award. 1712
(b) CAPE Digital Tool certificates under s. 1003.4203(3) 1713
that do not articulate for co llege credit. The certificates 1714
shall be made available to students in elementary school and 1715
middle school grades and, if earned by a student, shall be 1716
eligible for additional full -time equivalent membership under s. 1717
1011.62(1)(n)1. s. 1011.62(1)(o)1. 1718
(c) CAPE ESE Digital Tool certificates, workplace industry 1719
certifications, and OSHA industry certifications for students 1720
with disabilities under s. 1003.4203(2). Such certificates and 1721
certifications shall, if earned by a student, be eligible for 1722
additional full-time equivalent membership under s. 1723
1011.62(1)(n)1. s. 1011.62(1)(o)1. 1724
(d) CAPE Innovation Courses that combine academic and 1725
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 70 of 138
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
career performance outcomes with embedded industry 1726
certifications under s. 1003.4203(5)(a). Such courses shall, if 1727
completed by a student, be eligible for additional full -time 1728
equivalent membership under s. 1011.62(1)(n)1. s. 1729
1011.62(1)(o)1. 1730
(e) CAPE Acceleration Industry Certifications that 1731
articulate for 15 or more college credit hours under s. 1732
1003.4203(5)(b). Such certifications shall, if successfully 1733
completed, be eligible for additional full -time equivalent 1734
membership under s. 1011.62(1)(n)1. s. 1011.62(1)(o)1. 1735
(f) The Commissioner of Education shall conduct a review 1736
of the methodology used to determine additional full -time 1737
equivalent membership weights assigned in s. 1011.62(1)(n) s. 1738
1011.62(1)(o) and, if necessary, recommend revised weights. The 1739
weights must factor in the prioritization of critical shortages 1740
of labor market demand and middle -level to high-level wage 1741
earning outcomes as identified by the Credentials Review 1742
Committee under s. 445.004. The results of the review and the 1743
commissioner's recommendations must be submitted to the 1744
Governor, the President of the Senate, and the Speaker of the 1745
House of Representatives no later than December 1, 2021. 1746
Section 33. Paragraph (a) of subsection (2) and paragraph 1747
(b) of subsection (3) of section 1010.20, Florida Statutes, are 1748
amended to read: 1749
1010.20 Cost accounting and reporting for school 1750
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 71 of 138
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
districts.— 1751
(2) COST REPORTING. — 1752
(a) Each district shall report on a district -aggregate 1753
basis expenditures for inservice training p ursuant to s. 1754
1011.62(3) and for categorical programs as provided in s. 1755
1011.62(12) s. 1011.62(6). 1756
(3) PROGRAM EXPENDITURE REQUIREMENTS. — 1757
(b) Funds for inservice training established in s. 1758
1011.62(3) and for categorical programs established in s. 1759
1011.62(12) s. 1011.62(6) shall be expended for the costs of the 1760
identified programs as provided by law and in accordance with 1761
the rules of the State Board of Education. 1762
Section 34. Subsection (4) of section 1011.60, Florida 1763
Statutes, is amended to read: 1764
1011.60 Minimum requirements of the Florida Education 1765
Finance Program.—Each district which participates in the state 1766
appropriations for the Florida Education Finance Program shall 1767
provide evidence of its effort to maintain an adequate school 1768
program throughout the district and shall meet at least the 1769
following requirements: 1770
(4) SALARY SCHEDULES. —Expend funds for salaries in 1771
accordance with a salary schedule or schedules adopted by the 1772
school board in accordance with the provisions of law and rules 1773
of the State Board of Education. 1774
(a) The minimum base salary reported on a performance 1775
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 72 of 138
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
salary schedule as defined in s. 1012.22(1)(c)1.d. for a full -1776
time classroom teacher as defined in s. 1012.01(2)(a) and a 1777
certified prekindergarten teacher funded in the Flo rida 1778
Education Finance Program shall be at least $47,500 or the 1779
maximum amount achievable by the district school board based on 1780
the amount of the school district's Florida Education Finance 1781
Program funds as provided in the General Appropriations Act. 1782
(b) Expenditures for salaries of instructional personnel 1783
must include compensation based on employee performance 1784
demonstrated under s. 1012.34. 1785
Section 35. Subsection (5) of section 1011.61, Florida 1786
Statutes, is amended to read: 1787
1011.61 Definitions. —Notwithstanding the provisions of s. 1788
1000.21, the following terms are defined as follows for the 1789
purposes of the Florida Education Finance Program: 1790
(5) The "Florida Education Finance Program" includes all 1791
programs and costs as provided in ss. 1003.03, 1011.62, 1011.68, 1792
and 1011.685 s. 1011.62. 1793
Section 36. Paragraphs (g) through (t) subsection (1) of 1794
section 1011.62, Florida Statutes, are redesignated as 1795
paragraphs (f) through (s), respectively, present paragraphs 1796
(d), (e), (f), and (s) of subsection (1), subsections (2) and 1797
(3), paragraph (a) of subsection (4), subsection (5), and 1798
present subsections (6) through (9) and (11) through (17) are 1799
amended, and a new paragraph (e) is added to subsection (1) and 1800
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 73 of 138
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
new subsections (6) through (8) and subsections (12) and (14) 1801
are added to that section, to read: 1802
1011.62 Funds for operation of schools. —If the annual 1803
allocation from the Florida Education Finance Program to each 1804
district for operation of schools is not determined in the 1805
annual appropriations act or the substantive bill implementing 1806
the annual appropriations act, it shall be determined as 1807
follows: 1808
(1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR 1809
OPERATION.—The following procedure shall be followed in 1810
determining the annual allocation to each distr ict for 1811
operation: 1812
(d) Annual allocation calculation. — 1813
1. The Department of Education is authorized and directed 1814
to review all district programs and enrollment projections and 1815
calculate a maximum total weighted full -time equivalent student 1816
enrollment for each district for the K -12 FEFP. 1817
2. Maximum enrollments calculated by the department shall 1818
be derived from enrollment estimates used by the Legislature to 1819
calculate the FEFP. If two or more districts enter into an 1820
agreement under the provisions of s. 1001.42(4)(d), after the 1821
final enrollment estimate is agreed upon, the amount of FTE 1822
specified in the agreement, not to exceed the estimate for the 1823
specific program as identified in paragraph (c), may be 1824
transferred from the participating districts to the district 1825
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 74 of 138
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
providing the program. 1826
3. As part of its calculation of each district's maximum 1827
total weighted full-time equivalent student enrollment, the 1828
department shall establish separate enrollment ceilings for each 1829
of two program groups. Group 1 shall be composed of basic 1830
programs for grades K -3, grades 4-8, and grades 9-12. Group 2 1831
shall be composed of students in exceptional student education 1832
programs support levels IV and V, English for Speakers of Other 1833
Languages programs, and all career programs in gr ades 9-12. 1834
a. For any calculation of the FEFP, the enrollment ceiling 1835
for group 1 shall be calculated by multiplying the actual 1836
enrollment for each program in the program group by its 1837
appropriate program weight. 1838
b. The weighted enrollment ceiling for g roup 2 programs 1839
shall be calculated by multiplying the enrollment for each 1840
program by the appropriate program weight as provided in the 1841
General Appropriations Act. The weighted enrollment ceiling for 1842
program group 2 shall be the sum of the weighted enrollm ent 1843
ceilings for each program in the program group, plus the 1844
increase in weighted full -time equivalent student membership 1845
from the prior year for clients of the Department of Children 1846
and Families and the Department of Juvenile Justice. 1847
c. If, for any calculation of the FEFP, the weighted 1848
enrollment for program group 2, derived by multiplying actual 1849
enrollments by appropriate program weights, exceeds the 1850
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 75 of 138
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
enrollment ceiling for that group, the following procedure shall 1851
be followed to reduce the weighted en rollment for that group to 1852
equal the enrollment ceiling: 1853
(I) The weighted enrollment ceiling for each program in 1854
the program group shall be subtracted from the weighted 1855
enrollment for that program derived from actual enrollments. 1856
(II) If the difference calculated under sub -sub-1857
subparagraph (I) is greater than zero for any program, a 1858
reduction proportion shall be computed for the program by 1859
dividing the absolute value of the difference by the total 1860
amount by which the weighted enrollment for the program group 1861
exceeds the weighted enrollment ceiling for the program group. 1862
(III) The reduction proportion calculated under sub -sub-1863
subparagraph (II) shall be multiplied by the total amount of the 1864
program group's enrollment over the ceiling as calculated under 1865
sub-sub-subparagraph (I). 1866
(IV) The prorated reduction amount calculated under sub -1867
sub-subparagraph (III) shall be subtracted from the program's 1868
weighted enrollment to produce a revised program weighted 1869
enrollment. 1870
(V) The prorated reduction amount calculated under sub -1871
sub-subparagraph (III) shall be divided by the appropriate 1872
program weight, and the result shall be added to the revised 1873
program weighted enrollment computed in sub -sub-subparagraph 1874
(IV). 1875
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 76 of 138
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)(e) Funding model for exceptional student e ducation 1876
programs.—The funding model for exceptional student education 1877
programs shall include all of the following: 1878
1.1.a. For programs for exceptional students in The 1879
funding model uses basic, at -risk, support levels IV and V as 1880
established in paragraph (c), the funding model shall include 1881
program for exceptional students and career Florida Education 1882
Finance Program cost factors, and a guaranteed allocation for 1883
exceptional student education programs . 1884
a. Exceptional education cost factors are determine d by 1885
using a matrix of services to document the services that each 1886
support level IV and support level V exceptional student will 1887
receive. The nature and intensity of the services indicated on 1888
the matrix shall be consistent with the services described in 1889
each exceptional student's individual educational plan. The 1890
Department of Education shall review and revise the descriptions 1891
of the services and supports included in the matrix of services 1892
for exceptional students and shall implement those revisions 1893
before the beginning of the 2012 -2013 school year. 1894
b. In order to generate funds using one of the two 1895
weighted cost factors, a matrix of services must be completed at 1896
the time of the student's initial placement into an exceptional 1897
student education program and a t least once every 3 years by 1898
personnel who have received approved training. Nothing listed in 1899
the matrix shall be construed as limiting the services a school 1900
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 77 of 138
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
district must provide in order to ensure that exceptional 1901
students are provided a free, appropria te public education. 1902
c. Students identified as exceptional, in accordance with 1903
chapter 6A-6, Florida Administrative Code, who do not have a 1904
matrix of services as specified in sub -subparagraph b. shall 1905
generate funds on the basis of full -time-equivalent student 1906
membership in the Florida Education Finance Program at the same 1907
funding level per student as provided for basic students. 1908
Additional funds for these exceptional students will be provided 1909
through the guaranteed allocation designated in subparagraph 2 . 1910
2. For students identified as exceptional in accordance 1911
with chapter 6A-6, Florida Administrative Code, who do not have 1912
a matrix of services as specified in subparagraph 1. and for 1913
students who are gifted in grades kindergarten K through 8, the 1914
funding model shall include the funds generated on the basis of 1915
full-time equivalent student membership in the Florida Education 1916
Finance Program at the same funding level per student as 1917
provided for a basic student and additional funds provided by 1918
the exceptional student education guaranteed allocation 1919
established pursuant to subsection (8). 1920
(e) Calculation of additional full -time equivalent 1921
membership for small school district exceptional student 1922
education.—An additional value per full -time equivalent student 1923
membership is provided to school districts with a full -time 1924
equivalent student membership of fewer than 10,000 and fewer 1925
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 78 of 138
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
than three full-time equivalent students in exceptional student 1926
education support levels IV and V. The Department of Education 1927
