The Same River Twice: a Brief History of How the 1968 Florida Constitution Came to Be and What It Has Become, 18 Fla

DISTRICT COURT OF APPEAL STATE OF FLORIDA, FIRST DISTRICT

THE SCHOOL BOARD OF COLLIER COUNTY, et al.,

Appellant, CASE NO. 1D18-2040 vs. 1D18-2072 FLORIDA DEPARTMENT OF EDUCATION; STATE BOARD OF L.T. NO. 2017-CA-002158 EDUCATION, et al.,

Appellees. /

______THE SCHOOL BOARD OF COLLIER COUNTY’S APPENDIX TO INITIAL BRIEF ______

ROETZEL & ANDRESS, LPA CHRISTOPHER D. DONOVAN Florida Bar No. 0833541 JAMES D. FOX Florida Bar No. 689289

RECEIVED, 10/31/20186:19PM,Kristina Samuels,FirstDistrict CourtofAppeal 850 Park Shore Drive Trianon Centre - Third Floor Naples, FL 34103 Telephone: (239) 213-3865 Facsimile: (239) 261-3659 E-mail: [email protected] E-mail: [email protected] Attorneys for Co-Appellant The School Board of Collier County, Florida

TABLE OF CONTENTS s. 1002.333 Florida Statutes ...... 3

Art. IX, s. 1 Florida Constitution ...... 12

Art. IX, s. 2 Florida Constitution ...... 15

Art. IX, s. 4 Florida Constitution ...... 16

1968 Dictionary Entries ...... 19

Adkins, Making Modern Florida ...... 28

Adkins, Same River Twice ...... 41

1868 Florida Constitution ...... 88

1885 Florida Constitution ...... 92

1939 Education Code ...... 126

D'Alemberte, The Florida State Constitution ...... 202

House of Rep. Final Bill Analysis, H.B. 7069 ...... 220

2 13158708 _1 017748.0534 1002.333. Persistently low-performing schools, FL ST § 1002.333

West's Florida Statutes Annotated Title XLVIII. K-20 Education Code (Chapters 1000-1013) Chapter 1002. Student and Parental Rights and Educational Choices (Refs & Annos) Part III. Educational Choice

West's F.S.A. § 1002.333

1002.333. Persistently low-performing schools

Effective: July 1, 2018 Currentness

(1) Definitions.--As used in this section, the term:

(a) “Hope operator” means an entity identified by the department pursuant to subsection (2).

(b) “Persistently low-performing school” means a school that has earned three consecutive grades lower than a “C,” pursuant to s. 1008.34, and a school that was closed pursuant to s. 1008.33(4) within 2 years after the submission of a notice of intent.

1. A charter school operated by a hope operator which serves students from one or more persistently low-performing schools; is located in the attendance zone of a persistently low-performing school or within a 5-mile radius of such school, whichever is greater; and is a Title I eligible school; or

2. A school operated by a hope operator pursuant to s. 1008.33(4)(b) 3.

(2) Hope operator.--A hope operator is a nonprofit organization with tax exempt status under s. 501(c)(3) of the Internal Revenue Code 1 that operates three or more charter schools that serve students in grades K-12 in Florida or other states with a record of serving students from low-income families and is designated by the State Board of Education as a hope operator based on a determination that:

(a) The past performance of the hope operator meets or exceeds the following criteria:

1. The achievement of enrolled students exceeds the district and state averages of the states in which the operator's schools operate;

2. The average college attendance rate at all schools currently operated by the operator exceeds 80 percent, if such data is available;

3. The percentage of students eligible for a free or reduced price lunch under the National School Lunch Act enrolled at all schools currently operated by the operator exceeds 70 percent;

4. The operator is in good standing with the authorizer in each state in which it operates;

5. The audited financial statements of the operator are free of material misstatements and going concern issues; and

6. Other outcome measures as determined by the State Board of Education;

(b) The operator was awarded a United States Department of Education Charter School Program Grant for Replication and Expansion of High-Quality Charter Schools within the preceding 3 years before applying to be a hope operator;

(c) The operator receives funding through the National Fund of the Charter School Growth Fund to accelerate the growth of the nation's best charter schools; or

(d) The operator is selected by a district school board in accordance with s. 1008.33.

