July 15, 2020
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_h7037__
HB 7037

1
A bill to be entitled
2An act relating to education; amending s. 413.20, F.S.;
3redefining and deleting terms relating to vocational
4rehabilitation programs; replacing an obsolete term;
5amending s. 413.30, F.S.; revising provisions relating to
6eligibility for vocational rehabilitation services;
7providing for an individualized plan for employment;
8requiring the Division of Vocational Rehabilitation in the
9Department of Education to conduct trial work experiences
10before determining that an individual is incapable of
11benefiting from services; requiring the division to refer
12an individual to other services if the division determines
13that the individual is ineligible for vocational
14rehabilitation services; requiring the division to serve
15those having the most significant disabilities first under
16specified circumstances; conforming provisions to changes
17made by the act; amending s. 413.341, F.S.; allowing
18confidential records to be released for audit, program
19evaluation, or research purposes; amending s. 413.371,
20F.S.; requiring the division to administer an independent
21living program; conforming provisions to changes made by
22the act; repealing the division's authority to contract
23for specified services; amending s. 413.393, F.S.;
24correcting references and conforming provisions to changes
25made by the act; amending s. 413.40, F.S.; revising the
26division's powers to administer the independent living
27program; authorizing the division to employ specified
28jindividuals and to contract for services in accordance
29with the state plan for independent living; conforming
30provisions to changes made by the act; amending s.
31413.405, F.S.; revising the membership of the Florida
32Rehabilitation Council; providing that Department of
33Education employees may serve only as nonvoting members;
34revising provisions relating to terms of office; revising
35council functions; correcting references and replacing
36obsolete cross-references; amending s. 413.407, F.S.;
37correcting a reference; repealing s. 413.206, F.S.,
38relating to a 5-year plan for the division; repealing s.
39413.39, F.S., relating to administration of the
40independent living program; repealing ss. 413.70 and
41413.72, F.S., relating to the limiting disabilities
42program; repealing s. 413.73, F.S., relating to the
43disability assistance program; repealing s. 1013.05, F.S.,
44relating to the Office of Educational Facilities and SMART
45Schools Clearinghouse; amending ss. 163.31777, 1001.20,
46and 1013.04, F.S.; deleting obsolete references; amending
47s. 1013.21, F.S.; deleting obsolete references; requiring
48the Office of Educational Facilities in the Department of
49Education to monitor district facilities work programs;
50amending ss. 1013.33 and 1013.35, F.S.; deleting obsolete
51references; amending s. 1013.41, F.S.; deleting obsolete
52references; requiring the Office of Educational Facilities
53to assist school districts in building SMART schools;
54amending s. 1013.42, F.S.; deleting obsolete references;
55specifying criteria for the prioritization of School
56Infrastructure Thrift Program awards; amending s. 1013.72,
57F.S.; revising the cost per student station for purposes
58of School Infrastructure Thrift Program awards; deleting
59obsolete references; amending s. 1013.73, F.S.; deleting
60an obsolete reference; requiring the Division of Statutory
61Revision of the Office of Legislative Services to prepare
62a reviser's bill to make conforming changes to address
63past legislation amending terminology relating to the
64Florida College System; repealing s. 1004.87, F.S.,
65relating to Florida College System Task Force; repealing
66s. 1002.335, F.S., relating to the Florida Schools of
67Excellence Commission; amending s. 1002.33, F.S.;
68conforming provisions to changes made by the act;
69repealing s. 1003.413(5), F.S., relating to the Secondary
70School Improvement Award Program; repealing s. 1003.62,
71F.S., relating to academic performance-based charter
72school districts; amending ss. 1011.69 and 1013.64, F.S.;
73conforming provisions to changes made by the act;
74repealing ss. 1003.63 and 1008.345(7), F.S., relating to
75the deregulated public schools pilot program; amending s.
761004.68, F.S.; conforming a cross-reference; repealing s.
771006.67, F.S., relating to the reporting of campus crime
78statistics; amending s. 1013.11, F.S.; conforming
79provisions to changes made by the act; repealing ss.
801009.63 and 1009.631, F.S., relating to the occupational
81therapist or physical therapist critical shortage program;
82repealing s. 1009.632, F.S., relating to the Critical
83Occupational Therapist or Physical Therapist Shortage
84Student Loan Forgiveness Program; repealing s. 1009.633,
85F.S., relating to the Critical Occupational Therapist or
86Physical Therapist Shortage Scholarship Loan Program;
87repealing s. 1009.634, F.S., relating to the Critical
88Occupational Therapist or Physical Therapist Shortage
89Tuition Reimbursement Program; repealing s. 1009.64, F.S.,
90relating to the Certified Education Paraprofessional
91Welfare Transition Program; amending ss. 1009.40 and
921009.94, F.S.; conforming provisions to changes made by
93the act; providing an effective date.
94
95Be It Enacted by the Legislature of the State of Florida:
96
97     Section 1.  Subsections (12) through (33) of section
98413.20, Florida Statutes, are amended to read:
99     413.20  Definitions.-As used in this part, the term:
100     (12)  "Independent living services" means any appropriate
101rehabilitation service that will enhance the ability of a person
102who has a significant severe disability to live independently,
103to function within her or his family and community and, if
104appropriate, to secure and maintain employment. Services may
105include, but are not limited to, psychological counseling and
106psychotherapeutic counseling; independent living care services;
107community education and related services; housing assistance;
108physical and mental restoration; personal attendant care;
109transportation; personal assistance services; interpretive
110services for persons who are deaf; recreational activities;
111services to family members of persons who have significant
112severe disabilities; vocational and other training services;
113telecommunications services; sensory and other technological
114aids and devices; appropriate preventive services to decrease
115the needs of persons assisted under the program; and other
116rehabilitation services appropriate for the independent living
117needs of a person who has a significant severe disability.
118     (13)  "Limiting disability" means a physical condition that
119constitutes, contributes to, or, if not corrected, will result
120in an impairment of one or more activities of daily living but
121does not result in an individual qualifying as a person who has
122a disability.
123     (13)(14)  "Occupational license" means any license, permit,
124or other written authority required by any governmental unit to
125be obtained in order to engage in an occupation.
126     (14)(15)  "Ongoing support services" means services
127provided at a twice-monthly minimum to persons who have a most
128significant disability, to:
129     (a)  Make an assessment regarding the employment situation
130at the worksite of each individual in supported employment or,
131under special circumstances at the request of the individual,
132offsite.
133     (b)  Based upon the assessment, provide for the
134coordination or provision of specific intensive services, at or
135away from the worksite, that are needed to maintain the
136individual's employment stability.
137
138The ongoing support services may consist of, but are not limited
139to, the provision of skilled job trainers who accompany the
140individual for intensive job-skill training at the worksite, job
141development and placement, social skills training, followup
142services, and facilitation of natural supports at the worksite.
143     (15)(16)  "Person who has a disability" means an individual
144who has a physical or mental impairment that, for the
145individual, constitutes or results in a substantial impediment
146to employment and who can therefore benefit in terms of an
147employment outcome from vocational rehabilitation services. The
148term encompasses the terms "person who has a significant
149disability" and "person who has a most significant disability."
150     (16)(17)  "Person who has a significant disability" means
151an individual who has a disability that is a severe physical or
152mental impairment that seriously limits one or more functional
153capacities, such as mobility, communication, self-care, self-
154direction, interpersonal skills, work tolerance, or work skills,
155in terms of an employment outcome; whose vocational
156rehabilitation may be expected to require multiple vocational
157rehabilitation services over an extended period of time; and who
158has one or more physical or mental disabilities resulting from
159amputation, arthritis, autism, blindness, burn injury, cancer,
160cerebral palsy, cystic fibrosis, deafness, head injury, heart
161disease, hemiplegia, hemophilia, respiratory or pulmonary
162dysfunction, mental retardation, mental illness, multiple
163sclerosis, muscular dystrophy, musculoskeletal disorder,
164neurological disorder, including stroke and epilepsy,
165paraplegia, quadriplegia, or other spinal cord condition,
166sickle-cell anemia, specific learning disability, end-stage
167renal disease, or another disability or a combination of
168disabilities that is determined, after an assessment for
169determining eligibility and vocational rehabilitation needs, to
170cause comparable substantial functional limitation.
