FL
Florida House Bill H0439

Florida 2025 Regular Session

Florida House Bill H0439 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
15-An act relating to the K-12 instructional personnel 2
16-salary compression; amending s. 1011.62, F.S.; 3
17-requiring school district and charter school salary 4
18-distribution plans to address salary compression; 5
19-requiring such plans to address salary compression for 6
20-specified instructional personnel; providing an 7
21-effective date. 8
22- 9
23-Be It Enacted by the Legislature of the State of Florida: 10
24- 11
25- Section 1. Paragraph (c) of subsection (14) of section 12
26-1011.62, Florida Statutes, is amended to read: 13
27- 1011.62 Funds for operation of schools. —If the annual 14
28-allocation from the Florida Education Finance Program to each 15
29-district for operation of schools is not determined in the 16
30-annual appropriations act or the substantive bill implementing 17
31-the annual appropriations act, it shall be determined as 18
32-follows: 19
33- (14) CLASSROOM TEACHER AND OTHER INSTRUCT IONAL PERSONNEL 20
34-SALARY INCREASE.—The Legislature shall annually apportion an 21
35-amount of funds provided in the Florida Education Finance 22
36-Program to assist school districts and charter schools in their 23
37-compliance with the requirement that the minimum base sal ary for 24
38-full-time classroom teachers, as defined in s. 1012.01(2)(a), 25
15+An act relating to public school personnel salary 2
16+schedules; amending s. 1012.22, F.S.; deleting 3
17+definitions; deleting a requirement relating to cost -4
18+of-living salary adjustments; revising requirements 5
19+for salary schedules for school employees; 6
20+authorizing, rather than requiring, a district school 7
21+board to base a portion of each employee's 8
22+compensation on performance; deleting a requirement 9
23+that district school boards adopt a performance salary 10
24+schedule based on specified requirements; revising the 11
25+requirement for a base salary for instructional 12
26+personnel or school administrators; revising 13
27+conditions under which a district school board must 14
28+provide salary supplements; deleting a provision that 15
29+prohibits a performance salary schedule from being 16
30+reduced due to budget constraints; making technical 17
31+changes; amending s. 24.121, F.S.; conforming 18
32+provisions to changes made by the act; reenacting ss. 19
33+1002.33(16)(b), 1002.451(5)(a), 1003.621(2)(h), and 20
34+1011.6202(3)(b), F.S., relating to charter school 21
35+exemption from statutes, district innovation school of 22
36+technology program exemption from statutes, 23
37+academically high-performing school districts' 24
38+compliance with statutes and rules, and Principal 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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4949
5050
51-and certified prekindergarten teachers funded in the Florida 26
52-Education Finance Program is at least $47,500 or to provide 27
53-salary increases to instructional personnel, as defined in s. 28
54-1012.01(2)(a)-(d), in a manner that best meets the needs of the 29
55-school district or charter school. This subsection does not 30
56-apply to substitute teachers. The amount and distribution 31
57-methodology for the funding shall be specified in the General 32
58-Appropriations Act. 33
59- (c) Before distributing any additional funds received over 34
60-the prior fiscal year, each school district and each charter 35
61-school shall develop a salary distribution plan that clearly 36
62-delineates the planned distribution of funds , which must address 37
63-salary compression, including salary compression for 38
64-instructional personnel with more than 2 years of experience and 39
65-other instructional personnel , in accordance with modified 40
66-salary schedules, as necessary, for the implementation of this 41
67-subsection. 42
68- 1. Each school district superintendent and each charter 43
69-school administrator must submit its proposed salary 44
70-distribution plan to the district school board or the charter 45
71-school governing body, as appropriate, for approval. 46
72- 2. Each school district shall subm it the approved district 47
73-salary distribution plan and the approved salary distribution 48
74-plan for each charter school in the district to the department 49
75-by October 1 of each fiscal year. 50
51+Autonomy Program Initiative exemption from laws, 26
52+respectively, to incorporat e the amendment made to s. 27
53+1012.22, F.S., in references thereto; providing an 28
54+effective date. 29
55+ 30
56+Be It Enacted by the Legislature of the State of Florida: 31
57+ 32
58+ Section 1. Paragraph (c) of subsection (1) of section 33
59+1012.22, Florida Statutes, is amended to read: 34
60+ 1012.22 Public school personnel; powers and duties of the 35
61+district school board. —The district school board shall: 36
