Volume 23 | Number 10 | March 15, 2016

he 2016 Legislative Session came to a cordial and diplomatic close Friday evening, unlike the rather messy unraveling that brought last year’s session to Tan abrupt end. State lawmakers accomplished quite a bit during their 60-day assembly, including the nearly unanimous, bipartisan passage of an $82.3 billion budget for the coming fiscal year.

Florida State University faired very well in the budget, with four of six funding priorities met, including an additional $10 million in recurring Preeminence dollars. For a com- plete list of the university’s allocations, please see the related chart.

Several large and important pieces of legislation passed on the last day of the session, and members of both chambers tried to tack multi-page amendments onto them.

A wide-ranging education bill, HB 7029, that includes pages of statutory changes for universities, was one of the last bills to pass. Additionally, lawmakers approved a $129.1 million package of tax breaks, which combined with a proposal to hold down local prop- erty taxes for public education, provided $400 million in tax relief for the coming fiscal year. Other important bills that passed this session are outlined in the Spotlight on Bills section of this newsletter.

Although pay raises for state employees were not part of the budget, healthcare ben- efits and retirement funds for state employees were also left unchanged for another fiscal year.

Governor Scott will have 15 days to issue vetoes and sign the budget bills into law when he receives them from the presiding officers. Once the budget and other important university-related legislation has been signed or vetoed, another Legisletter will be distributed with these outcomes. Until then, please feel free to contact me if you are interested in a particular issue, bill or budget item not found in this edition. I can be reached at (850) 644-4453 or [email protected]. STATE UNIVERSITY 2016-2017 QUICK BUDGET REFERENCE GUIDE HB 5001

PAGE DESCRIPTION LINE ITEM Operating Budget 42 General Revenue $237,453,654 142 Included in the base: College of Law – Scholarships $ 1,000,000 R American Legion Boys and Girls State Housing $ 100,000 R Institute for Charter School Research ( $ 250,000 R) High-Risk Delinquent & Dependent Youth Educational Research $ 1,569,000 R Innovation & Engineering Pipeline Project-Facility Renovations $ 2,000,000 NR FSU/UCF/FIU University Security Management Technology -- $900,000 --- FSU Portion $ 300,000 NR recurring for preeminence was NR in FY 2015-16 $ 3,450,000 R

Preeminence – additional for FY-2016-17 $ 10,000,000 R

4 Lottery $ 42,414,121 13 42 Student and Other Fees $238,310,768 142 44 Student Financial Assistance $ 1,467,667 151

43 SUS Performance Based Incentive $500,000,000 142 College of Medicine 44 General Revenue $ 35,379,583 147 Includes: Mental Health Early Screening $ 1,000,000 R 5 Lottery $ 605,115 17 44 Student and Other Fees $ 13,019,086 147 96 FSU – College of Medicine – Immokalee $ 450,000 R 466

43 FAMU/FSU College of Engineering $ 13,241,710 143 PECO 6 SUS FCO – Maintenance, Repair, Renovation 19 And Remodeling – $ 61,804,669 FSU – Maint. Repair. Reno … $ 8,825,475 8 Earth Ocean Atmospheric Science Building $ 12,000,000 22 Black Student Union Renovation $ 1,500,000

7 SUS Lab School – PECO $ 5,293,588 20 Proviso: …shall be distributed among the lab schools based upon full-time equivalent student membership. 16 SUS - Honorably Discharged Graduate Assistance/GAP $ 1,000,000 NR 76

Proviso: … are provided for supplemental need-based veteran educational benefits. Funds shall be used to assist in the payment of living expenses during holiday and semester breaks for active duty and honorably discharged members of the Armed Forces who served on or after September 11, 2001. To ensure students in public, as well as private institutions have an opportunity to receive funding, allocations to institutions shall be prorated based on the number of total eligible students at eligible institutions. 26 Florida Diagnostic and Learning Resource Ctr. 100 General Revenue – FSU $ 450,000 R 27 Autism/CARD - FSU College of Medicine 107 General Revenue $ 1,224,008 R Continued on next page Budget Reference Guide, continued

PAGE DESCRIPTION LINE ITEM 30 Communication/Autism Navigator – FSU Col of Medicine $ 1,353,292 R 112

Proviso: …shall be awarded to the College of Medicine for statewide implementation of an exceptional student education communication/autism navigator that includes core strategies and interventions through the Early Steps Program to increase the number of full integration placements of exceptional students into the standard classroom. 32 Public Broadcasting 119 Statewide Gov. & Cultural Affairs Programming $ 497,522 Florida Channel Closed Captioning - GR $ 390,862 Florida Channel Year Round Coverage – GR +proviso $ 2,562,588 FSU – Public Television $ 307,447 FSU – Public Radio Stations $ 100,000 FSU – Satellite Transponder $ 800,000

Proviso… From the funds provided in Specific Appropriation 119, "Governmental Affairs for Public Television" shall be produced by the same contractor selected by the Legislature to produce "The Florida Channel". 43 Performance Incentives $500,000,000 142 Proviso … $500,000,000 is provided for State University System Performance Based Incentives. The Board of Governors shall allocate all appropriated funds for State University System Performance Based Incentives based on indicators of institutional attainment of performance metrics adopted by the Board and as updated by the Board on November 6, 2014.

