Volume 23 | Number 11 | April 25, 2016

ast week, Governor Scott took final action on what the legislature passed this year, thereby closing the book on the 2016 session. L Thankfully, State University was spared the governor’s veto pen for the first time in years.

Among major legislation the governor signed into law was a wide-rang- ing education bill that passed on the last day of the session and touches every level of public education in Florida.

HB 7029 came in at 160 pages and includes numerous statutory chang- es for state universities. In addition, the bill broadens some of the pre- eminence metrics, and establishes “emerging preeminent” universities, along with funding criteria for these institutions.

This legislation also codifies the Board of Governors’ performance- funding measures. The bill becomes effective July 1.

Please see the Spotlight on Bills section of this newsletter for informa- tion on other legislation pertaining to state universities that was either signed into law or vetoed.

Please feel free to contact me with questions about legislation or budget items. I can be reached at (850) 644-4453 or [email protected]. Thank You The Office of Governmental Relations would like to express its gratitude for the support received from the Legislative Liaison Committee members. These important members of our team contributed much hard work and patience during the 2016 Legislative Session.

Anne Blankenship – Academic Affairs

Paul Harlacher – Academic Affairs

Kyle Clark – Finance and Administration

Michael Lake – Budget and Analysis

Susan Fiorito – Faculty Senate

Kristin Roberts – Mag Lab

Linda McCorvey – Office of Research

Mary Coburn – Student Affairs

Brandon Bowden – Student Affairs

Allison Crume – Student Affairs

Mike Cramer – University Attorney

Danielle Acosta – Student Government

Austin Engelbrecht – Student Government

Vanessa Fuchs – Athletics

Dennis Bailey – Facilities

Dan Dayhoff – Facilities

Darryl Marshall – Financial Aid

Renisha Gibbs – Human Resources

Phaedra Harris – Human Resources

Karen Gibson – Purchasing Services

Ian Robbins – Purchasing Services

Paul Trombley – Laboratory Animal Research

Marcy Driscoll – College of Education

John Fogarty – College of Medicine

Laura Brock – College of Medicine

Judith Durdle – College of Nursing

Stacy Chambers – Florida High

John Hughes – Florida Center for Reading Research LEGISLETTER GOVERNMENTAL RELATIONS