62+ (1) Designate positions to be filled, prescribe 37
63+qualifications for those positions, and provide for the 38
64+appointment, compensation , promotion, suspension, and dismissal 39
65+of employees as follows, subject to the requirements of this 40
66+chapter: 41
67+ (c) Compensation and salary schedules. — 42
68+ 1. Definitions.—As used in this paragraph: 43
69+ a. "Adjustment" means an addition to the base salary 44
70+schedule that is not a bonus and becomes part of the employee's 45
71+permanent base salary and shall be considered compensation under 46
72+s. 121.021(22). 47
73+ b. "Grandfathered salary schedule" means the salary 48
74+schedule or schedules adopted by a district school board befor e 49
75+July 1, 2014, pursuant to subparagraph 4. 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88- Section 2. This act shall take effect July 1, 2025. 51
88+ b.c. "Instructional personnel" means instructional 51
89+personnel as defined in s. 1012.01(2)(a) -(d), excluding 52
90+substitute teachers. 53
91+ d. "Performance salary schedule" means the salary schedule 54
92+or schedules adopted by a district school board pursuant to 55
93+subparagraph 5. 56
94+ c.e. "Salary schedule" means the schedule or schedules 57
95+used to provide the base salary for district school board 58
96+personnel. 59
97+ d.f. "School administrator" means a school administrator 60
98+as defined in s. 1012.01(3)(c). 61
99+ e.g. "Supplement" means an annual addition to the base 62
100+salary for the term of the negotiated supplement as long as the 63
101+employee continues his or her employment for the purpose of the 64
102+supplement. A supplement does not become part of the em ployee's 65
103+continuing base salary but shall be considered compensation 66
104+under s. 121.021(22). 67
105+ 2. Cost-of-living adjustment.—A district school board may 68
106+provide a cost-of-living salary adjustment if the adjustment : 69
107+ a. does not discriminate among comparable classes of 70
108+employees based upon the salary schedule under which they are 71
109+compensated. 72
110+ b. Does not exceed 50 percent of the annual adjustment 73
111+provided to instructional personnel rated as effective. 74
112+ 3. Advanced degrees.—A district school board may use 75
113+
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121+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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123+
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125+advanced degrees in setting a salary schedule for instructional 76
126+personnel or school administrators if the advanced degree is 77
127+held in the individual's area of certification. 78
128+ 4. Grandfathered Salary schedule.— 79
129+ a. Beginning with the 2026 -2027 school year, the district 80
130+school board shall adopt a salary schedule or salary schedules 81
131+to be used as the basis for paying all school employees hired 82
132+before July 1, 2014. Instructional personnel on annual contract 83
133+as of July 1, 2014, shall be placed on the performance salary 84
134+schedule adopted under subparagraph 5. Instructional personnel 85
135+on continuing contract or professional service contract may opt 86
136+into the performance salary schedule if the employee 87
137+relinquishes such contract a nd agrees to be employed on an 88
138+annual contract under s. 1012.335. Such an employee shall be 89
139+placed on the performance salary schedule and may not return to 90
140+continuing contract or professional service contract status. Any 91
141+employee who opts into the performa nce salary schedule may not 92
142+return to the grandfathered salary schedule . 93
143+ b. In determining the grandfathered salary schedule for 94
144+instructional personnel, a district school board may must base a 95
145+portion of each employee's compensation upon performance 96
146+demonstrated under s. 1012.34 and shall provide differentiated 97
147+pay for both instructional personnel and school administrators 98
148+based upon district-determined factors, including, but not 99
149+limited to, additional responsibilities, school demographics, 100
150+
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158+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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160+
161+
162+critical shortage areas, and level of job performance 101
163+difficulties. 102
164+ 5. Performance salary schedule. —By July 1, 2014, the 103
165+district school board shall adopt a performance salary schedule 104
166+that provides annual salary adjustments for instructional 105
167+personnel and school ad ministrators based upon performance 106
168+determined under s. 1012.34. Employees hired on or after July 1, 107
169+2014, or employees who choose to move from the grandfathered 108
170+salary schedule to the performance salary schedule shall be 109
171+compensated pursuant to the perfor mance salary schedule once 110
