August 12, 2020
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HB 0769CS


1The Committee on Education K-20 recommends the following:
3     Committee Substitute
4     Remove the entire bill and insert:
A bill to be entitled
6An act relating to career education; revising terminology
7relating to career, technical, vocational, and workforce
8education; amending s. 1002.34, F.S.; providing for
9funding of dual enrollment instruction of public school
10students provided at charter technical career centers;
11creating s. 1003.431, F.S.; providing for a career
12education certification on a high school diploma;
13providing academic requirements for students enrolled in
14comprehensive career education programs; requiring the
15State Board of Education to define and specify by rule
16courses and experiences consistent with a comprehensive
17career education program; authorizing the State Board of
18Education to adopt by rule a standard format for career
19education certification; allowing incentive funding to
20school districts for students receiving the certification;
21amending s. 1003.491, F.S.; providing certain
22responsibilities for district school boards and
23superintendents relating to career education
24certification; creating s. 1003.492, F.S.; providing for
25coordination of career education programs with industry;
26requiring the State Board of Education to adopt rules for
27implementing an industry certification process; requiring
28the Department of Education to study student performance
29in industry-certified career education programs; requiring
30a study by the Department of Education to determine the
31need for cost factors or startup funding for industry-
32certified career education programs; creating s. 1006.025,
33F.S.; requiring district school boards to submit guidance
34reports to the Commissioner of Education and providing
35requirements thereof; amending s. 1012.01, F.S.; revising
36a personnel classification title; amending s. 1011.80,
37F.S.; repealing the Florida Workforce Development
38Education Fund; redesignating adult technical education
39programs as workforce education programs; revising
40requirements for funding; requiring reporting and cost
41analysis; amending ss. 1009.22 and 1011.83, F.S.; deleting
42references to the Florida Workforce Development Education
43Fund; creating s. 446.073, F.S.; establishing the
44Apprenticeship Mediation Advisory Panel; providing duties
45relating to disputes between apprenticeship sponsors and
46educational agencies; authorizing State Board of Education
47rulemaking authority; requiring the Agency for Workforce
48Innovation and the Council for Education Policy Research
49and Improvement to study the need for new and expanded
50apprenticeship and other workforce education programs;
51requiring a report of findings and recommendations;
52requiring the Commissioner of Education to convene a study
53group to investigate workforce education issues; requiring
54the study group to submit a report with recommendations
55for modifications to the workforce education system;
56amending ss. 20.18, 110.1099, 112.19, 112.191, 112.1915,
57238.01, 250.10, 250.482, 288.047, 288.9511, 292.05,
58292.10, 295.02, 295.125, 339.0805, 364.508, 376.0705,
59380.0651, 402.305, 402.3051, 403.716, 414.0252, 420.0004,
60420.524, 420.602, 440.16, 443.171, 445.003, 445.004,
61445.009, 445.012, 445.0123, 445.024, 445.049, 446.011,
62446.052, 446.22, 475.17, 475.451, 475.617, 475.6175,
63475.618, 475.627, 494.0029, 509.302, 553.841, 790.06,
64790.115, 810.095, 943.14, 948.015, 948.09, 958.12, 985.03,
65985.315, 1000.04, 1000.05, 1001.42, 1001.44, 1001.452,
661001.453, 1001.64, 1002.01, 1002.20, 1002.22, 1002.38,
671002.42, 1003.01, 1003.02, 1003.43, 1003.47, 1003.51,
681003.52, 1004.02, 1004.04, 1004.07, 1004.54, 1004.65,
691004.73, 1004.91, 1004.92, 1004.93, 1004.98, 1005.02,
701005.06, 1005.21, 1006.035, 1006.051, 1006.21, 1006.31,
711007.21, 1007.23, 1007.24, 1007.25, 1007.27, 1007.271,
721008.37, 1008.385, 1008.405, 1008.41, 1008.42, 1008.43,
731008.45, 1009.23, 1009.25, 1009.40, 1009.532, 1009.533,
741009.536, 1009.55, 1009.61, 1009.64, 1009.98, 1010.20,
751010.58, 1011.62, 1011.68, 1012.01, 1012.39, 1012.41,
761012.43, 1013.03, 1013.31, 1013.64, and 1013.75, F.S., to
77conform; providing an effective date.
79Be It Enacted by the Legislature of the State of Florida:
81     Section 1.  Subsection (11) of section 1002.34, Florida
82Statutes, is amended to read:
83     1002.34  Charter technical career centers.--
84     (11)  FUNDING.--
85     (a)  Notwithstanding any other provision of law, funds for
86dual enrollment instruction of public school students provided
87at charter technical career centers must be provided in an
88amount equal to that which would be provided for the hours of
89instruction which would be necessary to earn the FTE and the
90funding for an equivalent course if it were taught in the school
92     (b)(a)  Each district school board and community college
93that sponsors a charter technical career center shall pay
94directly to the center an amount stated in the charter. State
95funding shall be generated for the center for its student
96enrollment and program outcomes as provided in law. A center is
97eligible for funding from workforce education funds the Florida
98Workforce Development Education Fund, the Florida Education
99Finance Program, and the Community College Program Fund,
100depending upon the programs conducted by the center.
101     (c)(b)  A center may receive other state and federal aid,
102grants, and revenue through the district school board or
103community college board of trustees.
104     (d)(c)  A center may receive gifts and grants from private
106     (e)(d)  A center may not levy taxes or issue bonds, but it
107may charge a student tuition fee consistent with authority
108granted in its charter and permitted by law.
109     (f)(e)  A center shall provide for an annual financial
110audit in accordance with s. 218.39.
111     (g)(f)  A center must provide instruction for at least the
112number of days required by law for other public schools or
113community colleges, as appropriate, and may provide instruction
114for additional days.
115     Section 2.  Section 1003.431, Florida Statutes, is created
116to read:
117     1003.431  Career education certification.--
118     (1)  A student who fulfills the following requirements
119shall be recognized with a career education certification on his
120or her high school diploma:
121     (a)  Completion of the requirements for high school
122graduation as provided in s. 1003.429 or s. 1003.43 and the
123additional requirements for a comprehensive career education
124program of study as provided in subsection (2).
125     (b)  A passing score on the college entry-level placement
126test or an equivalent test identified by the Department of
127Education with a score adequate to enroll in a public
128postsecondary educational program without the need for college
129preparatory or career preparatory instruction.
130     (2)  A comprehensive program of study in career education
131shall be designed to prepare a student to continue his or her
132education at a postsecondary educational institution and obtain
133employment. A comprehensive career education program of study
134must require of each student:
135     (a)  Completion of academic courses with a designation from
136the Department of Education of level two or above. All credits
137earned to meet graduation requirements in mathematics, science,
138and communication must have that designation.
139     (b)  Attainment of at least one occupational completion
140point in an industry-certified career education program or
141completion of at least two courses in a technology education
143     (c)  Completion of a one-credit course addressing workplace
144readiness skills. The course requirement may be satisfied by
145infusing course content into an existing select career and
146education course. The State Board of Education shall define by
147rule the content of the course and shall ensure that the course
148meets graduation requirements for performing fine arts or
149practical arts.
150     (d)  Participation in work-based learning experiences, as
151defined by rule by the State Board of Education.
152     (e)  Participation in a capstone activity that includes a
153project related to a career. This activity is designed to apply
154and demonstrate the competencies and concepts attained in the
155student's program of study. The State Board of Education may
156specify by rule characteristics of capstone activities that meet
157the intent of this paragraph.
158     (3)  The career education certification indicates that the
159student is prepared to continue into postsecondary education
160without the need for remediation and that the student has
161marketable employment skills. The State Board of Education may
162adopt by rule a standard format for the certification.
163     (4)  A school district is not required to offer a
164comprehensive career education program pursuant to this section.
165However, for each student who receives the career education
166certification on his or her high school diploma, the school
167district may receive incentive funding contingent upon funding
168in the annual General Appropriations Act.
169     (5)  A school district that generates funds as a result of
170incentive funding for student achievement of the career
171education certification on the high school diploma must expend
172the total amount on the comprehensive career education program
173of study. The school district may not apply indirect charges to
174incentive funds earned.
175     Section 3.  Subsection (1) of section 1003.491, Florida
176Statutes, is amended, and subsection (3) is added to said
177section, to read:
178     1003.491  Career and technical education.--
179     (1)  School board, superintendent, and school
180accountability for career and technical education within
181elementary and secondary schools includes, but is not limited
183     (a)  Student exposure to a variety of careers and provision
184of instruction to explore specific careers in greater depth.
185     (b)  Student awareness of available career and technical
186programs and the corresponding occupations into which such
187programs lead.
188     (c)  Student development of individual career plans.
189     (d)  Integration of academic and career and technical
190skills in the secondary curriculum.
191     (e)  Student preparation to enter the workforce and enroll
192in postsecondary education without being required to complete
193college preparatory or career vocational preparatory
195     (f)  Student retention in school through high school
197     (g)  Career education and technical curriculum articulation
198with corresponding postsecondary programs in the career local
199area technical center or community college, or both.
200     (3)  Each district school board and superintendent shall
201implement all components required to obtain the career education
202certification on the high school diploma if the school district
203chooses to offer the certification.
204     Section 4.  Section 1003.492, Florida Statutes, is created
205to read:
206     1003.492  Industry-certified career education programs.--
207     (1)  A career education program within a comprehensive high
208school program of study shall be coordinated with the
209appropriate industry indicating that all components of the
210program are relevant and appropriate to prepare the student for
211further education or for employment in that industry.
212     (2)  The State Board of Education shall adopt rules
213pursuant to ss. 120.536(1) and 120.54 for implementing an
214industry certification process, which rules must establish any
215necessary procedures for obtaining appropriate business partners
216and requirements for business and industry involvement in
217curriculum oversight and equipment procurement.
218     (3)  The Department of Education shall study student
219performance in industry-certified career education programs.
220The department shall identify districts that currently operate
221industry-certified career education programs. The study shall
222examine the performance of participating students over time.
223Performance factors shall include, but not be limited to,
224graduation rates, retention rates, additional educational
225attainment, employment records, earnings, and industry
226satisfaction. The results of this study shall be submitted to
227the President of the Senate and the Speaker of the House of
228Representatives by December 31, 2004.
229     (4)  The Department of Education shall conduct a study to
230determine if a cost factor should be applied to industry-
231certified career education programs and review the need for
232startup funding for the programs. The study shall be completed
233by December 31, 2004, and shall be submitted to the President of
234the Senate and the Speaker of the House of Representatives.
235     Section 5.  Section 1006.025, Florida Statutes, is created
236to read:
237     1006.025  Guidance services.--
238     (1)  Each district school board shall annually submit a
239district guidance report to the Commissioner of Education by
240June 30.
241     (2)  The guidance report shall include, but not be limited
242to, the following:
243     (a)  Examination of student access to guidance counselors.
244     (b)  Degree to which a district has adopted or implemented
245a guidance model program.
246     (c)  Evaluation of the information and training available
247to guidance counselors and career specialists to advise students
248on areas of critical need, labor market trends, and technical
249training requirements.
250     (d)  Progress toward incorporation of best practices for
251advisement as identified by the department.
252     (e)  Consideration of alternative guidance systems or
253ideas, including, but not limited to, a teacher-advisor model,
254mentoring, partnerships with the business community, web-based
255delivery, and parental involvement.
256     (f)  Actions taken to provide information to students for
257the school-to-work transition pursuant to s. 1006.02.
258     (g)  A guidance plan for the district.
259     (3)  The department shall provide resources to district
260school boards that may assist districts in preparing the annual
261guidance report. The resources shall include, but are not
262limited to, materials relating to guidance model programs,
263training available through the department for career guidance,
264adopted best practices, alternative guidance systems or ideas,
265and a model district guidance plan.
266     Section 6.  Paragraph (b) of subsection (2) of section
2671012.01, Florida Statutes, is amended to read:
268     1012.01  Definitions.--Specific definitions shall be as
269follows, and wherever such defined words or terms are used in
270the Florida K-20 Education Code, they shall be used as follows:
271     (2)  INSTRUCTIONAL PERSONNEL.--"Instructional personnel"
272means any staff member whose function includes the provision of
273direct instructional services to students. Instructional
274personnel also includes personnel whose functions provide direct
275support in the learning process of students. Included in the
276classification of instructional personnel are:
277     (b)  Student personnel services.--Student personnel
278services include staff members responsible for: advising
279students with regard to their abilities and aptitudes,
280educational and occupational opportunities, and personal and
281social adjustments; providing placement services; performing
282educational evaluations; and similar functions. Included in this
283classification are guidance counselors, social workers, career
284occupational/placement specialists, and school psychologists.
285     Section 7.  Section 1011.80, Florida Statutes, is amended
286to read:
287     1011.80  Funds for operation of workforce adult technical
288education programs.--
289     (1)  As used in this section, the terms "workforce
290development education" and "workforce education development
291program" include:
292     (a)  Adult general education programs designed to improve
293the employability skills of the state's workforce as defined in
294s. 1004.02(3) s. 1004.02(5).
295     (b)  Career and technical certificate programs, as defined
296in s. 1004.02(21) s. 1004.02(23).
297     (c)  Applied technology diploma programs.
298     (d)  Continuing workforce education courses.
299     (e)  Degree career technical education programs.
300     (f)  Apprenticeship and preapprenticeship programs as
301defined in s. 446.021.
302     (2)  Any workforce development education program may be
303conducted by a community college or a school district, except
304that college credit in an associate in applied science or an
305associate in science degree may be awarded only by a community
306college. However, if an associate in applied science or an
307associate in science degree program contains within it an
308occupational completion point that confers a certificate or an
309applied technology diploma, that portion of the program may be
310conducted by a school district career technical center. Any
311instruction designed to articulate to a degree program is
312subject to guidelines and standards adopted by the State Board
313of Education pursuant to s. 1007.25.
314     (3)  If a program for disabled adults pursuant to s.
3151004.93 is a workforce education development program as defined
316in law, it must be funded as provided in this section.
317     (4)  The Florida Workforce Development Education Fund is
318created to provide performance-based funding for all workforce
319development programs, whether the programs are offered by a
320school district or a community college. Funding for all
321workforce development education programs must be from the
322Workforce Development Education Fund and must be based on cost
323categories, performance output measures, and performance outcome
325     (a)  The cost categories must be calculated to identify
326high-cost programs, medium-cost programs, and low-cost programs.
327The cost analysis used to calculate and assign a program of
328study to a cost category must include at least both direct and
329indirect instructional costs, consumable supplies, equipment,
330and standard program length.
331     (b)1.  The performance output measure for career and
332technical education programs of study is student completion of a
333career and technical program of study that leads to an
334occupational completion point associated with a certificate; an
335apprenticeship program; or a program that leads to an applied
336technology diploma or an associate in applied science or
337associate in science degree. Performance output measures for
338registered apprenticeship programs shall be based on program
339lengths that coincide with lengths established pursuant to the
340requirements of chapter 446.
341     2.  The performance output measure for an adult general
342education course of study is measurable improvement in student
343skills. This measure shall include improvement in literacy
344skills, grade level improvement as measured by an approved test,
345or attainment of a State of Florida diploma or an adult high
346school diploma.
347     (c)  The performance outcome measures for workforce
348education programs funded through the Workforce Development
349Education Fund are associated with placement and retention of
350students after reaching a completion point or completing a
351program of study. These measures include placement or retention
352in employment that is related to the program of study; placement
353into or retention in employment in an occupation on the
354Workforce Estimating Conference list of high-wage, high-skill
355occupations with sufficient openings, or other High Wage/High
356Skill Program occupations as determined by Workforce Florida,
357Inc.; and placement and retention of participants or former
358participants in the welfare transition program in employment.
359Continuing postsecondary education at a level that will further
360enhance employment is a performance outcome for adult general
361education programs. Placement and retention must be reported
362pursuant to ss. 1008.39 and 1008.43.
363     (5)  State funding and student fees for workforce education
364development instruction funded through the Workforce Development
365Education Fund shall be established as follows:
366     (a)  For a continuing workforce education course, state
367funding shall equal 50 percent of the cost of instruction, with
368student fees, business support, quick-response training funds,
369or other means making up the remaining 50 percent.
370     (b)  For all other workforce development education programs
371funded through the Workforce Development Education Fund, state
372funding shall equal 75 percent of the average cost of
373instruction with the remaining 25 percent made up from student
374fees. Fees for courses within a program shall not vary according
375to the cost of the individual program, but instead shall be
376based on a uniform fee calculated and set at the state level, as
377adopted by the State Board of Education, unless otherwise
378specified in the General Appropriations Act.
379     (c)  For fee-exempt students pursuant to s. 1009.25, unless
380otherwise provided for in law, state funding shall equal 100
381percent of the average cost of instruction.
382     (6)(a)  A school district or a community college that
383provides workforce development education programs funded through
384the Workforce Development Education Fund shall receive funds in
385accordance with distributions for base and performance funding
386established by the Legislature in the General Appropriations
387Act. If the General Appropriations Act does not provide for the
388distribution of funds, the following methodology shall apply,
389pursuant to the following conditions:
390     1.  Base funding shall be allocated based on weighted
391enrollment and shall not exceed 90 85 percent of the current
392fiscal year total Workforce Development Education Fund
393allocation, which shall be distributed by the Legislature in the
394General Appropriations Act based on a maximum of 85 percent of
395the institution's prior year total allocation from base and
396performance funds. The Department of Education shall develop a
397funding process for school district workforce education programs
398that is comparable with community college workforce education
400     2.  Performance funding shall be at least 10 15 percent of
401the current fiscal year total Workforce Development Education
402Fund allocation, which shall be distributed by the Legislature
403in the General Appropriations Act based on the previous fiscal
404year's achievement of output and outcomes in accordance with
405formulas adopted pursuant to subsection (10)(9). Performance
406funding must incorporate payments for at least three levels of
407placements that reflect wages and workforce demand. Payments for
408completions must not exceed 60 percent of the payments for
409placement. School districts and community colleges shall be
410awarded funds pursuant to this paragraph based on performance
411output data and performance outcome data available in that year.
412     3.  If a local educational agency achieves a level of
413performance sufficient to generate a full allocation as
414authorized by the workforce development funding formula, the
415agency may earn performance incentive funds as appropriated for
416that purpose in a General Appropriations Act. If performance
417incentive funds are funded and awarded, these funds must be
418added to the local educational agency's prior year total
419allocation from the Workforce Development Education Fund and
420shall be used to calculate the following year's base funding.
421     (b)  A program is established to assist school districts
422and community colleges in responding to the needs of new and
423expanding businesses and thereby strengthening the state's
424workforce and economy. The program may be funded in the General
425Appropriations Act. A school district or community college may
426expend funds under the program without regard to performance
427criteria set forth in subparagraph (a)2. The district or
428community college shall use the program to provide customized
429training for businesses which satisfies the requirements of s.
430288.047. Business firms whose employees receive the customized
431training must provide 50 percent of the cost of the training.
432Balances remaining in the program at the end of the fiscal year
433shall not revert to the general fund, but shall be carried over
434for 1 additional year and used for the purpose of serving
435incumbent worker training needs of area businesses with fewer
436than 100 employees. Priority shall be given to businesses that
437must increase or upgrade their use of technology to remain
439     (7)  A school district or community college that receives
440workforce education funds earns performance funding must use the
441money to benefit the workforce postsecondary adult and technical
442education programs it provides. The money may be used for
443equipment upgrades, program expansions, or any other use that
444would result in workforce education development program
445improvement. The district school board or community college
446board of trustees may not withhold any portion of the
447performance funding for indirect costs. Notwithstanding s.
448216.351, funds awarded pursuant to this section may be carried
449across fiscal years and shall not revert to any other fund
450maintained by the district school board or community college
451board of trustees.
452     (8)  The State Board of Education and Workforce Florida,
453Inc., shall provide the Legislature with recommended formulas,
454criteria, timeframes, and mechanisms for distributing
455performance funds. The commissioner shall consolidate the
456recommendations and develop a consensus proposal for funding.
457The Legislature shall adopt a formula and distribute the
458performance funds to the State Board of Education for community
459colleges and school districts through the General Appropriations
460Act. These recommendations shall be based on formulas that would
461discourage low-performing or low-demand programs and encourage
462through performance-funding awards:
463     (a)  Programs that prepare people to enter high-wage
464occupations identified by the Workforce Estimating Conference
465created by s. 216.136 and other programs as approved by
466Workforce Florida, Inc. At a minimum, performance incentives
467shall be calculated for adults who reach completion points or
468complete programs that lead to specified high-wage employment
469and to their placement in that employment.
470     (b)  Programs that successfully prepare adults who are
471eligible for public assistance, economically disadvantaged,
472disabled, not proficient in English, or dislocated workers for
473high-wage occupations.  At a minimum, performance incentives
474shall be calculated at an enhanced value for the completion of
475adults identified in this paragraph and job placement of such
476adults upon completion. In addition, adjustments may be made in
477payments for job placements for areas of high unemployment.
478     (c)  Programs that are specifically designed to be
479consistent with the workforce needs of private enterprise and
480regional economic development strategies, as defined in
481guidelines set by Workforce Florida, Inc. Workforce Florida,
482Inc., shall develop guidelines to identify such needs and
483strategies based on localized research of private employers and
484economic development practitioners.
485     (d)  Programs identified by Workforce Florida, Inc., as
486increasing the effectiveness and cost efficiency of education.
487     (9)  School districts shall report full-time equivalent
488students by discipline category for the programs specified in
489subsection (1). There shall be an annual cost analysis for the
490school district workforce education programs that reports cost
491by discipline category consistent with the reporting for full-
492time equivalent students. The annual financial reports submitted
493by the school districts must accurately report on the student
494fee revenues by fee type according to the programs specified in
495subsection (1). The Department of Education shall develop a plan
496for comparable reporting of program, student, facility,
497personnel, and financial data between the community colleges and
498the school district workforce education programs.
499     (10)(9)  A high school student dually enrolled under s.
5001007.271 in a workforce education development program funded
501through the Workforce Development Education Fund and operated by
502a community college or school district career technical center
503generates the amount calculated for workforce education funding
504by the Workforce Development Education Fund, including any
505payment of performance funding, and the proportional share of
506full-time equivalent enrollment generated through the Florida
507Education Finance Program for the student's enrollment in a high
508school. If a high school student is dually enrolled in a
509community college program, including a program conducted at a
510high school, the community college earns the funds generated for
511workforce education funding, through the Workforce Development
512Education Fund and the school district earns the proportional
513share of full-time equivalent funding from the Florida Education
514Finance Program. If a student is dually enrolled in a career
515technical center operated by the same district as the district
516in which the student attends high school, that district earns
517the funds generated for workforce education funding through the
518Workforce Development Education Fund and also earns the
519proportional share of full-time equivalent funding from the
520Florida Education Finance Program. If a student is dually
521enrolled in a workforce education development program provided
522by a career technical center operated by a different school
523district, the funds must be divided between the two school
524districts proportionally from the two funding sources. A student
525may not be reported for funding in a dual enrollment workforce
526education development program unless the student has completed
527the basic skills assessment pursuant to s. 1004.91.
528     (11)(10)  The State Board of Education may adopt rules to
529administer this section.
530     Section 8.  Subsections (1), (5), (12), and (13) of section
5311009.22, Florida Statutes, are amended to read:
532     1009.22  Workforce education development postsecondary
533student fees.--
534     (1)  This section applies to students enrolled in workforce
535education development programs who are reported for funding
536through the Workforce Development Education Fund, except that
537college credit fees for the community colleges are governed by
538s. 1009.23.
539     (5)  Each district school board and community college board
540of trustees may establish a separate fee for financial aid
541purposes in an additional amount of up to 10 percent of the
542student fees collected for workforce education development
543programs funded through the Workforce Development Education
544Fund. All fees collected shall be deposited into a separate
545workforce education development student financial aid fee trust
546fund of the school district or community college to support
547students enrolled in workforce education development programs.
548Any undisbursed balance remaining in the trust fund and interest
549income accruing to investments from the trust fund shall
550increase the total funds available for distribution to workforce
551development education students. Awards shall be based on student
552financial need and distributed in accordance with a nationally
553recognized system of need analysis approved by the State Board
554of Education. Fees collected pursuant to this subsection shall
555be allocated in an expeditious manner.
556     (12)  Any school district or community college that reports
557students who have not paid fees in an approved manner in
558calculations of full-time equivalent enrollments for state
559funding purposes shall be penalized at a rate equal to 2 times
560the value of such enrollments. Such penalty shall be charged
561against the following year's allocation from workforce education
562funds the Florida Workforce Development Education Fund or the
563Community College Program Fund and shall revert to the General
564Revenue Fund. The State Board of Education shall specify, in
565rule, approved methods of student fee payment. Such methods must
566include, but need not be limited to, student fee payment;
567payment through federal, state, or institutional financial aid;
568and employer fee payments.
569     (13)  Each school district and community college shall
570report only those students who have actually enrolled in
571instruction provided or supervised by instructional personnel
572under contract with the district or community college in
573calculations of actual full-time enrollments for state funding
574purposes. A student who has been exempted from taking a course
575or who has been granted academic or technical credit through
576means other than actual coursework completed at the granting
577institution may not be calculated for enrollment in the course
578from which the student has been exempted or for which the
579student has been granted credit. School districts and community
580colleges that report enrollments in violation of this subsection
581shall be penalized at a rate equal to 2 times the value of such
582enrollments. Such penalty shall be charged against the following
583year's allocation from workforce education funds the Workforce
584Development Education Fund and shall revert to the General
585Revenue Fund.
586     Section 9.  Section 1011.83, Florida Statutes, is amended
587to read:
588     1011.83  Financial support of community colleges.--Each
589community college that has been approved by the Department of
590Education and meets the requirements of law and rules of the
591State Board of Education shall participate in the Community
592College Program Fund. However, funds to support workforce
593education development programs conducted by community colleges
594shall be provided by the Workforce Development Education Fund
595pursuant to s. 1011.80.
596     Section 10.  Section 446.073, Florida Statutes, is created
597to read:
598     446.073  Apprenticeship Mediation Advisory Panel.--An
599Apprenticeship Mediation Advisory Panel is established to assist
600with fair and impartial review of disputes between
601apprenticeship sponsors and school districts or community
602colleges that operate apprenticeship programs.
603(1)  The Commissioner of Education shall appoint 16 members
604to the Apprenticeship Mediation Advisory Panel. Members shall
605serve without compensation. The members shall be selected in the
606following manner: 8 of the members must represent currently
607operating apprenticeship sponsors, 4 of the members must
608represent community colleges that are currently operating
609apprenticeship programs, and 4 of the members must represent
610school districts that are currently operating apprenticeship
612(2)  The Apprenticeship Mediation Advisory Panel shall have
613the following duties and responsibilities:
614(a)  Develop recommended program models consisting of best
615practices, guidelines, and mediation procedures for
616apprenticeship programs. The best practices, guidelines, and
617mediation procedures shall serve as model criteria for all
618mediation proceedings by the Apprenticeship Mediation Advisory
619Panel. The best practices, guidelines, and mediation procedures
620shall be submitted to the Legislature and the Department of
621Education on or before December 31, 2004.
622(b)  When local negotiations have failed to result in a
623solution, hear and recommend nonbinding resolutions for disputes
624over contracted services or contractual matters between
625apprenticeship sponsors and local educational agencies, as
626defined in s. 1004.02, offering apprenticeship programs.
627(c)  Annually submit a report, by December 31, to the
628Commissioner of Education detailing each mediation heard by the
629panel. The report should include whether the panel was able to
630make a recommendation and, if so, the degree to which the
631recommendation was implemented.
632(3)  Mediation requests shall be submitted to the
633Commissioner of Education. Upon receipt of a mediation request,
634the commissioner shall convene a meeting of at least 6 of the
635members of the Apprenticeship Mediation Advisory Panel. Of the
636convened members, 3 must represent apprenticeship sponsors and 3
637must represent the type of local educational agency involved in
638the mediation. A member convened for the purpose of a mediation
639shall not represent the apprenticeship sponsor or local
640educational agency involved in the dispute for which the
641mediation is being heard.
