FSBA Session Spotlight — April 25, 2017

In an unprecedented move, the House Appropriations Committee passed their “continuation” budget and related bills this morning. This continuation budget is basically the same budget passed for the current year with funding added for “workload” (for education, this mainly means funding to support student enrollment growth) and most funding removed for member supported local projects. The House leadership indicated that passage of this budget was necessary as a contingency in case budget negotiations were to break down entirely.  However, at the close of the House floor session this evening, Speaker Corcoran announced that he and Senate President Negron were now very close on agreement on allocations and that Budget Conference Committees would be appointed to begin their work very soon — possibly as early as this evening (though no further announcements have been made as of this writing).

In addition to debate over multiple new and old budget bills, today legislators continued to construct “train” bills and copy and paste provisions from one bill into several other bills.  As we have mentioned, at this point in the Session, it becomes hard to keep track of which bills have which provisions. In addition, sometimes a favored bill can pick up an unattractive amendment or an disfavored bill can pick up an attractive amendment. All of these typical legislative actions can complicate your efforts to promote the programs, policies, and funding that will best serve your students and school districts.  To assist you with your advocacy efforts, the FSBA Advocacy Subcommittee has developed some “Quick Notes” on several topics.  Our Quick Notes focus on the key policy issues and discussion points on issues  that are included in bills of interest. Each of our Quick Notes also includes links to resources that provide more in-depth information.  We hope that our Quick Notes will make it easier for you to discuss these issues with your legislators and your community and this will help expand their understanding and encourage their support on legislation that is important to you and your school district. For a start, please see our FSBA Quick Note on PreK-12 Education Funding and our FSBA Quick Note on Assessment & Accountability.  We will release more Quick Notes in the coming days.  Please let us know if you find these helpful.

Please click on the links below to view our report on bill action today and the meetings and bills scheduled to be considered tomorrow.

[toggle title=”Today’s Happenings – April 25, 2017“]

In the House Appropriations Committee meeting:

PCB APC6 — General Appropriations Act – SUBMITTED AS A COMMITTEE BILL
Providing moneys for the annual period beginning July 1, 2017, and ending June 30, 2018, and supplemental appropriations for the period ending June 30, 2017.

PCB APC7 — Implementing the 2017-18 General Appropriations Act – SUBMITTED AS A COMMITTEE BILL
Implementing specific appropriations of the General Appropriations Act for the 2017-2018 fiscal year.

PCB APC8 — Florida Retirement System – SUBMITTED AS A COMMITTEE BILLS
Revising required employer retirement contribution rates for each membership class and subclass of the Florida Retirement System

[NOTE: Each of these Proposed Committee Bills (PCBs) are components of the revised House “continuation” budget package.]

In the Senate Appropriations Committee:

SB 360 – Middle School Study by Stargel – AMENDED; PASSED WITH A COMMITTEE SUBSTITUTE (CS)
The bill requires DOE to issue a competitive bid for a private vendor to conduct a comprehensive study of states with high-performing students in grades 6 through 8 in reading and mathematics, based on the states’ performance on the National Assessment of Educational Progress. The DOE must submit a report on the findings of the study and make recommendations to improve middle school student performance to the Governor, the State Board of Education, the President of the Senate, and the Speaker of the House of Representatives by December 2017.

• Specifically, the study must review, at a minimum:
• Academic expectations and instructional strategies.
• Attendance policies and student mobility issues.
• Teacher quality.
• Middle school administrator leadership and performance.
• Parental and community involvement.

[NOTE: The Committee took up a PCB that better aligns the bill with the House version and then adopted an further amendment that provided a $50,000 appropriation to DOE to implement the bill. This is the third of three committees of reference for this bill. The House companion bill – HB 293 – is comparable, has passed all committees of reference and has passed the House.]

SB 468  — Voluntary Prekindergarten Education by Stargel – NOT CONSIDERED
The bill revises provisions related to the Voluntary Prekindergarten Education (VPK) program and duties of the Just Read! Florida Office. Specifically, the bill:

• Requires the Just Read, Florida! to train Voluntary Prekindergarten through grade 3 teachers, reading coaches, and school principals on effective research-based instructional strategies.
• Requires the Office of Early Learning (OEL) to determine eligibility for enrollment and reenrollment in the school year VPK program.
• Requires each early learning coalition (ELC) to coordinate with the OEL to assign student identification numbers to each student who enrolls in the program.
• Clarifies that the Department of Education (DOE) must adopt a single statewide kindergarten readiness screening that is a direct assessment of early literacy and numeracy skills.
• Requires private prekindergarten providers and public schools in the VPK program to provide parents with the results of the pre- and post- assessment within 10 days after the administering the assessment.
• Requires the results of the pre- and post- assessments to be reported at the aggregate level, distributed to the respective ELCs and school districts, and displayed on the OEL’s website within 30 days after the administration of the assessment.
• Authorizes a child who is at risk of not attaining the performance standards specified in law to reenroll, at the request of the child’s parent, in one of the school-year programs offered by a provider that has met the adopted minimum readiness rate provided in law for the subsequent year.