171     (17)(18)  "Person who has a most significant disability"
172means a person who has a significant disability who meets the
173designated administrative unit's criteria for a person who has a
174most significant disability.
175     (18)(19)  "Personal assistance services" means a range of
176services, provided by one or more individuals persons, designed
177to assist a person who has a disability to perform daily living
178activities, on or off the job, that the person individual would
179typically perform if the person individual did not have a
180disability. Such services shall be designed to increase the
181person's individual's control in life and ability to perform
182everyday activities on or off the job. The services must be
183necessary for achieving an employment outcome and may be
184provided only if the person who has a disability is receiving
185other vocational rehabilitation services. The services may
186include training in managing, supervising, and directing
187personal assistance services.
188     (19)(20)  "Physical and mental restoration" means any
189medical, surgical, or therapeutic treatment necessary to correct
190or substantially modify a physical or mental condition that is
191stable or slowly progressive and constitutes an impediment to
192employment, but is of such nature that the treatment can
193reasonably be expected to correct or modify such impediment to
194employment within a reasonable length of time, including, but
195not limited to, medical, psychiatric, dental, and surgical
196treatment, nursing services, hospital care in connection with
197surgery or treatment, convalescent home care, drugs, medical and
198surgical supplies, and prosthetic and orthotic devices.
199     (21)  "Program" means an agency, organization, or
200institution, or a unit of an agency, organization, or
201institution, that provides directly or facilitates the provision
202of vocational rehabilitation services as one of its major
203functions.
204     (22)  "Rehabilitation" means those events and processes
205occurring after injury and progressing to ultimate stabilization
206and maximum possible recovery.
207     (23)  "Rehabilitation service" means any service, provided
208directly or indirectly through public or private agencies, found
209by the division to be necessary to enable a person who has a
210limiting disability to engage in competitive employment.
211     (24)  "Rules" means rules adopted by the department in the
212manner prescribed by law.
213     (20)(25)  "State plan" means the state plan approved by the
214Federal Government as qualifying for federal funds under the
215Rehabilitation Act of 1973, as amended. However, the term "state
216plan," as used in ss. 413.393-413.401 413.39-413.401, means the
217state plan for independent living Rehabilitative Services under
218Title VII(A) of the Rehabilitation Act of 1973, as amended.
219     (21)(26)  "Supported employment" means competitive work in
220integrated working settings for persons who have most
221significant severe disabilities and for whom competitive
222employment has not traditionally occurred or for whom
223competitive employment has been interrupted or is intermittent
224as a result of such a severe disability. Persons who have most
225significant severe disabilities requiring supported employment
226need intensive supported employment services or extended
227services in order to perform such work.
228     (22)(27)  "Supported employment services" means ongoing
229support services and other appropriate services needed to
230support and maintain a person who has a most significant severe
231disability in supported employment. Supported employment
232services are based upon a determination of the needs of the
233eligible individual as specified in the person's individualized
234plan for employment written rehabilitation program. The services
235are provided singly or in combination and are organized and made
236available in such a way as to assist eligible individuals in
237entering or maintaining integrated, competitive employment. The
238services are provided for a period of time not to extend beyond
23918 months, but can be extended under special circumstances with
240the consent of the individual in order to achieve the objectives
241of the rehabilitation plan.
242     (23)(28)  "Third-party coverage" means any claim for, right
243to receive payment for or any coverage for, the payment of any
244vocational rehabilitation and related services.
245     (24)(29)  "Third-party payment" means any and all payments
246received or due as a result of any third-party coverage.
247     (25)(30)  "Transition services" means a coordinated set of
248activities for a student, designed within an outcome-oriented
249process, that promote movement from school to postschool
250activities, including postsecondary education; vocational
251training; integrated employment; including supported employment;
252continuing and adult education; adult services; independent
253living; or community participation. The coordinated set of
254activities must be based upon the individual student's needs,
255taking into account the student's preferences and interests, and
256must include instruction, community experiences, the development
257of employment and other postschool adult living objectives, and,
258if when appropriate, acquisition of daily living skills and
259functional vocational evaluation.
260     (31)  "Transitional living facility" means a state-approved
261facility as defined and licensed pursuant to chapter 400 and
262division-approved in accord with this part.
263     (26)(32)  "Vocational rehabilitation" and "vocational
264rehabilitation services" mean any service, provided directly or
265through public or private entities instrumentalities, to enable
266an individual or group of individuals to achieve an employment
267outcome, including, but not limited to, medical and vocational
268diagnosis, an assessment for determining eligibility and
269vocational rehabilitation needs by qualified personnel;
270counseling, guidance, and work-related placement services;
271vocational and other training services; physical and mental
272restoration services; maintenance for additional costs incurred
273while participating in rehabilitation; interpreter services for
274individuals who are deaf; recruitment and training services to
275provide new employment opportunities in the fields of
276rehabilitation, health, welfare, public safety, law enforcement,
277and other appropriate service employment; occupational licenses;
278tools, equipment, and initial stocks and supplies;
279transportation; telecommunications, sensory, and other
280technological aids and devices; rehabilitation technology
281services; referral services designed to secure needed services
282from other agencies; transition services; on-the-job or other
283related personal assistance services; and supported employment
284services.
285     (33)  "Vocational rehabilitation and related services"
286means any services that are provided or paid for by the
287division.
288     Section 2.  Section 413.30, Florida Statutes, is amended to
289read:
290     413.30  Eligibility for vocational rehabilitation
291services.-
292     (1)  A person is eligible for vocational rehabilitation
293services if the person has a disability and requires vocational
294rehabilitation services to prepare for, enter, engage in, or
295retain gainful employment.
296     (2)  Determinations by other state or federal agencies
297regarding whether an individual satisfies one or more factors
298relating to the determination that an individual has a
299disability may be used. Individuals determined to have a
300disability pursuant to Title II or Title XVI of the Social
301Security Act shall be considered to have a physical or mental
302impairment that constitutes or results in a substantial
303impediment to employment and a significant disability severe
304physical or mental impairment that seriously limits one or more
305functional capacities in terms of an employment outcome.
306     (3)  An individual is shall be presumed to benefit in terms
307of an employment outcome from vocational rehabilitation services
308under this part unless the division can demonstrate by clear and
309convincing evidence that the individual is incapable of
310benefiting from vocational rehabilitation services in terms of
311an employment outcome. Before making such a determination, the
312division must consider the individual's abilities, capabilities,
313and capacity to perform in a work situation through the use of
314trial work experiences. Trial work experiences include supported
315employment, on-the-job training, or other work experiences using
316realistic work settings. Under limited circumstances, if an
317individual cannot take advantage of trial work experiences or if
318options for trial work experiences have been exhausted To
319demonstrate that an individual cannot benefit from vocational
320rehabilitation services due to the severity of the individual's
321disability, the division shall conduct an extended evaluation,
322not to exceed 18 months. The evaluation must determine the
323eligibility of the individual and the nature and scope of needed
324vocational rehabilitation services. The extended evaluation must
325be reviewed once every 90 days to determine whether the
326individual is eligible for vocational rehabilitation services.
327     (4)  The division shall determine the eligibility of an
328individual for vocational rehabilitation services within a
329reasonable period of time, not to exceed 60 days after the
330individual has submitted an application to receive vocational
331rehabilitation services, unless the division notifies the
332individual that exceptional and unforeseen circumstances beyond
333the control of the division prevent the division from completing
334the determination within the prescribed time and the division
335and the individual agree agrees that an extension of time is
336warranted or that an extended evaluation is required.
337     (5)  When the division determines As soon as a
338determination has been made that an individual is eligible for
339vocational rehabilitation services, the division must complete
340an assessment for determining eligibility and vocational
341rehabilitation needs and ensure that an individualized plan for
342employment written rehabilitation program is prepared.
343     (a)  Each The individualized plan for employment written
344rehabilitation program must be jointly developed, agreed upon,
345and signed by the vocational rehabilitation counselor or
346coordinator and the eligible individual or, in an appropriate
347case, a parent, family member, guardian, advocate, or authorized
348representative, of the such individual.
