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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to education; amending s. 200.065, 2
F.S.; requiring a district school board to advertise 3
its intent to adopt a tentative budget on a publicly 4
available website if the district school board does 5
not advertise such intent in a newspaper of gen eral 6
circulation; defining the term "publicly accessible 7
website"; requiring certain information relating to a 8
postponed hearing to be posted on a school district 9
website under certain circumstances; amending s. 10
316.173, F.S.; revising requirements for sig nage that 11
must be posted on certain school buses; amending s. 12
1001.372, F.S.; requiring public notices for district 13
school board meetings be posted on a publicly 14
accessible website; deleting a requirement for public 15
notices to be published in a newspaper; amending s. 16
1002.20, F.S.; deleting a requirement that an economic 17
security report of employment and earning outcomes be 18
provided to students; amending s. 1002.55, F.S.; 19
requiring newly hired prekindergarten instructors to 20
complete specified training withi n a certain 21
timeframe; deleting obsolete language; amending s. 22
1004.85, F.S.; requiring program participants of a 23
postsecondary educator preparation institute to meet 24
specified requirements before participating in field 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
experiences; amending s. 1004.88, F. S.; authorizing 26
the Florida Institute for Charter School Innovation to 27
develop a professional learning system; repealing s. 28
1006.025, F.S., relating to guidance services; 29
amending s. 1010.11, F.S.; providing that school 30
districts are exempt from certain re quirements 31
relating to electronic transfer of funds; amending s. 32
1011.03, F.S.; requiring a district school board to 33
publish its tentative budget on a publicly accessible 34
website; deleting a requirement for a district school 35
board to publish its tentative budget in a newspaper 36
or at a courthouse under certain circumstances; 37
amending s. 1012.05, F.S.; authorizing, rather than 38
requiring, district school boards to base certain 39
polices on guidelines from the Department of 40
Education; revising the frequency with which school 41
districts must submit certain information to the 42
department; amending s. 1012.07, F.S.; requiring the 43
State Board of Education to develop strategies to 44
address critical teacher shortages; amending s. 45
1012.22, F.S.; providing that collective ba rgaining 46
may not preclude a district school board from carrying 47
out specified duties; providing that if a 48
superintendent appears before the State Board of 49
Education for a specified purpose, the president of 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the school district bargaining unit also must app ear; 51
amending s. 1012.555, F.S.; revising requirements for 52
individuals to participate in the Teacher 53
Apprenticeship Program; amending s. 1012.575, F.S.; 54
providing that certain provisions relating to 55
alternative teacher preparation programs also apply to 56
the Florida Institute for Charter School Innovation; 57
repealing s. 1012.72, F.S., relating to the Dale 58
Hickam Excellent Teaching Program; repealing s. 59
1012.86, F.S., relating to the Florida College System 60
institution employment equity accountability program; 61
amending s. 1012.98, F.S.; providing that provisions 62
relating to the development of a professional learning 63
system apply to the Florida Institute for Charter 64
School Innovation; amending s. 1013.15, F.S.; 65
authorizing district school boards to rent or lease 66
specified plants and facilities and sites; providing 67
that the lease-purchase of certain plants and 68
facilities and sites are exempt from certain 69
requirements; amending s. 1013.16, F.S.; revising 70
minimum lease term requirements for land for certain 71
construction projects; amending s. 1013.20, F.S.; 72
deleting a district school board requirement to plan 73
for the use of relocatables; deleting a requirement 74
for the commissioner to provide a progress report to 75
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the Legislature; repealing s. 1013.21, F.S., relating 76
to reduction of relocatable facilities in use; 77
amending s. 1013.385, F.S.; deleting requirements for 78
a resolution relating to educational facilities 79
construction which may be adopted by district school 80
boards; providing that exceptions to requirements for 81
public shelter design criteria remain subject to 82
certain emergency management provisions; providing 83
that a school board may not be required to build more 84
emergency-shelter space than identified as needed; 85
amending s. 1013.48, F.S.; deleting a requirement that 86
school districts monitor and report the impact of 87
certain change orders; amending ss. 1001.64, 1001.65, 88
1003.621, 1011.6202, and 1013.35, F.S.; conforming 89
cross-references to changes made by the act; providing 90
an effective date. 91
92
Be It Enacted by the Legislature of the State of Florida: 93
94
Section 1. Paragraph (f) of subsection (2) of section 95
200.065, Florida Statutes, is amended to read: 96
200.065 Method of fixing millage. — 97
(2) No millage shall be levied until a resolution or 98
ordinance has been ap proved by the governing board of the taxing 99
authority which resolution or ordinance must be approved by the 100
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taxing authority according to the following procedure: 101
(f)1. Notwithstanding any provisions of paragraph (c) to 102
the contrary, each school district shall advertise its intent to 103
adopt a tentative budget on a publicly accessible website 104
pursuant to s. 50.0311 or in a newspaper of general circulation 105
pursuant to subsection (3) within 29 days after of certification 106
of value pursuant to subsection (1). For the purpose of this 107
paragraph, the term "publicly accessible website" includes a 108
district school board's official website if the school board 109
website satisfies the remaining requirements of s. 50.0311. Not 110
less than 2 days or more than 5 days thereafter , the district 111
shall hold a public hearing on the tentative budget pursuant to 112
the applicable provisions of paragraph (c). In the event of 113
postponement or recess due to a declared state of emergency, the 114
school district may postpone or recess the hearing f or up to 7 115
days and shall post a prominent notice at the place of the 116
original hearing showing the date, time, and place where the 117
hearing will be reconvened. The posted notice shall measure not 118
less than 8.5 by 11 inches. The school district shall make ev ery 119
reasonable effort to provide reasonable notification of the 120
continued hearing to the taxpayers. The information must also be 121
posted on the school district's website if the district school 122
board uses a different method of advertisement . 123
2. Notwithstanding any provisions of paragraph (b) to the 124
contrary, each school district shall advise the property 125
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appraiser of its recomputed proposed millage rate within 35 days 126
of certification of value pursuant to subsection (1). The 127
recomputed proposed millage rate of the school district shall be 128
considered its proposed millage rate for the purposes of 129