The Board of Governors shall evaluate the universities’ performance on the metrics based on benchmarks, adopted by the board which measure the achievement of institutional excellence or improvement. The funds available for allocation to the universities based on the performance funding model shall consist of the state’s investment of $225,000,000 in performance funding, plus an institutional investment of $275,000,000 consisting of funds to be redistributed from the base funding of the State University System. The state investment shall be distributed in accordance with the performance funding model… 43 Proviso: …the Board of Governors Foundation shall distribute $1,237,500 to state 142 universities for Johnson Scholarships in accordance with section 1009.75, F.S… 22 Proviso: From the funds provided in Specific Appropriations 7 and 90, $52,800,000 is 94 provided for the Sparsity Supplement as defined in section 1011.62(7), Florida Statutes, for school districts of 24,000 and fewer FTE in the 2015-2016 fiscal year. FSUS receives a portion of the Sparsity supplement. 192 Proviso …$1,000,000 in nonrecurring general revenue is provided to Florida State 1224 University Panama City to support participation of the Underwater Crime Scene Investigation program in the Joint Agency In-Water Strike (JAWS) 339 Proviso … may be utilized to promote and enhance $ 632,639 2466 collaborative research among State Universities. The Florida Public Hurricane Loss Model located at Florida International University may consult with the private sector and the Florida Catastrophic Storm Risk Management Center … 339 Enhancements to Public Hurricane Loss Model -- $ 850,000 2466A Proviso …FIU shall update the Florida Public Hurricane Loss Model in Coordination with the Office of Insurance Regulation; the Division of Emergency Management; the Florida Catastrophic Storm Risk Management Center, The Center for Ocean-Atmospheric Prediction Studies, and the Meteorology Department at FSU 415 State Health Insurance Plans and Benefits – Proviso Section 8 State Paid Premiums …For coverage period beginning August 1, 2015, the state share shall continue at the current rate…. 417 Proviso… Each state agency, at the discretion of the agency head, may expend funds Section 8 provided in this act for bar dues and for legal education courses for employees who are required to be a member of the Florida Bar as a condition of employment. 1 Proviso – No funds are appropriated in Specific Appropriations 1 – 161 for the payment of Section 1 rent, lease or possession of space for offices or any other purpose or use at Northwood Centre, 140 North Monroe Street, Tallahassee, Florida, pursuant to State of Florida Lease Nos. 720:0139, 480:04570, 480:0644 or 480;M139 or Florida State University Lease No 2011:101, or any other lease, by the Department of Education or any state university, notwithstanding any lease or contract to the contrary. The Department of Education Continued on next page Budget Reference Guide, continued

PAGE DESCRIPTION LINE ITEM 1 cont. and all state universities are is prohibited from expending any specific appropriation from the General Revenue Fund, any trust fund or from any other source for the rent, lease or possession of any space for offices or other purpose or use at Northwood Centre, 1940 North Monroe Street, Tallahassee, Florida, pursuant to State of Florida Lease Nos. 720:0139, 480:04570, 480:0644 or 480;M139 or Florida State University Lease No 2011:101, or any other lease. 421 Proviso -- …facilities may be constructed or acquired from non-appropriated sources, Section 11 which upon completion will require general revenue funds to operate.

FSU – JMS Building (Building No. 2021) – The building will be donated to FSU, will house an entrepreneurial innovation center, 20,000 gsf.. 422 Proviso - …may be constructed, acquired, and financed by a university or university direct Section 12 support organization. Financing mechanisms include any form of approved debt or bonds authorized by the Board of Governors.

FSU – Hotel Convention Center

Note: Page numbers are in correlation with the printed page numbers, there may be some variation from the online page numbers.

The budget may be found at: www.myfloridahouse.gov

R = Recurring NR = Non-recurring LEGISLETTER FLORIDA STATE UNIVERSITY GOVERNMENTAL RELATIONS

