July 12, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
Senate Bill 1452

Senate Bill sb1452c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                           CS for SB 1452

    By the Committee on Education; and Senator Bennett





    304-2663-04

  1                      A bill to be entitled

  2         An act relating to career education; revising

  3         terminology relating to career, technical,

  4         vocational, and workforce education; amending

  5         s. 1002.34, F.S.; allowing charter technical

  6         career center sponsors to submit full-time

  7         enrollment membership data as defined in the

  8         charter agreement; deleting requirements

  9         relating to the number of days of instruction;

10         creating s. 1003.431, F.S.; providing for a

11         career education certification on a high school

12         diploma; providing academic requirements for

13         students enrolled in comprehensive career

14         education programs; requiring the State Board

15         of Education to define and specify by rule

16         courses and experiences consistent with a

17         comprehensive career education program;

18         authorizing the State Board of Education to

19         adopt by rule a standard format for career

20         education certification; allowing incentive

21         funding to school districts for students

22         receiving the certification; amending s.

23         1003.491, F.S.; providing certain

24         responsibilities for district school boards and

25         superintendents relating to career education

26         certification; creating s. 1003.492, F.S.;

27         providing for coordination of career education

28         programs with industry; requiring the State

29         Board of Education to adopt rules for

30         implementing an industry certification process;

31         requiring the Department of Education to study

                                  1

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         student performance in industry-certified

 2         career education programs; requiring a study by

 3         the Department of Education to determine the

 4         need for cost factors or startup funding for

 5         industry-certified career education programs;

 6         creating s. 1006.025, F.S.; requiring district

 7         school boards to submit guidance reports to the

 8         Commissioner of Education and providing

 9         requirements thereof; amending s. 1012.01,

10         F.S.; revising a personnel classification

11         title; amending s. 1011.80, F.S.; repealing the

12         Florida Workforce Development Education Fund;

13         redesignating adult technical education

14         programs as workforce education programs;

15         revising requirements for funding; requiring

16         reporting and cost analysis; amending ss.

17         1009.22 and 1011.83, F.S.; deleting references

18         to the Florida Workforce Development Education

19         Fund; requiring the Agency for Workforce

20         Innovation and the Council for Education Policy

21         Research and Improvement to study the need for

22         new and expanded apprenticeship and other

23         workforce education programs; requiring a

24         report of findings and recommendations;

25         requiring the Commissioner of Education to

26         convene a study group to investigate workforce

27         education issues; requiring the study group to

28         submit a report with recommendations for

29         modifications to the workforce education

30         system; amending ss. 20.18, 110.1099, 112.19,

31         112.191, 112.1915, 238.01, 250.10, 250.482,

                                  2

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         288.047, 288.9511, 292.05, 292.10, 295.02,

 2         295.125, 339.0805, 364.508, 376.0705, 380.0651,

 3         402.305, 402.3051, 403.716, 414.0252, 420.0004,

 4         420.524, 420.602, 440.16, 443.171, 445.003,

 5         445.004, 445.009, 445.012, 445.0123, 445.024,

 6         445.049, 446.011, 446.052, 446.22, 475.17,

 7         475.451, 475.617, 475.6175, 475.618, 475.627,

 8         494.0029, 509.302, 553.841, 790.06, 790.115,

 9         810.095, 943.14, 948.015, 948.09, 958.12,

10         985.03, 985.315, 1000.04, 1000.05, 1001.42,

11         1001.44, 1001.452, 1001.453, 1001.64, 1002.01,

12         1002.20, 1002.22, 1002.38, 1002.42, 1003.01,

13         1003.02, 1003.43, 1003.47, 1003.51, 1003.52,

14         1004.02, 1004.04, 1004.07, 1004.54, 1004.65,

15         1004.73, 1004.91, 1004.92, 1004.93, 1004.98,

16         1005.02, 1005.06, 1005.21, 1006.035, 1006.051,

17         1006.21, 1006.31, 1007.21, 1007.23, 1007.24,

18         1007.25, 1007.27, 1007.271, 1008.37, 1008.385,

19         1008.405, 1008.41, 1008.42, 1008.43, 1008.45,

20         1009.23, 1009.25, 1009.40, 1009.532, 1009.533,

21         1009.536, 1009.55, 1009.61, 1009.64, 1009.98,

22         1010.20, 1010.58, 1011.62, 1011.68, 1012.01,

23         1012.39, 1012.41, 1012.43, 1013.03, 1013.31,

24         1013.64, and 1013.75, F.S., to conform;

25         providing an effective date.

26  

27  Be It Enacted by the Legislature of the State of Florida:

28  

29         Section 1.  Subsection (11) of section 1002.34, Florida

30  Statutes, is amended to read:

31         1002.34  Charter technical career centers.--

                                  3

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         (11)  FUNDING.--

 2         (a)  Notwithstanding any other provision of law, a

 3  charter technical career center's student membership

 4  enrollment must be calculated pursuant to this section.

 5         (b)(a)  Each district school board and community

 6  college that sponsors a charter technical career center shall

 7  pay directly to the center an amount stated in the

 8  charter.  State funding shall be generated for the center for

 9  its student enrollment and program outcomes as provided in

10  law.  A center is eligible for funding from workforce

11  education funds the Florida Workforce Development Education

12  Fund, the Florida Education Finance Program, and the Community

13  College Program Fund, depending upon the programs conducted by

14  the center.

15         (c)(b)  A center may receive other state and federal

16  aid, grants, and revenue through the district school board or

17  community college board of trustees.

18         (d)(c)  A center may receive gifts and grants from

19  private sources.

20         (e)(d)  A center may not levy taxes or issue bonds, but

21  it may charge a student tuition fee consistent with authority

22  granted in its charter and permitted by law.

23         (f)(e)  A center shall provide for an annual financial

24  audit in accordance with s. 218.39.

25         (g)  A center must define in the charter agreement the

26  delivery system in which the instructional offering of

27  educational services will be placed. The rules governing this

28  delivery system must be applied to all of the center's

29  students and must authorize all other sponsoring educational

30  systems to report required enrollment and student data based

31  solely on the rules of the offering institution. Each sponsor

                                  4

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  shall earn full-time equivalent membership for each student

 2  for funding and reporting purposes.

 3         (f)  A center must provide instruction for at least the

 4  number of days required by law for other public schools or

 5  community colleges, as appropriate, and may provide

 6  instruction for additional days.

 7         Section 2.  Section 1003.431, Florida Statutes, is

 8  created to read:

 9         1003.431  Career education certification.--

10         (1)  A student who fulfills the following requirements

11  shall be recognized with a career education certification on

12  his or her high school diploma:

13         (a)  Completion of the requirements for high school

14  graduation as provided in s. 1003.429 or s. 1003.43 and the

15  additional requirements for a comprehensive career education

16  program of study as provided in subsection (2).

17         (b)  A passing score on the college entry-level

18  placement test or an equivalent test identified by the

19  Department of Education with a score adequate to enroll in a

20  public postsecondary educational program without the need for

21  college preparatory or career preparatory instruction.

22         (2)  A comprehensive program of study in career

23  education shall be designed to prepare a student to continue

24  his or her education at a postsecondary educational

25  institution and obtain employment. A comprehensive career

26  education program of study must require of each student:

27         (a)  Completion of academic courses with a designation

28  from the Department of Education of level two or above. All

29  credits earned to meet graduation requirements in mathematics,

30  science, and communication must have that designation.

31  

                                  5

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         (b)  Attainment of at least one occupational completion

 2  point in an industry-certified career education program or

 3  completion of at least two courses in a technology education

 4  program.

 5         (c)  Completion of a one-credit course addressing

 6  workplace readiness skills. The course requirement may be

 7  satisfied by infusing course content into an existing select

 8  career and education course. The State Board of Education

 9  shall define by rule the content of the course and shall

10  ensure that the course meets graduation requirements for

11  performing fine arts or practical arts.

12         (d)  Participation in work-based learning experiences,

13  as defined by rule by the State Board of Education.

14         (e)  Participation in a capstone activity that includes

15  a project related to a career. This activity is designed to

16  apply and demonstrate the competencies and concepts attained

17  in the student's program of study. The State Board of

18  Education may specify by rule characteristics of capstone

19  activities that meet the intent of this paragraph.

20         (3)  The career education certification indicates that

21  the student is prepared to continue into postsecondary

22  education without the need for remediation and that the

23  student has marketable employment skills. The State Board of

24  Education may adopt by rule a standard format for the

25  certification.

26         (4)  A school district is not required to offer a

27  comprehensive career education program pursuant to this

28  section.  However, for each student who receives the career

29  education certification on his or her high school diploma, the

30  school district may receive incentive funding contingent upon

31  funding in the annual General Appropriations Act.

                                  6

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         (5)  A school district that generates funds as a result

 2  of incentive funding for student achievement of the career

 3  education certification on the high school diploma must expend

 4  the total amount on the comprehensive career education program

 5  of study. The school district may not apply indirect charges

 6  to incentive funds earned.

 7         Section 3.  Subsection (1) of section 1003.491, Florida

 8  Statutes, is amended, and subsection (3) is added to said

 9  section, to read:

10         1003.491  Career and technical education.--

11         (1)  School board, superintendent, and school

12  accountability for career and technical education within

13  elementary and secondary schools includes, but is not limited

14  to:

15         (a)  Student exposure to a variety of careers and

16  provision of instruction to explore specific careers in

17  greater depth.

18         (b)  Student awareness of available career and

19  technical programs and the corresponding occupations into

20  which such programs lead.

21         (c)  Student development of individual career plans.

22         (d)  Integration of academic and career and technical

23  skills in the secondary curriculum.

24         (e)  Student preparation to enter the workforce and

25  enroll in postsecondary education without being required to

26  complete college preparatory or career vocational preparatory

27  instruction.

28         (f)  Student retention in school through high school

29  graduation.

30         (g)  Career education and technical curriculum

31  articulation with corresponding postsecondary programs in the

                                  7

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  career local area technical center or community college, or

 2  both.

 3         (3)  Each district school board and superintendent

 4  shall implement all components required to obtain the career

 5  education certification on the high school diploma if the

 6  school district chooses to offer the certification.

 7         Section 4.  Section 1003.492, Florida Statutes, is

 8  created to read:

 9         1003.492  Industry-certified career education

10  programs.--

11         (1)  A career education program within a comprehensive

12  high school program of study shall be coordinated with the

13  appropriate industry indicating that all components of the

14  program are relevant and appropriate to prepare the student

15  for further education or for employment in that industry.

16         (2)  The State Board of Education shall adopt rules

17  pursuant to ss. 120.536(1) and 120.54 for implementing an

18  industry certification process, which rules must establish any

19  necessary procedures for obtaining appropriate business

20  partners and requirements for business and industry

21  involvement in curriculum oversight and equipment procurement.

22         (3)  The Department of Education shall study student

23  performance in industry-certified career education

24  programs.  The department shall identify districts that

25  currently operate industry-certified career education

26  programs. The study shall examine the performance of

27  participating students over time. Performance factors shall

28  include, but not be limited to, graduation rates, retention

29  rates, additional educational attainment, employment records,

30  earnings, and industry satisfaction. The results of this study

31  

                                  8

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  shall be submitted to the President of the Senate and the

 2  Speaker of the House of Representatives by December 31, 2004.

 3         (4)  The Department of Education shall conduct a study

 4  to determine if a cost factor should be applied to

 5  industry-certified career education programs and review the

 6  need for startup funding for the programs. The study shall be

 7  completed by December 31, 2004, and shall be submitted to the

 8  President of the Senate and the Speaker of the House of

 9  Representatives.

10         Section 5.  Section 1006.025, Florida Statutes, is

11  created to read:

12         1006.025  Guidance services.--

13         (1)  Each district school board shall annually submit a

14  district guidance report to the Commissioner of Education by

15  June 30.

16         (2)  The guidance report shall include, but not be

17  limited to, the following:

18         (a)  Examination of student access to guidance

19  counselors.

20         (b)  Degree to which a district has adopted or

21  implemented a guidance model program.

22         (c)  Evaluation of the information and training

23  available to guidance counselors and career specialists to

24  advise students on areas of critical need, labor market

25  trends, and technical training requirements.

26         (d)  Progress toward incorporation of best practices

27  for advisement as identified by the department.

28         (e)  Consideration of alternative guidance systems or

29  ideas, including, but not limited to, a teacher-advisor model,

30  mentoring, partnerships with the business community, web-based

31  delivery, and parental involvement.

                                  9

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         (f)  Actions taken to provide information to students

 2  for the school-to-work transition pursuant to s. 1006.02.

 3         (g)  A guidance plan for the district.

 4         (3)  The department shall provide resources to district

 5  school boards that may assist districts in preparing the

 6  annual guidance report. The resources shall include, but are

 7  not limited to, materials relating to guidance model programs,

 8  training available through the department for career guidance,

 9  adopted best practices, alternative guidance systems or ideas,

10  and a model district guidance plan.

11         Section 6.  Paragraph (b) of subsection (2) of section

12  1012.01, Florida Statutes, is amended to read:

13         1012.01  Definitions.--Specific definitions shall be as

14  follows, and wherever such defined words or terms are used in

15  the Florida K-20 Education Code, they shall be used as

16  follows:

17         (2)  INSTRUCTIONAL PERSONNEL.--"Instructional

18  personnel" means any staff member whose function includes the

19  provision of direct instructional services to students.

20  Instructional personnel also includes personnel whose

21  functions provide direct support in the learning process of

22  students. Included in the classification of instructional

23  personnel are:

24         (b)  Student personnel services.--Student personnel

25  services include staff members responsible for: advising

26  students with regard to their abilities and aptitudes,

27  educational and occupational opportunities, and personal and

28  social adjustments; providing placement services; performing

29  educational evaluations; and similar functions. Included in

30  this classification are guidance counselors, social workers,

31  

                                  10

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  career occupational/placement specialists, and school

 2  psychologists.

 3         Section 7.  Section 1011.80, Florida Statutes, is

 4  amended to read:

 5         1011.80  Funds for operation of workforce adult

 6  technical education programs.--

 7         (1)  As used in this section, the terms "workforce

 8  development education" and "workforce education development

 9  program" include:

10         (a)  Adult general education programs designed to

11  improve the employability skills of the state's workforce as

12  defined in s. 1004.02(3) s. 1004.02(5).

13         (b)  Career and technical certificate programs, as

14  defined in s. 1004.02(21) s. 1004.02(23) .

15         (c)  Applied technology diploma programs.

16         (d)  Continuing workforce education courses.

17         (e)  Degree career technical education programs.

18         (f)  Apprenticeship and preapprenticeship programs as

19  defined in s. 446.021.

20         (2)  Any workforce development education program may be

21  conducted by a community college or a school district, except

22  that college credit in an associate in applied science or an

23  associate in science degree may be awarded only by a community

24  college. However, if an associate in applied science or an

25  associate in science degree program contains within it an

26  occupational completion point that confers a certificate or an

27  applied technology diploma, that portion of the program may be

28  conducted by a school district career technical center. Any

29  instruction designed to articulate to a degree program is

30  subject to guidelines and standards adopted by the State Board

31  of Education pursuant to s. 1007.25.

                                  11

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         (3)  If a program for disabled adults pursuant to s.

 2  1004.93 is a workforce development program as defined in law,

 3  it must be funded as provided in this section.

 4         (4)  The Florida Workforce Development Education Fund

 5  is created to provide performance-based funding for all

 6  workforce development programs, whether the programs are

 7  offered by a school district or a community college. Funding

 8  for all workforce development education programs must be from

 9  the Workforce Development Education Fund and must be based on

10  cost categories, performance output measures, and performance

11  outcome measures.

12         (a)  The cost categories must be calculated to identify

13  high-cost programs, medium-cost programs, and low-cost

14  programs. The cost analysis used to calculate and assign a

15  program of study to a cost category must include at least both

16  direct and indirect instructional costs, consumable supplies,

17  equipment, and standard program length.

18         (b)1.  The performance output measure for career and

19  technical education programs of study is student completion of

20  a career and technical program of study that leads to an

21  occupational completion point associated with a certificate;

22  an apprenticeship program; or a program that leads to an

23  applied technology diploma or an associate in applied science

24  or associate in science degree. Performance output measures

25  for registered apprenticeship programs shall be based on

26  program lengths that coincide with lengths established

27  pursuant to the requirements of chapter 446.

28         2.  The performance output measure for an adult general

29  education course of study is measurable improvement in student

30  skills. This measure shall include improvement in literacy

31  skills, grade level improvement as measured by an approved

                                  12

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  test, or attainment of a State of Florida diploma or an adult

 2  high school diploma.

 3         (c)  The performance outcome measures for workforce

 4  education programs funded through the Workforce Development

 5  Education Fund are associated with placement and retention of

 6  students after reaching a completion point or completing a

 7  program of study. These measures include placement or

 8  retention in employment that is related to the program of

 9  study; placement into or retention in employment in an

10  occupation on the Workforce Estimating Conference list of

11  high-wage, high-skill occupations with sufficient openings, or

12  other High Wage/High Skill Program occupations as determined

13  by Workforce Florida, Inc.; and placement and retention of

14  participants or former participants in the welfare transition

15  program in employment. Continuing postsecondary education at a

16  level that will further enhance employment is a performance

17  outcome for adult general education programs. Placement and

18  retention must be reported pursuant to ss. 1008.39 and

19  1008.43.

20         (5)  State funding and student fees for workforce

21  education development instruction funded through the Workforce

22  Development Education Fund shall be established as follows:

23         (a)  For a continuing workforce education course, state

24  funding shall equal 50 percent of the cost of instruction,

25  with student fees, business support, quick-response training

26  funds, or other means making up the remaining 50 percent.

27         (b)  For all other workforce development education

28  programs funded through the Workforce Development Education

29  Fund, state funding shall equal 75 percent of the average cost

30  of instruction with the remaining 25 percent made up from

31  student fees. Fees for courses within a program shall not vary

                                  13

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  according to the cost of the individual program, but instead

 2  shall be based on a uniform fee calculated and set at the

 3  state level, as adopted by the State Board of Education,

 4  unless otherwise specified in the General Appropriations Act.

 5         (c)  For fee-exempt students pursuant to s. 1009.25,

 6  unless otherwise provided for in law, state funding shall

 7  equal 100 percent of the average cost of instruction.

 8         (6)(a)  A school district or a community college that

 9  provides workforce development education programs funded

10  through the Workforce Development Education Fund shall receive

11  funds in accordance with distributions for base and

12  performance funding established by the Legislature in the

13  General Appropriations Act. If the General Appropriations Act

14  does not provide for the distribution of funds, the following

15  methodology shall apply, pursuant to the following conditions:

16         1.  Base funding shall be allocated based on weighted

17  enrollment and shall not exceed 90 85 percent of the current

18  fiscal year total Workforce Development Education Fund

19  allocation, which shall be distributed by the Legislature in

20  the General Appropriations Act based on a maximum of 85

21  percent of the institution's prior year total allocation from

22  base and performance funds. The Department of Education shall

23  develop a funding process for school district workforce

24  education programs that is comparable with community college

25  workforce programs.

26         2.  Performance funding shall be at least 10 15 percent

27  of the current fiscal year total Workforce Development

28  Education Fund allocation, which shall be distributed by the

29  Legislature in the General Appropriations Act based on the

30  previous fiscal year's achievement of output and outcomes in

31  accordance with formulas adopted pursuant to subsection

                                  14

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  (10)(9). Performance funding must incorporate payments for at

 2  least three levels of placements that reflect wages and

 3  workforce demand. Payments for completions must not exceed 60

 4  percent of the payments for placement. School districts and

 5  community colleges shall be awarded funds pursuant to this

 6  paragraph based on performance output data and performance

 7  outcome data available in that year.

 8         3.  If a local educational agency achieves a level of

 9  performance sufficient to generate a full allocation as

10  authorized by the workforce development funding formula, the

11  agency may earn performance incentive funds as appropriated

12  for that purpose in a General Appropriations Act. If

13  performance incentive funds are funded and awarded, these

14  funds must be added to the local educational agency's prior

15  year total allocation from the Workforce Development Education

16  Fund and shall be used to calculate the following year's base

17  funding.

18         (b)  A program is established to assist school

19  districts and community colleges in responding to the needs of

20  new and expanding businesses and thereby strengthening the

21  state's workforce and economy. The program may be funded in

22  the General Appropriations Act. A school district or community

23  college may expend funds under the program without regard to

24  performance criteria set forth in subparagraph (a)2. The

25  district or community college shall use the program to provide

26  customized training for businesses which satisfies the

27  requirements of s. 288.047. Business firms whose employees

28  receive the customized training must provide 50 percent of the

29  cost of the training. Balances remaining in the program at the

30  end of the fiscal year shall not revert to the general fund,

31  but shall be carried over for 1 additional year and used for

                                  15

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  the purpose of serving incumbent worker training needs of area

 2  businesses with fewer than 100 employees. Priority shall be

 3  given to businesses that must increase or upgrade their use of

 4  technology to remain competitive.

 5         (7)  A school district or community college that

 6  receives workforce education funds earns performance funding

 7  must use the money to benefit the workforce postsecondary

 8  adult and technical education programs it provides. The money

 9  may be used for equipment upgrades, program expansions, or any

10  other use that would result in workforce education development

11  program improvement. The district school board or community

12  college board of trustees may not withhold any portion of the

13  performance funding for indirect costs. Notwithstanding s.

14  216.351, funds awarded pursuant to this section may be carried

15  across fiscal years and shall not revert to any other fund

16  maintained by the district school board or community college

17  board of trustees.

18         (8)  The State Board of Education and Workforce

19  Florida, Inc., shall provide the Legislature with recommended

20  formulas, criteria, timeframes, and mechanisms for

21  distributing performance funds. The commissioner shall

22  consolidate the recommendations and develop a consensus

23  proposal for funding. The Legislature shall adopt a formula

24  and distribute the performance funds to the State Board of

25  Education for community colleges and school districts through

26  the General Appropriations Act. These recommendations shall be

27  based on formulas that would discourage low-performing or

28  low-demand programs and encourage through performance-funding

29  awards:

30         (a)  Programs that prepare people to enter high-wage

31  occupations identified by the Workforce Estimating Conference

                                  16

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  created by s. 216.136 and other programs as approved by

 2  Workforce Florida, Inc. At a minimum, performance incentives

 3  shall be calculated for adults who reach completion points or

 4  complete programs that lead to specified high-wage employment

 5  and to their placement in that employment.

 6         (b)  Programs that successfully prepare adults who are

 7  eligible for public assistance, economically disadvantaged,

 8  disabled, not proficient in English, or dislocated workers for

 9  high-wage occupations.  At a minimum, performance incentives

10  shall be calculated at an enhanced value for the completion of

11  adults identified in this paragraph and job placement of such

12  adults upon completion. In addition, adjustments may be made

13  in payments for job placements for areas of high unemployment.

14         (c)  Programs that are specifically designed to be

15  consistent with the workforce needs of private enterprise and

16  regional economic development strategies, as defined in

17  guidelines set by Workforce Florida, Inc. Workforce Florida,

18  Inc., shall develop guidelines to identify such needs and

19  strategies based on localized research of private employers

20  and economic development practitioners.

21         (d)  Programs identified by Workforce Florida, Inc., as

22  increasing the effectiveness and cost efficiency of education.

23         (9)  School districts shall report full-time equivalent

24  students by discipline category for the programs specified in

25  subsection (1). There shall be an annual cost analysis for the

26  school district workforce education programs that reports cost

27  by discipline category consistent with the reporting for

28  full-time equivalent students. The annual financial reports

29  submitted by the school districts must accurately report on

30  the student fee revenues by fee type according to the programs

31  specified in subsection (1). The Department of Education shall

                                  17

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  develop a plan for comparable reporting of program, student,

 2  facility, personnel, and financial data between the community

 3  colleges and the school district workforce education programs.

 4         (10)(9)  A high school student dually enrolled under s.

 5  1007.271 in a workforce education development program funded

 6  through the Workforce Development Education Fund and operated

 7  by a community college or school district career technical

 8  center generates the amount calculated for workforce education

 9  funding by the Workforce Development Education Fund, including

10  any payment of performance funding, and the proportional share

11  of full-time equivalent enrollment generated through the

12  Florida Education Finance Program for the student's enrollment

13  in a high school. If a high school student is dually enrolled

14  in a community college program, including a program conducted

15  at a high school, the community college earns the funds

16  generated for workforce education funding, through the

17  Workforce Development Education Fund and the school district

18  earns the proportional share of full-time equivalent funding

19  from the Florida Education Finance Program. If a student is

20  dually enrolled in a career technical center operated by the

21  same district as the district in which the student attends

22  high school, that district earns the funds generated for

23  workforce education funding through the Workforce Development

24  Education Fund and also earns the proportional share of

25  full-time equivalent funding from the Florida Education

26  Finance Program. If a student is dually enrolled in a

27  workforce education development program provided by a career

28  technical center operated by a different school district, the

29  funds must be divided between the two school districts

30  proportionally from the two funding sources. A student may not

31  be reported for funding in a dual enrollment workforce

                                  18

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  education development program unless the student has completed

 2  the basic skills assessment pursuant to s. 1004.91.

 3         (11)(10)  The State Board of Education may adopt rules

 4  to administer this section.

 5         Section 8.  Subsections (1), (5), (12), and (13) of

 6  section 1009.22, Florida Statutes, are amended to read:

 7         1009.22  Workforce education development postsecondary

 8  student fees.--

 9         (1)  This section applies to students enrolled in

10  workforce education development programs who are reported for

11  funding through the Workforce Development Education Fund,

12  except that college credit fees for the community colleges are

13  governed by s. 1009.23.

14         (5)  Each district school board and community college

15  board of trustees may establish a separate fee for financial

16  aid purposes in an additional amount of up to 10 percent of

17  the student fees collected for workforce education development

18  programs funded through the Workforce Development Education

19  Fund. All fees collected shall be deposited into a separate

20  workforce education development student financial aid fee

21  trust fund of the school district or community college to

22  support students enrolled in workforce education development

23  programs. Any undisbursed balance remaining in the trust fund

24  and interest income accruing to investments from the trust

25  fund shall increase the total funds available for distribution

26  to workforce development education students. Awards shall be

27  based on student financial need and distributed in accordance

28  with a nationally recognized system of need analysis approved

29  by the State Board of Education. Fees collected pursuant to

30  this subsection shall be allocated in an expeditious manner.

31  

                                  19

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         (12)  Any school district or community college that

 2  reports students who have not paid fees in an approved manner

 3  in calculations of full-time equivalent enrollments for state

 4  funding purposes shall be penalized at a rate equal to 2 times

 5  the value of such enrollments. Such penalty shall be charged

 6  against the following year's allocation from workforce

 7  education funds the Florida Workforce Development Education

 8  Fund or the Community College Program Fund and shall revert to

 9  the General Revenue Fund. The State Board of Education shall

10  specify, in rule, approved methods of student fee payment.

11  Such methods must include, but need not be limited to, student

12  fee payment; payment through federal, state, or institutional

13  financial aid; and employer fee payments.

14         (13)  Each school district and community college shall

15  report only those students who have actually enrolled in

16  instruction provided or supervised by instructional personnel

17  under contract with the district or community college in

18  calculations of actual full-time enrollments for state funding

19  purposes. A student who has been exempted from taking a course

20  or who has been granted academic or technical credit through

21  means other than actual coursework completed at the granting

22  institution may not be calculated for enrollment in the course

23  from which the student has been exempted or for which the

24  student has been granted credit. School districts and

25  community colleges that report enrollments in violation of

26  this subsection shall be penalized at a rate equal to 2 times

27  the value of such enrollments. Such penalty shall be charged

28  against the following year's allocation from workforce

29  education funds the Workforce Development Education Fund and

30  shall revert to the General Revenue Fund.

31  

                                  20

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         Section 9.  Section 1011.83, Florida Statutes, is

 2  amended to read:

 3         1011.83  Financial support of community colleges.--Each

 4  community college that has been approved by the Department of

 5  Education and meets the requirements of law and rules of the

 6  State Board of Education shall participate in the Community

 7  College Program Fund. However, funds to support workforce

 8  education development programs conducted by community colleges

 9  shall be provided by the Workforce Development Education Fund

10  pursuant to s. 1011.80.

