This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME:
DATE:
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: CS/CS/HB 1285 Education
SPONSOR(S): Education & Employment Committee and Choice & Innovation Subcommittee, Canady and
others
TIED BILLS: None. IDEN./SIM. BILLS: CS/CS/CS/SB 996
FINAL HOUSE FLOOR ACTION: 84 Y’s
29 N’s GOVERNOR’S ACTION: Approved
SUMMARY ANALYSIS
CS/CS/HB 1285 passed the House on February 15, 2024, as amended. The bill was amended in the Senate
on March 5, 2024 and returned to the House. The House concurred in the Senate amendment and
subsequently passed the bill as amended on March 7, 2024. The bill includes portions of CS/HB 1311, CS/HB
1151, and CS/SB 7002.
The bill makes a number of changes to Florida’s K-12 public schools. Regarding school improvement and
accountability, the bill requires any changes made by the State Board of Education (SBE) to components in the
school grades model or school grading scale must go into effect, at the earliest, in the following school year.
The bill specifies the responsibilities of a school district implementing a turnaround plan for a public school
which is reopening as a charter school. The bill expands Florida’s support of military families by creating the
Purple Star School District Program and requires school districts and charter schools to offer students in
grades 11 and 12 the opportunity to take the Armed Services Vocational Aptitude Battery and consult with a
military recruiter.
The bill authorizes school districts to assign disruptive students to a disciplinary program or alternative school
setting, but prohibits assigning students based solely on having a disability. The bill clarifies the process for
students enrolled in a virtual instruction program or virtual charter school to participate in statewide,
standardized assessments. The bill also revises the process to object to school district materials.
The bill allows a classical charter school to provide an enrollment preference to students who transfer from
another classical school and authorizes a charter school to provide enrollment preference to the children of
specified working parents. The bill exempts an owner or lessee of a property used to house a charter school
from having to make an annual ad valorem tax exemption application and authorizes a private school to use
certain facilities under the facility's preexisting zoning and land use designations. The bill authorizes the
Commissioner of Education to appoint and remove the executive director for the Education Practices
Commission and requires the SBE to adopt rules for the issuance of a classical education teaching certificate.
The bill also makes adopted instructional materials available to teacher preparation programs.
At the postsecondary level, the bill specifies that members of Florida College System (FCS) and State
University System boards of trustees may not do business or have any business affiliation with any institution
under his or her purview and repeals the FCS Institution Employment Equity Accountability Program. The bill
creates the Office of Ocean Economy at Florida Atlantic University and authorizes an Associate in Arts
specialized transfer degree. The bill also prohibits a public postsecondary institution from prohibiting applicants
or currently enrolled students from being employed, either full time or part time, as a condition of admission or
enrollment and allows a single-document to establish residency for tuition purposes. Finally, the bill allows
certain FCS institutions to reduce out of state tuition for distance learning at certain institutions.
The bill appropriates $250,000 in nonrecurring funds to the Department of Education for International
Baccalaureate teacher bonuses and has other indeterminate fiscal impacts. See Fiscal Comments.
The bill was approved by the Governor on April 16, 2024, ch. 2024-101, L.O.F., and will become effective on
July 1, 2024.
I. SUBSTANTIVE INFORMATION
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A. EFFECT OF CHANGES:
Virtual Instruction Programs
Present Situation
A virtual instruction program provides an interactive, technology-based learning environment in which
students are separated from their teachers by time or space, or both.
1
Each school district must provide
at least one option for part-time and full-time virtual instruction for students residing within the school
district, and provide timely written notification to parents of at least one open enrollment period for full-
time students.
2
A school district virtual instruction program must consist of the following:
Full-time and part-time virtual instruction for students enrolled in kindergarten through grade 12.
Full-time or part-time virtual instruction for students enrolled in dropout prevention and academic
intervention programs, Department of Juvenile Justice (DJJ) education programs, core-curricula
courses to meet class size requirements, or Florida College System (FCS) institutions.
3
Each school district must provide information to parents and students about students’ right to
participate in a virtual instruction program and in courses offered by the Florida Virtual School (FLVS).
4
All students, including home education and private school students, are eligible to participate in district
virtual instruction programs.
5
In order to provide students residing within the school district with the
opportunity to participate in virtual instruction programs, a school district may:
contract with the FLVS
6
or establish a franchise of the FLVS;
contract with a provider approved by the Department of Education (DOE) for the provision of a
full-time or part-time school district virtual instruction program;
enter into an agreement with another school district to allow its students to participate in a virtual
instruction program provided by the other school district;
establish school district operated part-time or full-time kindergarten through grade 12 virtual
instruction programs; and
enter into an agreement with a virtual charter school authorized by the school district.
7
Contracts with the FLVS or other providers may include multidistrict contractual arrangements that may
be executed by a regional consortium service organization
8
on behalf of its member school districts.
9
Additionally, a virtual charter school may enter into an agreement with a school district to allow
participation of the virtual charter school’s students in the school district’s virtual instruction program.
10
1
Section 1002.45(1)(a)3., F.S.
2
Section 1002.45(1)(b), F.S.
3
Section 1002.45(1)(b)1., F.S.
4
Sections 1002.37(1) and (9)(a) and 1002.45(9), F.S.
5
Section 1002.455, F.S.
6
The Florida Virtual School is established for the development and delivery of online and distance learning education full-time and
part-time to students enrolled in kindergarten through grade 12. The Commissioner of Education is required to monitor the school’s
performance and report the school’s performance to the State Board of Education (SBE) and the Legislature. Section 1002.37(1)(a)
and (9)(a), F.S.; s. 1002.45(9), F.S.
7
Section 1002.45(1)(c)1.-5., F.S.
8
See s. 1001.451, F.S. School districts with 20,000 or fewer unweighted full-time equivalent students, lab schools, and the Florida
School for the Deaf and the Blind may enter into cooperative agreements to form a regional consortium service organization.
9
Section 1002.45(1)(c), F.S. (flush left provision at the end of the subsection).
10
Section 1002.45(1)(d)3., F.S.
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Participating students must comply with the compulsory school attendance requirements as verified by
the district. Students must also participate in the state assessment program and the coordinated
screening and progress monitoring system.
11
Statewide assessments and progress monitoring may be administered within the school district in
which the student resides, or as specified in a contract between the school district and a qualified
contractor, if applicable.
12
If requested by the approved virtual instruction program provider
13
or virtual
charter school,
14
the district of residence must provide the student with access to the district’s testing
facilities.
15
Effect of the Bill
The bill requires virtual instruction providers and virtual charter schools to provide a list of students to
be administered statewide assessments and progress monitoring to the school district, including the
students’ names, Florida Education Identifiers, grade levels, assessments and progress monitoring to
be administered, and contact information.
The bill specifies that unless an alternative testing site is mutually agreed upon by the virtual provider
and the school district, or specified in a contract between the school district and a qualified contractor,
all assessments and progress monitoring must be taken at the school to which the student would be
assigned according to district school board attendance policies. The school district must provide the
student with access to the school’s or district’s testing facilities and provide the student with the date
and time of the administration of each assessment and progress monitoring.
Dual Enrollment
Present Situation
Overview
The dual enrollment program is an acceleration mechanism that allows an eligible secondary student or
home education student to enroll and earn credit in a postsecondary course that is creditable toward
both a high school diploma and an associate or baccalaureate degree or career certificate.
16
An eligible
secondary student is a student who is enrolled in grades 6 through 12 in a Florida public school or
eligible private school that provides a secondary curriculum.
17
Upon successful completion of a dual
enrollment course, the student simultaneously receives high school and college, university, or career
certificate credit. Students may also participate in dual enrollment for courses that will lead to an
industry certification. Eligible students are permitted to enroll in dual enrollment courses conducted
during and after school hours and during the summer term. Dual enrollment students are exempt from
the payment of registration, tuition, and laboratory fees.
18
Articulation Agreements Between Public Postsecondary Institutions and School Districts
As used in the Florida K-20 Education Code, “articulation” is the systematic coordination that provides
the means by which students proceed toward their educational objectives in as rapid and student-
friendly manner as their circumstances permit, from grade level to grade level, from elementary to
middle to high school, to and through postsecondary education, and when transferring from one
11
Section 1002.45(5), F.S.
12
Sections 1002.45(5)(b) and 1008.24(3), F.S.
13
Section 1002.45(2), F.S.
14
Section 1002.45(1)(d), F.S.
15
Section 1002.45(5)(b), F.S.
16
Section 1007.271(1), F.S.
17
Section 1007.271(2), F.S.
18
Id.
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educational institution or program to another.
19
“Service area” refers to the county or counties served by
each FCS institution.
20
Each public postsecondary institution and school district in its service area must jointly develop and
implement a comprehensive dual enrollment articulation agreement.
21
The dual enrollment articulation
agreement must be submitted annually to the DOE on or before August 1 and must include, but is not
limited to, the following components:
The available dual enrollment courses and programs.
22
A description of the processes by which students and parents are informed about and exercise
options to participate in dual enrollment, including registration.
23
The type of high school credit earned for completion of a dual enrollment course.
24
A listing of any additional student eligibility criteria.
25
Each institution's responsibilities for student screening and performance monitoring,
transmission of grades, program costs including instructional materials, and student
transportation.
26
District school boards may not refuse to enter into a dual enrollment articulation agreement with a local
FCS institution that has the capacity to offer dual enrollment courses.
27
Effect of the Bill
The bill requires district school boards to make reasonable efforts to enter into dual enrollment
articulation agreements with a FCS institution which offers online dual enrollment courses.
The Purple Star Campus Program
Present Situation
The Purple Star Campus program was established by the Florida legislature in 2021
28
and further
defined in State Board of Education (SBE) rule as the Purple Star School of Distinction Designation.
29
The purpose of the Purple Star School of Distinction Designation is to recognize schools that support
the unique needs of military families, help military-connected students navigate critical challenges, and
provide resources for military-connected students when transitioning to a new school environment.
30
As
of November 2023, 197 Florida schools have earned the Purple Star School of Distinction
Designation.
31
19
Section 1000.21(1), F.S.
20
Section 1000.21(5)(a)-(bb), F.S.
21
Section 1007.271(21), F.S.; see also Florida Department of Education (DOE), Public School Dual Enrollment Articulation
Agreements, https://www.fldoe.org/policy/articulation/public-school-dual-enrollment.stml (last visited Mar. 20, 2024).
22
Section 1007.271(21)(c), F.S.
23
Section 1007.271(21)(b), (d), and (i), F.S. Career centers, FCS institutions, and state universities must also delineate courses and
programs for dually enrolled home education students. Courses and programs may be added, revised, or deleted at any time. Section
1007.271(13)(b)1., F.S.
24
Section 1007.271(21)(f), F.S.
25
Section 1007.271(21)(e), F.S. Career centers, FCS institutions, and state universities must also identify eligibility criteria for home
education student participation, not to exceed those required of other dually enrolled students. Section 1007.271(13)(b)2., F.S.
Exceptions to the required grade point average may be granted on an individual student basis. Section 1007.271(21)(h), F.S.
26
Section 1007.271(21)(l), (m), (n), and (o), F.S.
27
Section 1007.271(4), F.S.
28
Section 1, ch. 2021-65, L.O.F., codified at s. 1003.051, F.S.
29
Rule 6A-1.0999, F.A.C.
30
Florida Department of Education (DOE), Purple Star School of Distinction Designation, https://www.fldoe.org/schools/family-
community/activities-programs/parental-involvement/purple-star.stml (last visited Mar. 20, 2024).
31
DOE, Governor Ron DeSantis Announces 73 New Purple Star Schools to Provide Additional Resources for Military Families,
https://www.fldoe.org/newsroom/latest-news/icymi-governor-ron-desantis-announces-73-new-purple-star-schools-to-provide-
additional-resources-for-military-families.stml (last visited Mar. 20, 2024).
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For the purpose of this program, a “military student” means a student who is:
enrolled in a school district, charter school, or any school or educational institution participating
in an educational choice scholarship program;
32
and
a dependent of a current member of the United States military serving on active duty in, or a
former member of, the Army, Navy, Air Force, Space Force, Marine Corps, or Coast Guard; a
reserve component of any branch of the United States military; or the Florida National Guard.
33
At a minimum, the program requires a participating school to:
Designate a staff member as a military liaison.
Maintain a web page on the school’s website which includes resources for military students and
their families.
Maintain a student-led transition program that assists military students in transitioning into the
school.
Offer professional development training opportunities for staff members on issues relating to
military students.
Reserve at least 5 percent of controlled open enrollment seats for military students.
34
Once awarded, schools maintain their designation as a Purple Star School of Distinction for 3 school
years.
35
Effect of the Bill
The bill requires the DOE to create the Purple Star School District Program. At a minimum, the program
must require a participating school district to have at least 75 percent of schools in the district
designated as Purple Star Campuses and maintain a web page on the district’s website with resources
for military students and their families and links to each Purple Star Campus’s web page with
resources. The bill authorizes the DOE to establish additional program criteria to identify school districts
that demonstrate a commitment to or provide critical coordination of services for military students and
their families, including, but not limited to, establishing a council consisting of a representative from
each Purple Star Campus in the district and one district-level representative to ensure the alignment of
military student-focused policies and procedures within the district.
The bill authorizes the SBE to adopt rules to administer the program.
Armed Services Vocational Aptitude Battery & Military Recruiters
Present Situation
Armed Services Vocational Aptitude Battery
The Armed Services Vocational Aptitude Battery (ASVAB) is a multiple-choice test, administered by the
United States Military Entrance Processing Command, used to determine qualification for enlistment in
the United States Armed Forces.
36
32
See ch. 1002, F.S.
33
Section 1003.051(1), F.S.
34
Section 1003.051(2)(a), F.S.
35
Rule 6A-1.0999, F.A.C.
36
Official ASVAB, ASVAB Fact Sheet (2023), available at https://www.officialasvab.com/wp-content/uploads/2023/06/ASVAB-
Fact_Sheet.pdf.
