September 19, 2020
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HB 0769

A bill to be entitled
2An act relating to career education; revising terminology
3relating to career, technical, vocational, and workforce
4education; amending s. 1002.34, F.S.; allowing charter
5technical career center sponsors to submit full-time
6enrollment membership data as defined in the charter
7agreement; deleting requirements relating to the number of
8days of instruction; creating s. 1003.431, F.S.; providing
9for a career education certification on a high school
10diploma; providing academic requirements for students
11enrolled in comprehensive career education programs;
12requiring the State Board of Education to define and
13specify by rule courses and experiences consistent with a
14comprehensive career education program; authorizing the
15State Board of Education to adopt by rule a standard
16format for career education certification; allowing
17incentive funding to school districts for students
18receiving the certification; amending s. 1003.491, F.S.;
19providing certain responsibilities for district school
20boards and superintendents relating to career education
21certification; creating s. 1003.492, F.S.; providing for
22coordination of career education programs with industry;
23requiring the State Board of Education to adopt rules for
24implementing an industry certification process; requiring
25the Department of Education to study student performance
26in industry-certified career education programs; requiring
27a study by the Department of Education to determine the
28need for cost factors or startup funding for industry-
29certified career education programs; creating s. 1006.025,
30F.S.; requiring district school boards to submit guidance
31reports to the Commissioner of Education and providing
32requirements thereof; amending s. 1012.01, F.S.; revising
33a personnel classification title; amending s. 1011.80,
34F.S.; repealing the Florida Workforce Development
35Education Fund; redesignating adult technical education
36programs as workforce education programs; revising
37requirements for funding; requiring reporting and cost
38analysis; amending ss. 1009.22 and 1011.83, F.S.; deleting
39references to the Florida Workforce Development Education
40Fund; requiring the Agency for Workforce Innovation and
41the Council for Education Policy Research and Improvement
42to study the need for new and expanded apprenticeship and
43other workforce education programs; requiring a report of
44findings and recommendations; requiring the Commissioner
45of Education to convene a study group to investigate
46workforce education issues; requiring the study group to
47submit a report with recommendations for modifications to
48the workforce education system; amending ss. 20.18,
49110.1099, 112.19, 112.191, 112.1915, 238.01, 250.10,
50250.482, 288.047, 288.9511, 292.05, 292.10, 295.02,
51295.125, 339.0805, 364.508, 376.0705, 380.0651, 402.305,
52402.3051, 403.716, 414.0252, 420.0004, 420.524, 420.602,
53440.16, 443.171, 445.003, 445.004, 445.009, 445.012,
54445.0123, 445.024, 445.049, 446.011, 446.052, 446.22,
55475.17, 475.451, 475.617, 475.6175, 475.618, 475.627,
56494.0029, 509.302, 553.841, 790.06, 790.115, 810.095,
57943.14, 948.015, 948.09, 958.12, 985.03, 985.315, 1000.04,
581000.05, 1001.42, 1001.44, 1001.452, 1001.453, 1001.64,
591002.01, 1002.20, 1002.22, 1002.38, 1002.42, 1003.01,
601003.02, 1003.43, 1003.47, 1003.51, 1003.52, 1004.02,
611004.04, 1004.07, 1004.54, 1004.65, 1004.73, 1004.91,
621004.92, 1004.93, 1004.98, 1005.02, 1005.06, 1005.21,
631006.035, 1006.051, 1006.21, 1006.31, 1007.21, 1007.23,
641007.24, 1007.25, 1007.27, 1007.271, 1008.37, 1008.385,
651008.405, 1008.41, 1008.42, 1008.43, 1008.45, 1009.23,
661009.25, 1009.40, 1009.532, 1009.533, 1009.536, 1009.55,
671009.61, 1009.64, 1009.98, 1010.20, 1010.58, 1011.62,
681011.68, 1012.01, 1012.39, 1012.41, 1012.43, 1013.03,
691013.31, 1013.64, and 1013.75, F.S., to conform; providing
70an effective date.
72Be It Enacted by the Legislature of the State of Florida:
74     Section 1.  Subsection (11) of section 1002.34, Florida
75Statutes, is amended to read:
76     1002.34  Charter technical career centers.--
77     (11)  FUNDING.--
78     (a)  Notwithstanding any other provision of law, a charter
79technical career center's student membership enrollment must be
80calculated pursuant to this section.
81     (b)(a)  Each district school board and community college
82that sponsors a charter technical career center shall pay
83directly to the center an amount stated in the charter.  State
84funding shall be generated for the center for its student
85enrollment and program outcomes as provided in law.  A center is
86eligible for funding from workforce education funds the Florida
87Workforce Development Education Fund, the Florida Education
88Finance Program, and the Community College Program Fund,
89depending upon the programs conducted by the center.
90     (c)(b)  A center may receive other state and federal aid,
91grants, and revenue through the district school board or
92community college board of trustees.
93     (d)(c)  A center may receive gifts and grants from private
95     (e)(d)  A center may not levy taxes or issue bonds, but it
96may charge a student tuition fee consistent with authority
97granted in its charter and permitted by law.
98     (f)(e)  A center shall provide for an annual financial
99audit in accordance with s. 218.39.
100     (g)  A center must define in the charter agreement the
101delivery system in which the instructional offering of
102educational services will be placed. The rules governing this
103delivery system must be applied to all of the center's students
104and must authorize all other sponsoring educational systems to
105report required enrollment and student data based solely on the
106rules of the offering institution. Each sponsor shall earn full-
107time equivalent membership for each student for funding and
108reporting purposes.
109     (f)  A center must provide instruction for at least the
110number of days required by law for other public schools or
111community colleges, as appropriate, and may provide instruction
112for additional days.
113     Section 2.  Section 1003.431, Florida Statutes, is created
114to read:
115     1003.431  Career education certification.--
116     (1)  A student who fulfills the following requirements
117shall be recognized with a career education certification on his
118or her high school diploma:
119     (a)  Completion of the requirements for high school
120graduation as provided in s. 1003.429 or s. 1003.43 and the
121additional requirements for a comprehensive career education
122program of study as provided in subsection (2).
123     (b)  A passing score on the college entry-level placement
124test or an equivalent test identified by the Department of
125Education with a score adequate to enroll in a public
126postsecondary educational program without the need for college
127preparatory or career preparatory instruction.
128     (2)  A comprehensive program of study in career education
129shall be designed to prepare a student to continue his or her
130education at a postsecondary educational institution and obtain
131employment. A comprehensive career education program of study
132must require of each student:
133     (a)  Completion of academic courses with a designation from
134the Department of Education of level two or above. All credits
135earned to meet graduation requirements in mathematics, science,
136and communication must have that designation.
137     (b)  Attainment of at least one occupational completion
138point in an industry-certified career education program or
139completion of at least two courses in a technology education
141     (c)  Completion of a one-credit course addressing workplace
142readiness skills. The course requirement may be satisfied by
143infusing course content into an existing select career and
144education course. The State Board of Education shall define by
145rule the content of the course and shall ensure that the course
146meets graduation requirements for performing fine arts or
147practical arts.
148     (d)  Participation in work-based learning experiences, as
149defined by rule by the State Board of Education.
150     (e)  Participation in a capstone activity that includes a
151project related to a career. This activity is designed to apply
152and demonstrate the competencies and concepts attained in the
153student's program of study. The State Board of Education may
154specify by rule characteristics of capstone activities that meet
155the intent of this paragraph.
156     (3)  The career education certification indicates that the
157student is prepared to continue into postsecondary education
158without the need for remediation and that the student has
159marketable employment skills. The State Board of Education may
160adopt by rule a standard format for the certification.
161     (4)  A school district is not required to offer a
162comprehensive career education program pursuant to this section.
163However, for each student who receives the career education
164certification on his or her high school diploma, the school
165district may receive incentive funding contingent upon funding
166in the annual General Appropriations Act.
167     (5)  A school district that generates funds as a result of
168incentive funding for student achievement of the career
169education certification on the high school diploma must expend
170the total amount on the comprehensive career education program
171of study. The school district may not apply indirect charges to
172incentive funds earned.
173     Section 3.  Subsection (1) of section 1003.491, Florida
174Statutes, is amended, and subsection (3) is added to said
175section, to read:
176     1003.491  Career and technical education.--
177     (1)  School board, superintendent, and school
178accountability for career and technical education within
179elementary and secondary schools includes, but is not limited
181     (a)  Student exposure to a variety of careers and provision
182of instruction to explore specific careers in greater depth.
183     (b)  Student awareness of available career and technical
184programs and the corresponding occupations into which such
185programs lead.
186     (c)  Student development of individual career plans.
187     (d)  Integration of academic and career and technical
188skills in the secondary curriculum.
189     (e)  Student preparation to enter the workforce and enroll
190in postsecondary education without being required to complete
191college preparatory or career vocational preparatory
193     (f)  Student retention in school through high school
195     (g)  Career education and technical curriculum articulation
196with corresponding postsecondary programs in the career local
197area technical center or community college, or both.
198     (3)  Each district school board and superintendent shall
199implement all components required to obtain the career education
200certification on the high school diploma if the school district
201chooses to offer the certification.
202     Section 4.  Section 1003.492, Florida Statutes, is created
203to read:
204     1003.492  Industry-certified career education programs.--
205     (1)  A career education program within a comprehensive high
206school program of study shall be coordinated with the
207appropriate industry indicating that all components of the
208program are relevant and appropriate to prepare the student for
209further education or for employment in that industry.
210     (2)  The State Board of Education shall adopt rules
211pursuant to ss. 120.536(1) and 120.54 for implementing an
212industry certification process, which rules must establish any
213necessary procedures for obtaining appropriate business partners
214and requirements for business and industry involvement in
215curriculum oversight and equipment procurement.
216     (3)  The Department of Education shall study student
217performance in industry-certified career education programs.
218The department shall identify districts that currently operate
219industry-certified career education programs. The study shall
220examine the performance of participating students over time.
221Performance factors shall include, but not be limited to,
222graduation rates, retention rates, additional educational
223attainment, employment records, earnings, and industry
224satisfaction. The results of this study shall be submitted to
225the President of the Senate and the Speaker of the House of
226Representatives by December 31, 2004.
227     (4)  The Department of Education shall conduct a study to
228determine if a cost factor should be applied to industry-
229certified career education programs and review the need for
230startup funding for the programs. The study shall be completed
231by December 31, 2004, and shall be submitted to the President of
232the Senate and the Speaker of the House of Representatives.
233     Section 5.  Section 1006.025, Florida Statutes, is created
234to read:
235     1006.025  Guidance services.--
236     (1)  Each district school board shall annually submit a
237district guidance report to the Commissioner of Education by
238June 30.
239     (2)  The guidance report shall include, but not be limited
240to, the following:
241     (a)  Examination of student access to guidance counselors.
242     (b)  Degree to which a district has adopted or implemented
243a guidance model program.
244     (c)  Evaluation of the information and training available
245to guidance counselors and career specialists to advise students
246on areas of critical need, labor market trends, and technical
247training requirements.
248     (d)  Progress toward incorporation of best practices for
249advisement as identified by the department.
250     (e)  Consideration of alternative guidance systems or
251ideas, including, but not limited to, a teacher-advisor model,
252mentoring, partnerships with the business community, web-based
253delivery, and parental involvement.
254     (f)  Actions taken to provide information to students for
255the school-to-work transition pursuant to s. 1006.02.
256     (g)  A guidance plan for the district.
257     (3)  The department shall provide resources to district
258school boards that may assist districts in preparing the annual
259guidance report. The resources shall include, but are not
260limited to, materials relating to guidance model programs,
261training available through the department for career guidance,
262adopted best practices, alternative guidance systems or ideas,
263and a model district guidance plan.
264     Section 6.  Paragraph (b) of subsection (2) of section
2651012.01, Florida Statutes, is amended to read:
266     1012.01  Definitions.--Specific definitions shall be as
267follows, and wherever such defined words or terms are used in
268the Florida K-20 Education Code, they shall be used as follows:
269     (2)  INSTRUCTIONAL PERSONNEL.--"Instructional personnel"
270means any staff member whose function includes the provision of
271direct instructional services to students. Instructional
272personnel also includes personnel whose functions provide direct
273support in the learning process of students. Included in the
274classification of instructional personnel are:
275     (b)  Student personnel services.--Student personnel
276services include staff members responsible for: advising
277students with regard to their abilities and aptitudes,
278educational and occupational opportunities, and personal and
279social adjustments; providing placement services; performing
280educational evaluations; and similar functions. Included in this
281classification are guidance counselors, social workers, career
282occupational/placement specialists, and school psychologists.
283     Section 7.  Section 1011.80, Florida Statutes, is amended
284to read:
285     1011.80  Funds for operation of workforce adult technical
286education programs.--
287     (1)  As used in this section, the terms "workforce
288development education" and "workforce education development
289program" include:
290     (a)  Adult general education programs designed to improve
291the employability skills of the state's workforce as defined in
292s. 1004.02(3) s. 1004.02(5).
293     (b)  Career and technical certificate programs, as defined
294in s. 1004.02(21) s. 1004.02(23).
295     (c)  Applied technology diploma programs.
296     (d)  Continuing workforce education courses.
297     (e)  Degree career technical education programs.
298     (f)  Apprenticeship and preapprenticeship programs as
299defined in s. 446.021.
300     (2)  Any workforce development education program may be
301conducted by a community college or a school district, except
302that college credit in an associate in applied science or an
303associate in science degree may be awarded only by a community
304college. However, if an associate in applied science or an
305associate in science degree program contains within it an
306occupational completion point that confers a certificate or an
307applied technology diploma, that portion of the program may be
308conducted by a school district career technical center. Any
309instruction designed to articulate to a degree program is
310subject to guidelines and standards adopted by the State Board
311of Education pursuant to s. 1007.25.
312     (3)  If a program for disabled adults pursuant to s.
3131004.93 is a workforce development program as defined in law, it
314must be funded as provided in this section.
315     (4)  The Florida Workforce Development Education Fund is
316created to provide performance-based funding for all workforce
317development programs, whether the programs are offered by a
318school district or a community college. Funding for all
319workforce development education programs must be from the
320Workforce Development Education Fund and must be based on cost
321categories, performance output measures, and performance outcome
323     (a)  The cost categories must be calculated to identify
324high-cost programs, medium-cost programs, and low-cost programs.
325The cost analysis used to calculate and assign a program of
326study to a cost category must include at least both direct and
327indirect instructional costs, consumable supplies, equipment,
328and standard program length.
329     (b)1.  The performance output measure for career and
330technical education programs of study is student completion of a
331career and technical program of study that leads to an
332occupational completion point associated with a certificate; an
333apprenticeship program; or a program that leads to an applied
334technology diploma or an associate in applied science or
335associate in science degree. Performance output measures for
336registered apprenticeship programs shall be based on program
337lengths that coincide with lengths established pursuant to the
338requirements of chapter 446.
339     2.  The performance output measure for an adult general
340education course of study is measurable improvement in student
341skills. This measure shall include improvement in literacy
342skills, grade level improvement as measured by an approved test,
343or attainment of a State of Florida diploma or an adult high
344school diploma.
345     (c)  The performance outcome measures for workforce
346education programs funded through the Workforce Development
347Education Fund are associated with placement and retention of
348students after reaching a completion point or completing a
349program of study. These measures include placement or retention
350in employment that is related to the program of study; placement
351into or retention in employment in an occupation on the
352Workforce Estimating Conference list of high-wage, high-skill
353occupations with sufficient openings, or other High Wage/High
354Skill Program occupations as determined by Workforce Florida,
355Inc.; and placement and retention of participants or former
356participants in the welfare transition program in employment.
357Continuing postsecondary education at a level that will further
358enhance employment is a performance outcome for adult general
359education programs. Placement and retention must be reported
360pursuant to ss. 1008.39 and 1008.43.
361     (5)  State funding and student fees for workforce education
362development instruction funded through the Workforce Development
363Education Fund shall be established as follows:
364     (a)  For a continuing workforce education course, state
365funding shall equal 50 percent of the cost of instruction, with
366student fees, business support, quick-response training funds,
367or other means making up the remaining 50 percent.
368     (b)  For all other workforce development education programs
369funded through the Workforce Development Education Fund, state
370funding shall equal 75 percent of the average cost of
371instruction with the remaining 25 percent made up from student
372fees. Fees for courses within a program shall not vary according
373to the cost of the individual program, but instead shall be
374based on a uniform fee calculated and set at the state level, as
375adopted by the State Board of Education, unless otherwise
376specified in the General Appropriations Act.
377     (c)  For fee-exempt students pursuant to s. 1009.25, unless
378otherwise provided for in law, state funding shall equal 100
379percent of the average cost of instruction.
380     (6)(a)  A school district or a community college that
381provides workforce development education programs funded through
382the Workforce Development Education Fund shall receive funds in
383accordance with distributions for base and performance funding
384established by the Legislature in the General Appropriations
385Act. If the General Appropriations Act does not provide for the
386distribution of funds, the following methodology shall apply,
387pursuant to the following conditions:
388     1.  Base funding shall be allocated based on weighted
389enrollment and shall not exceed 90 85 percent of the current
390fiscal year total Workforce Development Education Fund
391allocation, which shall be distributed by the Legislature in the
392General Appropriations Act based on a maximum of 85 percent of
393the institution's prior year total allocation from base and
394performance funds. The Department of Education shall develop a
395funding process for school district workforce education programs
396that is comparable with community college workforce programs.
397     2.  Performance funding shall be at least 10 15 percent of
398the current fiscal year total Workforce Development Education
399Fund allocation, which shall be distributed by the Legislature
400in the General Appropriations Act based on the previous fiscal
401year's achievement of output and outcomes in accordance with
402formulas adopted pursuant to subsection (10)(9). Performance
403funding must incorporate payments for at least three levels of
404placements that reflect wages and workforce demand. Payments for
405completions must not exceed 60 percent of the payments for
406placement. School districts and community colleges shall be
407awarded funds pursuant to this paragraph based on performance
408output data and performance outcome data available in that year.
409     3.  If a local educational agency achieves a level of
410performance sufficient to generate a full allocation as
411authorized by the workforce development funding formula, the
412agency may earn performance incentive funds as appropriated for
413that purpose in a General Appropriations Act. If performance
414incentive funds are funded and awarded, these funds must be
415added to the local educational agency's prior year total
416allocation from the Workforce Development Education Fund and
417shall be used to calculate the following year's base funding.
418     (b)  A program is established to assist school districts
419and community colleges in responding to the needs of new and
420expanding businesses and thereby strengthening the state's
421workforce and economy. The program may be funded in the General
422Appropriations Act. A school district or community college may
423expend funds under the program without regard to performance
424criteria set forth in subparagraph (a)2. The district or
425community college shall use the program to provide customized
426training for businesses which satisfies the requirements of s.
427288.047. Business firms whose employees receive the customized
428training must provide 50 percent of the cost of the training.
429Balances remaining in the program at the end of the fiscal year
430shall not revert to the general fund, but shall be carried over
431for 1 additional year and used for the purpose of serving
432incumbent worker training needs of area businesses with fewer
433than 100 employees. Priority shall be given to businesses that
434must increase or upgrade their use of technology to remain
436     (7)  A school district or community college that receives
437workforce education funds earns performance funding must use the
438money to benefit the workforce postsecondary adult and technical
439education programs it provides. The money may be used for
440equipment upgrades, program expansions, or any other use that
441would result in workforce education development program
442improvement. The district school board or community college
443board of trustees may not withhold any portion of the
444performance funding for indirect costs. Notwithstanding s.
445216.351, funds awarded pursuant to this section may be carried
446across fiscal years and shall not revert to any other fund
447maintained by the district school board or community college
448board of trustees.
449     (8)  The State Board of Education and Workforce Florida,
450Inc., shall provide the Legislature with recommended formulas,
451criteria, timeframes, and mechanisms for distributing
452performance funds. The commissioner shall consolidate the
453recommendations and develop a consensus proposal for funding.
454The Legislature shall adopt a formula and distribute the
455performance funds to the State Board of Education for community
456colleges and school districts through the General Appropriations
457Act. These recommendations shall be based on formulas that would
458discourage low-performing or low-demand programs and encourage
459through performance-funding awards:
460     (a)  Programs that prepare people to enter high-wage
461occupations identified by the Workforce Estimating Conference
462created by s. 216.136 and other programs as approved by
463Workforce Florida, Inc. At a minimum, performance incentives
464shall be calculated for adults who reach completion points or
465complete programs that lead to specified high-wage employment
466and to their placement in that employment.
467     (b)  Programs that successfully prepare adults who are
468eligible for public assistance, economically disadvantaged,
469disabled, not proficient in English, or dislocated workers for
470high-wage occupations.  At a minimum, performance incentives
471shall be calculated at an enhanced value for the completion of
472adults identified in this paragraph and job placement of such
473adults upon completion. In addition, adjustments may be made in
474payments for job placements for areas of high unemployment.
475     (c)  Programs that are specifically designed to be
476consistent with the workforce needs of private enterprise and
477regional economic development strategies, as defined in
478guidelines set by Workforce Florida, Inc. Workforce Florida,
479Inc., shall develop guidelines to identify such needs and
480strategies based on localized research of private employers and
481economic development practitioners.
482     (d)  Programs identified by Workforce Florida, Inc., as
483increasing the effectiveness and cost efficiency of education.
484     (9)  School districts shall report full-time equivalent
485students by discipline category for the programs specified in
486subsection (1). There shall be an annual cost analysis for the
487school district workforce education programs that reports cost
488by discipline category consistent with the reporting for full-
489time equivalent students. The annual financial reports submitted
490by the school districts must accurately report on the student
491fee revenues by fee type according to the programs specified in
492subsection (1). The Department of Education shall develop a plan
493for comparable reporting of program, student, facility,
494personnel, and financial data between the community colleges and
495the school district workforce education programs.
496     (10)(9)  A high school student dually enrolled under s.
4971007.271 in a workforce education development program funded
498through the Workforce Development Education Fund and operated by
499a community college or school district career technical center
500generates the amount calculated for workforce education funding
501by the Workforce Development Education Fund, including any
502payment of performance funding, and the proportional share of
503full-time equivalent enrollment generated through the Florida
504Education Finance Program for the student's enrollment in a high
505school. If a high school student is dually enrolled in a
506community college program, including a program conducted at a
507high school, the community college earns the funds generated for
508workforce education funding, through the Workforce Development
509Education Fund and the school district earns the proportional
510share of full-time equivalent funding from the Florida Education
511Finance Program. If a student is dually enrolled in a career
512technical center operated by the same district as the district
513in which the student attends high school, that district earns
514the funds generated for workforce education funding through the
515Workforce Development Education Fund and also earns the
516proportional share of full-time equivalent funding from the
517Florida Education Finance Program. If a student is dually
518enrolled in a workforce education development program provided
519by a career technical center operated by a different school
520district, the funds must be divided between the two school
521districts proportionally from the two funding sources. A student
522may not be reported for funding in a dual enrollment workforce
523education development program unless the student has completed
524the basic skills assessment pursuant to s. 1004.91.
525     (11)(10)  The State Board of Education may adopt rules to
526administer this section.
527     Section 8.  Subsections (1), (5), (12), and (13) of section
5281009.22, Florida Statutes, are amended to read:
529     1009.22  Workforce education development postsecondary
530student fees.--
531     (1)  This section applies to students enrolled in workforce
532education development programs who are reported for funding
533through the Workforce Development Education Fund, except that
534college credit fees for the community colleges are governed by
535s. 1009.23.
536     (5)  Each district school board and community college board
537of trustees may establish a separate fee for financial aid
538purposes in an additional amount of up to 10 percent of the
539student fees collected for workforce education development
540programs funded through the Workforce Development Education
541Fund. All fees collected shall be deposited into a separate
542workforce education development student financial aid fee trust
543fund of the school district or community college to support
544students enrolled in workforce education development programs.
545Any undisbursed balance remaining in the trust fund and interest
546income accruing to investments from the trust fund shall
547increase the total funds available for distribution to workforce
548development education students. Awards shall be based on student
549financial need and distributed in accordance with a nationally
550recognized system of need analysis approved by the State Board
551of Education. Fees collected pursuant to this subsection shall
552be allocated in an expeditious manner.
553     (12)  Any school district or community college that reports
554students who have not paid fees in an approved manner in
555calculations of full-time equivalent enrollments for state
556funding purposes shall be penalized at a rate equal to 2 times
557the value of such enrollments. Such penalty shall be charged
558against the following year's allocation from workforce education
559funds the Florida Workforce Development Education Fund or the
560Community College Program Fund and shall revert to the General
561Revenue Fund. The State Board of Education shall specify, in
562rule, approved methods of student fee payment. Such methods must
563include, but need not be limited to, student fee payment;
564payment through federal, state, or institutional financial aid;
565and employer fee payments.
566     (13)  Each school district and community college shall
567report only those students who have actually enrolled in
568instruction provided or supervised by instructional personnel
569under contract with the district or community college in
570calculations of actual full-time enrollments for state funding
571purposes. A student who has been exempted from taking a course
572or who has been granted academic or technical credit through
573means other than actual coursework completed at the granting
574institution may not be calculated for enrollment in the course
575from which the student has been exempted or for which the
576student has been granted credit. School districts and community
577colleges that report enrollments in violation of this subsection
578shall be penalized at a rate equal to 2 times the value of such
579enrollments. Such penalty shall be charged against the following
580year's allocation from workforce education funds the Workforce
581Development Education Fund and shall revert to the General
582Revenue Fund.
583     Section 9.  Section 1011.83, Florida Statutes, is amended
584to read:
585     1011.83  Financial support of community colleges.--Each
586community college that has been approved by the Department of
587Education and meets the requirements of law and rules of the
588State Board of Education shall participate in the Community
589College Program Fund. However, funds to support workforce
590education development programs conducted by community colleges
591shall be provided by the Workforce Development Education Fund
592pursuant to s. 1011.80.
593     Section 10.  The Agency for Workforce Innovation and the
594Council for Education Policy Research and Improvement (CEPRI)
595shall conduct a joint study on the need for new and expanded
596apprenticeship and other workforce education programs within
597each workforce region. The study shall include all
598apprenticeship programs registered pursuant to chapter 446,
599Florida Statutes. A specific emphasis shall be placed upon
600apprenticeships in construction and educational programs,
601including, but not limited to, biotechnology, information
602technology, allied health, or other identified areas of critical
603need. The Agency for Workforce Innovation and CEPRI shall
604jointly submit a report of their findings and recommendations by
605December 31, 2004, to the Governor, the President of the Senate,
606and the Speaker of the House of Representatives.
607     Section 11.  Workforce education study.--
608     (1)  For purposes of this section, workforce education is
609defined as the programs referenced in s. 1011.80(1), Florida
611     (2)  To assist the Legislature in providing solutions to
612the demands for workforce education, the Commissioner of
613Education shall convene a study group to investigate issues
614related to workforce education in Florida. The study group shall
615report to the commissioner and the State Board of Education on
616or before October 1, 2004, with specific actions necessary to
617affect the timely implementation of modifications to the
618workforce education system in Florida. The study group shall
619consider any relevant projects of the Council for Education
620Policy Research and Improvement and the Office of Program Policy
621Analysis and Government Accountability and federal legislation
622or appropriations. Recommendations must be consistent with the
623K-20 education performance accountability system in s. 1008.31,
624Florida Statutes. Based on the study group report, the
625Commissioner of Education shall report to the Governor, the
626Speaker of the House of Representatives, and the President of
627the Senate on or before December 1, 2004, a summary of the
628conclusions of the study group and recommended funding and
629statutory changes if necessary.