shall set the amount of the additional value based on documented 1928
evidence of the difference between the cost of the school 1929
district's exceptional student education support levels IV and V 1930
services and the applicable Florida Education Finance Program 1931
funds appropriated in the General Appropriations Act. The total 1932
statewide value may not exceed a value per weighted full -time 1933
equivalent student as specified in the General Appropriations 1934
Act. The additional value for an eligible school district shall 1935
not exceed three full-time equivalent students for each of the 1936
exceptional student education support levels IV and V there is 1937
created a guaranteed allocation to provide these students with a 1938
free appropriate public education, in accordance with s. 1939
1001.42(4)(l) and rules of the State Board of Education, which 1940
shall be allocated initially to each school district in the 1941
amount provided in the General Appropriations Act. These funds 1942
shall be supplemental to the funds appropriated for the basic 1943
funding level, and the amount alloc ated for each school district 1944
shall be recalculated during the year, based on actual student 1945
membership from FTE surveys. Upon recalculation, if the 1946
generated allocation is greater than the amount provided in the 1947
General Appropriations Act, the total shall be prorated to the 1948
level of the appropriation based on each district's share of the 1949
total recalculated amount. These funds shall be used to provide 1950
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 79 of 138
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
special education and related services for exceptional students 1951
and students who are gifted in grades K thr ough 8. A district's 1952
expenditure of funds from the guaranteed allocation for students 1953
in grades 9 through 12 who are gifted may not be greater than 1954
the amount expended during the 2006 -2007 fiscal year for gifted 1955
students in grades 9 through 12 . 1956
(f) Supplemental academic instruction allocation. — 1957
1. There is created the supplemental academic instruction 1958
allocation to provide supplemental academic instruction to 1959
students in kindergarten through grade 12. 1960
2. The supplemental academic instruction allocatio n shall 1961
be provided annually in the Florida Education Finance Program as 1962
specified in the General Appropriations Act. These funds are in 1963
addition to the funds appropriated on the basis of FTE student 1964
membership in the Florida Education Finance Program and shall be 1965
included in the total potential funds of each district. 1966
Beginning with the 2018 -2019 fiscal year, each school district 1967
that has a school earning a grade of "D" or "F" pursuant to s. 1968
1008.34 must use that school's portion of the supplemental 1969
academic instruction allocation to implement intervention and 1970
support strategies for school improvement pursuant to s. 1008.33 1971
and for salary incentives pursuant to s. 1012.2315(3) or salary 1972
supplements pursuant to s. 1012.22(1)(c)5.c. that are provided 1973
through a memorandum of understanding between the collective 1974
bargaining agent and the school board that addresses the 1975
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 80 of 138
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
selection, placement, and expectations of instructional 1976
personnel and school administrators. For all other schools, the 1977
school district's use of t he supplemental academic instruction 1978
allocation may include, but is not limited to, the use of a 1979
modified curriculum; reading instruction; after -school 1980
instruction; tutoring; mentoring; a reduction in class size; 1981
extended school year; intensive skills deve lopment in summer 1982
school; dropout prevention programs as defined in ss. 1003.52 1983
and 1003.53(1)(a), (b), and (c); and other methods of improving 1984
student achievement. Supplemental academic instruction may be 1985
provided to a student in any manner and at any tim e during or 1986
beyond the regular 180 -day term identified by the school as 1987
being the most effective and efficient way to best help that 1988
student progress from grade to grade and to graduate. 1989
3. The supplemental academic instruction allocation shall 1990
consist of a base amount that has a workload adjustment based on 1991
changes in unweighted FTE. The supplemental academic instruction 1992
allocation shall be recalculated during the fiscal year. Upon 1993
recalculation of funding for the supplemental academic 1994
instruction allocation, if the total allocation is greater than 1995
the amount provided in the General Appropriations Act, the 1996
allocation shall be prorated to the level provided to support 1997
the appropriation, based on each district's share of the total. 1998
4. Funding on the basis of FTE membership beyond the 180 -1999
day regular term shall be provided in the FEFP only for students 2000
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 81 of 138
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 juvenile justice education programs or in education 2001
programs for juveniles placed in secure facilities or programs 2002
under s. 985.19. Funding for i nstruction beyond the regular 180 -2003
day school year for all other K -12 students shall be provided 2004
through the supplemental academic instruction allocation and 2005
other state, federal, and local fund sources with ample 2006
flexibility for schools to provide suppleme ntal instruction to 2007
assist students in progressing from grade to grade and 2008
graduating. 2009
(r)(s) Determination of the basic amount for current 2010
operation.—The basic amount for current operation to be included 2011
in the Florida Education Finance Program for kind ergarten 2012
through grade 12 for each district shall be the product of the 2013
following: 2014
1. The full-time equivalent student membership in each 2015
program, multiplied by 2016
2. The cost factor for each program, adjusted for the 2017
maximum as provided by paragraph (c), multiplied by 2018
3. The comparable wage factor district cost differential , 2019
multiplied by 2020
4. The base student allocation. 2021
(2) DETERMINATION OF COMPARABLE WAGE FACTOR DISTRICT COST 2022
DIFFERENTIALS.— 2023
(a) The Commissioner of Education shall annually comput e 2024
for each district the current year's comparable wage factor 2025
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 82 of 138
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
district cost differential . The comparable wage factor district 2026
cost differential shall be calculated by adding each district's 2027
price level index as published in the Florida Price Level Index 2028
for the most recent 3 years and dividing the resulting sum by 3. 2029
The result for each district shall be multiplied by 0.008 and to 2030
the resulting product shall be added 0.200; the sum thus 2031
obtained shall be the comparable wage factor cost differential 2032
for that district for that year. 2033
(b) The comparable wage factor for each school district is 2034
used in the calculation of the basic amount for current 2035
operation pursuant to subsection (1) if the comparable wage 2036
factor is greater than 1.000. 2037
(c) The limitation a uthorized in paragraph (b) applies to 2038
any categorical funding provided in the Florida Education 2039
Finance Program that has a calculation methodology that includes 2040
the comparable wage factor. 2041
(3) INSERVICE EDUCATIONAL PERSONNEL TRAINING EXPENDITURE. —2042
Of the amount computed in subsection (1) subsections (1) and 2043
(2), a percentage of the basic amount for current operation base 2044
student allocation per full -time equivalent student or other 2045
funds shall be expended for educational training programs as 2046
determined by the district school board as provided in s. 2047
1012.98. 2048
(4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT. —The 2049
Legislature shall prescribe the aggregate required local effort 2050
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 83 of 138
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
for all school districts collectively as an item in the General 2051
Appropriations Act for each fiscal year. The amount that each 2052
district shall provide annually toward the cost of the Florida 2053
Education Finance Program for kindergarten through grade 12 2054
programs shall be calculated as follows: 2055
(a) Estimated taxable value calculations. — 2056
1.a. Not later than 2 working days before July 19, the 2057
Department of Revenue shall certify to the Commissioner of 2058
Education its most recent estimate of the taxable value for 2059
school purposes in each school district and the total for all 2060
school districts in t he state for the current calendar year 2061
based on the latest available data obtained from the local 2062
property appraisers. The value certified shall be the taxable 2063
value for school purposes for that year, and no further 2064
adjustments shall be made, except those made pursuant to 2065
paragraphs (c) and (d), or an assessment roll change required by 2066
final judicial decisions as specified in paragraph (13)(b) 2067
(15)(b). Not later than July 19, the Commissioner of Education 2068
shall compute a millage rate, rounded to the next hi ghest one 2069
one-thousandth of a mill, which, when applied to 96 percent of 2070
the estimated state total taxable value for school purposes, 2071
would generate the prescribed aggregate required local effort 2072
for that year for all districts. The Commissioner of Educati on 2073
shall certify to each district school board the millage rate, 2074
computed as prescribed in this subparagraph, as the minimum 2075
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 84 of 138
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
millage rate necessary to provide the district required local 2076
effort for that year. 2077
b. The General Appropriations Act shall direc t the 2078
computation of the statewide adjusted aggregate amount for 2079
required local effort for all school districts collectively from 2080
ad valorem taxes to ensure that no school district's revenue 2081
from required local effort millage will produce more than 90 2082
percent of the district's total Florida Education Finance 2083
Program calculation as calculated and adopted by the 2084
Legislature, and the adjustment of the required local effort 2085
millage rate of each district that produces more than 90 percent 2086
of its total Florida Ed ucation Finance Program entitlement to a 2087
level that will produce only 90 percent of its total Florida 2088
Education Finance Program entitlement in the July calculation. 2089
2. On the same date as the certification in sub -2090
subparagraph 1.a., the Department of Reve nue shall certify to 2091
the Commissioner of Education for each district: 2092
a. Each year for which the property appraiser has 2093
certified the taxable value pursuant to s. 193.122(2) or (3), if 2094
applicable, since the prior certification under sub -subparagraph 2095
1.a. 2096
b. For each year identified in sub -subparagraph a., the 2097
taxable value certified by the appraiser pursuant to s. 2098
193.122(2) or (3), if applicable, since the prior certification 2099
under sub-subparagraph 1.a. This is the certification that 2100
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 85 of 138
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
reflects all final administrative actions of the value 2101
adjustment board. 2102
(5) DISCRETIONARY MILLAGE COMPRESSION SUPPLEMENT. —The 2103
Legislature shall prescribe in the General Appropriations Act, 2104
pursuant to s. 1011.71(1), the rate of nonvoted current 2105
operating discretionary mi llage that shall be used to calculate 2106
a discretionary millage compression supplement. If the 2107
prescribed millage generates an amount of funds per unweighted 2108
full-time equivalent student FTE for the district that is less 2109
than the state average, the district shall receive an amount per 2110
full-time equivalent student FTE that, when added to the funds 2111
per full-time equivalent student FTE generated by the designated 2112
levy, shall equal the state average. 2113
(6) STATE-FUNDED DISCRETIONARY CONTRIBUTION. —The state-2114
funded discretionary contribution is created to fund the 2115
nonvoted discretionary millage for operations pursuant to s. 2116
1011.71(1) and (3) for developmental research schools (lab 2117
schools) established in s. 1002.32 and the Florida Virtual 2118
School established in s. 1002.37. 2119
(a) To calculate the state -funded discretionary 2120
contribution for lab schools, multiply the maximum allowable 2121
nonvoted discretionary millage for operations pursuant to s. 2122
1011.71(1) and (3) by the value of 96 percent of the current 2123
year's taxable value for school purposes for the school district 2124
in which the lab school is located; divide the result by the 2125
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 86 of 138
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 full-time equivalent membership of the school district; 2126
and multiply the result by the full -time equivalent membership 2127
of the lab school. The amount obtained shall be appropriated in 2128
the General Appropriations Act to the Lab School Trust Fund 2129
established pursuant to s. 1002.32(9). 2130
(b) To calculate the state -funded discretionary 2131
contribution for the Florida Virtual School, multiply the 2132
maximum allowable nonvoted discretionary millage for operations 2133
pursuant to s. 1011.71(1) and (3) by the value of 96 percent of 2134
the current year's taxable value for school purposes for the 2135
state; divide the result by the total full -time equivalent 2136