[NOTE: The Committee is expected to take up a PCB and this short summary reflects the provisions of the PCB. This is the third of four committees of reference for this bill. The House companion bill – HB 757 – is similar and has passed one of three committees of reference.]

SB 880 – Government Accountability by Stargel – AMENDED; PASSED WITH A CS
The bill amends statutes to enhance government accountability and auditing, based on recommendations noted in recent reports by the Auditor General. Of interest to school boards, the bill:

• Specifies that the Governor or Commissioner of Education, or designee, may notify the Legislative Auditing Committee of an entity’s failure to comply with certain auditing and financial reporting requirements;
• Provides definitions for the terms “abuse,” “fraud,” and “waste;”
• Requires each agency, the judicial branch, the Justice Administrative Commission, state attorneys, public defenders, criminal conflict and civil regional counsel, capital collateral regional counsel, the Guardian Ad Litem program, local governmental entities, charter schools, school districts, Florida College System institutions, and state universities to establish and maintain internal controls;
• Limits the amount that may be reimbursed per day for state agency and judicial branch employee lodging expenses for travel under certain circumstances to $150;
• Establishes the “statewide travel management system” and requires agencies and the judicial branch to report certain travel information of public officers and employees in the statewide travel management system;
• Provides that the Department of Financial Services may request additional information from local government entities when preparing its annual verified report;
• Requires a local governmental entity, district school board, charter school, or charter technical career center, Florida College System board of trustees, or university board of trustees to respond to audit recommendations under certain circumstances;
• Requires an independent certified public accountant conducting an audit of a local governmental entity to determine, as part of the audit, whether the entity’s annual financial report is in agreement with the entity’s audited financial statements;
• Revises the composition of auditor selection committees;
• Requires an auditor to include certain information in a management letter;
• Requires that, when a governmental entity contracts with an auditor to conduct an audit, the chair of the governmental entity’s governing body must to submit an affidavit affirming that the auditor was selected in compliance with the requirements of the bill and providing other specified information;
• Requires the Legislative Auditing Committee to determine whether a governmental entity should be subject to state action for failure to submit such an affidavit or for failing to comply with related provisions;
• Requires completion of an annual financial audit of the Florida Virtual School; and
• Prohibits a board or commission from requiring a member of the public to provide an advance written copy of his or her testimony or comments as a precondition of being given the opportunity to be heard.

[NOTE: Today’s amendments established a statewide travel management system and information an auditor must include in the management letter. This short summary reflects these changes. This is the second of three committees of reference for this bill. The House companion bill – HB 479 – is similar, has passed all committees of reference, and has passed the House.]

SB 1710 – Education/Civic Literacy by Stargel – NOT CONSIDERED
The bill designates the month of September as “American Founders’ Month” and authorizes the Governor to issue a proclamation urging all civic, fraternal, and religious organizations and public and private educational institutions to recognize, observe, and celebrate the month. Specifically, the bill:

• Encourages all public schools to observe “American Founders’ Month” with appropriate instruction and activities.
• Establishes civic literacy as a priority of Florida’s K-20 education system.
• Requires the Just Read, Florida! Office to develop and provide access to sequenced, content-rich programming, instructional practices, and resources to increase students’ core knowledge and literacy skills including student attainment of state standards for social studies, science, and the arts.
• Requires students initially entering a Florida College System institution or state university in 2018-2019 and thereafter, to demonstrate civic literacy through successful completion of a course or by achieving a passing score on an assessment adopted in rule by the State Board of Education or in regulation by the Board of Governors, as applicable.

[NOTE: The Committee is expected to take up a PCB and this short summary reflects the provisions of the PCB. This is the third of four committees of reference for this bill. The House companion bill – HB 7057 – is similar, has passed all committees of reference, and has passed the House.]

SB 1552 — Best & Brightest Teacher & Principal Award / School Improvement by Simmons – AMENDED; PASSED WITH A CS
The bill establishes the Florida Best and Brightest Teacher and Principal Scholar Award Program (Award Program) to recognize the contributions of teachers and principals to student success and performance outcomes. The bill provides eligibility criteria for a full-time classroom teacher and a full-time school administrator and for a newly hired full-time classroom teacher and full-time school administrator to qualify for a one-time hiring bonus. Specifically, the bill:

• Requires that to qualify for the Award Program a teacher or an administrator must:
  • Be employed on an annual contract or probationary contract;
  • Participate in the school district’s performance salary schedule;
  • Meet one of the achievement requirements specified in the bill; and
  • Meet one of the performance requirements specified in the bill, which include:
    • For existing teachers and administrators, a “highly effective” rating or commitment to working in a low-performing school for 3 years and a “highly effective” rating for 2 out of 3 years.
    • For newly hired teachers and administrators, graduation from or completion of a specified undergraduate program with a 3.0 grade point average, and commitment to working for three years in a Florida public school or critical teacher shortage area.
• Provides that, to receive an Award Program scholarship, a full-time classroom teacher or full-time administrator must:
  • Meet one of the following achievement requirements:
    • For a classroom teacher, a score at or above the 90th percentile on the Florida Teacher Certification Examination in a subject that he or she is teaching.
    • For a school administrator, a score at or above the 90th percentile on the Florida Educational Leadership Examination.
    • For a classroom teacher or school administrator, a composite score at or above the 80th percentile on either the SAT or the ACT based on the National Percentile Ranks in effect when the classroom teacher or school administrator took the assessment.
    •  For a classroom teacher or school administrator, a composite score on the GRE, LSAT, GMAT, or MCAT at or above a score adopted by the State Board of Education (SBE).
    •  For a classroom teacher or school administrator, a cumulative undergraduate or graduate grade point average of at least 3.5 on a 4.0 scale, as verified on the teacher’s or administrator’s official final college transcript.
  • Meet one of the following performance requirements:
    • Received a rating of highly effective in the school year immediately preceding the year in which the scholarship will be awarded.
    • If he or she works in a low-performing school or a school that was designated by the department as low-performing within the previous 2 years and commits to working at the school for at least 3 years, must have been received a rating of highly effective in the school year immediately preceding the first year in which the scholarship is awarded and maintain a highly effective evaluation rating in at least 2 of every 3 annual performance evaluations, based on a rolling 3-year period.
•  Creates a separate eligibility category for newly hired classroom teachers and school administrators. A newly hired teacher and school administrator, who has not been evaluated, is not eligible for the Award Program scholarship but may receive a one-time hiring bonus of up to $10,000 if he or she:
  • Is employed on an annual contract or probationary contract and participates in the school district’s performance salary schedule.
  • Meets one of the following achievement requirements:
    • For a classroom teacher, a score at or above the 90th percentile on the Florida Teacher Certification Examination in a subject that he or she is teaching.
    • For a school administrator, a score at or above the 90th percentile on the Florida Educational Leadership Examination.
    • For a classroom teacher or school administrator, a composite score at or above the 80th percentile on either the SAT or the ACT based on the National Percentile Ranks in effect when the classroom teacher or school administrator took the assessment.
    • For a classroom teacher or school administrator, a composite score on the GRE, LSAT, GMAT, or MCAT at or above a score adopted by the SBE.
    •  For a classroom teacher or school administrator, a cumulative undergraduate or graduate grade point average of at least 3.5 on a 4.0 scale, as verified on the teacher’s or administrator’s official final college transcript.
  • Meets one of the following performance requirements:
    • Recipient of the Florida Prepaid Tuition Scholarship Program who graduated with a minimum 3.0 grade point average and commit, pursuant to SBE rule, to working in a Florida public school for at least 3 years.
    • Completed the college reach-out program19 and graduated with a minimum 3.0 grade point average, and commit, pursuant to SBE rule, to working in a Florida public school for at least 3 years.
    •  Graduate from an approved Florida teacher preparation program20 at a Florida college or university, with a minimum 3.0 grade point average, and commit, pursuant to SBE rule, to working in a critical teacher shortage area21 at a Florida public school for at least 3 years.
•  Requires that a scholarship in the amount provided in the General Appropriations Act (GAA) be awarded to every eligible classroom teacher and administrator. If the number of eligible classroom teachers and school administrators exceeds the total appropriation authorized in the GAA, the bill requires the department to prorate the per-scholar scholarship award amount, except that prior to the distribution of funds, the following priorities apply:
  • Classroom teachers and school administrators who commit, pursuant to SBE rule, to working in a low-performing school and meet the specified eligibility criteria, must receive an award equal to a full scholarship award amount.
  • Newly hired classroom teachers and school administrators who commit, pursuant to SBE rule, to working in a Florida public school and specified eligibility criteria must receive a one-time hiring bonus of up to $10,000.

 The bill provides that, by November 1, an eligible classroom teacher or school administrator must submit an official record of his or her achievement of the specified eligibility criteria. After a classroom teacher or school administrator is deemed eligible by the school district, including a teacher deemed eligible for the Florida Best and Brightest Teacher Scholarship Program in fiscal years 2015-2016 and 2016-2017, such classroom teacher or school administrator remains eligible as long as he or she maintains employment by the school district and meets other specified requirements. By December 1, each school district must submit to the Department of Education (DOE) the number of classroom teachers or school administrators who qualify for the scholarship, by February 1, the DOE must distribute scholarship funds to each school district, and by April 1, each school district must distribute the scholarship awards to eligible classroom teachers and school administrators. In addition, the bill requires the SBE to expeditiously adopt rules to implement the Award Program.