paragraph (b). 130
3. Notwithstanding any provisions of paragraph (d) to the 131
contrary, each school district shall hold a public hearing to 132
finalize the budget and adopt a millage rate within 80 days of 133
certification of value pursuant to subsection (1), but not 134
earlier than 65 days after certification. The hearing shall be 135
held in accordance with the applicable provisions of paragraph 136
(d), except that a newspaper advertis ement need not precede the 137
hearing. 138
Section 2. Paragraph (a) of subsection (2) of section 139
316.173, Florida Statutes, is amended to read: 140
316.173 School bus infraction detection systems. — 141
(2)(a) The school district must post high-visibility 142
reflective signage on the rear of each school bus in which a 143
school bus infraction detection system is installed and 144
operational which indicates the use of such system. The signage 145
must be in the form of one or more signs or stickers and must 146
contain the following elements in substantially the following 147
form: 148
1. The words "STOP WHEN RED LIGHTS FLASH" or "DO NOT PASS 149
WHEN RED LIGHTS FLASH." 150
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2. The words "CAMERA ENFORCED." 151
3. A graphic depiction of a camera. 152
Section 3. Paragraphs (b) and (c) of subsection (2) of 153
section 1001.372, Florida Statutes, are amended to read: 154
1001.372 District school board meetings. — 155
(2) PLACE OF MEETINGS. — 156
(b) Upon the giving of due public notice on a publicly 157
accessible website as provided in s. 50.0311 , regular or special 158
meetings of the district school board may be held at any 159
appropriate public place in the county . 160
(c) For purpose of this section, due public notice shall 161
consist of publication in a newspaper of general circulation in 162
the county or in each county where t here is no newspaper of 163
general circulation in the county an announcement over at least 164
one radio station whose signal is generally received in the 165
county, a reasonable number of times daily during the 48 hours 166
immediately preceding the date of such meetin g, or by posting a 167
notice at the courthouse door if no newspaper is published in 168
the county, at least 2 days after prior to the giving of notice 169
meeting. 170
Section 4. Subsection (24) of section 1002.20, Florida 171
Statutes, is amended to read: 172
1002.20 K-12 student and parent rights. —Parents of public 173
school students must receive accurate and timely information 174
regarding their child's academic progress and must be informed 175
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of ways they can help their child to succeed in school. K -12 176
students and their paren ts are afforded numerous statutory 177
rights including, but not limited to, the following: 178
(24) ECONOMIC SECURITY REPORT. —Beginning in the 2014 -2015 179
school year and annually thereafter, each middle school and high 180
school student or the student's parent prio r to registration 181
shall be provided a two -page summary of the Department of 182
Economic Opportunity's economic security report of employment 183
and earning outcomes prepared pursuant to s. 445.07 and 184
electronic access to the report. 185
Section 5. Paragraph (c) of subsection (3) of section 186
1002.55, Florida Statutes, is amended to read: 187
1002.55 School-year prekindergarten program delivered by 188
private prekindergarten providers. — 189
(3) To be eligible to deliver the prekindergarten program, 190
a private prekindergarte n provider must meet each of the 191
following requirements: 192
(c) The private prekindergarten provider must have, for 193
each prekindergarten class of 11 children or fewer, at least one 194
prekindergarten instructor who meets each of the following 195
requirements: 196
1. The prekindergarten instructor must hold, at a minimum, 197
one of the following credentials: 198
a. A child development associate credential issued by the 199
National Credentialing Program of the Council for Professional 200
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Recognition; or 201
b. A credential approve d by the Department of Children and 202
Families as being equivalent to or greater than the credential 203
described in sub-subparagraph a. 204
205
The Department of Children and Families may adopt rules under 206
ss. 120.536(1) and 120.54 which provide criteria and procedur es 207
for approving equivalent credentials under sub -subparagraph b. 208
2. The prekindergarten instructor must successfully 209
complete three emergent literacy training courses that include 210
developmentally appropriate and experiential learning practices 211
for children and a student performance standards training course 212
approved by the department as meeting or exceeding the minimum 213
standards adopted under s. 1002.59. A newly hired 214
prekindergarten instructor must complete the three emergent 215
literacy training courses w ithin 30 calendar days after being 216
hired if the instructor has not previously completed the 217
courses. The prekindergarten instructor must complete an 218
emergent literacy training course at least once every 5 years 219
after initially completing the three emergent literacy training 220
courses. The courses in this subparagraph must be recognized as 221
part of the informal early learning and career pathway 222
identified by the department under s. 1002.995(1)(b). The 223
requirement for completion of the standards training course 224
shall take effect July 1, 2022. The courses must be made 225
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available online or in person. 226
Section 6. Paragraph (b) of subsection (3) of section 227
1004.85, Florida Statutes, is amended to read: 228
1004.85 Postsecondary educator preparation institutes. — 229
(3) Educator preparation institutes approved pursuant to 230
this section may offer competency -based certification programs 231
specifically designed for noneducation major baccalaureate 232
degree holders to enable program participants to meet the 233
educator certification requirements of s. 1012.56. An educator 234
preparation institute choosing to offer a competency -based 235
certification program pursuant to the provisions of this section 236
must implement a program developed by the institute and approved 237
by the department for this purpose. Approved programs shall be 238
available for use by other approved educator preparation 239
institutes. 240
(b) Each program participant must: 241
1. Meet certification requirements pursuant to s. 242
1012.56(1) by obtaining a statement of status of eligibility in 243
the certification subject area of the educational plan and meet 244
the requirements of s. 1012.56(2)(a) -(f) before participating in 245
field experiences. 246
2. Demonstrate competency and participate in field 247
experiences that are appropriate to his or her educa tional plan 248
prepared under paragraph (a). Beginning with candidates entering 249
an educator preparation institute in the 2022 -2023 school year, 250
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a candidate for certification in a coverage area identified 251
pursuant to s. 1012.585(3)(f) must successfully complet e all 252
competencies for a reading endorsement, including completion of 253
the endorsement practicum through the candidate's field 254
experience, in order to graduate from the program. 255