172+they have received the appropriate performance evaluation for 111
173+this purpose. 112
174+ 5.a. Base salary.—The base salary shall be established as 113
175+follows: 114
176+ (I) The base salary for instructional personnel or school 115
177+administrators who opt i nto the performance salary schedule 116
178+shall be the salary paid in the prior year , including 117
179+adjustments only. 118
180+ (II) Instructional personnel or school administrators new 119
181+to the district, returning to the district after a break in 120
182+service without an authorize d leave of absence, or appointed for 121
183+the first time to a position in the district in the capacity of 122
184+instructional personnel or school administrator shall be placed 123
185+on the performance salary schedule. 124
186+ b. Salary adjustments. —Salary adjustments for highly 125
187+
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195+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199+effective or effective performance shall be established as 126
200+follows: 127
201+ (I) The annual salary adjustment under the performance 128
202+salary schedule for an employee rated as highly effective must 129
203+be at least 25 percent greater than the highest annual salary 130
204+adjustment available to an employee of the same classification 131
205+through any other salary schedule adopted by the district. 132
206+ (II) The annual salary adjustment under the performance 133
207+salary schedule for an employee rated as effective must be equal 134
208+to at least 50 percent and no more than 75 percent of the annual 135
209+adjustment provided for a highly effective employee of the same 136
210+classification. 137
211+ (III) A salary schedule shall not provide an annual salary 138
212+adjustment for an employee who receives a rating other than 139
213+highly effective or effective for the year. 140
214+ 6.c. Salary supplements.—In addition to the salary 141
215+adjustments, Each district school board shall provide for salary 142
216+supplements for activities that must include, but are not 143
217+limited to: 144
218+ a.(I) Assignment to a Title I eligible school. 145
219+ b.(II) Assignment to a school that earned a grade of "F" 146
220+or two three consecutive grades of "D" pursuant to s. 1008.34 147
221+such that the supplement remains in force for at least 1 year 148
222+following improved performance in that school. 149
223+ c.(III) Certification and teaching in critical teacher 150
224+
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232+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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234+
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236+shortage areas. Statewide critical teacher shortage areas shall 151
237+be identified by the State Board of Education under s. 1012.07. 152
238+However, the district school board may identify other areas of 153
239+critical shortage within the school district for purposes of 154
240+this sub-subparagraph sub-sub-subparagraph and may remove areas 155
241+identified by the state board which do not apply within the 156
242+school district. 157
243+ d.(IV) Assignment as a mentor to a teacher hired within 158
244+the first 3 years. 159
245+ e. Assignment of additional academic responsibilities. 160
246+ 161
247+If budget constraints in any given year limit a district school 162
248+board's ability to fully fund all adopted salary schedules, the 163
249+performance salary schedule shall not be reduced on the basis o f 164
250+total cost or the value of individual awards in a manner that is 165
251+proportionally greater than reductions to any other salary 166
252+schedules adopted by the district. Any compensation for 167
253+longevity of service awarded to instructional personnel who are 168
254+on any other salary schedule must be included in calculating the 169
255+salary adjustments required by sub -subparagraph b. 170
256+ Section 2. Paragraph (d) of subsection (5) of section 171
257+24.121, Florida Statutes, is amended to read: 172
258+ 24.121 Allocation of revenues and expenditur e of funds for 173
259+public education.— 174
260+ (5) 175
261+
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269+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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271+
272+
273+ (d) No funds shall be released for any purpose from the 176
274+Educational Enhancement Trust Fund to any school district in 177
275+which one or more schools do not have an approved school 178
276+improvement plan pursuant to s. 1001.42(1 8) or do not comply 179
277+with school advisory council membership composition requirements 180
278+pursuant to s. 1001.452(1). The Commissioner of Education shall 181
279+withhold disbursements from the trust fund to any school 182
280+district that fails to adopt the performance -based salary 183
