This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h7039b.EEC
DATE: 2/1/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 7039 PCB CIS 24-01 Education
SPONSOR(S): Education & Employment Committee, Choice & Innovation Subcommittee, Rizo and others
TIED BILLS: None. IDEN./SIM. BILLS: SB 7000 and SB 7002
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Choice & Innovation Subcommittee 16 Y, 0 N Wolff Sleap
1) Education Quality Subcommittee 18 Y, 0 N Wolff Sanchez
2) Education & Employment Committee 17 Y, 0 N, As CS Wolff Hassell
SUMMARY ANALYSIS
In 2023, the Florida Legislature passed House Bill 1 (Ch. 2023-16, L.O.F.), which included provisions regarding the
deregulation of public schools. In an effort to provide more flexibility and efficiency and reduce unnecessary regulation,
the bill required the State Board of Education (SBE) to develop and recommend to the Governor and Legislature for
adoption during the 2024 legislative session repeals and revisions to the Florida Early Learning-20 Education Code,
chapters 1000-1013, Florida Statutes.
The bill provides flexibility to district school boards in satisfying their statutory duties to provide public notices related to
meetings, levying millage, and the adoption of budgets by authorizing the publication of such notices to their websites.
The bill maintains the requirement for public notice to be provided at least 2 days prior to the noticed meeting.
The bill repeals several obsolete or overly-burdensome reporting requirements including the school district guidance
report, school district report of the reduction of relocatable use, school district educational plant survey, and the Florida
College System employment equity accountability report.
The bill supports school districts’ efforts to recruit and retain teachers by requiring the SBE to develop strategies to
address critical teacher shortages areas, requires the Commissioner of Education to make recommendations for the
retention of ESE teachers, and authorizes school districts to develop and adopt their own policies relating to mentors and
support for first-time teachers. The bill authorizes a newly-hired Voluntary Prekindergarten Education Program instructor,
45 days after hire to complete required emergent literacy training. The bill authorizes a school district to use advanced
degrees when setting salary schedules for instructional personnel or school administrators if the advanced degree is in
the individual’s area of certification. The bill authorizes, subject to SBE rule, certified educators to request that their
certification be placed in inactive status and the use of a passing score on the SAT, ACT, or Classical Learning Test to
satisfy the mastery of general knowledge requirement for certification.
The bill provides additional clarity for school districts and teachers unions regarding topics that may not be precluded by
collective bargaining, including but not limited to, the provision of incentives to effective and highly effective teachers,
incentives to teachers assigned to low-performing schools, implementation of student intervention and support strategies,
and the implementation of school safety plans and requirements.
The bill clarifies the authority of a district school board to adopt exceptions to the State Requirements for Educational
Facilities and broadens the scope of properties a district can lease or lease-purchase to include educational plants,
ancillary plants, and auxiliary facilities instead of only educational facilities. The bill extends the exemption from cost per
student station limitations for new construction projects until July 1, 2028.
The bill expands the role of the Florida Institute for Charter School Innovation (Institute) by authorizing the Institute to
develop a professional learning system and design an alternative teacher preparation program to enable certified teachers
at charter schools to add on coverages and endorsements to their certificates.
The bill does not appear to have a fiscal impact.
The bill has an effective date of July 1, 2024. STORAGE NAME: h7039b.EEC PAGE: 2
DATE: 2/1/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
In 2023, the Florida Legislature passed House Bill 1 (HB1), which included provisions regarding the
deregulation of public schools. In an effort to provide more flexibility and efficiency and reduce
unnecessary regulation, the bill required the State Board of Education (SBE) to develop and
recommend to the Governor and Legislature for adoption during the 2024 legislative session repeals
and revisions to the Florida Early Learning-20 Education Code, chapters 1000-1013, Florida Statutes.
1
Pursuant to HB1, the Department of Education (DOE) reviewed the entirety of the Code and
considered input from Florida teachers, superintendents, administrators, school boards, public and
private postsecondary institutions, home educators, and other stakeholders. Following that review, the
SBE developed recommendations for the deregulation of Florida public schools and provided them to
the Governor and Legislature on November 1, 2023.
2
District School Board Communications
Present Situation
Meeting Notices
Each district school board is required to publicly notice regular and special board meetings in a county
newspaper of general circulation at least two days prior to the meeting, or on a radio station if no such
newspaper exists.
3
Local governmental agencies, including district school boards, have the option to publish legal notices
on a publicly accessible website owned or designated by the county instead of in a print newspaper
under specified conditions.
4
A governmental agency located in a county that has a population of fewer
than 160,000 must first hold a public hearing and determine that its residents have sufficient access to
the internet by broadband service before publishing legally required advertisements and public notices
on the county website.
5
Before a district school board levies any millage, it must advertise its intent to adopt a tentative budget
in a newspaper of general circulation. Not less than 2 days or more than 5 days thereafter, the district
must hold a public hearing on the tentative budget.
6
The purpose of the hearing is to hear requests and
complaints from the public regarding the budgets and the proposed tax levies and for explaining the
budget and any proposed or adopted amendments.
7
The final adopted budget must be posted on the
school district’s official website within 30 days after adoption, and the district school superintendent is
required to submit two copies of the adopted budget to the DOE.
8
The US Census Bureau and the Pew Research Center have reported that adults are more likely to
receive information through digital media than through print media.
9
1
Section 11, ch. 2023-16, L.O.F.
2
Florida Department of Education, Recommendations to Reduce Regulation in Public Schools (Nov. 1, 2023), at 2, available at
https://www.flsenate.gov/Committees/Show/ED/MeetingPacket/5953/10483_MeetingPacket_5953_2.pdf.
3
Section 1001.372, F.S.
4
Section 50.0311, F.S.
5
Section 50.0311(4), F.S.
6
Section 200.065(2)(f)1., F.S.
7
Section 1011.03(3), F.S.
8
Id.
9
Florida Department of Education, Recommendations to Reduce Regulation in Public Schools (Nov. 1, 2023), at 10, available at
https://www.flsenate.gov/Committees/Show/ED/MeetingPacket/5953/10483_MeetingPacket_5953_2.pdf. STORAGE NAME: h7039b.EEC PAGE: 3
DATE: 2/1/2024
District School Board Notifications to Parents and Students
Dropout prevention and academic intervention programs are programs that may differ from traditional
educational programs and schools in scheduling, administrative structure, philosophy, curriculum, or
setting and 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.
10
A student is eligible to receive services through the dropout prevention and academic intervention
program if the student:
11
Is academically unsuccessful.
Has a pattern of excessive absenteeism or has been identified as a habitual truant.
Has a history of disruptive behavior in school or has committed an offense that warrants out-of-
school suspension or expulsion from school.
Prior to placement in a dropout prevention and academic intervention program or the provision of an
academic service, the principal or the principal’s designee is required to notify the student’s parent by
certified mail.
12
The parent of the student must then sign an acknowledgment of the notice of placement
or service and return the signed acknowledgment to the principal within 3 days after receipt of the
notice.
13
The parents of a student assigned to such a dropout prevention and academic intervention
program are entitled to an administrative review by an informal hearing officer or an administrative law
judge for a formal hearing regarding any action by school personnel relating to such placement.
14
The principal or the principal’s designee may suspend a student only in accordance with the rules of the
district school board.
15
The principal or the principal’s designee must make a good faith effort to
immediately inform a student’s parent by telephone of a student’s suspension and the reasons for the
suspension.
16
Each suspension and the reasons for the suspension must be reported in writing within
24 hours to the student’s parent by United States mail.
17
Each middle school and high school student or the student’s parent prior to registration is required to
be provided a two-page summary of the Department of Economic Opportunity’s (DEO’s) economic
security report of employment and earning outcomes and electronic access to the report.
18
The
information provided in the DEO report is now available to all parents through the DOE’s Xello web
portal, Florida’s official K-12 career planning and work-based learning coordination tool.
19
Effect of Proposed Changes
The bill authorizes district school boards to satisfy open meeting notification requirements through
publication on the official district school board website or another publicly accessible website pursuant
to statutory requirements.
20
The bill does not remove the option to publish such notices in a newspaper,
radio station, or posting at a courthouse. The bill maintains the requirement that such public notice
must occur at least 2 days prior to the noticed meeting.
10
Section 1003.53(1)(a), F.S.
11
Section 1003.53(1)(c), F.S.
12
Section 1003.53(5), F.S.
13
Id.
14
Id.
15
Section 1006.09(1)(b), F.S.
16
Section 1006.09(1)(b), F.S.
17
Id.
18
Section 1002.20(24), F.S.; see also Florida Commerce, Economic Security Reports, https://www.floridajobs.org/local-workforce-
development-board-resources/program-monitoring-and-reports/economic-security-reports (last visited Jan. 24, 2024).
19
Florida Department of Education, Recommendations to Reduce Regulation in Public Schools (Nov. 1, 2023), at 13, available at
https://www.flsenate.gov/Committees/Show/ED/MeetingPacket/5953/10483_MeetingPacket_5953_2.pdf; see also, The Future of
Work Florida, Xello, https://xello.world/en/florida-college-career-ready/ (last visited Jan. 24, 2024).
20
See s. 50.0311, F.S. STORAGE NAME: h7039b.EEC PAGE: 4
DATE: 2/1/2024
Additionally, the bill authorizes a district school board to advertise its tentative budget and proposed
millage levies, by advertising its intent to adopt a tentative budget on the district school board website,
so long as the district school board complies with the requirements to ensure that the public has
reasonable access to the website, and that the website would provide reasonable notice.
The bill specifies that district school boards may advertise their tentative budgets on the official district
school board website instead of the newspaper. The bill also removes the requirement for the district
school superintendent to transmit two copies of the adopted budget to the DOE.
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 program or a
suspension. The bill authorizes the agreement to be made before the need for the notification arises or
at the time the notification is required.
The bill removes the requirement that each middle and high school student be provided with a two-
page summary of the DEO economic security report, as this information is available by other means.
Education Administration and Oversight
Present Situation
General Powers of District School Superintendent
Each school district must have a superintendent of schools who is elected at a general election for a
term of four years; or, when provided by resolution of the district school board, or by special law,
approved by vote of the electors, is employed by the district school board.