membership of the state; and multiply the result by the full -2137
time equivalent membership of the Florida Virtual School. 2138
(7) SUPPLEMENTAL ACADEMIC AND SUPPORT SERVICES 2139
ALLOCATION.—There is created the supplemental academic and 2140
support services allocation to assist school districts in 2141
providing academic enrichment activities and services that are 2142
in addition to instruction provided in the classroom and that 2143
must be designed to increase the academic achievement of 2144
students in grades kindergarten through 12. Supplemen tal 2145
academic and support services may be provided to a student in a 2146
manner and at any time during or beyond the regular 180 -day term 2147
identified by the school district as being the most effective 2148
and efficient way to best help the student progress from grad e 2149
to grade and graduate from high school. 2150
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 87 of 138
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)1. District-managed turnaround schools as identified in 2151
s. 1008.33(4)(a), schools that earn three consecutive grades 2152
below a "C," as identified in s. 1008.33(4)(b)3., and schools 2153
that have improved to a "C" and are no longer in turnaround 2154
status, as identified in s. 1008.33(4)(c), must use their 2155
portion of the supplemental academic and support services 2156
allocation to implement the intervention and support strategies 2157
identified in the turnaround plan submitted pursuant to s. 2158
1008.33. 2159
2. Services funded by the allocation may include, but are 2160
not limited to, tutorial and afterschool programs, student 2161
counseling, nutrition education, parental counseling, and an 2162
extended school day and school year. In addition, se rvices may 2163
include models that develop a culture that encourages students 2164
to complete high school and to attend college or career 2165
training, set high academic expectations, and inspire character 2166
development. 2167
3. A school district may enter into a formal ag reement 2168
with a nonprofit organization that has tax -exempt status under 2169
s. 501(c)3 of the Internal Revenue Code to implement an 2170
integrated student support service model that provides students 2171
and families with access to wrap -around services, including, but 2172
not limited to, health services, after -school programs, drug 2173
prevention programs, college and career readiness programs, and 2174
food and clothing banks. 2175
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 88 of 138
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) For all other schools, the school district's use of 2176
the supplemental academic and support services a llocation may 2177
include, but is not limited to, the use of a modified curriculum 2178
and instructional materials; reading instruction; after -school 2179
instruction; tutoring; mentoring; extended school year; 2180
intensive skills development in summer school; dropout 2181
prevention programs as defined in ss. 1003.52 and 1003.53(1)(a), 2182
(b), and (c); and other supplemental academic enrichment 2183
activities and services designed to improve student achievement. 2184
These funds are in addition to the basic amount for current 2185
operations in the Florida Education Finance Program as 2186
determined in subsection (1). 2187
(c) For fiscal year 2023 -2024, the supplemental academic 2188
and support services allocation shall consist of a base amount 2189
as specified in the General Appropriations Act. Beginning in 2190
fiscal year 2024-2025, the supplemental academic and support 2191
services allocation shall consist of the base amount that 2192
includes a workload adjustment based on changes in the 2193
unweighted full-time equivalent membership. The allocation shall 2194
be recalculated during the fiscal year pursuant to s. 2195
1001.62(1)(a). If the recalculated amount is greater than the 2196
amount provided in the General Appropriations Act, the 2197
allocation shall be prorated to the level provided to support 2198
the appropriation, based on each school district's proportionate 2199
share of the total allocation. 2200
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 89 of 138
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) Funding on the basis of full -time equivalent 2201
membership beyond the 180 -day regular term shall be provided in 2202
the Florida Education Finance Program only for students enrolled 2203
in juvenile justice education programs or in education programs 2204
for juveniles placed in secure facilities or programs pursuant 2205
to s. 985.19. Funding for instruction beyond the regular 180 -day 2206
school year for all other kindergarten through grade 12 students 2207
shall be provided through the supplemental academic and support 2208
services allocation and other state, federal, and local funding 2209
sources with flexibility for schools to provide supplemental 2210
academic and support services to assist students in grades 2211
kindergarten through 12. 2212
(8) EXCEPTIONAL STUDENT EDUCATION GUARANTEED ALLOCATION. —2213
The exceptional student education guaranteed allocation is 2214
created to fund the additional costs of programs for exceptional 2215
students specified in subparagraph (1)(d)2. and shall be 2216
supplemental to the funds appropriated in the Florida Education 2217
Finance Program for the basic student funding level. 2218
(a) The amount of each school district's exceptional 2219
student education guaranteed allocation shall be the greater of 2220
either the school district's prior ye ar exceptional student 2221
education guaranteed allocation funds per eligible full -time 2222
equivalent student or the exceptional student education 2223
guaranteed allocation factor as specified in the General 2224
Appropriations Act multiplied by the school district's tota l 2225
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 90 of 138
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
number of eligible full -time equivalent students. 2226
(b) The exceptional student education guaranteed 2227
allocation shall be recalculated during the fiscal year based on 2228
actual full-time equivalent student membership. If the 2229
recalculated amount is greater t han the amount provided in the 2230
General Appropriations Act, the total shall be prorated to the 2231
level of the appropriation based on each school district's share 2232
of the total recalculated allocation amount. 2233
(6) CATEGORICAL FUNDS. — 2234
(a) In addition to the b asic amount for current operations 2235
for the FEFP as determined in subsection (1), the Legislature 2236
may appropriate categorical funding for specified programs, 2237
activities, or purposes. 2238
(b) If a district school board finds and declares in a 2239
resolution adopted at a regular meeting of the school board that 2240
the funds received for any of the following categorical 2241
appropriations are urgently needed to maintain school board 2242
specified academic classroom instruction or improve school 2243
safety, the school board may cons ider and approve an amendment 2244
to the school district operating budget transferring the 2245
identified amount of the categorical funds to the appropriate 2246
account for expenditure: 2247
1. Funds for student transportation. 2248
2. Funds for instructional materials if a ll instructional 2249
material purchases necessary to provide updated materials that 2250
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 91 of 138
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
are aligned with applicable state standards and course 2251
descriptions and that meet statutory requirements of content and 2252
learning have been completed for that fiscal year, but n o sooner 2253
than March 1. Funds available after March 1 may be used to 2254
purchase computers and device hardware for student instruction 2255
that comply with the requirements of s. 1001.20(4)(a)1.b. 2256
3. Funds for the guaranteed allocation as provided in 2257
subparagraph (1)(e)2. 2258
4. Funds for the supplemental academic instruction 2259
allocation as provided in paragraph (1)(f). 2260
5. Funds for the federally connected student supplement as 2261
provided in subsection (10). 2262
6. Funds for class size reduction as provided in s. 2263
1011.685. 2264
(c) Each district school board shall include in its annual 2265
financial report to the Department of Education the amount of 2266
funds the school board transferred from each of the categorical 2267
funds identified in this subsection and the specific academic 2268
classroom instruction or school safety need for which the 2269
transferred funds were expended. The Department of Education 2270
shall provide instructions and specify the format to be used in 2271
submitting this required information as a part of the district 2272
annual financial report. The Department of Education shall 2273
submit a report to the Legislature that identifies by district 2274
and by categorical fund the amount transferred and the specific 2275
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 92 of 138
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
academic classroom activity or school safety need for which the 2276
funds were expended. 2277
(7) DETERMINATION OF SPARSITY SUPPLEMENT. — 2278
(a) Annually, in an amount to be determined by the 2279
Legislature through the General Appropriations Act, there shall 2280
be added to the basic amount for current operation of the FEFP 2281
qualified districts a spa rsity supplement which shall be 2282
computed as follows: 2283
2284
Sparsity Factor = 1101.8918 – 0.1101
2285
2700 + district
sparsity
index
2286
except that districts with a sparsity index of 1,000 or less 2287
shall be computed as having a sparsity index of 1,000, and 2288
districts having a sparsity index of 7,308 and above shall be 2289
computed as having a sparsity factor of zero. A qualified 2290
district's full-time equivalent student membership shall equal 2291
or be less than that prescribed annually by the Legislature in 2292
the appropriations act. The amount prescribed annually by the 2293
Legislature shall be no less than 17,000, but no more than 2294
30,000. 2295
(b) The district sparsity index shall be computed by 2296
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 93 of 138
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
dividing the total number of full -time equivalent students in 2297
all programs in the district by the number of senior high school 2298
centers in the district, not in excess of three, which centers 2299
are approved as permanent centers by a survey made by the 2300
Department of Education. For districts with a full -time 2301
equivalent student membership of a t least 20,000, but no more 2302
than 30,000, the index shall be computed by dividing the total 2303
number of full-time equivalent students in all programs by the 2304
number of permanent senior high school centers in the district, 2305
not in excess of four. 2306
(c) If the sparsity supplement calculated in paragraphs 2307
(a) and (b) for an eligible district is less than $100 per full -2308
time equivalent student, the district's supplement shall be 2309
increased to $100 per FTE or to the minimum amount per FTE 2310
designated in the General Appr opriations Act. 2311
(d) Each district's allocation of sparsity supplement 2312
funds shall be adjusted in the following manner: 2313
1. A maximum discretionary levy per FTE value for each 2314
district shall be calculated by dividing the value of each 2315
district's maximum discretionary levy by its FTE student count. 2316
2. A state average discretionary levy value per FTE shall 2317
be calculated by dividing the total maximum discretionary levy 2318
value for all districts by the state total FTE student count. 2319
3. A total potential fun ds per FTE for each district shall 2320
be calculated by dividing the total potential funds, not 2321
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 94 of 138
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
including Florida School Recognition Program funds and the 2322
minimum guarantee funds, for each district by its FTE student 2323
count. 2324
4. A state average total potential funds per FTE shall be 2325
calculated by dividing the total potential funds, not including 2326
Florida School Recognition Program funds and the minimum 2327
guarantee funds, for all districts by the state total FTE 2328
student count. 2329
5. For districts that have a levy va lue per FTE as 2330
calculated in subparagraph 1. higher than the state average 2331
calculated in subparagraph 2., a sparsity wealth adjustment 2332
shall be calculated as the product of the difference between the 2333
state average levy value per FTE calculated in subparagr aph 2. 2334
and the district's levy value per FTE calculated in subparagraph 2335
1. and the district's FTE student count and -1. However, no 2336
district shall have a sparsity wealth adjustment that, when 2337
applied to the total potential funds calculated in subparagraph 2338
3., would cause the district's total potential funds per FTE to 2339
be less than the state average calculated in subparagraph 4. 2340
6. Each district's sparsity supplement allocation shall be 2341
calculated by adding the amount calculated as specified in 2342
paragraphs (a) and (b) and the wealth adjustment amount 2343
calculated in this paragraph. 2344
(8) EVIDENCE-BASED READING INSTRUCTION ALLOCATION. — 2345
(a) The evidence-based reading instruction allocation is 2346
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 95 of 138
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
created to provide comprehensive reading instruction to students 2347
in prekindergarten through grade 12. 2348
(b) Intensive reading instruction for students who have 2349
reading deficiencies must include evidence -based reading 2350