With regard to School Improvement and Education Accountability, the bill:

• Expands the schools that must implement an Early Warning System (EWS) to schools that serve any students in grades 1 through 8 and clarifies that the EWS indicators include:
  • A course failure in English Language Arts or math during any grading period; and
  • A substantial reading deficiency for a student in grades 1 through 3.
• Requires the school’s child study team to consult with the student’s parent to determine appropriate intervention strategies for the student when a student exhibits two or more EWS indicators. Provides that the data and information relating to the student’s EWS indicators must be used by the team to inform any intervention strategies provided to the student and requires that, beginning in the 2018-2019 academic year, each school’s EWS must include specified data;
• Requires school districts to develop a school improvement plan for each school in the district with a school grade of “D” or “F.”
• Requires the SBE rule regarding a differentiated matrix of intervention and support strategies for assisting public schools to define and clearly differentiate among:
  • A “school-in-need”, which means a school with a grade of “D,” or which is in danger of earning a grade of “F,” and which is in need of intervention and support.
  • A “turnaround school”, which means a school with a grade of “F” or two consecutive grades below a “C,” and which is in need of intensive intervention and support, and which is implementing a district-managed turnaround or a different turnaround option.
  • A “persistently low-performing school”, which means a turnaround school that has been subject to a differentiated matrix of intensive intervention and support strategies for more than 3 consecutive years or a turnaround school that was closed within 2 years after submitting a notice of intent. The bill specifies that the SBE rule must define low-performing school to include, at a minimum, any school meeting the requirements of differentiated accountability.
• Modifies turnaround options available to school districts by adding new options and revising existing options, giving priority to the first three new options:
  • Implement an extended school day with at least 1 hour of additional learning time.
  • Enter into a formal agreement with a nonprofit organization with tax exempt status under the Internal Revenue Code to implement an integrated student support service model that provides students and families with access to specified wrap-around services. Districts implementing this option may be eligible for additional funding as provided in the General Appropriations Act. The wrap-around services must include, but are not limited to health services, after-school programs, drug prevention programs, college and career readiness, and dood and clothing banks.
  • Implement a principal autonomy program school under a performance based contract and in accordance with proposal elements, criteria, and timelines established by the SBE and specifically tailored for a turnaround school. A school district using this option for its turnaround school is eligible to participate in, and receive the benefits of, the principal autonomy program for only the turnaround school.
  • Contract as a conversion charter school.
• Deletes the existing hybrid turnaround option but allows school districts to implement a combination of the specified turnaround options.
• Modifies an existing requirement for the Commissioner of Education to assign a community assessment team to a low-performing school by specifying that such team must be assigned to each school district or governing board with a turnaround school. The team must include intervention and support strategies in the recommendations that the team makes to the school board or the governing board, as applicable, and to the SBE.
• Accelerates, by at least one school year, the timing and implementation of specific turnaround options by requiring a turnaround school to immediately, during its first full year after receiving the designation:
  • Implement required intensive intervention and support strategies.
  • Provide to DOE the negotiated memorandum of understanding with the bargaining agent in educational emergency circumstances, described below.
  • Provide to DOE, by September 1, a district-managed turnaround plan that has been submitted to the SBE for approval and must be implemented for the remainder of the current school year and continue for one additional school year.

The bill also specifies educational emergency conditions under which a district school board may negotiate provisions of its contract with appropriate bargaining units that must result in a memorandum of understanding regarding personnel decisions. The district school board is authorized to negotiate in cases in which one or more schools in the district have a grade of “D” or “F” and permits a district school board, beginning in the 2018-2019 academic year, to negotiate in cases in which one or more schools in the district are currently subject to, or in danger of being subject to, a differentiated matrix of intervention and support strategies as a turnaround school consistent with Florida law.

[NOTE: The Committee took up a PCS to revise and clarify the bill provisions. This short summary reflects the provisions of the PCS. This is the third of four committees of reference for this bill. There is no direct House companion bill, but HB 7069 addresses the Best & Brightest Scholar Awards and has passed the House as part of the House budget package. In addition, HB 5105 addresses Schools of Hope and is also part of the House budget package.]

SB 808 – Maximum Class Size by Mayfield – NOT CONSIDERED
The bill revises the maximum class size penalty calculations for public schools. Specifically, the bill:

• Removes the class size penalty calculation exemption to the school-wide average for charter schools, district-operated schools of choice, district innovation schools of technology, and schools participating in the Principal Autonomy Pilot Program Initiative because the penalty calculation for all schools will be calculated at the school-wide average.
• Revises the method for calculating the penalty for schools that fail to comply with the class size requirements by calculating elements of the formula at the school average instead of at the classroom level.
• Repeals an increase in the penalty calculation that began with the 2014-2015 fiscal year, by returning the penalty calculation to 50 percent of the base student allocation rather than 100 percent. Exempts a school district that has not complied with the class size limits specified in law (based on the 2017-2018 October student survey) and has timely submitted their certified plan that describes future actions that will be taken for compliance from the class size penalty for the 2017-2018 and 2018-2019 fiscal years. Such school districts have until the 2018-2019 October student survey to comply with the class size limit requirements. Such school districts must provide an updated plan by February 1, 2019, to the Commissioner of Education.

[NOTE: This is the third of four committees of reference for this bill. The House companion bill – HB 591 – is similar, has passed all committees of reference, and has passed the House.]