3. Before completion of the program, fully demonstrate his 256
or her ability to teach the subject area for which he or she is 257
seeking certification by documenting a positive impact on 258
student learning growth in a prekindergarten through grade 12 259
setting and, except as provided in s. 1012.56(7)(a)3., achieving 260
a passing score on the pr ofessional education competency 261
examination, the basic skills examination, and the subject area 262
examination for the subject area certification which is required 263
by state board rule. 264
Section 7. Subsections (3) and (4) of section 1004.88, 265
Florida Statutes, are renumbered as subsections (4) and (5), 266
respectively, and a new subsection (3) is added to that section, 267
to read: 268
1004.88 Florida Institute for Charter School Innovation. — 269
(3) The institute may develop a professional learning 270
system pursuant to s . 1012.98(7). 271
Section 8. Section 1006.025, Florida Statutes, is 272
repealed. 273
Section 9. Section 1010.11, Florida Statutes, is amended 274
to read: 275
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1010.11 Electronic transfer of funds. —Pursuant to the 276
provisions of s. 215.85, each district school board, Florida 277
College System institution board of trustees, and university 278
board of trustees shall adopt written policies prescribing the 279
accounting and control procedures under which any funds under 280
their control are allowed to be moved by electronic transaction 281
for any purpose including direct deposit, wire transfer, 282
withdrawal, investment, or payment. Electronic transactions 283
shall comply with the provisi ons of chapter 668. However, a 284
district school board is exempt from the requirements of s. 285
668.50(18)(b). 286
Section 10. Subsections (1) and (3) of section 1011.03, 287
Florida Statutes, are amended to read: 288
1011.03 Public hearings; budget to be submitted t o 289
Department of Education. — 290
(1) Each district school board shall cause a summary of 291
its tentative budget, including the proposed millage levies as 292
provided for by law, to be posted on the district's official 293
website or on a publicly accessible website as provided in s. 294
50.0311 and advertised once in a newspaper of general 295
circulation published in the district or to be posted at the 296
courthouse if there be no such newspaper . 297
(3) The board shall hold public hearings to adopt 298
tentative and final budgets pur suant to s. 200.065. The hearings 299
shall be primarily for the purpose of hearing requests and 300
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complaints from the public regarding the budgets and the 301
proposed tax levies and for explaining the budget and proposed 302
or adopted amendments thereto, if any. The tentative budget must 303
be posted on the district's official website at least 2 days 304
before the budget hearing held pursuant to s. 200.065 or other 305
law. The final adopted budget must be posted on the district's 306
official website within 30 days after adoption. The board shall 307
require the superintendent to transmit two copies of the adopted 308
budget to the Department of Education as prescribed by law and 309
rules of the State Board of Education. 310
Section 11. Subsection (3) of section 1012.05, Florida 311
Statutes, is amended to read: 312
1012.05 Teacher recruitment and retention. — 313
(3)(a) Each school board shall adopt policies relating to 314
mentors and support for first -time teachers, which may include 315
the based upon guidelines issued by the Department of Education. 316
(b) By September 15 and February 15 each school year, each 317
school district shall electronically submit accurate public 318
school e-mail addresses for all instructional and administrative 319
personnel, as identified in s. 1012.01(2) and (3), to the 320
Department of Education. 321
Section 12. Section 1012.07, Florida Statutes, is amended 322
to read: 323
1012.07 Identification of critical teacher shortage 324
areas.—The term "critical teacher shortage area" means high -need 325
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content areas and high -priority location areas identified by the 326
State Board of Education. The State Board of Education shall 327
adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to 328
annually identify critical teacher shortage areas. The state 329
board must consider current and emerging educational 330
requirements and workforce demands in determining critical 331
teacher shortage areas. School grade levels may also be 332
designated critical teacher shortage areas. Individual district 333
school boards may identify and submit other critical teacher 334
shortage areas. Such submis sions must be aligned to current and 335
emerging educational requirements and workforce demands in order 336
to be approved by the State Board of Education. High -priority 337
location areas must shall be in high-density, low-economic urban 338
schools; low-density, low-economic rural schools; and schools 339
that earned a grade of "F" or three consecutive grades of "D" 340
pursuant to s. 1008.34. The State Board of Education shall 341
develop strategies to address critical teacher shortage areas. 342
Section 13. Subsection (3) is add ed to section 1012.22, 343
Florida Statutes, to read: 344
1012.22 Public school personnel; powers and duties of the 345
district school board. —The district school board shall: 346
(3)(a) Collective bargaining .—Notwithstanding provisions 347
of chapter 447 related to district school board collective 348
bargaining, collective bargaining may not preclude a district 349
school board from carrying out its constitutional and statutory 350
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duties related to the following: 351
1. Providing incentives to highly effective teachers. 352
2. Implementing intervention and support strategies under 353
s. 1008.33 to address the causes of low student performance and 354
improve student academic performance and attendance. 355
3. Implementing student discip line provisions required by 356
law, including a review of a student's abilities, past 357
performance, behavior, and needs. 358
4. Implementing school safety plans and requirements. 359
5. Implementing staff and student recognition programs. 360
6. Distributing corresp ondence to parents, teachers, and 361
community members related to the daily operation of schools and 362
the district. 363
7. Providing any required notice or copies of information 364
related to the district school board or district operations 365
which is readily availab le on the school district's website. 366
8. The school district's calendar. 367
(b) Appearances before the board .—If a district school 368
superintendent appears before the state board to provide an 369
update under s. 1011.62(14)(e), the state board must require 370
that the president of the collective bargaining unit that 371
represents the school district also must appear. 372
Section 14. Subsection (2) of section 1012.555, Florida 373
Statutes, is amended to read: 374
1012.555 Teacher Apprenticeship Program. — 375
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(2)(a) An individual must meet the following minimum 376
eligibility requirements to participate in the apprenticeship 377
program: 378
1. Have received an associate degree from an accredited 379
postsecondary institution. 380
2. Have earned a cumulative grade point average of 2.5 3.0 381
