2013 Florida Legislative Review

Transcription

1 2013 Florida Legislative Review O f fice of General Counsel 0

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3 Table of Contents 2013 Legislation by Subject Area BOARD MEMBER ELECTIONS HB 247 (ch , L.O.F.) Paper Reduction..1 HB 249 Public Records Exemption (vetoed)...2 HB 569 (ch , L.O.F.) Campaign Finance. 3 5 HB 7013 (ch , L.O.F.) Elections BUDGET/ /APPROPRIATIONS SB 1500 Appropriations....8 SB 1502 (ch , L.O.F.) Implementing the General Appropriations Act....9 SB 1514 (ch , L.O.F.) Education Funding 10 SB 1852 (ch , L.O.F.) Funding from the National Mortgage Settlement CHARTERR SCHOOLS SB 1514 (ch , L.O.F.) Education Funding..10 SB 7009 Charter Schools CHOICE/ /INNOVATION PROGRAMS SB 461 (ch , L.O.F.) Deaf and Hard of Hearing Students CRIMINAL JUSTICE COMMISSION HB 361 (ch , L.O.F.) Public Meetings/Criminal Justice Commission DIGITAL LEARNING HB 7029 Education.24 DISTRICTT EMPLOYEES SB 2 (ch , L.O.F.) Ethics SB 4 (ch , L.O.F.) Public Records and Meetings/Commission on Ethics HB 609 (ch , L.O.F.) Bullying in the Public School System ii Repeated Bills will be referenced by page number in their respective sections: See Cross Reference Guide

4 HB 655 (ch , L.O.F.) Employment Benefits HB 731 Public Records/Spouses and Children of Law Enforcement and Agency Personnel..35 HB 801 (ch , L.O.F.) Certified School Counselors..36 ECONOMIC DEVELOPMENT SB 406 (ch , L.O.F.) Economic Development 37 HB 537 (ch , L.O.F.) Growth Management EDUCATION HB 21 (ch , L.O.F.) Background Screening for Noninstructional Contractors on School Grounds HB 113 (ch , L.O.F.) Distribution of Materials Harmful to Minors SB 284 (ch ,L.O.F.) School Emergencies SB 461 (ch , L.O.F.) Deaf and Hard of Hearing Students HB 801 (ch , L.O.F.) Certified School Counselors.. 36 SB 1036 (ch , L.O.F.) Independent Living SB 1076 (ch , L.O.F.) K 20 Education SB 1096 (ch , L.O.F.) Repeal of Education Provisions SB 1108 Exceptional Student Education SB 1388 Instructional Materials for K 12 Public Education SB 1514 (ch , L.O.F.) Education Funding SB 1664 (ch , L.O.F.) Education SB 1720 (ch , L.O.F.) Education HB 7003 (ch , L.O.F.) Interstate Compact on Educational Opportunity for Military Children. 68 HB 7009 Charter Schools HB 7029 Education HB 7165 Early Learning EMERGENCY MANAGEMENT SB 284 (ch , L.O.F.) School Emergencies ETHICS/ELECTIONS SB 2 (ch , L.O.F.) Ethics SB 4 (ch , L.O.F.) Public Records and Meetings/Commission on Ethics iii Repeated Bills will be referenced by page number in their respective sections: See Cross Reference Guide

5 FACILITIES/FIRESAFETY HB 269 (ch , L.O.F.) Public Constructions Projects SB 1410 (ch , L.O.F.) Firesafety and Prevention SCHOOL FOOD SERVICES HB 7087 Department of Agriculture and Consumer Services HB 7089 (ch , L.O.F.) Public Records Exemption/School Food and Nutrition Service Program Participants GOVERNMENT IN THE SUNSHINE/RECORDS SB 4 (ch , L.O.F.) Public Records and Meetings/Commission on Ethics...30 SB 50 Public Meetings HB 249 Public Records Exemption.2 HB 361 (ch , L.O.F.) Public Meetings/Criminal Justice Commission HB 731 Public Records/Spouses and Children of Law Enforcement and Agency Personnel...35 HB 7089 (ch , L.O.F.) Public Records Exemption/School Food and Nutrition Service Program Participants. 86 GOVERNMENT OPERATIONS HB 21 (ch , L.O.F.) Background Screening for Noninstructional Contractors on School Grounds SB 50 Public Meetings HB 85 Public Private Partnerships SB 230 (ch , L.O.F.) Flag Etiquette HB 247 (ch , L.O.F.) Paper Reduction....1 HB 249 Public Records Exemption (vetoed)..2 HB 269 (ch , L.O.F.) Public Construction Projects SB 284 (ch , L.O.F.) School Emergencies HB 361 (ch , L.O.F.) Public Meetings/Criminal Justice Commission HB 569 (ch , L.O.F.) Campaign Finance HB 655 (ch , L.O.F.) Employment Benefits SB 994 (ch , L.O.F.) Florida Statutes HB 1309 (ch , L.O.F.) Procurement of Commodities and Contractual Services SB 1410 (ch , L.O.F.) Firesafety and Prevention HB 5401 (ch , L.O.F.) Transparency in State Contracting iv Repeated Bills will be referenced by page number in their respective sections: See Cross Reference Guide

