ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 1 of 139
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1
An act relating to education; amending 11.45, F.S.; 2
revising the duties of the Auditor General to conform 3
to changes made by the act; amending s. 110.1228, 4
F.S.; conforming a cross -reference; amending s. 5
216.251, F.S.; providing the manner of setting 6
salaries for positions within the Florida School for 7
Competitive Academics; amending s. 402.22, F.S.; 8
conforming a cross-reference; amending s. 447.203, 9
F.S.; revising the definition of the terms "public 10
employer" or "employer" to include the Florida School 11
for Competitive Academics for purposes of part II of 12
ch. 447, F.S.; making technical changes; amending s. 13
1000.04, F.S.; revising the components of the delivery 14
of public education within the Florida Early Learning -15
20 education system to include the Florida S chool for 16
Competitive Academics; amending s. 1000.071, F.S.; 17
providing applicability relating to the use of 18
personal titles and pronouns in certain K -12 19
educational institutions; amending s. 1001.20, F.S.; 20
revising the powers of the Department of Education 's 21
Office of Inspector General to conform to changes made 22
by the act; amending s. 1001.215, F.S.; revising 23
duties of the Just Read, Florida! Office; amending s. 24
1001.26, F.S.; requiring the department to provide 25
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 2 of 139
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
funds to certain radio stations; amending s. 1001.42, 26
F.S.; providing an exemption to collective bargaining 27
requirements under specified circumstances; amending 28
s. 1001.43, F.S.; authorizing district school boards 29
to adopt policies for an enrollment fee for specified 30
summer courses; providing fee re quirements; amending 31
s. 1002.32, F.S.; revising funding requirements for 32
developmental research schools; conforming provisions 33
to changes made by the act; creating s. 1002.351, 34
F.S.; providing for the establishment of the Florida 35
School for Competitive Aca demics; providing for the 36
purpose and mission of the school; requiring the 37
school to be included in a certain online portal; 38
requiring the portal to include information for 39
parents on submitting educational records for 40
admission purposes; providing for the appointment of 41
the board of trustees; prescribing the powers and 42
duties of the board of trustees; providing sovereign 43
immunity to the board of trustees; specifying the 44
board's duties regarding the maintenance of student 45
and employee records; providing req uirements regarding 46
background screening of school personnel; specifying 47
duties of the board regarding personnel; requiring the 48
Auditor General to conduct audits of the school; 49
authorizing the department's Office of Inspector 50
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 3 of 139
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
General to conduct investigati ons, as appropriate; 51
exempting the school from specified requirements in 52
the Florida Early Learning -20 Education Code; 53
providing exceptions; specifying applicability of 54
certain provisions of law; amending s. 1002.37, F.S.; 55
revising funding requirements for the Florida Virtual 56
School; conforming provisions to changes made by the 57
act; amending s. 1002.394, F.S.; revising funding 58
requirements for the Family Empowerment Scholarship 59
Program; conforming provisions to changes made by the 60
act; amending s. 1002.45, F.S.; revising the 61
enrollment limitation on certain students; conforming 62
provisions to changes made by this act; amending ss. 63
1002.59, 1002.71, 1002.84, and 1002.89, F.S.; 64
conforming provisions and cross -references to changes 65
made by the act; amending s. 1 002.995, F.S.; revising 66
eligibility requirements for providing incentives to 67
certain early learning personnel; amending s. 1003.03, 68
F.S.; conforming a provision to changes made by the 69
act; creating s. 1003.4201, F.S.; requiring school 70
districts to implemen t a system of comprehensive 71
reading instruction for specified students that 72
includes a specified plan; providing plan 73
requirements; providing school district and department 74
requirements; defining the term "evidence -based"; 75
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 4 of 139
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
amending ss. 1003.485, 1003.621, and 1004.935, F.S.; 76
conforming provisions and cross -references to changes 77
made by the act; creating s. 1006.041, F.S.; requiring 78
school districts to implement a school -based mental 79
health assistance program for specified students that 80
includes a specified plan; providing plan and school 81
district requirements; amending s. 1006.07, F.S.; 82
conforming provisions to changes made by the act; 83
amending s. 1006.1493, F.S.; requiring school 84
districts to annually report specified information 85
relating to the Florida Saf e Schools Assessment Tool 86
to the Office of Safe Schools; amending s. 1006.28, 87
F.S.; defining the term "library media center"; 88
requiring district school superintendents to annually 89
certify specified information to the Commissioner of 90
Education; exempting ce rtain instructional materials 91
from specified procedures; amending s. 1006.40, F.S.; 92
revising requirements for the instructional materials 93
allocation and the purchase of instructional 94
materials; conforming provisions to changes made by 95
the act; amending s. 1007.271, F.S.; requiring school 96
districts to pay for the cost of specified 97
instructional materials; amending ss. 1008.25 and 98
1008.345, F.S.; conforming provisions and cross -99
references to changes made by the act; amending s. 100
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 5 of 139
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1008.365, F.S.; revising requir ements for the Reading 101
Achievement Initiative for Scholastic Excellence 102
Program; conforming cross -references; amending s. 103
1010.20, F.S.; conforming cross -references; creating 104
s. 1011.58, F.S.; prescribing procedures for the 105
Florida School for Competitive A cademics submission of 106
legislative budget requests; requiring the school to 107
submit an implementation plan to the department; 108
requiring the Commissioner of Education to include the 109
school in the department's legislative budget request, 110
subject to specified conditions; requiring the school 111
to submit its fixed capital outlay request to the 112
department; creating s. 1011.59, F.S.; prescribing 113
procedures and requirements governing the request and 114
the appropriation of funds for the operation of the 115
Florida School for Competitive Academics; requiring 116
the school's board of trustees to develop an annual 117
operating budget; requiring the Chief Financial 118
Officer to transfer or reallocate funds, subject to 119
specified conditions; requiring the board to establish 120
authorized positions within funds appropriated to the 121
school; providing for the carryforward of any 122
unexpended funds; amending s. 1011.61, F.S.; 123
conforming cross-references; amending s. 1011.62, 124
F.S.; revising provisions relating to the Florida 125
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 6 of 139
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 Progra m; revising the calculation of 126
the cost factor for secondary career education 127
programs, the annual allocation to each school 128
district, and the funding model for exceptional 129
student education programs; creating the calculation 130
of additional full-time equivalent membership for 131
small school district exceptional student education 132
and the small district factor; providing requirements 133
for such calculation and factor; deleting the 134
supplemental academic instruction allocation; renaming 135
the "district cost differenti al" as the "comparable 136
wage factor"; revising the calculation of such factor; 137
creating the state-funded discretionary contribution; 138
providing requirements for such contribution; creating 139
the educational enrichment allocation and the 140
exceptional student edu cation guaranteed allocation; 141
providing requirements for such allocations; deleting 142
the categorical funds, determination of sparsity 143
supplement, evidence -based reading instruction 144
allocation, requirements for computation of prior year 145
district required loc al effort, and turnaround school 146
supplemental services allocation; revising the 147
calculation of the supplemental allocation for 148
juvenile justice education programs; revising 149
requirements for the safe schools allocation and the 150
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 7 of 139
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
mental health assistance alloc ation; renaming the 151
teacher salary increase allocation as the classroom 152
teacher and other instructional personnel salary 153
increase; revising the requirements for such increase; 154
creating the state-funded discretionary supplement, 155
the categorical funds, and t he educational enrollment 156
stabilization program; providing requirements for the 157
supplement, funds, and program; deleting the 158
calculations for the computation of prior year 159
district required local effort and the turnaround 160
school supplemental services alloc ation; conforming 161
provisions and cross -references to changes made by the 162
act; amending s. 1011.622, F.S.; conforming a cross -163
reference; repealing s. 1011.67, F.S., relating to 164
funds for instructional materials; amending ss. 165
1011.69, 1011.84, 1012.22, 1012. 44, 1012.584, and 166
1012.586, F.S.; conforming provisions and cross -167
references to changes made by the act; amending s. 168
1012.71, F.S.; revising provisions for the calculation 169
of Florida Teachers Classroom Supply Assistance 170
Program funds; deleting provisions r elating to the 171
distribution of program funds; requiring the 172
department to administer a competitive procurement 173
through which eligible classroom teachers may purchase 174
classroom materials and supplies; requiring school 175
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 8 of 139
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 to provide certain informatio n to the 176
department annually by a specified date; deleting a 177
requirement that classroom teachers sign a specified 178
statement; revising requirements for unused funds; 179
creating s. 1012.715, F.S.; requiring the department 180
to provide a one-time sign-on bonus to honorably 181
discharged and retired military veterans and retired 182
first responders who join the teaching profession; 183
providing eligibility criteria; providing for an 184
additional bonus under certain circumstances; 185
providing department and school district 186
responsibilities; authorizing the State Board of 187
Education to adopt rules; providing a directive to the 188
Division of Law Revision; providing for contingent 189
effect of specified provisions; providing effective 190
dates. 191
192
Be It Enacted by the Legislature of the St ate of Florida: 193
194
Section 1. Paragraphs (d) and (f) of subsection (2) of 195
section 11.45, Florida Statutes, are amended to read: 196
11.45 Definitions; duties; authorities; reports; rules. — 197
(2) DUTIES.—The Auditor General shall: 198
(d) Annually conduct fin ancial audits of the accounts and 199
records of all district school boards in counties with 200
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 9 of 139
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
populations of fewer than 150,000, according to the most recent 201
federal decennial statewide census, and the Florida School for 202
the Deaf and the Blind , and the Florida School for Competitive 203
Academics. 204
(f) At least every 3 years, conduct operational audits of 205
the accounts and records of state agencies, state universities, 206
state colleges, district school boards, the Florida Clerks of 207
Court Operations Corporation, water management districts, and 208
the Florida School for the Deaf and the Blind , and the Florida 209
School for Competitive Academics . 210
211
The Auditor General shall perform his or her duties 212
independently but under the general policies established by the 213
Legislative Auditing Committee. This subsection does not limit 214
the Auditor General's discretionary authority to conduct other 215
audits or engagements of governmental entities as authorized in 216
subsection (3). 217
Section 2. Paragraph (a) of subsection (1) of section 218
110.1228, Florida Statutes, is amended to read: 219
110.1228 Participation by small counties, small 220
municipalities, and district school boards located in small 221
counties.— 222
(1) As used in this section, the term: 223
(a) "District school board" means a district school board 224
located in a small county or a district school board that 225
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 10 of 139
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
receives funding pursuant to s. 1011.62(1)(f) s. 1011.62(7). 226
Section 3. Paragraph (a) of subsection (2) of section 227
216.251, Florida Statutes, is amended to read: 228
216.251 Salary appropriations; limitations. — 229
(2)(a) The salary for each position not specifically 230
indicated in the appropriations acts shall be as provided in one 231
of the following subparagraphs: 232
1. Within the classification and pay plans provided for in 233
chapter 110. 234
2. Within the classification and pay plans established by 235
the Board of Trustees for the Florida School for the Deaf and 236
the Blind of the Department of Education and approved by the 237
State Board of Education for academic and academic 238
administrative personn el. 239
3. Within the classification and pay plan approved and 240
administered by the Board of Governors or the designee of the 241
board for those positions in the State University System. 242
4. Within the classification and pay plan approved by the 243
President of the Senate and the Speaker of the House of 244
Representatives, as the case may be, for employees of the 245
Legislature. 246
5. Within the approved classification and pay plan for the 247
judicial branch. 248
6. Within the classification and pay plans established by 249
the Board of Trustees for the Florida School for Competitive 250
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 11 of 139
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
Academics of the Department of Education and approved by the 251
State Board of Education for academic and academic 252
administrative personnel. 253
Section 4. Subsection (6) of section 402.22, Florida 254
Statutes, is amended to read: 255
402.22 Education program for students who reside in 256
residential care facilities operated by the Department of 257
Children and Families or the Agency for Persons with 258
Disabilities.— 259
(6) Notwithstanding the provisions of s. 1001.42(4 )(m), 260
the educational program at the Marianna Sunland Center in 261
Jackson County shall be operated by the Department of Education, 262
either directly or through grants or contractual agreements with 263
other public educational agencies. The annual state allocation 264
to any such agency shall be computed pursuant to s. 1011.62(1), 265
(2), and (17) (6) and allocated in the amount that would have 266
been provided the local school district in which the residential 267
facility is located. 268
Section 5. Subsection (2) of section 44 7.203, Florida 269
Statutes, is amended to read: 270
447.203 Definitions. —As used in this part: 271
(2) "Public employer" or "employer" means the state or any 272
county, municipality, or special district or any subdivision or 273
agency thereof which the commission deter mines has sufficient 274
legal distinctiveness properly to carry out the functions of a 275
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 12 of 139
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 employer. With respect to all public employees determined 276
by the commission as properly belonging to a statewide 277
bargaining unit composed of State Career Service Sys tem 278
employees or Selected Professional Service employees, the 279
Governor is shall be deemed to be the public employer; and the 280
Board of Governors of the State University System, or the 281
board's designee, is shall be deemed to be the public employer 282
with respect to all public employees of each constituent state 283
university. The board of trustees of a community college is 284
shall be deemed to be the public employer with respect to all 285
employees of the community college. The district school board is 286
shall be deemed to be the public employer with respect to all 287
employees of the school district. The Board of Trustees of the 288
Florida School for the Deaf and the Blind is shall be deemed to 289
be the public employer with respect to the academic and academic 290
administrative personnel of the Florida School for the Deaf and 291
the Blind. The Board of Trustees of the Florida School for 292
Competitive Academics is deemed to be the public employer with 293
respect to the academic and academic administrative personnel of 294
the Florida School for Competitive Academics. The Governor is 295
shall be deemed to be the public employer with respect to all 296
employees in the Correctional Education Program of the 297
Department of Corrections established pursuant to s. 944.801. 298
Section 6. Subsection (6) is added to section 1000.04, 299
Florida Statutes, to read: 300
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 13 of 139
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1000.04 Components for the delivery of public education 301
within the Florida Early Learning -20 education system. —Florida's 302
Early Learning-20 education system provides for the delivery of 303
early learning and pu blic education through publicly supported 304
and controlled K-12 schools, Florida College System 305
institutions, state universities and other postsecondary 306
educational institutions, other educational institutions, and 307
other educational services as provided or a uthorized by the 308
Constitution and laws of the state. 309
(6) THE FLORIDA SCHOOL FOR COMPETITIVE ACADEMICS. —The 310
Florida School for Competitive Academics is a component of the 311
delivery of public education within Florida's Early Learning -20 312
education system. 313
Section 7. Contingent upon HB 1069 or similar legislation 314
in the 2023 Regular Session or an extension thereof becoming a 315
law, subsection (6) is added to section 1000.071, Florida 316
Statutes, as created by HB 1069, 2023 Regular Session, to read: 317
1000.071 Personal titles and pronouns. — 318
(6) The limitations of this section only apply to the 319
actions of an employee or contractor acting within the scope of 320
their employment duties with the public K -12 educational 321
institution. 322
Section 8. Paragraph (e) of sub section (4) of section 323
1001.20, Florida Statutes, is amended to read: 324
1001.20 Department under direction of state board. — 325
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 14 of 139
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) The Department of Education shall establish the 326
following offices within the Office of the Commissioner of 327
Education which shall coordinate their activities with all other 328
divisions and offices: 329
(e) Office of Inspector General. —Organized using existing 330
resources and funds and responsible for promoting 331
accountability, efficiency, and effectiveness and detecting 332
fraud and abuse within school districts, the Florida School for 333
the Deaf and the Blind, the Florida School for Competitive 334
Academics, and Florida College System institutions in Florida. 335
If the Commissioner of Education determines that a district 336
school board, the Board of Trustees for the Florida School for 337
the Deaf and the Blind, the Board of Trustees for the Florida 338
School for Competitive Academics, or a Florida College System 339
institution board of trustees is unwilling or unable to address 340
substantiated allegations made b y any person relating to waste, 341
fraud, or financial mismanagement within the school district, 342
the Florida School for the Deaf and the Blind, the Florida 343
School for Competitive Academics, or the Florida College System 344
institution, the office must shall conduct, coordinate, or 345
request investigations into such substantiated allegations. The 346
office shall investigate allegations or reports of possible 347
fraud or abuse against a district school board made by any 348
member of the Cabinet; the presiding officer of either house of 349
the Legislature; a chair of a substantive or appropriations 350
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 15 of 139
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
committee with jurisdiction; or a member of the board for which 351
an investigation is sought. The office shall have access to all 352
information and personnel necessary to perform its d uties and 353
shall have all of its current powers, duties, and 354
responsibilities authorized in s. 20.055. 355
Section 9. Subsections (8) through (12) of section 356
1001.215, Florida Statutes, are renumbered as subsections (7) 357
through (11), respectively, and subse ctions (1), (3), (4), and 358
(6) and present subsection (7) of that section are amended to 359
read: 360
1001.215 Just Read, Florida! Office. —There is created in 361
the Department of Education the Just Read, Florida! Office. The 362
office is fully accountable to the Commi ssioner of Education and 363
shall: 364
(1) Provide training to reading coaches and school 365
administrators on the evidence -based strategies identified 366
pursuant to subsection (7) (8) for purposes of implementation, 367
modeling, and classroom observations to support p rofessional 368
growth and inform performance evaluations of instructional 369
personnel. 370
(3) Work with the Lastinger Center for Learning at the 371
University of Florida to develop training for K -12 teachers, 372
reading coaches, and school administrators on effective content-373
area-specific reading strategies; the coordinated integration of 374
content-rich curriculum from other core subject areas into 375
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 16 of 139
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
reading instruction, with an emphasis on civic literacy; and 376
evidence-based reading strategies identified pursuant to 377
subsection (7) (8) to improve student reading performance. For 378
secondary teachers, emphasis shall be on technical text. These 379
strategies must be developed for all content areas in the K -12 380
curriculum. 381
(4) Develop and provide access to sequenced, content -rich 382
curriculum programming, instructional practices, and resources 383
that help elementary schools use state -adopted instructional 384
materials to increase students' background knowledge and 385
literacy skills, including student attainment of the Next 386
Generation Sunshine State Standards for social studies, science, 387
and the arts. The office shall, as part of the adoption cycle 388
for English Language Arts instructional materials, assist in 389
evaluating elementary grades instructional materials submitted 390
for adoption considerat ion in order to identify those materials 391
that are closely aligned to the content and evidence -based 392
strategies identified pursuant to subsection (7) (8) and 393
incorporate professional development to implement such 394
strategies. 395
(6) Provide technical assistance to school districts in 396
the development and implementation of district plans required 397
under s. 1003.4201 for use of the evidence -based reading 398
instruction allocation provided in s. 1011.62(8) and annually 399
review and approve such plans. 400
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 17 of 139
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) Review, evaluate, and provide technical assistance to 401
school districts' implementation of the comprehensive reading 402
plan required in s. 1011.62(8). 403
Section 10. Notwithstanding the expiration date in section 404
8 of chapter 2022-157, Laws of Florida, subsection (1) of 405
section 1001.26, Florida Statutes, is amended to read: 406
1001.26 Public broadcasting program system. — 407
(1) There is created a public broadcasting program system 408
for the state. The department shall provide funds, as 409
specifically appropriated in the General Appropriations Act, to 410
educational television and radio stations qualified by the 411
Corporation for Public Broadcasting or public colleges and 412
universities that are part of the public broadcasting program 413
system. The program system must include: 414
(a) Support for existing Corporation for Public 415
Broadcasting qualified program system educational television 416
stations. 417
(b) Maintenance of quality broadcast capability for 418
educational stations that are part of the program system. 419
(c) Interconnection of all educational stations that are 420
part of the program system for simultaneous broadcast and of 421
such stations with all universities and other institutions as 422
necessary for sharing of resources and delivery of programming. 423
(d) Establishment and maintenance of a capability for 424
statewide program distribution with facilities and staff, 425
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 18 of 139
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 such facilities and staff complement and strengthen 426
existing educational television stations. 427
(e) Provision of both statewide programming funds and 428
station programming support for educational television to meet 429
statewide priorities. Priorities for station programming need 430
not be the same as priorities for programming to be used 431
statewide. Station programming may include, but shall not be 432
limited to, citizens' participation programs, music and fine 433
arts programs, coverage of public hearings and governmental 434
meetings, equal air time for political candidates, and other 435
public interest programming. 436
Section 11. Subsection (21) of section 1001.42, F lorida 437
Statutes, is amended to read: 438
1001.42 Powers and duties of district school board. —The 439
district school board, acting as a board, shall exercise all 440
powers and perform all duties listed below: 441
(21) EDUCATIONAL EMERGENCY. —Negotiate special provisio ns 442
of its contract with the appropriate bargaining units To free 443
schools with a school grade of "D" or "F" from contract 444
restrictions that limit the school's ability to implement 445
programs and strategies needed to improve student performance , a 446
district school board may adopt salary incentives or other 447
strategies that address . The negotiations shall result in a 448
memorandum of understanding that addresses the selection, 449
placement, compensation, and expectations of instructional 450
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 19 of 139
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 and provide provides principals with the autonomy 451
described in s. 1012.28(8). For purposes of this subsection, an 452