630     (3)  The study group shall consist of members appointed by
631the Commissioner of Education who represent school districts,
632community colleges, public and independent universities, private
633postsecondary schools and colleges, the Agency for Workforce
634Innovation, Workforce Florida, Inc., and Enterprise Florida,
635Inc., and other members deemed appropriate by the commissioner,
636with a majority of the membership consisting of representatives
637of business and industry.
638     (4)  The study group shall recommend an implementation plan
639for their recommendations that shall include, but is not limited
641     (a)  A recommended funding model for workforce education
642that encompasses both enrollment and performance. The
643recommendations must include a process for providing for growth
644and development of new programs to meet the demands of economic
645development at the state, regional, and local levels.
646Recommendations for funding should reflect consideration of
647state funding, student fees, and federal and private funding, as
648well as diverse needs and challenges faced by institutions.
649     (b)  A recommended allocation model for workforce education
650based on occupational completion points, literacy completion
651points, and program length. Performance outcomes should reflect
652program completion, job placement, and successful transfer to
653another educational institution. Performance outcomes for
654traditionally hard-to-serve populations may be weighted based on
655empirical evidence. Performance outcomes should encourage the
656expansion of public-private partnerships by including the
657successful leveraging of private resources. Performance outcomes
658should be evaluated by examining an institution's performance
659over time rather than its performance relative to other
660institutions and should be consistent regardless of the type of
661institution offering the program.
662     (c)  Recommendations to improve articulation and obtain the
663maximum appropriate transferability of coursework between
664components of the workforce education system and between
665workforce education programs and advanced degrees. The
666implementation plan shall include a review of current
667articulation practices for workforce education, examples of best
668practices, and specific methods to improve articulation options
669for all students participating in workforce education.
670     (d)  Recommendations for the implementation of innovative
671programs that provide high school students with work-related
672career-based educational opportunities. Recommendations shall
673reflect the consideration of a broad array of options,
674including, but not limited to, high school career academies,
675charter technical centers, industry-certified educational
676opportunities, and the expanded use of career dual enrollment or
677other acceleration mechanisms. Recommendations shall also
678include expanded opportunities for partnership with business and
679industry to ensure that all components of any recommended
680program are relevant and appropriate to prepare students for
681further education and employment.
682     (e)  Recommendations for the implementation of innovative
683options or expanded use of existing resources for the delivery
684of postsecondary workforce education. These options must respond
685to the need for access to workforce education in geographic
686areas of high demand or unmet need or to demand for programs in
687occupational clusters that are targeted for purposes of economic
688development. Recommendations must include, but are not limited
689to, consideration of the increased use of distance learning,
690agreements for the innovative use of facilities, and other
691innovative partnerships and programs that would improve access
692to workforce education.
693     (f)  Recommendations for improvements to guidance
694counseling and advising to ensure that all students in the K-12
695system are properly informed and prepared for their future
696careers regardless of whether they intend to train for those
697careers in a traditional college setting or through workforce
698education. Recommendations shall address the effect of students
699receiving guidance and advising beginning at the middle school
700level that balances the postsecondary academic and workforce
701education options available to students. Recommendations shall
702reflect a consideration of best practices and innovative models
703for student advisement. Recommendations shall also include
704opportunities for state and local educational entities to
705partner with business and industry to align existing guidance
706counseling and advising resources with other agencies and
707organizations and to develop an intensive marketing campaign to
708attract high school students into postsecondary education
709programs leading to careers that are of critical need to the
710state. The recommendations shall include a timeline for
711implementation to be completed no later than July 1, 2005.
712     (5)  The Department of Education shall provide staff
713assistance and resources to assist the study group in preparing
715     Section 12.  Paragraph (a) of subsection (4) of section
71620.18, Florida Statutes, is amended to read:
717     20.18  Department of Community Affairs.--There is created a
718Department of Community Affairs.
719     (4)  In addition to its other powers, duties, and
720functions, the department shall, under the general supervision
721of the secretary and the Interdepartmental Coordinating Council
722on Community Services, assist and encourage the development of
723state programs by the various departments for the productive use
724of human resources, and the department shall work with other
725state agencies in order that together they might:
726     (a)  Effect the coordination, by the responsible agencies
727of the state, of the career vocational, technical, and adult
728educational programs of the state in order to provide the
729maximum use and meaningful employment of persons completing
730courses of study from such programs;
731     Section 13.  Paragraph (a) of subsection (1) and subsection
732(5) of section 110.1099, Florida Statutes, are amended to read:
733     110.1099  Education and training opportunities for state
735     (1)(a)  Education and training are an integral component in
736improving the delivery of services to the public.  Recognizing
737that the application of productivity-enhancing technology and
738practice demands continuous educational and training
739opportunities, a state employee may be authorized to receive a
740voucher or grant, for matriculation fees, to attend work-related
741courses at public community colleges, public career technical
742centers, or public universities. The department may implement
743the provisions of this section from funds appropriated to the
744department for this purpose. In the event insufficient funds are
745appropriated to the department, each state agency may supplement
746these funds to support the training and education needs of its
747employees from funds appropriated to the agency.
748     (5)  The Department of Management Services, in consultation
749with the agencies and, to the extent applicable, with Florida's
750public community colleges, public career technical centers, and
751public universities, shall adopt rules to administer this
753     Section 14.  Subsection (3) of section 112.19, Florida
754Statutes, as amended by section 1 of chapter 2002-191, Laws of
755Florida, is amended to read:
756     112.19  Law enforcement, correctional, and correctional
757probation officers; death benefits.--
758     (3)  If a law enforcement, correctional, or correctional
759probation officer is accidentally killed as specified in
760paragraph (2)(b) on or after June 22, 1990, or unlawfully and
761intentionally killed as specified in paragraph (2)(c) on or
762after July 1, 1980, the state shall waive certain educational
763expenses that the child or spouse of the deceased officer incurs
764while obtaining a career vocational-technical certificate, an
765undergraduate education, or a postgraduate education. The amount
766waived by the state shall be an amount equal to the cost of
767tuition and matriculation and registration fees for a total of
768120 credit hours. The child or spouse may attend a state career
769center vocational-technical school, a state community college,
770or a state university. The child or spouse may attend any or all
771of the institutions specified in this subsection, on either a
772full-time or part-time basis. The benefits provided to a child
773under this subsection shall continue until the child's 25th
774birthday. The benefits provided to a spouse under this
775subsection must commence within 5 years after the death occurs,
776and entitlement thereto shall continue until the 10th
777anniversary of that death.
778     (a)  Upon failure of any child or spouse benefited by the
779provisions of this subsection to comply with the ordinary and
780minimum requirements of the institution attended, both as to
781discipline and scholarship, the benefits shall be withdrawn as
782to the child or spouse and no further moneys may be expended for
783the child's or spouse's benefits so long as such failure or
784delinquency continues.
785     (b)  Only a student in good standing in his or her
786respective institution may receive the benefits thereof.
787     (c)  A child or spouse receiving benefits under this
788subsection must be enrolled according to the customary rules and
789requirements of the institution attended.
790     Section 15.  Subsection (3) of section 112.19, Florida
791Statutes, as amended by section 1 of chapter 2002-232, Laws of
792Florida, as amended by section 9 of chapter 2003-1, Laws of
793Florida, is amended to read:
794     112.19  Law enforcement, correctional, and correctional
795probation officers; death benefits.--
796     (3)  If a law enforcement, correctional, or correctional
797probation officer is accidentally killed as specified in
798paragraph (2)(b) on or after June 22, 1990, or unlawfully and
799intentionally killed as specified in paragraph (2)(c) on or
800after July 1, 1980, the state shall waive certain educational
801expenses that children of the deceased officer incur while
802obtaining a career vocational-technical certificate, an
803undergraduate education, or a graduate or postbaccalaureate
804professional degree. The amount waived by the state shall be an
805amount equal to the cost of tuition, matriculation, and other
806statutorily authorized fees for a total of 120 credit hours for
807a career vocational-technical certificate or an undergraduate
808education. For a child pursuing a graduate or postbaccalaureate
809professional degree, the amount waived shall equal the cost of
810matriculation and other statutorily authorized fees incurred
811while the child continues to fulfill the professional
812requirements associated with the graduate or postbaccalaureate
813professional degree program, and eligibility continues until the
814child's 29th birthday. The child may attend a state career
815center vocational-technical school, a state community college,
816or a state university. The child may attend any or all of the
817institutions specified in this subsection, on either a full-time
818or part-time basis. For a child pursuing a career vocational-
819technical certificate or an undergraduate education, the
820benefits provided under this subsection shall continue to the
821child until the child's 25th birthday. To be eligible for the
822benefits provided under this subsection for enrollment in a
823graduate or postbaccalaureate professional degree program, the
824child must be a state resident, as defined in s. 1009.21, at the
825time of enrollment.
826     (a)  Upon failure of any child benefited by the provisions
827of this section to comply with the ordinary and minimum
828requirements of the institution attended, both as to discipline
829and scholarship, the benefits shall be withdrawn as to the child
830and no further moneys may be expended for the child's benefits
831so long as such failure or delinquency continues.
832     (b)  Only a student in good standing in his or her
833respective institution may receive the benefits thereof.
834     (c)  A child receiving benefits under this section must be
835enrolled according to the customary rules and requirements of
836the institution attended.
837     Section 16.  Subsection (3) of section 112.191, Florida
838Statutes, as amended by section 2 of chapter 2002-191, Laws of
839Florida, is amended to read:
840     112.191  Firefighters; death benefits.--
841     (3)  If a firefighter is accidentally killed as specified
842in paragraph (2)(b) on or after June 22, 1990, or unlawfully and
843intentionally killed as specified in paragraph (2)(c), on or
844after July 1, 1980, the state shall waive certain educational
845expenses that the child or spouse of the deceased firefighter
846incurs while obtaining a career vocational-technical
847certificate, an undergraduate education, or a postgraduate
848education. The amount waived by the state shall be an amount
849equal to the cost of tuition and matriculation and registration
850fees for a total of 120 credit hours. The child or spouse may
851attend a state career center vocational-technical school, a
852state community college, or a state university. The child or
853spouse may attend any or all of the institutions specified in
854this subsection, on either a full-time or part-time basis. The
855benefits provided to a child under this subsection shall
856continue until the child's 25th birthday. The benefits provided
857to a spouse under this subsection must commence within 5 years
858after the death occurs, and entitlement thereto shall continue
859until the 10th anniversary of that death.
860     (a)  Upon failure of any child or spouse benefited by the
861provisions of this subsection to comply with the ordinary and
862minimum requirements of the institution attended, both as to
863discipline and scholarship, the benefits thereof shall be
864withdrawn as to the child or spouse and no further moneys
865expended for the child's or spouse's benefits so long as such
866failure or delinquency continues.
867     (b)  Only students in good standing in their respective
868institutions shall receive the benefits thereof.
869     (c)  A child or spouse receiving benefits under this
870subsection must be enrolled according to the customary rules and
871requirements of the institution attended.
872     Section 17.  Subsection (3) of section 112.191, Florida
873Statutes, as amended by section 2 of chapter 2002-232, Laws of
874Florida, as amended by section 10 of chapter 2003-1, Laws of
875Florida, is amended to read:
876     112.191  Firefighters; death benefits.--
877     (3)  If a firefighter is accidentally killed as specified
878in paragraph (2)(b) on or after June 22, 1990, or unlawfully and
879intentionally killed as specified in paragraph (2)(c), on or
880after July 1, 1980, the state shall waive certain educational
881expenses that children of the deceased firefighter incur while
882obtaining a career vocational-technical certificate, an
883undergraduate education, or a graduate or postbaccalaureate
884professional degree. The amount waived by the state shall be an
885amount equal to the cost of tuition, matriculation, and other
886statutorily authorized fees for a total of 120 credit hours for
887a career vocational-technical certificate or an undergraduate
888education. For a child pursuing a graduate or postbaccalaureate
889professional degree, the amount waived shall equal the cost of
890matriculation and other statutorily authorized fees incurred
891while the child continues to fulfill the professional
892requirements associated with the graduate or postbaccalaureate
893professional degree program, and eligibility continues until the
894child's 29th birthday. The child may attend a state career
895center vocational-technical school, a state community college,
896or a state university. The child may attend any or all of the
897institutions specified in this subsection, on either a full-time
898or part-time basis. For a child pursuing a career vocational-
899technical certificate or an undergraduate education, the
900benefits provided under this subsection shall continue to such a
901child until the child's 25th birthday. To be eligible for the
902benefits provided under this subsection for enrollment in a
903graduate or postbaccalaureate professional degree program, the
904child must be a state resident, as defined in s. 1009.21, at the
905time of enrollment.
906     (a)  Upon failure of any child benefited by the provisions
907of this section to comply with the ordinary and minimum
908requirements of the institution attended, both as to discipline
909and scholarship, the benefits thereof shall be withdrawn as to
910the child and no further moneys expended for the child's
911benefits so long as such failure or delinquency continues.
912     (b)  Only students in good standing in their respective
913institutions shall receive the benefits thereof.
914     (c)  All children receiving benefits under this section
915shall be enrolled according to the customary rules and
916requirements of the institution attended.
917     Section 18.  Paragraph (d) of subsection (3) of section
918112.1915, Florida Statutes, is amended to read:
919     112.1915  Teachers and school administrators; death
920benefits.--Any other provision of law to the contrary
922     (3)  If a teacher or school administrator dies under the
923conditions in subsection (2), benefits shall be provided as
925     (d)  Waiver of certain educational expenses which children
926of the deceased teacher or school administrator incur while
927obtaining a career vocational-technical certificate or an
928undergraduate education shall be according to conditions set
929forth in this paragraph. The amount waived by the state shall be
930an amount equal to the cost of tuition and matriculation and
931registration fees for a total of 120 credit hours at a
932university. The child may attend a state career center
933vocational-technical school, a state community college, or a
934state university. The child may attend any or all of the
935institutions specified in this paragraph, on either a full-time
936or part-time basis. The benefits provided under this paragraph
937shall continue to the child until the child's 25th birthday.
938     1.  Upon failure of any child benefited by the provisions
939of this paragraph to comply with the ordinary and minimum
940requirements of the institution attended, both as to discipline
941and scholarship, the benefits shall be withdrawn as to the child
942and no further moneys may be expended for the child's benefits
943so long as such failure or delinquency continues.
944     2.  A student who becomes eligible for benefits under the
945provisions of this paragraph while enrolled in an institution
946must be in good standing with the institution to receive the
947benefits provided herein.
948     3.  A child receiving benefits under this paragraph must be
949enrolled according to the customary rules and requirements of
950the institution attended.
951     Section 19.  Subsection (3) of section 238.01, Florida
952Statutes, is amended to read:
953     238.01  Definitions.--The following words and phrases as
954used in this chapter shall have the following meanings unless a
955different meaning is plainly required by the context:
956     (3)  "Teacher" means any member of the teaching or
957professional staff and any certificated employee of any public
958free school, of any district school system and career center
959vocational school, any member of the teaching or professional
960staff of the Florida School for the Deaf and Blind, child
961training schools of the Department of Juvenile Justice, the
962Department of Corrections, and any tax-supported institution of
963higher learning of the state, and any member and any certified
964employee of the Department of Education, any certified employee
965of the retirement system, any full-time employee of any
966nonprofit professional association or corporation of teachers
967functioning in Florida on a statewide basis, which seeks to
968protect and improve public school opportunities for children and
969advance the professional and welfare status of its members, any
970person now serving as superintendent, or who was serving as
971county superintendent of public instruction on July 1, 1939, and
972any hereafter duly elected or appointed superintendent, who
973holds a valid Florida teachers' certificate. In all cases of
974doubt the Department of Management Services shall determine
975whether any person is a teacher as defined herein.
976     Section 20.  Paragraph (b) of subsection (7), paragraph (c)
977of subsection (8), and paragraph (b) of subsection (9) of
978section 250.10, Florida Statutes, are amended to read:
979     250.10  Appointment and duties of the Adjutant General.--
980     (7)  The Adjutant General and the State Board of Education
981shall develop education assistance programs for members in good
982standing of the active Florida National Guard who enroll in a
983public institution of higher learning in the state.
984     (b)  The programs shall define those members of the active
985Florida National Guard who are ineligible to participate in the
986program and those courses of study which are not authorized for
987the program.
988     1.  Such members include, but are not limited to:
989     a.  Any member, commissioned officer, warrant officer, or
990enlisted person who has a baccalaureate degree.
991     b.  Any member who has 15 years or more of total military
992service creditable toward retirement.
993     c.  Any member who has not completed basic military
995     2.  Courses not authorized include noncredit courses,
996courses that do not meet degree requirements, or courses that do
997not meet requirements for completion of career vocational-
998technical training.
999     (8)  The Department of Military Affairs may administer a
1000tuition exemption program, known as the State Tuition Exemption
1001Program (STEP), for members of the Florida National Guard who
1002qualify pursuant to subsection (7).
1003     (c)  Courses not authorized include noncredit courses,
1004courses that do not meet degree requirements, or courses that do
1005not meet requirements for completing career vocational-technical
1007     (9)  Subject to appropriations, the Department of Military
1008Affairs may pay the full cost of tuition and fees for required
1009courses for members of the Florida National Guard who enlist
1010after June 30, 1997. This program shall be known as the
1011Educational Dollars for Duty program (EDD) and is the primary
1012program for these members.
1013     (b)  Courses not authorized include noncredit courses,
1014courses that do not meet the degree requirements, or courses
1015that do not meet requirements for completing career vocational-
1016technical training.
1017     Section 21.  Subsection (1) of section 250.482, Florida
1018Statutes, is amended to read:
1019     250.482  Troops ordered into state active service; not to
1020be penalized by employers and postsecondary institutions.--
1021     (1)  If a member of the Florida National Guard is ordered
1022into state active duty pursuant to this chapter, a private or
1023public employer, or an employing or appointing authority of this
1024state, its counties, school districts, municipalities, political
1025subdivisions, career centers vocational or technical schools,
1026community colleges, or universities, may not discharge,
1027reprimand, or in any other way penalize such member because of
1028his or her absence by reason of state active duty.
1029     Section 22.  Subsection (3) of section 288.047, Florida
1030Statutes, is amended to read:
1031     288.047  Quick-response training for economic
1033     (3)  Requests for funding through the Quick-Response
1034Training Program may be produced through inquiries from a
1035specific business or industry, inquiries from a school district
1036director of career education or community college occupational
1037dean on behalf of a business or industry, or through official
1038state or local economic development efforts. In allocating funds
1039for the purposes of the program, Workforce Florida, Inc., shall
1040establish criteria for approval of requests for funding and
1041shall select the entity that provides the most efficient, cost-
1042effective instruction meeting such criteria. Program funds may
1043be allocated to any career area technical center, community
1044college, or state university. Program funds may be allocated to
1045private postsecondary institutions only upon a review that
1046includes, but is not limited to, accreditation and licensure
1047documentation and prior approval by Workforce Florida, Inc.
1048Instruction funded through the program must terminate when
1049participants demonstrate competence at the level specified in
1050the request; however, the grant term may not exceed 24 months.
1051Costs and expenditures for the Quick-Response Training Program
1052must be documented and separated from those incurred by the
1053training provider.
1054     Section 23.  Subsection (1) of section 288.9511, Florida
1055Statutes, is amended to read:
1056     288.9511  Definitions.--As used in ss. 288.9511-288.9517,
1057the term:
1058     (1)  "Educational institutions" means Florida career
1059centers technical institutes and vocational schools, and public
1060and private community colleges, colleges, and universities in
1061the state.
1062     Section 24.  Subsection (1) of section 292.05, Florida
1063Statutes, is amended to read:
1064     292.05  Duties of Department of Veterans' Affairs.--
1065     (1)  The Department of Veterans' Affairs shall provide
1066assistance to all former, present, and future members of the
1067Armed Forces of the United States and their dependents in
1068preparing claims for and securing such compensation,
1069hospitalization, career vocational training, and other benefits
1070or privileges to which such persons or any of them are or may
1071become entitled under any federal or state law or regulation by
1072reason of their service in the Armed Forces of the United
1073States.  All services rendered under this subsection shall be
1074without charge to the claimant.
1075     Section 25.  Section 292.10, Florida Statutes, is amended
1076to read:
1077     292.10  Local governing bodies authorized to assist war
1078veterans; powers.--The board of county commissioners of each
1079county and the governing body of each city in the state are
1080hereby granted full and complete power and authority to aid and
1081assist wherever practical and feasible the veterans, male and
1082female, who have served in the Armed Forces of the United States
1083in any war and received an honorable discharge from any branch
1084of the military service of the United States, and their
1085dependents, in presenting claims for and securing such
1086compensation, hospitalization, education, loans, career
1087vocational training, and other benefits or privileges to which
1088said veterans, or any of them, are or may become entitled under
1089any federal or state law or regulation by reason of their
1090service in the Armed Forces of the United States.
1091     Section 26.  Section 295.02, Florida Statutes, is amended
1092to read:
1093     295.02  Use of funds; age, etc.--All sums appropriated and
1094expended under this chapter shall be used to pay tuition and
1095registration fees, board, and room rent and to buy books and
1096supplies for the children of deceased or disabled veterans or
1097service members, as defined and limited in s. 295.01, s.
1098295.016, s. 295.017, s. 295.018, or s. 295.0195, or of parents
1099classified as prisoners of war or missing in action, as defined
1100and limited in s. 295.015, who are between the ages of 16 and 22
1101years and who are in attendance at a state-supported institution
1102of higher learning, including a community college or career
1103center vocational-technical school. Any child having entered
1104upon a course of training or education under the provisions of
1105this chapter, consisting of a course of not more than 4 years,
1106and arriving at the age of 22 years before the completion of
1107such course may continue the course and receive all benefits of
1108the provisions of this chapter until the course is completed.
1109The Department of Education shall administer this educational
1110program subject to regulations of the department.
1111     Section 27.  Subsections (1) and (2) of section 295.125,
1112Florida Statutes, are amended to read:
1113     295.125  Preference for admission to career vocational
1115     (1)  It is the intent of the Legislature through enactment
1116of this section to assist returning veterans of the Southeast
1117Asian conflict to train themselves for a civilian future.
1118Although the provisions of this section apply only to state-
1119supported career center vocational-technical facilities and
1120programs, it is the further intent of the Legislature to
1121encourage privately supported career vocational-technical
1122schools and centers to join with the state in assisting our
1123returning veterans by providing preferences for them in
1124admission procedures and standards.
1125     (2)  In determining order of admission or acceptance for
1126students, every career vocational training center, vocational-
1127technical school, or career vocational program which receives
1128state funding or support shall give preference as provided in
1129subsection (3) to a person who served in the Armed Forces of the
1130United States at any time during the Vietnam Era, as defined in
1131s. 1.01(14), and who has been separated therefrom under
1132honorable conditions, if such person's enrollment is directly
1133related to his or her present employment or to his or her
1134securing employment.
1135     Section 28.  Paragraph (d) of subsection (3) of section
1136339.0805, Florida Statutes, is amended to read:
1137     339.0805  Funds to be expended with certified disadvantaged
1138business enterprises; specified percentage to be expended;
1139construction management development program; bond guarantee
1140program.--It is the policy of the state to meaningfully assist
1141socially and economically disadvantaged business enterprises
1142through a program that will provide for the development of
1143skills through construction and business management training, as
1144well as by providing contracting opportunities and financial
1145assistance in the form of bond guarantees, to primarily remedy
1146the effects of past economic disparity.
1147     (3)  The head of the department is authorized to expend up
1148to 6 percent of the funds specified in subsection (1) which are
1149designated to be expended on small business firms owned and
1150controlled by socially and economically disadvantaged
1151individuals to conduct, by contract or otherwise, a construction
1152management development program. Participation in the program
1153will be limited to those firms which are certified under the
1154provisions of subsection (1) by the department or the federal
1155Small Business Administration or to any firm which has annual
1156gross receipts not exceeding $2 million averaged over a 3-year
1157period. The program will consist of classroom instruction and
1158on-the-job instruction. To the extent feasible, the registration
1159fee shall be set to cover the cost of instruction and overhead.
1160No salary will be paid to any participant.
1161     (d)  The department shall develop, under contract with the
1162State University System, the community college system, a school
1163district in behalf of its career vocational-technical center, or
1164a private consulting firm, a curriculum for instruction in the
1165courses that will lead to a certification of proficiency in the
1166construction management development program.
1167     Section 29.  Subsection (7) of section 364.508, Florida
1168Statutes, is amended to read:
1169     364.508  Definitions.--As used in this part:
1170     (7)  "Eligible facilities" means all approved campuses and
1171instructional centers of all public universities, public
1172community colleges, career area technical centers, public
1173elementary schools, middle schools, and high schools, including
1174school administrative offices, public libraries, teaching
1175hospitals, the research institute described in s. 1004.43, and
1176rural public hospitals as defined in s. 395.602. If no rural
1177public hospital exists in a community, the public health clinic
1178which is responsible for individuals before they can be
1179transferred to a regional hospital shall be considered eligible.
1180     Section 30.  Section 376.0705, Florida Statutes, is amended
1181to read:
1182     376.0705  Development of training programs and educational
1183materials.--The department shall encourage the development of
1184training programs for personnel needed for pollutant discharge
1185prevention and cleanup activities. The department shall work
1186with accredited community colleges, career vocational-technical
1187centers, state universities, and private institutions in
1188developing educational materials, courses of study, and other
1189such information to be made available for persons seeking to be
1190trained for pollutant discharge prevention and cleanup
1192     Section 31.  Paragraph (k) of subsection (3) of section
1193380.0651, Florida Statutes, is amended to read:
1194     380.0651  Statewide guidelines and standards.--
1195     (3)  The following statewide guidelines and standards shall
1196be applied in the manner described in s. 380.06(2) to determine
1197whether the following developments shall be required to undergo
1198development-of-regional-impact review:
1199     (k)  Schools.--
1200     1.  The proposed construction of any public, private, or
1201proprietary postsecondary educational campus which provides for
1202a design population of more than 5,000 full-time equivalent
1203students, or the proposed physical expansion of any public,
1204private, or proprietary postsecondary educational campus having
1205such a design population that would increase the population by
1206at least 20 percent of the design population.
1207     2.  As used in this paragraph, "full-time equivalent
1208student" means enrollment for 15 or more quarter hours during a
1209single academic semester. In career centers technical schools or
1210other institutions which do not employ semester hours or quarter
1211hours in accounting for student participation, enrollment for 18
1212contact hours shall be considered equivalent to one quarter
1213hour, and enrollment for 27 contact hours shall be considered
1214equivalent to one semester hour.
1215     3.  This paragraph does not apply to institutions which are
1216the subject of a campus master plan adopted by the university
1217board of trustees pursuant to s. 1013.30.
1218     Section 32.  Paragraph (d) of subsection (2) of section
1219402.305, Florida Statutes, is amended to read:
1220     402.305  Licensing standards; child care facilities.--
1221     (2)  PERSONNEL.--Minimum standards for child care personnel
1222shall include minimum requirements as to:
1223     (d)  Minimum training requirements for child care
1225     1.  Such minimum standards for training shall ensure that
1226all child care personnel take an approved 40-clock-hour
1227introductory course in child care, which course covers at least
1228the following topic areas:
1229     a.  State and local rules and regulations which govern
1230child care.
1231     b.  Health, safety, and nutrition.
1232     c.  Identifying and reporting child abuse and neglect.