SB 1468 – Education by Galvano – AMENDED; PASSED WITH A CS
The bill codifies responsibilities for the Auditor General, extends the date by which Florida Polytechnic University must meet statutory criteria, expands the authority of the Commissioner of Education, and establishes the Early Childhood Music Education Incentive Pilot Program. Specifically, the bill:

• Codifies the requirement for the Auditor General to conduct financial audits of accounts and records of the Florida School for the Deaf and the Blind.
• Codifies the December 31, 2017, deadline by which the Florida Polytechnic University must meet the criteria established in law relating to accreditation; development of science, technology, engineering, and mathematics programs; and operational framework.
• Authorizes the Commissioner of Education to coordinate, in the event of an emergency, with school districts, Florida College System institutions, and the satellite offices of the Division of Vocational Rehabilitation and the Division of Blind Services to assess their needs for resources to enable such entities to reopen as soon as possible after considering the health, safety, and welfare of students and clients.
• Establishes the Early Childhood Music Education Incentive Pilot Program in the Department of Education for a period of three school years to assist selected school districts in implementing comprehensive music education programs for students in kindergarten through grade 2.
• Provides that charter virtual schools and virtual instruction programs are subject to controlled open enrollment provisions;
• Repeals s. 1002.455, F.S., relating to student eligibility requirements for students to participate in virtual instruction;
• Provides that a client of the Division of Blind Services of the Department of Education is considered an employee of the state for purposes of workers’ compensation coverage.

[NOTE: Today’s amendments addressed controlled open enrollment, eligibility requirements for virtual instruction, and workers’ compensation. This short summary reflects today’s changes. Several of these new provisions are also included in HB 833 and other bills. This is the third of three committees of reference for this bill. There is no direct House companion bill but some provisions are also addressed in bills in the House budget package.]

SB 796 – Charter Schools by Bean – AMENDED; PASSED WITH A CS
The bill creates the High-Impact Charter Management Organization (HICMO) designation, authorizes certain entities to apply for the designation, and defines related terms. Specifically, the bill:

• Establishes the process and criteria for the initial designation and renewal of the designation.
• Provides incentives for HICMO entities to operate in Florida.
• Requires the Florida Department of Education (DOE) to provide school districts with technical assistance to ensure that federal funds are allocated to charter schools using an appropriate methodology.
• Directs the State Board of Education to adopt rules to administer the HICMO provisions.
• Removes the requirement that a charter school must have satisfactory student achievement based on state accountability standards to receive charter school capital outlay funding.
• Provides that, if a high-impact school is not renewed or is terminated, any unencumbered funds and all equipment and property purchased with the funds shall revert to the ownership of the district school board.
• Provides that Initial status as a high-impact school operator is valid for 3 years after the opening of a high-impact school.

[NOTE: The Committee approved a strike all amendment that clarifies provisions and aligns them with SB 1552 (as amended) regarding school improvement strategies. Other amendments relate to reversion of certain funds and equipment of a high-impact charter school and the length of the initial status as a high-impact charter school. This short summary reflects these changes. This is the second of three committees of reference for this bill. There is no direct House companion bill but some provisions are also addressed in bills in the House budget package.]

In the House Session:
Bills on 2^nd Reading

HB 7065 – Local Government Fiscal Transparency by Ways & Means – READ 2^ND TIME; AMENED; PLACE ON 3^RD READING
The bill creates a new section of law — the “Local Government Fiscal Transparency Act” – to promote the fiscal transparency of local governments, including school boards, in their use of public funds. The bill:

• Requires easy public access to local government governing boards’ voting records related to tax increases and issuance of tax-supported debt (phased in over 4 years). The bill also requires easy online access to property tax TRIM notices and a 4-year history of property tax rates and amounts at the parcel level (phased in over 3 years). In addition, a 4-year history of property tax rates and total revenue generated at the jurisdiction level must be provided on government websites.
• Requires additional public meetings and expands public notice requirements for local option tax increases, other than property taxes, and new long-term, tax-supported debt issuances. Public notices for proposed tax increases must contain information regarding the rate and total annual amount of revenue expected from a tax increase, the annual additional revenue expressed as a percent of annual general fund revenue, detailed explanation of intended uses of the levy, and an indication of whether or not the tax proceeds will be used to secure debt. Public notices for proposed new, long-term debt issuance must disclose the total lifetime costs of the debt, annual debt service, and effects of the new debt on a government’s debt affordability measures.
• Requires local governments to conduct and consider a debt affordability analysis prior to approving the issuance of new, long-term tax-supported debt. The analysis would consist, at a minimum, of calculating a debt affordability ratio for the most recent five years and at least two projected years to gauge the effects of the proposed new debt issuance on the government’s debt service to revenue profile. The debt affordability ratio is the annual debt service for outstanding tax-supported debt divided by total annual revenues available to pay debt service on outstanding debt.
• Requires the auditor to report whether or not the local government is in compliance with the provisions of the new “Local Government Fiscal Transparency Act” and the Auditor General must request evidence of corrective action from local governments found not to be in compliance with the Act. Local governments must provide evidence that corrective action has been initiated within 45 days and evidence of completion within 180 days of such request. The Auditor General must report to the Legislative Auditing Committee local governments that do not take corrective action.
• Revises the local government reporting requirements for economic development incentives. It requires each county and municipality to report to the Office of Economic and Demographic Research whether the incentive was provided directly to an individual business or by another entity on behalf of the local government and the source of local dollars, and any state or federal dollars obligated for the incentive. The bill also revises the classes of economic development incentives. It requires reporting on financial incentives; general assistance, services, and support; and business recruitment, retention, or expansion efforts.