11         Section 10.  The Agency for Workforce Innovation and

12  the Council for Education Policy Research and Improvement

13  (CEPRI) shall conduct a joint study on the need for new and

14  expanded apprenticeship and other workforce education programs

15  within each workforce region. The study shall include all

16  apprenticeship programs registered pursuant to chapter 446,

17  Florida Statutes. A specific emphasis shall be placed upon

18  apprenticeships in construction and educational programs,

19  including, but not limited to, biotechnology, information

20  technology, allied health, or other identified areas of

21  critical need. The Agency for Workforce Innovation and CEPRI

22  shall jointly submit a report of their findings and

23  recommendations by December 31, 2004, to the Governor, the

24  President of the Senate, and the Speaker of the House of

25  Representatives.

26         Section 11.  Workforce education study.--

27         (1)  For purposes of this section, workforce education

28  is defined as the programs referenced in section 1011.80(1),

29  Florida Statutes.

30         (2)  To assist the Legislature in providing solutions

31  to the demands for workforce education, the Commissioner of

                                  21

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  Education shall convene a study group to investigate issues

 2  related to workforce education in Florida. The study group

 3  shall report to the commissioner and the State Board of

 4  Education on or before October 1, 2004, with specific actions

 5  necessary to affect the timely implementation of modifications

 6  to the workforce education system in Florida. The study group

 7  shall consider any relevant projects of the Council for

 8  Education Policy Research and Improvement and the Office of

 9  Program Policy Analysis and Government Accountability and

10  federal legislation or appropriations. Recommendations must be

11  consistent with the K-20 education performance accountability

12  system in section 1008.31, Florida Statutes. Based on the

13  study group report, the Commissioner of Education shall report

14  to the Governor, the Speaker of the House of Representatives,

15  and the President of the Senate on or before December 1, 2004,

16  a summary of the conclusions of the study group and

17  recommended funding and statutory changes if necessary.

18         (3)  The study group shall consist of members appointed

19  by the Commissioner of Education who represent school

20  districts, community colleges, public and independent

21  universities, private postsecondary schools and colleges, the

22  Agency for Workforce Innovation, Workforce Florida, Inc., and

23  Enterprise Florida, Inc., and other members deemed appropriate

24  by the commissioner, with a majority of the membership

25  consisting of representatives of business and industry.

26         (4)  The study group shall recommend an implementation

27  plan for their recommendations that shall include, but is not

28  limited to:

29         (a)  A recommended funding model for workforce

30  education that encompasses both enrollment and performance.

31  The recommendations must include a process for providing for

                                  22

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  growth and development of new programs to meet the demands of

 2  economic development at the state, regional, and local levels.

 3  Recommendations for funding should reflect consideration of

 4  state funding, student fees, and federal and private funding,

 5  as well as diverse needs and challenges faced by institutions.

 6         (b)  A recommended allocation model for workforce

 7  education based on occupational completion points, literacy

 8  completion points, and program length. Performance outcomes

 9  should reflect program completion, job placement, and

10  successful transfer to another educational institution.

11  Performance outcomes for traditionally hard-to-serve

12  populations may be weighted based on empirical evidence.

13  Performance outcomes should encourage the expansion of

14  public-private partnerships by including the successful

15  leveraging of private resources. Performance outcomes should

16  be evaluated by examining an institution's performance over

17  time rather than its performance relative to other

18  institutions and should be consistent regardless of the type

19  of institution offering the program.

20         (c)  Recommendations to improve articulation and obtain

21  the maximum appropriate transferability of coursework between

22  components of the workforce education system and between

23  workforce education programs and advanced degrees. The

24  implementation plan shall include a review of current

25  articulation practices for workforce education, examples of

26  best practices, and specific methods to improve articulation

27  options for all students participating in workforce education.

28         (d)  Recommendations for the implementation of

29  innovative programs that provide high school students with

30  work-related career-based educational opportunities.

31  Recommendations shall reflect the consideration of a broad

                                  23

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  array of options, including, but not limited to, high school

 2  career academies, charter technical centers,

 3  industry-certified educational opportunities, and the expanded

 4  use of career dual enrollment or other acceleration

 5  mechanisms. Recommendations shall also include expanded

 6  opportunities for partnership with business and industry to

 7  ensure that all components of any recommended program are

 8  relevant and appropriate to prepare students for further

 9  education and employment.

10         (e)  Recommendations for the implementation of

11  innovative options or expanded use of existing resources for

12  the delivery of postsecondary workforce education. These

13  options must respond to the need for access to workforce

14  education in geographic areas of high demand or unmet need or

15  to demand for programs in occupational clusters that are

16  targeted for purposes of economic development. Recommendations

17  must include, but are not limited to, consideration of the

18  increased use of distance learning, agreements for the

19  innovative use of facilities, and other innovative

20  partnerships and programs that would improve access to

21  workforce education.

22         (f)  Recommendations for improvements to guidance

23  counseling and advising to ensure that all students in the

24  K-12 system are properly informed and prepared for their

25  future careers regardless of whether they intend to train for

26  those careers in a traditional college setting or through

27  workforce education. Recommendations shall address the effect

28  of students receiving guidance and advising beginning at the

29  middle school level that balances the postsecondary academic

30  and workforce education options available to students.

31  Recommendations shall reflect a consideration of best

                                  24

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  practices and innovative models for student advisement.

 2  Recommendations shall also include opportunities for state and

 3  local educational entities to partner with business and

 4  industry to align existing guidance counseling and advising

 5  resources with other agencies and organizations and to develop

 6  an intensive marketing campaign to attract high school

 7  students into postsecondary education programs leading to

 8  careers that are of critical need to the state. The

 9  recommendations shall include a timeline for implementation to

10  be completed no later than July 1, 2005.

11         (5)  The Department of Education shall provide staff

12  assistance and resources to assist the study group in

13  preparing recommendations.

14         Section 12.  Paragraph (a) of subsection (4) of section

15  20.18, Florida Statutes, is amended to read:

16         20.18  Department of Community Affairs.--There is

17  created a Department of Community Affairs.

18         (4)  In addition to its other powers, duties, and

19  functions, the department shall, under the general supervision

20  of the secretary and the Interdepartmental Coordinating

21  Council on Community Services, assist and encourage the

22  development of state programs by the various departments for

23  the productive use of human resources, and the department

24  shall work with other state agencies in order that together

25  they might:

26         (a)  Effect the coordination, by the responsible

27  agencies of the state, of the career vocational, technical,

28  and adult educational programs of the state in order to

29  provide the maximum use and meaningful employment of persons

30  completing courses of study from such programs;

31  

                                  25

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         Section 13.  Paragraph (a) of subsection (1) and

 2  subsection (5) of section 110.1099, Florida Statutes, are

 3  amended to read:

 4         110.1099  Education and training opportunities for

 5  state employees.--

 6         (1)(a)  Education and training are an integral

 7  component in improving the delivery of services to the

 8  public.  Recognizing that the application of

 9  productivity-enhancing technology and practice demands

10  continuous educational and training opportunities, a state

11  employee may be authorized to receive a voucher or grant, for

12  matriculation fees, to attend work-related courses at public

13  community colleges, public career technical centers, or public

14  universities. The department may implement the provisions of

15  this section from funds appropriated to the department for

16  this purpose. In the event insufficient funds are appropriated

17  to the department, each state agency may supplement these

18  funds to support the training and education needs of its

19  employees from funds appropriated to the agency.

20         (5)  The Department of Management Services, in

21  consultation with the agencies and, to the extent applicable,

22  with Florida's public community colleges, public career

23  technical centers, and public universities, shall adopt rules

24  to administer this section.

25         Section 14.  Subsection (3) of section 112.19, Florida

26  Statutes, as amended by section 1 of chapter 2002-191, Laws of

27  Florida, is amended to read:

28         112.19  Law enforcement, correctional, and correctional

29  probation officers; death benefits.--

30         (3)  If a law enforcement, correctional, or

31  correctional probation officer is accidentally killed as

                                  26

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  specified in paragraph (2)(b) on or after June 22, 1990, or

 2  unlawfully and intentionally killed as specified in paragraph

 3  (2)(c) on or after July 1, 1980, the state shall waive certain

 4  educational expenses that the child or spouse of the deceased

 5  officer incurs while obtaining a career vocational-technical

 6  certificate, an undergraduate education, or a postgraduate

 7  education. The amount waived by the state shall be an amount

 8  equal to the cost of tuition and matriculation and

 9  registration fees for a total of 120 credit hours. The child

10  or spouse may attend a state career center

11  vocational-technical school, a state community college, or a

12  state university. The child or spouse may attend any or all of

13  the institutions specified in this subsection, on either a

14  full-time or part-time basis. The benefits provided to a child

15  under this subsection shall continue until the child's 25th

16  birthday. The benefits provided to a spouse under this

17  subsection must commence within 5 years after the death

18  occurs, and entitlement thereto shall continue until the 10th

19  anniversary of that death.

20         (a)  Upon failure of any child or spouse benefited by

21  the provisions of this subsection to comply with the ordinary

22  and minimum requirements of the institution attended, both as

23  to discipline and scholarship, the benefits shall be withdrawn

24  as to the child or spouse and no further moneys may be

25  expended for the child's or spouse's benefits so long as such

26  failure or delinquency continues.

27         (b)  Only a student in good standing in his or her

28  respective institution may receive the benefits thereof.

29         (c)  A child or spouse receiving benefits under this

30  subsection must be enrolled according to the customary rules

31  and requirements of the institution attended.

                                  27

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         Section 15.  Subsection (3) of section 112.19, Florida

 2  Statutes, as amended by section 1 of chapter 2002-232, Laws of

 3  Florida, as amended by section 9 of chapter 2003-1, Laws of

 4  Florida, is amended to read:

 5         112.19  Law enforcement, correctional, and correctional

 6  probation officers; death benefits.--

 7         (3)  If a law enforcement, correctional, or

 8  correctional probation officer is accidentally killed as

 9  specified in paragraph (2)(b) on or after June 22, 1990, or

10  unlawfully and intentionally killed as specified in paragraph

11  (2)(c) on or after July 1, 1980, the state shall waive certain

12  educational expenses that children of the deceased officer

13  incur while obtaining a career vocational-technical

14  certificate, an undergraduate education, or a graduate or

15  postbaccalaureate professional degree. The amount waived by

16  the state shall be an amount equal to the cost of tuition,

17  matriculation, and other statutorily authorized fees for a

18  total of 120 credit hours for a career vocational-technical

19  certificate or an undergraduate education. For a child

20  pursuing a graduate or postbaccalaureate professional degree,

21  the amount waived shall equal the cost of matriculation and

22  other statutorily authorized fees incurred while the child

23  continues to fulfill the professional requirements associated

24  with the graduate or postbaccalaureate professional degree

25  program, and eligibility continues until the child's 29th

26  birthday. The child may attend a state career center

27  vocational-technical school, a state community college, or a

28  state university. The child may attend any or all of the

29  institutions specified in this subsection, on either a

30  full-time or part-time basis. For a child pursuing a career

31  vocational-technical certificate or an undergraduate

                                  28

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  education, the benefits provided under this subsection shall

 2  continue to the child until the child's 25th birthday. To be

 3  eligible for the benefits provided under this subsection for

 4  enrollment in a graduate or postbaccalaureate professional

 5  degree program, the child must be a state resident, as defined

 6  in s. 1009.21, at the time of enrollment.

 7         (a)  Upon failure of any child benefited by the

 8  provisions of this section to comply with the ordinary and

 9  minimum requirements of the institution attended, both as to

10  discipline and scholarship, the benefits shall be withdrawn as

11  to the child and no further moneys may be expended for the

12  child's benefits so long as such failure or delinquency

13  continues.

14         (b)  Only a student in good standing in his or her

15  respective institution may receive the benefits thereof.

16         (c)  A child receiving benefits under this section must

17  be enrolled according to the customary rules and requirements

18  of the institution attended.

19         Section 16.  Subsection (3) of section 112.191, Florida

20  Statutes, as amended by section 2 of chapter 2002-191, Laws of

21  Florida, is amended to read:

22         112.191  Firefighters; death benefits.--

23         (3)  If a firefighter is accidentally killed as

24  specified in paragraph (2)(b) on or after June 22, 1990, or

25  unlawfully and intentionally killed as specified in paragraph

26  (2)(c), on or after July 1, 1980, the state shall waive

27  certain educational expenses that the child or spouse of the

28  deceased firefighter incurs while obtaining a career

29  vocational-technical certificate, an undergraduate education,

30  or a postgraduate education. The amount waived by the state

31  shall be an amount equal to the cost of tuition and

                                  29

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  matriculation and registration fees for a total of 120 credit

 2  hours. The child or spouse may attend a state career center

 3  vocational-technical school, a state community college, or a

 4  state university. The child or spouse may attend any or all of

 5  the institutions specified in this subsection, on either a

 6  full-time or part-time basis. The benefits provided to a child

 7  under this subsection shall continue until the child's 25th

 8  birthday. The benefits provided to a spouse under this

 9  subsection must commence within 5 years after the death

10  occurs, and entitlement thereto shall continue until the 10th

11  anniversary of that death.

12         (a)  Upon failure of any child or spouse benefited by

13  the provisions of this subsection to comply with the ordinary

14  and minimum requirements of the institution attended, both as

15  to discipline and scholarship, the benefits thereof shall be

16  withdrawn as to the child or spouse and no further moneys

17  expended for the child's or spouse's benefits so long as such

18  failure or delinquency continues.

19         (b)  Only students in good standing in their respective

20  institutions shall receive the benefits thereof.

21         (c)  A child or spouse receiving benefits under this

22  subsection must be enrolled according to the customary rules

23  and requirements of the institution attended.

24         Section 17.  Subsection (3) of section 112.191, Florida

25  Statutes, as amended by section 2 of chapter 2002-232, Laws of

26  Florida, as amended by section 10 of chapter 2003-1, Laws of

27  Florida, is amended to read:

28         112.191  Firefighters; death benefits.--

29         (3)  If a firefighter is accidentally killed as

30  specified in paragraph (2)(b) on or after June 22, 1990, or

31  unlawfully and intentionally killed as specified in paragraph

                                  30

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  (2)(c), on or after July 1, 1980, the state shall waive

 2  certain educational expenses that children of the deceased

 3  firefighter incur while obtaining a career

 4  vocational-technical certificate, an undergraduate education,

 5  or a graduate or postbaccalaureate professional degree. The

 6  amount waived by the state shall be an amount equal to the

 7  cost of tuition, matriculation, and other statutorily

 8  authorized fees for a total of 120 credit hours for a career

 9  vocational-technical certificate or an undergraduate

10  education. For a child pursuing a graduate or

11  postbaccalaureate professional degree, the amount waived shall

12  equal the cost of matriculation and other statutorily

13  authorized fees incurred while the child continues to fulfill

14  the professional requirements associated with the graduate or

15  postbaccalaureate professional degree program, and eligibility

16  continues until the child's 29th birthday. The child may

17  attend a state career center vocational-technical school, a

18  state community college, or a state university. The child may

19  attend any or all of the institutions specified in this

20  subsection, on either a full-time or part-time basis. For a

21  child pursuing a career vocational-technical certificate or an

22  undergraduate education, the benefits provided under this

23  subsection shall continue to such a child until the child's

24  25th birthday. To be eligible for the benefits provided under

25  this subsection for enrollment in a graduate or

26  postbaccalaureate professional degree program, the child must

27  be a state resident, as defined in s. 1009.21, at the time of

28  enrollment.

29         (a)  Upon failure of any child benefited by the

30  provisions of this section to comply with the ordinary and

31  minimum requirements of the institution attended, both as to

                                  31

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  discipline and scholarship, the benefits thereof shall be

 2  withdrawn as to the child and no further moneys expended for

 3  the child's benefits so long as such failure or delinquency

 4  continues.

 5         (b)  Only students in good standing in their respective

 6  institutions shall receive the benefits thereof.

 7         (c)  All children receiving benefits under this section

 8  shall be enrolled according to the customary rules and

 9  requirements of the institution attended.

10         Section 18.  Paragraph (d) of subsection (3) of section

11  112.1915, Florida Statutes, is amended to read:

12         112.1915  Teachers and school administrators; death

13  benefits.--Any other provision of law to the contrary

14  notwithstanding:

15         (3)  If a teacher or school administrator dies under

16  the conditions in subsection (2), benefits shall be provided

17  as follows:

18         (d)  Waiver of certain educational expenses which

19  children of the deceased teacher or school administrator incur

20  while obtaining a career vocational-technical certificate or

21  an undergraduate education shall be according to conditions

22  set forth in this paragraph. The amount waived by the state

23  shall be an amount equal to the cost of tuition and

24  matriculation and registration fees for a total of 120 credit

25  hours at a university. The child may attend a state career

26  center vocational-technical school, a state community college,

27  or a state university. The child may attend any or all of the

28  institutions specified in this paragraph, on either a

29  full-time or part-time basis. The benefits provided under this

30  paragraph shall continue to the child until the child's 25th

31  birthday.

                                  32

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         1.  Upon failure of any child benefited by the

 2  provisions of this paragraph to comply with the ordinary and

 3  minimum requirements of the institution attended, both as to

 4  discipline and scholarship, the benefits shall be withdrawn as

 5  to the child and no further moneys may be expended for the

 6  child's benefits so long as such failure or delinquency

 7  continues.

 8         2.  A student who becomes eligible for benefits under

 9  the provisions of this paragraph while enrolled in an

10  institution must be in good standing with the institution to

11  receive the benefits provided herein.

12         3.  A child receiving benefits under this paragraph

13  must be enrolled according to the customary rules and

14  requirements of the institution attended.

15         Section 19.  Subsection (3) of section 238.01, Florida

16  Statutes, is amended to read:

17         238.01  Definitions.--The following words and phrases

18  as used in this chapter shall have the following meanings

19  unless a different meaning is plainly required by the context:

20         (3)  "Teacher" means any member of the teaching or

21  professional staff and any certificated employee of any public

22  free school, of any district school system and career center

23  vocational school, any member of the teaching or professional

24  staff of the Florida School for the Deaf and Blind, child

25  training schools of the Department of Juvenile Justice, the

26  Department of Corrections, and any tax-supported institution

27  of higher learning of the state, and any member and any

28  certified employee of the Department of Education, any

29  certified employee of the retirement system, any full-time

30  employee of any nonprofit professional association or

31  corporation of teachers functioning in Florida on a statewide

                                  33

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  basis, which seeks to protect and improve public school

 2  opportunities for children and advance the professional and

 3  welfare status of its members, any person now serving as

 4  superintendent, or who was serving as county superintendent of

 5  public instruction on July 1, 1939, and any hereafter duly

 6  elected or appointed superintendent, who holds a valid Florida

 7  teachers' certificate. In all cases of doubt the Department of

 8  Management Services shall determine whether any person is a

 9  teacher as defined herein.

10         Section 20.  Paragraph (b) of subsection (7), paragraph

11  (c) of subsection (8), and paragraph (b) of subsection (9) of

12  section 250.10, Florida Statutes, are amended to read:

13         250.10  Appointment and duties of the Adjutant

14  General.--

15         (7)  The Adjutant General and the State Board of

16  Education shall develop education assistance programs for

17  members in good standing of the active Florida National Guard

18  who enroll in a public institution of higher learning in the

19  state.

20         (b)  The programs shall define those members of the

21  active Florida National Guard who are ineligible to

22  participate in the program and those courses of study which

23  are not authorized for the program.

24         1.  Such members include, but are not limited to:

25         a.  Any member, commissioned officer, warrant officer,

26  or enlisted person who has a baccalaureate degree.

27         b.  Any member who has 15 years or more of total

28  military service creditable toward retirement.

29         c.  Any member who has not completed basic military

30  training.

31  

                                  34

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         2.  Courses not authorized include noncredit courses,

 2  courses that do not meet degree requirements, or courses that

 3  do not meet requirements for completion of career

 4  vocational-technical training.

 5         (8)  The Department of Military Affairs may administer

 6  a tuition exemption program, known as the State Tuition

 7  Exemption Program (STEP), for members of the Florida National

 8  Guard who qualify pursuant to subsection (7).

 9         (c)  Courses not authorized include noncredit courses,

10  courses that do not meet degree requirements, or courses that

11  do not meet requirements for completing career

12  vocational-technical training.

13         (9)  Subject to appropriations, the Department of

14  Military Affairs may pay the full cost of tuition and fees for

15  required courses for members of the Florida National Guard who

16  enlist after June 30, 1997. This program shall be known as the

17  Educational Dollars for Duty program (EDD) and is the primary

18  program for these members.

19         (b)  Courses not authorized include noncredit courses,

20  courses that do not meet the degree requirements, or courses

21  that do not meet requirements for completing career

22  vocational-technical training.

23         Section 21.  Subsection (1) of section 250.482, Florida

24  Statutes, is amended to read:

25         250.482  Troops ordered into state active service; not

26  to be penalized by employers and postsecondary institutions.--

27         (1)  If a member of the Florida National Guard is

28  ordered into state active duty pursuant to this chapter, a

29  private or public employer, or an employing or appointing

30  authority of this state, its counties, school districts,

31  municipalities, political subdivisions, career centers

                                  35

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  vocational or technical schools, community colleges, or

 2  universities, may not discharge, reprimand, or in any other

 3  way penalize such member because of his or her absence by

 4  reason of state active duty.

 5         Section 22.  Subsection (3) of section 288.047, Florida

 6  Statutes, is amended to read:

 7         288.047  Quick-response training for economic

 8  development.--

 9         (3)  Requests for funding through the Quick-Response

10  Training Program may be produced through inquiries from a

11  specific business or industry, inquiries from a school

12  district director of career education or community college

13  occupational dean on behalf of a business or industry, or

14  through official state or local economic development efforts.

15  In allocating funds for the purposes of the program, Workforce

16  Florida, Inc., shall establish criteria for approval of

17  requests for funding and shall select the entity that provides

18  the most efficient, cost-effective instruction meeting such

19  criteria. Program funds may be allocated to any career area

20  technical center, community college, or state university.

21  Program funds may be allocated to private postsecondary

22  institutions only upon a review that includes, but is not

23  limited to, accreditation and licensure documentation and

24  prior approval by Workforce Florida, Inc. Instruction funded

25  through the program must terminate when participants

26  demonstrate competence at the level specified in the request;

27  however, the grant term may not exceed 24 months. Costs and

28  expenditures for the Quick-Response Training Program must be

29  documented and separated from those incurred by the training

30  provider.

31  

                                  36

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         Section 23.  Subsection (1) of section 288.9511,

 2  Florida Statutes, is amended to read:

 3         288.9511  Definitions.--As used in ss.

 4  288.9511-288.9517, the term:

 5         (1)  "Educational institutions" means Florida career

 6  centers technical institutes and vocational schools, and

 7  public and private community colleges, colleges, and

 8  universities in the state.

 9         Section 24.  Subsection (1) of section 292.05, Florida

10  Statutes, is amended to read:

11         292.05  Duties of Department of Veterans' Affairs.--

12         (1)  The Department of Veterans' Affairs shall provide

13  assistance to all former, present, and future members of the

14  Armed Forces of the United States and their dependents in

15  preparing claims for and securing such compensation,

16  hospitalization, career vocational training, and other

17  benefits or privileges to which such persons or any of them

18  are or may become entitled under any federal or state law or

19  regulation by reason of their service in the Armed Forces of

20  the United States.  All services rendered under this

21  subsection shall be without charge to the claimant.

22         Section 25.  Section 292.10, Florida Statutes, is

23  amended to read:

24         292.10  Local governing bodies authorized to assist war

25  veterans; powers.--The board of county commissioners of each

26  county and the governing body of each city in the state are

27  hereby granted full and complete power and authority to aid

28  and assist wherever practical and feasible the veterans, male

29  and female, who have served in the Armed Forces of the United

30  States in any war and received an honorable discharge from any

31  branch of the military service of the United States, and their

                                  37

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  dependents, in presenting claims for and securing such

 2  compensation, hospitalization, education, loans, career

 3  vocational training, and other benefits or privileges to which

 4  said veterans, or any of them, are or may become entitled

 5  under any federal or state law or regulation by reason of

 6  their service in the Armed Forces of the United States.

 7         Section 26.  Section 295.02, Florida Statutes, is

 8  amended to read:

 9         295.02  Use of funds; age, etc.--All sums appropriated

10  and expended under this chapter shall be used to pay tuition

11  and registration fees, board, and room rent and to buy books

12  and supplies for the children of deceased or disabled veterans

13  or service members, as defined and limited in s. 295.01, s.

14  295.016, s. 295.017, s. 295.018, or s. 295.0195, or of parents

15  classified as prisoners of war or missing in action, as

16  defined and limited in s. 295.015, who are between the ages of

17  16 and 22 years and who are in attendance at a state-supported

18  institution of higher learning, including a community college

19  or career center vocational-technical school. Any child having

20  entered upon a course of training or education under the

21  provisions of this chapter, consisting of a course of not more

22  than 4 years, and arriving at the age of 22 years before the

23  completion of such course may continue the course and receive

24  all benefits of the provisions of this chapter until the

25  course is completed. The Department of Education shall

26  administer this educational program subject to regulations of

27  the department.

28         Section 27.  Subsections (1) and (2) of section

29  295.125, Florida Statutes, are amended to read:

30         295.125  Preference for admission to career vocational

31  training.--

                                  38

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         (1)  It is the intent of the Legislature through

 2  enactment of this section to assist returning veterans of the

 3  Southeast Asian conflict to train themselves for a civilian

 4  future. Although the provisions of this section apply only to

 5  state-supported career center vocational-technical facilities

 6  and programs, it is the further intent of the Legislature to

 7  encourage privately supported career vocational-technical

 8  schools and centers to join with the state in assisting our

 9  returning veterans by providing preferences for them in

10  admission procedures and standards.

11         (2)  In determining order of admission or acceptance

12  for students, every career vocational training center,

13  vocational-technical school, or career vocational program

14  which receives state funding or support shall give preference

15  as provided in subsection (3) to a person who served in the

16  Armed Forces of the United States at any time during the

17  Vietnam Era, as defined in s. 1.01(14), and who has been

18  separated therefrom under honorable conditions, if such

19  person's enrollment is directly related to his or her present

20  employment or to his or her securing employment.

21         Section 28.  Paragraph (d) of subsection (3) of section

22  339.0805, Florida Statutes, is amended to read:

23         339.0805  Funds to be expended with certified

24  disadvantaged business enterprises; specified percentage to be

25  expended; construction management development program; bond

26  guarantee program.--It is the policy of the state to

27  meaningfully assist socially and economically disadvantaged

28  business enterprises through a program that will provide for

29  the development of skills through construction and business

30  management training, as well as by providing contracting

31  opportunities and financial assistance in the form of bond

                                  39

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  guarantees, to primarily remedy the effects of past economic

 2  disparity.

 3         (3)  The head of the department is authorized to expend

 4  up to 6 percent of the funds specified in subsection (1) which

 5  are designated to be expended on small business firms owned

 6  and controlled by socially and economically disadvantaged

 7  individuals to conduct, by contract or otherwise, a

 8  construction management development program. Participation in

 9  the program will be limited to those firms which are certified

10  under the provisions of subsection (1) by the department or

11  the federal Small Business Administration or to any firm which

12  has annual gross receipts not exceeding $2 million averaged

13  over a 3-year period. The program will consist of classroom

14  instruction and on-the-job instruction. To the extent

15  feasible, the registration fee shall be set to cover the cost

16  of instruction and overhead. No salary will be paid to any

17  participant.

18         (d)  The department shall develop, under contract with

19  the State University System, the community college system, a

20  school district in behalf of its career vocational-technical

21  center, or a private consulting firm, a curriculum for

22  instruction in the courses that will lead to a certification

23  of proficiency in the construction management development

24  program.

25         Section 29.  Subsection (7) of section 364.508, Florida

26  Statutes, is amended to read:

27         364.508  Definitions.--As used in this part:

28         (7)  "Eligible facilities" means all approved campuses

29  and instructional centers of all public universities, public

30  community colleges, career area technical centers, public

31  elementary schools, middle schools, and high schools,

                                  40

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  including school administrative offices, public libraries,

 2  teaching hospitals, the research institute described in s.

 3  1004.43, and rural public hospitals as defined in s. 395.602.

 4  If no rural public hospital exists in a community, the public

 5  health clinic which is responsible for individuals before they

 6  can be transferred to a regional hospital shall be considered

 7  eligible.

 8         Section 30.  Section 376.0705, Florida Statutes, is

 9  amended to read:

10         376.0705  Development of training programs and

11  educational materials.--The department shall encourage the

12  development of training programs for personnel needed for

13  pollutant discharge prevention and cleanup activities. The

14  department shall work with accredited community colleges,

15  career vocational-technical centers, state universities, and

16  private institutions in developing educational materials,

17  courses of study, and other such information to be made

18  available for persons seeking to be trained for pollutant

19  discharge prevention and cleanup activities.

20         Section 31.  Paragraph (k) of subsection (3) of section

21  380.0651, Florida Statutes, is amended to read:

22         380.0651  Statewide guidelines and standards.--

23         (3)  The following statewide guidelines and standards

24  shall be applied in the manner described in s. 380.06(2) to

25  determine whether the following developments shall be required

26  to undergo development-of-regional-impact review:

27         (k)  Schools.--

28         1.  The proposed construction of any public, private,

29  or proprietary postsecondary educational campus which provides

30  for a design population of more than 5,000 full-time

31  equivalent students, or the proposed physical expansion of any

                                  41

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  public, private, or proprietary postsecondary educational

 2  campus having such a design population that would increase the

 3  population by at least 20 percent of the design population.