1233     d.  Child development, including typical and atypical
1234language, cognitive, motor, social, and self-help skills
1236     e.  Observation of developmental behaviors, including using
1237a checklist or other similar observation tools and techniques to
1238determine the child's developmental age level.
1239     f.  Specialized areas, including computer technology for
1240professional and classroom use and early literacy and language
1241development of children from birth to 5 years of age, as
1242determined by the department, for owner-operators and child care
1243personnel of a child care facility.
1245Within 90 days after employment, child care personnel shall
1246begin training to meet the training requirements. Child care
1247personnel shall successfully complete such training within 1
1248year after the date on which the training began, as evidenced by
1249passage of a competency examination. Successful completion of
1250the 40-clock-hour introductory course shall articulate into
1251community college credit in early childhood education, pursuant
1252to ss. 1007.24 and 1007.25. Exemption from all or a portion of
1253the required training shall be granted to child care personnel
1254based upon educational credentials or passage of competency
1255examinations. Child care personnel possessing a 2-year degree or
1256higher that includes 6 college credit hours in early childhood
1257development or child growth and development, or a child
1258development associate credential or an equivalent state-approved
1259child development associate credential, or a child development
1260associate waiver certificate shall be automatically exempted
1261from the training requirements in sub-subparagraphs b., d., and
1263     2.  The introductory course in child care shall stress, to
1264the extent possible, an interdisciplinary approach to the study
1265of children.
1266     3.  On an annual basis in order to further their child care
1267skills and, if appropriate, administrative skills, child care
1268personnel who have fulfilled the requirements for the child care
1269training shall be required to take an additional 1 continuing
1270education unit of approved inservice training, or 10 clock hours
1271of equivalent training, as determined by the department.
1272     4.  Child care personnel shall be required to complete 0.5
1273continuing education unit of approved training or 5 clock hours
1274of equivalent training, as determined by the department, in
1275early literacy and language development of children from birth
1276to 5 years of age one time. The year that this training is
1277completed, it shall fulfill the 0.5 continuing education unit or
12785 clock hours of the annual training required in subparagraph 3.
1279     5.  Procedures for ensuring the training of qualified child
1280care professionals to provide training of child care personnel,
1281including onsite training, shall be included in the minimum
1282standards. It is recommended that the state community child care
1283coordination agencies (central agencies) be contracted by the
1284department to coordinate such training when possible. Other
1285district educational resources, such as community colleges and
1286career vocational-technical programs, can be designated in such
1287areas where central agencies may not exist or are determined not
1288to have the capability to meet the coordination requirements set
1289forth by the department.
1290     6.  Training requirements shall not apply to certain
1291occasional or part-time support staff, including, but not
1292limited to, swimming instructors, piano teachers, dance
1293instructors, and gymnastics instructors.
1294     7.  The department shall evaluate or contract for an
1295evaluation for the general purpose of determining the status of
1296and means to improve staff training requirements and testing
1297procedures. The evaluation shall be conducted every 2 years. The
1298evaluation shall include, but not be limited to, determining the
1299availability, quality, scope, and sources of current staff
1300training; determining the need for specialty training; and
1301determining ways to increase inservice training and ways to
1302increase the accessibility, quality, and cost-effectiveness of
1303current and proposed staff training. The evaluation methodology
1304shall include a reliable and valid survey of child care
1306     8.  The child care operator shall be required to take basic
1307training in serving children with disabilities within 5 years
1308after employment, either as a part of the introductory training
1309or the annual 8 hours of inservice training.
1310     Section 33.  Subsections (3) and (4) of section 402.3051,
1311Florida Statutes, are amended to read:
1312     402.3051  Child care market rate reimbursement; child care
1314     (3)  The department may provide child care grants to
1315central agencies, community colleges, and career
1316vocational/technical programs for the purpose of providing
1317support and technical assistance to licensed child care
1319     (4)  The department may use the state community child care
1320coordination agencies (central agencies), community colleges,
1321and career vocational/technical programs to implement this
1323     Section 34.  Subsection (2) of section 403.716, Florida
1324Statutes, is amended to read:
1325     403.716  Training of operators of solid waste management
1326and other facilities.--
1327     (2)  The department shall work with accredited community
1328colleges, career vocational-technical centers, state
1329universities, and private institutions in developing educational
1330materials, courses of study, and other such information to be
1331made available for persons seeking to be trained as operators of
1332solid waste management facilities.
1333     Section 35.  Subsection (8) of section 414.0252, Florida
1334Statutes, is amended to read:
1335     414.0252  Definitions.--As used in ss. 414.025-414.55, the
1337     (8)  "Minor child" means a child under 18 years of age, or
1338under 19 years of age if the child is a full-time student in a
1339secondary school or at the equivalent level of career vocational
1340or technical training, and does not include anyone who is
1341married or divorced.
1342     Section 36.  Subsection (11) of section 420.0004, Florida
1343Statutes, is amended to read:
1344     420.0004  Definitions.--As used in this part, unless the
1345context otherwise indicates:
1346     (11)  "Student" means any person not living with his or her
1347parent or guardian who is eligible to be claimed by his or her
1348parent or guardian as a dependent under the federal income tax
1349code and who is enrolled on at least a half-time basis in a
1350secondary school, career vocational-technical center, community
1351college, college, or university.
1352     Section 37.  Subsection (5) of section 420.524, Florida
1353Statutes, is amended to read:
1354     420.524  Definitions relating to Predevelopment Loan
1355Program Act.--For the purpose of ss. 420.521-420.529, the term:
1356     (5)  "Student" means any person not living with that
1357person's parent or guardian who is eligible to be claimed by
1358that person's parent or guardian as a dependent under the
1359federal income tax code and who is enrolled on at least a half-
1360time basis in a secondary school, career vocational-technical
1361center, community college, college, or university. The term does
1362not include a person participating in an educational or training
1363program approved by the corporation.
1364     Section 38.  Subsection (11) of section 420.602, Florida
1365Statutes, is amended to read:
1366     420.602  Definitions.--As used in this part, the following
1367terms shall have the following meanings, unless the context
1368otherwise requires:
1369     (11)  "Student" means any person not living with his or her
1370parent or guardian who is eligible to be claimed by his or her
1371parent or guardian as a dependent under the federal income tax
1372code and who is enrolled on at least a half-time basis in a
1373secondary school, career vocational-technical center, community
1374college, college, or university.
1375     Section 39.  Paragraph (c) of subsection (1) of section
1376440.16, Florida Statutes, is amended to read:
1377     440.16  Compensation for death.--
1378     (1)  If death results from the accident within 1 year
1379thereafter or follows continuous disability and results from the
1380accident within 5 years thereafter, the employer shall pay:
1381     (c)  To the surviving spouse, payment of postsecondary
1382student fees for instruction at any career area technical center
1383established under s. 1001.44 for up to 1,800 classroom hours or
1384payment of student fees at any community college established
1385under part III of chapter 1004 for up to 80 semester hours. The
1386spouse of a deceased state employee shall be entitled to a full
1387waiver of such fees as provided in ss. 1009.22 and 1009.23 in
1388lieu of the payment of such fees. The benefits provided for in
1389this paragraph shall be in addition to other benefits provided
1390for in this section and shall terminate 7 years after the death
1391of the deceased employee, or when the total payment in eligible
1392compensation under paragraph(b) has been received.  To qualify
1393for the educational benefit under this paragraph, the spouse
1394shall be required to meet and maintain the regular admission
1395requirements of, and be registered at, such career area
1396technical center or community college, and make satisfactory
1397academic progress as defined by the educational institution in
1398which the student is enrolled.
1399     Section 40.  Subsection (4) of section 443.171, Florida
1400Statutes, is amended to read:
1401     443.171  Agency for Workforce Innovation and commission;
1402powers and duties; records and reports; proceedings; state-
1403federal cooperation.--
1404     (4)  EMPLOYMENT STABILIZATION.--The Agency for Workforce
1405Innovation, under the direction of Workforce Florida, Inc.,
1406shall take all appropriate steps to reduce and prevent
1407unemployment; to encourage and assist in the adoption of
1408practical methods of career vocational training, retraining, and
1409career vocational guidance; to investigate, recommend, advise,
1410and assist in the establishment and operation, by
1411municipalities, counties, school districts, and the state, of
1412reserves for public works to be used in times of business
1413depression and unemployment; to promote the reemployment of the
1414unemployed workers throughout the state in every other way that
1415may be feasible; to refer any claimant entitled to extended
1416benefits to suitable work which meets the criteria of this
1417chapter; and, to these ends, to carry on and publish the results
1418of investigations and research studies.
1419     Section 41.  Subsection (2) of section 445.003, Florida
1420Statutes, is amended to read:
1421     445.003  Implementation of the federal Workforce Investment
1422Act of 1998.--
1423     (2)  FIVE-YEAR PLAN.--Workforce Florida, Inc., shall
1424prepare and submit a 5-year plan, which includes secondary
1425career vocational education, to fulfill the early implementation
1426requirements of Pub. L. No. 105-220 and applicable state
1427statutes. Mandatory federal partners and optional federal
1428partners shall be fully involved in designing the plan's one-
1429stop delivery system strategy. The plan shall detail a process
1430to clearly define each program's statewide duties and role
1431relating to the system. Any optional federal partner may
1432immediately choose to fully integrate its program's plan with
1433this plan, which shall, notwithstanding any other state
1434provisions, fulfill all their state planning and reporting
1435requirements as they relate to the one-stop delivery system. The
1436plan shall detail a process that would fully integrate all
1437federally mandated and optional partners by the second year of
1438the plan. All optional federal program partners in the planning
1439process shall be mandatory participants in the second year of
1440the plan.
1441     Section 42.  Paragraphs (b) and (d) of subsection (6) of
1442section 445.004, Florida Statutes, are amended to read:
1443     445.004  Workforce Florida, Inc.; creation; purpose;
1444membership; duties and powers.--
1445     (6)  Workforce Florida, Inc., may take action that it deems
1446necessary to achieve the purposes of this section, including,
1447but not limited to:
1448     (b)  Establishing policy direction for a funding system
1449that provides incentives to improve the outcomes of career
1450vocational education programs, and of registered apprenticeship
1451and work-based learning programs, and that focuses resources on
1452occupations related to new or emerging industries that add
1453greatly to the value of the state's economy.
1454     (d)  Designating Institutes of Applied Technology composed
1455of public and private postsecondary institutions working
1456together with business and industry to ensure that career
1457technical and vocational education programs use the most
1458advanced technology and instructional methods available and
1459respond to the changing needs of business and industry.
1460     Section 43.  Paragraph (f) of subsection (8) of section
1461445.009, Florida Statutes, is amended to read:
1462     445.009  One-stop delivery system.--
1463     (8)
1464     (f)  The accountability measures to be used in documenting
1465competencies acquired by the participant during training shall
1466be literacy completion points and occupational completion
1467points. Literacy completion points refers to the academic or
1468workforce readiness competencies that qualify a person for
1469further basic education, career vocational education, or for
1470employment. Occupational completion points refers to the career
1471vocational competencies that qualify a person to enter an
1472occupation that is linked to a career vocational program.
1473     Section 44.  Subsections (5) and (9) of section 445.012,
1474Florida Statutes, are amended to read:
1475     445.012  Careers for Florida's Future Incentive Grant
1477     (5)  A recipient who is pursuing a baccalaureate degree
1478shall receive $100 for each lower-division credit hour in which
1479the student is enrolled at an eligible college or university, up
1480to a maximum of $1,500 per semester, and $200 for each upper-
1481division credit hour in which the student is enrolled at an
1482eligible college or university, up to a maximum of $3,000 per
1483semester. For purposes of this section, a student is pursuing a
1484baccalaureate degree if he or she is in a program that
1485articulates into a baccalaureate degree program by agreement of
1486the Articulation Coordinating Committee. A student in an applied
1487technology diploma program, a certificate career education
1488program, or a degree career education program that does not
1489articulate into a baccalaureate degree program shall receive $2
1490for each career vocational contact hour, or the equivalent, for
1491certificate programs, or $60 for each credit hour, or the
1492equivalent, for degree career education programs and applied
1493technology programs for which the student is enrolled at an
1494eligible college, career technical center, or nonpublic career
1495education school.
1496     (9)  Funds may not be used to pay for remedial, college-
1497preparatory, or career-preparatory vocational-preparatory
1499     Section 45.  Subsection (1) of section 445.0123, Florida
1500Statutes, is amended to read:
1501     445.0123  Eligible postsecondary education institutions.--A
1502student is eligible for an award or the renewal of an award from
1503the Careers for Florida's Future Incentive Grant Program if the
1504student meets the requirements for the program as described in
1505ss. 445.012-445.0125 and is enrolled in a postsecondary
1506education institution that meets the description of any one of
1507the following:
1508     (1)  A public university, community college, or career
1509technical center in this state.
1510     Section 46.  Paragraph (g) of subsection (1) of section
1511445.024, Florida Statutes, is amended to read:
1512     445.024  Work requirements.--
1513     (1)  WORK ACTIVITIES.--The following activities may be used
1514individually or in combination to satisfy the work requirements
1515for a participant in the temporary cash assistance program:
1516     (g)  Career Vocational education or training.--Career
1517Vocational education or training is education or training
1518designed to provide participants with the skills and
1519certification necessary for employment in an occupational area.
1520Career Vocational education or training may be used as a primary
1521program activity for participants when it has been determined
1522that the individual has demonstrated compliance with other
1523phases of program participation and successful completion of the
1524career vocational education or training is likely to result in
1525employment entry at a higher wage than the participant would
1526have been likely to attain without completion of the career
1527vocational education or training. Career Vocational education or
1528training may be combined with other program activities and also
1529may be used to upgrade skills or prepare for a higher paying
1530occupational area for a participant who is employed.
1531     1.  Unless otherwise provided in this section, career
1532vocational education shall not be used as the primary program
1533activity for a period which exceeds 12 months. The 12-month
1534restriction applies to instruction in a career education program
1535and does not include remediation of basic skills, including
1536English language proficiency, if remediation is necessary to
1537enable a participant to benefit from a career education program.
1538Any necessary remediation must be completed before a participant
1539is referred to career vocational education as the primary work
1540activity. In addition, use of career vocational education or
1541training shall be restricted to the limitation established in
1542federal law. Career Vocational education included in a program
1543leading to a high school diploma shall not be considered career
1544vocational education for purposes of this section.
1545     2.  When possible, a provider of career vocational
1546education or training shall use funds provided by funding
1547sources other than the regional workforce board. The regional
1548workforce board may provide additional funds to a career
1549vocational education or training provider only if payment is
1550made pursuant to a performance-based contract. Under a
1551performance-based contract, the provider may be partially paid
1552when a participant completes education or training, but the
1553majority of payment shall be made following the participant's
1554employment at a specific wage or job retention for a specific
1555duration. Performance-based payments made under this
1556subparagraph are limited to education or training for targeted
1557occupations identified by the Workforce Estimating Conference
1558under s. 216.136, or other programs identified by Workforce
1559Florida, Inc., as beneficial to meet the needs of designated
1560groups who are hard to place. If the contract pays the full cost
1561of training, the community college or school district may not
1562report the participants for other state funding.
1563     Section 47.  Paragraph (i) of subsection (7) of section
1564445.049, Florida Statutes, is amended to read:
1565     445.049  Digital Divide Council.--
1566     (7)  PROGRAM OBJECTIVES AND GOALS.--The programs authorized
1567by this section shall have the following objectives and goals:
1568     (i)  Using information technology to enable members of at-
1569risk families who are no longer enrolled in K-12 schools to
1570obtain the education needed to achieve successful completion of
1571general education development test preparation to earn a high
1572school diploma, an applied technology diploma, a career
1573vocational certificate, an associate of arts degree, or a
1574baccalaureate degree.
1575     Section 48.  Subsection (1) of section 446.011, Florida
1576Statutes, is amended to read:
1577     446.011  Legislative intent regarding apprenticeship
1579     (1)  It is the intent of the State of Florida to provide
1580educational opportunities for its young people so that they can
1581be trained for trades, occupations, and professions suited to
1582their abilities. It is the intent of this act to promote the
1583mode of training known as apprenticeship in occupations
1584throughout industry in the state that require physical
1585manipulative skills. By broadening job training opportunities
1586and providing for increased coordination between public school
1587academic programs, career vocational programs, and registered
1588apprenticeship programs, the young people of the state will
1589benefit from the valuable training opportunities developed when
1590on-the-job training is combined with academic-related classroom
1591experiences. This act is intended to develop the apparent
1592potentials in apprenticeship training by assisting in the
1593establishment of preapprenticeship programs in the public school
1594system and elsewhere and by expanding presently registered
1595programs as well as promoting new registered programs in jobs
1596that lend themselves to apprenticeship training.
1597     Section 49.  Subsection (2) of section 446.052, Florida
1598Statutes, is amended to read:
1599     446.052  Preapprenticeship program.--
1600     (2)  The Division of Workforce Development of the
1601Department of Education, under regulations established by the
1602State Board of Education, is authorized to administer the
1603provisions of ss. 446.011-446.092 that relate to
1604preapprenticeship programs in cooperation with district school
1605boards and community college district boards of trustees.
1606District school boards, community college district boards of
1607trustees, and registered program sponsors shall cooperate in
1608developing and establishing programs that include career
1609vocational instruction and general education courses required to
1610obtain a high school diploma.
1611     Section 50.  Subsection (5) of section 446.22, Florida
1612Statutes, is amended to read:
1613     446.22  Definitions.--As used in this act, the following
1614words and phrases shall have the meanings set forth herein,
1615except where the context otherwise requires:
1616     (5)  "Educational facility" means any secondary school,
1617community college, university, or career center vocational
1618school participating in the program.
1619     Section 51.  Paragraph (a) of subsection (2), paragraph (a)
1620of subsection (3), and paragraph (a) of subsection (4) of
1621section 475.17, Florida Statutes, are amended to read:
1622     475.17  Qualifications for practice.--
1623     (2)(a)1.  In addition to other requirements under this
1624part, the commission may require the satisfactory completion of
1625one or more of the educational courses or equivalent courses
1626conducted, offered, sponsored, prescribed, or approved pursuant
1627to s. 475.04, taken at an accredited college, university, or
1628community college, at a career an area technical center, or at a
1629registered real estate school, as a condition precedent for any
1630person to become licensed or to renew her or his license as a
1631broker, broker associate, or sales associate. The course or
1632courses required for one to become initially licensed shall not
1633exceed a total of 63 classroom hours of 50 minutes each,
1634inclusive of examination, for a sales associate and 72 classroom
1635hours of 50 minutes each, inclusive of examination, for a
1636broker. The satisfactory completion of an examination
1637administered by the accredited college, university, or community
1638college, by a career the area technical center, or by the
1639registered real estate school shall be the basis for determining
1640satisfactory completion of the course. However, notice of
1641satisfactory completion shall not be issued if the student has
1642absences in excess of 8 classroom hours.
1643     2.  A distance learning course or courses shall be approved
1644by the commission as an option to classroom hours as
1645satisfactory completion of the course or courses as required by
1646this section. The schools authorized by this section have the
1647option of providing classroom courses, distance learning
1648courses, or both. However, satisfactory completion of a distance
1649learning course requires the satisfactory completion of a timed
1650distance learning course examination. Such examination shall not
1651be required to be monitored or given at a centralized location.
1652     3.  Such required course or courses must be made available
1653by correspondence or other suitable means to any person who, by
1654reason of hardship, as defined by rule, cannot attend the place
1655or places where the course or courses are regularly conducted or
1656does not have access to the distance learning course or courses.
1657     (3)(a)  The commission may prescribe a postlicensure
1658education requirement in order for a person to maintain a valid
1659sales associate's license, which shall not exceed 45 classroom
1660hours of 50 minutes each, inclusive of examination, prior to the
1661first renewal following initial licensure. If prescribed, this
1662shall consist of one or more commission-approved courses which
1663total at least 45 classroom hours on one or more subjects which
1664include, but are not limited to, property management, appraisal,
1665real estate finance, the economics of real estate management,
1666marketing, technology, sales and listing of properties, business
1667office management, courses teaching practical real estate
1668application skills, development of business plans, marketing of
1669property, and time management. Required postlicensure education
1670courses must be provided by an accredited college, university,
1671or community college, by a career an area technical center, by a
1672registered real estate school, or by a commission-approved
1674     (4)(a)  The commission may prescribe a postlicensure
1675education requirement in order for a person to maintain a valid
1676broker's license, which shall not exceed 60 classroom hours of
167750 minutes each, inclusive of examination, prior to the first
1678renewal following initial licensure. If prescribed, this shall
1679consist of one or more commission-approved courses which total
1680at least 60 classroom hours on one or more subjects which
1681include, but are not limited to, advanced appraisal, advanced
1682property management, real estate marketing, business law,
1683advanced real estate investment analyses, advanced legal
1684aspects, general accounting, real estate economics,
1685syndications, commercial brokerage, feasibility analyses,
1686advanced real estate finance, residential brokerage, advanced
1687marketing, technology, advanced business planning, time
1688management, or real estate brokerage office operations. Required
1689postlicensure education courses must be provided by an
1690accredited college, university, or community college, by a
1691career an area technical center, by a registered real estate
1692school, or by a commission-approved sponsor.
1693     Section 52.  Subsection (1) and paragraph (c) of subsection
1694(2) of section 475.451, Florida Statutes, are amended to read:
1695     475.451  Schools teaching real estate practice.--
1696     (1)  Each person, school, or institution, except approved
1697and accredited colleges, universities, community colleges, and
1698career area technical centers in this state, which offers or
1699conducts any course of study in real estate practice, teaches
1700any course prescribed by the commission as a condition precedent
1701to licensure or renewal of licensure as a broker or sales
1702associate, or teaches any course designed or represented to
1703enable or assist applicants for licensure as brokers or sales
1704associates to pass examinations for such licensure shall, before
1705commencing or continuing further to offer or conduct such course
1706or courses, obtain a permit from the department and abide by the
1707regulations imposed upon such person, school, or institution by
1708this chapter and rules of the commission adopted pursuant to
1709this chapter. The exemption for colleges, universities,
1710community colleges, and career area technical centers is limited
1711to transferable college credit courses offered by such
1713     (2)  An applicant for a permit to operate a proprietary
1714real estate school, to be a chief administrator of a proprietary
1715real estate school or a state institution, or to be an
1716instructor for a proprietary real estate school or a state
1717institution must meet the qualifications for practice set forth
1718in s. 475.17(1) and the following minimal requirements:
1719     (c)  "School instructor" means an individual who instructs
1720persons in the classroom in noncredit college courses in a
1721college, university, or community college or courses in a career
1722an area technical center or proprietary real estate school.
1723     1.  Before commencing to provide such instruction, the
1724applicant must certify the applicant's competency and obtain an
1725instructor permit by meeting one of the following requirements:
1726     a.  Hold a bachelor's degree in a business-related subject,
1727such as real estate, finance, accounting, business
1728administration, or its equivalent and hold a valid broker's
1729license in this state.
1730     b.  Hold a bachelor's degree, have extensive real estate
1731experience, as defined by rule, and hold a valid broker's
1732license in this state.
1733     c.  Pass an instructor's examination approved by the
1735     2.  Any requirement by the commission for a teaching
1736demonstration or practical examination must apply to all school
1737instructor applicants.
1738     3.  The department shall renew an instructor permit upon
1739receipt of a renewal application and fee. The renewal
1740application shall include proof that the permitholder has, since
1741the issuance or renewal of the current permit, successfully
1742completed a minimum of 7 classroom hours of instruction in real
1743estate subjects or instructional techniques, as prescribed by
1744the commission. The commission shall adopt rules providing for
1745the renewal of instructor permits at least every 2 years. Any
1746permit which is not renewed at the end of the permit period
1747established by the department shall automatically revert to
1748involuntarily inactive status.
1750The department may require an applicant to submit names of
1751persons having knowledge concerning the applicant and the
1752enterprise; may propound interrogatories to such persons and to
1753the applicant concerning the character of the applicant,
1754including the taking of fingerprints for processing through the
1755Federal Bureau of Investigation; and shall make such
1756investigation of the applicant or the school or institution as
1757it may deem necessary to the granting of the permit. If an
1758objection is filed, it shall be considered in the same manner as
1759objections or administrative complaints against other applicants
1760for licensure by the department.
1761     Section 53.  Subsection (1), paragraph (b) of subsection
1762(2), paragraph (b) of subsection (3), and paragraph (b) of
1763subsection (4) of section 475.617, Florida Statutes, are amended
1764to read:
1765     475.617  Education and experience requirements.--
1766     (1)  To be registered as a trainee appraiser, an applicant
1767must present evidence satisfactory to the board that she or he
1768has successfully completed at least 75 hours of approved
1769academic courses in subjects related to real estate appraisal,
1770which shall include coverage of the Uniform Standards of
1771Professional Appraisal Practice from a nationally recognized or
1772state-recognized appraisal organization, career area technical
1773center, accredited community college, college, or university,
1774state or federal agency or commission, or proprietary real
1775estate school that holds a permit pursuant to s. 475.451. The
1776board may increase the required number of hours to not more than
1777100 hours. A classroom hour is defined as 50 minutes out of each
177860-minute segment. Past courses may be approved on an hour-for-
1779hour basis.
1780     (2)  To be licensed as an appraiser, an applicant must
1781present evidence satisfactory to the board that she or he:
1782     (b)  Has successfully completed at least 90 classroom
1783hours, inclusive of examination, of approved academic courses in
1784subjects related to real estate appraisal, which shall include
1785coverage of the Uniform Standards of Professional Appraisal
1786Practice from a nationally recognized or state-recognized
1787appraisal organization, career area technical center, accredited
1788community college, college, or university, state or federal
1789agency or commission, or proprietary real estate school that
1790holds a permit pursuant to s. 475.451. The board may increase
1791the required number of hours to not more than 120 hours. A
1792classroom hour is defined as 50 minutes out of each 60-minute
1793segment. Past courses may be approved by the board and
1794substituted on an hour-for-hour basis.
1795     (3)  To be certified as a residential appraiser, an
1796applicant must present satisfactory evidence to the board that
1797she or he:
1798     (b)  Has successfully completed at least 120 classroom
1799hours, inclusive of examination, of approved academic courses in
1800subjects related to real estate appraisal, which shall include
1801coverage of the Uniform Standards of Professional Appraisal
1802Practice from a nationally recognized or state-recognized
1803appraisal organization, career area technical center, accredited
1804community college, college, or university, state or federal
1805agency or commission, or proprietary real estate school that
1806holds a permit pursuant to s. 475.451. The board may increase
1807the required number of hours to not more than 165 hours. A
1808classroom hour is defined as 50 minutes out of each 60-minute
1809segment. Past courses may be approved by the board and
1810substituted on an hour-for-hour basis.
1811     (4)  To be certified as a general appraiser, an applicant
1812must present evidence satisfactory to the board that she or he:
1813     (b)  Has successfully completed at least 180 classroom
1814hours, inclusive of examination, of approved academic courses in
1815subjects related to real estate appraisal, which shall include
1816coverage of the Uniform Standards of Professional Appraisal
1817Practice from a nationally recognized or state-recognized
1818appraisal organization, career area technical center, accredited
1819community college, college, or university, state or federal
1820agency or commission, or proprietary real estate school that
1821holds a permit pursuant to s. 475.451. The board may increase
1822the required number of hours to not more than 225 hours. A
1823classroom hour is defined as 50 minutes out of each 60-minute
1824segment. Past courses may be approved by the board and
1825substituted on an hour-for-hour basis.