An entity that meets the requirements of paragraph (b), paragraph (c), or paragraph (d) before the adoption by the state board of measurable criteria pursuant to paragraph (a) shall be designated as a hope operator. After the adoption of the measurable criteria, an entity, including a governing board that operates a school established pursuant to s. 1008.33(4) (b) 3., shall be designated as a hope operator if it meets the criteria of paragraph (a).

(3) Designation of hope operator.--Initial status as a hope operator is valid for 5 years from the opening of a school of hope. If a hope operator seeks the renewal of its status, such renewal shall solely be based upon the academic and financial performance of all schools established by the operator in the state since its initial designation.

(4) Establishment of schools of hope.--A hope operator seeking to open a school of hope must submit a notice of intent to the school district in which a persistently low-performing school has been identified by the State Board of Education pursuant to subsection (10). 2

(a) The notice of intent must include:

1. An academic focus and plan.

2. A financial plan.

3. Goals and objectives for increasing student achievement for the students from low-income families.

4. A completed or planned community outreach plan.

5. The organizational history of success in working with students with similar demographics.

6. The grade levels to be served and enrollment projections.

7. The proposed location or geographic area proposed for the school and its proximity to the persistently low-performing school.

8. A staffing plan.

(b) Notwithstanding the requirements of s. 1002.33, a school district shall enter into a performance-based agreement with a hope operator to open schools to serve students from persistently low-performing schools.

(5) Performance-based agreement.--The following shall comprise the entirety of the performance-based agreement:

(a) The notice of intent, which is incorporated by reference and attached to the agreement.

(b) The location or geographic area proposed for the school of hope and its proximity to the persistently low-performing school.

(c) An enumeration of the grades to be served in each year of the agreement and whether the school will serve children in the school readiness or prekindergarten programs.

(d) A plan of action and specific milestones for student recruitment and the enrollment of students from persistently low- performing schools, including enrollment preferences and procedures for conducting transparent admissions lotteries that are open to the public. Students from persistently low-performing schools shall be exempt from any enrollment lottery to the extent permitted by federal grant requirements.

(e) A delineation of the current incoming baseline standard of student academic achievement, the outcomes to be achieved, and the method of measurement that will be used.

(f) A description of the methods of involving parents and expected levels for such involvement.

(g) The grounds for termination, including failure to meet the requirements for student performance established pursuant to paragraph (e), generally accepted standards of fiscal management, or material violation of terms of the agreement. The nonrenewal or termination of a performance-based agreement must comply with the requirements of s. 1002.33(8).

(h) A provision allowing the hope operator to open additional schools to serve students enrolled in or zoned for a persistently low-performing school if the hope operator maintains its status under subsection (3).

(i) A provision establishing the initial term as 5 years. The agreement shall be renewed, upon the request of the hope operator, unless the school fails to meet the requirements for student performance established pursuant to paragraph (e) or generally accepted standards of fiscal management or the school of hope materially violates the law or the terms of the agreement.

(j) A requirement to provide transportation consistent with the requirements of ss. 1006.21-1006.27 and s. 1012.45. The governing body of the school of hope may provide transportation through an agreement or contract with the district school board, a private provider, or parents of enrolled students. Transportation may not be a barrier to equal access for all students residing within reasonable distance of the school.

(k) A requirement that any arrangement entered into to borrow or otherwise secure funds for the school of hope from a source other than the state or a school district shall indemnify the state and the school district from any and all liability, including, but not limited to, financial responsibility for the payment of the principal or interest.

(l) A provision that any loans, bonds, or other financial agreements are not obligations of the state or the school district but are obligations of the school of hope and are payable solely from the sources of funds pledged by such agreement.

(m) A prohibition on the pledge of credit or taxing power of the state or the school district.

(6) Statutory authority.--

(a) A school of hope may be designated as a local education agency, if requested, for the purposes of receiving federal funds and, in doing so, accepts the full responsibility for all local education agency requirements and the schools for which it will perform local education agency responsibilities. Students enrolled in a school established by a hope operator designated as a local educational agency are not eligible students for purposes of calculating the district grade pursuant to s. 1008.34(5).