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The ASVAB is a timed multi-aptitude test, administered at over 14,000 schools and Military Entrance
Processing Stations nationwide and developed and maintained by the Department of Defense. It
measures a young adult’s strengths and potential for success in military training.
37
The ASVAB consists of 10 subtests and scores are used to determine the best jobs for those entering a
branch of the military. Scores from four of the math and verbal domain subtests are used to determine
an Armed Forces Qualification Test (AFQT) score, which determines eligibility for enlistment.
38
Each branch of the military has different standards. The minimum scores each branch of the military
requires depends on whether a potential recruit has a high school diploma or a high school equivalency
diploma (GED). Those students with a GED need a higher AFQT score than students with a high
school diploma. An AFQT score of 60 indicates that the examinee scored as well as or better than 60
percent of the nationally representative sample. For high school graduates earning a diploma, the
requirements by military branch are as follows:
39
Air Force recruits are required to have a minimum AFQT score of 31.
Army recruits are required to have a minimum AFQT score of 31.
Coast Guard recruits are required to have a minimum AFQT score of 36.
Marine recruits are required to have a minimum AFQT score of 31.
National Guard recruits are required to have a minimum AFQT score of 31.
Navy recruits are required to have a minimum AFQT score of 31.
AFQT scores are divided into five categories:
40
Category I - 93-99.
Category II - 65-92.
Category IIIa - 50-64.
Category IIIb - 31-49.
Category IVa - 21-30.
Category IVb - 16-20.
Category IVc - 10-15.
Category V - 1-9.
Beginning with the 2022-2023 school year, the school grading formula for high schools was modified to
include the percentage of students who earned an AFQT score that falls within Category II or higher on
the ASVAB and earned a minimum of two credits in Junior Reserve Officers’ Training Corps (JROTC)
courses from the same branch of the United States Armed Forces.
41
Military Recruiters and Access to Public School Campuses
Under current law, a school district must grant military recruiters of the United States Armed Forces and
United States Department of Homeland Security the same access to secondary school students, and to
school facilities and grounds, which the district grants to postsecondary educational institutions or
prospective employers of students.
42
A school district must also grant military recruiters access to the names, addresses, and telephone
listings of secondary school students as required by federal statute,
43
except the district must comply
37
Military.com, The ASVAB Test, https://www.military.com/join-armed-forces/asvab (last visited Mar. 20, 2024).
38
US Military Careers, How the ASVAB Score is Computed, https://www.liveabout.com/how-the-asvab-afqt-score-is-computed-
3354094 (last visited Mar. 20, 2024).
39
Official ASVAB, Enlistment Eligibility, https://www.officialasvab.com/applicants/enlistment-eligibility (last visited Mar. 20, 2024).
40
Id.
41
Section 2, ch. 2020-75, L.O.F.; s. 1008.34(3)(b)2., F.S.
42
Section 1003.451(3)(a), F.S.
43
20 U.S.C. § 7908(a)(1).
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with a student’s or parent’s request under federal
44
or state
45
statute not to release the student’s
information without prior written parental consent.
46
Effect of the Bill
The bill requires each school district and charter school to offer students in grades 11 and 12 the
opportunity to take the ASVAB and consult with a military recruiter if the student chooses. The ASVAB
must be scheduled during normal school hours.
Dropout Prevention and Academic Intervention
Present Situation
Overview
Each district school board may establish dropout prevention and academic intervention programs at the
elementary, middle, or high school level.
47
These programs must use instructional teaching methods
appropriate to the specific needs of each student participating in the program.
48
Any school that
establishes a dropout prevention and academic intervention program must reflect the program in its
school improvement plan.
49
Dropout prevention and academic intervention programs may differ from traditional programs and
schools in scheduling, administrative structure, philosophy, curriculum, or setting and must employ
alternative teaching methodologies, curricula, learning activities, and diagnostic and assessment
procedures in order to meet the needs, interests, abilities, and talents of eligible students.
50
Eligibility for participation in a dropout prevention and academic intervention program is limited to
students in grades 1 through 12. School districts must report eligible students in the appropriate basic
cost factor in the Florida Education Finance Program (FEFP). The strategies and supports provided to
eligible students are funded through the General Appropriations Act and may include, but are not
limited to, those services identified on the student’s academic intervention plan.
51
Students are eligible for dropout prevention and academic programs if they are academically
unsuccessful, exhibit a pattern of excessive absenteeism or have been identified as a habitual truant,
have a history of disruptive behavior in school or have committed an offense that warrants out-of-school
suspension or expulsion from school, or have been identified by a school’s early warning system.
52
Student participation in a dropout prevention and academic intervention program is voluntary. District
school boards may, however, assign students to a program for disruptive students. A student must not
be identified as eligible for dropout prevention and academic intervention program services based
solely on being from a single-parent family.
53
District school boards that receive state funding for dropout prevention and academic intervention must
submit an annual report to the DOE documenting the extent of the district’s success in using dropout
prevention and academic intervention programs to improve the district’s graduation rate, dropout rate,
44
20 U.S.C. § 7908(a)(2).
45
Section 1002.22, F.S.
46
Section 1003.451(3)(b), F.S.
47
Section 1003.53(2)(a), F.S.
48
Id.
49
Section 1003.53(2)(b), F.S.
50
Section 1003.53(1)(a), F.S.
51
Section 1003.53(1)(b), F.S.
52
Section 1003.53(1)(c), F.S.
53
Section 1003.53(1)(a), F.S.
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attendance rate, and retention/promotion rate.
54
In addition, school boards that provide a dropout
prevention and academic intervention program must maintain records for each participating student
documenting the student’s eligibility, the length of the student’s participation, the type of program to
which the student was assigned or type of academic intervention services provided, and an evaluation
of the student’s academic and behavioral performance while in the program.
55
District school boards must establish course standards for dropout prevention and academic
intervention programs
56
and procedures to ensure that teachers assigned to these programs possess
the affective, pedagogical, and content-related skills necessary to meet the needs of students placed in
the program.
57
Prior to a student’s placement in a dropout prevention and academic intervention program, the school
principal must provide written notice by certified mail, return receipt requested, to the student’s parent.
58
The student’s parent must return acknowledgement of the written notice within 3 days of receipt. The
notice must inform the parent that he or she is entitled to an administrative review of any action by
school personnel relating to the student’s placement.
59
Effect of the Bill
The bill authorizes district school boards to assign students to a disciplinary program for disruptive
students or an alternative school setting or other program in accordance with the state’s policy of zero
tolerance for crime and victimization.
60
The bill requires that, notwithstanding any other provision of law
to the contrary, no student can be identified as eligible to receive services through the dropout
prevention and academic intervention program solely based on having a disability. The bill authorizes a
district school board to adopt a policy that allows a parent to agree to an alternative method of
notification regarding a student’s placement in a dropout prevention and academic intervention
program. The bill authorizes the agreement to be made before the need for notification arises or at the
time the notification becomes required.
The bill provides that dropout prevention and academic intervention programs established by each
district school board must utilize student services that lead to improved student behavior as appropriate
to the specific needs of the student. The bill requires that each student enrolled in a dropout prevention
and academic intervention program has an academic intervention plan developed to address eligibility
for placement in the program and to provide individualized student goals and progress monitoring
procedures. A student's academic intervention plan must be consistent with the student's individual
education plan (IEP).
Finally, the bill requires that teachers assigned to dropout prevention and academic intervention
programs are certified as required under the law and by rules of the SBE.
61
School Improvement and Accountability
Present Situation
School Turnaround Plans
54
Section 1003.53(3), F.S.
55
Section 1003.53(5), F.S.
56
Rule 6A-6.0521, F.A.C.
57
Section 1003.53(4), F.S.
58
Section 1003.53(5), F.S.
59
Id.
60
Section 1006.13, F.S.
61
Section 1012.55(1), F.S.
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Florida’s system of improving low-performing schools is referred to as “school improvement” (SI).
62
Under SI, the lowest-performing schools receive more comprehensive, state-provided intervention and
support than schools that are closer to meeting student achievement goals.
63
Intervention and support
is required for traditional public schools earning a letter grade of “D” or “F” or producing a graduation
rate of sixty-seven (67) percent or less.
64
Intensive intervention and support strategies must be applied through turnaround plans
65
to schools
earning two consecutive grades of “D” or a grade of “F”.
66
In the first full school year after a school
initially earns a grade of “D,” the school district must immediately implement intervention and support
strategies.
67
For a school that initially earns a grade of “F” or a second consecutive grade of “D,” the
school district must either continue implementing or immediately begin implementing intervention and
support strategies
68
and provide the department with the memorandum of understanding by September
1 and a district-managed turnaround plan by October 1 for approval by the SBE.
69
The plan must be
designed to improve a school’s grade to a “C” or better within two school years.
70
Upon SBE approval, the school district must implement the plan for the remainder of the school year
and continue the plan for one full school year. The SBE may allow a school an additional year of
implementation before the school must implement a turnaround option
71
if it determines that the school
is likely to improve to a grade of “C” or higher after the first full school year of implementation.
72
If the school’s grade does not improve to a “C” or higher after the additional year (its fourth consecutive
grade below a “C”), or after the first full year of implementation if an additional year is not granted, the
school must select from the following turnaround options:
73
Reassign students to another school and monitor the progress of each student.
Close the school and reopen as one or more charter schools with a governing board that has a
demonstrated record of effectiveness.
Contract with an external operator that has a demonstrated record of effectiveness to operate
the school.
Selection of an external operator may include one, or a combination of the following:
74
A district-managed charter school or a high-performing charter school network in which all
instructional personnel are not employees of the school district, but are employees of an
independent governing board composed of members who did not participate in the review or
approval of the charter.
A contractual agreement that allows for a charter school network or any of its affiliated
subsidiaries to provide individualized consultancy services tailored to address the identified
needs of one or more schools under this section.
To exit the SI program, a school must meet one of the following requirements:
75
62
Section 1008.33(2) and (4), F.S.; r. 6A-1.099811, F.A.C.
63
See id. School improvement requirements were originally established under the 2002 reauthorization of ESEA, otherwise known as
the No Child Left Behind (NCLB) Act of 2001. Pub. L. No. 107-110, 115 Stat. 1425 (Jan. 8, 2002).
64
Section 1008.33(3)(b), F.S.; see also r. 6A-1.099811(2)(aa), F.A.C.
65
Rule 6A-1.099811(2)(bb), F.A.C.
66
Section 1008.33(4)(a), F.S.
67
Rule 6A-1.099811(3)(c), F.A.C.
68
Id.
69
Section 1008.33(4)(a), F.S.
70
Rule 6A-1.099811(7)(a) and (13)(b), F.A.C. A Tier 2 SI school is any school that earns a single grade of “F” or consecutive grades
of “D” in any school year in which the school received a grade and is in the first cycle of turnaround. Rule 6A-1.099811(3)(b), F.A.C.
71
Section 1008.33(4)(b), F.S.
72
Section 1008.33(4)(a), F.S.
73
Section 1008.33(4)(b), F.S.; r. 6-A 1.099811(7)(b), F.A.C
74
Section 1008.33(4)(b)3., F.S.
75
Rule 6A-1.099811(16), F.A.C
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If the school’s SI status is determined by its school grade, the school must earn a grade of at
least a “C”; or
If the school’s SI status is solely based on its graduation rate, it must achieve a graduation rate
higher than 67 percent.
If a school earning two consecutive grades of “D” or a grade of “F” does not improve to a grade of “C”
or higher after two school years of implementing the turnaround option selected by the school district,
the district must implement another turnaround option. Implementation must begin the school year
following the implementation period of the existing turnaround option, unless the SBE determines that
the school is likely to improve to a grade of “C” or higher if additional time is provided to implement the
existing turnaround option.
76
School Grades
School grades are used to explain a school’s performance in a familiar, easy-to-understand manner for
parents and the public.
77
School grades are also used to determine whether a school must select or
implement a turnaround option
78
or whether a school is eligible for school recognition funds as
appropriated by the Legislature.
79
Elementary, middle, and high schools each share a basic model for determining school grades, based
on the percentage of total points earned by a school for each component in the model. Middle and high
school models include additional components beyond the basic model.
80
Combination school models
include the additional components for the grades served (e.g., a school serving grades K-12 would
include the additional components for the middle and high school models).
Each school must receive a school grade based on the school’s performance on the following
components:
81
The percentage of eligible students passing statewide, standardized assessments in English
Language Arts (ELA), mathematics, science, and social studies.
The percentage of eligible students who make learning gains in ELA and mathematics as
measured by statewide, standardized assessments.
The percentage of eligible students in the lowest 25 percent in ELA and mathematics, as
identified by prior year performance on statewide, standardized assessments, who make
learning gains as measured by statewide, standardized assessments.
For schools comprised of grade levels that include grade 3, the percentage of eligible students
who score an achievement level 3 or higher on the grade 3 statewide, standardized ELA
assessment.
For schools comprised of middle grades 6 through 8 or grades 7 and 8, the percentage of
eligible students passing high school level statewide, standardized end-of-course assessments
or attaining national industry certifications identified in the Career and Professional Education
(CAPE) Industry Certification Funding List pursuant to SBE rule.
For a school comprised of grades 9-12 or 10-12, the school’s grade is also based on the following
components:
82
The 4-year high school graduation rate of the school.
76
Section 1008.33(4)(d), F.S.
77
Section 1008.34, F.S.
78
See s. 1008.33(4), F.S.
79
See s. 1008.36, F.S.
80
See s. 1008.34(3)(b), F.S.; r. 6A-1.09981(4)(a)-(c), F.A.C.
81
Section 1008.34(3)(b)1.a.-j., F.S.
82
Section 1008.34(3)(b)2., F.S.
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The percentage of students who were eligible to earn college and career credit in a specified
acceleration mechanism, who earn a specified industry certification, or who participate in
JROTC courses and earn a qualifying score on the ASVAB.
The SBE must periodically review the school grading scale to determine if the scale should be adjusted
upward to meet raised expectations and encourage increased student performance. The SBE must
notify the public of any adjustments and explain the reasons for the adjustment and the impact it will
have on school grades.