281+schedule required by s. 1012.22(1). 184
282+ Section 3. For the purpose of incorporating the amendment 185
283+made by this act to section 1012.22, Florida Statutes, in a 186
284+reference thereto, paragraph (b) of subsection (16) of section 187
285+1002.33, Florida Statutes, is reenacted to read: 188
286+ 1002.33 Charter schools. — 189
287+ (16) EXEMPTION FROM STATUTES. — 190
288+ (b) Additionally, a charter school shall be in compliance 191
289+with the following statutes: 192
290+ 1. Section 286.011, relating to public meetings and 193
291+records, public inspection, and criminal and civil penalties. 194
292+ 2. Chapter 119, relating to public records. 195
293+ 3. Section 1003.03, relating to the maximum class size, 196
294+except that the calculation for compliance pursuant to s. 197
295+1003.03 shall be the average at the school level. 198
296+ 4. Section 1012.22(1)(c), relating to compensation and 199
297+salary schedules. 200
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306+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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308+
309+
310+ 5. Section 1012.33(5), relating to workforce reductions. 201
311+ 6. Section 1012.335, relating to contracts with 202
312+instructional personnel hired on or after July 1, 2011. 203
313+ 7. Section 1012.34, rela ting to the substantive 204
314+requirements for performance evaluations for instructional 205
315+personnel and school administrators. 206
316+ 8. Section 1006.12, relating to safe -school officers. 207
317+ 9. Section 1006.07(7), relating to threat management 208
318+teams. 209
319+ 10. Section 1006.07(9), relating to School Environmental 210
320+Safety Incident Reporting. 211
321+ 11. Section 1006.07(10), relating to reporting of 212
322+involuntary examinations. 213
323+ 12. Section 1006.1493, relating to the Florida Safe 214
324+Schools Assessment Tool. 215
325+ 13. Section 1006.07(6)(d), re lating to adopting an active 216
326+assailant response plan. 217
327+ 14. Section 943.082(4)(b), relating to the mobile 218
328+suspicious activity reporting tool. 219
329+ 15. Section 1012.584, relating to youth mental health 220
330+awareness and assistance training. 221
331+ 16. Section 1001.42(4 )(f)2., relating to middle school and 222
332+high school start times. A charter school -in-the-workplace is 223
333+exempt from this requirement. 224
334+ Section 4. For the purpose of incorporating the amendment 225
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343+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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345+
346+
347+made by this act to section 1012.22, Florida Statutes, in a 226
348+reference thereto, paragraph (a) of subsection (5) of section 227
349+1002.451, Florida Statutes, is reenacted to read: 228
350+ 1002.451 District innovation school of technology 229
351+program.— 230
352+ (5) EXEMPTION FROM STATUTES. — 231
353+ (a) An innovation school of technology is exempt fro m 232
354+chapters 1000-1013. However, an innovation school of technology 233
355+shall comply with the following provisions of those chapters: 234
356+ 1. Laws pertaining to the following: 235
357+ a. Schools of technology, including this section. 236
358+ b. Student assessment program and s chool grading system. 237
359+ c. Services to students who have disabilities. 238
360+ d. Civil rights, including s. 1000.05, relating to 239
361+discrimination. 240
362+ e. Student health, safety, and welfare. 241
363+ 2. Laws governing the election and compensation of 242
364+district school board members and election or appointment and 243
365+compensation of district school superintendents. 244
366+ 3. Section 1003.03, governing maximum class size, except 245
367+that the calculation for compliance pursuant to s. 1003.03 is 246
368+the average at the school level. 247
369+ 4. Sections 1012.22(1)(c) and 1012.27(2), relating to 248
370+compensation and salary schedules. 249
371+ 5. Section 1012.33(5), relating to workforce reductions, 250
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380+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384+for annual contracts for instructional personnel. This 251
385+subparagraph does not apply to at -will employees. 252
386+ 6. Section 1012.335, relating to contracts with 253
387+instructional personnel hired on or after July 1, 2011, for 254
388+annual contracts for instructional personnel. This subparagraph 255
389+does not apply to at -will employees. 256
390+ 7. Section 1012.34, relating to requirements for 257
391+performance evaluations of instructional personnel and school 258
392+administrators. 259
393+ Section 5. For the purpose of incorporating the amendment 260
394+made by this act to section 1012.22, Florida Statutes, in a 261
395+reference thereto, paragraph (h) of subsection (2) of se ction 262
396+1003.621, Florida Statutes, is reenacted to read: 263