Volume 19 | Number 1 | January 9, 2012

BILLS THAT PASSED listing of faculty ranking pub- • Open Enrollment. Enables stu- BILLS THAT HAVE PASSED ORlications. FAILED dents, beginning in the 2017-2018 CS/CS/HB 7029 – Education school year, to attend any public Choice by Representative Bob o Creates standards and bene- school in the state, including char- Cortes (R – Maitland), became fits for “Emerging Preeminent ter schools, subject to maximum an overarching comprehensive State Research Universities.” class size requirements, capacity education bill. The bill was heavily and other specified provisions. amended in the last days of session o Renames the “Florida Na- and includes parts of several bills that tional Merit Scholar Incen- • Charter Schools. Expands options we were tracking throughout the leg- tive Program” to the “Benac- pertaining to charter school ac- islative session including, SB 524, SB quisto Scholarship Program”, countability and flexibility. 962, SB 470, HB 669, SB 1060, 1136, and requires all eligible state SB 1166, HB 1359, HB 1403, HB 31, universities (and encourages o Accountability: Requires spe- HB 907, HB 693, HB 7021, HB 7043, all eligible Florida public or cific information in the applica- HB 7039, HB 873, HB 119, HB1003. independent postsecondary tion process; requires monthly Provisions in the bill include: educational institutions) to financial statements upon ex- become college sponsors of ecution of the charter contract; Requires each state university the National Merit Scholar- prohibits charter schools from board of trustees to select its chair ship Program. basing admission or dismissal and vice chair from the appointed on a student’s academic per- members, with specified term lim- o Preeminent State Research formance; creates require- its, and publish notification require- University Special Course ments when a charter school ments regarding attendance and Requirement Authority in s. voluntarily closes; automati- meeting materials. 1001 .7065 (7) is reduced to 6 cally terminates double-F char- credits, from the current 9-12 ter schools; requires annually o SUS Performance Funding. credit authorization. a specified number of charter Extends the State University school meetings to be held in System (SUS) performance- • District School Boards. Permits the school district where the based incentive funding the proration of dues paid to charter school is located; pro- program to award SUS in- membership associations, autho- vides that a charter school stitutions for attainment of rizes school board members to must be located in Florida to be metrics adopted by the Board visit schools in their districts, and eligible to receive PECO; and of Governors (BOG). Revis- allows returning retirees to be re- revises reading requirements es metrics to include wage hired in the same manner as new to shift to evidence-based thresholds that reflect the teachers are employed. reading and provide parents added value of a baccalaure- with information concerning ate degree. • Parent Information and Options. reading deficiencies. Enables a parent to request a dif- SUS Preeminence. Modifies ferent classroom teacher for his o o Flexibility: Authorizes charter standards that apply to Pre- or her child, clarifies student no- schools to seek an injunction eminent State Research Uni- tification requirements pertaining to enforce existing require- versities to include adjust- to the pledge of allegiance, and ments for local governments ment to the SAT score scale; defers calculation of VPK readi- to treat charter schools equi- expanding listing of rankings ness rates for an additional year tably as compared to public publications; and, expanding pending additional data. schools; authorizes charter school governing board mem- to prorate FTE for schools that the ability of an institution to bers to attend meetings via provide less than 900 hours of submit an improvement plan to communications media tech- instruction (e.g., public schools, the SBE. nology; revises first quarter double-session schools, experi- funding methods for charter mental calendar schools, and • Codifies the Adults with Disabili- schools, with specified pay- emergency conditions), autho- ties Workforce Education Program. ment times and amounts; pro- rizes recalculation of the ESE • Charter Schools Capital Outlay. hibits districts from delaying guaranteed amount for school Retains the Senate’s position de- the issuance of funds, includ- districts, provides funds to school leting priority preferences and ing local funds; clarifies that districts for federally connected clarifying financial stability re- an existing charter school that students, authorizes performance quirements for charter school is seeking to become a virtual funding for certain CAPE industry capital outlay. However, removes charter school must amend its certifications, increases teacher the Senate’s provisions that pro- application or submit a new ap- bonuses for CAPE industry cer- hibited personal enrichment and plication; and expands charter tifications, and requires a school established a weighted funding school in a municipality enroll- district to add 4 special consider- model for state charter school ment preferences. ation points to the calculation of capital outlay funds; and changed a matrix of services for a student from 3 to 2 years the length of • Choice Options. Expands options who is deaf and enrolled in an au- time a charter school must be in pertaining to the credit accel- ditory-oral education program. eration program (CAP), provides operation to be eligible for capital options to meet online gradua- • Educator Professional Prepara- outlay funding. tion requirements, and updates tion and Development. Authorizes • Controlled Open Enrollment. Re- terminologies to reflect the cur- charter schools to offer educa- vises home education program rent ACT test, ACT Aspire, which tion competency and professional and Florida Virtual School stu- has replaced the Preliminary ACT preparation for instructional per- dent options so the student may (PLAN) test. sonnel. participate in an extracurricular activity at the public school the Extracurricular Activities. Pro- • • Postsecondary Education. Cre- student would be assigned, or vides district school boards with ates, re-enacts and amends vari- could choose to attend, pursuant responsibility to determine (in ous education and funding and to controlled open enrollment. student code of conduct) stu- scholarship programs. Makes optional, instead of man- dent eligibility requirements and datory, charter school enrollment subsequent disciplinary actions Distinguished FCS Program. o preferences as part of controlled through suspension and expul- Creates program as a collab- open enrollment. sion policies, enables students to orative partnership between be immediately eligible to try out the State Board of Education • Special Facilities. Requires EDR to for athletic activities under certain (SBE) and the Legislature to conduct the study of cost per stu- conditions, specifies restrictions recognize the excellence of dent station amounts using the for same sport participation in a Florida’s highest-performing most recent information on con- subsequent school, allows private Florida College System (FCS) struction costs. schools to join the Florida High institutions. Establishes 7 ex- • Pledge of Allegiance. Clarifies ex- School Athletic Association (FH- cellence standards; requires isting law to provide that students SAA) by sport (and public schools the SBE to designate each FCS must show full respect for the flag to do same per FHSAA approval), institution that meets 5 of 7 by standing at attention and re- specifies 3 tiers of increased pen- standards as a distinguished moving headdress, except for re- alties for recruiting violations, college; and permits funding as ligious purposes; however, upon a specifies remaining duties of the provided in the General Appro- parent’s request a student may be FHSAA, and revises the FHSAA’s priations Act. excused from standing and saying burden of proof from “clear and the pledge of allegiance. convincing” to a “preponderance o College Performance Funding. of the evidence” (not applicable to Re-enacts performance-based o Requires high-performing student eligibility). incentive funding program to charter schools to continually award FCS institutions for at- meet the same requirements • School Funding. Revises minimum taining