in that degree program. 382
3. Have successfully passed a background screening as 383
provided in s. 1012.32. 384
4. Have received a temporary apprenticeship certificate as 385
provided in s. 1012.56(7)(d). 386
(b) As a condition of participating in the program, an 387
apprentice teacher must commit to spending at least the first 2 388
years in the classroom of a mentor teacher using team teaching 389
strategies identified in s. 1003.03(5)(b) and fulfilling the on -390
the-job training component of the registered apprenticeship and 391
its associated standards. 392
(c) An apprentice teacher must do both of the following: 393
1. Complete at least 2 years in an apprenticeship before 394
being eligible to apply for a professional certificate 395
established in s. 1012.56(7)(a). Completion of the Teacher 396
Apprenticeship Program does not exempt an apprentice teacher 397
from the requirements of s. 1012.56(2)(c). 398
2. Receive related instruction as provided in s. 446.051. 399
(d) An apprentice teacher must be appointed by the 400
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district school board as an education paraprofessional and must 401
be paid in accordance with s. 446.032 and rules adopted by the 402
State Board of Education. 403
(e) An apprentice teacher may change schools or districts 404
after the first year of h is or her apprenticeship if the hiring 405
school or district has agreed to fund the remaining year of the 406
apprenticeship. 407
Section 15. Section 1012.575, Florida Statutes, is amended 408
to read: 409
1012.575 Alternative preparation programs for certified 410
teachers to add additional coverage. —A district school board, or 411
an organization of private schools , or a consortium of charter 412
schools with an approved professional learning system as 413
described in s. 1012.98(7), or the Florida Institute for Charter 414
School Innovation may design alternative teacher preparation 415
programs to enable persons already certificated to add an 416
additional coverage to their certificates. Each alternative 417
teacher preparation program shall be reviewed and approved by 418
the Department of Education to ensure assure that persons who 419
complete the program are competent in the necessary areas of 420
subject matter specialization. Two or more school districts may 421
jointly participate in an alternative preparation program for 422
teachers. 423
Section 16. Section 1012.72, Florida Statutes, is 424
repealed. 425
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Section 17. Section 1012.86, Florida Statutes, is 426
repealed. 427
Section 18. Paragraph (b) of subsection (5) and subsection 428
(7) of section 1012.98, Florida Statutes, are amended to read: 429
1012.98 School Community Professional Learning Act. — 430
(5) The Department of Education, school districts, 431
schools, Florida College System institutions, and state 432
universities share the responsibilities described in this 433
section. These responsibilities include the following: 434
(b) Each school district shall develop a professional 435
learning system as specified in subsection (4). The system shall 436
be developed in consultation with teachers, teacher -educators of 437
Florida College System institutions and state universities, 438
business and community representatives, and local education 439
foundations, consortia, and professional organizations. The 440
professional learning system must: 441
1. Be reviewed and approved by the department for 442
compliance with s. 1003.42(3) and this section. Effective March 443
1, 2024, the department shall establish a calendar for the 444
review and approval of all professional learning systems. A 445
professional learning system must be reviewed and approved every 446
5 years. Any substantial revisions to the system must shall be 447
submitted to the department for review and approval. The 448
department shall establish a format for the review and approval 449
of a professional learning system. 450
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2. Be based on analyses of student achievement data and 451
instructional strategies and methods that support ri gorous, 452
relevant, and challenging curricula for all students. Schools 453
and districts, in developing and refining the professional 454
learning system, shall also review and monitor school discipline 455
data; school environment surveys; assessments of parental 456
satisfaction; performance appraisal data of teachers, managers, 457
and administrative personnel; and other performance indicators 458
to identify school and student needs that can be met by improved 459
professional performance. 460
3. Provide inservice activities coupled with followup 461
support appropriate to accomplish district -level and school-462
level improvement goals and standards. The inservice activities 463
for instructional and school administrative personnel shall 464
focus on analysis of student achievement data, ongoing for mal 465
and informal assessments of student achievement, identification 466
and use of enhanced and differentiated instructional strategies 467
that emphasize rigor, relevance, and reading in the content 468
areas, enhancement of subject content expertise, integrated use 469
of classroom technology that enhances teaching and learning, 470
classroom management, parent involvement, and school safety. 471
4. Provide inservice activities and support targeted to 472
the individual needs of new teachers participating in the 473
professional learning certification and education competency 474
program under s. 1012.56(8)(a). 475
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5. Include a professional learning catalog for inservice 476
activities, pursuant to rules of the State Board of Education, 477
for all district employees from all fund sources. The catal og 478
must shall be updated annually by September 1, must be based on 479
input from teachers and district and school instructional 480
leaders, and must use the latest available student achievement 481
data and research to enhance rigor and relevance in the 482
classroom. Each district inservice catalog must be aligned to 483
and support the school -based inservice catalog and school 484
improvement plans pursuant to s. 1001.42(18). Each district 485
inservice catalog must provide a description of the training 486
that middle grades instruct ional personnel and school 487
administrators receive on the district's code of student conduct 488
adopted pursuant to s. 1006.07; integrated digital instruction 489
and competency-based instruction and CAPE Digital Tool 490
certificates and CAPE industry certifications; classroom 491
management; student behavior and interaction; extended learning 492
opportunities for students; and instructional leadership. 493
District plans must be approved by the district school board 494
annually in order to ensure compliance with subsection (1) and 495
to allow for dissemination of research -based best practices to 496
other districts. District school boards shall must submit 497
verification of their approval to the Commissioner of Education 498
no later than October 1, annually. Each school principal may 499
establish and maintain an individual professional learning plan 500
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for each instructional employee assigned to the school as a 501
seamless component to the school improvement plans developed 502