349     (b)  The division must ensure that each individualized plan
350for employment written rehabilitation program is designed to
351achieve the specific employment outcome objective of the
352individual, consistent with the unique strengths, resources,
353priorities, concerns, abilities, and capabilities of the
354individual, and otherwise meets the content requirements for an
355individualized plan for employment written rehabilitation
356programs as set out in federal law or regulation.
357     (c)  Each individualized plan for employment written
358rehabilitation program shall be reviewed annually, at which time
359the individual, or the individual's parent, guardian, advocate,
360or authorized representative, shall be afforded an opportunity
361to review the plan program and jointly redevelop and agree to
362its terms. Each plan individualized written rehabilitation
363program shall be revised as needed.
364     (6)  The division must ensure that a determination of
365ineligibility made with respect to an individual before prior to
366the initiation of an individualized plan for employment written
367rehabilitation program, based upon the review, and, to the
368extent necessary, upon the preliminary assessment, includes
369specification of the reasons for such a determination; the
370rights and remedies available to the individual, including, if
371appropriate, recourse to administrative remedies; and the
372availability of services provided by the client assistance
373program to the individual. If there is a determination of
374ineligibility, the division must refer the individual to other
375services that are part of the one-stop delivery system under s.
376445.009 that address the individual's training or employment-
377related needs or to local extended employment providers if the
378determination is based on a finding that the individual is
379incapable of achieving an employment outcome.
380     (7)  If the division provides an eligible individual person
381with vocational rehabilitation services in the form of vehicle
382modifications, the division shall consider all options
383available, including the purchase of a new, original equipment
384manufacturer vehicle that complies with the Americans with
385Disabilities Act for transportation vehicles. The division shall
386make the decision on vocational rehabilitation services based on
387the best interest of the eligible individual client and cost-
388effectiveness.
389     (8)  If In the event the division is unable to provide
390services to all eligible individuals, the division shall
391establish an order of selection and serve first those persons
392who have the most significant severe disabilities first.
393     Section 3.  Subsection (1) of section 413.341, Florida
394Statutes, is amended to read:
395     413.341  Applicant and eligible individual client records;
396confidential and privileged.-
397     (1)  All oral and written records, information, letters,
398and reports received, made, or maintained by the division
399relative to any client or applicant or eligible individual are
400privileged, confidential, and exempt from the provisions of s.
401119.07(1). Any person who discloses or releases such records,
402information, or communications in violation of this section
403commits a misdemeanor of the second degree, punishable as
404provided in s. 775.082 or s. 775.083. Such records may not be
405released except that:
406     (a)  Records may be released to the client or applicant or
407eligible individual or his or her representative upon receipt of
408a written waiver from the client or applicant or eligible
409individual. Medical, psychological, or other information that
410the division believes may be harmful to an a client or applicant
411or eligible individual may not be released directly to him or
412her, but must be provided through his or her designated
413representative.
414     (b)  Records that do not identify clients or applicants may
415be released to an entity or individual officially engaged in an
416audit, a program evaluation, or for the purpose of research,
417when the research is approved by the division director.
418Personally identifying information released under this paragraph
419remains privileged, confidential, and exempt under this section
420and may not be disclosed to third parties.
421     (c)  Records used in administering the program may be
422released as required to administer the program or as required by
423an agency or political subdivision of the state in the
424performance of its duties. Any agency or political subdivision
425to which records are released under this paragraph may not
426disclose the records to third parties.
427     (d)  Records may be released upon the order of an
428administrative law judge, a hearing officer, a judge of
429compensation claims, an agency head exercising quasi-judicial
430authority, or a judge of a court of competent jurisdiction
431following a finding in an in camera proceeding that the records
432are relevant to the inquiry before the court and should be
433released. The in camera proceeding and all records relating
434thereto are confidential and exempt from the provisions of s.
435119.07(1).
436     (e)  Whenever an applicant or eligible individual receiving
437services has declared any intention to harm other persons or
438property, such declaration may be disclosed.
439     (f)  The division may also release personal information
440about an applicant or eligible individual receiving services in
441order to protect him or her or others when he or she poses a
442threat to his or her own safety or to the safety of others and
443shall, upon official request, release such information to law
444enforcement agencies investigating the commission of a crime.
445     Section 4.  Section 413.371, Florida Statutes, is amended
446to read:
447     413.371  Independent living program; establishment and
448administration maintenance.-The division shall establish and
449administer maintain an independent living program that will
450provide any appropriate rehabilitation services or other
451services to enhance the ability of persons who have significant
452severe disabilities to live independently and function within
453their communities and, if appropriate, to secure and maintain
454employment. The division, at its sole discretion and within the
455constraints of its funding, may contract with centers for
456independent living to provide such services.
457     Section 5.  Subsection (1) of section 413.393, Florida
458Statutes, is amended to read:
459     413.393  State plan for independent living.-
460     (1)  The state plan for independent living shall be jointly
461developed and submitted by the Florida Independent Living
462Council and the division, and the plan must:
463     (a)  Include the existence of appropriate planning,
464financial support and coordination, and other assistance to
465appropriately address, on a statewide and comprehensive basis,
466needs in the state for the provision of state independent living
467services; the development and support of a statewide network of
468centers for independent living; and working relationships
469between programs providing independent living services and
470independent living centers and the vocational rehabilitation
471program established to provide services for persons who have
472disabilities.
473     (b)  Specify the objectives to be achieved under the plan,
474establish time periods for the achievement of the objectives,
475and explain how such objectives are consistent with and further
476the purpose of this part.
477     (c)  Specify that the state will provide independent living
478services under this part to persons who have significant severe
479disabilities and will provide the services in accordance with an
480independent living plan mutually agreed upon by an appropriate
481staff member of the service provider and the individual, unless
482the individual signs a waiver stating that such a plan is
483unnecessary.
484     (d)  Describe the extent and scope of independent living
485services to be provided under this part to meet such objectives.
486If the state makes arrangements, by grant or contract, for
487providing such services, such arrangements shall be described in
488the plan.
489     (e)  Set forth a design for the establishment of a
490statewide network of centers for independent living that comply
491with the standards and assurances set forth in federal law.
492     (f)  Set forth the steps that will be taken to maximize the
493cooperation, coordination, and working relationships among the
494independent living rehabilitation service program, the Florida
495Independent Living Council, centers for independent living, the
496division, other agencies represented on such council, other
497councils that address the needs of specific disability
498populations and issues, and other public and private entities
499determined to be appropriate by the council.
500     (g)  Describe how services funded under this part will be
501coordinated with, and complement, other services in order to
502avoid unnecessary duplication with other federal and state
503funding for centers for independent living and independent
504living services.
505     (h)  Set forth steps to be taken regarding outreach to
506populations that are not served or that are underserved by
507programs under the act, including minority groups and urban and
508rural populations.
509     (i)  Provide satisfactory assurances that all entities
510receiving financial assistance funds under this part will notify
511all individuals seeking or receiving services under this part
512about the availability of the client-assistance program, the
513purposes of the services provided under such program, and how to
514contact such program; take affirmative action to employ and
515advance in employment qualified persons who have disabilities on
516the same terms and conditions required with respect to the
517employment of such persons; adopt such fiscal control and fund-
518accounting procedures as may be necessary to ensure the proper
519disbursement of and accounting for funds paid to the state under
520this part and meet all the other requirements of federal law or
521regulation.
522     (j)  Establish a method for the periodic evaluation of the
523effectiveness of the state plan in meeting the objectives of the
524state plan, including evaluation of satisfaction by persons who
525have disabilities.
526     Section 6.  Section 413.40, Florida Statutes, is amended to
527read:
528     413.40  Powers of division; independent living program.-The
529division, in administering carrying out a program to provide of
530providing independent living rehabilitation services to persons
531who have significant severe disabilities, shall be authorized,
532contingent upon available funding, to:
533     (1)  Employ necessary personnel and.
534     (2)  Employ consultants.
535     (3)  Provide diagnostic, medical, and psychological and
536other evaluation services.
537     (4)  Provide training necessary for rehabilitation.
538     (5)  Provide for persons found to require financial
539assistance with respect thereto and provide maintenance,
540including:
541     (a)  Personal care attendant services while undergoing
542rehabilitation.
543     (b)  Transportation incident to necessary rehabilitation
544services.
545     (c)  Physical and mental restoration services, prosthetic
546appliances, and other equipment determined to be necessary for
547rehabilitation.