(b) For the purposes of tort liability, the hope operator, the school of hope, and its employees or agents shall be governed by s. 768.28. The sponsor shall not be liable for civil damages under state law for the employment actions or personal injury, property damage, or death resulting from an act or omission of a hope operator, the school of hope, or its employees or agents. This paragraph does not include any for-profit entity contracted by the charter school or its governing body.

(c) A school of hope may be either a private or a public employer. As a public employer, the school of hope may participate in the Florida Retirement System upon application and approval as a covered group under s. 121.021(34). If a school of hope participates in the Florida Retirement System, the school of hope's employees shall be compulsory members of the Florida Retirement System.

(d) A hope operator may employ school administrators and instructional personnel who do not meet the requirements of s. 1012.56 if the school administrators and instructional personnel are not ineligible for such employment under s. 1012.315.

(e) Compliance with s. 1003.03 shall be calculated as the average at the school level.

(f) Schools of hope operated by a hope operator shall be exempt from chapters 1000-1013 and all school board policies. However, a hope operator shall be in compliance with the laws in chapters 1000-1013 relating to:

1. The student assessment program and school grading system.

2. Student progression and graduation.

3. The provision of services to students with disabilities.

4. Civil rights, including s. 1000.05, relating to discrimination.

5. Student health, safety, and welfare.

6. Public meetings and records, public inspection, and criminal and civil penalties pursuant to s. 286.011. The governing board of a school of hope must hold at least two public meetings per school year in the school district in which the school of hope is located. Any other meetings of the governing board may be held in accordance with s. 120.54(5)(b) 2.

7. Public records pursuant to chapter 119.

8. The code of ethics for public officers and employees pursuant to ss. 112.313(2), (3), (7), and (12) and 112.3143(3).

(g) Each school of hope shall report its students to the school district as required in s. 1011.62, and in accordance with the definitions in s. 1011.61. The school district shall include each charter school's enrollment in the district's report of student enrollment. All charter schools submitting student record information required by the department shall comply with the department's guidelines for electronic data formats for such data, and all districts shall accept electronic data that complies with the department's electronic format.

(h) A school of hope shall provide the school district with a concise, uniform, quarterly financial statement summary sheet that contains a balance sheet and a statement of revenue, expenditures, and changes in fund balance. The balance sheet and the statement of revenue, expenditures, and changes in fund balance shall be in the governmental fund format prescribed by the Governmental Accounting Standards Board. Additionally, a school of hope shall comply with the annual audit requirement for charter schools in s. 218.39.

(7) Facilities.--

(a) A school of hope shall use facilities that comply with the Florida Building Code, except for the State Requirements for Educational Facilities. A school of hope that uses school district facilities must comply with the State Requirements for Educational Facilities only if the school district and the hope operator have entered into a mutual management plan for the reasonable maintenance of such facilities. The mutual management plan shall contain a provision by which the district school board agrees to maintain the school facilities in the same manner as its other public schools within the district. The local governing authority shall not adopt or impose any local building requirements or site-development restrictions, such as parking and site-size criteria, student enrollment, and occupant load, that are addressed by and more stringent than those found in the State Requirements for Educational Facilities of the Florida Building Code. A local governing authority must treat schools of hope equitably in comparison to similar requirements, restrictions, and site planning processes imposed upon public schools. The agency having jurisdiction for inspection of a facility and issuance of a certificate of occupancy or use shall be the local municipality or, if in an unincorporated area, the county governing authority. If an official or employee of the local governing authority refuses to comply with this paragraph, the aggrieved school or entity has an immediate right to bring an action in circuit court to enforce its rights by injunction. An aggrieved party that receives injunctive relief may be awarded reasonable attorney fees and court costs.

(b) Any facility, or portion thereof, used to house a school of hope shall be exempt from ad valorem taxes pursuant to s. 196.1983. Library, community service, museum, performing arts, theatre, cinema, church, Florida College System institution, college, and university facilities may provide space to schools of hope within their facilities under their preexisting zoning and land use designations without obtaining a special exception, rezoning, or a land use change.