educational emergency exists in a school district if one or more 453
schools in the district have a school grade of "D" or "F." 454
Notwithstanding chapter 447, relating to collective bargaining, 455
a district school board may: 456
(a) Provide salary incentives that differentiate based on 457
a teacher's certification, subject area taught, or grade level 458
taught. Such incentives are not subject to collective bargaining 459
requirements. 460
(b) Notwithstanding s. 1012.2315, relating to assignment 461
of teachers, adopt strategies to assign high -quality teachers 462
more equitably across schools in the district to low -performing 463
schools as a management right. Such strategies are not subject 464
to collective bargaining requirements. 465
Section 12. Paragraph (h) is added to subsection (2) of 466
section 1001.43, Florida Statutes, to read: 467
1001.43 Supplemental powers and duties of district school 468
board.—The district school board may exercise the following 469
supplemental powers and duties as authorized by this code or 470
State Board of Education rule. 471
(2) FISCAL MANAGEMENT. —The district school board may adopt 472
policies providing for fiscal management of the school district 473
with respect to school purchasing, facili ties, nonstate revenue 474
sources, budgeting, fundraising, and other activities relating 475
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 20 of 139
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to the fiscal management of district resources, including, but 476
not limited to, the policies governing: 477
(h) Assessment of a kindergarten through grade 12 student 478
fee for voluntary, noncredit summer school enrollment in basic 479
program courses. The amount of any student fee shall be based on 480
the ability of the student to pay such fee as determined by 481
district school board policy. 482
Section 13. Paragraphs (e) through (h) of subsection (9) 483
of section 1002.32, Florida Statutes, are redesignated as 484
paragraphs (d) through (g), respectively, and present paragraphs 485
(a) and (d) of that subsection are amended to read: 486
1002.32 Developmental research (laboratory) schools. — 487
(9) FUNDING.—Funding for a lab school, including a charter 488
lab school, shall be provided as follows: 489
(a) Each lab school shall receive state funds for 490
operating purposes as provided in be allocated its proportional 491
share of operating funds from the Florida Education Finance 492
Program as defined provided in s. 1011.61(5) s. 1011.62 based on 493
the county in which the lab school is located and as specified 494
in the General Appropriations Act. 495
1. The nonvoted required local effort millage established 496
pursuant to s. 1011.71(1) ad valorem millage that would 497
otherwise be required for lab schools shall be allocated from 498
state funds. 499
2. An equivalent amount of funds for the operating 500
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 21 of 139
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
discretionary millage authorized pursuant to s. 1011.71(1) shall 501
be allocated to each la b school through a state -funded 502
discretionary contribution established pursuant to s. 1011.62(6) 503
The required local effort funds calculated pursuant to s. 504
1011.62 shall be allocated from state funds to the schools as a 505
part of the allocation of operating f unds pursuant to s. 506
1011.62. Each eligible lab school in operation as of September 507
1, 2013, with a permanent high school center shall also receive 508
a proportional share of the sparsity supplement as calculated 509
pursuant to s. 1011.62. In addition, each lab s chool shall 510
receive its proportional share of all categorical funds, with 511
the exception of s. 1011.68, and new categorical funds enacted 512
after July 1, 1994, for the purpose of elementary or secondary 513
academic program enhancement. The sum of funds available as 514
provided in this paragraph shall be included annually in the 515
Florida Education Finance Program and appropriate categorical 516
programs funded in the General Appropriations Act. 517
(d) Each lab school shall receive funds for operating 518
purposes in an amount determined as follows: multiply the 519
maximum allowable nonvoted discretionary millage for operations 520
pursuant to s. 1011.71(1) and (3) by the value of 96 percent of 521
the current year's taxable value for school purposes for the 522
district in which each lab scho ol is located; divide the result 523
by the total full-time equivalent membership of the district; 524
and multiply the result by the full -time equivalent membership 525
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 22 of 139
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 the lab school. The amount thus obtained shall be 526
discretionary operating funds and shall be ap propriated from 527
state funds in the General Appropriations Act to the Lab School 528
Trust Fund. 529
Section 14. Section 1002.351, Florida Statutes, is created 530
to read: 531
1002.351 The Florida School for Competitive Academics. — 532
(1) ESTABLISHMENT.—There is established the Florida School 533
for Competitive Academics. The school shall be located in 534
Alachua County and is a state -supported public school for 535
Florida residents in grades 6 -12. The primary purpose of the 536
school is to provide a rigorous academic curriculum, and the 537
secondary purpose is to prepare students for regional, state, 538
and national academic competitions in all areas of study, 539
including, but not limited to, science, technology, engineering, 540
and mathematics. The school may admit students in grades 6 -12 541
beginning in the 2024 -2025 school year. 542
(2) MISSION.— 543
(a) The mission of the Florida School for Competitive 544
Academics is to provide students who meet selective admissions 545
requirements an environment that will foster high academic 546
engagement and advanced understanding of subject areas, develop 547
productive work habits, build resiliency, connect students with 548
industry leaders, and promote civic leadership. 549
(b) To assist in the recruitment of students, the Florida 550
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 23 of 139
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 for Competitive Academics mu st be included in the school 551
choice online portal established under s. 1001.10(10). The 552
portal must include information about the opportunity for 553
parents to submit their child's educational records to the 554
Florida School for Competitive Academics for consid eration for 555
admission. 556
(3) BOARD OF TRUSTEES. — 557
(a)1. The Florida School for Competitive Academics shall 558
be governed by a board of trustees composed of seven members 559
appointed by the Governor to 4 -year terms and confirmed by the 560
Senate. For purposes of staggering terms, four members, 561
including the chair as designated by the Governor, shall be 562
appointed to 4-year terms beginning July 1, 2023, and three 563
members shall be appointed to 2 -year terms beginning July 1, 564
2023. After the initial 4 -year term, the chair shall be elected 565
by the board. 566
2. No more than one employee of the school may serve on 567
the board of trustees as a member or as chair. 568
(b) Members of the board of trustees shall serve without 569
compensation, but may be reimbursed for per diem and trav el 570
expenses pursuant to s. 112.061. 571
(c) The board of trustees is a public agency entitled to 572
sovereign immunity pursuant to s. 768.28, and board members are 573
public officers who bear fiduciary responsibility for the 574
Florida School for Competitive Academic s. 575
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 24 of 139
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) The board of trustees is a body corporate with all the 576
powers of a body corporate and with such authority as is needed 577
for the proper operation and improvement of the Florida School 578
for Competitive Academics. Title to any gift, donation, or 579
bequest received by the board of trustees must vest in the board 580
of trustees. Title to all other property and other assets of the 581
Florida School for Competitive Academics must vest in the State 582
Board of Education, but the board of trustees has complete 583
jurisdiction over the management of the school. 584
(e) The board of trustees has the full power and authority 585
to: 586
1. Adopt rules pursuant to ss. 120.536(1) and 120.54 to 587
implement provisions of law relating to operation of the Florida 588
School for Competitive Academ ics. Such rules must be submitted 589
to the State Board of Education for approval or disapproval. 590
After a rule is approved by the State Board of Education, the 591
rule must be filed immediately with the Department of State. The 592
board of trustees shall act at all times in conjunction with the 593
rules of the State Board of Education. 594
2. Appoint a principal, administrators, teachers, and 595
other employees. 596
3. Remove principals, administrators, teachers, and other 597
employees at the board's discretion. 598
4. Determine eligibility of students and procedures for 599
admission. 600
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 25 of 139
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. Provide for the proper keeping of accounts and records 601
and for budgeting of funds. 602
6. Receive gifts, donations, and bequests of money or 603
property, real or personal, tangible or intangible, from an y 604
person, firm, corporation, or other legal entity for the use and 605
benefit of the school. 606
7. Recommend to the Legislature for the school to become a 607
residential public school. 608
8. Do and perform every other matter or thing requisite to 609
the proper management, maintenance, support, and control of the 610
school at the highest efficiency economically possible. 611
(f) The board of trustees shall: 612
1. Prepare and submit legislative budget requests for 613
operations and fixed capital outlay, in accordance with chapte r 614
216 and ss. 1011.56 and 1013.60, to the Department of Education 615
for review and approval. The department must analyze the amount 616
requested for fixed capital outlay to determine if the request 617
is consistent with the school's campus master plan, educational 618
plant survey, and facilities master plan. 619
2. Approve and administer an annual operating budget in 620
accordance with ss. 1011.56 and 1011.57. 621
3. Require all purchases to be in accordance with chapter 622
287 except for purchases made with funds received as g ifts, 623
donations, or bequests or funds raised by or belonging to 624
student clubs or student organizations. 625
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 26 of 139
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. Administer and maintain personnel programs for all 626
employees of the board of trustees and the Florida School for 627
Competitive Academics, who shall b e school employees, including 628
the personnel. 629
5. Ensure that the Florida School for Competitive 630
Academics complies with s. 1013.351 concerning the coordination 631
of planning between the Florida School for Competitive Academics 632
and local governing bodies. 633
6. Ensure that the Florida School for Competitive 634
Academics complies with s. 112.061 concerning per diem and 635
travel expenses. 636
7. Adopt a master plan that specifies the objectives of 637
the Florida School for Competitive Academics. The plan must be 638
for a period of 5 years and must be reviewed for needed 639
modifications every 2 years. The board of trustees shall submit 640
the initial plan and subsequent modifications to the President 641
of the Senate and the Speaker of the House of Representatives. 642
(4) STUDENT AND EMPLOYEE RECORDS.—The board of trustees 643
shall provide for the content and custody of student and 644
employee personnel records. Student records are subject to s. 645
1002.22. Employee records are subject to s. 1012.31. 646
(5) PERSONNEL.— 647
(a) The Florida School fo r Competitive Academics Board of 648
Trustees shall require all employees and applicants for 649
employment to undergo background screening as provided in s. 650
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 27 of 139
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
1012.32 as a condition of employment and continued employment. 651
Members of the board of trustees must also undergo background 652
screening in accordance with the relevant provisions of s. 653
1012.32. An individual may not be employed as an employee or 654
contract personnel of the school or serve as a member of the 655
board of trustees if the individual is on the disqualifi cation 656
list maintained by the department pursuant to s. 1001.10(4)(b). 657
(b) In accordance with law and rules of the State Board of 658
Education, the board of trustees shall administer and maintain 659
personnel programs for all employees of the board of trustees 660
and the Florida School for Competitive Academics. The board of 661
trustees may adopt rules, policies, and procedures related to 662
the appointment, employment, and removal of personnel. 663
1. The board of trustees shall determine the compensation, 664
including salaries and fringe benefits, and other conditions of 665
employment for such personnel. 666
2. Classroom teachers employed by the school must be 667
certified pursuant to chapter 1012. 668
3. Each person employed by the board of trustees in an 669
academic, administrative, o r instructional capacity with the 670
Florida School for Competitive Academics is entitled to a 671
contract as provided by rules of the board of trustees. 672
4. All employees, except temporary, seasonal, and student 673
employees, may be provided Florida Retirement Sy stem benefits 674
from the school through operational costs. 675
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 28 of 139
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) FUNDING.— 676
(a) The Florida School for Competitive Academics shall 677
receive state funds for operating purposes as provided in the 678
General Appropriations Act. 679
(b) In addition to the funds provi ded in the General 680
Appropriations Act, the Florida School for Competitive Academics 681
may receive other funds from grants and donations. 682
(7) AUDITS.—The Auditor General shall conduct audits of 683
the accounts and records of the Florida School for Competitive 684
Academics as provided in s. 11.45. The Department of Education's 685
Inspector General is authorized to conduct investigations at the 686
school as provided in s. 1001.20(4)(e). 687
(8) EXEMPTION FROM STATUTES. — 688
(a) The Florida School for Competitive Academics is exempt 689
from all statutes in chapters 1000 -1013. However, the Florida 690
School for Competitive Academics shall be in compliance with the 691
following statutes in chapters 1000 -1013: 692
1. This section. 693
2. Those statutes pertaining to the student assessment 694
program and school grading system. 695
3. Those statutes pertaining to the provision of services 696
to students with disabilities. 697
4. Those statutes pertaining to civil rights, including, 698
but not limited to, s. 1000.05, relating to discrimination. 699
5. Those statutes pertaining to student health, safety, 700
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 29 of 139
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
and welfare. 701
(b) Additionally, the Florida School for Competitive 702
Academics shall be in compliance with the following statutes: 703
1. Section 286.011, relating to public meetings and 704
records, public inspection, a nd criminal and civil penalties. 705
2. Chapter 119, relating to public records. 706
3. Section 1006.12, relating to safe -school officers. 707
4. Section 1006.07(7), relating to threat assessment 708
teams. 709
5. Section 1006.07(9), relating to school environmental 710
safety incident reporting. 711
6. Section 1006.07(10), relating to reporting of 712
involuntary examinations. 713
7. Section 1006.1493, relating to the Florida Safe Schools 714
Assessment Tool. 715
8. Section 1006.07(6)(d), relating to adopting active 716
assailant response plans. 717
9. Section 943.082(4)(b), relating to the mobile 718
suspicious activity reporting tool. 719
10. Section 1012.584, relating to youth mental health 720
awareness and assistance training. 721
11. Section 1003.4282, relating to requirements for a 722
standard high school diploma. 723
12. Section 1003.03(1), relating to class size maximums. 724
13.a. Section 1011.61, relating to instructional hours 725
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 30 of 139
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
requirements. 726
b. Notwithstanding sub -subparagraph a., the school may 727
provide instruction that exceeds the minimum time requirements 728
for the purposes of offering a summer program. 729
(c) For purposes of this subsection: 730
1. The duties assigned to a district school superintendent 731
apply to the director of the Florida School for Competitive 732
Academics. 733
2. The duties assigned to a district school board apply to 734
the board of trustees. 735
Section 15. Paragraphs (e) and (f) of subsection (3) of 736
section 1002.37, Florida Statutes, are amended to read: 737
1002.37 The Florida Virtual School. — 738
(3) Funding for the Florida Virtual Scho ol shall be 739
provided as follows: 740
(e) The comparable wage factor district cost differential 741
as provided in s. 1011.62(2) shall be established as 1.000. 742
(f) The Florida Virtual School shall receive state funds 743
for operating purposes as provided in the Ge neral Appropriations 744
Act. The calculation to determine the amount of state funds 745
includes: the sum of the basic amount for current operations 746
established in s. 1011.62(1)(s), the discretionary millage 747
compression supplement established in s. 1011.62(5) base Florida 748
Education Finance Program funding , the state-funded 749
discretionary contribution established in s. 1011.62(6), and a 750
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 31 of 139
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
per-full-time equivalent share of the discretionary millage 751
compression supplement, the exceptional student education 752
guaranteed allocation established in s. 1011.62(8) , and the 753
mental health assistance allocation established in s. 754
1011.62(13) the instructional materials allocation, the 755
evidence-based reading instruction allocation, the mental health 756
assistance allocation, and the tea cher salary increase 757
allocation. For the purpose of calculating the state -funded 758
discretionary contribution, multiply the maximum allowable 759
nonvoted discretionary millage for operations pursuant to s. 760
1011.71(1) and (3) by the value of 96 percent of the cu rrent 761
year's taxable value for school purposes for the state; divide 762
the result by the total full -time equivalent membership of the 763
state; and multiply the result by the full -time equivalent 764
membership of the school. Funds may not be provided for the 765
purpose of fulfilling the class size requirements in ss. 1003.03 766
and 1011.685. 767
Section 16. Subsection (12) of section 1002.394, Florida 768
Statutes, as amended by chapter 2023 -16, Laws of Florida, is 769
amended to read: 770
1002.394 The Family Empowerment Scholarsh ip Program.— 771
(12) SCHOLARSHIP FUNDING AND PAYMENT. — 772
(a)1. Scholarships for students determined eligible 773
pursuant to paragraph (3)(a) may be funded once all scholarships 774
have been funded in accordance with s. 1002.395(6)(l)2. The 775
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 32 of 139
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
calculated scholarship amount for a participating student 776
determined eligible pursuant to paragraph (3)(a) shall be based 777
upon the grade level and school district in which the student 778
was assigned as 100 percent of the funds per unweighted full -779
time equivalent in the Florida Edu cation Finance Program for a 780
student in the basic program established pursuant to s. 781
1011.62(1)(c)1., plus a per -full-time equivalent share of funds 782
for the all categorical programs established in s. 1011.62(5), 783
(7)(a), and (16), as funded in the General A ppropriations Act, 784
except for the exceptional student education guaranteed 785
allocation established pursuant to s. 1011.62(1)(e) . 786
2. A scholarship of $750 or an amount equal to the school 787
district expenditure per student riding a school bus, as 788
determined by the department, whichever is greater, may be 789
awarded to an eligible student who is enrolled in a Florida 790
public school that is different from the school to which the 791
student was assigned or in a lab school as defined in s. 1002.32 792
if the school distric t does not provide the student with 793
transportation to the school. 794
3. The organization must provide the department with the 795
documentation necessary to verify the student's participation. 796
Upon receiving the documentation, the department shall transfer, 797
beginning August 1, from state funds only, the amount calculated 798
pursuant to subparagraph 2. to the organization for quarterly 799
disbursement to parents of participating students each school 800
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 33 of 139
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
year in which the scholarship is in force. For a student exiting 801
a Department of Juvenile Justice commitment program who chooses 802
to participate in the scholarship program, the amount of the 803
Family Empowerment Scholarship calculated pursuant to 804
subparagraph 2. must be transferred from the school district in 805
which the student last attended a public school before 806
commitment to the Department of Juvenile Justice. When a student 807
enters the scholarship program, the organization must receive 808
all documentation required for the student's participation, 809
including the private school's a nd the student's fee schedules, 810
at least 30 days before the first quarterly scholarship payment 811
is made for the student. 812
4. The initial payment shall be made after the 813
organization's verification of admission acceptance, and 814
subsequent payments shall be made upon verification of continued 815
enrollment and attendance at the private school. Payment must be 816
by funds transfer or any other means of payment that the 817
department deems to be commercially viable or cost -effective. An 818
organization shall ensure that th e parent has approved a funds 819
transfer before any scholarship funds are deposited. 820
5. An organization may not transfer any funds to an 821
account of a student determined eligible pursuant to paragraph 822
(3)(a) which has a balance in excess of $24,000. 823
(b)1. Scholarships for students determined eligible 824
pursuant to paragraph (3)(b) are established for up to 26,500 825
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 34 of 139
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 annually beginning in the 2022 -2023 school year. 826
Beginning in the 2023 -2024 school year, the maximum number of 827
students participating in t he scholarship program under this 828
section shall annually increase by 3.0 percent of the state's 829
total exceptional student education full -time equivalent student 830
membership, not including gifted students. An eligible student 831
who meets any of the following r equirements shall be excluded 832
from the maximum number of students if the student: 833
a. Received specialized instructional services under the 834
Voluntary Prekindergarten Education Program pursuant to s. 835
1002.66 during the previous school year and the student has a 836
current IEP developed by the district school board in accordance 837
with rules of the State Board of Education; 838
b. Is a dependent child of a law enforcement officer or a 839
member of the United States Armed Forces, a foster child, or an 840
adopted child; or 841
c. Spent the prior school year in attendance at a Florida 842
public school or the Florida School for the Deaf and the Blind. 843
For purposes of this subparagraph, the term "prior school year 844
in attendance" means that the student was enrolled and reported 845
by: 846
(I) A school district for funding during either the 847
preceding October or February full -time equivalent student 848
membership surveys in kindergarten through grade 12, which 849
includes time spent in a Department of Juvenile Justice 850
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 35 of 139
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 851
Program; 852
(II) The Florida School for the Deaf and the Blind during 853
the preceding October or February full -time equivalent student 854
membership surveys in kindergarten through grade 12; 855
(III) A school district for fund ing during the preceding 856
October or February full -time equivalent student membership 857
surveys, was at least 4 years of age when enrolled and reported, 858
and was eligible for services under s. 1003.21(1)(e); or 859
(IV) Received a John M. McKay Scholarship for S tudents 860
with Disabilities in the 2021 -2022 school year. 861
2. For a student who has a Level I to Level III matrix of 862
services or a diagnosis by a physician or psychologist, the 863
calculated scholarship amount for a student participating in the 864
program must be based upon the grade level and school district 865
in which the student would have been enrolled as the total funds 866
per unweighted full-time equivalent in the Florida Education 867
Finance Program for a student in the basic exceptional student 868
education program pursuant to s. 1011.62(1)(c) and (d) s. 869
1011.62(1)(c)1. and (e)1.c. , plus a per full-time equivalent 870
share of funds for the all categorical programs established in 871
s. 1011.62(5), (7)(a), (8), and (16), as funded in the General 872
Appropriations Act. For the ca tegorical program established , as 873
funded in the General Appropriations Act, except that for the 874
exceptional student education guaranteed allocation, as provided 875
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 36 of 139
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
in s. 1011.62(8) s. 1011.62(1)(e)1.c. and 2. , the funds must be 876
allocated based on the school district's average exceptional 877
student education guaranteed allocation funds per exceptional 878
student education full -time equivalent student. 879
3. For a student with a Level IV or Level V matrix of 880
services, the calculated scholarship amount must be based u pon 881
the school district to which the student would have been 882
assigned as the total funds per full -time equivalent for the 883
Level IV or Level V exceptional student education program 884
pursuant to s. 1011.62(1)(c)2.a. or b., plus a per -full time 885
equivalent share of funds for the all categorical programs 886
established in s. 1011.62(5), (7)(a), and (16) , as funded in the 887
General Appropriations Act. 888
4. For a student who received a Gardiner Scholarship 889
pursuant to s. 1002.385 in the 2020 -2021 school year, the amount 890
shall be the greater of the amount calculated pursuant to 891
subparagraph 2. or the amount the student received for the 2020 -892