21
The district school
superintendent has the authority, and when necessary for the more efficient and adequate operation of
the district school system, the responsibility, to:
22
Oversee the district school system.
Advise and counsel with the district school board on all educational matters.
Recommend to the district school board for adoption such policies pertaining to the district
school system as are necessary for its more efficient operation.
Submit to the district school board for adoption rules to contribute to the efficient operation of
any aspect of education in the district.
Submit to the district school board for adoption minimum standards relating to the operation of
any phase of the district school system.
Perform duties and exercise responsibilities as are assigned to the district school
superintendent by law and by rules of the SBE.
School Bus Infraction Detection Systems
District school boards are authorized to install and operate a school bus infraction detection system on
a school bus for the purpose of documenting a motor vehicle being used or operated in a manner that
allegedly violates school bus traffic laws.
23
District school boards are required to post high-visibility
reflective signage on the rear of each school bus in which a school bus infraction detection system is
installed and operational.
24
The signage must be in the form of one or more signs or stickers and must
contain, in the same form:
The words “STOP WHEN RED LIGHTS FLASH” or “DO NOT PASS WHEN RED LIGHTS
FLASH.”
The words “CAMERA ENFORCED.”
A graphic depiction of a camera.
25
21
FLA. CONST. art. 9, s. 5.
22
Section 1001.49, F.S.
23
Sections 326.003(78) and 316.173, F.S.
24
Section 316.173(2)(a), F.S.
25
Id. STORAGE NAME: h7039b.EEC PAGE: 5
DATE: 2/1/2024
Motor vehicle operators must stop when approaching a school bus that displays a stop signal.
26
The
civil penalties assessed and collected for violating this requirement as enforced by a school bus
infraction detection system must be remitted to the school district in which the violation occurred.
27
Such civil penalties must be used for the installation or maintenance of school bus infraction detection
systems on school buses, for any other technology that increases the safety of the transportation of
students, or for the administration and costs associated with the enforcement of violations of school bus
stop sign requirements.
28
District Guidance Report
Each district school board is required to annually submit a district guidance report to the Commissioner
of Education (commissioner) by June 30.
29
The guidance report must include:
30
Examination of student access to certified school counselors.
Degree to which a district has adopted or implemented a guidance model program.
Evaluation of the information and training available to certified school counselors and career
specialists to advise students on areas of critical need, labor market trends, and technical
training requirements.
Progress toward incorporation of best practices for advisement as identified by the department.
Consideration of alternative guidance systems or ideas, including, but not limited to, a teacher-
advisor model, mentoring, partnerships with the business community, web-based delivery, and
parental involvement.
A guidance plan for the district.
Effect of Proposed Changes
The bill authorizes the district school board to delegate to the superintendent the authority to establish
a process for the review and approval of district-wide policies and procedures to improve efficiency.
This may allow the school board and the superintendent to be more responsive to the needs of
students.
The bill provides flexibility to district school boards to post signage on the rear of each school bus in
which a school bus infraction detection system is installed and operational that is not high-visibility
reflective signage. Without this revision, district school boards that install school bus infraction detection
systems will incur costs to replace current signage with highly reflective material.
31
The bill authorizes the civil penalties collected for violations of school bus stop sign requirements
enforced by a school bus infraction detection system to be used to provide financial awards to recruit or
retain school bus drivers in the school district in which the civil penalties are assessed and collected.
The bill repeals the requirement for district school boards to annually submit the guidance report. This
report is no longer necessary as district school boards provide this information in their annual Mental
Health Assistance Allocation Plan and the Mental Health Assistance Allocation Outcomes and
Expenditures Report.
32
Voluntary Prekindergarten Program Instructor Training
Present Situation
26
Section 316.172(1)(a)-(b), F.S.
27
Section 316.173(7), F.S.
28
Id.
29
Section 1006.025(1), F.S.
30
Section 1006.025(2), F.S.
31
Florida Department of Education, Recommendations to Reduce Regulation in Public Schools (Nov. 1, 2023), at 10, available at
https://www.flsenate.gov/Committees/Show/ED/MeetingPacket/5953/10483_MeetingPacket_5953_2.pdf.
32
Florida Department of Education, Recommendations to Reduce Regulation in Public Schools (Nov. 1, 2023), at 17, available at
https://www.flsenate.gov/Committees/Show/ED/MeetingPacket/5953/10483_MeetingPacket_5953_2.pdf; see also s. 1006.041, F.S. STORAGE NAME: h7039b.EEC PAGE: 6
DATE: 2/1/2024
Each public school and private provider which delivers the Voluntary Prekindergarten Education
Program (VPK) must have, for each prekindergarten class of 11 children or fewer, at least one
prekindergarten instructor who meets each of the following requirements:
33
The prekindergarten instructor must hold, at a minimum, one of the following credentials:
o A child development associate credential issued by the National Credentialing Program
of the Council for Professional Recognition; or
o A credential approved by the Department of Children and Families as being equivalent
to or greater than the credential described above.
The prekindergarten instructor must successfully complete, prior to assignment to that
classroom, three emergent literacy training courses that include developmentally appropriate
and experiential learning practices for children and a training course on student performance
standards approved by the DOE.
The prekindergarten instructor must complete an emergent literacy training course at least once every
5 years after initially completing the three emergent literacy training courses. The courses must be
made available online or in person.
Effect of Proposed Changes
The bill provides that a newly-hired prekindergarten instructor must complete the three emergent
literacy training courses within 45 calendar days after being hired if the instructor has not already
completed the courses. This change allows VPK providers to complete the onboarding process, and
get instructors into classrooms sooner, while the required coursework is being completed. The bill also
removes an obsolete date for the completion of a standards training course by a prekindergarten
instructor.
Teacher Preparation Programs and Professional Learning Systems
Present Situation
Educator Preparation Institutes
Postsecondary institutions that are accredited or approved by the DOE to award degrees and credits
for educator certification may seek approval from the DOE to create educator preparation institutes
(EPI) for the purpose of providing all or any of the following:
34
professional development instruction to assist teachers in improving classroom instruction and
in meeting certification or recertification requirements;
instruction to assist potential and existing substitute teachers in performing their duties;
instruction to assist paraprofessionals in meeting education and training requirements;
competency-based program instruction for noneducation baccalaureate degree holders to
become certified teachers in order to increase pathways to the classroom for mid-career
professionals; and
instruction and professional development for part-time and full-time non-degreed teachers of
career programs.
A private provider that has a proven history of delivering high-quality educator preparation may also
seek approval to offer a competency-based certification program. The DOE approval must be based
upon evidence provided from other state recipients of the provider’s services and data showing the
successful performance of completers based upon student achievement.
35
Each EPI participant must:
36
33
Sections 1002.55(3)(c) and 1002.63(4), F.S. (private providers and public schools, respectively).
34
Section 1004.85(2)(a), F.S.; see also r. 6A-5.066, F.A.C.
35
Section 1004.85(2)(b), F.S.
36
Section 1004.85(3)(b), F.S. STORAGE NAME: h7039b.EEC PAGE: 7
DATE: 2/1/2024
meet teacher certification application and eligibility requirements established in law;
participate in coursework and field experiences that are appropriate to the participant’s
educational plan, including completion of all competencies for a reading endorsement when
seeking certification in a certificate area that includes reading instruction or interventions in
kindergarten through grade 6;
before completion of the program, fully demonstrate his or her ability to teach the subject area
for which he or she is seeking certification by documenting a positive impact on student learning
growth in a prekindergarten through grade 12 setting; and
achieve a passing score on the professional education competency examination,
37
the basic
skills examination, and the subject area examination for the subject area certification which is
required by SBE rule.
Each approved EPI must submit annual performance evaluations to the DOE that measure the
effectiveness of the programs.
38
Professional Learning Systems
Current law requires school districts to develop a professional learning system in consultation with
classroom teachers, state colleges and universities, business and community representatives, and
local education foundations, consortia, and professional organizations.
39
The system must be initially
reviewed and approved by the DOE, and subsequently reviewed and approved every 5 years
thereafter.
40
Among other things, the professional learning system must:
41
support and increase the success of educators through collaboratively developed school
improvement plans;
assist the school community in providing stimulating, scientific research-based educational
activities that encourage and motivate students to achieve at the highest levels, and that
prepare students for success at subsequent educational levels and the workforce;
provide continuous support for all education professionals as well as temporary intervention for
education professionals who need improvement in knowledge, skills, and performance; and
provide training to teacher mentors as part of professional development certification and
education competency programs.
An organization of private schools or consortium of charter schools which has no fewer than 10
member schools in this state, which publishes and files with the DOE copies of its standards, and the
member schools comply with compulsory school attendance, or a public or private college or university
with a teacher preparation program, may also develop a professional learning system.
42
The system
and inservice catalog must be submitted to the commissioner for approval.
43
Preparation Programs
A district school board, or an organization of private schools or a consortium of charter schools, of at
least 10 member schools,
44
with an approved professional learning system,
45
may design alternative
teacher preparation programs to enable persons already certificated to add an additional coverage to
37
An individual that completes an educator preparation institute and is rated highly effective by his or her performance evaluation is
not required to take or achieve a passing score on the professional education competency examination in order to be awarded a
professional certificate. Section 1012.56(7)(a)3., F.S.
38
Section 1004.85(5), F.S.
39
Section 1012.98(5)(b), F.S.
40
Section 1012.98(5)(b)1., F.S.
41
See s. 1012.98(5)(b)1.-11., F.S.
42
Section 1012.98(7), F.S.
43
Id.
44
Section 1012.98(7), F.S.
45
Section 1012.98, F.S., defines professional learning as learning that is aligned to the state’s standards for effective professional
learning, educator practices, and leadership practices; incorporates active learning; is collaborative; provides models; and is sustained
and continuous. STORAGE NAME: h7039b.EEC PAGE: 8
DATE: 2/1/2024
their certificates.
46
Each alternative teacher preparation program is required to be reviewed and
approved by the DOE to assure that persons who complete the program are competent in the
necessary areas of subject matter specialization.
