BUDGET UPDATE
The Conference Report on the 2014-2015 state budget was delivered to legislators last night at about 8:30 pm. The budget totals more than $77 billion and provides more than $18.88 billion in total FEFP funding (an increase of 3.14% over the current year). This will provide total FEFP funding per student of $6,937.23 (an increase of 2.61%) and a Base Student Allocation of $4,031.77 (an increase of 7.71%). While we should appreciate these increases in funding over the current year, it is important to note that ALL of these increases are BELOW the amounts that were contained in the initial House and Senate education budget proposals. Normally, the budget conferencing process works out the DIFFERENCES between the two initial proposals – i.e. the higher initial budget is reduced and the lower initial budget is increased — but in this case, BOTH initial budgets have been reduced. This is highly unusual, particularly in a year in which the state has a revenue surplus AND entered conference with a higher allocation to work with than when the original budget proposals were developed.
We are working on a budget side-by-side comparison and an annotated version of the education budget portions of the state budget and will make them available as soon as possible. In the meantime, we have posted the full FEFP Funding Summary – which provides district-by-district funding figures – on the FSBA website in our 2014 Legislative Session Resource Center at https://fsba.org/services/
TODAY’S HAPPENINGS
In the Senate Session:
Bills on 2nd Reading
SB 790 – Education Technology by Legg – TEMPORARILY POSTPONED; RETAINED ON CALENDAR
Providing the purpose for the Florida digital classrooms allocation; requiring the State Board of Education to adopt a Florida digital classrooms plan that establishes certain protocols, parameters, requirements, and digital tools; repealing provisions relating to a pilot program for the transition to electronic and digital instructional materials; establishing the Florida Center for Library Automation, etc.
SB 1702 – Early Learning by Education – READ 2ND TIME; AMENDED; SUBSTITUTED FOR HB 7069; SB 1702 LAID ON THE TABLE
HB 7069 – Early Learning by Education – SUBSTITUTED FOR SB 1702; READ 2ND TIME; AMENDED; PLACED ON 3RD READING
Providing a directive to the Division of Law Revision and Information; including large family child care homes in local zoning regulation requirements; providing requirements for nonpublic schools delivering certain voluntary prekindergarten education programs and school readiness programs; revising provisions for licensure, registration, and operation of family day care homes; requiring a child care facility operating as a provider of certain voluntary prekindergarten education programs or child care programs to comply with minimum standards, etc.
SB 66 – Discretionary Sales Surtaxes by Flores – READ 2ND TIME; AMENDED; PLACED ON 3RD READING
Authorizing a county as defined in s. 125.011(1), F.S., to levy a surtax up to a specified amount for the benefit of a Florida College System institution and a state university in the county pursuant to an ordinance conditioned to take effect upon approval in a county referendum; establishing an oversight board with specified duties, responsibilities, and requirements relating to the expenditure of surtax proceeds; requiring that the board of trustees of each institution receiving surtax proceeds prepare an annual plan for submission to the oversight board for approval; providing that state funding may not be reduced because an institution receives surtax funds, etc.
SB 1114 – Florida Retirement System by Community Affairs – READ 2ND TIME; AMENDED; SUBSTITUTED FOR HB 7181; HB 1114 RETAINED ON THE CALENDAR
HB 7181 – Florida Retirement System by State Affairs – PLACED ON CALENDAR ON 2ND READING
Revising the definition of “vested” or “vesting” to provide that a member initially enrolled in the Florida Retirement System after a certain date is vested in the pension plan after completing 10 years of creditable service; providing for compulsory membership in the Florida Retirement System Investment Plan for certain members of the Elected Officers’ Class initially enrolled after a certain date; authorizing renewed membership in the retirement system for retirees who are reemployed in a position eligible for the Elected Officers’ Class under certain circumstances, etc. [NOTE: In a procedural move, legislators prevented the House bill to be considered as a substitute for SB 1114, making it highly unlikely that the bill will receive any further consideration this year.]