instruction proven to accelerate progress of students exhibiting 2351
a reading deficiency; differentiated inst ruction based on 2352
screening, diagnostic, progress monitoring, or student 2353
assessment data to meet students' specific reading needs; 2354
explicit and systematic reading strategies to develop phonemic 2355
awareness, phonics, fluency, vocabulary, and comprehension, wit h 2356
more extensive opportunities for guided practice, error 2357
correction, and feedback; and the coordinated integration of 2358
civic literacy, science, and mathematics -text reading, text 2359
discussion, and writing in response to reading. 2360
(c) Funds for comprehensive, evidence -based reading 2361
instruction shall be allocated annually to each school district 2362
in the amount provided in the General Appropriations Act. Each 2363
eligible school district shall receive the same minimum amount 2364
as specified in the General Appropriations Act, and any 2365
remaining funds shall be distributed to eligible school 2366
districts based on each school district's proportionate share of 2367
K-12 base funding. 2368
(d) Funds allocated under this subsection must be used to 2369
provide a system of comprehe nsive reading instruction to 2370
students enrolled in the prekindergarten -12 programs and certain 2371
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 96 of 138
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
students who exhibit a substantial deficiency in early literacy, 2372
which may include the following: 2373
1. Additional time per day of evidence -based intensive 2374
reading instruction to students, which may be delivered during 2375
or outside of the regular school day. 2376
2. Kindergarten through grade 12 evidence -based intensive 2377
reading interventions. 2378
3. Highly qualified reading coaches, who must be endorsed 2379
in reading, to specifically support teachers in making 2380
instructional decisions based on student data, and improve 2381
teacher delivery of effective reading instruction, intervention, 2382
and reading in the content areas based on student need. 2383
4. Professional development to help in structional 2384
personnel and certified prekindergarten teachers funded in the 2385
Florida Education Finance Program earn a certification, a 2386
credential, an endorsement, or an advanced degree in 2387
scientifically researched and evidence -based reading 2388
instruction. 2389
5. Summer reading camps, using only teachers or other 2390
district personnel who possess a micro -credential as specified 2391
in s. 1003.485 or are certified or endorsed in reading 2392
consistent with s. 1008.25(7)(b)3., for all students in 2393
kindergarten through grade 5 w ho demonstrate a reading 2394
deficiency as determined by district and state assessments. 2395
6. Scientifically researched and evidence -based 2396
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 97 of 138
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
supplemental instructional materials as identified by the Just 2397
Read, Florida! Office pursuant to s. 1001.215(8). 2398
7. Incentives for instructional personnel and certified 2399
prekindergarten teachers funded in the Florida Education Finance 2400
Program who possess a reading certification or endorsement or 2401
micro-credential as specified in s. 1003.485 and provide 2402
educational support to improve student literacy. 2403
8. Tutoring in reading. 2404
(e)1. Annually, by a date determined by the Department of 2405
Education, each school district shall submit a comprehensive 2406
reading plan approved by the applicable district school board, 2407
charter school governing board, or lab school board of trustees, 2408
for the specific use of the evidence -based reading instruction 2409
allocation, based upon a root -cause analysis. The State Regional 2410
Literacy Director may assist in the development of the plan. The 2411
department shall provide a plan format. A district school board 2412
may use the format developed by the department or a format 2413
developed by the district school board. 2414
2. Intensive reading interventions must be delivered by 2415
instructional personnel who possess the micro -credential as 2416
provided in s. 1003.485 or are certified or endorsed in reading 2417
and must incorporate evidence -based strategies identified by the 2418
Just Read, Florida! Office pursuant to s. 1001.215(8). 2419
Instructional personnel who possess a micro -credential as 2420
specified in s. 1003.485 and are delivering intensive reading 2421
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 98 of 138
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
interventions must be supervised by an individual certified or 2422
endorsed in reading. For the purposes of this subsection, the 2423
term "supervision" means the ability to communicate by way of 2424
telecommunication with or physical presence of the certified or 2425
endorsed personnel for consultation and direction of the actions 2426
of the personnel with the micro -credential. 2427
3. By July 1 of each year, the department shall release to 2428
each school district its allocation of appropriated funds. The 2429
department shall evaluate the implementation of each district 2430
plan, including conducting site visits and collecting specific 2431
data on expenditures and reading improvement results. By 2432
February 1 of each year, the department shall report its 2433
findings to the Legislature and the State Board of Education, 2434
including any recommendations for improving implementation of 2435
evidence-based reading and intervention strategies in 2436
classrooms. 2437
2438
For purposes of this subsection, the term "evidence -based" means 2439
demonstrating a statistically significant effect on improving 2440
student outcomes or other relevant outcomes as provided in 20 2441
U.S.C. s. 8101(21)(A)(i). 2442
(9) CALCULATION OF SUPPLEMENTAL ALLOCATION FOR JUVENILE 2443
JUSTICE EDUCATION PROGRAMS. — 2444
(a) The total kindergarten through grade 12 K-12 weighted 2445
full-time equivalent student membership in juvenile justice 2446
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 99 of 138
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
education programs in each school district shall be multiplied 2447
by the amount of the state average class -size-reduction factor 2448
multiplied by the comparable wage factor for the school district 2449
established in subsection (2) district's cost differential . An 2450
amount equal to the sum of this calculation shall be allocated 2451
in the Florida Education Finance Program FEFP to each school 2452
district to supplement other sources of funding for students in 2453
juvenile justice education programs. 2454
(b) Funds allocated under this subsection shall be used to 2455
provide the juvenile justice education programs pursuant to s. 2456
1003.52 and may be used to pay for the high school eq uivalency 2457
examination fees for juvenile justice students who pass the high 2458
school equivalency examination in full, or in part, while in a 2459
juvenile justice education program, the industry credentialing 2460
testing fees for such students, and the costs associate d with 2461
such juvenile justice students enrolled in career and technical 2462
education courses that lead to industry -recognized 2463
certifications. 2464
(11) QUALITY ASSURANCE GUARANTEE. —The Legislature may 2465
annually in the General Appropriations Act determine a 2466
percentage increase in funds per kindergarten through grade 12 2467
K-12 unweighted full-time equivalent student FTE as a minimum 2468
guarantee to each school district. The guarantee shall be 2469
calculated from prior year base funding per unweighted full-time 2470
equivalent FTE student which shall include the adjusted full-2471
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 100 of 138
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
time equivalent FTE dollars as provided in subsection (13) (15), 2472
quality guarantee funds, and actual nonvoted discretionary local 2473
effort from taxes. From the base funding per unweighted full-2474
time equivalent student FTE, the increase shall be calculated 2475
for the current year. The current year funds from which the 2476
guarantee shall be determined shall include the adjusted full-2477
time equivalent FTE dollars as provided in subsection (13) (15) 2478
and potential nonvoted disc retionary local effort from taxes. A 2479
comparison of current year funds per unweighted full-time 2480
equivalent student FTE to prior year funds per unweighted full-2481
time equivalent student FTE shall be computed. For those school 2482
districts which have less than the legislatively assigned 2483
percentage increase, funds shall be provided to guarantee the 2484
assigned percentage increase in funds per unweighted full-time 2485
equivalent FTE student. Should appropriated funds be less than 2486
the sum of this calculated amount for all districts, the 2487
commissioner shall prorate each district's allocation. This 2488
provision shall be implemented to the extent specifically 2489
funded. 2490
(12) CATEGORICAL FUNDS.— 2491
(a) If a district school board finds and declares in a 2492
resolution adopted at a regular meeting of the school board that 2493
the funds received for any of the categorical programs 2494
established in subsections (5), (6), (7), and (8) are urgently 2495
needed to maintain school board -specified academic classroom 2496
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 101 of 138
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
instruction or improve school safety, the school district may 2497
consider and approve an amendment to the school district's 2498
operating budget by transferring the identified amount of the 2499
categorical funds to the appropriate account for expenditure. 2500
(b) Each school district shall include in its annual 2501
financial report to the department the amount of funds the 2502
school board transferred from each of the categorical funds 2503
identified in this subsection and the sp ecific academic 2504
classroom instruction or school safety need for which the 2505
transferred funds were expended. The department shall provide 2506
instructions and specify the format to be used in submitting 2507
this required information as part of the district annual 2508
financial report. The department shall annually submit a report 2509
to the Legislature that identifies by school district and by 2510
categorical fund the amount transferred and the specific 2511
academic classroom activity or school safety need for which the 2512
funds were expended. 2513
(12) SAFE SCHOOLS ALLOCATION. —A safe schools allocation is 2514
created to provide funding to assist school districts in their 2515
compliance with ss. 1006.07 -1006.12, with priority given to 2516
safe-school officers pursuant to s. 1006.12. Each school 2517
district shall receive a minimum safe schools allocation in an 2518
amount provided in the General Appropriations Act. Of the 2519
remaining balance of the safe schools allocation, one -third 2520
shall be allocated to school districts based on the most recent 2521
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 102 of 138
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
official Florida Crime Index provided by the Department of Law 2522
Enforcement and two-thirds shall be allocated based on each 2523
school district's proportionate share of the state's total 2524
unweighted full-time equivalent student enrollment. Each school 2525
district must report to the Department of Education by October 2526
15 that all public schools within the school district have 2527
completed the school security risk assessment using the Florida 2528
Safe Schools Assessment Tool developed pursuant to s. 1006.1493. 2529
If a district school board is re quired by s. 1006.12 to assign a 2530
school resource officer or school safety officer to a charter 2531
school, the charter school's share of costs for such officer may 2532
not exceed the amount of funds allocated to the charter school 2533
under this subsection. 2534
(13) MENTAL HEALTH ASSISTANCE ALLOCATION. —The mental 2535
health assistance allocation is created to provide funding to 2536
assist school districts in establishing or expanding school -2537
based mental health care; train educators and other school staff 2538
in detecting and respond ing to mental health issues; and connect 2539
children, youth, and families who may experience behavioral 2540
health issues with appropriate services. These funds shall be 2541
allocated annually in the General Appropriations Act or other 2542
law to each eligible school dis trict. Each school district shall 2543
receive a minimum of $100,000, with the remaining balance 2544
allocated based on each school district's proportionate share of 2545
the state's total unweighted full -time equivalent student 2546
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 103 of 138
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
enrollment. Charter schools that submit a plan separate from the 2547
school district are entitled to a proportionate share of 2548
district funding. The allocated funds may not supplant funds 2549
that are provided for this purpose from other operating funds 2550
and may not be used to increase salaries or provide bonuses. 2551
School districts are encouraged to maximize third -party health 2552
insurance benefits and Medicaid claiming for services, where 2553
appropriate. 2554
(a) Before the distribution of the allocation: 2555
1. The school district must develop and submit a detailed 2556
plan outlining the local program and planned expenditures to the 2557
district school board for approval. This plan must include all 2558
district schools, including charter schools, unless a charter 2559
school elects to submit a plan independently from the school 2560
district pursuant to subparagraph 2. 2561