metrics adopted by the for initial eligibility and annual term school funding provisions SBE. Beginning in 2017-2018, continuing eligibility. o Expands public school reading tal textbooks and instructional lence standards identified in law as requirements relating to inter- materials. The bill requires an an “emerging preeminent state re- ventions and instructional sup- opt-in provision for students search university.” Also modifies the ports for students in kindergar- and stipulates that policies academic and research excellence ten through grade 3 who are may only be adopted if there is standards of the preeminent state identified as having a substan- documented evidence of cost research universities program and tial reading deficiency, as well savings; establishes funding parameters for as, teacher certification and universities designated as “preemi- o Requiring public postsecond- training requirements relating ary institution to post in the nent” or “emerging preeminent.” This to specialized reading compe- course registration system and language also passed in HB 7029, tencies. on its website at least 45 days permanent law. This language also passed in HB 7029, perma- o Creates the Seal of Biliteracy before the first day of class for Program to recognize high each term a hyperlink to lists nent law. school graduates who attain a of required and recommended Preeminent State Research Uni- high level of competency in for- textbooks and instructional versity Special Course Require- materials for at least 95 per- eign languages. ment Authority in s. 1001 .7065 (7) cent of all courses and course is reduced to 6 credits, from the cur- Effective July 1, 2016 sections; rent 9-12 credit authorization. This Establishing deadlines for in- o language also passed in HB 7029, structors or departments to permanent law. CS/HB/7019 – Postsecond- notify the bookstore of required ary Access and Affordability by and recommended textbooks State University System Perfor- Representative Elizabeth Por- an instructional materials; mance Based Incentive – Requires ter (R – Lake City, FSU Alum), o Requiring public postsecond- the BOG to establish minimum per- promotes college affordability by: ary institutions to conduct cost formance funding eligibility thresh- benefit analyses and report an- olds for both the state’s investment • Requiring public postsecondary nually to chancellors on imple- and the institutional investment. Ad- institutions to publicly notice any mentation of textbook afford- ditionally, the bill: proposal to increase tuition or fees ability policies; at least 28 days prior to consider- 1. A state university that meets the ation by the board of trustees. Deletes the Board of Trustees au- minimum institutional invest- thority to establish tuition for grad- ment eligibility threshold, but • Requiring the SBE and the BOG uate and professional programs and fails to meet the minimum state to annually identify strategies and out-of-state fees for all programs investment eligibility threshold, initiatives to promote college af- and reverts to Board of Governors. shall have its institutional invest- fordability (including the impact ment restored but is ineligible for of tuition and fees, financial aid Effective July 1, 2016 a share of the state’s investment policies, and textbook costs) and in performance funding. submit an annual report to the 2. Clarifies that an institution that Governor, Senate President, and HB 5003 – Implementing by fails to meet the BOG’s threshold Speaker of the House of Repre- Representative Richard Corco- for the institutional investment sentatives. ran (R – Lutz), contains provisions shall have its entire institutional Enhancing the current textbook • necessary to effect the general ap- investment withheld (previous affordability law to include “in- propriations bill and is effective for practice was to withhold a portion structional materials” and to pro- one fiscal year only. Following are of the institutional investment). vide students with sufficient time some of the issues contained in this This language also passed in and information to seek out the year’s bill: HB 7029, permanent law. lowest available prices by: Emerging Preeminence – Amends Postsecondary Distance Learning o Authorizing state university s. 1001.7065, F.S. relating to the Pre- Fees – Clarifies that theaverage dis- and Florida College System eminent State Research Universi- tance learning course fee assessed institution boards of trustees ties Program to require the Board of by a state university may not exceed to adopt policies that allow in- Governors to designate each state $30 per credit hour. novative pricing techniques university that meets at least six of and payment options for digi- the 12 academic and research excel- Teacher Liability Insurance – Amends s. 1012.75(3) to create the HB 7099 – Taxation by Repre- member of the United States Armed Florida educators professional liabil- sentative Matt Gaetz (R – Shali- Forces residing or stationed outside ity insurance program which protects mar, FSU Alum), promotes $129.1 of the state at the time of enrollment public school educators and admin- million in tax payer savings combined at a state university, Florida College istrators from liability for monetary with a proposal to hold down local System institution, career center, or damages and the cost of defense of property taxes that would otherwise charter technical career center. Ef- go into the state’s school-funding for- their actions. Requires DOE to notify fective July 1, 2016 mula for a $400 million in tax breaks. all instructional personnel by August The issue involves part of the for- 1 of pending procurement for liability mula known as “required local effort.” HB 1219 – Veterans’ Employ- insurance and by September 1 for the actual coverage provided. Also The bill also revises how taxes are cal- ment by Representative Jake amends s. 1012.39, F.S. to require dis- culated on alcohol and tobacco sales Raburn (R – Valrico), revises the trict school boards to notify a student for cruise ships within Florida waters, section of Florida law governing vet- performing clinical field experience on pear cider, and on an excise tax on erans’ preference in appointment of the availability of educator liabil- aviation fuel, which is a discount for and retention. Specifically, the bill: ity insurance under s. 1012.75. Pro- most carriers. • Requires each state agency, and hibits a postsecondary educational The bill also exempts sales taxes on allows each political subdivision institution or district school board food and drinks sold by veterans’ or- of the state, to develop and imple- from requiring a student enrolled in a ganizations and phases out -- over ment a written veterans’ recruit- state-approved teacher preparation three years -- a sales tax on asphalt ment plan; program to purchase liability insur- used for government projects. • Requires each veterans’ recruit- ance as a condition of participation ment plan to establish and meet in any clinical field experience. This Additionally, the bill provides a sales annual goals for ensuring the full language also passed in HB 719 tax holiday on clothing and school use of veterans in the agency’s or and has been signed into law by supplies from August 5, 2016 – Au- subdivision’s workforce; the Governor. gust 7, 2016. Effective July 1, 2016 • Requires the Department of Man- agement Services (DMS) to col- Financial Aid – Requires postsec- lect statistical data for each state ondary institutions to conduct an CS/CS/HB 1075 – State agency on the number of persons assessment of all financial resources Lands by Representative Matt who claim veterans’ preference, available to each student, including: Caldwell (R – Lehigh Acres), the number of persons who were consolidates the acquisition and sur- hired through veterans’ prefer- • Pell grants and other federal aid plus procedures for non-conserva- ence, and the number of persons tion lands and for conservation lands. who were hired as a result of the State grants and Scholarships, in- • Additionally, the bill clarifies that be- veterans’ recruitment plan; and cluding merit awards fore a property is offered for sale or • Requires DMS to annually update lease to a local or federal unit of gov- the statistical data on its website • Institutional awards for merit or ernment or a private party, it will be and include the statistics in its an- need first offered to