(c) School of hope facilities are exempt from assessments of fees for building permits, except as provided in s. 553.80; fees for building and occupational licenses; impact fees or exactions; service availability fees; and assessments for special benefits.

(d) No later than October 1, each school district shall annually provide to the Department of Education a list of all underused, vacant, or surplus facilities owned or operated by the school district. A hope operator establishing a school of hope may use an educational facility identified in this paragraph at no cost or at a mutually agreeable cost not to exceed $600 per student. A hope operator using a facility pursuant to this paragraph may not sell or dispose of such facility without the written permission of the school district. For purposes of this paragraph, the term “underused, vacant, or surplus facility” means an entire facility or portion thereof which is not fully used or is used irregularly or intermittently by the school district for instructional or program use.

(8) Noncompliance.--A school district that does not enter into a performance-based agreement within 60 days after receipt of a notice of intent shall reduce the administrative fees withheld pursuant to s. 1002.33(20) to 1 percent for all charter schools operating in the school district. Upon execution of the performance-based agreement, the school district may resume withholding the full amount of administrative fees, but may not recover any fees that would have otherwise accrued during the period of noncompliance. Any charter school that had administrative fees withheld in violation of this subsection may recover attorney fees and costs to enforce the requirements of this subsection. A school district subject to the requirements of this section shall file a monthly report detailing the reduction in the amount of administrative fees withheld.

(9) Funding.--

(a) Schools of hope shall be funded in accordance with s. 1002.33(17).

(b) Schools of hope shall receive priority in the department's Public Charter School Grant Program competitions.

(c) Schools of hope shall be considered charter schools for purposes of s. 1013.62, except charter capital outlay may not be used to purchase real property or for the construction of school facilities.

(d) Schools of hope are eligible to receive funds from the Schools of Hope Program.

(10) Schools of Hope Program.--The Schools of Hope Program is created within the Department of Education.

(a) A school of hope is eligible to receive funds from the Schools of Hope Program for the following expenditures:

1. Preparing teachers, school leaders, and specialized instructional support personnel, including costs associated with: a. Providing professional development. b. Hiring and compensating teachers, school leaders, and specialized instructional support personnel for services beyond the school day and year.

2. Acquiring supplies, training, equipment, and educational materials, including developing and acquiring instructional materials.

3. Providing one-time startup costs associated with providing transportation to students to and from the charter school.

4. Carrying out community engagement activities, which may include paying the cost of student and staff recruitment.

5. Providing funds to cover the nonvoted ad valorem millage that would otherwise be required for schools and the required local effort funds calculated pursuant to s. 1011.62 when the state board enters into an agreement with a hope operator pursuant to subsection (5).

(b) A traditional public school that is required to submit a plan for implementation pursuant to s. 1008.33(4) is eligible to receive up to $2,000 per full-time equivalent student from the Schools of Hope Program based upon the strength of the school's plan for implementation and its focus on evidence-based interventions that lead to student success by providing wrap-around services that leverage community assets, improve school and community collaboration, and develop family and community partnerships. Wrap-around services include, but are not limited to, tutorial and after-school programs, student counseling, nutrition education, parental counseling, and adult education. Plans for implementation may also include models that develop a culture of attending college, high academic expectations, character development, dress codes, and an extended school day and school year. At a minimum, a plan for implementation must:

1. Establish wrap-around services that develop family and community partnerships.

2. Establish clearly defined and measurable high academic and character standards.

3. Increase parental involvement and engagement in the child's education.

4. Describe how the school district will identify, recruit, retain, and reward instructional personnel. The state board may waive the requirements of s. 1012.22(1)(c) 5., and suspend the requirements of s. 1012.34, to facilitate implementation of the plan.

5. Identify a knowledge-rich curriculum that the school will use that focuses on developing a student's background knowledge.

6. Provide professional development that focuses on academic rigor, direct instruction, and creating high academic and character standards.

1. Provide awards for up to 25 schools and prioritize awards for plans submitted pursuant to paragraph (b) that are based on whole school transformation and that are developed in consultation with the school's principal.