642(4)  The Apprenticeship Mediation Advisory Panel may reject
643a request for mediation for failure to comply with procedural
644rules governing the mediation process. The rejection shall
645describe the submission errors. The requesting party may have up
646to 15 calendar days after notice of rejection to resubmit a
647request for mediation that meets procedural rules. The
648Apprenticeship Mediation Advisory Panel shall send a written
649copy of the rejection to any involved apprenticeship sponsor or
650local educational agency.
651(5)  The Apprenticeship Mediation Advisory Panel may
652receive copies of the mediation documents from the Commissioner
653of Education, review the documents, hold a mediation meeting,
654and gather other applicable information regarding the mediation.
655The panel shall make a written report and recommendation to the
656commissioner, including the reasons for the recommendation being
657offered. The report shall also include votes taken and the final
658position of each panel member on the mediation. The decision of
659the Apprenticeship Mediation Advisory Panel is not binding on
660the parties and is not subject to the provisions of the
661Administrative Procedure Act, chapter 120.
662(6)  The State Board of Education may adopt rules pursuant
663to ss. 120.536(1) and 120.54 to implement the provisions of this
665     Section 11.  The Agency for Workforce Innovation and the
666Council for Education Policy Research and Improvement (CEPRI)
667shall conduct a joint study on the need for new and expanded
668apprenticeship and other workforce education programs within
669each workforce region. The study shall include all
670apprenticeship programs registered pursuant to chapter 446,
671Florida Statutes. A specific emphasis shall be placed upon
672apprenticeships in construction and educational programs,
673including, but not limited to, biotechnology, information
674technology, allied health, or other identified areas of critical
675need. The Agency for Workforce Innovation and CEPRI shall
676jointly submit a report of their findings and recommendations by
677December 31, 2004, to the Governor, the President of the Senate,
678and the Speaker of the House of Representatives.
679     Section 12.  Workforce education study.--
680     (1)  For purposes of this section, workforce education is
681defined as the programs referenced in s. 1011.80(1), Florida
683     (2)  To assist the Legislature in providing solutions to
684the demands for workforce education, the Commissioner of
685Education shall convene a study group to investigate issues
686related to workforce education in Florida. The study group shall
687report to the commissioner and the State Board of Education on
688or before October 1, 2004, with specific actions necessary to
689affect the timely implementation of modifications to the
690workforce education system in Florida. The study group shall
691consider any relevant projects of the Council for Education
692Policy Research and Improvement and the Office of Program Policy
693Analysis and Government Accountability and federal legislation
694or appropriations. Recommendations must be consistent with the
695K-20 education performance accountability system in s. 1008.31,
696Florida Statutes. Based on the study group report, the
697Commissioner of Education shall report to the Governor, the
698Speaker of the House of Representatives, and the President of
699the Senate on or before December 1, 2004, a summary of the
700conclusions of the study group and recommended funding and
701statutory changes if necessary.
702     (3)  The study group shall consist of members appointed by
703the Commissioner of Education who represent school districts,
704community colleges, public and independent universities, private
705postsecondary schools and colleges, the Agency for Workforce
706Innovation, Workforce Florida, Inc., and Enterprise Florida,
707Inc., and other members deemed appropriate by the commissioner,
708with a majority of the membership consisting of representatives
709of business and industry.
710     (4)  The study group shall recommend an implementation plan
711for their recommendations that shall include, but is not limited
713     (a)  A recommended funding model for workforce education
714that encompasses both enrollment and performance. The
715recommendations must include a process for providing for growth
716and development of new programs to meet the demands of economic
717development at the state, regional, and local levels.
718Recommendations for funding should reflect consideration of
719state funding, student fees, and federal and private funding, as
720well as diverse needs and challenges faced by institutions.
721     (b)  A recommended allocation model for workforce education
722based on occupational completion points, literacy completion
723points, and program length. Performance outcomes should reflect
724program completion, job placement, and successful transfer to
725another educational institution. Performance outcomes for
726traditionally hard-to-serve populations may be weighted based on
727empirical evidence. Performance outcomes should encourage the
728expansion of public-private partnerships by including the
729successful leveraging of private resources. Performance outcomes
730should be evaluated by examining an institution's performance
731over time rather than its performance relative to other
732institutions and should be consistent regardless of the type of
733institution offering the program.
734     (c)  Recommendations to improve articulation and obtain the
735maximum appropriate transferability of coursework between
736components of the workforce education system and between
737workforce education programs and advanced degrees. The
738implementation plan shall include a review of current
739articulation practices for workforce education, examples of best
740practices, and specific methods to improve articulation options
741for all students participating in workforce education.
742     (d)  Recommendations for the implementation of innovative
743programs that provide high school students with work-related
744career-based educational opportunities. Recommendations shall
745reflect the consideration of a broad array of options,
746including, but not limited to, high school career academies,
747charter technical centers, industry-certified educational
748opportunities, and the expanded use of career dual enrollment or
749other acceleration mechanisms. Recommendations shall also
750include expanded opportunities for partnership with business and
751industry to ensure that all components of any recommended
752program are relevant and appropriate to prepare students for
753further education and employment.
754     (e)  Recommendations for the implementation of innovative
755options or expanded use of existing resources for the delivery
756of postsecondary workforce education. These options must respond
757to the need for access to workforce education in geographic
758areas of high demand or unmet need or to demand for programs in
759occupational clusters that are targeted for purposes of economic
760development. Recommendations must include, but are not limited
761to, consideration of the increased use of distance learning,
762agreements for the innovative use of facilities, and other
763innovative partnerships and programs that would improve access
764to workforce education.
765     (f)  Recommendations for improvements to guidance
766counseling and advising to ensure that all students in the K-12
767system are properly informed and prepared for their future
768careers regardless of whether they intend to train for those
769careers in a traditional college setting or through workforce
770education. Recommendations shall address the effect of students
771receiving guidance and advising beginning at the middle school
772level that balances the postsecondary academic and workforce
773education options available to students. Recommendations shall
774reflect a consideration of best practices and innovative models
775for student advisement. Recommendations shall also include
776opportunities for state and local educational entities to
777partner with business and industry to align existing guidance
778counseling and advising resources with other agencies and
779organizations and to develop an intensive marketing campaign to
780attract high school students into postsecondary education
781programs leading to careers that are of critical need to the
782state. The recommendations shall include a timeline for
783implementation to be completed no later than July 1, 2005.
784     (5)  The Department of Education shall provide staff
785assistance and resources to assist the study group in preparing
787     Section 13.  Paragraph (a) of subsection (4) of section
78820.18, Florida Statutes, is amended to read:
789     20.18  Department of Community Affairs.--There is created a
790Department of Community Affairs.
791     (4)  In addition to its other powers, duties, and
792functions, the department shall, under the general supervision
793of the secretary and the Interdepartmental Coordinating Council
794on Community Services, assist and encourage the development of
795state programs by the various departments for the productive use
796of human resources, and the department shall work with other
797state agencies in order that together they might:
798     (a)  Effect the coordination, by the responsible agencies
799of the state, of the career vocational, technical, and adult
800educational programs of the state in order to provide the
801maximum use and meaningful employment of persons completing
802courses of study from such programs;
803     Section 14.  Paragraph (a) of subsection (1) and subsection
804(5) of section 110.1099, Florida Statutes, are amended to read:
805     110.1099  Education and training opportunities for state
807     (1)(a)  Education and training are an integral component in
808improving the delivery of services to the public.  Recognizing
809that the application of productivity-enhancing technology and
810practice demands continuous educational and training
811opportunities, a state employee may be authorized to receive a
812voucher or grant, for matriculation fees, to attend work-related
813courses at public community colleges, public career technical
814centers, or public universities. The department may implement
815the provisions of this section from funds appropriated to the
816department for this purpose. In the event insufficient funds are
817appropriated to the department, each state agency may supplement
818these funds to support the training and education needs of its
819employees from funds appropriated to the agency.
820     (5)  The Department of Management Services, in consultation
821with the agencies and, to the extent applicable, with Florida's
822public community colleges, public career technical centers, and
823public universities, shall adopt rules to administer this
825     Section 15.  Subsection (3) of section 112.19, Florida
826Statutes, as amended by section 1 of chapter 2002-191, Laws of
827Florida, is amended to read:
828     112.19  Law enforcement, correctional, and correctional
829probation officers; death benefits.--
830     (3)  If a law enforcement, correctional, or correctional
831probation officer is accidentally killed as specified in
832paragraph (2)(b) on or after June 22, 1990, or unlawfully and
833intentionally killed as specified in paragraph (2)(c) on or
834after July 1, 1980, the state shall waive certain educational
835expenses that the child or spouse of the deceased officer incurs
836while obtaining a career vocational-technical certificate, an
837undergraduate education, or a postgraduate education. The amount
838waived by the state shall be an amount equal to the cost of
839tuition and matriculation and registration fees for a total of
840120 credit hours. The child or spouse may attend a state career
841center vocational-technical school, a state community college,
842or a state university. The child or spouse may attend any or all
843of the institutions specified in this subsection, on either a
844full-time or part-time basis. The benefits provided to a child
845under this subsection shall continue until the child's 25th
846birthday. The benefits provided to a spouse under this
847subsection must commence within 5 years after the death occurs,
848and entitlement thereto shall continue until the 10th
849anniversary of that death.
850     (a)  Upon failure of any child or spouse benefited by the
851provisions of this subsection to comply with the ordinary and
852minimum requirements of the institution attended, both as to
853discipline and scholarship, the benefits shall be withdrawn as
854to the child or spouse and no further moneys may be expended for
855the child's or spouse's benefits so long as such failure or
856delinquency continues.
857     (b)  Only a student in good standing in his or her
858respective institution may receive the benefits thereof.
859     (c)  A child or spouse receiving benefits under this
860subsection must be enrolled according to the customary rules and
861requirements of the institution attended.
862     Section 16.  Subsection (3) of section 112.19, Florida
863Statutes, as amended by section 1 of chapter 2002-232, Laws of
864Florida, as amended by section 9 of chapter 2003-1, Laws of
865Florida, is amended to read:
866     112.19  Law enforcement, correctional, and correctional
867probation officers; death benefits.--
868     (3)  If a law enforcement, correctional, or correctional
869probation officer is accidentally killed as specified in
870paragraph (2)(b) on or after June 22, 1990, or unlawfully and
871intentionally killed as specified in paragraph (2)(c) on or
872after July 1, 1980, the state shall waive certain educational
873expenses that children of the deceased officer incur while
874obtaining a career vocational-technical certificate, an
875undergraduate education, or a graduate or postbaccalaureate
876professional degree. The amount waived by the state shall be an
877amount equal to the cost of tuition, matriculation, and other
878statutorily authorized fees for a total of 120 credit hours for
879a career vocational-technical certificate or an undergraduate
880education. For a child pursuing a graduate or postbaccalaureate
881professional degree, the amount waived shall equal the cost of
882matriculation and other statutorily authorized fees incurred
883while the child continues to fulfill the professional
884requirements associated with the graduate or postbaccalaureate
885professional degree program, and eligibility continues until the
886child's 29th birthday. The child may attend a state career
887center vocational-technical school, a state community college,
888or a state university. The child may attend any or all of the
889institutions specified in this subsection, on either a full-time
890or part-time basis. For a child pursuing a career vocational-
891technical certificate or an undergraduate education, the
892benefits provided under this subsection shall continue to the
893child until the child's 25th birthday. To be eligible for the
894benefits provided under this subsection for enrollment in a
895graduate or postbaccalaureate professional degree program, the
896child must be a state resident, as defined in s. 1009.21, at the
897time of enrollment.
898     (a)  Upon failure of any child benefited by the provisions
899of this section to comply with the ordinary and minimum
900requirements of the institution attended, both as to discipline
901and scholarship, the benefits shall be withdrawn as to the child
902and no further moneys may be expended for the child's benefits
903so long as such failure or delinquency continues.
904     (b)  Only a student in good standing in his or her
905respective institution may receive the benefits thereof.
906     (c)  A child receiving benefits under this section must be
907enrolled according to the customary rules and requirements of
908the institution attended.
909     Section 17.  Subsection (3) of section 112.191, Florida
910Statutes, as amended by section 2 of chapter 2002-191, Laws of
911Florida, is amended to read:
912     112.191  Firefighters; death benefits.--
913     (3)  If a firefighter is accidentally killed as specified
914in paragraph (2)(b) on or after June 22, 1990, or unlawfully and
915intentionally killed as specified in paragraph (2)(c), on or
916after July 1, 1980, the state shall waive certain educational
917expenses that the child or spouse of the deceased firefighter
918incurs while obtaining a career vocational-technical
919certificate, an undergraduate education, or a postgraduate
920education. The amount waived by the state shall be an amount
921equal to the cost of tuition and matriculation and registration
922fees for a total of 120 credit hours. The child or spouse may
923attend a state career center vocational-technical school, a
924state community college, or a state university. The child or
925spouse may attend any or all of the institutions specified in
926this subsection, on either a full-time or part-time basis. The
927benefits provided to a child under this subsection shall
928continue until the child's 25th birthday. The benefits provided
929to a spouse under this subsection must commence within 5 years
930after the death occurs, and entitlement thereto shall continue
931until the 10th anniversary of that death.
932     (a)  Upon failure of any child or spouse benefited by the
933provisions of this subsection to comply with the ordinary and
934minimum requirements of the institution attended, both as to
935discipline and scholarship, the benefits thereof shall be
936withdrawn as to the child or spouse and no further moneys
937expended for the child's or spouse's benefits so long as such
938failure or delinquency continues.
939     (b)  Only students in good standing in their respective
940institutions shall receive the benefits thereof.
941     (c)  A child or spouse receiving benefits under this
942subsection must be enrolled according to the customary rules and
943requirements of the institution attended.
944     Section 18.  Subsection (3) of section 112.191, Florida
945Statutes, as amended by section 2 of chapter 2002-232, Laws of
946Florida, as amended by section 10 of chapter 2003-1, Laws of
947Florida, is amended to read:
948     112.191  Firefighters; death benefits.--
949     (3)  If a firefighter is accidentally killed as specified
950in paragraph (2)(b) on or after June 22, 1990, or unlawfully and
951intentionally killed as specified in paragraph (2)(c), on or
952after July 1, 1980, the state shall waive certain educational
953expenses that children of the deceased firefighter incur while
954obtaining a career vocational-technical certificate, an
955undergraduate education, or a graduate or postbaccalaureate
956professional degree. The amount waived by the state shall be an
957amount equal to the cost of tuition, matriculation, and other
958statutorily authorized fees for a total of 120 credit hours for
959a career vocational-technical certificate or an undergraduate
960education. For a child pursuing a graduate or postbaccalaureate
961professional degree, the amount waived shall equal the cost of
962matriculation and other statutorily authorized fees incurred
963while the child continues to fulfill the professional
964requirements associated with the graduate or postbaccalaureate
965professional degree program, and eligibility continues until the
966child's 29th birthday. The child may attend a state career
967center vocational-technical school, a state community college,
968or a state university. The child may attend any or all of the
969institutions specified in this subsection, on either a full-time
970or part-time basis. For a child pursuing a career vocational-
971technical certificate or an undergraduate education, the
972benefits provided under this subsection shall continue to such a
973child until the child's 25th birthday. To be eligible for the
974benefits provided under this subsection for enrollment in a
975graduate or postbaccalaureate professional degree program, the
976child must be a state resident, as defined in s. 1009.21, at the
977time of enrollment.
978     (a)  Upon failure of any child benefited by the provisions
979of this section to comply with the ordinary and minimum
980requirements of the institution attended, both as to discipline
981and scholarship, the benefits thereof shall be withdrawn as to
982the child and no further moneys expended for the child's
983benefits so long as such failure or delinquency continues.
984     (b)  Only students in good standing in their respective
985institutions shall receive the benefits thereof.
986     (c)  All children receiving benefits under this section
987shall be enrolled according to the customary rules and
988requirements of the institution attended.
989     Section 19.  Paragraph (d) of subsection (3) of section
990112.1915, Florida Statutes, is amended to read:
991     112.1915  Teachers and school administrators; death
992benefits.--Any other provision of law to the contrary
994     (3)  If a teacher or school administrator dies under the
995conditions in subsection (2), benefits shall be provided as
997     (d)  Waiver of certain educational expenses which children
998of the deceased teacher or school administrator incur while
999obtaining a career vocational-technical certificate or an
1000undergraduate education shall be according to conditions set
1001forth in this paragraph. The amount waived by the state shall be
1002an amount equal to the cost of tuition and matriculation and
1003registration fees for a total of 120 credit hours at a
1004university. The child may attend a state career center
1005vocational-technical school, a state community college, or a
1006state university. The child may attend any or all of the
1007institutions specified in this paragraph, on either a full-time
1008or part-time basis. The benefits provided under this paragraph
1009shall continue to the child until the child's 25th birthday.
1010     1.  Upon failure of any child benefited by the provisions
1011of this paragraph to comply with the ordinary and minimum
1012requirements of the institution attended, both as to discipline
1013and scholarship, the benefits shall be withdrawn as to the child
1014and no further moneys may be expended for the child's benefits
1015so long as such failure or delinquency continues.
1016     2.  A student who becomes eligible for benefits under the
1017provisions of this paragraph while enrolled in an institution
1018must be in good standing with the institution to receive the
1019benefits provided herein.
1020     3.  A child receiving benefits under this paragraph must be
1021enrolled according to the customary rules and requirements of
1022the institution attended.
1023     Section 20.  Subsection (3) of section 238.01, Florida
1024Statutes, is amended to read:
1025     238.01  Definitions.--The following words and phrases as
1026used in this chapter shall have the following meanings unless a
1027different meaning is plainly required by the context:
1028     (3)  "Teacher" means any member of the teaching or
1029professional staff and any certificated employee of any public
1030free school, of any district school system and career center
1031vocational school, any member of the teaching or professional
1032staff of the Florida School for the Deaf and Blind, child
1033training schools of the Department of Juvenile Justice, the
1034Department of Corrections, and any tax-supported institution of
1035higher learning of the state, and any member and any certified
1036employee of the Department of Education, any certified employee
1037of the retirement system, any full-time employee of any
1038nonprofit professional association or corporation of teachers
1039functioning in Florida on a statewide basis, which seeks to
1040protect and improve public school opportunities for children and
1041advance the professional and welfare status of its members, any
1042person now serving as superintendent, or who was serving as
1043county superintendent of public instruction on July 1, 1939, and
1044any hereafter duly elected or appointed superintendent, who
1045holds a valid Florida teachers' certificate. In all cases of
1046doubt the Department of Management Services shall determine
1047whether any person is a teacher as defined herein.
1048     Section 21.  Paragraph (b) of subsection (7), paragraph (c)
1049of subsection (8), and paragraph (b) of subsection (9) of
1050section 250.10, Florida Statutes, are amended to read:
1051     250.10  Appointment and duties of the Adjutant General.--
1052     (7)  The Adjutant General and the State Board of Education
1053shall develop education assistance programs for members in good
1054standing of the active Florida National Guard who enroll in a
1055public institution of higher learning in the state.
1056     (b)  The programs shall define those members of the active
1057Florida National Guard who are ineligible to participate in the
1058program and those courses of study which are not authorized for
1059the program.
1060     1.  Such members include, but are not limited to:
1061     a.  Any member, commissioned officer, warrant officer, or
1062enlisted person who has a baccalaureate degree.
1063     b.  Any member who has 15 years or more of total military
1064service creditable toward retirement.
1065     c.  Any member who has not completed basic military
1067     2.  Courses not authorized include noncredit courses,
1068courses that do not meet degree requirements, or courses that do
1069not meet requirements for completion of career vocational-
1070technical training.
1071     (8)  The Department of Military Affairs may administer a
1072tuition exemption program, known as the State Tuition Exemption
1073Program (STEP), for members of the Florida National Guard who
1074qualify pursuant to subsection (7).
1075     (c)  Courses not authorized include noncredit courses,
1076courses that do not meet degree requirements, or courses that do
1077not meet requirements for completing career vocational-technical
1079     (9)  Subject to appropriations, the Department of Military
1080Affairs may pay the full cost of tuition and fees for required
1081courses for members of the Florida National Guard who enlist
1082after June 30, 1997. This program shall be known as the
1083Educational Dollars for Duty program (EDD) and is the primary
1084program for these members.
1085     (b)  Courses not authorized include noncredit courses,
1086courses that do not meet the degree requirements, or courses
1087that do not meet requirements for completing career vocational-
1088technical training.
1089     Section 22.  Subsection (1) of section 250.482, Florida
1090Statutes, is amended to read:
1091     250.482  Troops ordered into state active service; not to
1092be penalized by employers and postsecondary institutions.--
1093     (1)  If a member of the Florida National Guard is ordered
1094into state active duty pursuant to this chapter, a private or
1095public employer, or an employing or appointing authority of this
1096state, its counties, school districts, municipalities, political
1097subdivisions, career centers vocational or technical schools,
1098community colleges, or universities, may not discharge,
1099reprimand, or in any other way penalize such member because of
1100his or her absence by reason of state active duty.
1101     Section 23.  Subsection (3) of section 288.047, Florida
1102Statutes, is amended to read:
1103     288.047  Quick-response training for economic
1105     (3)  Requests for funding through the Quick-Response
1106Training Program may be produced through inquiries from a
1107specific business or industry, inquiries from a school district
1108director of career education or community college occupational
1109dean on behalf of a business or industry, or through official
1110state or local economic development efforts. In allocating funds
1111for the purposes of the program, Workforce Florida, Inc., shall
1112establish criteria for approval of requests for funding and
1113shall select the entity that provides the most efficient, cost-
1114effective instruction meeting such criteria. Program funds may
1115be allocated to any career area technical center, community
1116college, or state university. Program funds may be allocated to
1117private postsecondary institutions only upon a review that
1118includes, but is not limited to, accreditation and licensure
1119documentation and prior approval by Workforce Florida, Inc.
1120Instruction funded through the program must terminate when
1121participants demonstrate competence at the level specified in
1122the request; however, the grant term may not exceed 24 months.
1123Costs and expenditures for the Quick-Response Training Program
1124must be documented and separated from those incurred by the
1125training provider.
1126     Section 24.  Subsection (1) of section 288.9511, Florida
1127Statutes, is amended to read:
1128     288.9511  Definitions.--As used in ss. 288.9511-288.9517,
1129the term:
1130     (1)  "Educational institutions" means Florida career
1131centers technical institutes and vocational schools, and public
1132and private community colleges, colleges, and universities in
1133the state.
1134     Section 25.  Subsection (1) of section 292.05, Florida
1135Statutes, is amended to read:
1136     292.05  Duties of Department of Veterans' Affairs.--
1137     (1)  The Department of Veterans' Affairs shall provide
1138assistance to all former, present, and future members of the
1139Armed Forces of the United States and their dependents in
1140preparing claims for and securing such compensation,
1141hospitalization, career vocational training, and other benefits
1142or privileges to which such persons or any of them are or may
1143become entitled under any federal or state law or regulation by
1144reason of their service in the Armed Forces of the United
1145States.  All services rendered under this subsection shall be
1146without charge to the claimant.
1147     Section 26.  Section 292.10, Florida Statutes, is amended
1148to read:
1149     292.10  Local governing bodies authorized to assist war
1150veterans; powers.--The board of county commissioners of each
1151county and the governing body of each city in the state are
1152hereby granted full and complete power and authority to aid and
1153assist wherever practical and feasible the veterans, male and
1154female, who have served in the Armed Forces of the United States
1155in any war and received an honorable discharge from any branch
1156of the military service of the United States, and their
1157dependents, in presenting claims for and securing such
1158compensation, hospitalization, education, loans, career
1159vocational training, and other benefits or privileges to which
1160said veterans, or any of them, are or may become entitled under
1161any federal or state law or regulation by reason of their
1162service in the Armed Forces of the United States.
1163     Section 27.  Section 295.02, Florida Statutes, is amended
1164to read:
1165     295.02  Use of funds; age, etc.--All sums appropriated and
1166expended under this chapter shall be used to pay tuition and
1167registration fees, board, and room rent and to buy books and
1168supplies for the children of deceased or disabled veterans or
1169service members, as defined and limited in s. 295.01, s.
1170295.016, s. 295.017, s. 295.018, or s. 295.0195, or of parents
1171classified as prisoners of war or missing in action, as defined
1172and limited in s. 295.015, who are between the ages of 16 and 22
1173years and who are in attendance at a state-supported institution
1174of higher learning, including a community college or career
1175center vocational-technical school. Any child having entered
1176upon a course of training or education under the provisions of
1177this chapter, consisting of a course of not more than 4 years,
1178and arriving at the age of 22 years before the completion of
1179such course may continue the course and receive all benefits of
1180the provisions of this chapter until the course is completed.
1181The Department of Education shall administer this educational
1182program subject to regulations of the department.
1183     Section 28.  Subsections (1) and (2) of section 295.125,
1184Florida Statutes, are amended to read:
1185     295.125  Preference for admission to career vocational
1187     (1)  It is the intent of the Legislature through enactment
1188of this section to assist returning veterans of the Southeast
1189Asian conflict to train themselves for a civilian future.
1190Although the provisions of this section apply only to state-
1191supported career center vocational-technical facilities and
1192programs, it is the further intent of the Legislature to
1193encourage privately supported career vocational-technical
1194schools and centers to join with the state in assisting our
1195returning veterans by providing preferences for them in
1196admission procedures and standards.
1197     (2)  In determining order of admission or acceptance for
1198students, every career vocational training center, vocational-
1199technical school, or career vocational program which receives
1200state funding or support shall give preference as provided in
1201subsection (3) to a person who served in the Armed Forces of the
1202United States at any time during the Vietnam Era, as defined in
1203s. 1.01(14), and who has been separated therefrom under
1204honorable conditions, if such person's enrollment is directly
1205related to his or her present employment or to his or her
1206securing employment.
1207     Section 29.  Paragraph (d) of subsection (3) of section
1208339.0805, Florida Statutes, is amended to read:
1209     339.0805  Funds to be expended with certified disadvantaged
1210business enterprises; specified percentage to be expended;
1211construction management development program; bond guarantee
1212program.--It is the policy of the state to meaningfully assist
1213socially and economically disadvantaged business enterprises
1214through a program that will provide for the development of
1215skills through construction and business management training, as
1216well as by providing contracting opportunities and financial
1217assistance in the form of bond guarantees, to primarily remedy
1218the effects of past economic disparity.
1219     (3)  The head of the department is authorized to expend up
1220to 6 percent of the funds specified in subsection (1) which are
1221designated to be expended on small business firms owned and
1222controlled by socially and economically disadvantaged
1223individuals to conduct, by contract or otherwise, a construction
1224management development program. Participation in the program
1225will be limited to those firms which are certified under the
1226provisions of subsection (1) by the department or the federal
1227Small Business Administration or to any firm which has annual
1228gross receipts not exceeding $2 million averaged over a 3-year
1229period. The program will consist of classroom instruction and
1230on-the-job instruction. To the extent feasible, the registration
1231fee shall be set to cover the cost of instruction and overhead.
1232No salary will be paid to any participant.
1233     (d)  The department shall develop, under contract with the
1234State University System, the community college system, a school
1235district in behalf of its career vocational-technical center, or
1236a private consulting firm, a curriculum for instruction in the
1237courses that will lead to a certification of proficiency in the
1238construction management development program.
1239     Section 30.  Subsection (7) of section 364.508, Florida
1240Statutes, is amended to read:
1241     364.508  Definitions.--As used in this part:
1242     (7)  "Eligible facilities" means all approved campuses and
1243instructional centers of all public universities, public
1244community colleges, career area technical centers, public
1245elementary schools, middle schools, and high schools, including
1246school administrative offices, public libraries, teaching
1247hospitals, the research institute described in s. 1004.43, and
1248rural public hospitals as defined in s. 395.602. If no rural
1249public hospital exists in a community, the public health clinic
1250which is responsible for individuals before they can be
1251transferred to a regional hospital shall be considered eligible.