state agencies, state nual workforce report. universities and Florida College • Private awards for merit or need System (FCS) institutions, with The bill requires each veteran’s re- cruitment plan to apply to the same • Any other grant or scholarship priority given to state universities veterans and veterans’ family mem- available to the student. and FCS institutions. Universities have 60 days to submit a plan for bers that are included in the Florida Accountability Report – Requires review and approval. Effective July law governing veterans’ preference in appointment and retention. Effec- that by March 15 of each year, the 1, 2016 tive October 1, 2016 Board of Governor submit an annual accountability report. This language expires effective July 1, 2017 and the HB 799 – Out-of-State Fee accountability report due date will re- Waivers for Active Duty Military HB 1157 – Postsecondary Edu- vert to December 31 of each year. by Representative cation for Veterans by Rep- (R – Hialeah), creates an out-of- resentative (R Effective July 1, 2016 state fee waiver for an active duty – Valrico), expands Florida law to allow eligible members of the United ties for school administrators em- HB 189 – Teacher Certification State Armed Forces and honorably ployed by virtual schools; former by Representative Manny Diaz, discharged veterans to earn college charter school governing board Jr. (R – Hialeah Gardens), pro- credit at public postsecondary insti- members; and former district vides that an expert in the field who tutions for college-level training and school superintendents, assistant meets general educator certification education acquired in the military. superintendents, or deputy super- requirements and holds a temporary intendents. certificate may immediately begin The bill requires the Department of teaching in a classroom as the teach- Education to include the Excelsior Requires all commission mem- • er of record. However, temporary College subject examination, De- bers to be Florida residents and certificates expire after three years fense Activity for Non-Traditional Ed- authorizes the appointment of and are nonrenewable. While serving ucation Support (DANTES) subject emeritus members. as a classroom teacher, temporary standardized test, and Defense Lan- • Authorizes the Commissioner of certificate holders may pursue a pro- guage Proficiency Test (DLPT) on the Education to issue a letter of guid- fessional educator certificate, which list of acceleration mechanisms for ance to a certified educator upon lasts for five years and is renewable, which credit may be awarded. finding that probable cause to pros- by completing at least 15 hours of ad- ecute a complaint does not exist. Additionally, the bill modifies an ex- ditional coursework and participating • Authorizes the Department of isting tuition waiver qualification re- in on-the-job training. This require- Children and Families to disclose quirement for eligible recipients of ment applies even if the teacher has child abandonment, abuse, or ne- a Purple Heart, or superior combat proven to be highly effective. glect records to Department of decoration. The bill expands the tu- Education (DOE) employees who Temporary certificate holders with a ition waiver to include any eligible investigate or prosecute miscon- master’s degree or higher in STEM recipient of a Purple Heart, or supe- duct by certified educators. fields (science, technology, engineer- rior combat decoration, enrolled in ing, and mathematics), even if rated an eligible postsecondary institution In addition, the bill eliminates the July highly effective, must still complete who currently is a Florida resident, or 1, 2016, expiration date for the educa- was a Florida resident at the time of at least 15 hours of additional course- tor liability insurance program, which work within three years to earn a pro- the military action that resulted in the provides liability coverage for all full- fessional certificate. awarding of the Purple Heart or other time public school instructional per- superior combat decoration. sonnel. The bill also prohibits post- To make a professional certificate secondary educational institutions The bill also requires the Department more attainable for individuals with and school districts from requiring a of Education to include successful expertise in STEM fields, the bill al- student participating in a clinical field completion of a United State Defense lows an individual to earn a profes- experience to purchase liability insur- Language Institute Foreign Language sional certificate for grades 6 through ance as a condition of participation. Center program or passing score on 12 in a STEM subject without having to complete additional coursework if the Defense Language Proficiency With respect to teacher recruitment, the individual: Test (DLPT) to the documentation the bill authorizes, rather than re- an individual may provide to demon- quires, DOE to sponsor a centrally • Meets the general certification re- strate mastery of subject area knowl- located job fair to help match edu- quirements; edge for purposes of meeting teacher cators with teaching opportunities • Holds a master’s or higher degree certification requirements. Effective in the state. The bill requires DOE to in the area of science, technology, July 1, 2016 coordinate a best practice commu- engineering, or mathematics; nity to help school districts recruit • Passes the subject area examina- and perform other human resources tion for the correlating certificate; HB 719 – Education Personnel functions with up-to-date knowledge. • Passes the professional educa- by Representative Ross Spano The bill also deletes obsolete State tion competency examination re- (R – Riverview, FSU Alum), re- Board of Education rulemaking au- quired by state board rule; vises several provisions related to thority regarding certain teacher as- Teaches a high school course in education personnel. With respect to signment requirements. The bill pro- • the subject of the advanced de- educator discipline, the bill: motes effective school leadership by providing standards for approval of gree; and • Revises the membership of the school leader preparation programs. • Is rated highly effective under Education Practices Commission Effective July 1, 2016, Chapter the school district’s performance to include membership opportuni- 2016-58 evaluation system, based in part on student performance as mea- state license, including revocation held by the board to determine such sured by a statewide standard- and suspension. The NLC requires impact. ized assessment or an Advanced all states to report to a coordinated Placement, Advanced Interna- licensure information system (CLIS), Effective December 31, 2018, or tional Certificate of Education, or all adverse actions taken against a upon enactment of the Nurse Li- International Baccalaureate ex- nurse’s license or multistate licen- censure Compact into law by 26 amination. sure practice privilege, any current states, whichever occurs first. significant investigative information, Effective July 1, 2016 and denials of applications. All party states may access the CLIS to see li- HB 423 Drug Prescription by censure and disciplinary information Advanced Registered Nurse HB 1061 – Nurse Licensure Com- for all nurses licensed in the party Practitioners & Physician As- pact by Representative Cary states. A state may designate the in- sistants by Representative formation it contributes to the CLIS Pigman (R – Sebring), authorizes Cary Pigman (R – Sebring), au- as confidential, prohibiting disclo- Florida to enter into the revised The thorizes advanced registered nurse sure to nonparty states. Nurse Licensure Compact (NLC or practitioners (ARNP) to prescribe, compact). The NLC is a multi-state The NLC establishes the Interstate dispense, order, and administer agreement that establishes a mutual Commission of Nurse Licensure controlled substances, but only to recognition system for the licensure Compact Administrators (commis- the extent authorized under a su- of registered nurses and licensed sion) to oversee the operation of the pervising physician’s protocol. The practical or vocational nurses. In 2015, NLC. Each party state’s compact ad- bill also authorizes physicians as- the National Council of State Boards ministrator (the head of the state’s sistants (PA) to prescribe controlled of Nursing adopted revised model leg- licensing board or