2021 school year. 893
5. For a student who received a John M. McKay Scholarship 894
pursuant to s. 1002.39 in the 2020 -2021 school year, the amount 895
shall be the greater of the amount calculated pursuant to 896
subparagraph 2. or the amount the student received for the 2020 -897
2021 school year. 898
6. The organization must provide the department with the 899
documentation necessary to verify the student' s participation. 900
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 37 of 139
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. Upon receiving the documentation, the department shall 901
release, from state funds only, the student's scholarship funds 902
to the organization, to be deposited into the student's account 903
in four equal amounts no later than September 1, No vember 1, 904
February 1, and April 1 of each school year in which the 905
scholarship is in force. 906
8. Accrued interest in the student's account is in 907
addition to, and not part of, the awarded funds. Program funds 908
include both the awarded funds and accrued inter est. 909
9. The organization may develop a system for payment of 910
benefits by funds transfer, including, but not limited to, debit 911
cards, electronic payment cards, or any other means of payment 912
which the department deems to be commercially viable or cost -913
effective. A student's scholarship award may not be reduced for 914
debit card or electronic payment fees. Commodities or services 915
related to the development of such a system must be procured by 916
competitive solicitation unless they are purchased from a state 917
term contract pursuant to s. 287.056. 918
10. An organization may not transfer any funds to an 919
account of a student determined to be eligible pursuant to 920
paragraph (3)(b) which has a balance in excess of $50,000. 921
11. Moneys received pursuant to this section do not 922
constitute taxable income to the qualified student or the parent 923
of the qualified student. 924
Section 17. Paragraph (e) of subsection (1) and paragraph 925
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 38 of 139
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) of subsection (6) of section 1002.45, Florida Statutes, are 926
amended to read: 927
1002.45 Virtual instruction programs. — 928
(1) PROGRAM.— 929
(e) Each school district shall: 930
1. Provide to the department by each October 1, a copy of 931
each contract and the amount paid per unweighted full -time 932
equivalent virtual student for services procured pursuant to 933
subparagraphs (c)1. and 2. 934
2. Expend any difference in the amount of funds per 935
unweighted full-time equivalent virtual student allocated to the 936
school district pursuant to subsection (6) and the amount paid 937
per unweighted full-time equivalent virtual studen t by the 938
school district for a contract executed pursuant to subparagraph 939
(c)1. or subparagraph (c)2. on acquiring computer and device 940
hardware and associated operating system software that comply 941
with the requirements of s. 1001.20(4)(a)1.b. 942
3. Provide to the department by September 1 of each year 943
an itemized list of items acquired in subparagraph 2. 944
4. Limit the enrollment of full -time equivalent virtual 945
students residing outside of the school district providing the 946
virtual instruction pursuant to par agraph (c) to no more than 947
those that can be funded from state Florida Education Finance 948
Program funds 50 percent of the total enrolled full -time 949
equivalent virtual students residing inside the school district 950
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 39 of 139
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 virtual instruction. This subpar agraph applies to 951
any virtual instruction contract or agreement that is entered 952
into for the first time after June 30, 2021. However, a school 953
district may not enroll more full -time equivalent virtual 954
students residing outside of the school district than t he total 955
number of reported full -time equivalent students residing inside 956
the school district. 957
(6) VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER SCHOOL 958
FUNDING.— 959
(b) Students enrolled in a virtual instruction program 960
shall be funded in the Florida Ed ucation Finance Program as 961
provided in the General Appropriations Act. The calculation to 962
determine the amount of funds for each student through the 963
Florida Education Finance Program shall include the sum of the 964
basic amount for current operations establis hed in base Florida 965
Education Finance Program pursuant to s. 1011.62(1)(s) and all 966
categorical programs except for the categorical programs 967
established in ss. 1011.62(7), (12), and (16), 1011.68, and 968
1011.685 pursuant to ss. 1011.62(1)(f), (7), and (13); 1 011.68; 969
1011.685; and 1012.71 . Students residing outside of the school 970
district reporting the full -time equivalent virtual student 971
shall be funded from state funds only. 972
Section 18. Subsection (1) of section 1002.59, Florida 973
Statutes, is amended to rea d: 974
1002.59 Emergent literacy and performance standards 975
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 40 of 139
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
training courses.— 976
(1) The department, in collaboration with the Just Read, 977
Florida! Office, shall adopt minimum standards for courses in 978
emergent literacy for prekindergarten instructors. Each cou rse 979
must comprise 5 clock hours and provide instruction in 980
strategies and techniques to address the age -appropriate 981
progress of prekindergarten students in developing emergent 982
literacy skills, including oral communication, knowledge of 983
print and letters, p honological and phonemic awareness, and 984
vocabulary and comprehension development, consistent with the 985
evidence-based content and strategies identified pursuant to s. 986
1001.215(7) s. 1001.215(8). The course standards must be 987
reviewed as part of any review of subject coverage or 988
endorsement requirements in the elementary, reading, and 989
exceptional student educational areas conducted pursuant to s. 990
1012.586. Each course must also provide resources containing 991
strategies that allow students with disabilities and o ther 992
special needs to derive maximum benefit from the Voluntary 993
Prekindergarten Education Program. Successful completion of an 994
emergent literacy training course approved under this section 995
satisfies requirements for approved training in early literacy 996
and language development under ss. 402.305(2)(e)5., 402.313(6), 997
and 402.3131(5). 998
Section 19. Paragraph (b) of subsection (3) of section 999
1002.71, Florida Statutes, is amended to read: 1000
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 41 of 139
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
1002.71 Funding; financial and attendance reporting. — 1001
(3) 1002
(b) Each county's allocation per full -time equivalent 1003
student in the Voluntary Prekindergarten Education Program shall 1004
be calculated annually by multiplying the base student 1005
allocation provided in the General Appropriations Act by the 1006
county's comparable wage factor district cost differential 1007
provided in s. 1011.62(2). Each private prekindergarten provider 1008
and public school shall be paid in accordance with the county's 1009
allocation per full-time equivalent student. 1010
Section 20. Paragraph (a) of subsection (17) of se ction 1011
1002.84, Florida Statutes, is amended to read: 1012
1002.84 Early learning coalitions; school readiness powers 1013
and duties.—Each early learning coalition shall: 1014
(17)(a) Distribute the school readiness program funds as 1015
allocated in the General Appropria tions Act to the eligible 1016
providers using the following methodology: 1017
1. For each county in the early learning coalition, 1018
multiply the cost of care by care level as provided in s. 1019
1002.90 by the county's comparable wage factor district cost 1020
differential provided in s. 1011.62(2). 1021
2. If a county enacted a local ordinance before January 1, 1022
2022, that establishes the county's staff -to-children ratio for 1023
licensed child care facilities below the ratio established in s. 1024
402.305(4), multiply the provider reimbu rsement rates for that 1025
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 42 of 139
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
county by the adjustment factor specified in the General 1026
Appropriations Act. 1027
3. Apply the weight established pursuant to s. 1002.90 for 1028
each provider type to calculate the minimum provider 1029
reimbursement rates by care level. 1030
4. Multiply the weighted provider reimbursement rates by 1031
22 percent to determine the amount of the school readiness 1032
allocation an early learning coalition is eligible to retain 1033
pursuant to s. 1002.89(4). 1034
1035
Each early learning coalition with approved minimum pr ovider 1036
reimbursement rates for the infant to age 5 care levels that are 1037
higher than the minimum provider reimbursement rates established 1038
in this subsection may continue to implement its approved 1039
minimum provider reimbursement rates until the rates establis hed 1040
in this subsection exceed its approved rates. 1041
Section 21. Paragraph (a) of subsection (1) of section 1042
1002.89, Florida Statutes, is amended to read: 1043
1002.89 School readiness program; funding. — 1044
(1) DETERMINATION OF EARLY LEARNING COALITION SCHOOL 1045
READINESS PROGRAM FUNDING. —Funding for the school readiness 1046
program shall be used by the early learning coalitions in 1047
accordance with this part and the General Appropriations Act. 1048
(a) School readiness program allocation. —If the annual 1049
allocation for the school readiness program is not determined in 1050
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 43 of 139
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 or the substantive bill 1051
implementing the General Appropriations Act, it shall be 1052
determined as follows: 1053
1. For each county in the early learning coalition, the 1054
total school readiness eligible population, as adopted by the 1055
Early Learning Programs Estimating Conference pursuant to s. 1056
216.136(8), shall be multiplied by the county's comparable wage 1057
factor district cost differential provided in s. 1011.62(2). 1058
2. If a county passed a local ordinance before January 1, 1059
2022, that establishes the county's staff -to-children ratio for 1060
licensed child care facilities below the ratio established in s. 1061
402.305(4), multiply the product calculated in subparagraph 1. 1062
by the adjustment factor spe cified in the General Appropriations 1063
Act. 1064
3. Each county's school readiness allocation shall be 1065
based on the county's proportionate share of the total adjusted 1066
eligible school readiness population. 1067
Section 22. Paragraph (c) of subsection (1) of secti on 1068
1002.995, Florida Statutes, is amended to read: 1069
1002.995 Early learning professional development standards 1070
and career pathways. — 1071
(1) The department shall: 1072
(c) Subject to the appropriation of funds by the 1073
Legislature, provide incentives to school r eadiness personnel 1074
who meet the requirements of s. 1002.88(1)(e) and 1075
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 44 of 139
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
prekindergarten instructors who meet the requirements specified 1076
in s. 1002.55, s. 1002.61, or s. 1002.63 and who possess a 1077
reading certification or endorsement or a literacy micro -1078
credential as specified in s. 1003.485 and teach students in the 1079
school readiness program or the voluntary prekindergarten 1080
education program or work in a child care or early learning 1081
setting. 1082
Section 23. Paragraph (a) of subsection (4) of section 1083
1003.03, Florida Statutes, is amended to read: 1084
1003.03 Maximum class size. — 1085
(4) ACCOUNTABILITY. — 1086
(a) If the department determines that the number of 1087
students assigned to any individual class exceeds the class size 1088
maximum, as required in subsection (1), based up on the October 1089
student membership survey, the department shall: 1090
1. Identify, for each grade group, the number of classes 1091
in which the number of students exceeds the maximum and the 1092
total number of students which exceeds the maximum for all 1093
classes. 1094
2. Determine the number of FTE students which exceeds the 1095
maximum for each grade group. 1096
3. Multiply the total number of FTE students which exceeds 1097
the maximum for each grade group by the district's FTE dollar 1098
amount of the class size categorical allocation for that year 1099
and calculate the total for all three grade groups. 1100
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 45 of 139
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. Multiply the total number of FTE students which exceeds 1101
the maximum for all classes by an amount equal to 50 percent of 1102
the base student allocation adjusted by the district cost 1103
differential for each of the 2010 -2011 through 2013-2014 fiscal 1104
years and by an amount equal to the base student allocation 1105
adjusted by the comparable wage factor district cost 1106
differential in the 2014-2015 fiscal year and thereafter. 1107
5. Reduce the district's c lass size categorical allocation 1108
by an amount equal to the sum of the calculations in 1109
subparagraphs 3. and 4. 1110
Section 24. Section 1003.4201, Florida Statutes, is 1111
created to read: 1112
1003.4201 Comprehensive system of reading instruction. —1113
Each school district must implement a system of comprehensive 1114
reading instruction for students enrolled in the prekindergarten 1115
through grade 12 and certain students who exhibit a substantial 1116
deficiency in early literacy. 1117
(1) Each school district must develop, and submi t to the 1118
district school board for approval, a detailed reading 1119
instruction plan that outlines the components of the district's 1120
comprehensive system of reading instruction. The plan must 1121
include all district schools, including charter schools, unless 1122
a charter school elects to submit a plan independently from the 1123
school district. A charter school plan must comply with all of 1124
the provisions of this section and must be approved by the 1125
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 46 of 139
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
charter school's governing body and provided to the charter 1126
school's sponsor. 1127
(2)(a) Components of the reading instruction plan may 1128
include the following: 1129
1. Additional time per day of evidence -based intensive 1130
reading instruction for kindergarten through grade 12 students, 1131
which may be delivered during or outside of the regul ar school 1132
day. 1133
2. Highly qualified reading coaches, who must be endorsed 1134
in reading, to specifically support classroom teachers in making 1135
instructional decisions based on progress monitoring data 1136
collected pursuant to s. 1008.25(8) and improve classroom 1137
teacher delivery of effective reading instruction, reading 1138
intervention, and reading in the content areas based on student 1139
need. 1140
3. Professional development to help instructional 1141
personnel and certified prekindergarten teachers funded in the 1142
Florida Education Finance Program earn a certification, a 1143
credential, an endorsement, or an advanced degree in 1144
scientifically researched and evidence -based reading 1145
instruction. 1146
4. Summer reading camps, using only classroom teachers or 1147
other district personnel who po ssess a micro-credential as 1148
specified in s. 1003.485 or are certified or endorsed in reading 1149
consistent with s. 1008.25(7)(b)3., for all students in 1150
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 47 of 139
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
kindergarten through grade 5 exhibiting a reading deficiency as 1151
determined by district and state assessment s. 1152
5. Incentives for instructional personnel and certified 1153
prekindergarten teachers funded in the Florida Education Finance 1154
Program who possess a reading certification or endorsement or 1155
micro-credential as specified in s. 1003.485 and provide 1156
educational support to improve student literacy. 1157
6. Tutoring in reading. 1158
(b) Each school district must include in its reading 1159
instruction plan the planned school year expenditures for each 1160
component of such plan. 1161
(3) Each school district shall submit its approv ed reading 1162
instruction plan, including approved reading instruction plans 1163
for each charter school in the district, to the Department of 1164
Education by August 1 of each fiscal year. 1165
(4) The department shall evaluate the implementation of 1166
each school district reading instruction plan, including 1167
conducting site visits and collecting specific data on reading 1168
improvement results. 1169
(5) By February 1 of each year, the department shall 1170
report its findings to the Legislature and the State Board of 1171
Education, including any recommendations for improving 1172
implementation of evidence -based intensive reading and 1173
intervention strategies in the classroom. 1174
(6) For purposes of this section, the term "evidence -1175
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 48 of 139
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
based" means demonstrating a statistically significant effect on 1176
improving student outcomes or other relevant outcomes as 1177
provided in 20 U.S.C. s. 8101(21)(A)(i). 1178
Section 25. Paragraphs (g) and (h) of subsection (4) of 1179
section 1003.485, Florida Statutes, are amended to read: 1180
1003.485 The New Worlds Reading Initiat ive.— 1181
(4) ADMINISTRATOR RESPONSIBILITIES. —The administrator 1182
shall: 1183
(g) Develop a micro -credential that requires teachers to 1184
demonstrate competency to: 1185
1. Diagnose literacy difficulties and determine the 1186
appropriate range of literacy interventions bas ed upon the age 1187
and literacy deficiency of the student; 1188
2. Use evidence-based instructional and intervention 1189
practices, including strategies identified by the Just Read, 1190
Florida! Office pursuant to s. 1001.215(7) s. 1001.215(8); and 1191
3. Effectively use progress monitoring and intervention 1192
materials. 1193
(h) Administer the early literacy micro -credential program 1194
established under this section, which must include components on 1195
content, student learning, pedagogy, and professional 1196
development and must build o n a strong foundation of 1197
scientifically researched and evidence -based reading 1198
instructional and intervention programs that incorporate 1199
explicit, systematic, and sequential approaches to teaching 1200
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 49 of 139
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
phonemic awareness, phonics, vocabulary, fluency, and text 1201
comprehension and incorporate decodable or phonetic text 1202
instructional strategies, as identified by the Just Read, 1203
Florida! Office, pursuant to s. 1001.215(7) s. 1001.215(8). 1204
1. At a minimum, the micro -credential curriculum must be 1205
designed specifically fo r instructional personnel in 1206
prekindergarten through grade 3 based upon the strategies and 1207
techniques identified in s. 1002.59 and address foundational 1208
literacy skills of students in grades 4 through 12. 1209
2. The micro-credential must be competency based a nd 1210
designed for eligible instructional personnel to complete the 1211
credentialing process in no more than 60 hours, in an online 1212
format. The micro-credential may be delivered in an in -person 1213
format. Eligible instructional personnel may receive the micro -1214
credential once competency is demonstrated even if it is prior 1215
to the completion of 60 hours. 1216
3. The micro-credential must be available by December 31, 1217
2022, at no cost, to instructional personnel as defined in s. 1218
1012.01(2); prekindergarten instructors as sp ecified in ss. 1219
1002.55, 1002.61, and 1002.63; and child care personnel as 1220
defined in ss. 402.302(3) and 1002.88(1)(e). 1221
Section 26. Paragraphs (g) and (j) of subsection (2) of 1222
section 1003.621, Florida Statutes, are amended to read: 1223
1003.621 Academically high-performing school districts. —It 1224
is the intent of the Legislature to recognize and reward school 1225
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 50 of 139
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 demonstrate the ability to consistently maintain 1226
or improve their high -performing status. The purpose of this 1227
section is to provide high -performing school districts with 1228
flexibility in meeting the specific requirements in statute and 1229
rules of the State Board of Education. 1230
(2) COMPLIANCE WITH STATUTES AND RULES. —Each academically 1231
high-performing school district shall comply with all of th e 1232
provisions in chapters 1000 -1013, and rules of the State Board 1233
of Education which implement these provisions, pertaining to the 1234
following: 1235
(g) Those statutes pertaining to planning and budgeting, 1236
including chapter 1011, except s. 1003.4201 s. 1011.62(8)(e), 1237
relating to the requirement for a comprehensive system of 1238
reading instruction plan. A district that is exempt from 1239
submitting a comprehensive reading plan shall be deemed approved 1240
to receive the evidence -based reading instruction allocation. 1241
Each academically high-performing school district may provide up 1242
to 2 days of virtual instruction as part of the required 180 1243
actual teaching days or the equivalent on an hourly basis each 1244
school year, as specified by rules of the State Board of 1245
Education. Virtual instruction that is conducted in accordance 1246
with the plan approved by the department, is teacher -developed, 1247
and is aligned with the standards for enrolled courses complies 1248
with s. 1011.60(2). The day or days must be indicated on the 1249
calendar approved by t he school board. The district shall submit 1250
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 51 of 139
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 plan for each day of virtual instruction to the department for 1251
approval, in a format prescribed by the department, with 1252
assurances of alignment to statewide student standards as 1253
described in s. 1003.41 before th e start of each school year. 1254
(j) Those statutes relating to instructional materials, 1255
except that s. 1006.37, relating to the requisition of state -1256
adopted materials from the depository under contract with the 1257
publisher, and s. 1006.40(3)(b), relating to t he purchase use of 1258
50 percent of the instructional materials allocation, shall be 1259
eligible for exemption. 1260
Section 27. Subsection (7) of section 1004.935, Florida 1261
Statutes, is amended to read: 1262
1004.935 Adults with Disabilities Workforce Education 1263
Program.— 1264
(7) Funds for the scholarship shall be provided from the 1265
appropriation from the school district's Workforce Development 1266
Fund in the General Appropriations Act for students who reside 1267
in the Hardee County School District, the DeSoto County School 1268
District, the Manatee County School District, or the Sarasota 1269
County School District. The scholarship amount granted for an 1270
eligible student with a disability shall be equal to the cost 1271
per unit of a full-time equivalent adult general education 1272
student, multiplied by the adult general education funding 1273
factor, and multiplied by the comparable wage factor district 1274
cost differential pursuant to the formula required by s. 1275
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 52 of 139
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
1011.80(7)(a) for the district in which the student resides. 1276
Section 28. Section 1006.041, Florida Statutes, is created 1277
to read: 1278
1006.041 Mental health assistance program. —Each school 1279
district must implement a school -based mental health assistance 1280
program that includes training classroom teachers and other 1281
school staff in detecting and responding to mental health issues 1282
and connecting children, youth, and families who may experience 1283
behavioral health issues with appropriate services. 1284
(1) Each school district must develop, and submit to the 1285
district school board for approval, a deta iled plan outlining 1286
the components and planned expenditures of the district's mental 1287
health assistance program. The plan must include all district 1288
schools, including charter schools, unless a charter school 1289
elects to submit a plan independently from the sc hool district. 1290
A charter school plan must comply with all of the provisions of 1291
this section and must be approved by the charter school's 1292
governing body and provided to the charter school's sponsor. 1293
(2) A plan required under subsection (1) must be focused 1294
on a multitiered system of supports to deliver evidence -based 1295
mental health care assessment, diagnosis, intervention, 1296
treatment, and recovery services to students with one or more 1297
mental health or co-occurring substance abuse diagnoses and to 1298
students at high risk of such diagnoses. The provision of these 1299
services must be coordinated with a student's primary mental 1300
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 53 of 139
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 care provider and with other mental health providers 1301
involved in the student's care. At a minimum, the plan must 1302
include all of the foll owing components: 1303
(a) Direct employment of school -based mental health 1304
services providers to expand and enhance school -based student 1305
services and to reduce the ratio of students to staff in order 1306
to better align with nationally recommended ratio models. T he 1307
providers shall include, but are not limited to, certified 1308
school counselors, school psychologists, school social workers, 1309
and other licensed mental health professionals. The plan must 1310
also identify strategies to increase the amount of time that 1311
school-based student services personnel spend providing direct 1312
services to students, which may include the review and revision 1313
of district staffing resource allocations based on school or 1314
student mental health assistance needs. 1315
(b) Contracts or interagency agre ements with one or more 1316
local community behavioral health providers or providers of 1317
Community Action Team services to provide a behavioral health 1318
staff presence and services at district schools. Services may 1319
include, but are not limited to, mental health s creenings and 1320
assessments, individual counseling, family counseling, group 1321
counseling, psychiatric or psychological services, trauma -1322
informed care, mobile crisis services, and behavior 1323
modification. These behavioral health services may be provided 1324
on or off the school campus and may be supplemented by 1325
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 54 of 139