548     (6)  Provide rehabilitation facilities necessary for the
549rehabilitation of persons who have severe disabilities or
550contract with facilities such as centers for independent living
551for necessary services. The division shall not, however, assume
552responsibility for permanent custodial care of any individual
553and shall provide rehabilitation services only for a period long
554enough to accomplish the rehabilitation objective or to
555determine that rehabilitation is not feasible through the
556services available under this section.
557     (2)(7)  Contract with any entity, public or private entity,
558including centers for independent living, to provide independent
559living services in accordance with the state plan for
560independent living.
561     Section 7.  Subsections (1), (2), (7), (9), (10), and (11)
562of section 413.405, Florida Statutes, are amended to read:
563     413.405  Florida Rehabilitation Council.-There is created
564the Florida Rehabilitation Council to assist the division in the
565planning and development of statewide rehabilitation programs
566and services, to recommend improvements to such programs and
567services, and to perform the functions listed in this section.
568     (1)  The council shall be composed of:
569     (a)  At least one representative of the Florida Independent
570Living Council, one of whom must which representative may be the
571chairperson or other designee of the Florida Independent Living
572Council.
573     (b)  At least one representative of a parent training and
574information center established pursuant to s. 671 631(c)(9) of
575the Individuals with Disabilities Education Act, 20 U.S.C. s.
5761471 1431(c)(9).
577     (c)  At least one representative of the client assistance
578program established under s. 112 of the act, one of whom must be
579the director of the program or other individual recommended by
580the program.
581     (d)  At least one qualified vocational rehabilitation
582counselor who has knowledge of and experience in vocational
583rehabilitation programs services, who shall serve as an ex
584officio, nonvoting member of the council if the counselor is an
585employee of the department.
586     (e)  At least one representative of community
587rehabilitation program service providers.
588     (f)  At least Four representatives of business, industry,
589and labor.
590     (g)  Representatives of disability advocacy groups that
591include representing a cross-section of:
592     1.  Individuals Persons who have physical, cognitive,
593sensory, or mental disabilities.
594     2.  Parents, family members, guardians, advocates, or
595authorized Representatives of individuals with persons who have
596disabilities and who have difficulty representing themselves
597find it difficult to or are unable due to their disabilities to
598represent themselves.
599     (h)  Current or former applicants for, or recipients of,
600vocational rehabilitation services.
601     (i)  The director of the division, who shall be an ex
602officio member of the council.
603     (j)  At least one representative of the state educational
604agency responsible for the public education of students with
605disabilities who have a disability and who are eligible to
606receive vocational rehabilitation services and services under
607the Individuals with Disabilities Education Act.
608     (k)  At least one representative of the board of directors
609of Workforce Florida, Inc.
610     (l)  At least one representative who is a director of a
611Vocational Rehabilitation Services Project for American Indians
612with Disabilities under s. 121 of the act, if this state
613participates in one or more such projects.
614     (2)  Employees of the department may serve only as
615nonvoting members of the council. Other persons who have
616disabilities, representatives of state and local government,
617employers, community organizations, and members of the former
618Occupational Access and Opportunity Commission may be considered
619for council membership.
620     (7)(a)  Each member of the council shall serve for a term
621of not more than 3 years, except that:
622     1.(a)  A member appointed to fill a vacancy occurring prior
623to the expiration of the term for which a predecessor was
624appointed shall be appointed for the remainder of such term.
625     2.(b)  The terms of service of the members initially
626appointed shall be, as specified by the Governor, for such fewer
627number of years as will provide for the expiration of terms on a
628staggered basis.
629     (b)  A No member of the council may not serve more than two
630consecutive full terms; however, this provision does not apply
631to a member appointed under paragraph (1)(c) or paragraph
632(1)(l).
633     (9)  In addition to the other functions specified in this
634section, the council shall, after consulting with the board of
635directors of Workforce Florida, Inc.:
636     (a)  Review, analyze, and advise the division regarding the
637performance of the responsibilities of the division under Title
638I of the act, particularly responsibilities relating to:
639     1.  Eligibility, including order of selection.
640     2.  The extent, scope, and effectiveness of services
641provided.
642     3.  Functions performed by state agencies that affect or
643potentially affect the ability of individuals with who have
644disabilities in achieving employment outcomes to achieve
645rehabilitation goals and objectives under Title I.
646     (b)  In partnership with the division:
647     1.  Develop, agree to, and review state goals and
648priorities in accordance with 34 C.F.R. 361.29(c); and
649     2.  Evaluate the effectiveness of the vocational
650rehabilitation program and submit reports of progress to the
651Governor, the President of the Senate, the Speaker of the House
652of Representatives, and the United States Secretary of Education
653in accordance with 34 C.F.R. 361.29(e).
654     (c)  Advise the department and the division and assist in
655the preparation of the state plan and amendments to the plan,
656applications, reports, needs assessments, and evaluations
657required by Title I.
658     (d)  To the extent feasible, conduct a review and analysis
659of the effectiveness of, and consumer satisfaction with:
660     1.  The functions performed by state agencies and other
661public and private entities responsible for performing functions
662for individuals who have disabilities.
663     2.  Vocational rehabilitation services:
664     a.  Provided or paid for from funds made available under
665the act or through other public or private sources.
666     b.  Provided by state agencies and other public and private
667entities responsible for providing vocational rehabilitation
668services to individuals who have disabilities.
669     3.  The employment outcomes achieved by eligible
670individuals receiving services under this part, including the
671availability of health or other employment benefits in
672connection with those employment outcomes.
673     (e)  Prepare and submit an annual report on the status of
674vocational rehabilitation programs services in the state to the
675Governor, the President of the Senate, the Speaker of the House
676of Representatives, and the United States Secretary of Education
677and make the report available to the public.
678     (f)  Coordinate with other councils within Florida,
679including the Florida Independent Living Council, the advisory
680panel established under s. 612(a)(21) 613(a)(12) of the
681Individuals with Disabilities Education Act, 20 U.S.C. s.
6821412(a)(21) 1413(a)(12), the State Planning Council described in
683s. 124 of the Developmental Disabilities Assistance and Bill of
684Rights Act, 42 U.S.C. s. 15024 6024, the state mental health
685planning council established under s. 1914 1916(e) of the Public
686Health Service Act, 42 U.S.C. s. 300x-3 300x-4(e), and the board
687of directors of Workforce Florida, Inc.
688     (g)  Advise the department and division and provide for
689coordination and the establishment of working relationships
690among the department, the division, the Florida Independent
691Living Council, and centers for independent living in the state.
692     (h)  Perform such other functions that are consistent with
693the duties and responsibilities of as the council determines to
694be appropriate that are comparable to functions performed by the
695council under this section.
696     (10)(a)  The council shall prepare, in conjunction with the
697division, a plan for the provision of such resources, including
698at least four staff persons, as may be necessary to carry out
699the functions of the council. The resource plan shall, to the
700maximum extent possible, rely on the use of resources in
701existence during the period of implementation of the plan.
702     (b)  If there is A disagreement between the council and the
703division regarding in regard to the amount of resources
704necessary to carry out the functions of the council as set forth
705in this section, the disagreement shall be resolved by the
706Governor.
707     (c)  The council shall, consistent with law, supervise and
708evaluate such staff and other personnel as may be necessary to
709carry out its functions.
710     (d)  While assisting the council in carrying out its
711duties, staff and other personnel may shall not be assigned
712duties by the division or any other state agency or office that
713would create a conflict of interest.
714     (11)  The council shall convene at least four meetings each
715year in locations determined by. These meetings shall occur in
716such places as the council to be deems necessary to conduct
717council business. The council may conduct such forums or
718hearings as the council considers appropriate. The meetings,
719hearings, and forums shall be publicly announced. The meetings
720shall be open and accessible to the public unless there is a
721valid reason for an executive session. The council shall make a
722report of each meeting which shall include a record of its
723discussions and recommendations, all of which reports shall be
724made available to the public.
725     Section 8.  Paragraph (a) of subsection (1) of section
726413.407, Florida Statutes, is amended to read:
727     413.407  Assistive Technology Advisory Council.-There is
728created the Assistive Technology Advisory Council, responsible
729for ensuring consumer involvement in the creation, application,
730and distribution of technology-related assistance to and for
731persons who have disabilities. The council shall fulfill its
732responsibilities through statewide policy development, both
733state and federal legislative initiatives, advocacy at both the
734state and federal level, planning of statewide resource
735allocations, policy-level management, reviews of both consumer
736responsiveness and the adequacy of program service delivery, and
737by performing the functions listed in this section.