Volume 19 | Number 1 | January 9, 2012

BILLSBILLS THAT THAT PASSED HAVE PASSED ORing FAILED listing of faculty ranking dents, beginning in the 2017-2018 publications. school year, to attend any public CS/CS/HB 7029 – Education Creates standards and bene- school in the state, including char- o ter schools, subject to maximum Choice by Representative Bob fits for “Emerging Preeminent class size requirements, capacity Cortes (R – Maitland), became State Research Universities.” an overarching comprehensive and other specified provisions. Renames the “Florida Na- education bill. The bill was heavily o Charter Schools. Expands options tional Merit Scholar Incen- • amended in the last days of session pertaining to charter school ac- tive Program” to the “Benac- and includes parts of several bills that countability and flexibility. quisto Scholarship Program”, we were tracking throughout the leg- and requires all eligible state Accountability: Requires spe- islative session including, SB 524, SB o universities (and encourages cific information in the applica- 962, SB 470, HB 669, SB 1060, 1136, all eligible Florida public or tion process; requires monthly SB 1166, HB 1359, HB 1403, HB 31, independent postsecondary financial statements upon ex- HB 907, HB 693, HB 7021, HB 7043, educational institutions) to ecution of the charter contract; HB 7039, HB 873, HB 119, HB1003. become college sponsors of prohibits charter schools from Provisions in the bill include: the National Merit Scholar- basing admission or dismissal Requires each state university ship Program. on a student’s academic per- board of trustees to select its formance; creates require- Preeminent State Research chair and vice chair from the ap- o ments when a charter school University Special Course pointed members, with specified voluntarily closes; automati- Requirement Authority in s. term limits, and publish notifica- cally terminates double-F char- 1001 .7065 (7) is reduced to tion requirements regarding at- ter schools; requires annually 6 credits, from the current tendance and meeting materials. a specified number of charter 9-12 credit authorization. school meetings to be held in o SUS Performance Funding. the school district where the • District School Boards. Permits Extends the State University charter school is located; pro- the proration of dues paid to System (SUS) performance- vides that a charter school membership associations, autho- based incentive funding must be located in Florida to be rizes school board members to program to award SUS in- eligible to receive PECO; and visit schools in their districts, and stitutions for attainment revises reading requirements allows returning retirees to be re- of metrics adopted by the to shift to evidence-based hired in the same manner as new Board of Governors (BOG). reading and provide parents teachers are employed. Revises metrics to include with information concerning wage thresholds that reflect • Parent Information and Options. reading deficiencies. the added value of a bacca- Enables a parent to request a dif- Flexibility: Authorizes charter laureate degree. ferent classroom teacher for his o schools to seek an injunction or her child, clarifies student no- SUS Preeminence. Modifies to enforce existing require- o tification requirements pertaining standards that apply to Pre- ments for local governments to the pledge of allegiance, and eminent State Research Uni- to treat charter schools equi- defers calculation of VPK readi- versities to include adjust- tably as compared to public ment to the SAT score scale; ness rates for an additional year schools; authorizes charter expanding listing of rankings pending additional data. school governing board mem- publications; and, expand- • Open Enrollment. Enables stu- bers to attend meetings via communications media tech- double-session schools, experi- ties Workforce Education Program. nology; revises first quarter mental calendar schools, and • Charter Schools Capital Outlay. funding methods for charter emergency conditions), autho- Retains the Senate’s position de- schools, with specified pay- rizes recalculation of the ESE leting priority preferences and ment times and amounts; pro- guaranteed amount for school clarifying financial stability re- hibits districts from delaying districts, provides funds to school quirements for charter school the issuance of funds, includ- districts for federally connected capital outlay. However, removes ing local funds; clarifies that students, authorizes performance the Senate’s provisions that pro- an existing charter school that funding for certain CAPE industry hibited personal enrichment and is seeking to become a virtual certifications, increases teacher established a weighted funding charter school must amend its bonuses for CAPE industry cer- model for state charter school application or submit a new ap- tifications, and requires a school capital outlay funds; and changed plication; and expands charter district to add 4 special consider- from 3 to 2 years the length of school in a municipality enroll- ation points to the calculation of time a charter school must be in ment preferences. a matrix of services for a student operation to be eligible for capital who is deaf and enrolled in an au- Choice Options. Expands options outlay funding. • ditory-oral education program. pertaining to the credit accel- • Controlled Open Enrollment. Re- eration program (CAP), provides • Educator Professional Prepara- vises home education program options to meet online gradua- tion and Development. Authorizes and Florida Virtual School stu- tion requirements, and updates charter schools to offer educa- dent options so the student may terminologies to reflect the cur- tion competency and professional participate in an extracurricular rent ACT test, ACT Aspire, which preparation for instructional per- activity at the public school the has replaced the Preliminary ACT sonnel. student would be assigned, or (PLAN) test. • Postsecondary Education. Cre- could choose to attend, pursuant • Extracurricular Activities. Pro- ates, re-enacts and amends vari- to controlled open enrollment. vides district school boards with ous education and funding and Makes optional, instead of man- responsibility to determine (in scholarship programs. datory, charter school enrollment student code of conduct) stu- preferences as part of controlled o Distinguished FCS Program. dent eligibility requirements and Creates program as a collab- open enrollment. subsequent disciplinary actions orative partnership between • Special Facilities. Requires EDR to through suspension and expul- the State Board of Education conduct the study of cost per stu- sion policies, enables students to (SBE) and the Legislature to dent station amounts using the be immediately eligible to try out recognize the excellence of most recent information on con- for athletic activities under certain Florida’s highest-performing struction costs. conditions, specifies restrictions Florida College System (FCS) Pledge of Allegiance. Clarifies ex- for same sport participation in a • institutions. Establishes 7 ex- isting law to provide that students subsequent school, allows private cellence standards; requires must show full respect for the flag schools to join the Florida High the SBE to designate each FCS by standing at attention and re- School Athletic Association (FH- institution that meets 5 of 7 moving headdress, except for re- SAA) by sport (and public schools standards as a distinguished ligious purposes; however, upon a to do same per FHSAA approval), college; and permits funding as parent’s request a student may be specifies 3 tiers of increased pen- provided in the General Appro- excused from standing and saying alties for