6 HB 7013 (ch , L.O.F.) Florida Election Code HB 7029 Education HB 7087 Department of Agriculture and Consumer Services HB 7089 (ch , L.O.F) Public Records Exemption/School Food and Nutrition Service Program Participants INSTRUCTIONAL MATERIALS SB 1388 Instructional Materials for K 12 Public Education SB 1514 (ch , L.O.F.) Education Funding. 10 JUVENILE JUSTICE HB 617 (ch , L.O.F.) Juvenile Justice Circuit Advisory Boards and Juvenile Justice County Councils LOCAL GOVERNMENT SB 2 (ch , L.O.F.) Ethics SB 4 (ch , L.O.F.) Public Records and Meetings/Commission on Ethics HB 85 Public Private Partnerships HB 269 (ch , L.O.F.) Public Construction Projects HB 361 (ch , L.O.F.) Public Meetings/Criminal Justice Commission HB 585 (ch , L.O.F.) Law Enforcement HB 633 (ch , L.O.F.) Biodiesel Fuel 110 HB 655 (ch , L.O.F.) Employment Benefits SB 1852 (ch , L.O.F.) Funding from the National Mortgage Settlement...11 RETIREMENT SB 1810 (ch , L.O.F.) Florida Retirement System SAFETY SB 52 (ch , L.O.F.) Use of Wireless Communications Devices While Driving. 114 SB 284 (ch ,L.O.F.) School Emergencies HB 407 (ch , L.O.F.) Criminal Gang Prevention HB 585 (ch , L.O.F.) Law Enforcement HB 609 (ch , L.O.F.) Bullying in the Public School System SB 1410 (ch , L.O.F.) Fire Safety and Prevention STUDENTS HB 113 (ch , L.O.F.) Distribution of Materials Harmful to Minors.. 42 v Repeated Bills will be referenced by page number in their respective sections: See Cross Reference Guide

7 SB 142 (ch , L.O.F.) Intellectual Disabilities..118 SB 461 (ch , L.O.F.) Deaf and Hard of Hearing Students. 21 HB 609 (ch , L.O.F.) Bullying in the Public School System SB 1036 (ch , L.O.F.) Independent Living SB 1108 Exceptional Student Education.58 HB 7003 (ch , L.O.F.) Interstate Compact on Educational Opportunity for Military Children.68 HB 7089 (ch , L.O.F.) Public Records Exemption/School Food and Nutrition Service Program Participants TAXES SB 354 Ad Valorem Tax Exemptions (vetoed). 120 HB 633 (ch , L.O.F. Biodiesel Fuel HB 1193 (ch , L.O.F.) Taxation of Property. 121 TRANSPORTATION SB 52 (ch , L.O.F.) Use of Wireless Communications Devices While Driving..114 VIRTUAL SB 1514 (ch , L.O.F.) Education Funding HB 7029 Education vi Repeated Bills will be referenced by page number in their respective sections: See Cross Reference Guide

8 Table of Contents 2013 Legislation by Bill Number SB 2 (ch , L.O.F.) Ethics SB 4 (ch , L.O.F.) Public Records and Meetings/Commission on Ethics...30 HB 21 (ch , L.O.F.) Background Screening for Noninstructional Contractors on School Grounds SB 50 Public Meetings SB 52 (ch , L.O.F.) Use of Wireless Communications Devices While Driving HB 85 Public Privat te Partnerships HB 113 (ch , L.O.F.) Distribution of Materials Harmful to Minors SB 142 (ch , L.O.F.) Intellectual Disabilities SB 230 (ch , L.O.F.) Flag Etiquette HB 247 (ch , L.O.F.) Paper Reduction HB 249 Public Records Exemption (vetoed)... 2 HB 269 (ch , L.O.F.) Public Constructions Projects SB 284 (ch , L.O.F.) School Emergencies SB 354 Ad Valorem Tax Exemptions (vetoed). 120 HB 361 (ch , L.O.F.) Public Meetings/Criminal Justice Commission SB 406 (ch , L.O.F.) Economic Development HB 407 (ch , L.O.F.) Criminal Gang Prevention HB 461 (ch , L.O.F.) Deaf and Hard of Hearingg Students HB 537 (ch , L.O.F.) Growth Management HB 569 (ch , L.O.F.) Campaign Finance HB 585 (ch , L.O.F.) Law Enforcement HB 609 (ch , L.O.F.) Bullying in the Public School System HB 617 (ch , L.O.F.) Juvenile Justice Circuit Advisory Boards and Juvenile Justice County Councils HB 633 (ch , L.O.F.) Biodiesel Fuel 110 vii Repeated Bills will be referenced by page number in their respective sections: See Cross Reference Guide