 4         2.  As used in this paragraph, "full-time equivalent

 5  student" means enrollment for 15 or more quarter hours during

 6  a single academic semester. In career centers technical

 7  schools or other institutions which do not employ semester

 8  hours or quarter hours in accounting for student

 9  participation, enrollment for 18 contact hours shall be

10  considered equivalent to one quarter hour, and enrollment for

11  27 contact hours shall be considered equivalent to one

12  semester hour.

13         3.  This paragraph does not apply to institutions which

14  are the subject of a campus master plan adopted by the

15  university board of trustees pursuant to s. 1013.30.

16         Section 32.  Paragraph (d) of subsection (2) of section

17  402.305, Florida Statutes, is amended to read:

18         402.305  Licensing standards; child care facilities.--

19         (2)  PERSONNEL.--Minimum standards for child care

20  personnel shall include minimum requirements as to:

21         (d)  Minimum training requirements for child care

22  personnel.

23         1.  Such minimum standards for training shall ensure

24  that all child care personnel take an approved 40-clock-hour

25  introductory course in child care, which course covers at

26  least the following topic areas:

27         a.  State and local rules and regulations which govern

28  child care.

29         b.  Health, safety, and nutrition.

30         c.  Identifying and reporting child abuse and neglect.

31  

                                  42

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         d.  Child development, including typical and atypical

 2  language, cognitive, motor, social, and self-help skills

 3  development.

 4         e.  Observation of developmental behaviors, including

 5  using a checklist or other similar observation tools and

 6  techniques to determine the child's developmental age level.

 7         f.  Specialized areas, including computer technology

 8  for professional and classroom use and early literacy and

 9  language development of children from birth to 5 years of age,

10  as determined by the department, for owner-operators and child

11  care personnel of a child care facility.

12  

13  Within 90 days after employment, child care personnel shall

14  begin training to meet the training requirements. Child care

15  personnel shall successfully complete such training within 1

16  year after the date on which the training began, as evidenced

17  by passage of a competency examination. Successful completion

18  of the 40-clock-hour introductory course shall articulate into

19  community college credit in early childhood education,

20  pursuant to ss. 1007.24 and 1007.25. Exemption from all or a

21  portion of the required training shall be granted to child

22  care personnel based upon educational credentials or passage

23  of competency examinations. Child care personnel possessing a

24  2-year degree or higher that includes 6 college credit hours

25  in early childhood development or child growth and

26  development, or a child development associate credential or an

27  equivalent state-approved child development associate

28  credential, or a child development associate waiver

29  certificate shall be automatically exempted from the training

30  requirements in sub-subparagraphs b., d., and e.

31  

                                  43

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         2.  The introductory course in child care shall stress,

 2  to the extent possible, an interdisciplinary approach to the

 3  study of children.

 4         3.  On an annual basis in order to further their child

 5  care skills and, if appropriate, administrative skills, child

 6  care personnel who have fulfilled the requirements for the

 7  child care training shall be required to take an additional 1

 8  continuing education unit of approved inservice training, or

 9  10 clock hours of equivalent training, as determined by the

10  department.

11         4.  Child care personnel shall be required to complete

12  0.5 continuing education unit of approved training or 5 clock

13  hours of equivalent training, as determined by the department,

14  in early literacy and language development of children from

15  birth to 5 years of age one time. The year that this training

16  is completed, it shall fulfill the 0.5 continuing education

17  unit or 5 clock hours of the annual training required in

18  subparagraph 3.

19         5.  Procedures for ensuring the training of qualified

20  child care professionals to provide training of child care

21  personnel, including onsite training, shall be included in the

22  minimum standards. It is recommended that the state community

23  child care coordination agencies (central agencies) be

24  contracted by the department to coordinate such training when

25  possible. Other district educational resources, such as

26  community colleges and career vocational-technical programs,

27  can be designated in such areas where central agencies may not

28  exist or are determined not to have the capability to meet the

29  coordination requirements set forth by the department.

30         6.  Training requirements shall not apply to certain

31  occasional or part-time support staff, including, but not

                                  44

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  limited to, swimming instructors, piano teachers, dance

 2  instructors, and gymnastics instructors.

 3         7.  The department shall evaluate or contract for an

 4  evaluation for the general purpose of determining the status

 5  of and means to improve staff training requirements and

 6  testing procedures. The evaluation shall be conducted every 2

 7  years. The evaluation shall include, but not be limited to,

 8  determining the availability, quality, scope, and sources of

 9  current staff training; determining the need for specialty

10  training; and determining ways to increase inservice training

11  and ways to increase the accessibility, quality, and

12  cost-effectiveness of current and proposed staff training. The

13  evaluation methodology shall include a reliable and valid

14  survey of child care personnel.

15         8.  The child care operator shall be required to take

16  basic training in serving children with disabilities within 5

17  years after employment, either as a part of the introductory

18  training or the annual 8 hours of inservice training.

19         Section 33.  Subsections (3) and (4) of section

20  402.3051, Florida Statutes, are amended to read:

21         402.3051  Child care market rate reimbursement; child

22  care grants.--

23         (3)  The department may provide child care grants to

24  central agencies, community colleges, and career

25  vocational/technical programs for the purpose of providing

26  support and technical assistance to licensed child care

27  providers.

28         (4)  The department may use the state community child

29  care coordination agencies (central agencies), community

30  colleges, and career vocational/technical programs to

31  implement this section.

                                  45

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         Section 34.  Subsection (2) of section 403.716, Florida

 2  Statutes, is amended to read:

 3         403.716  Training of operators of solid waste

 4  management and other facilities.--

 5         (2)  The department shall work with accredited

 6  community colleges, career vocational-technical centers, state

 7  universities, and private institutions in developing

 8  educational materials, courses of study, and other such

 9  information to be made available for persons seeking to be

10  trained as operators of solid waste management facilities.

11         Section 35.  Subsection (8) of section 414.0252,

12  Florida Statutes, is amended to read:

13         414.0252  Definitions.--As used in ss. 414.025-414.55,

14  the term:

15         (8)  "Minor child" means a child under 18 years of age,

16  or under 19 years of age if the child is a full-time student

17  in a secondary school or at the equivalent level of career

18  vocational or technical training, and does not include anyone

19  who is married or divorced.

20         Section 36.  Subsection (11) of section 420.0004,

21  Florida Statutes, is amended to read:

22         420.0004  Definitions.--As used in this part, unless

23  the context otherwise indicates:

24         (11)  "Student" means any person not living with his or

25  her parent or guardian who is eligible to be claimed by his or

26  her parent or guardian as a dependent under the federal income

27  tax code and who is enrolled on at least a half-time basis in

28  a secondary school, career vocational-technical center,

29  community college, college, or university.

30         Section 37.  Subsection (5) of section 420.524, Florida

31  Statutes, is amended to read:

                                  46

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         420.524  Definitions relating to Predevelopment Loan

 2  Program Act.--For the purpose of ss. 420.521-420.529, the

 3  term:

 4         (5)  "Student" means any person not living with that

 5  person's parent or guardian who is eligible to be claimed by

 6  that person's parent or guardian as a dependent under the

 7  federal income tax code and who is enrolled on at least a

 8  half-time basis in a secondary school, career

 9  vocational-technical center, community college, college, or

10  university. The term does not include a person participating

11  in an educational or training program approved by the

12  corporation.

13         Section 38.  Subsection (11) of section 420.602,

14  Florida Statutes, is amended to read:

15         420.602  Definitions.--As used in this part, the

16  following terms shall have the following meanings, unless the

17  context otherwise requires:

18         (11)  "Student" means any person not living with his or

19  her parent or guardian who is eligible to be claimed by his or

20  her parent or guardian as a dependent under the federal income

21  tax code and who is enrolled on at least a half-time basis in

22  a secondary school, career vocational-technical center,

23  community college, college, or university.

24         Section 39.  Paragraph (c) of subsection (1) of section

25  440.16, Florida Statutes, is amended to read:

26         440.16  Compensation for death.--

27         (1)  If death results from the accident within 1 year

28  thereafter or follows continuous disability and results from

29  the accident within 5 years thereafter, the employer shall

30  pay:

31  

                                  47

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         (c)  To the surviving spouse, payment of postsecondary

 2  student fees for instruction at any career area technical

 3  center established under s. 1001.44 for up to 1,800 classroom

 4  hours or payment of student fees at any community college

 5  established under part III of chapter 1004 for up to 80

 6  semester hours. The spouse of a deceased state employee shall

 7  be entitled to a full waiver of such fees as provided in ss.

 8  1009.22 and 1009.23 in lieu of the payment of such fees. The

 9  benefits provided for in this paragraph shall be in addition

10  to other benefits provided for in this section and shall

11  terminate 7 years after the death of the deceased employee, or

12  when the total payment in eligible compensation under

13  paragraph(b) has been received.  To qualify for the

14  educational benefit under this paragraph, the spouse shall be

15  required to meet and maintain the regular admission

16  requirements of, and be registered at, such career area

17  technical center or community college, and make satisfactory

18  academic progress as defined by the educational institution in

19  which the student is enrolled.

20         Section 40.  Subsection (4) of section 443.171, Florida

21  Statutes, is amended to read:

22         443.171  Agency for Workforce Innovation and

23  commission; powers and duties; records and reports;

24  proceedings; state-federal cooperation.--

25         (4)  EMPLOYMENT STABILIZATION.--The Agency for

26  Workforce Innovation, under the direction of Workforce

27  Florida, Inc., shall take all appropriate steps to reduce and

28  prevent unemployment; to encourage and assist in the adoption

29  of practical methods of career vocational training,

30  retraining, and career vocational guidance; to investigate,

31  recommend, advise, and assist in the establishment and

                                  48

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  operation, by municipalities, counties, school districts, and

 2  the state, of reserves for public works to be used in times of

 3  business depression and unemployment; to promote the

 4  reemployment of the unemployed workers throughout the state in

 5  every other way that may be feasible; to refer any claimant

 6  entitled to extended benefits to suitable work which meets the

 7  criteria of this chapter; and, to these ends, to carry on and

 8  publish the results of investigations and research studies.

 9         Section 41.  Subsection (2) of section 445.003, Florida

10  Statutes, is amended to read:

11         445.003  Implementation of the federal Workforce

12  Investment Act of 1998.--

13         (2)  FIVE-YEAR PLAN.--Workforce Florida, Inc., shall

14  prepare and submit a 5-year plan, which includes secondary

15  career vocational education, to fulfill the early

16  implementation requirements of Pub. L. No. 105-220 and

17  applicable state statutes. Mandatory federal partners and

18  optional federal partners shall be fully involved in designing

19  the plan's one-stop delivery system strategy. The plan shall

20  detail a process to clearly define each program's statewide

21  duties and role relating to the system. Any optional federal

22  partner may immediately choose to fully integrate its

23  program's plan with this plan, which shall, notwithstanding

24  any other state provisions, fulfill all their state planning

25  and reporting requirements as they relate to the one-stop

26  delivery system. The plan shall detail a process that would

27  fully integrate all federally mandated and optional partners

28  by the second year of the plan. All optional federal program

29  partners in the planning process shall be mandatory

30  participants in the second year of the plan.

31  

                                  49

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         Section 42.  Paragraphs (b) and (d) of subsection (6)

 2  of section 445.004, Florida Statutes, are amended to read:

 3         445.004  Workforce Florida, Inc.; creation; purpose;

 4  membership; duties and powers.--

 5         (6)  Workforce Florida, Inc., may take action that it

 6  deems necessary to achieve the purposes of this section,

 7  including, but not limited to:

 8         (b)  Establishing policy direction for a funding system

 9  that provides incentives to improve the outcomes of career

10  vocational education programs, and of registered

11  apprenticeship and work-based learning programs, and that

12  focuses resources on occupations related to new or emerging

13  industries that add greatly to the value of the state's

14  economy.

15         (d)  Designating Institutes of Applied Technology

16  composed of public and private postsecondary institutions

17  working together with business and industry to ensure that

18  career technical and vocational education programs use the

19  most advanced technology and instructional methods available

20  and respond to the changing needs of business and industry.

21         Section 43.  Paragraph (f) of subsection (8) of section

22  445.009, Florida Statutes, is amended to read:

23         445.009  One-stop delivery system.--

24         (8)

25         (f)  The accountability measures to be used in

26  documenting competencies acquired by the participant during

27  training shall be literacy completion points and occupational

28  completion points. Literacy completion points refers to the

29  academic or workforce readiness competencies that qualify a

30  person for further basic education, career vocational

31  education, or for employment. Occupational completion points

                                  50

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  refers to the career vocational competencies that qualify a

 2  person to enter an occupation that is linked to a career

 3  vocational program.

 4         Section 44.  Subsections (5) and (9) of section

 5  445.012, Florida Statutes, are amended to read:

 6         445.012  Careers for Florida's Future Incentive Grant

 7  Program.--

 8         (5)  A recipient who is pursuing a baccalaureate degree

 9  shall receive $100 for each lower-division credit hour in

10  which the student is enrolled at an eligible college or

11  university, up to a maximum of $1,500 per semester, and $200

12  for each upper-division credit hour in which the student is

13  enrolled at an eligible college or university, up to a maximum

14  of $3,000 per semester. For purposes of this section, a

15  student is pursuing a baccalaureate degree if he or she is in

16  a program that articulates into a baccalaureate degree program

17  by agreement of the Articulation Coordinating Committee. A

18  student in an applied technology diploma program, a

19  certificate career education program, or a degree career

20  education program that does not articulate into a

21  baccalaureate degree program shall receive $2 for each career

22  vocational contact hour, or the equivalent, for certificate

23  programs, or $60 for each credit hour, or the equivalent, for

24  degree career education programs and applied technology

25  programs for which the student is enrolled at an eligible

26  college, career technical center, or nonpublic career

27  education school.

28         (9)  Funds may not be used to pay for remedial,

29  college-preparatory, or career-preparatory

30  vocational-preparatory coursework.

31  

                                  51

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         Section 45.  Subsection (1) of section 445.0123,

 2  Florida Statutes, is amended to read:

 3         445.0123  Eligible postsecondary education

 4  institutions.--A student is eligible for an award or the

 5  renewal of an award from the Careers for Florida's Future

 6  Incentive Grant Program if the student meets the requirements

 7  for the program as described in ss. 445.012-445.0125 and is

 8  enrolled in a postsecondary education institution that meets

 9  the description of any one of the following:

10         (1)  A public university, community college, or career

11  technical center in this state.

12         Section 46.  Paragraph (g) of subsection (1) of section

13  445.024, Florida Statutes, is amended to read:

14         445.024  Work requirements.--

15         (1)  WORK ACTIVITIES.--The following activities may be

16  used individually or in combination to satisfy the work

17  requirements for a participant in the temporary cash

18  assistance program:

19         (g)  Career Vocational education or training.--Career

20  Vocational education or training is education or training

21  designed to provide participants with the skills and

22  certification necessary for employment in an occupational

23  area. Career Vocational education or training may be used as a

24  primary program activity for participants when it has been

25  determined that the individual has demonstrated compliance

26  with other phases of program participation and successful

27  completion of the career vocational education or training is

28  likely to result in employment entry at a higher wage than the

29  participant would have been likely to attain without

30  completion of the career vocational education or training.

31  Career Vocational education or training may be combined with

                                  52

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  other program activities and also may be used to upgrade

 2  skills or prepare for a higher paying occupational area for a

 3  participant who is employed.

 4         1.  Unless otherwise provided in this section, career

 5  vocational education shall not be used as the primary program

 6  activity for a period which exceeds 12 months. The 12-month

 7  restriction applies to instruction in a career education

 8  program and does not include remediation of basic skills,

 9  including English language proficiency, if remediation is

10  necessary to enable a participant to benefit from a career

11  education program. Any necessary remediation must be completed

12  before a participant is referred to career vocational

13  education as the primary work activity. In addition, use of

14  career vocational education or training shall be restricted to

15  the limitation established in federal law. Career Vocational

16  education included in a program leading to a high school

17  diploma shall not be considered career vocational education

18  for purposes of this section.

19         2.  When possible, a provider of career vocational

20  education or training shall use funds provided by funding

21  sources other than the regional workforce board. The regional

22  workforce board may provide additional funds to a career

23  vocational education or training provider only if payment is

24  made pursuant to a performance-based contract. Under a

25  performance-based contract, the provider may be partially paid

26  when a participant completes education or training, but the

27  majority of payment shall be made following the participant's

28  employment at a specific wage or job retention for a specific

29  duration. Performance-based payments made under this

30  subparagraph are limited to education or training for targeted

31  occupations identified by the Workforce Estimating Conference

                                  53

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  under s. 216.136, or other programs identified by Workforce

 2  Florida, Inc., as beneficial to meet the needs of designated

 3  groups who are hard to place. If the contract pays the full

 4  cost of training, the community college or school district may

 5  not report the participants for other state funding.

 6         Section 47.  Paragraph (i) of subsection (7) of section

 7  445.049, Florida Statutes, is amended to read:

 8         445.049  Digital Divide Council.--

 9         (7)  PROGRAM OBJECTIVES AND GOALS.--The programs

10  authorized by this section shall have the following objectives

11  and goals:

12         (i)  Using information technology to enable members of

13  at-risk families who are no longer enrolled in K-12 schools to

14  obtain the education needed to achieve successful completion

15  of general education development test preparation to earn a

16  high school diploma, an applied technology diploma, a career

17  vocational certificate, an associate of arts degree, or a

18  baccalaureate degree.

19         Section 48.  Subsection (1) of section 446.011, Florida

20  Statutes, is amended to read:

21         446.011  Legislative intent regarding apprenticeship

22  training.--

23         (1)  It is the intent of the State of Florida to

24  provide educational opportunities for its young people so that

25  they can be trained for trades, occupations, and professions

26  suited to their abilities. It is the intent of this act to

27  promote the mode of training known as apprenticeship in

28  occupations throughout industry in the state that require

29  physical manipulative skills. By broadening job training

30  opportunities and providing for increased coordination between

31  public school academic programs, career vocational programs,

                                  54

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  and registered apprenticeship programs, the young people of

 2  the state will benefit from the valuable training

 3  opportunities developed when on-the-job training is combined

 4  with academic-related classroom experiences. This act is

 5  intended to develop the apparent potentials in apprenticeship

 6  training by assisting in the establishment of

 7  preapprenticeship programs in the public school system and

 8  elsewhere and by expanding presently registered programs as

 9  well as promoting new registered programs in jobs that lend

10  themselves to apprenticeship training.

11         Section 49.  Subsection (2) of section 446.052, Florida

12  Statutes, is amended to read:

13         446.052  Preapprenticeship program.--

14         (2)  The Division of Workforce Development of the

15  Department of Education, under regulations established by the

16  State Board of Education, is authorized to administer the

17  provisions of ss. 446.011-446.092 that relate to

18  preapprenticeship programs in cooperation with district school

19  boards and community college district boards of trustees.

20  District school boards, community college district boards of

21  trustees, and registered program sponsors shall cooperate in

22  developing and establishing programs that include career

23  vocational instruction and general education courses required

24  to obtain a high school diploma.

25         Section 50.  Subsection (5) of section 446.22, Florida

26  Statutes, is amended to read:

27         446.22  Definitions.--As used in this act, the

28  following words and phrases shall have the meanings set forth

29  herein, except where the context otherwise requires:

30  

31  

                                  55

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         (5)  "Educational facility" means any secondary school,

 2  community college, university, or career center vocational

 3  school participating in the program.

 4         Section 51.  Paragraph (a) of subsection (2), paragraph

 5  (a) of subsection (3), and paragraph (a) of subsection (4) of

 6  section 475.17, Florida Statutes, are amended to read:

 7         475.17  Qualifications for practice.--

 8         (2)(a)1.  In addition to other requirements under this

 9  part, the commission may require the satisfactory completion

10  of one or more of the educational courses or equivalent

11  courses conducted, offered, sponsored, prescribed, or approved

12  pursuant to s. 475.04, taken at an accredited college,

13  university, or community college, at a career an area

14  technical center, or at a registered real estate school, as a

15  condition precedent for any person to become licensed or to

16  renew her or his license as a broker, broker associate, or

17  sales associate. The course or courses required for one to

18  become initially licensed shall not exceed a total of 63

19  classroom hours of 50 minutes each, inclusive of examination,

20  for a sales associate and 72 classroom hours of 50 minutes

21  each, inclusive of examination, for a broker. The satisfactory

22  completion of an examination administered by the accredited

23  college, university, or community college, by a career the

24  area technical center, or by the registered real estate school

25  shall be the basis for determining satisfactory completion of

26  the course. However, notice of satisfactory completion shall

27  not be issued if the student has absences in excess of 8

28  classroom hours.

29         2.  A distance learning course or courses shall be

30  approved by the commission as an option to classroom hours as

31  satisfactory completion of the course or courses as required

                                  56

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  by this section. The schools authorized by this section have

 2  the option of providing classroom courses, distance learning

 3  courses, or both. However, satisfactory completion of a

 4  distance learning course requires the satisfactory completion

 5  of a timed distance learning course examination. Such

 6  examination shall not be required to be monitored or given at

 7  a centralized location.

 8         3.  Such required course or courses must be made

 9  available by correspondence or other suitable means to any

10  person who, by reason of hardship, as defined by rule, cannot

11  attend the place or places where the course or courses are

12  regularly conducted or does not have access to the distance

13  learning course or courses.

14         (3)(a)  The commission may prescribe a postlicensure

15  education requirement in order for a person to maintain a

16  valid sales associate's license, which shall not exceed 45

17  classroom hours of 50 minutes each, inclusive of examination,

18  prior to the first renewal following initial licensure. If

19  prescribed, this shall consist of one or more

20  commission-approved courses which total at least 45 classroom

21  hours on one or more subjects which include, but are not

22  limited to, property management, appraisal, real estate

23  finance, the economics of real estate management, marketing,

24  technology, sales and listing of properties, business office

25  management, courses teaching practical real estate application

26  skills, development of business plans, marketing of property,

27  and time management. Required postlicensure education courses

28  must be provided by an accredited college, university, or

29  community college, by a career an area technical center, by a

30  registered real estate school, or by a commission-approved

31  sponsor.

                                  57

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         (4)(a)  The commission may prescribe a postlicensure

 2  education requirement in order for a person to maintain a

 3  valid broker's license, which shall not exceed 60 classroom

 4  hours of 50 minutes each, inclusive of examination, prior to

 5  the first renewal following initial licensure. If prescribed,

 6  this shall consist of one or more commission-approved courses

 7  which total at least 60 classroom hours on one or more

 8  subjects which include, but are not limited to, advanced

 9  appraisal, advanced property management, real estate

10  marketing, business law, advanced real estate investment

11  analyses, advanced legal aspects, general accounting, real

12  estate economics, syndications, commercial brokerage,

13  feasibility analyses, advanced real estate finance,

14  residential brokerage, advanced marketing, technology,

15  advanced business planning, time management, or real estate

16  brokerage office operations. Required postlicensure education

17  courses must be provided by an accredited college, university,

18  or community college, by a career an area technical center, by

19  a registered real estate school, or by a commission-approved

20  sponsor.

21         Section 52.  Subsection (1) and paragraph (c) of

22  subsection (2) of section 475.451, Florida Statutes, are

23  amended to read:

24         475.451  Schools teaching real estate practice.--

25         (1)  Each person, school, or institution, except

26  approved and accredited colleges, universities, community

27  colleges, and career area technical centers in this state,

28  which offers or conducts any course of study in real estate

29  practice, teaches any course prescribed by the commission as a

30  condition precedent to licensure or renewal of licensure as a

31  broker or sales associate, or teaches any course designed or

                                  58

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  represented to enable or assist applicants for licensure as

 2  brokers or sales associates to pass examinations for such

 3  licensure shall, before commencing or continuing further to

 4  offer or conduct such course or courses, obtain a permit from

 5  the department and abide by the regulations imposed upon such

 6  person, school, or institution by this chapter and rules of

 7  the commission adopted pursuant to this chapter. The exemption

 8  for colleges, universities, community colleges, and career

 9  area technical centers is limited to transferable college

10  credit courses offered by such institutions.

11         (2)  An applicant for a permit to operate a proprietary

12  real estate school, to be a chief administrator of a

13  proprietary real estate school or a state institution, or to

14  be an instructor for a proprietary real estate school or a

15  state institution must meet the qualifications for practice

16  set forth in s. 475.17(1) and the following minimal

17  requirements:

18         (c)  "School instructor" means an individual who

19  instructs persons in the classroom in noncredit college

20  courses in a college, university, or community college or

21  courses in a career an area technical center or proprietary

22  real estate school.

23         1.  Before commencing to provide such instruction, the

24  applicant must certify the applicant's competency and obtain

25  an instructor permit by meeting one of the following

26  requirements:

27         a.  Hold a bachelor's degree in a business-related

28  subject, such as real estate, finance, accounting, business

29  administration, or its equivalent and hold a valid broker's

30  license in this state.

31  

                                  59

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         b.  Hold a bachelor's degree, have extensive real

 2  estate experience, as defined by rule, and hold a valid

 3  broker's license in this state.

 4         c.  Pass an instructor's examination approved by the

 5  commission.

 6         2.  Any requirement by the commission for a teaching

 7  demonstration or practical examination must apply to all

 8  school instructor applicants.

 9         3.  The department shall renew an instructor permit

10  upon receipt of a renewal application and fee. The renewal

11  application shall include proof that the permitholder has,

12  since the issuance or renewal of the current permit,

13  successfully completed a minimum of 7 classroom hours of

14  instruction in real estate subjects or instructional

15  techniques, as prescribed by the commission. The commission

16  shall adopt rules providing for the renewal of instructor

17  permits at least every 2 years. Any permit which is not

18  renewed at the end of the permit period established by the

19  department shall automatically revert to involuntarily

20  inactive status.

21  

22  The department may require an applicant to submit names of

23  persons having knowledge concerning the applicant and the

24  enterprise; may propound interrogatories to such persons and

25  to the applicant concerning the character of the applicant,

26  including the taking of fingerprints for processing through

27  the Federal Bureau of Investigation; and shall make such

28  investigation of the applicant or the school or institution as

29  it may deem necessary to the granting of the permit. If an

30  objection is filed, it shall be considered in the same manner

31  

                                  60

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  as objections or administrative complaints against other

 2  applicants for licensure by the department.

 3         Section 53.  Subsection (1), paragraph (b) of

 4  subsection (2), paragraph (b) of subsection (3), and paragraph

 5  (b) of subsection (4) of section 475.617, Florida Statutes,

 6  are amended to read:

 7         475.617  Education and experience requirements.--

 8         (1)  To be registered as a trainee appraiser, an

 9  applicant must present evidence satisfactory to the board that

10  she or he has successfully completed at least 75 hours of

11  approved academic courses in subjects related to real estate

12  appraisal, which shall include coverage of the Uniform

13  Standards of Professional Appraisal Practice from a nationally

14  recognized or state-recognized appraisal organization, career

15  area technical center, accredited community college, college,

16  or university, state or federal agency or commission, or

17  proprietary real estate school that holds a permit pursuant to

18  s. 475.451. The board may increase the required number of

19  hours to not more than 100 hours. A classroom hour is defined

20  as 50 minutes out of each 60-minute segment. Past courses may

21  be approved on an hour-for-hour basis.

22         (2)  To be licensed as an appraiser, an applicant must

23  present evidence satisfactory to the board that she or he:

24         (b)  Has successfully completed at least 90 classroom

25  hours, inclusive of examination, of approved academic courses

26  in subjects related to real estate appraisal, which shall

27  include coverage of the Uniform Standards of Professional

28  Appraisal Practice from a nationally recognized or

29  state-recognized appraisal organization, career area technical

30  center, accredited community college, college, or university,

31  state or federal agency or commission, or proprietary real

                                  61

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  estate school that holds a permit pursuant to s. 475.451. The

 2  board may increase the required number of hours to not more

 3  than 120 hours. A classroom hour is defined as 50 minutes out

 4  of each 60-minute segment. Past courses may be approved by the

 5  board and substituted on an hour-for-hour basis.

 6         (3)  To be certified as a residential appraiser, an

 7  applicant must present satisfactory evidence to the board that

 8  she or he:

 9         (b)  Has successfully completed at least 120 classroom

10  hours, inclusive of examination, of approved academic courses

11  in subjects related to real estate appraisal, which shall

12  include coverage of the Uniform Standards of Professional

13  Appraisal Practice from a nationally recognized or

14  state-recognized appraisal organization, career area technical

15  center, accredited community college, college, or university,

16  state or federal agency or commission, or proprietary real

17  estate school that holds a permit pursuant to s. 475.451. The

18  board may increase the required number of hours to not more

19  than 165 hours. A classroom hour is defined as 50 minutes out

20  of each 60-minute segment. Past courses may be approved by the

21  board and substituted on an hour-for-hour basis.