1252     Section 31.  Section 376.0705, Florida Statutes, is amended
1253to read:
1254     376.0705  Development of training programs and educational
1255materials.--The department shall encourage the development of
1256training programs for personnel needed for pollutant discharge
1257prevention and cleanup activities. The department shall work
1258with accredited community colleges, career vocational-technical
1259centers, state universities, and private institutions in
1260developing educational materials, courses of study, and other
1261such information to be made available for persons seeking to be
1262trained for pollutant discharge prevention and cleanup
1264     Section 32.  Paragraph (k) of subsection (3) of section
1265380.0651, Florida Statutes, is amended to read:
1266     380.0651  Statewide guidelines and standards.--
1267     (3)  The following statewide guidelines and standards shall
1268be applied in the manner described in s. 380.06(2) to determine
1269whether the following developments shall be required to undergo
1270development-of-regional-impact review:
1271     (k)  Schools.--
1272     1.  The proposed construction of any public, private, or
1273proprietary postsecondary educational campus which provides for
1274a design population of more than 5,000 full-time equivalent
1275students, or the proposed physical expansion of any public,
1276private, or proprietary postsecondary educational campus having
1277such a design population that would increase the population by
1278at least 20 percent of the design population.
1279     2.  As used in this paragraph, "full-time equivalent
1280student" means enrollment for 15 or more quarter hours during a
1281single academic semester. In career centers technical schools or
1282other institutions which do not employ semester hours or quarter
1283hours in accounting for student participation, enrollment for 18
1284contact hours shall be considered equivalent to one quarter
1285hour, and enrollment for 27 contact hours shall be considered
1286equivalent to one semester hour.
1287     3.  This paragraph does not apply to institutions which are
1288the subject of a campus master plan adopted by the university
1289board of trustees pursuant to s. 1013.30.
1290     Section 33.  Paragraph (d) of subsection (2) of section
1291402.305, Florida Statutes, is amended to read:
1292     402.305  Licensing standards; child care facilities.--
1293     (2)  PERSONNEL.--Minimum standards for child care personnel
1294shall include minimum requirements as to:
1295     (d)  Minimum training requirements for child care
1297     1.  Such minimum standards for training shall ensure that
1298all child care personnel take an approved 40-clock-hour
1299introductory course in child care, which course covers at least
1300the following topic areas:
1301     a.  State and local rules and regulations which govern
1302child care.
1303     b.  Health, safety, and nutrition.
1304     c.  Identifying and reporting child abuse and neglect.
1305     d.  Child development, including typical and atypical
1306language, cognitive, motor, social, and self-help skills
1308     e.  Observation of developmental behaviors, including using
1309a checklist or other similar observation tools and techniques to
1310determine the child's developmental age level.
1311     f.  Specialized areas, including computer technology for
1312professional and classroom use and early literacy and language
1313development of children from birth to 5 years of age, as
1314determined by the department, for owner-operators and child care
1315personnel of a child care facility.
1317Within 90 days after employment, child care personnel shall
1318begin training to meet the training requirements. Child care
1319personnel shall successfully complete such training within 1
1320year after the date on which the training began, as evidenced by
1321passage of a competency examination. Successful completion of
1322the 40-clock-hour introductory course shall articulate into
1323community college credit in early childhood education, pursuant
1324to ss. 1007.24 and 1007.25. Exemption from all or a portion of
1325the required training shall be granted to child care personnel
1326based upon educational credentials or passage of competency
1327examinations. Child care personnel possessing a 2-year degree or
1328higher that includes 6 college credit hours in early childhood
1329development or child growth and development, or a child
1330development associate credential or an equivalent state-approved
1331child development associate credential, or a child development
1332associate waiver certificate shall be automatically exempted
1333from the training requirements in sub-subparagraphs b., d., and
1335     2.  The introductory course in child care shall stress, to
1336the extent possible, an interdisciplinary approach to the study
1337of children.
1338     3.  On an annual basis in order to further their child care
1339skills and, if appropriate, administrative skills, child care
1340personnel who have fulfilled the requirements for the child care
1341training shall be required to take an additional 1 continuing
1342education unit of approved inservice training, or 10 clock hours
1343of equivalent training, as determined by the department.
1344     4.  Child care personnel shall be required to complete 0.5
1345continuing education unit of approved training or 5 clock hours
1346of equivalent training, as determined by the department, in
1347early literacy and language development of children from birth
1348to 5 years of age one time. The year that this training is
1349completed, it shall fulfill the 0.5 continuing education unit or
13505 clock hours of the annual training required in subparagraph 3.
1351     5.  Procedures for ensuring the training of qualified child
1352care professionals to provide training of child care personnel,
1353including onsite training, shall be included in the minimum
1354standards. It is recommended that the state community child care
1355coordination agencies (central agencies) be contracted by the
1356department to coordinate such training when possible. Other
1357district educational resources, such as community colleges and
1358career vocational-technical programs, can be designated in such
1359areas where central agencies may not exist or are determined not
1360to have the capability to meet the coordination requirements set
1361forth by the department.
1362     6.  Training requirements shall not apply to certain
1363occasional or part-time support staff, including, but not
1364limited to, swimming instructors, piano teachers, dance
1365instructors, and gymnastics instructors.
1366     7.  The department shall evaluate or contract for an
1367evaluation for the general purpose of determining the status of
1368and means to improve staff training requirements and testing
1369procedures. The evaluation shall be conducted every 2 years. The
1370evaluation shall include, but not be limited to, determining the
1371availability, quality, scope, and sources of current staff
1372training; determining the need for specialty training; and
1373determining ways to increase inservice training and ways to
1374increase the accessibility, quality, and cost-effectiveness of
1375current and proposed staff training. The evaluation methodology
1376shall include a reliable and valid survey of child care
1378     8.  The child care operator shall be required to take basic
1379training in serving children with disabilities within 5 years
1380after employment, either as a part of the introductory training
1381or the annual 8 hours of inservice training.
1382     Section 34.  Subsections (3) and (4) of section 402.3051,
1383Florida Statutes, are amended to read:
1384     402.3051  Child care market rate reimbursement; child care
1386     (3)  The department may provide child care grants to
1387central agencies, community colleges, and career
1388vocational/technical programs for the purpose of providing
1389support and technical assistance to licensed child care
1391     (4)  The department may use the state community child care
1392coordination agencies (central agencies), community colleges,
1393and career vocational/technical programs to implement this
1395     Section 35.  Subsection (2) of section 403.716, Florida
1396Statutes, is amended to read:
1397     403.716  Training of operators of solid waste management
1398and other facilities.--
1399     (2)  The department shall work with accredited community
1400colleges, career vocational-technical centers, state
1401universities, and private institutions in developing educational
1402materials, courses of study, and other such information to be
1403made available for persons seeking to be trained as operators of
1404solid waste management facilities.
1405     Section 36.  Subsection (8) of section 414.0252, Florida
1406Statutes, is amended to read:
1407     414.0252  Definitions.--As used in ss. 414.025-414.55, the
1409     (8)  "Minor child" means a child under 18 years of age, or
1410under 19 years of age if the child is a full-time student in a
1411secondary school or at the equivalent level of career vocational
1412or technical training, and does not include anyone who is
1413married or divorced.
1414     Section 37.  Subsection (11) of section 420.0004, Florida
1415Statutes, is amended to read:
1416     420.0004  Definitions.--As used in this part, unless the
1417context otherwise indicates:
1418     (11)  "Student" means any person not living with his or her
1419parent or guardian who is eligible to be claimed by his or her
1420parent or guardian as a dependent under the federal income tax
1421code and who is enrolled on at least a half-time basis in a
1422secondary school, career vocational-technical center, community
1423college, college, or university.
1424     Section 38.  Subsection (5) of section 420.524, Florida
1425Statutes, is amended to read:
1426     420.524  Definitions relating to Predevelopment Loan
1427Program Act.--For the purpose of ss. 420.521-420.529, the term:
1428     (5)  "Student" means any person not living with that
1429person's parent or guardian who is eligible to be claimed by
1430that person's parent or guardian as a dependent under the
1431federal income tax code and who is enrolled on at least a half-
1432time basis in a secondary school, career vocational-technical
1433center, community college, college, or university. The term does
1434not include a person participating in an educational or training
1435program approved by the corporation.
1436     Section 39.  Subsection (11) of section 420.602, Florida
1437Statutes, is amended to read:
1438     420.602  Definitions.--As used in this part, the following
1439terms shall have the following meanings, unless the context
1440otherwise requires:
1441     (11)  "Student" means any person not living with his or her
1442parent or guardian who is eligible to be claimed by his or her
1443parent or guardian as a dependent under the federal income tax
1444code and who is enrolled on at least a half-time basis in a
1445secondary school, career vocational-technical center, community
1446college, college, or university.
1447     Section 40.  Paragraph (c) of subsection (1) of section
1448440.16, Florida Statutes, is amended to read:
1449     440.16  Compensation for death.--
1450     (1)  If death results from the accident within 1 year
1451thereafter or follows continuous disability and results from the
1452accident within 5 years thereafter, the employer shall pay:
1453     (c)  To the surviving spouse, payment of postsecondary
1454student fees for instruction at any career area technical center
1455established under s. 1001.44 for up to 1,800 classroom hours or
1456payment of student fees at any community college established
1457under part III of chapter 1004 for up to 80 semester hours. The
1458spouse of a deceased state employee shall be entitled to a full
1459waiver of such fees as provided in ss. 1009.22 and 1009.23 in
1460lieu of the payment of such fees. The benefits provided for in
1461this paragraph shall be in addition to other benefits provided
1462for in this section and shall terminate 7 years after the death
1463of the deceased employee, or when the total payment in eligible
1464compensation under paragraph(b) has been received.  To qualify
1465for the educational benefit under this paragraph, the spouse
1466shall be required to meet and maintain the regular admission
1467requirements of, and be registered at, such career area
1468technical center or community college, and make satisfactory
1469academic progress as defined by the educational institution in
1470which the student is enrolled.
1471     Section 41.  Subsection (4) of section 443.171, Florida
1472Statutes, is amended to read:
1473     443.171  Agency for Workforce Innovation and commission;
1474powers and duties; records and reports; proceedings; state-
1475federal cooperation.--
1476     (4)  EMPLOYMENT STABILIZATION.--The Agency for Workforce
1477Innovation, under the direction of Workforce Florida, Inc.,
1478shall take all appropriate steps to reduce and prevent
1479unemployment; to encourage and assist in the adoption of
1480practical methods of career vocational training, retraining, and
1481career vocational guidance; to investigate, recommend, advise,
1482and assist in the establishment and operation, by
1483municipalities, counties, school districts, and the state, of
1484reserves for public works to be used in times of business
1485depression and unemployment; to promote the reemployment of the
1486unemployed workers throughout the state in every other way that
1487may be feasible; to refer any claimant entitled to extended
1488benefits to suitable work which meets the criteria of this
1489chapter; and, to these ends, to carry on and publish the results
1490of investigations and research studies.
1491     Section 42.  Subsection (2) of section 445.003, Florida
1492Statutes, is amended to read:
1493     445.003  Implementation of the federal Workforce Investment
1494Act of 1998.--
1495     (2)  FIVE-YEAR PLAN.--Workforce Florida, Inc., shall
1496prepare and submit a 5-year plan, which includes secondary
1497career vocational education, to fulfill the early implementation
1498requirements of Pub. L. No. 105-220 and applicable state
1499statutes. Mandatory federal partners and optional federal
1500partners shall be fully involved in designing the plan's one-
1501stop delivery system strategy. The plan shall detail a process
1502to clearly define each program's statewide duties and role
1503relating to the system. Any optional federal partner may
1504immediately choose to fully integrate its program's plan with
1505this plan, which shall, notwithstanding any other state
1506provisions, fulfill all their state planning and reporting
1507requirements as they relate to the one-stop delivery system. The
1508plan shall detail a process that would fully integrate all
1509federally mandated and optional partners by the second year of
1510the plan. All optional federal program partners in the planning
1511process shall be mandatory participants in the second year of
1512the plan.
1513     Section 43.  Paragraphs (b) and (d) of subsection (6) of
1514section 445.004, Florida Statutes, are amended to read:
1515     445.004  Workforce Florida, Inc.; creation; purpose;
1516membership; duties and powers.--
1517     (6)  Workforce Florida, Inc., may take action that it deems
1518necessary to achieve the purposes of this section, including,
1519but not limited to:
1520     (b)  Establishing policy direction for a funding system
1521that provides incentives to improve the outcomes of career
1522vocational education programs, and of registered apprenticeship
1523and work-based learning programs, and that focuses resources on
1524occupations related to new or emerging industries that add
1525greatly to the value of the state's economy.
1526     (d)  Designating Institutes of Applied Technology composed
1527of public and private postsecondary institutions working
1528together with business and industry to ensure that career
1529technical and vocational education programs use the most
1530advanced technology and instructional methods available and
1531respond to the changing needs of business and industry.
1532     Section 44.  Paragraph (f) of subsection (8) of section
1533445.009, Florida Statutes, is amended to read:
1534     445.009  One-stop delivery system.--
1535     (8)
1536     (f)  The accountability measures to be used in documenting
1537competencies acquired by the participant during training shall
1538be literacy completion points and occupational completion
1539points. Literacy completion points refers to the academic or
1540workforce readiness competencies that qualify a person for
1541further basic education, career vocational education, or for
1542employment. Occupational completion points refers to the career
1543vocational competencies that qualify a person to enter an
1544occupation that is linked to a career vocational program.
1545     Section 45.  Subsections (5) and (9) of section 445.012,
1546Florida Statutes, are amended to read:
1547     445.012  Careers for Florida's Future Incentive Grant
1549     (5)  A recipient who is pursuing a baccalaureate degree
1550shall receive $100 for each lower-division credit hour in which
1551the student is enrolled at an eligible college or university, up
1552to a maximum of $1,500 per semester, and $200 for each upper-
1553division credit hour in which the student is enrolled at an
1554eligible college or university, up to a maximum of $3,000 per
1555semester. For purposes of this section, a student is pursuing a
1556baccalaureate degree if he or she is in a program that
1557articulates into a baccalaureate degree program by agreement of
1558the Articulation Coordinating Committee. A student in an applied
1559technology diploma program, a certificate career education
1560program, or a degree career education program that does not
1561articulate into a baccalaureate degree program shall receive $2
1562for each career vocational contact hour, or the equivalent, for
1563certificate programs, or $60 for each credit hour, or the
1564equivalent, for degree career education programs and applied
1565technology programs for which the student is enrolled at an
1566eligible college, career technical center, or nonpublic career
1567education school.
1568     (9)  Funds may not be used to pay for remedial, college-
1569preparatory, or career-preparatory vocational-preparatory
1571     Section 46.  Subsection (1) of section 445.0123, Florida
1572Statutes, is amended to read:
1573     445.0123  Eligible postsecondary education institutions.--A
1574student is eligible for an award or the renewal of an award from
1575the Careers for Florida's Future Incentive Grant Program if the
1576student meets the requirements for the program as described in
1577ss. 445.012-445.0125 and is enrolled in a postsecondary
1578education institution that meets the description of any one of
1579the following:
1580     (1)  A public university, community college, or career
1581technical center in this state.
1582     Section 47.  Paragraph (g) of subsection (1) of section
1583445.024, Florida Statutes, is amended to read:
1584     445.024  Work requirements.--
1585     (1)  WORK ACTIVITIES.--The following activities may be used
1586individually or in combination to satisfy the work requirements
1587for a participant in the temporary cash assistance program:
1588     (g)  Career Vocational education or training.--Career
1589Vocational education or training is education or training
1590designed to provide participants with the skills and
1591certification necessary for employment in an occupational area.
1592Career Vocational education or training may be used as a primary
1593program activity for participants when it has been determined
1594that the individual has demonstrated compliance with other
1595phases of program participation and successful completion of the
1596career vocational education or training is likely to result in
1597employment entry at a higher wage than the participant would
1598have been likely to attain without completion of the career
1599vocational education or training. Career Vocational education or
1600training may be combined with other program activities and also
1601may be used to upgrade skills or prepare for a higher paying
1602occupational area for a participant who is employed.
1603     1.  Unless otherwise provided in this section, career
1604vocational education shall not be used as the primary program
1605activity for a period which exceeds 12 months. The 12-month
1606restriction applies to instruction in a career education program
1607and does not include remediation of basic skills, including
1608English language proficiency, if remediation is necessary to
1609enable a participant to benefit from a career education program.
1610Any necessary remediation must be completed before a participant
1611is referred to career vocational education as the primary work
1612activity. In addition, use of career vocational education or
1613training shall be restricted to the limitation established in
1614federal law. Career Vocational education included in a program
1615leading to a high school diploma shall not be considered career
1616vocational education for purposes of this section.
1617     2.  When possible, a provider of career vocational
1618education or training shall use funds provided by funding
1619sources other than the regional workforce board. The regional
1620workforce board may provide additional funds to a career
1621vocational education or training provider only if payment is
1622made pursuant to a performance-based contract. Under a
1623performance-based contract, the provider may be partially paid
1624when a participant completes education or training, but the
1625majority of payment shall be made following the participant's
1626employment at a specific wage or job retention for a specific
1627duration. Performance-based payments made under this
1628subparagraph are limited to education or training for targeted
1629occupations identified by the Workforce Estimating Conference
1630under s. 216.136, or other programs identified by Workforce
1631Florida, Inc., as beneficial to meet the needs of designated
1632groups who are hard to place. If the contract pays the full cost
1633of training, the community college or school district may not
1634report the participants for other state funding.
1635     Section 48.  Paragraph (i) of subsection (7) of section
1636445.049, Florida Statutes, is amended to read:
1637     445.049  Digital Divide Council.--
1638     (7)  PROGRAM OBJECTIVES AND GOALS.--The programs authorized
1639by this section shall have the following objectives and goals:
1640     (i)  Using information technology to enable members of at-
1641risk families who are no longer enrolled in K-12 schools to
1642obtain the education needed to achieve successful completion of
1643general education development test preparation to earn a high
1644school diploma, an applied technology diploma, a career
1645vocational certificate, an associate of arts degree, or a
1646baccalaureate degree.
1647     Section 49.  Subsection (1) of section 446.011, Florida
1648Statutes, is amended to read:
1649     446.011  Legislative intent regarding apprenticeship
1651     (1)  It is the intent of the State of Florida to provide
1652educational opportunities for its young people so that they can
1653be trained for trades, occupations, and professions suited to
1654their abilities. It is the intent of this act to promote the
1655mode of training known as apprenticeship in occupations
1656throughout industry in the state that require physical
1657manipulative skills. By broadening job training opportunities
1658and providing for increased coordination between public school
1659academic programs, career vocational programs, and registered
1660apprenticeship programs, the young people of the state will
1661benefit from the valuable training opportunities developed when
1662on-the-job training is combined with academic-related classroom
1663experiences. This act is intended to develop the apparent
1664potentials in apprenticeship training by assisting in the
1665establishment of preapprenticeship programs in the public school
1666system and elsewhere and by expanding presently registered
1667programs as well as promoting new registered programs in jobs
1668that lend themselves to apprenticeship training.
1669     Section 50.  Subsection (2) of section 446.052, Florida
1670Statutes, is amended to read:
1671     446.052  Preapprenticeship program.--
1672     (2)  The Division of Workforce Development of the
1673Department of Education, under regulations established by the
1674State Board of Education, is authorized to administer the
1675provisions of ss. 446.011-446.092 that relate to
1676preapprenticeship programs in cooperation with district school
1677boards and community college district boards of trustees.
1678District school boards, community college district boards of
1679trustees, and registered program sponsors shall cooperate in
1680developing and establishing programs that include career
1681vocational instruction and general education courses required to
1682obtain a high school diploma.
1683     Section 51.  Subsection (5) of section 446.22, Florida
1684Statutes, is amended to read:
1685     446.22  Definitions.--As used in this act, the following
1686words and phrases shall have the meanings set forth herein,
1687except where the context otherwise requires:
1688     (5)  "Educational facility" means any secondary school,
1689community college, university, or career center vocational
1690school participating in the program.
1691     Section 52.  Paragraph (a) of subsection (2), paragraph (a)
1692of subsection (3), and paragraph (a) of subsection (4) of
1693section 475.17, Florida Statutes, are amended to read:
1694     475.17  Qualifications for practice.--
1695     (2)(a)1.  In addition to other requirements under this
1696part, the commission may require the satisfactory completion of
1697one or more of the educational courses or equivalent courses
1698conducted, offered, sponsored, prescribed, or approved pursuant
1699to s. 475.04, taken at an accredited college, university, or
1700community college, at a career an area technical center, or at a
1701registered real estate school, as a condition precedent for any
1702person to become licensed or to renew her or his license as a
1703broker, broker associate, or sales associate. The course or
1704courses required for one to become initially licensed shall not
1705exceed a total of 63 classroom hours of 50 minutes each,
1706inclusive of examination, for a sales associate and 72 classroom
1707hours of 50 minutes each, inclusive of examination, for a
1708broker. The satisfactory completion of an examination
1709administered by the accredited college, university, or community
1710college, by a career the area technical center, or by the
1711registered real estate school shall be the basis for determining
1712satisfactory completion of the course. However, notice of
1713satisfactory completion shall not be issued if the student has
1714absences in excess of 8 classroom hours.
1715     2.  A distance learning course or courses shall be approved
1716by the commission as an option to classroom hours as
1717satisfactory completion of the course or courses as required by
1718this section. The schools authorized by this section have the
1719option of providing classroom courses, distance learning
1720courses, or both. However, satisfactory completion of a distance
1721learning course requires the satisfactory completion of a timed
1722distance learning course examination. Such examination shall not
1723be required to be monitored or given at a centralized location.
1724     3.  Such required course or courses must be made available
1725by correspondence or other suitable means to any person who, by
1726reason of hardship, as defined by rule, cannot attend the place
1727or places where the course or courses are regularly conducted or
1728does not have access to the distance learning course or courses.
1729     (3)(a)  The commission may prescribe a postlicensure
1730education requirement in order for a person to maintain a valid
1731sales associate's license, which shall not exceed 45 classroom
1732hours of 50 minutes each, inclusive of examination, prior to the
1733first renewal following initial licensure. If prescribed, this
1734shall consist of one or more commission-approved courses which
1735total at least 45 classroom hours on one or more subjects which
1736include, but are not limited to, property management, appraisal,
1737real estate finance, the economics of real estate management,
1738marketing, technology, sales and listing of properties, business
1739office management, courses teaching practical real estate
1740application skills, development of business plans, marketing of
1741property, and time management. Required postlicensure education
1742courses must be provided by an accredited college, university,
1743or community college, by a career an area technical center, by a
1744registered real estate school, or by a commission-approved
1746     (4)(a)  The commission may prescribe a postlicensure
1747education requirement in order for a person to maintain a valid
1748broker's license, which shall not exceed 60 classroom hours of
174950 minutes each, inclusive of examination, prior to the first
1750renewal following initial licensure. If prescribed, this shall
1751consist of one or more commission-approved courses which total
1752at least 60 classroom hours on one or more subjects which
1753include, but are not limited to, advanced appraisal, advanced
1754property management, real estate marketing, business law,
1755advanced real estate investment analyses, advanced legal
1756aspects, general accounting, real estate economics,
1757syndications, commercial brokerage, feasibility analyses,
1758advanced real estate finance, residential brokerage, advanced
1759marketing, technology, advanced business planning, time
1760management, or real estate brokerage office operations. Required
1761postlicensure education courses must be provided by an
1762accredited college, university, or community college, by a
1763career an area technical center, by a registered real estate
1764school, or by a commission-approved sponsor.
1765     Section 53.  Subsection (1) and paragraph (c) of subsection
1766(2) of section 475.451, Florida Statutes, are amended to read:
1767     475.451  Schools teaching real estate practice.--
1768     (1)  Each person, school, or institution, except approved
1769and accredited colleges, universities, community colleges, and
1770career area technical centers in this state, which offers or
1771conducts any course of study in real estate practice, teaches
1772any course prescribed by the commission as a condition precedent
1773to licensure or renewal of licensure as a broker or sales
1774associate, or teaches any course designed or represented to
1775enable or assist applicants for licensure as brokers or sales
1776associates to pass examinations for such licensure shall, before
1777commencing or continuing further to offer or conduct such course
1778or courses, obtain a permit from the department and abide by the
1779regulations imposed upon such person, school, or institution by
1780this chapter and rules of the commission adopted pursuant to
1781this chapter. The exemption for colleges, universities,
1782community colleges, and career area technical centers is limited
1783to transferable college credit courses offered by such
1785     (2)  An applicant for a permit to operate a proprietary
1786real estate school, to be a chief administrator of a proprietary
1787real estate school or a state institution, or to be an
1788instructor for a proprietary real estate school or a state
1789institution must meet the qualifications for practice set forth
1790in s. 475.17(1) and the following minimal requirements:
1791     (c)  "School instructor" means an individual who instructs
1792persons in the classroom in noncredit college courses in a
1793college, university, or community college or courses in a career
1794an area technical center or proprietary real estate school.
1795     1.  Before commencing to provide such instruction, the
1796applicant must certify the applicant's competency and obtain an
1797instructor permit by meeting one of the following requirements:
1798     a.  Hold a bachelor's degree in a business-related subject,
1799such as real estate, finance, accounting, business
1800administration, or its equivalent and hold a valid broker's
1801license in this state.
1802     b.  Hold a bachelor's degree, have extensive real estate
1803experience, as defined by rule, and hold a valid broker's
1804license in this state.
1805     c.  Pass an instructor's examination approved by the
1807     2.  Any requirement by the commission for a teaching
1808demonstration or practical examination must apply to all school
1809instructor applicants.
1810     3.  The department shall renew an instructor permit upon
1811receipt of a renewal application and fee. The renewal
1812application shall include proof that the permitholder has, since
1813the issuance or renewal of the current permit, successfully
1814completed a minimum of 7 classroom hours of instruction in real
1815estate subjects or instructional techniques, as prescribed by
1816the commission. The commission shall adopt rules providing for
1817the renewal of instructor permits at least every 2 years. Any
1818permit which is not renewed at the end of the permit period
1819established by the department shall automatically revert to
1820involuntarily inactive status.
1822The department may require an applicant to submit names of
1823persons having knowledge concerning the applicant and the
1824enterprise; may propound interrogatories to such persons and to
1825the applicant concerning the character of the applicant,
1826including the taking of fingerprints for processing through the
1827Federal Bureau of Investigation; and shall make such
1828investigation of the applicant or the school or institution as
1829it may deem necessary to the granting of the permit. If an
1830objection is filed, it shall be considered in the same manner as
1831objections or administrative complaints against other applicants
1832for licensure by the department.
1833     Section 54.  Subsection (1), paragraph (b) of subsection
1834(2), paragraph (b) of subsection (3), and paragraph (b) of
1835subsection (4) of section 475.617, Florida Statutes, are amended
1836to read:
1837     475.617  Education and experience requirements.--
1838     (1)  To be registered as a trainee appraiser, an applicant
1839must present evidence satisfactory to the board that she or he
1840has successfully completed at least 75 hours of approved
1841academic courses in subjects related to real estate appraisal,
1842which shall include coverage of the Uniform Standards of
1843Professional Appraisal Practice from a nationally recognized or
1844state-recognized appraisal organization, career area technical
1845center, accredited community college, college, or university,
1846state or federal agency or commission, or proprietary real
1847estate school that holds a permit pursuant to s. 475.451. The
1848board may increase the required number of hours to not more than
1849100 hours. A classroom hour is defined as 50 minutes out of each
185060-minute segment. Past courses may be approved on an hour-for-
1851hour basis.