83
Florida launched a new, statewide coordinated screening and progress monitoring system during the
2022-2023 school year.
84
This assessment system provides teachers, students and parents with real-
time, immediate, and actionable data at the beginning, middle, and end of the school year to drive
student improvement.
85
To assist in the transition to school and district grades calculated based on the
comprehensive, end-of-year progress monitoring assessment, the 2022-2023 school and district grades
served as an informational baseline for schools and districts to work toward improved performance in
future years.
86
No negative consequences could result from these grades, therefore:
87
Due to the absence of learning gains data in the 2022-2023 school year, the initial school
grading scale for the 2022-2023 informational baseline grades was set so that the percentage
of schools earning an “A,” “B,” “C,” “D,” and “F” was statistically equivalent to the 2021-2022
school grades results.
A school could not be required to select and implement a turnaround option in the 2023-2024
school year based on the school’s 2022-2023 grade. However, a school using turnaround
options which improved to a grade of “C” or higher during the 2022-2023 school year was
released from implementing the turnaround option or selecting a different turnaround option.
A school or approved virtual instruction program provider receiving the same or lower school
grade for the 2022-2023 school year compared to the 2021-2022 school year was not subject
to sanctions or penalties that would otherwise occur as a result of the 2022-2023 school grade
or rating. A charter school system or school district designated as high performing could not
lose the designation based on the 2022-2023 school grades of any of the schools within the
charter school system or school district or based on the 2022-2023 district grade, as applicable.
For purposes of determining grade 3 retention and high school graduation, student
performance on the 2022-2023 comprehensive, end-of-year progress monitoring assessment
was linked to 2021-2022 student performance expectations. In addition to the good cause
exemptions, a student could be promoted to grade 4 for the 2023-2024 school year if he or she
demonstrated an acceptable level of performance through means reasonably calculated by the
school district to provide reliable evidence of the student’s performance.
In October 2023, the SBE considered and adopted two amendments to rules,
88
one setting
performance standards, also known as cut scores, based on achievement data from the 2022-2023
school year
89
and the other adding a statutorily required, stand-alone component measuring the ELA
achievement of grade 3 students.
90
83
Section 1008.34(3)(c)1., F.S.
84
Section 1008.25(9), F.S.
85
DOE, Approval of Amendment to Rule 6A-1.09422, F.A.C., Statewide, Standardized Assessment Program Requirements (2023),
available at https://www.fldoe.org/core/fileparse.php/20680/urlt/5-3.pdf.
86
Section 1008.34(7), F.S.
87
Section 1008.34(7)(a)-(d), F.S.
88
SBE, State Board of Education Agenda- October 18, 2023, https://www.fldoe.org/policy/state-board-of-edu/meetings/2023/2023-
10-18/ (last visited Mar. 20, 2024).
89
DOE, Approval of Amendment to Rule 6A-1.09422, F.A.C., Statewide, Standardized Assessment Program Requirements (2023),
available at https://www.fldoe.org/core/fileparse.php/20680/urlt/5-3.pdf
90
DOE, Approval of Amendment to Rule 6A-1.09981, F.A.C., School and District Accountability (2023), available at
https://www.fldoe.org/core/fileparse.php/20680/urlt/6-3.pdf.
STORAGE NAME: PAGE: 12
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When learning gains data becomes available in the 2023-2024 school year, the SBE will review the
school grading scale and determine if the scale should be adjusted.
91
Learning gains and
consequences will return for the 2023-2024 calculation of school grades.
92
Effect of the Bill
School Turnaround Plans
For a school that has not improved to a grade of “C” or higher under a district-managed turnaround plan
and has selected the turnaround option of closing and reopening as a charter school, the bill provides
the following requirements for the school district and the charter school operator upon reopening as a
charter school:
The school district must continue to operate the school for the following school year and must
execute a charter school turnaround contract by October 1 that will allow the charter school an
opportunity to conduct an evaluation of the educational program and personnel currently
assigned to the school during the year in preparation for assuming full operational control of the
school and facility by July 1. The school district may not reduce or remove resources from the
school during this time.
The charter school operator must provide enrollment preference to students currently attending
or who would have otherwise attended or been zoned for the school. The school district must
consult and negotiate with the charter school every 3 years to determine whether realignment of
the attendance zone is appropriate to ensure that students residing closest to the school are
provided with an enrollment preference.
The charter school operator must serve the existing grade levels served by the school at its
current enrollment or higher, but may, at its discretion, serve additional grade levels.
The school district may not charge rental or leasing fees for the existing facility or for the
property normally inventoried to the school. The charter school and the school district must
agree to reasonable maintenance provisions in order to maintain the facility in a manner similar
to all other school facilities in the school district.
The school district may not withhold an administrative fee for the provision of services identified
in statute.
93
The bill provides that ceasing implementation of a turnaround option because a school improves to a
grade of “C” or higher, does not apply to a school district that has already executed a charter school
turnaround contract.
Finally, the bill requires the SBE to adopt rules to implement these provisions and to develop a
standard charter school turnaround contract, a standard facility lease, and a mutual management
agreement.
School Grades
The bill requires that beginning in the 2024-2025 school year, any changes made by the SBE to
components in the school grades model or the school grading scale must go into effect, at the earliest,
in the following school year.
Charter Schools
Present Situation
91
Section 1008.34(7)(a), F.S.
92
DOE, Approval of Amendment to Rule 6A-1.09422, F.A.C., Statewide, Standardized Assessment Program Requirements (2023),
available at https://www.fldoe.org/core/fileparse.php/20680/urlt/5-3.pdf.
93
Section 1002.33(20)(a), F.S.
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All charter schools in Florida are tuition-free public schools within the state’s public education
system.
94
One of the guiding principles of charter schools is to “meet high standards of student
achievement while providing parents flexibility to choose among diverse educational opportunities
within the state’s public school system.”
95
Charter schools operate under a performance contract with a
sponsor.
96
This performance contract is known as a “charter.”
97
Application and Charter
An application for a new charter school may be made by an individual, teachers, parents, a group of
individuals, a municipality or a legal entity organized under Florida law.
98
The school must be organized
as, or be operated by a municipality, a public entity authorized under the law, or a nonprofit
organization.
99
While a charter school must be a public or nonprofit entity, it may be managed by a for-
profit education management organization.
100
After a charter school application is approved, the initial startup shall commence at a time determined
by the applicant.
101
The terms of the charter must be negotiated by the applicant and sponsor using the
standard charter contract within 30 days after approval of the application.
102
The initial term of a charter
is 5 years, excluding 2 planning years.
103
In addition to other requirements, the charter must include:
104
the types of students to be served, including ages and grade levels;
the curriculum focus and instructional methods to be used;
105
baseline standards of student academic achievement, outcomes to be achieved and methods of
measurement to be used;
106
the method for determining the strengths and needs of students and whether they are meeting
educational goals
107
and for secondary charter schools,
108
the method to determine a student
has satisfied the requirements for high school graduation;
In Florida, some charter schools are implementing a curriculum known as classical education which is
centered on “the pursuit of wisdom and virtue by means of a rich and ordered course of study grounded
94
Section 1002.33(1), F.S. Florida’s first charter school law was enacted in 1996. Chapter 96-186, L.O.F., initially codified at s.
228.056, F.S., re-designated in 2002 as s. 1002.33, F.S.
95
Section 1002.33(2)(a)1., F.S.
96
Section 1002.33(1), (7), and (9)(a), F.S.
97
Section 1002.33(7) and (9)(c), F.S.
98
Section 1002.33(3)(a), F.S.; see also r. 6A-6.0786, F.A.C. and DOE, Charter Schools, Model Application Forms,
https://www.fldoe.org/schools/school-choice/charter-schools/charter-school-reference/ (last visited Mar. 20, 2024).
99
Section 1002.33(12)(i), F.S.
100
Id.
101
Section 1002.33(6)(b), F.S.
102
Section 1002.33(7) and (7)(b), F.S. The standard charter contract must incorporate the approved application and any addenda
approved with the application.
103
Section 1002.33(7)(a)(12), F.S.
104
Section 1002.33(7)(a)1.-19., F.S.
105
The charter must ensure that reading is a primary focus of the curriculum and that resources are provided to identify and provide
specialized instruction to students who are reading below grade level. Additionally, to provide students with access to diverse
instructional delivery models, charter schools may implement blended learning courses. Section 1002.33(7)(a)2.a.-b., F.S. Any
changes to curriculum which are consistent with state standards are deemed approved under the charter unless the sponsor and the
DOE determine in writing that the curriculum is inconsistent with state standards. Section 1002.33(7)(d), F.S.
106
The district school board is required to provide academic student performance data for students coming from the district school
system to the charter, as well as rates of academic progress of comparable student populations in the district. Section 1002.33(7)(a)3.,
F.S. (flush-left provision at the end of the sub-subparagraph).
107
Students in a charter school must, at a minimum, participate in Florida’s statewide assessments. Section 1002.33(7)(a)4., F.S.
108
In this context, the term “secondary education” is synonymous with “middle or high school” (grades 6 through 12). Generally,
elementary schools serve students in kindergarten through grade 5, middle schools serve students in grades 6 through 8, and high
schools serve students in grades 9 through 12. See s. 1003.01(2), F.S. (definition of “school”).
STORAGE NAME: PAGE: 14
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in the liberal arts tradition.”
109
There are currently 18 classical charter schools in Florida operating in 9
school districts.
110
Enrollment Eligibility
Charter schools are open to all students residing within a school district and students who are covered
by an inter-district enrollment agreement.
111
A parent whose child is not subject to a current expulsion
or suspension order may seek enrollment in, and transport his or her child to, any public school in the
state, including a charter school, which has not reached capacity.
112
The charter school governing
board shall determine capacity based upon its contract
113
and capacity determinations for the school,
by grade level, must be updated every 12 weeks and be identified on the school website.
114
Prospective
students must apply for enrollment in a charter school and if the number of applications exceeds the
school’s capacity, a random lottery must be used to determine which students are enrolled.
115
A charter
school may give enrollment preference to:
siblings of a student enrolled in the charter school;
children of a member of the charter school governing board;
children of charter school employees;
children of an employee of the business partner of a charter school-in-the-workplace or a
resident of the municipality where such charter school is located;
children of a resident or employee of a municipality that operates a charter school-in-a-
municipality or allows a charter school to use a school facility or portion of land provided by the
municipality for the operation of the charter school;
students who successfully completed a Voluntary Prekindergarten Education Program (VPK)
during the previous year provided by the charter school, the charter school’s governing board,
or a VPK provider that has a written agreement with the governing board;
children of active-duty U.S. Armed Forces personnel;
students who attended or are assigned to failing schools; and
children of a safe-school officer at the school.
116
Charter schools are also authorized to limit the enrollment process to target specific student
populations that include the following:
Students within specific age groups or grade levels.
Students considered at risk of dropping out of school or academic failure. Such students shall
include exceptional education students.
Students enrolling in a charter school-in-the-workplace or charter school-in-a-municipality.
Students residing within a reasonable distance of the charter school. Such students are subject
to a random lottery and to the racial/ethnic balance or any federal provisions that require a
school to achieve a racial/ethnic balance reflective of the community it serves or within the
racial/ethnic range of other nearby public schools.
109
Thomas B. Fordham Institute, Classical education is growing. Here’s how to keep it that way.,
https://fordhaminstitute.org/national/commentary/classical-education-growing-heres-how-keep-it-way (last visited Mar. 20, 2024).
110
Email, DOE, Legislative Affairs (Feb. 2, 2024), on file with the Education & Employment Committee.
111
Section 1002.33(10)(a), F.S. A charter school receiving federal Charter School Program grant funds must use a lottery if more
students apply for admission to the charter school than can be admitted, unless students are enrolling in the immediate prior grade
level of an “affiliated charter school.” However, a charter school may use a weighted lottery under certain prescribed circumstances.
See 20 U.S.C. s. 7221b(c)(3) and s. 7221i(2)(H). See also U.S. Department of Education, Office of Elementary & Secondary
Education, Dear Colleague Letter- ESSA flexibilities for CSP Grantees (Nov. 15, 2017), available at
https://oese.ed.gov/files/2019/11/CSP-DCL-1.pdf.
112
Section 1002.31(2)(a), F.S.
113
Section 1002.31(2)(b), F.S.
114
Id.
115
Section 1002.33(10)(b), F.S.
116
Section 1002.33(10)(d)1.-8., F.S.
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Students who meet reasonable academic, artistic, or other eligibility standards established by
the charter school and included in the charter school application and charter or, in the case of
existing charter schools, standards that are consistent with the school’s mission and purpose,
but which may not discriminate against otherwise qualified individuals. A school that limits
enrollment for such purposes must place a student on a progress monitoring plan for at least
one semester before dismissing the student from the school.
Students articulating from one charter school to another pursuant to an articulation agreement
between the charter schools that has been approved by the sponsor.
Students living in a development in which a developer, including any affiliated business entity or
charitable foundation, contributes to the formation, acquisition, construction, or operation of one
or more charter schools or charter school facilities and related property in an amount equal to or
having a total appraised value of at least $5 million to be used as charter schools to mitigate the
educational impact created by the development of new residential dwelling units. Students living
in the development are entitled to 50 percent of the student stations in the charter schools. The
students who are eligible for enrollment are subject to a random lottery, the racial/ethnic balance
provisions, or any federal provisions.
117
Governing Board
Each charter school must have a governing board. The board is responsible for:
negotiating the school’s charter agreement with its sponsor;
exercising continuing oversight over the school’s operations;
adopting and maintaining an annual operating budget;
ensuring that annual audits are conducted;
submitting monthly financial statements to the sponsor and implementing corrective actions to
remedy financial instability;
submitting the school’s annual progress report to the sponsor; and
adopting policies which establish standards of ethical conduct for educational support
employees, instructional personnel, and school administrators.