1826     Section 54.  Subsection (1) of section 475.6175, Florida
1827Statutes, is amended to read:
1828     475.6175  Registered trainee appraiser; postlicensure
1829education required.--
1830     (1)  The board shall prescribe postlicensure educational
1831requirements in order for a person to maintain a valid
1832registration as a registered trainee appraiser. If prescribed,
1833the postlicensure educational requirements consist of one or
1834more courses which total no more than the total educational
1835hours required to qualify as a state certified residential
1836appraiser. Such courses must be in subjects related to real
1837estate appraisal and shall include coverage of the Uniform
1838Standards of Professional Appraisal Practice. Such courses are
1839provided by a nationally or state-recognized appraisal
1840organization, career area technical center, accredited community
1841college, college, or university, state or federal agency or
1842commission, or proprietary real estate school that holds a
1843permit pursuant to s. 475.451.
1844     Section 55.  Paragraph (c) of subsection (1) of section
1845475.618, Florida Statutes, is amended to read:
1846     475.618  Renewal of registration, license, certification,
1847or instructor permit; continuing education.--
1848     (1)
1849     (c)  The board may authorize independent certification
1850organizations to certify or approve the delivery method of
1851distance learning courses. Certification from such authorized
1852organizations must be provided at the time a distance learning
1853course is submitted to the board by an accredited college,
1854university, community college, career area technical center,
1855proprietary real estate school, or board-approved sponsor for
1856content approval.
1857     Section 56.  Subsections (1) and (2) of section 475.627,
1858Florida Statutes, are amended to read:
1859     475.627  Appraisal course instructors.--
1860     (1)  Where the course or courses to be taught are
1861prescribed by the board or approved precedent to registration,
1862licensure, certification, or renewal as a registered trainee
1863appraiser, licensed appraiser, or certified residential
1864appraiser, before commencing to instruct noncredit college
1865courses in a college, university, or community college, or
1866courses in a career an area technical center or proprietary real
1867estate school, a person must certify her or his competency by
1868meeting one of the following requirements:
1869     (a)  Hold a valid certification as a residential real
1870estate appraiser in this or any other state.
1871     (b)  Pass an appraiser instructor's examination which shall
1872test knowledge of residential appraisal topics.
1873     (2)  Where the course or courses to be taught are
1874prescribed by the board or approved precedent to registration,
1875licensure, certification, or renewal as a registered trainee
1876appraiser, licensed appraiser, or certified appraiser, before
1877commencing to instruct noncredit college courses in a college,
1878university, or community college, or courses in a career an area
1879technical center or proprietary real estate school, a person
1880must certify her or his competency by meeting one of the
1881following requirements:
1882     (a)  Hold a valid certification as a general real estate
1883appraiser in this or any other state.
1884     (b)  Pass an appraiser instructor's examination which shall
1885test knowledge of residential and nonresidential appraisal
1887     Section 57.  Subsection (1) of section 494.0029, Florida
1888Statutes, is amended to read:
1889     494.0029  Mortgage business schools.--
1890     (1)  Each person, school, or institution, except accredited
1891colleges, universities, community colleges, and career area
1892technical centers in this state, which offers or conducts
1893mortgage business training as a condition precedent to licensure
1894as a mortgage broker or lender or a correspondent mortgage
1895lender shall obtain a permit from the office and abide by the
1896regulations imposed upon such person, school, or institution by
1897this chapter and rules adopted pursuant to this chapter. The
1898commission shall, by rule, recertify the permits annually with
1899initial and renewal permit fees that do not exceed $500 plus the
1900cost of accreditation.
1901     Section 58.  Paragraph (a) of subsection (2) of section
1902509.302, Florida Statutes, is amended to read:
1903     509.302  Director of education, personnel, employment
1904duties, compensation.--
1905     (2)  The director of education shall develop and implement
1906an educational program, designated the "Hospitality Education
1907Program," offered for the benefit of the entire industry. This
1908program may affiliate with Florida State University, Florida
1909International University, and the University of Central Florida.
1910The program may also affiliate with any other member of the
1911State University System or Florida Community College System, or
1912with any privately funded college or university, which offers a
1913program of hospitality administration and management. The
1914primary goal of this program is to instruct and train all
1915individuals and businesses licensed under this chapter, in
1916cooperation with recognized associations that represent the
1917licensees, in the application of state and federal laws and
1918rules. Such programs shall also include:
1919     (a)  Career Vocational training.
1920     Section 59.  Subsection (4) of section 553.841, Florida
1921Statutes, is amended to read:
1922     553.841  Building code training program; participant
1923competency requirements.--
1924     (4)  The commission may enter into contracts with the
1925Department of Education, the State University System, the
1926Division of Community Colleges, model code organizations,
1927professional organizations, career centers vocational-technical
1928schools, trade organizations, and private industry to administer
1929the program.
1930     Section 60.  Subsection (12) of section 790.06, Florida
1931Statutes, is amended to read:
1932     790.06  License to carry concealed weapon or firearm.--
1933     (12)  No license issued pursuant to this section shall
1934authorize any person to carry a concealed weapon or firearm into
1935any place of nuisance as defined in s. 823.05; any police,
1936sheriff, or highway patrol station; any detention facility,
1937prison, or jail; any courthouse; any courtroom, except that
1938nothing in this section would preclude a judge from carrying a
1939concealed weapon or determining who will carry a concealed
1940weapon in his or her courtroom; any polling place; any meeting
1941of the governing body of a county, public school district,
1942municipality, or special district; any meeting of the
1943Legislature or a committee thereof; any school, college, or
1944professional athletic event not related to firearms; any school
1945administration building; any portion of an establishment
1946licensed to dispense alcoholic beverages for consumption on the
1947premises, which portion of the establishment is primarily
1948devoted to such purpose; any elementary or secondary school
1949facility; any career area technical center; any college or
1950university facility unless the licensee is a registered student,
1951employee, or faculty member of such college or university and
1952the weapon is a stun gun or nonlethal electric weapon or device
1953designed solely for defensive purposes and the weapon does not
1954fire a dart or projectile; inside the passenger terminal and
1955sterile area of any airport, provided that no person shall be
1956prohibited from carrying any legal firearm into the terminal,
1957which firearm is encased for shipment for purposes of checking
1958such firearm as baggage to be lawfully transported on any
1959aircraft; or any place where the carrying of firearms is
1960prohibited by federal law. Any person who willfully violates any
1961provision of this subsection commits a misdemeanor of the second
1962degree, punishable as provided in s. 775.082 or s. 775.083.
1963     Section 61.  Section 790.115, Florida Statutes, is amended
1964to read:
1965     790.115  Possessing or discharging weapons or firearms at a
1966school-sponsored event or on school property prohibited;
1967penalties; exceptions.--
1968     (1)  A person who exhibits any sword, sword cane, firearm,
1969electric weapon or device, destructive device, or other weapon,
1970including a razor blade, box cutter, or knife, except as
1971authorized in support of school-sanctioned activities, in the
1972presence of one or more persons in a rude, careless, angry, or
1973threatening manner and not in lawful self-defense, at a school-
1974sponsored event or on the grounds or facilities of any school,
1975school bus, or school bus stop, or within 1,000 feet of the real
1976property that comprises a public or private elementary school,
1977middle school, or secondary school, during school hours or
1978during the time of a sanctioned school activity, commits a
1979felony of the third degree, punishable as provided in s.
1980775.082, s. 775.083, or s. 775.084. This subsection does not
1981apply to the exhibition of a firearm or weapon on private real
1982property within 1,000 feet of a school by the owner of such
1983property or by a person whose presence on such property has been
1984authorized, licensed, or invited by the owner.
1985     (2)(a)  A person shall not possess any firearm, electric
1986weapon or device, destructive device, or other weapon, including
1987a razor blade, box cutter, or knife, except as authorized in
1988support of school-sanctioned activities, at a school-sponsored
1989event or on the property of any school, school bus, or school
1990bus stop; however, a person may carry a firearm:
1991     1.  In a case to a firearms program, class or function
1992which has been approved in advance by the principal or chief
1993administrative officer of the school as a program or class to
1994which firearms could be carried;
1995     2.  In a case to a career center vocational school having a
1996firearms training range; or
1997     3.  In a vehicle pursuant to s. 790.25(5); except that
1998school districts may adopt written and published policies that
1999waive the exception in this subparagraph for purposes of student
2000and campus parking privileges.
2002For the purposes of this section, "school" means any preschool,
2003elementary school, middle school, junior high school, secondary
2004school, career center vocational school, or postsecondary
2005school, whether public or nonpublic.
2006     (b)  A person who willfully and knowingly possesses any
2007electric weapon or device, destructive device, or other weapon,
2008including a razor blade, box cutter, or knife, except as
2009authorized in support of school-sanctioned activities, in
2010violation of this subsection commits a felony of the third
2011degree, punishable as provided in s. 775.082, s. 775.083, or s.
2013     (c)1.  A person who willfully and knowingly possesses any
2014firearm in violation of this subsection commits a felony of the
2015third degree, punishable as provided in s. 775.082, s. 775.083,
2016or s. 775.084.
2017     2.  A person who stores or leaves a loaded firearm within
2018the reach or easy access of a minor who obtains the firearm and
2019commits a violation of subparagraph 1. commits a misdemeanor of
2020the second degree, punishable as provided in s. 775.082 or s.
2021775.083; except that this does not apply if the firearm was
2022stored or left in a securely locked box or container or in a
2023location which a reasonable person would have believed to be
2024secure, or was securely locked with a firearm-mounted push-
2025button combination lock or a trigger lock; if the minor obtains
2026the firearm as a result of an unlawful entry by any person; or
2027to members of the Armed Forces, National Guard, or State
2028Militia, or to police or other law enforcement officers, with
2029respect to firearm possession by a minor which occurs during or
2030incidental to the performance of their official duties.
2031     (d)  A person who discharges any weapon or firearm while in
2032violation of paragraph (a), unless discharged for lawful defense
2033of himself or herself or another or for a lawful purpose,
2034commits a felony of the second degree, punishable as provided in
2035s. 775.082, s. 775.083, or s. 775.084.
2036     (e)  The penalties of this subsection shall not apply to
2037persons licensed under s. 790.06. Persons licensed under s.
2038790.06 shall be punished as provided in s. 790.06(12), except
2039that a licenseholder who unlawfully discharges a weapon or
2040firearm on school property as prohibited by this subsection
2041commits a felony of the second degree, punishable as provided in
2042s. 775.082, s. 775.083, or s. 775.084.
2043     (3)  This section does not apply to any law enforcement
2044officer as defined in s. 943.10(1), (2), (3), (4), (6), (7),
2045(8), (9), or (14).
2046     (4)  Notwithstanding s. 985.213, s. 985.214, or s.
2047985.215(1), any minor under 18 years of age who is charged under
2048this section with possessing or discharging a firearm on school
2049property shall be detained in secure detention, unless the state
2050attorney authorizes the release of the minor, and shall be given
2051a probable cause hearing within 24 hours after being taken into
2052custody. At the hearing, the court may order that the minor
2053continue to be held in secure detention for a period of 21 days,
2054during which time the minor shall receive medical, psychiatric,
2055psychological, or substance abuse examinations pursuant to s.
2056985.224, and a written report shall be completed.
2057     Section 62.  Section 810.095, Florida Statutes, is amended
2058to read:
2059     810.095  Trespass on school property with firearm or other
2060weapon prohibited.--
2061     (1)  It is a felony of the third degree, punishable as
2062provided in s. 775.082, s. 775.083, or s. 775.084, for a person
2063who is trespassing upon school property to bring onto, or to
2064possess on, such school property, any weapon or firearm.
2065     (2)  As used in this section, "school property" means the
2066grounds or facility of any kindergarten, elementary school,
2067middle school, junior high school, secondary school, career
2068center vocational school, or postsecondary school, whether
2069public or nonpublic.
2070     Section 63.  Paragraph (b) of subsection (6) of section
2071943.14, Florida Statutes, is amended to read:
2072     943.14  Commission-certified criminal justice training
2073schools; certificates and diplomas; exemptions; injunctive
2074relief; fines.--
2075     (6)
2076     (b)  All other criminal justice sciences or administration
2077courses or subjects which are a part of the curriculum of any
2078accredited college, university, community college, or career
2079vocational-technical center of this state, and all full-time
2080instructors of such institutions, are exempt from the provisions
2081of subsections (1)-(5).
2082     Section 64.  Paragraph (c) of subsection (11) of section
2083948.015, Florida Statutes, is amended to read:
2084     948.015  Presentence investigation reports.--The circuit
2085court, when the defendant in a criminal case has been found
2086guilty or has entered a plea of nolo contendere or guilty and
2087has a lowest permissible sentence under the Criminal Punishment
2088Code of any nonstate prison sanction, may refer the case to the
2089department for investigation or recommendation.  Upon such
2090referral, the department shall make the following report in
2091writing at a time specified by the court prior to sentencing.
2092The full report shall include:
2093     (11)  Information about any resources available to assist
2094the offender, such as:
2095     (c)  Career Vocational training programs.
2096     Section 65.  Paragraph (b) of subsection (3) of section
2097948.09, Florida Statutes, is amended to read:
2098     948.09  Payment for cost of supervision and
2100     (3)  Any failure to pay contribution as required under this
2101section may constitute a ground for the revocation of probation
2102by the court, the revocation of parole or conditional release by
2103the Parole Commission, the revocation of control release by the
2104Control Release Authority, or removal from the pretrial
2105intervention program by the state attorney.  The Department of
2106Corrections may exempt a person from the payment of all or any
2107part of the contribution if it finds any of the following
2108factors to exist:
2109     (b)  The offender is a student in a school, college,
2110university, or course of career vocational or technical training
2111designed to fit the student for gainful employment.
2112Certification of such student status shall be supplied to the
2113Secretary of Corrections by the educational institution in which
2114the offender is enrolled.
2115     Section 66.  Subsection (1) of section 958.12, Florida
2116Statutes, is amended to read:
2117     958.12  Participation in certain activities required.--
2118     (1)  A youthful offender shall be required to participate
2119in work assignments, and in career vocational, academic,
2120counseling, and other rehabilitative programs in accordance with
2121this section, including, but not limited to:
2122     (a)  All youthful offenders may be required, as
2123appropriate, to participate in:
2124     1.  Reception and orientation.
2125     2.  Evaluation, needs assessment, and classification.
2126     3.  Educational programs.
2127     4.  Career Vocational and job training.
2128     5.  Life and socialization skills training, including
2129anger/aggression control.
2130     6.  Prerelease orientation and planning.
2131     7.  Appropriate transition services.
2132     (b)  In addition to the requirements in paragraph (a), the
2133department shall make available:
2134     1.  Religious services and counseling.
2135     2.  Social services.
2136     3.  Substance abuse treatment and counseling.
2137     4.  Psychological and psychiatric services.
2138     5.  Library services.
2139     6.  Medical and dental health care.
2140     7.  Athletic, recreational, and leisure time activities.
2141     8.  Mail and visiting privileges.
2143Income derived by a youthful offender from participation in such
2144activities may be used, in part, to defray a portion of the
2145costs of his or her incarceration or supervision; to satisfy
2146preexisting obligations; to pay fines, counseling fees, or other
2147costs lawfully imposed; or to pay restitution to the victim of
2148the crime for which the youthful offender has been convicted in
2149an amount determined by the sentencing court. Any such income
2150not used for such reasons or not used as provided in s. 946.513
2151or s. 958.09 shall be placed in a bank account for use by the
2152youthful offender upon his or her release.
2153     Section 67.  Subsections (29) and (43) of section 985.03,
2154Florida Statutes, are amended to read:
2155     985.03  Definitions.--When used in this chapter, the term:
2156     (29)  "Juvenile justice continuum" includes, but is not
2157limited to, delinquency prevention programs and services
2158designed for the purpose of preventing or reducing delinquent
2159acts, including criminal activity by youth gangs, and juvenile
2160arrests, as well as programs and services targeted at children
2161who have committed delinquent acts, and children who have
2162previously been committed to residential treatment programs for
2163delinquents. The term includes children-in-need-of-services and
2164families-in-need-of-services programs; conditional release;
2165substance abuse and mental health programs; educational and
2166career vocational programs; recreational programs; community
2167services programs; community service work programs; and
2168alternative dispute resolution programs serving children at risk
2169of delinquency and their families, whether offered or delivered
2170by state or local governmental entities, public or private for-
2171profit or not-for-profit organizations, or religious or
2172charitable organizations.
2173     (43)  "Probation" means the legal status of probation
2174created by law and court order in cases involving a child who
2175has been found to have committed a delinquent act. Probation is
2176an individualized program in which the freedom of the child is
2177limited and the child is restricted to noninstitutional quarters
2178or restricted to the child's home in lieu of commitment to the
2179custody of the Department of Juvenile Justice.  Youth on
2180probation may be assessed and classified for placement in day-
2181treatment probation programs designed for youth who represent a
2182minimum risk to themselves and public safety and do not require
2183placement and services in a residential setting. Program types
2184in this more intensive and structured day-treatment probation
2185option include career vocational programs, marine programs,
2186juvenile justice alternative schools, training and
2187rehabilitation programs, and gender-specific programs.
2188     Section 68.  Paragraphs (a) and (b) of subsection (1),
2189paragraph (a) of subsection (2), subsection (3), and paragraphs
2190(a), (b), and (d) of subsection (4) of section 985.315, Florida
2191Statutes, are amended to read:
2192     985.315  Educational Educational/technical and career-
2193related vocational work-related programs.--
2194     (1)(a)  It is the finding of the Legislature that the
2195educational educational/technical and career-related vocational
2196work-related programs of the Department of Juvenile Justice are
2197uniquely different from other programs operated or conducted by
2198other departments in that it is essential to the state that
2199these programs provide juveniles with useful information and
2200activities that can lead to meaningful employment after release
2201in order to assist in reducing the return of juveniles to the
2203     (b)  It is further the finding of the Legislature that the
2204mission of a juvenile educational educational/technical and
2205career-related vocational work-related program is, in order of
2207     1.  To provide a joint effort between the department, the
2208juvenile work programs, and educational educational/technical
2209and career vocational training programs to reinforce relevant
2210education, training, and postrelease job placement, and help
2211reduce recommitment.
2212     2.  To serve the security goals of the state through the
2213reduction of idleness of juveniles and the provision of an
2214incentive for good behavior in residential commitment
2216     3.  To teach youth in juvenile justice programs relevant
2217job skills and the fundamentals of a trade in order to prepare
2218them for placement in the workforce.
2219     (2)(a)  The department is strongly encouraged to require
2220juveniles placed in a high-risk residential, maximum-risk
2221residential, or a serious/habitual offender program to
2222participate in an educational educational/technical or career-
2223related vocational work-related program 5 hours per day, 5 days
2224per week.  All policies developed by the department relating to
2225this requirement must be consistent with applicable federal,
2226state, and local labor laws and standards, including all laws
2227relating to child labor.
2228     (3)  In adopting or modifying master plans for juvenile
2229work programs and educational educational/technical and career
2230vocational training programs, and in the administration of the
2231Department of Juvenile Justice, it shall be the objective of the
2232department to develop:
2233     (a)  Attitudes favorable to work, the work situation, and a
2234law-abiding life in each juvenile employed in the juvenile work
2236     (b)  Education and training opportunities that are
2237reasonably broad, but which develop specific work skills.
2238     (c)  Programs that motivate juveniles to use their
2240     (d)  Education and training programs that will be of mutual
2241benefit to all governmental jurisdictions of the state by
2242reducing the costs of government to the taxpayers and which
2243integrate all instructional programs into a unified curriculum
2244suitable for all juveniles, but taking account of the different
2245abilities of each juvenile.
2246     (e)  A logical sequence of educational
2247educational/technical or career vocational training, employment
2248by the juvenile work programs, and postrelease job placement for
2249juveniles participating in juvenile work programs.
2250     (4)(a)  The Department of Juvenile Justice shall establish
2251guidelines for the operation of juvenile educational
2252educational/technical and career-related vocational work-related
2253programs, which shall include the following procedures:
2254     1.  Participation in the educational educational/technical
2255and career-related vocational work-related programs shall be on
2256a 5-day-per-week, 5-hour-per-day basis.
2257     2.  The education, training, work experience, emotional and
2258mental abilities, and physical capabilities of the juvenile and
2259the duration of the term of placement imposed on the juvenile
2260are to be analyzed before assignment of the juvenile into the
2261various processes best suited for educational
2262educational/technical or career vocational training.
2263     3.  When feasible, the department shall attempt to obtain
2264education or training credit for a juvenile seeking
2265apprenticeship status or a high school diploma or its
2267     4.  The juvenile may begin in a general education and work
2268skills program and progress to a specific work skills training
2269program, depending upon the ability, desire, and education and
2270work record of the juvenile.
2271     5.  Modernization and upgrading of equipment and facilities
2272should include greater automation and improved production
2273techniques to expose juveniles to the latest technological
2274procedures to facilitate their adjustment to real work
2276     (b)  Evaluations of juvenile educational
2277educational/technical and career-related vocational work-related
2278programs shall be conducted according to the following
2280     1.  Systematic evaluations and quality assurance monitoring
2281shall be implemented, in accordance with s. 985.412(1), (2), and
2282(5), to determine whether the programs are related to successful
2283postrelease adjustments.
2284     2.  Operations and policies of the programs shall be
2285reevaluated to determine if they are consistent with their
2286primary objectives.
2287     (d)  The department and providers are strongly encouraged
2288to work in partnership with local businesses and trade groups in
2289the development and operation of educational
2290educational/technical and career vocational programs.
2291     Section 69.  Subsections (1) and (2) of section 1000.04,
2292Florida Statutes, are amended to read:
2293     1000.04  Components for the delivery of public education
2294within the Florida K-20 education system.--Florida's K-20
2295education system provides for the delivery of public education
2296through publicly supported and controlled K-12 schools,
2297community colleges, state universities and other postsecondary
2298educational institutions, other educational institutions, and
2299other educational services as provided or authorized by the
2300Constitution and laws of the state.
2301     (1)  PUBLIC K-12 SCHOOLS.--The public K-12 schools include
2302charter schools and consist of kindergarten classes; elementary,
2303middle, and high school grades and special classes; workforce
2304development education; career area technical centers; adult,
2305part-time, career and technical, and evening schools, courses,
2306or classes, as authorized by law to be operated under the
2307control of district school boards; and lab schools operated
2308under the control of state universities.
2310postsecondary educational institutions include workforce
2311development education; community colleges; colleges; state
2312universities; and all other state-supported postsecondary
2313educational institutions that are authorized and established by
2315     Section 70.  Paragraph (e) of subsection (2) and subsection
2316(4) of section 1000.05, Florida Statutes, are amended to read:
2317     1000.05  Discrimination against students and employees in
2318the Florida K-20 public education system prohibited; equality of
2319access required.--
2320     (2)
2321     (e)  Guidance services, counseling services, and financial
2322assistance services in the state public K-20 education system
2323shall be available to students equally.  Guidance and counseling
2324services, materials, and promotional events shall stress access
2325to academic and, career and technical opportunities for students
2326without regard to race, ethnicity, national origin, gender,
2327disability, or marital status.
2328     (4)  Educational institutions within the state public K-20
2329education system shall develop and implement methods and
2330strategies to increase the participation of students of a
2331particular race, ethnicity, national origin, gender, disability,
2332or marital status in programs and courses in which students of
2333that particular race, ethnicity, national origin, gender,
2334disability, or marital status have been traditionally
2335underrepresented, including, but not limited to, mathematics,
2336science, computer technology, electronics, communications
2337technology, engineering, and career and technical education.
2338     Section 71.  Paragraph (h) of subsection (4) of section
23391001.42, Florida Statutes, is amended to read:
2340     1001.42  Powers and duties of district school board.--The
2341district school board, acting as a board, shall exercise all
2342powers and perform all duties listed below:
2344SCHOOLS.--Adopt and provide for the execution of plans for the
2345establishment, organization, and operation of the schools of the
2346district, including, but not limited to, the following:
2347     (h)  Career and technical classes and schools.--Provide for
2348the establishment and maintenance of career and technical
2349schools, departments, or classes, giving instruction in career
2350and technical education as defined by rules of the State Board
2351of Education, and use any moneys raised by public taxation in
2352the same manner as moneys for other school purposes are used for
2353the maintenance and support of public schools or classes.
2354     Section 72.  Section 1001.44, Florida Statutes, is amended
2355to read:
2356     1001.44  Career Technical centers.--
2358TECHNICAL CENTERS.--Any district school board, after first
2359obtaining the approval of the Department of Education, may, as a
2360part of the district school system, organize, establish and
2361operate a career technical center, or acquire and operate a
2362career center technical school previously established.
2365school boards of any two or more contiguous districts may, upon
2366first obtaining the approval of the department, enter into an
2367agreement to organize, establish and operate, or acquire and
2368operate, a career technical center under this section.
2371     (a)  A career technical center established or acquired
2372under provisions of law and minimum standards prescribed by the
2373commissioner shall comprise a part of the district school system
2374and shall mean an educational institution offering terminal
2375courses of a technical nature, and courses for out-of-school
2376youth and adults; shall be subject to all applicable provisions
2377of this code; shall be under the control of the district school
2378board of the school district in which it is located; and shall
2379be directed by a director responsible through the district
2380school superintendent to the district school board of the school
2381district in which the center is located.
2382     (b)  Each career technical center shall maintain an
2383academic transcript for each student enrolled in the center.
2384Such transcript shall delineate each course completed by the
2385student. Courses shall be delineated by the course prefix and
2386title assigned pursuant to s. 1007.24. The center shall make a
2387copy of a student's transcript available to any student who
2388requests it.
2389     Section 73.  Paragraph (a) of subsection (1) of section
23901001.452, Florida Statutes, is amended to read:
2391     1001.452  District and school advisory councils.--
2392     (1)  ESTABLISHMENT.--
2393     (a)  The district school board shall establish an advisory
2394council for each school in the district and shall develop
2395procedures for the election and appointment of advisory council
2396members. Each school advisory council shall include in its name
2397the words "school advisory council." The school advisory council
2398shall be the sole body responsible for final decisionmaking at
2399the school relating to implementation of the provisions of ss.
24001001.42(16) and 1008.345. A majority of the members of each
2401school advisory council must be persons who are not employed by
2402the school. Each advisory council shall be composed of the
2403principal and an appropriately balanced number of teachers,
2404education support employees, students, parents, and other
2405business and community citizens who are representative of the
2406ethnic, racial, and economic community served by the school.
2407Career Technical center and high school advisory councils shall
2408include students, and middle and junior high school advisory
2409councils may include students. School advisory councils of
2410career centers technical and adult education centers are not
2411required to include parents as members. Council members
2412representing teachers, education support employees, students,
2413and parents shall be elected by their respective peer groups at
2414the school in a fair and equitable manner as follows:
2415     1.  Teachers shall be elected by teachers.
2416     2.  Education support employees shall be elected by
2417education support employees.
2418     3.  Students shall be elected by students.
2419     4.  Parents shall be elected by parents.
2421The district school board shall establish procedures for use by
2422schools in selecting business and community members that include
2423means of ensuring wide notice of vacancies and of taking input
2424on possible members from local business, chambers of commerce,
2425community and civic organizations and groups, and the public at
2426large. The district school board shall review the membership
2427composition of each advisory council. If the district school
2428board determines that the membership elected by the school is
2429not representative of the ethnic, racial, and economic community
2430served by the school, the district school board shall appoint
2431additional members to achieve proper representation. The
2432commissioner shall determine if schools have maximized their
2433efforts to include on their advisory councils minority persons
2434and persons of lower socioeconomic status. Although schools are
2435strongly encouraged to establish school advisory councils, the
2436district school board of any school district that has a student
2437population of 10,000 or fewer may establish a district advisory
2438council which shall include at least one duly elected teacher
2439from each school in the district. For the purposes of school
2440advisory councils and district advisory councils, the term
2441"teacher" shall include classroom teachers, certified student
2442services personnel, and media specialists. For purposes of this
2443paragraph, "education support employee" means any person
2444employed by a school who is not defined as instructional or
2445administrative personnel pursuant to s. 1012.01 and whose duties
2446require 20 or more hours in each normal working week.