1852     (2)  To be licensed as an appraiser, an applicant must
1853present evidence satisfactory to the board that she or he:
1854     (b)  Has successfully completed at least 90 classroom
1855hours, inclusive of examination, of approved academic courses in
1856subjects related to real estate appraisal, which shall include
1857coverage of the Uniform Standards of Professional Appraisal
1858Practice from a nationally recognized or state-recognized
1859appraisal organization, career area technical center, accredited
1860community college, college, or university, state or federal
1861agency or commission, or proprietary real estate school that
1862holds a permit pursuant to s. 475.451. The board may increase
1863the required number of hours to not more than 120 hours. A
1864classroom hour is defined as 50 minutes out of each 60-minute
1865segment. Past courses may be approved by the board and
1866substituted on an hour-for-hour basis.
1867     (3)  To be certified as a residential appraiser, an
1868applicant must present satisfactory evidence to the board that
1869she or he:
1870     (b)  Has successfully completed at least 120 classroom
1871hours, inclusive of examination, of approved academic courses in
1872subjects related to real estate appraisal, which shall include
1873coverage of the Uniform Standards of Professional Appraisal
1874Practice from a nationally recognized or state-recognized
1875appraisal organization, career area technical center, accredited
1876community college, college, or university, state or federal
1877agency or commission, or proprietary real estate school that
1878holds a permit pursuant to s. 475.451. The board may increase
1879the required number of hours to not more than 165 hours. A
1880classroom hour is defined as 50 minutes out of each 60-minute
1881segment. Past courses may be approved by the board and
1882substituted on an hour-for-hour basis.
1883     (4)  To be certified as a general appraiser, an applicant
1884must present evidence satisfactory to the board that she or he:
1885     (b)  Has successfully completed at least 180 classroom
1886hours, inclusive of examination, of approved academic courses in
1887subjects related to real estate appraisal, which shall include
1888coverage of the Uniform Standards of Professional Appraisal
1889Practice from a nationally recognized or state-recognized
1890appraisal organization, career area technical center, accredited
1891community college, college, or university, state or federal
1892agency or commission, or proprietary real estate school that
1893holds a permit pursuant to s. 475.451. The board may increase
1894the required number of hours to not more than 225 hours. A
1895classroom hour is defined as 50 minutes out of each 60-minute
1896segment. Past courses may be approved by the board and
1897substituted on an hour-for-hour basis.
1898     Section 55.  Subsection (1) of section 475.6175, Florida
1899Statutes, is amended to read:
1900     475.6175  Registered trainee appraiser; postlicensure
1901education required.--
1902     (1)  The board shall prescribe postlicensure educational
1903requirements in order for a person to maintain a valid
1904registration as a registered trainee appraiser. If prescribed,
1905the postlicensure educational requirements consist of one or
1906more courses which total no more than the total educational
1907hours required to qualify as a state certified residential
1908appraiser. Such courses must be in subjects related to real
1909estate appraisal and shall include coverage of the Uniform
1910Standards of Professional Appraisal Practice. Such courses are
1911provided by a nationally or state-recognized appraisal
1912organization, career area technical center, accredited community
1913college, college, or university, state or federal agency or
1914commission, or proprietary real estate school that holds a
1915permit pursuant to s. 475.451.
1916     Section 56.  Paragraph (c) of subsection (1) of section
1917475.618, Florida Statutes, is amended to read:
1918     475.618  Renewal of registration, license, certification,
1919or instructor permit; continuing education.--
1920     (1)
1921     (c)  The board may authorize independent certification
1922organizations to certify or approve the delivery method of
1923distance learning courses. Certification from such authorized
1924organizations must be provided at the time a distance learning
1925course is submitted to the board by an accredited college,
1926university, community college, career area technical center,
1927proprietary real estate school, or board-approved sponsor for
1928content approval.
1929     Section 57.  Subsections (1) and (2) of section 475.627,
1930Florida Statutes, are amended to read:
1931     475.627  Appraisal course instructors.--
1932     (1)  Where the course or courses to be taught are
1933prescribed by the board or approved precedent to registration,
1934licensure, certification, or renewal as a registered trainee
1935appraiser, licensed appraiser, or certified residential
1936appraiser, before commencing to instruct noncredit college
1937courses in a college, university, or community college, or
1938courses in a career an area technical center or proprietary real
1939estate school, a person must certify her or his competency by
1940meeting one of the following requirements:
1941     (a)  Hold a valid certification as a residential real
1942estate appraiser in this or any other state.
1943     (b)  Pass an appraiser instructor's examination which shall
1944test knowledge of residential appraisal topics.
1945     (2)  Where the course or courses to be taught are
1946prescribed by the board or approved precedent to registration,
1947licensure, certification, or renewal as a registered trainee
1948appraiser, licensed appraiser, or certified appraiser, before
1949commencing to instruct noncredit college courses in a college,
1950university, or community college, or courses in a career an area
1951technical center or proprietary real estate school, a person
1952must certify her or his competency by meeting one of the
1953following requirements:
1954     (a)  Hold a valid certification as a general real estate
1955appraiser in this or any other state.
1956     (b)  Pass an appraiser instructor's examination which shall
1957test knowledge of residential and nonresidential appraisal
1959     Section 58.  Subsection (1) of section 494.0029, Florida
1960Statutes, is amended to read:
1961     494.0029  Mortgage business schools.--
1962     (1)  Each person, school, or institution, except accredited
1963colleges, universities, community colleges, and career area
1964technical centers in this state, which offers or conducts
1965mortgage business training as a condition precedent to licensure
1966as a mortgage broker or lender or a correspondent mortgage
1967lender shall obtain a permit from the office and abide by the
1968regulations imposed upon such person, school, or institution by
1969this chapter and rules adopted pursuant to this chapter. The
1970commission shall, by rule, recertify the permits annually with
1971initial and renewal permit fees that do not exceed $500 plus the
1972cost of accreditation.
1973     Section 59.  Paragraph (a) of subsection (2) of section
1974509.302, Florida Statutes, is amended to read:
1975     509.302  Director of education, personnel, employment
1976duties, compensation.--
1977     (2)  The director of education shall develop and implement
1978an educational program, designated the "Hospitality Education
1979Program," offered for the benefit of the entire industry. This
1980program may affiliate with Florida State University, Florida
1981International University, and the University of Central Florida.
1982The program may also affiliate with any other member of the
1983State University System or Florida Community College System, or
1984with any privately funded college or university, which offers a
1985program of hospitality administration and management. The
1986primary goal of this program is to instruct and train all
1987individuals and businesses licensed under this chapter, in
1988cooperation with recognized associations that represent the
1989licensees, in the application of state and federal laws and
1990rules. Such programs shall also include:
1991     (a)  Career Vocational training.
1992     Section 60.  Subsection (4) of section 553.841, Florida
1993Statutes, is amended to read:
1994     553.841  Building code training program; participant
1995competency requirements.--
1996     (4)  The commission may enter into contracts with the
1997Department of Education, the State University System, the
1998Division of Community Colleges, model code organizations,
1999professional organizations, career centers vocational-technical
2000schools, trade organizations, and private industry to administer
2001the program.
2002     Section 61.  Subsection (12) of section 790.06, Florida
2003Statutes, is amended to read:
2004     790.06  License to carry concealed weapon or firearm.--
2005     (12)  No license issued pursuant to this section shall
2006authorize any person to carry a concealed weapon or firearm into
2007any place of nuisance as defined in s. 823.05; any police,
2008sheriff, or highway patrol station; any detention facility,
2009prison, or jail; any courthouse; any courtroom, except that
2010nothing in this section would preclude a judge from carrying a
2011concealed weapon or determining who will carry a concealed
2012weapon in his or her courtroom; any polling place; any meeting
2013of the governing body of a county, public school district,
2014municipality, or special district; any meeting of the
2015Legislature or a committee thereof; any school, college, or
2016professional athletic event not related to firearms; any school
2017administration building; any portion of an establishment
2018licensed to dispense alcoholic beverages for consumption on the
2019premises, which portion of the establishment is primarily
2020devoted to such purpose; any elementary or secondary school
2021facility; any career area technical center; any college or
2022university facility unless the licensee is a registered student,
2023employee, or faculty member of such college or university and
2024the weapon is a stun gun or nonlethal electric weapon or device
2025designed solely for defensive purposes and the weapon does not
2026fire a dart or projectile; inside the passenger terminal and
2027sterile area of any airport, provided that no person shall be
2028prohibited from carrying any legal firearm into the terminal,
2029which firearm is encased for shipment for purposes of checking
2030such firearm as baggage to be lawfully transported on any
2031aircraft; or any place where the carrying of firearms is
2032prohibited by federal law. Any person who willfully violates any
2033provision of this subsection commits a misdemeanor of the second
2034degree, punishable as provided in s. 775.082 or s. 775.083.
2035     Section 62.  Section 790.115, Florida Statutes, is amended
2036to read:
2037     790.115  Possessing or discharging weapons or firearms at a
2038school-sponsored event or on school property prohibited;
2039penalties; exceptions.--
2040     (1)  A person who exhibits any sword, sword cane, firearm,
2041electric weapon or device, destructive device, or other weapon,
2042including a razor blade, box cutter, or knife, except as
2043authorized in support of school-sanctioned activities, in the
2044presence of one or more persons in a rude, careless, angry, or
2045threatening manner and not in lawful self-defense, at a school-
2046sponsored event or on the grounds or facilities of any school,
2047school bus, or school bus stop, or within 1,000 feet of the real
2048property that comprises a public or private elementary school,
2049middle school, or secondary school, during school hours or
2050during the time of a sanctioned school activity, commits a
2051felony of the third degree, punishable as provided in s.
2052775.082, s. 775.083, or s. 775.084. This subsection does not
2053apply to the exhibition of a firearm or weapon on private real
2054property within 1,000 feet of a school by the owner of such
2055property or by a person whose presence on such property has been
2056authorized, licensed, or invited by the owner.
2057     (2)(a)  A person shall not possess any firearm, electric
2058weapon or device, destructive device, or other weapon, including
2059a razor blade, box cutter, or knife, except as authorized in
2060support of school-sanctioned activities, at a school-sponsored
2061event or on the property of any school, school bus, or school
2062bus stop; however, a person may carry a firearm:
2063     1.  In a case to a firearms program, class or function
2064which has been approved in advance by the principal or chief
2065administrative officer of the school as a program or class to
2066which firearms could be carried;
2067     2.  In a case to a career center vocational school having a
2068firearms training range; or
2069     3.  In a vehicle pursuant to s. 790.25(5); except that
2070school districts may adopt written and published policies that
2071waive the exception in this subparagraph for purposes of student
2072and campus parking privileges.
2074For the purposes of this section, "school" means any preschool,
2075elementary school, middle school, junior high school, secondary
2076school, career center vocational school, or postsecondary
2077school, whether public or nonpublic.
2078     (b)  A person who willfully and knowingly possesses any
2079electric weapon or device, destructive device, or other weapon,
2080including a razor blade, box cutter, or knife, except as
2081authorized in support of school-sanctioned activities, in
2082violation of this subsection commits a felony of the third
2083degree, punishable as provided in s. 775.082, s. 775.083, or s.
2085     (c)1.  A person who willfully and knowingly possesses any
2086firearm in violation of this subsection commits a felony of the
2087third degree, punishable as provided in s. 775.082, s. 775.083,
2088or s. 775.084.
2089     2.  A person who stores or leaves a loaded firearm within
2090the reach or easy access of a minor who obtains the firearm and
2091commits a violation of subparagraph 1. commits a misdemeanor of
2092the second degree, punishable as provided in s. 775.082 or s.
2093775.083; except that this does not apply if the firearm was
2094stored or left in a securely locked box or container or in a
2095location which a reasonable person would have believed to be
2096secure, or was securely locked with a firearm-mounted push-
2097button combination lock or a trigger lock; if the minor obtains
2098the firearm as a result of an unlawful entry by any person; or
2099to members of the Armed Forces, National Guard, or State
2100Militia, or to police or other law enforcement officers, with
2101respect to firearm possession by a minor which occurs during or
2102incidental to the performance of their official duties.
2103     (d)  A person who discharges any weapon or firearm while in
2104violation of paragraph (a), unless discharged for lawful defense
2105of himself or herself or another or for a lawful purpose,
2106commits a felony of the second degree, punishable as provided in
2107s. 775.082, s. 775.083, or s. 775.084.
2108     (e)  The penalties of this subsection shall not apply to
2109persons licensed under s. 790.06. Persons licensed under s.
2110790.06 shall be punished as provided in s. 790.06(12), except
2111that a licenseholder who unlawfully discharges a weapon or
2112firearm on school property as prohibited by this subsection
2113commits a felony of the second degree, punishable as provided in
2114s. 775.082, s. 775.083, or s. 775.084.
2115     (3)  This section does not apply to any law enforcement
2116officer as defined in s. 943.10(1), (2), (3), (4), (6), (7),
2117(8), (9), or (14).
2118     (4)  Notwithstanding s. 985.213, s. 985.214, or s.
2119985.215(1), any minor under 18 years of age who is charged under
2120this section with possessing or discharging a firearm on school
2121property shall be detained in secure detention, unless the state
2122attorney authorizes the release of the minor, and shall be given
2123a probable cause hearing within 24 hours after being taken into
2124custody. At the hearing, the court may order that the minor
2125continue to be held in secure detention for a period of 21 days,
2126during which time the minor shall receive medical, psychiatric,
2127psychological, or substance abuse examinations pursuant to s.
2128985.224, and a written report shall be completed.
2129     Section 63.  Section 810.095, Florida Statutes, is amended
2130to read:
2131     810.095  Trespass on school property with firearm or other
2132weapon prohibited.--
2133     (1)  It is a felony of the third degree, punishable as
2134provided in s. 775.082, s. 775.083, or s. 775.084, for a person
2135who is trespassing upon school property to bring onto, or to
2136possess on, such school property, any weapon or firearm.
2137     (2)  As used in this section, "school property" means the
2138grounds or facility of any kindergarten, elementary school,
2139middle school, junior high school, secondary school, career
2140center vocational school, or postsecondary school, whether
2141public or nonpublic.
2142     Section 64.  Paragraph (b) of subsection (6) of section
2143943.14, Florida Statutes, is amended to read:
2144     943.14  Commission-certified criminal justice training
2145schools; certificates and diplomas; exemptions; injunctive
2146relief; fines.--
2147     (6)
2148     (b)  All other criminal justice sciences or administration
2149courses or subjects which are a part of the curriculum of any
2150accredited college, university, community college, or career
2151vocational-technical center of this state, and all full-time
2152instructors of such institutions, are exempt from the provisions
2153of subsections (1)-(5).
2154     Section 65.  Paragraph (c) of subsection (11) of section
2155948.015, Florida Statutes, is amended to read:
2156     948.015  Presentence investigation reports.--The circuit
2157court, when the defendant in a criminal case has been found
2158guilty or has entered a plea of nolo contendere or guilty and
2159has a lowest permissible sentence under the Criminal Punishment
2160Code of any nonstate prison sanction, may refer the case to the
2161department for investigation or recommendation.  Upon such
2162referral, the department shall make the following report in
2163writing at a time specified by the court prior to sentencing.
2164The full report shall include:
2165     (11)  Information about any resources available to assist
2166the offender, such as:
2167     (c)  Career Vocational training programs.
2168     Section 66.  Paragraph (b) of subsection (3) of section
2169948.09, Florida Statutes, is amended to read:
2170     948.09  Payment for cost of supervision and
2172     (3)  Any failure to pay contribution as required under this
2173section may constitute a ground for the revocation of probation
2174by the court, the revocation of parole or conditional release by
2175the Parole Commission, the revocation of control release by the
2176Control Release Authority, or removal from the pretrial
2177intervention program by the state attorney.  The Department of
2178Corrections may exempt a person from the payment of all or any
2179part of the contribution if it finds any of the following
2180factors to exist:
2181     (b)  The offender is a student in a school, college,
2182university, or course of career vocational or technical training
2183designed to fit the student for gainful employment.
2184Certification of such student status shall be supplied to the
2185Secretary of Corrections by the educational institution in which
2186the offender is enrolled.
2187     Section 67.  Subsection (1) of section 958.12, Florida
2188Statutes, is amended to read:
2189     958.12  Participation in certain activities required.--
2190     (1)  A youthful offender shall be required to participate
2191in work assignments, and in career vocational, academic,
2192counseling, and other rehabilitative programs in accordance with
2193this section, including, but not limited to:
2194     (a)  All youthful offenders may be required, as
2195appropriate, to participate in:
2196     1.  Reception and orientation.
2197     2.  Evaluation, needs assessment, and classification.
2198     3.  Educational programs.
2199     4.  Career Vocational and job training.
2200     5.  Life and socialization skills training, including
2201anger/aggression control.
2202     6.  Prerelease orientation and planning.
2203     7.  Appropriate transition services.
2204     (b)  In addition to the requirements in paragraph (a), the
2205department shall make available:
2206     1.  Religious services and counseling.
2207     2.  Social services.
2208     3.  Substance abuse treatment and counseling.
2209     4.  Psychological and psychiatric services.
2210     5.  Library services.
2211     6.  Medical and dental health care.
2212     7.  Athletic, recreational, and leisure time activities.
2213     8.  Mail and visiting privileges.
2215Income derived by a youthful offender from participation in such
2216activities may be used, in part, to defray a portion of the
2217costs of his or her incarceration or supervision; to satisfy
2218preexisting obligations; to pay fines, counseling fees, or other
2219costs lawfully imposed; or to pay restitution to the victim of
2220the crime for which the youthful offender has been convicted in
2221an amount determined by the sentencing court. Any such income
2222not used for such reasons or not used as provided in s. 946.513
2223or s. 958.09 shall be placed in a bank account for use by the
2224youthful offender upon his or her release.
2225     Section 68.  Subsections (29) and (43) of section 985.03,
2226Florida Statutes, are amended to read:
2227     985.03  Definitions.--When used in this chapter, the term:
2228     (29)  "Juvenile justice continuum" includes, but is not
2229limited to, delinquency prevention programs and services
2230designed for the purpose of preventing or reducing delinquent
2231acts, including criminal activity by youth gangs, and juvenile
2232arrests, as well as programs and services targeted at children
2233who have committed delinquent acts, and children who have
2234previously been committed to residential treatment programs for
2235delinquents. The term includes children-in-need-of-services and
2236families-in-need-of-services programs; conditional release;
2237substance abuse and mental health programs; educational and
2238career vocational programs; recreational programs; community
2239services programs; community service work programs; and
2240alternative dispute resolution programs serving children at risk
2241of delinquency and their families, whether offered or delivered
2242by state or local governmental entities, public or private for-
2243profit or not-for-profit organizations, or religious or
2244charitable organizations.
2245     (43)  "Probation" means the legal status of probation
2246created by law and court order in cases involving a child who
2247has been found to have committed a delinquent act. Probation is
2248an individualized program in which the freedom of the child is
2249limited and the child is restricted to noninstitutional quarters
2250or restricted to the child's home in lieu of commitment to the
2251custody of the Department of Juvenile Justice.  Youth on
2252probation may be assessed and classified for placement in day-
2253treatment probation programs designed for youth who represent a
2254minimum risk to themselves and public safety and do not require
2255placement and services in a residential setting. Program types
2256in this more intensive and structured day-treatment probation
2257option include career vocational programs, marine programs,
2258juvenile justice alternative schools, training and
2259rehabilitation programs, and gender-specific programs.
2260     Section 69.  Paragraphs (a) and (b) of subsection (1),
2261paragraph (a) of subsection (2), subsection (3), and paragraphs
2262(a), (b), and (d) of subsection (4) of section 985.315, Florida
2263Statutes, are amended to read:
2264     985.315  Educational Educational/technical and career-
2265related vocational work-related programs.--
2266     (1)(a)  It is the finding of the Legislature that the
2267educational educational/technical and career-related vocational
2268work-related programs of the Department of Juvenile Justice are
2269uniquely different from other programs operated or conducted by
2270other departments in that it is essential to the state that
2271these programs provide juveniles with useful information and
2272activities that can lead to meaningful employment after release
2273in order to assist in reducing the return of juveniles to the
2275     (b)  It is further the finding of the Legislature that the
2276mission of a juvenile educational educational/technical and
2277career-related vocational work-related program is, in order of
2279     1.  To provide a joint effort between the department, the
2280juvenile work programs, and educational educational/technical
2281and career vocational training programs to reinforce relevant
2282education, training, and postrelease job placement, and help
2283reduce recommitment.
2284     2.  To serve the security goals of the state through the
2285reduction of idleness of juveniles and the provision of an
2286incentive for good behavior in residential commitment
2288     3.  To teach youth in juvenile justice programs relevant
2289job skills and the fundamentals of a trade in order to prepare
2290them for placement in the workforce.
2291     (2)(a)  The department is strongly encouraged to require
2292juveniles placed in a high-risk residential, maximum-risk
2293residential, or a serious/habitual offender program to
2294participate in an educational educational/technical or career-
2295related vocational work-related program 5 hours per day, 5 days
2296per week.  All policies developed by the department relating to
2297this requirement must be consistent with applicable federal,
2298state, and local labor laws and standards, including all laws
2299relating to child labor.
2300     (3)  In adopting or modifying master plans for juvenile
2301work programs and educational educational/technical and career
2302vocational training programs, and in the administration of the
2303Department of Juvenile Justice, it shall be the objective of the
2304department to develop:
2305     (a)  Attitudes favorable to work, the work situation, and a
2306law-abiding life in each juvenile employed in the juvenile work
2308     (b)  Education and training opportunities that are
2309reasonably broad, but which develop specific work skills.
2310     (c)  Programs that motivate juveniles to use their
2312     (d)  Education and training programs that will be of mutual
2313benefit to all governmental jurisdictions of the state by
2314reducing the costs of government to the taxpayers and which
2315integrate all instructional programs into a unified curriculum
2316suitable for all juveniles, but taking account of the different
2317abilities of each juvenile.
2318     (e)  A logical sequence of educational
2319educational/technical or career vocational training, employment
2320by the juvenile work programs, and postrelease job placement for
2321juveniles participating in juvenile work programs.
2322     (4)(a)  The Department of Juvenile Justice shall establish
2323guidelines for the operation of juvenile educational
2324educational/technical and career-related vocational work-related
2325programs, which shall include the following procedures:
2326     1.  Participation in the educational educational/technical
2327and career-related vocational work-related programs shall be on
2328a 5-day-per-week, 5-hour-per-day basis.
2329     2.  The education, training, work experience, emotional and
2330mental abilities, and physical capabilities of the juvenile and
2331the duration of the term of placement imposed on the juvenile
2332are to be analyzed before assignment of the juvenile into the
2333various processes best suited for educational
2334educational/technical or career vocational training.
2335     3.  When feasible, the department shall attempt to obtain
2336education or training credit for a juvenile seeking
2337apprenticeship status or a high school diploma or its
2339     4.  The juvenile may begin in a general education and work
2340skills program and progress to a specific work skills training
2341program, depending upon the ability, desire, and education and
2342work record of the juvenile.
2343     5.  Modernization and upgrading of equipment and facilities
2344should include greater automation and improved production
2345techniques to expose juveniles to the latest technological
2346procedures to facilitate their adjustment to real work
2348     (b)  Evaluations of juvenile educational
2349educational/technical and career-related vocational work-related
2350programs shall be conducted according to the following
2352     1.  Systematic evaluations and quality assurance monitoring
2353shall be implemented, in accordance with s. 985.412(1), (2), and
2354(5), to determine whether the programs are related to successful
2355postrelease adjustments.
2356     2.  Operations and policies of the programs shall be
2357reevaluated to determine if they are consistent with their
2358primary objectives.
2359     (d)  The department and providers are strongly encouraged
2360to work in partnership with local businesses and trade groups in
2361the development and operation of educational
2362educational/technical and career vocational programs.
2363     Section 70.  Subsections (1) and (2) of section 1000.04,
2364Florida Statutes, are amended to read:
2365     1000.04  Components for the delivery of public education
2366within the Florida K-20 education system.--Florida's K-20
2367education system provides for the delivery of public education
2368through publicly supported and controlled K-12 schools,
2369community colleges, state universities and other postsecondary
2370educational institutions, other educational institutions, and
2371other educational services as provided or authorized by the
2372Constitution and laws of the state.
2373     (1)  PUBLIC K-12 SCHOOLS.--The public K-12 schools include
2374charter schools and consist of kindergarten classes; elementary,
2375middle, and high school grades and special classes; workforce
2376development education; career area technical centers; adult,
2377part-time, career and technical, and evening schools, courses,
2378or classes, as authorized by law to be operated under the
2379control of district school boards; and lab schools operated
2380under the control of state universities.
2382postsecondary educational institutions include workforce
2383development education; community colleges; colleges; state
2384universities; and all other state-supported postsecondary
2385educational institutions that are authorized and established by
2387     Section 71.  Paragraph (e) of subsection (2) and subsection
2388(4) of section 1000.05, Florida Statutes, are amended to read:
2389     1000.05  Discrimination against students and employees in
2390the Florida K-20 public education system prohibited; equality of
2391access required.--
2392     (2)
2393     (e)  Guidance services, counseling services, and financial
2394assistance services in the state public K-20 education system
2395shall be available to students equally.  Guidance and counseling
2396services, materials, and promotional events shall stress access
2397to academic and, career and technical opportunities for students
2398without regard to race, ethnicity, national origin, gender,
2399disability, or marital status.
2400     (4)  Educational institutions within the state public K-20
2401education system shall develop and implement methods and
2402strategies to increase the participation of students of a
2403particular race, ethnicity, national origin, gender, disability,
2404or marital status in programs and courses in which students of
2405that particular race, ethnicity, national origin, gender,
2406disability, or marital status have been traditionally
2407underrepresented, including, but not limited to, mathematics,
2408science, computer technology, electronics, communications
2409technology, engineering, and career and technical education.
2410     Section 72.  Paragraph (h) of subsection (4) of section
24111001.42, Florida Statutes, is amended to read:
2412     1001.42  Powers and duties of district school board.--The
2413district school board, acting as a board, shall exercise all
2414powers and perform all duties listed below:
2416SCHOOLS.--Adopt and provide for the execution of plans for the
2417establishment, organization, and operation of the schools of the
2418district, including, but not limited to, the following:
2419     (h)  Career and technical classes and schools.--Provide for
2420the establishment and maintenance of career and technical
2421schools, departments, or classes, giving instruction in career
2422and technical education as defined by rules of the State Board
2423of Education, and use any moneys raised by public taxation in
2424the same manner as moneys for other school purposes are used for
2425the maintenance and support of public schools or classes.
2426     Section 73.  Section 1001.44, Florida Statutes, is amended
2427to read:
2428     1001.44  Career Technical centers.--
2430TECHNICAL CENTERS.--Any district school board, after first
2431obtaining the approval of the Department of Education, may, as a
2432part of the district school system, organize, establish and
2433operate a career technical center, or acquire and operate a
2434career center technical school previously established.
2437school boards of any two or more contiguous districts may, upon
2438first obtaining the approval of the department, enter into an
2439agreement to organize, establish and operate, or acquire and
2440operate, a career technical center under this section.
2443     (a)  A career technical center established or acquired
2444under provisions of law and minimum standards prescribed by the
2445commissioner shall comprise a part of the district school system
2446and shall mean an educational institution offering terminal
2447courses of a technical nature, and courses for out-of-school
2448youth and adults; shall be subject to all applicable provisions
2449of this code; shall be under the control of the district school
2450board of the school district in which it is located; and shall
2451be directed by a director responsible through the district
2452school superintendent to the district school board of the school
2453district in which the center is located.
2454     (b)  Each career technical center shall maintain an
2455academic transcript for each student enrolled in the center.
2456Such transcript shall delineate each course completed by the
2457student. Courses shall be delineated by the course prefix and
2458title assigned pursuant to s. 1007.24. The center shall make a
2459copy of a student's transcript available to any student who
2460requests it.