2. A charter school may develop and submit a detailed plan 2562
outlining the local program and planned expenditures to its 2563
governing body for approval. After the plan is approved by the 2564
governing body, it must be provided to th e charter school's 2565
sponsor. 2566
(b) The plans required under paragraph (a) must be focused 2567
on a multitiered system of supports to deliver evidence -based 2568
mental health care assessment, diagnosis, intervention, 2569
treatment, and recovery services to students with one or more 2570
mental health or co-occurring substance abuse diagnoses and to 2571
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 104 of 138
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
students at high risk of such diagnoses. The provision of these 2572
services must be coordinated with a student's primary mental 2573
health care provider and with other mental health provi ders 2574
involved in the student's care. At a minimum, the plans must 2575
include the following elements: 2576
1. Direct employment of school -based mental health 2577
services providers to expand and enhance school -based student 2578
services and to reduce the ratio of student s to staff in order 2579
to better align with nationally recommended ratio models. These 2580
providers include, but are not limited to, certified school 2581
counselors, school psychologists, school social workers, and 2582
other licensed mental health professionals. The pla n also must 2583
identify strategies to increase the amount of time that school -2584
based student services personnel spend providing direct services 2585
to students, which may include the review and revision of 2586
district staffing resource allocations based on school or 2587
student mental health assistance needs. 2588
2. Contracts or interagency agreements with one or more 2589
local community behavioral health providers or providers of 2590
Community Action Team services to provide a behavioral health 2591
staff presence and services at distr ict schools. Services may 2592
include, but are not limited to, mental health screenings and 2593
assessments, individual counseling, family counseling, group 2594
counseling, psychiatric or psychological services, trauma -2595
informed care, mobile crisis services, and behavi or 2596
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 105 of 138
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
modification. These behavioral health services may be provided 2597
on or off the school campus and may be supplemented by 2598
telehealth. 2599
3. Policies and procedures, including contracts with 2600
service providers, which will ensure that: 2601
a. Students referred to a school-based or community-based 2602
mental health service provider for mental health screening for 2603
the identification of mental health concerns and students at 2604
risk for mental health disorders are assessed within 15 days of 2605
referral. School-based mental health services must be initiated 2606
within 15 days after identification and assessment, and support 2607
by community-based mental health service providers for students 2608
who are referred for community -based mental health services must 2609
be initiated within 30 days afte r the school or district makes a 2610
referral. 2611
b. Parents of a student receiving services under this 2612
subsection are provided information about other behavioral 2613
health services available through the student's school or local 2614
community-based behavioral health services providers. A school 2615
may meet this requirement by providing information about and 2616
Internet addresses for web -based directories or guides for local 2617
behavioral health services. 2618
c. Individuals living in a household with a student 2619
receiving services under this subsection are provided 2620
information about behavioral health services available through 2621
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 106 of 138
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
other delivery systems or payors for which such individuals may 2622
qualify, if such services appear to be needed or enhancements in 2623
those individuals' behavioral health would contribute to the 2624
improved well-being of the student. 2625
4. Strategies or programs to reduce the likelihood of at -2626
risk students developing social, emotional, or behavioral health 2627
problems, depression, anxiety disorders, suicidal tendencies, or 2628
substance use disorders. 2629
5. Strategies to improve the early identification of 2630
social, emotional, or behavioral problems or substance use 2631
disorders, to improve the provision of early intervention 2632
services, and to assist students in dealing with trauma an d 2633
violence. 2634
6. Procedures to assist a mental health services provider 2635
or a behavioral health provider as described in subparagraph 1. 2636
or subparagraph 2., respectively, or a school resource officer 2637
or school safety officer who has completed mental health crisis 2638
intervention training in attempting to verbally de -escalate a 2639
student's crisis situation before initiating an involuntary 2640
examination pursuant to s. 394.463. Such procedures must include 2641
strategies to de-escalate a crisis situation for a student wit h 2642
a developmental disability as that term is defined in s. 2643
393.063. 2644
7. Policies of the school district which must require that 2645
in a student crisis situation, school or law enforcement 2646
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 107 of 138
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
personnel must make a reasonable attempt to contact a mental 2647
health professional who may initiate an involuntary examination 2648
pursuant to s. 394.463, unless the child poses an imminent 2649
danger to themselves or others, before initiating an involuntary 2650
examination pursuant to s. 394.463. Such contact may be in 2651
person or using telehealth as defined in s. 456.47. The mental 2652
health professional may be available to the school district 2653
either by contracts or interagency agreements with the managing 2654
entity, one or more local community behavioral health providers, 2655
or the local mobile re sponse team or be a direct or contracted 2656
school district employee. 2657
(c) School districts shall submit approved plans, 2658
including approved plans of each charter school in the district, 2659
to the commissioner by August 1 of each fiscal year. 2660
(d) Beginning September 30, 2019, and annually by 2661
September 30 thereafter, each school district shall submit to 2662
the Department of Education a report on its program outcomes and 2663
expenditures for the previous fiscal year that, at a minimum, 2664
must include the number of each of the following: 2665
1. Students who receive screenings or assessments. 2666
2. Students who are referred to either school -based or 2667
community-based providers for services or assistance. 2668
3. Students who receive either school -based or community-2669
based interventions, services, or assistance. 2670
4. School-based and community-based mental health 2671
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 108 of 138
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
providers, including licensure type, paid for from funds 2672
provided through the allocation. 2673
5. Contract-based collaborative efforts or partnerships 2674
with community mental healt h programs, agencies, or providers. 2675
(14) TEACHER SALARY INCREASE ALLOCATION. —The Legislature 2676
may annually provide in the Florida Education Finance Program a 2677
teacher salary increase allocation to assist school districts in 2678
their recruitment and retention of classroom teachers and other 2679
instructional personnel . The amount of the allocation shall be 2680
specified in the General Appropriations Act. 2681
(a) Each school district shall receive an allocation based 2682
on the school district's proportionate share of the bas e FEFP 2683
allocation. Each school district shall provide each charter 2684
school within its district its proportionate share calculated 2685
pursuant to s. 1002.33(17)(b). If a district school board has 2686
not received its allocation due to its failure to submit an 2687
approved district salary distribution plan, the district school 2688
board must still provide each charter school that has submitted 2689
a salary distribution plan within its district its proportionate 2690
share of the allocation. 2691
(b) Allocation funds are restricted in us e as follows: 2692
1. Each school district and charter school shall use its 2693
share of the allocation to increase the minimum base salary for 2694
full-time classroom teachers, as defined in s. 1012.01(2)(a), 2695
plus certified prekindergarten teachers funded in the Florida 2696
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 109 of 138
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Education Finance Program, to at least $47,500, or to the 2697
maximum amount achievable based on the allocation and as 2698
specified in the General Appropriations Act. The term "minimum 2699
base salary" means the lowest annual base salary reported on the 2700
salary schedule for a f ull-time classroom teacher. No full -time 2701
classroom teacher shall receive a salary less than the minimum 2702
base salary as adjusted by this subparagraph. This subparagraph 2703
does not apply to substitute teachers. 2704
2. In addition, each school district shall use its share 2705
of the allocation to provide salary increases, as funding 2706
permits, for the following personnel: 2707
a. Full-time classroom teachers, as defined in s. 2708
1012.01(2)(a), plus certified prekindergarten teachers funded in 2709
the Florida Education Finance Pro gram, who did not receive an 2710
increase or who received an increase of less than 2 percent 2711
under subparagraph 1. or as specified in the General 2712
Appropriations Act. This subparagraph does not apply to 2713
substitute teachers. 2714
b. Other full-time instructional pe rsonnel as defined in 2715
s. 1012.01(2)(b)-(d). 2716
3. A school district or charter school may use funds 2717
available after the requirements of subparagraph 1. are met to 2718
provide salary increases pursuant to subparagraph 2. 2719
4. A school district or charter school shall maintain the 2720
minimum base salary achieved for classroom teachers provided 2721
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 110 of 138
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
under subparagraph 1. and may not reduce the salary increases 2722
provided under subparagraph 2. in any subsequent fiscal year, 2723
unless specifically authorized in the General Approp riations 2724
Act. 2725
(c) Before distributing allocation funds received pursuant 2726
to paragraph (a), each school district and each charter school 2727
shall develop a salary distribution plan that clearly delineates 2728
the planned distribution of funds pursuant to paragra ph (b) in 2729
accordance with modified salary schedules, as necessary, for the 2730
implementation of this subsection. 2731
1. Each school district superintendent and each charter 2732
school administrator must submit its proposed salary 2733
distribution plan to the district s chool board or the charter 2734
school governing body, as appropriate, for approval. 2735
2. Each school district shall submit the approved district 2736
salary distribution plan and the approved salary distribution 2737
plan for each charter school in the district to the d epartment 2738
by October 1 of each fiscal year. 2739
(d) In a format specified by the department, provide as 2740
follows: 2741
1. By December 1, each school district shall provide a 2742
preliminary report to the department that includes a detailed 2743
summary explaining the sch ool district's planned expenditure of 2744
the entire allocation for the district received pursuant to 2745
paragraph (a), the amount of the increase to the minimum base 2746
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 111 of 138
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
salary for classroom teachers pursuant to paragraph (b), and the 2747
school district's salary schedu le for the prior fiscal year and 2748
the fiscal year in which the base salary is increased. Each 2749
charter school governing board shall submit the information 2750
required under this subparagraph to the district school board 2751
for inclusion in the school district's pr eliminary report to the 2752
department. 2753
2. By February 1, the department shall submit to the 2754
Governor, the President of the Senate, and the Speaker of the 2755
House of Representatives a statewide report on the planned 2756
expenditure of the teacher salary increase a llocation, which 2757
includes the detailed summary provided by each school district 2758
and charter school. 2759
3. By August 1, each school district shall provide a final 2760
report to the department with the information required in 2761
subparagraph 1. for the prior fiscal year. Each charter school 2762
governing board shall submit the information required under this 2763
subparagraph to the district school board for inclusion in the 2764
school district's final report to the department. 2765
(e) Although district school boards and charter sc hool 2766
governing boards are not precluded from bargaining over wages, 2767
the teacher salary increase allocation must be used solely to 2768
comply with the requirements of this section. A district school 2769
board or charter school governing board that is unable to meet 2770
the reporting requirements specified in paragraph (c) or 2771
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 112 of 138
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
paragraph (d) due to a collective bargaining impasse must 2772
provide written notification to the department or the district 2773