47
Florida Institute for Charter School Innovation
In 2022, the legislature created the Florida Institute for Charter School Innovation at Miami Dade
College (Institute), subject to appropriation. The Miami Dade College Board of Trustees must establish
policies for the supervision, administration, and governance of the institute.
48
The Institute must fulfill the following duties:
49
Analyze charter school applications, identify best practices, and create a state resource for
developing and reviewing charter school applications.
Provide training, technical assistance, and support to charter school sponsors on the review of
charter applications and renewals.
Conduct applied research on policy and practices related to charter schools.
Conduct or compile basic research on the status of educational choice, charter authorizing, and
charter school performance in Florida and other topics related to charter schools.
Collaborate with the DOE in developing the sponsor evaluation framework.
Disseminate information regarding research-based charter school teaching practices to
educators in Florida.
Host research workshops and conferences which allow charter school sponsors, operators,
students, and parents to engage in topics related to charter schools.
The Institute may apply for and receive federal, state, or local agency grants for the purpose of fulfilling
its duties established in law.
Effect of Proposed Changes
The bill clarifies that an EPI program participant must satisfy certification requirements prior to
participating in field experiences not prior to enrolling in the program.
The bill authorizes the Institute to develop a professional learning system and design an alternative
teacher preparation program to enable certified teachers at charter schools to add on additional
coverages and endorsements to their certificates.
Professional Educator Certificate
Present Situation
A professional teaching certificate is valid for 5 school fiscal years and is renewable.
50
A professional
certificate is awarded to an applicant who meets the basic eligibility requirements for certification and
demonstrates mastery of:
51
General knowledge.
Subject area knowledge.
Professional preparation and education competence.
Acceptable means of demonstrating mastery of general knowledge include:
52
Achievement of passing scores on the general knowledge examination;
46
Section 1012.575, F.S.
47
Id.
48
Section 1004.88, F.S.
49
Section 1004.88(2)(a)-(g), F.S.
50
Section 1012.59(7)(a), F.S.
51
Section 1012.56(2)(g)-(i), F.S.
52
Section 1012.56(3), F.S. STORAGE NAME: h7039b.EEC PAGE: 9
DATE: 2/1/2024
Documentation of a valid professional standard teaching certificate issued by another state;
Documentation of a valid certificate issued by the National Board for Professional Teaching
Standards (NBPTS) or a national educator credentialing board approved by the SBE;
Documentation of two semesters of successful, full-time or part-time teaching in a Florida
College System (FCS) institution, state university, or private college or university that meets
certain criteria;
Achievement of passing scores on national or international examinations with comparable
verbal, writing, quantitative reasoning, and rigor as the general knowledge exam, including but
not limited to Graduate Record Examination; or
Documentation of receipt of a master’s or higher degree from an accredited postsecondary
educational institution that the DOE has identified as having a quality program resulting in a
baccalaureate degree or higher.
A school district that employs an individual who does not achieve passing scores on any subtest of the
general knowledge examination must provide information regarding the availability of state-level and
district-level supports and instruction to assist him or her in achieving a passing score. The requirement
of mastery of general knowledge must be waived for an individual who has been provided 3 years of
supports and instruction and who has been rated effective or highly effective for each of the last 3
years.
53
The acceptable means of demonstrating mastery of subject area knowledge include passing a subject
area or other alternative examination as approved by the SBE, having a valid teaching certificate from
another state, having a valid certificate from the NBPTS, or a passing score or program completion of a
specified defense language proficiency test or program.
54
A candidate for a professional certificate may demonstrate professional preparation and education
competence through the completion of a teacher preparation program and a passing score on the
corresponding professional education competency exam required by the SBE.
55
Other means include a
valid certification from another state, postsecondary teaching experience, or completion of a
professional learning certification program.
56
For the renewal of a professional certificate, applicants must earn a minimum of six college credits or
120 inservice points or a combination thereof, which must include at least one college credit or 20
inservice points in teaching students with disabilities. All renewal credits must be earned during the
validity period and prior to the expiration date of the current professional certificate.
57
In lieu of college
credit or inservice points, applicants may renew a subject area specialization by passing a state board
approved Florida-developed subject area examination.
58
Applicants who hold a professional certificate in any area of certification identified by SBE rule that
includes reading instruction or intervention for any students in kindergarten through grade 6, with a
beginning validity date of July 1, 2020, or thereafter, must earn a minimum of two college credits or 40
inservice points in evidence-based instruction and interventions grounded in the science of reading.
59
Effect of Proposed Changes
53
Section 1012.56(3), F.S. (flush left provision at the end of the subsection)
54
Section 1012.56(5), F.S., and r. 6A-4.002(4), F.A.C.
55
Florida Department of Education, Competencies and Skills Required for Teacher Certification in Florida, incorporated by reference
in rule 6A-4.0021, F.A.C.
56
Section 1012.56(6), F.S.
57
Section 1012.585(3), F.S. and Florida Department of Education, Florida Educator Certification Renewal Requirements,
https://www.fldoe.org/teaching/certification/renewal-requirements/ (last visited Jan. 24, 2024).
58
Section 1012.585(3)(b), F.S.
59
Section 1012.585(3)(f), F.S. The evidence-based instruction and interventions grounded in the science of reading must be
specifically designed for students with characteristics of dyslexia, including the use of explicit, systematic, and sequential approaches
to reading instruction, developing phonological and phonemic awareness, decoding, and implementing multisensory intervention
strategies. STORAGE NAME: h7039b.EEC PAGE: 10
DATE: 2/1/2024
The bill authorizes the use of a passing score, as determined by the DOE in rule, on the SAT, ACT, or
Classical Learning Test to satisfy the mastery of general knowledge requirement for educator
certification.
The bill provides that a teacher may request that her or his certificate be placed in inactive status. A
certificate that has been inactive may be reactivated upon application to the department. The bill
requires the DOE to establish, by rule, professional learning requirements as a condition of reactivating
a certificate that has been inactive for more than 1 year.
Certification of Adjunct Instructors
Present Situation
District school boards and charter school governing boards may adopt rules to allow for the issuance of
an adjunct teaching certificate to any applicant who fulfills the educator certificate eligibility criteria,
demonstrates subject matter expertise, and passes educator certification background screening
requirements.
60
Adjunct certificate holders are required to be used primarily as a strategy to enhance
the diversity of course offerings offered to all students.
61
An applicant is considered to have expertise in
the subject area to be taught if the applicant demonstrates sufficient subject area mastery through
passage of a subject area test or has achieved an industry certification in the subject area to be
taught.
62
Each adjunct teaching certificate is valid through the term of the annual contract between the educator
and the school district or charter school. An additional annual certification and an additional annual
contract may be awarded by the district or charter school at the district’s or charter school’s discretion
but only if the applicant is rated effective or highly effective during each year of teaching under adjunct
teaching certification. A school district and charter school may issue an adjunct teaching certificate for a
part-time or full-time teaching position; however, an adjunct teaching certificate issued for a full-time
teaching position is valid for no more than 5 years and is nonrenewable.
63
Effect of Proposed Changes
The bill removes obsolete language that states that each adjunct teaching certificate is valid through
the term of the annual contract between the educator and the school district or charter school and
references additional annual certification and annual contracts. The 5 year validity already in law makes
that language obsolete.
Teacher Recruitment and Retention
Present Situation
DOE Duties
The DOE, in cooperation with teacher organizations, district personnel offices, and schools, colleges,
and departments of all public and nonpublic postsecondary educational institutions, must concentrate
on the recruitment and retention of qualified teachers.
64
To assist school districts in teacher recruitment
the DOE must:
65
Develop and implement a system for posting teaching vacancies and establish a database of
teacher applicants that is accessible within and outside the state.
Advertise in major newspapers, national professional publications, and other professional
publications and in public and nonpublic postsecondary educational institutions, if needed.
60
Section 1012.57(1), F.S.
61
Section 1012.57(3), F.S.
62
Section 1012.57(1), F.S.
63
Section 1012.57 (4), F.S.
64
Section 1012.05(1), F.S.
65
Section 1012.05(2)(a)-(n), F.S. STORAGE NAME: h7039b.EEC PAGE: 11
DATE: 2/1/2024
Utilize state and nationwide toll-free numbers.
Conduct periodic communications with district personnel directors regarding applicants.
Provide district access to the applicant database by computer or telephone.
Develop and distribute promotional materials related to teaching as a career, if needed.
Publish and distribute information pertaining to employment opportunities, application
procedures, and all routes toward teacher certification in Florida, and teacher salaries.
Provide information related to certification procedures.
Develop and sponsor the Florida Future Educator of America Program throughout the state.
Identify best practices for retaining high-quality teachers.
Create guidelines and identify best practices for the mentors of first-time teachers and for new
teacher-support programs that focus on the professional assistance needed by first-time
teachers throughout the first year of teaching.
Develop and implement an online Teacher Toolkit that contains a menu of resources, based on
the state academic standards that all teachers can use to enhance classroom instruction and
increase teacher effectiveness, thus resulting in improved student achievement.
Establish a week designated as Educator Appreciation Week to recognize the significant
contributions made by educators to their students and school communities.
Notify each teacher, via e-mail, of each item in the General Appropriations Act and legislation
that affects teachers, including, but not limited to, the Florida Teachers Classroom Supply
Assistance Program, death benefits for teachers, substantive legislation, rules of the SBE, and
issues concerning student achievement.
Once the DOE has adopted the guidelines and identified best practices for the mentors of first-time
teachers and for new teacher-support programs that focus on the professional assistance needed by
first-time teachers throughout the first year of teaching, each school district must adopt policies based
on the DOE guidelines.
66
School districts are also required to electronically submit accurate public
school e-mail addresses for all instructional and administrative personnel to the DOE by September 15
and February 15 each school year.
67
Critical Teacher Shortage Areas
On or before January 31 of each year, the commissioner must recommend to the SBE for approval
68
the specific teaching areas and high priority locations in which critical teacher shortages are projected
for public schools in the following academic year.
69
The SBE must consider current and emerging
educational requirements and workforce demands in determining critical teacher shortage areas.