designee) must substances that are not listed on the islation for the NLC and required any participate as a member of the com- formulary established by the Council state entering the NLC to adopt the mission. The NLC grants the com- on Physician Assistants, under cur- revised model legislation. mission authority to promulgate uni- rent supervisory standards. The bill subjects ARNPs and PAs to admin- Under the NLC, a nurse who is issued form rules to, among other things, a multistate license from a state that facilitate and coordinate the imple- istrative disciplinary actions, such as is a party to the compact is permitted mentation and administration of the fines or license suspensions, for vio- to practice in any other state that is NLC. The commission may also take lating standards of practice in law re- also a party to the compact. However, any necessary action to secure the lating to prescribing and dispensing the nurse must comply with the prac- compliance of a party state that fails controlled substances. The bill adds tice laws of the state in which he or to meet the obligations of the NLC, specific prohibited acts related to the she is practicing or where the patient including termination of membership prescribing of controlled substances, is located. A party state may continue after exhausting all means of secur- which constitute grounds for denial to issue a single-state license, autho- ing compliance. of license or disciplinary action, into rizing practice only in that state. the Nurse Practice Act. The NLC provides for the qualified Pursuant to the bill, a nurse who ap- immunity, defense, and indemnifica- The bill requires ARNPs and PAs who plies for or renews a multistate license tion of the administrators, officers, prescribe controlled substances for in Florida must meet the minimum executive director, representatives, the treatment of chronic nonmalig- requirements of the NLC and any and employees of the commission in nant pain to meet certain registra- other requirements set by the Florida civil actions that arise under certain tion and prescribing requirements, Board of Nursing (board) within the circumstances. The NLC does not but prevents ARNPs and PAs from Department of Health (DOH). The abrogate or waive the sovereign im- prescribing controlled substances in NLC does not change the current li- munity of its party states. registered pain management clinics. censure requirements under ch. 464, F.S., the Nurse Practice Act. The bill also requires the DOH to The bill adds ARNPs and PAs into conspicuously designate each nurse the definition of “practitioner” in the Under the NLC, a state may take ad- license as a multistate license or a Florida Comprehensive Drug Abuse verse action against the multistate single-state license. The bill requires Prevention and Control Act (Act) re- licensure privilege of any nurse prac- the Florida Center for Nursing to ana- quiring compliance with the prescrib- ticing in that state. The home state lyze the impact of the state’s partici- ing and dispensing requirements and has the exclusive authority to take pation in the NLC and authorizes the limitations under the Act. Effective adverse action against the home center to request certain information July 1, 2016 CS/HB 229 Bullying and Ha- HB 273 – Public Records by Rep- fore the plaintiff files the civil action. rassment Policies in Schools by resentative Halsey Beshears The bill specifies that a contractor Representative Joe Geller (D – (R – Monticello, FSU Alum), re- who complies with the public record Dania Beach, FSU Alum), revises quires a public agency contract for cost of enforcement. Effective upon current law by requiring each district services with a contractor to include becoming law, Chapter 2016-20 school board to review its anti-bul- a statement in large, boldface font in- lying and harassment policy every forming the contractor of the contact three years. The policy review must information of the public agency’s SB 672 – Educational Options involve students, parents, teachers, custodian of public records (records by Senator Don Gaetz (R – Des- administrators and other community custodian) and instructing the con- tin), establishes mechanisms for the stakeholders. Each district school tractor to contact the records cus- approval of unique postsecondary board must also authorize a list of todian concerning any questions the education programs tailored to the prevention programs that provide contractor may have regarding the needs of students with intellectual instruction to community stakehold- contractor’s duties to provide public disabilities and the statewide coor- ers on how to identify and respond to records relating to the contract. dination of information about pro- bullying or harassment. The bill also The bill repeals the requirement that grams for students with disabilities. clarifies that there must be a proce- each contract for services require Specifically, the bill includes two key dure for receiving reports of alleged the contractor to transfer its public components: acts of bullying and harassment. records to the public agency upon • A process through which postsec- The bill makes each school principal termination of the contract. Instead, ondary institutions in Florida can responsible for implementing the the contract must address whether voluntarily seek approval to offer district school board’s bullying and the contractor will retain the public a Florida Postsecondary Com- harassment policy, prevention pro- records or transfer the public records prehensive Transition Program grams, and reporting procedures. to the public agency upon comple- (FPCTP) for students with intel- Effective July 1, 2016 tion of the contract. lectual disabilities; and The bill requires a request for public • A Florida Center for Students with records relating to a contract for ser- Unique Abilities (statewide co- SB 7030 -- Competitive Solici- vices to be made directly to the con- ordinating center) for statewide tation or Negotiation Strate- tracting public agency. If the public coordination of information re- gies by Senator Jeremy Ring agency determines that it does not garding programs and services for (D – Margate), removes the sched- possess the records, it must imme- students with disabilities and their uled repeal date of October 2, 2016, diately notify the contractor and the parents. in both the public records exemption contractor must provide the records law and the public meetings exemp- or allow access to the records within The bill awards incentive payments tion law. The bill permits the public a reasonable time. A contractor who to school districts and charter records and public meetings exemp- fails to provide the records to the schools that implement districtwide tions relating to agency competi- public agency within a reasonable or schoolwide, standard student at- tive solicitations to continue as they time may be subject to certain penal- tire policies applicable to students in currently exist. Effective October 1, ties. kindergarten through grade 8. Each 2016, Chapter 2016-49 school district or charter school qual- Additionally, The bill provides that if a ifies for a minimum award of $10 per civil action is filed to compel produc- student if it implements a policy that: tion of public records, the court must CS/SB 350 – Online Procure- assess and award against the con- • Prohibits certain types or styles ment by Senator Bill Montford tractor the reasonable costs of en- of clothing, while requiring solid- (D – Tallahassee, FSU Alum), au- forcement, including attorney fees, if colored clothing and fabrics and thorizes district school boards, Flori- the court determines that a contrac- short- or long-sleeved shirts with da College System institution boards tor unlawfully refused to comply with collars; and of trustees and university boards of the public records request within • Allows reasonable accommoda- trustees to make purchases through a reasonable time, and the plaintiff tions based on a student’s religion, an online procurement system, elec- provided written notice of the public disability, or medical condition. tronic auction service, or other ef- records request to the public agency ficient procurement tool. Effective and the contractor. The notice must The bill amends a number of provi- July 1, 2016, Chapter 2016-31 be sent at least 8 business days be- sions of the Florida Personal Learn- ing Scholarship Account (PLSA) service work requirements for the struction by Representative program. The provisions increase Florida Bright Futures Scholarship (R – Clearwater), student access, tighten accountabil- Program awards, including Florida requires character-development pro- ity, and streamline administration. Academic Scholars (FAS), Florida grams in high schools to include in- Additionally, the bill amends provi- Medallion Scholars (FMS), Florida struction on: sions for the Florida Tax Credit (FTC) Gold Seal Vocational Scholars (FGS- scholarship program. Effective July VS) awards, and adding the require- • Developing leadership skills, inter- 1, 2016, Chapter 2016-2 ment for the newly created Florida personal skills, organization skills, Gold Seal CAPE Scholars award. The and research skills; bill modifies the requirements by: • Creating a resume; Developing and practicing the SB 7076 – Legislature by Sena- • • Clarifying that community service skills necessary for employment tor Garrett Richter (R – Naples), work must be volunteer work and interviews; requires the Legislature to convene in prohibits any student from receiv- • Managing stress and expecta- Regular Session on January 9, 2018. ing remuneration or academic tions; and Effective upon becoming law. credit for such work; • Developing skills that enable stu- • Expanding volunteer service work dents to become more resilient areas to include a civic issue or a and self-motivated. CS/SB 793 – Bright Futures professional area of interest; Scholarship Program by Rep- • Providing that volunteer work may School districts currently provide a resentative Marlene O’Toole (R include, but not be limited to, a variety of character-development – The Villages), creates the Florida business or government intern- programs for K-12 students. The Gold Seal CAPE Scholars award as ship, employment with a nonprofit specified requirements for high an alternative to the current Florida community service organization, school students are not expected to Gold Seal Vocational Scholars award. or activity on behalf of a candidate have any fiscal impact on school dis- A student may qualify for the Florida for public office; and tricts. Effective July 1, 2016 Gold Seal CAPE Scholars award if he • Establishing accountability re- or she meets the general eligibility re- quirements for student volunteer quirements for the Florida Bright Fu- work that includes documentation CS/CS/CS/HB 1125 – Eligibil- tures Scholarship program and earns in writing by the student, the stu- ity for Employment as Child a minimum of five postsecondary dent’s parent, and a representa- Care Personnel by Represen- credits through CAPE industry certi- tive of the organization for which tative Charles McBurney (R fications which articulate for college the student worked. , makes the new credit. The new scholarship allows for – Jacksonville) federal Child Care and Development additional credit hours upon comple- The number of community service Block Grant (CCDBG) background tion of a technical degree in certain hours required for each Bright Fu- screening requirements apply to all instances. tures award remains unchanged. child care personnel regardless of The bill modifies the initial eligibil- The bill eliminates references to out- whether their employer child care ity period for the Florida Bright Fu- dated eligibility requirements for the provider receives federal CCDBG tures Scholarship Program for stu- FAS and FMS awards, and removes funding. The bill prohibits DCF from dents who are unable to accept an the higher test score requirement granting exemptions for employment award due to full-time religious or for home education students whose as child care personnel to persons service obligations lasting at least 18 parents cannot document a college- who have been: months. Eligible students can defer preparatory curriculum. Specifically, • Registered as a sex offender as the 2-year initial award period and the bill provides that test score re- described in 42 U.S.C. s. 9858f(c) the 5-year renewal period until the quirements are the same for stu- (1)(C) and are subject to the reg- student completes the religious or dents enrolled in home education istration requirements under the service obligation. The organization programs as they are for all other Adam Walsh Child Protection and sponsoring the full-time religious or high school students qualifying for Safety Act; or service obligation must be a federal the FMS award. Effective upon be- • Arrested for and are awaiting fi- government service organization or coming law. satisfy the Internal Revenue Code’s nal disposition of, found guilty of, requirements for nonprofit status. regardless of adjudication, or en- tered a plea of nolo contendere The bill modifies student community CS/HB 1147 Educational In- or guilty to, or have been adjudi- cated delinquent and the record CS/CS/SB 752 -- Public Re- contributions to the survivor benefits has not been sealed or expunged cords/Office of Inspector Gen- account of the FRS Trust Fund. for certain state felonies and mis- eral Identifying and Location demeanors enumerated in the bill Information by Senator Joe The new survivor benefits established that are aligned with the crimes Abruzzo (D – Wellington), ex- by this bill are available to members in the Special Risk Class killed in the listed in the federal requirements. empts from public inspection and line of duty on or after July 1, 2013. disclosure certain personal identify- Effective July 1, 2016 Individuals who currently have ex- ing information of a current or former emptions allowing employment are employee of an agency’s office of in- now prohibited from such employ- spector general or internal audit de- ment, and must be rescreened by Au- partment. The exemption applies to CS/CS/HB 249 – Culinary gust 1, 2016. Effective July 1, 2016 those employees who perform cer- Education Programs by Rep- tain auditing and investigative duties. resentative Jared Moskowitz The exemption also covers an agency (D – Coral Springs), amends the HB 93 – Law Enforcement Offi- employee’s spouse and children. Ef- definition of “public food service es- cer Body Cameras by Represen- fective upon becoming law. tablishment” to include a culinary education program that offers, pre- tative Shevrin Jones (D – West pares, serves, or sells food to the Park), requires law enforcement general public, making it subject to agencies that permit law enforce- SB 7012-- Death Benefits un- the regulation and oversight of the ment officers to wear body cameras der the Florida Retirement Sys- Division of Hotels and Restaurants. to develop policies and procedures tem by Senator Jeremy Ring (D Under current law, a culinary educa- governing the proper use, mainte- , primarily makes two – Margate) tion program is subject to the food nance, and storage of body cameras changes to the Florida Retirement safety and sanitation regulations of and recorded data. Effective upon System (FRS). First, the bill increases the Department of Health and will becoming law. the monthly survivor benefits avail- remain subject to its regulation, re- able to the spouses and children of gardless of whether the culinary edu- FRS pension plan members in the cation program offers food for public Special Risk Class when killed in the CS/SB 624 -- Public Records/ consumption. line of duty from 50 percent of the State Agency Information member’s monthly salary at the time The bill defines a culinary education Technology Security Programs of death to 100 percent of the mem- program as one that educates en- by Senator Alan Hays (R – Uma- ber’s monthly salary at the time of rolled students in the culinary arts, tilla), provides a public records ex- death. These new benefits are fund- including preparation, cooking, and emption for information relating to ed through additional employer-paid presentation of food, or provides information technology (IT) security contributions relating to the FRS education and experience in culinary incidents or breaches. Such informa- pension plan. arts-related businesses. A culinary tion will be confidential and exempt if education program must be inspect- the information could facilitate unau- Second, the bill permits the surviving ed by a state agency for compliance thorized access, modification, disclo- spouse or children of an investment with sanitation standards and must sure or destruction of data, informa- plan member in the Special Risk be