2461     Section 74.  Paragraph (a) of subsection (1) of section
24621001.452, Florida Statutes, is amended to read:
2463     1001.452  District and school advisory councils.--
2464     (1)  ESTABLISHMENT.--
2465     (a)  The district school board shall establish an advisory
2466council for each school in the district and shall develop
2467procedures for the election and appointment of advisory council
2468members. Each school advisory council shall include in its name
2469the words "school advisory council." The school advisory council
2470shall be the sole body responsible for final decisionmaking at
2471the school relating to implementation of the provisions of ss.
24721001.42(16) and 1008.345. A majority of the members of each
2473school advisory council must be persons who are not employed by
2474the school. Each advisory council shall be composed of the
2475principal and an appropriately balanced number of teachers,
2476education support employees, students, parents, and other
2477business and community citizens who are representative of the
2478ethnic, racial, and economic community served by the school.
2479Career Technical center and high school advisory councils shall
2480include students, and middle and junior high school advisory
2481councils may include students. School advisory councils of
2482career centers technical and adult education centers are not
2483required to include parents as members. Council members
2484representing teachers, education support employees, students,
2485and parents shall be elected by their respective peer groups at
2486the school in a fair and equitable manner as follows:
2487     1.  Teachers shall be elected by teachers.
2488     2.  Education support employees shall be elected by
2489education support employees.
2490     3.  Students shall be elected by students.
2491     4.  Parents shall be elected by parents.
2493The district school board shall establish procedures for use by
2494schools in selecting business and community members that include
2495means of ensuring wide notice of vacancies and of taking input
2496on possible members from local business, chambers of commerce,
2497community and civic organizations and groups, and the public at
2498large. The district school board shall review the membership
2499composition of each advisory council. If the district school
2500board determines that the membership elected by the school is
2501not representative of the ethnic, racial, and economic community
2502served by the school, the district school board shall appoint
2503additional members to achieve proper representation. The
2504commissioner shall determine if schools have maximized their
2505efforts to include on their advisory councils minority persons
2506and persons of lower socioeconomic status. Although schools are
2507strongly encouraged to establish school advisory councils, the
2508district school board of any school district that has a student
2509population of 10,000 or fewer may establish a district advisory
2510council which shall include at least one duly elected teacher
2511from each school in the district. For the purposes of school
2512advisory councils and district advisory councils, the term
2513"teacher" shall include classroom teachers, certified student
2514services personnel, and media specialists. For purposes of this
2515paragraph, "education support employee" means any person
2516employed by a school who is not defined as instructional or
2517administrative personnel pursuant to s. 1012.01 and whose duties
2518require 20 or more hours in each normal working week.
2519     Section 75.  Paragraph (a) of subsection (1) of section
25201001.453, Florida Statutes, is amended to read:
2521     1001.453  Direct-support organization; use of property;
2522board of directors; audit.--
2523     (1)  DEFINITIONS.--For the purposes of this section, the
2525     (a)  "District school board direct-support organization"
2526means an organization that:
2527     1.  Is approved by the district school board;
2528     2.  Is a Florida corporation not for profit, incorporated
2529under the provisions of chapter 617 and approved by the
2530Department of State; and
2531     3.  Is organized and operated exclusively to receive, hold,
2532invest, and administer property and to make expenditures to or
2533for the benefit of public kindergarten through 12th grade
2534education and adult career and technical and community education
2535programs in this state.
2536     Section 76.  Subsection (16) of section 1001.64, Florida
2537Statutes, is amended to read:
2538     1001.64  Community college boards of trustees; powers and
2540     (16)  Each board of trustees must expend performance funds
2541provided for workforce development education pursuant to the
2542provisions of s. 1011.80.
2543     Section 77.  Subsection (2) of section 1002.01, Florida
2544Statutes, is amended to read:
2545     1002.01  Definitions.--
2546     (2)  A "private school" is a nonpublic school defined as an
2547individual, association, copartnership, or corporation, or
2548department, division, or section of such organizations, that
2549designates itself as an educational center that includes
2550kindergarten or a higher grade or as an elementary, secondary,
2551business, technical, or trade school below college level or any
2552organization that provides instructional services that meet the
2553intent of s. 1003.01(14) or that gives preemployment or
2554supplementary training in technology or in fields of trade or
2555industry or that offers academic, literary, or career and
2556technical training below college level, or any combination of
2557the above, including an institution that performs the functions
2558of the above schools through correspondence or extension, except
2559those licensed under the provisions of chapter 1005. A private
2560school may be a parochial, religious, denominational, for-
2561profit, or nonprofit school. This definition does not include
2562home education programs conducted in accordance with s. 1002.41.
2563     Section 78.  Paragraph (f) of subsection (3) of section
25641002.20, Florida Statutes, is amended to read:
2565     1002.20  K-12 student and parent rights.--Parents of public
2566school students must receive accurate and timely information
2567regarding their child's academic progress and must be informed
2568of ways they can help their child to succeed in school. K-12
2569students and their parents are afforded numerous statutory
2570rights including, but not limited to, the following:
2571     (3)  HEALTH ISSUES.--
2572     (f)  Career and technical education courses involving
2573hazardous substances.--High school students must be given plano
2574safety glasses or devices in career and technical education
2575courses involving the use of hazardous substances likely to
2576cause eye injury, in accordance with the provisions of s.
2578     Section 79.  Paragraph (a) of subsection (2) and
2579subsections (3) and (5) of section 1002.22, Florida Statutes,
2580are amended to read:
2581     1002.22  Student records and reports; rights of parents and
2582students; notification; penalty.--
2583     (2)  DEFINITIONS.--As used in this section:
2584     (a)  "Chief executive officer" means that person, whether
2585elected or appointed, who is responsible for the management and
2586administration of any public educational body or unit, or the
2587chief executive officer's designee for student records; that is,
2588the district school superintendent, the director of a career an
2589area technical center, the president of a public postsecondary
2590educational institution, or their designees.
2591     (3)  RIGHTS OF PARENT OR STUDENT.--The parent of any
2592student who attends or has attended any public school, career
2593area technical center, or public postsecondary educational
2594institution shall have the following rights with respect to any
2595records or reports created, maintained, and used by any public
2596educational institution in the state. However, whenever a
2597student has attained 18 years of age, or is attending a
2598postsecondary educational institution, the permission or consent
2599required of, and the rights accorded to, the parents of the
2600student shall thereafter be required of and accorded to the
2601student only, unless the student is a dependent student of such
2602parents as defined in 26 U.S.C. s. 152 (s. 152 of the Internal
2603Revenue Code of 1954). The State Board of Education shall adopt
2604rules whereby parents or students may exercise these rights:
2605     (a)  Right of access.--
2606     1.  Such parent or student shall have the right, upon
2607request directed to the appropriate school official, to be
2608provided with a list of the types of records and reports,
2609directly related to students, as maintained by the institution
2610that the student attends or has attended.
2611     2.  Such parent or student shall have the right, upon
2612request, to be shown any record or report relating to such
2613student maintained by any public educational institution. When
2614the record or report includes information on more than one
2615student, the parent or student shall be entitled to receive, or
2616be informed of, only that part of the record or report that
2617pertains to the student who is the subject of the request. Upon
2618a reasonable request therefor, the institution shall furnish
2619such parent or student with an explanation or interpretation of
2620any such record or report.
2621     3.  Copies of any list, record, or report requested under
2622the provisions of this paragraph shall be furnished to the
2623parent or student upon request.
2624     4.  The State Board of Education shall adopt rules to be
2625followed by all public educational institutions in granting
2626requests for lists, or for access to reports and records or for
2627copies or explanations thereof under this paragraph. However,
2628access to any report or record requested under the provisions of
2629subparagraph 2. shall be granted within 30 days after receipt of
2630such request by the institution. Fees may be charged for
2631furnishing any copies of reports or records requested under
2632subparagraph 3., but such fees shall not exceed the actual cost
2633to the institution of producing such copies.
2634     (b)  Right of waiver of access to confidential letters or
2635statements.--A parent or student shall have the right to waive
2636the right of access to letters or statements of recommendation
2637or evaluation, except that such waiver shall apply to
2638recommendations or evaluations only if:
2639     1.  The parent or student is, upon request, notified of the
2640names of all persons submitting confidential letters or
2642     2.  Such recommendations or evaluations are used solely for
2643the purpose for which they were specifically intended.
2645Such waivers may not be required as a condition for admission
2646to, receipt of financial aid from, or receipt of any other
2647services or benefits from, any public agency or public
2648educational institution in this state.
2649     (c)  Right to challenge and hearing.--A parent or student
2650shall have the right to challenge the content of any record or
2651report to which such person is granted access under paragraph
2652(a), in order to ensure that the record or report is not
2653inaccurate, misleading, or otherwise in violation of the privacy
2654or other rights of the student and to provide an opportunity for
2655the correction, deletion, or expunction of any inaccurate,
2656misleading, or otherwise inappropriate data or material
2657contained therein. Any challenge arising under the provisions of
2658this paragraph may be settled through informal meetings or
2659discussions between the parent or student and appropriate
2660officials of the educational institution. If the parties at such
2661a meeting agree to make corrections, to make deletions, to
2662expunge material, or to add a statement of explanation or
2663rebuttal to the file, such agreement shall be reduced to writing
2664and signed by the parties; and the appropriate school officials
2665shall take the necessary actions to implement the agreement. If
2666the parties cannot reach an agreement, upon the request of
2667either party, a hearing shall be held on such challenge under
2668rules adopted by the State Board of Education. Upon the request
2669of the parent or student, the hearing shall be exempt from the
2670requirements of s. 286.011. Such rules shall include at least
2671the following provisions:
2672     1.  The hearing shall be conducted within a reasonable
2673period of time following the request for the hearing.
2674     2.  The hearing shall be conducted, and the decision
2675rendered, by an official of the educational institution or other
2676party who does not have a direct interest in the outcome of the
2678     3.  The parent or student shall be afforded a full and fair
2679opportunity to present evidence relevant to the issues raised
2680under this paragraph.
2681     4.  The decision shall be rendered in writing within a
2682reasonable period of time after the conclusion of the hearing.
2683     5.  The appropriate school officials shall take the
2684necessary actions to implement the decision.
2685     (d)  Right of privacy.--Every student shall have a right of
2686privacy with respect to the educational records kept on him or
2687her. Personally identifiable records or reports of a student,
2688and any personal information contained therein, are confidential
2689and exempt from the provisions of s. 119.07(1). No state or
2690local educational agency, board, public school, career technical
2691center, or public postsecondary educational institution shall
2692permit the release of such records, reports, or information
2693without the written consent of the student's parent, or of the
2694student himself or herself if he or she is qualified as provided
2695in this subsection, to any individual, agency, or organization.
2696However, personally identifiable records or reports of a student
2697may be released to the following persons or organizations
2698without the consent of the student or the student's parent:
2699     1.  Officials of schools, school systems, career technical
2700centers, or public postsecondary educational institutions in
2701which the student seeks or intends to enroll; and a copy of such
2702records or reports shall be furnished to the parent or student
2703upon request.
2704     2.  Other school officials, including teachers within the
2705educational institution or agency, who have legitimate
2706educational interests in the information contained in the
2708     3.  The United States Secretary of Education, the Director
2709of the National Institute of Education, the Assistant Secretary
2710for Education, the Comptroller General of the United States, or
2711state or local educational authorities who are authorized to
2712receive such information subject to the conditions set forth in
2713applicable federal statutes and regulations of the United States
2714Department of Education, or in applicable state statutes and
2715rules of the State Board of Education.
2716     4.  Other school officials, in connection with a student's
2717application for or receipt of financial aid.
2718     5.  Individuals or organizations conducting studies for or
2719on behalf of an institution or a board of education for the
2720purpose of developing, validating, or administering predictive
2721tests, administering student aid programs, or improving
2722instruction, if such studies are conducted in such a manner as
2723will not permit the personal identification of students and
2724their parents by persons other than representatives of such
2725organizations and if such information will be destroyed when no
2726longer needed for the purpose of conducting such studies.
2727     6.  Accrediting organizations, in order to carry out their
2728accrediting functions.
2729     7.  School readiness coalitions and the Florida Partnership
2730for School Readiness in order to carry out their assigned
2732     8.  For use as evidence in student expulsion hearings
2733conducted by a district school board pursuant to the provisions
2734of chapter 120.
2735     9.  Appropriate parties in connection with an emergency, if
2736knowledge of the information in the student's educational
2737records is necessary to protect the health or safety of the
2738student or other individuals.
2739     10.  The Auditor General and the Office of Program Policy
2740Analysis and Government Accountability in connection with their
2741official functions; however, except when the collection of
2742personally identifiable information is specifically authorized
2743by law, any data collected by the Auditor General and the Office
2744of Program Policy Analysis and Government Accountability is
2745confidential and exempt from the provisions of s. 119.07(1) and
2746shall be protected in such a way as will not permit the personal
2747identification of students and their parents by other than the
2748Auditor General, the Office of Program Policy Analysis and
2749Government Accountability, and their staff, and such personally
2750identifiable data shall be destroyed when no longer needed for
2751the Auditor General's and the Office of Program Policy Analysis
2752and Government Accountability's official use.
2753     11.a.  A court of competent jurisdiction in compliance with
2754an order of that court or the attorney of record pursuant to a
2755lawfully issued subpoena, upon the condition that the student
2756and the student's parent are notified of the order or subpoena
2757in advance of compliance therewith by the educational
2758institution or agency.
2759     b.  A person or entity pursuant to a court of competent
2760jurisdiction in compliance with an order of that court or the
2761attorney of record pursuant to a lawfully issued subpoena, upon
2762the condition that the student, or his or her parent if the
2763student is either a minor and not attending a postsecondary
2764educational institution or a dependent of such parent as defined
2765in 26 U.S.C. s. 152 (s. 152 of the Internal Revenue Code of
27661954), is notified of the order or subpoena in advance of
2767compliance therewith by the educational institution or agency.
2768     12.  Credit bureaus, in connection with an agreement for
2769financial aid that the student has executed, provided that such
2770information may be disclosed only to the extent necessary to
2771enforce the terms or conditions of the financial aid agreement.
2772Credit bureaus shall not release any information obtained
2773pursuant to this paragraph to any person.
2774     13.  Parties to an interagency agreement among the
2775Department of Juvenile Justice, school and law enforcement
2776authorities, and other signatory agencies for the purpose of
2777reducing juvenile crime and especially motor vehicle theft by
2778promoting cooperation and collaboration, and the sharing of
2779appropriate information in a joint effort to improve school
2780safety, to reduce truancy and in-school and out-of-school
2781suspensions, and to support alternatives to in-school and out-
2782of-school suspensions and expulsions that provide structured and
2783well-supervised educational programs supplemented by a
2784coordinated overlay of other appropriate services designed to
2785correct behaviors that lead to truancy, suspensions, and
2786expulsions, and that support students in successfully completing
2787their education. Information provided in furtherance of such
2788interagency agreements is intended solely for use in determining
2789the appropriate programs and services for each juvenile or the
2790juvenile's family, or for coordinating the delivery of such
2791programs and services, and as such is inadmissible in any court
2792proceedings prior to a dispositional hearing unless written
2793consent is provided by a parent or other responsible adult on
2794behalf of the juvenile.
2796This paragraph does not prohibit any educational institution
2797from publishing and releasing to the general public directory
2798information relating to a student if the institution elects to
2799do so. However, no educational institution shall release, to any
2800individual, agency, or organization that is not listed in
2801subparagraphs 1.-13., directory information relating to the
2802student body in general or a portion thereof unless it is
2803normally published for the purpose of release to the public in
2804general. Any educational institution making directory
2805information public shall give public notice of the categories of
2806information that it has designated as directory information with
2807respect to all students attending the institution and shall
2808allow a reasonable period of time after such notice has been
2809given for a parent or student to inform the institution in
2810writing that any or all of the information designated should not
2811be released.
2812     (5)  PENALTY.--In the event that any public school official
2813or employee, district school board official or employee, career
2814technical center official or employee, or public postsecondary
2815educational institution official or employee refuses to comply
2816with any of the provisions of this section, the aggrieved parent
2817or student shall have an immediate right to bring an action in
2818the circuit court to enforce the violated right by injunction.
2819Any aggrieved parent or student who brings such an action and
2820whose rights are vindicated may be awarded attorney's fees and
2821court costs.
2822     Section 80.  Subsection (1) of section 1002.38, Florida
2823Statutes, is amended to read:
2824     1002.38  Opportunity Scholarship Program.--
2825     (1)  FINDINGS AND INTENT.--The purpose of this section is
2826to provide enhanced opportunity for students in this state to
2827gain the knowledge and skills necessary for postsecondary
2828education, a career technical education, or the world of work.
2829The Legislature recognizes that the voters of the State of
2830Florida, in the November 1998 general election, amended s. 1,
2831Art. IX of the Florida Constitution so as to make education a
2832paramount duty of the state. The Legislature finds that the
2833State Constitution requires the state to provide a uniform,
2834safe, secure, efficient, and high-quality system which allows
2835the opportunity to obtain a high-quality education. The
2836Legislature further finds that a student should not be
2837compelled, against the wishes of the student's parent, to remain
2838in a school found by the state to be failing for 2 years in a 4-
2839year period. The Legislature shall make available opportunity
2840scholarships in order to give parents the opportunity for their
2841children to attend a public school that is performing
2842satisfactorily or to attend an eligible private school when the
2843parent chooses to apply the equivalent of the public education
2844funds generated by his or her child to the cost of tuition in
2845the eligible private school as provided in paragraph (6)(a).
2846Eligibility of a private school shall include the control and
2847accountability requirements that, coupled with the exercise of
2848parental choice, are reasonably necessary to secure the
2849educational public purpose, as delineated in subsection (4).
2850     Section 81.  Paragraph (a) of subsection (2) of section
28511002.42, Florida Statutes, is amended to read:
2852     1002.42  Private schools.--
2854     (a)  The Department of Education shall organize, maintain,
2855and annually update a database of educational institutions
2856within the state coming within the provisions of this section.  
2857There shall be included in the database of each institution the
2858name, address, and telephone number of the institution; the type
2859of institution; the names of administrative officers; the
2860enrollment by grade or special group (e.g., career and technical
2861education and exceptional child education); the number of
2862graduates; the number of instructional and administrative
2863personnel; the number of days the school is in session; and such
2864data as may be needed to meet the provisions of this section and
2865s. 1003.23(2).
2866     Section 82.  Subsection (4), paragraph (c) of subsection
2867(9), and subsection (15) of section 1003.01, Florida Statutes,
2868are amended to read:
2869     1003.01  Definitions.--As used in this chapter, the term:
2870     (4)  "Career and technical education" means education that
2871provides instruction for the following purposes:
2872     (a)  At the elementary, middle, and secondary school
2873levels, exploratory courses designed to give students initial
2874exposure to a broad range of occupations to assist them in
2875preparing their academic and occupational plans, and practical
2876arts courses that provide generic skills that may apply to many
2877occupations but are not designed to prepare students for entry
2878into a specific occupation. Career and technical education
2879provided before high school completion must be designed to
2880enhance both occupational and academic skills through
2881integration with academic instruction.
2882     (b)  At the secondary school level, job-preparatory
2883instruction in the competencies that prepare students for
2884effective entry into an occupation, including diversified
2885cooperative education, work experience, and job-entry programs
2886that coordinate directed study and on-the-job training.
2887     (c)  At the postsecondary education level, courses of study
2888that provide competencies needed for entry into specific
2889occupations or for advancement within an occupation.
2890     (9)  "Dropout" means a student who meets any one or more of
2891the following criteria:
2892     (c)  The student has withdrawn from school, but has not
2893transferred to another public or private school or enrolled in
2894any career and technical, adult, home education, or alternative
2895educational program;
2897The State Board of Education may adopt rules to implement the
2898provisions of this subsection.
2899     (15)  "Extracurricular courses" means all courses that are
2900not defined as "core-curricula courses," which may include, but
2901are not limited to, physical education, fine arts, performing
2902fine arts, vocational education, and career and technical
2903education. The term is limited in meaning and used for the sole
2904purpose of designating classes that are not subject to the
2905maximum class size requirements established in s. 1, Art. IX of
2906the State Constitution.
2907     Section 83.  Section 1003.02, Florida Statutes, is amended
2908to read:
2909     1003.02  District school board operation and control of
2910public K-12 education within the school district.--As provided
2911in part II of chapter 1001, district school boards are
2912constitutionally and statutorily charged with the operation and
2913control of public K-12 education within their school district.
2914The district school boards must establish, organize, and operate
2915their public K-12 schools and educational programs, employees,
2916and facilities. Their responsibilities include staff
2917development, public K-12 school student education including
2918education for exceptional students and students in juvenile
2919justice programs, special programs, adult education programs,
2920and career and technical education programs. Additionally,
2921district school boards must:
2922     (1)  Provide for the proper accounting for all students of
2923school age, for the attendance and control of students at
2924school, and for proper attention to health, safety, and other
2925matters relating to the welfare of students in the following
2927     (a)  Admission, classification, promotion, and graduation
2928of students.--Adopt rules for admitting, classifying, promoting,
2929and graduating students to or from the various schools of the
2931     (b)  Enforcement of attendance laws.--Provide for the
2932enforcement of all laws and rules relating to the attendance of
2933students at school.
2934     (c)  Control of students.--
2935     1.  Adopt rules for the control, attendance, discipline,
2936in-school suspension, suspension, and expulsion of students and
2937decide all cases recommended for expulsion.
2938     2.  Maintain a code of student conduct as provided in
2939chapter 1006.
2940     (d)  Courses of study and instructional materials.--
2941     1.  Provide adequate instructional materials for all
2942students as follows and in accordance with the requirements of
2943chapter 1006, in the core courses of mathematics, language arts,
2944social studies, science, reading, and literature, except for
2945instruction for which the school advisory council approves the
2946use of a program that does not include a textbook as a major
2947tool of instruction.
2948     2.  Adopt courses of study for use in the schools of the
2950     3.  Provide for proper requisitioning, distribution,
2951accounting, storage, care, and use of all instructional
2952materials as may be needed, and ensure that instructional
2953materials used in the district are consistent with the district
2954goals and objectives and the curriculum frameworks approved by
2955the State Board of Education, as well as with the state and
2956school district performance standards required by law and state
2957board rule.
2958     (e)  Transportation.--Make provision for the transportation
2959of students to the public schools or school activities they are
2960required or expected to attend, efficiently and economically, in
2961accordance with the requirements of chapter 1006.
2962     (f)  Facilities and school plant.--
2963     1.  Approve and adopt a districtwide school facilities
2964program, in accordance with the requirements of chapter 1013.
2965     2.  Approve plans for locating, planning, constructing,
2966sanitating, insuring, maintaining, protecting, and condemning
2967school property as prescribed in chapter 1013.
2968     3.  Approve and adopt a districtwide school building
2970     4.  Select and purchase school sites, playgrounds, and
2971recreational areas located at centers at which schools are to be
2972constructed, of adequate size to meet the needs of projected
2973students to be accommodated.
2974     5.  Approve the proposed purchase of any site, playground,
2975or recreational area for which school district funds are to be
2977     6.  Expand existing sites.
2978     7.  Rent buildings when necessary.
2979     8.  Enter into leases or lease-purchase arrangements, in
2980accordance with the requirements and conditions provided in s.
2982     9.  Provide for the proper supervision of construction.
2983     10.  Make or contract for additions, alterations, and
2984repairs on buildings and other school properties.
2985     11.  Ensure that all plans and specifications for buildings
2986provide adequately for the safety and well-being of students, as
2987well as for economy of construction.
2988     12.  Provide adequately for the proper maintenance and
2989upkeep of school plants.
2990     13.  Carry insurance on every school building in all school
2991plants including contents, boilers, and machinery, except
2992buildings of three classrooms or less which are of frame
2993construction and located in a tenth class public protection zone
2994as defined by the Florida Inspection and Rating Bureau, and on
2995all school buses and other property under the control of the
2996district school board or title to which is vested in the
2997district school board, except as exceptions may be authorized
2998under rules of the State Board of Education.
2999     14.  Condemn and prohibit the use for public school
3000purposes of any building under the control of the district
3001school board.
3002     (g)  School operation.--
3003     1.  Provide for the operation of all public schools as free
3004schools for a term of at least 180 days or the equivalent on an
3005hourly basis as specified by rules of the State Board of
3006Education; determine district school funds necessary in addition
3007to state funds to operate all schools for the minimum term; and
3008arrange for the levying of district school taxes necessary to
3009provide the amount needed from district sources.
3010     2.  Prepare, adopt, and timely submit to the Department of
3011Education, as required by law and by rules of the State Board of
3012Education, the annual school budget, so as to promote the
3013improvement of the district school system.
3014     (h)  Records and reports.--
3015     1.  Keep all necessary records and make all needed and
3016required reports, as required by law or by rules of the State
3017Board of Education.
3018     2.  At regular intervals require reports to be made by
3019principals or teachers in all public schools to the parents of
3020the students enrolled and in attendance at their schools,
3021apprising them of the academic and other progress being made by
3022the student and giving other useful information.
3023     (i)  Parental notification of acceleration mechanisms.--At
3024the beginning of each school year, notify parents of students in
3025or entering high school of the opportunity and benefits of
3026advanced placement, International Baccalaureate, Advanced
3027International Certificate of Education, dual enrollment, and
3028Florida Virtual School courses.
3029     (2)  Require that all laws, all rules of the State Board of
3030Education, and all rules of the district school board are
3031properly enforced.
3032     (3)  Maintain a system of school improvement and education
3033accountability as required by law and State Board of Education
3034rule, including but not limited to the requirements of chapter
3036     (4)  In order to reduce the anonymity of students in large
3037schools, adopt policies that encourage subdivision of the school
3038into schools-within-a-school, which shall operate within
3039existing resources. A "school-within-a-school" means an
3040operational program that uses flexible scheduling, team
3041planning, and curricular and instructional innovation to
3042organize groups of students with groups of teachers as smaller
3043units, so as to functionally operate as a smaller school.
3044Examples of this include, but are not limited to:
3045     (a)  An organizational arrangement assigning both students
3046and teachers to smaller units in which the students take some or
3047all of their coursework with their fellow grouped students and
3048from the teachers assigned to the smaller unit. A unit may be
3049grouped together for 1 year or on a vertical, multiyear basis.
3050     (b)  An organizational arrangement similar to that
3051described in paragraph(a) with additional variations in
3052instruction and curriculum.  The smaller unit usually seeks to
3053maintain a program different from that of the larger school, or
3054of other smaller units. It may be vertically organized, but is
3055dependent upon the school principal for its existence, budget,
3056and staff.
3057     (c)  A separate and autonomous smaller unit formally
3058authorized by the district school board or district school
3059superintendent. The smaller unit plans and runs its own program,
3060has its own staff and students, and receives its own separate
3061budget. The smaller unit must negotiate the use of common space
3062with the larger school and defer to the building principal on
3063matters of safety and building operation.
3064     Section 84.  Paragraph (h) of subsection (1) of section
30651003.43, Florida Statutes, is amended to read:
3066     1003.43  General requirements for high school graduation.--
3067     (1)  Graduation requires successful completion of either a
3068minimum of 24 academic credits in grades 9 through 12 or an
3069International Baccalaureate curriculum. The 24 credits shall be
3070distributed as follows:
3071     (h)1.  One credit in practical arts career and technical
3072education or exploratory career and technical education. Any
3073career and technical education course as defined in s. 1003.01
3074may be taken to satisfy the high school graduation requirement
3075for one credit in practical arts or exploratory career and
3076technical education provided in this subparagraph;
3077     2.  One credit in performing fine arts to be selected from
3078music, dance, drama, painting, or sculpture. A course in any art
3079form, in addition to painting or sculpture, that requires manual
3080dexterity, or a course in speech and debate, may be taken to
3081satisfy the high school graduation requirement for one credit in
3082performing arts pursuant to this subparagraph; or
3083     3.  One-half credit each in practical arts career and
3084technical education or exploratory career and technical
3085education and performing fine arts, as defined in this
3088Such credit for practical arts career and technical education or
3089exploratory career and technical education or for performing
3090fine arts shall be made available in the 9th grade, and students
3091shall be scheduled into a 9th grade course as a priority.