pursuant to s. 1001.42(18). An individual professional learning 503
plan must be related to specific performance data for the 504
students to whom the teacher is assigned, define the inservice 505
objectives and specific measurable improvements expected in 506
student performance as a result of the inservice activity, and 507
include an evaluation compon ent that determines the 508
effectiveness of the professional learning plan. 509
6. Include inservice activities for school administrative 510
personnel, aligned to the state's educational leadership 511
standards, which that address updated skills necessary for 512
instructional leadership and effective school management 513
pursuant to s. 1012.986. 514
7. Provide for systematic consultation with regional and 515
state personnel designated to provide technical assistance and 516
evaluation of local professional learning programs. 517
8. Provide for delivery of professional learning by 518
distance learning and other technology -based delivery systems to 519
reach more educators at lower costs. 520
9. Provide for the continuous evaluation of the quality 521
and effectiveness of professional learning progra ms in order to 522
eliminate ineffective programs and strategies and to expand 523
effective ones. Evaluations must consider the impact of such 524
activities on the performance of participating educators and 525
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their students' achievement and behavior. 526
10. For all grades, emphasize: 527
a. Interdisciplinary planning, collaboration, and 528
instruction. 529
b. Alignment of curriculum and instructional materials to 530
the state academic standards adopted pursuant to s. 1003.41. 531
c. Use of small learning communities; problem -solving, 532
inquiry-driven research and analytical approaches for students; 533
strategies and tools based on student needs; competency -based 534
instruction; integrated digital instruction; and project -based 535
instruction. 536
537
Each school that includes any of grades 6, 7, or 8 shall must 538
include in its school improvement plan, required under s. 539
1001.42(18), a description of the specific strategies used by 540
the school to implement each item listed in this subparagraph. 541
11. Provide training to reading coaches, classroom 542
teachers, and school administrators in effective methods of 543
identifying characteristics of conditions such as dyslexia and 544
other causes of diminished phonological processing skills; 545
incorporating instructional tech niques into the general 546
education setting which are proven to improve reading 547
performance for all students; and using predictive and other 548
data to make instructional decisions based on individual student 549
needs. The training must help teachers integrate pho nemic 550
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awareness; phonics, word study, and spelling; reading fluency; 551
vocabulary, including academic vocabulary; and text 552
comprehension strategies into an explicit, systematic, and 553
sequential approach to reading instruction, including 554
multisensory intervent ion strategies. Such training for teaching 555
foundational skills must shall be based on the science of 556
reading and include phonics instruction for decoding and 557
encoding as the primary instructional strategy for word reading. 558
Instructional strategies included in the training may not employ 559
the three-cueing system model of reading or visual memory as a 560
basis for teaching word reading. Such instructional strategies 561
may include visual information and strategies which improve 562
background and experiential knowledge, add context, and increase 563
oral language and vocabulary to support comprehension, but may 564
not be used to teach word reading. Each district must provide 565
all elementary grades instructional personnel access to training 566
sufficient to meet the requirements of s. 1012.585(3)(f). 567
(7) An organization of private schools or a consortium of 568
charter schools that has at least which has no fewer than 10 569
member schools in this state, that which publishes and files 570
with the Department of Education copies of its standards, and 571
the member schools of which comply with the provisions of part 572
II of chapter 1003, relating to compulsory school attendance ;, 573
or a public or private college or university wi th a teacher 574
preparation program approved pursuant to s. 1004.04 ; or the 575
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Florida Institute for Charter School Innovation , may also 576
develop a professional learning system that includes a 577
professional learning catalog for inservice activities. The 578
system and inservice catalog must be submitted to the 579
commissioner for approval pursuant to state board rules. 580
Section 19. Section 1013.15, Florida Statutes, is amended 581
to read: 582
1013.15 Lease, rental, and lease -purchase of educational 583
plants, ancillary plants, and auxiliary facilities and sites. — 584
(1) A board may lease any land, facilities, or educational 585
plants owned by it to any person or entity for such term, for 586
such rent, and upon such terms and conditions as the board 587
determines to be in its best interes ts; any such lease may 588
provide for the optional or binding purchase of the land, 589
facilities, or educational plants by the lessee upon such terms 590
and conditions as the board determines are in its best 591
interests. A determination that any such land, facility, or 592
educational plant so leased is unnecessary for educational 593
purposes is not a prerequisite to the leasing or lease -purchase 594
of such land, facility, or educational plant. Before Prior to 595
entering into or executing any such lease, a board shall 596
consider approval of the lease or lease -purchase agreement at a 597
public meeting, at which a copy of the proposed agreement in its 598
final form shall be available for inspection and review by the 599
public, after due notice as required by law. 600
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(2)(a) A district school bo ard may rent or lease 601
educational plants, ancillary plants, and auxiliary facilities 602
and sites as defined in s. 1013.01. Educational plants, 603
ancillary plants, and auxiliary facilities and sites rented or 604
leased for 1 year or less shall be funded through th e operations 605
budget or funds derived from millage proceeds pursuant to s. 606
1011.71(2). A lease contract for 1 year or less, when extended 607
or renewed beyond a year, becomes a multiple -year lease. 608
Operational funds or funds derived from millage proceeds 609
pursuant to s. 1011.71(2) may be authorized to be expended for 610
multiple-year leases. All leased educational plants, ancillary 611
plants, and auxiliary facilities and sites must be inspected 612
before prior to occupancy by the authority having jurisdiction. 613
1. All newly leased spaces must be inspected and brought 614
into compliance with the Florida Building Code pursuant to 615
chapter 553 and the life safety codes pursuant to chapter 633, 616
before prior to occupancy, using the board's operations budget 617
or funds derived from millage proceeds pursuant to s. 618
1011.71(2). 619
2. Plans for renovation or remodeling of leased space 620
shall conform to the Florida Building Code and the Florida Fire 621
Prevention Code for educational occupancies or other 622