2447     Section 74.  Paragraph (a) of subsection (1) of section
24481001.453, Florida Statutes, is amended to read:
2449     1001.453  Direct-support organization; use of property;
2450board of directors; audit.--
2451     (1)  DEFINITIONS.--For the purposes of this section, the
2453     (a)  "District school board direct-support organization"
2454means an organization that:
2455     1.  Is approved by the district school board;
2456     2.  Is a Florida corporation not for profit, incorporated
2457under the provisions of chapter 617 and approved by the
2458Department of State; and
2459     3.  Is organized and operated exclusively to receive, hold,
2460invest, and administer property and to make expenditures to or
2461for the benefit of public kindergarten through 12th grade
2462education and adult career and technical and community education
2463programs in this state.
2464     Section 75.  Subsection (16) of section 1001.64, Florida
2465Statutes, is amended to read:
2466     1001.64  Community college boards of trustees; powers and
2468     (16)  Each board of trustees must expend performance funds
2469provided for workforce development education pursuant to the
2470provisions of s. 1011.80.
2471     Section 76.  Subsection (2) of section 1002.01, Florida
2472Statutes, is amended to read:
2473     1002.01  Definitions.--
2474     (2)  A "private school" is a nonpublic school defined as an
2475individual, association, copartnership, or corporation, or
2476department, division, or section of such organizations, that
2477designates itself as an educational center that includes
2478kindergarten or a higher grade or as an elementary, secondary,
2479business, technical, or trade school below college level or any
2480organization that provides instructional services that meet the
2481intent of s. 1003.01(14) or that gives preemployment or
2482supplementary training in technology or in fields of trade or
2483industry or that offers academic, literary, or career and
2484technical training below college level, or any combination of
2485the above, including an institution that performs the functions
2486of the above schools through correspondence or extension, except
2487those licensed under the provisions of chapter 1005. A private
2488school may be a parochial, religious, denominational, for-
2489profit, or nonprofit school. This definition does not include
2490home education programs conducted in accordance with s. 1002.41.
2491     Section 77.  Paragraph (f) of subsection (3) of section
24921002.20, Florida Statutes, is amended to read:
2493     1002.20  K-12 student and parent rights.--Parents of public
2494school students must receive accurate and timely information
2495regarding their child's academic progress and must be informed
2496of ways they can help their child to succeed in school. K-12
2497students and their parents are afforded numerous statutory
2498rights including, but not limited to, the following:
2499     (3)  HEALTH ISSUES.--
2500     (f)  Career and technical education courses involving
2501hazardous substances.--High school students must be given plano
2502safety glasses or devices in career and technical education
2503courses involving the use of hazardous substances likely to
2504cause eye injury, in accordance with the provisions of s.
2506     Section 78.  Paragraph (a) of subsection (2) and
2507subsections (3) and (5) of section 1002.22, Florida Statutes,
2508are amended to read:
2509     1002.22  Student records and reports; rights of parents and
2510students; notification; penalty.--
2511     (2)  DEFINITIONS.--As used in this section:
2512     (a)  "Chief executive officer" means that person, whether
2513elected or appointed, who is responsible for the management and
2514administration of any public educational body or unit, or the
2515chief executive officer's designee for student records; that is,
2516the district school superintendent, the director of a career an
2517area technical center, the president of a public postsecondary
2518educational institution, or their designees.
2519     (3)  RIGHTS OF PARENT OR STUDENT.--The parent of any
2520student who attends or has attended any public school, career
2521area technical center, or public postsecondary educational
2522institution shall have the following rights with respect to any
2523records or reports created, maintained, and used by any public
2524educational institution in the state. However, whenever a
2525student has attained 18 years of age, or is attending a
2526postsecondary educational institution, the permission or consent
2527required of, and the rights accorded to, the parents of the
2528student shall thereafter be required of and accorded to the
2529student only, unless the student is a dependent student of such
2530parents as defined in 26 U.S.C. s. 152 (s. 152 of the Internal
2531Revenue Code of 1954). The State Board of Education shall adopt
2532rules whereby parents or students may exercise these rights:
2533     (a)  Right of access.--
2534     1.  Such parent or student shall have the right, upon
2535request directed to the appropriate school official, to be
2536provided with a list of the types of records and reports,
2537directly related to students, as maintained by the institution
2538that the student attends or has attended.
2539     2.  Such parent or student shall have the right, upon
2540request, to be shown any record or report relating to such
2541student maintained by any public educational institution. When
2542the record or report includes information on more than one
2543student, the parent or student shall be entitled to receive, or
2544be informed of, only that part of the record or report that
2545pertains to the student who is the subject of the request. Upon
2546a reasonable request therefor, the institution shall furnish
2547such parent or student with an explanation or interpretation of
2548any such record or report.
2549     3.  Copies of any list, record, or report requested under
2550the provisions of this paragraph shall be furnished to the
2551parent or student upon request.
2552     4.  The State Board of Education shall adopt rules to be
2553followed by all public educational institutions in granting
2554requests for lists, or for access to reports and records or for
2555copies or explanations thereof under this paragraph. However,
2556access to any report or record requested under the provisions of
2557subparagraph 2. shall be granted within 30 days after receipt of
2558such request by the institution. Fees may be charged for
2559furnishing any copies of reports or records requested under
2560subparagraph 3., but such fees shall not exceed the actual cost
2561to the institution of producing such copies.
2562     (b)  Right of waiver of access to confidential letters or
2563statements.--A parent or student shall have the right to waive
2564the right of access to letters or statements of recommendation
2565or evaluation, except that such waiver shall apply to
2566recommendations or evaluations only if:
2567     1.  The parent or student is, upon request, notified of the
2568names of all persons submitting confidential letters or
2570     2.  Such recommendations or evaluations are used solely for
2571the purpose for which they were specifically intended.
2573Such waivers may not be required as a condition for admission
2574to, receipt of financial aid from, or receipt of any other
2575services or benefits from, any public agency or public
2576educational institution in this state.
2577     (c)  Right to challenge and hearing.--A parent or student
2578shall have the right to challenge the content of any record or
2579report to which such person is granted access under paragraph
2580(a), in order to ensure that the record or report is not
2581inaccurate, misleading, or otherwise in violation of the privacy
2582or other rights of the student and to provide an opportunity for
2583the correction, deletion, or expunction of any inaccurate,
2584misleading, or otherwise inappropriate data or material
2585contained therein. Any challenge arising under the provisions of
2586this paragraph may be settled through informal meetings or
2587discussions between the parent or student and appropriate
2588officials of the educational institution. If the parties at such
2589a meeting agree to make corrections, to make deletions, to
2590expunge material, or to add a statement of explanation or
2591rebuttal to the file, such agreement shall be reduced to writing
2592and signed by the parties; and the appropriate school officials
2593shall take the necessary actions to implement the agreement. If
2594the parties cannot reach an agreement, upon the request of
2595either party, a hearing shall be held on such challenge under
2596rules adopted by the State Board of Education. Upon the request
2597of the parent or student, the hearing shall be exempt from the
2598requirements of s. 286.011. Such rules shall include at least
2599the following provisions:
2600     1.  The hearing shall be conducted within a reasonable
2601period of time following the request for the hearing.
2602     2.  The hearing shall be conducted, and the decision
2603rendered, by an official of the educational institution or other
2604party who does not have a direct interest in the outcome of the
2606     3.  The parent or student shall be afforded a full and fair
2607opportunity to present evidence relevant to the issues raised
2608under this paragraph.
2609     4.  The decision shall be rendered in writing within a
2610reasonable period of time after the conclusion of the hearing.
2611     5.  The appropriate school officials shall take the
2612necessary actions to implement the decision.
2613     (d)  Right of privacy.--Every student shall have a right of
2614privacy with respect to the educational records kept on him or
2615her. Personally identifiable records or reports of a student,
2616and any personal information contained therein, are confidential
2617and exempt from the provisions of s. 119.07(1). No state or
2618local educational agency, board, public school, career technical
2619center, or public postsecondary educational institution shall
2620permit the release of such records, reports, or information
2621without the written consent of the student's parent, or of the
2622student himself or herself if he or she is qualified as provided
2623in this subsection, to any individual, agency, or organization.
2624However, personally identifiable records or reports of a student
2625may be released to the following persons or organizations
2626without the consent of the student or the student's parent:
2627     1.  Officials of schools, school systems, career technical
2628centers, or public postsecondary educational institutions in
2629which the student seeks or intends to enroll; and a copy of such
2630records or reports shall be furnished to the parent or student
2631upon request.
2632     2.  Other school officials, including teachers within the
2633educational institution or agency, who have legitimate
2634educational interests in the information contained in the
2636     3.  The United States Secretary of Education, the Director
2637of the National Institute of Education, the Assistant Secretary
2638for Education, the Comptroller General of the United States, or
2639state or local educational authorities who are authorized to
2640receive such information subject to the conditions set forth in
2641applicable federal statutes and regulations of the United States
2642Department of Education, or in applicable state statutes and
2643rules of the State Board of Education.
2644     4.  Other school officials, in connection with a student's
2645application for or receipt of financial aid.
2646     5.  Individuals or organizations conducting studies for or
2647on behalf of an institution or a board of education for the
2648purpose of developing, validating, or administering predictive
2649tests, administering student aid programs, or improving
2650instruction, if such studies are conducted in such a manner as
2651will not permit the personal identification of students and
2652their parents by persons other than representatives of such
2653organizations and if such information will be destroyed when no
2654longer needed for the purpose of conducting such studies.
2655     6.  Accrediting organizations, in order to carry out their
2656accrediting functions.
2657     7.  School readiness coalitions and the Florida Partnership
2658for School Readiness in order to carry out their assigned
2660     8.  For use as evidence in student expulsion hearings
2661conducted by a district school board pursuant to the provisions
2662of chapter 120.
2663     9.  Appropriate parties in connection with an emergency, if
2664knowledge of the information in the student's educational
2665records is necessary to protect the health or safety of the
2666student or other individuals.
2667     10.  The Auditor General and the Office of Program Policy
2668Analysis and Government Accountability in connection with their
2669official functions; however, except when the collection of
2670personally identifiable information is specifically authorized
2671by law, any data collected by the Auditor General and the Office
2672of Program Policy Analysis and Government Accountability is
2673confidential and exempt from the provisions of s. 119.07(1) and
2674shall be protected in such a way as will not permit the personal
2675identification of students and their parents by other than the
2676Auditor General, the Office of Program Policy Analysis and
2677Government Accountability, and their staff, and such personally
2678identifiable data shall be destroyed when no longer needed for
2679the Auditor General's and the Office of Program Policy Analysis
2680and Government Accountability's official use.
2681     11.a.  A court of competent jurisdiction in compliance with
2682an order of that court or the attorney of record pursuant to a
2683lawfully issued subpoena, upon the condition that the student
2684and the student's parent are notified of the order or subpoena
2685in advance of compliance therewith by the educational
2686institution or agency.
2687     b.  A person or entity pursuant to a court of competent
2688jurisdiction in compliance with an order of that court or the
2689attorney of record pursuant to a lawfully issued subpoena, upon
2690the condition that the student, or his or her parent if the
2691student is either a minor and not attending a postsecondary
2692educational institution or a dependent of such parent as defined
2693in 26 U.S.C. s. 152 (s. 152 of the Internal Revenue Code of
26941954), is notified of the order or subpoena in advance of
2695compliance therewith by the educational institution or agency.
2696     12.  Credit bureaus, in connection with an agreement for
2697financial aid that the student has executed, provided that such
2698information may be disclosed only to the extent necessary to
2699enforce the terms or conditions of the financial aid agreement.
2700Credit bureaus shall not release any information obtained
2701pursuant to this paragraph to any person.
2702     13.  Parties to an interagency agreement among the
2703Department of Juvenile Justice, school and law enforcement
2704authorities, and other signatory agencies for the purpose of
2705reducing juvenile crime and especially motor vehicle theft by
2706promoting cooperation and collaboration, and the sharing of
2707appropriate information in a joint effort to improve school
2708safety, to reduce truancy and in-school and out-of-school
2709suspensions, and to support alternatives to in-school and out-
2710of-school suspensions and expulsions that provide structured and
2711well-supervised educational programs supplemented by a
2712coordinated overlay of other appropriate services designed to
2713correct behaviors that lead to truancy, suspensions, and
2714expulsions, and that support students in successfully completing
2715their education. Information provided in furtherance of such
2716interagency agreements is intended solely for use in determining
2717the appropriate programs and services for each juvenile or the
2718juvenile's family, or for coordinating the delivery of such
2719programs and services, and as such is inadmissible in any court
2720proceedings prior to a dispositional hearing unless written
2721consent is provided by a parent or other responsible adult on
2722behalf of the juvenile.
2724This paragraph does not prohibit any educational institution
2725from publishing and releasing to the general public directory
2726information relating to a student if the institution elects to
2727do so. However, no educational institution shall release, to any
2728individual, agency, or organization that is not listed in
2729subparagraphs 1.-13., directory information relating to the
2730student body in general or a portion thereof unless it is
2731normally published for the purpose of release to the public in
2732general. Any educational institution making directory
2733information public shall give public notice of the categories of
2734information that it has designated as directory information with
2735respect to all students attending the institution and shall
2736allow a reasonable period of time after such notice has been
2737given for a parent or student to inform the institution in
2738writing that any or all of the information designated should not
2739be released.
2740     (5)  PENALTY.--In the event that any public school official
2741or employee, district school board official or employee, career
2742technical center official or employee, or public postsecondary
2743educational institution official or employee refuses to comply
2744with any of the provisions of this section, the aggrieved parent
2745or student shall have an immediate right to bring an action in
2746the circuit court to enforce the violated right by injunction.
2747Any aggrieved parent or student who brings such an action and
2748whose rights are vindicated may be awarded attorney's fees and
2749court costs.
2750     Section 79.  Subsection (1) of section 1002.38, Florida
2751Statutes, is amended to read:
2752     1002.38  Opportunity Scholarship Program.--
2753     (1)  FINDINGS AND INTENT.--The purpose of this section is
2754to provide enhanced opportunity for students in this state to
2755gain the knowledge and skills necessary for postsecondary
2756education, a career technical education, or the world of work.
2757The Legislature recognizes that the voters of the State of
2758Florida, in the November 1998 general election, amended s. 1,
2759Art. IX of the Florida Constitution so as to make education a
2760paramount duty of the state. The Legislature finds that the
2761State Constitution requires the state to provide a uniform,
2762safe, secure, efficient, and high-quality system which allows
2763the opportunity to obtain a high-quality education. The
2764Legislature further finds that a student should not be
2765compelled, against the wishes of the student's parent, to remain
2766in a school found by the state to be failing for 2 years in a 4-
2767year period. The Legislature shall make available opportunity
2768scholarships in order to give parents the opportunity for their
2769children to attend a public school that is performing
2770satisfactorily or to attend an eligible private school when the
2771parent chooses to apply the equivalent of the public education
2772funds generated by his or her child to the cost of tuition in
2773the eligible private school as provided in paragraph (6)(a).
2774Eligibility of a private school shall include the control and
2775accountability requirements that, coupled with the exercise of
2776parental choice, are reasonably necessary to secure the
2777educational public purpose, as delineated in subsection (4).
2778     Section 80.  Paragraph (a) of subsection (2) of section
27791002.42, Florida Statutes, is amended to read:
2780     1002.42  Private schools.--
2782     (a)  The Department of Education shall organize, maintain,
2783and annually update a database of educational institutions
2784within the state coming within the provisions of this section.  
2785There shall be included in the database of each institution the
2786name, address, and telephone number of the institution; the type
2787of institution; the names of administrative officers; the
2788enrollment by grade or special group (e.g., career and technical
2789education and exceptional child education); the number of
2790graduates; the number of instructional and administrative
2791personnel; the number of days the school is in session; and such
2792data as may be needed to meet the provisions of this section and
2793s. 1003.23(2).
2794     Section 81.  Subsection (4), paragraph (c) of subsection
2795(9), and subsection (15) of section 1003.01, Florida Statutes,
2796are amended to read:
2797     1003.01  Definitions.--As used in this chapter, the term:
2798     (4)  "Career and technical education" means education that
2799provides instruction for the following purposes:
2800     (a)  At the elementary, middle, and secondary school
2801levels, exploratory courses designed to give students initial
2802exposure to a broad range of occupations to assist them in
2803preparing their academic and occupational plans, and practical
2804arts courses that provide generic skills that may apply to many
2805occupations but are not designed to prepare students for entry
2806into a specific occupation. Career and technical education
2807provided before high school completion must be designed to
2808enhance both occupational and academic skills through
2809integration with academic instruction.
2810     (b)  At the secondary school level, job-preparatory
2811instruction in the competencies that prepare students for
2812effective entry into an occupation, including diversified
2813cooperative education, work experience, and job-entry programs
2814that coordinate directed study and on-the-job training.
2815     (c)  At the postsecondary education level, courses of study
2816that provide competencies needed for entry into specific
2817occupations or for advancement within an occupation.
2818     (9)  "Dropout" means a student who meets any one or more of
2819the following criteria:
2820     (c)  The student has withdrawn from school, but has not
2821transferred to another public or private school or enrolled in
2822any career and technical, adult, home education, or alternative
2823educational program;
2825The State Board of Education may adopt rules to implement the
2826provisions of this subsection.
2827     (15)  "Extracurricular courses" means all courses that are
2828not defined as "core-curricula courses," which may include, but
2829are not limited to, physical education, fine arts, performing
2830fine arts, vocational education, and career and technical
2831education. The term is limited in meaning and used for the sole
2832purpose of designating classes that are not subject to the
2833maximum class size requirements established in s. 1, Art. IX of
2834the State Constitution.
2835     Section 82.  Section 1003.02, Florida Statutes, is amended
2836to read:
2837     1003.02  District school board operation and control of
2838public K-12 education within the school district.--As provided
2839in part II of chapter 1001, district school boards are
2840constitutionally and statutorily charged with the operation and
2841control of public K-12 education within their school district.
2842The district school boards must establish, organize, and operate
2843their public K-12 schools and educational programs, employees,
2844and facilities. Their responsibilities include staff
2845development, public K-12 school student education including
2846education for exceptional students and students in juvenile
2847justice programs, special programs, adult education programs,
2848and career and technical education programs. Additionally,
2849district school boards must:
2850     (1)  Provide for the proper accounting for all students of
2851school age, for the attendance and control of students at
2852school, and for proper attention to health, safety, and other
2853matters relating to the welfare of students in the following
2855     (a)  Admission, classification, promotion, and graduation
2856of students.--Adopt rules for admitting, classifying, promoting,
2857and graduating students to or from the various schools of the
2859     (b)  Enforcement of attendance laws.--Provide for the
2860enforcement of all laws and rules relating to the attendance of
2861students at school.
2862     (c)  Control of students.--
2863     1.  Adopt rules for the control, attendance, discipline,
2864in-school suspension, suspension, and expulsion of students and
2865decide all cases recommended for expulsion.
2866     2.  Maintain a code of student conduct as provided in
2867chapter 1006.
2868     (d)  Courses of study and instructional materials.--
2869     1.  Provide adequate instructional materials for all
2870students as follows and in accordance with the requirements of
2871chapter 1006, in the core courses of mathematics, language arts,
2872social studies, science, reading, and literature, except for
2873instruction for which the school advisory council approves the
2874use of a program that does not include a textbook as a major
2875tool of instruction.
2876     2.  Adopt courses of study for use in the schools of the
2878     3.  Provide for proper requisitioning, distribution,
2879accounting, storage, care, and use of all instructional
2880materials as may be needed, and ensure that instructional
2881materials used in the district are consistent with the district
2882goals and objectives and the curriculum frameworks approved by
2883the State Board of Education, as well as with the state and
2884school district performance standards required by law and state
2885board rule.
2886     (e)  Transportation.--Make provision for the transportation
2887of students to the public schools or school activities they are
2888required or expected to attend, efficiently and economically, in
2889accordance with the requirements of chapter 1006.
2890     (f)  Facilities and school plant.--
2891     1.  Approve and adopt a districtwide school facilities
2892program, in accordance with the requirements of chapter 1013.
2893     2.  Approve plans for locating, planning, constructing,
2894sanitating, insuring, maintaining, protecting, and condemning
2895school property as prescribed in chapter 1013.
2896     3.  Approve and adopt a districtwide school building
2898     4.  Select and purchase school sites, playgrounds, and
2899recreational areas located at centers at which schools are to be
2900constructed, of adequate size to meet the needs of projected
2901students to be accommodated.
2902     5.  Approve the proposed purchase of any site, playground,
2903or recreational area for which school district funds are to be
2905     6.  Expand existing sites.
2906     7.  Rent buildings when necessary.
2907     8.  Enter into leases or lease-purchase arrangements, in
2908accordance with the requirements and conditions provided in s.
2910     9.  Provide for the proper supervision of construction.
2911     10.  Make or contract for additions, alterations, and
2912repairs on buildings and other school properties.
2913     11.  Ensure that all plans and specifications for buildings
2914provide adequately for the safety and well-being of students, as
2915well as for economy of construction.
2916     12.  Provide adequately for the proper maintenance and
2917upkeep of school plants.
2918     13.  Carry insurance on every school building in all school
2919plants including contents, boilers, and machinery, except
2920buildings of three classrooms or less which are of frame
2921construction and located in a tenth class public protection zone
2922as defined by the Florida Inspection and Rating Bureau, and on
2923all school buses and other property under the control of the
2924district school board or title to which is vested in the
2925district school board, except as exceptions may be authorized
2926under rules of the State Board of Education.
2927     14.  Condemn and prohibit the use for public school
2928purposes of any building under the control of the district
2929school board.
2930     (g)  School operation.--
2931     1.  Provide for the operation of all public schools as free
2932schools for a term of at least 180 days or the equivalent on an
2933hourly basis as specified by rules of the State Board of
2934Education; determine district school funds necessary in addition
2935to state funds to operate all schools for the minimum term; and
2936arrange for the levying of district school taxes necessary to
2937provide the amount needed from district sources.
2938     2.  Prepare, adopt, and timely submit to the Department of
2939Education, as required by law and by rules of the State Board of
2940Education, the annual school budget, so as to promote the
2941improvement of the district school system.
2942     (h)  Records and reports.--
2943     1.  Keep all necessary records and make all needed and
2944required reports, as required by law or by rules of the State
2945Board of Education.
2946     2.  At regular intervals require reports to be made by
2947principals or teachers in all public schools to the parents of
2948the students enrolled and in attendance at their schools,
2949apprising them of the academic and other progress being made by
2950the student and giving other useful information.
2951     (i)  Parental notification of acceleration mechanisms.--At
2952the beginning of each school year, notify parents of students in
2953or entering high school of the opportunity and benefits of
2954advanced placement, International Baccalaureate, Advanced
2955International Certificate of Education, dual enrollment, and
2956Florida Virtual School courses.
2957     (2)  Require that all laws, all rules of the State Board of
2958Education, and all rules of the district school board are
2959properly enforced.
2960     (3)  Maintain a system of school improvement and education
2961accountability as required by law and State Board of Education
2962rule, including but not limited to the requirements of chapter
2964     (4)  In order to reduce the anonymity of students in large
2965schools, adopt policies that encourage subdivision of the school
2966into schools-within-a-school, which shall operate within
2967existing resources. A "school-within-a-school" means an
2968operational program that uses flexible scheduling, team
2969planning, and curricular and instructional innovation to
2970organize groups of students with groups of teachers as smaller
2971units, so as to functionally operate as a smaller school.
2972Examples of this include, but are not limited to:
2973     (a)  An organizational arrangement assigning both students
2974and teachers to smaller units in which the students take some or
2975all of their coursework with their fellow grouped students and
2976from the teachers assigned to the smaller unit. A unit may be
2977grouped together for 1 year or on a vertical, multiyear basis.
2978     (b)  An organizational arrangement similar to that
2979described in paragraph(a) with additional variations in
2980instruction and curriculum.  The smaller unit usually seeks to
2981maintain a program different from that of the larger school, or
2982of other smaller units. It may be vertically organized, but is
2983dependent upon the school principal for its existence, budget,
2984and staff.
2985     (c)  A separate and autonomous smaller unit formally
2986authorized by the district school board or district school
2987superintendent. The smaller unit plans and runs its own program,
2988has its own staff and students, and receives its own separate
2989budget. The smaller unit must negotiate the use of common space
2990with the larger school and defer to the building principal on
2991matters of safety and building operation.
2992     Section 83.  Paragraph (h) of subsection (1) of section
29931003.43, Florida Statutes, is amended to read:
2994     1003.43  General requirements for high school graduation.--
2995     (1)  Graduation requires successful completion of either a
2996minimum of 24 academic credits in grades 9 through 12 or an
2997International Baccalaureate curriculum. The 24 credits shall be
2998distributed as follows:
2999     (h)1.  One credit in practical arts career and technical
3000education or exploratory career and technical education. Any
3001career and technical education course as defined in s. 1003.01
3002may be taken to satisfy the high school graduation requirement
3003for one credit in practical arts or exploratory career and
3004technical education provided in this subparagraph;
3005     2.  One credit in performing fine arts to be selected from
3006music, dance, drama, painting, or sculpture. A course in any art
3007form, in addition to painting or sculpture, that requires manual
3008dexterity, or a course in speech and debate, may be taken to
3009satisfy the high school graduation requirement for one credit in
3010performing arts pursuant to this subparagraph; or
3011     3.  One-half credit each in practical arts career and
3012technical education or exploratory career and technical
3013education and performing fine arts, as defined in this
3016Such credit for practical arts career and technical education or
3017exploratory career and technical education or for performing
3018fine arts shall be made available in the 9th grade, and students
3019shall be scheduled into a 9th grade course as a priority.
3021District school boards may award a maximum of one-half credit in
3022social studies and one-half elective credit for student
3023completion of nonpaid voluntary community or school service
3024work. Students choosing this option must complete a minimum of
302575 hours of service in order to earn the one-half credit in
3026either category of instruction. Credit may not be earned for
3027service provided as a result of court action. District school
3028boards that approve the award of credit for student volunteer
3029service shall develop guidelines regarding the award of the
3030credit, and school principals are responsible for approving
3031specific volunteer activities. A course designated in the Course
3032Code Directory as grade 9 through grade 12 that is taken below
3033the 9th grade may be used to satisfy high school graduation
3034requirements or Florida Academic Scholars award requirements as
3035specified in a district school board's student progression plan.