9 HB 655 (ch , L.O.F.) Employment Benefits HB 731 Public Records/Spouses and Children of Law Enforcement Personnel...35 HB 801 (ch , L.O.F.) Certified School Counselors...36 SB 994 (ch , L.O.F.) Florida Statutes SB 1036 (ch , L.O.F.) Independent Living SB 1076 (ch , L.O.F.) K 20 Education SB 1096 (ch , L.O.F.) Repeal of Education Provisions SB 1108 Exceptional Student Education HB 1193 (ch , L.O.F.) Taxation of Property 121 HB 1309 (ch , L.O.F.) Procurement of Commodities and Contractual Services SB 1388 Instructional Materials for K 12 Public Education SB 1410 (ch , L.O.F.) Firesafety and Prevention SB 1500 (ch , L.O.F.) Appropriations 8 SB 1502 (ch , L.O.F.) Implementing the General Appropriations Act..9 SB 1514 (ch , L.O.F.) Education Funding SB 1664 (ch , L.O.F.) Education SB 1720 (ch , L.O.F.) Education SB 1810 (ch , L.O.F.) Florida Retirement System SB 1852 (ch , L.O.F.) Funding from the National Mortgage Settlement...11 HB 5401(ch ,L.O.F.) Transparency in State Contracting HB 7003 (ch , L.O.F.) Interstate Compact on Educational Opportunity for Military Children 68 SB 7009 Charter Schools HB 7013 (ch , L.O.F.) Elections..6 7 HB 7029 Education...24 HB 7087 Department of Agriculture and Consumer Services HB 7089 (ch , L.O.F.) Public Records Exemption/School Food and Nutrition Service Program Participants 86 HB 7165 Early Learning viii Repeated Bills will be referenced by page number in their respective sections: See Cross Reference Guide

10 2013 Florida Legislative Summaries The bill summaries included in this book are of education related bills that passed both the House and Senate chambers. A majority of the enrolled bills have been acted upon by the Governor. Many of these bills have been codified into the Laws of Florida, which are duly noted with an applicable bill. Some bills are still awaiting the Governor s action or for the applicable time period to pass before they become law. This is so noted in the applicable summary. The bill summaries identify the bill number and title; the chapter law number of the bill, if one has been provided; and, the bill summary and analysis. Staff review of the bills included a review of the bills and the Legislative Staff analyses of the bills. Proposed education legislation which failed this session include: SB 862/HB 867 Parent Empowerment in Education SB 1164/HB129 High School Athletics HB 999 Environmental Regulation (provision to require school districts to pay stormwater fees) Changes to the Florida Retirement System ix

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12 Title of Legislation: Attorney Providing Review: HB 247 Paper Reduction Chapter , Laws of Florida Elizabeth T. McBride I. Summary of Bill This bill is linked to HB 249, providing public records exemption for voters addresses. The bill: Amends the uniform statewide voter registration application to have a blank in which an applicant can provide his or her address and space in which to indicate if the voter would like to receive a sample ballot via . Authorizes the Supervisor of Elections to send the sample ballot via at least 7 days before the election, if certain conditions are met. Requires county ordinances, amendments, and emergency ordinances to be submitted by clerk of board of county commissioners to the Department of State electronically. Authorizes property appraisers to obtain permission from taxpayers to provide electronic notices, with notice to taxpayer that his or her address is subject to public records laws, of: o Decisions of a value adjustment board; 1 o Notice of proposed property taxes and non-ad valorem assessments; o Certain tax exemption renewals; and o Notice of intent to deny certain tax exemptions. 2 Authorizes bail bond surety to electronically file the affidavit that must accompany a bail bond in person or electronically. Authorizes the clerk of court to provide to a surety electronically the following: o Notice of forfeiture of a bail bond; o Orders and notices concerning unpaid bail bond forfeitures converted to a judgment; and, o Executed Certificate of Cancellation of a cancelled bail bond. The Governor signed this bill on June 14, It takes effect on October 1, II. III. District Analysis This legislation does not pertain to any duties and responsibilities of the School Board or District. District Action/Rulemaking (Policy) No creation of School Board policy or amendment to existing policies is necessary. 1 Value adjustment boards are constituted in each county to conduct administrative hearings relating to assessments, complaints relating to homestead exemptions, appeals from tax exemptions denied, and appeals concerning ad valorem deferrals and classifications. See Fla. Stat (1)(a). 2 Documents provided electronically are subject to the same timing and form requirements as if they were provided by regular mail. If the transmission is returned, the document must be sent by regular mail. 1

13 Title of Legislation: Attorney Providing Review: HB 249 Public Records Exemption Elizabeth T. McBride Summary of Bill This bill is linked to the Paper Reduction bill (HB 247). The bill expands the current public record exemption for voter registration information to include addresses. The Paper Reduction bill, HB 247, requires the uniform statewide voter registration application to include a field for a voter registration applicant s address. Thus, this bill amends the public records exemption Fla. Stat , to provide that certain information obtained for the purpose of voter registration is confidential and exempt. Thus, the address of a voter registration applicant or voter held by an agency and obtained for the purpose of voter registration is confidential and exempt from public record requirements. The bill was vetoed by the Governor on June 14, In support of his veto, the Governor offered the following explanation. The mailing addresses of Florida s registered voters have traditionally been part of the public record as a means of delivering important information on election-related issues, and to facilitate communication from elected officials to their constituents. In the modern age of electronic communications, is increasingly becoming the most convenient and efficient means to receive information that was previously sent through the mail. In order to ensure that voters continue to have efficient access to election-related materials and information, it is essential to keep these channels of communication open to the public. 2