738     (1)(a)  The council shall be composed of:
739     1.  Individuals who have disabilities and who are assistive
740technology consumers or family members or guardians of those
741individuals.
742     2.  Representatives of consumer organizations concerned
743with assistive technology.
744     3.  Representatives of business and industry, including the
745insurance industry, concerned with assistive technology.
746     4.  A representative of the Division of Vocational
747Rehabilitation.
748     5.  A representative of the Division of Blind Services.
749     6.  A representative of the Florida Independent Living
750Council.
751     7.  A representative of Workforce Florida, Inc.
752     8.  A representative of the Department of Education.
753     9.  Representatives of other state agencies that provide or
754coordinate services for persons with disabilities.
755
756Total membership on the council shall not exceed 27 at any one
757time. A majority of the members shall be appointed in accordance
758with subparagraph 1.
759     Section 9.  Sections 413.206, 413.39, 413.70, 413.72, and
760413.73, Florida Statutes, are repealed.
761     Section 10.  Section 1013.05, Florida Statutes, is
762repealed.
763     Section 11.  Paragraph (a) of subsection (1) and paragraph
764(a) of subsection (3) of section 163.31777, Florida Statutes,
765are amended to read:
766     163.31777  Public schools interlocal agreement.-
767     (1)(a)  The county and municipalities located within the
768geographic area of a school district shall enter into an
769interlocal agreement with the district school board which
770jointly establishes the specific ways in which the plans and
771processes of the district school board and the local governments
772are to be coordinated. The interlocal agreements shall be
773submitted to the state land planning agency and the Office of
774Educational Facilities and the SMART Schools Clearinghouse in
775accordance with a schedule published by the state land planning
776agency.
777     (3)(a)  The Office of Educational Facilities and SMART
778Schools Clearinghouse shall submit any comments or concerns
779regarding the executed interlocal agreement to the state land
780planning agency within 30 days after receipt of the executed
781interlocal agreement. The state land planning agency shall
782review the executed interlocal agreement to determine whether it
783is consistent with the requirements of subsection (2), the
784adopted local government comprehensive plan, and other
785requirements of law. Within 60 days after receipt of an executed
786interlocal agreement, the state land planning agency shall
787publish a notice of intent in the Florida Administrative Weekly
788and shall post a copy of the notice on the agency's Internet
789site. The notice of intent must state whether the interlocal
790agreement is consistent or inconsistent with the requirements of
791subsection (2) and this subsection, as appropriate.
792     Section 12.  Paragraph (c) of subsection (4) of section
7931001.20, Florida Statutes, is amended to read:
794     1001.20  Department under direction of state board.-
795     (4)  The Department of Education shall establish the
796following offices within the Office of the Commissioner of
797Education which shall coordinate their activities with all other
798divisions and offices:
799     (c)  Office of Educational Facilities and SMART Schools
800Clearinghouse.-Responsible for validating all educational plant
801surveys and verifying Florida Inventory of School Houses (FISH)
802data. The office shall provide technical assistance to public
803school districts when requested.
804     Section 13.  Subsection (1) of section 1013.04, Florida
805Statutes, is amended to read:
806     1013.04  School district educational facilities plan
807performance and productivity standards; development;
808measurement; application.-
809     (1)  The Office of Educational Facilities and SMART Schools
810Clearinghouse shall develop and adopt measures for evaluating
811the performance and productivity of school district educational
812facilities plans. The measures may be both quantitative and
813qualitative and must, to the maximum extent practical, assess
814those factors that are within the districts' control. The
815measures must, at a minimum, assess performance in the following
816areas:
817     (a)  Frugal production of high-quality projects.
818     (b)  Efficient finance and administration.
819     (c)  Optimal school and classroom size and utilization
820rate.
821     (d)  Safety.
822     (e)  Core facility space needs and cost-effective capacity
823improvements that consider demographic projections.
824     (f)  Level of district local effort.
825     Section 14.  Paragraph (a) of subsection (1) of section
8261013.21, Florida Statutes, is amended to read:
827     1013.21  Reduction of relocatable facilities in use.-
828     (1)(a)  It is a goal of the Legislature that all school
829districts shall provide a quality educational environment for
830their students such that, by July 1, 2003, student stations in
831relocatable facilities exceeding 20 years of age and in use by a
832district during the 1998-1999 fiscal year shall be removed and
833the number of all other relocatable student stations at over-
834capacity schools during that fiscal year shall be decreased by
835half. The Legislature finds, however, that necessary maintenance
836of existing facilities and public school enrollment growth
837impair the ability of some districts to achieve the goal of this
838section within 5 years. Therefore, the Legislature is increasing
839its commitment to school funding in this act, in part to help
840districts reduce the number of temporary, relocatable student
841stations at over-capacity schools. The Legislature intends that
842local school districts also increase their investment toward
843meeting this goal. Each district's progress toward meeting this
844goal shall be measured annually by comparing district facilities
845work programs for replacing relocatables with the state capital
846outlay projections for education prepared by the Office of
847Educational Facilities and SMART Schools Clearinghouse. District
848facilities work programs shall be monitored by the Office of
849Educational Facilities SMART Schools Clearinghouse to measure
850the commitment of local school districts toward this goal.
851     Section 15.  Paragraph (a) of subsection (2), paragraph (a)
852of subsection (4), and subsection (9) of section 1013.33,
853Florida Statutes, are amended to read:
854     1013.33  Coordination of planning with local governing
855bodies.-
856     (2)(a)  The school board, county, and nonexempt
857municipalities located within the geographic area of a school
858district shall enter into an interlocal agreement that jointly
859establishes the specific ways in which the plans and processes
860of the district school board and the local governments are to be
861coordinated. The interlocal agreements shall be submitted to the
862state land planning agency and the Office of Educational
863Facilities and the SMART Schools Clearinghouse in accordance
864with a schedule published by the state land planning agency.
865     (4)(a)  The Office of Educational Facilities and SMART
866Schools Clearinghouse shall submit any comments or concerns
867regarding the executed interlocal agreement to the state land
868planning agency within 30 days after receipt of the executed
869interlocal agreement. The state land planning agency shall
870review the executed interlocal agreement to determine whether it
871is consistent with the requirements of subsection (3), the
872adopted local government comprehensive plan, and other
873requirements of law. Within 60 days after receipt of an executed
874interlocal agreement, the state land planning agency shall
875publish a notice of intent in the Florida Administrative Weekly
876and shall post a copy of the notice on the agency's Internet
877site. The notice of intent must state that the interlocal
878agreement is consistent or inconsistent with the requirements of
879subsection (3) and this subsection as appropriate.
880     (9)  A board and the local governing body must share and
881coordinate information related to existing and planned school
882facilities; proposals for development, redevelopment, or
883additional development; and infrastructure required to support
884the school facilities, concurrent with proposed development. A
885school board shall use information produced by the demographic,
886revenue, and education estimating conferences pursuant to s.
887216.136 when preparing the district educational facilities plan
888pursuant to s. 1013.35, as modified and agreed to by the local
889governments, when provided by interlocal agreement, and the
890Office of Educational Facilities and SMART Schools
891Clearinghouse, in consideration of local governments' population
892projections, to ensure that the district educational facilities
893plan not only reflects enrollment projections but also considers
894applicable municipal and county growth and development
895projections. The projections must be apportioned geographically
896with assistance from the local governments using local
897government trend data and the school district student enrollment
898data. A school board is precluded from siting a new school in a
899jurisdiction where the school board has failed to provide the
900annual educational facilities plan for the prior year required
901pursuant to s. 1013.35 unless the failure is corrected.
902     Section 16.  Paragraph (c) of subsection (1) and paragraph
903(a) of subsection (2) of section 1013.35, Florida Statutes, are
904amended to read:
905     1013.35  School district educational facilities plan;
906definitions; preparation, adoption, and amendment; long-term
907work programs.-
908     (1)  DEFINITIONS.-As used in this section, the term:
909     (c)  "Tentative educational facilities plan" means the
910comprehensive planning document prepared annually by the
911district school board and submitted to the Office of Educational
912Facilities and SMART Schools Clearinghouse and the affected
913general-purpose local governments.