school board, as applicable, detailing the reasons for the 2774
impasse with a proposed timeline and details for a resolution. 2775
(13)(15) TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT 2776
FOR CURRENT OPERATION. —The total annual state allocation to each 2777
district for current operation for the Florida Education Finance 2778
Program FEFP shall be distributed periodically in the manner 2779
prescribed in the General Appropriations Act. 2780
(a) If the funds appropriated for current operation of the 2781
Florida Education Finance Program FEFP are not sufficient to pay 2782
the state requirement in full, the departmen t shall prorate the 2783
available state funds to each district in the following manner: 2784
1. Determine the percentage of proration by dividing the 2785
sum of the total amount for current operation, as provided in 2786
this paragraph for all districts collectively, and the total 2787
district required local effort into the sum of the state funds 2788
available for current operation and the total district required 2789
local effort. 2790
2. Multiply the percentage so determined by the sum of the 2791
total amount for current operation as provid ed in this paragraph 2792
and the required local effort for each individual district. 2793
3. From the product of such multiplication, subtract the 2794
required local effort of each district; and the remainder shall 2795
be the amount of state funds allocated to the distri ct for 2796
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 113 of 138
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
current operation. However, no calculation subsequent to the 2797
appropriation shall result in negative state funds for any 2798
district. 2799
(14) STATE-FUNDED DISCRETIONARY SUPPLEMENT. — 2800
(a) The state-funded discretionary supplement is created 2801
to fund the nonvoted discretionary millage for operations 2802
pursuant to s. 1011.71(1) and (3) for students awarded a Family 2803
Empowerment Scholarship in accordance with s. 1002.394. To 2804
calculate the state-funded discretionary supplement for 2805
inclusion in the amount of the s cholarship funding: 2806
1. For fiscal year 2023 -2024, multiply the maximum 2807
allowable nonvoted discretionary millage for operations pursuant 2808
to s. 1011.71(1) and (3) by the value of 96 percent of the 2809
current year's taxable value for school purposes for the sc hool 2810
district where the student is reported for purposes of the 2811
Florida Education Finance Program; divide the result by the 2812
school district's total unweighted full -time equivalent 2813
membership; and multiply the result by the total unweighted 2814
full-time equivalent membership associated with the number of 2815
Family Empowerment Scholarship students included in the school 2816
district's total unweighted full -time equivalent membership. A 2817
base amount as specified in the General Appropriations Act shall 2818
be added to this amount for purposes of calculating the total 2819
amount of the supplement. 2820
2. Beginning in fiscal year 2024 -2025 and thereafter, 2821
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 114 of 138
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
multiply the maximum allowable nonvoted discretionary millage 2822
for operations pursuant to s. 1011.71(1) and (3) by the value of 2823
96 percent of the current year's taxable value for school 2824
purposes for the school district where the student is reported 2825
for purposes of the Florida Education Finance Program; divide 2826
the result by the school district's total unweighted full -time 2827
equivalent membership; and multiply the result by the total 2828
unweighted full-time equivalent membership associated with the 2829
number of Family Empowerment Scholarship students. The prior 2830
year's base amount shall be adjusted based on changes in the 2831
eligible number of unweig hted full-time equivalent membership 2832
associated with the number of Family Empowerment Scholarship 2833
students. 2834
(b) The state-funded discretionary supplement may not be 2835
recalculated based on changes in the full -time equivalent 2836
membership pursuant to paragrap h (1)(a) and may not be included 2837
in the provisions of subsection (13). 2838
(16) COMPUTATION OF PRIOR YEAR DISTRICT REQUIRED LOCAL 2839
EFFORT.—Calculations required in this section shall be based on 2840
95 percent of the taxable value for school purposes for fiscal 2841
years prior to the 2010 -2011 fiscal year. 2842
(17) TURNAROUND SCHOOL SUPPLEMENTAL SERVICES ALLOCATION. —2843
The turnaround school supplemental services allocation is 2844
created to provide district -managed turnaround schools, as 2845
identified in s. 1008.33(4)(a), schools that earn three 2846
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 115 of 138
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
consecutive grades below a "C," as identified in s. 2847
1008.33(4)(b)3., and schools that have improved to a "C" and are 2848
no longer in turnaround status, as identified in s. 2849
1008.33(4)(c), with funds to offer services designed to improve 2850
the overall academic and community welfare of the schools' 2851
students and their families. 2852
(a)1. Services funded by the allocation may include, but 2853
are not limited to, tutorial and after -school programs, student 2854
counseling, nutrition education, parental counselin g, and an 2855
extended school day and school year. In addition, services may 2856
include models that develop a culture that encourages students 2857
to complete high school and to attend college or career 2858
training, set high academic expectations, and inspire character 2859
development. 2860
2. A school district may enter into a formal agreement 2861
with a nonprofit organization that has tax -exempt status under 2862
s. 501(c)(3) of the Internal Revenue Code to implement an 2863
integrated student support service model that provides students 2864
and families with access to wrap -around services, including, but 2865
not limited to, health services, after -school programs, drug 2866
prevention programs, college and career readiness programs, and 2867
food and clothing banks. 2868
(b) Before distribution of the allocatio n, the school 2869
district shall develop and submit a plan for implementation to 2870
its school board for approval no later than August 1 of each 2871
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 116 of 138
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
fiscal year. 2872
(c) At a minimum, the plan required under paragraph (b) 2873
must: 2874
1. Establish comprehensive support services that develop 2875
family and community partnerships; 2876
2. Establish clearly defined and measurable high academic 2877
and character standards; 2878
3. Increase parental involvement and engagement in the 2879
child's education; 2880
4. Describe how instructional person nel will be 2881
identified, recruited, retained, and rewarded; 2882
5. Provide professional development that focuses on 2883
academic rigor, direct instruction, and creating high academic 2884
and character standards; 2885
6. Provide focused instruction to improve student aca demic 2886
proficiency, which may include additional instruction time 2887
beyond the normal school day or school year; and 2888
7. Include a strategy for continuing to provide services 2889
after the school is no longer in turnaround status by virtue of 2890
achieving a grade of "C" or higher. 2891
(d) Each school district shall submit its approved plans 2892
to the commissioner by September 1 of each fiscal year. 2893
(e) Subject to legislative appropriation, each school 2894
district's allocation must be based on the unweighted FTE 2895
student enrollment at the eligible schools and a per -FTE funding 2896
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 117 of 138
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
amount of $500 or as provided in the General Appropriations Act. 2897
The supplement provided in the General Appropriations Act shall 2898
be based on the most recent school grades and shall serve as a 2899
proxy for the official calculation. Once school grades are 2900
available for the school year immediately preceding the fiscal 2901
year coinciding with the appropriation, the supplement shall be 2902
recalculated for the official participating schools as part of 2903
the subsequent FEFP calculation. The commissioner may prepare a 2904
preliminary calculation so that districts may proceed with 2905
timely planning and use of the funds. If the calculated funds 2906
for the statewide allocation exceed the funds appropriated, the 2907
allocation of funds to each school district must be prorated 2908
based on each school district's share of the total unweighted 2909
FTE student enrollment for the eligible schools. 2910
(f) Subject to legislative appropriation, each school 2911
shall remain eligible for the allocation for a maxi mum of 4 2912
continuous fiscal years while implementing a turnaround option 2913
pursuant to s. 1008.33(4). In addition, a school that improves 2914
to a grade of "C" or higher shall remain eligible to receive the 2915
allocation for a maximum of 2 continuous fiscal years af ter 2916
exiting turnaround status. 2917
Section 37. Section 1011.622, Florida Statutes, is amended 2918
to read: 2919
1011.622 Adjustments for students without a Florida 2920
student identification number. —The Florida Education Finance 2921
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 118 of 138
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
Program funding calculations, includin g the calculations 2922
authorized in ss. 1011.62, 1011.67, 1011.68, and 1011.685, shall 2923
include funding for a student only when all of the student's 2924
records are reported to the Department of Education under a 2925
Florida student identification number. The State Bo ard of 2926
Education may adopt rules pursuant to ss. 120.536(1) and 120.54 2927
to implement this section. 2928
Section 38. Section 1011.67, Florida Statutes, is 2929
repealed. 2930
Section 39. Paragraph (d) of subsection (1) of section 2931
1011.68, Florida Statutes, is amend ed to read: 2932
1011.68 Funds for student transportation. —The annual 2933
allocation to each district for transportation to public school 2934
programs, including charter schools as provided in s. 2935
1002.33(17)(b), of students in membership in kindergarten 2936
through grade 12 and in migrant and exceptional student programs 2937
below kindergarten shall be determined as follows: 2938
(1) Subject to the rules of the State Board of Education, 2939
each district shall determine the membership of students who are 2940
transported: 2941
(d) By reason of being career, dual enrollment, or 2942
students with disabilities transported from one school center to 2943
another to participate in an instructional program or service; 2944
or students with disabilities, transported from one designation 2945
to another in the state, p rovided one designation is a school 2946
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 119 of 138
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
center and provided the student's individual educational plan 2947
(IEP) identifies the need for the instructional program or 2948
service and transportation to be provided by the school 2949
district. A "school center" is defined as a public school 2950
center, Florida College System institution, state university, or 2951
other facility rented, leased, or owned and operated by the 2952
school district or another public agency. A "dual enrollment 2953
student" is defined as a public school student in membe rship in 2954
both a public secondary school program and a Florida College 2955
System institution or a state university program under a written 2956
agreement to partially fulfill ss. 1003.435 and 1007.23 and 2957
earning full-time equivalent membership under s. 1011.62(1)(h) 2958
s. 1011.62(1)(i). 2959
Section 40. Subsection (4) of section 1011.69, Florida 2960
Statutes, is amended to read: 2961
1011.69 Equity in School -Level Funding Act.— 2962
(4) The following funds are excluded from the school -level 2963
allocation under this section: Funds ap propriated in the General 2964
Appropriations Act for supplemental academic instruction to be 2965
used for the purposes described in s. 1011.62(1)(f). 2966
Section 41. Subsection (1) of section 1011.71, Florida 2967
Statutes, is amended to read: 2968
1011.71 District school tax.— 2969
(1) If the district school tax is not provided in the 2970
General Appropriations Act or the substantive bill implementing 2971
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 120 of 138
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 General Appropriations Act, each district school board 2972
desiring to participate in the state allocation of funds for 2973
current operation as prescribed by s. 1011.62(13) s. 1011.62(15) 2974
shall levy on the taxable value for school purposes of the 2975
district, exclusive of millage voted under s. 9(b) or s. 12, 2976
Art. VII of the State Constitution, a millage rate not to exceed 2977
the amount certified by the commissioner as the minimum millage 2978
rate necessary to provide the district required local effort for 2979
the current year, pursuant to s. 1011.62(4)(a)1. In addition to 2980
the required local effort millage levy, each district school 2981
board may levy a nonvoted current operating discretionary 2982
millage. The Legislature shall prescribe annually in the 2983
appropriations act the maximum amount of millage a district may 2984
levy. 2985
Section 42. Paragraph (b) of subsection (3) of section 2986
1011.84, Florida Statutes, is amended to read: 2987
1011.84 Procedure for determining state financial support 2988
and annual apportionment of state funds to each Florida College 2989
System institution district. —The procedure for determining state 2990