14 Title of Legislation: Attorney Providing Review: HB 569 Campaign Finance Chapter , Laws of Florida Elizabeth T. McBride Summary of Bill This bill became law as of May 1, 2013, but the effective date of the bill is November 1, 2013 unless otherwise stated. The bill makes some significant changes to campaign finance laws of the state, so this bill summary is provided to Board members for informational purposes only. The chart below provides a summary of the changes. If you have any questions regarding this legislation, it is recommended that you contact the Division of Elections. ISSUE EFFECTIVE AS OF NOVEMBER 1, 2013 Eliminates all committees of continuous existence 3 (CCEs), revoking their certifications as of September 30, COMMITTEES OF CONTINUOUS EXISTENCE (CCE) CAMPAIGN CONTRIBUTION LIMITS FOR CANDIDATES FOR STATE, JUDICIAL OR LOCAL OFFICES ( , Fla. Stat.) Requires Division of Elections to notify all CCEs of the new law by July 15, Prohibits a CCE from accepting contributions as of August 1, From any one person, political committee (PC), or committee of continuous existence (CCE) From unemancipated children under 18 years of age From a Political Party (PP) or Affiliated Party Committee (APC) to any other candidate Increases from $500 to $3000 per election for candidates for statewide office or retention of a Florida Supreme Court justice. Increases from $500 to $1000 per election for candidates for retention as a district court of appeal judge, legislative office, multicounty office, countywide office, county court judge, or circuit judge, and for candidates in any election conducted on less than a countywide basis. Prohibits PC from making unlimited expenditures for the purpose of endorsing three or more candidates. 4 Increases from $100 to the same limits above. Increases the potential limit a candidate may receive from $50,000 to $100,000 by permitting candidates to accept up to: $50,000, in the aggregate, from a county executive committee of a political party, in addition to $50,000 limit per election, in the aggregate, from a national or state executive committee of a political party. 3 A committee of continuous existence (CCE) is a group, organization, association, or other such entity that is involved in making contributions to candidates, political committees, electioneering communications organizations, other CCEs, or political parties. The political purpose of CCEs is to make contributions to candidates, political committees, other CCEs, electioneering communications organizations. 4 Current law provides for $500 per election limit to a PC supporting/opposing one or more candidates; $500 per election limit to a PC supporting/opposing both candidates and issues; $100 per election limit from unemancipated children under 18 to a PC supporting one or more candidates. Limits do not apply to contributions from political parties. 3

15 ISSUE EFFECTIVE AS OF NOVEMBER 1, 2013 CAMPAIGN CONTRIBUTION LIMITS TO POLITICAL COMMITTEES (PCs) 5 ( , Fla. Stat.) 6 CAMPAIGN ACCOUNTS ( and , Fla. Stat.) CAMPAIGN FUNDRAISERS AND POLITICAL ADVERTISEMENTS CANDIDATES OF POLITICAL PARTY EXECUTIVE COMMITTEE 9 CAMPAIGN FINANCE REPORTING FREQUENCY for NON-STATEWIDE CANDIDATES, PCs or Electioneering Communication Organizations (ECOs) Filing with Supervisor of Elections or Municipal Clerk CAMPAIGN FINANCE REPORTING FREQUENCY for STATEWIDE CANDIDATES & PCs Filing with Division of Elections CAMPAIGN FINANCE REPORTING FREQUENCY for ECOs filing with Division of Elections Removes current limit of $500 to allow unlimited contributions to any PC, when PC is supporting one or more candidates, or supporting or opposing both candidates and issues. Allows a CCE to make unlimited contributions to a PC, as of 5/1/2013. Removes the requirement that the campaign account check and debit cards associated with it, contain the exact phrase Campaign Account. 7 Requires the name of the candidate or political committee to appear on the campaign account or depository. Requires the name of the campaign account of the candidate or political committee to be on the campaign checks or debit cards issued in the name of the campaign treasurer, deputy treasurer, or authorized user. Reinstates the statutory requirement that tickets and advertising for campaign fund raisers must contain sponsorship disclaimers and meet the other requirements applicable to political advertisements. 8 Requires candidates for a political party executive committee to file a single campaign finance report with supervisor of elections of the appropriate county on the 4 th day before the primary election. 10 Monthly contribution and expenditure reports until 60 th day before the primary, i.e., 7 days after qualifying ends. Biweekly contribution and expenditure reports on the 60 th 32 nd day before the primary election, and the 74 th -32 nd day before the general election. Weekly contribution and expenditure reports starting on 32 nd day before primary and general election with last week report due on 4 th day before primary and general elections. Monthly contribution and expenditure reports until 60 th day before the primary, i.e., 7 days after qualifying ends. Weekly contribution and expenditure reports starting on 60 th day before the primary, with the last report due on the 4 th day before the general election. Daily contribution reports starting on 10 th day before general election, with the last report due on the 5 th day before the general election. Monthly contribution and expenditure reports until 60 th day before the primary, i.e., 7 days after qualifying ends. Weekly contribution and expenditure reports starting on 60 th day before the primary, with the last report due on the 4 th day before the general election. Daily contribution reports starting on 10 th day before general election through the 5 th day before the general election, and the 3 rd day of the general election with the last report due on the day before the general election. 5 Political committees are defined by Sec (16), FS. 6 The legislation made no changes to the campaign contribution limits which may be made to an electioneering communications organizations (ECOs), committees of continuous existence (CCEs), political parties (PPs), or affiliated party committees (APCs), so there continues to be no limit on contributions which can be made to these groups. Please note CCEs were eliminated by this legislation. 7 Currently, all funds received by the campaign treasurer of any candidate or political committee are to be deposited into a campaign depository in an account designated (name of candidate or committee) Campaign Account. See , FS. All checks drawn on the campaign depository and all debit cards contain the statement (name of candidate or political committee) Campaign Account. See , FS. 8 This provision had been deleted in 2011, Chapter , 56, Laws of Florida. 9 The bill creates Fla. Stat Such candidates still retain their ability to collect unlimited contributions. 4