118
Restriction on Employment of Relatives
In a charter school operated by a private entity,
119
charter school personnel may not appoint, employ,
promote, or advance, or advocate for appointment, employment, promotion, or advancement, in or to a
position in the charter school in which the personnel are serving or over which the personnel exercises
jurisdiction or control any individual who is a relative. An individual may not be appointed, employed,
promoted, or advanced in or to a position in a charter school if such appointment, employment,
promotion, or advancement has been advocated by charter school personnel who serve in or exercise
jurisdiction or control over the charter school and who is a relative of the individual or if such
appointment, employment, promotion, or advancement is made by the governing board of which a
relative of the individual is a member.
120
“Charter school personnel” is defined as a charter school owner, president, chairperson of the
governing board of directors, superintendent, governing board member, principal, assistant principal, or
any other person employed by the charter school who has equivalent decision-making authority and in
whom is vested the authority, or to whom the authority has been delegated, to appoint, employ,
promote, or advance individuals or to recommend individuals for appointment, employment, promotion,
or advancement in connection with employment in a charter school, including the authority as a
117
Section 1002.33(10)(e), F.S.
118
Section 1002.33(7), (9)(g)-(k), and (12)(g)3. F.S.
119
Section 1002.33(24)(a), F.S.
120
Section 1002.33(24)(b), F.S.
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member of a governing body of a charter school to vote on the appointment, employment, promotion, or
advancement of individuals.
121
“Relative” means father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece,
husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.
122
Annual Application Required for Tax Exemption
The Florida Constitution reserves to local governments the authority to levy ad valorem taxes on real
and tangible personal property.
123
Ad valorem taxes
124
are levied annually by counties, cities, school
districts, and some special districts based on the value of real and tangible personal property as of
January 1 of each year.
125
Each person or organization who meets the criteria for an ad valorem tax exemption may claim the
exemption if the claimant held legal title to the real or personal property subject to the exemption on
January 1.
126
The application for exemption must be filed with the property appraiser on or before
March 1 and failure to make an application constitutes a waiver of the exemption for that year. The
application must list and describe the property for which the exemption is being claimed and certify the
ownership and use of the property. The claimant must reapply for the exemption on an annual basis,
unless the property appraiser (subject to approval by a vote of the governing body of the county) has
waived the annual application requirement for property after an initial application is made and the
exemption granted.
127
Educational institutions within the state and their property used by them or by any other exempt entity
or educational institution exclusively for education purposes are exempt from taxation.
128
Property used
for educational purposes by a charter school is generally exempt from property tax; however, the
specific exemption involved is different depending on whether the charter school owns or leases the
property.
129
If the property is owned by the charter school, the charter school applies for the
exemption.
130
If the property is leased by the charter school, the landlord applies for the exemption.
131
When a charter school purchases the property that it previously leased, the charter school must apply
for a new exemption.
Under current law, the following organizations are exempt from having to make an annual application
for a property tax exemption:
houses of public worship, the lots on which they are located, personal property located therein
or thereon, parsonages, burial grounds and tombs owned by houses of public worship,
individually owned burial rights not held for speculation, or other such property not rented or
hired out for other than religious or educational purposes at any time;
121
Section 1002.33(24)(a)1., F.S.
122
Section 1002.33(24)(a)2., F.S.
123
Art. VII, ss. 1(a), 9(a), Fla. Const.
124
An ad valorem tax means a tax based upon the assessed value of property. The term “property tax” may be used interchangeably
with the term “ad valorem tax. Section 192.001(1), F.S.
125
Section 192.001(12), F.S., defines “real property” as land, buildings, fixtures, and all other improvements to land. The terms
“land,” “real estate,” “realty,” and “real property” may be used interchangeably. Section 192.001(11)(d), F.S., defines “tangible
personal property” as all goods, chattels, and other articles of value (but does not include the vehicular items enumerated in Art. VII, s.
1(b) of the Florida Constitution and elsewhere defined) capable of manual possession and whose chief value is intrinsic to the article
itself.
126
Section 196.011(1)(a), F.S.
127
Section 196.011(5) and (9)(a), F.S.
128
Section 196.198, F.S.
129
Compare ss. 196.198 and 196.1983, F.S.
130
Section 196.198, F.S.
131
Section 106.1983, F.S.
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household goods and personal effects of permanent residents of this state; and
property of the state or any county, any municipality, any school district, or community college
district thereof.
132
A charter school is not exempt from having to make an annual ad valorem tax exemption application.
Effect of the Bill
Enrollment Eligibility
The bill authorizes a charter school to give enrollment preference to students who transfer from a
Florida classical school to a charter classical school in the state. The bill defines a classical school as a
traditional public school or charter school which implements a classical education school model that
emphasizes the development of students in the principles of moral character and civic virtue through a
well-rounded education in the liberal arts and sciences that is based on the classical trivium stages of
grammar, logic, and rhetoric.
The bill authorizes a charter school to limit the enrollment process to target students whose parent or
legal guardian is employed within a reasonable distance of the charter school, requiring such eligible
students to be subject to a random lottery, and students whose parent or legal guardian maintains a
physical or permanent employment presence within a development in which a developer contributes at
least $5 million to the charter school or schools to mitigate the educational impact of the development.
Restriction on Employment of Relatives
The bill removes “charter school owner” from the definition of “charter school personnel.” This is an
outdated term as charter schools do not have owners, but instead have governing boards.
Annual Application Required for Tax Exemption
The bill exempts an owner or lessee of a property used to house a charter school from having to make
an annual ad valorem tax exemption application. The bill provides that the owner or lessee of such
property is required to notify the property appraiser promptly whenever the use of the property or the
status or condition of the owner or lessee changes so as to change the exempt status of the property.
The bill provides penalties if any owner or lessee fails to notify the property appraiser and the property
appraiser determines that for any year within the prior 10 years the owner or lessee was not entitled to
receive such exemption. If this occurs, the owner or lessee of the property is subject to the taxes
exempted as a result of such failure plus 15 percent interest per annum and a penalty of 50 percent of
the taxes exempted.
The property appraiser making such determination must record in the public records of the county a
notice of tax lien against any property owned by that person or entity in the county, and such property
must be identified in the notice of tax lien. Such property is subject to the payment of all taxes and
penalties. Such lien when filed shall attach to any property, identified in the notice of tax lien, owned by
the person or entity who illegally or improperly received the exemption. If such person or entity no
longer owns property in that county but owns property in some other county or counties in the state, the
property appraiser will record a notice of tax lien in such other county or counties, identifying the
property owned by such person or entity in such county or counties, and it will become a lien against
that property.
Private Schools
132
Section 196.011(3), F.S.
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Present Situation
In Florida, a private school is a nonpublic school defined as an individual, association, copartnership,
or corporation, or department, division, or section of such organizations, that designates itself as an
educational center that includes kindergarten or a higher grade or as an elementary, secondary,
business, technical, or trade school below college level. A private school may be a parochial, religious,
denominational, for-profit, or nonprofit school.
133
Private elementary and secondary schools in Florida
are not licensed, approved, accredited, or regulated by the DOE.
134
Private schools are required by
statute to complete an annual online survey to gather information for inclusion in a statewide Directory
of Private Schools.
135
The Directory of Private Schools is maintained as a service to the public, to
governmental agencies, and to other parties that are interested in obtaining information about Florida
private schools.
136
The annual submission of the database survey by a school may not be used to
imply approval or accreditation by the DOE.
137
According to the DOE’s 2022-2023 school year private schools annual report, 445,067 or 13.4 percent
of the state’s total pre-Kindergarten through grade 12 enrollment were private school students.
138
For
the 2022-2023 school year, Florida reported 2,973 private schools.
139
Compared with the 2021-2022
school year, the total number of private schools in the state that submitted an online annual survey for
the 2022-2023 school year rose by 125 schools and student enrollment increased by 28,983
students.
140
All officials, teachers, and other employees in parochial, religious, denominational, and private K-12
private schools in the state are required to keep all records, including a register of enrollment and
attendance.
141
If a private school becomes defunct, in order to facilitate access to academic records by former
students seeking to continue their education or training, it must transfer all permanent information
contained in student records to the district school superintendent of the public school district in which
the private school was located; or, if the private school is a member of a private school system or
association, such school may transfer such records to the principal office of such system or association.
In the event that such private school system or association becomes defunct, it must transfer all the
permanent information contained in its files to the district school superintendent of the public school
district in which the private school was located.
142
All private schools that become defunct must notify
the DOE of the date of transfer of student records, the location of storage, the custodian of such
records, and the number of records to be stored. The DOE acts as a clearinghouse and maintains a
registry of such transfers of student records.
143
Effect of the Bill
133
Section 1002.01(3), F.S.
134
Florida Department of Education, School Choice K-12 Private Schools, https://www.fldoe.org/schools/school-choice/private-
schools/ (last visited Mar. 20, 2024).
135
Section 1002.42(2), F.S.
136
Section 1002.42(2)(f), F.S.
137
Section 1002.42(2)(h), F.S.
138
Florida Department of Education, Florida’s Private Schools 2022-23 School Year Annual Report, at 1, available at
https://www.fldoe.org/core/fileparse.php/7562/urlt/PS-AnnualReport2023.pdf.
139
Id. at 2.
140
Id. at 1.
141
Section 1002.42(4), F.S.
142
Section 1002.42(3)(a)-(b), F.S. As used in this subsection of statute, “defunct private school” means any private school that has
terminated the operation of an education or training program, or that has no students in attendance, or that has dissolved as a business
entity. Permanent information contained in student records includes verified information of clear educational importance, including:
student’s full name and any known changes thereto due to marriage or adoption; authenticated birthdate, place of birth, race, and sex;
last known address of student; names of student’s parents; name and location of last school attended; number of days present and
absent; date enrolled; date withdrawn; courses taken and record of achievement; and date of graduation or program achievement.
143
Section 1002.42(3)(c)-(d), F.S.
STORAGE NAME: PAGE: 19
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The bill authorizes a private school to use facilities on property that is owned or leased by, or
purchased from a library, community service organization, museum, performing arts venue, theatre,
cinema, or church facility under s. 170.201, F.S.,
144
which is or was actively used as such within 5
years of any executed agreement with a private school to use the facilities; any facility or land owned
by a FCS institution or university; any similar public institutional facilities; and any facility recently used
to house a school or child care facility licensed under s. 402.305, F.S.,
145
under any such facility’s
preexisting zoning and land use designations without rezoning or obtaining a special exception or a
land use change, and without complying with any mitigation requirements or conditions. The facility
must be located on property used solely as one of the designated facilities and meet applicable state
and local health, safety, and welfare laws, codes, and rules, including fire safety and building safety.
This provision is similar to an authorization in law for charter schools and Schools of Hope to use such
facilities under preexisting zoning and land use designations.
146
K-12 Instructional Materials
Present Situation
Objection to Materials
Each district school board is required to establish a process by which a parent or resident of the county
may contest the district school board’s adoption of a specific instructional material.
147
The parent or
resident must file a petition, on a form provided by the school board, within 30 calendar days after the
adoption of the instructional material. The school board must make the form available to the public and
publish the form on the school district’s website. The school board is required to conduct at least one
open public hearing before an unbiased and qualified hearing officer that is not an employee or agent
of the school district. Following the hearing, the school board’s decision is made and not subject to
further petition or review.
148
In addition, each school district must have a process by which a parent or resident of the county can
object to the use of a specific instructional material that was not subject to public adoption procedures
or any other material used in a classroom, made available in a school library, or included on a reading
list.
149
If, through this process, the district school board finds that an instructional material does not
meet state standards for adoption or that a material contains content harmful to a minor, is not suited to
student needs and ability to comprehend the material, or is inappropriate for the grade level and age
group it is used for, the district must discontinue the use of the material for that grade level or age
group.
150
In fiscal year 2022-23, there were 1,218 objections in the state resulting in removal of 386 books. Over
half of the objections came from two school districts, Clay and Escambia. Clay County District Schools
reported 489 objections that resulted in removal of 177 book titles. Escambia County Public Schools
reported 215 objections that resulted in the removal of 9 book titles.
151
Duties of Publishers & Manufacturers Regarding K-12 Instructional Materials
144
Section 170.201(2), F.S. defines a “religious institution” as any church, synagogue, or other established physical place for worship
at which nonprofit religious services and activities are regularly conducted and carried on
145
Section 402.305, F.S. provides for the licensing requirements for child care facilities.
146
Sections 1002.33(18)(c) and 1002.333(7)(b), F.S.
147
Section 1006.28(2)(a)3., F.S.
148
Id.
149
Section 1006.28(2)(a)2., F.S.
150
Id.
151
DOE, 2022-2023 School District Reporting Pursuant to Section 1006.28(2), Florida Statutes (2023), available at
https://www.fldoe.org/core/fileparse.php/5574/urlt/2223ObjectionList.pdf.
STORAGE NAME: PAGE: 20
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Whether operating pursuant to the state’s instructional materials program or a district instructional
materials program, publishers and manufacturers of instructional materials must, among other things:
submit electronic sample copies of the instructional material;
submit evidence that the provided materials address the required state standards and are
accessible through the district’s digital classrooms plan and a variety of electronic, digital, and
mobile devices;
furnish instructional materials at a price not to exceed the lowest price offered in other states;
automatically reduce the price of instructional materials or provide materials free of charge if
provided to other states at a reduced rate or free of charge;
keep the materials revised, free from all errors, and up-to-date; and
disclose the authors of the instructional materials.
152
In addition, publishers and manufacturers of instructional materials are prohibited from offering any
emolument, money, or other valuable thing or any inducement, to any district school board official or
state instructional materials reviewer to directly or indirectly introduce, recommend, vote for, or
otherwise influence the adoption or purchase of any instructional materials. Violating this prohibition is a
second-degree misdemeanor and will result in a ban from practicing business in the state for 1 calendar
year.
153
Effect of the Bill
Objection to Materials
The bill provides that a resident of the county who is not the parent or guardian of a student with access
to school district materials may not object to more than one material per month. The bill authorizes the
SBE to adopt rules to implement this provision. The bill also clarifies that if the school board denies a
parent the right to read passages from any material that is subject to an objection due to content that is
pornographic or prohibited under the law, the school district must discontinue use of the material
throughout the school district.