914     (2)  PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
915FACILITIES PLAN.-
916     (a)  Annually, prior to the adoption of the district school
917budget, each district school board shall prepare a tentative
918district educational facilities plan that includes long-range
919planning for facilities needs over 5-year, 10-year, and 20-year
920periods. The plan must be developed in coordination with the
921general-purpose local governments and be consistent with the
922local government comprehensive plans. The school board's plan
923for provision of new schools must meet the needs of all growing
924communities in the district, ranging from small rural
925communities to large urban cities. The plan must include:
926     1.  Projected student populations apportioned
927geographically at the local level. The projections must be based
928on information produced by the demographic, revenue, and
929education estimating conferences pursuant to s. 216.136, where
930available, as modified by the district based on development data
931and agreement with the local governments and the Office of
932Educational Facilities and SMART Schools Clearinghouse. The
933projections must be apportioned geographically with assistance
934from the local governments using local development trend data
935and the school district student enrollment data.
936     2.  An inventory of existing school facilities. Any
937anticipated expansions or closures of existing school sites over
938the 5-year, 10-year, and 20-year periods must be identified. The
939inventory must include an assessment of areas proximate to
940existing schools and identification of the need for improvements
941to infrastructure, safety, including safe access routes, and
942conditions in the community. The plan must also provide a
943listing of major repairs and renovation projects anticipated
944over the period of the plan.
945     3.  Projections of facilities space needs, which may not
946exceed the norm space and occupant design criteria established
947in the State Requirements for Educational Facilities.
948     4.  Information on leased, loaned, and donated space and
949relocatables used for conducting the district's instructional
950programs.
951     5.  The general location of public schools proposed to be
952constructed over the 5-year, 10-year, and 20-year time periods,
953including a listing of the proposed schools' site acreage needs
954and anticipated capacity and maps showing the general locations.
955The school board's identification of general locations of future
956school sites must be based on the school siting requirements of
957s. 163.3177(6)(a) and policies in the comprehensive plan which
958provide guidance for appropriate locations for school sites.
959     6.  The identification of options deemed reasonable and
960approved by the school board which reduce the need for
961additional permanent student stations. Such options may include,
962but need not be limited to:
963     a.  Acceptable capacity;
964     b.  Redistricting;
965     c.  Busing;
966     d.  Year-round schools;
967     e.  Charter schools;
968     f.  Magnet schools; and
969     g.  Public-private partnerships.
970     7.  The criteria and method, jointly determined by the
971local government and the school board, for determining the
972impact of proposed development to public school capacity.
973     Section 17.  Subsections (3) and (4) of section 1013.41,
974Florida Statutes, are amended to read:
975     1013.41  SMART schools; Classrooms First; legislative
976purpose.-
977     (3)  SCHOOL DISTRICT EDUCATIONAL FACILITIES PLAN.-It is the
978purpose of the Legislature to create s. 1013.35, requiring each
979school district annually to adopt an educational facilities plan
980that provides an integrated long-range facilities plan,
981including the survey of projected needs and the 5-year work
982program. The purpose of the educational facilities plan is to
983keep the district school board, local governments, and the
984public fully informed as to whether the district is using sound
985policies and practices that meet the essential needs of students
986and that warrant public confidence in district operations. The
987educational facilities plan will be monitored by the Office of
988Educational Facilities and SMART Schools Clearinghouse, which
989will also apply performance standards pursuant to s. 1013.04.
990     (4)  OFFICE OF EDUCATIONAL FACILITIES AND SMART SCHOOLS
991CLEARINGHOUSE.-It is the purpose of the Legislature to require
992create s. 1013.05, establishing the Office of Educational
993Facilities and SMART Schools Clearinghouse to assist the school
994districts in building SMART schools utilizing functional and
995frugal practices. The Office of Educational Facilities and SMART
996Schools Clearinghouse must review district facilities work
997programs and projects and identify districts qualified for
998incentive funding available through School Infrastructure Thrift
999Program awards; identify opportunities to maximize design and
1000construction savings; develop school district facilities work
1001program performance standards; and provide for review and
1002recommendations to the Governor, the Legislature, and the State
1003Board of Education.
1004     Section 18.  Paragraphs (a) and (b) of subsection (6) of
1005section 1013.42, Florida Statutes, are amended to read:
1006     1013.42  School Infrastructure Thrift (SIT) Program Act.-
1007     (6)(a)  Each school district may submit to the Office of
1008Educational Facilities and SMART Schools Clearinghouse, with
1009supporting data, its request, based on eligibility pursuant to
1010s. 1013.72 for an award of SIT Program dollars.
1011     (b)  The Office of Educational Facilities and SMART Schools
1012Clearinghouse shall examine the supporting data from each school
1013district and shall report to the commissioner each district's
1014eligibility pursuant to s. 1013.72. Based on the office's report
1015and pursuant to ss. 1013.04 and 1013.05, The office shall make
1016recommendations, ranked in order of priority, for SIT Program
1017awards to eligible districts. Priority shall be based on a
1018review of the evaluations conducted under s. 1013.04, district
1019facilities work programs, and proposed construction projects.
1020     Section 19.  Section 1013.72, Florida Statutes, is amended
1021to read:
1022     1013.72  SIT Program award eligibility; maximum cost per
1023student station of educational facilities; frugality incentives;
1024recognition awards.-
1025     (1)  It is the intent of the Legislature that district
1026school boards that seek awards of SIT Program funds use due
1027diligence and sound business practices in the design,
1028construction, and use of educational facilities.
1029     (2)  A school district may seek an award from the SIT
1030Program, pursuant to this section and s. 1013.42, based on the
1031district's new construction of educational facilities if the
1032cost per student station is less than:
1033     (a)  $17,952 $11,600 for an elementary school,
1034     (b)  $19,386 $13,300 for a middle school, or
1035     (c)  $25,181 $17,600 for a high school,
1036
1037(January 2006) (1997) as adjusted annually by the Consumer Price
1038Index. The award shall be up to 50 percent of such savings, as
1039recommended by the Office of Educational Facilities and SMART
1040Schools Clearinghouse.
1041     (3)  A school district may seek a SMART school of the year
1042recognition award for building the highest quality functional,
1043frugal school. The commissioner may present a trophy or plaque
1044and a cash award to the school recommended by the Office of
1045Educational Facilities and SMART Schools Clearinghouse for a
1046SMART school of the year recognition award.
1047     Section 20.  Subsection (1) of section 1013.73, Florida
1048Statutes, is amended to read:
1049     1013.73  Effort index grants for school district
1050facilities.-
1051     (1)  The Legislature hereby allocates for effort index
1052grants the sum of $300 million from the funds appropriated from
1053the Educational Enhancement Trust Fund by s. 46, chapter 97-384,
1054Laws of Florida, contingent upon the sale of school capital
1055outlay bonds. From these funds, the Commissioner of Education
1056shall allocate to the four school districts deemed eligible for
1057an effort index grant by the SMART Schools Clearinghouse the
1058sums of $7,442,890 to the Clay County School District,
1059$62,755,920 to the Miami-Dade County Public Schools, $1,628,590
1060to the Hendry County School District, and $414,950 to the
1061Madison County School District. The remaining funds shall be
1062allocated among the remaining district school boards that
1063qualify for an effort index grant by meeting the local capital
1064outlay effort criteria in paragraph (a) or paragraph (b).
1065     (a)  Between July 1, 1995, and June 30, 1999, the school
1066district received direct proceeds from the one-half-cent sales
1067surtax for public school capital outlay authorized by s.
1068212.055(6) or from the local government infrastructure sales
1069surtax authorized by s. 212.055(2).
1070     (b)  The school district met two of the following criteria:
1071     1.  Levied the full 2 mills of nonvoted discretionary
1072capital outlay authorized by s. 1011.71(2) during 1995-1996,
10731996-1997, 1997-1998, and 1998-1999.
1074     2.  Levied a cumulative voted millage for capital outlay
1075and debt service equal to 2.5 mills for fiscal years 1995
1076through 1999.