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
telehealth as defined in s. 456.47(1). 1326
(c) Policies and procedures, including contracts with 1327
service providers, which will ensure that: 1328
1. Students referred to a school -based or community-based 1329
mental health service provider for mental health screening for 1330
the identification of mental health concerns and students at 1331
risk for mental health disorders are assessed within 15 days 1332
after referral. School -based mental health services must be 1333
initiated within 15 da ys after identification and assessment, 1334
and support by community -based mental health service providers 1335
for students who are referred for community -based mental health 1336
services must be initiated within 30 days after the school or 1337
district makes a referral. 1338
2. Parents of a student receiving services under this 1339
subsection are provided information about other behavioral 1340
health services available through the student's school or local 1341
community-based behavioral health services providers. A school 1342
may meet this requirement by providing information about and 1343
Internet addresses for web -based directories or guides for local 1344
behavioral health services. 1345
3. Individuals living in a household with a student 1346
receiving services under this subsection are provided 1347
information about behavioral health services available through 1348
other delivery systems or payors for which such individuals may 1349
qualify, if such services appear to be needed or enhancements in 1350
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 55 of 139
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 individuals' behavioral health would contribute to the 1351
improved well-being of the student. 1352
(d) Strategies or programs to reduce the likelihood of at -1353
risk students developing social, emotional, or behavioral health 1354
problems, depression, anxiety disorders, suicidal tendencies, or 1355
substance use disorders. 1356
(e) Strategies to improve the early identification of 1357
social, emotional, or behavioral problems or substance use 1358
disorders, to improve the provision of early intervention 1359
services, and to assist students in dealing with trauma and 1360
violence. 1361
(f) Procedures to assist a m ental health services provider 1362
or a behavioral health provider as described in paragraph (a) or 1363
paragraph (b), respectively, or a school resource officer or 1364
school safety officer who has completed mental health crisis 1365
intervention training in attempting to verbally de-escalate a 1366
student's crisis situation before initiating an involuntary 1367
examination pursuant to s. 394.463. Such procedures must include 1368
strategies to de-escalate a crisis situation for a student with 1369
a developmental disability as defined in s. 393.063. 1370
(g) Policies of the school district which must require 1371
that in a student crisis situation, school or law enforcement 1372
personnel must make a reasonable attempt to contact a mental 1373
health professional who may initiate an involuntary examination 1374
pursuant to s. 394.463, unless the child poses an imminent 1375
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 56 of 139
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
danger to themselves or others, before initiating an involuntary 1376
examination pursuant to s. 394.463. Such contact may be in 1377
person or through telehealth. The mental health professional may 1378
be available to the school district either by a contract or 1379
interagency agreement with the managing entity, one or more 1380
local community-based behavioral health providers, or the local 1381
mobile response team, or be a direct or contracted school 1382
district employee. 1383
(3) Each school district shall submit its approved plan, 1384
including approved plans of each charter school in the district, 1385
to the Department of Education by August 1 of each fiscal year. 1386
(4) Annually by September 30, each school district shall 1387
submit to the Department of Education a report on its program 1388
outcomes and expenditures for the previous fiscal year that, at 1389
a minimum, must include the total number of each of the 1390
following: 1391
(a) Students who receive screenings or assessments. 1392
(b) Students who are referred to school-based or 1393
community-based providers for services or assistance. 1394
(c) Students who receive school -based or community-based 1395
interventions, services, or assistance. 1396
(d) School-based and community-based mental health 1397
providers, including licensure type. 1398
(e) Contract-based or interagency agreement -based 1399
collaborative efforts or partnerships with community -based 1400
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 57 of 139
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
mental health programs, agencies, or providers. 1401
Section 29. Paragraph (b) of subsection (6) of section 1402
1006.07, Florida Statu tes, is amended to read: 1403
1006.07 District school board duties relating to student 1404
discipline and school safety. —The district school board shall 1405
provide for the proper accounting for all students, for the 1406
attendance and control of students at school, and for proper 1407
attention to health, safety, and other matters relating to the 1408
welfare of students, including: 1409
(6) SAFETY AND SECURITY BEST PRACTICES. —Each district 1410
school superintendent shall establish policies and procedures 1411
for the prevention of violence o n school grounds, including the 1412
assessment of and intervention with individuals whose behavior 1413
poses a threat to the safety of the school community. 1414
(b) Mental health coordinator. —Each district school board 1415
shall identify a mental health coordinator for the district. The 1416
mental health coordinator shall serve as the district's primary 1417
point of contact regarding the district's coordination, 1418
communication, and implementation of student mental health 1419
policies, procedures, responsibilities, and reporting, 1420
including: 1421
1. Coordinating with the Office of Safe Schools, 1422
established pursuant to s. 1001.212. 1423
2. Maintaining records and reports regarding student 1424
mental health as it relates to the mental health assistance 1425
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 58 of 139
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 under s. 1006.041 and school safety and the mental 1426
health assistance allocation under s. 1011.62(14) . 1427
3. Facilitating the implementation of school district 1428
policies relating to the respective duties and responsibilities 1429
of the school district, the superintendent, and district school 1430
principals. 1431
4. Coordinating with the school safety specialist on the 1432
staffing and training of threat assessment teams and 1433
facilitating referrals to mental health services, as 1434
appropriate, for students and their families. 1435
5. Coordinating with the school safety specialist on the 1436
training and resources for students and school district staff 1437
relating to youth mental health awareness and assistance. 1438
6. Reviewing annually the school district's policies and 1439
procedures related to student mental health for compliance with 1440
state law and alignment with current best practices and making 1441
recommendations, as needed, for amending such policies and 1442
procedures to the superintendent and the district school board. 1443
Section 30. Subsection (3) of section 1006.1493, Florida 1444
Statutes, is amended to read: 1445
1006.1493 Florida Safe Schools Assessment Tool. — 1446
(3) The Office of Safe Schools shall make the FSSAT 1447
available no later than May 1 of each year. 1448
(a) The office must provide annual training to each 1449
district's school safety s pecialist and other appropriate school 1450
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 59 of 139
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 personnel on the assessment of physical site security 1451
and completing the FSSAT. 1452
(b) Each school district must annually report to the 1453
office by October 15 that all public schools within the school 1454
district have completed the FSSAT. 1455
Section 31. Paragraph (a) of subsection (1) of section 1456
1006.28, Florida Statutes, is amended, and paragraph (c) is 1457
added to subsection (3) of that section, to read: 1458
1006.28 Duties of district school board, district school 1459
superintendent; and school principal regarding K -12 1460
instructional materials. — 1461
(1) DEFINITIONS.— 1462
(a) As used in this section, the term: 1463
1. "Adequate instructional materials" means a sufficient 1464
number of student or site licenses or sets of materials that are 1465
available in bound, unbound, kit, or package form and may 1466
consist of hardbacked or softbacked textbooks, electronic 1467
content, consumables, learning laboratories, manipulatives, 1468
electronic media, and computer courseware or software that serve 1469
as the basis for instruction for each student in the core 1470
subject areas of mathematics, language arts, social studies, 1471
science, reading, and literature. 1472
2. "Instructional materials" has the same meaning as in s. 1473
1006.29(2). 1474
3. "Library media center" means any col lection of books, 1475
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 60 of 139
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
ebooks, periodicals, or videos maintained and accessible on the 1476
site of a school, including in classrooms. 1477
(3) DISTRICT SCHOOL SUPERINTENDENT. — 1478
(c) Annually by August 1, each district school 1479
superintendent shall certify to the Commiss ioner of Education 1480
that the district school board has approved a comprehensive 1481
staff development plan that supports fidelity of implementation 1482
of instructional materials programs, including verification that 1483
training was provided, that the materials are be ing implemented 1484
as designed, and that core reading materials and reading 1485
intervention materials used in kindergarten through grade 5 meet 1486
the requirements of s. 1001.215(8). Such instructional 1487
materials, as evaluated and identified pursuant to s. 1488
1001.215(4), may be purchased by school districts without 1489
undergoing the adoption procedures in s. 1006.40(4)(b). 1490
Section 32. Section 1006.40, Florida Statutes, is amended 1491
to read: 1492
1006.40 Purchase Use of instructional materials 1493
allocation; instructional mate rials, library books, and 1494
reference books; repair of books .— 1495
(1) On or before July 1 each year, the commissioner shall 1496
certify to each district school superintendent shall certify to 1497
the Commissioner of Education the estimated allocation of state 1498
funds for instructional materials , computed pursuant to the 1499
provisions of s. 1011.67 for the ensuing fiscal year. 1500
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 61 of 139
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) Each district school board must purchase current 1501
instructional materials to provide each student in kindergarten 1502
through grade 12 with a major tool of instruction in core 1503
courses of the subject areas of mathematics, language arts, 1504
science, social studies, reading, and literature. Such purchase 1505
must be made within the first 3 years after the effective date 1506
of the adoption cycle unless a district s chool board or a 1507
consortium of school districts has implemented an instructional 1508
materials program pursuant to s. 1006.283. 1509
(3)(a) Except for a school district or a consortium of 1510
school districts that implements an instructional materials 1511
program pursuant to s. 1006.283, each district school board 1512
shall use the annual allocation only for the purchase of 1513
instructional materials that align with state standards and are 1514
included on the state -adopted list, except as otherwise 1515
authorized in paragraphs (b) and ( c). 1516
(b) Up to 50 percent of the amount the school district has 1517
budgeted for instructional materials annual allocation may be 1518
used for: 1519
1. The purchase of library and reference books and 1520
nonprint materials. 1521
2. The purchase of other materials having in tellectual 1522
content which assist in the instruction of a subject or course. 1523
These materials may be available in bound, unbound, kit, or 1524
package form and may consist of hardbacked or softbacked 1525
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 62 of 139
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
textbooks, novels, electronic content, consumables, learning 1526
laboratories, manipulatives, electronic media, computer 1527
courseware or software, and other commonly accepted 1528
instructional tools as prescribed by district school board rule. 1529
3. The repair and renovation of textbooks and library 1530
books and replacements for ite ms which were part of previously 1531
purchased instructional materials. 1532
(c) District school boards may use 100 percent of that 1533
portion of the annual allocation designated for the purchase of 1534
instructional materials for kindergarten, and 75 percent of that 1535
portion of the annual allocation designated for the purchase of 1536
instructional materials for first grade, to purchase materials 1537
not on the state-adopted list. 1538
(c)(d) Any materials purchased pursuant to this section 1539
must be: 1540
1. Free of pornography and mate rial prohibited under s. 1541
847.012. 1542
2. Suited to student needs and their ability to comprehend 1543
the material presented. 1544
3. Appropriate for the grade level and age group for which 1545
the materials are used or made available. 1546
(4) Each district school board is responsible for the 1547
content of all materials used in a classroom or otherwise made 1548
available to students. Each district school board shall adopt 1549
rules, and each district school superintendent shall implement 1550
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 63 of 139
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
procedures, that: 1551
(a) Maximize student use of the district -approved 1552
instructional materials. 1553
(b) Provide a process for public review of, public comment 1554
on, and the adoption of materials, including those used to 1555
provide instruction required by s. 1003.42, which sati sfies the 1556
requirements of s. 1006.283(2)(b)8., 9., and 11. 1557
(5) District school boards may issue purchase orders 1558
subsequent to February 1 in an aggregate amount which does not 1559
exceed 20 percent of the current year's allocation, and 1560
subsequent to April 1 i n an aggregate amount which does not 1561
exceed 90 percent of the current year's allocation, for the 1562
purpose of expediting the delivery of instructional materials 1563
which are to be paid for from the ensuing year's allocation. 1564
This subsection does not apply to a district school board or a 1565
consortium of school districts that implements an instructional 1566
materials program pursuant to s. 1006.283. 1567
(6) In any year in which the total instructional materials 1568
allocation for a school district has not been expended or 1569
obligated prior to June 30, the district school board shall 1570
carry forward the unobligated amount and shall add it to the 1571
next year's allocation. 1572
(5)(7) A district school board or a consortium of school 1573
districts that implements an instructional materials pr ogram 1574
pursuant to s. 1006.283 may use the annual allocation to 1575
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 64 of 139
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
purchase instructional materials not on the state -adopted list. 1576
However, instructional materials purchased pursuant to this 1577
section which are not included on the state -adopted list must 1578
meet the criteria of s. 1006.31(2), align with state standards 1579
adopted by the State Board of Education pursuant to s. 1003.41, 1580
and be consistent with course expectations based on the 1581
district's comprehensive plan for student progression and course 1582
descriptions adopted in state board rule. 1583
Section 33. Paragraph (n) of subsection (21) of section 1584
1007.271, Florida Statutes, is amended to read: 1585
1007.271 Dual enrollment programs. — 1586
(21) Each district school superintendent and each public 1587
postsecondary institutio n president shall develop a 1588
comprehensive dual enrollment articulation agreement for the 1589
respective school district and postsecondary institution. The 1590
superintendent and president shall establish an articulation 1591
committee for the purpose of developing the agreement. Each 1592
state university president may designate a university 1593
representative to participate in the development of a dual 1594
enrollment articulation agreement. A dual enrollment 1595
articulation agreement shall be completed and submitted annually 1596
by the postsecondary institution to the Department of Education 1597
on or before August 1. The agreement must include, but is not 1598
limited to: 1599
(n) A funding provision that delineates costs incurred by 1600
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 65 of 139
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
each entity. 1601
1. School districts shall pay public postsecondary 1602
institutions the standard tuition rate per credit hour from 1603
funds provided in the Florida Education Finance Program when 1604
dual enrollment course instruction takes place on the 1605
postsecondary institution's campus and the course is taken 1606
during the fall or spri ng term. When dual enrollment is provided 1607
on the high school site by postsecondary institution faculty, 1608
the school district shall reimburse the costs associated with 1609
the postsecondary institution's proportion of salary and 1610
benefits to provide the instructi on. When dual enrollment course 1611
instruction is provided on the high school site by school 1612
district faculty, the school district is not responsible for 1613
payment to the postsecondary institution. A postsecondary 1614
institution may enter into an agreement with th e school district 1615
to authorize teachers to teach dual enrollment courses at the 1616
high school site or the postsecondary institution. A school 1617
district may not deny a student access to dual enrollment unless 1618
the student is ineligible to participate in the pro gram subject 1619
to provisions specifically outlined in this section. 1620
2. School districts shall pay for the cost of 1621
instructional materials for public high school students who are 1622
earning credit toward high school graduation under the dual 1623
enrollment program. 1624
3.2. Subject to annual appropriation in the General 1625
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 66 of 139
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
Appropriations Act, a public postsecondary institution shall 1626
receive an amount of funding equivalent to the standard tuition 1627
rate per credit hour for each dual enrollment course taken by a 1628
student during the summer term. 1629
Section 34. Paragraph (b) of subsection (5) of section 1630
1008.25, Florida Statutes, is amended to read: 1631
1008.25 Public school student progression; student 1632
support; coordinated screening and progress monitoring; 1633
reporting requiremen ts.— 1634
(5) READING DEFICIENCY AND PARENTAL NOTIFICATION. — 1635
(b) A Voluntary Prekindergarten Education Program student 1636
who exhibits a substantial deficiency in early literacy skills 1637
in accordance with the standards under s. 1002.67(1)(a) and 1638
based upon the results of the administration of the final 1639
coordinated screening and progress monitoring under subsection 1640
(8) shall be referred to the local school district and may be 1641
eligible to receive intensive reading interventions before 1642
participating in kindergarten . Such intensive reading 1643
interventions shall be paid for using funds from the district's 1644
evidence-based reading instruction allocation in accordance with 1645
s. 1011.62(8). 1646
Section 35. Paragraph (d) of subsection (5) of section 1647
1008.345, Florida Statutes, is amended to read: 1648
1008.345 Implementation of state system of school 1649
improvement and education accountability. — 1650
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 67 of 139
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) The commissioner shall annually report to the State 1651
Board of Education and the Legislature and recommend changes in 1652
state policy necessary to foster school improvement and 1653
education accountability. The report shall include: 1654
(d) Based upon a review of each school district's reading 1655
instruction plan submitted pursuant to s. 1003.4201 s. 1656
1011.62(8), intervention and support strategies used by school 1657
districts that were effective in improving the reading 1658
performance of students, as indicated by student performance 1659
data, who are identified as having a substantial reading 1660
deficiency pursuant to s. 1008.25(5)(a). 1661
1662
School reports shall be distri buted pursuant to this subsection 1663
and s. 1001.42(18)(c) and according to rules adopted by the 1664
State Board of Education. 1665
Section 36. Subsections (2), (3), and (5) of section 1666
1008.365, Florida Statutes, are amended to read: 1667
1008.365 Reading Achievement Initiative for Scholastic 1668
Excellence Act.— 1669
(2) The Reading Achievement Initiative for Scholastic 1670
Excellence (RAISE) Program is established within the Department 1671
of Education to provide instructional supports to school 1672
districts, school administrators, a nd instructional personnel in 1673
implementing: 1674
(a) Evidence-based reading instruction proven to 1675
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 68 of 139
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
accelerate progress of students exhibiting a reading deficiency. 1676
(b) Differentiated instruction based on screening, 1677
diagnostic, progress monitoring, or student assessment data to 1678
meet students' specific reading needs. 1679
(c) Explicit and systematic reading strategies to develop 1680
phonemic awareness, phonics, fluency, vocabulary, and 1681
comprehension with more extensive opportunities for guided 1682
practice, error correction, and feedback and interventions in 1683
order to improve student reading achievement . 1684
(3) The department shall establish at least 20 literacy 1685
support regions and regional support teams, at the direction of 1686
a regional literacy support director appoi nted by the 1687
Commissioner of Education, to assist schools with improving low 1688
reading scores as provided in this section. 1689
(a) A regional literacy support director must successfully 1690
demonstrate competence on the evidence -based strategies 1691
identified pursuant to s. 1001.215(7) s. 1001.215(8) and have 1692
the experience and credentials necessary, as determined by the 1693
department, to: 1694
1. Effectively monitor student reading growth and 1695
achievement data; 1696
2. Oversee districtwide and schoolwide professional 1697
development and planning to establish evidence -based practices 1698
among school administrators and instructional personnel; 1699
3. Evaluate implementation of evidence -based practices; 1700
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 69 of 139
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
and 1701
4. Manage a regional support team. 1702
(b) A regional support team shall report to i ts regional 1703
literacy support director and must consist of individuals who: 1704
1. Successfully demonstrate competence on the evidence -1705
based strategies identified pursuant to s. 1001.215(7) s. 1706
1001.215(8); 1707
2. Have substantial experience in literacy coaching and 1708
monitoring student progress data in reading; and 1709
3. Have received training necessary to assist with the 1710
delivery of professional development and site -based supports, 1711
including modeling evidence -based practices and providing 1712
feedback to instructional personnel. 1713
(5) The department shall provide progress monitoring data 1714
to regional support teams regarding the implementation of 1715
supports. Such supports must include: 1716
(a) Professional development, aligned to evidence -based 1717
strategies identified pursuant to s. 1001.215(7) s. 1001.215(8), 1718
for appropriate instructional personnel and school 1719
administrators identified by the regional support team. 1720
(b) Assistance with implementing: 1721
1. Data-informed instructional decisionmaking using 1722
progress monitoring and other appropriate data. 1723
2. Selection and consistent, coordinated use of 1724
scientifically researched and evidence -based high-quality 1725
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 70 of 139
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
instructional materials and supplemental materials as identified 1726
by the Just Read, Florida! Office pursuant to s. 1001.215(8 ). 1727
3. Reading instruction in other core subject area 1728
curricula, with an emphasis on civic literacy. 1729
4. A multitiered system of supports in order to provide 1730
students effective interventions and identify students who may 1731
require an evaluation for special educational services, 1732
including identifying characteristics of conditions that affect 1733
phonological processing, such as dyslexia. 1734
(c) Evaluating a school's improvement plan for alignment 1735
with the school district's K -12 comprehensive reading 1736
instruction plan under s. 1003.4201 s. 1011.62(8)(d) and the 1737
school district's allocation of resources as required by s. 1738
1008.25(3)(a). If the regional support team determines that the 1739
school district's reading instruction plan does not address the 1740
school's need to imp rove student outcomes, the regional literacy 1741
support director, the district school superintendent, or his or 1742
her designee, and the director of the Just Read, Florida! Office 1743
shall convene a meeting to rectify the deficiencies of the 1744
reading instruction plan. 1745
Section 37. Paragraph (a) of subsection (2) and paragraph 1746
(b) of subsection (3) of section 1010.20, Florida Statutes, are 1747
amended to read: 1748
1010.20 Cost accounting and reporting for school 1749
districts.— 1750
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 71 of 139
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) COST REPORTING. — 1751
(a) Each district shal l report on a district -aggregate 1752
basis expenditures for inservice training pursuant to s. 1753
1011.62(3) and for categorical programs as provided in s. 1754
1011.62(17) s. 1011.62(6). 1755
(3) PROGRAM EXPENDITURE REQUIREMENTS. — 1756
(b) Funds for inservice training estab lished in s. 1757
1011.62(3) and for categorical programs established in s. 1758
1011.62(17) s. 1011.62(6) shall be expended for the costs of the 1759
identified programs as provided by law and in accordance with 1760
the rules of the State Board of Education. 1761
Section 38. Section 1011.58, Florida Statutes, is created 1762
to read: 1763
1011.58 Procedures for legislative budget requests for the 1764