22         (4)  To be certified as a general appraiser, an

23  applicant must present evidence satisfactory to the board that

24  she or he:

25         (b)  Has successfully completed at least 180 classroom

26  hours, inclusive of examination, of approved academic courses

27  in subjects related to real estate appraisal, which shall

28  include coverage of the Uniform Standards of Professional

29  Appraisal Practice from a nationally recognized or

30  state-recognized appraisal organization, career area technical

31  center, accredited community college, college, or university,

                                  62

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  state or federal agency or commission, or proprietary real

 2  estate school that holds a permit pursuant to s. 475.451. The

 3  board may increase the required number of hours to not more

 4  than 225 hours. A classroom hour is defined as 50 minutes out

 5  of each 60-minute segment. Past courses may be approved by the

 6  board and substituted on an hour-for-hour basis.

 7         Section 54.  Subsection (1) of section 475.6175,

 8  Florida Statutes, is amended to read:

 9         475.6175  Registered trainee appraiser; postlicensure

10  education required.--

11         (1)  The board shall prescribe postlicensure

12  educational requirements in order for a person to maintain a

13  valid registration as a registered trainee appraiser. If

14  prescribed, the postlicensure educational requirements consist

15  of one or more courses which total no more than the total

16  educational hours required to qualify as a state certified

17  residential appraiser. Such courses must be in subjects

18  related to real estate appraisal and shall include coverage of

19  the Uniform Standards of Professional Appraisal Practice. Such

20  courses are provided by a nationally or state-recognized

21  appraisal organization, career area technical center,

22  accredited community college, college, or university, state or

23  federal agency or commission, or proprietary real estate

24  school that holds a permit pursuant to s. 475.451.

25         Section 55.  Paragraph (c) of subsection (1) of section

26  475.618, Florida Statutes, is amended to read:

27         475.618  Renewal of registration, license,

28  certification, or instructor permit; continuing education.--

29         (1)

30         (c)  The board may authorize independent certification

31  organizations to certify or approve the delivery method of

                                  63

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  distance learning courses. Certification from such authorized

 2  organizations must be provided at the time a distance learning

 3  course is submitted to the board by an accredited college,

 4  university, community college, career area technical center,

 5  proprietary real estate school, or board-approved sponsor for

 6  content approval.

 7         Section 56.  Subsections (1) and (2) of section

 8  475.627, Florida Statutes, are amended to read:

 9         475.627  Appraisal course instructors.--

10         (1)  Where the course or courses to be taught are

11  prescribed by the board or approved precedent to registration,

12  licensure, certification, or renewal as a registered trainee

13  appraiser, licensed appraiser, or certified residential

14  appraiser, before commencing to instruct noncredit college

15  courses in a college, university, or community college, or

16  courses in a career an area technical center or proprietary

17  real estate school, a person must certify her or his

18  competency by meeting one of the following requirements:

19         (a)  Hold a valid certification as a residential real

20  estate appraiser in this or any other state.

21         (b)  Pass an appraiser instructor's examination which

22  shall test knowledge of residential appraisal topics.

23         (2)  Where the course or courses to be taught are

24  prescribed by the board or approved precedent to registration,

25  licensure, certification, or renewal as a registered trainee

26  appraiser, licensed appraiser, or certified appraiser, before

27  commencing to instruct noncredit college courses in a college,

28  university, or community college, or courses in a career an

29  area technical center or proprietary real estate school, a

30  person must certify her or his competency by meeting one of

31  the following requirements:

                                  64

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         (a)  Hold a valid certification as a general real

 2  estate appraiser in this or any other state.

 3         (b)  Pass an appraiser instructor's examination which

 4  shall test knowledge of residential and nonresidential

 5  appraisal topics.

 6         Section 57.  Subsection (1) of section 494.0029,

 7  Florida Statutes, is amended to read:

 8         494.0029  Mortgage business schools.--

 9         (1)  Each person, school, or institution, except

10  accredited colleges, universities, community colleges, and

11  career area technical centers in this state, which offers or

12  conducts mortgage business training as a condition precedent

13  to licensure as a mortgage broker or lender or a correspondent

14  mortgage lender shall obtain a permit from the office and

15  abide by the regulations imposed upon such person, school, or

16  institution by this chapter and rules adopted pursuant to this

17  chapter. The commission shall, by rule, recertify the permits

18  annually with initial and renewal permit fees that do not

19  exceed $500 plus the cost of accreditation.

20         Section 58.  Paragraph (a) of subsection (2) of section

21  509.302, Florida Statutes, is amended to read:

22         509.302  Director of education, personnel, employment

23  duties, compensation.--

24         (2)  The director of education shall develop and

25  implement an educational program, designated the "Hospitality

26  Education Program," offered for the benefit of the entire

27  industry. This program may affiliate with Florida State

28  University, Florida International University, and the

29  University of Central Florida. The program may also affiliate

30  with any other member of the State University System or

31  Florida Community College System, or with any privately funded

                                  65

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  college or university, which offers a program of hospitality

 2  administration and management. The primary goal of this

 3  program is to instruct and train all individuals and

 4  businesses licensed under this chapter, in cooperation with

 5  recognized associations that represent the licensees, in the

 6  application of state and federal laws and rules. Such programs

 7  shall also include:

 8         (a)  Career Vocational training.

 9         Section 59.  Subsection (4) of section 553.841, Florida

10  Statutes, is amended to read:

11         553.841  Building code training program; participant

12  competency requirements.--

13         (4)  The commission may enter into contracts with the

14  Department of Education, the State University System, the

15  Division of Community Colleges, model code organizations,

16  professional organizations, career centers

17  vocational-technical schools, trade organizations, and private

18  industry to administer the program.

19         Section 60.  Subsection (12) of section 790.06, Florida

20  Statutes, is amended to read:

21         790.06  License to carry concealed weapon or firearm.--

22         (12)  No license issued pursuant to this section shall

23  authorize any person to carry a concealed weapon or firearm

24  into any place of nuisance as defined in s. 823.05; any

25  police, sheriff, or highway patrol station; any detention

26  facility, prison, or jail; any courthouse; any courtroom,

27  except that nothing in this section would preclude a judge

28  from carrying a concealed weapon or determining who will carry

29  a concealed weapon in his or her courtroom; any polling place;

30  any meeting of the governing body of a county, public school

31  district, municipality, or special district; any meeting of

                                  66

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  the Legislature or a committee thereof; any school, college,

 2  or professional athletic event not related to firearms; any

 3  school administration building; any portion of an

 4  establishment licensed to dispense alcoholic beverages for

 5  consumption on the premises, which portion of the

 6  establishment is primarily devoted to such purpose; any

 7  elementary or secondary school facility; any career area

 8  technical center; any college or university facility unless

 9  the licensee is a registered student, employee, or faculty

10  member of such college or university and the weapon is a stun

11  gun or nonlethal electric weapon or device designed solely for

12  defensive purposes and the weapon does not fire a dart or

13  projectile; inside the passenger terminal and sterile area of

14  any airport, provided that no person shall be prohibited from

15  carrying any legal firearm into the terminal, which firearm is

16  encased for shipment for purposes of checking such firearm as

17  baggage to be lawfully transported on any aircraft; or any

18  place where the carrying of firearms is prohibited by federal

19  law. Any person who willfully violates any provision of this

20  subsection commits a misdemeanor of the second degree,

21  punishable as provided in s. 775.082 or s. 775.083.

22         Section 61.  Section 790.115, Florida Statutes, is

23  amended to read:

24         790.115  Possessing or discharging weapons or firearms

25  at a school-sponsored event or on school property prohibited;

26  penalties; exceptions.--

27         (1)  A person who exhibits any sword, sword cane,

28  firearm, electric weapon or device, destructive device, or

29  other weapon, including a razor blade, box cutter, or knife,

30  except as authorized in support of school-sanctioned

31  activities, in the presence of one or more persons in a rude,

                                  67

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  careless, angry, or threatening manner and not in lawful

 2  self-defense, at a school-sponsored event or on the grounds or

 3  facilities of any school, school bus, or school bus stop, or

 4  within 1,000 feet of the real property that comprises a public

 5  or private elementary school, middle school, or secondary

 6  school, during school hours or during the time of a sanctioned

 7  school activity, commits a felony of the third degree,

 8  punishable as provided in s. 775.082, s. 775.083, or s.

 9  775.084. This subsection does not apply to the exhibition of a

10  firearm or weapon on private real property within 1,000 feet

11  of a school by the owner of such property or by a person whose

12  presence on such property has been authorized, licensed, or

13  invited by the owner.

14         (2)(a)  A person shall not possess any firearm,

15  electric weapon or device, destructive device, or other

16  weapon, including a razor blade, box cutter, or knife, except

17  as authorized in support of school-sanctioned activities, at a

18  school-sponsored event or on the property of any school,

19  school bus, or school bus stop; however, a person may carry a

20  firearm:

21         1.  In a case to a firearms program, class or function

22  which has been approved in advance by the principal or chief

23  administrative officer of the school as a program or class to

24  which firearms could be carried;

25         2.  In a case to a career center vocational school

26  having a firearms training range; or

27         3.  In a vehicle pursuant to s. 790.25(5); except that

28  school districts may adopt written and published policies that

29  waive the exception in this subparagraph for purposes of

30  student and campus parking privileges.

31  

                                  68

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  For the purposes of this section, "school" means any

 2  preschool, elementary school, middle school, junior high

 3  school, secondary school, career center vocational school, or

 4  postsecondary school, whether public or nonpublic.

 5         (b)  A person who willfully and knowingly possesses any

 6  electric weapon or device, destructive device, or other

 7  weapon, including a razor blade, box cutter, or knife, except

 8  as authorized in support of school-sanctioned activities, in

 9  violation of this subsection commits a felony of the third

10  degree, punishable as provided in s. 775.082, s. 775.083, or

11  s. 775.084.

12         (c)1.  A person who willfully and knowingly possesses

13  any firearm in violation of this subsection commits a felony

14  of the third degree, punishable as provided in s. 775.082, s.

15  775.083, or s. 775.084.

16         2.  A person who stores or leaves a loaded firearm

17  within the reach or easy access of a minor who obtains the

18  firearm and commits a violation of subparagraph 1. commits a

19  misdemeanor of the second degree, punishable as provided in s.

20  775.082 or s. 775.083; except that this does not apply if the

21  firearm was stored or left in a securely locked box or

22  container or in a location which a reasonable person would

23  have believed to be secure, or was securely locked with a

24  firearm-mounted push-button combination lock or a trigger

25  lock; if the minor obtains the firearm as a result of an

26  unlawful entry by any person; or to members of the Armed

27  Forces, National Guard, or State Militia, or to police or

28  other law enforcement officers, with respect to firearm

29  possession by a minor which occurs during or incidental to the

30  performance of their official duties.

31  

                                  69

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         (d)  A person who discharges any weapon or firearm

 2  while in violation of paragraph (a), unless discharged for

 3  lawful defense of himself or herself or another or for a

 4  lawful purpose, commits a felony of the second degree,

 5  punishable as provided in s. 775.082, s. 775.083, or s.

 6  775.084.

 7         (e)  The penalties of this subsection shall not apply

 8  to persons licensed under s. 790.06. Persons licensed under s.

 9  790.06 shall be punished as provided in s. 790.06(12), except

10  that a licenseholder who unlawfully discharges a weapon or

11  firearm on school property as prohibited by this subsection

12  commits a felony of the second degree, punishable as provided

13  in s. 775.082, s. 775.083, or s. 775.084.

14         (3)  This section does not apply to any law enforcement

15  officer as defined in s. 943.10(1), (2), (3), (4), (6), (7),

16  (8), (9), or (14).

17         (4)  Notwithstanding s. 985.213, s. 985.214, or s.

18  985.215(1), any minor under 18 years of age who is charged

19  under this section with possessing or discharging a firearm on

20  school property shall be detained in secure detention, unless

21  the state attorney authorizes the release of the minor, and

22  shall be given a probable cause hearing within 24 hours after

23  being taken into custody. At the hearing, the court may order

24  that the minor continue to be held in secure detention for a

25  period of 21 days, during which time the minor shall receive

26  medical, psychiatric, psychological, or substance abuse

27  examinations pursuant to s. 985.224, and a written report

28  shall be completed.

29         Section 62.  Section 810.095, Florida Statutes, is

30  amended to read:

31  

                                  70

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         810.095  Trespass on school property with firearm or

 2  other weapon prohibited.--

 3         (1)  It is a felony of the third degree, punishable as

 4  provided in s. 775.082, s. 775.083, or s. 775.084, for a

 5  person who is trespassing upon school property to bring onto,

 6  or to possess on, such school property, any weapon or firearm.

 7         (2)  As used in this section, "school property" means

 8  the grounds or facility of any kindergarten, elementary

 9  school, middle school, junior high school, secondary school,

10  career center vocational school, or postsecondary school,

11  whether public or nonpublic.

12         Section 63.  Paragraph (b) of subsection (6) of section

13  943.14, Florida Statutes, is amended to read:

14         943.14  Commission-certified criminal justice training

15  schools; certificates and diplomas; exemptions; injunctive

16  relief; fines.--

17         (6)

18         (b)  All other criminal justice sciences or

19  administration courses or subjects which are a part of the

20  curriculum of any accredited college, university, community

21  college, or career vocational-technical center of this state,

22  and all full-time instructors of such institutions, are exempt

23  from the provisions of subsections (1)-(5).

24         Section 64.  Paragraph (c) of subsection (11) of

25  section 948.015, Florida Statutes, is amended to read:

26         948.015  Presentence investigation reports.--The

27  circuit court, when the defendant in a criminal case has been

28  found guilty or has entered a plea of nolo contendere or

29  guilty and has a lowest permissible sentence under the

30  Criminal Punishment Code of any nonstate prison sanction, may

31  refer the case to the department for investigation or

                                  71

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  recommendation.  Upon such referral, the department shall make

 2  the following report in writing at a time specified by the

 3  court prior to sentencing. The full report shall include:

 4         (11)  Information about any resources available to

 5  assist the offender, such as:

 6         (c)  Career Vocational training programs.

 7         Section 65.  Paragraph (b) of subsection (3) of section

 8  948.09, Florida Statutes, is amended to read:

 9         948.09  Payment for cost of supervision and

10  rehabilitation.--

11         (3)  Any failure to pay contribution as required under

12  this section may constitute a ground for the revocation of

13  probation by the court, the revocation of parole or

14  conditional release by the Parole Commission, the revocation

15  of control release by the Control Release Authority, or

16  removal from the pretrial intervention program by the state

17  attorney.  The Department of Corrections may exempt a person

18  from the payment of all or any part of the contribution if it

19  finds any of the following factors to exist:

20         (b)  The offender is a student in a school, college,

21  university, or course of career vocational or technical

22  training designed to fit the student for gainful employment.

23  Certification of such student status shall be supplied to the

24  Secretary of Corrections by the educational institution in

25  which the offender is enrolled.

26         Section 66.  Subsection (1) of section 958.12, Florida

27  Statutes, is amended to read:

28         958.12  Participation in certain activities required.--

29         (1)  A youthful offender shall be required to

30  participate in work assignments, and in career vocational,

31  

                                  72

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  academic, counseling, and other rehabilitative programs in

 2  accordance with this section, including, but not limited to:

 3         (a)  All youthful offenders may be required, as

 4  appropriate, to participate in:

 5         1.  Reception and orientation.

 6         2.  Evaluation, needs assessment, and classification.

 7         3.  Educational programs.

 8         4.  Career Vocational and job training.

 9         5.  Life and socialization skills training, including

10  anger/aggression control.

11         6.  Prerelease orientation and planning.

12         7.  Appropriate transition services.

13         (b)  In addition to the requirements in paragraph (a),

14  the department shall make available:

15         1.  Religious services and counseling.

16         2.  Social services.

17         3.  Substance abuse treatment and counseling.

18         4.  Psychological and psychiatric services.

19         5.  Library services.

20         6.  Medical and dental health care.

21         7.  Athletic, recreational, and leisure time

22  activities.

23         8.  Mail and visiting privileges.

24  

25  Income derived by a youthful offender from participation in

26  such activities may be used, in part, to defray a portion of

27  the costs of his or her incarceration or supervision; to

28  satisfy preexisting obligations; to pay fines, counseling

29  fees, or other costs lawfully imposed; or to pay restitution

30  to the victim of the crime for which the youthful offender has

31  been convicted in an amount determined by the sentencing

                                  73

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  court. Any such income not used for such reasons or not used

 2  as provided in s. 946.513 or s. 958.09 shall be placed in a

 3  bank account for use by the youthful offender upon his or her

 4  release.

 5         Section 67.  Subsections (29) and (43) of section

 6  985.03, Florida Statutes, are amended to read:

 7         985.03  Definitions.--When used in this chapter, the

 8  term:

 9         (29)  "Juvenile justice continuum" includes, but is not

10  limited to, delinquency prevention programs and services

11  designed for the purpose of preventing or reducing delinquent

12  acts, including criminal activity by youth gangs, and juvenile

13  arrests, as well as programs and services targeted at children

14  who have committed delinquent acts, and children who have

15  previously been committed to residential treatment programs

16  for delinquents. The term includes

17  children-in-need-of-services and families-in-need-of-services

18  programs; conditional release; substance abuse and mental

19  health programs; educational and career vocational programs;

20  recreational programs; community services programs; community

21  service work programs; and alternative dispute resolution

22  programs serving children at risk of delinquency and their

23  families, whether offered or delivered by state or local

24  governmental entities, public or private for-profit or

25  not-for-profit organizations, or religious or charitable

26  organizations.

27         (43)  "Probation" means the legal status of probation

28  created by law and court order in cases involving a child who

29  has been found to have committed a delinquent act. Probation

30  is an individualized program in which the freedom of the child

31  is limited and the child is restricted to noninstitutional

                                  74

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  quarters or restricted to the child's home in lieu of

 2  commitment to the custody of the Department of Juvenile

 3  Justice.  Youth on probation may be assessed and classified

 4  for placement in day-treatment probation programs designed for

 5  youth who represent a minimum risk to themselves and public

 6  safety and do not require placement and services in a

 7  residential setting. Program types in this more intensive and

 8  structured day-treatment probation option include career

 9  vocational programs, marine programs, juvenile justice

10  alternative schools, training and rehabilitation programs, and

11  gender-specific programs.

12         Section 68.  Paragraphs (a) and (b) of subsection (1),

13  paragraph (a) of subsection (2), subsection (3), and

14  paragraphs (a), (b), and (d) of subsection (4) of section

15  985.315, Florida Statutes, are amended to read:

16         985.315  Educational Educational/technical and

17  career-related vocational work-related programs.--

18         (1)(a)  It is the finding of the Legislature that the

19  educational educational/technical and career-related

20  vocational work-related programs of the Department of Juvenile

21  Justice are uniquely different from other programs operated or

22  conducted by other departments in that it is essential to the

23  state that these programs provide juveniles with useful

24  information and activities that can lead to meaningful

25  employment after release in order to assist in reducing the

26  return of juveniles to the system.

27         (b)  It is further the finding of the Legislature that

28  the mission of a juvenile educational educational/technical

29  and career-related vocational work-related program is, in

30  order of priority:

31  

                                  75

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         1.  To provide a joint effort between the department,

 2  the juvenile work programs, and educational

 3  educational/technical and career vocational training programs

 4  to reinforce relevant education, training, and postrelease job

 5  placement, and help reduce recommitment.

 6         2.  To serve the security goals of the state through

 7  the reduction of idleness of juveniles and the provision of an

 8  incentive for good behavior in residential commitment

 9  facilities.

10         3.  To teach youth in juvenile justice programs

11  relevant job skills and the fundamentals of a trade in order

12  to prepare them for placement in the workforce.

13         (2)(a)  The department is strongly encouraged to

14  require juveniles placed in a high-risk residential,

15  maximum-risk residential, or a serious/habitual offender

16  program to participate in an educational educational/technical

17  or career-related vocational work-related program 5 hours per

18  day, 5 days per week.  All policies developed by the

19  department relating to this requirement must be consistent

20  with applicable federal, state, and local labor laws and

21  standards, including all laws relating to child labor.

22         (3)  In adopting or modifying master plans for juvenile

23  work programs and educational educational/technical and career

24  vocational training programs, and in the administration of the

25  Department of Juvenile Justice, it shall be the objective of

26  the department to develop:

27         (a)  Attitudes favorable to work, the work situation,

28  and a law-abiding life in each juvenile employed in the

29  juvenile work program.

30         (b)  Education and training opportunities that are

31  reasonably broad, but which develop specific work skills.

                                  76

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         (c)  Programs that motivate juveniles to use their

 2  abilities.

 3         (d)  Education and training programs that will be of

 4  mutual benefit to all governmental jurisdictions of the state

 5  by reducing the costs of government to the taxpayers and which

 6  integrate all instructional programs into a unified curriculum

 7  suitable for all juveniles, but taking account of the

 8  different abilities of each juvenile.

 9         (e)  A logical sequence of educational

10  educational/technical or career vocational training,

11  employment by the juvenile work programs, and postrelease job

12  placement for juveniles participating in juvenile work

13  programs.

14         (4)(a)  The Department of Juvenile Justice shall

15  establish guidelines for the operation of juvenile educational

16  educational/technical and career-related vocational

17  work-related programs, which shall include the following

18  procedures:

19         1.  Participation in the educational

20  educational/technical and career-related vocational

21  work-related programs shall be on a 5-day-per-week,

22  5-hour-per-day basis.

23         2.  The education, training, work experience, emotional

24  and mental abilities, and physical capabilities of the

25  juvenile and the duration of the term of placement imposed on

26  the juvenile are to be analyzed before assignment of the

27  juvenile into the various processes best suited for

28  educational educational/technical or career vocational

29  training.

30         3.  When feasible, the department shall attempt to

31  obtain education or training credit for a juvenile seeking

                                  77

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  apprenticeship status or a high school diploma or its

 2  equivalent.

 3         4.  The juvenile may begin in a general education and

 4  work skills program and progress to a specific work skills

 5  training program, depending upon the ability, desire, and

 6  education and work record of the juvenile.

 7         5.  Modernization and upgrading of equipment and

 8  facilities should include greater automation and improved

 9  production techniques to expose juveniles to the latest

10  technological procedures to facilitate their adjustment to

11  real work situations.

12         (b)  Evaluations of juvenile educational

13  educational/technical and career-related vocational

14  work-related programs shall be conducted according to the

15  following guidelines:

16         1.  Systematic evaluations and quality assurance

17  monitoring shall be implemented, in accordance with s.

18  985.412(1), (2), and (5), to determine whether the programs

19  are related to successful postrelease adjustments.

20         2.  Operations and policies of the programs shall be

21  reevaluated to determine if they are consistent with their

22  primary objectives.

23         (d)  The department and providers are strongly

24  encouraged to work in partnership with local businesses and

25  trade groups in the development and operation of educational

26  educational/technical and career vocational programs.

27         Section 69.  Subsections (1) and (2) of section

28  1000.04, Florida Statutes, are amended to read:

29         1000.04  Components for the delivery of public

30  education within the Florida K-20 education system.--Florida's

31  K-20 education system provides for the delivery of public

                                  78

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  education through publicly supported and controlled K-12

 2  schools, community colleges, state universities and other

 3  postsecondary educational institutions, other educational

 4  institutions, and other educational services as provided or

 5  authorized by the Constitution and laws of the state.

 6         (1)  PUBLIC K-12 SCHOOLS.--The public K-12 schools

 7  include charter schools and consist of kindergarten classes;

 8  elementary, middle, and high school grades and special

 9  classes; workforce development education; career area

10  technical centers; adult, part-time, career and technical, and

11  evening schools, courses, or classes, as authorized by law to

12  be operated under the control of district school boards; and

13  lab schools operated under the control of state universities.

14         (2)  PUBLIC POSTSECONDARY EDUCATIONAL

15  INSTITUTIONS.--Public postsecondary educational institutions

16  include workforce development education; community colleges;

17  colleges; state universities; and all other state-supported

18  postsecondary educational institutions that are authorized and

19  established by law.

20         Section 70.  Paragraph (e) of subsection (2) and

21  subsection (4) of section 1000.05, Florida Statutes, are

22  amended to read:

23         1000.05  Discrimination against students and employees

24  in the Florida K-20 public education system prohibited;

25  equality of access required.--

26         (2)

27         (e)  Guidance services, counseling services, and

28  financial assistance services in the state public K-20

29  education system shall be available to students

30  equally.  Guidance and counseling services, materials, and

31  promotional events shall stress access to academic and, career

                                  79

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  and technical opportunities for students without regard to

 2  race, ethnicity, national origin, gender, disability, or

 3  marital status.

 4         (4)  Educational institutions within the state public

 5  K-20 education system shall develop and implement methods and

 6  strategies to increase the participation of students of a

 7  particular race, ethnicity, national origin, gender,

 8  disability, or marital status in programs and courses in which

 9  students of that particular race, ethnicity, national origin,

10  gender, disability, or marital status have been traditionally

11  underrepresented, including, but not limited to, mathematics,

12  science, computer technology, electronics, communications

13  technology, engineering, and career and technical education.

14         Section 71.  Paragraph (h) of subsection (4) of section

15  1001.42, Florida Statutes, is amended to read:

16         1001.42  Powers and duties of district school

17  board.--The district school board, acting as a board, shall

18  exercise all powers and perform all duties listed below:

19         (4)  ESTABLISHMENT, ORGANIZATION, AND OPERATION OF

20  SCHOOLS.--Adopt and provide for the execution of plans for the

21  establishment, organization, and operation of the schools of

22  the district, including, but not limited to, the following:

23         (h)  Career and technical classes and schools.--Provide

24  for the establishment and maintenance of career and technical

25  schools, departments, or classes, giving instruction in career

26  and technical education as defined by rules of the State Board

27  of Education, and use any moneys raised by public taxation in

28  the same manner as moneys for other school purposes are used

29  for the maintenance and support of public schools or classes.

30         Section 72.  Section 1001.44, Florida Statutes, is

31  amended to read:

                                  80

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         1001.44  Career Technical centers.--

 2         (1)  DISTRICT SCHOOL BOARD MAY ESTABLISH OR ACQUIRE

 3  CAREER TECHNICAL CENTERS.--Any district school board, after

 4  first obtaining the approval of the Department of Education,

 5  may, as a part of the district school system, organize,

 6  establish and operate a career technical center, or acquire

 7  and operate a career center technical school previously

 8  established.

 9         (2)  DISTRICT SCHOOL BOARDS OF CONTIGUOUS DISTRICTS MAY

10  ESTABLISH OR ACQUIRE CAREER TECHNICAL CENTERS.--The district

11  school boards of any two or more contiguous districts may,

12  upon first obtaining the approval of the department, enter

13  into an agreement to organize, establish and operate, or

14  acquire and operate, a career technical center under this

15  section.

16         (3)  CAREER TECHNICAL CENTER PART OF DISTRICT SCHOOL

17  SYSTEM DIRECTED BY A DIRECTOR.--

18         (a)  A career technical center established or acquired

19  under provisions of law and minimum standards prescribed by

20  the commissioner shall comprise a part of the district school

21  system and shall mean an educational institution offering

22  terminal courses of a technical nature, and courses for

23  out-of-school youth and adults; shall be subject to all

24  applicable provisions of this code; shall be under the control

25  of the district school board of the school district in which

26  it is located; and shall be directed by a director responsible

27  through the district school superintendent to the district

28  school board of the school district in which the center is

29  located.

30         (b)  Each career technical center shall maintain an

31  academic transcript for each student enrolled in the center.

                                  81

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  Such transcript shall delineate each course completed by the

 2  student. Courses shall be delineated by the course prefix and

 3  title assigned pursuant to s. 1007.24. The center shall make a

 4  copy of a student's transcript available to any student who

 5  requests it.

 6         Section 73.  Paragraph (a) of subsection (1) of section

 7  1001.452, Florida Statutes, is amended to read:

 8         1001.452  District and school advisory councils.--

 9         (1)  ESTABLISHMENT.--

10         (a)  The district school board shall establish an

11  advisory council for each school in the district and shall

12  develop procedures for the election and appointment of

13  advisory council members. Each school advisory council shall

14  include in its name the words "school advisory council." The

15  school advisory council shall be the sole body responsible for

16  final decisionmaking at the school relating to implementation

17  of the provisions of ss. 1001.42(16) and 1008.345. A majority

18  of the members of each school advisory council must be persons

19  who are not employed by the school. Each advisory council

20  shall be composed of the principal and an appropriately

21  balanced number of teachers, education support employees,

22  students, parents, and other business and community citizens

23  who are representative of the ethnic, racial, and economic

24  community served by the school. Career Technical center and

25  high school advisory councils shall include students, and

26  middle and junior high school advisory councils may include

27  students. School advisory councils of career centers technical

28  and adult education centers are not required to include

29  parents as members. Council members representing teachers,

30  education support employees, students, and parents shall be

31  

                                  82

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  elected by their respective peer groups at the school in a

 2  fair and equitable manner as follows:

 3         1.  Teachers shall be elected by teachers.

 4         2.  Education support employees shall be elected by

 5  education support employees.

 6         3.  Students shall be elected by students.

 7         4.  Parents shall be elected by parents.