Duties of Publishers & Manufacturers Regarding K-12 Instructional Materials
The bill requires that for each adoption cycle, publishers and manufacturers of instructional materials,
or their representatives, must make sample student editions of instructional materials on the
Commissioner of Education’s list of state-adopted instructional materials available electronically, at a
discount below publisher cost, for use by teacher preparation programs and educator preparation
institutes to enable educators to practice teaching with currently adopted instructional materials aligned
to the state’s academic standards.
The bill requires teacher preparation programs and educator preparation institutes that use such
samples to practice teaching to provide reasonable safeguards against the unauthorized use,
reproduction, and distribution of the sample copies of instructional materials. The bill authorizes
publishers to make sample student editions of adopted instructional materials available at a discounted
price to teacher preparation programs and educator preparation institutes for the instructional purpose
of educators practicing with current materials.
Educator Certification
152
Sections 1006.283(2)(b)7. and 1006.38, F.S. With regard to the state’s instructional materials program, publishers and
manufacturers must maintain a depository in Florida for the in-state distribution of instructional materials to school districts from the
depository or contract with a depository in the state. Section 1006.38(11)-(13), F.S.
153
Section 1006.32(1) and (4), F.S. A second degree misdemeanor is punishable by a term of imprisonment not exceeding 60 days and
a fine not exceeding $500. Sections 775.082(4)(b) and 775.083(1)(e), F.S.
STORAGE NAME: PAGE: 21
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Present Situation
In order for a person to serve as an educator in a traditional public school, charter school, virtual
school, or other publicly operated school, the person must hold a certificate issued by the DOE.
154
Persons seeking employment at a public school as a school supervisor, principal, teacher, library media
specialist, counselor, athletic coach, or in another instructional capacity must be certified.
155
The
purpose of certification is to require school-based personnel to “possess the credentials, knowledge,
and skills necessary to allow the opportunity for a high-quality education in the public schools.”
156
The DOE issues three types of educator certificates:
Professional Certificate: The professional certificate is Florida’s highest type of full-time
educator certification.
157
The professional certificate is valid for 5 years and is renewable.
158
Temporary Certificate: The temporary certificate covers employment in full-time positions for
which educator certification is required.
159
Generally, a temporary certificate is valid for 5 years
and is nonrenewable.
160
Athletic Coaching Certificate: The athletic coaching certificate covers full-time and part-time
employment as a public school’s athletic coach.
161
The DOE issues two types of athletic
coaching certificates – one is valid for 5 years and may be issued for subsequent 5-year periods
while the other is valid for 3 years and may be issued only once.
162
The 5-year certificate
requires satisfaction of certain specialization requirements established in rule.
163
In addition, school districts and charter school governing boards are authorized to issue adjunct
teaching certificates to teachers who have expertise in the subject area to be taught. A school district or
charter school governing board may issue an adjunct teaching certificate for a part-time or full-time
teaching position. An adjunct teaching certificate issued for a full-time teaching position is valid for no
more than 5 years and is nonrenewable. An adjunct teaching certificate is valid through the term of the
annual contract between the educator and the school district or charter school governing board.
164
Professional Certificate Requirements
To be eligible for a professional certificate, a person must:
165
be at least 18 years of age;
sign an affidavit attesting that the applicant will uphold the U.S. and State Constitutions;
154
Sections 1012.55(1) and 1002.33(12)(f), F.S.
155
Sections 1002.33(12)(f) (charter school teachers) and 1012.55(1), F.S. District school boards and charter school governing boards
are authorized to hire non-certified individuals who possess expertise in a given field to serve in an instructional capacity. Rule 6A-
1.0502, F.A.C.; ss. 1002.33(12)(f) and 1012.55(1)(c), F.S. Occupational therapists, physical therapists, audiologists, and speech
therapists are not required to be certified educators. Rule 6A-1.0502(10) and (11), F.A.C.
156
Section 1012.54, F.S.; see r. 6A-4.001(1), F.A.C.
157
Rule 6A-4.004(5), F.A.C.
158
Section 1012.56(7)(a), F.S.; see r. 6A-4.0051(3)(d), F.A.C. (validity period is expressed as 5 years from July 1 of the school fiscal
year). The DOE also issues a nonrenewable 5-year professional certificate that allows an applicant with a bachelor’s degree in the area
of speech-language impairment to complete a master’s degree in speech-language impairment. Section 1012.56(7)(c), F.S.; r. 6A-
4.004(6), F.A.C.
159
Rule 6A-4.004(1)(a)2., F.A.C.
160
Section 1012.56(7)(f), F.S. (validity period is expressed in school fiscal years); r. 6A-4.004(1)(a), F.A.C. The veteran’s pathway to
educator certification authorizes a 5-year nonrenewable temporary certificate. Section 1012.56(7)(b)2., F.S. The DOE also issues a
nonrenewable temporary certificate, which is valid for 2 years in the area of speech-language impairment. Section 1012.56(7)(c), F.S.
161
Section 1012.55(2)(a), F.S.
162
Rule 6A-4.004(7), F.A.C. (validity periods expressed in school fiscal years).
163
See r. 6A-4.0282, F.A.C.
164
Section 1012.57(1) and (4), F.S. An additional annual certification and an additional annual contract may be awarded by the district
at its discretion only if the adjunct teacher is rated effective or highly effective during each year of teaching under the adjunct
certification. Section 1012.57(4), F.S.
165
Section 1012.56(2)(a)-(i), F.S.
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earn a bachelor’s or higher degree from an accredited institution of higher learning
166
or from a
nonaccredited institution identified by the DOE as having a quality program resulting in a
bachelor’s or higher degree;
167
submit to fingerprinting and background screening and not have a criminal history that requires
the applicant’s disqualification from certification or employment;
be of good moral character; and
be competent and capable of performing the duties, functions, and responsibilities of a teacher.
demonstrate mastery of general knowledge;
168
demonstrate mastery of subject area knowledge;
169
and
demonstrate mastery of professional preparation and education competence, if the person
serves as a classroom teacher or school administrator.
170
Demonstrating Mastery of General Knowledge
Mastery of general knowledge may be demonstrated through any of the following methods:
achieving a passing score on the General Knowledge Test;
171
achieving passing scores established in SBE rule on national or international examinations that
test comparable content and relevant standards in verbal, analytical writing, and quantitative
reasoning skills (e.g., the verbal, analytical writing, and quantitative reasoning portions of the
Graduate Record Examination;
172
providing documentation of a valid professional standard teaching certificate issued by another
U.S. state or territory,
173
by the National Board for Professional Teaching Standards (NBPTS),
174
or by the American Board for Certification of Teacher Excellence (ABCTE);
175
completing two semesters of successful, part-time or full-time teaching in a FCS institution, state
university, or private college or university that awards an associate or higher degree and is an
accredited institution or an institution identified by the DOE as having a quality program;
176
and
166
Section 1012.56(2)(c), F.S.; r. 6A-4.003(1), F.A.C. (approved accrediting agencies); see also 34 C.F.R. ss. 602.1-602.50; U.S.
Department of Education, Institutional Accrediting Agencies, https://www.ecfr.gov/current/title-34/subtitle-B/chapter-VI/part-602
(last visited Mar. 20, 2024).
167
Section 1012.56(2)(c), F.S.; r. 6A-4.003(2), F.A.C. (criteria for approval of nonaccredited institutions of higher learning). For
initial certification, an applicant must attain at least a 2.5 overall grade point average on a 4.0 scale in the applicant’s major field of
study. Section 1012.56(2)(c), F.S.
168
Section 1012.56(2)(g) and (3), F.S.; DOE, General Knowledge, http://www.fldoe.org/teaching/certification/general-cert-
requirements/general-knowledge.stml (last visited Mar. 20, 2024).
169
Section 1012.56(2)(h) and (5), F.S.
170
Section 1012.56(2)(i) and (6), F.S.; DOE, Professional Preparation and Education Competence,
http://www.fldoe.org/teaching/certification/general-cert-requirements/professional-preparation-edu-competenc.stml (last visited Mar.
20, 2024)
171
Section 1012.56(3)(a), F.S. The General Knowledge Test is part of the Florida Teacher Certification Examinations and is
administered as four subtests: Reading, English Language Skills, Essay, and Mathematics. Rule 6A-4.0021(7), F.A.C.; see also DOE,
Competencies and Skills Required for Teacher Certification in Florida, s. 82 (27
th
ed., 2022), available at
https://www.fldoe.org/core/fileparse.php/7479/urlt/FTCE27thEdition22Rule.pdf (competencies and skills measured by General
Knowledge Test).
172
Section 1012.56(3)(e), F.S. The passing scores to be identified in state board rule must be at approximately the same level of rigor
as is required to pass the General Knowledge Test. Rule 6A-4.002(4), F.A.C.
173
Section 1012.56(3)(b), F.S.; see rr. 6A-4.002(1)(i) and 6A-4.003, F.A.C. (flush-left provisions following r. 6A-4.003(2)(e), F.A.C.).
Section 1012.56(3)(b), F.S. specifies that a valid professional standard teaching certificate issued by another state is an acceptable
means of demonstrating mastery of general knowledge. The DOE also recognizes certificates issued by U.S. territories. See DOE,
General Knowledge, http://www.fldoe.org/teaching/certification/general-cert-requirements/general-knowledge.stml (last visited Mar.
20, 2024).
174
Section 1012.56(3)(c), F.S.; see r. 6A-4.002(1)(j), F.A.C.; see also National Board for Professional Teaching Standards,
https://www.nbpts.org/ (last visited Mar. 20, 2024).
175
Section 1012.56(3)(c), F.S.; see r. 6A-4.002(1)(j), F.A.C.
176
Section 1012.56(3)(d), F.S.; see also r. 6A-4.003(1)-(2), F.A.C. (approval of accredited and nonaccredited institutions of higher
learning).
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documentation of receipt of a master’s or higher degree from an accredited postsecondary
institution that the DOE has identified as having a quality program resulting in a baccalaureate
degree or higher.
177
Demonstrating Mastery of Subject Area Knowledge
Mastery of subject area knowledge may be demonstrated through any of the following methods:
Bachelor’s Degree Level (for certification in a subject area for which SBE rule requires a
bachelor’s or higher degree):
o If a Florida subject area examination has been developed, achieving a passing score on the
Florida-developed subject area examination specified in SBE rule
178
or documentation of
receipt of a master’s or higher degree from an accredited postsecondary institution that the
DOE has identified as having a quality program resulting in a baccalaureate degree or
higher in the certificate subject area as identified in SBE rule.
179
o If a Florida subject area examination has not been developed, achieving a passing score on
a standardized examination specified in SBE rule, including passing scores on both the oral
proficiency and written proficiency examinations administered by the American Council on
the Teaching of Foreign Languages
180
or successful completion of a United States Defense
Language Institute Foreign Language Center program or a passing score on the Defense
Language Proficiency Test.
181
o For certification in any other subject area for which there is no Florida subject area test or
standardized examination specified in state board rule (e.g., Dance), completing the
required bachelor’s or higher degree and content courses specified in SBE rule
182
and
verification of subject area competence by the district school superintendent or, for a state-
supported or private school, the school’s chief administrative officer.
183
Master’s Degree Level (for certification in a subject area for which SBE rule requires a
master’s or higher degree): Completing the required master’s or higher degree and content
courses specified in SBE rule and achieving a passing score on the corresponding Florida-
developed subject area test or standardized examination specified in SBE rule.
184
Out-of-State Certification: Providing documentation of a valid professional standard teaching
certificate issued for a subject area by another U.S. state or territory or by NBPTS or ABCTE, if
the certificate is comparable to the Florida professional certificate issued for the same subject
area.
185
177
Section 1012.56(3)(f), F.S.
178
Section 1012.56(5)(a), F.S. The Florida Teacher Certification Examinations include 39 subject area tests. DOE, Test Information
Guides, http://www.fl.nesinc.com/FL_TIGS.asp (last visited Mar. 20, 2024); see also DOE, Competencies and Skills Required for
Teacher Certification in Florida, ss. 1-63 (27
th
ed., 2022), available at
https://www.fldoe.org/core/fileparse.php/7479/urlt/FTCE27thEdition22Rule.pdf; see also r. 6A-4.0021(9), F.A.C. (scoring of subject
area tests).
179
Section 1012.56(5)(i), F.S.
180
Section 1012.56(5)(b), F.S; r. 6A-4.0243(1)(e), F.A.C.; see American Council on the Teaching of Foreign Languages (ACTFL),
Assessments, https://www.actfl.org/assessments (last visited Mar. 20, 2024); Language Testing International (ACTFL Language
Testing Office), ACTFL, https://tms.languagetesting.com (last visited Mar. 20, 2024).
181
Section 1012.56(5)(g)-(h), F.S.
182
See, e.g., r. 6A-4.0123, F.A.C. (specialization requirements for certification in dance); see also DOE, Florida Certificate Subjects,
http://www.fldoe.org/teaching/certification/certificate-subjects/ (last visited Mar. 20, 2024).
183
Section 1012.56(5)(c), F.S.; r. 6A-4.002(4), F.A.C.
184
Section 1012.56(5)(d), F.S.; see DOE, Florida Certificate Subjects, http://www.fldoe.org/teaching/certification/certificate-subjects/
(last visited Mar. 20, 2024).
185
Section 1012.56(5)(e) and (f), F.S.; r. 6A-4.002(1)(i)-(j), F.A.C.; DOE, NBPTS Certificate Subjects and Corresponding Subjects in
Florida, http://www.fldoe.org/teaching/certification/pathways-routes/nbpts-certificate-subjects-correspondi.stml (last visited Mar. 20,
2024).
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Demonstrating Mastery of Professional Preparation and Education Competence
Mastery of professional preparation and education competence
186
may be demonstrated through any of
the following methods:
Successfully completing an approved teacher preparation program at a postsecondary
educational institution in Florida, or a teacher preparation program from an out-of-state
accredited or DOE-approved institution, and achieving a passing score on the Professional
Education Test required by state board rule.