16 ISSUE EFFECTIVE AS OF NOVEMBER 1, 2013 Includes the amount of a contribution for the original office for the purposes of contribution limits to the newly designated office. If a candidate receives contribution in excess of the contribution limits applicable to new office, the candidate must dispose of the excess as provided by law. 11 Allows a candidate elected to state office to retain up to $20,000 in the candidate s campaign account for use in the candidate s next campaign for the same office. Defines same office as an office in the same legislative body, regardless of district number or designation or geographic boundary. If candidate does not qualify for the same office in the next election, the candidate must dispose of the retained funds within 90 days using one of six methods. Eliminates the requirement that a candidate who qualifies by petition repays the election assessment prior to disposing of surplus campaign funds. CANDIDATE S OFFICE CURRENT LIMIT EFFECTIVE on 11/1/13 Statewide $20,000 $50,000 Multi-County Office $5,000 $10,000 Legislative Office $5000 X No. of years $10, 000 X No. of years in the in the term of office term of office for which for which elected CONTRIBUTIONS TO CANDIDATES WHO CHANGED DESIGNATED OFFICE (1)(a), Fla. Stat. ADDITIONAL METHODS FOR DISPOSAL OF SURPLUS FUNDS 12 AMOUNT OF SURPLUS CAMPAIGN FUNDS TRANSFERABLE BY ELECTED CANDIDATES TO AN OFFICE ACCOUNT AND USES OF SUCH FUNDS EXPENSES WHICH MAY BE PAID USING OFFICE ACCOUNT FUNDS 13 County-wide Office or Less than County-wide basis $2,500 X No. of years in the term of office for which elected elected $5000 X No. of years in the term of office for which elected Supreme Court Justice $6000 No change Retention District Court of Appeal $3000 No change Judge Retention County or Circuit Judge $1,500 $3,000 CPA or attorney services for preparation of financial disclosure filing. Costs to prepare, print, produce and mail holiday cards or newsletter re: elected official s public business to constituents, as long as the publication is not a political advertisement, independent expenditure, OR electioneering communication. Fees or dues to religious, civic, or charitable organizations of which the elected public official is a member. Items of modest value such as flowers, greeting cards, or personal notes given as a substitute for, or in association with, an elected official s personal attendance at special events or family occasions of constituents, such as child birth, graduation, wedding, or funeral. Personal expenses incurred in connection with attending a constituent meeting or event where public policy is discussed (no more than once a week). 11 Excess contributions must be disposed of by: (1) Paying for items which were obligated before the candidate withdrew, became unopposed, or was eliminated or elected; (2) Paying for expenditures necessary to close down the campaign office and to prepare final campaign reports; (3) Returning the funds pro rata to each contributor; (4) Donating to a charitable organization of a 501 (c)(3) organization; or (5) Giving the funds to the state(for a statewide candidate) or to a political subdivision (for a candidate for an office of such political subdivision). 12 HB 569 retains the current six (6) permissible methods for disposing of surplus funds. A candidate must disclose of all funds remaining in his or her campaign account and file a report within 90 days after the candidate is elected or eliminated, becomes unopposed, or withdraws from an election. 13 Please note that these include the current permissible uses. 5

17 Title of Legislation: Attorney Providing Review: HB 7013 Florida Election Code Chapter , Laws of Florida Elizabeth T. McBride ISSUE I. Summary of Bill Early Voting Days & Time Early Locations This bill makes some significant changes to Florida elections laws, so this bill summary is provided to Board members for informational purposes only If you have any questions regarding this legislation, it is recommended that you contact the Division of Elections. A summary of the changes are charted below for your convenience. This bill became law on May 1, 2013, but its effective date is January 1, Voting Absentee Ballots HB 7013 (Ch , L.O.F.) I. Provides a minimum of 8 days and a maximum of 14 days of early voting, beginning as early as the 15 th day before and ending the 2 nd day before an election; however, early voting must occur between the 10 th and 3 rd day before the election. II. Early voting optional and at the supervisor of elections discretion the Sunday before a general election. III. Permits between 8 and 12 hours per day for early voting, requiring a minimum of 64 hours and permitting a maximum of 168 hours of early voting. Expands early voting locations to include fairgrounds, civic centers, courthouses, county commission buildings, stadiums, convention centers, government-owned senior centers, and government-owned community centers. Permits supervisor to designate one additional site per county in an area where no eligible early voting locations. Requires supervisor to have at least the same number of early voting sites in a general election as were utilized in the 2012 general election. Requires absentee ballots requests for ballots which are to be sent to an address other than the one on file in the Fla. Voter Registration System to be made in writing and signed by the elector. 14 Absent uniformed service voters and overseas voters are exempt from requirement. Prohibits supervisor from delivering or providing an absentee ballot to a voter or a voter s immediate family member on election day unless there is an emergency rendering the elector unable to go to his or her polling place, and requires an affidavit attesting to the facts of the emergency. The affidavit is to be adopted by State Department by rule. Provides a method to cure an unsigned absentee ballot by submitting an affidavit up to 5p.m. on the day before an election. Makes it a first degree misdemeanor for a person who, for pecuniary or other benefit, distributes, orders, requests, collects, delivers or otherwise possesses more than two absentee ballots per election in addition to his or her own ballot or a ballot belonging to an immediate family member. Codifies that an absentee ballot from uniformed service voters and overseas voters must be counted if they were signed and dated, or postmarked, no later than election day and were received by the supervisor no later than 10 days after the election(per federal consent decree). Requires the counting of all votes cast in all races in a Presidential Preference Primary or 14 Fla. Stat