 8  

 9  The district school board shall establish procedures for use

10  by schools in selecting business and community members that

11  include means of ensuring wide notice of vacancies and of

12  taking input on possible members from local business, chambers

13  of commerce, community and civic organizations and groups, and

14  the public at large. The district school board shall review

15  the membership composition of each advisory council. If the

16  district school board determines that the membership elected

17  by the school is not representative of the ethnic, racial, and

18  economic community served by the school, the district school

19  board shall appoint additional members to achieve proper

20  representation. The commissioner shall determine if schools

21  have maximized their efforts to include on their advisory

22  councils minority persons and persons of lower socioeconomic

23  status. Although schools are strongly encouraged to establish

24  school advisory councils, the district school board of any

25  school district that has a student population of 10,000 or

26  fewer may establish a district advisory council which shall

27  include at least one duly elected teacher from each school in

28  the district. For the purposes of school advisory councils and

29  district advisory councils, the term "teacher" shall include

30  classroom teachers, certified student services personnel, and

31  media specialists. For purposes of this paragraph, "education

                                  83

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  support employee" means any person employed by a school who is

 2  not defined as instructional or administrative personnel

 3  pursuant to s. 1012.01 and whose duties require 20 or more

 4  hours in each normal working week.

 5         Section 74.  Paragraph (a) of subsection (1) of section

 6  1001.453, Florida Statutes, is amended to read:

 7         1001.453  Direct-support organization; use of property;

 8  board of directors; audit.--

 9         (1)  DEFINITIONS.--For the purposes of this section,

10  the term:

11         (a)  "District school board direct-support

12  organization" means an organization that:

13         1.  Is approved by the district school board;

14         2.  Is a Florida corporation not for profit,

15  incorporated under the provisions of chapter 617 and approved

16  by the Department of State; and

17         3.  Is organized and operated exclusively to receive,

18  hold, invest, and administer property and to make expenditures

19  to or for the benefit of public kindergarten through 12th

20  grade education and adult career and technical and community

21  education programs in this state.

22         Section 75.  Subsection (16) of section 1001.64,

23  Florida Statutes, is amended to read:

24         1001.64  Community college boards of trustees; powers

25  and duties.--

26         (16)  Each board of trustees must expend performance

27  funds provided for workforce development education pursuant to

28  the provisions of s. 1011.80.

29         Section 76.  Subsection (2) of section 1002.01, Florida

30  Statutes, is amended to read:

31         1002.01  Definitions.--

                                  84

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         (2)  A "private school" is a nonpublic school defined

 2  as an individual, association, copartnership, or corporation,

 3  or department, division, or section of such organizations,

 4  that designates itself as an educational center that includes

 5  kindergarten or a higher grade or as an elementary, secondary,

 6  business, technical, or trade school below college level or

 7  any organization that provides instructional services that

 8  meet the intent of s. 1003.01(14) or that gives preemployment

 9  or supplementary training in technology or in fields of trade

10  or industry or that offers academic, literary, or career and

11  technical training below college level, or any combination of

12  the above, including an institution that performs the

13  functions of the above schools through correspondence or

14  extension, except those licensed under the provisions of

15  chapter 1005. A private school may be a parochial, religious,

16  denominational, for-profit, or nonprofit school. This

17  definition does not include home education programs conducted

18  in accordance with s. 1002.41.

19         Section 77.  Paragraph (f) of subsection (3) of section

20  1002.20, Florida Statutes, is amended to read:

21         1002.20  K-12 student and parent rights.--Parents of

22  public school students must receive accurate and timely

23  information regarding their child's academic progress and must

24  be informed of ways they can help their child to succeed in

25  school. K-12 students and their parents are afforded numerous

26  statutory rights including, but not limited to, the following:

27         (3)  HEALTH ISSUES.--

28         (f)  Career and technical education courses involving

29  hazardous substances.--High school students must be given

30  plano safety glasses or devices in career and technical

31  education courses involving the use of hazardous substances

                                  85

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  likely to cause eye injury, in accordance with the provisions

 2  of s. 1006.65.

 3         Section 78.  Paragraph (a) of subsection (2) and

 4  subsections (3) and (5) of section 1002.22, Florida Statutes,

 5  are amended to read:

 6         1002.22  Student records and reports; rights of parents

 7  and students; notification; penalty.--

 8         (2)  DEFINITIONS.--As used in this section:

 9         (a)  "Chief executive officer" means that person,

10  whether elected or appointed, who is responsible for the

11  management and administration of any public educational body

12  or unit, or the chief executive officer's designee for student

13  records; that is, the district school superintendent, the

14  director of a career an area technical center, the president

15  of a public postsecondary educational institution, or their

16  designees.

17         (3)  RIGHTS OF PARENT OR STUDENT.--The parent of any

18  student who attends or has attended any public school, career

19  area technical center, or public postsecondary educational

20  institution shall have the following rights with respect to

21  any records or reports created, maintained, and used by any

22  public educational institution in the state. However, whenever

23  a student has attained 18 years of age, or is attending a

24  postsecondary educational institution, the permission or

25  consent required of, and the rights accorded to, the parents

26  of the student shall thereafter be required of and accorded to

27  the student only, unless the student is a dependent student of

28  such parents as defined in 26 U.S.C. s. 152 (s. 152 of the

29  Internal Revenue Code of 1954). The State Board of Education

30  shall adopt rules whereby parents or students may exercise

31  these rights:

                                  86

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         (a)  Right of access.--

 2         1.  Such parent or student shall have the right, upon

 3  request directed to the appropriate school official, to be

 4  provided with a list of the types of records and reports,

 5  directly related to students, as maintained by the institution

 6  that the student attends or has attended.

 7         2.  Such parent or student shall have the right, upon

 8  request, to be shown any record or report relating to such

 9  student maintained by any public educational institution. When

10  the record or report includes information on more than one

11  student, the parent or student shall be entitled to receive,

12  or be informed of, only that part of the record or report that

13  pertains to the student who is the subject of the request.

14  Upon a reasonable request therefor, the institution shall

15  furnish such parent or student with an explanation or

16  interpretation of any such record or report.

17         3.  Copies of any list, record, or report requested

18  under the provisions of this paragraph shall be furnished to

19  the parent or student upon request.

20         4.  The State Board of Education shall adopt rules to

21  be followed by all public educational institutions in granting

22  requests for lists, or for access to reports and records or

23  for copies or explanations thereof under this paragraph.

24  However, access to any report or record requested under the

25  provisions of subparagraph 2. shall be granted within 30 days

26  after receipt of such request by the institution. Fees may be

27  charged for furnishing any copies of reports or records

28  requested under subparagraph 3., but such fees shall not

29  exceed the actual cost to the institution of producing such

30  copies.

31  

                                  87

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         (b)  Right of waiver of access to confidential letters

 2  or statements.--A parent or student shall have the right to

 3  waive the right of access to letters or statements of

 4  recommendation or evaluation, except that such waiver shall

 5  apply to recommendations or evaluations only if:

 6         1.  The parent or student is, upon request, notified of

 7  the names of all persons submitting confidential letters or

 8  statements.

 9         2.  Such recommendations or evaluations are used solely

10  for the purpose for which they were specifically intended.

11  

12  Such waivers may not be required as a condition for admission

13  to, receipt of financial aid from, or receipt of any other

14  services or benefits from, any public agency or public

15  educational institution in this state.

16         (c)  Right to challenge and hearing.--A parent or

17  student shall have the right to challenge the content of any

18  record or report to which such person is granted access under

19  paragraph (a), in order to ensure that the record or report is

20  not inaccurate, misleading, or otherwise in violation of the

21  privacy or other rights of the student and to provide an

22  opportunity for the correction, deletion, or expunction of any

23  inaccurate, misleading, or otherwise inappropriate data or

24  material contained therein. Any challenge arising under the

25  provisions of this paragraph may be settled through informal

26  meetings or discussions between the parent or student and

27  appropriate officials of the educational institution. If the

28  parties at such a meeting agree to make corrections, to make

29  deletions, to expunge material, or to add a statement of

30  explanation or rebuttal to the file, such agreement shall be

31  reduced to writing and signed by the parties; and the

                                  88

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  appropriate school officials shall take the necessary actions

 2  to implement the agreement. If the parties cannot reach an

 3  agreement, upon the request of either party, a hearing shall

 4  be held on such challenge under rules adopted by the State

 5  Board of Education. Upon the request of the parent or student,

 6  the hearing shall be exempt from the requirements of s.

 7  286.011. Such rules shall include at least the following

 8  provisions:

 9         1.  The hearing shall be conducted within a reasonable

10  period of time following the request for the hearing.

11         2.  The hearing shall be conducted, and the decision

12  rendered, by an official of the educational institution or

13  other party who does not have a direct interest in the outcome

14  of the hearing.

15         3.  The parent or student shall be afforded a full and

16  fair opportunity to present evidence relevant to the issues

17  raised under this paragraph.

18         4.  The decision shall be rendered in writing within a

19  reasonable period of time after the conclusion of the hearing.

20         5.  The appropriate school officials shall take the

21  necessary actions to implement the decision.

22         (d)  Right of privacy.--Every student shall have a

23  right of privacy with respect to the educational records kept

24  on him or her. Personally identifiable records or reports of a

25  student, and any personal information contained therein, are

26  confidential and exempt from the provisions of s. 119.07(1).

27  No state or local educational agency, board, public school,

28  career technical center, or public postsecondary educational

29  institution shall permit the release of such records, reports,

30  or information without the written consent of the student's

31  parent, or of the student himself or herself if he or she is

                                  89

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  qualified as provided in this subsection, to any individual,

 2  agency, or organization. However, personally identifiable

 3  records or reports of a student may be released to the

 4  following persons or organizations without the consent of the

 5  student or the student's parent:

 6         1.  Officials of schools, school systems, career

 7  technical centers, or public postsecondary educational

 8  institutions in which the student seeks or intends to enroll;

 9  and a copy of such records or reports shall be furnished to

10  the parent or student upon request.

11         2.  Other school officials, including teachers within

12  the educational institution or agency, who have legitimate

13  educational interests in the information contained in the

14  records.

15         3.  The United States Secretary of Education, the

16  Director of the National Institute of Education, the Assistant

17  Secretary for Education, the Comptroller General of the United

18  States, or state or local educational authorities who are

19  authorized to receive such information subject to the

20  conditions set forth in applicable federal statutes and

21  regulations of the United States Department of Education, or

22  in applicable state statutes and rules of the State Board of

23  Education.

24         4.  Other school officials, in connection with a

25  student's application for or receipt of financial aid.

26         5.  Individuals or organizations conducting studies for

27  or on behalf of an institution or a board of education for the

28  purpose of developing, validating, or administering predictive

29  tests, administering student aid programs, or improving

30  instruction, if such studies are conducted in such a manner as

31  will not permit the personal identification of students and

                                  90

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  their parents by persons other than representatives of such

 2  organizations and if such information will be destroyed when

 3  no longer needed for the purpose of conducting such studies.

 4         6.  Accrediting organizations, in order to carry out

 5  their accrediting functions.

 6         7.  School readiness coalitions and the Florida

 7  Partnership for School Readiness in order to carry out their

 8  assigned duties.

 9         8.  For use as evidence in student expulsion hearings

10  conducted by a district school board pursuant to the

11  provisions of chapter 120.

12         9.  Appropriate parties in connection with an

13  emergency, if knowledge of the information in the student's

14  educational records is necessary to protect the health or

15  safety of the student or other individuals.

16         10.  The Auditor General and the Office of Program

17  Policy Analysis and Government Accountability in connection

18  with their official functions; however, except when the

19  collection of personally identifiable information is

20  specifically authorized by law, any data collected by the

21  Auditor General and the Office of Program Policy Analysis and

22  Government Accountability is confidential and exempt from the

23  provisions of s. 119.07(1) and shall be protected in such a

24  way as will not permit the personal identification of students

25  and their parents by other than the Auditor General, the

26  Office of Program Policy Analysis and Government

27  Accountability, and their staff, and such personally

28  identifiable data shall be destroyed when no longer needed for

29  the Auditor General's and the Office of Program Policy

30  Analysis and Government Accountability's official use.

31  

                                  91

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         11.a.  A court of competent jurisdiction in compliance

 2  with an order of that court or the attorney of record pursuant

 3  to a lawfully issued subpoena, upon the condition that the

 4  student and the student's parent are notified of the order or

 5  subpoena in advance of compliance therewith by the educational

 6  institution or agency.

 7         b.  A person or entity pursuant to a court of competent

 8  jurisdiction in compliance with an order of that court or the

 9  attorney of record pursuant to a lawfully issued subpoena,

10  upon the condition that the student, or his or her parent if

11  the student is either a minor and not attending a

12  postsecondary educational institution or a dependent of such

13  parent as defined in 26 U.S.C. s. 152 (s. 152 of the Internal

14  Revenue Code of 1954), is notified of the order or subpoena in

15  advance of compliance therewith by the educational institution

16  or agency.

17         12.  Credit bureaus, in connection with an agreement

18  for financial aid that the student has executed, provided that

19  such information may be disclosed only to the extent necessary

20  to enforce the terms or conditions of the financial aid

21  agreement. Credit bureaus shall not release any information

22  obtained pursuant to this paragraph to any person.

23         13.  Parties to an interagency agreement among the

24  Department of Juvenile Justice, school and law enforcement

25  authorities, and other signatory agencies for the purpose of

26  reducing juvenile crime and especially motor vehicle theft by

27  promoting cooperation and collaboration, and the sharing of

28  appropriate information in a joint effort to improve school

29  safety, to reduce truancy and in-school and out-of-school

30  suspensions, and to support alternatives to in-school and

31  out-of-school suspensions and expulsions that provide

                                  92

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  structured and well-supervised educational programs

 2  supplemented by a coordinated overlay of other appropriate

 3  services designed to correct behaviors that lead to truancy,

 4  suspensions, and expulsions, and that support students in

 5  successfully completing their education. Information provided

 6  in furtherance of such interagency agreements is intended

 7  solely for use in determining the appropriate programs and

 8  services for each juvenile or the juvenile's family, or for

 9  coordinating the delivery of such programs and services, and

10  as such is inadmissible in any court proceedings prior to a

11  dispositional hearing unless written consent is provided by a

12  parent or other responsible adult on behalf of the juvenile.

13  

14  This paragraph does not prohibit any educational institution

15  from publishing and releasing to the general public directory

16  information relating to a student if the institution elects to

17  do so. However, no educational institution shall release, to

18  any individual, agency, or organization that is not listed in

19  subparagraphs 1.-13., directory information relating to the

20  student body in general or a portion thereof unless it is

21  normally published for the purpose of release to the public in

22  general. Any educational institution making directory

23  information public shall give public notice of the categories

24  of information that it has designated as directory information

25  with respect to all students attending the institution and

26  shall allow a reasonable period of time after such notice has

27  been given for a parent or student to inform the institution

28  in writing that any or all of the information designated

29  should not be released.

30         (5)  PENALTY.--In the event that any public school

31  official or employee, district school board official or

                                  93

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  employee, career technical center official or employee, or

 2  public postsecondary educational institution official or

 3  employee refuses to comply with any of the provisions of this

 4  section, the aggrieved parent or student shall have an

 5  immediate right to bring an action in the circuit court to

 6  enforce the violated right by injunction. Any aggrieved parent

 7  or student who brings such an action and whose rights are

 8  vindicated may be awarded attorney's fees and court costs.

 9         Section 79.  Subsection (1) of section 1002.38, Florida

10  Statutes, is amended to read:

11         1002.38  Opportunity Scholarship Program.--

12         (1)  FINDINGS AND INTENT.--The purpose of this section

13  is to provide enhanced opportunity for students in this state

14  to gain the knowledge and skills necessary for postsecondary

15  education, a career technical education, or the world of work.

16  The Legislature recognizes that the voters of the State of

17  Florida, in the November 1998 general election, amended s. 1,

18  Art. IX of the Florida Constitution so as to make education a

19  paramount duty of the state. The Legislature finds that the

20  State Constitution requires the state to provide a uniform,

21  safe, secure, efficient, and high-quality system which allows

22  the opportunity to obtain a high-quality education. The

23  Legislature further finds that a student should not be

24  compelled, against the wishes of the student's parent, to

25  remain in a school found by the state to be failing for 2

26  years in a 4-year period. The Legislature shall make available

27  opportunity scholarships in order to give parents the

28  opportunity for their children to attend a public school that

29  is performing satisfactorily or to attend an eligible private

30  school when the parent chooses to apply the equivalent of the

31  public education funds generated by his or her child to the

                                  94

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  cost of tuition in the eligible private school as provided in

 2  paragraph (6)(a). Eligibility of a private school shall

 3  include the control and accountability requirements that,

 4  coupled with the exercise of parental choice, are reasonably

 5  necessary to secure the educational public purpose, as

 6  delineated in subsection (4).

 7         Section 80.  Paragraph (a) of subsection (2) of section

 8  1002.42, Florida Statutes, is amended to read:

 9         1002.42  Private schools.--

10         (2)  ANNUAL PRIVATE SCHOOL SURVEY.--

11         (a)  The Department of Education shall organize,

12  maintain, and annually update a database of educational

13  institutions within the state coming within the provisions of

14  this section.  There shall be included in the database of each

15  institution the name, address, and telephone number of the

16  institution; the type of institution; the names of

17  administrative officers; the enrollment by grade or special

18  group (e.g., career and technical education and exceptional

19  child education); the number of graduates; the number of

20  instructional and administrative personnel; the number of days

21  the school is in session; and such data as may be needed to

22  meet the provisions of this section and s. 1003.23(2).

23         Section 81.  Subsection (4), paragraph (c) of

24  subsection (9), and subsection (15) of section 1003.01,

25  Florida Statutes, are amended to read:

26         1003.01  Definitions.--As used in this chapter, the

27  term:

28         (4)  "Career and technical education" means education

29  that provides instruction for the following purposes:

30         (a)  At the elementary, middle, and secondary school

31  levels, exploratory courses designed to give students initial

                                  95

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  exposure to a broad range of occupations to assist them in

 2  preparing their academic and occupational plans, and practical

 3  arts courses that provide generic skills that may apply to

 4  many occupations but are not designed to prepare students for

 5  entry into a specific occupation. Career and technical

 6  education provided before high school completion must be

 7  designed to enhance both occupational and academic skills

 8  through integration with academic instruction.

 9         (b)  At the secondary school level, job-preparatory

10  instruction in the competencies that prepare students for

11  effective entry into an occupation, including diversified

12  cooperative education, work experience, and job-entry programs

13  that coordinate directed study and on-the-job training.

14         (c)  At the postsecondary education level, courses of

15  study that provide competencies needed for entry into specific

16  occupations or for advancement within an occupation.

17         (9)  "Dropout" means a student who meets any one or

18  more of the following criteria:

19         (c)  The student has withdrawn from school, but has not

20  transferred to another public or private school or enrolled in

21  any career and technical, adult, home education, or

22  alternative educational program;

23  

24  The State Board of Education may adopt rules to implement the

25  provisions of this subsection.

26         (15)  "Extracurricular courses" means all courses that

27  are not defined as "core-curricula courses," which may

28  include, but are not limited to, physical education, fine

29  arts, performing fine arts, vocational education, and career

30  and technical education. The term is limited in meaning and

31  used for the sole purpose of designating classes that are not

                                  96

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  subject to the maximum class size requirements established in

 2  s. 1, Art. IX of the State Constitution.

 3         Section 82.  Section 1003.02, Florida Statutes, is

 4  amended to read:

 5         1003.02  District school board operation and control of

 6  public K-12 education within the school district.--As provided

 7  in part II of chapter 1001, district school boards are

 8  constitutionally and statutorily charged with the operation

 9  and control of public K-12 education within their school

10  district. The district school boards must establish, organize,

11  and operate their public K-12 schools and educational

12  programs, employees, and facilities. Their responsibilities

13  include staff development, public K-12 school student

14  education including education for exceptional students and

15  students in juvenile justice programs, special programs, adult

16  education programs, and career and technical education

17  programs. Additionally, district school boards must:

18         (1)  Provide for the proper accounting for all students

19  of school age, for the attendance and control of students at

20  school, and for proper attention to health, safety, and other

21  matters relating to the welfare of students in the following

22  fields:

23         (a)  Admission, classification, promotion, and

24  graduation of students.--Adopt rules for admitting,

25  classifying, promoting, and graduating students to or from the

26  various schools of the district.

27         (b)  Enforcement of attendance laws.--Provide for the

28  enforcement of all laws and rules relating to the attendance

29  of students at school.

30         (c)  Control of students.--

31  

                                  97

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         1.  Adopt rules for the control, attendance,

 2  discipline, in-school suspension, suspension, and expulsion of

 3  students and decide all cases recommended for expulsion.

 4         2.  Maintain a code of student conduct as provided in

 5  chapter 1006.

 6         (d)  Courses of study and instructional materials.--

 7         1.  Provide adequate instructional materials for all

 8  students as follows and in accordance with the requirements of

 9  chapter 1006, in the core courses of mathematics, language

10  arts, social studies, science, reading, and literature, except

11  for instruction for which the school advisory council approves

12  the use of a program that does not include a textbook as a

13  major tool of instruction.

14         2.  Adopt courses of study for use in the schools of

15  the district.

16         3.  Provide for proper requisitioning, distribution,

17  accounting, storage, care, and use of all instructional

18  materials as may be needed, and ensure that instructional

19  materials used in the district are consistent with the

20  district goals and objectives and the curriculum frameworks

21  approved by the State Board of Education, as well as with the

22  state and school district performance standards required by

23  law and state board rule.

24         (e)  Transportation.--Make provision for the

25  transportation of students to the public schools or school

26  activities they are required or expected to attend,

27  efficiently and economically, in accordance with the

28  requirements of chapter 1006.

29         (f)  Facilities and school plant.--

30         1.  Approve and adopt a districtwide school facilities

31  program, in accordance with the requirements of chapter 1013.

                                  98

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         2.  Approve plans for locating, planning, constructing,

 2  sanitating, insuring, maintaining, protecting, and condemning

 3  school property as prescribed in chapter 1013.

 4         3.  Approve and adopt a districtwide school building

 5  program.

 6         4.  Select and purchase school sites, playgrounds, and

 7  recreational areas located at centers at which schools are to

 8  be constructed, of adequate size to meet the needs of

 9  projected students to be accommodated.

10         5.  Approve the proposed purchase of any site,

11  playground, or recreational area for which school district

12  funds are to be used.

13         6.  Expand existing sites.

14         7.  Rent buildings when necessary.

15         8.  Enter into leases or lease-purchase arrangements,

16  in accordance with the requirements and conditions provided in

17  s. 1013.15(2).

18         9.  Provide for the proper supervision of construction.

19         10.  Make or contract for additions, alterations, and

20  repairs on buildings and other school properties.

21         11.  Ensure that all plans and specifications for

22  buildings provide adequately for the safety and well-being of

23  students, as well as for economy of construction.

24         12.  Provide adequately for the proper maintenance and

25  upkeep of school plants.

26         13.  Carry insurance on every school building in all

27  school plants including contents, boilers, and machinery,

28  except buildings of three classrooms or less which are of

29  frame construction and located in a tenth class public

30  protection zone as defined by the Florida Inspection and

31  Rating Bureau, and on all school buses and other property

                                  99

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  under the control of the district school board or title to

 2  which is vested in the district school board, except as

 3  exceptions may be authorized under rules of the State Board of

 4  Education.

 5         14.  Condemn and prohibit the use for public school

 6  purposes of any building under the control of the district

 7  school board.

 8         (g)  School operation.--

 9         1.  Provide for the operation of all public schools as

10  free schools for a term of at least 180 days or the equivalent

11  on an hourly basis as specified by rules of the State Board of

12  Education; determine district school funds necessary in

13  addition to state funds to operate all schools for the minimum

14  term; and arrange for the levying of district school taxes

15  necessary to provide the amount needed from district sources.

16         2.  Prepare, adopt, and timely submit to the Department

17  of Education, as required by law and by rules of the State

18  Board of Education, the annual school budget, so as to promote

19  the improvement of the district school system.

20         (h)  Records and reports.--

21         1.  Keep all necessary records and make all needed and

22  required reports, as required by law or by rules of the State

23  Board of Education.

24         2.  At regular intervals require reports to be made by

25  principals or teachers in all public schools to the parents of

26  the students enrolled and in attendance at their schools,

27  apprising them of the academic and other progress being made

28  by the student and giving other useful information.

29         (i)  Parental notification of acceleration

30  mechanisms.--At the beginning of each school year, notify

31  parents of students in or entering high school of the

                                 100

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  opportunity and benefits of advanced placement, International

 2  Baccalaureate, Advanced International Certificate of

 3  Education, dual enrollment, and Florida Virtual School

 4  courses.

 5         (2)  Require that all laws, all rules of the State

 6  Board of Education, and all rules of the district school board

 7  are properly enforced.

 8         (3)  Maintain a system of school improvement and

 9  education accountability as required by law and State Board of

10  Education rule, including but not limited to the requirements

11  of chapter 1008.

12         (4)  In order to reduce the anonymity of students in

13  large schools, adopt policies that encourage subdivision of

14  the school into schools-within-a-school, which shall operate

15  within existing resources. A "school-within-a-school" means an

16  operational program that uses flexible scheduling, team

17  planning, and curricular and instructional innovation to

18  organize groups of students with groups of teachers as smaller

19  units, so as to functionally operate as a smaller school.

20  Examples of this include, but are not limited to:

21         (a)  An organizational arrangement assigning both

22  students and teachers to smaller units in which the students

23  take some or all of their coursework with their fellow grouped

24  students and from the teachers assigned to the smaller unit. A

25  unit may be grouped together for 1 year or on a vertical,

26  multiyear basis.

27         (b)  An organizational arrangement similar to that

28  described in paragraph(a) with additional variations in

29  instruction and curriculum.  The smaller unit usually seeks to

30  maintain a program different from that of the larger school,

31  or of other smaller units. It may be vertically organized, but

                                 101

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  is dependent upon the school principal for its existence,

 2  budget, and staff.

 3         (c)  A separate and autonomous smaller unit formally

 4  authorized by the district school board or district school

 5  superintendent. The smaller unit plans and runs its own

 6  program, has its own staff and students, and receives its own

 7  separate budget. The smaller unit must negotiate the use of

 8  common space with the larger school and defer to the building

 9  principal on matters of safety and building operation.

10         Section 83.  Paragraph (h) of subsection (1) of section

11  1003.43, Florida Statutes, is amended to read:

12         1003.43  General requirements for high school

13  graduation.--

14         (1)  Graduation requires successful completion of

15  either a minimum of 24 academic credits in grades 9 through 12

16  or an International Baccalaureate curriculum. The 24 credits

17  shall be distributed as follows:

18         (h)1.  One credit in practical arts career and

19  technical education or exploratory career and technical

20  education. Any career and technical education course as

21  defined in s. 1003.01 may be taken to satisfy the high school

22  graduation requirement for one credit in practical arts or

23  exploratory career and technical education provided in this

24  subparagraph;

25         2.  One credit in performing fine arts to be selected

26  from music, dance, drama, painting, or sculpture. A course in

27  any art form, in addition to painting or sculpture, that

28  requires manual dexterity, or a course in speech and debate,

29  may be taken to satisfy the high school graduation requirement

30  for one credit in performing arts pursuant to this

31  subparagraph; or

                                 102

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         3.  One-half credit each in practical arts career and

 2  technical education or exploratory career and technical

 3  education and performing fine arts, as defined in this

 4  paragraph.

 5  

 6  Such credit for practical arts career and technical education

 7  or exploratory career and technical education or for

 8  performing fine arts shall be made available in the 9th grade,

 9  and students shall be scheduled into a 9th grade course as a

10  priority.

11  

12  District school boards may award a maximum of one-half credit

13  in social studies and one-half elective credit for student

14  completion of nonpaid voluntary community or school service

15  work. Students choosing this option must complete a minimum of

16  75 hours of service in order to earn the one-half credit in

17  either category of instruction. Credit may not be earned for

18  service provided as a result of court action. District school

19  boards that approve the award of credit for student volunteer

20  service shall develop guidelines regarding the award of the

21  credit, and school principals are responsible for approving

22  specific volunteer activities. A course designated in the

23  Course Code Directory as grade 9 through grade 12 that is

24  taken below the 9th grade may be used to satisfy high school

25  graduation requirements or Florida Academic Scholars award

26  requirements as specified in a district school board's student

27  progression plan. A student shall be granted credit toward

28  meeting the requirements of this subsection for equivalent

29  courses, as identified pursuant to s. 1007.271(6), taken

30  through dual enrollment.

31  

                                 103

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         Section 84.  Subsection (3) of section 1003.47, Florida

 2  Statutes, is amended to read:

 3         1003.47  Biological experiments on living subjects.--

 4         (3)  If any instructional employee of a public high

 5  school or career area technical center knowingly or

 6  intentionally fails or refuses to comply with any of the

 7  provisions of this section, the district school board may

 8  suspend, dismiss, return to annual contract, or otherwise

 9  discipline such employee as provided in s. 1012.22(1)(f) in

10  accordance with procedures established in chapter 1012. If any

11  instructional employee of any private school knowingly or

12  intentionally fails or refuses to comply with the provisions

13  of this section, the governing authority of the private school

14  may suspend, dismiss, or otherwise discipline such employee in

15  accordance with its standard personnel procedures.