187
An applicant is not required to take or achieve a
passing score on the professional education competency examination in order to be awarded a
professional certificate if he or she completes an approved professional preparation and
education competence program and is rated highly effective.
188
Successfully completing a competency-based professional learning certification program offered
by a school district or educator preparation institute and achieving a passing score on the
Professional Education Test.
189
Earning a highly effective rating based in part on student performance on a standardized state
or national examination for teaching a high school course in science, technology, engineering or
mathematics in which the instructor holds an advanced degree and achieving a passing score
on the Professional Education Test.
190
Completing 15 semester hours in professional preparation courses specified in SBE rule
191
or:
o completing the Professional Training Option for Content Majors;
192
o completing requirements for practical experience in teaching;
193
o completing an approved professional education competence demonstration program;
194
and
o achieving a passing score on the Professional Education Test.
195
Providing documentation of a valid professional standard teaching certificate issued by another
U.S. state or by the NBPTS.
196
Providing documentation of a valid professional standard teaching certificate issued by ABCTE
and completing an approved professional education competence demonstration program.
197
Completing two semesters of successful part-time or full-time teaching in a FCS institution, state
university, or private college or university that awards an associate or higher degree and is an
accredited institution or an institution identified by the DOE as having a quality program and
achievement of a passing score on the professional education competency examination.
198
186
Section 1012.56(6)
187
Section 1012.56(6)(a) and (b), F.S.; see s. 1004.04, F.S.; r. 6A-4.003(1) and (4), F.A.C. (accreditation of teacher education
programs). The Professional Education Test is part of the Florida Teacher Certification Examinations. Rule 6A-4.0021(8), F.A.C.
188
Section 1012.56(7)(a)3., F.S.
189
Section 1012.56(6)(g)-(h), F.S.; see ss. 1004.85 and 1012.56(8), F.S.
190
Section 1012.56(7)(a)2., F.S.
191
Section 1012.56(6)(f), F.S.; r. 6A-4.006(2)(a), F.A.C. Separate professional preparation course requirements are established for
certification in Agriculture (grades 6-12). Rule 6A-4.054, F.A.C.
192
The Professional Training Option for Content Majors authorizes an approved teacher preparation program at a postsecondary
institution in Florida to allow students who do not major in education but do major or minor in a content area (e.g., English major) to
satisfy professional preparation course requirements. Rule 6A-5.066(10), F.A.C.
193
DOE, Professional Preparation and Education Competence, http://www.fldoe.org/teaching/certification/general-cert-
requirements/professional-preparation-edu-competenc.stml (last visited Mar. 20, 2024); see rr. 6A-4.002(5) and 6A-4.006(2)(b),
F.A.C.
194
Section 1012.56(6)(f), F.S. Each school district must and a private school or state-supported public school, including a charter
school, may establish a professional education competence demonstration program that allows instructional staff to demonstrate
mastery of professional preparation and education competence as required by law. See s. 1012.56(9), F.S.
195
Section 1012.56(6)(f), F.S.
196
Section 1012.56(6)(c)-(d), F.S.; see r. 6A-4.002(1)(i)-(j), F.A.C.
197
Section 1012.56(6)(d), F.S.; r. 6A-4.002(1)(j), F.A.C.; DOE, Professional Preparation and Education Competence,
http://www.fldoe.org/teaching/certification/general-cert-requirements/professional-preparation-edu-competenc.stml (last visited Mar.
20, 2024)
198
Section 1012.56(6)(e), F.S. A non-accredited institution of higher learning is approved as having a quality program if the institution
meets one of the following criteria: is accepted for certification purposes by the state department of education where the institution is
STORAGE NAME: PAGE: 25
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Effect of the Bill
The bill requires the SBE to adopt rules to allow for the issuance of a classical education teaching
certificate. Upon the request of a classical school, the DOE will issue a classical education teaching
certificate to any applicant who fulfills the requirements for a professional certificate except for
demonstrating mastery of general knowledge, subject area knowledge, and professional preparation
and education competence. Teachers who teach in classical learning models will demonstrate
competency through the classical model of professional learning provided by the school and any other
criteria established by the DOE. This certificate is only valid at a classical school.
The bill defines a "classical school" as a school that implements and provides professional learning in a
classical education school model that emphasizes the development of students in the principles of
moral character and civic virtue through a well-rounded education in the liberal arts and sciences that is
based on the classical trivium stages of grammar, logic, and rhetoric.
Education Practices Commission
Present Situation
The DOE’s Office of Professional Practices Services (PPS) investigates misconduct by educators who
hold a Florida Educator Certificate or a valid application for a Florida Educator Certificate. The PPS
investigates when there are ultimate facts to support the educator has broken the law or violated the
Principles of Professional Conduct.
199
These laws and rules outline the standards of conduct expected
of certified educators in Florida.
200
Penalties against an educator’s certificate are not issued by the commissioner or the DOE; penalties
are issued by the Education Practices Commission (commission). The commission is a quasi-judicial
body of peers, law enforcement, and lay persons set forth in statute
201
that determines what penalty is
issued in each case.
202
Currently, the commission must employ an executive director by a vote of three-fourths of the
membership who is exempt from career service and may be dismissed by a majority vote of the
membership. The commission is assigned to the DOE for administrative purposes and, in the
performance of its powers and duties, must not be subject to control, supervision, or direction by the
DOE.
203
The commission has the authority to make expenditures necessary to carry out its duties and
responsibilities, including for personal services, general counsel or access to counsel, and rent at the
seat of government and elsewhere; for books of reference, periodicals, furniture, equipment, and
supplies; and for printing and binding. The expenditures of the commission are subject to the powers
and duties of the Department of Financial Services.
204
located; holds a certificate of exemption pursuant to s. 1005.06, F.S.; is a newly created Florida public college or university that offers
a bachelor’s or higher degree program; is located outside the U.S. and awards a degree that is the equivalent to a bachelor’s or higher
degree awarded by an accredited or approved institution in the U.S.; or the degree from the institution was accepted by an accredited
or approved institution either in transfer or as a basis for admission into the graduate program which resulted in the conferral of a
higher degree. Rule 6A-4.003(2), F.A.C.
199
Rule 6A-10.081, F.A.C. contains the Principles of Professional Conduct for the Education Profession in Florida.
200
DOE, Role of Professional Practices Services, https://www.fldoe.org/teaching/professional-practices/role-of-professional-
practices-service.stml (lasted visited Mar. 20, 2024).
201
Section 1012.79, F.S.
202
DOE, Role of Professional Practices Services, https://www.fldoe.org/teaching/professional-practices/role-of-professional-
practices-service.stml (lasted visited Mar. 20, 2024).
203
Section 1012.79(5)-(6)(a), F.S.
204
Sections 17.03 and 1012.79(9), F.S.
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Effect of the Bill
The bill authorizes the Commissioner of Education, at his or her discretion, to appoint and remove the
executive director for the commission. The bill requires the commission to be assigned to the DOE for
fiscal accountability purposes and provides that the commission may make expenditures on legal
services when necessary.
Office of Ocean Economy
Present Situation
The Blue Economy
The blue economy, or the ocean economy, is a term used to describe the economic activities
associated with the oceans and seas. Defined as the “sustainable use of ocean resources to benefit
economies, livelihoods and ocean ecosystem health,” the activities of a blue economy typically include
maritime shipping, fishing and aquaculture, coastal tourism, renewable energy, water desalination,
undersea cabling, seabed extractive industries and deep sea mining, marine genetic resources, and
biotechnology.
205
Globally, the blue economy is estimated to be worth over $1.5 trillion per year, provides over 30 million
jobs and supplies certain foods to over three billion people. It is predicted that the ocean economy may
double to $3 trillion by 2030.
206
The U.S. marine economy, including goods and services, contributed approximately $373 billion to the
nation’s gross domestic product in 2018 and grew faster than the nation’s economy as a whole,
according to statistics released by the U.S. Department of Commerce.
207
The sectors making the
largest contributions to the nation’s gross domestic product, include:
208
Tourism and recreation, including recreational fishing ($143 billion).
National defense and public administration ($124 billion).
Offshore minerals ($49 billion).
Transportation and warehousing ($25 billion).
Living resources, including commercial fishing and aquaculture ($13 billion).
Ship and boat building ($9 billion).
Power generation ($4 billion).
Research and education ($3 billion).
Construction ($2.5 billion).
Professional and technical services ($31 million).
Strategic Plan for Florida’s Oceans and Coasts
205
The London School of Economics and Political Science, What is the blue economy?
https://www.lse.ac.uk/granthaminstitute/explainers/what-is-the-role-of-the-blue-economy-in-a-sustainable-future/ (last visited Mar.
20, 2024).
206
Id.
207
National Oceanic and Atmospheric Administration, Marine economy in 2018 grew faster than U.S. overall (June 2, 2020),
https://www.noaa.gov/media-release/marine-economy-in-2018-grew-faster-than-us-overall (last visited Mar. 20, 2024).
208
Id.
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Recently, the Florida legislature awarded a grant to the Florida Ocean Alliance
209
to create the strategic
policy plan for Florida’s oceans and coasts (plan).
210
According to the plan, Florida has 8,436 miles of
coastline, the second longest coastline among US states and territories, which contain essential,
valuable, and iconic natural resources and human-built infrastructure. In 2018, Florida’s coastal
counties generated more than $797 billion of economic value, or 77 percent of the state’s more than $1
trillion economy at the time. Direct and indirect use of ocean and coastal resources contributed to $73.9
billion to the state’s economy, and more than one million jobs in Florida were directly and indirectly
created by activities that used ocean and coastal resources.
211
In order to support Florida’s coastal natural resources and infrastructure, and mitigate related threats,
the plan outlines the following strategies and actions:
212
Blue Economy: Developing and expanding the resources that support a major portion of
Florida's economy.
Ocean and coastal resilience: Ensuring the elements of Florida's Blue Economy are more
resilient to the effects of local and global threats.
Human and natural infrastructure: Improving the water, wastewater, stormwater, power
infrastructure, and natural habitats that support Florida’s diverse and valuable living resources.
Implementation, outreach, and financing: Building and sustaining broad support and
partnerships for executing the Plan with accountability and transparency.
According to the strategic plan, a top priority is to create a statewide, public-private partnership under
the Executive Office of the Governor, similar to Space Florida, CareerSource Florida, and other
executive-level state partnerships in order to provide a connected leadership that is critical to the
implementation of the plan.
213
State University System of Florida
The State University System (SUS) is composed of 12 public universities.
214
The purpose of the SUS is
to achieve academic excellence through teaching students, advancing research, and providing public
service for the benefit of Florida’s citizens and their communities and economies.
215
The Board of
Governors (BOG) is responsible to operate, regulate, control, and be fully responsible for the
management of the whole SUS.
216
Effect of the Bill
The bill creates the Office of Ocean Economy within the SUS to be housed at Florida Atlantic
University. The office is created to connect the state’s ocean and coastal resources to economic
development strategies that grow, enhance, or contribute to the ocean economy.
The bill defines “ocean economy” as the economic uses of ocean and coastal resources with a focus on
sustainable practices that benefit the long-term outlook of relevant industry sectors and the competitive
209
The Florida Ocean Alliance is a nonpartisan organization dedicated to bringing together the private sector, academia, and nonprofit
research organizations in Florida to protect and enhance Florida’s coastal and ocean resources for continued social and economic
benefits. Florida Ocean Alliance, https://www.floridaoceanalliance.org/ (last visited Mar. 20, 2024).
210
Florida Ocean Alliance, Securing Florida’s Blue Economy: A Strategic Plan for Florida’s Oceans and Coasts, Executive Summary
(2020), available at
https://static1.squarespace.com/static/614dece04ec1fe659b8317d5/t/616376221a6d513c75428a1a/1633908258963/2020+Securing+fl
oridas+blue+economy.pdf.
211
Id.
212
Id.
213
Id.
214
State University System of Florida, Chancellor, https://www.flbog.edu/about-us/office-of-the-chancellor/chancellor/ (last visited
Mar. 20, 2024).
215
Art. IX, s. 7(a), Fla. Const.
216
Art. IX, s. 7(d), Fla. Const.
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positioning of the state in a global economy, including, but not limited to, ocean industries, such as
shipyards, marinas, marine terminals, piers, fishing, aquaculture, seafood processing, commercial
diving, and marine transportation; floating and amphibious housing; tourism; and outdoor recreational
activities, including, but not limited to, boating and industry sectors dependent on such activities.
The bill requires the Office of Ocean Economy to:
Develop and undertake activities and strategies with a focus on research and development,
technological innovation, emerging industries, strategic business recruitment, public and private
funding opportunities, and workforce training and education to promote and stimulate the ocean
economy.
Foster relationships and coordinate with state universities, private universities, and FCS
institutions, including periodically surveying the development of academic research relating to
the ocean economy across all disciplines and facilitating the transfer of innovative technology
into marketable goods and services. The office shall encourage collaboration between state
universities and FCS institutions that have overlapping areas of academic research.
Include and update on the office's website information related to an inventory of current
research and current collaborations, including contact information and any available resources
for research and technology development, including financial opportunities.
Collaborate with relevant industries to identify economic challenges that may be solved through
innovation in the ocean economy, including commercializing or otherwise facilitating public
access to academic research and resources, removing governmental barriers, and maximizing
access to financial or other opportunities for growth and development.
Develop and facilitate a pipeline for innovative ideas and strategies to be created, developed,
researched, commercialized, and financed. This includes promotion and coordination of industry
collaboration, academic research, accelerator programs, training and technical assistance, and
startup or second-stage funding opportunities.
Maintain and update on the office's website reports and data on the number, growth, and
average wages of jobs included in the ocean economy; the impacts on the number, growth, and
development of businesses in the ocean economy; and the collaboration, transition, or adoption
of innovation and research into new, viable ideas employed in the ocean economy.
Educate other state and local entities on the interests of the ocean economy and how such
entities may positively address environmental issues while simultaneously considering the
economic impact of their policies.
Communicate the state's role as an integral component of the ocean economy by promoting the
state on national and international platforms and other appropriate forums as the premier
destination for convening on pertinent subject matters.