[NOTE: Today’s amendment were clarifying and non-substantive.  There is no Senate companion bill.]

HB 139 – Local Tax Referenda by Ingoglia – READ 2^ND TIME; PLACED ON 3^RD READING
The bill requires any referendum to levy a local government discretionary sales surtax, including a school infrastructure surtax, to be held during a general election or a primary election. Such a referendum shall be held

• At a primary election and requires the approval of at least 60% of the voters voting on the ballot question for passage if the sales surtax is not revenue neutral;
• At a primary election and requires the approval of a majority of the voters voting on the ballot question if the sales surtax is revenue neutral; or
• At a general election and requires the approval of a majority of the voters voting on the ballot question for passage.

The bill defines the term “revenue neutral” to mean the amount of revenue collected from the discretionary sales surtax shall be offset by a concurrent reduction in ad valorem taxes, discretionary sales surtax, or other taxes greater than or equal to the amount of revenue projected to be raised by the local government discretionary sales surtax in its first year of collection. A county or school district proposing to levy a revenue neutral sales surtax must publish, at least twice, a notice of its intent to levy a surtax. In addition, the bill provides that a county or school district which levies a revenue neutral sales surtax may not increase the tax concurrently reduced for 3 years. [NOTE: The Senate companion bill – SB 278 — is similar and has passed two of three committees of reference.]

HB 833 – Student Eligibility for Virtual Instruction by Sullivan – READ 2^ND TIME; AMENDED; PLACED ON 3^RD READING
The bill:

• Removes the prior year in public school requirement and provides that all K-12 students, including home education and private school students, are eligible for both full-time and part-time virtual instruction options;
• Revises eligibility requirements for specified students to receive part-time instruction at the Florida Virtual School;
• Provides that the school district in which the student enrolls in the virtual charter school shall report the student for funding and the home school district shall not report the student for funding;
• Removes provisions requiring the Auditor General to conduct an operational audit of the Florida Virtual School;
• Removes passage of an online content assessment, by which the student demonstrates skills and competency in locating information and applying technology for instructional purposes, as an option to fulfill the online course requirement;
• Provides a student the option of taking either an online course or a blended learning course to satisfy the requirements for a standard high school diploma.

[NOTE: Today’s amendments were clarified provisions relating to open enrollment and virtual charter schools. The Senate companion bill – SB 692 — is similar but has not been heard in any of three committees of reference.]

HB 1391 – Home Education by Eisnaugle – READ 2^ND TIME; PLACED ON 3^RD READING
The bill:

• Requires a parent’s notice of intent to provide home education to their child(ren) include the student’s full legal name and provides that the notice is prima facie evidence of the validity of the provided information;
• Authorizes school districts to provide a home education student access to career and technical courses and programs;
• Authorizes school districts to offer industry certifications, national assessments and statewide, standardized assessments to a home education student;
• Prohibits a district school superintendent from requiring evidence of a child’s age if the child meets regular attendance requirements by attending certain educational institutions or programs;
• Limits the documentation a school district can require from a home education student;
• Exempts a home education program student from the grade point average requirement for admission to a dual enrollment program if the student meets the minimum score on a college placement test;
• Exempts dual enrollment students from paying postsecondary institution technology fees and explicitly exempts public school, private school or home education dual enrollment students from payment of registration, tuition, technology and laboratory fees; and
• Clarifies that private school and a home education program students are not required to reimburse tuition for dual enrollment.

[NOTE: The Senate companion bill – SB 1556 — is similar but has not been heard in any of three committees of reference.]

HB 1281 – Department of Management Services by Albritton – READ 2^ND TIME; AMENDED; PLACED ON 3^RD READING
The bill creates the Statewide Procurement Efficiency Task Force, which includes a school board member, for the purpose of evaluating the effectiveness and value of state and local procurement laws and policies to the taxpayers of the state and determining where inconsistencies in such laws and policies exist. The bill requires the task force to submit a final report to the Governor, the President of the Senate, and the Speaker of the House of Representatives by July 1, 2018. Such report must, at a minimum, include recommendations for consideration by the Legislature to promote procurement efficiency, streamline procurement policies, establish best management practices, and encourage increased use of state term contracts. The bill provides that the task force terminates on December 31, 2018. [NOTE: Today’s amendment added representation of water management districts on the Task Force. The Senate companion bill – SB 1540 — is comparable and has passed two of three committees of reference.]