occupancies, as appropriate and as requ ired in chapters 553 and 623
633, before prior to occupancy. 624
3. All leased facilities must be inspected annually for 625
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firesafety deficiencies in accordance with the applicable code 626
and have corrections made in accordance with s. 1013.12. 627
Operational funds or funds derived from millage proceeds 628
pursuant to s. 1011.71(2) may be used to correct deficiencies in 629
leased space. 630
4. When the board declares that a public emergency exists, 631
it may take up to 30 days to bring the leased facility into 632
compliance with the requirements of State Board of Education 633
rules. 634
(b) A board is authorized to lease -purchase educational 635
plants, ancillary plants, and auxiliary facilities and sites as 636
defined in s. 1013.01 , and a district school board is authorized 637
to lease-purchase educational plants, ancillary plants, and 638
auxiliary facilities and sites . The lease-purchase of 639
educational plants, ancillary plants, and auxiliary facilities 640
and sites must, where applicable, comply with shall be as 641
required by s. 1013.37, subject to the authorization in s. 642
1013.385 to exempt certain facilities from the requirements of 643
that section; must shall be advertised for and receive 644
competitive proposals and be awarded to the best proposer ;, and 645
must shall be funded using current or other funds specifi cally 646
authorized by law to be used for such purpose. 647
1. A district school board, by itself, or through a 648
direct-support organization formed pursuant to s. 1001.453 or 649
nonprofit educational organization or a consortium of district 650
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school boards, may, in d eveloping a lease-purchase of 651
educational plants, ancillary plants, and auxiliary facilities 652
and sites provide for separately advertising for and receiving 653
competitive bids or proposals on the construction of facilities 654
and the selection of financing to pr ovide the lowest cost 655
funding available, so long as the board determines that such 656
process would best serve the public interest and the available 657
pledged revenues are limited to those authorized in s. 658
1011.71(2) s. 1011.71(2)(e). 659
2. All activities and in formation, including lists of 660
individual participants, associated with agreements made 661
pursuant to this section shall be subject to the provisions of 662
chapter 119 and s. 286.011. 663
(c)1. The term of any lease -purchase agreement, including 664
the initial term and any subsequent renewals, shall not exceed 665
the useful life of the educational facilities and sites for 666
which the agreement is made, or 30 years, whichever is less. 667
2. The initial term or any renewal term of any lease -668
purchase agreement shall expire on June 30 of each fiscal year, 669
but may be automatically renewed annually, subject to a board 670
making sufficient annual appropriations therefor. Under no 671
circumstances shall the failure of a board to renew a lease -672
purchase agreement constitute a default or req uire payment of 673
any penalty or in any way limit the right of a board to purchase 674
or utilize educational plants, ancillary plants, and auxiliary 675
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facilities and sites similar in function to the educational 676
plants, ancillary plants, and auxiliary facilities and sites 677
that are the subject of the said lease -purchase agreement. 678
Educational plants, ancillary plants, and auxiliary facilities 679
and sites being acquired pursuant to a lease -purchase agreement 680
shall be exempt from ad valorem taxation. 681
3. No lease-purchase agreement entered into pursuant to 682
this subsection shall constitute a debt, liability, or 683
obligation of the state or a board or shall be a pledge of the 684
faith and credit of the state or a board. 685
4. Any lease-purchase agreement entered into pursuant t o 686
this subsection shall stipulate an annual rate which may consist 687
of a principal component and an interest component, provided 688
that the maximum interest rate of any interest component payable 689
under any such lease -purchase agreement, or any participation o r 690
certificated portion thereof, shall be calculated in accordance 691
with and be governed by the provisions of s. 215.84. 692
(3) Lease or lease-purchase agreements entered into by 693
university boards of trustees shall comply with the provisions 694
of ss. 1013.171 and 1010.62. 695
(4)(a) A board may rent or lease existing buildings, or 696
space within existing buildings, originally constructed or used 697
for purposes other than education, for conversion to use as 698
educational facilities. Such buildings rented or leased for 1 699
year or less shall be funded through the operations budget or 700
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funds derived from millage pursuant to s. 1011.71(2). A rental 701
agreement or lease contract for 1 year or less, when extended or 702
renewed beyond a year, becomes a multiple -year rental or lease. 703
Operational funds or funds derived from millage proceeds 704
pursuant to s. 1011.71(2) may be authorized to be expended for 705
multiple-year rentals or leases. Notwithstanding any other 706
provisions of this section, if a building was constructed in 707
conformance with all applicable building and life safety codes, 708
it shall be deemed to meet the requirements for use and 709
occupancy as an educational facility subject only to the 710
provisions of this subsection. 711
(b) Before Prior to occupying a rented or a leased 712
existing building, or space within an existing building, 713
pursuant to this subsection, a school board shall, in a public 714
meeting, adopt a resolution certifying that the following 715
circumstances apply to the building proposed for occupancy: 716
1. Growth among the school -age population in the school 717
district has created a need for new educational facilities in a 718
neighborhood where there is little or no vacant land. 719
2. There exists a supply of vacant space in existing 720
buildings that meet state minimum building and life safe ty 721
codes. 722
3. Acquisition and conversion to use as educational 723
facilities of an existing building or buildings is a cost -saving 724
means of providing the needed classroom space as determined by 725
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the difference between the cost of new construction, including 726
land acquisition and preparation and, if applicable, demolition 727
of existing structures, and the cost of acquisition through 728
rental or lease and conversion of an existing building or 729
buildings. 730
4. The building has been examined for suitability, safety, 731
and conformance with state minimum building and life safety 732
codes. The building examination shall consist, at a minimum, of 733
a review of existing documents, building site reconnaissance, 734
and analysis of the building conducted by, or under the 735
responsible charge of, a licensed structural engineer. 736
5. A certificate of evaluation has been issued by an 737
appropriately licensed design professional which states that, 738
based on available documents, building site reconnaissance, 739
current knowledge, and design judgment in the professional's 740
opinion, the building meets the requirements of state minimum 741
