Florida Senate - 2023 SB 342 By Senator Berman 26-00771-23 2023342__ 1 A bill to be entitled 2 An act relating to minimum base salary for full-time 3 classroom teachers; providing a short title; amending 4 s. 1011.62, F.S.; increasing the minimum base salary 5 for full-time classroom teachers; amending s. 1012.22, 6 F.S.; conforming a provision to changes made by the 7 act; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1.This act may be cited as the Save Our Teachers 12 Act. 13 Section 2.Paragraph (b) of subsection (14) of section 14 1011.62, Florida Statutes, is amended to read: 15 1011.62Funds for operation of schools.If the annual 16 allocation from the Florida Education Finance Program to each 17 district for operation of schools is not determined in the 18 annual appropriations act or the substantive bill implementing 19 the annual appropriations act, it shall be determined as 20 follows: 21 (14)TEACHER SALARY INCREASE ALLOCATION.The Legislature 22 may annually provide in the Florida Education Finance Program a 23 teacher salary increase allocation to assist school districts in 24 their recruitment and retention of classroom teachers and other 25 instructional personnel. The amount of the allocation shall be 26 specified in the General Appropriations Act. 27 (b)Allocation funds are restricted in use as follows: 28 1.Each school district and charter school shall use its 29 share of the allocation to increase the minimum base salary for 30 full-time classroom teachers, as defined in s. 1012.01(2)(a), 31 plus certified prekindergarten teachers funded in the Florida 32 Education Finance Program, to at least $65,000 $47,500, or to 33 the maximum amount achievable based on the allocation and as 34 specified in the General Appropriations Act. The term minimum 35 base salary means the lowest annual base salary reported on the 36 salary schedule for a full-time classroom teacher. No full-time 37 classroom teacher shall receive a salary less than the minimum 38 base salary as adjusted by this subparagraph. This subparagraph 39 does not apply to substitute teachers. 40 2.In addition, each school district shall use its share of 41 the allocation to provide salary increases, as funding permits, 42 for the following personnel: 43 a.Full-time classroom teachers, as defined in s. 44 1012.01(2)(a), plus certified prekindergarten teachers funded in 45 the Florida Education Finance Program, who did not receive an 46 increase or who received an increase of less than 2 percent 47 under subparagraph 1. or as specified in the General 48 Appropriations Act. This subparagraph does not apply to 49 substitute teachers. 50 b.Other full-time instructional personnel as defined in s. 51 1012.01(2)(b)-(d). 52 3.A school district or charter school may use funds 53 available after the requirements of subparagraph 1. are met to 54 provide salary increases pursuant to subparagraph 2. 55 4.A school district or charter school shall maintain the 56 minimum base salary achieved for classroom teachers provided 57 under subparagraph 1. and may not reduce the salary increases 58 provided under subparagraph 2. in any subsequent fiscal year, 59 unless specifically authorized in the General Appropriations 60 Act. 61 Section 3.Paragraph (c) of subsection (1) of section 62 1012.22, Florida Statutes, is amended to read: 63 1012.22Public school personnel; powers and duties of the 64 district school board.The district school board shall: 65 (1)Designate positions to be filled, prescribe 66 qualifications for those positions, and provide for the 67 appointment, compensation, promotion, suspension, and dismissal 68 of employees as follows, subject to the requirements of this 69 chapter: 70 (c)Compensation and salary schedules. 71 1.Definitions.As used in this paragraph: 72 a.Adjustment means an addition to the base salary 73 schedule that is not a bonus and becomes part of the employees 74 permanent base salary and shall be considered compensation under 75 s. 121.021(22). 76 b.Grandfathered salary schedule means the salary 77 schedule or schedules adopted by a district school board before 78 July 1, 2014, pursuant to subparagraph 4. 79 c.Instructional personnel means instructional personnel 80 as defined in s. 1012.01(2)(a)-(d), excluding substitute 81 teachers. 82 d.Performance salary schedule means the salary schedule 83 or schedules adopted by a district school board pursuant to 84 subparagraph 5. 85 e.Salary schedule means the schedule or schedules used 86 to provide the base salary for district school board personnel. 87 f.School administrator means a school administrator as 88 defined in s. 1012.01(3)(c). 89 g.Supplement means an annual addition to the base salary 90 for the term of the negotiated supplement as long as the 91 employee continues his or her employment for the purpose of the 92 supplement. A supplement does not become part of the employees 93 continuing base salary but shall be considered compensation 94 under s. 121.021(22). 95 2.Cost-of-living adjustment.A district school board may 96 provide a cost-of-living salary adjustment if the adjustment: 97 a.Does not discriminate among comparable classes of 98 employees based upon the salary schedule under which they are 99 compensated. 100 b.Does not exceed 50 percent of the annual adjustment 101 provided to instructional personnel rated as effective. 102 3.Advanced degrees.A district school board may not use 103 advanced degrees in setting a salary schedule for instructional 104 personnel or school administrators hired on or after July 1, 105 2011, unless the advanced degree is held in the individuals 106 area of certification and is only a salary supplement. 107 4.Grandfathered salary schedule. 