16         Section 85.  Paragraphs (e) and (f) of subsection (2)

17  of section 1003.51, Florida Statutes, are amended to read:

18         1003.51  Other public educational services.--

19         (2)  The State Board of Education shall adopt and

20  maintain an administrative rule articulating expectations for

21  effective education programs for youth in Department of

22  Juvenile Justice programs, including, but not limited to,

23  education programs in juvenile justice commitment and

24  detention facilities. The rule shall articulate policies and

25  standards for education programs for youth in Department of

26  Juvenile Justice programs and shall include the following:

27         (e)  Assessment procedures, which:

28         1.  Include appropriate academic and career and

29  technical assessments administered at program entry and exit

30  that are selected by the Department of Education in

31  

                                 104

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  partnership with representatives from the Department of

 2  Juvenile Justice, district school boards, and providers.

 3         2.  Require district school boards to be responsible

 4  for ensuring the completion of the assessment process.

 5         3.  Require assessments for students in detention who

 6  will move on to commitment facilities, to be designed to

 7  create the foundation for developing the student's education

 8  program in the assigned commitment facility.

 9         4.  Require assessments of students sent directly to

10  commitment facilities to be completed within the first week of

11  the student's commitment.

12  

13  The results of these assessments, together with a portfolio

14  depicting the student's academic and career and technical

15  accomplishments, shall be included in the discharge package

16  assembled for each youth.

17         (f)  Recommended instructional programs, including, but

18  not limited to, career and technical training and job

19  preparation.

20         Section 86.  Paragraph (c) of subsection (1) and

21  subsections (3), (5), and (23) of section 1003.52, Florida

22  Statutes, are amended to read:

23         1003.52  Educational services in Department of Juvenile

24  Justice programs.--

25         (1)  The Legislature finds that education is the single

26  most important factor in the rehabilitation of adjudicated

27  delinquent youth in the custody of the Department of Juvenile

28  Justice in detention or commitment facilities. It is the goal

29  of the Legislature that youth in the juvenile justice system

30  continue to be allowed the opportunity to obtain a high

31  quality education. The Department of Education shall serve as

                                 105

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  the lead agency for juvenile justice education programs,

 2  curriculum, support services, and resources. To this end, the

 3  Department of Education and the Department of Juvenile Justice

 4  shall each designate a Coordinator for Juvenile Justice

 5  Education Programs to serve as the point of contact for

 6  resolving issues not addressed by district school boards and

 7  to provide each department's participation in the following

 8  activities:

 9         (c)  Developing academic and career and technical

10  protocols that provide guidance to district school boards and

11  providers in all aspects of education programming, including

12  records transfer and transition.

13  

14  Annually, a cooperative agreement and plan for juvenile

15  justice education service enhancement shall be developed

16  between the Department of Juvenile Justice and the Department

17  of Education and submitted to the Secretary of Juvenile

18  Justice and the Commissioner of Education by June 30.

19         (3)  The district school board of the county in which

20  the residential or nonresidential care facility or juvenile

21  assessment facility is located shall provide appropriate

22  educational assessments and an appropriate program of

23  instruction and special education services. The district

24  school board shall make provisions for each student to

25  participate in basic, career and technical education, and

26  exceptional student programs as appropriate. Students served

27  in Department of Juvenile Justice programs shall have access

28  to the appropriate courses and instruction to prepare them for

29  the GED test. Students participating in GED preparation

30  programs shall be funded at the basic program cost factor for

31  Department of Juvenile Justice programs in the Florida

                                 106

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  Education Finance Program. Each program shall be conducted

 2  according to applicable law providing for the operation of

 3  public schools and rules of the State Board of Education.

 4         (5)  The educational program shall consist of

 5  appropriate basic academic, career and technical, or

 6  exceptional curricula and related services which support the

 7  treatment goals and reentry and which may lead to completion

 8  of the requirements for receipt of a high school diploma or

 9  its equivalent. If the duration of a program is less than 40

10  days, the educational component may be limited to tutorial

11  activities and career and technical employability skills.

12         (23)  The Department of Juvenile Justice and the

13  Department of Education shall, in consultation with the

14  statewide Workforce Development Youth Council, district school

15  boards, providers, and others, jointly develop a multiagency

16  plan for career and technical education which describes the

17  curriculum, goals, and outcome measures for career and

18  technical education programming in juvenile commitment

19  facilities, pursuant to s. 985.3155.

20         Section 87.  Subsections (21), (23), (25), and (26) of

21  section 1004.02, Florida Statutes, are amended to read:

22         1004.02  Definitions.--As used in this chapter:

23         (21)  "Career Technical certificate program" means a

24  course of study that leads to at least one occupational

25  completion point. The program may also confer credit that may

26  articulate with a diploma or career technical degree education

27  program, if authorized by rules of the State Board of

28  Education. Any credit instruction designed to articulate to a

29  degree program is subject to guidelines and standards adopted

30  by the Department of Education pursuant to chapter 1007. The

31  

                                 107

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  term is interchangeable with the term "certificate career and

 2  technical education program."

 3         (23)  "Career and technical education planning region"

 4  means the geographic area in which career and technical or

 5  adult education is provided. Each career and technical region

 6  is contiguous with one of the 28 community college service

 7  areas.

 8         (25)  "Career and technical program" means a group of

 9  identified competencies leading to occupations identified by a

10  Classification of Instructional Programs number.

11         (26)  "Workforce development education" means adult

12  general education or career and technical education and may

13  consist of a continuing workforce education course or a

14  program of study leading to an occupational completion point,

15  a career technical certificate, an applied technology diploma,

16  or a career technical degree.

17         Section 88.  Paragraph (f) of subsection (5) of section

18  1004.04, Florida Statutes, is amended to read:

19         1004.04  Public accountability and state approval for

20  teacher preparation programs.--

21         (5)  CONTINUED PROGRAM APPROVAL.--Notwithstanding

22  subsection (4), failure by a public or nonpublic teacher

23  preparation program to meet the criteria for continued program

24  approval shall result in loss of program approval. The

25  Department of Education, in collaboration with the departments

26  and colleges of education, shall develop procedures for

27  continued program approval that document the continuous

28  improvement of program processes and graduates' performance.

29         (f)1.  Each Florida public and private institution that

30  offers a state-approved teacher preparation program must

31  annually report information regarding these programs to the

                                 108

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  state and the general public. This information shall be

 2  reported in a uniform and comprehensible manner that is

 3  consistent with definitions and methods approved by the

 4  Commissioner of the National Center for Educational Statistics

 5  and that is approved by the State Board of Education. This

 6  information must include, at a minimum:

 7         a.  The percent of graduates obtaining full-time

 8  teaching employment within the first year of graduation.

 9         b.  The average length of stay of graduates in their

10  full-time teaching positions.

11         c.  Satisfaction ratings required in paragraph (e).

12         2.  Each public and private institution offering

13  training for school readiness related professions, including

14  training in the fields of child care and early childhood

15  education, whether offering career technical credit, associate

16  in applied science degree programs, associate in science

17  degree programs, or associate in arts degree programs, shall

18  annually report information regarding these programs to the

19  state and the general public in a uniform and comprehensible

20  manner that conforms with definitions and methods approved by

21  the State Board of Education. This information must include,

22  at a minimum:

23         a.  Average length of stay of graduates in their

24  positions.

25         b.  Satisfaction ratings of graduates' employers.

26  

27  This information shall be reported through publications,

28  including college and university catalogs and promotional

29  materials sent to potential applicants, secondary school

30  guidance counselors, and prospective employers of the

31  institution's program graduates.

                                 109

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         Section 89.  Section 1004.07, Florida Statutes, is

 2  amended to read:

 3         1004.07  Student withdrawal from courses due to

 4  military service; effect.--Each district school board,

 5  community college district board of trustees, and university

 6  board of trustees shall establish, by rule and pursuant to

 7  guidelines of the State Board of Education, policies regarding

 8  currently enrolled students who are called to, or enlist in,

 9  active military service. Such policies shall provide that any

10  student enrolled in a postsecondary course or courses at a

11  career an area technical center, a public community college, a

12  public college, or a state university shall not incur academic

13  or financial penalties by virtue of performing military

14  service on behalf of our country. Such student shall be

15  permitted the option of either completing the course or

16  courses at a later date without penalty or withdrawing from

17  the course or courses with a full refund of fees paid. If the

18  student chooses to withdraw, the student's record shall

19  reflect that the withdrawal is due to active military service.

20         Section 90.  Paragraphs (b), (c), (d), and (g) of

21  subsection (4) of section 1004.54, Florida Statutes, are

22  amended to read:

23         1004.54  Learning Development and Evaluation Center.--

24         (4)  An outreach component shall be established which

25  shall include:

26         (b)  Working with community colleges, career technical

27  centers, and community agencies to identify students who may

28  benefit from the program.

29         (c)  Providing secondary schools, community colleges,

30  career technical centers, and community agencies with a

31  

                                 110

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  description of methods used by the program for identification

 2  of students who have learning disabilities.

 3         (d)  Providing secondary schools, community colleges,

 4  career technical centers, and community agencies with a

 5  description of program services and the support services

 6  available.

 7         (g)  Designing, developing, and implementing, in

 8  cooperation with Florida Agricultural and Mechanical

 9  University, public school districts, community colleges, and

10  career technical centers within the Department of Education,

11  model programs for the learning disabled student.

12         Section 91.  Subsection (6) and paragraph (a) of

13  subsection (8) of section 1004.65, Florida Statutes, are

14  amended to read:

15         1004.65  Community colleges; definition, mission, and

16  responsibilities.--

17         (6)  The primary mission and responsibility of

18  community colleges is responding to community needs for

19  postsecondary academic education and career technical degree

20  education. This mission and responsibility includes being

21  responsible for:

22         (a)  Providing lower level undergraduate instruction

23  and awarding associate degrees.

24         (b)  Preparing students directly for careers vocations

25  requiring less than baccalaureate degrees. This may include

26  preparing for job entry, supplementing of skills and

27  knowledge, and responding to needs in new areas of technology.

28  Career and technical education in the community college shall

29  consist of career technical certificates, credit courses

30  leading to associate in science degrees and associate in

31  applied science degrees, and other programs in fields

                                 111

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  requiring substantial academic work, background, or

 2  qualifications. A community college may offer career and

 3  technical education programs in fields having lesser academic

 4  or technical requirements.

 5         (c)  Providing student development services, including

 6  assessment, student tracking, support for disabled students,

 7  advisement, counseling, financial aid, career development, and

 8  remedial and tutorial services, to ensure student success.

 9         (d)  Promoting economic development for the state

10  within each community college district through the provision

11  of special programs, including, but not limited to, the:

12         1.  Enterprise Florida-related programs.

13         2.  Technology transfer centers.

14         3.  Economic development centers.

15         4.  Workforce literacy programs.

16         (e)  Providing dual enrollment instruction.

17         (8)  Funding for community colleges shall reflect their

18  mission as follows:

19         (a)  Postsecondary academic and career and technical

20  education programs and adult general education programs shall

21  have first priority in community college funding.

22         Section 92.  Paragraph (b) of subsection (3) and

23  paragraph (a) of subsection (8) of section 1004.73, Florida

24  Statutes, are amended to read:

25         1004.73  St. Petersburg College.--

26         (3)  STUDENTS; FEES.--

27         (b)  The Board of Trustees of St. Petersburg College

28  shall establish the level of tuition and other authorized

29  student fees consistent with law and proviso in the General

30  Appropriations Act.

31  

                                 112

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         1.  For each credit hour of enrollment in a certificate

 2  level course or lower-division level college credit course,

 3  tuition and fees must be within the range authorized in law

 4  and rule for a community college student at that level.

 5         2.  For each credit hour of enrollment in an

 6  upper-division level course, matriculation and tuition fees

 7  must be in an amount established by the Board of Trustees of

 8  St. Petersburg College. However, fees for upper-division

 9  students must reflect the fact that the college does not incur

10  the costs of major research programs. Therefore, the board of

11  trustees shall establish fees for upper-division students

12  within a range that is lower than the fees established for

13  students at a state university but higher than the fees for

14  community college students.

15         3.  Other mandatory fees and local fees must be at the

16  same level for all lower-division students. For upper-division

17  students, other mandatory fees and local fees must be at a

18  level less than fees established for University of South

19  Florida students, regardless of program enrollment or level.

20  However, students in workforce development education courses

21  maintain the authorized fee exemptions described in s. 1009.25

22  and may be exempt from local fees imposed by the board of

23  trustees, at the board's discretion.

24         (8)  STATE FUNDING.--

25         (a)  The Legislature intends to fund St. Petersburg

26  College as a community college for its workforce development

27  education programs and for its lower-division level college

28  credit courses and programs.

29         Section 93.  Subsections (1) and (2) of section

30  1004.91, Florida Statutes, are amended to read:

31  

                                 113

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         1004.91  Career-preparatory Vocational-preparatory

 2  instruction.--

 3         (1)  The State Board of Education shall adopt, by rule,

 4  standards of basic skill mastery for certificate career

 5  technical education programs. Each school district and

 6  community college that conducts programs that confer career

 7  technical credit shall provide career-preparatory

 8  vocational-preparatory instruction through which students

 9  receive the basic skills instruction required pursuant to this

10  section.

11         (2)  Students who enroll in a program offered for

12  career technical credit of 450 hours or more shall complete an

13  entry-level examination within the first 6 weeks of admission

14  into the program. The State Board of Education shall designate

15  examinations that are currently in existence, the results of

16  which are comparable across institutions, to assess student

17  mastery of basic skills. Any student found to lack the

18  required level of basic skills for such program shall be

19  referred to career-preparatory vocational-preparatory

20  instruction or adult basic education for a structured program

21  of basic skills instruction. Such instruction may include

22  English for speakers of other languages. A student may not

23  receive a career technical certificate of completion without

24  first demonstrating the basic skills required in the state

25  curriculum frameworks for the program.

26         Section 94.  Section 1004.92, Florida Statutes, is

27  amended to read:

28         1004.92  Purpose and responsibilities for career and

29  technical education.--

30         (1)  The purpose of career and technical education is

31  to enable students who complete career and technical programs

                                 114

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  to attain and sustain employment and realize economic

 2  self-sufficiency. The purpose of this section is to identify

 3  issues related to career and technical education for which

 4  school boards and community college boards of trustees are

 5  accountable.  It is the intent of the Legislature that the

 6  standards articulated in subsection (2) be considered in the

 7  development of accountability standards for public schools

 8  pursuant to ss. 1000.03, 1001.42(16), and 1008.345 and for

 9  community colleges pursuant to s. 1008.45.

10         (2)(a)  School board, superintendent, and career

11  technical center, and community college board of trustees and

12  president, accountability for career and technical education

13  programs includes, but is not limited to:

14         1.  Student demonstration of the academic skills

15  necessary to enter an occupation.

16         2.  Student preparation to enter an occupation in an

17  entry-level position or continue postsecondary study.

18         3.  Career and technical program articulation with

19  other corresponding postsecondary programs and job training

20  experiences.

21         4.  Employer satisfaction with the performance of

22  students who complete career and technical education or reach

23  occupational completion points.

24         5.  Student completion, placement, and retention rates

25  pursuant to s. 1008.43.

26         (b)  Department of Education accountability for career

27  and technical education includes, but is not limited to:

28         1.  The provision of timely, accurate technical

29  assistance to school districts and community colleges.

30         2.  The provision of timely, accurate information to

31  the State Board of Education, the Legislature, and the public.

                                 115

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         3.  The development of policies, rules, and procedures

 2  that facilitate institutional attainment of the accountability

 3  standards and coordinate the efforts of all divisions within

 4  the department.

 5         4.  The development of program standards and

 6  industry-driven benchmarks for career and technical, adult,

 7  and community education programs, which must be updated every

 8  3 years. The standards must include career technical,

 9  academic, and workplace skills; viability of distance learning

10  for instruction; and work/learn cycles that are responsive to

11  business and industry.

12         5.  Overseeing school district and community college

13  compliance with the provisions of this chapter.

14         6.  Ensuring that the educational outcomes for the

15  technical component of career and technical programs are

16  uniform and designed to provide a graduate who is capable of

17  entering the workforce on an equally competitive basis

18  regardless of the institution of choice.

19         (3)  Each career technical center operated by a

20  district school board shall establish a center advisory

21  council pursuant to s. 1001.452. The center advisory council

22  shall assist in the preparation and evaluation of center

23  improvement plans required pursuant to s. 1001.42(16) and may

24  provide assistance, upon the request of the center director,

25  in the preparation of the center's annual budget and plan as

26  required by s. 1008.385(1).

27         Section 95.  Paragraph (b) of subsection (1), paragraph

28  (d) of subsection (2), and paragraph (c) of subsection (4) of

29  section 1004.93, Florida Statutes, are amended to read:

30         1004.93  Adult general education.--

31         (1)

                                 116

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         (b)  It is further intended that educational

 2  opportunities be available for adults who have earned a

 3  diploma or high school equivalency diploma but who lack the

 4  basic skills necessary to function effectively in everyday

 5  situations, to enter the job market, or to enter career

 6  technical certificate instruction.

 7         (2)  The adult education program must provide academic

 8  services to students in the following priority:

 9         (d)  Students who have earned high school diplomas and

10  require specific improvement in order to:

11         1.  Obtain or maintain employment or benefit from

12  certificate career technical education programs;

13         2.  Pursue a postsecondary degree; or

14         3.  Develop competence in the English language to

15  qualify for employment.

16         (4)

17         (c)  The State Board of Education shall define, by

18  rule, the levels and courses of instruction to be funded

19  through the college-preparatory program. The state board shall

20  coordinate the establishment of costs for college-preparatory

21  courses, the establishment of statewide standards that define

22  required levels of competence, acceptable rates of student

23  progress, and the maximum amount of time to be allowed for

24  completion of college-preparatory instruction.

25  College-preparatory instruction is part of an associate in

26  arts degree program and may not be funded as an adult career

27  and technical education program.

28         Section 96.  Subsection (2) of section 1004.98, Florida

29  Statutes, is amended to read:

30         1004.98  Workforce literacy programs.--

31  

                                 117

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         (2)  Each community college and school district may

 2  conduct courses and programs through which adults gain the

 3  communication and computation skills necessary to complete a

 4  career and technical program, to gain or maintain entry-level

 5  employment, or to upgrade employment. Courses may not be

 6  conducted until the community college or school district

 7  identifies current and prospective employees who do not

 8  possess the skills necessary to enter career and technical

 9  programs or to obtain or maintain employment.

10         Section 97.  Subsection (8) of section 1005.02, Florida

11  Statutes, is amended to read:

12         1005.02  Definitions.--As used in this chapter, the

13  term:

14         (8)  "Diploma" means a credential that is not a degree

15  but is any of the following: a certificate, transcript,

16  report, document, or title; a designation, mark, or

17  appellation; or a series of letters, numbers, or words that

18  generally are taken to signify satisfactory completion of the

19  requirements of an educational, technical, or career program

20  of study or training or course of study.

21         Section 98.  Subsection (2) of section 1005.06, Florida

22  Statutes, is amended to read:

23         1005.06  Institutions not under the jurisdiction or

24  purview of the commission.--

25         (2)  The Department of Education may contract with the

26  Commission on Independent Education to provide services for

27  independent postsecondary educational institutions not under

28  the jurisdiction of the commission relating to licensure of

29  postsecondary career technical certificate and diploma

30  programs that such institutions may wish to offer and

31  preliminary review of programs such institutions may wish to

                                 118

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  offer which are beyond the scope of the institutions's current

 2  accreditation status.  Upon completion of its review, the

 3  commission shall forward its recommendation to the department

 4  for final action.  The department shall assess the institution

 5  seeking such services the cost to the commission of providing

 6  such services. Revenues collected pursuant to this provision

 7  shall be deposited in the Institutional Assessment Trust Fund.

 8         Section 99.  Paragraph (c) of subsection (2) of section

 9  1005.21, Florida Statutes, is amended to read:

10         1005.21  Commission for Independent Education.--

11         (2)  The Commission for Independent Education shall

12  consist of seven members who are residents of this state. The

13  commission shall function in matters concerning independent

14  postsecondary educational institutions in consumer protection,

15  program improvement, and licensure for institutions under its

16  purview. The Governor shall appoint the members of the

17  commission who are subject to confirmation by the Senate. The

18  membership of the commission shall consist of:

19         (c)  One member from a public school district or

20  community college who is an administrator of career and

21  technical education.

22         Section 100.  Subsections (2) and (5) of section

23  1006.035, Florida Statutes, are amended to read:

24         1006.035  Dropout reentry and mentor project.--

25         (2)  The project shall identify 15 black students in

26  each location who have dropped out of high school but were not

27  encountering academic difficulty when they left school.

28  Students chosen to participate may not have a high school

29  diploma, be enrolled in an adult general education program

30  which includes a GED program or an adult high school, or be

31  enrolled in a career center technical school. Students may be

                                 119

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  employed but must be able to adjust their work schedules to

 2  accommodate classes and project sessions. Priority must be

 3  given to students who have dropped out of school within the

 4  last 3 years.

 5         (5)  Selected project participants shall be evaluated

 6  and enrolled in a GED program, regular high school, career

 7  center technical school, or alternative school. In conjunction

 8  with school guidance personnel, project staff shall design a

 9  supplemental program to reinforce basic skills, provide

10  additional counseling, and offer tutorial assistance. Weekly,

11  project staff shall monitor students' attendance, performance,

12  homework, and attitude toward school.

13         Section 101.  Subsection (1) of section 1006.051,

14  Florida Statutes, is amended to read:

15         1006.051  Sunshine Workforce Solutions Grant Program.--

16         (1)  The Legislature recognizes the need for school

17  districts to be able to respond to critical workforce

18  shortages in nursing. The Sunshine Workforce Solutions Grant

19  Program is created to provide grants to school districts on a

20  competitive basis to fund all or some of the costs associated

21  with establishing an exploratory program in nursing at the

22  middle school level or a comprehensive career and technical

23  education program within a high school that provides a program

24  of study in nursing that will provide a seamless transition to

25  appropriate postsecondary education or employment.

26         (a)  A comprehensive career and technical education

27  program within a high school that provides a program of study

28  in nursing must be certified or endorsed by the Florida Board

29  of Nursing to ensure that all components of the program are

30  relevant and appropriate to prepare the student for further

31  education and employment in nursing.

                                 120

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         (b)  For career and technical education programs in

 2  which high school credit is articulated to a related

 3  postsecondary education program, there must be an articulation

 4  agreement that ensures seamless transition from one level to

 5  the next without a loss of credit for the student.

 6         (c)  Participation in work-based learning experiences,

 7  as defined in rule by the Department of Education, shall be

 8  required in career and technical education programs at the

 9  high school level.

10         Section 102.  Paragraph (c) of subsection (3) of

11  section 1006.21, Florida Statutes, is amended to read:

12         1006.21  Duties of district school superintendent and

13  district school board regarding transportation.--

14         (3)  District school boards, after considering

15  recommendations of the district school superintendent:

16         (c)  May provide transportation for public school

17  migrant, exceptional, nursery, and other public school

18  students in membership below kindergarten; kindergarten

19  through grade 12 students in membership in a public school;

20  and adult students in membership in adult career and

21  technical, basic, and high school graduation programs in a

22  public school when, and only when, transportation is necessary

23  to provide adequate educational facilities and opportunities

24  which otherwise would not be available.

25         Section 103.  Paragraph (a) of subsection (4) of

26  section 1006.31, Florida Statutes, is amended to read:

27         1006.31  Duties of each state instructional materials

28  committee.--The duties of each state instructional materials

29  committee are:

30         (4)  EVALUATION OF INSTRUCTIONAL MATERIALS.--To

31  evaluate carefully all instructional materials submitted, to

                                 121

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  ascertain which instructional materials, if any, submitted for

 2  consideration best implement the selection criteria developed

 3  by the commissioner and those curricular objectives included

 4  within applicable performance standards provided for in s.

 5  1001.03(1).

 6         (a)  When recommending instructional materials for use

 7  in the schools, each committee shall include only

 8  instructional materials that accurately portray the ethnic,

 9  socioeconomic, cultural, and racial diversity of our society,

10  including men and women in professional, career and technical,

11  and executive roles, and the role and contributions of the

12  entrepreneur and labor in the total development of this state

13  and the United States.

14  

15  The findings of the committees, including the evaluation of

16  instructional materials, shall be in sessions open to the

17  public. All decisions leading to determinations of the

18  committees shall be by roll call vote, and at no time will a

19  secret ballot be permitted.

20         Section 104.  Paragraph (a) of subsection (2) and

21  paragraph (b) of subsection (3) of section 1007.21, Florida

22  Statutes, are amended to read:

23         1007.21  Readiness for postsecondary education and the

24  workplace.--

25         (2)(a)  Students entering the 9th grade and their

26  parents shall be active participants in choosing an

27  end-of-high-school student destination based upon both student

28  and parent or guardian goals. Four or more destinations should

29  be available with bridges between destinations to enable

30  students to shift destinations should they choose to change

31  goals. The destinations shall accommodate the needs of

                                 122

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  students served in exceptional education programs to the

 2  extent appropriate for individual students. Exceptional

 3  education students may continue to follow the courses outlined

 4  in the district school board student progression plan.

 5  Participating students and their parents shall choose among

 6  destinations, which must include:

 7         1.  Four-year college or university, community college

 8  plus university, or military academy.

 9         2.  Two-year postsecondary degree.

10         3.  Postsecondary career and technical certificate.

11         4.  Immediate employment or entry-level military.

12         (3)

13         (b)  The school principal shall:

14         1.  Designate a member of the existing instructional or

15  administrative staff to serve as a specialist to help

16  coordinate the use of student achievement strategies to help

17  students succeed in their coursework. The specialist shall

18  also assist teachers in integrating the academic and career

19  and technical curricula, utilizing technology, providing

20  feedback regarding student achievement, and implementing the

21  Blueprint for Career Preparation and Tech Prep programs.

22         2.  Institute strategies to eliminate reading, writing,

23  and mathematics deficiencies of secondary students.

24         Section 105.  Paragraph (c) of subsection (1) of

25  section 1007.23, Florida Statutes, is amended to read:

26         1007.23  Statewide articulation agreement.--

27         (1)  The State Board of Education shall establish in

28  rule a statewide articulation agreement that governs:

29         (c)  Admission of applied technology diploma program

30  graduates from community colleges or career technical centers;

31  

                                 123

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         Section 106.  Subsection (2) of section 1007.24,

 2  Florida Statutes, is amended to read:

 3         1007.24  Statewide course numbering system.--

 4         (2)  The Commissioner of Education shall appoint

 5  faculty committees representing faculties of participating

 6  institutions to recommend a single level for each course,

 7  including postsecondary career and technical education

 8  courses, included in the statewide course numbering system.

 9         (a)  Any course designated as an upper-division-level

10  course must be characterized by a need for advanced academic

11  preparation and skills that a student would be unlikely to

12  achieve without significant prior coursework.

13         (b)  A course that is offered as part of an associate

14  in science degree program and as an upper-division course for

15  a baccalaureate degree shall be designated for both the lower

16  and upper division.

17         (c)  A course designated as lower-division may be

18  offered by any community college.

19         Section 107.  Subsections (2) and (11) of section

20  1007.25, Florida Statutes, are amended to read:

21         1007.25  General education courses; common

22  prerequisites; and other degree requirements.--

23         (2)  The department shall identify postsecondary career

24  and technical education programs offered by community colleges

25  and district school boards. The department shall also identify

26  career and technical courses designated as college credit

27  courses applicable toward a career and technical education

28  diploma or degree. Such courses must be identified within the

29  statewide course numbering system.

30         (11)  The Commissioner of Education shall appoint

31  faculty committees representing both community college and

                                 124

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  public school faculties to recommend to the commissioner for

 2  approval by the State Board of Education a standard program

 3  length and appropriate occupational completion points for each

 4  postsecondary career and technical certificate program,

 5  diploma, and degree.

 6         Section 108.  Subsection (4) of section 1007.27,

 7  Florida Statutes, is amended to read:

 8         1007.27  Articulated acceleration mechanisms.--

 9         (4)  It is the intent of the Legislature to provide

10  articulated acceleration mechanisms for students who are in

11  home education programs, as defined in s. 1003.01(11),

12  consistent with the educational opportunities available to

13  public and private secondary school students. Home education

14  students may participate in dual enrollment, career and

15  technical dual enrollment, early admission, and credit by

16  examination. Credit earned by home education students through

17  dual enrollment shall apply toward the completion of a home

18  education program that meets the requirements of s. 1002.41.

19         Section 109.  Subsections (1), (3), (4), (8), and (10)

20  of section 1007.271, Florida Statutes, are amended to read:

21         1007.271  Dual enrollment programs.--

22         (1)  The dual enrollment program is the enrollment of

23  an eligible secondary student or home education student in a

24  postsecondary course creditable toward a career and technical

25  certificate or an associate or baccalaureate degree.