18 ISSUE Primary Date Election Voting in Different Precinct Multi-Language Ballots Legislative Summaries Ballot Late Registration of deployed military & family members County Canvassing Board Pre- Election Preparation Report No Zone Voting Vendors Voting Audit Solicitation System System ADA Voting Equipment Presidential Preference Primaries Committees Continuous Existence of HB 7013 (Ch , L.O.F.) general election (per federal consent decree). Moves the primary election date back to the Tuesday occurring 10 weeks before the general election. 15 Allows a voter who has moved from the precinct in which s/he is registered to vote a regular ballot in the precinct to which s/he has moved if the new precinct is in a county that uses an electronic database as the precinct register at the polling place. 16 Allows supervisors in counties subject to the federal multi-language ballot requirements to petition US Department of Justice for authority to print and deliver single language ballots for each minority language required. Imposes a 75-word limit on the first ballot summary of multiple summaries in a joint resolution; any other alternative ballot summary is not subject to the 75 word limitation; and an invalidated summary being rewritten by attorney general is not subject to the 75 word limitation. Authorizing military personnel and accompanying family members returning from deployment or activation, to register to vote after book closing if sufficient documentation is provided showing qualification for late registration. Requires the appointment of two alternative members to each canvassing boards, with chief judge required to appoint a county court judge as alternate and chair of board of county commissioners required to appoint a county commissioner. Requires each supervisor of elections to post on his or her official website, at least 3 months before a general election, a report outlining preparations for the upcoming general election, which must include: the anticipated staffing levels during early voting, on election day, and after election day; and, the anticipated amount of automatic tabulating equipment at each early voting site and poll place. Prohibits the solicitation of voters within 100 feet of a supervisor s office where absentee ballots are requested and printed on demand for convenience of voters. Creates process for State Department to investigate defective voting systems; provides for the suspension of sales and use of certain systems; imposes a penalty against vendors under certain circumstances; Requires voting system vendors to provide registered agent in state Supervisors provided the option to use of an automated, independent audit instead of conducting a manual audit; establishes the requirements for an automated audit. Automated independent, audit must consist of a public automated tally of the votes cast across every race appearing on the ballot in at least 20 randomly chosen precincts. Requires State Department to develop rules approval of automated audit system. Postpones from 2016 to 2020, the date a voting interface device meeting the voter accessibility requirements for individuals with disabilities, pursuant to the Federal Help America Vote Act 0f 2002(HAVA), must be met. Sets the date for the Presidential Preference Primary. Provides that gifts and honoraria from a committee of continuous existence remain subject to the gift ban in the Code of Ethics. 15 In 2011 legislation changed the ten weeks to twelve weeks prior. 16 Fla. Stat

19 Title of Legislation: Attorney Providing Review: SB 1500 Appropriations Act Chapter , Laws of Florida Blair LittleJohn I. Summary of Bill Florida Education Finance Program (FEFP): Total FY 2014 Allocation: $1,289,698,436 which represents an $80,574,436 or 6.7% increase. Categorical Increases or Earmarks Teacher salary increase: $33,108,787 FRS Employer rate increase: $14,967,000 Teacher supplies: $ 921,445 Earmarks represent $49million or 61% of the increase. FEFP Revenue Components Base Student Allocation $3, District Cost Differential: , down from Net Increase of $ over FY 2013, or 4.6% Teacher Supply Assistance $250 per teacher (actual $177 per teacher in FY 2013) Lottery Funding Allocation School Recognition $100 per FTE (same allocation as FY2013) School Improvement Funds no allocation for FY 2014 II. District Analysis The stated $2,500 and $3,500 increase includes the cost of benefits and assumes less than 90% of employees will qualify. Expansion of the scope of salary increases from classroom teachers to include instructional support teachers, principals and assistant principals, further reduces the average salary increase to less than $2,000 per FTE. This is intended to be a recurring salary increase, not a bonus. While the Governor exercised his line item veto on a number appropriations contained in this bill, none of the vetos appears to have any impact on the School District. III. District Action/Rulemaking (Policy) To be determined. 8

20 Title of Legislation: Attorney Providing Review: SB 1502 General Appropriations /Implementing Chapter , Laws of Florida Blair LittleJohn I. Summary of Bill This is the implementing bill for SB Specific provisions include: Section 2 incorporates the Florida Education Finance Program (FEFP) work papers by reference for the purpose of displaying the calculations used by the Legislature. Section 3 provides that funds provided for instructional materials shall be released and expended as required in the proviso language attached to Specific Appropriation 87. Section 4 incorporates by reference the document containing the calculations used for district bandwidth support. II. District Analysis The FEFP work papers correct the omission in SB 1500 where transportation was inadvertently omitted. III. District Action/Rulemaking (Policy) To be determined. 9