By August 1, 2025, and each August 1 thereafter, the bill requires the office to provide a detailed report
demonstrating the economic benefits of the office and the development of emerging ocean economy
industries to the BOG, the Governor, the President of the Senate, and the Speaker of the House of
Representatives and post it on its website.
Florida College System and State University System Boards of Trustees
Present Situation
Florida College System Board of Trustees
Members of a FCS institution’s board of trustees are appointed by the Governor to staggered 4-year
terms and subject to confirmation by the Senate.
217
The number of members on the board of trustees
for a FCS institution is based on the following:
An FCS institution has five board members when a FCS institution district is confined to one
school board district.
217
Section 1001.61, (3), F.S.
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An FCS institution may not have more than nine members when the district contains two or
more school board districts, as provided by rules of the SBE.
218
An FCS institution may have seven members when a FCS institution district is confined to one
school board district and the board of trustees so elects.
219
Members of the board of trustees for a FCS institution receive no compensation but can be reimbursed
for travel and per diem expenses.
220
State University System Board of Trustees
Each university in the SUS is administered by a board of trustees, who serve staggered 5-year terms,
comprised of 13 members as follows:
Six citizen members appointed by the Governor subject to confirmation by the Senate.
Five citizen members appointed by the Board of Governors subject to confirmation by the
Senate.
The chair of the faculty senate or the equivalent.
The president of the student body of the university.
221
Members of the board of trustees for a university in the state university system receive no
compensation but can be reimbursed for travel and per diem expenses.
222
Standards of Conduct for Public Officers
A public officer acting in his or her official capacity may not either directly or indirectly purchase, rent, or
lease any realty, goods, or services for his or her own agency from any business entity of which the
officer or employee or the officer’s or employee’s spouse or child is an officer, partner, director, or
proprietor or in which such officer or employee or the officer’s or employee’s spouse or child, or any
combination of them, has a material interest. Nor may a public officer or employee, acting in a private
capacity, rent, lease, or sell any realty, goods, or services to the officer’s or employee’s own agency, if
he or she is a state officer or employee, or to any political subdivision or any agency thereof, if he or
she is serving as an officer or employee of that political subdivision.
223
Effect of the Bill
The bill specifies that a member of a FCS or SUS institution board of trustees is subject to the
Standards of Conduct for Public Officers described in s. 112.313, F.S. with respect to business dealings
with the institution, including any entity under the control of or established for the benefit of the
institution under his or her purview while he or she is serving as a member of that institution’s board of
trustees.
Working Students
Present Situation
Nationally, about 74 percent of part-time undergraduate students and 40 percent of full-time students in
the United States were employed in 2020, according to the most recent data from the National Center
218
Rule 6A-14.024, F.A.C. was repealed in 2019.
219
Section 1001.61(1), F.S. Florida State College at Jacksonville is required to have an odd number of trustees, and St. Johns River
State College is required to have seven trustees from the three-county area that the college serves.
220
Section 1001.61(3), F.S.
221
Section 1001.71(1), F.S.
222
Section 1001.71(2), F.S.
223
Section 112.313(3), F.S.
STORAGE NAME: PAGE: 30
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for Education Statistics.
224
Being employed can help a student pay for classes and other living
expenses; it can also be associated, either positively or negatively, with a student’s academic
performance.
225
Overall, the percentages of undergraduates who worked at least 20 hours per week were higher for
part-time students than for full-time students. Specifically, 40 percent of part-time students worked 35 or
more hours, compared with 10 percent of full-time students. Additionally, 26 percent of part-time
students worked 20 to 34 hours per week, compared with 15 percent of full-time students. In contrast,
the percentages of undergraduates who worked less than 20 hours per week were higher for full-time
students than for part-time students. Three percent of full-time undergraduates were employed less
than 10 hours per week, and 9 percent were employed 10 to 19 hours per week. In comparison, 1
percent
of part-time students were employed less than 10 hours per week and 6 percent were
employed 10 to 19 hours per week.
226
In Florida, some public postsecondary programs place implicit or explicit restrictions on student
employment. For example, the Florida State University College of Law recommends that a full-time
student not work more than 20 hours per week in any semester the student is enrolled in more than 12
class hours.
227
At Valencia College, prospective nursing students are advised that if they choose to
work while in the program, a maximum of 15 hours of work per week is recommended due to the
demands of the program.
228
Foreign Country of Concern
Under Florida statute, a “foreign country of concern” means the People’s Republic of China, the
Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the
Republic of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian Arab Republic, including
any agency of or any other entity under significant control of such foreign country of concern.
229
Effect of the Bill
The bill provides that a public postsecondary institution may not prohibit applicants or currently enrolled
students from being employed, either full time or part time, as a condition of admission to or enrollment
in any of the institution’s schools, colleges, or programs.
The prohibition on employment does not apply if the applicant or currently enrolled student is employed
by an organization or agency that is affiliated or associated with a foreign country of concern.
Residency Status for Tuition Purposes
Present Situation
Current law requires students to be classified as residents or nonresidents for the purpose of assessing
tuition in postsecondary educational programs offered by charter technical career centers, career
224
National Center for Education Statistics, College Student Employment, https://nces.ed.gov/programs/coe/indicator/ssa/college-
student-employment#:~:text=Many%20undergraduate%20students%20ages%2016,time%20students%20(40%20percent (last visited
Mar. 20, 2024).
225
Id.
226
Id.
227
See Florida State University College of Law, Employment Policy for Full-time Students, https://law.fsu.edu/careers/employer-
info/employment-policy-full-time-students (last visited Mar. 20, 2024).
228
See Valencia College- Nursing Program, Frequently Asked Questions, https://valenciacollege.edu/academics/programs/health-
sciences/nursing/frequently-asked-questions.php (last visited Mar. 20, 2024).
229
Section 288.860(1)(a), F.S.
STORAGE NAME: PAGE: 31
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centers operated by school districts, FCS institutions, and state universities. Students pay differing
tuition rates based on their status as a resident or nonresident of Florida.
230
Applicants to a postsecondary institution must meet certain qualifying standards in order to be classified
as a resident of Florida for tuition purposes. The applicant, or in the case of a dependent child, his or
her parents,
231
must establish legal residence in Florida and must have maintained legal residence for
at least 12 consecutive months immediately prior to the applicant’s enrollment in a postsecondary
institution.
232
Each applicant must provide to the institution a statement of length of residence and establish that his
or her presence in the state is for the purpose of maintaining a bona fide domicile and not as a
temporary residence or residence incident to enrollment.
233
Each institution of higher education must determine that an applicant granted admission as a Florida
resident meets the residency requirements at the time of initial enrollment. The residency determination
must be documented by the submission of written or electronic verification that includes two or more of
the specified documents, with no single piece of evidence considered conclusive.
234
The documents must include at least one of the following:
235
A Florida voter’s registration card.
A Florida driver license.
A State of Florida identification card.
A Florida vehicle registration.
Proof of a permanent home in Florida which is occupied as a primary residence by the individual
or by the individual’s parent if the individual is a dependent child.
Proof of a homestead exemption in Florida.
Transcripts from a Florida high school for multiple years if the Florida high school diploma or
high school equivalency diploma was earned within the last 12 months.
Proof of permanent full-time employment in Florida for at least 30 hours per week for a 12-
month period.
The documents may include one or more of the following:
236
A declaration of domicile in Florida.
A Florida professional or occupational license.
Florida incorporation.
A document evidencing family ties in Florida.
Proof of membership in a Florida-based charitable or professional organization.
Any other documentation that supports the student’s request for resident status, including, but
not limited to, utility bills and proof of 12 consecutive months of payments; a lease agreement
and proof of 12 consecutive months of payments; or an official state, federal, or court document
evidencing legal ties to Florida.
230
Sections 1009.22, 1009.23, and 1009.24, F.S. Out-of-state tuition is established by each university board of trustees, subject to the
approval of the BOG. Section 1009.24(4)(c), F.S.
231
Section 1009.21(1)(f), F.S. The term “parent” is defined to mean “either or both parents of a student, any guardian of a student, or
any person in a parental relationship to a student.” The legal residence of a dependent child’s parents is prima facie evidence of the
dependent child’s residence. Section 1009.21(4), F.S.
232
Section 1009.21(2)(a)1., F.S. A legal resident, for purposes of tuition, is a person who has maintained his or her residence in
Florida for the preceding year, has purchased a home which is occupied by him or her as his or her residence, or has established a
domicile in Florida pursuant to s. 222.17, F.S. Section 1009.21(1)(d), F.S.
233
Section 1009.21(2)(a)2., F.S.
234
Section 1009.21(3)(c), F.S.
235
Section 1009.21(3)(c)1.a.-h., F.S.
236
Section 1009.21(3)(c)2.a.-f., F.S.
STORAGE NAME: PAGE: 32
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Effect of the Bill
The bill authorizes proof of a homestead exemption in Florida to serve as a single, conclusive piece of
evidence for a student to establish residency for tuition purposes.
Stanley G. Tate Florida Prepaid College Program
Present Situation
Background
The Stanley G. Tate Florida Prepaid College Program (Prepaid Program) was created to assist families
to prepay the future cost of college tuition through advance payment contracts (Prepaid Plans).
237
At
the time of purchase, Prepaid Plans guarantee the future payment of certain costs associated with
attendance at a postsecondary institution.
238
Additionally, the benefits, in some cases, can be utilized at
in-state private institutions and at out-of-state public and private colleges and universities that are able
to accept Title IV funding (i.e., federal student aid).
239
The administration of the prepaid program is overseen by the Florida Prepaid College Board (board).
240
In its role as the administrator of the trust fund, the board is responsible for managing it in a financially
sound manner, ensuring stability based on actuarial principles.
241
Over the past 30 years, the board has
managed the largest and most successful prepaid program among similar initiatives enabling more than
561,000 students to attend college using the prepaid plans.
242
The Florida Prepaid Program
Families can choose from several plans allowing them to prepay the cost of college tuition, the tuition
differential fee, registration fees, and local fees at a price that is less than the expected future cost.
These plans include:
243
4-Year Florida University Plan
2 + 2 Florida Plan
4-Year Florida College Plan
2-Year Florida College Plan
1-Year Florida University Plan
Fees Associated with Postsecondary Institutions
The costs associated with attending a postsecondary institution encompass tuition and various fees
designed to contribute to the overall operational expenses of the institution.
244
One such fee, known as
the tuition differential fee, is charged by 11 of the 12 state universities. The tuition differential fee is
237
Section 1009.98(1)-(2), F.S.
238
Id.
239
Section 1009.98(3), F.S.
240
Section 1009.971(1), F.S.
241
Section 1009.971(4)(f), F.S.
242
Florida Prepaid, Our History, https://www.myfloridaprepaid.com/about-us/our-history/ (last visited Mar. 20, 2024).
243
Florida Prepaid, Plans and Pricing, https://www.myfloridaprepaid.com/prepaid-plans/plans-and-pricing/ (last visited Mar. 20,
2024); see also r. 19B-4.001, F.A.C.; Florida Prepaid College Board, Final Master Contract, at s. 4.02-4.07 (2021) available at
https://www.flrules.org/gateway/reference.asp?No=Ref-13896.
244
Florida Prepaid, All About Florida College and State University Fees, https://www.myfloridaprepaid.com/existing-
customers/tuition-and-fees/ (last visited Mar. 12, 2024).
STORAGE NAME: PAGE: 33
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intended to promote improvements in the quality of undergraduate education and provide financial aid
to undergraduate students who exhibit financial need.
245
By statute, for the 2012-2013 fiscal year, the base rate for the tuition differential fee was established at
$37.03 per credit hour.
246
In subsequent years, the statute requires this base rate to be adjusted based
on the amount assessed for the tuition differential in the preceding year. The adjustments are as
follows:
247
If the actuarial reserve
248
is less than 5 percent of the expected liabilities of the trust fund, the
board pays the state universities 5.5 percent above the base rate for the tuition differential fee in
the preceding fiscal year.
If the actuarial reserve is between 5 percent and 6 percent of the expected liabilities of the trust
fund, the board pays the state universities 6 percent above the base rate for the tuition
differential fee in the preceding fiscal year.
If the actuarial reserve is between 6 percent and 7.5 percent of the expected liabilities of the
trust fund, the board pays the state universities 6.5 percent above the base rate for the tuition
differential fee in the preceding fiscal year.
If the actuarial reserve is equal to or greater than 7.5 percent of the expected liabilities of the
trust fund, the board pays the state universities 7 percent above the base rate for the tuition
differential fee in the preceding fiscal year.
Qualified beneficiaries of Prepaid Plans purchased before July 1, 2007, are exempt from paying any
tuition differential fee.
249
Effective with the 2009-2010 academic year and thereafter, in addition to the differential fees, other
fees are paid by the board to any state university on behalf of a qualified beneficiary of the Prepaid
Plan, whose contract was purchased before July 1, 2024. Among these fees are:
Registration Fee:
250
o If the actuarial reserve is less than 5 percent of the expected liabilities of the trust fund, the
board will pay the state universities 5.5 percent above the amount assessed for registration
fees in the preceding fiscal year.
o If the actuarial reserve is between 5 percent and 6 percent of the expected liabilities of the
trust fund, the board shall pay the state universities 6 percent above the amount assessed
for registration fees in the preceding fiscal year.
o If the actuarial reserve is between 6 percent and 7.5 percent of the expected liabilities of the
trust fund, the board shall pay the state universities 6.5 percent above the amount assessed
for registration fees in the preceding fiscal year.
o If the actuarial reserve is equal to or greater than 7.5 percent of the expected liabilities of the
trust fund, the board shall pay the state universities 7 percent above the amount assessed
for registration fees in the preceding fiscal year, whichever is greater.
Local Fees: The board is required to pay the state universities 5 percent above the amount
assessed for local fees in the preceding fiscal year.