26         (3)  The Department of Education shall adopt guidelines

27  designed to achieve comparability across school districts of

28  both student qualifications and teacher qualifications for

29  dual enrollment courses. Student qualifications must

30  demonstrate readiness for college-level coursework if the

31  student is to be enrolled in college courses. Student

                                 125

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  qualifications must demonstrate readiness for career-level

 2  career and technical-level coursework if the student is to be

 3  enrolled in career and technical courses. In addition to the

 4  common placement examination, student qualifications for

 5  enrollment in college credit dual enrollment courses must

 6  include a 3.0 unweighted grade point average, and student

 7  qualifications for enrollment in career and technical

 8  certificate dual enrollment courses must include a 2.0

 9  unweighted grade point average. Exceptions to the required

10  grade point averages may be granted if the educational

11  entities agree and the terms of the agreement are contained

12  within the dual enrollment interinstitutional articulation

13  agreement. Community college boards of trustees may establish

14  additional admissions criteria, which shall be included in the

15  district interinstitutional articulation agreement developed

16  according to s. 1007.235, to ensure student readiness for

17  postsecondary instruction. Additional requirements included in

18  the agreement shall not arbitrarily prohibit students who have

19  demonstrated the ability to master advanced courses from

20  participating in dual enrollment courses. District school

21  boards may not refuse to enter into an agreement with a local

22  community college if that community college has the capacity

23  to offer dual enrollment courses.

24         (4)  Career and technical dual enrollment shall be

25  provided as a curricular option for secondary students to

26  pursue in order to earn a series of elective credits toward

27  the high school diploma. However, career and technical dual

28  enrollment shall not supplant student acquisition of the

29  diploma. Career and technical dual enrollment shall be

30  available for secondary students seeking a degree or

31  certificate from a complete career-preparatory job-preparatory

                                 126

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  program, but shall not sustain student enrollment in isolated

 2  career and technical courses. It is the intent of the

 3  Legislature that career and technical dual enrollment reflect

 4  the interests and aptitudes of the student. The provision of a

 5  comprehensive academic and career and technical dual

 6  enrollment program within the career area technical center or

 7  community college is supportive of legislative intent;

 8  however, such provision is not mandatory.

 9         (8)  Career and technical early admission is a form of

10  career and technical dual enrollment through which eligible

11  secondary students enroll full time in a career an area

12  technical center or a community college in courses that are

13  creditable toward the high school diploma and the certificate

14  or associate degree. Participation in the career and technical

15  early admission program shall be limited to students who have

16  completed a minimum of 6 semesters of full-time secondary

17  enrollment, including studies undertaken in the ninth grade.

18  Students enrolled pursuant to this section are exempt from the

19  payment of registration, tuition, and laboratory fees.

20         (10)(a)  The dual enrollment program for home education

21  students consists of the enrollment of an eligible home

22  education secondary student in a postsecondary course

23  creditable toward an associate degree, a career or technical

24  certificate, or a baccalaureate degree. To participate in the

25  dual enrollment program, an eligible home education secondary

26  student must:

27         1.  Provide proof of enrollment in a home education

28  program pursuant to s. 1002.41.

29         2.  Be responsible for his or her own instructional

30  materials and transportation unless provided for otherwise.

31  

                                 127

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         (b)  Each career technical center, community college,

 2  and state university shall:

 3         1.  Delineate courses and programs for dually enrolled

 4  home education students. Courses and programs may be added,

 5  revised, or deleted at any time.

 6         2.  Identify eligibility criteria for home education

 7  student participation, not to exceed those required of other

 8  dually enrolled students.

 9         Section 110.  Subsection (1) of section 1008.37,

10  Florida Statutes, is amended to read:

11         1008.37  Postsecondary feedback of information to high

12  schools.--

13         (1)  The State Board of Education shall adopt rules

14  that require the Commissioner of Education to report to the

15  State Board of Education, the Legislature, and the district

16  school boards on the performance of each

17  first-time-in-postsecondary education student from each public

18  high school in this state who is enrolled in a public

19  postsecondary institution or public career technical center.

20  Such reports must be based on information databases maintained

21  by the Department of Education. In addition, the public

22  postsecondary educational institutions and career technical

23  centers shall provide district school boards access to

24  information on student performance in regular and preparatory

25  courses and shall indicate students referred for remediation

26  pursuant to s. 1004.91 or s. 1008.30.

27         Section 111.  Paragraph (b) of subsection (1) of

28  section 1008.385, Florida Statutes, is amended to read:

29         1008.385  Educational planning and information

30  systems.--

31         (1)  EDUCATIONAL PLANNING.--

                                 128

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         (b)  Each district school board shall maintain a

 2  continuing system of planning and budgeting designed to aid in

 3  identifying and meeting the educational needs of students and

 4  the public. Provision shall be made for coordination between

 5  district school boards and community college boards of

 6  trustees concerning the planning for career and technical

 7  education and adult educational programs. The major emphasis

 8  of the system shall be upon locally determined goals and

 9  objectives, the state plan for education, and the Sunshine

10  State Standards developed by the Department of Education and

11  adopted by the State Board of Education. The district planning

12  and budgeting system must include consideration of student

13  achievement data obtained pursuant to ss. 1008.22 and 1008.34.

14  The system shall be structured to meet the specific management

15  needs of the district and to align the budget adopted by the

16  district school board with the plan the board has also

17  adopted. Each district school board shall utilize its system

18  of planning and budgeting to emphasize a system of

19  school-based management in which individual school centers

20  become the principal planning units and to integrate planning

21  and budgeting at the school level.

22         Section 112.  Section 1008.405, Florida Statutes, is

23  amended to read:

24         1008.405  Adult student information.--Each school

25  district and community college shall maintain sufficient

26  information for each student enrolled in workforce development

27  education to allow local and state administrators to locate

28  such student upon the termination of instruction and to

29  determine the appropriateness of student placement in specific

30  instructional programs. The State Board of Education shall

31  

                                 129

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  adopt, in rule, specific information that must be maintained

 2  and acceptable means of maintaining that information.

 3         Section 113.  Subsections (1) and (2) of section

 4  1008.41, Florida Statutes, are amended to read:

 5         1008.41  Workforce Development education; management

 6  information system.--

 7         (1)  The Commissioner of Education shall coordinate

 8  uniform program structures, common definitions, and uniform

 9  management information systems for workforce development

10  education for all divisions within the department. In

11  performing these functions, the commissioner shall designate

12  deadlines after which data elements may not be changed for the

13  coming fiscal or school year. School districts and community

14  colleges shall be notified of data element changes at least 90

15  days prior to the start of the subsequent fiscal or school

16  year. Such systems must provide for:

17         (a)  Individual student reporting.

18         (b)  Compliance with state and federal confidentiality

19  requirements, except that the department shall have access to

20  the unemployment insurance wage reports to collect and report

21  placement information about former students. Such placement

22  reports must not disclose the individual identities of former

23  students.

24         (c)  Maximum use of automated technology and records in

25  existing data bases and data systems. To the extent feasible,

26  the Florida Information Resource Network shall be employed for

27  this purpose.

28         (d)  Annual reports of student enrollment, completion,

29  and placement by program.

30         (2)  The State Board of Education shall identify, by

31  rule, the components to be included in the workforce

                                 130

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  development education management information system. All such

 2  components shall be comparable between school districts and

 3  community colleges.

 4         Section 114.  Subsection (2) of section 1008.42,

 5  Florida Statutes, is amended to read:

 6         1008.42  Public information on career and technical

 7  education programs.--

 8         (2)  The dissemination shall be conducted in accordance

 9  with the following procedures:

10         (a)  Annually, the Department of Education shall

11  publish the placement rates and average quarterly earnings for

12  students who complete each type of career technical

13  certificate program and career technical degree program. This

14  information must be aggregated to the state level and must be

15  included in any accountability reports. A program that was

16  created or modified so that placement rates cannot be

17  calculated must be so identified in such reports.

18         (b)1.  Each district school board shall publish, at a

19  minimum, the most recently available placement rate for each

20  career technical certificate program conducted by that school

21  district at the secondary school level and at the career

22  technical degree level. The placement rates for the preceding

23  3 years shall be published if available, shall be included in

24  each publication that informs the public of the availability

25  of the program, and shall be made available to each school

26  guidance counselor. If a program does not have a placement

27  rate, a publication that lists or describes that program must

28  state that the rate is unavailable.

29         2.  Each community college shall publish, at a minimum,

30  the most recent placement rate for each career technical

31  certificate program and for each career technical degree

                                 131

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  program in its annual catalog. The placement rates for the

 2  preceding 3 years shall be published, if available, and shall

 3  be included in any publication that informs the public of the

 4  availability of the program. If a program does not have a

 5  placement rate, the publication that lists or describes that

 6  program must state that the rate is unavailable.

 7         3.  If a school district or a community college has

 8  calculated for a program a placement rate that differs from

 9  the rate reported by the department, and if each record of a

10  placement was obtained through a process that was capable of

11  being audited, procedurally sound, and consistent statewide,

12  the district or the community college may use the locally

13  calculated placement rate in the report required by this

14  section. However, that rate may not be combined with the rate

15  maintained in the computer files of the Department of

16  Education's Florida Education and Training Placement

17  Information Program.

18         4.  An independent career and technical, trade, or

19  business school may not publish a placement rate unless the

20  placement rate was determined as provided by this section.

21         Section 115.  Paragraphs (a) and (c) of subsection (1)

22  and subsection (2) of section 1008.43, Florida Statutes, are

23  amended to read:

24         1008.43  Career and technical program reporting

25  requirements.--

26         (1)(a)  The Department of Education shall develop a

27  system of performance measures in order to evaluate the career

28  and technical education programs as required in s. 1008.42.

29  This system must measure program enrollment, completion rates,

30  placement rates, and amount of earnings at the time of

31  placement. Placement and employment information, where

                                 132

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  applicable, shall contain data relevant to job retention,

 2  including retention rates. The State Board of Education shall

 3  adopt by rule the specific measures and any definitions needed

 4  to establish the system of performance measures.

 5         (c)  The State Board of Education shall adopt standards

 6  for the department, district school boards, and community

 7  college district boards of trustees to use in program

 8  planning, program review, and program evaluation. The

 9  standards must include, at a minimum, the completion rates,

10  placement rates, and earnings from employment of former

11  students of career and technical education programs.

12         (2)  The State Board of Education shall adopt

13  procedures for reviewing the career and technical education

14  programs administered by the district school boards and the

15  community college district boards of trustees when program

16  performance falls below the standards required by this

17  section.

18         Section 116.  Paragraphs (d) and (f) of subsection (1)

19  of section 1008.45, Florida Statutes, are amended to read:

20         1008.45  Community college accountability process.--

21         (1)  It is the intent of the Legislature that a

22  management and accountability process be implemented which

23  provides for the systematic, ongoing improvement and

24  assessment of the improvement of the quality and efficiency of

25  the Florida community colleges. Accordingly, the State Board

26  of Education and the community college boards of trustees

27  shall develop and implement an accountability plan to improve

28  and evaluate the instructional and administrative efficiency

29  and effectiveness of the Florida Community College System.

30  This plan shall be designed in consultation with staff of the

31  

                                 133

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  Governor and the Legislature and must address the following

 2  issues:

 3         (d)  Job placement rates of community college career

 4  and technical students.

 5         (f)  Career and technical accountability standards

 6  identified in s. 1008.42.

 7         Section 117.  Subsection (14) of section 1009.23,

 8  Florida Statutes, is amended to read:

 9         1009.23  Community college student fees.--

10         (14)  Each community college board of trustees shall

11  report only those students who have actually enrolled in

12  instruction provided or supervised by instructional personnel

13  under contract with the community college in calculations of

14  actual full-time equivalent enrollments for state funding

15  purposes.  No student who has been exempted from taking a

16  course or who has been granted academic or career technical

17  credit through means other than actual coursework completed at

18  the granting institution shall be calculated for enrollment in

19  the course from which he or she has been exempted or granted

20  credit. Community colleges that report enrollments in

21  violation of this subsection shall be penalized at a rate

22  equal to two times the value of such enrollments. Such penalty

23  shall be charged against the following year's allocation from

24  the Community College Program Fund and shall revert to the

25  General Revenue Fund.

26         Section 118.  Subsections (1) and (2) of section

27  1009.25, Florida Statutes, are amended to read:

28         1009.25  Fee exemptions.--

29         (1)  The following students are exempt from any

30  requirement for the payment of tuition and fees, including lab

31  

                                 134

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  fees, for adult basic, adult secondary, or career-preparatory

 2  vocational-preparatory instruction:

 3         (a)  A student who does not have a high school diploma

 4  or its equivalent.

 5         (b)  A student who has a high school diploma or its

 6  equivalent and who has academic skills at or below the eighth

 7  grade level pursuant to state board rule. A student is

 8  eligible for this exemption from fees if the student's skills

 9  are at or below the eighth grade level as measured by a test

10  administered in the English language and approved by the

11  Department of Education, even if the student has skills above

12  that level when tested in the student's native language.

13         (2)  The following students are exempt from the payment

14  of tuition and fees, including lab fees, at a school district

15  that provides postsecondary career and technical programs,

16  community college, or state university:

17         (a)  A student enrolled in a dual enrollment or early

18  admission program pursuant to s. 1007.27 or s. 1007.271.

19         (b)  A student enrolled in an approved apprenticeship

20  program, as defined in s. 446.021.

21         (c)  A student to whom the state has awarded a

22  Road-to-Independence Scholarship, or who is or was at the time

23  he or she reached 18 years of age in the custody of a relative

24  under s. 39.5085, or who is adopted from the Department of

25  Children and Family Services after May 5, 1997. Such exemption

26  includes fees associated with enrollment in career-preparatory

27  vocational-preparatory instruction and completion of the

28  college-level communication and computation skills testing

29  program. Such an exemption is available to any student who was

30  in the custody of a relative under s. 39.5085 at the time he

31  or she reached 18 years of age or was adopted from the

                                 135

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  Department of Children and Family Services after May 5, 1997;

 2  however, the exemption remains valid for no more than 4 years

 3  after the date of graduation from high school.

 4         (d)  A student enrolled in an employment and training

 5  program under the welfare transition program. The regional

 6  workforce board shall pay the state university, community

 7  college, or school district for costs incurred for welfare

 8  transition program participants.

 9         (e)  A student who lacks a fixed, regular, and adequate

10  nighttime residence or whose primary nighttime residence is a

11  public or private shelter designed to provide temporary

12  residence for individuals intended to be institutionalized, or

13  a public or private place not designed for, or ordinarily used

14  as, a regular sleeping accommodation for human beings.

15         (f)  A student who is a proprietor, owner, or worker of

16  a company whose business has been at least 50 percent

17  negatively financially impacted by the buy-out of property

18  around Lake Apopka by the State of Florida. Such a student may

19  receive a fee exemption only if the student has not received

20  compensation because of the buy-out, the student is designated

21  a Florida resident for tuition purposes, pursuant to s.

22  1009.21, and the student has applied for and been denied

23  financial aid, pursuant to s. 1009.40, which would have

24  provided, at a minimum, payment of all student fees. The

25  student is responsible for providing evidence to the

26  postsecondary education institution verifying that the

27  conditions of this paragraph have been met, including support

28  documentation provided by the Department of Revenue. The

29  student must be currently enrolled in, or begin coursework

30  within, a program area by fall semester 2000. The exemption is

31  valid for a period of 4 years from the date that the

                                 136

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  postsecondary education institution confirms that the

 2  conditions of this paragraph have been met.

 3         Section 119.  Paragraph (a) of subsection (1) of

 4  section 1009.40, Florida Statutes, is amended to read:

 5         1009.40  General requirements for student eligibility

 6  for state financial aid.--

 7         (1)(a)  The general requirements for eligibility of

 8  students for state financial aid awards consist of the

 9  following:

10         1.  Achievement of the academic requirements of and

11  acceptance at a state university or community college; a

12  nursing diploma school approved by the Florida Board of

13  Nursing; a Florida college, university, or community college

14  which is accredited by an accrediting agency recognized by the

15  State Board of Education; any Florida institution the credits

16  of which are acceptable for transfer to state universities;

17  any career technical center; or any private career technical

18  institution accredited by an accrediting agency recognized by

19  the State Board of Education.

20         2.  Residency in this state for no less than 1 year

21  preceding the award of aid for a program established pursuant

22  to s. 1009.50, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54,

23  s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s.

24  1009.68, s. 1009.72, s. 1009.73, s. 1009.76, s. 1009.77, or s.

25  1009.89. Residency in this state must be for purposes other

26  than to obtain an education. Resident status for purposes of

27  receiving state financial aid awards shall be determined in

28  the same manner as resident status for tuition purposes

29  pursuant to s. 1009.21 and rules of the State Board of

30  Education.

31  

                                 137

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         3.  Submission of certification attesting to the

 2  accuracy, completeness, and correctness of information

 3  provided to demonstrate a student's eligibility to receive

 4  state financial aid awards. Falsification of such information

 5  shall result in the denial of any pending application and

 6  revocation of any award currently held to the extent that no

 7  further payments shall be made. Additionally, students who

 8  knowingly make false statements in order to receive state

 9  financial aid awards shall be guilty of a misdemeanor of the

10  second degree subject to the provisions of s. 837.06 and shall

11  be required to return all state financial aid awards

12  wrongfully obtained.

13         Section 120.  Subsection (2) of section 1009.532,

14  Florida Statutes, is amended to read:

15         1009.532  Florida Bright Futures Scholarship Program;

16  student eligibility requirements for renewal awards.--

17         (2)  A student who is enrolled in a program that

18  terminates in an associate degree or a baccalaureate degree

19  may receive an award for a maximum of 110 percent of the

20  number of credit hours required to complete the program. A

21  student who is enrolled in a program that terminates in a

22  career technical certificate may receive an award for a

23  maximum of 110 percent of the credit hours or clock hours

24  required to complete the program up to 90 credit hours. A

25  student who transfers from one of these program levels to

26  another becomes eligible for the higher of the two credit hour

27  limits.

28         Section 121.  Subsection (1) of section 1009.533,

29  Florida Statutes, is amended to read:

30         1009.533  Florida Bright Futures Scholarship Program;

31  eligible postsecondary education institutions.--A student is

                                 138

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  eligible for an award or the renewal of an award from the

 2  Florida Bright Futures Scholarship Program if the student

 3  meets the requirements for the program as described in this

 4  act and is enrolled in a postsecondary education institution

 5  that meets the description in any one of the following

 6  subsections:

 7         (1)  A Florida public university, community college, or

 8  career technical center.

 9         Section 122.  Section 1009.536, Florida Statutes, is

10  amended to read:

11         1009.536  Florida Gold Seal Vocational Scholars

12  award.--The Florida Gold Seal Vocational Scholars award is

13  created within the Florida Bright Futures Scholarship Program

14  to recognize and reward academic achievement and career and

15  technical preparation by high school students who wish to

16  continue their education.

17         (1)  A student is eligible for a Florida Gold Seal

18  Vocational Scholars award if the student meets the general

19  eligibility requirements for the Florida Bright Futures

20  Scholarship Program and the student:

21         (a)  Completes the secondary school portion of a

22  sequential program of studies that requires at least three

23  secondary school career and technical credits taken over at

24  least 2 academic years, and is continued in a planned, related

25  postsecondary education program. If the student's school does

26  not offer such a two-plus-two or tech-prep program, the

27  student must complete a job-preparatory career education

28  program selected by the Workforce Estimating Conference or

29  Workforce Florida, Inc., for its ability to provide high-wage

30  employment in an occupation with high potential for employment

31  

                                 139

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  opportunities. On-the-job training may not be substituted for

 2  any of the three required career and technical credits.

 3         (b)  Demonstrates readiness for postsecondary education

 4  by earning a passing score on the Florida College Entry Level

 5  Placement Test or its equivalent as identified by the

 6  Department of Education.

 7         (c)  Earns a minimum cumulative weighted grade point

 8  average of 3.0, as calculated pursuant to s. 1009.531, on all

 9  subjects required for a standard high school diploma,

10  excluding elective courses.

11         (d)  Earns a minimum unweighted grade point average of

12  3.5 on a 4.0 scale for secondary career and technical courses

13  comprising the career and technical program.

14         (2)  A Florida Gold Seal Vocational Scholar is eligible

15  for an award equal to the amount required to pay 75 percent of

16  tuition and fees, if the student is enrolled in a public

17  postsecondary education institution. A student who is enrolled

18  in a nonpublic postsecondary education institution is eligible

19  for an award equal to the amount that would be required to pay

20  75 percent of the tuition and mandatory fees of a public

21  postsecondary education institution at the comparable level.

22         (3)  To be eligible for a renewal award as a Florida

23  Gold Seal Vocational Scholar, a student must maintain the

24  equivalent of a cumulative grade point average of 2.75 on a

25  4.0 scale with an opportunity for reinstatement one time as

26  provided in this chapter.

27         (4)  A student may earn a Florida Gold Seal Vocational

28  Scholarship for 110 percent of the number of credit hours

29  required to complete the program, up to 90 credit hours or the

30  equivalent. A Florida Gold Seal Scholar who has a cumulative

31  grade point average of 2.75 in all postsecondary education

                                 140

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  work attempted may apply for a Florida Medallion Scholars

 2  award at any renewal period. All other provisions of that

 3  program apply, and the credit-hour limitation must be

 4  calculated by subtracting from the student's total eligibility

 5  the number of credit hours the student attempted while earning

 6  the Gold Seal Vocational Scholarship.

 7         Section 123.  Paragraph (d) of subsection (2) and

 8  paragraph (c) of subsection (3) of section 1009.55, Florida

 9  Statutes, are amended to read:

10         1009.55  Rosewood Family Scholarship Program.--

11         (2)  The Rosewood Family Scholarship Program shall be

12  administered by the Department of Education. The State Board

13  of Education shall adopt rules for administering this program

14  which shall at a minimum provide for the following:

15         (d)  Payment of an award shall be transmitted in

16  advance of the registration period each semester on behalf of

17  the student to the president of the university or community

18  college, or his or her representative, or to the director of

19  the career center technical school which the recipient is

20  attending.

21         (3)  Beginning with the 1994-1995 academic year, the

22  department is authorized to make awards for undergraduate

23  study to students who:

24         (c)  Enroll as certificate-seeking or degree-seeking

25  students at a state university, community college, or career

26  center technical school authorized by law.

27         Section 124.  Paragraph (c) of subsection (1) of

28  section 1009.61, Florida Statutes, is amended to read:

29         1009.61  Teacher/Quest Scholarship Program.--The

30  Teacher/Quest Scholarship Program is created for the purpose

31  of providing teachers with the opportunity to enhance their

                                 141

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  knowledge of science, mathematics, and computer applications

 2  in business, industry, and government. A school district or

 3  developmental research school may propose that one or more

 4  teachers be granted a Teacher/Quest Scholarship by submitting

 5  to the Department of Education:

 6         (1)  A project proposal specifying activities a teacher

 7  will carry out to improve his or her:

 8         (c)  Knowledge of career and technical requirements for

 9  competency in mathematics, science, and computing; and

10         Section 125.  Subsection (4) and paragraph (a) of

11  subsection (6) of section 1009.64, Florida Statutes, are

12  amended to read:

13         1009.64  Certified Education Paraprofessional Welfare

14  Transition Program.--

15         (4)  The agencies shall complete an implementation plan

16  that addresses at least the following recommended components

17  of the program:

18         (a)  A method of selecting participants. The method

19  must not duplicate services provided by those assigned to

20  screen participants of the welfare transition program, but

21  must assure that screening personnel are trained to identify

22  recipients of public assistance whose personal aptitudes and

23  motivation make them most likely to succeed in the program and

24  advance in a career related to the school community.

25         (b)  A budget for use of incentive funding to provide

26  motivation to participants to succeed and excel. The budget

27  for incentive funding includes:

28         1.  Funds allocated by the Legislature directly for the

29  program.

30  

31  

                                 142

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         2.  Funds that may be made available from the federal

 2  Workforce Investment Act based on client eligibility or

 3  requested waivers to make the clients eligible.

 4         3.  Funds made available by implementation strategies

 5  that would make maximum use of work supplementation funds

 6  authorized by federal law.

 7         4.  Funds authorized by strategies to lengthen

 8  participants' eligibility for federal programs such as

 9  Medicaid, subsidized child care, and transportation.

10  

11  Incentives may include a stipend during periods of college

12  classroom training, a bonus and recognition for a high

13  grade-point average, child care and prekindergarten services

14  for children of participants, and services to increase a

15  participant's ability to advance to higher levels of

16  employment. Nonfinancial incentives should include providing a

17  mentor or tutor, and service incentives should continue and

18  increase for any participant who plans to complete the

19  baccalaureate degree and become a certified teacher. Services

20  may be provided in accordance with family choice by community

21  colleges and school district career technical centers, through

22  family service centers and full-service schools, or under

23  contract with providers through central agencies.

24         (6)(a)  A community college or school district career

25  technical center is eligible to participate if it provides a

26  career technical certificate program in Child Development

27  Early Intervention as approved by Workforce Florida, Inc.

28  Priority programs provide an option and incentives to

29  articulate with an associate in science degree program or a

30  baccalaureate degree program.

31  

                                 143

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         Section 126.  Subsection (3) of section 1009.98,

 2  Florida Statutes, is amended to read:

 3         1009.98  Florida Prepaid College Program.--

 4         (3)  TRANSFER OF BENEFITS TO PRIVATE AND OUT-OF-STATE

 5  COLLEGES AND UNIVERSITIES AND TO CAREER AREA TECHNICAL

 6  CENTERS.--A qualified beneficiary may apply the benefits of an

 7  advance payment contract toward:

 8         (a)  An independent college or university that is

 9  located and chartered in Florida, that is not for profit, that

10  is accredited by the Commission on Colleges of the Southern

11  Association of Colleges and Schools or the Accrediting Council

12  for Independent Colleges and Schools, and that confers degrees

13  as defined in s. 1005.02.

14         (b)  An out-of-state college or university that is not

15  for profit and is accredited by a regional accrediting

16  association, and that confers degrees.

17         (c)  An applied technology diploma program or career

18  technical certificate program conducted by a community college

19  listed in s. 1004.02(2) or career technical center operated by

20  a district school board.

21  

22  The board shall transfer or cause to be transferred to the

23  institution designated by the qualified beneficiary an amount

24  not to exceed the redemption value of the advance payment

25  contract at a state postsecondary institution. If the cost of

26  registration or housing fees at such institution is less than

27  the corresponding fees at a state postsecondary institution,

28  the amount transferred may not exceed the actual cost of

29  registration and housing fees. A transfer authorized under

30  this subsection may not exceed the number of semester credit

31  hours or semesters of dormitory residence contracted on behalf

                                 144

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  of a qualified beneficiary. Notwithstanding any other

 2  provision in this section, an institution must be an "eligible

 3  educational institution" under s. 529 of the Internal Revenue

 4  Code to be eligible for the transfer of advance payment

 5  contract benefits.

 6         Section 127.  Paragraph (a) of subsection (3) of

 7  section 1010.20, Florida Statutes, is amended to read:

 8         1010.20  Cost accounting and reporting for school

 9  districts.--

10         (3)  PROGRAM EXPENDITURE REQUIREMENTS.--

11         (a)  Each district shall expend at least the percent of

12  the funds generated by each of the programs listed in this

13  section on the aggregate total school costs for such programs:

14         1.  Kindergarten and grades 1, 2, and 3, 90 percent.

15         2.  Grades 4, 5, 6, 7, and 8, 80 percent.

16         3.  Grades 9, 10, 11, and 12, 80 percent.

17         4.  Programs for exceptional students, on an aggregate

18  program basis, 90 percent.

19         5.  Grades 7 through 12 career and technical education

20  programs, on an aggregate program basis, 80 percent.

21         6.  Students-at-risk programs, on an aggregate program

22  basis, 80 percent.

23         7.  Juvenile justice programs, on an aggregate program

24  basis, 80 percent.

25         8.  Any new program established and funded under s.

26  1011.62(1)(c), that is not included under subparagraphs 1.-6.,

27  on an aggregate basis as appropriate, 80 percent.

28         Section 128.  Subsection (1) of section 1010.58,

29  Florida Statutes, is amended to read:

30         1010.58  Procedure for determining number of

31  instruction units for community colleges.--The number of

                                 145

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  instruction units for community colleges shall be determined

 2  from the full-time equivalent students in the community

 3  college, provided that full-time equivalent students may not

 4  be counted more than once in determining instruction units.

 5  Instruction units for community colleges shall be computed as

 6  follows:

 7         (1)  One unit for each 12 full-time equivalent students

 8  at a community college for the first 420 students and one unit

 9  for each 15 full-time equivalent students for all over 420

10  students, in other than career and technical education

11  programs as defined by rules of the State Board of Education,

12  and one unit for each 10 full-time equivalent students in

13  career and technical education programs and compensatory

14  education programs as defined by rules of the State Board of

15  Education. Full-time equivalent students enrolled in a

16  community college shall be defined by rules of the State Board

17  of Education.