HB 851 – Resident Status for Tuition Purposes by Nuñez – READ 2ND TIME; AMENDED; PLACED ON 3RD READING
Amending provisions relating to the determination of resident status for tuition purposes; revising certain residency requirements for a dependent child; prohibiting denial of classification as a resident for tuition purposes based on certain immigration status; classifying persons who receive certain tuition exemptions or waivers as residents for tuition purposes; revising provisions relating to the tuition waiver for a recipient of a Purple Heart or another combat decoration superior in precedence, etc.
SB 1394 – Education / Merit Designation by Legg – TEMPORARILY POSTPONED ON 2ND READING
Adding a superintendent of schools to the membership of the Children and Youth Cabinet; revising the requirements to earn a Merit designation on a standard high school diploma, etc.
SB 1512 – Education / Scholarship Programs by Stargel – TEMPORARILY POSTPONED ON 2ND READING
Authorizing the Auditor General to conduct audits of the accounts and records of nonprofit scholarship-funding organizations; establishing the Florida Personal Learning Scholarship Accounts; revising eligibility requirements for the Florida Tax Credit Scholarship Program; providing standard high school diploma requirements for certain students with disabilities; prohibiting a school district from imposing additional requirements on private instructional personnel or charging fees, etc. [NOTE: This bill expands student eligibility and funding for the existing Tax Credit Scholarship Program and creates a new voucher program to provide funding through Personal Learning Accounts to purchase certain services for students with disabilities. FSBA is opposed to this bill: The Tax Credit voucher program has already caused the state to forego more than $1.4 billion in tax revenue, lacks sufficient operational and academic accountability, and has failed to provide evidence of student learning gains. The proposed new voucher program is poorly defined in terms of student eligibility and administrative control and it is the proverbial “nose under the tent” that opens the door to a universal voucher program.]
SB 598 – Juvenile Justice Education Programs by Bean – NOT CONSIDERED; RETAINED ON CALENDAR
Revising requirements for the multiagency education plan for students in juvenile justice education programs, including virtual education as an option; authorizing instructional personnel at all juvenile justice facilities to access specific student records at the district; providing expectations for effective education programs for students in Department of Juvenile Justice programs; requiring the Department of Education to ensure that juvenile justice students who are eligible have access to high school equivalency testing and assist juvenile justice education programs with becoming high school equivalency testing centers, etc.
Bills on 3rd Reading
HB 337 – Teachers Classroom Supply Program by Fresen – READ 3RD TIME; PASSED THE SENATE; PASSED THE LEGISLATURE
Revising procedures for distributing program funds to classroom teachers, etc.
HB 485 – Sexual Misconduct with Students by Raburn – READ 3RD TIME; PASSED THE SENATE; PASSED THE LEGISLATURE
Citing this act as the “Sexual Misconduct with Students by Authority Figures Act”; providing for reclassification of specified sexual offenses committed against a student by an authority figure; providing for severity ranking of offenses; providing for application of the severity ranking chart of the Criminal Punishment Code, etc.
HB 271 – Workers’ Compensation by Cummings – READ 3RD TIME; PASSED THE SENATE; PASSED THE LEGISLATURE
Revising powers of the Department of Financial Services relating to compliance with and enforcement of workers’ compensation coverage requirements; revising requirements for the release of stop-work orders; revising rate formulas related to the determination of compensation for disability and death; revising provisions relating to the assessment rate of the Special Disability Trust Fund, etc.
In the House Session:
Bills on 3rd Reading
SB 1642 – Education Accountability by Education – READ 3RD TIME; PASSED THE HOUSE; PASSED THE LEGISLATURE
Providing definitions for the statewide, standardized assessment program and school grading system; requiring the Department of Education to develop a district report card; revising criteria that necessitate a school’s improvement plan to include certain strategies; revising legislative intent for the K-20 education performance accountability system, etc. [NOTE: This bill is the state’s effort to bridge the transition to new state standards and assessments. While the bill contains several provisions that FSBA supports, we are concerned that it does not go far enough to ensure a smooth transition that will be fair and equitable for students, parents, teachers, schools, and school districts.]