108 a.The district school board shall adopt a salary schedule 109 or salary schedules to be used as the basis for paying all 110 school employees hired before July 1, 2014. Instructional 111 personnel on annual contract as of July 1, 2014, shall be placed 112 on the performance salary schedule adopted under subparagraph 5. 113 Instructional personnel on continuing contract or professional 114 service contract may opt into the performance salary schedule if 115 the employee relinquishes such contract and agrees to be 116 employed on an annual contract under s. 1012.335. Such an 117 employee shall be placed on the performance salary schedule and 118 may not return to continuing contract or professional service 119 contract status. Any employee who opts into the performance 120 salary schedule may not return to the grandfathered salary 121 schedule. 122 b.In determining the grandfathered salary schedule for 123 instructional personnel, a district school board must base a 124 portion of each employees compensation upon performance 125 demonstrated under s. 1012.34 and shall provide differentiated 126 pay for both instructional personnel and school administrators 127 based upon district-determined factors, including, but not 128 limited to, additional responsibilities, school demographics, 129 critical shortage areas, and level of job performance 130 difficulties. 131 5.Performance salary schedule.By July 1, 2014, the 132 district school board shall adopt a performance salary schedule 133 that provides annual salary adjustments for instructional 134 personnel and school administrators based upon performance 135 determined under s. 1012.34. Employees hired on or after July 1, 136 2014, or employees who choose to move from the grandfathered 137 salary schedule to the performance salary schedule shall be 138 compensated pursuant to the performance salary schedule once 139 they have received the appropriate performance evaluation for 140 this purpose. 141 a.Base salary.The base salary shall be established as 142 follows: 143 (I)The base salary for instructional personnel or school 144 administrators who opt into the performance salary schedule 145 shall be the salary paid in the prior year, including 146 adjustments only. 147 (II)Instructional personnel or school administrators new 148 to the district, returning to the district after a break in 149 service without an authorized leave of absence, or appointed for 150 the first time to a position in the district in the capacity of 151 instructional personnel or school administrator shall be placed 152 on the performance salary schedule. Beginning July 1, 2023 2021, 153 and until such time as the minimum base salary as defined in s. 154 1011.62(14) equals or exceeds $65,000 $47,500, the annual 155 increase to the minimum base salary shall not be less than 150 156 percent of the largest adjustment made to the salary of an 157 employee on the grandfathered salary schedule. Thereafter, the 158 annual increase to the minimum base salary shall not be less 159 than 75 percent of the largest adjustment for an employee on the 160 grandfathered salary schedule. 161 b.Salary adjustments.Salary adjustments for highly 162 effective or effective performance shall be established as 163 follows: 164 (I)The annual salary adjustment under the performance 165 salary schedule for an employee rated as highly effective must 166 be at least 25 percent greater than the highest annual salary 167 adjustment available to an employee of the same classification 168 through any other salary schedule adopted by the district. 169 (II)The annual salary adjustment under the performance 170 salary schedule for an employee rated as effective must be equal 171 to at least 50 percent and no more than 75 percent of the annual 172 adjustment provided for a highly effective employee of the same 173 classification. 174 (III)A salary schedule shall not provide an annual salary 175 adjustment for an employee who receives a rating other than 176 highly effective or effective for the year. 177 c.Salary supplements.In addition to the salary 178 adjustments, each district school board shall provide for salary 179 supplements for activities that must include, but are not 180 limited to: 181 (I)Assignment to a Title I eligible school. 182 (II)Assignment to a school that earned a grade of F or 183 three consecutive grades of D pursuant to s. 1008.34 such that 184 the supplement remains in force for at least 1 year following 185 improved performance in that school. 186 (III)Certification and teaching in critical teacher 187 shortage areas. Statewide critical teacher shortage areas shall 188 be identified by the State Board of Education under s. 1012.07. 189 However, the district school board may identify other areas of 190 critical shortage within the school district for purposes of 191 this sub-sub-subparagraph and may remove areas identified by the 192 state board which do not apply within the school district. 193 (IV)Assignment of additional academic responsibilities. 194 195 If budget constraints in any given year limit a district school 196 boards ability to fully fund all adopted salary schedules, the 197 performance salary schedule shall not be reduced on the basis of 198 total cost or the value of individual awards in a manner that is 199 proportionally greater than reductions to any other salary 200 schedules adopted by the district. Any compensation for 201 longevity of service awarded to instructional personnel who are 202 on any other salary schedule must be included in calculating the 203 salary adjustments required by sub-subparagraph b. 204 Section 4.This act shall take effect July 1, 2023.