251
Regardless of the specific amount assessed for registration fees, tuition differential, local fees, or
dormitory fees, the board’s payment to a state university on behalf of a qualified beneficiary, covered by
a Prepaid Plan purchased before July 1, 2024, cannot exceed 100 percent of the total fees charged by
245
Section 1009.24(16), F.S.; see also Final Master Contract, at s. 1.39 and State University System of Florida, Tuition and Required
Fees (2023-2024), available at https://www.flbog.edu/wp-content/uploads/2023/07/2023-2024-SUS-Tuition-and-Fees-Report-PDF-
1.pdf.
246
Section 1009.98(10)(b), F.S.
247
Section 1009.98(10)(b)2., F.S.
248
Section 1009.98(10)(a)1., F.S. “Actuarial reserve” means the amount by which the expected value of the assets exceeds the
expected value of the liabilities of the trust fund.
249
Section 1009.98(10)(b)5., F.S.
250
Section 1009.98(10)(b)1., F.S.
251
Section 1009.98(10)(b)3., F.S.
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DATE:
the state university.
252
The board will pay state universities the actual amount assessed for the
registration fees, the tuition differential, local fees and dormitory fees for Prepaid Plans purchased on or
before July 1, 2024.
253
Regardless of credit hours used for fee assessment, the board's payment for Prepaid Plans purchased
before July 1, 2024, cannot exceed the actual number of credit hours taken by the qualified beneficiary
at the state university.
254
Effect of the Bill
The bill transitions the effective period for the amount paid by the Florida Prepaid College Board to
state universities on behalf of qualified beneficiaries of advance payment contracts within the Prepaid
Florida Program from 2009-2010 to 2022-2023. Additionally, it extends the applicability of the contracts
to those purchased before July 1, 2034.
The bill clarifies that the base rate is the amount assessed.
The bill also removes obsolete language in regards to the differential fee amount paid for the 2012-
2013 fiscal year.
Florida College System Tuition for Out-of-State Students
Present Situation
The standard tuition rate for FCS institutions is currently set in statute at $71.98 per credit hour for
advanced and professional, postsecondary vocational, developmental education, and educator
preparation institute programs and the out-of-state fee is $215.94 per credit hour.
255
For baccalaureate degree programs, tuition is set at $91.79 per credit hour for students who are
considered residents for tuition purposes.
256
The per credit hour for students who are considered non-
residents for tuition purposes cannot exceed more than 85 percent of the sum of the tuition and out-of-
state fee at the state university nearest the FCS institution.
257
For the 2022-2023 academic year, the
average annual cost for the academic year for students taking 30 credit hours was $3,206.
258
The board of trustees at each FCS institution is authorized to establish a separate fee for capital
improvements, technology enhancements, equipping student buildings, or the acquisition of improved
real property which may not exceed 20 percent of the tuition for resident students or 20 percent of the
sum of tuition and out-of-state fees for nonresident students.
259
In the 2022-2023 FCS academic year, 430,985 students were considered a resident for tuition
purposes and 44,041 students were considered a nonresident for tuition purposes.
260
Effect of the Bill
252
Section 1009.98(10)(c) and (d), F.S.
253
Section 1009.98(10)(f), F.S.
254
Section 1009.98(10)(e), F.S.
255
Section 1009.23(3)(a), F.S.
256
Section 1009.23(3)(b)1., F.S.
257
Section 1009.23(3)(b)2., F.S.
258
DOE, Division of Florida Colleges, College and Textbook Affordability Report, at 2-3 (2023), available at
https://www.fldoe.org/core/fileparse.php/5659/urlt/CollegeTextAfford.pdf.
259
Section 1009.23(11)(a), F.S.
260
DOE, Division of Florida Colleges, FCS Resident and Nonresident Enrollment Report 2022-2023,
https://www.fldoe.org/schools/higher-ed/fl-college-system/about-us/policy-data.stml (last visited Mar. 20, 2024).
STORAGE NAME: PAGE: 35
DATE:
The bill provides that beginning with the 2024-2025 academic year, Miami Dade College, Polk State
College, and Tallahassee Community College are authorized to charge an amount not to exceed $290
per credit hour for nonresident tuition and fees for distance learning. The bill also allows such FCS
institutions to phase in the nonresident tuition rate by degree program.
Florida College System Transfer Degrees
Present Situation
Overview
Florida’s 28 state and community colleges offer a wide range of academic opportunities for students
throughout the state. At FCS institutions, students are able to complete degree programs including
Bachelor of Science and Bachelor of Applied Science, Associate in Arts (AA), Associate in Science
(AS), Associate in Applied Science (AAS), and career and technical certificate programs.
261
Associate in Arts Degree
The AA degree is designed for students who plan to transfer from a FCS institution to a baccalaureate
degree program, either at a FCS or a SUS institution.
262
The AA degree requirements consist of 60 total
credit hours and include 36 credit hours of general education and 24 credit hours of electives.
263
Students should choose elective courses required for admission to their intended program of study or
major at the desired college or university. The Common Prerequisites Manual
264
is a catalog of lower-
level courses that are prerequisites for entrance into baccalaureate programs offered by FCS and SUS
institutions. Students are encouraged to discuss their intended program of study with an academic
advisor at their college to ensure they are meeting all requirements to transfer upon completing their AA
degree.
265
A baccalaureate degree must be no more than 120 semester hours of college credit, unless prior
approval has been granted by the BOG or the SBE, as applicable, and include 36 semester hours of
general education coursework.
266
General Education Core Courses
Students entering a FCS or SUS institution are required to complete at least one identified general
education core course in each of the subject areas of communication, mathematics, social sciences,
humanities, and natural sciences. All public postsecondary educational institutions are required to
accept these courses as meeting general education core course requirements.
267
General education core course options consist of a maximum of five courses in each identified subject
area, but may exceed that limit with the approval of the SBE or the BOG. The general education core
courses are established in SBE rule
268
and BOG regulation.
269
Transfer of General Education Courses
261
DOE, Florida College System (FCS), Academics, https://www.fldoe.org/schools/higher-ed/fl-college-system/academics/ (last
visited Mar. 20, 2024).
262
Id.
263
Section 1007.25(9), F.S.
264
Florida Shines, Common Prerequisites Manual, https://cpm.flvc.org/advance-search (last visited Mar. 20, 2024).
265
DOE, FCS, Academics, https://www.fldoe.org/schools/higher-ed/fl-college-system/academics/ (last visited Mar. 20, 2024).
266
Section 1007.25(10), F.S. and Board of Governors (BOG) Regulation 6.017
267
Section 1007.25, F.S. Beginning with the 2022-2023 academic year, the general education core course requirement is extended to
students in an Associate in Applied Science (AAS) and Associate in Science (AS) degree program.
268
Rule 6A-14.0303, F.A.C.
269
BOG Regulation 8.005.
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Each public postsecondary institution must accept transfer general education core courses taken at
another institution. After completing the general education core course requirements, the remaining
courses and credits that fulfill the total 36-hour general education requirement for an AA or
baccalaureate degree are at the discretion of the FCS or SUS institution.
270
General education programs in Florida, while consistent with the general education core requirements
and the total of 36 hours for completion, vary in the selection of institutionally-required courses.
Students who transfer with an AA or AS degree or who have completed their block of 36 general
education hours do not have to meet the receiving institution’s general education program
requirements. If a student does not complete the total 36-hour general education curriculum prior to
transfer, each course, outside of courses taken as general education courses, will be reviewed
individually to determine if it meets the general education requirements of the new institution.
271
Articulation Coordinating Committee
The commissioner, in consultation with the Chancellor of the SUS, establishes the Articulation
Coordinating Committee (ACC), whose primary role is to recommend statewide articulation policies.
272
Specifically, the ACC must monitor articulation between education systems, propose guidelines for
articulation agreements, publish lists of general education and common prerequisite courses, establish
dual enrollment course equivalencies to high school credit, and annually review the Statewide
Articulation Agreement.
273
The Office of K-20 Articulation within the DOE provides administrative
support to the ACC.
274
Statewide Articulation Agreements
Each state university board of trustees, FCS board of trustees, and district school board must plan and
adopt policies and procedures to provide articulated programs so that students can proceed toward
their educational objectives as rapidly as their circumstances permit.
275
Statewide articulation agreements help facilitate the seamless transition of students across and among
Florida’s educational entities. These agreements are intended to be a minimum guarantee of articulated
credit and do not preclude institutions from granting additional credit based on local agreements.
276
Effect of the Bill
The bill creates a new AA specialized transfer degree. The specialized transfer degree is designed for
FCS institution students who need supplemental lower-level coursework above the 60 credit hours of
the traditional AA degree in preparation for transfer to a baccalaureate degree program. An AA
specialized transfer degree must include 36 semester hours of general education coursework and
require 60 semester hours or more of college credit.
The bill requires the SBE to establish criteria for the review and approval of new specialized transfer
degrees. The approval process must require:
1. A FCS institution to submit a notice of its intent to propose a new AA specialized degree
program to the Division of Florida Colleges. The notice must include the recommended
270
Id. and r. 6A -14.0303(5), F.A.C.
271
DOE, Statewide Postsecondary Articulation Manual (Jan. 2021), at 15, available at
https://www.fldoe.org/core/fileparse.php/5421/urlt/Statewide-Articulation-Manual.pdf. See also r. 6A-10.024(2)(c), F.A.C.
272
Section 1007.01(3), F.S.
273
Section 1007.01(3)(a) and (b), F.S.
274
Section 1007.01(3), F.S.; s. 20.15(3)(h), F.S.
275
Rule 6A-10.024(1), F.A.C.
276
DOE, Statewide Postsecondary Articulation Manual (Jan. 2021), at 20-21, available at
https://www.fldoe.org/core/fileparse.php/5421/urlt/Statewide-Articulation-Manual.pdf. See also r. 6A-10.024(2)(c), F.A.C.
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credit hours, the rationale for the specialization, the demand for students entering the field,
and the coursework being proposed to be included beyond the 60 semester hours required
for the general transfer degree, if applicable. Notices of intent may be submitted by a FCS
institution at any time.
2. The Division of Florida Colleges to forward the notice of intent within 10 business days after
receipt to all FCS institutions and the Chancellor of the SUS, who must forward the notice to
all state universities. State universities and FCS institutions have 60 days after receipt of the
notice to submit comments to the proposed AA specialized transfer degree.
3. After the submission of comments, the requesting FCS institution to submit a proposal that,
at a minimum, includes:
a. Evidence that the coursework for the AA specialized transfer degree
includes demonstration of competency in a foreign language
277
and demonstration of
civic literacy competency.
278
b. Demonstration that all required coursework will count toward the AA degree or the
baccalaureate degree.
c. An analysis of demand and unmet need for students entering the specialized field of
study at the baccalaureate level.
d. Justification for the program length if it exceeds 60 credit hours, including references
to the Common Prerequisite Manual or other requirements for the baccalaureate
degree. This includes documentation of alignment between the exit requirements of
a FCS institution and the admissions requirements of a baccalaureate program at a
state university to which students would typically transfer.
e. Articulation agreements for graduates of the AA specialized transfer degree.
f. Responses to the comments received.
The Division of Florida Colleges must review the proposal and, within 30 days after receipt, provide
written notification to the FCS institution of any deficiencies and provide the institution with an
opportunity to correct the deficiencies. Within 45 days after receipt of a completed proposal by the
Division of Florida Colleges, the commissioner must recommend approval or disapproval of the new
specialized transfer degree to the SBE. The SBE must consider the recommendation at its next
meeting.
Upon approval of an AA specialized transfer degree by the SBE, a FCS institution may offer the degree
and must report data on student and program performance in a manner prescribed by the DOE.
The bill requires the SBE to adopt rules to prescribe format and content requirements and submission
procedures for notices of intent, proposals, and compliance reviews for the AA specialized transfer
degree.
Florida College System Institution Employment Equity Accountability Program
Present Situation
Each FCS institution must include in its annual equity update a plan for increasing the representation of
women and minorities in senior-level administrative positions and in full-time faculty positions, and for
increasing the representation of women and minorities who have attained continuing-contract status.
279
The plan must include specific measurable goals and objectives, specific strategies and timelines for
accomplishing these goals and objectives, and comparable national standards as provided by the
DOE.
280
FCS institution presidents and the heads of each major administrative division must be
277
Section 1007.262, F.S.
278
Section 1007.25(5), F.S.
279
Section 1012.86(1), F.S.
280
Id.
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evaluated annually on the progress made toward meeting the goals and objectives of the FCS
institution’s employment accountability plan.
281
On or before May 1 of each year, each FCS institution president must submit an annual employment
accountability plan to the commissioner and the SBE.
282
The SBE must submit an annual equity
progress report to the President of the Senate and the Speaker of the House of Representatives on or
before January 1 of each year.
283
No law requires such a report of Florida’s public K-12 institutions or SUS institutions and it conflicts with
the current requirements of the Florida Educational Equity Act.
284
Effect of the Bill
The bill repeals the FCS Institution Employment Equity Accountability Program.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill appropriates $250,000 in nonrecurring funds to the Department of Education to provide a $50
bonus to compensate International Baccalaureate (IB) teachers for each student they teach who
received a score of “C” or higher on an IB Theory of Knowledge subject examination. If the total amount
of the bonuses is greater than the funds provided in the appropriation, each teacher’s amount is
prorated based on the number of students who earned qualifying scores in each school district.
281
Section 1012.86(3), F.S.
282
Section 1012.86(2), F.S.
283
Section 1012.86(4), F.S.
284
DOE, Recommendations to Reduce Regulation in Public Schools (2023), at 22, available at
https://www.flsenate.gov/Committees/Show/ED/MeetingPacket/5953/10483_MeetingPacket_5953_2.pdf. See also s. 1000.05, F.S.
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The bill will have an indeterminate fiscal impact on the expenditures of the state university that houses
the Office of Ocean Economy (Florida Atlantic University) and the Board of Governors as it relates to
administration. While the cost is indeterminate, any costs associated with the bill can be absorbed
within existing resources.
There could be a negative fiscal impact to the Florida College System (FCS) institutions reducing out of
state tuition for distance learning due to the inability to charge the current out of state tuition and fee
rates for nonresident distance learners. The bill allows FCS institutions to phase in the nonresident
tuition rate by degree program.