Florida School for Competitive Academics. — 1765
(1)(a) The legislative budget request of the Florida 1766
School for Competitive Academics establis hed in s. 1002.351 must 1767
be prepared using the same format, procedures, and timelines 1768
required for the submission of the legislative budget request of 1769
the Department of Education. 1770
(b) The Florida School for Competitive Academics shall 1771
submit its legislati ve budget request to the Department of 1772
Education for review and approval. The school must create and 1773
submit to the department an implementation plan before the 1774
department may approve the budget request. 1775
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 72 of 139
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
(c) Subsequent to the Department of Education's approval, 1776
the Commissioner of Education shall include the Florida School 1777
for Competitive Academics in the department's legislative budget 1778
request to the State Board of Education, the Governor, and the 1779
Legislature. The legislative budget request and the 1780
appropriation for the Florida School for Competitive Academics 1781
must be a separate identifiable sum in the public schools budget 1782
entity of the Department of Education. 1783
(d) The annual appropriation for the school shall be 1784
distributed monthly, without using th e Florida Education Finance 1785
Program, in payments as nearly equal as possible. 1786
Appropriations for textbooks, instructional technology, and 1787
school buses may be released and distributed as necessary to 1788
serve the instructional program for the students. Transp ortation 1789
of students shall be provided by the school consistent with the 1790
requirements of subpart I.E. of chapter 1006 and s. 1012.45. 1791
(2) The school shall submit its fixed capital outlay 1792
request to the Department of Education for review and approval 1793
in accordance with s. 1002.36(4)(f)1. Subsequent to the 1794
department's approval, the school's request must be included 1795
within the department's public education capital outlay 1796
legislative budget request. 1797
Section 39. Section 1011.59, Florida Statutes, is creat ed 1798
to read: 1799
1011.59 Florida School for Competitive Academics; board of 1800
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 73 of 139
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
trustees; management flexibility. — 1801
(1) Notwithstanding ss. 216.031, 216.181, and 216.262 and 1802
pursuant to s. 216.351, but subject to any guidelines imposed in 1803
the General Appropriati ons Act, funds for the operation of the 1804
Florida School for Competitive Academics shall be requested and 1805
appropriated within budget entities, program components, program 1806
categories, lump sums, or special categories. Funds appropriated 1807
to the Florida School for Competitive Academics for each program 1808
category, lump sum, or special category may be transferred to 1809
traditional categories for expenditure by the board of trustees 1810
of the school. The board of trustees shall develop an annual 1811
operating budget that allo cates funds by program component and 1812
traditional expenditure category. 1813
(2) Notwithstanding s. 216.181 and pursuant to s. 216.351, 1814
but subject to any requirements imposed in the General 1815
Appropriations Act, a lump -sum plan is not required to implement 1816
the special categories, program categories, or lump -sum 1817
appropriations. Upon release of the special categories, program 1818
categories, or lump-sum appropriations to the board of trustees, 1819
the Chief Financial Officer shall, upon the request of the board 1820
of trustees, transfer or reallocate funds to or among accounts 1821
established for disbursement purposes. The board of trustees 1822
shall maintain records to account for the original 1823
appropriation. 1824
(3) Notwithstanding ss. 216.031, 216.181, 216.251, and 1825
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 74 of 139
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
216.262 and pursuant to s. 216.351, but subject to any 1826
requirements imposed in the General Appropriations Act, the 1827
board of trustees shall establish the authorized positions and 1828
may amend such positions within the total funds authorized 1829
annually in the General Appropriations Act. 1830
(4) Notwithstanding s. 216.301, all unexpended funds 1831
appropriated for the Florida School for Competitive Academics 1832
shall be carried forward and included as the balance forward for 1833
that fund in the approved operating budget for the following 1834
year. 1835
Section 40. Subsection (5) of section 1011.61, Florida 1836
Statutes, is amended to read: 1837
1011.61 Definitions. —Notwithstanding the provisions of s. 1838
1000.21, the following terms are defined as follows for the 1839
purposes of the Florida Education Finance Program : 1840
(5) The "Florida Education Finance Program" includes all 1841
programs and costs as provided in ss. 1003.03, 1011.62, 1011.68, 1842
and 1011.685 s. 1011.62. 1843
Section 41. Paragraph (e) of subsection (1) of section 1844
1011.62, Florida Statutes, is redesignated as paragraph (d), 1845
present paragraphs (c) through (f) and (s) of subsection (1) and 1846
subsections (2), (3), (5) through (9), and (11) through (17) are 1847
amended, and new paragraphs (e) and (f) are added to subsection 1848
(1) and new subsections (6) through (8) and (16 ) through (18) 1849
are added to that section, to read: 1850
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 75 of 139
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
1011.62 Funds for operation of schools. —If the annual 1851
allocation from the Florida Education Finance Program to each 1852
district for operation of schools is not determined in the 1853
annual appropriations act or the substantive bill implementing 1854
the annual appropriations act, it shall be determined as 1855
follows: 1856
(1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR 1857
OPERATION.—The following procedure shall be followed in 1858
determining the annual allocation to each district for 1859
operation: 1860
(c) Determination of programs. —Cost factors based on 1861
desired relative cost differences between the following programs 1862
shall be established in the annual General Appropriations Act. 1863
The cost factor for secondary career education pr ograms must be 1864
greater than the cost factor for and basic programs grade 9 1865
through 12 shall be equal. The Commissioner of Education shall 1866
specify a matrix of services and intensity levels to be used by 1867
districts in the determination of the two weighted cos t factors 1868
for exceptional students with the highest levels of need. For 1869
these students, the funding support level shall fund the 1870
exceptional students' education program, with the exception of 1871
extended school year services for students with disabilities. 1872
1. Basic programs.— 1873
a. Kindergarten and grades 1, 2, and 3. 1874
b. Grades 4, 5, 6, 7, and 8. 1875
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 76 of 139
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
c. Grades 9, 10, 11, and 12. 1876
2. Programs for exceptional students. — 1877
a. Support Level IV. 1878
b. Support Level V. 1879
3. Secondary career education programs. 1880
4. English for Speakers of Other Languages. 1881
(d) Annual allocation calculation. — 1882
1. The Department of Education is authorized and directed 1883
to review all district programs and enrollment projections and 1884
calculate a maximum total weighted full -time equivalent student 1885
enrollment for each district for the K -12 FEFP. 1886
2. Maximum enrollments calculated by the department shall 1887
be derived from enrollment estimates used by the Legislature to 1888
calculate the FEFP. If two or more districts enter into an 1889
agreement under the provisions of s. 1001.42(4)(d), after the 1890
final enrollment estimate is agreed upon, the amount of FTE 1891
specified in the agreement, not to exceed the estimate for the 1892
specific program as identified in paragraph (c), may be 1893
transferred from the particip ating districts to the district 1894
providing the program. 1895
3. As part of its calculation of each district's maximum 1896
total weighted full-time equivalent student enrollment, the 1897
department shall establish separate enrollment ceilings for each 1898
of two program groups. Group 1 shall be composed of basic 1899
programs for grades K -3, grades 4-8, and grades 9-12. Group 2 1900
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 77 of 139
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
shall be composed of students in exceptional student education 1901
programs support levels IV and V, English for Speakers of Other 1902
Languages programs, and al l career programs in grades 9 -12. 1903
a. For any calculation of the FEFP, the enrollment ceiling 1904
for group 1 shall be calculated by multiplying the actual 1905
enrollment for each program in the program group by its 1906
appropriate program weight. 1907
b. The weighted enrollment ceiling for group 2 programs 1908
shall be calculated by multiplying the enrollment for each 1909
program by the appropriate program weight as provided in the 1910
General Appropriations Act. The weighted enrollment ceiling for 1911
program group 2 shall be the sum of the weighted enrollment 1912
ceilings for each program in the program group, plus the 1913
increase in weighted full -time equivalent student membership 1914
from the prior year for clients of the Department of Children 1915
and Families and the Department of Juvenile Just ice. 1916
c. If, for any calculation of the FEFP, the weighted 1917
enrollment for program group 2, derived by multiplying actual 1918
enrollments by appropriate program weights, exceeds the 1919
enrollment ceiling for that group, the following procedure shall 1920
be followed to reduce the weighted enrollment for that group to 1921
equal the enrollment ceiling: 1922
(I) The weighted enrollment ceiling for each program in 1923
the program group shall be subtracted from the weighted 1924
enrollment for that program derived from actual enrollments. 1925
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 78 of 139
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
(II) If the difference calculated under sub -sub-1926
subparagraph (I) is greater than zero for any program, a 1927
reduction proportion shall be computed for the program by 1928
dividing the absolute value of the difference by the total 1929
amount by which the weighted enr ollment for the program group 1930
exceeds the weighted enrollment ceiling for the program group. 1931
(III) The reduction proportion calculated under sub -sub-1932
subparagraph (II) shall be multiplied by the total amount of the 1933
program group's enrollment over the ceil ing as calculated under 1934
sub-sub-subparagraph (I). 1935
(IV) The prorated reduction amount calculated under sub -1936
sub-subparagraph (III) shall be subtracted from the program's 1937
weighted enrollment to produce a revised program weighted 1938
enrollment. 1939
(V) The prorated reduction amount calculated under sub -1940
sub-subparagraph (III) shall be divided by the appropriate 1941
program weight, and the result shall be added to the revised 1942
program weighted enrollment computed in sub -sub-subparagraph 1943
(IV). 1944
(d)(e) Funding model for exceptional student education 1945
programs.—The funding model for exceptional student education 1946
programs shall include all of the following: 1947
1.1.a. For programs for exceptional students in The 1948
funding model uses basic, at -risk, support levels IV and V as 1949
established in paragraph (c), the funding model shall include 1950
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 79 of 139
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 for exceptional students and career Florida Education 1951
Finance Program cost factors, and a guaranteed allocation for 1952
exceptional student education programs . 1953
a. Exceptional education cost f actors are determined by 1954
using a matrix of services to document the services that each 1955
support level IV and support level V exceptional student will 1956
receive. The nature and intensity of the services indicated on 1957
the matrix shall be consistent with the serv ices described in 1958
each exceptional student's individual educational plan. The 1959
Department of Education shall review and revise the descriptions 1960
of the services and supports included in the matrix of services 1961
for exceptional students and shall implement thos e revisions 1962
before the beginning of the 2012 -2013 school year. 1963
b. In order to generate funds using one of the two 1964
weighted cost factors, a matrix of services must be completed at 1965
the time of the student's initial placement into an exceptional 1966
student education program and at least once every 3 years by 1967
personnel who have received approved training. Nothing listed in 1968
the matrix shall be construed as limiting the services a school 1969
district must provide in order to ensure that exceptional 1970
students are provided a free, appropriate public education. 1971
c. Students identified as exceptional, in accordance with 1972
chapter 6A-6, Florida Administrative Code, who do not have a 1973
matrix of services as specified in sub -subparagraph b. shall 1974
generate funds on the basis of fu ll-time-equivalent student 1975
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 80 of 139
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
membership in the Florida Education Finance Program at the same 1976
funding level per student as provided for basic students. 1977
Additional funds for these exceptional students will be provided 1978
through the guaranteed allocation designat ed in subparagraph 2. 1979
2. For students identified as exceptional in accordance 1980
with chapter 6A-6, Florida Administrative Code, who do not have 1981
a matrix of services as specified in subparagraph 1. and for 1982
students who are gifted in grades kindergarten K through 8, the 1983
funding model shall include the funds generated on the basis of 1984
full-time equivalent student membership in the Florida Education 1985
Finance Program at the same funding level per student as 1986
provided for a basic student and additional funds provide d by 1987
the exceptional student education guaranteed allocation 1988
established pursuant to subsection (8). 1989
(e) Calculation of additional full -time equivalent 1990
membership for small school district exceptional student 1991
education.—An additional value per full -time equivalent student 1992
membership is provided to school districts with a full -time 1993
equivalent student membership of fewer than 10,000 and fewer 1994
than three full-time equivalent students in exceptional student 1995
education support levels IV and V. The Department of Education 1996
shall set the amount of the additional value based on documented 1997
evidence of the difference between the cost of the school 1998
district's exceptional student education support levels IV and V 1999
services and the applicable Florida Education Finance Pro gram 2000
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 81 of 139
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
funds appropriated in the General Appropriations Act. The total 2001
statewide value may not exceed a value per weighted full -time 2002
equivalent student as specified in the General Appropriations 2003
Act. The additional value for an eligible school district shall 2004
not exceed three full -time equivalent students for each of the 2005
exceptional student education support levels IV and V there is 2006
created a guaranteed allocation to provide these students with a 2007
free appropriate public education, in accordance with s. 2008
1001.42(4)(l) and rules of the State Board of Education, which 2009
shall be allocated initially to each school district in the 2010
amount provided in the General Appropriations Act. These funds 2011
shall be supplemental to the funds appropriated for the basic 2012
funding level, and the amount allocated for each school district 2013
shall be recalculated during the year, based on actual student 2014
membership from FTE surveys. Upon recalculation, if the 2015
generated allocation is greater than the amount provided in the 2016
General Appropriations Act, the total shall be prorated to the 2017
level of the appropriation based on each district's share of the 2018
total recalculated amount. These funds shall be used to provide 2019
special education and related services for exceptional students 2020
and students who are gi fted in grades K through 8. A district's 2021
expenditure of funds from the guaranteed allocation for students 2022
in grades 9 through 12 who are gifted may not be greater than 2023
the amount expended during the 2006 -2007 fiscal year for gifted 2024
students in grades 9 thr ough 12. 2025
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 82 of 139
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(f) Small district factor. —An additional value per full -2026
time equivalent student membership is provided to each school 2027
district with a full -time equivalent student membership of fewer 2028
than 20,000 full-time equivalent students which is in a fiscally 2029
constrained county as described in s. 218.67(1). The amount of 2030
the additional value shall be specified in the General 2031
Appropriations Act. 2032
(f) Supplemental academic instruction allocation. — 2033
1. There is created the supplemental academic ins truction 2034
allocation to provide supplemental academic instruction to 2035
students in kindergarten through grade 12. 2036
2. The supplemental academic instruction allocation shall 2037
be provided annually in the Florida Education Finance Program as 2038
specified in the Gen eral Appropriations Act. These funds are in 2039
addition to the funds appropriated on the basis of FTE student 2040
membership in the Florida Education Finance Program and shall be 2041
included in the total potential funds of each district. 2042
Beginning with the 2018 -2019 fiscal year, each school district 2043
that has a school earning a grade of "D" or "F" pursuant to s. 2044
1008.34 must use that school's portion of the supplemental 2045
academic instruction allocation to implement intervention and 2046
support strategies for school improve ment pursuant to s. 1008.33 2047
and for salary incentives pursuant to s. 1012.2315(3) or salary 2048
supplements pursuant to s. 1012.22(1)(c)5.c. that are provided 2049
through a memorandum of understanding between the collective 2050
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 83 of 139
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
bargaining agent and the school board th at addresses the 2051
selection, placement, and expectations of instructional 2052
personnel and school administrators. For all other schools, the 2053
school district's use of the supplemental academic instruction 2054
allocation may include, but is not limited to, the use o f a 2055
modified curriculum; reading instruction; after -school 2056
instruction; tutoring; mentoring; a reduction in class size; 2057
extended school year; intensive skills development in summer 2058
school; dropout prevention programs as defined in ss. 1003.52 2059
and 1003.53(1)(a), (b), and (c); and other methods of improving 2060
student achievement. Supplemental academic instruction may be 2061
provided to a student in any manner and at any time during or 2062
beyond the regular 180 -day term identified by the school as 2063
being the most effect ive and efficient way to best help that 2064
student progress from grade to grade and to graduate. 2065
3. The supplemental academic instruction allocation shall 2066
consist of a base amount that has a workload adjustment based on 2067
changes in unweighted FTE. The supple mental academic instruction 2068
allocation shall be recalculated during the fiscal year. Upon 2069
recalculation of funding for the supplemental academic 2070
instruction allocation, if the total allocation is greater than 2071
the amount provided in the General Appropriatio ns Act, the 2072
allocation shall be prorated to the level provided to support 2073
the appropriation, based on each district's share of the total. 2074
4. Funding on the basis of FTE membership beyond the 180 -2075
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 84 of 139
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 regular term shall be provided in the FEFP only for stu dents 2076
enrolled in juvenile justice education programs or in education 2077
programs for juveniles placed in secure facilities or programs 2078
under s. 985.19. Funding for instruction beyond the regular 180 -2079
day school year for all other K -12 students shall be provid ed 2080
through the supplemental academic instruction allocation and 2081
other state, federal, and local fund sources with ample 2082
flexibility for schools to provide supplemental instruction to 2083
assist students in progressing from grade to grade and 2084
graduating. 2085
(s) Determination of the basic amount for current 2086
operation.—The basic amount for current operation to be included 2087
in the Florida Education Finance Program for kindergarten 2088
through grade 12 for each district shall be the product of the 2089
following: 2090
1. The full-time equivalent student membership in each 2091
program, multiplied by 2092
2. The cost factor for each program, adjusted for the 2093
maximum as provided by paragraph (c), multiplied by 2094
3. The comparable wage factor district cost differential , 2095
multiplied by 2096
4. The small district factor, and multiplied by 2097
5.4. The base student allocation. 2098
(2) DETERMINATION OF COMPARABLE WAGE FACTOR DISTRICT COST 2099
DIFFERENTIALS.— 2100
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 85 of 139
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 Commissioner of Education shall annually compute 2101
for each district the current year's comparable wage factor 2102
district cost differential . The comparable wage factor district 2103
cost differential shall be calculated by adding each district's 2104
price level index as published in the Florida Price Level Index 2105
for the most recent 3 years and dividing the r esulting sum by 3. 2106
The result for each district shall be multiplied by 0.008 and to 2107
the resulting product shall be added 0.200; the sum thus 2108
obtained shall be the comparable wage factor cost differential 2109
for that district for that year. 2110
(b) The comparable wage factor for each school district is 2111
used in the calculation of the basic amount for current 2112
operation pursuant to subsection (1) if the comparable wage 2113
factor is greater than 1.000. 2114
(c) The limitation authorized in paragraph (b) applies to 2115
any categorical funding provided in the Florida Education 2116
Finance Program that has a calculation methodology that includes 2117
the comparable wage factor. 2118
(3) INSERVICE EDUCATIONAL PERSONNEL TRAINING EXPENDITURE. —2119
Of the amount computed in subsection (1) subsections (1) and 2120
(2), a percentage of the basic amount for current operation base 2121
student allocation per full -time equivalent student or other 2122
funds shall be expended for educational training programs as 2123
determined by the district school board as provided in s. 2124
1012.98. 2125
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 86 of 139
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) DISCRETIONARY MILLAGE COMPRESSION SUPPLEMENT. —The 2126
Legislature shall prescribe in the General Appropriations Act, 2127
pursuant to s. 1011.71(1), the rate of nonvoted current 2128
operating discretionary millage that shall be used to calculate 2129
a discretionary millage compression supplement. If the 2130
prescribed millage generates an amount of funds per unweighted 2131
full-time equivalent student FTE for the district that is less 2132
than the state average, the district shall receive an amount per 2133
full-time equivalent student FTE that, when added to the funds 2134
per full-time equivalent student FTE generated by the designated 2135
levy, shall equal the state average. 2136
(6) STATE-FUNDED DISCRETIONARY CONTRIBUTION. —The state-2137
funded discretionary contribution is created to fund the 2138
nonvoted discretionary millage for operations pursuant to s. 2139
1011.71(1) and (3) for developmental research schools (lab 2140
schools) established in s. 1002.32 and the Florida Virtual 2141
School established in s. 1002.37. 2142
(a) To calculate the state-funded discretionary 2143
contribution for lab schools, multiply the maximum allowable 2144
nonvoted discretionary millage for operations pursuant to s. 2145
1011.71(1) and (3) by the value of 96 percent of the current 2146
year's taxable value for school purposes for the school district 2147
in which the lab school is located; divide the result by the 2148
total full-time equivalent membership of the school district; 2149
and multiply the result by the full -time equivalent membership 2150
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 87 of 139
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 the lab school. The amount obtained shall be appropriated in 2151
the General Appropriations Act to the Lab School Trust Fund 2152
established pursuant to s. 1002.32(9). 2153
(b) To calculate the state -funded discretionary 2154
contribution for the Florida Virtual School, multiply the 2155
maximum allowable nonvoted d iscretionary millage for operations 2156
pursuant to s. 1011.71(1) and (3) by the value of 96 percent of 2157
the current year's taxable value for school purposes for the 2158
state; divide the result by the total full -time equivalent 2159
membership of the state; and multipl y the result by the full -2160
time equivalent membership of the Florida Virtual School. 2161
(7) EDUCATIONAL ENRICHMENT ALLOCATION. — 2162
(a) The educational enrichment allocation is created to 2163
assist school districts in providing educational enrichment 2164
activities and services that support and increase the academic 2165
achievement of students in grades kindergarten through 12. 2166
Educational enrichment activities and services may be provided 2167
in a manner and at any time during or beyond the regular 180 -day 2168
term identified by the school district as being the most 2169
effective and efficient way to best help the student progress 2170
from grade to grade and graduate from high school. For fiscal 2171
year 2023-2024, the educational enrichment allocation shall 2172
consist of a base amount as specif ied in the General 2173
Appropriations Act. Beginning in fiscal year 2024 -2025, the 2174
educational enrichment allocation shall consist of the base 2175
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 88 of 139
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 that includes a workload adjustment based on changes in 2176
the unweighted full-time equivalent membership. 2177
(b) For district-managed turnaround schools as identified 2178
in s. 1008.33(4)(a), schools that earn three consecutive grades 2179
below a "C," as identified in s. 1008.33(4)(b)3., and schools 2180
that have improved to a "C" and are no longer in turnaround 2181