21 Title of Legislation: Attorney Providing Review: SB 1514 Education Funding Chapter , Laws of Florida Blair LittleJohn I. Summary of Bill Among other things, this bill: Authorizes school districts and virtual charter schools to provide virtual courses for a student in the summer for course completion when the student does not complete the virtual course by the end of the regular school year. Authorizes school districts and virtual charter schools to provide virtual courses for a student in the summer for credit recovery when a student has unsuccessfully completed a traditional or virtual education course during the regular school year and must re-take the course in order to be eligible to graduate with the student s class. Limits credits earned through the Florida Virtual School (FLVS) to 1.0 FTE. Limits school districts from requiring a student to take a course outside the school day that is in addition to the student s courses for a given term or on school grounds. Requires the maximum value for funding a student shall be as calculated by the Department of Education. Requires that if the sum of courses taken by a student is greater than 1.0, the membership value shall be equally distributed to all entities providing instruction so that the student s total FTE is equal to 1.0. Requires school districts and the FLVS to use a common student identifier to ensure that funding and FTE can be accurately distributed to all providers of student instruction and authorizes the State Board of Education to adopt rules for this provision. Provides that courses delivered by the FLVS on a public school campus shall be reported only by the school district in which the student is enrolled. Clarifies the role and responsibility of the Florida Virtual Campus to provide online academic support services, resources, and access to distance learning courses offered by the state s public postsecondary education institutions. Requires public schools to pay tuition costs from district FEFP appropriations to compensate colleges and universities for dually enrolled FTE. II. District Analysis This is the conforming bill to SB The provisions creating the largest impact on the District for the upcoming year is the requirement to split the FTE with virtual schools where students are taking classes at both a District school and a virtual school and the requirement that District s pay tuition to local colleges for students that are in dual enrollment programs. III. District Action/Rulemaking (Policy) To be determined. 10

22 Title of Legislation: Attorney Providing Review: SB 1852 Funding from the National Mortgage Settlement Chapter , Laws of Florida Blair LittleJohn I. Summary of Bill Among many other things, this bill provides appropriation from the General Revenue Fund of $10 million to the State Apartment Incentive Loan Program to fund the construction or rehabilitation of apartment units and $40 million to the Florida Housing Finance Corporation to fund housing down payment assistance loans. II. District Analysis There is no direct impact on the School District as a result of this bill. However, the apartment construction and rehabilitation program and the housing down payment assistance program may be a recruitment and retention tool for teachers and other qualifying District employees and prospective employees. III. District Action/Rulemaking (Policy) None. 11

23 Title of Legislation: Attorney Providing Review: HB 7009 Education: Choice, Charter Schools Chapter 2013-, Laws of Florida Bruce A. Harris I. Summary of Bill The legislation amends various provisions in the Charter School Statute and the Statutes relating to high performing charter schools, adds a new section to the employment provisions in the Education Code relating to teacher assignments, adds provisions relating to online assessments and technology, changes the calculation for compliance with class size reduction for choice schools, and creates the ability of a School Board to District innovation school of technology program. If approved by the Governor, the law becomes effective July 1, The Governor has until July 2, 2013 to take action. II. District Analysis Having reviewed the changes noted in the bill as well as the analysis of the bill by the FSBA, I agree with the below analysis by the FSBA relating to this legislation. Additions to the FSBA analysis are indicated in brackets. Charter Schools The bill amends s , F.S., relating to charter schools. With regard to charter school accountability, the bill: Prohibits an employee of the charter school, or his or her spouse, or an employee of a charter management organization, or his or her spouse, from being a member of the governing board of the charter school. Requires a charter school to provide to the sponsor a uniform monthly financial statement summary sheet based upon two forms from the Governmental Accounting Standard Board. Upon notice of nonrenewal, closure, or termination of its charter, the bill: o Prohibits expenditures of $10,000 or more, per expenditure, by a charter without the prior approval of the sponsor, with certain exceptions; 12

24 o Requires an independent audit of the charter school to be completed within 30 days; o Renders void and unenforceable any acceleration clause requiring expenditure of funds [upon this notice] in the charter contract; o Requires that a charter school may not enter into a contract with an employee that exceeds the term of the school's charter contract; o Grants the sponsor clawback authority to recoup improperly expended funds. Requires a charter school to maintain a website that provides the public with information about the school, including budget and financial information, academic performance, governing board members, and any management companies, service providers, or education management corporations associated with the school. With regard to charter school flexibility, the bill: Prohibits a sponsor from requiring a charter school to comply with an amended sponsor policy until it is mutually agreed upon and incorporated in the charter agreement. [Sponsor policies shall not apply to a charter school unless there is mutual agreement] Authorizes a school district to enter into nonexclusive interlocal agreements to issue permits to a charter school on behalf of governmental permitting entities. This is optional for both the sponsor and the charter school. The sponsor may charge a fee to cover the cost of providing this service. [Provides for modification of charters to include consolidating multiple charters into a single charter if they have the same governing board and are physically located on the same campus.] Authorizes an applicant to submit a draft application with a $500 application fee to the sponsor on or before May 1, receive feed-back from the sponsor on any deficiencies by July 1, and submit a revised final application by August 1. The sponsor must submit an annual report to DOE that includes information, including applicant contact information, on the number of draft applications received, the number of final applications received, the date each final application was approved, denied, or withdrawn, and the date each final contract was executed. DOE must compile an annual report based on this information. Requires that an appeal regarding the denial of an application by a high-performing charter school is conducted by the State Board of Education without convening the appeal commission. However, the Commissioner must review the appeal and make a recommendation to the state board. Provides that a sponsor has 30 (rather than 60) days after approval of an application to provide an initial proposed contract. The applicant and sponsor have 40 (rather than 75) days to negotiate the contract. In cases where negotiation disputes cannot be resolved through mediation, an administrative law judge has final order authority to rule on the dispute. 13