building and life safety codes, provides safe egress of 742
occupants from the building, provides adequate firesafety, and 743
does not pose a substantial threat to life to persons w ho would 744
occupy the building for classroom use. 745
6. The plans for conversion of the building were prepared 746
by an appropriate design professional licensed in this state and 747
the work of conversion was performed by contractors licensed in 748
this state. 749
7. The conversion of the building was observed by an 750
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appropriate design professional licensed in this state. 751
8. The building has been reviewed, inspected, and granted 752
a certificate of occupancy by the local building department. 753
9. All ceilings, light fixtures, ducts, and registers 754
within the area to be occupied for classroom purposes were 755
constructed or have been reconstructed to meet state minimum 756
requirements. 757
Section 20. Subsection (1) of section 1013.16, Florida 758
Statutes, is amended to read: 759
1013.16 Construction of facilities on leased property; 760
conditions.— 761
(1) A board may construct or place educational facilities 762
and ancillary facilities on land that is owned by any person 763
after the board has acquired from the owner of the land a long -764
term lease for the use of this land for a period of not less 765
than 40 years or the life expectancy of the permanent facilities 766
constructed thereon, whichever is longer . 767
Section 21. Subsection (1) of section 1013.20, Florida 768
Statutes, is amended to read: 769
1013.20 Standards for relocatables used as classroom 770
space; inspections.— 771
(1) The State Board of Education shall adopt rules 772
establishing standards for relocatables intended for long -term 773
use as classroom space at a public elementary school, middle 774
school, or high school. "Long -term use" means the use of 775
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relocatables at the same educational plant for a period of 4 776
years or more. Each relocatable acquired by a district school 777
board after the effective date of the rules and intended for 778
long-term use must comply with the standards. District school 779
boards shall submit a plan for the use of existing relocatables 780
within the 5-year work program to be reviewed and approved by 781
the commissioner by January 1, 2003. A progress report shall be 782
provided by the commissio ner to the Speaker of the House of 783
Representatives and the President of the Senate each January 784
thereafter. Relocatables that fail to meet the standards after 785
completion of the approved plan may not be used as classrooms. 786
The standards shall protect the health, safety, and welfare of 787
occupants by requiring compliance with the Florida Building Code 788
or the State Requirements for Educational Facilities for 789
existing relocatables, as applicable, t o ensure the safety and 790
stability of construction and onsite installation; fire and 791
moisture protection; air quality and ventilation; appropriate 792
wind resistance; and compliance with the requirements of the 793
Americans with Disabilities Act of 1990. If appro priate and 794
where relocatables are not scheduled for replacement, the 795
standards must also require relocatables to provide access to 796
the same technologies available to similar classrooms within the 797
main school facility and, if appropriate, and where relocata bles 798
are not scheduled for replacement, to be accessible by adequate 799
covered walkways. A relocatable that is subject to this section 800
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and does not meet the standards shall not be reported as 801
providing satisfactory student stations in the Florida Inventory 802
of School Houses. 803
Section 22. Section 1013.21, Florida Statutes, is 804
repealed. 805
Section 23. Section 1013.385, Florida Statutes, is amended 806
to read: 807
1013.385 School district construction flexibility. — 808
(1) A district school board may, with a majorit y vote at a 809
public meeting that begins no earlier than 5 p.m., adopt a 810
resolution to implement one or more of the exceptions to the 811
educational facilities construction requirements to provide a 812
school with provided in this section. 813
(2) A resolution adopt ed under this section may propose 814
implementation of exceptions to requirements of the uniform 815
statewide building code for the planning and construction of 816
public educational and ancillary plants adopted pursuant to ss. 817
553.73 and 1013.37 relating to: 818
(a) Interior non-load-bearing walls, by approving the use 819
of fire-rated wood stud walls in new construction or remodeling 820
for interior non-load-bearing wall assemblies that will not be 821
exposed to water or located in wet areas. 822
(b) Walkways, roadways, drivew ays, and parking areas, by 823
approving the use of designated, stabilized, and well -drained 824
gravel or grassed student parking areas. 825
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(c) Standards for relocatables used as classroom space, as 826
specified in s. 1013.20, by approving construction 827
specifications for installation of relocatable buildings that do 828
not have covered walkways leading to the permanent buildings 829
onsite. 830
(d) Site lighting, by approving construction 831
specifications regarding site lighting that: 832
1. Do not provide for lighting of gravel o r grassed 833
auxiliary or student parking areas. 834
2. Provide lighting for walkways, roadways, driveways, 835
paved parking lots, exterior stairs, ramps, and walkways from 836
the exterior of the building to a public walkway through 837
installation of a timer that is se t to provide lighting only 838
during periods when the site is occupied. 839
3. Allow lighting for building entrances and exits to be 840
installed with a timer that is set to provide lighting only 841
during periods in which the building is occupied. The minimum 842
illumination level at single -door exits may be reduced to no 843
less than 1 foot-candle. 844
(e) Any other provisions that limit the ability of a 845
school to operate in a facility on the same basis as a charter 846
school pursuant to s. 1002.33(18) . When a hurricane evacua tion 847
shelter deficit, as determined by the Division of Emergency 848
Management, in the regional planning council region in which the 849
county is located makes public shelter design criteria 850
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applicable, any exceptions to the public shelter design criteria 851
remain subject to the concurrence of the applicable local 852
emergency management agency or the Division of Emergency 853
Management. A district school board may not be required to build 854
more emergency-shelter space than identified as needed in the 855
statewide emergency shelter plan so long as the regional 856
planning council determines that there is sufficient shelter 857
capacity within the school district as documented in the 858
Statewide Emergency Shelter Plan . 859
Section 24. Section 1013.48, Florida Statutes, is amended 860
to read: 861
1013.48 Changes in construction requirements after award 862
of contract.—The board may, at its option and by written policy 863
duly adopted and entered in its official minutes, authorize the 864
superintendent or president or other designated individual to 865