3093District school boards may award a maximum of one-half credit in
3094social studies and one-half elective credit for student
3095completion of nonpaid voluntary community or school service
3096work. Students choosing this option must complete a minimum of
309775 hours of service in order to earn the one-half credit in
3098either category of instruction. Credit may not be earned for
3099service provided as a result of court action. District school
3100boards that approve the award of credit for student volunteer
3101service shall develop guidelines regarding the award of the
3102credit, and school principals are responsible for approving
3103specific volunteer activities. A course designated in the Course
3104Code Directory as grade 9 through grade 12 that is taken below
3105the 9th grade may be used to satisfy high school graduation
3106requirements or Florida Academic Scholars award requirements as
3107specified in a district school board's student progression plan.
3108A student shall be granted credit toward meeting the
3109requirements of this subsection for equivalent courses, as
3110identified pursuant to s. 1007.271(6), taken through dual
3112     Section 85.  Subsection (3) of section 1003.47, Florida
3113Statutes, is amended to read:
3114     1003.47  Biological experiments on living subjects.--
3115     (3)  If any instructional employee of a public high school
3116or career area technical center knowingly or intentionally fails
3117or refuses to comply with any of the provisions of this section,
3118the district school board may suspend, dismiss, return to annual
3119contract, or otherwise discipline such employee as provided in
3120s. 1012.22(1)(f) in accordance with procedures established in
3121chapter 1012. If any instructional employee of any private
3122school knowingly or intentionally fails or refuses to comply
3123with the provisions of this section, the governing authority of
3124the private school may suspend, dismiss, or otherwise discipline
3125such employee in accordance with its standard personnel
3127     Section 86.  Paragraphs (e) and (f) of subsection (2) of
3128section 1003.51, Florida Statutes, are amended to read:
3129     1003.51  Other public educational services.--
3130     (2)  The State Board of Education shall adopt and maintain
3131an administrative rule articulating expectations for effective
3132education programs for youth in Department of Juvenile Justice
3133programs, including, but not limited to, education programs in
3134juvenile justice commitment and detention facilities. The rule
3135shall articulate policies and standards for education programs
3136for youth in Department of Juvenile Justice programs and shall
3137include the following:
3138     (e)  Assessment procedures, which:
3139     1.  Include appropriate academic and career and technical
3140assessments administered at program entry and exit that are
3141selected by the Department of Education in partnership with
3142representatives from the Department of Juvenile Justice,
3143district school boards, and providers.
3144     2.  Require district school boards to be responsible for
3145ensuring the completion of the assessment process.
3146     3.  Require assessments for students in detention who will
3147move on to commitment facilities, to be designed to create the
3148foundation for developing the student's education program in the
3149assigned commitment facility.
3150     4.  Require assessments of students sent directly to
3151commitment facilities to be completed within the first week of
3152the student's commitment.
3154The results of these assessments, together with a portfolio
3155depicting the student's academic and career and technical
3156accomplishments, shall be included in the discharge package
3157assembled for each youth.
3158     (f)  Recommended instructional programs, including, but not
3159limited to, career and technical training and job preparation.
3160     Section 87.  Paragraph (c) of subsection (1) and
3161subsections (3), (5), and (23) of section 1003.52, Florida
3162Statutes, are amended to read:
3163     1003.52  Educational services in Department of Juvenile
3164Justice programs.--
3165     (1)  The Legislature finds that education is the single
3166most important factor in the rehabilitation of adjudicated
3167delinquent youth in the custody of the Department of Juvenile
3168Justice in detention or commitment facilities. It is the goal of
3169the Legislature that youth in the juvenile justice system
3170continue to be allowed the opportunity to obtain a high quality
3171education. The Department of Education shall serve as the lead
3172agency for juvenile justice education programs, curriculum,
3173support services, and resources. To this end, the Department of
3174Education and the Department of Juvenile Justice shall each
3175designate a Coordinator for Juvenile Justice Education Programs
3176to serve as the point of contact for resolving issues not
3177addressed by district school boards and to provide each
3178department's participation in the following activities:
3179     (c)  Developing academic and career and technical protocols
3180that provide guidance to district school boards and providers in
3181all aspects of education programming, including records transfer
3182and transition.
3184Annually, a cooperative agreement and plan for juvenile justice
3185education service enhancement shall be developed between the
3186Department of Juvenile Justice and the Department of Education
3187and submitted to the Secretary of Juvenile Justice and the
3188Commissioner of Education by June 30.
3189     (3)  The district school board of the county in which the
3190residential or nonresidential care facility or juvenile
3191assessment facility is located shall provide appropriate
3192educational assessments and an appropriate program of
3193instruction and special education services. The district school
3194board shall make provisions for each student to participate in
3195basic, career and technical education, and exceptional student
3196programs as appropriate. Students served in Department of
3197Juvenile Justice programs shall have access to the appropriate
3198courses and instruction to prepare them for the GED test.
3199Students participating in GED preparation programs shall be
3200funded at the basic program cost factor for Department of
3201Juvenile Justice programs in the Florida Education Finance
3202Program. Each program shall be conducted according to applicable
3203law providing for the operation of public schools and rules of
3204the State Board of Education.
3205     (5)  The educational program shall consist of appropriate
3206basic academic, career and technical, or exceptional curricula
3207and related services which support the treatment goals and
3208reentry and which may lead to completion of the requirements for
3209receipt of a high school diploma or its equivalent. If the
3210duration of a program is less than 40 days, the educational
3211component may be limited to tutorial activities and career and
3212technical employability skills.
3213     (23)  The Department of Juvenile Justice and the Department
3214of Education shall, in consultation with the statewide Workforce
3215Development Youth Council, district school boards, providers,
3216and others, jointly develop a multiagency plan for career and
3217technical education which describes the curriculum, goals, and
3218outcome measures for career and technical education programming
3219in juvenile commitment facilities, pursuant to s. 985.3155.
3220     Section 88.  Subsections (21), (23), (25), and (26) of
3221section 1004.02, Florida Statutes, are amended to read:
3222     1004.02  Definitions.--As used in this chapter:
3223     (21)  "Career Technical certificate program" means a course
3224of study that leads to at least one occupational completion
3225point. The program may also confer credit that may articulate
3226with a diploma or career technical degree education program, if
3227authorized by rules of the State Board of Education. Any credit
3228instruction designed to articulate to a degree program is
3229subject to guidelines and standards adopted by the Department of
3230Education pursuant to chapter 1007. The term is interchangeable
3231with the term "certificate career and technical education
3233     (23)  "Career and technical education planning region"
3234means the geographic area in which career and technical or adult
3235education is provided. Each career and technical region is
3236contiguous with one of the 28 community college service areas.
3237     (25)  "Career and technical program" means a group of
3238identified competencies leading to occupations identified by a
3239Classification of Instructional Programs number.
3240     (26)  "Workforce development education" means adult general
3241education or career and technical education and may consist of a
3242continuing workforce education course or a program of study
3243leading to an occupational completion point, a career technical
3244certificate, an applied technology diploma, or a career
3245technical degree.
3246     Section 89.  Paragraph (f) of subsection (5) of section
32471004.04, Florida Statutes, is amended to read:
3248     1004.04  Public accountability and state approval for
3249teacher preparation programs.--
3250     (5)  CONTINUED PROGRAM APPROVAL.--Notwithstanding
3251subsection (4), failure by a public or nonpublic teacher
3252preparation program to meet the criteria for continued program
3253approval shall result in loss of program approval. The
3254Department of Education, in collaboration with the departments
3255and colleges of education, shall develop procedures for
3256continued program approval that document the continuous
3257improvement of program processes and graduates' performance.
3258     (f)1.  Each Florida public and private institution that
3259offers a state-approved teacher preparation program must
3260annually report information regarding these programs to the
3261state and the general public. This information shall be reported
3262in a uniform and comprehensible manner that is consistent with
3263definitions and methods approved by the Commissioner of the
3264National Center for Educational Statistics and that is approved
3265by the State Board of Education. This information must include,
3266at a minimum:
3267     a.  The percent of graduates obtaining full-time teaching
3268employment within the first year of graduation.
3269     b.  The average length of stay of graduates in their full-
3270time teaching positions.
3271     c.  Satisfaction ratings required in paragraph (e).
3272     2.  Each public and private institution offering training
3273for school readiness related professions, including training in
3274the fields of child care and early childhood education, whether
3275offering career technical credit, associate in applied science
3276degree programs, associate in science degree programs, or
3277associate in arts degree programs, shall annually report
3278information regarding these programs to the state and the
3279general public in a uniform and comprehensible manner that
3280conforms with definitions and methods approved by the State
3281Board of Education. This information must include, at a minimum:
3282     a.  Average length of stay of graduates in their positions.
3283     b.  Satisfaction ratings of graduates' employers.
3285This information shall be reported through publications,
3286including college and university catalogs and promotional
3287materials sent to potential applicants, secondary school
3288guidance counselors, and prospective employers of the
3289institution's program graduates.
3290     Section 90.  Section 1004.07, Florida Statutes, is amended
3291to read:
3292     1004.07  Student withdrawal from courses due to military
3293service; effect.--Each district school board, community college
3294district board of trustees, and university board of trustees
3295shall establish, by rule and pursuant to guidelines of the State
3296Board of Education, policies regarding currently enrolled
3297students who are called to, or enlist in, active military
3298service. Such policies shall provide that any student enrolled
3299in a postsecondary course or courses at a career an area
3300technical center, a public community college, a public college,
3301or a state university shall not incur academic or financial
3302penalties by virtue of performing military service on behalf of
3303our country. Such student shall be permitted the option of
3304either completing the course or courses at a later date without
3305penalty or withdrawing from the course or courses with a full
3306refund of fees paid. If the student chooses to withdraw, the
3307student's record shall reflect that the withdrawal is due to
3308active military service.
3309     Section 91.  Paragraphs (b), (c), (d), and (g) of
3310subsection (4) of section 1004.54, Florida Statutes, are amended
3311to read:
3312     1004.54  Learning Development and Evaluation Center.--
3313     (4)  An outreach component shall be established which shall
3315     (b)  Working with community colleges, career technical
3316centers, and community agencies to identify students who may
3317benefit from the program.
3318     (c)  Providing secondary schools, community colleges,
3319career technical centers, and community agencies with a
3320description of methods used by the program for identification of
3321students who have learning disabilities.
3322     (d)  Providing secondary schools, community colleges,
3323career technical centers, and community agencies with a
3324description of program services and the support services
3326     (g)  Designing, developing, and implementing, in
3327cooperation with Florida Agricultural and Mechanical University,
3328public school districts, community colleges, and career
3329technical centers within the Department of Education, model
3330programs for the learning disabled student.
3331     Section 92.  Subsection (6) and paragraph (a) of subsection
3332(8) of section 1004.65, Florida Statutes, are amended to read:
3333     1004.65  Community colleges; definition, mission, and
3335     (6)  The primary mission and responsibility of community
3336colleges is responding to community needs for postsecondary
3337academic education and career technical degree education. This
3338mission and responsibility includes being responsible for:
3339     (a)  Providing lower level undergraduate instruction and
3340awarding associate degrees.
3341     (b)  Preparing students directly for careers vocations
3342requiring less than baccalaureate degrees. This may include
3343preparing for job entry, supplementing of skills and knowledge,
3344and responding to needs in new areas of technology. Career and
3345technical education in the community college shall consist of
3346career technical certificates, credit courses leading to
3347associate in science degrees and associate in applied science
3348degrees, and other programs in fields requiring substantial
3349academic work, background, or qualifications. A community
3350college may offer career and technical education programs in
3351fields having lesser academic or technical requirements.
3352     (c)  Providing student development services, including
3353assessment, student tracking, support for disabled students,
3354advisement, counseling, financial aid, career development, and
3355remedial and tutorial services, to ensure student success.
3356     (d)  Promoting economic development for the state within
3357each community college district through the provision of special
3358programs, including, but not limited to, the:
3359     1.  Enterprise Florida-related programs.
3360     2.  Technology transfer centers.
3361     3.  Economic development centers.
3362     4.  Workforce literacy programs.
3363     (e)  Providing dual enrollment instruction.
3364     (8)  Funding for community colleges shall reflect their
3365mission as follows:
3366     (a)  Postsecondary academic and career and technical
3367education programs and adult general education programs shall
3368have first priority in community college funding.
3369     Section 93.  Paragraph (b) of subsection (3) and paragraph
3370(a) of subsection (8) of section 1004.73, Florida Statutes, are
3371amended to read:
3372     1004.73  St. Petersburg College.--
3373     (3)  STUDENTS; FEES.--
3374     (b)  The Board of Trustees of St. Petersburg College shall
3375establish the level of tuition and other authorized student fees
3376consistent with law and proviso in the General Appropriations
3378     1.  For each credit hour of enrollment in a certificate
3379level course or lower-division level college credit course,
3380tuition and fees must be within the range authorized in law and
3381rule for a community college student at that level.
3382     2.  For each credit hour of enrollment in an upper-division
3383level course, matriculation and tuition fees must be in an
3384amount established by the Board of Trustees of St. Petersburg
3385College. However, fees for upper-division students must reflect
3386the fact that the college does not incur the costs of major
3387research programs. Therefore, the board of trustees shall
3388establish fees for upper-division students within a range that
3389is lower than the fees established for students at a state
3390university but higher than the fees for community college
3392     3.  Other mandatory fees and local fees must be at the same
3393level for all lower-division students. For upper-division
3394students, other mandatory fees and local fees must be at a level
3395less than fees established for University of South Florida
3396students, regardless of program enrollment or level. However,
3397students in workforce development education courses maintain the
3398authorized fee exemptions described in s. 1009.25 and may be
3399exempt from local fees imposed by the board of trustees, at the
3400board's discretion.
3401     (8)  STATE FUNDING.--
3402     (a)  The Legislature intends to fund St. Petersburg College
3403as a community college for its workforce development education
3404programs and for its lower-division level college credit courses
3405and programs.
3406     Section 94.  Subsections (1) and (2) of section 1004.91,
3407Florida Statutes, are amended to read:
3408     1004.91  Career-preparatory Vocational-preparatory
3410     (1)  The State Board of Education shall adopt, by rule,
3411standards of basic skill mastery for certificate career
3412technical education programs. Each school district and community
3413college that conducts programs that confer career technical
3414credit shall provide career-preparatory vocational-preparatory
3415instruction through which students receive the basic skills
3416instruction required pursuant to this section.
3417     (2)  Students who enroll in a program offered for career
3418technical credit of 450 hours or more shall complete an entry-
3419level examination within the first 6 weeks of admission into the
3420program. The State Board of Education shall designate
3421examinations that are currently in existence, the results of
3422which are comparable across institutions, to assess student
3423mastery of basic skills. Any student found to lack the required
3424level of basic skills for such program shall be referred to
3425career-preparatory vocational-preparatory instruction or adult
3426basic education for a structured program of basic skills
3427instruction. Such instruction may include English for speakers
3428of other languages. A student may not receive a career technical
3429certificate of completion without first demonstrating the basic
3430skills required in the state curriculum frameworks for the
3432     Section 95.  Section 1004.92, Florida Statutes, is amended
3433to read:
3434     1004.92  Purpose and responsibilities for career and
3435technical education.--
3436     (1)  The purpose of career and technical education is to
3437enable students who complete career and technical programs to
3438attain and sustain employment and realize economic self-
3439sufficiency. The purpose of this section is to identify issues
3440related to career and technical education for which school
3441boards and community college boards of trustees are accountable.  
3442It is the intent of the Legislature that the standards
3443articulated in subsection (2) be considered in the development
3444of accountability standards for public schools pursuant to ss.
34451000.03, 1001.42(16), and 1008.345 and for community colleges
3446pursuant to s. 1008.45.
3447     (2)(a)  School board, superintendent, and career technical
3448center, and community college board of trustees and president,
3449accountability for career and technical education programs
3450includes, but is not limited to:
3451     1.  Student demonstration of the academic skills necessary
3452to enter an occupation.
3453     2.  Student preparation to enter an occupation in an entry-
3454level position or continue postsecondary study.
3455     3.  Career and technical program articulation with other
3456corresponding postsecondary programs and job training
3458     4.  Employer satisfaction with the performance of students
3459who complete career and technical education or reach
3460occupational completion points.
3461     5.  Student completion, placement, and retention rates
3462pursuant to s. 1008.43.
3463     (b)  Department of Education accountability for career and
3464technical education includes, but is not limited to:
3465     1.  The provision of timely, accurate technical assistance
3466to school districts and community colleges.
3467     2.  The provision of timely, accurate information to the
3468State Board of Education, the Legislature, and the public.
3469     3.  The development of policies, rules, and procedures that
3470facilitate institutional attainment of the accountability
3471standards and coordinate the efforts of all divisions within the
3473     4.  The development of program standards and industry-
3474driven benchmarks for career and technical, adult, and community
3475education programs, which must be updated every 3 years. The
3476standards must include career technical, academic, and workplace
3477skills; viability of distance learning for instruction; and
3478work/learn cycles that are responsive to business and industry.
3479     5.  Overseeing school district and community college
3480compliance with the provisions of this chapter.
3481     6.  Ensuring that the educational outcomes for the
3482technical component of career and technical programs are uniform
3483and designed to provide a graduate who is capable of entering
3484the workforce on an equally competitive basis regardless of the
3485institution of choice.
3486     (3)  Each career technical center operated by a district
3487school board shall establish a center advisory council pursuant
3488to s. 1001.452. The center advisory council shall assist in the
3489preparation and evaluation of center improvement plans required
3490pursuant to s. 1001.42(16) and may provide assistance, upon the
3491request of the center director, in the preparation of the
3492center's annual budget and plan as required by s. 1008.385(1).
3493     Section 96.  Paragraph (b) of subsection (1), paragraph (d)
3494of subsection (2), and paragraph (c) of subsection (4) of
3495section 1004.93, Florida Statutes, are amended to read:
3496     1004.93  Adult general education.--
3497     (1)
3498     (b)  It is further intended that educational opportunities
3499be available for adults who have earned a diploma or high school
3500equivalency diploma but who lack the basic skills necessary to
3501function effectively in everyday situations, to enter the job
3502market, or to enter career technical certificate instruction.
3503     (2)  The adult education program must provide academic
3504services to students in the following priority:
3505     (d)  Students who have earned high school diplomas and
3506require specific improvement in order to:
3507     1.  Obtain or maintain employment or benefit from
3508certificate career technical education programs;
3509     2.  Pursue a postsecondary degree; or
3510     3.  Develop competence in the English language to qualify
3511for employment.
3512     (4)
3513     (c)  The State Board of Education shall define, by rule,
3514the levels and courses of instruction to be funded through the
3515college-preparatory program. The state board shall coordinate
3516the establishment of costs for college-preparatory courses, the
3517establishment of statewide standards that define required levels
3518of competence, acceptable rates of student progress, and the
3519maximum amount of time to be allowed for completion of college-
3520preparatory instruction. College-preparatory instruction is part
3521of an associate in arts degree program and may not be funded as
3522an adult career and technical education program.
3523     Section 97.  Subsection (2) of section 1004.98, Florida
3524Statutes, is amended to read:
3525     1004.98  Workforce literacy programs.--
3526     (2)  Each community college and school district may conduct
3527courses and programs through which adults gain the communication
3528and computation skills necessary to complete a career and
3529technical program, to gain or maintain entry-level employment,
3530or to upgrade employment. Courses may not be conducted until the
3531community college or school district identifies current and
3532prospective employees who do not possess the skills necessary to
3533enter career and technical programs or to obtain or maintain
3535     Section 98.  Subsection (8) of section 1005.02, Florida
3536Statutes, is amended to read:
3537     1005.02  Definitions.--As used in this chapter, the term:
3538     (8)  "Diploma" means a credential that is not a degree but
3539is any of the following: a certificate, transcript, report,
3540document, or title; a designation, mark, or appellation; or a
3541series of letters, numbers, or words that generally are taken to
3542signify satisfactory completion of the requirements of an
3543educational, technical, or career program of study or training
3544or course of study.
3545     Section 99.  Subsection (2) of section 1005.06, Florida
3546Statutes, is amended to read:
3547     1005.06  Institutions not under the jurisdiction or purview
3548of the commission.--
3549     (2)  The Department of Education may contract with the
3550Commission on Independent Education to provide services for
3551independent postsecondary educational institutions not under the
3552jurisdiction of the commission relating to licensure of
3553postsecondary career technical certificate and diploma programs
3554that such institutions may wish to offer and preliminary review
3555of programs such institutions may wish to offer which are beyond
3556the scope of the institutions's current accreditation status.  
3557Upon completion of its review, the commission shall forward its
3558recommendation to the department for final action.  The
3559department shall assess the institution seeking such services
3560the cost to the commission of providing such services. Revenues
3561collected pursuant to this provision shall be deposited in the
3562Institutional Assessment Trust Fund.
3563     Section 100.  Paragraph (c) of subsection (2) of section
35641005.21, Florida Statutes, is amended to read:
3565     1005.21  Commission for Independent Education.--
3566     (2)  The Commission for Independent Education shall consist
3567of seven members who are residents of this state. The commission
3568shall function in matters concerning independent postsecondary
3569educational institutions in consumer protection, program
3570improvement, and licensure for institutions under its purview.
3571The Governor shall appoint the members of the commission who are
3572subject to confirmation by the Senate. The membership of the
3573commission shall consist of:
3574     (c)  One member from a public school district or community
3575college who is an administrator of career and technical
3577     Section 101.  Subsections (2) and (5) of section 1006.035,
3578Florida Statutes, are amended to read:
3579     1006.035  Dropout reentry and mentor project.--
3580     (2)  The project shall identify 15 black students in each
3581location who have dropped out of high school but were not
3582encountering academic difficulty when they left school. Students
3583chosen to participate may not have a high school diploma, be
3584enrolled in an adult general education program which includes a
3585GED program or an adult high school, or be enrolled in a career
3586center technical school. Students may be employed but must be
3587able to adjust their work schedules to accommodate classes and
3588project sessions. Priority must be given to students who have
3589dropped out of school within the last 3 years.
3590     (5)  Selected project participants shall be evaluated and
3591enrolled in a GED program, regular high school, career center
3592technical school, or alternative school. In conjunction with
3593school guidance personnel, project staff shall design a
3594supplemental program to reinforce basic skills, provide
3595additional counseling, and offer tutorial assistance. Weekly,
3596project staff shall monitor students' attendance, performance,
3597homework, and attitude toward school.
3598     Section 102.  Subsection (1) of section 1006.051, Florida
3599Statutes, is amended to read:
3600     1006.051  Sunshine Workforce Solutions Grant Program.--
3601     (1)  The Legislature recognizes the need for school
3602districts to be able to respond to critical workforce shortages
3603in nursing. The Sunshine Workforce Solutions Grant Program is
3604created to provide grants to school districts on a competitive
3605basis to fund all or some of the costs associated with
3606establishing an exploratory program in nursing at the middle
3607school level or a comprehensive career and technical education
3608program within a high school that provides a program of study in
3609nursing that will provide a seamless transition to appropriate
3610postsecondary education or employment.
3611     (a)  A comprehensive career and technical education program
3612within a high school that provides a program of study in nursing
3613must be certified or endorsed by the Florida Board of Nursing to
3614ensure that all components of the program are relevant and
3615appropriate to prepare the student for further education and
3616employment in nursing.
3617     (b)  For career and technical education programs in which
3618high school credit is articulated to a related postsecondary
3619education program, there must be an articulation agreement that
3620ensures seamless transition from one level to the next without a
3621loss of credit for the student.
3622     (c)  Participation in work-based learning experiences, as
3623defined in rule by the Department of Education, shall be
3624required in career and technical education programs at the high
3625school level.
3626     Section 103.  Paragraph (c) of subsection (3) of section
36271006.21, Florida Statutes, is amended to read:
3628     1006.21  Duties of district school superintendent and
3629district school board regarding transportation.--
3630     (3)  District school boards, after considering
3631recommendations of the district school superintendent:
3632     (c)  May provide transportation for public school migrant,
3633exceptional, nursery, and other public school students in
3634membership below kindergarten; kindergarten through grade 12
3635students in membership in a public school; and adult students in
3636membership in adult career and technical, basic, and high school
3637graduation programs in a public school when, and only when,
3638transportation is necessary to provide adequate educational
3639facilities and opportunities which otherwise would not be
3641     Section 104.  Paragraph (a) of subsection (4) of section
36421006.31, Florida Statutes, is amended to read:
3643     1006.31  Duties of each state instructional materials
3644committee.--The duties of each state instructional materials
3645committee are:
3647carefully all instructional materials submitted, to ascertain
3648which instructional materials, if any, submitted for
3649consideration best implement the selection criteria developed by
3650the commissioner and those curricular objectives included within
3651applicable performance standards provided for in s. 1001.03(1).
3652     (a)  When recommending instructional materials for use in
3653the schools, each committee shall include only instructional
3654materials that accurately portray the ethnic, socioeconomic,
3655cultural, and racial diversity of our society, including men and
3656women in professional, career and technical, and executive
3657roles, and the role and contributions of the entrepreneur and
3658labor in the total development of this state and the United
3661The findings of the committees, including the evaluation of
3662instructional materials, shall be in sessions open to the
3663public. All decisions leading to determinations of the
3664committees shall be by roll call vote, and at no time will a
3665secret ballot be permitted.
3666     Section 105.  Paragraph (a) of subsection (2) and paragraph
3667(b) of subsection (3) of section 1007.21, Florida Statutes, are
3668amended to read:
3669     1007.21  Readiness for postsecondary education and the
3671     (2)(a)  Students entering the 9th grade and their parents
3672shall be active participants in choosing an end-of-high-school
3673student destination based upon both student and parent or
3674guardian goals. Four or more destinations should be available
3675with bridges between destinations to enable students to shift
3676destinations should they choose to change goals. The
3677destinations shall accommodate the needs of students served in
3678exceptional education programs to the extent appropriate for
3679individual students. Exceptional education students may continue
3680to follow the courses outlined in the district school board
3681student progression plan. Participating students and their
3682parents shall choose among destinations, which must include:
3683     1.  Four-year college or university, community college plus
3684university, or military academy.
3685     2.  Two-year postsecondary degree.
3686     3.  Postsecondary career and technical certificate.
3687     4.  Immediate employment or entry-level military.
3688     (3)
3689     (b)  The school principal shall:
3690     1.  Designate a member of the existing instructional or
3691administrative staff to serve as a specialist to help coordinate
3692the use of student achievement strategies to help students
3693succeed in their coursework. The specialist shall also assist
3694teachers in integrating the academic and career and technical
3695curricula, utilizing technology, providing feedback regarding
3696student achievement, and implementing the Blueprint for Career
3697Preparation and Tech Prep programs.
3698     2.  Institute strategies to eliminate reading, writing, and
3699mathematics deficiencies of secondary students.
3700     Section 106.  Paragraph (c) of subsection (1) of section
37011007.23, Florida Statutes, is amended to read:
3702     1007.23  Statewide articulation agreement.--
3703     (1)  The State Board of Education shall establish in rule a
3704statewide articulation agreement that governs:
3705     (c)  Admission of applied technology diploma program
3706graduates from community colleges or career technical centers;
3707     Section 107.  Subsection (2) of section 1007.24, Florida
3708Statutes, is amended to read:
3709     1007.24  Statewide course numbering system.--
3710     (2)  The Commissioner of Education shall appoint faculty
3711committees representing faculties of participating institutions
3712to recommend a single level for each course, including
3713postsecondary career and technical education courses, included
3714in the statewide course numbering system.
3715     (a)  Any course designated as an upper-division-level
3716course must be characterized by a need for advanced academic
3717preparation and skills that a student would be unlikely to
3718achieve without significant prior coursework.
3719     (b)  A course that is offered as part of an associate in
3720science degree program and as an upper-division course for a
3721baccalaureate degree shall be designated for both the lower and
3722upper division.
3723     (c)  A course designated as lower-division may be offered
3724by any community college.