2. Annually report on the implementation of this subsection in the report required by s. 1008.345(5), and provide summarized academic performance reports of each traditional public school receiving funds.

(d) Notwithstanding s. 216.301 and pursuant to s. 216.351, funds allocated for the purpose of this subsection which are not disbursed by June 30 of the fiscal year in which the funds are allocated may be carried forward for up to 5 years after the effective date of the original appropriation.

(11) State Board of Education authority and obligations.--Pursuant to Art. IX of the State Constitution, which prescribes the duty of the State Board of Education to supervise the public school system, the State Board of Education shall:

(a) Publish an annual list of persistently low-performing schools after the release of preliminary school grades.

(b) Adopt a standard notice of intent and performance-based agreement that must be used by hope operators and district school boards to eliminate regulatory and bureaucratic barriers that delay access to high quality schools for students in persistently low-performing schools.

(c) Resolve disputes between a hope operator and a school district arising from a performance-based agreement or a contract between a charter operator and a school district under the requirements of s. 1008.33. The Commissioner of

Education shall appoint a special magistrate who is a member of The Florida Bar in good standing and who has at least 5 years' experience in administrative law. The special magistrate shall hold hearings to determine facts relating to the dispute and to render a recommended decision for resolution to the State Board of Education. The recommendation may not alter in any way the provisions of the performance-based agreement under subsection (5). The special magistrate may administer oaths and issue subpoenas on behalf of the parties to the dispute or on his or her own behalf. Within 15 calendar days after the close of the final hearing, the special magistrate shall transmit a recommended decision to the State Board of Education and to the representatives of both parties by registered mail, return receipt requested. The State Board of Education must approve or reject the recommended decision at its next regularly scheduled meeting that is more than 7 calendar days and no more than 30 days after the date the recommended decision is transmitted. The decision by the State Board of Education is a final agency action that may be appealed to the District Court of Appeal, First District in accordance with s. 120.68. A charter school may recover attorney fees and costs if the State Board of Education determines that the school district unlawfully implemented or otherwise impeded implementation of the performance-based agreement pursuant to this paragraph.

(d) Provide students in persistently low-performing schools with a public school that meets accountability standards. The State Board of Education may enter into a performance-based agreement with a hope operator when a school district has not improved the school after 3 years of the interventions and support provided under s. 1008.33 or has not complied with the requirements of subsection (4). Upon the State Board of Education entering into a performance-based agreement with a hope operator, the school district shall transfer to the school of hope the proportionate share of state funds allocated from the Florida Education Finance Program.

(12) Rules.--The State Board of Education shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this section.

Credits Added by Laws 2017, c. 2017-116, § 43, eff. June 15, 2017. Amended by Laws 2018, c. 2018-6, § 11, eff. July 1, 2018.

Footnotes 1 26 U.S.C.A. § 501(c)(3). 2 Reviser’s Note--2018: Subsection (11) provides for identification of persistently low-performing schools through publication of an annual list. West's F. S. A. § 1002.333, FL ST § 1002.333 Current through the 2018 Second Regular Session of the 25th Legislature.

West's Florida Statutes Annotated Florida Constitution--1968 Revision (Refs & Annos) Article IX. Education (Refs & Annos)

West's F.S.A. Const. Art. 9 § 1

§ 1. Public education

Currentness

(a) The education of children is a fundamental value of the people of the State of Florida. It is, therefore, a paramount duty of the state to make adequate provision for the education of all children residing within its borders. Adequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools that allows students to obtain a high quality education and for the establishment, maintenance, and operation of institutions of higher learning and other public education programs that the needs of the people may require. To assure that children attending public schools obtain a high quality education, the legislature shall make adequate provision to ensure that, by the beginning of the 2010 school year, there are a sufficient number of classrooms so that:

(1) The maximum number of students who are assigned to each teacher who is teaching in public school classrooms for prekindergarten through grade 3 does not exceed 18 students;

(2) The maximum number of students who are assigned to each teacher who is teaching in public school classrooms for grades 4 through 8 does not exceed 22 students; and

(3) The maximum number of students who are assigned to each teacher who is teaching in public school classrooms for grades 9 through 12 does not exceed 25 students.