recruiting violations, priations Act. the pledge of allegiance. specifies remaining duties of the College Performance Funding. FHSAA, and revises the FHSAA’s o • Requires high-performing charter Re-enacts performance-based burden of proof from “clear and schools to continually meet the incentive funding program to convincing” to a “preponderance same requirements for initial eli- of the evidence” (not applicable to award FCS institutions for at- gibility and annual continuing eli- student eligibility). taining metrics adopted by the gibility. SBE. Beginning in 2017-2018, • School Funding. Revises minimum the ability of an institution to • Expands public school reading term school funding provisions submit an improvement plan to requirements relating to inter- to prorate FTE for schools that the SBE. ventions and instructional sup- provide less than 900 hours of ports for students in kindergarten instruction (e.g., public schools, • Codifies the Adults with Disabili- through grade 3 who are identified as having a substantial reading de- ary institution to post in the universities designated as “preemi- ficiency, as well as, teacher certifi- course registration system and nent” or “emerging preeminent.” This cation and training requirements on its website at least 45 days language also passed in HB 7029, relating to specialized reading before the first day of class for permanent law. This language competencies. each term a hyperlink to lists also passed in HB 7029, perma- of required and recommended • Creates the Seal of Biliteracy Pro- nent law. gram to recognize high school textbooks and instructional Preeminent State Research Uni- graduates who attain a high level of materials for at least 95 per- versity Special Course Require- competency in foreign languages. cent of all courses and course sections; ment Authority in s. 1001 .7065 (7) Effective July 1, 2016, Chapter is reduced to 6 credits, from the cur- Establishing deadlines for in- 2016-237 o rent 9-12 credit authorization. This structors or departments to language also passed in HB 7029, notify the bookstore of required permanent law. CS/HB/7019 – Postsecondary and recommended textbooks Access and Affordability by an instructional materials; State University System Perfor- mance Based Incentive – Requires Representative Elizabeth Por- o Requiring public postsecond- ter (R – Lake City, FSU Alum), ary institutions to conduct cost the BOG to establish minimum per- promotes college affordability by: benefit analyses and report an- formance funding eligibility thresh- 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; 1. A state university that meets at least 28 days prior to consider- Deletes the Board of Trustees au- the minimum institutional invest- ation by the board of trustees. thority to establish tuition for ment eligibility threshold, but • Requiring the SBE and the BOG graduate and professional pro- fails to meet the minimum state to annually identify strategies and grams and out-of-state fees for all investment eligibility threshold, initiatives to promote college af- programs and reverts to Board of shall have its institutional invest- fordability (including the impact Governors. ment restored but is ineligible for of tuition and fees, financial aid Effective July 1, 2016, Chapter a share of the state’s investment policies, and textbook costs) and 2016-236 in performance funding. submit an annual report to the Governor, Senate President, and 2. Clarifies that an institution that fails to meet the BOG’s threshold Speaker of the House of Repre- HB 5003 – Implementing by for the institutional investment sentatives. Representative Richard Corco- shall have its entire institutional • Enhancing the current textbook ran (R – Lutz), contains provisions investment withheld (previous affordability law to include “in- necessary to effect the general ap- practice was to withhold a portion structional materials” and to pro- propriations bill and is effective for of the institutional investment). vide students with sufficient time one fiscal year only. Following are This language also passed in and information to seek out the some of the issues contained in this HB 7029, permanent law. lowest available prices by: year’s bill: Postsecondary Distance Learning o Authorizing state university Emerging Preeminence -- Amends Fees – Clarifies that theaverage dis- and Florida College System s. 1001.7065, F.S. relating to the Pre- tance learning course fee assessed institution boards of trustees eminent State Research Universi- by a state university may not exceed to adopt policies that allow in- ties Program to require the Board of $30 per credit hour. novative pricing techniques Governors to designate each state and payment options for digi- university that meets at least six of Teacher Liability Insurance – tal textbooks and instructional the 12 academic and research excel- Amends s. 1012.75(3) to create the materials. The bill requires an lence standards identified in law as Florida educators professional liabil- opt-in provision for students an “emerging preeminent state re- ity insurance program which protects and stipulates that policies search university.” Also modifies the public school educators and admin- may only be adopted if there is academic and research excellence istrators from liability for monetary documented evidence of cost standards of the preeminent state damages and the cost of defense of savings; research universities program and their actions. Requires DOE to notify o Requiring public postsecond- establishes funding parameters for all instructional personnel by August 1 of pending procurement for liability funding formula for a $400 million in HB 1219 – Veterans’ Employ- insurance and by September 1 for tax breaks. The issue involves part of ment by Representative Jake the actual coverage provided. Also the formula known as “required local Raburn (R – Valrico), revises the amends s. 1012.39, F.S. to require dis- effort.” section of Florida law governing vet- trict school boards to notify a student erans’ preference in appointment performing clinical field experience The bill also revises how taxes are cal- and retention. Specifically, the bill: of the availability of educator liabil- culated on alcohol and tobacco sales • Requires each state agency, and ity insurance under s. 1012.75. Pro- for cruise ships within Florida waters, allows each political subdivision hibits a postsecondary educational on pear cider, and on an excise tax on of the state, to develop and imple- institution or district school board aviation fuel, which is a discount for ment a written veterans’ recruit- from requiring a student enrolled in a most carriers. ment plan; state-approved teacher preparation The bill also exempts sales taxes on program to purchase liability insur- food and drinks sold by veterans’ or- • Requires each veterans’ recruit- ance as a condition of participation ganizations and phases out -- over ment plan to establish and meet in any clinical field experience. This three years -- a sales tax on asphalt annual goals for ensuring the full language also passed in HB 719 used for government projects. use of veterans in the agency’s or and has been signed into law by subdivision’s workforce; Additionally, the bill provides a sales the Governor. tax holiday on clothing and school • Requires the Department of Man- agement Services (DMS) to col- Financial Aid supplies from August 5, 2016 – Au- gust 7, 2016. Effective July 1, 2016, lect statistical data for each state Requires postsecondary institutions Chapter 2016-220 agency on the number of persons to conduct an assessment of all fi- who claim veterans’ preference, nancial resources available to each the number of persons who were student, including: CS/CS/HB 1075 – State hired through veterans’ prefer- • Pell grants and other federal aid Lands by Representative Matt ence, and the number of persons who were hired as a result of the State grants and Scholarships, in- Caldwell (R – Lehigh Acres), • veterans’ recruitment plan; and cluding merit awards consolidates the acquisition and sur- plus procedures for non-conserva- • Requires DMS to annually update Institutional awards for merit or • tion lands and for conservation lands. the statistical data on its website need Additionally, the bill clarifies that be- and include the statistics in its an- • Private awards for merit or need fore a property is offered for sale or nual workforce report. Any other grant or scholarship lease to a local or federal unit of gov- • The bill requires each veteran’s re- available to the student. ernment or a private party, it will be first offered to state agencies, state cruitment plan to apply to the same universities and Florida College veterans and veterans’ family mem- Accountability Report System (FCS) institutions, with bers that are included in the Florida priority given to state universities law governing veterans’ preference Requires that by March 15 of each in appointment and retention. Ef- year, the Board of Governor sub- and FCS institutions. Universities have 60 days to submit a plan for fective October 1, 2016, Chapter mit an annual accountability report. 2016-102 This language expires effective July review and approval. Effective July 1, 2017 and the accountability report 1, 2016, Chapter 2016-223 due date will revert to December 31 of HB 1157 – Postsecondary Edu- each year. HB 799 – Out-of-State Fee cation for Veterans by Rep- Effective July 1, 2016,Chapter Waivers for Active Duty Military resentative (R 2016-62 by Representative – Valrico), expands Florida law to (R – Hialeah), creates an out-of- allow eligible members of the United state fee waiver for an active duty State Armed Forces and honorably HB 7099 – Taxation by Rep- member of the Armed discharged veterans to earn college resentative Matt Gaetz (R – Forces residing or stationed outside credit at public postsecondary insti- Shalimar, FSU Alum), promotes of the state at the time of enrollment tutions for college-level training and $129.1 million in tax payer savings at a state university, Florida College education acquired in the military. combined with a proposal to hold System institution, career center, or The bill requires the Department of down local property taxes that would charter technical career center. Effec- Education to include the Excelsior otherwise go into the state’s school- tive July 1, 2016, Chapter 2016-136 College subject examination, De- fense Activity for Non-Traditional Ed- • Authorizes the Commissioner of certificates expire after three years ucation Support (DANTES) subject Education to issue a letter of guid- and are nonrenewable. While serving standardized test, and Defense Lan- ance to a certified educator upon as a classroom teacher, temporary guage Proficiency Test (DLPT) on the finding that probable cause to certificate holders may pursue a pro- list of acceleration mechanisms for prosecute a complaint does not fessional educator certificate, which which credit may be awarded. exist. lasts for five years and is renewable, Additionally, the bill modifies an ex- • Authorizes the Department of by completing at least 15 hours of ad- isting tuition waiver qualification re- Children and Families to disclose ditional coursework and participating quirement for eligible recipients of child abandonment, abuse, or ne- in on-the-job training. This require- a Purple Heart, or superior combat glect records to Department of ment applies even if the teacher has decoration. The bill expands the tu- Education (DOE) employees who proven to be highly effective. ition waiver to include any eligible investigate or prosecute miscon- Temporary certificate holders with a recipient of a Purple Heart, or supe- duct by certified educators. master’s degree or higher in STEM rior combat decoration, enrolled in fields (science, technology, engineer- In addition, the bill eliminates the July an eligible postsecondary institution ing, and mathematics), even if rated 1, 2016, expiration date for the educa- who currently is a Florida resident, or highly effective, must still complete tor liability insurance program, which was a Florida resident at the time of at least 15 hours of additional course- provides liability coverage for all full- the military action that resulted in the work within three years to earn a pro- time public school instructional per- awarding of the Purple Heart or other fessional certificate. superior combat decoration. sonnel. The bill also prohibits post- secondary educational institutions To make a professional certificate The bill also requires the Department and school districts from requiring a more attainable for individuals with of Education to include successful student participating in a clinical field expertise in STEM fields, the bill al- completion of a United State Defense experience to purchase liability insur- lows an individual to earn a profes- Language Institute Foreign Language ance as a condition of participation. sional certificate for grades 6 through Center program or passing score on 12 in a STEM subject without having With respect to teacher recruitment, the Defense Language Proficiency to complete additional coursework if the bill authorizes, rather than re- Test (DLPT) to the documentation the individual: 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 certification requirements. Effective in the state. The bill requires DOE to • Holds a master’s or higher degree July 1, 2016, Chapter 2016-142 coordinate a best practice commu- in the area of science, technology, nity to help school districts recruit engineering, or mathematics; and perform other human resources • Passes the subject area examina- functions with up-to-date knowledge. HB 719 – Education Personnel tion for the correlating certificate; by Representative Ross Spano The bill also deletes obsolete State Passes the professional educa- (R – Riverview, FSU Alum), re- Board of Education rulemaking au- • tion competency examination re- vises several provisions related to thority regarding certain teacher as- quired by state board rule; education personnel. With respect to signment requirements. The bill pro- educator discipline, the bill: motes effective school leadership by • Teaches a high school course in providing standards for approval of the subject of the advanced de- • Revises the membership of the school leader preparation programs. gree; and Education Practices Commission Effective July 1, 2016, Chapter to include membership opportuni- 2016-58 • Is rated highly effective under ties for school administrators em- the school district’s performance ployed by virtual schools; former evaluation system, based in part charter school governing board HB 189 – Teacher Certification on student performance as mea- members; and former district by Representative Manny Diaz, sured by a statewide standard- school superintendents, assistant Jr. (R – Hialeah Gardens), pro- ized assessment or an Advanced superintendents, or deputy super- vides that an expert in the field who Placement, Advanced Interna- intendents. meets general educator certification tional Certificate of Education, or International Baccalaureate ex- • Requires all commission mem- requirements and holds a temporary bers to be Florida residents and certificate may immediately begin amination. authorizes the appointment of teaching in a classroom as the teach- Effective July 1, 2016, Chapter emeritus members. er of record. However, temporary 2016-117 HB 1061 – Nurse Licensure for all nurses licensed in the party sistants by Representative Compact by Representative states. A state may designate the in- Cary Pigman (R – Sebring), au- Cary Pigman (R – Sebring), formation it contributes to the CLIS thorizes advanced registered nurse authorizes Florida to enter into the as confidential, prohibiting disclo- practitioners (ARNP) to prescribe, revised The Nurse Licensure Com- sure to nonparty states. dispense, order, and administer pact (NLC or compact). The NLC is The NLC establishes the Interstate controlled substances, but only to a multi-state agreement that estab- Commission of Nurse Licensure the extent authorized under a su- lishes a mutual recognition system Compact Administrators (commis- pervising physician’s protocol. The for the licensure of registered nurses sion) to oversee the operation of the bill also authorizes physicians as- and licensed practical or vocational NLC. Each party state’s compact ad- sistants (PA) to prescribe controlled nurses. In 2015, the National Council ministrator (the head of the state’s substances that are not listed on the of State Boards of Nursing adopted licensing board or designee) must formulary established by the Council revised model legislation for the NLC participate as a member of the com- on Physician Assistants, under cur- and required any state entering the mission. The NLC grants the com- rent supervisory standards. The bill NLC to adopt the revised model leg- mission authority to promulgate uni- subjects ARNPs and PAs to admin- islation. form rules to, among other things, istrative disciplinary actions, such as Under the NLC, a nurse who is issued facilitate and coordinate the imple- fines or license suspensions, for vio- a multistate license from a state that mentation and administration of the lating standards of practice in law re- is a party to the compact is permitted NLC. The commission may also take lating to prescribing and dispensing to practice in any other state that is any necessary action to secure the controlled substances. The bill adds also a party to the compact. However, compliance of a party state that fails specific prohibited acts related to the the nurse must comply with the prac- to meet the obligations of the NLC, prescribing of controlled substances, tice laws of the state in which he or including termination of membership which constitute grounds for denial she is practicing or where the patient after exhausting all means of secur- of license or disciplinary action, into is located. A party state may continue ing compliance. the Nurse Practice Act. to issue a single-state license, autho- The NLC provides for the qualified The bill requires ARNPs and PAs who rizing practice only in that state. immunity, defense, and indemnifica- prescribe controlled substances for Pursuant to the bill, a nurse who ap- tion of the administrators, officers, the treatment of chronic nonmalig- plies for or renews a multistate license executive director, representatives, nant pain to meet certain registra- in Florida must meet the minimum and employees of the commission in tion and prescribing requirements, requirements of the NLC and any civil actions that arise under certain but prevents ARNPs and PAs from other requirements set by the Florida circumstances. The NLC does not prescribing controlled substances in Board of Nursing (board) within the abrogate or waive the sovereign im- registered pain management clinics. munity of its party states. Department of Health (DOH). The The bill adds ARNPs and PAs into NLC does not change the current li- The bill also requires the DOH to the definition of “practitioner” in the censure requirements under ch. 464, conspicuously designate each nurse Florida Comprehensive Drug Abuse F.S., the Nurse Practice Act. license as a multistate license or a Prevention and Control Act (Act) re- Under the NLC, a state may take ad- single-state license. The bill requires quiring compliance with the prescrib- verse action against the multistate the Florida Center for Nursing to ana- ing and dispensing requirements and licensure privilege of any nurse prac- lyze the impact of the state’s partici- limitations under the Act. Effective ticing in that state. The home state pation in the NLC and authorizes the July 1, 2016, Chapter 2016-224 has the exclusive authority to take center to request certain information adverse action against the home held by the board to determine such state license, including revocation impact. CS/HB 229 Bullying and Ha- and suspension. The NLC requires Effective December 31, 2018, or rassment Policies in Schools by all states to report to a coordinated upon enactment of the Nurse Li- Representative (D – licensure information system (CLIS), censure Compact into law by 26 Dania Beach, FSU Alum), revises all adverse actions taken against a states, whichever occurs first. current law by requiring each district nurse’s license or multistate licen- Chapter 2016-139 school board to review its anti-bul- sure practice privilege, any current lying and harassment policy every significant investigative information, three years. The policy review must and denials of applications. All party HB 423 -- Drug Prescription involve students, parents, teachers, states may access the CLIS to see li- by Advanced Registered Nurse administrators and other community censure and disciplinary information Practitioners & Physician As- stakeholders. Each district school board must also authorize a list of todian concerning any questions the needs of students with intellectual prevention programs that provide contractor may have regarding the disabilities and the statewide coor- instruction to community stakehold- contractor’s duties to provide public dination of information about pro- ers on how to identify and respond to records relating to the contract. grams for students with disabilities. bullying or harassment. The bill also The bill repeals the requirement that Specifically, the bill includes two key clarifies that there must be a proce- each contract for services require components: dure for receiving reports of alleged the contractor to transfer its public • A process through which postsec- acts of bullying and harassment. records to the public agency upon ondary institutions in Florida can The bill makes each school principal termination of the contract. Instead, voluntarily seek approval to offer responsible for implementing the dis- the contract must address whether a Florida Postsecondary Com- trict school board’s bullying and ha- the contractor will retain the public prehensive Transition Program rassment policy, prevention programs, records or transfer the public records (FPCTP) for students with intel- and reporting procedures. Effective to the public agency upon comple- lectual disabilities; and July 1, 2016, Chapter 2016-119 tion of the contract. • A Florida Center for Students with The bill requires a request for public Unique Abilities (statewide co- records relating to a contract for ser- ordinating center) for statewide SB 7030 -- Competitive Solici- vices to be made directly to the con- coordination of information re- tation or Negotiation Strate- tracting public agency. If the public garding programs and services for gies by Senator Jeremy Ring agency determines that it does not students with disabilities and their (D – Margate), removes the sched- possess the records, it must imme- parents. uled repeal date of October 2, 2016, diately notify the contractor and the in both the public records exemption contractor must provide the records The bill awards incentive payments law and the public meetings exemp- or allow access to the records within to school districts and charter tion law. The bill permits the public a reasonable time. A contractor who schools that implement districtwide records and public meetings exemp- fails to provide the records to the or schoolwide, standard student at- tions relating to agency competi- public agency within a reasonable tire policies applicable to students in tive solicitations to continue as they time may be subject to certain penal- kindergarten through grade 8. Each currently exist. Effective October 1, ties. school district or charter school qual- 2016, Chapter 2016-49 ifies for a minimum award of $10 per Additionally, The bill provides that if a student if it implements a policy that: civil action is filed to compel produc- CS/SB 350 – Online Procure- tion of public records, the court must • Prohibits certain types or styles ment by Senator Bill Montford assess and award against the con- of clothing, while requiring solid- (D – Tallahassee, FSU Alum), au- tractor the reasonable costs of en- colored clothing and fabrics and thorizes district school boards, Flori- forcement, including attorney fees, if short- or long-sleeved shirts with da College System institution boards the court determines that a contrac- collars; and of trustees and university boards of tor unlawfully refused to comply with • Allows reasonable accommoda- trustees to make purchases through the public records request within tions based on a student’s religion, an online procurement system, elec- a reasonable time, and the plaintiff disability, or medical condition. tronic auction service, or other ef- provided written notice of the public ficient procurement tool. Effective records request to the public agency The bill amends a number of provi- July 1, 2016, Chapter 2016-31 and the contractor. The notice must sions of the Florida Personal Learn- be sent at least 8 business days be- ing Scholarship Account (PLSA) fore the plaintiff files the civil action. program. The provisions increase HB 273 – Public Records by Rep- The bill specifies that a contractor student access, tighten accountabil- resentative Halsey Beshears who complies with the public record ity, and streamline administration. (R – Monticello, FSU Alum), re- cost of enforcement. Effective upon Additionally, the bill amends provi- quires a public agency contract for becoming law, Chapter 2016-20 sions for the Florida Tax Credit (FTC) services with a contractor to include scholarship program. Effective July a statement in large, boldface font in- 1, 2016, Chapter 2016-2 forming the contractor of the contact SB 672 – Educational Options information of the public agency’s by Senator Don Gaetz (R – Des- custodian of public records (records tin), establishes mechanisms for the SB 7076 – Legislature by Sena- custodian) and instructing the con- approval of unique postsecondary tor Garrett Richter (R – Na- tractor to contact the records cus- education programs tailored to the ples), requires the Legislature to convene in Regular Session on Janu- ing remuneration or academic • Managing stress and expectations ary 9, 2018. Effective upon becom- credit for such work; • Developing skills that enable stu- ing law. Chapter 2016-218 • Expanding volunteer service work dents to become more resilient areas to include a civic issue or a and self-motivated. professional area of interest; CS/SB 793 – Bright Futures School districts currently provide a Scholarship Program by Rep- • Providing that volunteer work may variety of character-development resentative Marlene O’Toole (R include, but not be limited to, a programs for K-12 students. The – The Villages), creates the Florida business or government intern- specified requirements for high Gold Seal CAPE Scholars award as ship, employment with a nonprofit school students are not expected to an alternative to the current Florida community service organization, have any fiscal impact on school dis- Gold Seal Vocational Scholars award. or activity on behalf of a candidate tricts. Effective July 1, 2016, Chap- A student may qualify for the Florida for public office; and ter 2016-141 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. – Jacksonville), makes the new credit. The new scholarship allows for 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 for granting exemptions for employment award due to full-time religious or home education students whose par- as child care personnel to persons service obligations lasting at least 18 ents cannot document a college-pre- who have been: months. Eligible students can defer paratory curriculum. Specifically, the • Registered as a sex offender as the 2-year initial award period and bill provides that test score require- described in 42 U.S.C. s. 9858f(c) the 5-year renewal period until the ments are the same for students en- (1)(C) and are subject to the reg- student completes the religious or rolled in home education programs istration requirements under the service obligation. The organization as they are for all other high school Adam Walsh Child Protection and sponsoring the full-time religious or students qualifying for the FMS Safety Act; or service obligation must be a federal award. Effective upon becoming • Arrested for and are awaiting fi- government service organization or law. Chapter 2016-91 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- service work requirements for the struction by Representative cated delinquent and the record Florida Bright Futures Scholarship (R – Clearwater), has not been sealed or expunged Program awards, including Florida requires character-development pro- for certain state felonies and mis- Academic Scholars (FAS), Florida grams in high schools to include in- demeanors enumerated in the bill Medallion Scholars (FMS), Florida struction on: that are aligned with the crimes Gold Seal Vocational Scholars (FGS- • Developing leadership skills, inter- listed in the federal requirements. VS) awards, and adding the require- personal skills, organization skills, ment for the newly created Florida and research skills; Individuals who currently have ex- Gold Seal CAPE Scholars award. The emptions allowing employment are bill modifies the requirements by: • Creating a resume; now prohibited from such employ- • Clarifying that community service • Developing and practicing the ment, and must be rescreened by Au- work must be volunteer work and skills necessary for employment gust 1, 2016. Effective July 1, 2016, prohibits any student from receiv- interviews; Chapter 2016-98 HB 93 – Law Enforcement Offi- employee’s spouse and children. Ef- tablishment” to include a culinary cer Body Cameras by Represen- fective upon becoming law. Chap- education program that offers, pre- tative Shevrin Jones (D – West ter 2016-164 pares, serves, or sells food to the Park), requires law enforcement general public, making it subject to agencies that permit law enforce- the regulation and oversight of the ment officers to wear body cameras SB 7012-- Death Benefits un- Division of Hotels and Restaurants. to develop policies and procedures der the Florida Retirement Sys- Under current law, a culinary educa- governing the proper use, mainte- tem by Senator Jeremy Ring (D tion program is subject to the food nance, and storage of body cameras – Margate), primarily makes two safety and sanitation regulations of and recorded data. Effective upon changes to the Florida Retirement the Department of Health and will becoming law. Chapter 2016-76 System (FRS). First, the bill increases remain subject to its regulation, re- the monthly survivor benefits avail- gardless of whether the culinary edu- able to the spouses and children of cation program offers food for public CS/SB 624 -- Public Records/ FRS pension plan members in the consumption. Special Risk Class when killed in the State Agency Information The bill defines a culinary education line of duty from 50 percent of the Technology Security Programs program as one that educates en- member’s monthly salary at the time by Senator Alan Hays (R – rolled students in the culinary arts, of death to 100 percent of the mem- Umatilla), provides a public records including preparation, cooking, and exemption for information relating to ber’s monthly salary at the time of presentation of food, or provides information technology (IT) security death. These new benefits are fund- education and experience in culinary incidents or breaches. Such informa- ed through additional employer-paid arts-related businesses. A culinary tion will be confidential and exempt if contributions relating to the FRS education program must be inspect- the information could facilitate unau- pension plan. ed by a state agency for compliance thorized access, modification, disclo- Second, the bill permits the surviving with sanitation standards and must sure or destruction of data, informa- spouse or children of an investment be provided by a: tion or IT resources. plan member in the Special Risk • State university; The bill also provides that portions Class when killed in the line of duty of risk assessments, external au- to opt into the FRS investment plan • Florida College System institution; survivor benefits program in lieu of dits, evaluations or other reports of • Career center as defined in s. a state agency’s IT security program receiving normal retirement benefits 1001.44, F.S.; are confidential and exempt from under the FRS investment plan. By • Charter technical career center as public disclosure. The portions of participating in the survivor benefits defined in s. 1002.34, F.S.; such documents will be confidential program, the surviving spouse and and exempt if the information they children are eligible to receive annui- • Nonprofit independent college contain would facilitate unauthorized tized benefits much like the survivor or university that is located and modification, disclosure or destruc- benefits (described above) afforded chartered in this state, meets cer- tion of data, information, or IT re- to Special Risk Class members of the tain accreditation requirements, sources. Effective upon becoming FRS pension plan. The investment and is eligible to participate in the law. Chapter 2016-114 plan survivor benefits program is William L. Boyd, IV, Florida Resi- funded by additional employer-paid dent Access Grant Program; or contributions to the survivor benefits • Nonpublic postsecondary educa- account of the FRS Trust Fund. CS/CS/SB 752 -- Public Re- tional institution licensed cords/Office of Inspector Gen- The new survivor benefits estab- eral Identifying and Location lished by this bill are available to The bill authorizes the Division of Ho- Information by Senator Joe members in the Special Risk Class tels and Restaurants to issue a spe- Abruzzo (D – Wellington), ex- killed in the line of duty on or after cial license to a culinary education empts from public inspection and July 1, 2013. Effective July 1, 2016, program licensed as a public food disclosure certain personal identify- Chapter 2016-213 service establishment for the sale ing information of a current or former and service of alcoholic beverages on employee of an agency’s office of in- the licensed premises of the culinary spector general or internal audit de- CS/CS/HB 249 – Culinary education program. For a licensed partment. The exemption applies to Education Programs by Rep- culinary education program that also those employees who perform cer- resentative Jared Moskowitz provides catering services, the spe- tain auditing and investigative duties. (D – Coral Springs), amends the cial license will allow it to sell or serve The exemption also covers an agency definition of “public food service es- alcoholic beverages on the premises of events for which it provides pre- mental, or alternative, to any other BILLS THAT FAILED pared food, without meeting the re- authority or power vested in the gov- quirement of deriving the majority erning body of a county, municipality, of its gross receipts from the sale of special district, or municipal hospital SB 68 -- Licenses to Carry Con- food and nonalcoholic beverages. or health care system. cealed Weapons or Firearms by Senator Greg Evers (R – Pen- The bill explicitly provides that the The bill revises the list of entities au- sacola and HB 4001 by Rep- special license does not authorize thorized to conduct P3s to include resentative Greg Steube (R – the culinary education program to special districts and school districts Sarasota) deleted the prohibition conduct any activities that would vio- (rather than school boards). of concealed carry licensees from late Florida’s Beverage Law, including The bill provides increased flexibility to openly carrying a handgun or carry- certain age restrictions, or local law. the responsible public entity by permit- ing a concealed weapon or firearm A culinary education program with ting a responsible public entity to devi- a special license may not sell alco- into a college or university facility. ate from the provided procurement The bills died in committee. holic beverages by the package for time-frames if approved by majority off-premise consumption. The bill vote of the entity’s governing body. authorizes the DBPR to promulgate The bill requires that an unsolicited rules to administer the bill’s provi- HB 887 – Computer Coding proposal be submitted concurrently sions. Effective July 1, 2016, Chap- Instruction by Representative with an initial application fee estab- ter 2016-120 Janet Adkins (R – Fernandina lished by the responsible public en- Beach) and SB 468 by Sena- tity. The bill authorizes a responsible tor Jeremy Ring (D – Margate), public entity to request additional CS/CS/HB 1365 – Competen- required high school to provide op- funds if the initial fee does not cover cy-Based Education Pilot Pro- portunities for students to take com- the costs to evaluate the unsolicited gram by Representative Ray puter coding courses in lieu of for- proposal. It also requires the respon- Rodrigues (R – Fort Myers), eign language courses. Additionally, sible public entity to return the ini- creates the Competency-Based Edu- the required Florida College System tial application fee if the responsible cation Pilot Program within the De- institutions and state universities public entity does not review the un- partment of Education to provide an to recognize the computer coding solicited proposal. educational environment that allows course credits as foreign language students to progress based upon the The bill provides that if an unsolicited credits. The bills died in committee. mastery of concepts and skills. The proposal involves architecture, engi- bill authorizes the Commissioner of neering, or landscape engineering, Education to waive State Board of the professional hired to evaluate or SB 204 – Music Therapists by Education rules relating to pupil pro- create the design criteria packaged Senator Jeff Clemens (D – Lake gression and the awarding of credit. must be retained until the entire proj- Worth) and HB 571 by Repre- Applications to participate are lim- ect is completed. sentative Daphne Campbell ited to the P.K. Yonge Developmental The bill authorizes the Department of (D – Miami Shores), established Research School and the Lake, Palm Management Services to accept and requirements for registration as a Beach, and Pinellas County school maintain copies of comprehensive music therapist and prohibited the districts. Effective July 1, 2016, agreements received from respon- practice of music therapy unless the Chapter 2016- 149 sible public entities. Effective July 1, therapist is registered. The bills died 2016, Chapter 2016-153 in committee.