18         Section 129.  Paragraphs (c), (d), and (e) of

19  subsection (1) of section 1011.62, Florida Statutes, are

20  amended to read:

21         1011.62  Funds for operation of schools.--If the annual

22  allocation from the Florida Education Finance Program to each

23  district for operation of schools is not determined in the

24  annual appropriations act or the substantive bill implementing

25  the annual appropriations act, it shall be determined as

26  follows:

27         (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR

28  OPERATION.--The following procedure shall be followed in

29  determining the annual allocation to each district for

30  operation:

31  

                                 146

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         (c)  Determination of programs.--Cost factors based on

 2  desired relative cost differences between the following

 3  programs shall be established in the annual General

 4  Appropriations Act. The Commissioner of Education shall

 5  specify a matrix of services and intensity levels to be used

 6  by districts in the determination of the two weighted cost

 7  factors for exceptional students with the highest levels of

 8  need. For these students, the funding support level shall fund

 9  the exceptional students' education program, with the

10  exception of extended school year services for students with

11  disabilities.

12         1.  Basic programs.--

13         a.  Kindergarten and grades 1, 2, and 3.

14         b.  Grades 4, 5, 6, 7, and 8.

15         c.  Grades 9, 10, 11, and 12.

16         2.  Programs for exceptional students.--

17         a.  Support Level IV.

18         b.  Support Level V.

19         3.  Secondary career and technical education

20  programs.--

21         4.  English for Speakers of Other Languages.--

22         (d)  Annual allocation calculation.--

23         1.  The Department of Education is authorized and

24  directed to review all district programs and enrollment

25  projections and calculate a maximum total weighted full-time

26  equivalent student enrollment for each district for the K-12

27  FEFP.

28         2.  Maximum enrollments calculated by the department

29  shall be derived from enrollment estimates used by the

30  Legislature to calculate the FEFP.  If two or more districts

31  enter into an agreement under the provisions of s.

                                 147

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  1001.42(4)(d), after the final enrollment estimate is agreed

 2  upon, the amount of FTE specified in the agreement, not to

 3  exceed the estimate for the specific program as identified in

 4  paragraph (c), may be transferred from the participating

 5  districts to the district providing the program.

 6         3.  As part of its calculation of each district's

 7  maximum total weighted full-time equivalent student

 8  enrollment, the department shall establish separate enrollment

 9  ceilings for each of two program groups. Group 1 shall be

10  composed of basic programs for grades K-3, grades 4-8, and

11  grades 9-12. Group 2 shall be composed of students in

12  exceptional student education programs, English for Speakers

13  of Other Languages programs, and all career and technical

14  programs in grades 7-12.

15         a.  The weighted enrollment ceiling for group 2

16  programs shall be calculated by multiplying the final

17  enrollment conference estimate for each program by the

18  appropriate program weight.  The weighted enrollment ceiling

19  for program group 2 shall be the sum of the weighted

20  enrollment ceilings for each program in the program group,

21  plus the increase in weighted full-time equivalent student

22  membership from the prior year for clients of the Department

23  of Children and Family Services and the Department of Juvenile

24  Justice.

25         b.  If, for any calculation of the FEFP, the weighted

26  enrollment for program group 2, derived by multiplying actual

27  enrollments by appropriate program weights, exceeds the

28  enrollment ceiling for that group, the following procedure

29  shall be followed to reduce the weighted enrollment for that

30  group to equal the enrollment ceiling:

31  

                                 148

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         (I)  The weighted enrollment ceiling for each program

 2  in the program group shall be subtracted from the weighted

 3  enrollment for that program derived from actual enrollments.

 4         (II)  If the difference calculated under

 5  sub-sub-subparagraph (I) is greater than zero for any program,

 6  a reduction proportion shall be computed for the program by

 7  dividing the absolute value of the difference by the total

 8  amount by which the weighted enrollment for the program group

 9  exceeds the weighted enrollment ceiling for the program group.

10         (III)  The reduction proportion calculated under

11  sub-sub-subparagraph (II) shall be multiplied by the total

12  amount of the program group's enrollment over the ceiling as

13  calculated under sub-sub-subparagraph (I).

14         (IV)  The prorated reduction amount calculated under

15  sub-sub-subparagraph(III) shall be subtracted from the

16  program's weighted enrollment.  For any calculation of the

17  FEFP, the enrollment ceiling for group 1 shall be calculated

18  by multiplying the actual enrollment for each program in the

19  program group by its appropriate program weight.

20         c.  For program group 2, the weighted enrollment

21  ceiling shall be a number not less than the sum obtained by:

22         (I)  Multiplying the sum of reported FTE for all

23  programs in the program group that have a cost factor of 1.0

24  or more by 1.0, and

25         (II)  By adding this number to the sum obtained by

26  multiplying the projected FTE for all programs with a cost

27  factor less than 1.0 by the actual cost factor.

28         4.  Following completion of the weighted enrollment

29  ceiling calculation as provided in subparagraph 3., a

30  supplemental capping calculation shall be employed for those

31  districts that are over their weighted enrollment ceiling. For

                                 149

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  each such district, the total reported unweighted FTE

 2  enrollment for group 2 programs shall be compared with the

 3  total appropriated unweighted FTE enrollment for group 2

 4  programs. If the total reported unweighted FTE for group 2 is

 5  greater than the appropriated unweighted FTE, then the excess

 6  unweighted FTE up to the unweighted FTE transferred from group

 7  2 to group 1 for each district by the Public School FTE

 8  Estimating Conference shall be funded at a weight of 1.0 and

 9  added to the funded weighted FTE computed in subparagraph 3.

10         (e)  Funding model for exceptional student education

11  programs.--

12         1.a.  The funding model uses basic, at-risk, support

13  levels IV and V for exceptional students and career and

14  technical Florida Education Finance Program cost factors, and

15  a guaranteed allocation for exceptional student education

16  programs. Exceptional education cost factors are determined by

17  using a matrix of services to document the services that each

18  exceptional student will receive. The nature and intensity of

19  the services indicated on the matrix shall be consistent with

20  the services described in each exceptional student's

21  individual educational plan.

22         b.  In order to generate funds using one of the two

23  weighted cost factors, a matrix of services must be completed

24  at the time of the student's initial placement into an

25  exceptional student education program and at least once every

26  3 years by personnel who have received approved training.

27  Nothing listed in the matrix shall be construed as limiting

28  the services a school district must provide in order to ensure

29  that exceptional students are provided a free, appropriate

30  public education.

31  

                                 150

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         c.  Students identified as exceptional, in accordance

 2  with chapter 6A-6, Florida Administrative Code, who do not

 3  have a matrix of services as specified in sub-subparagraph b.

 4  shall generate funds on the basis of full-time-equivalent

 5  student membership in the Florida Education Finance Program at

 6  the same funding level per student as provided for basic

 7  students. Additional funds for these exceptional students will

 8  be provided through the guaranteed allocation designated in

 9  subparagraph 2.

10         2.  For students identified as exceptional who do not

11  have a matrix of services, there is created a guaranteed

12  allocation to provide these students with a free appropriate

13  public education, in accordance with s. 1001.42(4)(m) and

14  rules of the State Board of Education, which shall be

15  allocated annually to each school district in the amount

16  provided in the General Appropriations Act. These funds shall

17  be in addition to the funds appropriated on the basis of FTE

18  student membership in the Florida Education Finance Program,

19  and the amount allocated for each school district shall not be

20  recalculated during the year. These funds shall be used to

21  provide special education and related services for exceptional

22  students.

23         Section 130.  Paragraph (d) of subsection (1) of

24  section 1011.68, Florida Statutes, is amended to read:

25         1011.68  Funds for student transportation.--The annual

26  allocation to each district for transportation to public

27  school programs, including charter schools as provided in s.

28  1002.33(17)(b), of students in membership in kindergarten

29  through grade 12 and in migrant and exceptional student

30  programs below kindergarten shall be determined as follows:

31  

                                 151

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         (1)  Subject to the rules of the State Board of

 2  Education, each district shall determine the membership of

 3  students who are transported:

 4         (d)  By reason of being career and technical, dual

 5  enrollment, or students with disabilities transported from one

 6  school center to another to participate in an instructional

 7  program or service; or students with disabilities, transported

 8  from one designation to another in the state, provided one

 9  designation is a school center and provided the student's

10  individual educational plan (IEP) identifies the need for the

11  instructional program or service and transportation to be

12  provided by the school district. A "school center" is defined

13  as a public school center, community college, state

14  university, or other facility rented, leased, or owned and

15  operated by the school district or another public agency. A

16  "dual enrollment student" is defined as a public school

17  student in membership in both a public secondary school

18  program and a community college or a state university program

19  under a written agreement to partially fulfill ss. 1003.435

20  and 1007.23 and earning full-time equivalent membership under

21  s. 1011.62(1)(i).

22         Section 131.  Paragraph (a) of subsection (2),

23  subsection (3), and paragraph (b) of subsection (6) of section

24  1012.01, Florida Statutes, are amended to read:

25         1012.01  Definitions.--Specific definitions shall be as

26  follows, and wherever such defined words or terms are used in

27  the Florida K-20 Education Code, they shall be used as

28  follows:

29         (2)  INSTRUCTIONAL PERSONNEL.--"Instructional

30  personnel" means any staff member whose function includes the

31  provision of direct instructional services to students.

                                 152

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  Instructional personnel also includes personnel whose

 2  functions provide direct support in the learning process of

 3  students. Included in the classification of instructional

 4  personnel are:

 5         (a)  Classroom teachers.--Classroom teachers are staff

 6  members assigned the professional activity of instructing

 7  students in courses in classroom situations, including basic

 8  instruction, exceptional student education, career and

 9  technical education, and adult education, including substitute

10  teachers.

11         (3)  ADMINISTRATIVE PERSONNEL.--"Administrative

12  personnel" includes personnel who perform management

13  activities such as developing broad policies for the school

14  district and executing those policies through the direction of

15  personnel at all levels within the district. Administrative

16  personnel are generally high-level, responsible personnel who

17  have been assigned the responsibilities of systemwide or

18  schoolwide functions, such as district school superintendents,

19  assistant superintendents, deputy superintendents, school

20  principals, assistant principals, career technical center

21  directors, and others who perform management activities. Broad

22  classifications of administrative personnel are as follows:

23         (a)  District-based instructional

24  administrators.--Included in this classification are persons

25  with district-level administrative or policymaking duties who

26  have broad authority for management policies and general

27  school district operations related to the instructional

28  program. Such personnel often report directly to the district

29  school superintendent and supervise other administrative

30  employees. This classification includes assistant, associate,

31  or deputy superintendents and directors of major instructional

                                 153

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  areas, such as curriculum, federal programs such as Title I,

 2  specialized instructional program areas such as exceptional

 3  student education, career and technical education, and similar

 4  areas.

 5         (b)  District-based noninstructional

 6  administrators.--Included in this classification are persons

 7  with district-level administrative or policymaking duties who

 8  have broad authority for management policies and general

 9  school district operations related to the noninstructional

10  program. Such personnel often report directly to the district

11  school superintendent and supervise other administrative

12  employees. This classification includes assistant, associate,

13  or deputy superintendents and directors of major

14  noninstructional areas, such as personnel, construction,

15  facilities, transportation, data processing, and finance.

16         (c)  School administrators.--Included in this

17  classification are:

18         1.  School principals or school directors who are staff

19  members performing the assigned activities as the

20  administrative head of a school and to whom have been

21  delegated responsibility for the coordination and

22  administrative direction of the instructional and

23  noninstructional activities of the school. This classification

24  also includes career technical center directors.

25         2.  Assistant principals who are staff members

26  assisting the administrative head of the school. This

27  classification also includes assistant principals for

28  curriculum and administration.

29         (6)  EDUCATIONAL SUPPORT EMPLOYEES.--"Educational

30  support employees" means employees whose job functions are

31  

                                 154

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  neither administrative nor instructional, yet whose work

 2  supports the educational process.

 3         (b)  Technicians are individuals whose occupations

 4  require a combination of knowledge and manual skill which can

 5  be obtained through about 2 years of post-high school

 6  education, such as is offered in many career centers technical

 7  institutes and community colleges, or through equivalent

 8  on-the-job training.

 9         Section 132.  Paragraph (c) of subsection (1) of

10  section 1012.39, Florida Statutes, is amended to read:

11         1012.39  Employment of substitute teachers, teachers of

12  adult education, nondegreed teachers of career education, and

13  career specialists; students performing clinical field

14  experience.--

15         (1)  Notwithstanding ss. 1012.32, 1012.55, 1012.56, and

16  1012.57, or any other provision of law or rule to the

17  contrary, each district school board shall establish the

18  minimal qualifications for:

19         (c)  Part-time and full-time nondegreed teachers of

20  career and technical programs. Qualifications shall be

21  established for agriculture, business, health occupations,

22  family and consumer sciences, industrial, marketing, career

23  specialist, and public service education teachers, based

24  primarily on successful occupational experience rather than

25  academic training. The qualifications for such teachers shall

26  require:

27         1.  The filing of a complete set of fingerprints in the

28  same manner as required by s. 1012.32. Faculty employed solely

29  to conduct postsecondary instruction may be exempted from this

30  requirement.

31  

                                 155

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         2.  Documentation of education and successful

 2  occupational experience including documentation of:

 3         a.  A high school diploma or the equivalent.

 4         b.  Completion of 6 years of full-time successful

 5  occupational experience or the equivalent of part-time

 6  experience in the teaching specialization area. Alternate

 7  means of determining successful occupational experience may be

 8  established by the district school board.

 9         c.  Completion of career education training conducted

10  through the local school district inservice master plan.

11         d.  For full-time teachers, completion of professional

12  education training in teaching methods, course construction,

13  lesson planning and evaluation, and teaching special needs

14  students. This training may be completed through coursework

15  from an accredited or approved institution or an approved

16  district teacher education program.

17         e.  Demonstration of successful teaching performance.

18         Section 133.  Section 1012.41, Florida Statutes, is

19  amended to read:

20         1012.41  Employment of directors of career and

21  technical education.--In order to receive state funding, each

22  district school board that employs at least 15 full-time

23  equivalent career and technical teachers must employ a

24  director of career and technical education who meets the

25  certification requirements established by the State Board of

26  Education. The directors shall be directly accountable to the

27  district school superintendent, or his or her designee, for

28  the planning and implementation of career and technical

29  programs. Two or more district school boards may employ a

30  single director.

31  

                                 156

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         Section 134.  Section 1012.43, Florida Statutes, is

 2  amended to read:

 3         1012.43  Career and technical teachers.--

 4         (1)  Career and technical teachers and other teachers

 5  who qualify for certificates on the basis of nonacademic

 6  preparation shall be entitled to all the contractual rights

 7  and privileges now granted to other instructional personnel

 8  holding equivalent certificates.

 9         (2)  A holder of a certificate based on nonacademic

10  preparation which entitled him or her to employment to teach

11  classes in career and technical or adult education shall not

12  be assigned to teach in a regular academic field of the

13  kindergarten through grade 12 school program.

14         Section 135.  Paragraph (a) of subsection (10) of

15  section 1013.03, Florida Statutes, is amended to read:

16         1013.03  Functions of the department.--The functions of

17  the Department of Education as it pertains to educational

18  facilities shall include, but not be limited to, the

19  following:

20         (10)(a)  Review and validate surveys proposed or

21  amended by the boards and recommend to the Commissioner of

22  Education, for approval, surveys that meet the requirements of

23  this chapter.

24         1.  The term "validate" as applied to surveys by school

25  districts means to review inventory data as submitted to the

26  department by district school boards; provide for review and

27  inspection, where required, of student stations and aggregate

28  square feet of inventory changed from satisfactory to

29  unsatisfactory or changed from unsatisfactory to satisfactory;

30  compare new school inventory to allocation limits provided by

31  this chapter; review cost projections for conformity with cost

                                 157

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  limits set by s. 1013.64(6); compare total capital outlay

 2  full-time equivalent enrollment projections in the survey with

 3  the department's projections; review facilities lists to

 4  verify that student station and auxiliary facility space

 5  allocations do not exceed the limits provided by this chapter

 6  and related rules; review and confirm the application of

 7  uniform facility utilization factors, where provided by this

 8  chapter or related rules; utilize the documentation of

 9  programs offered per site, as submitted by the board, to

10  analyze facility needs; confirm that need projections for

11  career and technical and adult educational programs comply

12  with needs documented by the Office of Workforce and Economic

13  Development; and confirm the assignment of full-time student

14  stations to all space except auxiliary facilities, which, for

15  purposes of exemption from student station assignment, include

16  the following:

17         a.  Cafeterias.

18         b.  Multipurpose dining areas.

19         c.  Media centers.

20         d.  Auditoriums.

21         e.  Administration.

22         f.  Elementary, middle, and high school resource rooms,

23  up to the number of such rooms recommended for the applicable

24  occupant and space design capacity of the educational plant in

25  the State Requirements for Educational Facilities, beyond

26  which student stations must be assigned.

27         g.  Elementary school skills labs, up to the number of

28  such rooms recommended for the applicable occupant and space

29  design capacity of the educational plant in the State

30  Requirements for Educational Facilities, beyond which student

31  stations must be assigned.

                                 158

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         h.  Elementary school art and music rooms.

 2         2.  The term "validate" as applied to surveys by

 3  community colleges and universities means to review and

 4  document the approval of each new site and official

 5  designation, where applicable; review the inventory database

 6  as submitted by each board to the department, including

 7  noncareer and technical, and total capital outlay full-time

 8  equivalent enrollment projections per site and per college;

 9  provide for the review and inspection, where required, of

10  student stations and aggregate square feet of space changed

11  from satisfactory to unsatisfactory; utilize and review the

12  documentation of programs offered per site submitted by the

13  boards as accurate for analysis of space requirements and

14  needs; confirm that needs projected for career and technical

15  and adult educational programs comply with needs documented by

16  the Office of Workforce and Economic Development; compare new

17  facility inventory to allocations limits as provided in this

18  chapter; review cost projections for conformity with state

19  averages or limits designated by this chapter; compare student

20  enrollment projections in the survey to the department's

21  projections; review facilities lists to verify that area

22  allocations and space factors for generating space needs do

23  not exceed the limits as provided by this chapter and related

24  rules; confirm the application of facility utilization factors

25  as provided by this chapter and related rules; and review, as

26  submitted, documentation of how survey recommendations will

27  implement the detail of current campus master plans and

28  integrate with local comprehensive plans and development

29  regulations.

30         Section 136.  Paragraph (b) of subsection (1) of

31  section 1013.31, Florida Statutes, is amended to read:

                                 159

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         1013.31  Educational plant survey; localized need

 2  assessment; PECO project funding.--

 3         (1)  At least every 5 years, each board shall arrange

 4  for an educational plant survey, to aid in formulating plans

 5  for housing the educational program and student population,

 6  faculty, administrators, staff, and auxiliary and ancillary

 7  services of the district or campus, including consideration of

 8  the local comprehensive plan. The Office of Workforce and

 9  Economic Development shall document the need for additional

10  career and adult education programs and the continuation of

11  existing programs before facility construction or renovation

12  related to career or adult education may be included in the

13  educational plant survey of a school district or community

14  college that delivers career or adult education programs.

15  Information used by the Office of Workforce and Economic

16  Development to establish facility needs must include, but need

17  not be limited to, labor market data, needs analysis, and

18  information submitted by the school district or community

19  college.

20         (b)  Required need assessment criteria for district,

21  community college, college and state university plant

22  surveys.--Educational plant surveys must use uniform data

23  sources and criteria specified in this paragraph. Each revised

24  educational plant survey and each new educational plant survey

25  supersedes previous surveys.

26         1.  The school district's survey must be submitted as a

27  part of the district educational facilities plan defined in s.

28  1013.35. To ensure that the data reported to the Department of

29  Education as required by this section is correct, the

30  department shall annually conduct an onsite review of 5

31  percent of the facilities reported for each school district

                                 160

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  completing a new survey that year. If the department's review

 2  finds the data reported by a district is less than 95 percent

 3  accurate, within 1 year from the time of notification by the

 4  department the district must submit revised reports correcting

 5  its data. If a district fails to correct its reports, the

 6  commissioner may direct that future fixed capital outlay funds

 7  be withheld until such time as the district has corrected its

 8  reports so that they are not less than 95 percent accurate.

 9         2.  Each survey of a special facility, joint-use

10  facility, or cooperative career and technical education

11  facility must be based on capital outlay full-time equivalent

12  student enrollment data prepared by the department for school

13  districts, community colleges, colleges, and universities. A

14  survey of space needs of a joint-use facility shall be based

15  upon the respective space needs of the school districts,

16  community colleges, colleges, and universities, as

17  appropriate. Projections of a school district's facility space

18  needs may not exceed the norm space and occupant design

19  criteria established by the State Requirements for Educational

20  Facilities.

21         3.  Each community college's survey must reflect the

22  capacity of existing facilities as specified in the inventory

23  maintained by the Department of Education.  Projections of

24  facility space needs must comply with standards for

25  determining space needs as specified by rule of the State

26  Board of Education. The 5-year projection of capital outlay

27  student enrollment must be consistent with the annual report

28  of capital outlay full-time student enrollment prepared by the

29  Department of Education.

30         4.  Each college and state university's survey must

31  reflect the capacity of existing facilities as specified in

                                 161

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  the inventory maintained and validated by the Division of

 2  Colleges and Universities. Projections of facility space needs

 3  must be consistent with standards for determining space needs

 4  approved by the Division of Colleges and Universities. The

 5  projected capital outlay full-time equivalent student

 6  enrollment must be consistent with the 5-year planned

 7  enrollment cycle for the State University System approved by

 8  the Division of Colleges and Universities.

 9         5.  The district educational facilities plan of a

10  school district and the educational plant survey of a

11  community college, or college or state university may include

12  space needs that deviate from approved standards for

13  determining space needs if the deviation is justified by the

14  district or institution and approved by the department, as

15  necessary for the delivery of an approved educational program.

16         Section 137.  Paragraph (a) of subsection (3) of

17  section 1013.64, Florida Statutes, is amended to read:

18         1013.64  Funds for comprehensive educational plant

19  needs; construction cost maximums for school district capital

20  projects.--Allocations from the Public Education Capital

21  Outlay and Debt Service Trust Fund to the various boards for

22  capital outlay projects shall be determined as follows:

23         (3)(a)  Each district school board shall receive an

24  amount from the Public Education Capital Outlay and Debt

25  Service Trust Fund to be calculated by computing the capital

26  outlay full-time equivalent membership as determined by the

27  department. Such membership must include, but is not limited

28  to:

29         1.  K-12 students, except hospital and homebound

30  part-time students; and

31  

                                 162

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         2.  Students who are career and technical education

 2  students, and adult disabled students and who are enrolled in

 3  school district career technical centers. The capital outlay

 4  full-time equivalent membership shall be determined for

 5  kindergarten through the 12th grade and for career technical

 6  centers by averaging the unweighted full-time equivalent

 7  student membership for the second and third surveys and

 8  comparing the results on a school-by-school basis with the

 9  Florida Inventory for School Houses. The capital outlay

10  full-time equivalent membership by grade level organization

11  shall be used in making the following calculations: The

12  capital outlay full-time equivalent membership by grade level

13  organization for the 4th prior year must be used to compute

14  the base-year allocation. The capital outlay full-time

15  equivalent membership by grade-level organization for the

16  prior year must be used to compute the growth over the highest

17  of the 3 years preceding the prior year. From the total amount

18  appropriated by the Legislature pursuant to this subsection,

19  40 percent shall be allocated among the base capital outlay

20  full-time equivalent membership and 60 percent among the

21  growth capital outlay full-time equivalent membership. The

22  allocation within each of these groups shall be prorated to

23  the districts based upon each district's percentage of base

24  and growth capital outlay full-time membership.  The most

25  recent 4-year capital outlay full-time equivalent membership

26  data shall be used in each subsequent year's calculation for

27  the allocation of funds pursuant to this subsection. If a

28  change, correction, or recomputation of data during any year

29  results in a reduction or increase of the calculated amount

30  previously allocated to a district, the allocation to that

31  district shall be adjusted correspondingly. If such

                                 163

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1  recomputation results in an increase or decrease of the

 2  calculated amount, such additional or reduced amounts shall be

 3  added to or reduced from the district's future

 4  appropriations.  However, no change, correction, or

 5  recomputation of data shall be made subsequent to 2 years

 6  following the initial annual allocation.

 7         Section 138.  Subsections (1) and (2), and paragraphs

 8  (a) and (c) of subsection (4) of section 1013.75, Florida

 9  Statutes, are amended to read:

10         1013.75  Cooperative funding of career center and

11  technical educational facilities.--

12         (1)  Each district school board operating a designated

13  career technical center may submit, prior to August 1 of each

14  year, a request to the commissioner for funds from the Public

15  Education Capital Outlay and Debt Service Trust Fund to plan,

16  construct, and equip a career center and technical educational

17  facility identified as being critical to the economic

18  development and the workforce needs of the school district.

19  Prior to submitting a request, each school district shall:

20         (a)  Adopt and submit to the commissioner a resolution

21  indicating its commitment to fund the planning, construction,

22  and equipping of the proposed facility at 40 percent of the

23  requested project amount. The resolution shall also designate

24  the locale of the proposed facility. If funds from a private

25  or noneducational public entity are to be committed to the

26  project, then a joint resolution shall be required.

27         (b)  Except as provided in paragraph (5)(b), levy the

28  maximum millage against the nonexempt assessed property value

29  as provided in s. 1011.71(2).

30         (c)  Certify to the Office of Workforce and Economic

31  Development that the project has been survey recommended.

                                 164

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1         (d)  Certify to the Office of Workforce and Economic

 2  Development that final phase III construction documents comply

 3  with applicable building codes and life safety codes.

 4         (e)  Sign an agreement that the district school board

 5  shall advertise for bids within 90 days of receiving an

 6  encumbrance authorization from the department.

 7         (f)  If a construction contract has not been signed 90

 8  days after the advertising of bids, certify to the Office of

 9  Workforce and Economic Development and the department the

10  cause for delay. Upon request, an additional 90 days may be

11  granted by the commissioner.

12         (2)  The Office of Workforce and Economic Development

13  shall establish the need for additional career and technical

14  education programs and the continuation of existing programs

15  before facility construction or renovation related to career

16  and technical education can be included in the educational

17  plant survey. Information used by the Office of Workforce and

18  Economic Development to establish facility needs shall

19  include, but not be limited to, labor market needs analysis

20  and information submitted by the school districts.

21         (4)(a)  A career and technical education construction

22  committee shall be composed of the following: three

23  representatives from the Department of Education and one

24  representative from the Executive Office of the Governor.

25         (c)  The commissioner's legislative capital outlay

26  budget request may include up to 2 percent of the new

27  construction allocation to public schools for career and

28  technical capital outlay projects recommended by the career

29  and technical education construction committee.

30         Section 139.  This act shall take effect July 1, 2004.

31  

                                 165

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






    Florida Senate - 2004                           CS for SB 1452
    304-2663-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1452

 3                                 

 4  Charter Technical Career Centers-establishes uniform procedure
    for FTE calculation to minimize inconsistencies created by
 5  varying class time requirements of high schools and community
    colleges.
 6  
    Career Education Certification on Diploma-establishes
 7  requirements for a student to receive a career education
    certification on his or her high school diploma.
 8  
    Industry-Certified Career Education Programs-provides for
 9  career education programs to be coordinated with industry.
    Requires the Department of Education to conduct two studies on
10  industry-certified career education programs to determine: 1)
    the effect on student performance and, 2) whether there is a
11  need for cost factors for such programs and whether there is a
    need for start-up funding.
12  
    Guidance Services-requires an annual district guidance report.
13  
    Workforce Development Funding-removes language requiring the
14  use of the Workforce Development Education Fund from statute
    to conform with the budget transfer of the remaining adult and
15  career education portion of the workforce budget to the school
    district budget.  The committee substitute requires the
16  Department of Education to develop comparable processes for
    funding and reporting data from workforce education programs
17  conducted by school districts and community colleges.

18  Apprenticeships-requires a joint study by the Agency for
    Workforce Innovation (AWI) and the Council for Education
19  Policy Research and Improvement (CEPRI) on the need for new
    and expanded apprenticeship programs.
20  
    Comprehensive Study on Workforce Education-requires a study
21  group to be appointed by the Commissioner of Education to make
    recommendations on: funding and allocation models,
22  improvements to articulation, implementation of innovative
    programs for high school and postsecondary workforce
23  education, and improvements to guidance counseling. The
    funding recommendations must address a funding model that
24  encompasses enrollment and performance, student fees, and the
    cost of program start-up.
25  
    The committee substitute does not contain a specific weight
26  assignment for workforce education programs nor does it
    require a study by OPPAGA.
27  
    Nomenclature Changes-changes terms "vocational" and
28  "technical" to "career" to more accurately describe the
    professional preparation of these programs.
29  

30  

31  

                                 166

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

Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader