Florida House Bill H7039 Analysis / Analysis

                     
This document does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME:      
DATE:      
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS  
 
BILL #: CS/HB 7039          PCB CIS 24-01    Education 
SPONSOR(S): Education & Employment Committee and Choice & Innovation Subcommittee, Rizo and 
others 
TIED BILLS:  None. IDEN./SIM. BILLS: CS/SB 7000 and CS/SB 7002 
 
 
 
 
FINAL HOUSE FLOOR ACTION: 115 Y’s 
 
0 N’s GOVERNOR’S ACTION: Approved 
 
 
SUMMARY ANALYSIS 
CS/HB 7039 passed the House on February 28, 2024, as CS/SB 7002 as amended. The Senate concurred in 
the House amendment to the Senate Bill and subsequently passed the bill as amended on March 6, 2024. The 
bill includes portions of CS/SB 7000. 
 
The bill allows district school boards to satisfy 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 and requiring publication at least 2 days prior to the noticed meeting.  
 
The bill repeals several obsolete or overly-burdensome reporting requirements. The bill reduces the 
submission of school district financial audits based on financial condition of the school district and authorizes 
the district school board to delegate certain authority to the superintendent.  
 
The bill supports school districts’ efforts to recruit and retain teachers by requiring the State Board of Education 
to develop strategies to address critical teacher shortages areas, the Commissioner of Education to make 
recommendations for the retention of Exceptional Student Education (ESE) teachers, and authorizes school 
districts to develop and adopt their own policies relating to mentors and support for first-time teachers. The bill 
requires the SBE to waive initial subject area exam and certification fees for educators with, or seeking, ESE 
certification. The bill updates the Teacher Apprenticeship Program by expanding eligibility for applicants and 
mentor teachers. The bill authorizes a newly-hired Voluntary Prekindergarten Education Program instructor, 45 
days after hire to complete required emergent literacy training.  
 
The bill clarifies that certain topics 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, extends the waiver for the cost per student station, increases the caps on day labor 
contracts and provides flexibility for the purchase of transportation supplies. The bill also 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 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 estimated fiscal impact on state expenditures is $4.7 million; which is accounted for in the conference 
report of the Fiscal Year 2024-2025 General Appropriations Act. See Fiscal Analysis. 
 
The bill was approved by the Governor on May 9, 2024, ch. 2024-159, L.O.F., and will become effective on 
July 1, 2024.    
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I. SUBSTANTIVE INFORMATION 
 
A. EFFECT OF 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
 
 
                                                
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.    
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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
 
 
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 the Bill 
 
                                                
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. 
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 Mar. 12, 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 Mar. 12, 2024).   
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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. 
 
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 
                                                
20
 See s. 50.0311, F.S.  
21
 FLA. CONST. art. 9, s. 5. 
22
 Section 1001.49, F.S. 
23
 Sections 326.003(78) and 316.173, F.S.    
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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
 
 
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 the Bill 
 
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. 
                                                
24
 Section 316.173(2)(a), F.S. 
25
 Id.  
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.   
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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 
 
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 the Bill 
 
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;  
                                                
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.  
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.    
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 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
 
 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.  
 
                                                
35
 Section 1004.85(2)(b), F.S. 
36
 Section 1004.85(3)(b), F.S. 
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.   
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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 in-service 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 
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 the Bill 
 
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.  
 
                                                
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. 
46
 Section 1012.575, F.S.  
47
 Id.  
48
 Section 1004.88, F.S.  
49
 Section 1004.88(2)(a)-(g), F.S.    
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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; 
 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 
                                                
50
 Section 1012.59(7)(a), F.S.  
51
 Section 1012.56(2)(g)-(i), F.S. 
52
 Section 1012.56(3), F.S. 
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.   
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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 in-service points or a combination thereof, which must include at least one college credit or 20 in-
service 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 in-service 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 
in-service points in evidence-based instruction and interventions grounded in the science of reading.
59
 
 
Effect of the Bill 
 
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 requires the SBE to waive initial subject area exam fees and certification fees for an exceptional 
student education (ESE) teacher who applies to add the elementary education K-6 subject area to his 
or her teaching certificate or an elementary education certificate holder seeking to add the ESE 
coverage. 
 
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
 
 
                                                
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 Mar. 12, 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. 
60
 Section 1012.57(1), F.S.  
61
 Section 1012.57(3), F.S. 
62
 Section 1012.57(1), F.S.   
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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 the Bill 
 
Because adjunct certification are only valid for 5 years, the bill removes obsolete language regarding 
annual certification and annual contracts. 
 
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. 
 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. 
 
                                                
63
 Section 1012.57 (4), F.S. 
64
 Section 1012.05(1), F.S. 
65
 Section 1012.05(2)(a)-(n), F.S.   
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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 
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 
                                                
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.  
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.   
STORAGE NAME:      	PAGE: 13 
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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 
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 the Bill 
 
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. 
                                                
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.  
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.   
STORAGE NAME:      	PAGE: 14 
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 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 administrators 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 2 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
 
 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. 
                                                
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. 
88
 Florida Department of Education, Every Student Succeeds Act (ESSA) State Plan, (Sept. 24, 2018), available at 
https://www.fldoe.org/core/fileparse.php/14196/urlt/FL-ESSA-StatePlan.pdf, (last visited Mar. 12, 2024).   
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 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 the Bill 
 
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 
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 
                                                
89
 Florida Department of Education, Every Student Succeeds Act (ESSA) State Plan, (Sept. 24, 2018), available at 
https://www.fldoe.org/core/fileparse.php/14196/urlt/FL-ESSA-StatePlan.pdf, (last visited Mar. 12, 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. 
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.   
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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. 
 
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. 
                                                
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 Mar. 12, 2024). 
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 Mar. 12, 2024).   
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 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 the Bill 
 
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 a 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
 
 
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
 
 
                                                
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. 
107
 Section 1010.02, F.S. 
108
 Section 1011.68(4), F.S. 
109
 Rule 6A-1.008, F.A.C.   
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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 for 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 the Bill 
 
Financial Accounting and Expenditures 
 
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 
                                                
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:      	PAGE: 19 
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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 include, for example, specifications for site 
lighting or the use of wood studs in interior no-load-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 
                                                
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). 
124
 See s. 1013.385(2), F.S. 
125
 Section 1013.372(1), F.S.   
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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 
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 
                                                
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.   
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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
 
 
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 
                                                
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. 
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.   
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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
 
 
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. 
                                                
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 (Jan. 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 Mar. 12, 2024). 
164
 Section 1013.64(6)(b)1., F.S. 
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.   
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 $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 the Bill 
 
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.  
 
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. 
                                                
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.   
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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 the Bill 
 
                                                
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.   
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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 the Bill 
 
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. 
 
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
  
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
 
None. 
 
2. Expenditures: 
 
The estimated fiscal impact of waiving the initial subject area exam area exam fees and certification 
fees for an ESE teacher who applies to add the elementary education K-6 subject area to his or her 
teaching certificate or an elementary education certificate holder seeking to add the ESE coverage 
is $4.7 million. This amount has been accounted for in the conference report of the Fiscal Year 
2024-2025 General Appropriations Act. 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
 
None. 
 
2. Expenditures: 
 
None. 
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
 
None. 
                                                
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.   
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D. FISCAL COMMENTS: 
 
There are no anticipated cost increases to school districts; however, 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.