CS/SB 124 – Public Private Partnership by Senator Greg CS/SB 126 – Public Records HB 7089 – State Group Insur- Evers (R – Pensacola), imple- and Public Meetings/Public- ance Program by Representa- ments many of the recommen- private Partnerships by Sena- tive Jason Brodeur (R – San- dations of the statutorily created tor Greg Evers (R – Pensacola), ford) and SB 1413 by Senator Partnership for Public Facilities and creates an exemption from public Jeff Brandes (R – St. Peters- Infrastructure Act Guidelines Task record and public meeting require- burg), added new products and Force to create a uniform process for ments for unsolicited proposals for services to the program by giving public entitles to engage in public- public-private partnership (P3) proj- DMS broad authority to contract for private partnerships (P3s). The bill ects for public facilities and infra- a wide variety of additional products clarifies that the P3 process must be structure. Effective July 1, 2016, and services. Employees would have construed as cumulative and supple- Chapter 2016-154 been able to purchase new products as optional benefits. The bill died in Williams (D – Tallahassee), HB HB 243 -- Prohibited Displays Senate Messages. 213 by Representative Michelle of Confederate Flag or Emblem Rehwinkel Vasilinda (D – Talla- by Senator Darryl Rouson (D – hassee) and SB 478 by Senator St. Petersburg) and SB 154 by HB 4005 -- Public Records and Arthenia Joyner (D – Tampa), Senator Public Meetings/University authorized competitive pay increas- (D – Orlando, FSU Alum), Pro- Direct-Support Organizations es for each eligible state employee, hibited display of flags & emblems by Representative Michelle Re- effective July 1, 2016, based on their associated with Confederate States hwinkel Vasilinda (D – Tallahas- base rate of pay as of June 30, 2016. of America on any publicly owned see), deleted provisions that protect The bills died in committee. or leased property. The bills died in the identity of a donor to a university committee. direct-support organization and de- leted the public records exemption SB 6 – State Minimum Wage for university direct-support organi- by Senator Dwight Bullard (D SB 684 -- Choice in Sports by zations, and deleted the public meet- – Cutler Bay), HB 109 by Rep- Senator Don Gaetz (R – Destin) ings exemption for certain meetings resentative Victor Torres (D and HB 31 by Representative of university direct-support organiza- – Orlando), increased the state Ross Spano (R – Riverview, FSU tions. minimum wage and prohibited an Alum), revised public school choice employer from paying an employee options available to students to in- at a rate less than the state minimum clude CAPE digital tools, CAPE indus- SB 1230 – State University wage. Additionally the bills removed try certifications, and collegiate high Fee Waivers by Senator Maria the limitation restricting application school programs. The bills required Sachs (D – Delray Beach) and of the state minimum wage only to each district school board and char- HB 1311 by Representative Mi- individuals entitled to receive the fed- ter school governing board to autho- chelle Rehwinkel Vasilinda (D eral minimum wage. The bills died in rize a parent to have his or her child – Tallahassee), required each state committee. participate in controlled open enroll- university to waive any or all applica- ment and required the Florida High tion fees and tuition and related fees School Athletic Association to allow a for certain graduate students (e.g., SB 216 -- Tuition and Fee Ex- private school to maintain full mem- graduate assistants and associates), emptions by Senator Nancy bership in the association or to join by and specified that such waivers must Detert (R – Venice), exempted sport. The bills died on the calendar. be funded from annual funds provid- certain students who were adopted ed in the General Appropriations Act from the Department of Children for the general operations of the uni- and Families or who are or were in versity. The bills died in committee. the custody of the department from paying tuition and fees to workforce education programs, Florida College HB 1239 – State Employee Sal- System institutions, and state univer- aries by Representative Alan sities. The bill died in committee.

Kathleen M. Daly, Associate Vice President

FLORIDA STATE UNIVERSITY Toni Moore, GOVERNMENTAL RELATIONS Program Coordinator

Chris Adcock, 850.644.4453 govrel.fsu.edu Office Administrator