3036A student shall be granted credit toward meeting the
3037requirements of this subsection for equivalent courses, as
3038identified pursuant to s. 1007.271(6), taken through dual
3040     Section 84.  Subsection (3) of section 1003.47, Florida
3041Statutes, is amended to read:
3042     1003.47  Biological experiments on living subjects.--
3043     (3)  If any instructional employee of a public high school
3044or career area technical center knowingly or intentionally fails
3045or refuses to comply with any of the provisions of this section,
3046the district school board may suspend, dismiss, return to annual
3047contract, or otherwise discipline such employee as provided in
3048s. 1012.22(1)(f) in accordance with procedures established in
3049chapter 1012. If any instructional employee of any private
3050school knowingly or intentionally fails or refuses to comply
3051with the provisions of this section, the governing authority of
3052the private school may suspend, dismiss, or otherwise discipline
3053such employee in accordance with its standard personnel
3055     Section 85.  Paragraphs (e) and (f) of subsection (2) of
3056section 1003.51, Florida Statutes, are amended to read:
3057     1003.51  Other public educational services.--
3058     (2)  The State Board of Education shall adopt and maintain
3059an administrative rule articulating expectations for effective
3060education programs for youth in Department of Juvenile Justice
3061programs, including, but not limited to, education programs in
3062juvenile justice commitment and detention facilities. The rule
3063shall articulate policies and standards for education programs
3064for youth in Department of Juvenile Justice programs and shall
3065include the following:
3066     (e)  Assessment procedures, which:
3067     1.  Include appropriate academic and career and technical
3068assessments administered at program entry and exit that are
3069selected by the Department of Education in partnership with
3070representatives from the Department of Juvenile Justice,
3071district school boards, and providers.
3072     2.  Require district school boards to be responsible for
3073ensuring the completion of the assessment process.
3074     3.  Require assessments for students in detention who will
3075move on to commitment facilities, to be designed to create the
3076foundation for developing the student's education program in the
3077assigned commitment facility.
3078     4.  Require assessments of students sent directly to
3079commitment facilities to be completed within the first week of
3080the student's commitment.
3082The results of these assessments, together with a portfolio
3083depicting the student's academic and career and technical
3084accomplishments, shall be included in the discharge package
3085assembled for each youth.
3086     (f)  Recommended instructional programs, including, but not
3087limited to, career and technical training and job preparation.
3088     Section 86.  Paragraph (c) of subsection (1) and
3089subsections (3), (5), and (23) of section 1003.52, Florida
3090Statutes, are amended to read:
3091     1003.52  Educational services in Department of Juvenile
3092Justice programs.--
3093     (1)  The Legislature finds that education is the single
3094most important factor in the rehabilitation of adjudicated
3095delinquent youth in the custody of the Department of Juvenile
3096Justice in detention or commitment facilities. It is the goal of
3097the Legislature that youth in the juvenile justice system
3098continue to be allowed the opportunity to obtain a high quality
3099education. The Department of Education shall serve as the lead
3100agency for juvenile justice education programs, curriculum,
3101support services, and resources. To this end, the Department of
3102Education and the Department of Juvenile Justice shall each
3103designate a Coordinator for Juvenile Justice Education Programs
3104to serve as the point of contact for resolving issues not
3105addressed by district school boards and to provide each
3106department's participation in the following activities:
3107     (c)  Developing academic and career and technical protocols
3108that provide guidance to district school boards and providers in
3109all aspects of education programming, including records transfer
3110and transition.
3112Annually, a cooperative agreement and plan for juvenile justice
3113education service enhancement shall be developed between the
3114Department of Juvenile Justice and the Department of Education
3115and submitted to the Secretary of Juvenile Justice and the
3116Commissioner of Education by June 30.
3117     (3)  The district school board of the county in which the
3118residential or nonresidential care facility or juvenile
3119assessment facility is located shall provide appropriate
3120educational assessments and an appropriate program of
3121instruction and special education services. The district school
3122board shall make provisions for each student to participate in
3123basic, career and technical education, and exceptional student
3124programs as appropriate. Students served in Department of
3125Juvenile Justice programs shall have access to the appropriate
3126courses and instruction to prepare them for the GED test.
3127Students participating in GED preparation programs shall be
3128funded at the basic program cost factor for Department of
3129Juvenile Justice programs in the Florida Education Finance
3130Program. Each program shall be conducted according to applicable
3131law providing for the operation of public schools and rules of
3132the State Board of Education.
3133     (5)  The educational program shall consist of appropriate
3134basic academic, career and technical, or exceptional curricula
3135and related services which support the treatment goals and
3136reentry and which may lead to completion of the requirements for
3137receipt of a high school diploma or its equivalent. If the
3138duration of a program is less than 40 days, the educational
3139component may be limited to tutorial activities and career and
3140technical employability skills.
3141     (23)  The Department of Juvenile Justice and the Department
3142of Education shall, in consultation with the statewide Workforce
3143Development Youth Council, district school boards, providers,
3144and others, jointly develop a multiagency plan for career and
3145technical education which describes the curriculum, goals, and
3146outcome measures for career and technical education programming
3147in juvenile commitment facilities, pursuant to s. 985.3155.
3148     Section 87.  Subsections (21), (23), (25), and (26) of
3149section 1004.02, Florida Statutes, are amended to read:
3150     1004.02  Definitions.--As used in this chapter:
3151     (21)  "Career Technical certificate program" means a course
3152of study that leads to at least one occupational completion
3153point. The program may also confer credit that may articulate
3154with a diploma or career technical degree education program, if
3155authorized by rules of the State Board of Education. Any credit
3156instruction designed to articulate to a degree program is
3157subject to guidelines and standards adopted by the Department of
3158Education pursuant to chapter 1007. The term is interchangeable
3159with the term "certificate career and technical education
3161     (23)  "Career and technical education planning region"
3162means the geographic area in which career and technical or adult
3163education is provided. Each career and technical region is
3164contiguous with one of the 28 community college service areas.
3165     (25)  "Career and technical program" means a group of
3166identified competencies leading to occupations identified by a
3167Classification of Instructional Programs number.
3168     (26)  "Workforce development education" means adult general
3169education or career and technical education and may consist of a
3170continuing workforce education course or a program of study
3171leading to an occupational completion point, a career technical
3172certificate, an applied technology diploma, or a career
3173technical degree.
3174     Section 88.  Paragraph (f) of subsection (5) of section
31751004.04, Florida Statutes, is amended to read:
3176     1004.04  Public accountability and state approval for
3177teacher preparation programs.--
3178     (5)  CONTINUED PROGRAM APPROVAL.--Notwithstanding
3179subsection (4), failure by a public or nonpublic teacher
3180preparation program to meet the criteria for continued program
3181approval shall result in loss of program approval. The
3182Department of Education, in collaboration with the departments
3183and colleges of education, shall develop procedures for
3184continued program approval that document the continuous
3185improvement of program processes and graduates' performance.
3186     (f)1.  Each Florida public and private institution that
3187offers a state-approved teacher preparation program must
3188annually report information regarding these programs to the
3189state and the general public. This information shall be reported
3190in a uniform and comprehensible manner that is consistent with
3191definitions and methods approved by the Commissioner of the
3192National Center for Educational Statistics and that is approved
3193by the State Board of Education. This information must include,
3194at a minimum:
3195     a.  The percent of graduates obtaining full-time teaching
3196employment within the first year of graduation.
3197     b.  The average length of stay of graduates in their full-
3198time teaching positions.
3199     c.  Satisfaction ratings required in paragraph (e).
3200     2.  Each public and private institution offering training
3201for school readiness related professions, including training in
3202the fields of child care and early childhood education, whether
3203offering career technical credit, associate in applied science
3204degree programs, associate in science degree programs, or
3205associate in arts degree programs, shall annually report
3206information regarding these programs to the state and the
3207general public in a uniform and comprehensible manner that
3208conforms with definitions and methods approved by the State
3209Board of Education. This information must include, at a minimum:
3210     a.  Average length of stay of graduates in their positions.
3211     b.  Satisfaction ratings of graduates' employers.
3213This information shall be reported through publications,
3214including college and university catalogs and promotional
3215materials sent to potential applicants, secondary school
3216guidance counselors, and prospective employers of the
3217institution's program graduates.
3218     Section 89.  Section 1004.07, Florida Statutes, is amended
3219to read:
3220     1004.07  Student withdrawal from courses due to military
3221service; effect.--Each district school board, community college
3222district board of trustees, and university board of trustees
3223shall establish, by rule and pursuant to guidelines of the State
3224Board of Education, policies regarding currently enrolled
3225students who are called to, or enlist in, active military
3226service. Such policies shall provide that any student enrolled
3227in a postsecondary course or courses at a career an area
3228technical center, a public community college, a public college,
3229or a state university shall not incur academic or financial
3230penalties by virtue of performing military service on behalf of
3231our country. Such student shall be permitted the option of
3232either completing the course or courses at a later date without
3233penalty or withdrawing from the course or courses with a full
3234refund of fees paid. If the student chooses to withdraw, the
3235student's record shall reflect that the withdrawal is due to
3236active military service.
3237     Section 90.  Paragraphs (b), (c), (d), and (g) of
3238subsection (4) of section 1004.54, Florida Statutes, are amended
3239to read:
3240     1004.54  Learning Development and Evaluation Center.--
3241     (4)  An outreach component shall be established which shall
3243     (b)  Working with community colleges, career technical
3244centers, and community agencies to identify students who may
3245benefit from the program.
3246     (c)  Providing secondary schools, community colleges,
3247career technical centers, and community agencies with a
3248description of methods used by the program for identification of
3249students who have learning disabilities.
3250     (d)  Providing secondary schools, community colleges,
3251career technical centers, and community agencies with a
3252description of program services and the support services
3254     (g)  Designing, developing, and implementing, in
3255cooperation with Florida Agricultural and Mechanical University,
3256public school districts, community colleges, and career
3257technical centers within the Department of Education, model
3258programs for the learning disabled student.
3259     Section 91.  Subsection (6) and paragraph (a) of subsection
3260(8) of section 1004.65, Florida Statutes, are amended to read:
3261     1004.65  Community colleges; definition, mission, and
3263     (6)  The primary mission and responsibility of community
3264colleges is responding to community needs for postsecondary
3265academic education and career technical degree education. This
3266mission and responsibility includes being responsible for:
3267     (a)  Providing lower level undergraduate instruction and
3268awarding associate degrees.
3269     (b)  Preparing students directly for careers vocations
3270requiring less than baccalaureate degrees. This may include
3271preparing for job entry, supplementing of skills and knowledge,
3272and responding to needs in new areas of technology. Career and
3273technical education in the community college shall consist of
3274career technical certificates, credit courses leading to
3275associate in science degrees and associate in applied science
3276degrees, and other programs in fields requiring substantial
3277academic work, background, or qualifications. A community
3278college may offer career and technical education programs in
3279fields having lesser academic or technical requirements.
3280     (c)  Providing student development services, including
3281assessment, student tracking, support for disabled students,
3282advisement, counseling, financial aid, career development, and
3283remedial and tutorial services, to ensure student success.
3284     (d)  Promoting economic development for the state within
3285each community college district through the provision of special
3286programs, including, but not limited to, the:
3287     1.  Enterprise Florida-related programs.
3288     2.  Technology transfer centers.
3289     3.  Economic development centers.
3290     4.  Workforce literacy programs.
3291     (e)  Providing dual enrollment instruction.
3292     (8)  Funding for community colleges shall reflect their
3293mission as follows:
3294     (a)  Postsecondary academic and career and technical
3295education programs and adult general education programs shall
3296have first priority in community college funding.
3297     Section 92.  Paragraph (b) of subsection (3) and paragraph
3298(a) of subsection (8) of section 1004.73, Florida Statutes, are
3299amended to read:
3300     1004.73  St. Petersburg College.--
3301     (3)  STUDENTS; FEES.--
3302     (b)  The Board of Trustees of St. Petersburg College shall
3303establish the level of tuition and other authorized student fees
3304consistent with law and proviso in the General Appropriations
3306     1.  For each credit hour of enrollment in a certificate
3307level course or lower-division level college credit course,
3308tuition and fees must be within the range authorized in law and
3309rule for a community college student at that level.
3310     2.  For each credit hour of enrollment in an upper-division
3311level course, matriculation and tuition fees must be in an
3312amount established by the Board of Trustees of St. Petersburg
3313College. However, fees for upper-division students must reflect
3314the fact that the college does not incur the costs of major
3315research programs. Therefore, the board of trustees shall
3316establish fees for upper-division students within a range that
3317is lower than the fees established for students at a state
3318university but higher than the fees for community college
3320     3.  Other mandatory fees and local fees must be at the same
3321level for all lower-division students. For upper-division
3322students, other mandatory fees and local fees must be at a level
3323less than fees established for University of South Florida
3324students, regardless of program enrollment or level. However,
3325students in workforce development education courses maintain the
3326authorized fee exemptions described in s. 1009.25 and may be
3327exempt from local fees imposed by the board of trustees, at the
3328board's discretion.
3329     (8)  STATE FUNDING.--
3330     (a)  The Legislature intends to fund St. Petersburg College
3331as a community college for its workforce development education
3332programs and for its lower-division level college credit courses
3333and programs.
3334     Section 93.  Subsections (1) and (2) of section 1004.91,
3335Florida Statutes, are amended to read:
3336     1004.91  Career-preparatory Vocational-preparatory
3338     (1)  The State Board of Education shall adopt, by rule,
3339standards of basic skill mastery for certificate career
3340technical education programs. Each school district and community
3341college that conducts programs that confer career technical
3342credit shall provide career-preparatory vocational-preparatory
3343instruction through which students receive the basic skills
3344instruction required pursuant to this section.
3345     (2)  Students who enroll in a program offered for career
3346technical credit of 450 hours or more shall complete an entry-
3347level examination within the first 6 weeks of admission into the
3348program. The State Board of Education shall designate
3349examinations that are currently in existence, the results of
3350which are comparable across institutions, to assess student
3351mastery of basic skills. Any student found to lack the required
3352level of basic skills for such program shall be referred to
3353career-preparatory vocational-preparatory instruction or adult
3354basic education for a structured program of basic skills
3355instruction. Such instruction may include English for speakers
3356of other languages. A student may not receive a career technical
3357certificate of completion without first demonstrating the basic
3358skills required in the state curriculum frameworks for the
3360     Section 94.  Section 1004.92, Florida Statutes, is amended
3361to read:
3362     1004.92  Purpose and responsibilities for career and
3363technical education.--
3364     (1)  The purpose of career and technical education is to
3365enable students who complete career and technical programs to
3366attain and sustain employment and realize economic self-
3367sufficiency. The purpose of this section is to identify issues
3368related to career and technical education for which school
3369boards and community college boards of trustees are accountable.  
3370It is the intent of the Legislature that the standards
3371articulated in subsection (2) be considered in the development
3372of accountability standards for public schools pursuant to ss.
33731000.03, 1001.42(16), and 1008.345 and for community colleges
3374pursuant to s. 1008.45.
3375     (2)(a)  School board, superintendent, and career technical
3376center, and community college board of trustees and president,
3377accountability for career and technical education programs
3378includes, but is not limited to:
3379     1.  Student demonstration of the academic skills necessary
3380to enter an occupation.
3381     2.  Student preparation to enter an occupation in an entry-
3382level position or continue postsecondary study.
3383     3.  Career and technical program articulation with other
3384corresponding postsecondary programs and job training
3386     4.  Employer satisfaction with the performance of students
3387who complete career and technical education or reach
3388occupational completion points.
3389     5.  Student completion, placement, and retention rates
3390pursuant to s. 1008.43.
3391     (b)  Department of Education accountability for career and
3392technical education includes, but is not limited to:
3393     1.  The provision of timely, accurate technical assistance
3394to school districts and community colleges.
3395     2.  The provision of timely, accurate information to the
3396State Board of Education, the Legislature, and the public.
3397     3.  The development of policies, rules, and procedures that
3398facilitate institutional attainment of the accountability
3399standards and coordinate the efforts of all divisions within the
3401     4.  The development of program standards and industry-
3402driven benchmarks for career and technical, adult, and community
3403education programs, which must be updated every 3 years. The
3404standards must include career technical, academic, and workplace
3405skills; viability of distance learning for instruction; and
3406work/learn cycles that are responsive to business and industry.
3407     5.  Overseeing school district and community college
3408compliance with the provisions of this chapter.
3409     6.  Ensuring that the educational outcomes for the
3410technical component of career and technical programs are uniform
3411and designed to provide a graduate who is capable of entering
3412the workforce on an equally competitive basis regardless of the
3413institution of choice.
3414     (3)  Each career technical center operated by a district
3415school board shall establish a center advisory council pursuant
3416to s. 1001.452. The center advisory council shall assist in the
3417preparation and evaluation of center improvement plans required
3418pursuant to s. 1001.42(16) and may provide assistance, upon the
3419request of the center director, in the preparation of the
3420center's annual budget and plan as required by s. 1008.385(1).
3421     Section 95.  Paragraph (b) of subsection (1), paragraph (d)
3422of subsection (2), and paragraph (c) of subsection (4) of
3423section 1004.93, Florida Statutes, are amended to read:
3424     1004.93  Adult general education.--
3425     (1)
3426     (b)  It is further intended that educational opportunities
3427be available for adults who have earned a diploma or high school
3428equivalency diploma but who lack the basic skills necessary to
3429function effectively in everyday situations, to enter the job
3430market, or to enter career technical certificate instruction.
3431     (2)  The adult education program must provide academic
3432services to students in the following priority:
3433     (d)  Students who have earned high school diplomas and
3434require specific improvement in order to:
3435     1.  Obtain or maintain employment or benefit from
3436certificate career technical education programs;
3437     2.  Pursue a postsecondary degree; or
3438     3.  Develop competence in the English language to qualify
3439for employment.
3440     (4)
3441     (c)  The State Board of Education shall define, by rule,
3442the levels and courses of instruction to be funded through the
3443college-preparatory program. The state board shall coordinate
3444the establishment of costs for college-preparatory courses, the
3445establishment of statewide standards that define required levels
3446of competence, acceptable rates of student progress, and the
3447maximum amount of time to be allowed for completion of college-
3448preparatory instruction. College-preparatory instruction is part
3449of an associate in arts degree program and may not be funded as
3450an adult career and technical education program.
3451     Section 96.  Subsection (2) of section 1004.98, Florida
3452Statutes, is amended to read:
3453     1004.98  Workforce literacy programs.--
3454     (2)  Each community college and school district may conduct
3455courses and programs through which adults gain the communication
3456and computation skills necessary to complete a career and
3457technical program, to gain or maintain entry-level employment,
3458or to upgrade employment. Courses may not be conducted until the
3459community college or school district identifies current and
3460prospective employees who do not possess the skills necessary to
3461enter career and technical programs or to obtain or maintain
3463     Section 97.  Subsection (8) of section 1005.02, Florida
3464Statutes, is amended to read:
3465     1005.02  Definitions.--As used in this chapter, the term:
3466     (8)  "Diploma" means a credential that is not a degree but
3467is any of the following: a certificate, transcript, report,
3468document, or title; a designation, mark, or appellation; or a
3469series of letters, numbers, or words that generally are taken to
3470signify satisfactory completion of the requirements of an
3471educational, technical, or career program of study or training
3472or course of study.
3473     Section 98.  Subsection (2) of section 1005.06, Florida
3474Statutes, is amended to read:
3475     1005.06  Institutions not under the jurisdiction or purview
3476of the commission.--
3477     (2)  The Department of Education may contract with the
3478Commission on Independent Education to provide services for
3479independent postsecondary educational institutions not under the
3480jurisdiction of the commission relating to licensure of
3481postsecondary career technical certificate and diploma programs
3482that such institutions may wish to offer and preliminary review
3483of programs such institutions may wish to offer which are beyond
3484the scope of the institutions's current accreditation status.  
3485Upon completion of its review, the commission shall forward its
3486recommendation to the department for final action.  The
3487department shall assess the institution seeking such services
3488the cost to the commission of providing such services. Revenues
3489collected pursuant to this provision shall be deposited in the
3490Institutional Assessment Trust Fund.
3491     Section 99.  Paragraph (c) of subsection (2) of section
34921005.21, Florida Statutes, is amended to read:
3493     1005.21  Commission for Independent Education.--
3494     (2)  The Commission for Independent Education shall consist
3495of seven members who are residents of this state. The commission
3496shall function in matters concerning independent postsecondary
3497educational institutions in consumer protection, program
3498improvement, and licensure for institutions under its purview.
3499The Governor shall appoint the members of the commission who are
3500subject to confirmation by the Senate. The membership of the
3501commission shall consist of:
3502     (c)  One member from a public school district or community
3503college who is an administrator of career and technical
3505     Section 100.  Subsections (2) and (5) of section 1006.035,
3506Florida Statutes, are amended to read:
3507     1006.035  Dropout reentry and mentor project.--
3508     (2)  The project shall identify 15 black students in each
3509location who have dropped out of high school but were not
3510encountering academic difficulty when they left school. Students
3511chosen to participate may not have a high school diploma, be
3512enrolled in an adult general education program which includes a
3513GED program or an adult high school, or be enrolled in a career
3514center technical school. Students may be employed but must be
3515able to adjust their work schedules to accommodate classes and
3516project sessions. Priority must be given to students who have
3517dropped out of school within the last 3 years.
3518     (5)  Selected project participants shall be evaluated and
3519enrolled in a GED program, regular high school, career center
3520technical school, or alternative school. In conjunction with
3521school guidance personnel, project staff shall design a
3522supplemental program to reinforce basic skills, provide
3523additional counseling, and offer tutorial assistance. Weekly,
3524project staff shall monitor students' attendance, performance,
3525homework, and attitude toward school.
3526     Section 101.  Subsection (1) of section 1006.051, Florida
3527Statutes, is amended to read:
3528     1006.051  Sunshine Workforce Solutions Grant Program.--
3529     (1)  The Legislature recognizes the need for school
3530districts to be able to respond to critical workforce shortages
3531in nursing. The Sunshine Workforce Solutions Grant Program is
3532created to provide grants to school districts on a competitive
3533basis to fund all or some of the costs associated with
3534establishing an exploratory program in nursing at the middle
3535school level or a comprehensive career and technical education
3536program within a high school that provides a program of study in
3537nursing that will provide a seamless transition to appropriate
3538postsecondary education or employment.
3539     (a)  A comprehensive career and technical education program
3540within a high school that provides a program of study in nursing
3541must be certified or endorsed by the Florida Board of Nursing to
3542ensure that all components of the program are relevant and
3543appropriate to prepare the student for further education and
3544employment in nursing.
3545     (b)  For career and technical education programs in which
3546high school credit is articulated to a related postsecondary
3547education program, there must be an articulation agreement that
3548ensures seamless transition from one level to the next without a
3549loss of credit for the student.
3550     (c)  Participation in work-based learning experiences, as
3551defined in rule by the Department of Education, shall be
3552required in career and technical education programs at the high
3553school level.
3554     Section 102.  Paragraph (c) of subsection (3) of section
35551006.21, Florida Statutes, is amended to read:
3556     1006.21  Duties of district school superintendent and
3557district school board regarding transportation.--
3558     (3)  District school boards, after considering
3559recommendations of the district school superintendent:
3560     (c)  May provide transportation for public school migrant,
3561exceptional, nursery, and other public school students in
3562membership below kindergarten; kindergarten through grade 12
3563students in membership in a public school; and adult students in
3564membership in adult career and technical, basic, and high school
3565graduation programs in a public school when, and only when,
3566transportation is necessary to provide adequate educational
3567facilities and opportunities which otherwise would not be
3569     Section 103.  Paragraph (a) of subsection (4) of section
35701006.31, Florida Statutes, is amended to read:
3571     1006.31  Duties of each state instructional materials
3572committee.--The duties of each state instructional materials
3573committee are:
3575carefully all instructional materials submitted, to ascertain
3576which instructional materials, if any, submitted for
3577consideration best implement the selection criteria developed by
3578the commissioner and those curricular objectives included within
3579applicable performance standards provided for in s. 1001.03(1).
3580     (a)  When recommending instructional materials for use in
3581the schools, each committee shall include only instructional
3582materials that accurately portray the ethnic, socioeconomic,
3583cultural, and racial diversity of our society, including men and
3584women in professional, career and technical, and executive
3585roles, and the role and contributions of the entrepreneur and
3586labor in the total development of this state and the United
3589The findings of the committees, including the evaluation of
3590instructional materials, shall be in sessions open to the
3591public. All decisions leading to determinations of the
3592committees shall be by roll call vote, and at no time will a
3593secret ballot be permitted.
3594     Section 104.  Paragraph (a) of subsection (2) and paragraph
3595(b) of subsection (3) of section 1007.21, Florida Statutes, are
3596amended to read:
3597     1007.21  Readiness for postsecondary education and the
3599     (2)(a)  Students entering the 9th grade and their parents
3600shall be active participants in choosing an end-of-high-school
3601student destination based upon both student and parent or
3602guardian goals. Four or more destinations should be available
3603with bridges between destinations to enable students to shift
3604destinations should they choose to change goals. The
3605destinations shall accommodate the needs of students served in
3606exceptional education programs to the extent appropriate for
3607individual students. Exceptional education students may continue
3608to follow the courses outlined in the district school board
3609student progression plan. Participating students and their
3610parents shall choose among destinations, which must include:
3611     1.  Four-year college or university, community college plus
3612university, or military academy.
3613     2.  Two-year postsecondary degree.
3614     3.  Postsecondary career and technical certificate.
3615     4.  Immediate employment or entry-level military.
3616     (3)
3617     (b)  The school principal shall:
3618     1.  Designate a member of the existing instructional or
3619administrative staff to serve as a specialist to help coordinate
3620the use of student achievement strategies to help students
3621succeed in their coursework. The specialist shall also assist
3622teachers in integrating the academic and career and technical
3623curricula, utilizing technology, providing feedback regarding
3624student achievement, and implementing the Blueprint for Career
3625Preparation and Tech Prep programs.
3626     2.  Institute strategies to eliminate reading, writing, and
3627mathematics deficiencies of secondary students.
3628     Section 105.  Paragraph (c) of subsection (1) of section
36291007.23, Florida Statutes, is amended to read:
3630     1007.23  Statewide articulation agreement.--
3631     (1)  The State Board of Education shall establish in rule a
3632statewide articulation agreement that governs:
3633     (c)  Admission of applied technology diploma program
3634graduates from community colleges or career technical centers;
3635     Section 106.  Subsection (2) of section 1007.24, Florida
3636Statutes, is amended to read:
3637     1007.24  Statewide course numbering system.--
3638     (2)  The Commissioner of Education shall appoint faculty
3639committees representing faculties of participating institutions
3640to recommend a single level for each course, including
3641postsecondary career and technical education courses, included
3642in the statewide course numbering system.
3643     (a)  Any course designated as an upper-division-level
3644course must be characterized by a need for advanced academic
3645preparation and skills that a student would be unlikely to
3646achieve without significant prior coursework.
3647     (b)  A course that is offered as part of an associate in
3648science degree program and as an upper-division course for a
3649baccalaureate degree shall be designated for both the lower and
3650upper division.
3651     (c)  A course designated as lower-division may be offered
3652by any community college.
3653     Section 107.  Subsections (2) and (11) of section 1007.25,
3654Florida Statutes, are amended to read:
3655     1007.25  General education courses; common prerequisites;
3656and other degree requirements.--
3657     (2)  The department shall identify postsecondary career and
3658technical education programs offered by community colleges and
3659district school boards. The department shall also identify
3660career and technical courses designated as college credit
3661courses applicable toward a career and technical education
3662diploma or degree. Such courses must be identified within the
3663statewide course numbering system.
3664     (11)  The Commissioner of Education shall appoint faculty
3665committees representing both community college and public school
3666faculties to recommend to the commissioner for approval by the
3667State Board of Education a standard program length and
3668appropriate occupational completion points for each
3669postsecondary career and technical certificate program, diploma,
3670and degree.