provided by a: tion or IT resources. Class when killed in the line of duty to opt into the FRS investment plan • State university; The bill also provides that portions survivor benefits program in lieu of • Florida College System institution; of risk assessments, external audits, receiving normal retirement benefits • Career center as defined in s. evaluations or other reports of a state under the FRS investment plan. By 1001.44, F.S.; agency’s IT security program are participating in the survivor benefits • Charter technical career center as confidential and exempt from public program, the surviving spouse and defined in s. 1002.34, F.S.; disclosure. The portions of such doc- children are eligible to receive annui- • Nonprofit independent college uments will be confidential and ex- tized benefits much like the survivor or university that is located and empt if the information they contain benefits (described above) afforded chartered in this state, meets cer- would facilitate unauthorized modi- to Special Risk Class members of the tain accreditation requirements, fication, disclosure or destruction of FRS pension plan. The investment and is eligible to participate in the data, information, or IT resources. plan survivor benefits program is William L. Boyd, IV, Florida Resi- Effective upon becoming law. funded by additional employer-paid dent Access Grant Program; or • Nonpublic postsecondary educa- CS/SB 124 – Public Private agreements received from respon- tional institution licensed Partnership by Senator Greg sible public entities. Effective July Evers (R – Pensacola), imple- 1, 2016 The bill authorizes the Division of Ho- ments many of the recommen- tels and Restaurants to issue a spe- dations of the statutorily created cial license to a culinary education Partnership for Public Facilities and CS/SB 126 – Public Records program licensed as a public food Infrastructure Act Guidelines Task and Public Meetings/Public- service establishment for the sale Force to create a uniform process for private Partnerships by Sena- and service of alcoholic beverages on public entitles to engage in public- tor Greg Evers (R – Pensacola), the licensed premises of the culinary private partnerships (P3s). The bill creates an exemption from public education program. For a licensed clarifies that the P3 process must be record and public meeting require- culinary education program that also construed as cumulative and supple- ments for unsolicited proposals for provides catering services, the spe- mental, or alternative, to any other public-private partnership (P3) proj- cial license will allow it to sell or serve authority or power vested in the gov- ects for public facilities and infra- alcoholic beverages on the premises erning body of a county, municipality, structure. Effective July 1, 2016 of events for which it provides pre- special district, or municipal hospital pared food, without meeting the re- or health care system. quirement of deriving the majority of its gross receipts from the sale of The bill revises the list of entities au- Bills that Failed food and nonalcoholic beverages. thorized to conduct P3s to include special districts and school districts SB 68 -- Licenses to Carry Con- The bill explicitly provides that the (rather than school boards). cealed Weapons or Firearms by special license does not authorize Senator Greg Evers (R – Pen- the culinary education program to The bill provides increased flexibility sacola and HB 4001 by Rep- conduct any activities that would vio- to the responsible public entity by resentative Greg Steube (R – late Florida’s Beverage Law, including permitting a responsible public entity Sarasota) deleted the prohibition certain age restrictions, or local law. to deviate from the provided procure- of concealed carry licensees from A culinary education program with ment timeframes if approved by ma- openly carrying a handgun or carry- a special license may not sell alco- jority vote of the entity’s governing ing a concealed weapon or firearm holic beverages by the package for body. into a college or university facility. off-premise consumption. The bill The bills died in committee. authorizes the DBPR to promulgate The bill requires that an unsolicited rules to administer the bill’s provi- proposal be submitted concurrently sions. Effective July 1, 2016 with an initial application fee estab- lished by the responsible public en- HB 887 – Computer Coding tity. The bill authorizes a responsible Instruction by Representative public entity to request additional Janet Adkins (R – Fernandina CS/CS/HB 1365 – Competen- funds if the initial fee does not cover Beach) and SB 468 by Sena- cy-Based Education Pilot Pro- the costs to evaluate the unsolicited tor Jeremy Ring (D – Margate), gram by Representative Ray proposal. It also requires the respon- required high school to provide op- Rodrigues (R – Fort Myers), sible public entity to return the ini- portunities for students to take com- creates the Competency-Based Edu- tial application fee if the responsible puter coding courses in lieu of for- cation Pilot Program within the De- public entity does not review the un- eign language courses. Additionally, partment of Education to provide an solicited proposal. the required Florida College System educational environment that allows institutions and state universities students to progress based upon the The bill provides that if an unsolicited to recognize the computer coding mastery of concepts and skills. The proposal involves architecture, engi- course credits as foreign language bill authorizes the Commissioner of neering, or landscape engineering, credits. The bills died in committee. Education to waive State Board of the professional hired to evaluate or Education rules relating to pupil pro- create the design criteria packaged gression and the awarding of credit. must be retained until the entire proj- Applications to participate are lim- ect is completed. SB 204 – Music Therapists by ited to the P.K. Yonge Developmental Senator Jeff Clemens (D – Lake Research School and the Lake, Palm The bill authorizes the Department of Worth) and HB 571 by Repre- Beach, and Pinellas County school Management Services to accept and sentative Daphne Campbell districts. Effective July 1, 2016 maintain copies of comprehensive (D – Miami Shores), established requirements for registration as a Public Meetings/University tion fees and tuition and related fees music therapist and prohibited the Direct-Support Organizations for certain graduate students (e.g., practice of music therapy unless the by Representative Michelle Re- graduate assistants and associates), therapist is registered. The bills died hwinkel Vasilinda (D – Tallahas- and specified that such waivers must in committee. see), deleted provisions that protect be funded from annual funds provid- the identity of a donor to a university ed in the General Appropriations Act direct-support organization and de- for the general operations of the uni- versity. The bills died in committee. HB 7089 – State Group Insur- leted the public records exemption for university direct-support organi- ance Program by Representa- zations, and deleted the public meet- tive Jason Brodeur (R – San- ings exemption for certain meetings ford) and SB 1413 by Senator HB 1239 – State Employee Sal- of university direct-support organiza- Jeff Brandes (R – St. Peters- aries by Representative Alan tions. burg), added new products and Williams (D – Tallahassee), HB services to the program by giving 213 by Representative Michelle DMS broad authority to contract for Rehwinkel Vasilinda (D – Talla- a wide variety of additional products SB 1230 – State University hassee) and SB 478 by Senator and services. Employees would have Fee Waivers by Senator Maria Arthenia Joyner (D – Tampa), been able to purchase new products Sachs (D – Delray Beach) and authorized competitive pay increas- as optional benefits. The bill died in HB 1311 by Representative Mi- es for each eligible state employee, Senate Messages. chelle Rehwinkel Vasilinda (D effective July 1, 2016, based on their – Tallahassee), required each state base rate of pay as of June 30, 2016. HB 4005 -- Public Records and university to waive any or all applica- The bills died in committee.

Kathleen M. Daly, Assistant Vice President

FLORIDA STATE UNIVERSITY Toni Moore, GOVERNMENTAL RELATIONS Program Coordinator

850.644.4453 govrel.fsu.edu Chris Adcock, Office Administrator