1077     3.  Received proceeds of school impact fees greater than
1078$500 per dwelling unit which were in effect on July 1, 1998.
1079     4.  Received direct proceeds from either the one-half-cent
1080sales surtax for public school capital outlay authorized by s.
1081212.055(6) or from the local government infrastructure sales
1082surtax authorized by s. 212.055(2).
1083     Section 21.  The Legislature recognizes that there is a
1084need to conform the Florida K-20 Education Code to changes in
1085terminology relating to community colleges that were enacted by
1086chapter 2008-52, Laws of Florida, establishing the Florida
1087College System, and chapter 2009-228, Laws of Florida, renaming
1088the "Division of Community Colleges" as the "Division of Florida
1089Colleges" and defining the term "Florida college." Therefore, in
1090the interim between this act becoming a law and the 2011 Regular
1091Session of the Legislature, the Division of Statutory Revision
1092of the Office of Legislative Services shall prepare a reviser's
1093bill to substitute the term "Florida College System institution"
1094for the terms "Florida college," "community college," and
1095"junior college" where those terms appear in the Florida K-20
1096Education Code.
1097     Section 22.  Section 1004.87, Florida Statutes, is
1098repealed.
1099     Section 23.  Section 1002.335, Florida Statutes, is
1100repealed.
1101     Section 24.  Paragraphs (a) and (d) through (i) of
1102subsection (6) of section 1002.33, Florida Statutes, are amended
1103to read:
1104     1002.33  Charter schools.-
1105     (6)  APPLICATION PROCESS AND REVIEW.-Charter school
1106applications are subject to the following requirements:
1107     (a)  A person or entity wishing to open a charter school
1108shall prepare and submit an application on a model application
1109form prepared by the Department of Education which:
1110     1.  Demonstrates how the school will use the guiding
1111principles and meet the statutorily defined purpose of a charter
1112school.
1113     2.  Provides a detailed curriculum plan that illustrates
1114how students will be provided services to attain the Sunshine
1115State Standards.
1116     3.  Contains goals and objectives for improving student
1117learning and measuring that improvement. These goals and
1118objectives must indicate how much academic improvement students
1119are expected to show each year, how success will be evaluated,
1120and the specific results to be attained through instruction.
1121     4.  Describes the reading curriculum and differentiated
1122strategies that will be used for students reading at grade level
1123or higher and a separate curriculum and strategies for students
1124who are reading below grade level. A sponsor shall deny a
1125charter if the school does not propose a reading curriculum that
1126is consistent with effective teaching strategies that are
1127grounded in scientifically based reading research.
1128     5.  Contains an annual financial plan for each year
1129requested by the charter for operation of the school for up to 5
1130years. This plan must contain anticipated fund balances based on
1131revenue projections, a spending plan based on projected revenues
1132and expenses, and a description of controls that will safeguard
1133finances and projected enrollment trends.
1134     6.  Documents that the applicant has participated in the
1135training required in subparagraph (f)(g)2. A sponsor may require
1136an applicant to provide additional information as an addendum to
1137the charter school application described in this paragraph.
1138     (d)  For charter school applications in school districts
1139that have not been granted exclusive authority to sponsor
1140charter schools pursuant to s. 1002.335(5), the right to appeal
1141an application denial under paragraph (c) shall be contingent on
1142the applicant having submitted the same or a substantially
1143similar application to the Florida Schools of Excellence
1144Commission or one of its cosponsors. Any such applicant whose
1145application is denied by the commission or one of its cosponsors
1146subsequent to its denial by the district school board may
1147exercise its right to appeal the district school board's denial
1148under paragraph (c) within 30 days after receipt of the
1149commission's or cosponsor's denial or failure to act on the
1150application. However, the applicant forfeits its right to appeal
1151under paragraph (c) if it fails to submit its application to the
1152commission or one of its cosponsors by August 1 of the school
1153year immediately following the district school board's denial of
1154the application.
1155     (d)(e)  The sponsor shall act upon the decision of the
1156State Board of Education within 30 calendar days after it is
1157received. The State Board of Education's decision is a final
1158action subject to judicial review in the district court of
1159appeal.
1160     (e)(f)1.  A Charter School Appeal Commission is established
1161to assist the commissioner and the State Board of Education with
1162a fair and impartial review of appeals by applicants whose
1163charter applications have been denied, whose charter contracts
1164have not been renewed, or whose charter contracts have been
1165terminated by their sponsors.
1166     2.  The Charter School Appeal Commission may receive copies
1167of the appeal documents forwarded to the State Board of
1168Education, review the documents, gather other applicable
1169information regarding the appeal, and make a written
1170recommendation to the commissioner. The recommendation must
1171state whether the appeal should be upheld or denied and include
1172the reasons for the recommendation being offered. The
1173commissioner shall forward the recommendation to the State Board
1174of Education no later than 7 calendar days prior to the date on
1175which the appeal is to be heard. The state board must consider
1176the commission's recommendation in making its decision, but is
1177not bound by the recommendation. The decision of the Charter
1178School Appeal Commission is not subject to the provisions of the
1179Administrative Procedure Act, chapter 120.
1180     3.  The commissioner shall appoint the members of the
1181Charter School Appeal Commission. Members shall serve without
1182compensation but may be reimbursed for travel and per diem
1183expenses in conjunction with their service. One-half of the
1184members must represent currently operating charter schools, and
1185one-half of the members must represent sponsors. The
1186commissioner or a named designee shall chair the Charter School
1187Appeal Commission.
1188     4.  The chair shall convene meetings of the commission and
1189shall ensure that the written recommendations are completed and
1190forwarded in a timely manner. In cases where the commission
1191cannot reach a decision, the chair shall make the written
1192recommendation with justification, noting that the decision was
1193rendered by the chair.
1194     5.  Commission members shall thoroughly review the
1195materials presented to them from the appellant and the sponsor.
1196The commission may request information to clarify the
1197documentation presented to it. In the course of its review, the
1198commission may facilitate the postponement of an appeal in those
1199cases where additional time and communication may negate the
1200need for a formal appeal and both parties agree, in writing, to
1201postpone the appeal to the State Board of Education. A new date
1202certain for the appeal shall then be set based upon the rules
1203and procedures of the State Board of Education. Commission
1204members shall provide a written recommendation to the state
1205board as to whether the appeal should be upheld or denied. A
1206fact-based justification for the recommendation must be
1207included. The chair must ensure that the written recommendation
1208is submitted to the State Board of Education members no later
1209than 7 calendar days prior to the date on which the appeal is to
1210be heard. Both parties in the case shall also be provided a copy
1211of the recommendation.
1212     (f)(g)1.  The Department of Education shall offer or
1213arrange for training and technical assistance to charter school
1214applicants in developing business plans and estimating costs and
1215income. This assistance shall address estimating startup costs,
1216projecting enrollment, and identifying the types and amounts of
1217state and federal financial assistance the charter school may be
1218eligible to receive. The department may provide other technical
1219assistance to an applicant upon written request.
1220     2.  A charter school applicant must participate in the
1221training provided by the Department of Education before filing
1222an application. However, a sponsor may require the charter
1223school applicant to attend training provided by the sponsor in
1224lieu of the department's training if the sponsor's training
1225standards meet or exceed the standards developed by the
1226Department of Education. The training shall include instruction
1227in accurate financial planning and good business practices. If
1228the applicant is a management company or other nonprofit
1229organization, the charter school principal and the chief
1230financial officer or his or her equivalent must also participate
1231in the training.
1232     (g)(h)  In considering charter applications for a lab
1233school, a state university shall consult with the district
1234school board of the county in which the lab school is located.
1235The decision of a state university may be appealed pursuant to
1236the procedure established in this subsection.
1237     (h)(i)  The terms and conditions for the operation of a
1238charter school shall be set forth by the sponsor and the
1239applicant in a written contractual agreement, called a charter.