status, as identified in s. 1008.33(4)(c), a supplemental amount 2182
shall be added to their educational enrichment allocation for 2183
purposes of implementing the intervention and support strategies 2184
identified in the turnaround plan submitted pursuant to s. 2185
1008.33. 2186
1. The supplemental amount shall be based on the 2187
unweighted full-time equivalent student enrollment at the 2188
eligible schools and a per full -time equivalent funding amount 2189
of $500 or as provided in the General Appropriations Act. 2190
2. Services funded by the allocation may include, but are 2191
not limited to, tutorial and afterschool programs, student 2192
counseling, nutrition education, parental counseling, and an 2193
extended school day and school year. In addition, services may 2194
include models that develop a culture that encourag es students 2195
to complete high school and to attend college or career 2196
training, set high academic expectations, and inspire character 2197
development. 2198
3. A school district may enter into a formal agreement 2199
with a nonprofit organization that has tax -exempt status under 2200
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 89 of 139
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
s. 501(c)(3) of the Internal Revenue Code to implement an 2201
integrated student support service model that provides students 2202
and families with access to wrap -around services, including, but 2203
not limited to, health services, after -school programs, drug 2204
prevention programs, college and career readiness programs, and 2205
food and clothing banks. 2206
(c) The educational enrichment allocation, to include the 2207
supplemental amount, shall be recalculated during the fiscal 2208
year pursuant to paragraph (1)(a). If the recalculated amount is 2209
greater than the amount provided in the General Appropriations 2210
Act, the allocation shall be prorated to the level provided to 2211
support the appropriation, based on each school district's 2212
proportionate share of the total allocation. 2213
(d) Funding on the basis of full -time equivalent 2214
membership beyond the 180 -day regular term shall be provided in 2215
the Florida Education Finance Program only for students enrolled 2216
in juvenile justice education programs or in education programs 2217
for juveniles placed in secure facilities or programs pursuant 2218
to s. 985.19. Funding for instruction beyond the regular 180 -day 2219
school year for all other kindergarten through grade 12 students 2220
shall be provided through the educational enrichment allocation 2221
and other state, federal, and local funding sources with 2222
flexibility for schools to provide educational enrichment 2223
activities and services to assist students in grades 2224
kindergarten through 12. 2225
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 90 of 139
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
(8) EXCEPTIONAL STUDENT EDUCATION GUARANTEED ALLOCATION. —2226
The exceptional student education guaranteed allocation is 2227
created to fund the additional costs of programs for exceptional 2228
students specified in subparagraph (1)(d)2. and shall be 2229
supplemental to the funds appropriated in the Florida Education 2230
Finance Program for the basic student funding level. 2231
(a) The amount of each school district's exceptional 2232
student education guaranteed allocation shall be the greater of 2233
either the school district's prior year exceptional student 2234
education guaranteed allocation funds per eligible f ull-time 2235
equivalent student or the exceptional student education 2236
guaranteed allocation factor as specified in the General 2237
Appropriations Act multiplied by the school district's total 2238
number of eligible full -time equivalent students. 2239
(b) The exceptional student education guaranteed 2240
allocation shall be recalculated during the fiscal year based on 2241
actual full-time equivalent student membership. If the 2242
recalculated amount is greater than the amount provided in the 2243
General Appropriations Act, the total shall be prorated to the 2244
level of the appropriation based on each school district's share 2245
of the total recalculated allocation amount. 2246
(6) CATEGORICAL FUNDS. — 2247
(a) In addition to the basic amount for current operations 2248
for the FEFP as determined in subsection (1), the Legislature 2249
may appropriate categorical funding for specified programs, 2250
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 91 of 139
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
activities, or purposes. 2251
(b) If a district school board finds and declares in a 2252
resolution adopted at a regular meeting of the school board that 2253
the funds received for any of the following categorical 2254
appropriations are urgently needed to maintain school board 2255
specified academic classroom instruction or improve school 2256
safety, the school board may consider and approve an amendment 2257
to the school district operating budget trans ferring the 2258
identified amount of the categorical funds to the appropriate 2259
account for expenditure: 2260
1. Funds for student transportation. 2261
2. Funds for instructional materials if all instructional 2262
material purchases necessary to provide updated materials that 2263
are aligned with applicable state standards and course 2264
descriptions and that meet statutory requirements of content and 2265
learning have been completed for that fiscal year, but no sooner 2266
than March 1. Funds available after March 1 may be used to 2267
purchase computers and device hardware for student instruction 2268
that comply with the requirements of s. 1001.20(4)(a)1.b. 2269
3. Funds for the guaranteed allocation as provided in 2270
subparagraph (1)(e)2. 2271
4. Funds for the supplemental academic instruction 2272
allocation as provided in paragraph (1)(f). 2273
5. Funds for the federally connected student supplement as 2274
provided in subsection (10). 2275
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 92 of 139
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. Funds for class size reduction as provided in s. 2276
1011.685. 2277
(c) Each district school board shall include in its annual 2278
financial report to the Department of Education the amount of 2279
funds the school board transferred from each of the categorical 2280
funds identified in this subsection and the specific academic 2281
classroom instruction or school safety need for which the 2282
transferred funds were expended. The Department of Education 2283
shall provide instructions and specify the format to be used in 2284
submitting this required information as a part of the district 2285
annual financial report. The Department of Education shall 2286
submit a report to the Le gislature that identifies by district 2287
and by categorical fund the amount transferred and the specific 2288
academic classroom activity or school safety need for which the 2289
funds were expended. 2290
(7) DETERMINATION OF SPARSITY SUPPLEMENT. — 2291
(a) Annually, in an amount to be determined by the 2292
Legislature through the General Appropriations Act, there shall 2293
be added to the basic amount for current operation of the FEFP 2294
qualified districts a sparsity supplement which shall be 2295
computed as follows: 2296
2297
Sparsity Factor = 1101.8918 – 0.1101
2298
2700 + district
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 93 of 139
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
sparsity
index
2299
except that districts with a sparsity index of 1,000 or less 2300
shall be computed as having a sparsity index of 1,000, and 2301
districts having a sparsity index of 7,308 and above shall be 2302
computed as having a sparsity factor of zero. A qualified 2303
district's full-time equivalent student membership shall equal 2304
or be less than that prescribed annually by the Legislature in 2305
the appropriations act. The amount prescribed annually by the 2306
Legislature shall be no less than 17,000, but no more than 2307
30,000. 2308
(b) The district sparsity index shall be computed by 2309
dividing the total number of full -time equivalent students in 2310
all programs in the district by the number of senior high school 2311
centers in the district, not in excess of three, which centers 2312
are approved as permanent centers by a survey made by the 2313
Department of Education. For districts with a full -time 2314
equivalent student membership of at least 20,000, but no more 2315
than 30,000, the index shall be computed by divi ding the total 2316
number of full-time equivalent students in all programs by the 2317
number of permanent senior high school centers in the district, 2318
not in excess of four. 2319
(c) If the sparsity supplement calculated in paragraphs 2320
(a) and (b) for an eligible district is less than $100 per full -2321
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 94 of 139
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 student, the district's supplement shall be 2322
increased to $100 per FTE or to the minimum amount per FTE 2323
designated in the General Appropriations Act. 2324
(d) Each district's allocation of sparsity supplement 2325
funds shall be adjusted in the following manner: 2326
1. A maximum discretionary levy per FTE value for each 2327
district shall be calculated by dividing the value of each 2328
district's maximum discretionary levy by its FTE student count. 2329
2. A state average discr etionary levy value per FTE shall 2330
be calculated by dividing the total maximum discretionary levy 2331
value for all districts by the state total FTE student count. 2332
3. A total potential funds per FTE for each district shall 2333
be calculated by dividing the total potential funds, not 2334
including Florida School Recognition Program funds and the 2335
minimum guarantee funds, for each district by its FTE student 2336
count. 2337
4. A state average total potential funds per FTE shall be 2338
calculated by dividing the total potential fund s, not including 2339
Florida School Recognition Program funds and the minimum 2340
guarantee funds, for all districts by the state total FTE 2341
student count. 2342
5. For districts that have a levy value per FTE as 2343
calculated in subparagraph 1. higher than the state aver age 2344
calculated in subparagraph 2., a sparsity wealth adjustment 2345
shall be calculated as the product of the difference between the 2346
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 95 of 139
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
state average levy value per FTE calculated in subparagraph 2. 2347
and the district's levy value per FTE calculated in subparagraph 2348
1. and the district's FTE student count and -1. However, no 2349
district shall have a sparsity wealth adjustment that, when 2350
applied to the total potential funds calculated in subparagraph 2351
3., would cause the district's total potential funds per FTE to 2352
be less than the state average calculated in subparagraph 4. 2353
6. Each district's sparsity supplement allocation shall be 2354
calculated by adding the amount calculated as specified in 2355
paragraphs (a) and (b) and the wealth adjustment amount 2356
calculated in this paragra ph. 2357
(8) EVIDENCE-BASED READING INSTRUCTION ALLOCATION. — 2358
(a) The evidence-based reading instruction allocation is 2359
created to provide comprehensive reading instruction to students 2360
in prekindergarten through grade 12. 2361
(b) Intensive reading instruction for students who have 2362
reading deficiencies must include evidence -based reading 2363
instruction proven to accelerate progress of students exhibiting 2364
a reading deficiency; differentiated instruction based on 2365
screening, diagnostic, progress monitoring, or student 2366
assessment data to meet students' specific reading needs; 2367
explicit and systematic reading strategies to develop phonemic 2368
awareness, phonics, fluency, vocabulary, and comprehension, with 2369
more extensive opportunities for guided practice, error 2370
correction, and feedback; and the coordinated integration of 2371
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 96 of 139
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
civic literacy, science, and mathematics -text reading, text 2372
discussion, and writing in response to reading. 2373
(c) Funds for comprehensive, evidence -based reading 2374
instruction shall be allocated annually to each school district 2375
in the amount provided in the General Appropriations Act. Each 2376
eligible school district shall receive the same minimum amount 2377
as specified in the General Appropriations Act, and any 2378
remaining funds shall be distributed to eligible scho ol 2379
districts based on each school district's proportionate share of 2380
K-12 base funding. 2381
(d) Funds allocated under this subsection must be used to 2382
provide a system of comprehensive reading instruction to 2383
students enrolled in the prekindergarten -12 programs and certain 2384
students who exhibit a substantial deficiency in early literacy, 2385
which may include the following: 2386
1. Additional time per day of evidence -based intensive 2387
reading instruction to students, which may be delivered during 2388
or outside of the regular school day. 2389
2. Kindergarten through grade 12 evidence -based intensive 2390
reading interventions. 2391
3. Highly qualified reading coaches, who must be endorsed 2392
in reading, to specifically support teachers in making 2393
instructional decisions based on student data , and improve 2394
teacher delivery of effective reading instruction, intervention, 2395
and reading in the content areas based on student need. 2396
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 97 of 139
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. Professional development to help instructional 2397
personnel and certified prekindergarten teachers funded in the 2398
Florida Education Finance Program earn a certification, a 2399
credential, an endorsement, or an advanced degree in 2400
scientifically researched and evidence -based reading 2401
instruction. 2402
5. Summer reading camps, using only teachers or other 2403
district personnel who posses s a micro-credential as specified 2404
in s. 1003.485 or are certified or endorsed in reading 2405
consistent with s. 1008.25(7)(b)3., for all students in 2406
kindergarten through grade 5 who demonstrate a reading 2407
deficiency as determined by district and state assessmen ts. 2408
6. Scientifically researched and evidence -based 2409
supplemental instructional materials as identified by the Just 2410
Read, Florida! Office pursuant to s. 1001.215(8). 2411
7. Incentives for instructional personnel and certified 2412
prekindergarten teachers funded in the Florida Education Finance 2413
Program who possess a reading certification or endorsement or 2414
micro-credential as specified in s. 1003.485 and provide 2415
educational support to improve student literacy. 2416
8. Tutoring in reading. 2417
(e)1. Annually, by a date determined by the Department of 2418
Education, each school district shall submit a comprehensive 2419
reading plan approved by the applicable district school board, 2420
charter school governing board, or lab school board of trustees, 2421
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 98 of 139
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 the specific use of the evidenc e-based reading instruction 2422
allocation, based upon a root -cause analysis. The State Regional 2423
Literacy Director may assist in the development of the plan. The 2424
department shall provide a plan format. A district school board 2425
may use the format developed by th e department or a format 2426
developed by the district school board. 2427
2. Intensive reading interventions must be delivered by 2428
instructional personnel who possess the micro -credential as 2429
provided in s. 1003.485 or are certified or endorsed in reading 2430
and must incorporate evidence -based strategies identified by the 2431
Just Read, Florida! Office pursuant to s. 1001.215(8). 2432
Instructional personnel who possess a micro -credential as 2433
specified in s. 1003.485 and are delivering intensive reading 2434
interventions must be sup ervised by an individual certified or 2435
endorsed in reading. For the purposes of this subsection, the 2436
term "supervision" means the ability to communicate by way of 2437
telecommunication with or physical presence of the certified or 2438
endorsed personnel for consult ation and direction of the actions 2439
of the personnel with the micro -credential. 2440
3. By July 1 of each year, the department shall release to 2441
each school district its allocation of appropriated funds. The 2442
department shall evaluate the implementation of each district 2443
plan, including conducting site visits and collecting specific 2444
data on expenditures and reading improvement results. By 2445
February 1 of each year, the department shall report its 2446
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 99 of 139
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
findings to the Legislature and the State Board of Education, 2447
including any recommendations for improving implementation of 2448
evidence-based reading and intervention strategies in 2449
classrooms. 2450
2451
For purposes of this subsection, the term "evidence -based" means 2452
demonstrating a statistically significant effect on improving 2453
student outcomes or other relevant outcomes as provided in 20 2454
U.S.C. s. 8101(21)(A)(i). 2455
(9) CALCULATION OF SUPPLEMENTAL ALLOCATION FOR JUVENILE 2456
JUSTICE EDUCATION PROGRAMS. — 2457
(a) The total kindergarten through grade 12 K-12 weighted 2458
full-time equivalent student membership in juvenile justice 2459
education programs in each school district shall be multiplied 2460
by the amount of the state average class -size-reduction factor 2461
multiplied by the comparable wage factor for the school district 2462
established in subsection (2) district's cost differential . An 2463
amount equal to the sum of this calculation shall be allocated 2464
in the Florida Education Finance Program FEFP to each school 2465
district to supplement other sources of funding for students in 2466
juvenile justice education programs. 2467
(b) Funds allocated under this subsection shall be used to 2468
provide the juvenile justice education programs pursuant to s. 2469
1003.52 and may be used to pay for the high school equivalency 2470
examination fees for juvenile justice students who pass the high 2471
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 100 of 139
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 equivalency examination in full, or in part, while in a 2472
juvenile justice education program, the industry credentialing 2473
testing fees for such students, and the costs associated with 2474
such juvenile justice students enrolled in career and technical 2475
education courses that lead to industry -recognized 2476
certifications. 2477
(11) QUALITY ASSURANCE GUARANTEE. —The Legislature may 2478
annually in the General Appropriations Act determine a 2479
percentage increase in funds per kindergarten through grade 12 2480
K-12 unweighted full-time equivalent student FTE as a minimum 2481
guarantee to each school district. The guarantee shall be 2482
calculated from prior year base funding per unweighted full-time 2483
equivalent FTE student which shall include the adjusted full-2484
time equivalent FTE dollars as provided in subsection (15), 2485
quality guarantee funds, and actual nonvoted discretionary local 2486
effort from taxes. From the base funding per unweighted full-2487
time equivalent student FTE, the increase shall be calculated 2488
for the current year. The current year fund s from which the 2489
guarantee shall be determined shall include the adjusted full-2490
time equivalent FTE dollars as provided in subsection (15) and 2491
potential nonvoted discretionary local effort from taxes. A 2492
comparison of current year funds per unweighted full-time 2493
equivalent student FTE to prior year funds per unweighted full-2494
time equivalent student FTE shall be computed. For those school 2495
districts which have less than the legislatively assigned 2496
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 101 of 139
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
percentage increase, funds shall be provided to guarantee the 2497
assigned percentage increase in funds per unweighted full-time 2498
equivalent FTE student. Should appropriated funds be less than 2499
the sum of this calculated amount for all districts, the 2500
commissioner shall prorate each district's allocation. This 2501
provision shall be implemented to the extent specifically 2502
funded. 2503
(12) SAFE SCHOOLS ALLOCATION. —A safe schools allocation is 2504
created to provide funding to assist school districts in their 2505
compliance with ss. 1006.07 -1006.12, with priority given to 2506
safe-school officers pursuant to s. 1006.12. Each school 2507
district shall receive a minimum safe schools allocation in an 2508
amount provided in the General Appropriations Act. Of the 2509
remaining balance of the safe schools allocation, one -third 2510
shall be allocated to school districts bas ed on the most recent 2511
official Florida Crime Index provided by the Department of Law 2512
Enforcement and two-thirds shall be allocated based on each 2513
school district's proportionate share of the state's total 2514
unweighted full-time equivalent student enrollment. Each school 2515
district must report to the Department of Education by October 2516
15 that all public schools within the school district have 2517
completed the school security risk assessment using the Florida 2518
Safe Schools Assessment Tool developed pursuant to s. 1006 .1493. 2519
If a district school board is required by s. 1006.12 to assign a 2520
school resource officer or school safety officer to a charter 2521
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 102 of 139
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, the charter school's share of costs for such officer may 2522
not exceed the amount of funds allocated to the charter s chool 2523
under this subsection. 2524
(13) MENTAL HEALTH ASSISTANCE ALLOCATION. —The mental 2525
health assistance allocation is created to provide funding to 2526
assist school districts in their implementation of their 2527
establishing or expanding school-based mental health assistance 2528
program pursuant to s. 1006.041 care; train educators and other 2529
school staff in detecting and responding to mental health 2530
issues; and connect children, youth, and families who may 2531
experience behavioral health issues with appropriate services . 2532
These funds shall be allocated annually in the General 2533
Appropriations Act or other law to each eligible school 2534
district. Each school district shall receive a minimum of 2535
$100,000, with the remaining balance allocated based on each 2536
school district's proportion ate share of the state's total 2537
unweighted full-time equivalent student enrollment. Charter 2538
schools that submit a plan separate from the school district are 2539
entitled to a proportionate share of district funding. The 2540
allocated funds may not supplant funds th at are provided for 2541
this purpose from other operating funds and may not be used to 2542
increase salaries or provide bonuses. School districts are 2543
encouraged to maximize third -party health insurance benefits and 2544
Medicaid claiming for services, where appropriate . 2545
(a) Before the distribution of the allocation: 2546
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 103 of 139
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. The school district must develop and submit a detailed 2547
plan outlining the local program and planned expenditures to the 2548
district school board for approval. This plan must include all 2549
district schools, including charter schools, unless a charter 2550
school elects to submit a plan independently from the school 2551
district pursuant to subparagraph 2. 2552
2. A charter school may develop and submit a detailed plan 2553
outlining the local program and planned expenditures to its 2554
governing body for approval. After the plan is approved by the 2555
governing body, it must be provided to the charter school's 2556
sponsor. 2557
(b) The plans required under paragraph (a) must be focused 2558
on a multitiered system of supports to deliver evidence -based 2559
mental health care assessment, diagnosis, intervention, 2560
treatment, and recovery services to students with one or more 2561
mental health or co-occurring substance abuse diagnoses and to 2562
students at high risk of such diagnoses. The provision of these 2563
services must be coordinated with a student's primary mental 2564
health care provider and with other mental health providers 2565
involved in the student's care. At a minimum, the plans must 2566
include the following elements: 2567
1. Direct employment of school -based mental health 2568
services providers to expand and enhance school -based student 2569
services and to reduce the ratio of students to staff in order 2570
to better align with nationally recommended ratio models. These 2571
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 104 of 139
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 include, but are not limited to, certified school 2572
counselors, school psychologists, school social workers, and 2573
other licensed mental health professionals. The plan also must 2574
identify strategies to increase the amount of time that school -2575
based student services personnel spend providing direct services 2576
to students, which may include the review and revision of 2577
district staffing resource allocations based on school or 2578
student mental health assistance needs. 2579
2. Contracts or interagency agreements with one or more 2580
local community behavioral health providers or providers of 2581
Community Action Team services to provide a behavioral health 2582
staff presence and services at district schools. Services may 2583
include, but are not limited to, mental health screenings and 2584
assessments, individual counseling, family counseling, g roup 2585
counseling, psychiatric or psychological services, trauma -2586
informed care, mobile crisis services, and behavior 2587
modification. These behavioral health services may be provided 2588
on or off the school campus and may be supplemented by 2589
telehealth. 2590
3. Policies and procedures, including contracts with 2591
service providers, which will ensure that: 2592
a. Students referred to a school -based or community-based 2593
mental health service provider for mental health screening for 2594
the identification of mental health concerns a nd students at 2595
risk for mental health disorders are assessed within 15 days of 2596
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 105 of 139
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
referral. School-based mental health services must be initiated 2597
within 15 days after identification and assessment, and support 2598
by community-based mental health service provider s for students 2599
who are referred for community -based mental health services must 2600