3725     Section 108.  Subsections (2) and (11) of section 1007.25,
3726Florida Statutes, are amended to read:
3727     1007.25  General education courses; common prerequisites;
3728and other degree requirements.--
3729     (2)  The department shall identify postsecondary career and
3730technical education programs offered by community colleges and
3731district school boards. The department shall also identify
3732career and technical courses designated as college credit
3733courses applicable toward a career and technical education
3734diploma or degree. Such courses must be identified within the
3735statewide course numbering system.
3736     (11)  The Commissioner of Education shall appoint faculty
3737committees representing both community college and public school
3738faculties to recommend to the commissioner for approval by the
3739State Board of Education a standard program length and
3740appropriate occupational completion points for each
3741postsecondary career and technical certificate program, diploma,
3742and degree.
3743     Section 109.  Subsection (4) of section 1007.27, Florida
3744Statutes, is amended to read:
3745     1007.27  Articulated acceleration mechanisms.--
3746     (4)  It is the intent of the Legislature to provide
3747articulated acceleration mechanisms for students who are in home
3748education programs, as defined in s. 1003.01(11), consistent
3749with the educational opportunities available to public and
3750private secondary school students. Home education students may
3751participate in dual enrollment, career and technical dual
3752enrollment, early admission, and credit by examination. Credit
3753earned by home education students through dual enrollment shall
3754apply toward the completion of a home education program that
3755meets the requirements of s. 1002.41.
3756     Section 110.  Subsections (1), (3), (4), (8), and (10) of
3757section 1007.271, Florida Statutes, are amended to read:
3758     1007.271  Dual enrollment programs.--
3759     (1)  The dual enrollment program is the enrollment of an
3760eligible secondary student or home education student in a
3761postsecondary course creditable toward a career and technical
3762certificate or an associate or baccalaureate degree.
3763     (3)  The Department of Education shall adopt guidelines
3764designed to achieve comparability across school districts of
3765both student qualifications and teacher qualifications for dual
3766enrollment courses. Student qualifications must demonstrate
3767readiness for college-level coursework if the student is to be
3768enrolled in college courses. Student qualifications must
3769demonstrate readiness for career-level career and technical-
3770level coursework if the student is to be enrolled in career and
3771technical courses. In addition to the common placement
3772examination, student qualifications for enrollment in college
3773credit dual enrollment courses must include a 3.0 unweighted
3774grade point average, and student qualifications for enrollment
3775in career and technical certificate dual enrollment courses must
3776include a 2.0 unweighted grade point average. Exceptions to the
3777required grade point averages may be granted if the educational
3778entities agree and the terms of the agreement are contained
3779within the dual enrollment interinstitutional articulation
3780agreement. Community college boards of trustees may establish
3781additional admissions criteria, which shall be included in the
3782district interinstitutional articulation agreement developed
3783according to s. 1007.235, to ensure student readiness for
3784postsecondary instruction. Additional requirements included in
3785the agreement shall not arbitrarily prohibit students who have
3786demonstrated the ability to master advanced courses from
3787participating in dual enrollment courses. District school boards
3788may not refuse to enter into an agreement with a local community
3789college if that community college has the capacity to offer dual
3790enrollment courses.
3791     (4)  Career and technical dual enrollment shall be provided
3792as a curricular option for secondary students to pursue in order
3793to earn a series of elective credits toward the high school
3794diploma. However, career and technical dual enrollment shall not
3795supplant student acquisition of the diploma. Career and
3796technical dual enrollment shall be available for secondary
3797students seeking a degree or certificate from a complete career-
3798preparatory job-preparatory program, but shall not sustain
3799student enrollment in isolated career and technical courses. It
3800is the intent of the Legislature that career and technical dual
3801enrollment reflect the interests and aptitudes of the student.
3802The provision of a comprehensive academic and career and
3803technical dual enrollment program within the career area
3804technical center or community college is supportive of
3805legislative intent; however, such provision is not mandatory.
3806     (8)  Career and technical early admission is a form of
3807career and technical dual enrollment through which eligible
3808secondary students enroll full time in a career an area
3809technical center or a community college in courses that are
3810creditable toward the high school diploma and the certificate or
3811associate degree. Participation in the career and technical
3812early admission program shall be limited to students who have
3813completed a minimum of 6 semesters of full-time secondary
3814enrollment, including studies undertaken in the ninth grade.
3815Students enrolled pursuant to this section are exempt from the
3816payment of registration, tuition, and laboratory fees.
3817     (10)(a)  The dual enrollment program for home education
3818students consists of the enrollment of an eligible home
3819education secondary student in a postsecondary course creditable
3820toward an associate degree, a career or technical certificate,
3821or a baccalaureate degree. To participate in the dual enrollment
3822program, an eligible home education secondary student must:
3823     1.  Provide proof of enrollment in a home education program
3824pursuant to s. 1002.41.
3825     2.  Be responsible for his or her own instructional
3826materials and transportation unless provided for otherwise.
3827     (b)  Each career technical center, community college, and
3828state university shall:
3829     1.  Delineate courses and programs for dually enrolled home
3830education students. Courses and programs may be added, revised,
3831or deleted at any time.
3832     2.  Identify eligibility criteria for home education
3833student participation, not to exceed those required of other
3834dually enrolled students.
3835     Section 111.  Subsection (1) of section 1008.37, Florida
3836Statutes, is amended to read:
3837     1008.37  Postsecondary feedback of information to high
3839     (1)  The State Board of Education shall adopt rules that
3840require the Commissioner of Education to report to the State
3841Board of Education, the Legislature, and the district school
3842boards on the performance of each first-time-in-postsecondary
3843education student from each public high school in this state who
3844is enrolled in a public postsecondary institution or public
3845career technical center. Such reports must be based on
3846information databases maintained by the Department of Education.
3847In addition, the public postsecondary educational institutions
3848and career technical centers shall provide district school
3849boards access to information on student performance in regular
3850and preparatory courses and shall indicate students referred for
3851remediation pursuant to s. 1004.91 or s. 1008.30.
3852     Section 112.  Paragraph (b) of subsection (1) of section
38531008.385, Florida Statutes, is amended to read:
3854     1008.385  Educational planning and information systems.--
3856     (b)  Each district school board shall maintain a continuing
3857system of planning and budgeting designed to aid in identifying
3858and meeting the educational needs of students and the public.
3859Provision shall be made for coordination between district school
3860boards and community college boards of trustees concerning the
3861planning for career and technical education and adult
3862educational programs. The major emphasis of the system shall be
3863upon locally determined goals and objectives, the state plan for
3864education, and the Sunshine State Standards developed by the
3865Department of Education and adopted by the State Board of
3866Education. The district planning and budgeting system must
3867include consideration of student achievement data obtained
3868pursuant to ss. 1008.22 and 1008.34. The system shall be
3869structured to meet the specific management needs of the district
3870and to align the budget adopted by the district school board
3871with the plan the board has also adopted. Each district school
3872board shall utilize its system of planning and budgeting to
3873emphasize a system of school-based management in which
3874individual school centers become the principal planning units
3875and to integrate planning and budgeting at the school level.
3876     Section 113.  Section 1008.405, Florida Statutes, is
3877amended to read:
3878     1008.405  Adult student information.--Each school district
3879and community college shall maintain sufficient information for
3880each student enrolled in workforce development education to
3881allow local and state administrators to locate such student upon
3882the termination of instruction and to determine the
3883appropriateness of student placement in specific instructional
3884programs. The State Board of Education shall adopt, in rule,
3885specific information that must be maintained and acceptable
3886means of maintaining that information.
3887     Section 114.  Subsections (1) and (2) of section 1008.41,
3888Florida Statutes, are amended to read:
3889     1008.41  Workforce Development education; management
3890information system.--
3891     (1)  The Commissioner of Education shall coordinate uniform
3892program structures, common definitions, and uniform management
3893information systems for workforce development education for all
3894divisions within the department. In performing these functions,
3895the commissioner shall designate deadlines after which data
3896elements may not be changed for the coming fiscal or school
3897year. School districts and community colleges shall be notified
3898of data element changes at least 90 days prior to the start of
3899the subsequent fiscal or school year. Such systems must provide
3901     (a)  Individual student reporting.
3902     (b)  Compliance with state and federal confidentiality
3903requirements, except that the department shall have access to
3904the unemployment insurance wage reports to collect and report
3905placement information about former students. Such placement
3906reports must not disclose the individual identities of former
3908     (c)  Maximum use of automated technology and records in
3909existing data bases and data systems. To the extent feasible,
3910the Florida Information Resource Network shall be employed for
3911this purpose.
3912     (d)  Annual reports of student enrollment, completion, and
3913placement by program.
3914     (2)  The State Board of Education shall identify, by rule,
3915the components to be included in the workforce development
3916education management information system. All such components
3917shall be comparable between school districts and community
3919     Section 115.  Subsection (2) of section 1008.42, Florida
3920Statutes, is amended to read:
3921     1008.42  Public information on career and technical
3922education programs.--
3923     (2)  The dissemination shall be conducted in accordance
3924with the following procedures:
3925     (a)  Annually, the Department of Education shall publish
3926the placement rates and average quarterly earnings for students
3927who complete each type of career technical certificate program
3928and career technical degree program. This information must be
3929aggregated to the state level and must be included in any
3930accountability reports. A program that was created or modified
3931so that placement rates cannot be calculated must be so
3932identified in such reports.
3933     (b)1.  Each district school board shall publish, at a
3934minimum, the most recently available placement rate for each
3935career technical certificate program conducted by that school
3936district at the secondary school level and at the career
3937technical degree level. The placement rates for the preceding 3
3938years shall be published if available, shall be included in each
3939publication that informs the public of the availability of the
3940program, and shall be made available to each school guidance
3941counselor. If a program does not have a placement rate, a
3942publication that lists or describes that program must state that
3943the rate is unavailable.
3944     2.  Each community college shall publish, at a minimum, the
3945most recent placement rate for each career technical certificate
3946program and for each career technical degree program in its
3947annual catalog. The placement rates for the preceding 3 years
3948shall be published, if available, and shall be included in any
3949publication that informs the public of the availability of the
3950program. If a program does not have a placement rate, the
3951publication that lists or describes that program must state that
3952the rate is unavailable.
3953     3.  If a school district or a community college has
3954calculated for a program a placement rate that differs from the
3955rate reported by the department, and if each record of a
3956placement was obtained through a process that was capable of
3957being audited, procedurally sound, and consistent statewide, the
3958district or the community college may use the locally calculated
3959placement rate in the report required by this section. However,
3960that rate may not be combined with the rate maintained in the
3961computer files of the Department of Education's Florida
3962Education and Training Placement Information Program.
3963     4.  An independent career and technical, trade, or business
3964school may not publish a placement rate unless the placement
3965rate was determined as provided by this section.
3966     Section 116.  Paragraphs (a) and (c) of subsection (1) and
3967subsection (2) of section 1008.43, Florida Statutes, are amended
3968to read:
3969     1008.43  Career and technical program reporting
3971     (1)(a)  The Department of Education shall develop a system
3972of performance measures in order to evaluate the career and
3973technical education programs as required in s. 1008.42. This
3974system must measure program enrollment, completion rates,
3975placement rates, and amount of earnings at the time of
3976placement. Placement and employment information, where
3977applicable, shall contain data relevant to job retention,
3978including retention rates. The State Board of Education shall
3979adopt by rule the specific measures and any definitions needed
3980to establish the system of performance measures.
3981     (c)  The State Board of Education shall adopt standards for
3982the department, district school boards, and community college
3983district boards of trustees to use in program planning, program
3984review, and program evaluation. The standards must include, at a
3985minimum, the completion rates, placement rates, and earnings
3986from employment of former students of career and technical
3987education programs.
3988     (2)  The State Board of Education shall adopt procedures
3989for reviewing the career and technical education programs
3990administered by the district school boards and the community
3991college district boards of trustees when program performance
3992falls below the standards required by this section.
3993     Section 117.  Paragraphs (d) and (f) of subsection (1) of
3994section 1008.45, Florida Statutes, are amended to read:
3995     1008.45  Community college accountability process.--
3996     (1)  It is the intent of the Legislature that a management
3997and accountability process be implemented which provides for the
3998systematic, ongoing improvement and assessment of the
3999improvement of the quality and efficiency of the Florida
4000community colleges. Accordingly, the State Board of Education
4001and the community college boards of trustees shall develop and
4002implement an accountability plan to improve and evaluate the
4003instructional and administrative efficiency and effectiveness of
4004the Florida Community College System. This plan shall be
4005designed in consultation with staff of the Governor and the
4006Legislature and must address the following issues:
4007     (d)  Job placement rates of community college career and
4008technical students.
4009     (f)  Career and technical accountability standards
4010identified in s. 1008.42.
4011     Section 118.  Subsection (14) of section 1009.23, Florida
4012Statutes, is amended to read:
4013     1009.23  Community college student fees.--
4014     (14)  Each community college board of trustees shall report
4015only those students who have actually enrolled in instruction
4016provided or supervised by instructional personnel under contract
4017with the community college in calculations of actual full-time
4018equivalent enrollments for state funding purposes.  No student
4019who has been exempted from taking a course or who has been
4020granted academic or career technical credit through means other
4021than actual coursework completed at the granting institution
4022shall be calculated for enrollment in the course from which he
4023or she has been exempted or granted credit. Community colleges
4024that report enrollments in violation of this subsection shall be
4025penalized at a rate equal to two times the value of such
4026enrollments. Such penalty shall be charged against the following
4027year's allocation from the Community College Program Fund and
4028shall revert to the General Revenue Fund.
4029     Section 119.  Subsections (1) and (2) of section 1009.25,
4030Florida Statutes, are amended to read:
4031     1009.25  Fee exemptions.--
4032     (1)  The following students are exempt from any requirement
4033for the payment of tuition and fees, including lab fees, for
4034adult basic, adult secondary, or career-preparatory vocational-
4035preparatory instruction:
4036     (a)  A student who does not have a high school diploma or
4037its equivalent.
4038     (b)  A student who has a high school diploma or its
4039equivalent and who has academic skills at or below the eighth
4040grade level pursuant to state board rule. A student is eligible
4041for this exemption from fees if the student's skills are at or
4042below the eighth grade level as measured by a test administered
4043in the English language and approved by the Department of
4044Education, even if the student has skills above that level when
4045tested in the student's native language.
4046     (2)  The following students are exempt from the payment of
4047tuition and fees, including lab fees, at a school district that
4048provides postsecondary career and technical programs, community
4049college, or state university:
4050     (a)  A student enrolled in a dual enrollment or early
4051admission program pursuant to s. 1007.27 or s. 1007.271.
4052     (b)  A student enrolled in an approved apprenticeship
4053program, as defined in s. 446.021.
4054     (c)  A student to whom the state has awarded a Road-to-
4055Independence Scholarship, or who is or was at the time he or she
4056reached 18 years of age in the custody of a relative under s.
405739.5085, or who is adopted from the Department of Children and
4058Family Services after May 5, 1997. Such exemption includes fees
4059associated with enrollment in career-preparatory vocational-
4060preparatory instruction and completion of the college-level
4061communication and computation skills testing program. Such an
4062exemption is available to any student who was in the custody of
4063a relative under s. 39.5085 at the time he or she reached 18
4064years of age or was adopted from the Department of Children and
4065Family Services after May 5, 1997; however, the exemption
4066remains valid for no more than 4 years after the date of
4067graduation from high school.
4068     (d)  A student enrolled in an employment and training
4069program under the welfare transition program. The regional
4070workforce board shall pay the state university, community
4071college, or school district for costs incurred for welfare
4072transition program participants.
4073     (e)  A student who lacks a fixed, regular, and adequate
4074nighttime residence or whose primary nighttime residence is a
4075public or private shelter designed to provide temporary
4076residence for individuals intended to be institutionalized, or a
4077public or private place not designed for, or ordinarily used as,
4078a regular sleeping accommodation for human beings.
4079     (f)  A student who is a proprietor, owner, or worker of a
4080company whose business has been at least 50 percent negatively
4081financially impacted by the buy-out of property around Lake
4082Apopka by the State of Florida. Such a student may receive a fee
4083exemption only if the student has not received compensation
4084because of the buy-out, the student is designated a Florida
4085resident for tuition purposes, pursuant to s. 1009.21, and the
4086student has applied for and been denied financial aid, pursuant
4087to s. 1009.40, which would have provided, at a minimum, payment
4088of all student fees. The student is responsible for providing
4089evidence to the postsecondary education institution verifying
4090that the conditions of this paragraph have been met, including
4091support documentation provided by the Department of Revenue. The
4092student must be currently enrolled in, or begin coursework
4093within, a program area by fall semester 2000. The exemption is
4094valid for a period of 4 years from the date that the
4095postsecondary education institution confirms that the conditions
4096of this paragraph have been met.
4097     Section 120.  Paragraph (a) of subsection (1) of section
40981009.40, Florida Statutes, is amended to read:
4099     1009.40  General requirements for student eligibility for
4100state financial aid.--
4101     (1)(a)  The general requirements for eligibility of
4102students for state financial aid awards consist of the
4104     1.  Achievement of the academic requirements of and
4105acceptance at a state university or community college; a nursing
4106diploma school approved by the Florida Board of Nursing; a
4107Florida college, university, or community college which is
4108accredited by an accrediting agency recognized by the State
4109Board of Education; any Florida institution the credits of which
4110are acceptable for transfer to state universities; any career
4111technical center; or any private career technical institution
4112accredited by an accrediting agency recognized by the State
4113Board of Education.
4114     2.  Residency in this state for no less than 1 year
4115preceding the award of aid for a program established pursuant to
4116s. 1009.50, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s.
41171009.56, s. 1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s.
41181009.68, s. 1009.72, s. 1009.73, s. 1009.76, s. 1009.77, or s.
41191009.89. Residency in this state must be for purposes other than
4120to obtain an education. Resident status for purposes of
4121receiving state financial aid awards shall be determined in the
4122same manner as resident status for tuition purposes pursuant to
4123s. 1009.21 and rules of the State Board of Education.
4124     3.  Submission of certification attesting to the accuracy,
4125completeness, and correctness of information provided to
4126demonstrate a student's eligibility to receive state financial
4127aid awards. Falsification of such information shall result in
4128the denial of any pending application and revocation of any
4129award currently held to the extent that no further payments
4130shall be made. Additionally, students who knowingly make false
4131statements in order to receive state financial aid awards shall
4132be guilty of a misdemeanor of the second degree subject to the
4133provisions of s. 837.06 and shall be required to return all
4134state financial aid awards wrongfully obtained.
4135     Section 121.  Subsection (2) of section 1009.532, Florida
4136Statutes, is amended to read:
4137     1009.532  Florida Bright Futures Scholarship Program;
4138student eligibility requirements for renewal awards.--
4139     (2)  A student who is enrolled in a program that terminates
4140in an associate degree or a baccalaureate degree may receive an
4141award for a maximum of 110 percent of the number of credit hours
4142required to complete the program. A student who is enrolled in a
4143program that terminates in a career technical certificate may
4144receive an award for a maximum of 110 percent of the credit
4145hours or clock hours required to complete the program up to 90
4146credit hours. A student who transfers from one of these program
4147levels to another becomes eligible for the higher of the two
4148credit hour limits.
4149     Section 122.  Subsection (1) of section 1009.533, Florida
4150Statutes, is amended to read:
4151     1009.533  Florida Bright Futures Scholarship Program;
4152eligible postsecondary education institutions.--A student is
4153eligible for an award or the renewal of an award from the
4154Florida Bright Futures Scholarship Program if the student meets
4155the requirements for the program as described in this act and is
4156enrolled in a postsecondary education institution that meets the
4157description in any one of the following subsections:
4158     (1)  A Florida public university, community college, or
4159career technical center.
4160     Section 123.  Section 1009.536, Florida Statutes, is
4161amended to read:
4162     1009.536  Florida Gold Seal Vocational Scholars award.--The
4163Florida Gold Seal Vocational Scholars award is created within
4164the Florida Bright Futures Scholarship Program to recognize and
4165reward academic achievement and career and technical preparation
4166by high school students who wish to continue their education.
4167     (1)  A student is eligible for a Florida Gold Seal
4168Vocational Scholars award if the student meets the general
4169eligibility requirements for the Florida Bright Futures
4170Scholarship Program and the student:
4171     (a)  Completes the secondary school portion of a sequential
4172program of studies that requires at least three secondary school
4173career and technical credits taken over at least 2 academic
4174years, and is continued in a planned, related postsecondary
4175education program. If the student's school does not offer such a
4176two-plus-two or tech-prep program, the student must complete a
4177job-preparatory career education program selected by the
4178Workforce Estimating Conference or Workforce Florida, Inc., for
4179its ability to provide high-wage employment in an occupation
4180with high potential for employment opportunities. On-the-job
4181training may not be substituted for any of the three required
4182career and technical credits.
4183     (b)  Demonstrates readiness for postsecondary education by
4184earning a passing score on the Florida College Entry Level
4185Placement Test or its equivalent as identified by the Department
4186of Education.
4187     (c)  Earns a minimum cumulative weighted grade point
4188average of 3.0, as calculated pursuant to s. 1009.531, on all
4189subjects required for a standard high school diploma, excluding
4190elective courses.
4191     (d)  Earns a minimum unweighted grade point average of 3.5
4192on a 4.0 scale for secondary career and technical courses
4193comprising the career and technical program.
4194     (2)  A Florida Gold Seal Vocational Scholar is eligible for
4195an award equal to the amount required to pay 75 percent of
4196tuition and fees, if the student is enrolled in a public
4197postsecondary education institution. A student who is enrolled
4198in a nonpublic postsecondary education institution is eligible
4199for an award equal to the amount that would be required to pay
420075 percent of the tuition and mandatory fees of a public
4201postsecondary education institution at the comparable level.
4202     (3)  To be eligible for a renewal award as a Florida Gold
4203Seal Vocational Scholar, a student must maintain the equivalent
4204of a cumulative grade point average of 2.75 on a 4.0 scale with
4205an opportunity for reinstatement one time as provided in this
4207     (4)  A student may earn a Florida Gold Seal Vocational
4208Scholarship for 110 percent of the number of credit hours
4209required to complete the program, up to 90 credit hours or the
4210equivalent. A Florida Gold Seal Scholar who has a cumulative
4211grade point average of 2.75 in all postsecondary education work
4212attempted may apply for a Florida Medallion Scholars award at
4213any renewal period. All other provisions of that program apply,
4214and the credit-hour limitation must be calculated by subtracting
4215from the student's total eligibility the number of credit hours
4216the student attempted while earning the Gold Seal Vocational
4218     Section 124.  Paragraph (d) of subsection (2) and paragraph
4219(c) of subsection (3) of section 1009.55, Florida Statutes, are
4220amended to read:
4221     1009.55  Rosewood Family Scholarship Program.--
4222     (2)  The Rosewood Family Scholarship Program shall be
4223administered by the Department of Education. The State Board of
4224Education shall adopt rules for administering this program which
4225shall at a minimum provide for the following:
4226     (d)  Payment of an award shall be transmitted in advance of
4227the registration period each semester on behalf of the student
4228to the president of the university or community college, or his
4229or her representative, or to the director of the career center
4230technical school which the recipient is attending.
4231     (3)  Beginning with the 1994-1995 academic year, the
4232department is authorized to make awards for undergraduate study
4233to students who:
4234     (c)  Enroll as certificate-seeking or degree-seeking
4235students at a state university, community college, or career
4236center technical school authorized by law.
4237     Section 125.  Paragraph (c) of subsection (1) of section
42381009.61, Florida Statutes, is amended to read:
4239     1009.61  Teacher/Quest Scholarship Program.--The
4240Teacher/Quest Scholarship Program is created for the purpose of
4241providing teachers with the opportunity to enhance their
4242knowledge of science, mathematics, and computer applications in
4243business, industry, and government. A school district or
4244developmental research school may propose that one or more
4245teachers be granted a Teacher/Quest Scholarship by submitting to
4246the Department of Education:
4247     (1)  A project proposal specifying activities a teacher
4248will carry out to improve his or her:
4249     (c)  Knowledge of career and technical requirements for
4250competency in mathematics, science, and computing; and
4251     Section 126.  Subsection (4) and paragraph (a) of
4252subsection (6) of section 1009.64, Florida Statutes, are amended
4253to read:
4254     1009.64  Certified Education Paraprofessional Welfare
4255Transition Program.--
4256     (4)  The agencies shall complete an implementation plan
4257that addresses at least the following recommended components of
4258the program:
4259     (a)  A method of selecting participants. The method must
4260not duplicate services provided by those assigned to screen
4261participants of the welfare transition program, but must assure
4262that screening personnel are trained to identify recipients of
4263public assistance whose personal aptitudes and motivation make
4264them most likely to succeed in the program and advance in a
4265career related to the school community.
4266     (b)  A budget for use of incentive funding to provide
4267motivation to participants to succeed and excel. The budget for
4268incentive funding includes:
4269     1.  Funds allocated by the Legislature directly for the
4271     2.  Funds that may be made available from the federal
4272Workforce Investment Act based on client eligibility or
4273requested waivers to make the clients eligible.
4274     3.  Funds made available by implementation strategies that
4275would make maximum use of work supplementation funds authorized
4276by federal law.
4277     4.  Funds authorized by strategies to lengthen
4278participants' eligibility for federal programs such as Medicaid,
4279subsidized child care, and transportation.
4281Incentives may include a stipend during periods of college
4282classroom training, a bonus and recognition for a high grade-
4283point average, child care and prekindergarten services for
4284children of participants, and services to increase a
4285participant's ability to advance to higher levels of employment.
4286Nonfinancial incentives should include providing a mentor or
4287tutor, and service incentives should continue and increase for
4288any participant who plans to complete the baccalaureate degree
4289and become a certified teacher. Services may be provided in
4290accordance with family choice by community colleges and school
4291district career technical centers, through family service
4292centers and full-service schools, or under contract with
4293providers through central agencies.
4294     (6)(a)  A community college or school district career
4295technical center is eligible to participate if it provides a
4296career technical certificate program in Child Development Early
4297Intervention as approved by Workforce Florida, Inc. Priority
4298programs provide an option and incentives to articulate with an
4299associate in science degree program or a baccalaureate degree
4301     Section 127.  Subsection (3) of section 1009.98, Florida
4302Statutes, is amended to read:
4303     1009.98  Florida Prepaid College Program.--
4306CENTERS.--A qualified beneficiary may apply the benefits of an
4307-A qualified beneficiary may apply the benefits of an advance
4308payment contract toward:
4309     (a)  An independent college or university that is located
4310and chartered in Florida, that is not for profit, that is
4311accredited by the Commission on Colleges of the Southern
4312Association of Colleges and Schools or the Accrediting Council
4313for Independent Colleges and Schools, and that confers degrees
4314as defined in s. 1005.02.
4315     (b)  An out-of-state college or university that is not for
4316profit and is accredited by a regional accrediting association,
4317and that confers degrees.
4318     (c)  An applied technology diploma program or career
4319technical certificate program conducted by a community college
4320listed in s. 1004.02(2) or career technical center operated by a
4321district school board.
4323The board shall transfer or cause to be transferred to the
4324institution designated by the qualified beneficiary an amount
4325not to exceed the redemption value of the advance payment
4326contract at a state postsecondary institution. If the cost of
4327registration or housing fees at such institution is less than
4328the corresponding fees at a state postsecondary institution, the
4329amount transferred may not exceed the actual cost of
4330registration and housing fees. A transfer authorized under this
4331subsection may not exceed the number of semester credit hours or
4332semesters of dormitory residence contracted on behalf of a
4333qualified beneficiary. Notwithstanding any other provision in
4334this section, an institution must be an "eligible educational
4335institution" under s. 529 of the Internal Revenue Code to be
4336eligible for the transfer of advance payment contract benefits.