SB 286 – Concrete Masonry Education by Richter – READ 3RD TIME; PASSED THE HOUSE; PASSED THE LEGISLATURE
Creating the “Concrete Masonry Education Act”; creating the Florida Concrete Masonry Education Council, Inc.; requiring the council to operate under a written contract with the Department of Economic Opportunity; authorizing the council to accept grants, donations, contributions, and gifts under certain circumstances; providing for collection of a voluntary assessment on concrete masonry units; requiring manufacturers who elect to pay the assessment to commit to paying the assessment for a specified period, etc.
SB 850 – Education by Legg – READ 3RD TIME; PASSED THE HOUSE
Revises provisions relating to middle grades education, schools, & educators; revises & adds provisions relating to digital materials & skills; revises requirements for high school diploma designations; authorizes additions to Industry Certification Funding List; specifies requirements relating to additional FTE funding based issuance of industry certifications & certificates. The bill was amended on Tuesday to include the provisions of HB 277 – Joint Use of Public School Facilities, HB 173 – Juvenile Justice Education Programs, HB 87 – Fine Arts Courses, and a provision that would allow an online driver’s education course to satisfy the requirement for a student to take at least one online course for graduation. [NOTE: Because the original Senate bill was amended in the House on Tuesday, it must be returned to the Senate for consideration of the revised bill.]
SB 1524 – Security of Personal Information by Thrasher – READ 3RD TIME; PASSED THE HOUSE; PASSED THE LEGISLATURE
Citing this act as the “Florida Information Protection Act of 2014”; repealing provisions relating to a breach of security concerning confidential personal information in third-party possession; requiring specified entities to take reasonable measures to protect and secure data containing personal information in electronic form; requiring notice to individuals of data security breaches in certain circumstances, etc.
SB 358 – Volunteers / Organized Youth Sports by Ring – READ 3RD TIME; PASSED THE HOUSE; PASSED THE LEGISLATURE
Revising the definition of the term “athletic coach”; expanding provisions relating to athletic coaches for independent sanctioning authorities to require such authorities to conduct specified background screening of certain coaches of youth athletic teams; providing that the duty may not be delegated; providing for disqualification; providing for exemption from disqualification; requiring that specified documentation be maintained for a specified period by such authorities, etc.
COMING UP TOMORROW
The Senate will be in Session – 9:00 am-6:00 pm; Florida Channel webcast – to consider the following items and others:
Bills on 2nd Reading
SB 950 – Educator Certification & Assignment by Stargel
Providing requirements for certain instructional personnel who supervise or direct preservice field experience courses or internships; authorizing a school district to assign to a school that has earned failing grades certain newly hired instructional personnel; revising acceptable means of demonstrating mastery of general knowledge, subject area knowledge, and professional preparation and education competence; authorizing a consortium of certain charter schools to develop a professional development system, etc.
SB 1512 – Education / Scholarship Programs by Stargel
Authorizing the Auditor General to conduct audits of the accounts and records of nonprofit scholarship-funding organizations; establishing the Florida Personal Learning Scholarship Accounts; revising eligibility requirements for the Florida Tax Credit Scholarship Program; providing standard high school diploma requirements for certain students with disabilities; prohibiting a school district from imposing additional requirements on private instructional personnel or charging fees, etc. [NOTE: This bill expands student eligibility and funding for the existing Tax Credit Scholarship Program and creates a new voucher program to provide funding through Personal Learning Accounts to purchase certain services for students with disabilities. FSBA is opposed to this bill: The Tax Credit voucher program has already caused the state to forego more than $1.4 billion in tax revenue, lacks sufficient operational and academic accountability, and has failed to provide evidence of student learning gains. The proposed new voucher program is poorly defined in terms of student eligibility and administrative control and it is the proverbial “nose under the tent” that opens the door to a universal voucher program.]