be initiated within 30 days after the school or district makes a 2601
referral. 2602
b. Parents of a student receiving services under this 2603
subsection are provided information about oth er behavioral 2604
health services available through the student's school or local 2605
community-based behavioral health services providers. A school 2606
may meet this requirement by providing information about and 2607
Internet addresses for web -based directories or guides for local 2608
behavioral health services. 2609
c. Individuals living in a household with a student 2610
receiving services under this subsection are provided 2611
information about behavioral health services available through 2612
other delivery systems or payors for which suc h individuals may 2613
qualify, if such services appear to be needed or enhancements in 2614
those individuals' behavioral health would contribute to the 2615
improved well-being of the student. 2616
4. Strategies or programs to reduce the likelihood of at -2617
risk students developing social, emotional, or behavioral health 2618
problems, depression, anxiety disorders, suicidal tendencies, or 2619
substance use disorders. 2620
5. Strategies to improve the early identification of 2621
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 106 of 139
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
social, emotional, or behavioral problems or substance use 2622
disorders, to improve the provision of early intervention 2623
services, and to assist students in dealing with trauma and 2624
violence. 2625
6. Procedures to assist a mental health services provider 2626
or a behavioral health provider as described in subparagraph 1. 2627
or subparagraph 2., respectively, or a school resource officer 2628
or school safety officer who has completed mental health crisis 2629
intervention training in attempting to verbally de -escalate a 2630
student's crisis situation before initiating an involuntary 2631
examination pursuant to s. 394.463. Such procedures must include 2632
strategies to de-escalate a crisis situation for a student with 2633
a developmental disability as that term is defined in s. 2634
393.063. 2635
7. Policies of the school district which must require that 2636
in a student crisis situation, school or law enforcement 2637
personnel must make a reasonable attempt to contact a mental 2638
health professional who may initiate an involuntary examination 2639
pursuant to s. 394.463, unless the child poses an imminent 2640
danger to themselves or others , before initiating an involuntary 2641
examination pursuant to s. 394.463. Such contact may be in 2642
person or using telehealth as defined in s. 456.47. The mental 2643
health professional may be available to the school district 2644
either by contracts or interagency agre ements with the managing 2645
entity, one or more local community behavioral health providers, 2646
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 107 of 139
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
or the local mobile response team or be a direct or contracted 2647
school district employee. 2648
(c) School districts shall submit approved plans, 2649
including approved plans of each charter school in the district, 2650
to the commissioner by August 1 of each fiscal year. 2651
(d) Beginning September 30, 2019, and annually by 2652
September 30 thereafter, each school district shall submit to 2653
the Department of Education a report on its progr am outcomes and 2654
expenditures for the previous fiscal year that, at a minimum, 2655
must include the number of each of the following: 2656
1. Students who receive screenings or assessments. 2657
2. Students who are referred to either school -based or 2658
community-based providers for services or assistance. 2659
3. Students who receive either school -based or community-2660
based interventions, services, or assistance. 2661
4. School-based and community-based mental health 2662
providers, including licensure type, paid for from funds 2663
provided through the allocation. 2664
5. Contract-based collaborative efforts or partnerships 2665
with community mental health programs, agencies, or providers. 2666
(14) CLASSROOM TEACHER AND OTHER INSTRUCTIONAL PERSONNEL 2667
SALARY INCREASE ALLOCATION.—The Legislature shall may annually 2668
apportion an amount of funds provided provide in the Florida 2669
Education Finance Program to assist school districts and charter 2670
schools in their compliance with the requirement that the 2671
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 108 of 139
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
minimum base salary for full -time classroom teachers, as d efined 2672
in s. 1012.01(2)(a), and certified prekindergarten teachers 2673
funded in the Florida Education Finance Program is at least 2674
$47,500 or to provide salary increases to instructional 2675
personnel, as defined in s. 1012.01(2)(a) -(d), in a manner that 2676
best meets the needs of the school district or charter school. 2677
This subsection does not apply to substitute teachers a teacher 2678
salary increase allocation to assist school districts in their 2679
recruitment and retention of classroom teachers and other 2680
instructional personnel. The amount and distribution methodology 2681
for the funding of the allocation shall be specified in the 2682
General Appropriations Act. 2683
(a) The term "minimum base salary" means the lowest annual 2684
base salary reported on the salary schedule for a full -time 2685
classroom teacher. A full -time classroom teacher may not receive 2686
a salary less than the minimum base salary as adjusted by this 2687
subsection. 2688
(a) Each school district shall receive an allocation based 2689
on the school district's proportionate share of the b ase FEFP 2690
allocation. Each school district shall provide each charter 2691
school within its district its proportionate share calculated 2692
pursuant to s. 1002.33(17)(b). If a district school board has 2693
not received its allocation due to its failure to submit an 2694
approved district salary distribution plan, the district school 2695
board must still provide each charter school that has submitted 2696
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 109 of 139
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 salary distribution plan within its district its proportionate 2697
share of the allocation. 2698
(b) Allocation funds are restricted in use as follows: 2699
1. Each school district and charter school shall use its 2700
share of the allocation to increase the minimum base salary for 2701
full-time classroom teachers, as defined in s. 1012.01(2)(a), 2702
plus certified prekindergarten teachers funded in the F lorida 2703
Education Finance Program, to at least $47,500, or to the 2704
maximum amount achievable based on the allocation and as 2705
specified in the General Appropriations Act. The term "minimum 2706
base salary" means the lowest annual base salary reported on the 2707
salary schedule for a full-time classroom teacher. No full -time 2708
classroom teacher shall receive a salary less than the minimum 2709
base salary as adjusted by this subparagraph. This subparagraph 2710
does not apply to substitute teachers. 2711
2. In addition, each school district shall use its share 2712
of the allocation to provide salary increases, as funding 2713
permits, for the following personnel: 2714
a. Full-time classroom teachers, as defined in s. 2715
1012.01(2)(a), plus certified prekindergarten teachers funded in 2716
the Florida Education Finance Program, who did not receive an 2717
increase or who received an increase of less than 2 percent 2718
under subparagraph 1. or as specified in the General 2719
Appropriations Act. This subparagraph does not apply to 2720
substitute teachers. 2721
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 110 of 139
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. Other full-time instructional personnel as defined in 2722
s. 1012.01(2)(b)-(d). 2723
3. A school district or charter school may use funds 2724
available after the requirements of subparagraph 1. are met to 2725
provide salary increases pursuant to subparagraph 2. 2726
(b)4. A school district or charter school shall maintain 2727
the minimum base salary achieved for classroom teachers provided 2728
in the prior fiscal year under subparagraph 1. and may not 2729
reduce the salary increases provided under subparagraph 2. in 2730
any subsequent fiscal year , unless specifically authorized in 2731
the General Appropriations Act . 2732
(c) Before distributing any additional allocation funds 2733
received over the prior fiscal year pursuant to paragraph (a) , 2734
each school district and each charter school shall develop a 2735
salary distribution plan that clearly delineates the planned 2736
distribution of funds pursuant to paragraph (b) in accordance 2737
with modified salary schedules, as necessary, for the 2738
implementation of this subsection. 2739
1. Each school district superintendent and each charter 2740
school administrator must submit its proposed salary 2741
distribution plan to the district school board or the charter 2742
school governing body, as appropriate, for approval. 2743
2. Each school district shall submit the approved district 2744
salary distribution plan a nd the approved salary distribution 2745
plan for each charter school in the district to the department 2746
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 111 of 139
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
by October 1 of each fiscal year. 2747
(d) Beginning August 1, 2024, and each year thereafter, in 2748
a format specified by the department, provide as follows: 2749
1. By December 1, each school district shall provide a 2750
preliminary report to the department that includes a detailed 2751
summary explaining the school district's prior year's 2752
expenditures pursuant to this subsection. The report must 2753
include planned expenditure o f the entire allocation for the 2754
district received pursuant to paragraph (a), the amount of the 2755
increase to the minimum base salary for classroom teachers 2756
pursuant to paragraph (b), and the school district's salary 2757
schedule for the prior fiscal year and the fiscal year in which 2758
the base salary is increased. Each charter school governing 2759
board shall submit the information required under this 2760
subparagraph to the district school board for inclusion in the 2761
school district's preliminary report to the department. 2762
2. By February 1, the department shall submit to the 2763
Governor, the President of the Senate, and the Speaker of the 2764
House of Representatives a statewide report on the planned 2765
expenditure of the teacher salary increase allocation, which 2766
includes the detailed summary provided by each school district 2767
and charter school. 2768
3. By August 1, each school district shall provide a final 2769
report to the department with the information required in 2770
subparagraph 1. for the prior fiscal year. Each charter school 2771
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 112 of 139
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
governing board shall submit the information required under this 2772
subparagraph to the district school board for inclusion in the 2773
school district's final report to the department. 2774
(e) Although district school boards and charter school 2775
governing boards are not preclu ded from bargaining over wages, 2776
the classroom teacher and other instructional personnel teacher 2777
salary increase allocation must be used solely to comply with 2778
the requirements of this subsection section. A district school 2779
board or charter school governing b oard that is unable to meet 2780
the reporting requirements in specified in paragraph (c) or 2781
paragraph (d) due to a collective bargaining impasse must 2782
provide written notification to the department or the district 2783
school board, as applicable, detailing the reas ons for the 2784
impasse with a proposed timeline and details for a resolution. 2785
(15) TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT FOR 2786
CURRENT OPERATION.—The total annual state allocation to each 2787
district for current operation for the Florida Education Fin ance 2788
Program FEFP shall be distributed periodically in the manner 2789
prescribed in the General Appropriations Act. 2790
(a) If the funds appropriated for current operation of the 2791
Florida Education Finance Program, including funds appropriated 2792
pursuant to subsection (18), FEFP are not sufficient to pay the 2793
state requirement in full, the department shall prorate the 2794
available state funds to each district in the following manner: 2795
1. Determine the percentage of proration by dividing the 2796
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 113 of 139
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
sum of the total amount for current operation, as provided in 2797
this paragraph for all districts collectively, and the total 2798
district required local effort into the sum of the state funds 2799
available for current operation and the total district required 2800
local effort. 2801
2. Multiply the percentage so determined by the sum of the 2802
total amount for current operation as provided in this paragraph 2803
and the required local effort for each individual district. 2804
3. From the product of such multiplication, subtract the 2805
required local effort of each d istrict; and the remainder shall 2806
be the amount of state funds allocated to the district for 2807
current operation. However, no calculation subsequent to the 2808
appropriation shall result in negative state funds for any 2809
district. 2810
(16) STATE-FUNDED DISCRETIONARY SUPPLEMENT.— 2811
(a) The state-funded discretionary supplement is created 2812
to fund the nonvoted discretionary millage for operations 2813
pursuant to s. 1011.71(1) and (3) for students awarded a Family 2814
Empowerment Scholarship in accordance with s. 1002.394. To 2815
calculate the state-funded discretionary supplement for 2816
inclusion in the amount of the scholarship funding: 2817
1. For fiscal year 2023 -2024, multiply the maximum 2818
allowable nonvoted discretionary millage for operations pursuant 2819
to s. 1011.71(1) and (3) by the value of 96 percent of the 2820
current year's taxable value for school purposes for the school 2821
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 114 of 139
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 where the student is reported for purposes of the 2822
Florida Education Finance Program as appropriated in the General 2823
Appropriations Act; divide the result by the school district's 2824
total unweighted full -time equivalent membership as appropriated 2825
in the General Appro priations Act; and multiply the result by 2826
the total unweighted full -time equivalent membership associated 2827
with the number of Family Empowerment Scholarship students 2828
included in the school district's total unweighted full -time 2829
equivalent membership. A base amount as specified in the General 2830
Appropriations Act shall be added to this amount for purposes of 2831
calculating the total amount of the supplement. 2832
2. Beginning in fiscal year 2024 -2025 and thereafter, 2833
multiply the maximum allowable nonvoted discretionar y millage 2834
for operations pursuant to s. 1011.71(1) and (3) by the value of 2835
96 percent of the current year's taxable value for school 2836
purposes for the school district where the student is reported 2837
for purposes of the Florida Education Finance Program as 2838
appropriated in the General Appropriations Act; divide the 2839
result by the school district's total unweighted full -time 2840
equivalent membership as appropriated in the General 2841
Appropriations Act; and multiply the result by the total 2842
unweighted full-time equivalent membership associated with the 2843
number of Family Empowerment Scholarship students. The prior 2844
year's base amount shall be adjusted based on changes in the 2845
eligible number of unweighted full -time equivalent membership 2846
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 115 of 139
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
associated with the number of Family Emp owerment Scholarship 2847
students. 2848
(b) The state-funded discretionary supplement shall be 2849
recalculated during the fiscal year pursuant to paragraph 2850
(1)(a). If the recalculated amount is greater than the amount 2851
provided in the General Appropriations Act, the allocation shall 2852
be prorated to the level provided to support the appropriation, 2853
based on each school district's proportionate share of the total 2854
allocation. 2855
(17) CATEGORICAL FUNDS. — 2856
(a) If a district school board determines that some or all 2857
of the funds received for any of the categorical programs 2858
established in this section are needed to maintain or enhance 2859
school board-specified academic classroom instruction, maintain 2860
or expand career and technical education instruction, or improve 2861
school safety, the school district may consider and approve an 2862
amendment to the school district's operating budget by 2863
transferring the identified amount of the categorical funds to 2864
the appropriate account for expenditure. 2865
(b) Each school district shall include in its ann ual 2866
financial report to the Department of Education the amount of 2867
funds the school board transferred from each of the categorical 2868
funds identified in this subsection and the specific academic 2869
classroom instruction, career and technical education 2870
instruction, or school safety need for which the transferred 2871
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 116 of 139
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
funds were expended. The department shall provide instructions 2872
and specify the format to be used in submitting this required 2873
information as part of the district annual financial report. The 2874
department shall annually submit a report to the Legislature 2875
that identifies by school district and by categorical fund the 2876
amount transferred and the specific academic classroom or career 2877
and technical education activity or school safety need for which 2878
the funds were expended. 2879
(18) EDUCATIONAL ENROLLMENT STABILIZATION PROGRAM. — 2880
(a) The educational enrollment stabilization program is 2881
created to provide supplemental state funds as needed to 2882
maintain the stability of the operations of public schools in 2883
each school district and to protect districts, including charter 2884
schools, from financial instability as a result of changes in 2885
full-time equivalent student enrollment throughout the school 2886
year. This program shall be implemented to the extent funds are 2887
available. 2888
(b) The Legislature may annually appropriate funds in the 2889
General Appropriations Act to the Department of Education for 2890
this program. The Department of Education shall use funds as 2891
appropriated to ensure that based on each recalculation of the 2892
Florida Education Finance Program pursuant to paragraph (1)(a), 2893
a school district's funds per unweighted full -time equivalent 2894
student are not less than the greater of either the school 2895
district's funds per unweighted full -time equivalent student as 2896
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 117 of 139
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
appropriated in the Genera l Appropriations Act or the school 2897
district's funds per unweighted full -time equivalent student as 2898
recalculated based upon the receipt of the certified taxable 2899
value for school purposes pursuant to s. 1011.62(4). 2900
(16) COMPUTATION OF PRIOR YEAR DISTRICT REQUIRED LOCAL 2901
EFFORT.—Calculations required in this section shall be based on 2902
95 percent of the taxable value for school purposes for fiscal 2903
years prior to the 2010 -2011 fiscal year. 2904
(17) TURNAROUND SCHOOL SUPPLEMENTAL SERVICES ALLOCATION. —2905
The turnaround school supplemental services allocation is 2906
created to provide district -managed turnaround schools, as 2907
identified in s. 1008.33(4)(a), schools that earn three 2908
consecutive grades below a "C," as identified in s. 2909
1008.33(4)(b)3., and schools that have impro ved to a "C" and are 2910
no longer in turnaround status, as identified in s. 2911
1008.33(4)(c), with funds to offer services designed to improve 2912
the overall academic and community welfare of the schools' 2913
students and their families. 2914
(a)1. Services funded by the allocation may include, but 2915
are not limited to, tutorial and after -school programs, student 2916
counseling, nutrition education, parental counseling, and an 2917
extended school day and school year. In addition, services may 2918
include models that develop a culture th at encourages students 2919
to complete high school and to attend college or career 2920
training, set high academic expectations, and inspire character 2921
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 118 of 139
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
development. 2922
2. A school district may enter into a formal agreement 2923
with a nonprofit organization that has tax -exempt status under 2924
s. 501(c)(3) of the Internal Revenue Code to implement an 2925
integrated student support service model that provides students 2926
and families with access to wrap -around services, including, but 2927
not limited to, health services, after -school programs, drug 2928
prevention programs, college and career readiness programs, and 2929
food and clothing banks. 2930
(b) Before distribution of the allocation, the school 2931
district shall develop and submit a plan for implementation to 2932
its school board for approval no lat er than August 1 of each 2933
fiscal year. 2934
(c) At a minimum, the plan required under paragraph (b) 2935
must: 2936
1. Establish comprehensive support services that develop 2937
family and community partnerships; 2938
2. Establish clearly defined and measurable high academic 2939
and character standards; 2940
3. Increase parental involvement and engagement in the 2941
child's education; 2942
4. Describe how instructional personnel will be 2943
identified, recruited, retained, and rewarded; 2944
5. Provide professional development that focuses on 2945
academic rigor, direct instruction, and creating high academic 2946
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 119 of 139
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
and character standards; 2947
6. Provide focused instruction to improve student academic 2948
proficiency, which may include additional instruction time 2949
beyond the normal school day or school year; and 2950
7. Include a strategy for continuing to provide services 2951
after the school is no longer in turnaround status by virtue of 2952
achieving a grade of "C" or higher. 2953
(d) Each school district shall submit its approved plans 2954
to the commissioner by September 1 of eac h fiscal year. 2955
(e) Subject to legislative appropriation, each school 2956
district's allocation must be based on the unweighted FTE 2957
student enrollment at the eligible schools and a per -FTE funding 2958
amount of $500 or as provided in the General Appropriations Ac t. 2959
The supplement provided in the General Appropriations Act shall 2960
be based on the most recent school grades and shall serve as a 2961
proxy for the official calculation. Once school grades are 2962
available for the school year immediately preceding the fiscal 2963
year coinciding with the appropriation, the supplement shall be 2964
recalculated for the official participating schools as part of 2965
the subsequent FEFP calculation. The commissioner may prepare a 2966
preliminary calculation so that districts may proceed with 2967
timely planning and use of the funds. If the calculated funds 2968
for the statewide allocation exceed the funds appropriated, the 2969
allocation of funds to each school district must be prorated 2970
based on each school district's share of the total unweighted 2971
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 120 of 139
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
FTE student enrollment for the eligible schools. 2972
(f) Subject to legislative appropriation, each school 2973
shall remain eligible for the allocation for a maximum of 4 2974
continuous fiscal years while implementing a turnaround option 2975
pursuant to s. 1008.33(4). In addition, a sch ool that improves 2976
to a grade of "C" or higher shall remain eligible to receive the 2977
allocation for a maximum of 2 continuous fiscal years after 2978
exiting turnaround status. 2979
Section 42. Section 1011.622, Florida Statutes, is amended 2980
to read: 2981
1011.622 Adjustments for students without a Florida 2982
student identification number. —The Florida Education Finance 2983
Program funding calculations, including the calculations 2984
authorized in ss. 1011.62, 1011.67, 1011.68, and 1011.685, shall 2985
include funding for a student onl y when all of the student's 2986
records are reported to the Department of Education under a 2987
Florida student identification number. The State Board of 2988
Education may adopt rules pursuant to ss. 120.536(1) and 120.54 2989
to implement this section. 2990
Section 43. Section 1011.67, Florida Statutes, is 2991
repealed. 2992
Section 44. Subsection (4) of section 1011.69, Florida 2993
Statutes, is amended to read: 2994
1011.69 Equity in School -Level Funding Act.— 2995
(4) The following funds are excluded from the school -level 2996
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 121 of 139
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
allocation under this section: Funds appropriated in the General 2997
Appropriations Act for supplemental academic instruction to be 2998
used for the purposes described in s. 1011.62(1)(f). 2999
Section 45. Paragraph (b) of subsection (3) of section 3000
1011.84, Florida Statutes, is amended to read: 3001
1011.84 Procedure for determining state financial support 3002
and annual apportionment of state funds to each Florida College 3003
System institution district. —The procedure for determining state 3004
financial support and the annual apportionment to each Florida 3005
College System institution district authorized to operate a 3006
Florida College System institution under the provisions of s. 3007
1001.61 shall be as follows: 3008
(3) DETERMINING THE APPORTIONMENT FROM STATE FUNDS. — 3009
(b) The apportionment to each Flori da College System 3010
institution from the Florida College System Program Fund shall 3011
be determined annually in the General Appropriations Act. In 3012
determining each college's apportionment, the Legislature shall 3013
consider the following components: 3014
1. Base budget, which includes the state appropriation to 3015
the Florida College System Program Fund in the current year plus 3016
the related student tuition and out -of-state fees assigned in 3017
the current General Appropriations Act. 3018
2. The cost-to-continue allocation, which consists of 3019
incremental changes to the base budget, including salaries, 3020
price levels, and other related costs allocated through a 3021
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 122 of 139