3671     Section 108.  Subsection (4) of section 1007.27, Florida
3672Statutes, is amended to read:
3673     1007.27  Articulated acceleration mechanisms.--
3674     (4)  It is the intent of the Legislature to provide
3675articulated acceleration mechanisms for students who are in home
3676education programs, as defined in s. 1003.01(11), consistent
3677with the educational opportunities available to public and
3678private secondary school students. Home education students may
3679participate in dual enrollment, career and technical dual
3680enrollment, early admission, and credit by examination. Credit
3681earned by home education students through dual enrollment shall
3682apply toward the completion of a home education program that
3683meets the requirements of s. 1002.41.
3684     Section 109.  Subsections (1), (3), (4), (8), and (10) of
3685section 1007.271, Florida Statutes, are amended to read:
3686     1007.271  Dual enrollment programs.--
3687     (1)  The dual enrollment program is the enrollment of an
3688eligible secondary student or home education student in a
3689postsecondary course creditable toward a career and technical
3690certificate or an associate or baccalaureate degree.
3691     (3)  The Department of Education shall adopt guidelines
3692designed to achieve comparability across school districts of
3693both student qualifications and teacher qualifications for dual
3694enrollment courses. Student qualifications must demonstrate
3695readiness for college-level coursework if the student is to be
3696enrolled in college courses. Student qualifications must
3697demonstrate readiness for career-level career and technical-
3698level coursework if the student is to be enrolled in career and
3699technical courses. In addition to the common placement
3700examination, student qualifications for enrollment in college
3701credit dual enrollment courses must include a 3.0 unweighted
3702grade point average, and student qualifications for enrollment
3703in career and technical certificate dual enrollment courses must
3704include a 2.0 unweighted grade point average. Exceptions to the
3705required grade point averages may be granted if the educational
3706entities agree and the terms of the agreement are contained
3707within the dual enrollment interinstitutional articulation
3708agreement. Community college boards of trustees may establish
3709additional admissions criteria, which shall be included in the
3710district interinstitutional articulation agreement developed
3711according to s. 1007.235, to ensure student readiness for
3712postsecondary instruction. Additional requirements included in
3713the agreement shall not arbitrarily prohibit students who have
3714demonstrated the ability to master advanced courses from
3715participating in dual enrollment courses. District school boards
3716may not refuse to enter into an agreement with a local community
3717college if that community college has the capacity to offer dual
3718enrollment courses.
3719     (4)  Career and technical dual enrollment shall be provided
3720as a curricular option for secondary students to pursue in order
3721to earn a series of elective credits toward the high school
3722diploma. However, career and technical dual enrollment shall not
3723supplant student acquisition of the diploma. Career and
3724technical dual enrollment shall be available for secondary
3725students seeking a degree or certificate from a complete career-
3726preparatory job-preparatory program, but shall not sustain
3727student enrollment in isolated career and technical courses. It
3728is the intent of the Legislature that career and technical dual
3729enrollment reflect the interests and aptitudes of the student.
3730The provision of a comprehensive academic and career and
3731technical dual enrollment program within the career area
3732technical center or community college is supportive of
3733legislative intent; however, such provision is not mandatory.
3734     (8)  Career and technical early admission is a form of
3735career and technical dual enrollment through which eligible
3736secondary students enroll full time in a career an area
3737technical center or a community college in courses that are
3738creditable toward the high school diploma and the certificate or
3739associate degree. Participation in the career and technical
3740early admission program shall be limited to students who have
3741completed a minimum of 6 semesters of full-time secondary
3742enrollment, including studies undertaken in the ninth grade.
3743Students enrolled pursuant to this section are exempt from the
3744payment of registration, tuition, and laboratory fees.
3745     (10)(a)  The dual enrollment program for home education
3746students consists of the enrollment of an eligible home
3747education secondary student in a postsecondary course creditable
3748toward an associate degree, a career or technical certificate,
3749or a baccalaureate degree. To participate in the dual enrollment
3750program, an eligible home education secondary student must:
3751     1.  Provide proof of enrollment in a home education program
3752pursuant to s. 1002.41.
3753     2.  Be responsible for his or her own instructional
3754materials and transportation unless provided for otherwise.
3755     (b)  Each career technical center, community college, and
3756state university shall:
3757     1.  Delineate courses and programs for dually enrolled home
3758education students. Courses and programs may be added, revised,
3759or deleted at any time.
3760     2.  Identify eligibility criteria for home education
3761student participation, not to exceed those required of other
3762dually enrolled students.
3763     Section 110.  Subsection (1) of section 1008.37, Florida
3764Statutes, is amended to read:
3765     1008.37  Postsecondary feedback of information to high
3767     (1)  The State Board of Education shall adopt rules that
3768require the Commissioner of Education to report to the State
3769Board of Education, the Legislature, and the district school
3770boards on the performance of each first-time-in-postsecondary
3771education student from each public high school in this state who
3772is enrolled in a public postsecondary institution or public
3773career technical center. Such reports must be based on
3774information databases maintained by the Department of Education.
3775In addition, the public postsecondary educational institutions
3776and career technical centers shall provide district school
3777boards access to information on student performance in regular
3778and preparatory courses and shall indicate students referred for
3779remediation pursuant to s. 1004.91 or s. 1008.30.
3780     Section 111.  Paragraph (b) of subsection (1) of section
37811008.385, Florida Statutes, is amended to read:
3782     1008.385  Educational planning and information systems.--
3784     (b)  Each district school board shall maintain a continuing
3785system of planning and budgeting designed to aid in identifying
3786and meeting the educational needs of students and the public.
3787Provision shall be made for coordination between district school
3788boards and community college boards of trustees concerning the
3789planning for career and technical education and adult
3790educational programs. The major emphasis of the system shall be
3791upon locally determined goals and objectives, the state plan for
3792education, and the Sunshine State Standards developed by the
3793Department of Education and adopted by the State Board of
3794Education. The district planning and budgeting system must
3795include consideration of student achievement data obtained
3796pursuant to ss. 1008.22 and 1008.34. The system shall be
3797structured to meet the specific management needs of the district
3798and to align the budget adopted by the district school board
3799with the plan the board has also adopted. Each district school
3800board shall utilize its system of planning and budgeting to
3801emphasize a system of school-based management in which
3802individual school centers become the principal planning units
3803and to integrate planning and budgeting at the school level.
3804     Section 112.  Section 1008.405, Florida Statutes, is
3805amended to read:
3806     1008.405  Adult student information.--Each school district
3807and community college shall maintain sufficient information for
3808each student enrolled in workforce development education to
3809allow local and state administrators to locate such student upon
3810the termination of instruction and to determine the
3811appropriateness of student placement in specific instructional
3812programs. The State Board of Education shall adopt, in rule,
3813specific information that must be maintained and acceptable
3814means of maintaining that information.
3815     Section 113.  Subsections (1) and (2) of section 1008.41,
3816Florida Statutes, are amended to read:
3817     1008.41  Workforce Development education; management
3818information system.--
3819     (1)  The Commissioner of Education shall coordinate uniform
3820program structures, common definitions, and uniform management
3821information systems for workforce development education for all
3822divisions within the department. In performing these functions,
3823the commissioner shall designate deadlines after which data
3824elements may not be changed for the coming fiscal or school
3825year. School districts and community colleges shall be notified
3826of data element changes at least 90 days prior to the start of
3827the subsequent fiscal or school year. Such systems must provide
3829     (a)  Individual student reporting.
3830     (b)  Compliance with state and federal confidentiality
3831requirements, except that the department shall have access to
3832the unemployment insurance wage reports to collect and report
3833placement information about former students. Such placement
3834reports must not disclose the individual identities of former
3836     (c)  Maximum use of automated technology and records in
3837existing data bases and data systems. To the extent feasible,
3838the Florida Information Resource Network shall be employed for
3839this purpose.
3840     (d)  Annual reports of student enrollment, completion, and
3841placement by program.
3842     (2)  The State Board of Education shall identify, by rule,
3843the components to be included in the workforce development
3844education management information system. All such components
3845shall be comparable between school districts and community
3847     Section 114.  Subsection (2) of section 1008.42, Florida
3848Statutes, is amended to read:
3849     1008.42  Public information on career and technical
3850education programs.--
3851     (2)  The dissemination shall be conducted in accordance
3852with the following procedures:
3853     (a)  Annually, the Department of Education shall publish
3854the placement rates and average quarterly earnings for students
3855who complete each type of career technical certificate program
3856and career technical degree program. This information must be
3857aggregated to the state level and must be included in any
3858accountability reports. A program that was created or modified
3859so that placement rates cannot be calculated must be so
3860identified in such reports.
3861     (b)1.  Each district school board shall publish, at a
3862minimum, the most recently available placement rate for each
3863career technical certificate program conducted by that school
3864district at the secondary school level and at the career
3865technical degree level. The placement rates for the preceding 3
3866years shall be published if available, shall be included in each
3867publication that informs the public of the availability of the
3868program, and shall be made available to each school guidance
3869counselor. If a program does not have a placement rate, a
3870publication that lists or describes that program must state that
3871the rate is unavailable.
3872     2.  Each community college shall publish, at a minimum, the
3873most recent placement rate for each career technical certificate
3874program and for each career technical degree program in its
3875annual catalog. The placement rates for the preceding 3 years
3876shall be published, if available, and shall be included in any
3877publication that informs the public of the availability of the
3878program. If a program does not have a placement rate, the
3879publication that lists or describes that program must state that
3880the rate is unavailable.
3881     3.  If a school district or a community college has
3882calculated for a program a placement rate that differs from the
3883rate reported by the department, and if each record of a
3884placement was obtained through a process that was capable of
3885being audited, procedurally sound, and consistent statewide, the
3886district or the community college may use the locally calculated
3887placement rate in the report required by this section. However,
3888that rate may not be combined with the rate maintained in the
3889computer files of the Department of Education's Florida
3890Education and Training Placement Information Program.
3891     4.  An independent career and technical, trade, or business
3892school may not publish a placement rate unless the placement
3893rate was determined as provided by this section.
3894     Section 115.  Paragraphs (a) and (c) of subsection (1) and
3895subsection (2) of section 1008.43, Florida Statutes, are amended
3896to read:
3897     1008.43  Career and technical program reporting
3899     (1)(a)  The Department of Education shall develop a system
3900of performance measures in order to evaluate the career and
3901technical education programs as required in s. 1008.42. This
3902system must measure program enrollment, completion rates,
3903placement rates, and amount of earnings at the time of
3904placement. Placement and employment information, where
3905applicable, shall contain data relevant to job retention,
3906including retention rates. The State Board of Education shall
3907adopt by rule the specific measures and any definitions needed
3908to establish the system of performance measures.
3909     (c)  The State Board of Education shall adopt standards for
3910the department, district school boards, and community college
3911district boards of trustees to use in program planning, program
3912review, and program evaluation. The standards must include, at a
3913minimum, the completion rates, placement rates, and earnings
3914from employment of former students of career and technical
3915education programs.
3916     (2)  The State Board of Education shall adopt procedures
3917for reviewing the career and technical education programs
3918administered by the district school boards and the community
3919college district boards of trustees when program performance
3920falls below the standards required by this section.
3921     Section 116.  Paragraphs (d) and (f) of subsection (1) of
3922section 1008.45, Florida Statutes, are amended to read:
3923     1008.45  Community college accountability process.--
3924     (1)  It is the intent of the Legislature that a management
3925and accountability process be implemented which provides for the
3926systematic, ongoing improvement and assessment of the
3927improvement of the quality and efficiency of the Florida
3928community colleges. Accordingly, the State Board of Education
3929and the community college boards of trustees shall develop and
3930implement an accountability plan to improve and evaluate the
3931instructional and administrative efficiency and effectiveness of
3932the Florida Community College System. This plan shall be
3933designed in consultation with staff of the Governor and the
3934Legislature and must address the following issues:
3935     (d)  Job placement rates of community college career and
3936technical students.
3937     (f)  Career and technical accountability standards
3938identified in s. 1008.42.
3939     Section 117.  Subsection (14) of section 1009.23, Florida
3940Statutes, is amended to read:
3941     1009.23  Community college student fees.--
3942     (14)  Each community college board of trustees shall report
3943only those students who have actually enrolled in instruction
3944provided or supervised by instructional personnel under contract
3945with the community college in calculations of actual full-time
3946equivalent enrollments for state funding purposes.  No student
3947who has been exempted from taking a course or who has been
3948granted academic or career technical credit through means other
3949than actual coursework completed at the granting institution
3950shall be calculated for enrollment in the course from which he
3951or she has been exempted or granted credit. Community colleges
3952that report enrollments in violation of this subsection shall be
3953penalized at a rate equal to two times the value of such
3954enrollments. Such penalty shall be charged against the following
3955year's allocation from the Community College Program Fund and
3956shall revert to the General Revenue Fund.
3957     Section 118.  Subsections (1) and (2) of section 1009.25,
3958Florida Statutes, are amended to read:
3959     1009.25  Fee exemptions.--
3960     (1)  The following students are exempt from any requirement
3961for the payment of tuition and fees, including lab fees, for
3962adult basic, adult secondary, or career-preparatory vocational-
3963preparatory instruction:
3964     (a)  A student who does not have a high school diploma or
3965its equivalent.
3966     (b)  A student who has a high school diploma or its
3967equivalent and who has academic skills at or below the eighth
3968grade level pursuant to state board rule. A student is eligible
3969for this exemption from fees if the student's skills are at or
3970below the eighth grade level as measured by a test administered
3971in the English language and approved by the Department of
3972Education, even if the student has skills above that level when
3973tested in the student's native language.
3974     (2)  The following students are exempt from the payment of
3975tuition and fees, including lab fees, at a school district that
3976provides postsecondary career and technical programs, community
3977college, or state university:
3978     (a)  A student enrolled in a dual enrollment or early
3979admission program pursuant to s. 1007.27 or s. 1007.271.
3980     (b)  A student enrolled in an approved apprenticeship
3981program, as defined in s. 446.021.
3982     (c)  A student to whom the state has awarded a Road-to-
3983Independence Scholarship, or who is or was at the time he or she
3984reached 18 years of age in the custody of a relative under s.
398539.5085, or who is adopted from the Department of Children and
3986Family Services after May 5, 1997. Such exemption includes fees
3987associated with enrollment in career-preparatory vocational-
3988preparatory instruction and completion of the college-level
3989communication and computation skills testing program. Such an
3990exemption is available to any student who was in the custody of
3991a relative under s. 39.5085 at the time he or she reached 18
3992years of age or was adopted from the Department of Children and
3993Family Services after May 5, 1997; however, the exemption
3994remains valid for no more than 4 years after the date of
3995graduation from high school.
3996     (d)  A student enrolled in an employment and training
3997program under the welfare transition program. The regional
3998workforce board shall pay the state university, community
3999college, or school district for costs incurred for welfare
4000transition program participants.
4001     (e)  A student who lacks a fixed, regular, and adequate
4002nighttime residence or whose primary nighttime residence is a
4003public or private shelter designed to provide temporary
4004residence for individuals intended to be institutionalized, or a
4005public or private place not designed for, or ordinarily used as,
4006a regular sleeping accommodation for human beings.
4007     (f)  A student who is a proprietor, owner, or worker of a
4008company whose business has been at least 50 percent negatively
4009financially impacted by the buy-out of property around Lake
4010Apopka by the State of Florida. Such a student may receive a fee
4011exemption only if the student has not received compensation
4012because of the buy-out, the student is designated a Florida
4013resident for tuition purposes, pursuant to s. 1009.21, and the
4014student has applied for and been denied financial aid, pursuant
4015to s. 1009.40, which would have provided, at a minimum, payment
4016of all student fees. The student is responsible for providing
4017evidence to the postsecondary education institution verifying
4018that the conditions of this paragraph have been met, including
4019support documentation provided by the Department of Revenue. The
4020student must be currently enrolled in, or begin coursework
4021within, a program area by fall semester 2000. The exemption is
4022valid for a period of 4 years from the date that the
4023postsecondary education institution confirms that the conditions
4024of this paragraph have been met.
4025     Section 119.  Paragraph (a) of subsection (1) of section
40261009.40, Florida Statutes, is amended to read:
4027     1009.40  General requirements for student eligibility for
4028state financial aid.--
4029     (1)(a)  The general requirements for eligibility of
4030students for state financial aid awards consist of the
4032     1.  Achievement of the academic requirements of and
4033acceptance at a state university or community college; a nursing
4034diploma school approved by the Florida Board of Nursing; a
4035Florida college, university, or community college which is
4036accredited by an accrediting agency recognized by the State
4037Board of Education; any Florida institution the credits of which
4038are acceptable for transfer to state universities; any career
4039technical center; or any private career technical institution
4040accredited by an accrediting agency recognized by the State
4041Board of Education.
4042     2.  Residency in this state for no less than 1 year
4043preceding the award of aid for a program established pursuant to
4044s. 1009.50, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s.
40451009.56, s. 1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s.
40461009.68, s. 1009.72, s. 1009.73, s. 1009.76, s. 1009.77, or s.
40471009.89. Residency in this state must be for purposes other than
4048to obtain an education. Resident status for purposes of
4049receiving state financial aid awards shall be determined in the
4050same manner as resident status for tuition purposes pursuant to
4051s. 1009.21 and rules of the State Board of Education.
4052     3.  Submission of certification attesting to the accuracy,
4053completeness, and correctness of information provided to
4054demonstrate a student's eligibility to receive state financial
4055aid awards. Falsification of such information shall result in
4056the denial of any pending application and revocation of any
4057award currently held to the extent that no further payments
4058shall be made. Additionally, students who knowingly make false
4059statements in order to receive state financial aid awards shall
4060be guilty of a misdemeanor of the second degree subject to the
4061provisions of s. 837.06 and shall be required to return all
4062state financial aid awards wrongfully obtained.
4063     Section 120.  Subsection (2) of section 1009.532, Florida
4064Statutes, is amended to read:
4065     1009.532  Florida Bright Futures Scholarship Program;
4066student eligibility requirements for renewal awards.--
4067     (2)  A student who is enrolled in a program that terminates
4068in an associate degree or a baccalaureate degree may receive an
4069award for a maximum of 110 percent of the number of credit hours
4070required to complete the program. A student who is enrolled in a
4071program that terminates in a career technical certificate may
4072receive an award for a maximum of 110 percent of the credit
4073hours or clock hours required to complete the program up to 90
4074credit hours. A student who transfers from one of these program
4075levels to another becomes eligible for the higher of the two
4076credit hour limits.
4077     Section 121.  Subsection (1) of section 1009.533, Florida
4078Statutes, is amended to read:
4079     1009.533  Florida Bright Futures Scholarship Program;
4080eligible postsecondary education institutions.--A student is
4081eligible for an award or the renewal of an award from the
4082Florida Bright Futures Scholarship Program if the student meets
4083the requirements for the program as described in this act and is
4084enrolled in a postsecondary education institution that meets the
4085description in any one of the following subsections:
4086     (1)  A Florida public university, community college, or
4087career technical center.
4088     Section 122.  Section 1009.536, Florida Statutes, is
4089amended to read:
4090     1009.536  Florida Gold Seal Vocational Scholars award.--The
4091Florida Gold Seal Vocational Scholars award is created within
4092the Florida Bright Futures Scholarship Program to recognize and
4093reward academic achievement and career and technical preparation
4094by high school students who wish to continue their education.
4095     (1)  A student is eligible for a Florida Gold Seal
4096Vocational Scholars award if the student meets the general
4097eligibility requirements for the Florida Bright Futures
4098Scholarship Program and the student:
4099     (a)  Completes the secondary school portion of a sequential
4100program of studies that requires at least three secondary school
4101career and technical credits taken over at least 2 academic
4102years, and is continued in a planned, related postsecondary
4103education program. If the student's school does not offer such a
4104two-plus-two or tech-prep program, the student must complete a
4105job-preparatory career education program selected by the
4106Workforce Estimating Conference or Workforce Florida, Inc., for
4107its ability to provide high-wage employment in an occupation
4108with high potential for employment opportunities. On-the-job
4109training may not be substituted for any of the three required
4110career and technical credits.
4111     (b)  Demonstrates readiness for postsecondary education by
4112earning a passing score on the Florida College Entry Level
4113Placement Test or its equivalent as identified by the Department
4114of Education.
4115     (c)  Earns a minimum cumulative weighted grade point
4116average of 3.0, as calculated pursuant to s. 1009.531, on all
4117subjects required for a standard high school diploma, excluding
4118elective courses.
4119     (d)  Earns a minimum unweighted grade point average of 3.5
4120on a 4.0 scale for secondary career and technical courses
4121comprising the career and technical program.
4122     (2)  A Florida Gold Seal Vocational Scholar is eligible for
4123an award equal to the amount required to pay 75 percent of
4124tuition and fees, if the student is enrolled in a public
4125postsecondary education institution. A student who is enrolled
4126in a nonpublic postsecondary education institution is eligible
4127for an award equal to the amount that would be required to pay
412875 percent of the tuition and mandatory fees of a public
4129postsecondary education institution at the comparable level.
4130     (3)  To be eligible for a renewal award as a Florida Gold
4131Seal Vocational Scholar, a student must maintain the equivalent
4132of a cumulative grade point average of 2.75 on a 4.0 scale with
4133an opportunity for reinstatement one time as provided in this
4135     (4)  A student may earn a Florida Gold Seal Vocational
4136Scholarship for 110 percent of the number of credit hours
4137required to complete the program, up to 90 credit hours or the
4138equivalent. A Florida Gold Seal Scholar who has a cumulative
4139grade point average of 2.75 in all postsecondary education work
4140attempted may apply for a Florida Medallion Scholars award at
4141any renewal period. All other provisions of that program apply,
4142and the credit-hour limitation must be calculated by subtracting
4143from the student's total eligibility the number of credit hours
4144the student attempted while earning the Gold Seal Vocational
4146     Section 123.  Paragraph (d) of subsection (2) and paragraph
4147(c) of subsection (3) of section 1009.55, Florida Statutes, are
4148amended to read:
4149     1009.55  Rosewood Family Scholarship Program.--
4150     (2)  The Rosewood Family Scholarship Program shall be
4151administered by the Department of Education. The State Board of
4152Education shall adopt rules for administering this program which
4153shall at a minimum provide for the following:
4154     (d)  Payment of an award shall be transmitted in advance of
4155the registration period each semester on behalf of the student
4156to the president of the university or community college, or his
4157or her representative, or to the director of the career center
4158technical school which the recipient is attending.
4159     (3)  Beginning with the 1994-1995 academic year, the
4160department is authorized to make awards for undergraduate study
4161to students who:
4162     (c)  Enroll as certificate-seeking or degree-seeking
4163students at a state university, community college, or career
4164center technical school authorized by law.
4165     Section 124.  Paragraph (c) of subsection (1) of section
41661009.61, Florida Statutes, is amended to read:
4167     1009.61  Teacher/Quest Scholarship Program.--The
4168Teacher/Quest Scholarship Program is created for the purpose of
4169providing teachers with the opportunity to enhance their
4170knowledge of science, mathematics, and computer applications in
4171business, industry, and government. A school district or
4172developmental research school may propose that one or more
4173teachers be granted a Teacher/Quest Scholarship by submitting to
4174the Department of Education:
4175     (1)  A project proposal specifying activities a teacher
4176will carry out to improve his or her:
4177     (c)  Knowledge of career and technical requirements for
4178competency in mathematics, science, and computing; and
4179     Section 125.  Subsection (4) and paragraph (a) of
4180subsection (6) of section 1009.64, Florida Statutes, are amended
4181to read:
4182     1009.64  Certified Education Paraprofessional Welfare
4183Transition Program.--
4184     (4)  The agencies shall complete an implementation plan
4185that addresses at least the following recommended components of
4186the program:
4187     (a)  A method of selecting participants. The method must
4188not duplicate services provided by those assigned to screen
4189participants of the welfare transition program, but must assure
4190that screening personnel are trained to identify recipients of
4191public assistance whose personal aptitudes and motivation make
4192them most likely to succeed in the program and advance in a
4193career related to the school community.
4194     (b)  A budget for use of incentive funding to provide
4195motivation to participants to succeed and excel. The budget for
4196incentive funding includes:
4197     1.  Funds allocated by the Legislature directly for the
4199     2.  Funds that may be made available from the federal
4200Workforce Investment Act based on client eligibility or
4201requested waivers to make the clients eligible.
4202     3.  Funds made available by implementation strategies that
4203would make maximum use of work supplementation funds authorized
4204by federal law.
4205     4.  Funds authorized by strategies to lengthen
4206participants' eligibility for federal programs such as Medicaid,
4207subsidized child care, and transportation.
4209Incentives may include a stipend during periods of college
4210classroom training, a bonus and recognition for a high grade-
4211point average, child care and prekindergarten services for
4212children of participants, and services to increase a
4213participant's ability to advance to higher levels of employment.
4214Nonfinancial incentives should include providing a mentor or
4215tutor, and service incentives should continue and increase for
4216any participant who plans to complete the baccalaureate degree
4217and become a certified teacher. Services may be provided in
4218accordance with family choice by community colleges and school
4219district career technical centers, through family service
4220centers and full-service schools, or under contract with
4221providers through central agencies.
4222     (6)(a)  A community college or school district career
4223technical center is eligible to participate if it provides a
4224career technical certificate program in Child Development Early
4225Intervention as approved by Workforce Florida, Inc. Priority
4226programs provide an option and incentives to articulate with an
4227associate in science degree program or a baccalaureate degree
4229     Section 126.  Subsection (3) of section 1009.98, Florida
4230Statutes, is amended to read:
4231     1009.98  Florida Prepaid College Program.--
4234CENTERS.--A qualified beneficiary may apply the benefits of an
4235-A qualified beneficiary may apply the benefits of an advance
4236payment contract toward:
4237     (a)  An independent college or university that is located
4238and chartered in Florida, that is not for profit, that is
4239accredited by the Commission on Colleges of the Southern
4240Association of Colleges and Schools or the Accrediting Council
4241for Independent Colleges and Schools, and that confers degrees
4242as defined in s. 1005.02.
4243     (b)  An out-of-state college or university that is not for
4244profit and is accredited by a regional accrediting association,
4245and that confers degrees.
4246     (c)  An applied technology diploma program or career
4247technical certificate program conducted by a community college
4248listed in s. 1004.02(2) or career technical center operated by a
4249district school board.
4251The board shall transfer or cause to be transferred to the
4252institution designated by the qualified beneficiary an amount
4253not to exceed the redemption value of the advance payment
4254contract at a state postsecondary institution. If the cost of
4255registration or housing fees at such institution is less than
4256the corresponding fees at a state postsecondary institution, the
4257amount transferred may not exceed the actual cost of
4258registration and housing fees. A transfer authorized under this
4259subsection may not exceed the number of semester credit hours or
4260semesters of dormitory residence contracted on behalf of a
4261qualified beneficiary. Notwithstanding any other provision in
4262this section, an institution must be an "eligible educational
4263institution" under s. 529 of the Internal Revenue Code to be
4264eligible for the transfer of advance payment contract benefits.
4265     Section 127.  Paragraph (a) of subsection (3) of section
42661010.20, Florida Statutes, is amended to read:
4267     1010.20  Cost accounting and reporting for school
4270     (a)  Each district shall expend at least the percent of the
4271funds generated by each of the programs listed in this section
4272on the aggregate total school costs for such programs:
4273     1.  Kindergarten and grades 1, 2, and 3, 90 percent.
4274     2.  Grades 4, 5, 6, 7, and 8, 80 percent.
4275     3.  Grades 9, 10, 11, and 12, 80 percent.