1240The sponsor shall not impose unreasonable rules or regulations
1241that violate the intent of giving charter schools greater
1242flexibility to meet educational goals. The sponsor shall have 60
1243days to provide an initial proposed charter contract to the
1244charter school. The applicant and the sponsor shall have 75 days
1245thereafter to negotiate and notice the charter contract for
1246final approval by the sponsor unless both parties agree to an
1247extension. The proposed charter contract shall be provided to
1248the charter school at least 7 calendar days prior to the date of
1249the meeting at which the charter is scheduled to be voted upon
1250by the sponsor. The Department of Education shall provide
1251mediation services for any dispute regarding this section
1252subsequent to the approval of a charter application and for any
1253dispute relating to the approved charter, except disputes
1254regarding charter school application denials. If the
1255Commissioner of Education determines that the dispute cannot be
1256settled through mediation, the dispute may be appealed to an
1257administrative law judge appointed by the Division of
1258Administrative Hearings. The administrative law judge may rule
1259on issues of equitable treatment of the charter school as a
1260public school, whether proposed provisions of the charter
1261violate the intended flexibility granted charter schools by
1262statute, or on any other matter regarding this section except a
1263charter school application denial, a charter termination, or a
1264charter nonrenewal and shall award the prevailing party
1265reasonable attorney's fees and costs incurred to be paid by the
1266losing party. The costs of the administrative hearing shall be
1267paid by the party whom the administrative law judge rules
1268against.
1269     Section 25.  Subsection (5) of section 1003.413, Florida
1270Statutes, is repealed.
1271     Section 26.  Section 1003.62, Florida Statutes, is
1272repealed.
1273     Section 27.  Subsection (2) of section 1011.69, Florida
1274Statutes, is amended to read:
1275     1011.69  Equity in School-Level Funding Act.-
1276     (2)  Beginning in the 2003-2004 fiscal year, district
1277school boards shall allocate to schools within the district an
1278average of 90 percent of the funds generated by all schools and
1279guarantee that each school receives at least 80 percent of the
1280funds generated by that school based upon the Florida Education
1281Finance Program as provided in s. 1011.62 and the General
1282Appropriations Act, including gross state and local funds,
1283discretionary lottery funds, and funds from the school
1284district's current operating discretionary millage levy. Total
1285funding for each school shall be recalculated during the year to
1286reflect the revised calculations under the Florida Education
1287Finance Program by the state and the actual weighted full-time
1288equivalent students reported by the school during the full-time
1289equivalent student survey periods designated by the Commissioner
1290of Education. If the district school board is providing programs
1291or services to students funded by federal funds, any eligible
1292students enrolled in the schools in the district shall be
1293provided federal funds. Only academic performance-based charter
1294school districts, pursuant to s. 1003.62, are exempt from the
1295provisions of this section.
1296     Section 28.  Paragraph (b) of subsection (6) of section
12971013.64, Florida Statutes, is amended to read:
1298     1013.64  Funds for comprehensive educational plant needs;
1299construction cost maximums for school district capital
1300projects.-Allocations from the Public Education Capital Outlay
1301and Debt Service Trust Fund to the various boards for capital
1302outlay projects shall be determined as follows:
1303     (6)
1304     (b)1.  A district school board, including a district school
1305board of an academic performance-based charter school district,
1306must not use funds from the following sources: Public Education
1307Capital Outlay and Debt Service Trust Fund; School District and
1308Community College District Capital Outlay and Debt Service Trust
1309Fund; Classrooms First Program funds provided in s. 1013.68;
1310effort index grant funds provided in s. 1013.73; nonvoted 1.5-
1311mill levy of ad valorem property taxes provided in s.
13121011.71(2); Classrooms for Kids Program funds provided in s.
13131013.735; District Effort Recognition Program funds provided in
1314s. 1013.736; or High Growth District Capital Outlay Assistance
1315Grant Program funds provided in s. 1013.738 for any new
1316construction of educational plant space with a total cost per
1317student station, including change orders, that equals more than:
1318     a.  $17,952 for an elementary school,
1319     b.  $19,386 for a middle school, or
1320     c.  $25,181 for a high school,
1321
1322(January 2006) as adjusted annually to reflect increases or
1323decreases in the Consumer Price Index.
1324     2.  A district school board must not use funds from the
1325Public Education Capital Outlay and Debt Service Trust Fund or
1326the School District and Community College District Capital
1327Outlay and Debt Service Trust Fund for any new construction of
1328an ancillary plant that exceeds 70 percent of the average cost
1329per square foot of new construction for all schools.
1330     Section 29.  Section 1003.63 and subsection (7) of section
13311008.345, Florida Statutes, are repealed.
1332     Section 30.  Subsection (2) of section 1004.68, Florida
1333Statutes, is amended to read:
1334     1004.68  Community college; degrees and certificates; tests
1335for certain skills.-
1336     (2)  Each community college board of trustees shall require
1337the use of scores on tests for college-level communication and
1338computation skills provided in s. 1008.345(7)(8) as a condition
1339for graduation with an associate in arts degree.
1340     Section 31.  Section 1006.67, Florida Statutes, is
1341repealed.
1342     Section 32.  Section 1013.11, Florida Statutes, is amended
1343to read:
1344     1013.11  Postsecondary institutions assessment of physical
1345plant safety.-The president of each postsecondary institution
1346shall conduct or cause to be conducted an annual assessment of
1347physical plant safety. An annual report shall incorporate the
1348findings obtained through such assessment and recommendations
1349for the improvement of safety on each campus. The annual report
1350shall be submitted to the respective governing or licensing
1351board of jurisdiction no later than January 1 of each year. Each
1352board shall compile the individual institutional reports and
1353convey the aggregate institutional reports to the Commissioner
1354of Education or the Chancellor of the State University System,
1355as appropriate. The Commissioner of Education and the Chancellor
1356of the State University System shall convey these reports and
1357the reports required in s. 1006.67 to the President of the
1358Senate and the Speaker of the House of Representatives no later
1359than March 1 of each year.
1360     Section 33.  Sections 1009.63, 1009.631, 1009.632,
13611009.633, 1009.634, and 1009.64, Florida Statutes, are repealed.
1362     Section 34.  Paragraph (a) of subsection (1) of section
13631009.40, Florida Statutes, is amended to read:
1364     1009.40  General requirements for student eligibility for
1365state financial aid awards and tuition assistance grants.-
1366     (1)(a)  The general requirements for eligibility of
1367students for state financial aid awards and tuition assistance
1368grants consist of the following:
1369     1.  Achievement of the academic requirements of and
1370acceptance at a state university or community college; a nursing
1371diploma school approved by the Florida Board of Nursing; a
1372Florida college, university, or community college which is
1373accredited by an accrediting agency recognized by the State
1374Board of Education; any Florida institution the credits of which
1375are acceptable for transfer to state universities; any career
1376center; or any private career institution accredited by an
1377accrediting agency recognized by the State Board of Education.
1378     2.  Residency in this state for no less than 1 year
1379preceding the award of aid or a tuition assistance grant for a
1380program established pursuant to s. 1009.50, s. 1009.505, s.
13811009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s.
13821009.57, s. 1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s.
13831009.72, s. 1009.73, s. 1009.77, s. 1009.89, or s. 1009.891.
1384Residency in this state must be for purposes other than to
1385obtain an education. Resident status for purposes of receiving
1386state financial aid awards shall be determined in the same
1387manner as resident status for tuition purposes pursuant to s.
13881009.21.
1389     3.  Submission of certification attesting to the accuracy,
1390completeness, and correctness of information provided to
1391demonstrate a student's eligibility to receive state financial
1392aid awards or tuition assistance grants. Falsification of such
1393information shall result in the denial of any pending
1394application and revocation of any award or grant currently held
1395to the extent that no further payments shall be made.
1396Additionally, students who knowingly make false statements in
1397order to receive state financial aid awards or tuition
1398assistance grants commit a misdemeanor of the second degree
1399subject to the provisions of s. 837.06 and shall be required to
1400return all state financial aid awards or tuition assistance
1401grants wrongfully obtained.
1402     Section 35.  Paragraph (c) of subsection (2) of section
14031009.94, Florida Statutes, is amended to read:
1404     1009.94  Student financial assistance database.-
1405     (2)  For purposes of this section, financial assistance
1406includes:
1407     (c)  Any financial assistance provided under s. 1009.50, s.
14081009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s.
14091009.55, s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s.
14101009.63, s. 1009.68, s. 1009.70, s. 1009.701, s. 1009.72, s.
14111009.73, s. 1009.74, s. 1009.77, s. 1009.89, or s. 1009.891.
1412     Section 36.  This act shall take effect July 1, 2010.


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