financial support and the annual apportionment to each Florida 2991
College System institution district authorized to operate a 2992
Florida College System institution under the provisions of s. 2993
1001.61 shall be as follows: 2994
(3) DETERMINING THE APPORTIONMENT FROM STATE FUNDS. — 2995
(b) The apportionment to each Flor ida College System 2996
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 121 of 138
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
institution from the Florida College System Program Fund shall 2997
be determined annually in the General Appropriations Act. In 2998
determining each college's apportionment, the Legislature shall 2999
consider the following components: 3000
1. Base budget, which includes the state appropriation to 3001
the Florida College System Program Fund in the current year plus 3002
the related student tuition and out -of-state fees assigned in 3003
the current General Appropriations Act. 3004
2. The cost-to-continue allocation, which consists of 3005
incremental changes to the base budget, including salaries, 3006
price levels, and other related costs allocated through a 3007
funding model approved by the Legislature which may recognize 3008
differing economic factors arising from the individual 3009
educational approaches of the various Florida College System 3010
institutions, including, but not limited to: 3011
a. Direct Instructional Funding, including class size, 3012
faculty productivity factors, average faculty salary, ratio of 3013
full-time to part-time faculty, costs of programs, and 3014
enrollment factors. 3015
b. Academic Support, including small colleges factor, 3016
multicampus factor, and enrollment factor. 3017
c. Student Services Support, including headcount of 3018
students as well as FTE count and enrollment factors. 3019
d. Library Support, including volume and other 3020
materials/audiovisual requirements. 3021
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 122 of 138
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
e. Special Projects. 3022
f. Operations and Maintenance of Plant, including square 3023
footage and utilization factors. 3024
g. Comparable wage factor District Cost Differential . 3025
3. Students enrolled in a recreation and leisure program 3026
and students enrolled in a lifelong learning program who may not 3027
be counted as full-time equivalent enrollments for purposes of 3028
enrollment workload adjustments. 3029
4. Operating costs of new facilities adjustmen ts, which 3030
shall be provided, from funds available, for each new facility 3031
that is owned by the college and is recommended in accordance 3032
with s. 1013.31. 3033
5. New and improved program enhancements, which shall be 3034
determined by the Legislature. 3035
3036
Student fees in the base budget plus student fee revenues 3037
generated by increases in fee rates shall be deducted from the 3038
sum of the components determined in subparagraphs 1. -5. The 3039
amount remaining shall be the net annual state apportionment to 3040
each college. 3041
Section 43. Paragraph (c) of subsection (1) of section 3042
1012.22, Florida Statutes, is amended to read: 3043
1012.22 Public school personnel; powers and duties of the 3044
district school board. —The district school board shall: 3045
(1) Designate positions to be filled, pres cribe 3046
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 123 of 138
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
qualifications for those positions, and provide for the 3047
appointment, compensation, promotion, suspension, and dismissal 3048
of employees as follows, subject to the requirements of this 3049
chapter: 3050
(c) Compensation and salary schedules. — 3051
1. Definitions.—As used in this paragraph: 3052
a. "Adjustment" means an addition to the base salary 3053
schedule that is not a bonus and becomes part of the employee's 3054
permanent base salary and shall be considered compensation under 3055
s. 121.021(22). 3056
b. "Grandfathered salary sc hedule" means the salary 3057
schedule or schedules adopted by a district school board before 3058
July 1, 2014, pursuant to subparagraph 4. 3059
c. "Instructional personnel" means instructional personnel 3060
as defined in s. 1012.01(2)(a) -(d), excluding substitute 3061
teachers. 3062
d. "Performance salary schedule" means the salary schedule 3063
or schedules adopted by a district school board pursuant to 3064
subparagraph 5. 3065
e. "Salary schedule" means the schedule or schedules used 3066
to provide the base salary for district school board per sonnel. 3067
f. "School administrator" means a school administrator as 3068
defined in s. 1012.01(3)(c). 3069
g. "Supplement" means an annual addition to the base 3070
salary for the term of the negotiated supplement as long as the 3071
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 124 of 138
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
employee continues his or her employment for the purpose of the 3072
supplement. A supplement does not become part of the employee's 3073
continuing base salary but shall be considered compensation 3074
under s. 121.021(22). 3075
2. Cost-of-living adjustment.—A district school board may 3076
provide a cost-of-living salary adjustment if the adjustment: 3077
a. Does not discriminate among comparable classes of 3078
employees based upon the salary schedule under which they are 3079
compensated. 3080
b. Does not exceed 50 percent of the annual adjustment 3081
provided to instructional personn el rated as effective. 3082
3. Advanced degrees. —A district school board may not use 3083
advanced degrees in setting a salary schedule for instructional 3084
personnel or school administrators hired on or after July 1, 3085
2011, unless the advanced degree is held in the i ndividual's 3086
area of certification and is only a salary supplement. 3087
4. Grandfathered salary schedule. — 3088
a. The district school board shall adopt a salary schedule 3089
or salary schedules to be used as the basis for paying all 3090
school employees hired before July 1, 2014. Instructional 3091
personnel on annual contract as of July 1, 2014, shall be placed 3092
on the performance salary schedule adopted under subparagraph 5. 3093
Instructional personnel on continuing contract or professional 3094
service contract may opt into the performance salary schedule if 3095
the employee relinquishes such contract and agrees to be 3096
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 125 of 138
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
employed on an annua l contract under s. 1012.335. Such an 3097
employee shall be placed on the performance salary schedule and 3098
may not return to continuing contract or professional service 3099
contract status. Any employee who opts into the performance 3100
salary schedule may not return t o the grandfathered salary 3101
schedule. 3102
b. In determining the grandfathered salary schedule for 3103
instructional personnel, a district school board must base a 3104
portion of each employee's compensation upon performance 3105
demonstrated under s. 1012.34 and shall pro vide differentiated 3106
pay for both instructional personnel and school administrators 3107
based upon district-determined factors, including, but not 3108
limited to, additional responsibilities, school demographics, 3109
critical shortage areas, and level of job performanc e 3110
difficulties. 3111
5. Performance salary schedule. —By July 1, 2014, the 3112
district school board shall adopt a performance salary schedule 3113
that provides annual salary adjustments for instructional 3114
personnel and school administrators based upon performance 3115
determined under s. 1012.34. Employees hired on or after July 1, 3116
2014, or employees who choose to move from the grandfathered 3117
salary schedule to the performance salary schedule shall be 3118
compensated pursuant to the performance salary schedule once 3119
they have received the appropriate performance evaluation for 3120
this purpose. 3121
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 126 of 138
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. Base salary.—The base salary shall be established as 3122
follows: 3123
(I) The base salary for instructional personnel or school 3124
administrators who opt into the performance salary schedule 3125
shall be the salary paid in the prior year, including 3126
adjustments only. 3127
(II) Instructional personnel or school administrators new 3128
to the district, returning to the district after a break in 3129
service without an authorized leave of absence, or appointed for 3130
the first time to a position in the district in the capacity of 3131
instructional personnel or school administrator shall be placed 3132
on the performance salary schedule. Beginning July 1, 2021, and 3133
Until such time as the minimum base salary as defined in s. 3134
1011.60(4)(a) s. 1011.62(14) equals or exceeds $47,500, the 3135
annual increase to the minimum base salary shall not be less 3136
than 150 percent of the largest adjustment made to the salary of 3137
an employee on the grandfathered salary schedule. Thereafter, 3138
the annual increase to the minimum base salary shall not be less 3139
than 75 percent of the largest adjustment for an employee on the 3140
grandfathered salary schedule. 3141
b. Salary adjustments. —Salary adjustments for highly 3142
effective or effective performance shall be esta blished as 3143
follows: 3144
(I) The annual salary adjustment under the performance 3145
salary schedule for an employee rated as highly effective must 3146
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 127 of 138
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
be at least 25 percent greater than the highest annual salary 3147
adjustment available to an employee of the same classi fication 3148
through any other salary schedule adopted by the district. 3149
(II) The annual salary adjustment under the performance 3150
salary schedule for an employee rated as effective must be equal 3151
to at least 50 percent and no more than 75 percent of the annual 3152
adjustment provided for a highly effective employee of the same 3153
classification. 3154
(III) A salary schedule shall not provide an annual salary 3155
adjustment for an employee who receives a rating other than 3156
highly effective or effective for the year. 3157
c. Salary supplements.—In addition to the salary 3158
adjustments, each district school board shall provide for salary 3159
supplements for activities that must include, but are not 3160
limited to: 3161
(I) Assignment to a Title I eligible school. 3162
(II) Assignment to a school that earned a grade of "F" or 3163
three consecutive grades of "D" pursuant to s. 1008.34 such that 3164
the supplement remains in force for at least 1 year following 3165
improved performance in that school. 3166
(III) Certification and teaching in critical teacher 3167
shortage areas. Statewide critical teacher shortage areas shall 3168
be identified by the State Board of Education under s. 1012.07. 3169
However, the district school board may identify other areas of 3170
critical shortage within the school district for purposes of 3171
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 128 of 138
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
this sub-sub-subparagraph and may remove areas identified by the 3172
state board which do not apply within the school district. 3173
(IV) Assignment of additional academic responsibilities. 3174
3175
If budget constraints in any given year limit a district school 3176
board's ability to full y fund all adopted salary schedules, the 3177
performance salary schedule shall not be reduced on the basis of 3178
total cost or the value of individual awards in a manner that is 3179
proportionally greater than reductions to any other salary 3180
schedules adopted by the d istrict. Any compensation for 3181
longevity of service awarded to instructional personnel who are 3182
on any other salary schedule must be included in calculating the 3183
salary adjustments required by sub -subparagraph b. 3184
Section 44. Section 1012.44, Florida Statu tes, is amended 3185
to read: 3186
1012.44 Qualifications for certain persons providing 3187
speech-language services.—The State Board of Education shall 3188
adopt rules for speech -language services to school districts 3189
that qualify for additional full-time equivalent membe rship 3190
under s. 1011.62(1)(e) the sparsity supplement as described in 3191
s. 1011.62(7). These services may be provided by baccalaureate 3192
degree level persons for a period of 3 years. The rules shall 3193
authorize the delivery of speech -language services by 3194
baccalaureate degree level persons under the direction of a 3195
certified speech-language pathologist with a master's degree or 3196
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 129 of 138
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
higher. 3197
Section 45. Subsections (1) and (4) of section 1012.584, 3198
Florida Statutes, are amended to read: 3199
1012.584 Continuing education and inservice training for 3200
youth mental health awareness and assistance. — 3201
(1) Beginning with the 2018 -2019 school year, The 3202
Department of Education shall establish an evidence -based youth 3203
mental health awareness and assistance training program to help 3204
school personnel identify and understand the signs of emotional 3205
disturbance, mental illness, and substance use disorders and 3206
provide such personnel with the skills to help a person who is 3207
developing or experiencing an emotional disturbance, mental 3208
health, or substance use problem. 3209
(4) Each school district shall notify all school personnel 3210
who have received training pursuant to this section of mental 3211
health services that are available in the school district, and 3212
the individual to contact if a student needs s ervices. The term 3213