approve change orders in the name of the board for 866
preestablished amounts. Approvals must shall be for the purpose 867
of expediting the work in progress and must shall be reported to 868
the board and entered in its official minutes. For 869
accountability, the school d istrict shall monitor and report the 870
impact of change orders on its district educational facilities 871
plan pursuant to s. 1013.35. 872
Section 25. Subsection (19) of section 1001.64, Florida 873
Statutes, is amended to read: 874
1001.64 Florida College System inst itution boards of 875
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trustees; powers and duties. — 876
(19) Each board of trustees shall appoint, suspend, or 877
remove the president of the Florida College System institution. 878
The board of trustees may appoint a search committee. The board 879
of trustees shall condu ct annual evaluations of the president in 880
accordance with rules of the State Board of Education and submit 881
such evaluations to the State Board of Education for review. The 882
evaluation must address the achievement of the performance goals 883
established by the accountability process implemented pursuant 884
to s. 1008.45 and the performance of the president in achieving 885
the annual and long-term goals and objectives established in the 886
Florida College System institution's employment accountability 887
program implemented pursuant to s. 1012.86 . 888
Section 26. Subsection (22) of section 1001.65, Florida 889
Statutes, is amended to read: 890
1001.65 Florida College System institution presidents; 891
powers and duties.—The president is the chief executive officer 892
of the Florida Colleg e System institution, shall be corporate 893
secretary of the Florida College System institution board of 894
trustees, and is responsible for the operation and 895
administration of the Florida College System institution. Each 896
Florida College System institution presi dent shall: 897
(22) Submit an annual employment accountability plan to 898
the Department of Education pursuant to the provisions of s. 899
1012.86. 900
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Section 27. Paragraph (i) of subsection (2) of section 901
1003.621, Florida Statutes, is amended to read: 902
1003.621 Academically high-performing school districts. —It 903
is the intent of the Legislature to recognize and reward school 904
districts that demonstrate the ability to consistently maintain 905
or improve their high -performing status. The purpose of this 906
section is to provide high-performing school districts with 907
flexibility in meeting the specific requirements in statute and 908
rules of the State Board of Education. 909
(2) COMPLIANCE WITH STATUTES AND RULES. —Each academically 910
high-performing school district shall comply wit h all of the 911
provisions in chapters 1000 -1013, and rules of the State Board 912
of Education which implement these provisions, pertaining to the 913
following: 914
(i) Those statutes pertaining to educational facilities, 915
including chapter 1013, except that s. 1013.2 0, relating to 916
covered walkways for portables, is and s. 1013.21, relating to 917
the use of relocatable facilities that exceed 20 years of age, 918
are eligible for exemption. 919
Section 28. Paragraph (b) of subsection (3) of section 920
1011.6202, Florida Statutes, is amended to read: 921
1011.6202 Principal Autonomy Program Initiative. —The 922
Principal Autonomy Program Initiative is created within the 923
Department of Education. The purpose of the program is to 924
provide a highly effective principal of a participating school 925
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with increased autonomy and authority to operate his or her 926
school, as well as other schools, in a way that produces 927
significant improvements in student achievement and school 928
management while complying with constitutional requirements. The 929
State Board of Education may, upon approval of a principal 930
autonomy proposal, enter into a performance contract with the 931
district school board for participation in the program. 932
(3) EXEMPTION FROM LAWS. — 933
(b) A participating school or a school operated by a 934
principal pursuant to subsection (5) shall comply with the 935
provisions of chapters 1000 -1013, and rules of the state board 936
that implement those provisions, pertaining to the following: 937
1. Those laws relating to the election and compensation of 938
district school board members, the election or appointment and 939
compensation of district school superintendents, public meetings 940
and public records requirements, financial disclosure, and 941
conflicts of interest. 942
2. Those laws relating to the student assessment program 943
and school grading system, including chapter 1008. 944
3. Those laws relating to the provision of services to 945
students with disabilities. 946
4. Those laws relating to civil rights, including s. 947
1000.05, relating to discrimination. 948
5. Those laws relating to student health, safety, and 949
welfare. 950
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6. Section 1001.42(4)(f), relating to the uniform opening 951
date for public schools. 952
7. Section 1003.03, governing maximum class size, except 953
that the calculation for compliance pursuant to s. 1003.03 is 954
the average at the sc hool level for a participating school. 955
8. Sections 1012.22(1)(c) and 1012.27(2), relating to 956
compensation and salary schedules. 957
9. Section 1012.33(5), relating to workforce reductions 958
for annual contracts for instructional personnel. This 959
subparagraph does not apply to at -will employees. 960
10. Section 1012.335, relating to annual contracts for 961
instructional personnel hired on or after July 1, 2011. This 962
subparagraph does not apply to at -will employees. 963
11. Section 1012.34, relating to personnel evalua tion 964
procedures and criteria. 965
12. Those laws pertaining to educational facilities, 966
including chapter 1013, except that s. 1013.20, relating to 967
covered walkways for relocatables, is and s. 1013.21, relating 968
to the use of relocatable facilities exceeding 2 0 years of age, 969
are eligible for exemption. 970
13. Those laws pertaining to participating school 971
districts, including this section and ss. 1011.69(2) and 972
1012.28(8). 973
Section 29. Paragraph (b) of subsection (1) of section 974
1013.35, Florida Statutes, is am ended to read: 975
HB 7039 2024
CODING: Words stricken are deletions; words underlined are additions.
hb7039-00
Page 40 of 40
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1013.35 School district educational facilities plan; 976
definitions; preparation, adoption, and amendment; long -term 977
work programs.— 978
(1) DEFINITIONS.—As used in this section, the term: 979
(b) "District facilities work program" means the 5 -year 980
listing of capital outlay projects adopted by the district 981
school board as provided in subparagraph (2)(a)2. and paragraph 982
(2)(b) as part of the district educational facilities plan, 983
which is required in order to: 984
1. Properly maintain the educational plant and ancillary 985
facilities of the district. 986
2. Provide an adequate number of satisfactory student 987
stations for the projected student enrollment of the district in 988
K-12 programs in accordance with the goal in s. 1013.21 . 989
Section 30. This act shall take effect July 1, 2024. 990