HB 5061 – Economic Development by Finance & Tax
Revises provisions related to prepaid calling arrangements; imposes additional rate on gross receipts for electrical power or energy; reduces sales tax rate for charges for electrical power or energy; extends expiration date applicable to granting of community contribution tax credits; revises & provides exemptions from sales & use tax; requires DOR to distribute funds to State Transportation Trust Fund for certain transportation projects; increases amount of income exempt from corporate income tax; increases amount of income exempt from franchise tax imposed on banks & savings associations; provides for creation of Qualified Television Loan Fund; revises limits on tax credits that may be approved under New Markets Development Program; provides for Energy Star & WaterSense product sales tax holiday, physical fitness admissions tax suspension, school sales tax holiday, & hurricane preparedness sales tax holiday; provides appropriations.
SB 598 – Juvenile Justice Education Programs by Bean
Revising requirements for the multiagency education plan for students in juvenile justice education programs, including virtual education as an option; authorizing instructional personnel at all juvenile justice facilities to access specific student records at the district; providing expectations for effective education programs for students in Department of Juvenile Justice programs; requiring the Department of Education to ensure that juvenile justice students who are eligible have access to high school equivalency testing and assist juvenile justice education programs with becoming high school equivalency testing centers, etc.
SB 790 – Education Technology by Legg
Providing the purpose for the Florida digital classrooms allocation; requiring the State Board of Education to adopt a Florida digital classrooms plan that establishes certain protocols, parameters, requirements, and digital tools; repealing provisions relating to a pilot program for the transition to electronic and digital instructional materials; establishing the Florida Center for Library Automation, etc.
SB 1394 – Education / Merit Designation by Legg
Adding a superintendent of schools to the membership of the Children and Youth Cabinet; revising the requirements to earn a Merit designation on a standard high school diploma, etc.
Bills on 3rd Reading
HB 7069 – Early Learning by Education
Providing a directive to the Division of Law Revision and Information; including large family child care homes in local zoning regulation requirements; providing requirements for nonpublic schools delivering certain voluntary prekindergarten education programs and school readiness programs; revising provisions for licensure, registration, and operation of family day care homes; requiring a child care facility operating as a provider of certain voluntary prekindergarten education programs or child care programs to comply with minimum standards, etc.
SB 66 – Discretionary Sales Surtaxes by Flores
Authorizing a county as defined in s. 125.011(1), F.S., to levy a surtax up to a specified amount for the benefit of a Florida College System institution and a state university in the county pursuant to an ordinance conditioned to take effect upon approval in a county referendum; establishing an oversight board with specified duties, responsibilities, and requirements relating to the expenditure of surtax proceeds; requiring that the board of trustees of each institution receiving surtax proceeds prepare an annual plan for submission to the oversight board for approval; providing that state funding may not be reduced because an institution receives surtax funds, etc.
SB 1114 – Florida Retirement System by Community Affairs
Revising the definition of “vested” or “vesting” to provide that a member initially enrolled in the Florida Retirement System after a certain date is vested in the pension plan after completing 10 years of creditable service; providing for compulsory membership in the Florida Retirement System Investment Plan for certain members of the Elected Officers’ Class initially enrolled after a certain date; authorizing renewed membership in the retirement system for retirees who are reemployed in a position eligible for the Elected Officers’ Class under certain circumstances, etc. [NOTE: In a procedural move, legislators prevented the House bill to be considered as a substitute for SB 1114, making it highly unlikely that the bill will receive any further consideration this year.]
HB 851 – Resident Status for Tuition Purposes by Nunez
Amending provisions relating to the determination of resident status for tuition purposes; revising certain residency requirements for a dependent child; prohibiting denial of classification as a resident for tuition purposes based on certain immigration status; classifying persons who receive certain tuition exemptions or waivers as residents for tuition purposes; revising provisions relating to the tuition waiver for a recipient of a Purple Heart or another combat decoration superior in precedence, etc.
The House will be in Session – 10:30 am-N/A; Florida Channel webcast – but the agenda is not available.
IN THE NEWS
Tampa Tribune – 4/29/14
Schools getting break on penalties for bad grades
http://tbo.com/news/politics/
Tampa Bay Times – 4/29/14
With cash to spare, legislators clamor to get pet projects in the budget
http://www.tampabay.com/news/