70
In
addition, data related to Florida public school instructional personnel must include, but not be limited
to:
71
the number and percentage of positions in each discipline filled by teachers not certified in the
appropriate field;
the annual supply of graduates of state approved Florida teacher education programs for each
discipline; and,
critical teacher shortage areas which may be identified pursuant to rules adopted by district
school boards which must be identified based on consideration of at least the information
specified in the prior two bullets and submitted to the DOE no later than June 1 of each year.
Based on data submitted annually by each school district, the commissioner must rank all public
schools and select from the ranked list those schools to be identified as high priority locations.
72
High
66
Section 1012.05(3)(a), F.S.
67
Section 1012.05(3)(b), F.S.
68
See Florida Department of Education, Identification of Critical Teacher Shortage Areas for 2022-23, available at
https://www.fldoe.org/core/fileparse.php/20042/urlt/7-2.pdf.
69
Section 1012.07, F.S.; see also r. 6A-20.0131, F.A.C.
70
Id.
71
Rule 6A-20.0131, F.A.C.
72
Id. STORAGE NAME: h7039b.EEC PAGE: 12
DATE: 2/1/2024
priority locations are those which are in high-density, low-economic urban schools; low density, low-
economic rural schools; and schools that earned a grade of “F” or three consecutive grades of “D”.
73
Advanced Degree Salary Supplement
Current law prohibits a district school board from considering advanced degrees in setting a salary
schedule for instructional personnel or school administrators hired on or after July 1, 2011, unless the
advanced degree is held in the individual’s area of certification and is only a salary supplement.
74
A
salary supplement is an annual addition to the base salary for the term of the negotiated supplement as
long as the employee continues his or her employment for the purpose of the supplement. A
supplement does not become part of the employee’s continuing base salary but must be considered
compensation.
75
Teacher Apprenticeship Program
In 2023, the Legislature created the Teacher Apprenticeship Program (TAP).
76
The TAP was created
as an alternative pathway for an individual to enter the teaching profession. The DOE is required to
administer the program in accordance with legislative intent regarding apprenticeship training
77
provided for in law.
To meet the minimum eligibility requirements to participate in the TAP, a candidate must have:
78
Received an associate degree from an accredited postsecondary institution.
Earned a cumulative grade point average (GPA) of 3.0 in that degree program.
Successfully passed a background screening pursuant to law.
Received a temporary apprenticeship certificate.
As a condition of participating in the TAP, an apprentice teacher must be appointed by the district
school board as an education paraprofessional and must commit to spending the first two years in the
classroom of a mentor teacher using team teaching strategies as specified in law
79
and fulfilling the on-
the-job training component of the registered apprenticeship and its associated standards.
80
A teacher who serves as a mentor in the TAP must:
81
Have at least 7 years of teaching experience in this state.
Be rated as highly effective in the three most recent value-added model (VAM) scores or on the
three most recent available performance evaluations if the teacher does not generate a state
VAM score.
Satisfy any other requirements established by the DOE.
Dale Hickam Excellent Teaching Program
The Dale Hickam Excellent Teaching Program was created to provide funding for bonuses for teaching
excellence.
82
The bonuses were provided for initial certification for up to one 10-year period. The DOE
was required to distribute to each school district an amount as prescribed annually by the Legislature
for the Dale Hickam Excellent Teaching Program. Bonuses were provided to teachers who attained the
73
Section 1012.07, F.S.
74
Section 1012.22(1)(c)3., F.S.
75
Section 1012.22(1)(c)1.g., F.S.
76
Section 6, ch. 2023-38, L.O.F., codified at s. 1012.555, F.S.; see also r. 6A-5.067, F.A.C.
77
Section 446.011, F.S. provides that it is the intent of the State of Florida to provide educational opportunities for its residents so that
they can be trained for trades, occupations, and professions suited to their abilities; to promote the mode of training known as
apprenticeship in occupations throughout industry in the state that require physical manipulative skills.
78
Section 1012.555, (2)(a)1.-4., F.S.
79
“Team teaching” or “co-teaching” means two or more teachers are assigned to a group of students and each teacher is responsible
for all of the students during the entire class period. Section 1003.03(5) (c), F.S.
80
Section 1012.555(2)(c) and (d), F.S.
81
Section 1012.555(3), F.S.
82
Section 1012.72, F.S. STORAGE NAME: h7039b.EEC PAGE: 13
DATE: 2/1/2024
National Board for Professional Teaching Standards (NBPTS) certification.
83
In 2008 and thereafter,
teaching candidates could still pursue the NBPTS certification, but at their own expense or with district
support.
84
Effect of Proposed Changes
The bill requires the SBE to develop strategies to address the critical teacher shortages areas identified
by the commissioner. Additionally, the bill requires the DOE, no later than December 1, 2024, to make
recommendations to the Governor and Legislature on policy and funding changes to enhance the
development and retention of exceptional student education instructional personnel. In developing the
recommendations, the commissioner must consider, but is not limited to, all of the following:
Alternative certification in place of the Elementary Education K-6 certificate as an add-on for
personnel certified in exceptional student education.
Financial incentives, including stipends for teacher education students, loan forgiveness, and
instructional personnel salary adjustments and supplements.
Strategies to encourage high school students to consider exceptional student education,
including through preapprenticeships and dual enrollment.
Funding under the Florida Education Finance Program (FEFP) to support school district
exceptional student education personnel and programs.
Innovative staffing, including teacher mentoring and supports for certified personnel
responsibilities for case management and for instruction.
The bill authorizes school districts to develop and adopt their own policies relating to mentors and
support for first-time teachers. The bill also reduces, from twice a year to once a year, the number of
times school districts must electronically submit all instructional and administrative personnel e-mail
addresses to the DOE. School districts will now be required to electronically submit the e-mail
addresses by September 15, annually.
The bill authorizes a school district to use advanced degrees when setting salary schedules for
instructional personnel or school administrator if the advanced degree is in the individual’s area of
certification.
The bill expands eligibility for the TAP by aligning the GPA requirements for the TAP with the GPA
requirements for the professional certificate.
85
The bill clarifies that the TAP is at least two years long
but may be longer, if needed. The bill also reduces the teaching experience requirement for a mentor
teacher in the TAP from 7 to 5 years.
The bill repeals the Dale Hickam Excellent Teaching Program.
Assignment of Teachers
Present Situation
A school district is prohibited from assigning a higher percentage than the district average of
temporarily certified teachers, teachers in need of improvement, or out-of-field teachers to schools that
are graded “D” or “F.”
86
A school district may assign an individual newly hired as instructional personnel
to a school that has earned a grade of “F” in the previous year or any combination of three consecutive
grades of “D” or “F” in the previous 3 years pursuant if the individual:
87
83
Section 1012.72(1), F.S.
84
Section 14, ch. 2008-142, L.O.F.; see also Florida Department of Education, Recommendations to Reduce Regulation in Public
Schools (Nov. 1, 2023), at 22, available at
https://www.flsenate.gov/Committees/Show/ED/MeetingPacket/5953/10483_MeetingPacket_5953_2.pdf.
85
Section 1012.56(2)(c), F.S., requires that each applicant seeking initial certification must have attained at least a 2.5 overall grade
point average on a 4.0 scale in the applicant’s major field of study.
86
Section 1012.2315(2)(a), F.S.
87
Section 1012.2315(2)(b)1., F.S. STORAGE NAME: h7039b.EEC PAGE: 14
DATE: 2/1/2024
Has received an effective rating or highly effective rating in the immediate prior year’s
performance evaluation;
Has successfully completed or is enrolled in a teacher preparation program or a teacher
preparation program specified in SBE rule, is provided with high quality mentoring during the
first 2 years of employment, holds a certificate, and holds a probationary contract; or
Holds a probationary contract and has successful teaching experience, and if, in the judgment
of the school principal, students would benefit from the placement of that individual.
Florida defines an “Ineffective Teacher,” “Inexperienced Teacher” and “Out-of-Field Teacher” as the
following:
88
Ineffective Teacher: A teacher who has received a summative performance evaluation rating of
unsatisfactory.
Inexperienced Teacher: A teacher who has been teaching less than 3 years or a teacher who
holds a Temporary Certificate.
89
Out-of-Field Teacher: A teacher assigned as the primary instructor for a course in a subject for
which the teacher is not appropriately qualified based on the requirements articulated in the
Course Code Directory.
In 2023, the Legislature passed HB 1 (Ch. 2023-16, L.O.F.) increasing the validity period of the
temporary certificate to 5 school fiscal years. Therefore, under current law there may be individuals
teacher under a temporary certificate that are no longer considered “inexperienced teachers.”
In recruiting high-quality teachers to low-performing schools, school district collective bargaining
provisions may not preclude a school district from providing incentives and assigning teachers to their
low-performing schools.
90
Effect of Proposed Changes
The bill defines an inexperienced teacher as a teacher with 3 or fewer years of experience.
Additionally, the bill shifts from temporarily certified teachers to inexperienced teachers for the
prohibition on school districts assigning a higher percentage to schools graded “D” or “F” than the
school district average. This provides additional flexibility to school districts in the appointment of
effective teachers on a temporary certificate.
The bill specifies that school district collective bargaining provisions may not preclude a district from
providing incentives, including from federal funding.
School Teacher Collective Bargaining
Present Situation
The State Constitution guarantees that “the right of employees, by and through a labor organization, to
bargain collectively shall not be denied or abridged.”
91
To implement this constitutional provision, the
Legislature enacted statutory provisions providing that the purpose of collective bargaining is to
promote cooperative relationships between the government and its employees and to protect the public
by assuring the orderly and uninterrupted operations and functions of government.
92
Public employees
have the right to form, join, participate in, and be represented by an employee organization of their own
choosing, or to refrain from forming, joining, participating in, or being represented by an employee
88
Florida Department of Education, Every Student Succeeds Act (ESSA) State Plan, (September 24, 2018), available at
https://www.fldoe.org/core/fileparse.php/14196/urlt/FL-ESSA-StatePlan.pdf, (last visited Jan. 24, 2024).
89
Florida Department of Education, Every Student Succeeds Act (ESSA) State Plan, (September 24, 2018), available at
https://www.fldoe.org/core/fileparse.php/14196/urlt/FL-ESSA-StatePlan.pdf, (last visited Jan. 24, 2024). In 2018, at the time of the
ESSA state plan submission, Florida’s temporary certificate was valid for three school fiscal years.
90
Section 1012.2315, (4) F.S.
91
Art. 1, s. 6, Fla. Const.
92
Section 447.201, F.S. STORAGE NAME: h7039b.EEC PAGE: 15
DATE: 2/1/2024
organization.
93
Regardless of union membership, each employee is subject to the negotiated collective
bargaining agreement that is applicable to the employee’s position. Through collective bargaining,
public employees
94
collectively negotiate with their public employer
95
in the determination of the terms
and conditions of their employment.
96
The Public Employees Relations Commission is responsible for
assisting in resolving disputes between public employees and public employers.
97
The certified bargaining agent and the chief executive of the public employer must bargain collectively
and in good faith in the determination of wages, hours, and terms and conditions of employment of the
employees.
98
Any collective bargaining agreement reached between the parties must be put in writing
and signed by the chief executive officer and the bargaining agent.
99
Such agreement is not binding on
the employer until the agreement has been ratified by the employer and the employees in the
bargaining unit.
100
A district school board or charter school governing board that is unable to meet the annual reporting
requirements of classroom teacher and other instructional personnel salary increase due to a collective
bargaining impasse must provide written notification to the department or the district school board, as
applicable, detailing the reasons for the impasse with a proposed timeline and details for a
resolution.
101
Certified Bargaining of Educational Personnel
Through the process of collective bargaining, a number of teacher unions have negotiated provisions
that go beyond the wages, hours, and terms and conditions of employment of the employees. For
example, in Miami-Dade Public Schools and the United Teachers of Dade agreement, the United
Teachers of Dade requested the creation of the following joint tasks:
102
School Calendar – where the parties agree to discuss the development of all aspects of the
official school calendar for each year of the contract through a joint Calendar Committee.
Francisco R. Walker Teacher of the Year Task Force –The task is to determine the Francisco R.
Walker Miami-Dade County Teacher of the Year.
Reports and Forms Control Task Force -- The committee reviews procedures for eliminating,
revising, reducing, or consolidating paperwork and data collection requirements within the
school district and will submit an annual report of its findings to the Superintendent and the UTD
President or Designee by May 1.
Education Facilities Planning Committee – where the committee consisting of union members is
involved in the various design stages on new school facilities.
93
Section 447.301(1) and (2), F.S.
94
Section 447.203(3), F.S., defines the term “public employee” to mean any person employed by a public employer except for
specified exceptions, including Governor appointments, elected officials, employer negotiating representatives, specified managerial
or confidential employees, employees of the Florida Legislature, inmates, specified vegetable inspectors, PERC employees, and part-
time student workers at a state university.
95
The term “public employer” means the state or any county, municipality, or special district or any subdivision or agency thereof that
the commission determines has sufficient legal distinctiveness properly to carry out the functions of a public employer. Section
447.203(2), F.S.
96
Section 447.301(2), F.S.
97
Section 447.201(3), F.S.
98
Section 447.309(1), F.S.
99
Id.
100
Id.
101
Section 1011.62(14)(e), F.S.
102
Miami Dade County Public Schools, Miami-Dade County Public Schools and the United Teachers of Dade Contract, at 171,
https://www.hrdadeschools.net/ourpages/auto/2018/6/12/49100089/UTD%20-%202022-2023%20%20Reopener%20Contract%20-
%20Effective%20July%201%202022%20-%20June%2030%202023.pdf?rnd=1677258385309, (last visited Jan. 24, 2024). STORAGE NAME: h7039b.EEC PAGE: 16
DATE: 2/1/2024
The contract between the School Board of Orange County and the Orange County Classroom
Teachers Association created Faculty Advisory Committees at each school, which provide feedback
on:
103
A rotation plan composed of available staff to substitute in case of emergency.
The purchase and distribution of instructional equipment, materials and supplies.
Student discipline plans, which may include guidelines for referral of students into alternative
education settings.
The disposition of discipline referrals in a timely manner.
Additional safeguards to deal with acts of violence, including those involving weapons, and
procedures for notification of teachers when their students have been found to have carried a
weapon on campus.
Other concerns of the faculty which may result in a smoother operation of the school.
Any school-wide drives or collection of money which involve teachers may not be approved until
they have been discussed with the Faculty Advisory Committee.
Effect of Proposed Changes
The bill provides that collective bargaining between school districts and teachers unions may not
preclude a district school board from carrying out its constitutional and statutory duties related to the
following:
Providing incentives to effective and highly effective teachers.
Implementing intervention and support strategies to address the causes of low student
performance and improve student academic performance and attendance.
Implementing student discipline provisions required by law, including a review of a student’s
abilities, past performance, behavior, and needs.
Implementing school safety plans and requirements.
Implementing staff and student recognition programs.
Distributing correspondence to parents, teachers, and community members related to the daily
operation of schools and the district.
Providing any required notice or copies of information related to the district school board or
district operations which is readily available on the school district’s website.
The school district’s calendar.
Additionally, the bill requires that if district school superintendent appears before the SBE to provide an
update on an impasse, the state board must require that the president of the school district bargaining
unit also appear.
Finance and Budget
Present Situation
The Florida Legislature established the FEFP in 1973 to equalize funding for educational programs and
services for all students in the K-12 public school system, regardless of geographic or local economic
factors.
104
The FEFP is the primary mechanism for funding the operating costs of Florida school
districts.
105
Charter schools also receive funding through the FEFP. Students enrolled in a charter school,
regardless of the sponsorship, are funded as if they are in a basic program or a special program, the
same as students enrolled in other public schools in a school district.
106
103
Orange County Public Schools and the Orange County Classroom Teachers Association Contract, at 97, https://cdnsm5-
ss15.sharpschool.com/UserFiles/Servers/Server_54619/File/Departments/Human%20Resources/Labor%20Relations/CTA/CTA%20C
ontract%2022-23%20--%20FINA L.pdf, (last visited Jan. 24, 2024).
104
Section 1011.62, F.S.; Florida Department of Education, 2022-23 Funding for Florida School Districts, (2022), at 4, available at
http://www.fldoe.org/core/fileparse.php/7507/urlt/Fefpdist.pdf.
105
Id.
106
Section 1002.33(17), F.S. STORAGE NAME: h7039b.EEC PAGE: 17
DATE: 2/1/2024
Financial Accounting and Expenditures
All funds accruing to a school district must be received, accounted for, and expended in compliance
with state laws and rules of the SBE.
107
For example, district school boards are prohibited from using
funds to purchase transportation equipment and supplies at prices which exceed those determined by
the DOE to be the lowest which can be obtained.
108
At least monthly, school district superintendents are
required to submit a financial statement to the DOE in a format specified by the SBE.
109
Charter schools are exempt from this requirement.
110
School Board Discretionary Millage Levy
Each district school board is authorized to levy 1.5 mills against the taxable value for public school
purposes to fund specific needs as identified in law, including, for example:
111
New construction, remodeling projects, sites and site improvement or expansion to new sites,
existing sites, auxiliary facilities, athletic facilities, or ancillary facilities.
Payments for educational facilities and sites due under a lease-purchase agreement.
Payment of costs of leasing relocatable educational facilities, of renting or leasing educational
facilities and sites, or of renting or leasing buildings or space within existing buildings.
In addition, a district school board may expend up to $175 per unweighted full-time equivalent (FTE)
student from the revenue generated by the millage levy to fund expenses for:
112
The purchase, lease-purchase, or lease of driver's education vehicles; motor vehicles used for
the maintenance or operation of plants and equipment; security vehicles; or vehicles used in
storing or distributing materials and equipment.
Payment of the cost of premiums property and casualty insurance necessary to insure school
district educational and ancillary plants.
District school boards raised $3,453,738,766.07 in revenues through 1.5-mill levies in the 2021-2022
fiscal year.
113
To raise funds for capital outlay purposes, district school boards are also authorized to:
Sell bonds for capital outlay projects to be repaid from local property taxes.
114
Levy a sales surtax of up to 0.5 percent for fixed capital outlay purposes if approval is obtained
by referendum.
115
Levy up to 0.25 mills for fixed capital outlay in lieu of levying an equivalent amount of the 0.748
discretionary operating millage for operations.
116
Effect of Proposed Changes
Financial Accounting and Expenditures
107
Section 1010.02, F.S.
108
Section 1011.68(4), F.S.
109
Rule 6A-1.008, F.A.C.
110
Section 1002.33(16), F.S.
111
Section 1011.71(2), F.S.
112
Section 1011.71(6), F.S.
113
Florida Department of Education, Finance Data Base: Fiscal Year 2022-2023, at 45, available at
https://www.fldoe.org/core/fileparse.php/7507/urlt/StateTotalBUD2223.pdf.
114
Florida Department of Education, 2022-2023 Funding for Florida School Districts, at 9, available at
https://www.fldoe.org/core/fileparse.php/7507/urlt/fefpdist.pdf. See Art. VII, s. 12, Fla. Const., s. 200.001(3)(e), F.S., and ss. 1010.40
through 1010.55, F.S.
115
Florida Department of Education, 2022-2023 Funding for Florida School Districts, at 11, available at
https://www.fldoe.org/core/fileparse.php/7507/urlt/fefpdist.pdf. See s. 212.055(6), F.S.
116
Florida Department of Education, 2022-2023 Funding for Florida School Districts, at 9, available at
https://www.fldoe.org/core/fileparse.php/7507/urlt/fefpdist.pdf. See s. 1011.71(1), F.S. STORAGE NAME: h7039b.EEC PAGE: 18
DATE: 2/1/2024
The bill requires the SBE to adopt rules to establish criteria for determining the financial status of
school districts for financial reporting. The bill specifies a school district may be subject to varying
reporting frequencies based on its financial status, as determined by SBE rule. Such reporting
variances should require a school district identified as having a financial concern to submit monthly
financial reports and a school district not identified as having a financial concern to submit financial
reports no more often than once every quarter.
The bill provides that a school district that is unable to purchase transportation equipment and supplies
at the prices identified by the DOE must request assistance from the DOE with purchasing at such
prices. The school district may exceed such prices if the DOE is unable to assist the school district with
its purchase.
School Board Discretionary Millage Levy
The bill raises the cap to $200 per unweighted FTE student for the purchase, lease-purchase, or lease
of certain district school board vehicles and property and casualty insurance on school district
educational and ancillary plants, from $175 per unweighted FTE student.
Facilities Planning
Present Situation
State Requirements for Educational Facilities
Florida school construction is guided by three major authorities. The Florida Building Code governs all
construction in the state and is administered by the Florida Building Commission at the Department of
Business and Professional Regulation.
117
The Florida Building Code includes specifications for
enhanced hurricane protection areas and electrical and standby emergency power systems.
118
The
Florida Fire Prevention Code is administered by the Division of State Fire Marshal, at the Department
of Financial Services. The third major authority governing school construction in the state is the State
Requirements for Educational Facilities (SREF), which is maintained by the DOE.
119
The requirements
of the three authorities tend to increase the cost of construction in the state relative to national
averages.
120
Charter schools are not required to comply with SREF.
121
The SREF is the uniform statewide building code for the planning and construction of public
educational facilities and ancillary plants.
122
District school boards must adhere to the SREF when
planning and constructing new facilities. Generally, SREF standards are premised on providing
enhanced safety for occupants and increasing the life span of the extensive, publicly funded
infrastructure of Florida’s public school districts.
123
Florida law provides school districts with the
flexibility to adopt, through resolution, a number of exceptions to SREF requirements. Exceptions
117
Section 553.73, F.S. The Florida Building Code, 7
th
Edition (2020) has been adopted by the Florida Building Commission. Rule
61G20-1.001, F.A.C.
118
Sections 453.25.1.1 and 453.25.5, Florida Building Code, 7
th
Edition (2020).
119
Rule 6A-2.0010, F.A.C.
120
Florida Department of Education, Review and Adjustment for Florida’s Cost per Student Station (January 1, 2020), at 14, available
at http://www.fldoe.org/core/fileparse.php/7738/urlt/2020AnnCSSR.pdf.
121
Section 1002.33(18), F.S.
122
The State Requirements for Educational Facilities (SREF) is incorporated in Rule 6A-2.0010, F.A.C., and is available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-04664. The SREF is applicable to all public educational facilities and plants:
pre-kindergarten (pre-K) through grade 12, including conversion charter schools; area vocational educational schools; area
vocational/technical centers; adult education; Florida colleges and universities; the Florida School for the Deaf and the Blind (FSDB),
where referenced; ancillary plants; relocatables; factory-built structures, reconstructable facilities, modular buildings and
manufactured buildings; lease and lease-purchase; and new construction, remodeling, renovation, improvements and site-development
projects. Id. The SREF does not apply to charter schools. Section 1002.33(18), F.S.
123
See, e.g., s. 1013.12, F.S. (casualty, safety, sanitation, and fire safety standards and inspection of property) and s. 1013.451, F.S.
(life-cycle cost comparison). STORAGE NAME: h7039b.EEC PAGE: 19
DATE: 2/1/2024
include, for example, specifications for site lighting or the use of wood studs in interior nonload-bearing
walls.
124
The DOE, in consultation with school boards and county and state emergency management offices, is
required to develop public shelter design criteria that are incorporated as standards into the Florida
Building Code. These criteria must be designed to ensure that appropriate new educational facilities
can serve as public shelters for emergency management purposes.
125
In addition to the requirement to
construct emergency shelters as needed, district school boards in an emergency area are required to
provide access to facilities and necessary personnel to staff such facilities.
126
If a regional planning council in which the county is located does not have a hurricane evacuation
shelter deficit as determined by the Division of Emergency Management (DEM), educational facilities
within the planning council region are not required to incorporate the public shelter criteria.
127
By
January 31 of each even-numbered year, the DEM must prepare and submit a statewide emergency
shelter plan to the Governor and Cabinet for approval.
128
After the approval of a plan, a district school
board may not be required to build more emergency-shelter space than identified as needed in the
plan.
129
Educational Facilities Contracting
District school boards may employ procedures to contract for construction of new facilities, or for
additions, remodeling, renovation, maintenance, or repairs to existing facilities, which include, but are
not limited to, day-labor contracts not exceeding $280,000 for construction, renovation, remodeling, or
maintenance of existing facilities. This amount is adjusted annually based upon changes in the
Consumer Price Index (CPI).
130
A "day-labor contract” means a project constructed using persons
employed directly by a board or by contracted labor.
131
Educational Facilities
For changes in construction requirements after the award of contract, a board may authorize the
superintendent or president or other designated individual to approve change orders in the name of the
board for preestablished amounts.
132
Approvals must be for the purpose of expediting the work in
progress and be reported to the board and entered in its official minutes. The district school board is
required to monitor and report the impact of change orders on its district educational facilities plan.
133
District school boards are required to reduce the use of relocatables, and the Office of Educational
Facilities within the DOE is required to monitor school board facilities work programs to measure the
district commitment in reducing the use of relocatables.
134
The SBE is required to adopt rules which
establish the standards for relocatables intended for long-term use
135
as classroom space at a public
elementary school, middle school, or high school.
136
The standards must protect the health, safety, and
welfare of occupants by requiring compliance with the Florida Building Code or the SREF for existing
relocatables, as applicable, to ensure the safety and stability of construction and onsite installation; fire
124
See s. 1013.385(2), F.S.
125
Section 1013.372(1), F.S.
126
Section 252.38(1)(d), F.S.
127
Section 1013.372(1), F.S.
128
Section 1013.372(2), F.S.
129
Id.
130
Section 1013.45(1)(e), F.S.
131
Section 1013.45(2), F.S.
132
Section 1013.48, F.S. Unless otherwise specified, for the purposes of ch. 1013, F.S., “board” means a district school board, a
Florida College System institution board of trustees, a university board of trustees, and the Board of Trustees for the Florida School
for the Deaf and the Blind. Section 1013.01(3), F.S.
133
Section 1013.48, F.S.
134
Section 1013.21, F.S.
135
Section 1013.20, F.S. “Long-term use” is defined as the use of relocatables at the same educational plant for a period of four years
or more.
136
Section 1013.20(1), F.S. STORAGE NAME: h7039b.EEC PAGE: 20
DATE: 2/1/2024
and moisture protection; air quality and ventilation; appropriate wind resistance; and compliance with
the requirements of the Americans with Disabilities Act of 1990. If appropriate and where relocatables
are not scheduled for replacement, the standards must also require relocatables to provide access to
the same technologies available to similar classrooms within the main school facility and, if appropriate,
and where relocatables are not scheduled for replacement, to be accessible by adequate covered
walkways. District school boards are required to submit annual progress reports on a plan for the use of
existing relocatables.
137
Relocatables that fail to meet standards for relocatables after completion of the
approved plan may not be used as classrooms.
A district school board may rent or lease educational facilities for one year or less, which should be
funded through the operations budget or millage proceeds.
138
Extensions or renewals of such leases
become multiple-year leases and can also be funded through operational funds or millage proceeds.
139
Additionally, a school board is authorized to lease-purchase educational facilities and sites.
140
The term
of any lease-purchase agreement, including the initial term and any subsequent renewals, may not
exceed the useful life of educational facilities and sites for which the agreement is made, or 30 years,
whichever is less.
141
Educational facilities and sites being acquired pursuant to a lease-purchase
agreement are exempt from ad valorem taxation.
142
A board may construct or place educational facilities and ancillary facilities on land that is owned by any
person after the board has acquired from the owner of the land a long-term lease for the use of this
land for a period of not less than 40 years or the life expectancy of the permanent facilities constructed
thereon, whichever is longer.
143
Construction of educational facilities funded through an educational
facilities benefit district or community development district is also subject to the minimum lease term
requirement.
144
Educational Plant Survey
Florida law includes systemwide definitions related to educational facilities.
145
An “educational plant
survey” is a systematic study of present educational and ancillary plants and the determination of future
needs to provide an appropriate educational program and services for each student based on projected
capital outlay FTE's approved by the DOE.
146
The “educational plant” comprises the educational
facilities, site, and site improvements necessary to accommodate students, faculty, administrators,
staff, and the activities of the educational program of each plant.
147
“Educational facilities” are the buildings and equipment, structures, and special educational use areas
that are built, installed, or established to serve primarily the educational purposes and secondarily the
social and recreational purposes of the community.
148
“Auxiliary facilities” are the spaces located at
educational plants which are not designed for student occupant stations.
149
The “ancillary plant” is
comprised of the building, site, and site improvements necessary to provide such facilities as vehicle
maintenance, warehouses, maintenance, or administrative buildings necessary to provide support
services to an educational program.
150
137
Id.
138
Section 1013.15(2)(a), F.S.
139
Id.
140
Section 1013.15(2)(b), F.S.
141
Section 1013.15(2)(c)1., F.S.
142
Id.
143
Section 1013.16, F.S.
144
Section 1013.356, F.S.
145
See s. 1013.01, F.S.
146
Section 1013.01, F.S.
147
Section 1013.01(7), F.S.
148
Section 1013.01(6), F.S.
149
Section 1013.01(2), F.S.
150
Section 1013.01(1), F.S. STORAGE NAME: h7039b.EEC PAGE: 21
DATE: 2/1/2024
At least every 5 years, each board
151
is required to arrange for an educational plant survey to aid in
formulating plans for housing the educational program and student population, faculty, administrators,
staff, and auxiliary and ancillary services of the district or campus, including consideration of the local
comprehensive plan.
152
The plant survey and the facilities work program are reviewed in the
preparation of interlocal agreements between school boards and local governments.
153
A survey recommendation is not required when a district uses local funds for educational, auxiliary, and
ancillary plant capital outlay purposes:
154
Even though the recommendation may not be required, the
school district’s survey must be submitted as a part of the district educational facilities plan.
155
The DOE is required to conduct an onsite review of five percent of the facilities reported for each school
district completing a new survey that year.
156
If the DOE’s review finds the data reported by a district is
less than 95 percent accurate, within 1 year from the time of notification by the DOE the district must
submit revised reports correcting its data. If a district fails to correct its reports, the commissioner may
direct that future fixed capital outlay funds be withheld until such time as the district has corrected its
reports so that they are not less than 95 percent accurate.
157
The DOE is also annually required to perform an in-depth analysis of a representative sample of each
survey of recommended needs for five districts selected by the commissioner from among districts with
the largest need-to-revenue ratio. The need-to-revenue ratio is determined by dividing the total 5-year
cost of projects listed on the district survey by the total 5-year fixed capital outlay revenue projections
from state and local sources as determined by the DOE.
158
The commissioner is authorized to direct
fixed capital outlay funds provided from general revenue or from state trust funds to be withheld from
districts until such time as the survey accurately projects facility’s needs.
159
District school boards are required to periodically update their inventory of educational facilities via the
Florida Inventory of School Houses as new capacity becomes available and as unsatisfactory space is
eliminated.
160
Cost Per Student Station Limitation
In Florida, construction costs for traditional K-12 public school facilities are reported based on the cost
per student station.
161
In 2005, the DOE conducted a study on overall inflation of school construction
costs, including the CPI and other factors. The cost per student station levels adopted in 2006 were
based on the DOE’s study recommendations and is adjusted to reflect increases and decreases in the
CPI.
162
The DOE and the Office of Economic and Demographic Research (EDR)
163
are required to work
together to calculate and disseminate new statutory caps.
164
151
“Board,” unless otherwise specified, means a district school board, a Florida College System institution board of trustees, a state
university board of trustees, and the Board of Trustees for the Florida School for the Deaf and the Blind. Section 1013.01(3), F.S. It
does not include charter school governing boards.
152
Section 1013.31(1), F.S.
153
Section 163.31777(2)(e)-(f) and (4), F.S.
154
Id. at (a) and (d).
155
Section 1013.31(1)(c)1., F.S.
156
Id.
157
Id.
158
Section 1013.31(1)(d), F.S.
159
Id.
160
Section 1013.31(1)(e), F.S.
161
Section 1013.64(6), F.S.
162
Office of Economic and Demographic Research, Review of Florida’s Cost Per Student Station (January 2017), at 6, available at
http://edr.state.fl.us/content/special-research-projects/education/CostPerStudentStation.pdf.
163
The Office of Economic and Demographic Research is a research arm of the Legislature principally concerned with forecasting
economic and social trends that affect policy making, revenues, and appropriations. Office of Economic and Demographic Research,
Welcome, http://edr.state.fl.us/Content/ (last visited January 24, 2024).
164
Section 1013.64(6)(b)1., F.S. STORAGE NAME: h7039b.EEC PAGE: 22
DATE: 2/1/2024
The forecast by EDR for the July 2023 cost per student station limits are:
165
$27,455 for an elementary school.
$29,648 for a middle school.
$38,511 for a high school.
Except for certain educational facilities and sites subject to a lease-purchase agreement that may be
paid for by a district school board levy,
166
or funded solely through local impact fees, a district school
board may not use funds from any sources for new construction of educational plant space with a total
cost per student station that exceeds these amounts.
167
The cost per student station includes, for
example, contract costs, fees of architects and engineers, and the cost of furniture and equipment.
168
The cost per student station specifically does not include the cost of purchasing or leasing the site for
the construction, legal and administrative costs, the cost of related site or offsite improvements, and
costs for school safety and hardening items and other capital construction items approved by the
school safety specialist to ensure building security for new educational, auxiliary, or ancillary
facilities.
169
An unfinished construction project for new construction of educational plant space that was started on
or before July 1, 2026, is exempt from the total cost per student station requirements.
170
Effect of Proposed Changes
State Requirements for Educational Facilities
The bill clarifies the authority of district school boards to adopt exceptions to SREF, provided that any
exceptions to requirements for public shelter design criteria, when applicable, remain subject to the
concurrence of the applicable local emergency management agency or the DEM. The bill provides that
a district school board may not be required to build more emergency-shelter space than identified as
needed in the statewide emergency shelter plan.
The bill updates emergency response requirements to replace the requirement for district school
boards to staff emergency facilities with the requirement to provide staff necessary to access such
facilities, or to perform other duties related to the facilities subject to the county emergency
management plan.
Educational Facilities Contracting
The bill raises the cap of day-labor contracts for construction, renovation, remodeling, or maintenance
of existing facilities from $280,000 to $600,000.
Educational Facilities
The bill removes the requirement for the district school board to monitor and report the impact of
change orders on its district educational facilities plan.
The bill repeals outdated requirements regarding the reduction in relocatables and the required annual
progress report on relocatables a district school board must submit.
165
Office of Economic and Demographic Research, Student Station Cost Factors (July 2022), available at
http://edr.state.fl.us/Content/conferences/peco/studentstation.pdf.
166
Section 1011.71(2)(e), F.S., sets forth the guidelines for authorized district school board lease-purchase agreements.
167
Section 1013.64(6)(b)3., F.S.
168
Section 1013.64(6)(d), F.S.
169
Id. Such safety improvements include the cost for securing entries, checkpoint construction, lighting specifically designed for entry
point security, security cameras, automatic locks and locking devices, electronic security systems, fencing designed to prevent intruder
entry into a building, or bullet-proof glass. Id.
170
Section 1013.64(6)(e), F.S. STORAGE NAME: h7039b.EEC PAGE: 23
DATE: 2/1/2024
The bill also broadens the scope of properties a district school board can lease or lease-purchase to
include educational plants, ancillary plants, and auxiliary facilities instead of only educational facilities.
This allows district school boards to engage in lease or lease-purchase agreements for a wider range
of properties related to educational services.
The bill removes the requirement that a board must acquire a lease of at least 40 years to construct or
place a facility, but retains the requirement that the lease be as long as the expected lifespan of the
facility.
Educational Plant Survey
The bill removes the requirement for each district school board to complete an educational plant
survey. Accordingly, the bill also removes the requirement for the DOE to review and analyze
educational plant surveys submitted by district school boards.
To enable the distribution of state funds for fixed capital outlay purposes, the bill maintains the
requirement for district school boards to periodically update their inventory of educational facilities as
new capacity becomes available and as unsatisfactory space is eliminated. The bill authorizes the
commissioner to condition state fixed capital outlay funds on a district school board’s submission of an
educational plant survey that accurately projects facilities needs as indicated by the Florida Inventory of
School Houses, as compared with the district's capital outlay full-time equivalent enrollment.
Cost Per Student Station Limitation
The bill extends the exemption from cost per student station limitation for an unfinished construction
project for new construction of educational plant space to construction started on or before July 1,
2028. An additional 2 years beyond the current exemption.
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.
171
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.
172
FCS institution presidents and the heads of each major administrative division shall be
evaluated annually on the progress made toward meeting the goals and objectives of the FCS
institution’s employment accountability plan.
173
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.
174
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.
175
No law requires such a report of Florida’s public K-12 institutions or state university system
institutions.
176
Effect of Proposed Changes
171
Section 1012.86(1), F.S.
172
Id.
173
Section 1012.86(3), F.S.
174
Section 1012.86(2), F.S.
175
Section 1012.86(4), F.S.
176
Florida Department of Education, Recommendations to Reduce Regulation in Public Schools (Nov. 1, 2023), at 22, available at
https://www.flsenate.gov/Committees/Show/ED/MeetingPacket/5953/10483_MeetingPacket_5953_2.pdf. STORAGE NAME: h7039b.EEC PAGE: 24
DATE: 2/1/2024
The bill repeals the reporting requirement for FCS institutions to place them on equal footing with other
educational institutions in Florida.
Electronic Transactions
Present Situation
Each district school board, FCS institution board of trustees, and university board of trustees is required
to adopt written policies prescribing the accounting and control procedures under which any funds
under their control are allowed to be moved by electronic transaction for any purpose including direct
deposit, wire transfer, investment, or payment.
177
All public institution electronic transactions must
comply with electronic commerce state laws.
178
The Department of Management Services (DMS), in
consultation with governmental agencies (i.e. district school boards), is authorized to make certain
specifications for the use of electronic records and electronic signatures by governmental agencies.
179
Effect of Proposed Changes
The bill excludes district school boards from the requirement to consult with the DMS when establishing
acceptance and usage standards for electronic records and electronic signatures. This authorizes
district school boards to establish their own acceptance and usage standards for electronic records and
electronic signatures without consultation with the DMS.
B. SECTION DIRECTORY:
Section 1: Amends s. 200.065, F.S.; requiring a district school board to advertise its intent to adopt
a tentative budget on a publicly available website if the district school board does not
advertise such intent in a newspaper of general circulation; defining the term "publicly
accessible website"; requiring certain information relating to a postponed hearing to be
posted on a school district website under certain circumstances.
Section 2: Amends s. 252.38, F.S.; revising the requirements for certain district school boards
during declared state or local emergencies and at the request of specified entities.
Section 3: Amends s. 316.173, F.S.; revising requirements for signage that must be posted on
certain school buses; providing an additional use for specified civil penalties.
Section 4: Amends s. 1001.372, F.S.; revising the ways due public notice may be met for district
school board meetings.
Section 5: Amends s. 1001.49, F.S.; revising the general powers of district school superintendents
to include establishing a process for the review and approval of certain policies and
procedures through the delegated authority of district school boards.
Section 6: Amends s. 1002.20, F.S.; revising a requirement relating to how a parent is informed of
placement of a student in a specified program; revising a requirement relating to how a
parent is informed of a student's suspension; deleting a requirement that an economic
security report of employment and earning outcomes be provided to students.
Section 7: Amends s. 1002.55, F.S.; requiring newly hired prekindergarten instructors to complete
specified training within a certain timeframe; deleting obsolete language.
Section 8: Amends s. 1003.53, F.S.; authorizing district school boards to adopt a policy relating to
parental notification methods; providing requirements for such policy.
177
Section 1010.11, F.S.
178
Regulations for electronic commerce can be found in chapter. 668, Florida Statutes.
179
Section 668.50(18)(b), F.S. STORAGE NAME: h7039b.EEC PAGE: 25
DATE: 2/1/2024
Section 9: Amends s. 1004.85, F.S.; revising the requirements for participants in certain educator
preparation programs.
Section 10: Amends s. 1004.88, F.S.; authorizing the Florida Institute for Charter School Innovation
to develop a professional learning system.
Section 11: Repeals s. 1006.025, F.S., relating to guidance services.
Section 12: Amends s. 1006.09, F.S.; authorizing district school boards to adopt a policy relating to
parental notification methods; providing requirements for such policy.
Section 13: Amends s. 1010.02, F.S.; providing financial reporting requirements for certain school
districts.
Section 14: Amends s. 1010.11, F.S.; providing that school districts are exempt from certain
requirements relating to electronic transfer of funds.
Section 15: Amends s. 1011.03, F.S.; requiring a district school board to publish its tentative budget
on a publicly accessible website; deleting a requirement for a district school board to
publish its tentative budget in a newspaper or at a courthouse under certain
circumstances.
Section 16: Amends s. 1011.68, F.S.; requiring certain school districts to request specified
assistance from the Department of Education relating to the purchase of transportation
equipment and supplies; authorizing such school districts to purchase such equipment
and supplies at specified prices under certain circumstances.
Section 17: Amends s. 1011.71, F.S.; revising the amount of funds school districts may expend from
specified revenue and for certain purposes.
Section 18: Amends s. 1012.05, F.S.; authorizing, rather than requiring, district school boards to
base certain polices on guidelines from the department; revising the frequency with
which school districts must submit certain information to the department.
Section 19: Amends s. 1012.07, F.S.; requiring the State Board of Education to develop strategies to
address critical teacher shortages.
Section 20: Amends s. 1012.22, F.S.; authorizing district school boards to use advanced degrees in
setting salary schedules for specified personnel; providing that collective bargaining may
not preclude a district school board from carrying out specified duties; providing that if a
superintendent appears before the State Board of Education for a specified purpose, the
president of the school district bargaining unit also must appear.
Section 21: Amends s. 1012.56, F.S.; authorizing specified assessments to be used to demonstrate
mastery of general knowledge for certain educator certification requirements; providing
for the placement of an educator certificate in an inactive status; providing requirements
for returning an educator certificate to active status.
Section 22: Amends s. 1012.2315, F.S.; revising legislative findings and intent; revising school
district prohibitions relating to the assignment of certain teachers; defining the term
"inexperienced teacher"; providing that certain prohibitions relating to the provision of
school district incentives apply to incentives using federal funds.
Section 23: Amends s. 1012.555, F.S.; revising requirements for individuals to participate in the
Teacher Apprenticeship Program.
STORAGE NAME: h7039b.EEC PAGE: 26
DATE: 2/1/2024
Section 24: Amends s. 1012.57, F.S.; revising provisions relating to the validity period of adjunct
teaching certificates.
Section 25: Amends s. 1012.575, F.S.; providing that certain provisions relating to alternative
teacher preparation programs also apply to the Florida Institute for Charter School
Innovation;
Section 26: Requires, by a specified date, the Commissioner of Education to make certain
recommendations relating to the development and retention of exceptional student
education instructional personnel to the Governor and Legislature.
Section 27: Repeals s. 1012.72, F.S., relating to the Dale Hickam Excellent Teaching Program.
Section 28: Repeals s. 1012.86, F.S., relating to the Florida College System institution employment
equity accountability program.
Section 29: Amends s. 1012.98, F.S.; providing that provisions relating to the development of a
professional learning system apply to the Florida Institute for Charter School Innovation.
Section 30: Amends s. 1013.15, F.S.; authorizing district school boards to rent or lease specified
plants and facilities and sites; providing that the lease-purchase of certain plants and
facilities and sites are exempt from certain requirements.
Section 31: Amends s. 1013.16, F.S.; revising minimum lease term requirements for land for certain
construction projects.
Section 32: Amends s. 1013.20, F.S.; deleting a district school board requirement to plan for the use
of relocatables; deleting a requirement for the commissioner to provide a progress report
to the Legislature.
Section 33: Repeals s. 1013.21, F.S., relating to reduction of relocatable facilities in use.
Section 34: Amends s. s. 1013.31, F.S.; requiring each Florida College System institution board of
trustees and state university board of trustees to arrange for educational plant surveys;
deleting provisions relating to when an educational plant survey recommendation is not
required; requiring Florida College System institution and state university boards, but not
district school boards, to participate in specified surveys; deleting a requirement for
school districts to submit certain data to the department; revising requirements for what
a survey report must include; deleting a requirement that a school district's survey must
be submitted as part of the district educational facilities plan; deleting a requirement for
the department to perform an analysis of such surveys; revising requirements for a
facilities needs survey submitted by a district school board; requiring that the release of
funds for a PECO project be subject to certain authorizations.
Section 35: Amends s. 1013.385, F.S.; deleting requirements for a resolution relating to educational
facilities construction which may be adopted by district school boards; providing that
exceptions to requirements for public shelter design criteria remain subject to certain
emergency management provisions; providing that a school board may not be required
to build more emergency-shelter space than identified as needed.
Section 36: Amends s. 1013.45, F.S.; revising the limit for specified day-labor contracts that district
school boards and boards of trustees of Florida College System institutions may use.
Section 37: Amends s. s. 1013.48, F.S.; deleting a requirement that school districts monitor and
report the impact of certain change orders.
STORAGE NAME: h7039b.EEC PAGE: 27
DATE: 2/1/2024
Section 38: Amends s. s. 1013.64, F.S.; revising the requirements for a construction project to be
exempt from cost requirements.
Section 39: Amends s. 1001.64, F.S.; conforming cross-references to changes made by the act.
Section 40: Amends s. 1001.65, F.S.; conforming cross-references to changes made by the act.
Section 41: Amends s. 1003.621, F.S.; conforming cross-references to changes made by the act.
Section 42: Amends s. 1011.6202, F.S.; conforming cross-references to changes made by the act.
Section 43: Amends s. 1013.35, F.S.; conforming cross-references to changes made by the act.
Section 44: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
There are no anticipated cost increases to the state or to school districts. However, school districts may
realize cost savings for efficiencies created in the bill, reduced reporting requirements, and for
additional authority over the construction and renovation of facilities.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other:
None.
B. RULE-MAKING AUTHORITY: STORAGE NAME: h7039b.EEC PAGE: 28
DATE: 2/1/2024
The bill requires the SBE to adopt rules to implement provisions of the bill. Additionally, existing rules
may need to be amended or repealed based on the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 30, 2024, the Education & Employment Committee adopted a Proposed Committee Substitute
(PCS) and reported the bill favorably as a committee substitute. The PCS differed from the original bill in
the following ways:
Extends the period VPK teachers have to complete early literacy training to 45 days, from 30 days.
Retains the requirement that school board meeting notices be published at least 2 days prior to the
noticed meeting.
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 program or a
suspension, either prior to the need for, or at the time of, such notification.
Authorizes the district school board to delegate to the superintendent the authority to establish a
process for the review and approval of district-wide policies and procedures to improve efficiency.
Authorizes the civil penalties collected for violations of school bus stop sign requirements enforced
by a school bus infraction detection system to be used to provide financial awards to recruit or
retain school bus drivers in the school district in which the civil penalties are assessed and
collected.
Provides that a teacher may request that her or his certificate be placed in inactive status. A
certificate that has been inactive may be reactivated upon application to the department and
requires the DOE to establish, by rule, professional learning requirements as a condition of
reactivating a certificate that has been inactive for more than 1 year.
Authorizes the use of a passing score, as determined by the DOE in rule, on the SAT, ACT, or
Classical Learning Test to satisfy the mastery of general knowledge requirement for educator
certification.
Requires the DOE, no later than December 1, 2024, to make recommendations to the Governor
and Legislature on policy and funding changes to enhance the development and retention of
exceptional student education instructional personnel.
Authorizes a school district to use advanced degrees when setting salary schedules for instructional
personnel or school administrator if the advanced degree is in the individual’s area of certification.
Reduces the teaching experience requirement for a mentor teacher in the Teacher Apprenticeship
Program from 7 to 5 years.
Defines an inexperienced teacher as a teacher with three or fewer years of experience.
Shifts from temporarily certified teachers to inexperienced teachers the prohibition on school
districts assigning a higher percentage of teachers to schools graded “D” or “F” than the school
district average while it provides additional flexibility to school districts in the appointment of
effective teachers on a 5-year temporary certificate.
Specifies that school district collective bargaining provisions may not preclude a district from
providing incentives, including from federal funding, for purposes of staffing low-performing schools.
Provides that collective bargaining may not preclude the provision of incentives to effective teachers
as well as the previously included highly-effective teachers.
Requires the SBE to adopt rules to establish criteria for determining the financial status of school
districts for financial reporting and establishes frequency of reporting based on financial status.
Provides that a school district that is unable to purchase transportation equipment and supplies at
the prices identified by the DOE must request assistance from the DOE with purchasing at such
prices and, if unsuccessful, the school district is authorized to purchase such equipment and
supplies at a higher price.
Raises the cap to $200 per unweighted FTE student for the purchase, lease-purchase, or lease of
certain district school board vehicles and property and casualty insurance on school district
educational and ancillary plants, from $175 per unweighted FTE student. STORAGE NAME: h7039b.EEC PAGE: 29
DATE: 2/1/2024
Updates emergency response requirements to replace the requirement for district school boards to
staff emergency facilities with the requirement to provide staff necessary to access such facilities, or
to perform other duties related to the facilities subject to the county emergency management plan.
Raises the cap of day-labor contracts for construction, renovation, remodeling, or maintenance of
existing facilities from $280,000 to $600,000.
Removes the requirement for each district school board to complete, and for the DOE to review and
approve, an educational plant survey, but maintains the requirement for district school boards to
periodically update their inventory of educational facilities as new capacity becomes available and
as unsatisfactory space is eliminated.
Extends the exemption from cost per student station limitation for an unfinished construction project
for new construction of educational plant space to construction started on or before July 1, 2028. An
additional 2 years beyond the current exemption.
The analysis is drafted to the committee substitute adopted by the Education & Employment Committee.