25 Prohibits the sponsor from requiring a charter school to have a certificate of occupancy or a temporary certificate of occupancy for the charter school facility earlier than 15 calendar days before the first day of school. o Requires the sponsor to make student academic achievement for all students the most important factor when determining whether to renew or terminate the charter. o [Prohibits a sponsor from requiring a charter school to identify the names of students enrolling before the start of the school year as a condition of approval or renewal of a charter.] Authorizes a charter school to create its own compensation and salary schedules and employee evaluation system, procedures and criteria [and for the governing board to designate at least one administrative person to be responsible for duties related thereto]. Authorizes a charter school to have at-will employees and to release at-will and annual contract employees without cause. Requires DOE to develop, and for sponsors to use, a standard charter contract and a standard renewal contract. [In an unnumbered section of Florida Statutes the bill further states that DOE shall develop this standard charter and a proposed definition of a management company by consulting with school districts and charter schools and providing the proposed charter to the Governor and Legislature by November 1, 2013.] High-Performing Charter Schools The bill amends s , F.S., relating to high-performing charter schools. The bill: Revises the authorization for a high-performing charter school to increase student enrollment by deleting the limit of increase of 15% and adding that any enrollment increase must not exceed the current facility capacity. Creates deadlines for a sponsor to provide a high-performing charter school a draft charter agreement [to increase enrollment] and for the parties to negotiate the charter agreement when a high-performing charter school requests to consolidate charters. Requires the Commissioner to annually determine whether a high-performing charter school continues to meet the required criteria for that classification. The bill amends s , F.S., relating to high-performing charter school systems. The bill: Requires an entity seeking classification as a high-performing charter school system to identify all charter schools in this state which the entity has operated or provided services for the previous 3 years, regardless of whether the entity currently operates or provides services for the charter school. For any charter schools that the entity no longer operates, the entity must identify the reasons the entity terminated the 14

26 operation or services or grounds stated by the charter school's governing board in terminating the operation or services of the entity. Requires the Commissioner to annually determine whether a high-performing charter school system continues to meet the required criteria for that classification. Assignment of Teachers The bill amends s , F.S., to prohibit a high school or middle school student from being assigned a classroom teacher that has received a performance evaluation rating of needs improvement or unsatisfactory if that child was taught by a classroom teacher that had received either of these evaluation ratings in the same subject area the previous school year. The bill also prohibits an elementary school student from being assigned a classroom teacher that has received a performance evaluation rating of needs improvement or unsatisfactory if that child was taught by a classroom teacher that had received either of these evaluation ratings in the previous school year. The bill provides an exception for extracurricular courses, subject to parental written consent. Technology Infrastructure for Online Assessments The bill creates unnumbered sections of Florida Statutes to provide that full implementation of online assessments for NGSSS in English/language arts and mathematics for all K-12 public school students shall occur only after the technology infrastructure, connectivity, and capacity of all public schools and school districts have been load tested and independently verified as ready for successful deployment and implementation. In addition, the technology infrastructure, connectivity, and capacity of all public schools and school districts that administer statewide standardized assessments, including online assessments, must be load tested and independently verified as appropriate, adequate, efficient, and sustainable. Class Size Compliance The bill amends s , F.S., relating to parental choice to provide that, for a school or program that is a public school of choice such as a virtual instruction program, magnet school, alternative school, special program, advanced placement, and dual enrollment the calculation for compliance with maximum class size is the average number of students at the school level. 15

27 District Innovation School of Technology The bill creates s , F.S., to establish a District Innovation School of Technology for the purpose of developing the innovative use of industry-leading technology while requiring high student academic achievement and accountability, in exchange for flexibility and exemption from certain provisions of ch , F.S. The exemption from the Education Code is similar to that provided to charter schools. A district school board is eligible to apply to the State Board of Education for a performance contract to operate [one] Innovation School of Technology if the district: Has at least 20% of its total enrollment in public school choice programs or at least 5% of its total enrollment in charter schools; Has no material weaknesses or instances of material noncompliance noted in the annual financial audit conducted pursuant to s , F.S.; and Has received a district grade of "A" or "B" in each of the past 3 years. [The bill identifies the requirements for the application and states the deadline for the State Board of Education to approve or deny the application.] A district school board may apply to the State Board of Education to establish additional Innovation Schools of Technology if other requirements are subsequently met. However, the bill places limits on the total number of Innovation Schools of Technology that may be established in a district. The bill also provides that three or more contiguous school districts may apply to enter into a joint performance contract as a Region of Technology. The bill requires an Innovation School of Technology to adopt and implement a blended learning program, and be open to any student covered in an inter-district agreement or residing in the school district. The bill permits enrollment preferences for students who identify the Innovation School of Technology as the student s preferred choice pursuant to the district s controlled open enrollment plan. The bill provides the following guiding principles for an Innovation School of Technology: Meet high standards of student achievement in exchange for flexibility with respect to statutes or rules. Implement innovative learning methods and assessment tools to implement a schoolwide transformation regarding industry-leading technology to improve student learning and academic achievement. Promote enhanced academic success and financial efficiency by aligning responsibility with accountability and industry-leading technology. 16