In the Senate Rules Committee meeting:

SB 1622 – School Bus Safety by Passidomo — PASSED; PLACED ON 3RD READING FOR 4/27/17
The bill creates the “Cameron Mayhew Act” to require a driver who illegally passes a stopped school bus resulting in death or serious bodily injury of another person to:

• Serve 120 community service hours in a trauma center or hospital.
• Participate in a victim’s impact panel or attend a Department of Highway Safety and Motor Vehicles (DHSMV) approved driver improvement course that relates to the rights of vulnerable road users relative to vehicles on the roadway.

The bill also imposes a $1,500 fine, a 1-year driver license suspension, and two additional points, for a total of 6 points added to a person’s driver license.  [NOTE: This is the third of three committees of reference for this bill. The House companion bill – HB 1239 – is identical, has passed all committees of reference, and is on the House Special Order Calendar for 4/27/17.]

SB 914 – Public Meetings by Baxley — PASSED; PLACED ON 3RE READING FOR 4/27/17
The bill creates a new statutory provisions to codify judicial interpretation and application of the terms: de facto meeting, discussion, meeting, official act, and public business. The bill specifies that members of a board may participate in fact-finding exercises or excursion to research public business, and may participate in meetings with a member of the Legislature if:

• The board provides reasonable notice;
• A vote, official act, or an agreement regarding a future action does not occur;
• There is no discussion of public business that occurs; and
• There are appropriate records, minutes, audio recordings, or video recordings made and retained as a public record.

In addition, the bill provides that, if there is a gathering of two or more board members where no official acts are taken and no public business is discussed, then no public notice or access is required. [NOTE: This is the third of three committees of reference for this bill.  The House companion bill – HB 919 – is identical but has not been heard in any of three committees of reference.]

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[toggle title=”Coming Up Tomorrow – April 26, 2017“]

Please note that all of the meetings listed below may be viewed via live webcast on the Florida Channel. For real-time updates on these meetings and other legislative activities, please click HERE to access our Twitter feed.

The Senate will be in Session (10:00 am-6:00 pm; Senate Chamber) to consider the following items and others:
Bills on 3^rd Reading
HB 849 – Concealed Weapons & Firearms on Private School Property by Combee
provides that a person who is licensed to carry a concealed weapon or firearm under Florida law is not prohibited from carrying a concealed weapon or firearm on private school property during non-school hours, or during an event on that property that is not sanctioned by the school, if a religious institution is located on the property. [NOTE: This bill has already passed the House but was amended on 2^nd Reading in the Senate.  Thus, if passed, the bill would need to return to the House for approval of the amended version.]

HB 392 – High School Graduation Requirements/Financial Literacy by Hukill
The bill creates the “Personal Financial Literacy Education Act” to specify financial literacy standards and instruction for students entering grade 9 in the 2017-2018 school year. Specifically, the bill revises the Next Generation Sunshine State Standards to establish requirements for financial literacy distinct from the existing financial literacy requirements specified under the economics curricular content within the standards for social studies. The bill also revises the requirements for a student to earn a standard high school diploma by:

• Establishing a separate one-half credit requirement in personal financial literacy;
• Deleting the requirement that the one-half credit in economics include financial literacy; and
• Reducing the number of required elective credits from eight to seven and one-half.

[NOTE: The House companion bill – HB 955 – is similar, has passed all committees of reference, and is on the House Calendar on 2^nd Reading.]

Bills on 2^nd Reading
SB 438 – Out of School Suspension by Baxley
The bill revises parents’ rights and school districts’ duties regarding the suspension of public school students. Specifically, the bill:

• Grants parents the right to give public testimony at a district school board meeting during which the board reviews its out-of-school suspension rules;
• Requires a district school board to review, once every 3 years, its rules authorizing out-of-school suspension during a district school board meeting; and
• Specifies that a district school board’s rules authorizing out-of-school suspension expire if the board does not conduct its review of these rules in accordance with the law.

[NOTE: There is no House companion bill.]

The House will be in Session (10:30-completion; House Chamber) to consider the following items and others:
Bills on 3^rd Reading
HB 7065 – Local Government Fiscal Transparency by Ways & Means
The bill creates a new section of law — the “Local Government Fiscal Transparency Act” – to promote the fiscal transparency of local governments, including school boards, in their use of public funds. The bill:

• Requires easy public access to local government governing boards’ voting records related to tax increases and issuance of tax-supported debt (phased in over 4 years). The bill also requires easy online access to property tax TRIM notices and a 4-year history of property tax rates and amounts at the parcel level (phased in over 3 years). In addition, a 4-year history of property tax rates and total revenue generated at the jurisdiction level must be provided on government websites. 
• Requires additional public meetings and expands public notice requirements for local option tax increases, other than property taxes, and new long-term, tax-supported debt issuances. Public notices for proposed tax increases must contain information regarding the rate and total annual amount of revenue expected from a tax increase, the annual additional revenue expressed as a percent of annual general fund revenue, detailed explanation of intended uses of the levy, and an indication of whether or not the tax proceeds will be used to secure debt. Public notices for proposed new, long-term debt issuance must disclose the total lifetime costs of the debt, annual debt service, and effects of the new debt on a government’s debt affordability measures.
• Requires local governments to conduct and consider a debt affordability analysis prior to approving the issuance of new, long-term tax-supported debt. The analysis would consist, at a minimum, of calculating a debt affordability ratio for the most recent five years and at least two projected years to gauge the effects of the proposed new debt issuance on the government’s debt service to revenue profile. The debt affordability ratio is the annual debt service for outstanding tax-supported debt divided by total annual revenues available to pay debt service on outstanding debt.
• Requires the auditor to report whether or not the local government is in compliance with the provisions of the new “Local Government Fiscal Transparency Act” and the Auditor General must request evidence of corrective action from local governments found not to be in compliance with the Act. Local governments must provide evidence that corrective action has been initiated within 45 days and evidence of completion within 180 days of such request. The Auditor General must report to the Legislative Auditing Committee local governments that do not take corrective action.
• Revises the local government reporting requirements for economic development incentives. It requires each county and municipality to report to the Office of Economic and Demographic Research whether the incentive was provided directly to an individual business or by another entity on behalf of the local government and the source of local dollars, and any state or federal dollars obligated for the incentive. The bill also revises the classes of economic development incentives. It requires reporting on financial incentives; general assistance, services, and support; and business recruitment, retention, or expansion efforts.

[NOTE: There is no Senate companion bill.]

HB 139 – Local Tax Referenda by Ingoglia
The bill requires any referendum to levy a local government discretionary sales surtax, including a school infrastructure surtax, to be held during a general election or a primary election. Such a referendum shall be held

• At a primary election and requires the approval of at least 60% of the voters voting on the ballot question for passage if the sales surtax is not revenue neutral;
• At a primary election and requires the approval of a majority of the voters voting on the ballot question if the sales surtax is revenue neutral; or
• At a general election and requires the approval of a majority of the voters voting on the ballot question for passage.

The bill defines the term “revenue neutral” to mean the amount of revenue collected from the discretionary sales surtax shall be offset by a concurrent reduction in ad valorem taxes, discretionary sales surtax, or other taxes greater than or equal to the amount of revenue projected to be raised by the local government discretionary sales surtax in its first year of collection. A county or school district proposing to levy a revenue neutral sales surtax must publish, at least twice, a notice of its intent to levy a surtax. In addition, the bill provides that a county or school district which levies a revenue neutral sales surtax may not increase the tax concurrently reduced for 3 years. [NOTE: The Senate companion bill – SB 278 — is similar and has passed two of three committees of reference.]

HB 833 – Student Eligibility for Virtual Instruction by Sullivan
The bill:

• Removes the prior year in public school requirement and provides that all K-12 students, including home education and private school students, are eligible for both full-time and part-time virtual instruction options;
• Revises eligibility requirements for specified students to receive part-time instruction at the Florida Virtual School;
• Provides that the school district in which the student enrolls in the virtual charter school shall report the student for funding and the home school district shall not report the student for funding;
• Removes provisions requiring the Auditor General to conduct an operational audit of the Florida Virtual School;
• Removes passage of an online content assessment, by which the student demonstrates skills and competency in locating information and applying technology for instructional purposes, as an option to fulfill the online course requirement;
• Provides a student the option of taking either an online course or a blended learning course to satisfy the requirements for a standard high school diploma.

[NOTE: The Senate companion bill – SB 692 — is similar but has not been heard in any of three committees of reference.]

HB 1391 – Home Education by Eisnaugle
The bill:

• Requires a parent’s notice of intent to provide home education to their child(ren) include the student’s full legal name and provides that the notice is prima facie evidence of the validity of the provided information;
• Authorizes school districts to provide a home education student access to career and technical courses and programs;
• Authorizes school districts to offer industry certifications, national assessments and statewide, standardized assessments to a home education student;
• Prohibits a district school superintendent from requiring evidence of a child’s age if the child meets regular attendance requirements by attending certain educational institutions or programs;
• Limits the documentation a school district can require from a home education student;
• Exempts a home education program student from the grade point average requirement for admission to a dual enrollment program if the student meets the minimum score on a college placement test;
• Exempts dual enrollment students from paying postsecondary institution technology fees and explicitly exempts public school, private school or home education dual enrollment students from payment of registration, tuition, technology and laboratory fees; and
• Clarifies that private school and a home education program students are not required to reimburse tuition for dual enrollment.

[NOTE: The Senate companion bill – SB 1556 — is similar but has not been heard in any of three committees of reference.]

HB 1281 – Department of Management Services by Albritton
The bill creates the Statewide Procurement Efficiency Task Force, which includes a school board member, for the purpose of evaluating the effectiveness and value of state and local procurement laws and policies to the taxpayers of the state and determining where inconsistencies in such laws and policies exist. The bill requires the task force to submit a final report to the Governor, the President of the Senate, and the Speaker of the House of Representatives by July 1, 2018. Such report must, at a minimum, include recommendations for consideration by the Legislature to promote procurement efficiency, streamline procurement policies, establish best management practices, and encourage increased use of state term contracts. The bill provides that the task force terminates on December 31, 2018. [NOTE: The Senate companion bill – SB 1540 — is comparable and has passed two of three committees of reference.]

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