4276     4.  Programs for exceptional students, on an aggregate
4277program basis, 90 percent.
4278     5.  Grades 7 through 12 career and technical education
4279programs, on an aggregate program basis, 80 percent.
4280     6.  Students-at-risk programs, on an aggregate program
4281basis, 80 percent.
4282     7.  Juvenile justice programs, on an aggregate program
4283basis, 80 percent.
4284     8.  Any new program established and funded under s.
42851011.62(1)(c), that is not included under subparagraphs 1.-6.,
4286on an aggregate basis as appropriate, 80 percent.
4287     Section 128.  Subsection (1) of section 1010.58, Florida
4288Statutes, is amended to read:
4289     1010.58  Procedure for determining number of instruction
4290units for community colleges.--The number of instruction units
4291for community colleges shall be determined from the full-time
4292equivalent students in the community college, provided that
4293full-time equivalent students may not be counted more than once
4294in determining instruction units. Instruction units for
4295community colleges shall be computed as follows:
4296     (1)  One unit for each 12 full-time equivalent students at
4297a community college for the first 420 students and one unit for
4298each 15 full-time equivalent students for all over 420 students,
4299in other than career and technical education programs as defined
4300by rules of the State Board of Education, and one unit for each
430110 full-time equivalent students in career and technical
4302education programs and compensatory education programs as
4303defined by rules of the State Board of Education. Full-time
4304equivalent students enrolled in a community college shall be
4305defined by rules of the State Board of Education.
4306     Section 129.  Paragraphs (c), (d), and (e) of subsection
4307(1) of section 1011.62, Florida Statutes, are amended to read:
4308     1011.62  Funds for operation of schools.--If the annual
4309allocation from the Florida Education Finance Program to each
4310district for operation of schools is not determined in the
4311annual appropriations act or the substantive bill implementing
4312the annual appropriations act, it shall be determined as
4315OPERATION.--The following procedure shall be followed in
4316determining the annual allocation to each district for
4318     (c)  Determination of programs.--Cost factors based on
4319desired relative cost differences between the following programs
4320shall be established in the annual General Appropriations Act.
4321The Commissioner of Education shall specify a matrix of services
4322and intensity levels to be used by districts in the
4323determination of the two weighted cost factors for exceptional
4324students with the highest levels of need. For these students,
4325the funding support level shall fund the exceptional students'
4326education program, with the exception of extended school year
4327services for students with disabilities.
4328     1.  Basic programs.--
4329     a.  Kindergarten and grades 1, 2, and 3.
4330     b.  Grades 4, 5, 6, 7, and 8.
4331     c.  Grades 9, 10, 11, and 12.
4332     2.  Programs for exceptional students.--
4333     a.  Support Level IV.
4334     b.  Support Level V.
4335     3.  Secondary career and technical education programs.--
4336     4.  English for Speakers of Other Languages.--
4337     (d)  Annual allocation calculation.--
4338     1.  The Department of Education is authorized and directed
4339to review all district programs and enrollment projections and
4340calculate a maximum total weighted full-time equivalent student
4341enrollment for each district for the K-12 FEFP.
4342     2.  Maximum enrollments calculated by the department shall
4343be derived from enrollment estimates used by the Legislature to
4344calculate the FEFP.  If two or more districts enter into an
4345agreement under the provisions of s. 1001.42(4)(d), after the
4346final enrollment estimate is agreed upon, the amount of FTE
4347specified in the agreement, not to exceed the estimate for the
4348specific program as identified in paragraph (c), may be
4349transferred from the participating districts to the district
4350providing the program.
4351     3.  As part of its calculation of each district's maximum
4352total weighted full-time equivalent student enrollment, the
4353department shall establish separate enrollment ceilings for each
4354of two program groups. Group 1 shall be composed of basic
4355programs for grades K-3, grades 4-8, and grades 9-12. Group 2
4356shall be composed of students in exceptional student education
4357programs, English for Speakers of Other Languages programs, and
4358all career and technical programs in grades 7-12.
4359     a.  The weighted enrollment ceiling for group 2 programs
4360shall be calculated by multiplying the final enrollment
4361conference estimate for each program by the appropriate program
4362weight.  The weighted enrollment ceiling for program group 2
4363shall be the sum of the weighted enrollment ceilings for each
4364program in the program group, plus the increase in weighted
4365full-time equivalent student membership from the prior year for
4366clients of the Department of Children and Family Services and
4367the Department of Juvenile Justice.
4368     b.  If, for any calculation of the FEFP, the weighted
4369enrollment for program group 2, derived by multiplying actual
4370enrollments by appropriate program weights, exceeds the
4371enrollment ceiling for that group, the following procedure shall
4372be followed to reduce the weighted enrollment for that group to
4373equal the enrollment ceiling:
4374     (I)  The weighted enrollment ceiling for each program in
4375the program group shall be subtracted from the weighted
4376enrollment for that program derived from actual enrollments.
4377     (II)  If the difference calculated under sub-sub-
4378subparagraph (I) is greater than zero for any program, a
4379reduction proportion shall be computed for the program by
4380dividing the absolute value of the difference by the total
4381amount by which the weighted enrollment for the program group
4382exceeds the weighted enrollment ceiling for the program group.
4383     (III)  The reduction proportion calculated under sub-sub-
4384subparagraph (II) shall be multiplied by the total amount of the
4385program group's enrollment over the ceiling as calculated under
4386sub-sub-subparagraph (I).
4387     (IV)  The prorated reduction amount calculated under sub-
4388sub-subparagraph(III) shall be subtracted from the program's
4389weighted enrollment.  For any calculation of the FEFP, the
4390enrollment ceiling for group 1 shall be calculated by
4391multiplying the actual enrollment for each program in the
4392program group by its appropriate program weight.
4393     c.  For program group 2, the weighted enrollment ceiling
4394shall be a number not less than the sum obtained by:
4395     (I)  Multiplying the sum of reported FTE for all programs
4396in the program group that have a cost factor of 1.0 or more by
43971.0, and
4398     (II)  By adding this number to the sum obtained by
4399multiplying the projected FTE for all programs with a cost
4400factor less than 1.0 by the actual cost factor.
4401     4.  Following completion of the weighted enrollment ceiling
4402calculation as provided in subparagraph 3., a supplemental
4403capping calculation shall be employed for those districts that
4404are over their weighted enrollment ceiling. For each such
4405district, the total reported unweighted FTE enrollment for group
44062 programs shall be compared with the total appropriated
4407unweighted FTE enrollment for group 2 programs. If the total
4408reported unweighted FTE for group 2 is greater than the
4409appropriated unweighted FTE, then the excess unweighted FTE up
4410to the unweighted FTE transferred from group 2 to group 1 for
4411each district by the Public School FTE Estimating Conference
4412shall be funded at a weight of 1.0 and added to the funded
4413weighted FTE computed in subparagraph 3.
4414     (e)  Funding model for exceptional student education
4416     1.a.  The funding model uses basic, at-risk, support levels
4417IV and V for exceptional students and career and technical
4418Florida Education Finance Program cost factors, and a guaranteed
4419allocation for exceptional student education programs.
4420Exceptional education cost factors are determined by using a
4421matrix of services to document the services that each
4422exceptional student will receive. The nature and intensity of
4423the services indicated on the matrix shall be consistent with
4424the services described in each exceptional student's individual
4425educational plan.
4426     b.  In order to generate funds using one of the two
4427weighted cost factors, a matrix of services must be completed at
4428the time of the student's initial placement into an exceptional
4429student education program and at least once every 3 years by
4430personnel who have received approved training. Nothing listed in
4431the matrix shall be construed as limiting the services a school
4432district must provide in order to ensure that exceptional
4433students are provided a free, appropriate public education.
4434     c.  Students identified as exceptional, in accordance with
4435chapter 6A-6, Florida Administrative Code, who do not have a
4436matrix of services as specified in sub-subparagraph b. shall
4437generate funds on the basis of full-time-equivalent student
4438membership in the Florida Education Finance Program at the same
4439funding level per student as provided for basic students.
4440Additional funds for these exceptional students will be provided
4441through the guaranteed allocation designated in subparagraph 2.
4442     2.  For students identified as exceptional who do not have
4443a matrix of services, there is created a guaranteed allocation
4444to provide these students with a free appropriate public
4445education, in accordance with s. 1001.42(4)(m) and rules of the
4446State Board of Education, which shall be allocated annually to
4447each school district in the amount provided in the General
4448Appropriations Act. These funds shall be in addition to the
4449funds appropriated on the basis of FTE student membership in the
4450Florida Education Finance Program, and the amount allocated for
4451each school district shall not be recalculated during the year.
4452These funds shall be used to provide special education and
4453related services for exceptional students.
4454     Section 130.  Paragraph (d) of subsection (1) of section
44551011.68, Florida Statutes, is amended to read:
4456     1011.68  Funds for student transportation.--The annual
4457allocation to each district for transportation to public school
4458programs, including charter schools as provided in s.
44591002.33(17)(b), of students in membership in kindergarten
4460through grade 12 and in migrant and exceptional student programs
4461below kindergarten shall be determined as follows:
4462     (1)  Subject to the rules of the State Board of Education,
4463each district shall determine the membership of students who are
4465     (d)  By reason of being career and technical, dual
4466enrollment, or students with disabilities transported from one
4467school center to another to participate in an instructional
4468program or service; or students with disabilities, transported
4469from one designation to another in the state, provided one
4470designation is a school center and provided the student's
4471individual educational plan (IEP) identifies the need for the
4472instructional program or service and transportation to be
4473provided by the school district. A "school center" is defined as
4474a public school center, community college, state university, or
4475other facility rented, leased, or owned and operated by the
4476school district or another public agency. A "dual enrollment
4477student" is defined as a public school student in membership in
4478both a public secondary school program and a community college
4479or a state university program under a written agreement to
4480partially fulfill ss. 1003.435 and 1007.23 and earning full-time
4481equivalent membership under s. 1011.62(1)(i).
4482     Section 131.  Paragraph (a) of subsection (2), subsection
4483(3), and paragraph (b) of subsection (6) of section 1012.01,
4484Florida Statutes, are amended to read:
4485     1012.01  Definitions.--Specific definitions shall be as
4486follows, and wherever such defined words or terms are used in
4487the Florida K-20 Education Code, they shall be used as follows:
4488     (2)  INSTRUCTIONAL PERSONNEL.--"Instructional personnel"
4489means any staff member whose function includes the provision of
4490direct instructional services to students. Instructional
4491personnel also includes personnel whose functions provide direct
4492support in the learning process of students. Included in the
4493classification of instructional personnel are:
4494     (a)  Classroom teachers.--Classroom teachers are staff
4495members assigned the professional activity of instructing
4496students in courses in classroom situations, including basic
4497instruction, exceptional student education, career and technical
4498education, and adult education, including substitute teachers.
4499     (3)  ADMINISTRATIVE PERSONNEL.--"Administrative personnel"
4500includes personnel who perform management activities such as
4501developing broad policies for the school district and executing
4502those policies through the direction of personnel at all levels
4503within the district. Administrative personnel are generally
4504high-level, responsible personnel who have been assigned the
4505responsibilities of systemwide or schoolwide functions, such as
4506district school superintendents, assistant superintendents,
4507deputy superintendents, school principals, assistant principals,
4508career technical center directors, and others who perform
4509management activities. Broad classifications of administrative
4510personnel are as follows:
4511     (a)  District-based instructional administrators.--Included
4512in this classification are persons with district-level
4513administrative or policymaking duties who have broad authority
4514for management policies and general school district operations
4515related to the instructional program. Such personnel often
4516report directly to the district school superintendent and
4517supervise other administrative employees. This classification
4518includes assistant, associate, or deputy superintendents and
4519directors of major instructional areas, such as curriculum,
4520federal programs such as Title I, specialized instructional
4521program areas such as exceptional student education, career and
4522technical education, and similar areas.
4523     (b)  District-based noninstructional
4524administrators.--Included in this classification are persons
4525Included in this classification are persons with district-level
4526administrative or policymaking duties who have broad authority
4527for management policies and general school district operations
4528related to the noninstructional program. Such personnel often
4529report directly to the district school superintendent and
4530supervise other administrative employees. This classification
4531includes assistant, associate, or deputy superintendents and
4532directors of major noninstructional areas, such as personnel,
4533construction, facilities, transportation, data processing, and
4535     (c)  School administrators.--Included in this
4536classification are:
4537     1.  School principals or school directors who are staff
4538members performing the assigned activities as the administrative
4539head of a school and to whom have been delegated responsibility
4540for the coordination and administrative direction of the
4541instructional and noninstructional activities of the school.
4542This classification also includes career technical center
4544     2.  Assistant principals who are staff members assisting
4545the administrative head of the school. This classification also
4546includes assistant principals for curriculum and administration.
4547     (6)  EDUCATIONAL SUPPORT EMPLOYEES.--"Educational support
4548employees" means employees whose job functions are neither
4549administrative nor instructional, yet whose work supports the
4550educational process.
4551     (b)  Technicians are individuals whose occupations require
4552a combination of knowledge and manual skill which can be
4553obtained through about 2 years of post-high school education,
4554such as is offered in many career centers technical institutes
4555and community colleges, or through equivalent on-the-job
4557     Section 132.  Paragraph (c) of subsection (1) of section
45581012.39, Florida Statutes, is amended to read:
4559     1012.39  Employment of substitute teachers, teachers of
4560adult education, nondegreed teachers of career education, and
4561career specialists; students performing clinical field
4563     (1)  Notwithstanding ss. 1012.32, 1012.55, 1012.56, and
45641012.57, or any other provision of law or rule to the contrary,
4565each district school board shall establish the minimal
4566qualifications for:
4567     (c)  Part-time and full-time nondegreed teachers of career
4568and technical programs. Qualifications shall be established for
4569agriculture, business, health occupations, family and consumer
4570sciences, industrial, marketing, career specialist, and public
4571service education teachers, based primarily on successful
4572occupational experience rather than academic training. The
4573qualifications for such teachers shall require:
4574     1.  The filing of a complete set of fingerprints in the
4575same manner as required by s. 1012.32. Faculty employed solely
4576to conduct postsecondary instruction may be exempted from this
4578     2.  Documentation of education and successful occupational
4579experience including documentation of:
4580     a.  A high school diploma or the equivalent.
4581     b.  Completion of 6 years of full-time successful
4582occupational experience or the equivalent of part-time
4583experience in the teaching specialization area. Alternate means
4584of determining successful occupational experience may be
4585established by the district school board.
4586     c.  Completion of career education training conducted
4587through the local school district inservice master plan.
4588     d.  For full-time teachers, completion of professional
4589education training in teaching methods, course construction,
4590lesson planning and evaluation, and teaching special needs
4591students. This training may be completed through coursework from
4592an accredited or approved institution or an approved district
4593teacher education program.
4594     e.  Demonstration of successful teaching performance.
4595     Section 133.  Section 1012.41, Florida Statutes, is amended
4596to read:
4597     1012.41  Employment of directors of career and technical
4598education.--In order to receive state funding, each district
4599school board that employs at least 15 full-time equivalent
4600career and technical teachers must employ a director of career
4601and technical education who meets the certification requirements
4602established by the State Board of Education. The directors shall
4603be directly accountable to the district school superintendent,
4604or his or her designee, for the planning and implementation of
4605career and technical programs. Two or more district school
4606boards may employ a single director.
4607     Section 134.  Section 1012.43, Florida Statutes, is amended
4608to read:
4609     1012.43  Career and technical teachers.--
4610     (1)  Career and technical teachers and other teachers who
4611qualify for certificates on the basis of nonacademic preparation
4612shall be entitled to all the contractual rights and privileges
4613now granted to other instructional personnel holding equivalent
4615     (2)  A holder of a certificate based on nonacademic
4616preparation which entitled him or her to employment to teach
4617classes in career and technical or adult education shall not be
4618assigned to teach in a regular academic field of the
4619kindergarten through grade 12 school program.
4620     Section 135.  Paragraph (a) of subsection (10) of section
46211013.03, Florida Statutes, is amended to read:
4622     1013.03  Functions of the department.--The functions of the
4623Department of Education as it pertains to educational facilities
4624shall include, but not be limited to, the following:
4625     (10)(a)  Review and validate surveys proposed or amended by
4626the boards and recommend to the Commissioner of Education, for
4627approval, surveys that meet the requirements of this chapter.
4628     1.  The term "validate" as applied to surveys by school
4629districts means to review inventory data as submitted to the
4630department by district school boards; provide for review and
4631inspection, where required, of student stations and aggregate
4632square feet of inventory changed from satisfactory to
4633unsatisfactory or changed from unsatisfactory to satisfactory;
4634compare new school inventory to allocation limits provided by
4635this chapter; review cost projections for conformity with cost
4636limits set by s. 1013.64(6); compare total capital outlay full-
4637time equivalent enrollment projections in the survey with the
4638department's projections; review facilities lists to verify that
4639student station and auxiliary facility space allocations do not
4640exceed the limits provided by this chapter and related rules;
4641review and confirm the application of uniform facility
4642utilization factors, where provided by this chapter or related
4643rules; utilize the documentation of programs offered per site,
4644as submitted by the board, to analyze facility needs; confirm
4645that need projections for career and technical and adult
4646educational programs comply with needs documented by the Office
4647of Workforce and Economic Development; and confirm the
4648assignment of full-time student stations to all space except
4649auxiliary facilities, which, for purposes of exemption from
4650student station assignment, include the following:
4651     a.  Cafeterias.
4652     b.  Multipurpose dining areas.
4653     c.  Media centers.
4654     d.  Auditoriums.
4655     e.  Administration.
4656     f.  Elementary, middle, and high school resource rooms, up
4657to the number of such rooms recommended for the applicable
4658occupant and space design capacity of the educational plant in
4659the State Requirements for Educational Facilities, beyond which
4660student stations must be assigned.
4661     g.  Elementary school skills labs, up to the number of such
4662rooms recommended for the applicable occupant and space design
4663capacity of the educational plant in the State Requirements for
4664Educational Facilities, beyond which student stations must be
4666     h.  Elementary school art and music rooms.
4667     2.  The term "validate" as applied to surveys by community
4668colleges and universities means to review and document the
4669approval of each new site and official designation, where
4670applicable; review the inventory database as submitted by each
4671board to the department, including noncareer and technical, and
4672total capital outlay full-time equivalent enrollment projections
4673per site and per college; provide for the review and inspection,
4674where required, of student stations and aggregate square feet of
4675space changed from satisfactory to unsatisfactory; utilize and
4676review the documentation of programs offered per site submitted
4677by the boards as accurate for analysis of space requirements and
4678needs; confirm that needs projected for career and technical and
4679adult educational programs comply with needs documented by the
4680Office of Workforce and Economic Development; compare new
4681facility inventory to allocations limits as provided in this
4682chapter; review cost projections for conformity with state
4683averages or limits designated by this chapter; compare student
4684enrollment projections in the survey to the department's
4685projections; review facilities lists to verify that area
4686allocations and space factors for generating space needs do not
4687exceed the limits as provided by this chapter and related rules;
4688confirm the application of facility utilization factors as
4689provided by this chapter and related rules; and review, as
4690submitted, documentation of how survey recommendations will
4691implement the detail of current campus master plans and
4692integrate with local comprehensive plans and development
4694     Section 136.  Paragraph (b) of subsection (1) of section
46951013.31, Florida Statutes, is amended to read:
4696     1013.31  Educational plant survey; localized need
4697assessment; PECO project funding.--
4698     (1)  At least every 5 years, each board shall arrange for
4699an educational plant survey, to aid in formulating plans for
4700housing the educational program and student population, faculty,
4701administrators, staff, and auxiliary and ancillary services of
4702the district or campus, including consideration of the local
4703comprehensive plan. The Office of Workforce and Economic
4704Development shall document the need for additional career and
4705adult education programs and the continuation of existing
4706programs before facility construction or renovation related to
4707career or adult education may be included in the educational
4708plant survey of a school district or community college that
4709delivers career or adult education programs. Information used by
4710the Office of Workforce and Economic Development to establish
4711facility needs must include, but need not be limited to, labor
4712market data, needs analysis, and information submitted by the
4713school district or community college.
4714     (b)  Required need assessment criteria for district,
4715community college, college and state university plant
4716surveys.--Educational plant surveys must use uniform data
4717Educational plant surveys must use uniform data sources and
4718criteria specified in this paragraph. Each revised educational
4719plant survey and each new educational plant survey supersedes
4720previous surveys.
4721     1.  The school district's survey must be submitted as a
4722part of the district educational facilities plan defined in s.
47231013.35. To ensure that the data reported to the Department of
4724Education as required by this section is correct, the department
4725shall annually conduct an onsite review of 5 percent of the
4726facilities reported for each school district completing a new
4727survey that year. If the department's review finds the data
4728reported by a district is less than 95 percent accurate, within
47291 year from the time of notification by the department the
4730district must submit revised reports correcting its data. If a
4731district fails to correct its reports, the commissioner may
4732direct that future fixed capital outlay funds be withheld until
4733such time as the district has corrected its reports so that they
4734are not less than 95 percent accurate.
4735     2.  Each survey of a special facility, joint-use facility,
4736or cooperative career and technical education facility must be
4737based on capital outlay full-time equivalent student enrollment
4738data prepared by the department for school districts, community
4739colleges, colleges, and universities. A survey of space needs of
4740a joint-use facility shall be based upon the respective space
4741needs of the school districts, community colleges, colleges, and
4742universities, as appropriate. Projections of a school district's
4743facility space needs may not exceed the norm space and occupant
4744design criteria established by the State Requirements for
4745Educational Facilities.
4746     3.  Each community college's survey must reflect the
4747capacity of existing facilities as specified in the inventory
4748maintained by the Department of Education.  Projections of
4749facility space needs must comply with standards for determining
4750space needs as specified by rule of the State Board of
4751Education. The 5-year projection of capital outlay student
4752enrollment must be consistent with the annual report of capital
4753outlay full-time student enrollment prepared by the Department
4754of Education.
4755     4.  Each college and state university's survey must reflect
4756the capacity of existing facilities as specified in the
4757inventory maintained and validated by the Division of Colleges
4758and Universities. Projections of facility space needs must be
4759consistent with standards for determining space needs approved
4760by the Division of Colleges and Universities. The projected
4761capital outlay full-time equivalent student enrollment must be
4762consistent with the 5-year planned enrollment cycle for the
4763State University System approved by the Division of Colleges and
4765     5.  The district educational facilities plan of a school
4766district and the educational plant survey of a community
4767college, or college or state university may include space needs
4768that deviate from approved standards for determining space needs
4769if the deviation is justified by the district or institution and
4770approved by the department, as necessary for the delivery of an
4771approved educational program.
4772     Section 137.  Paragraph (a) of subsection (3) of section
47731013.64, Florida Statutes, is amended to read:
4774     1013.64  Funds for comprehensive educational plant needs;
4775construction cost maximums for school district capital
4776projects.--Allocations from the Public Education Capital Outlay
4777and Debt Service Trust Fund to the various boards for capital
4778outlay projects shall be determined as follows:
4779     (3)(a)  Each district school board shall receive an amount
4780from the Public Education Capital Outlay and Debt Service Trust
4781Fund to be calculated by computing the capital outlay full-time
4782equivalent membership as determined by the department. Such
4783membership must include, but is not limited to:
4784     1.  K-12 students, except hospital and homebound part-time
4785students; and
4786     2.  Students who are career and technical education
4787students, and adult disabled students and who are enrolled in
4788school district career technical centers. The capital outlay
4789full-time equivalent membership shall be determined for
4790kindergarten through the 12th grade and for career technical
4791centers by averaging the unweighted full-time equivalent student
4792membership for the second and third surveys and comparing the
4793results on a school-by-school basis with the Florida Inventory
4794for School Houses. The capital outlay full-time equivalent
4795membership by grade level organization shall be used in making
4796the following calculations: The capital outlay full-time
4797equivalent membership by grade level organization for the 4th
4798prior year must be used to compute the base-year allocation. The
4799capital outlay full-time equivalent membership by grade-level
4800organization for the prior year must be used to compute the
4801growth over the highest of the 3 years preceding the prior year.
4802From the total amount appropriated by the Legislature pursuant
4803to this subsection, 40 percent shall be allocated among the base
4804capital outlay full-time equivalent membership and 60 percent
4805among the growth capital outlay full-time equivalent membership.
4806The allocation within each of these groups shall be prorated to
4807the districts based upon each district's percentage of base and
4808growth capital outlay full-time membership.  The most recent 4-
4809year capital outlay full-time equivalent membership data shall
4810be used in each subsequent year's calculation for the allocation
4811of funds pursuant to this subsection. If a change, correction,
4812or recomputation of data during any year results in a reduction
4813or increase of the calculated amount previously allocated to a
4814district, the allocation to that district shall be adjusted
4815correspondingly. If such recomputation results in an increase or
4816decrease of the calculated amount, such additional or reduced
4817amounts shall be added to or reduced from the district's future
4818appropriations.  However, no change, correction, or
4819recomputation of data shall be made subsequent to 2 years
4820following the initial annual allocation.
4821     Section 138.  Subsections (1) and (2), and paragraphs (a)
4822and (c) of subsection (4) of section 1013.75, Florida Statutes,
4823are amended to read:
4824     1013.75  Cooperative funding of career center and technical
4825educational facilities.--
4826     (1)  Each district school board operating a designated
4827career technical center may submit, prior to August 1 of each
4828year, a request to the commissioner for funds from the Public
4829Education Capital Outlay and Debt Service Trust Fund to plan,
4830construct, and equip a career center and technical educational
4831facility identified as being critical to the economic
4832development and the workforce needs of the school district.
4833Prior to submitting a request, each school district shall:
4834     (a)  Adopt and submit to the commissioner a resolution
4835indicating its commitment to fund the planning, construction,
4836and equipping of the proposed facility at 40 percent of the
4837requested project amount. The resolution shall also designate
4838the locale of the proposed facility. If funds from a private or
4839noneducational public entity are to be committed to the project,
4840then a joint resolution shall be required.
4841     (b)  Except as provided in paragraph (5)(b), levy the
4842maximum millage against the nonexempt assessed property value as
4843provided in s. 1011.71(2).
4844     (c)  Certify to the Office of Workforce and Economic
4845Development that the project has been survey recommended.
4846     (d)  Certify to the Office of Workforce and Economic
4847Development that final phase III construction documents comply
4848with applicable building codes and life safety codes.
4849     (e)  Sign an agreement that the district school board shall
4850advertise for bids within 90 days of receiving an encumbrance
4851authorization from the department.
4852     (f)  If a construction contract has not been signed 90 days
4853after the advertising of bids, certify to the Office of
4854Workforce and Economic Development and the department the cause
4855for delay. Upon request, an additional 90 days may be granted by
4856the commissioner.
4857     (2)  The Office of Workforce and Economic Development shall
4858establish the need for additional career and technical education
4859programs and the continuation of existing programs before
4860facility construction or renovation related to career and
4861technical education can be included in the educational plant
4862survey. Information used by the Office of Workforce and Economic
4863Development to establish facility needs shall include, but not
4864be limited to, labor market needs analysis and information
4865submitted by the school districts.
4866     (4)(a)  A career and technical education construction
4867committee shall be composed of the following: three
4868representatives from the Department of Education and one
4869representative from the Executive Office of the Governor.
4870     (c)  The commissioner's legislative capital outlay budget
4871request may include up to 2 percent of the new construction
4872allocation to public schools for career and technical capital
4873outlay projects recommended by the career and technical
4874education construction committee.
4875     Section 139.  This act shall take effect July 1, 2004.

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