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
funding model approved by the Legislature which may recognize 3022
differing economic factors arising from the individual 3023
educational approaches of the various Florida College System 3024
institutions, including, but not limited to: 3025
a. Direct Instructional Funding, including class size, 3026
faculty productivity factors, average faculty salary, ratio of 3027
full-time to part-time faculty, costs o f programs, and 3028
enrollment factors. 3029
b. Academic Support, including small colleges factor, 3030
multicampus factor, and enrollment factor. 3031
c. Student Services Support, including headcount of 3032
students as well as FTE count and enrollment factors. 3033
d. Library Support, including volume and other 3034
materials/audiovisual requirements. 3035
e. Special Projects. 3036
f. Operations and Maintenance of Plant, including square 3037
footage and utilization factors. 3038
g. Comparable wage factor District Cost Differential . 3039
3. Students enrolled in a recreation and leisure program 3040
and students enrolled in a lifelong learning program who may not 3041
be counted as full-time equivalent enrollments for purposes of 3042
enrollment workload adjustments. 3043
4. Operating costs of new facilities adjustment s, which 3044
shall be provided, from funds available, for each new facility 3045
that is owned by the college and is recommended in accordance 3046
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 123 of 139
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. 1013.31. 3047
5. New and improved program enhancements, which shall be 3048
determined by the Legislature. 3049
3050
Student fees in the base budget plus student fee revenues 3051
generated by increases in fee rates shall be deducted from the 3052
sum of the components determined in subparagraphs 1. -5. The 3053
amount remaining shall be the net annual state apportionment to 3054
each college. 3055
Section 46. Paragraph (c) of subsection (1) of section 3056
1012.22, Florida Statutes, is amended to read: 3057
1012.22 Public school personnel; powers and duties of the 3058
district school board. —The district school board shall: 3059
(1) Designate positions to be filled, presc ribe 3060
qualifications for those positions, and provide for the 3061
appointment, compensation, promotion, suspension, and dismissal 3062
of employees as follows, subject to the requirements of this 3063
chapter: 3064
(c) Compensation and salary schedules. — 3065
1. Definitions.—As used in this paragraph: 3066
a. "Adjustment" means an addition to the base salary 3067
schedule that is not a bonus and becomes part of the employee's 3068
permanent base salary and shall be considered compensation under 3069
s. 121.021(22). 3070
b. "Grandfathered salary sch edule" means the salary 3071
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 124 of 139
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
schedule or schedules adopted by a district school board before 3072
July 1, 2014, pursuant to subparagraph 4. 3073
c. "Instructional personnel" means instructional personnel 3074
as defined in s. 1012.01(2)(a) -(d), excluding substitute 3075
teachers. 3076
d. "Performance salary schedule" means the salary schedule 3077
or schedules adopted by a district school board pursuant to 3078
subparagraph 5. 3079
e. "Salary schedule" means the schedule or schedules used 3080
to provide the base salary for district school board pers onnel. 3081
f. "School administrator" means a school administrator as 3082
defined in s. 1012.01(3)(c). 3083
g. "Supplement" means an annual addition to the base 3084
salary for the term of the negotiated supplement as long as the 3085
employee continues his or her employment for the purpose of the 3086
supplement. A supplement does not become part of the employee's 3087
continuing base salary but shall be considered compensation 3088
under s. 121.021(22). 3089
2. Cost-of-living adjustment.—A district school board may 3090
provide a cost-of-living salary adjustment if the adjustment: 3091
a. Does not discriminate among comparable classes of 3092
employees based upon the salary schedule under which they are 3093
compensated. 3094
b. Does not exceed 50 percent of the annual adjustment 3095
provided to instructional personne l rated as effective. 3096
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 125 of 139
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. Advanced degrees. —A district school board may not use 3097
advanced degrees in setting a salary schedule for instructional 3098
personnel or school administrators hired on or after July 1, 3099
2011, unless the advanced degree is held in the in dividual's 3100
area of certification and is only a salary supplement. 3101
4. Grandfathered salary schedule. — 3102
a. The district school board shall adopt a salary schedule 3103
or salary schedules to be used as the basis for paying all 3104
school employees hired before Jul y 1, 2014. Instructional 3105
personnel on annual contract as of July 1, 2014, shall be placed 3106
on the performance salary schedule adopted under subparagraph 5. 3107
Instructional personnel on continuing contract or professional 3108
service contract may opt into the perf ormance salary schedule if 3109
the employee relinquishes such contract and agrees to be 3110
employed on an annual contract under s. 1012.335. Such an 3111
employee shall be placed on the performance salary schedule and 3112
may not return to continuing contract or professio nal service 3113
contract status. Any employee who opts into the performance 3114
salary schedule may not return to the grandfathered salary 3115
schedule. 3116
b. In determining the grandfathered salary schedule for 3117
instructional personnel, a district school board must base a 3118
portion of each employee's compensation upon performance 3119
demonstrated under s. 1012.34 and shall provide differentiated 3120
pay for both instructional personnel and school administrators 3121
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 126 of 139
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
based upon district-determined factors, including, but not 3122
limited to, additional responsibilities, school demographics, 3123
critical shortage areas, and level of job performance 3124
difficulties. 3125
5. Performance salar y schedule.—By July 1, 2014, the 3126
district school board shall adopt a performance salary schedule 3127
that provides annual salary adjustments for instructional 3128
personnel and school administrators based upon performance 3129
determined under s. 1012.34. Employees hir ed on or after July 1, 3130
2014, or employees who choose to move from the grandfathered 3131
salary schedule to the performance salary schedule shall be 3132
compensated pursuant to the performance salary schedule once 3133
they have received the appropriate performance eval uation for 3134
this purpose. 3135
a. Base salary.—The base salary shall be established as 3136
follows: 3137
(I) The base salary for instructional personnel or school 3138
administrators who opt into the performance salary schedule 3139
shall be the salary paid in the prior year, including 3140
adjustments only. 3141
(II) Instructional personnel or school administrators new 3142
to the district, returning to the district after a break in 3143
service without an authorized leave of absence, or appointed for 3144
the first time to a position in the distric t in the capacity of 3145
instructional personnel or school administrator shall be placed 3146
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 127 of 139
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
on the performance salary schedule. Beginning July 1, 2021, and 3147
until such time as the minimum base salary as defined in s. 3148
1011.62(14) equals or exceeds $47,500, the annu al increase to 3149
the minimum base salary shall not be less than 150 percent of 3150
the largest adjustment made to the salary of an employee on the 3151
grandfathered salary schedule. Thereafter, the annual increase 3152
to the minimum base salary shall not be less than 75 percent of 3153
the largest adjustment for an employee on the grandfathered 3154
salary schedule. 3155
b. Salary adjustments. —Salary adjustments for highly 3156
effective or effective performance shall be established as 3157
follows: 3158
(I) The annual salary adjustment under the performance 3159
salary schedule for an employee rated as highly effective must 3160
be at least 25 percent greater than the highest annual salary 3161
adjustment available to an employee of the same classification 3162
through any other salary schedule adopted by the distri ct. 3163
(II) The annual salary adjustment under the performance 3164
salary schedule for an employee rated as effective must be equal 3165
to at least 50 percent and no more than 75 percent of the annual 3166
adjustment provided for a highly effective employee of the same 3167
classification. 3168
(III) A salary schedule shall not provide an annual salary 3169
adjustment for an employee who receives a rating other than 3170
highly effective or effective for the year. 3171
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 128 of 139
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
c. Salary supplements. —In addition to the salary 3172
adjustments, each distri ct school board shall provide for salary 3173
supplements for activities that must include, but are not 3174
limited to: 3175
(I) Assignment to a Title I eligible school. 3176
(II) Assignment to a school that earned a grade of "F" or 3177
three consecutive grades of "D" pursua nt to s. 1008.34 such that 3178
the supplement remains in force for at least 1 year following 3179
improved performance in that school. 3180
(III) Certification and teaching in critical teacher 3181
shortage areas. Statewide critical teacher shortage areas shall 3182
be identified by the State Board of Education under s. 1012.07. 3183
However, the district school board may identify other areas of 3184
critical shortage within the school district for purposes of 3185
this sub-sub-subparagraph and may remove areas identified by the 3186
state board which do not apply within the school district. 3187
(IV) Assignment of additional academic responsibilities. 3188
3189
If budget constraints in any given year limit a district school 3190
board's ability to fully fund all adopted salary schedules, the 3191
performance salary sche dule shall not be reduced on the basis of 3192
total cost or the value of individual awards in a manner that is 3193
proportionally greater than reductions to any other salary 3194
schedules adopted by the district. Any compensation for 3195
longevity of service awarded to in structional personnel who are 3196
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 129 of 139
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
on any other salary schedule must be included in calculating the 3197
salary adjustments required by sub -subparagraph b. 3198
Section 47. Section 1012.44, Florida Statutes, is amended 3199
to read: 3200
1012.44 Qualifications for certain pe rsons providing 3201
speech-language services.—The State Board of Education shall 3202
adopt rules for speech -language services to school districts 3203
that qualify for additional full-time equivalent membership 3204
under s. 1011.62(1)(f) the sparsity supplement as describe d in 3205
s. 1011.62(7). These services may be provided by baccalaureate 3206
degree level persons for a period of 3 years. The rules shall 3207
authorize the delivery of speech -language services by 3208
baccalaureate degree level persons under the direction of a 3209
certified speech-language pathologist with a master's degree or 3210
higher. 3211
Section 48. Subsections (1) and (4) of section 1012.584, 3212
Florida Statutes, are amended to read: 3213
1012.584 Continuing education and inservice training for 3214
youth mental health awareness and ass istance.— 3215
(1) Beginning with the 2018 -2019 school year, The 3216
Department of Education shall establish an evidence -based youth 3217
mental health awareness and assistance training program to help 3218
school personnel identify and understand the signs of emotional 3219
disturbance, mental illness, and substance use disorders and 3220
provide such personnel with the skills to help a person who is 3221
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 130 of 139
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
developing or experiencing an emotional disturbance, mental 3222
health, or substance use problem. 3223
(4) Each school district shall notify all school personnel 3224
who have received training pursuant to this section of mental 3225
health services that are available in the school district, and 3226
the individual to contact if a student needs services. The term 3227
"mental health services" includes, but is not limited to, 3228
community mental health services, health care providers, and 3229
services provided under ss. 1006.04 and 1006.041 ss. 1006.04 and 3230
1011.62(13). 3231
Section 49. Paragraph (b) of subsection (2) of section 3232
1012.586, Florida Statutes, is amended to read: 3233
1012.586 Additions or changes to certificates; duplicate 3234
certificates; reading endorsement pathways. — 3235
(2) 3236
(b) As part of adopting a pathway pursuant to paragraph 3237
(a), the department shall review the competencies for the 3238
reading endorsement and s ubject area examinations for educator 3239
certificates identified pursuant to s. 1012.585(3)(f) for 3240
alignment with evidence -based instructional and intervention 3241
strategies rooted in the science of reading and identified 3242
pursuant to s. 1001.215(7) s. 1001.215(8) and recommend changes 3243
to the State Board of Education. Recommended changes must 3244
address identification of the characteristics of conditions such 3245
as dyslexia, implementation of evidence -based classroom 3246
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 131 of 139
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 and interventions, including evidence -based reading 3247
instruction and interventions specifically for students with 3248
characteristics of dyslexia, and effective progress monitoring. 3249
By July 1, 2023, each school district reading endorsement add -on 3250
program must be resubmitted for approval by the departm ent 3251
consistent with this paragraph. 3252
Section 50. Section 1012.71, Florida Statutes, is amended 3253
to read: 3254
1012.71 The Florida Teachers Classroom Supply Assistance 3255
Program.— 3256
(1) For purposes of the Florida Teachers Classroom Supply 3257
Assistance Program, the term "classroom teacher" means a 3258
certified teacher employed by a public school district or a 3259
public charter school in that district on or before September 1 3260
of each year whose full -time or job-share responsibility is the 3261
classroom instruction of studen ts in prekindergarten through 3262
grade 12, including full -time media specialists and certified 3263
school counselors serving students in prekindergarten through 3264
grade 12, who are funded through the Florida Education Finance 3265
Program. A "job-share" classroom teache r is one of two teachers 3266
whose combined full-time equivalent employment for the same 3267
teaching assignment equals one full -time classroom teacher. 3268
(2) The amount of funds per classroom teacher for the 3269
Florida Teachers Classroom Supply Assistance Program shall be 3270
specified The Legislature, in the General Appropriations Act , 3271
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 132 of 139
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
shall determine funding for the Florida Teachers Classroom 3272
Supply Assistance Program . Classroom teachers shall use the 3273
funds appropriated are for classroom teachers to purchase, on 3274
behalf of the school district or charter school, classroom 3275
materials and supplies for the public school students assigned 3276
to them and may not be used to purchase equipment. The funds 3277
appropriated shall be used to supplement the materials and 3278
supplies otherwise available to classroom teachers. From the 3279
funds appropriated for the Florida Teachers Classroom Supply 3280
Assistance Program, the Commissioner of Education shall 3281
calculate an amount for each school district based upon each 3282
school district's proportionate sha re of the state's total 3283
unweighted FTE student enrollment and shall disburse the funds 3284
to the school districts by July 15. 3285
(3) From the funds allocated to each school district and 3286
any funds received from local contributions for the Florida 3287
Teachers Classroom Supply Assistance Program, the district 3288
school board shall calculate an identical amount for each 3289
classroom teacher who is estimated to be employed by the school 3290
district or a charter school in the district on September 1 of 3291
each year, which is that t eacher's proportionate share of the 3292
total amount allocated to the district from state funds and 3293
funds received from local contributions. A job -share classroom 3294
teacher may receive a prorated share of the amount provided to a 3295
full-time classroom teacher. For a classroom teachers teacher 3296
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 133 of 139
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
determined eligible on July 1, the district school board and 3297
each charter school board shall may provide such classroom 3298
teachers the teacher with their amount as specified in the 3299
General Appropriations Act his or her total pro portionate share 3300
by August 1. For classroom teachers based on the estimate of the 3301
number of teachers who will be employed on September 1. For a 3302
classroom teacher determined eligible after July 1, the district 3303
school board and each charter school board shal l provide such 3304
classroom teachers with their amount as specified in the General 3305
Appropriations Act the teacher with his or her total 3306
proportionate share by September 30. A job-share classroom 3307
teacher may receive a prorated share of the amount provided to a 3308
full-time classroom teacher The proportionate share may be 3309
provided by any means determined appropriate by the district 3310
school board or charter school board, including, but not limited 3311
to, direct deposit, check, debit card, or purchasing card. If a 3312
debit card is used, an identifier must be placed on the front of 3313
the debit card which clearly indicates that the card has been 3314
issued for the Florida Teachers Classroom Supply Assistance 3315
Program. Expenditures under the program are not subject to state 3316
or local competitive bidding requirements. Funds received by a 3317
classroom teacher do not affect wages, hours, or terms and 3318
conditions of employment and, therefore, are not subject to 3319
collective bargaining. Any classroom teacher may decline receipt 3320
of or return the funds without explanation or cause . 3321
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 134 of 139
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) The Department of Education shall administer a 3322
competitive procurement through which eligible classroom 3323
teachers may purchase classroom materials and supplies. 3324
Annually, by September 1, each school district shall sub mit to 3325
the department: 3326
(a) The name of each eligible classroom teacher. 3327
(b) The proportionate share of the amount as specified in 3328
the General Appropriations Act for each eligible job -share 3329
classroom teacher. 3330
(c) The name and Master School Identificat ion Number of 3331
the school in which the eligible classroom teacher is assigned. 3332
(d) Any other information necessary for the administration 3333
of the program as determined by the department. 3334
(5)(4) Each classroom teacher must sign a statement 3335
acknowledging receipt of the funds, keep receipts for no less 3336
than 4 years to show that funds expended meet the requirements 3337
of this section, and return any unused funds to the district 3338
school board at the end of the regular school year . Any unused 3339
funds that are returned to the district school board shall be 3340
deposited into the school advisory council account of the school 3341
at which the classroom teacher returning the funds was employed 3342
when that teacher received the funds were made available to the 3343
classroom teacher. If t he school does not have a school advisory 3344
council, the funds shall be expended for classroom materials and 3345
supplies as determined by the school principal or deposited into 3346
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 135 of 139
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the Florida Teachers Classroom Supply Assistance Program account 3347
of the school district in which a charter school is sponsored, 3348
as applicable. 3349
(5) The statement must be signed and dated by each 3350
classroom teacher before receipt of the Florida Teachers 3351
Classroom Supply Assistance Program funds and shall include the 3352
wording: "I, ...(name of teacher)..., am employed by the 3353
....County District School Board or by the ....Charter School as 3354
a full-time classroom teacher. I acknowledge that Florida 3355
Teachers Classroom Supply Assistance Program funds are 3356
appropriated by the Legislature for the sole purpose of 3357
purchasing classroom materials and supplies to be used in the 3358
instruction of students assigned to me. In accepting custody of 3359
these funds, I agree to keep the receipts for all expenditures 3360
for no less than 4 years. I understand that if I d o not keep the 3361
receipts, it will be my personal responsibility to pay any 3362
federal taxes due on these funds. I also agree to return any 3363
unexpended funds to the district school board at the end of the 3364
regular school year for deposit into the school advisory council 3365
account of the school where I was employed at the time I 3366
received the funds or for deposit into the Florida Teachers 3367
Classroom Supply Assistance Program account of the school 3368
district in which the charter school is sponsored, as 3369
applicable." 3370
(6) The Department of Education and district school boards 3371
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 136 of 139
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
may, and are encouraged to, enter into public -private 3372
partnerships in order to increase the total amount of Florida 3373
Teachers Classroom Supply Assistance Programs funds available to 3374
classroom teachers. 3375
Section 51. Section 1012.715, Florida Statutes, is created 3376
to read: 3377
1012.715 Heroes in the classroom sign -on bonus.— 3378
(1) PURPOSE.—Subject to legislative appropriation, the 3379
Department of Education shall provide a one -time sign-on bonus, 3380
as provided in the General Appropriations Act, to honorably 3381
discharged or retired military veterans and retired first 3382
responders, as defined in s. 112.1815(1), who commit to joining 3383
the teaching profession as a full -time classroom teacher. An 3384
honorably discharged or r etired military veteran or retired 3385
first responder may receive an additional bonus for teaching a 3386
course in a high-demand teacher need area, as identified by the 3387
department pursuant to paragraph (3)(e). 3388
(2) ELIGIBILITY.—To be eligible to receive a sign -on 3389
bonus, an applicant must be an honorably discharged or retired 3390
military veteran or retired first responder and provide the 3391
following to the department: 3392
(a) Documentation of his or her honorable discharge or 3393
retirement. 3394
(b) Documentation that he or s he was not subject to any 3395
disciplinary action during the last 5 years of his or her 3396
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 137 of 139
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
employment as a servicemember in the United States Armed Forces 3397
or as a first responder. The term "disciplinary action" includes 3398
suspensions, dismissals, and involuntary de motions that were 3399
associated with disciplinary actions. 3400
(c) A copy of his or her professional certificate or 3401
temporary certificate issued pursuant to s. 1012.56(7). 3402
(d) Documentation that he or she agrees to maintain 3403
employment with the school district or charter school for a 3404
minimum of 2 consecutive school years upon receipt of the sign -3405
on bonus. An individual who accepts a sign -on bonus pursuant to 3406
this section but fails to maintain his or her employment 3407
pursuant to this paragraph must reimburse the d epartment the 3408
amount of the sign-on bonus in a manner prescribed by the 3409
department. 3410
(3) DEPARTMENT OF EDUCATION RESPONSIBILITIES. —The 3411
department shall distribute bonuses pursuant to this section 3412
and, at a minimum, must: 3413
(a) Establish a method for dete rmining the estimated 3414
number of eligible honorably discharged or retired military 3415
veterans and retired first responders to be hired in the 3416
applicable fiscal year. 3417
(b) Establish additional minimum criteria necessary for an 3418
individual to be eligible for a sign-on bonus. 3419
(c) Establish an estimated cost to the department for 3420
developing and administering the bonus program. 3421
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 138 of 139
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) Establish a method for an individual to reimburse the 3422
department if he or she receives the sign -on bonus but does not 3423
maintain employment for the required consecutive 2 -year period. 3424
(e) Identify courses that are in high -demand teacher need 3425
areas in which honorably discharged or retired military veterans 3426
or retired first responders may teach to be eligible for an 3427
additional bonus. 3428
(4) SCHOOL DISTRICT RESPONSIBILITIES. —A school district 3429
that employs an eligible honorably discharged or retired 3430
military veteran or retired first responder must: 3431
(a) Provide any necessary information requested by the 3432
department. 3433
(b) In a manner establ ished by the department, notify the 3434
eligible honorably discharged or retired military veteran or 3435
retired first responder that employment may impact his or her 3436
pension from a previous employer. 3437
(5) RULEMAKING.—The State Board of Education may adopt 3438
rules to implement this section. 3439
Section 52. The Division of Law Revision is directed to 3440
revise the title of subpart D of part I of chapter 1011, Florida 3441
Statutes, consisting of ss. 1011.55 -1011.59, Florida Statutes, 3442
to read "Florida School for the Deaf and the Blind and Florida 3443
School for Competitive Academics: Preparation, Adoption, and 3444
Implementation of Budgets" to conform to the amendments made by 3445
this act. 3446
ENROLLED
HB 5101, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb5101-02-er
Page 139 of 139
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 53. The amendments made by this act to s. 1003.03, 3447
Florida Statutes, shall not take effect if HB 633 or similar 3448
legislation is adopted in the same legislative session or an 3449
extension thereof and becomes a law. 3450
Section 54. Except as otherwise expressly provided in this 3451
act, this act shall take effect July 1, 2023. 3452