4337     Section 128.  Paragraph (a) of subsection (3) of section
43381010.20, Florida Statutes, is amended to read:
4339     1010.20  Cost accounting and reporting for school
4342     (a)  Each district shall expend at least the percent of the
4343funds generated by each of the programs listed in this section
4344on the aggregate total school costs for such programs:
4345     1.  Kindergarten and grades 1, 2, and 3, 90 percent.
4346     2.  Grades 4, 5, 6, 7, and 8, 80 percent.
4347     3.  Grades 9, 10, 11, and 12, 80 percent.
4348     4.  Programs for exceptional students, on an aggregate
4349program basis, 90 percent.
4350     5.  Grades 7 through 12 career and technical education
4351programs, on an aggregate program basis, 80 percent.
4352     6.  Students-at-risk programs, on an aggregate program
4353basis, 80 percent.
4354     7.  Juvenile justice programs, on an aggregate program
4355basis, 80 percent.
4356     8.  Any new program established and funded under s.
43571011.62(1)(c), that is not included under subparagraphs 1.-6.,
4358on an aggregate basis as appropriate, 80 percent.
4359     Section 129.  Subsection (1) of section 1010.58, Florida
4360Statutes, is amended to read:
4361     1010.58  Procedure for determining number of instruction
4362units for community colleges.--The number of instruction units
4363for community colleges shall be determined from the full-time
4364equivalent students in the community college, provided that
4365full-time equivalent students may not be counted more than once
4366in determining instruction units. Instruction units for
4367community colleges shall be computed as follows:
4368     (1)  One unit for each 12 full-time equivalent students at
4369a community college for the first 420 students and one unit for
4370each 15 full-time equivalent students for all over 420 students,
4371in other than career and technical education programs as defined
4372by rules of the State Board of Education, and one unit for each
437310 full-time equivalent students in career and technical
4374education programs and compensatory education programs as
4375defined by rules of the State Board of Education. Full-time
4376equivalent students enrolled in a community college shall be
4377defined by rules of the State Board of Education.
4378     Section 130.  Paragraphs (c), (d), and (e) of subsection
4379(1) of section 1011.62, Florida Statutes, are amended to read:
4380     1011.62  Funds for operation of schools.--If the annual
4381allocation from the Florida Education Finance Program to each
4382district for operation of schools is not determined in the
4383annual appropriations act or the substantive bill implementing
4384the annual appropriations act, it shall be determined as
4387OPERATION.--The following procedure shall be followed in
4388determining the annual allocation to each district for
4390     (c)  Determination of programs.--Cost factors based on
4391desired relative cost differences between the following programs
4392shall be established in the annual General Appropriations Act.
4393The Commissioner of Education shall specify a matrix of services
4394and intensity levels to be used by districts in the
4395determination of the two weighted cost factors for exceptional
4396students with the highest levels of need. For these students,
4397the funding support level shall fund the exceptional students'
4398education program, with the exception of extended school year
4399services for students with disabilities.
4400     1.  Basic programs.--
4401     a.  Kindergarten and grades 1, 2, and 3.
4402     b.  Grades 4, 5, 6, 7, and 8.
4403     c.  Grades 9, 10, 11, and 12.
4404     2.  Programs for exceptional students.--
4405     a.  Support Level IV.
4406     b.  Support Level V.
4407     3.  Secondary career and technical education programs.--
4408     4.  English for Speakers of Other Languages.--
4409     (d)  Annual allocation calculation.--
4410     1.  The Department of Education is authorized and directed
4411to review all district programs and enrollment projections and
4412calculate a maximum total weighted full-time equivalent student
4413enrollment for each district for the K-12 FEFP.
4414     2.  Maximum enrollments calculated by the department shall
4415be derived from enrollment estimates used by the Legislature to
4416calculate the FEFP.  If two or more districts enter into an
4417agreement under the provisions of s. 1001.42(4)(d), after the
4418final enrollment estimate is agreed upon, the amount of FTE
4419specified in the agreement, not to exceed the estimate for the
4420specific program as identified in paragraph (c), may be
4421transferred from the participating districts to the district
4422providing the program.
4423     3.  As part of its calculation of each district's maximum
4424total weighted full-time equivalent student enrollment, the
4425department shall establish separate enrollment ceilings for each
4426of two program groups. Group 1 shall be composed of basic
4427programs for grades K-3, grades 4-8, and grades 9-12. Group 2
4428shall be composed of students in exceptional student education
4429programs, English for Speakers of Other Languages programs, and
4430all career and technical programs in grades 7-12.
4431     a.  The weighted enrollment ceiling for group 2 programs
4432shall be calculated by multiplying the final enrollment
4433conference estimate for each program by the appropriate program
4434weight.  The weighted enrollment ceiling for program group 2
4435shall be the sum of the weighted enrollment ceilings for each
4436program in the program group, plus the increase in weighted
4437full-time equivalent student membership from the prior year for
4438clients of the Department of Children and Family Services and
4439the Department of Juvenile Justice.
4440     b.  If, for any calculation of the FEFP, the weighted
4441enrollment for program group 2, derived by multiplying actual
4442enrollments by appropriate program weights, exceeds the
4443enrollment ceiling for that group, the following procedure shall
4444be followed to reduce the weighted enrollment for that group to
4445equal the enrollment ceiling:
4446     (I)  The weighted enrollment ceiling for each program in
4447the program group shall be subtracted from the weighted
4448enrollment for that program derived from actual enrollments.
4449     (II)  If the difference calculated under sub-sub-
4450subparagraph (I) is greater than zero for any program, a
4451reduction proportion shall be computed for the program by
4452dividing the absolute value of the difference by the total
4453amount by which the weighted enrollment for the program group
4454exceeds the weighted enrollment ceiling for the program group.
4455     (III)  The reduction proportion calculated under sub-sub-
4456subparagraph (II) shall be multiplied by the total amount of the
4457program group's enrollment over the ceiling as calculated under
4458sub-sub-subparagraph (I).
4459     (IV)  The prorated reduction amount calculated under sub-
4460sub-subparagraph(III) shall be subtracted from the program's
4461weighted enrollment.  For any calculation of the FEFP, the
4462enrollment ceiling for group 1 shall be calculated by
4463multiplying the actual enrollment for each program in the
4464program group by its appropriate program weight.
4465     c.  For program group 2, the weighted enrollment ceiling
4466shall be a number not less than the sum obtained by:
4467     (I)  Multiplying the sum of reported FTE for all programs
4468in the program group that have a cost factor of 1.0 or more by
44691.0, and
4470     (II)  By adding this number to the sum obtained by
4471multiplying the projected FTE for all programs with a cost
4472factor less than 1.0 by the actual cost factor.
4473     4.  Following completion of the weighted enrollment ceiling
4474calculation as provided in subparagraph 3., a supplemental
4475capping calculation shall be employed for those districts that
4476are over their weighted enrollment ceiling. For each such
4477district, the total reported unweighted FTE enrollment for group
44782 programs shall be compared with the total appropriated
4479unweighted FTE enrollment for group 2 programs. If the total
4480reported unweighted FTE for group 2 is greater than the
4481appropriated unweighted FTE, then the excess unweighted FTE up
4482to the unweighted FTE transferred from group 2 to group 1 for
4483each district by the Public School FTE Estimating Conference
4484shall be funded at a weight of 1.0 and added to the funded
4485weighted FTE computed in subparagraph 3.
4486     (e)  Funding model for exceptional student education
4488     1.a.  The funding model uses basic, at-risk, support levels
4489IV and V for exceptional students and career and technical
4490Florida Education Finance Program cost factors, and a guaranteed
4491allocation for exceptional student education programs.
4492Exceptional education cost factors are determined by using a
4493matrix of services to document the services that each
4494exceptional student will receive. The nature and intensity of
4495the services indicated on the matrix shall be consistent with
4496the services described in each exceptional student's individual
4497educational plan.
4498     b.  In order to generate funds using one of the two
4499weighted cost factors, a matrix of services must be completed at
4500the time of the student's initial placement into an exceptional
4501student education program and at least once every 3 years by
4502personnel who have received approved training. Nothing listed in
4503the matrix shall be construed as limiting the services a school
4504district must provide in order to ensure that exceptional
4505students are provided a free, appropriate public education.
4506     c.  Students identified as exceptional, in accordance with
4507chapter 6A-6, Florida Administrative Code, who do not have a
4508matrix of services as specified in sub-subparagraph b. shall
4509generate funds on the basis of full-time-equivalent student
4510membership in the Florida Education Finance Program at the same
4511funding level per student as provided for basic students.
4512Additional funds for these exceptional students will be provided
4513through the guaranteed allocation designated in subparagraph 2.
4514     2.  For students identified as exceptional who do not have
4515a matrix of services, there is created a guaranteed allocation
4516to provide these students with a free appropriate public
4517education, in accordance with s. 1001.42(4)(m) and rules of the
4518State Board of Education, which shall be allocated annually to
4519each school district in the amount provided in the General
4520Appropriations Act. These funds shall be in addition to the
4521funds appropriated on the basis of FTE student membership in the
4522Florida Education Finance Program, and the amount allocated for
4523each school district shall not be recalculated during the year.
4524These funds shall be used to provide special education and
4525related services for exceptional students.
4526     Section 131.  Paragraph (d) of subsection (1) of section
45271011.68, Florida Statutes, is amended to read:
4528     1011.68  Funds for student transportation.--The annual
4529allocation to each district for transportation to public school
4530programs, including charter schools as provided in s.
45311002.33(17)(b), of students in membership in kindergarten
4532through grade 12 and in migrant and exceptional student programs
4533below kindergarten shall be determined as follows:
4534     (1)  Subject to the rules of the State Board of Education,
4535each district shall determine the membership of students who are
4537     (d)  By reason of being career and technical, dual
4538enrollment, or students with disabilities transported from one
4539school center to another to participate in an instructional
4540program or service; or students with disabilities, transported
4541from one designation to another in the state, provided one
4542designation is a school center and provided the student's
4543individual educational plan (IEP) identifies the need for the
4544instructional program or service and transportation to be
4545provided by the school district. A "school center" is defined as
4546a public school center, community college, state university, or
4547other facility rented, leased, or owned and operated by the
4548school district or another public agency. A "dual enrollment
4549student" is defined as a public school student in membership in
4550both a public secondary school program and a community college
4551or a state university program under a written agreement to
4552partially fulfill ss. 1003.435 and 1007.23 and earning full-time
4553equivalent membership under s. 1011.62(1)(i).
4554     Section 132.  Paragraph (a) of subsection (2), subsection
4555(3), and paragraph (b) of subsection (6) of section 1012.01,
4556Florida Statutes, are amended to read:
4557     1012.01  Definitions.--Specific definitions shall be as
4558follows, and wherever such defined words or terms are used in
4559the Florida K-20 Education Code, they shall be used as follows:
4560     (2)  INSTRUCTIONAL PERSONNEL.--"Instructional personnel"
4561means any staff member whose function includes the provision of
4562direct instructional services to students. Instructional
4563personnel also includes personnel whose functions provide direct
4564support in the learning process of students. Included in the
4565classification of instructional personnel are:
4566     (a)  Classroom teachers.--Classroom teachers are staff
4567members assigned the professional activity of instructing
4568students in courses in classroom situations, including basic
4569instruction, exceptional student education, career and technical
4570education, and adult education, including substitute teachers.
4571     (3)  ADMINISTRATIVE PERSONNEL.--"Administrative personnel"
4572includes personnel who perform management activities such as
4573developing broad policies for the school district and executing
4574those policies through the direction of personnel at all levels
4575within the district. Administrative personnel are generally
4576high-level, responsible personnel who have been assigned the
4577responsibilities of systemwide or schoolwide functions, such as
4578district school superintendents, assistant superintendents,
4579deputy superintendents, school principals, assistant principals,
4580career technical center directors, and others who perform
4581management activities. Broad classifications of administrative
4582personnel are as follows:
4583     (a)  District-based instructional administrators.--Included
4584in this classification are persons with district-level
4585administrative or policymaking duties who have broad authority
4586for management policies and general school district operations
4587related to the instructional program. Such personnel often
4588report directly to the district school superintendent and
4589supervise other administrative employees. This classification
4590includes assistant, associate, or deputy superintendents and
4591directors of major instructional areas, such as curriculum,
4592federal programs such as Title I, specialized instructional
4593program areas such as exceptional student education, career and
4594technical education, and similar areas.
4595     (b)  District-based noninstructional
4596administrators.--Included in this classification are persons
4597Included in this classification are persons with district-level
4598administrative or policymaking duties who have broad authority
4599for management policies and general school district operations
4600related to the noninstructional program. Such personnel often
4601report directly to the district school superintendent and
4602supervise other administrative employees. This classification
4603includes assistant, associate, or deputy superintendents and
4604directors of major noninstructional areas, such as personnel,
4605construction, facilities, transportation, data processing, and
4607     (c)  School administrators.--Included in this
4608classification are:
4609     1.  School principals or school directors who are staff
4610members performing the assigned activities as the administrative
4611head of a school and to whom have been delegated responsibility
4612for the coordination and administrative direction of the
4613instructional and noninstructional activities of the school.
4614This classification also includes career technical center
4616     2.  Assistant principals who are staff members assisting
4617the administrative head of the school. This classification also
4618includes assistant principals for curriculum and administration.
4619     (6)  EDUCATIONAL SUPPORT EMPLOYEES.--"Educational support
4620employees" means employees whose job functions are neither
4621administrative nor instructional, yet whose work supports the
4622educational process.
4623     (b)  Technicians are individuals whose occupations require
4624a combination of knowledge and manual skill which can be
4625obtained through about 2 years of post-high school education,
4626such as is offered in many career centers technical institutes
4627and community colleges, or through equivalent on-the-job
4629     Section 133.  Paragraph (c) of subsection (1) of section
46301012.39, Florida Statutes, is amended to read:
4631     1012.39  Employment of substitute teachers, teachers of
4632adult education, nondegreed teachers of career education, and
4633career specialists; students performing clinical field
4635     (1)  Notwithstanding ss. 1012.32, 1012.55, 1012.56, and
46361012.57, or any other provision of law or rule to the contrary,
4637each district school board shall establish the minimal
4638qualifications for:
4639     (c)  Part-time and full-time nondegreed teachers of career
4640and technical programs. Qualifications shall be established for
4641agriculture, business, health occupations, family and consumer
4642sciences, industrial, marketing, career specialist, and public
4643service education teachers, based primarily on successful
4644occupational experience rather than academic training. The
4645qualifications for such teachers shall require:
4646     1.  The filing of a complete set of fingerprints in the
4647same manner as required by s. 1012.32. Faculty employed solely
4648to conduct postsecondary instruction may be exempted from this
4650     2.  Documentation of education and successful occupational
4651experience including documentation of:
4652     a.  A high school diploma or the equivalent.
4653     b.  Completion of 6 years of full-time successful
4654occupational experience or the equivalent of part-time
4655experience in the teaching specialization area. Alternate means
4656of determining successful occupational experience may be
4657established by the district school board.
4658     c.  Completion of career education training conducted
4659through the local school district inservice master plan.
4660     d.  For full-time teachers, completion of professional
4661education training in teaching methods, course construction,
4662lesson planning and evaluation, and teaching special needs
4663students. This training may be completed through coursework from
4664an accredited or approved institution or an approved district
4665teacher education program.
4666     e.  Demonstration of successful teaching performance.
4667     Section 134.  Section 1012.41, Florida Statutes, is amended
4668to read:
4669     1012.41  Employment of directors of career and technical
4670education.--In order to receive state funding, each district
4671school board that employs at least 15 full-time equivalent
4672career and technical teachers must employ a director of career
4673and technical education who meets the certification requirements
4674established by the State Board of Education. The directors shall
4675be directly accountable to the district school superintendent,
4676or his or her designee, for the planning and implementation of
4677career and technical programs. Two or more district school
4678boards may employ a single director.
4679     Section 135.  Section 1012.43, Florida Statutes, is amended
4680to read:
4681     1012.43  Career and technical teachers.--
4682     (1)  Career and technical teachers and other teachers who
4683qualify for certificates on the basis of nonacademic preparation
4684shall be entitled to all the contractual rights and privileges
4685now granted to other instructional personnel holding equivalent
4687     (2)  A holder of a certificate based on nonacademic
4688preparation which entitled him or her to employment to teach
4689classes in career and technical or adult education shall not be
4690assigned to teach in a regular academic field of the
4691kindergarten through grade 12 school program.
4692     Section 136.  Paragraph (a) of subsection (10) of section
46931013.03, Florida Statutes, is amended to read:
4694     1013.03  Functions of the department.--The functions of the
4695Department of Education as it pertains to educational facilities
4696shall include, but not be limited to, the following:
4697     (10)(a)  Review and validate surveys proposed or amended by
4698the boards and recommend to the Commissioner of Education, for
4699approval, surveys that meet the requirements of this chapter.
4700     1.  The term "validate" as applied to surveys by school
4701districts means to review inventory data as submitted to the
4702department by district school boards; provide for review and
4703inspection, where required, of student stations and aggregate
4704square feet of inventory changed from satisfactory to
4705unsatisfactory or changed from unsatisfactory to satisfactory;
4706compare new school inventory to allocation limits provided by
4707this chapter; review cost projections for conformity with cost
4708limits set by s. 1013.64(6); compare total capital outlay full-
4709time equivalent enrollment projections in the survey with the
4710department's projections; review facilities lists to verify that
4711student station and auxiliary facility space allocations do not
4712exceed the limits provided by this chapter and related rules;
4713review and confirm the application of uniform facility
4714utilization factors, where provided by this chapter or related
4715rules; utilize the documentation of programs offered per site,
4716as submitted by the board, to analyze facility needs; confirm
4717that need projections for career and technical and adult
4718educational programs comply with needs documented by the Office
4719of Workforce and Economic Development; and confirm the
4720assignment of full-time student stations to all space except
4721auxiliary facilities, which, for purposes of exemption from
4722student station assignment, include the following:
4723     a.  Cafeterias.
4724     b.  Multipurpose dining areas.
4725     c.  Media centers.
4726     d.  Auditoriums.
4727     e.  Administration.
4728     f.  Elementary, middle, and high school resource rooms, up
4729to the number of such rooms recommended for the applicable
4730occupant and space design capacity of the educational plant in
4731the State Requirements for Educational Facilities, beyond which
4732student stations must be assigned.
4733     g.  Elementary school skills labs, up to the number of such
4734rooms recommended for the applicable occupant and space design
4735capacity of the educational plant in the State Requirements for
4736Educational Facilities, beyond which student stations must be
4738     h.  Elementary school art and music rooms.
4739     2.  The term "validate" as applied to surveys by community
4740colleges and universities means to review and document the
4741approval of each new site and official designation, where
4742applicable; review the inventory database as submitted by each
4743board to the department, including noncareer and technical, and
4744total capital outlay full-time equivalent enrollment projections
4745per site and per college; provide for the review and inspection,
4746where required, of student stations and aggregate square feet of
4747space changed from satisfactory to unsatisfactory; utilize and
4748review the documentation of programs offered per site submitted
4749by the boards as accurate for analysis of space requirements and
4750needs; confirm that needs projected for career and technical and
4751adult educational programs comply with needs documented by the
4752Office of Workforce and Economic Development; compare new
4753facility inventory to allocations limits as provided in this
4754chapter; review cost projections for conformity with state
4755averages or limits designated by this chapter; compare student
4756enrollment projections in the survey to the department's
4757projections; review facilities lists to verify that area
4758allocations and space factors for generating space needs do not
4759exceed the limits as provided by this chapter and related rules;
4760confirm the application of facility utilization factors as
4761provided by this chapter and related rules; and review, as
4762submitted, documentation of how survey recommendations will
4763implement the detail of current campus master plans and
4764integrate with local comprehensive plans and development
4766     Section 137.  Paragraph (b) of subsection (1) of section
47671013.31, Florida Statutes, is amended to read:
4768     1013.31  Educational plant survey; localized need
4769assessment; PECO project funding.--
4770     (1)  At least every 5 years, each board shall arrange for
4771an educational plant survey, to aid in formulating plans for
4772housing the educational program and student population, faculty,
4773administrators, staff, and auxiliary and ancillary services of
4774the district or campus, including consideration of the local
4775comprehensive plan. The Office of Workforce and Economic
4776Development shall document the need for additional career and
4777adult education programs and the continuation of existing
4778programs before facility construction or renovation related to
4779career or adult education may be included in the educational
4780plant survey of a school district or community college that
4781delivers career or adult education programs. Information used by
4782the Office of Workforce and Economic Development to establish
4783facility needs must include, but need not be limited to, labor
4784market data, needs analysis, and information submitted by the
4785school district or community college.
4786     (b)  Required need assessment criteria for district,
4787community college, college and state university plant
4788surveys.--Educational plant surveys must use uniform data
4789Educational plant surveys must use uniform data sources and
4790criteria specified in this paragraph. Each revised educational
4791plant survey and each new educational plant survey supersedes
4792previous surveys.
4793     1.  The school district's survey must be submitted as a
4794part of the district educational facilities plan defined in s.
47951013.35. To ensure that the data reported to the Department of
4796Education as required by this section is correct, the department
4797shall annually conduct an onsite review of 5 percent of the
4798facilities reported for each school district completing a new
4799survey that year. If the department's review finds the data
4800reported by a district is less than 95 percent accurate, within
48011 year from the time of notification by the department the
4802district must submit revised reports correcting its data. If a
4803district fails to correct its reports, the commissioner may
4804direct that future fixed capital outlay funds be withheld until
4805such time as the district has corrected its reports so that they
4806are not less than 95 percent accurate.
4807     2.  Each survey of a special facility, joint-use facility,
4808or cooperative career and technical education facility must be
4809based on capital outlay full-time equivalent student enrollment
4810data prepared by the department for school districts, community
4811colleges, colleges, and universities. A survey of space needs of
4812a joint-use facility shall be based upon the respective space
4813needs of the school districts, community colleges, colleges, and
4814universities, as appropriate. Projections of a school district's
4815facility space needs may not exceed the norm space and occupant
4816design criteria established by the State Requirements for
4817Educational Facilities.
4818     3.  Each community college's survey must reflect the
4819capacity of existing facilities as specified in the inventory
4820maintained by the Department of Education.  Projections of
4821facility space needs must comply with standards for determining
4822space needs as specified by rule of the State Board of
4823Education. The 5-year projection of capital outlay student
4824enrollment must be consistent with the annual report of capital
4825outlay full-time student enrollment prepared by the Department
4826of Education.
4827     4.  Each college and state university's survey must reflect
4828the capacity of existing facilities as specified in the
4829inventory maintained and validated by the Division of Colleges
4830and Universities. Projections of facility space needs must be
4831consistent with standards for determining space needs approved
4832by the Division of Colleges and Universities. The projected
4833capital outlay full-time equivalent student enrollment must be
4834consistent with the 5-year planned enrollment cycle for the
4835State University System approved by the Division of Colleges and
4837     5.  The district educational facilities plan of a school
4838district and the educational plant survey of a community
4839college, or college or state university may include space needs
4840that deviate from approved standards for determining space needs
4841if the deviation is justified by the district or institution and
4842approved by the department, as necessary for the delivery of an
4843approved educational program.
4844     Section 138.  Paragraph (a) of subsection (3) of section
48451013.64, Florida Statutes, is amended to read:
4846     1013.64  Funds for comprehensive educational plant needs;
4847construction cost maximums for school district capital
4848projects.--Allocations from the Public Education Capital Outlay
4849and Debt Service Trust Fund to the various boards for capital
4850outlay projects shall be determined as follows:
4851     (3)(a)  Each district school board shall receive an amount
4852from the Public Education Capital Outlay and Debt Service Trust
4853Fund to be calculated by computing the capital outlay full-time
4854equivalent membership as determined by the department. Such
4855membership must include, but is not limited to:
4856     1.  K-12 students, except hospital and homebound part-time
4857students; and
4858     2.  Students who are career and technical education
4859students, and adult disabled students and who are enrolled in
4860school district career technical centers. The capital outlay
4861full-time equivalent membership shall be determined for
4862kindergarten through the 12th grade and for career technical
4863centers by averaging the unweighted full-time equivalent student
4864membership for the second and third surveys and comparing the
4865results on a school-by-school basis with the Florida Inventory
4866for School Houses. The capital outlay full-time equivalent
4867membership by grade level organization shall be used in making
4868the following calculations: The capital outlay full-time
4869equivalent membership by grade level organization for the 4th
4870prior year must be used to compute the base-year allocation. The
4871capital outlay full-time equivalent membership by grade-level
4872organization for the prior year must be used to compute the
4873growth over the highest of the 3 years preceding the prior year.
4874From the total amount appropriated by the Legislature pursuant
4875to this subsection, 40 percent shall be allocated among the base
4876capital outlay full-time equivalent membership and 60 percent
4877among the growth capital outlay full-time equivalent membership.
4878The allocation within each of these groups shall be prorated to
4879the districts based upon each district's percentage of base and
4880growth capital outlay full-time membership.  The most recent 4-
4881year capital outlay full-time equivalent membership data shall
4882be used in each subsequent year's calculation for the allocation
4883of funds pursuant to this subsection. If a change, correction,
4884or recomputation of data during any year results in a reduction
4885or increase of the calculated amount previously allocated to a
4886district, the allocation to that district shall be adjusted
4887correspondingly. If such recomputation results in an increase or
4888decrease of the calculated amount, such additional or reduced
4889amounts shall be added to or reduced from the district's future
4890appropriations.  However, no change, correction, or
4891recomputation of data shall be made subsequent to 2 years
4892following the initial annual allocation.
4893     Section 139.  Subsections (1) and (2), and paragraphs (a)
4894and (c) of subsection (4) of section 1013.75, Florida Statutes,
4895are amended to read:
4896     1013.75  Cooperative funding of career center and technical
4897educational facilities.--
4898     (1)  Each district school board operating a designated
4899career technical center may submit, prior to August 1 of each
4900year, a request to the commissioner for funds from the Public
4901Education Capital Outlay and Debt Service Trust Fund to plan,
4902construct, and equip a career center and technical educational
4903facility identified as being critical to the economic
4904development and the workforce needs of the school district.
4905Prior to submitting a request, each school district shall:
4906     (a)  Adopt and submit to the commissioner a resolution
4907indicating its commitment to fund the planning, construction,
4908and equipping of the proposed facility at 40 percent of the
4909requested project amount. The resolution shall also designate
4910the locale of the proposed facility. If funds from a private or
4911noneducational public entity are to be committed to the project,
4912then a joint resolution shall be required.
4913     (b)  Except as provided in paragraph (5)(b), levy the
4914maximum millage against the nonexempt assessed property value as
4915provided in s. 1011.71(2).
4916     (c)  Certify to the Office of Workforce and Economic
4917Development that the project has been survey recommended.
4918     (d)  Certify to the Office of Workforce and Economic
4919Development that final phase III construction documents comply
4920with applicable building codes and life safety codes.
4921     (e)  Sign an agreement that the district school board shall
4922advertise for bids within 90 days of receiving an encumbrance
4923authorization from the department.
4924     (f)  If a construction contract has not been signed 90 days
4925after the advertising of bids, certify to the Office of
4926Workforce and Economic Development and the department the cause
4927for delay. Upon request, an additional 90 days may be granted by
4928the commissioner.
4929     (2)  The Office of Workforce and Economic Development shall
4930establish the need for additional career and technical education
4931programs and the continuation of existing programs before
4932facility construction or renovation related to career and
4933technical education can be included in the educational plant
4934survey. Information used by the Office of Workforce and Economic
4935Development to establish facility needs shall include, but not
4936be limited to, labor market needs analysis and information
4937submitted by the school districts.
4938     (4)(a)  A career and technical education construction
4939committee shall be composed of the following: three
4940representatives from the Department of Education and one
4941representative from the Executive Office of the Governor.
4942     (c)  The commissioner's legislative capital outlay budget
4943request may include up to 2 percent of the new construction
4944allocation to public schools for career and technical capital
4945outlay projects recommended by the career and technical
4946education construction committee.
4947     Section 140.  This act shall take effect July 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.
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