397+ 1003.621 Academically high -performing school districts. —It 264
398+is the intent of the Legislature to recognize and reward school 265
399+districts that demonstrate the ability to consistently maintain 266
400+or improve their high-performing status. The purpose of this 267
401+section is to provide high -performing school districts with 268
402+flexibility in meeting the specific requirements in statute and 269
403+rules of the State Board of Education. 270
404+ (2) COMPLIANCE WITH STATUTES AND RULES. —Each academically 271
405+high-performing school district shall comply with all of the 272
406+provisions in chapters 1000 -1013, and rules of the State Board 273
407+of Education which implement these provisions, pertaining to the 274
408+following: 275
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417+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421+ (h) Sections 1012.22(1)(c) and 1012.2 7(2), relating to 276
422+public school personnel compensation and salary schedules; s. 277
423+1012.34, relating to personnel evaluation procedures and 278
424+criteria; and ss. 1012.33 and 1012.335, relating to contracts 279
425+with instructional personnel, staff, supervisors, and sch ool 280
426+administrators. 281
427+ Section 6. For the purpose of incorporating the amendment 282
428+made by this act to section 1012.22, Florida Statutes, in a 283
429+reference thereto, paragraph (b) of subsection (3) of section 284
430+1011.6202, Florida Statutes, is reenacted to read: 285
431+ 1011.6202 Principal Autonomy Program Initiative. —The 286
432+Principal Autonomy Program Initiative is created within the 287
433+Department of Education. The purpose of the program is to 288
434+provide a highly effective principal of a participating school 289
435+with increased autono my and authority to operate his or her 290
436+school, as well as other schools, in a way that produces 291
437+significant improvements in student achievement and school 292
438+management while complying with constitutional requirements. The 293
439+State Board of Education may, upon a pproval of a principal 294
440+autonomy proposal, enter into a performance contract with the 295
441+district school board for participation in the program. 296
442+ (3) EXEMPTION FROM LAWS. — 297
443+ (b) A participating school or a school operated by a 298
444+principal pursuant to subsection (5) shall comply with the 299
445+provisions of chapters 1000 -1013, and rules of the state board 300
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454+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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456+
457+
458+that implement those provisions, pertaining to the following: 301
459+ 1. Those laws relating to the election and compensation of 302
460+district school board members, the election or appointment and 303
461+compensation of district school superintendents, public meetings 304
462+and public records requirements, financial disclosure, and 305
463+conflicts of interest. 306
464+ 2. Those laws relating to the student assessment program 307
465+and school grading system, inc luding chapter 1008. 308
466+ 3. Those laws relating to the provision of services to 309
467+students with disabilities. 310
468+ 4. Those laws relating to civil rights, including s. 311
469+1000.05, relating to discrimination. 312
470+ 5. Those laws relating to student health, safety, and 313
471+welfare. 314
472+ 6. Section 1001.42(4)(f), relating to the uniform opening 315
473+date for public schools. 316
474+ 7. Section 1003.03, governing maximum class size, except 317
475+that the calculation for compliance pursuant to s. 1003.03 is 318
476+the average at the school level for a parti cipating school. 319
477+ 8. Sections 1012.22(1)(c) and 1012.27(2), relating to 320
478+compensation and salary schedules. 321
479+ 9. Section 1012.33(5), relating to workforce reductions 322
480+for annual contracts for instructional personnel. This 323
481+subparagraph does not apply to at -will employees. 324
482+ 10. Section 1012.335, relating to annual contracts for 325
483+
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491+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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493+
494+
495+instructional personnel hired on or after July 1, 2011. This 326
496+subparagraph does not apply to at -will employees. 327
497+ 11. Section 1012.34, relating to personnel evaluation 328
498+procedures and criteria. 329
499+ 12. Those laws pertaining to educational facilities, 330
500+including chapter 1013, except that s. 1013.20, relating to 331
501+covered walkways for relocatables, is eligible for exemption. 332
502+ 13. Those laws pertaining to participating school 333
503+districts, including this section and ss. 1011.69(2) and 334
504+1012.28(8). 335
505+ Section 7. This act shall take effect July 1, 2025. 336
506+ 337