"mental health services" includes, but is not limited to, 3214
community mental health services, health care providers, and 3215
services provided under ss. 1006.04 and 1006.041 ss. 1006.04 and 3216
1011.62(13). 3217
Section 46. Paragraph (b) of subsecti on (2) of section 3218
1012.586, Florida Statutes, is amended to read: 3219
1012.586 Additions or changes to certificates; duplicate 3220
certificates; reading endorsement pathways. — 3221
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 130 of 138
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) 3222
(b) As part of adopting a pathway pursuant to paragraph 3223
(a), the department sha ll review the competencies for the 3224
reading endorsement and subject area examinations for educator 3225
certificates identified pursuant to s. 1012.585(3)(f) for 3226
alignment with evidence -based instructional and intervention 3227
strategies rooted in the science of rea ding and identified 3228
pursuant to s. 1001.215(7) s. 1001.215(8) and recommend changes 3229
to the State Board of Education. Recommended changes must 3230
address identification of the characteristics of conditions such 3231
as dyslexia, implementation of evidence -based classroom 3232
instruction and interventions, including evidence -based reading 3233
instruction and interventions specifically for students with 3234
characteristics of dyslexia, and effective progress monitoring. 3235
By July 1, 2023, each school district reading endorsement ad d-on 3236
program must be resubmitted for approval by the department 3237
consistent with this paragraph. 3238
Section 47. Section 1012.71, Florida Statutes, is amended 3239
to read: 3240
1012.71 The Florida Teachers Classroom Supply Assistance 3241
Program.— 3242
(1) For purposes of the Florida Teachers Classroom Supply 3243
Assistance Program, the term "classroom teacher" means a 3244
certified teacher employed by a public school district or a 3245
public charter school in that district on or before September 1 3246
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 131 of 138
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 each year whose full-time or job-share responsibility is the 3247
classroom instruction of students in prekindergarten through 3248
grade 12, including full -time media specialists and certified 3249
school counselors serving students in prekindergarten through 3250
grade 12, who are funde d through the Florida Education Finance 3251
Program. A "job-share" classroom teacher is one of two teachers 3252
whose combined full-time equivalent employment for the same 3253
teaching assignment equals one full -time classroom teacher. 3254
(2) The amount of funds per cl assroom teacher for the 3255
Florida Teachers Classroom Supply Assistance Program shall be 3256
specified The Legislature, in the General Appropriations Act , 3257
shall determine funding for the Florida Teachers Classroom 3258
Supply Assistance Program . Classroom teachers sha ll use the 3259
funds appropriated are for classroom teachers to purchase, on 3260
behalf of the school district or charter school, classroom 3261
materials and supplies for the public school students assigned 3262
to them and may not be used to purchase equipment. The funds 3263
appropriated shall be used to supplement the materials and 3264
supplies otherwise available to classroom teachers. From the 3265
funds appropriated for the Florida Teachers Classroom Supply 3266
Assistance Program, the Commissioner of Education shall 3267
calculate an amount for each school district based upon each 3268
school district's proportionate share of the state's total 3269
unweighted FTE student enrollment and shall disburse the funds 3270
to the school districts by July 15. 3271
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 132 of 138
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
(3) From the funds allocated to each school district a nd 3272
any funds received from local contributions for the Florida 3273
Teachers Classroom Supply Assistance Program, the district 3274
school board shall calculate an identical amount for each 3275
classroom teacher who is estimated to be employed by the school 3276
district or a charter school in the district on September 1 of 3277
each year, which is that teacher's proportionate share of the 3278
total amount allocated to the district from state funds and 3279
funds received from local contributions. A job -share classroom 3280
teacher may receive a prorated share of the amount provided to a 3281
full-time classroom teacher. For a classroom teachers teacher 3282
determined eligible on July 1, the district school board and 3283
each charter school board shall may provide such classroom 3284
teachers the teacher with their amount as specified in the 3285
General Appropriations Act his or her total proportionate share 3286
by August 1. For classroom teachers based on the estimate of the 3287
number of teachers who will be employed on September 1. For a 3288
classroom teacher determined eligible after July 1, the district 3289
school board and each charter school board shall provide such 3290
classroom teachers with their amount as specified in the General 3291
Appropriations Act the teacher with his or her total 3292
proportionate share by September 30. A job-share classroom 3293
teacher may receive a prorated share of the amount provided to a 3294
full-time classroom teacher The proportionate share may be 3295
provided by any means determined appropriate by the district 3296
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 133 of 138
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 board or charter school board, including, but not l imited 3297
to, direct deposit, check, debit card, or purchasing card. If a 3298
debit card is used, an identifier must be placed on the front of 3299
the debit card which clearly indicates that the card has been 3300
issued for the Florida Teachers Classroom Supply Assistanc e 3301
Program. Expenditures under the program are not subject to state 3302
or local competitive bidding requirements. Funds received by a 3303
classroom teacher do not affect wages, hours, or terms and 3304
conditions of employment and, therefore, are not subject to 3305
collective bargaining. Any classroom teacher may decline receipt 3306
of or return the funds without explanation or cause . 3307
(4) The Department of Education shall administer a 3308
competitive procurement through which eligible classroom 3309
teachers may purchase classroom mat erials and supplies. 3310
Annually, by September 1, each school district shall submit to 3311
the department: 3312
(a) The name of each eligible classroom teacher. 3313
(b) The proportionate share of the amount as specified in 3314
the General Appropriations Act for each eligi ble job-share 3315
classroom teacher. 3316
(c) The name and Master School Identification Number of 3317
the school in which the eligible classroom teacher is assigned. 3318
(d) Any other information necessary for the administration 3319
of the program as determined by the depa rtment. 3320
(5)(4) Each classroom teacher must sign a statement 3321
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 134 of 138
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
acknowledging receipt of the funds, keep receipts for no less 3322
than 4 years to show that funds expended meet the requirements 3323
of this section, and return any unused funds to the district 3324
school board at the end of the regular school year . Any unused 3325
funds that are returned to the district school board shall be 3326
deposited into the school advisory council account of the school 3327
at which the classroom teacher returning the funds was employed 3328
when that teacher received the funds were made available to the 3329
classroom teacher. If the school does not have a school advisory 3330
council, the funds shall be expended for classroom materials and 3331
supplies as determined by the school principal or deposited into 3332
the Florida Teachers Classroom Supply Assistance Program account 3333
of the school district in which a charter school is sponsored, 3334
as applicable. 3335
(5) The statement must be signed and dated by each 3336
classroom teacher before receipt of the Florida Teachers 3337
Classroom Supply Assistance Program funds and shall include the 3338
wording: "I, ...(name of teacher)..., am employed by the 3339
....County District School Board or by the ....Charter School as 3340
a full-time classroom teacher. I acknowledge that Florida 3341
Teachers Classroom Sup ply Assistance Program funds are 3342
appropriated by the Legislature for the sole purpose of 3343
purchasing classroom materials and supplies to be used in the 3344
instruction of students assigned to me. In accepting custody of 3345
these funds, I agree to keep the receipts for all expenditures 3346
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 135 of 138
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
for no less than 4 years. I understand that if I do not keep the 3347
receipts, it will be my personal responsibility to pay any 3348
federal taxes due on these funds. I also agree to return any 3349
unexpended funds to the district school board at the end of the 3350
regular school year for deposit into the school advisory council 3351
account of the school where I was employed at the time I 3352
received the funds or for deposit into the Florida Teachers 3353
Classroom Supply Assistance Program account of the school 3354
district in which the charter school is sponsored, as 3355
applicable." 3356
(6) The Department of Education and district school boards 3357
may, and are encouraged to, enter into public -private 3358
partnerships in order to increase the total amount of Florida 3359
Teachers Classroom Supply Assistance Programs funds available to 3360
classroom teachers. 3361
Section 48. Section 1012.715, Florida Statutes, is created 3362
to read: 3363
1012.715 Heroes in the classroom sign -on bonus.— 3364
(1) PURPOSE.—Subject to legislative appropriation, the 3365
Department of Education shall provide a one -time sign-on bonus, 3366
as provided in the General Appropriations Act, to honorably 3367
discharged or retired military veterans and retired first 3368
responders, as defined in s. 112.1815(1), who commit to joining 3369
the teaching profession as a full-time classroom teacher. An 3370
honorably discharged or retired military veteran or retired 3371
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 136 of 138
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
first responder may receive an additional bonus for teaching a 3372
course in a high-demand teacher need area, as identified by the 3373
department pursuant to paragraph (3)(e). 3374
(2) ELIGIBILITY.—To be eligible to receive a sign -on 3375
bonus, an applicant must be an honorably discharged or retired 3376
military veteran or retired first responder and provide the 3377
following to the department: 3378
(a) Documentation of his or her honorable discharge or 3379
retirement. 3380
(b) Documentation that he or she was not subject to any 3381
disciplinary action during the last 5 years of his or her 3382
employment as a servicemember in the United States Armed Forces 3383
or as a first responder. The term "d isciplinary action" includes 3384
suspensions, dismissals, and involuntary demotions that were 3385
associated with disciplinary actions. 3386
(c) A copy of his or her professional certificate or 3387
temporary certificate issued pursuant to s. 1012.56(7). 3388
(d) Documentation that he or she agrees to maintain 3389
employment with the school district or charter school for a 3390
minimum of 2 consecutive school years upon receipt of the sign -3391
on bonus. An individual who accepts a sign -on bonus pursuant to 3392
this section but fails to mainta in his or her employment 3393
pursuant to this paragraph must reimburse the department the 3394
amount of the sign-on bonus in a manner prescribed by the 3395
department. 3396
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 137 of 138
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
(3) DEPARTMENT OF EDUCATION RESPONSIBILITIES. —The 3397
department shall distribute bonuses pursuant to this section 3398
and, at a minimum, must: 3399
(a) Establish a method for determining the estimated 3400
number of eligible honorably discharged or retired military 3401
veterans and retired first responders to be hired in the 3402
applicable fiscal year. 3403
(b) Establish addit ional minimum criteria necessary for an 3404
individual to be eligible for a sign -on bonus. 3405
(c) Establish an estimated cost to the department for 3406
developing and administering the bonus program. 3407
(d) Establish a method for an individual to reimburse the 3408
department if he or she receives the sign -on bonus but does not 3409
maintain employment for the required consecutive 2 -year period. 3410
(e) Identify courses that are in high -demand teacher need 3411
areas in which honorably discharged or retired military veterans 3412
or retired first responders may teach to be eligible for an 3413
additional bonus. 3414
(4) SCHOOL DISTRICT RESPONSIBILITIES. —A school district 3415
that employs an eligible honorably discharged or retired 3416
military veteran or retired first responder must: 3417
(a) Provide any nec essary information requested by the 3418
department. 3419
(b) In a manner established by the department, notify the 3420
eligible honorably discharged or retired military veteran or 3421
HB 5101 2023
CODING: Words stricken are deletions; words underlined are additions.
hb5101-00
Page 138 of 138
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 first responder that employment may impact his or her 3422
pension from a previous e mployer. 3423
(5) RULEMAKING.—The State Board of Education may adopt 3424
rules to implement this section. 3425
Section 49. This act shall take effect July 1, 2023. 3426