The class size requirements of this subsection do not apply to extracurricular classes. Payment of the costs associated with reducing class size to meet these requirements is the responsibility of the state and not of local school districts. Beginning with the 2003-2004 fiscal year, the legislature shall provide sufficient funds to reduce the average number of students in each classroom by at least two students per year until the maximum number of students per classroom does not exceed the requirements of this subsection.

(b) Every four-year old child in Florida shall be provided by the State a high quality pre-kindergarten learning opportunity in the form of an early childhood development and education program which shall be voluntary, high quality, free, and delivered according to professionally accepted standards. An early childhood development and education program means an organized program designed to address and enhance each child's ability to make age appropriate progress in an appropriate range of settings in the development of language and cognitive capabilities and emotional, social, regulatory and moral capacities through education in basic skills and such other skills as the Legislature may determine to be appropriate.

(c) The early childhood education and development programs provided by reason of subparagraph (b) shall be implemented no later than the beginning of the 2005 school year through funds generated in addition to those used for

© 2018 Thomson Reuters. No claim to original U.S. Government Works. C.A. 000012 1 § 1. Public education, FL CONST Art. 9 § 1 existing education, health, and development programs. Existing education, health, and development programs are those funded by the State as of January 1, 2002 that provided for child or adult education, health care, or development.

Credits Amended, general election, Nov. 3, 1998; general election, Nov. 5, 2002.

Editors' Notes

COMMENTARY TO 1998 AMENDMENT

<1998 Amendment>

<(1997-98 Constitution Revision Commission Revision 6)>

Revision 6 amended section 1 relating to public education by (1) making education a “fundamental value,” (2) making it a paramount duty of the state to make adequate provision for the education of children, and (3) defining “adequate provisions” by requiring that the public school system be “efficient, safe, secure, and high quality.”

The “fundamental value” language, new to the constitution, was codified from the language taken from the Florida Supreme Court decision in Coalition for Adequacy and Fairness in School Funding, Inc. v. Chiles, 680 So.2d 400 (Fla. 1996). Early proposals presented before the Constitution Revision Commission framed education in terms of being a “fundamental right.” In response to concerns of commissioners that the state might become liable for every individual's dissatisfaction with the education system, the term “fundamental value” was substituted.

The “paramount duty” language represents a return to the 1868 Constitution, which provided that “[i]t is the paramount duty of the State to make ample provisions for the education of all children residing within its borders, without distinction or preference.” In 1885, the “paramount duty” language was dropped from the constitution, and the governing provision merely stated that “the legislature shall provide for a uniform system of public free schools and shall provide for the liberal maintenance of the same.”

The addition of “efficient, safe, secure, and high quality” represents an attempt by the 1997-98 Constitution Revision Commission to provide constitutional standards to measure the “adequacy” provision found in the second sentence of section 1. The action of the commission was in direct response to recent court actions seeking a declaration that Article IX, section 1 created a fundamental right to an adequate education, which the state had arguably violated by failing to provide sufficient resources to public education. In Coalition for Adequacy and Fairness in School Funding, Inc. v. Chiles, 680 So.2d 400 (Fla. 1996), the court rejected the notion of a fundamental right to education and found that the issue of “adequacy” was a nonjusticiable, political question. The court found that absent definable standards to provide guidance in determining “adequacy” the court would be usurping the legislature's powers. Subsequently in Advisory Opinion to the Attorney General Re: Requirements for Adequate Public Education Funding, 703 So.2d 446, 449 (Fla. 1997), Justice Anstead, writing in a dissent, noted that the court would have benefited in the earlier Coalition for Adequacy case “if there had been an express statement in the constitution defining ‘adequate provision’ to guide us.” In direct response to those rulings, the 1997-98 Constitution Revision Commission added “efficient, safe, secure, and high quality” as standards for determining the “adequacy” of public education. In other states, these same terms have been

found to be measurable and meaningful. (See DeRolph v. State, 677 N.E.2d 733 (Ohio 1997) (the court found meaningful standards within the “thorough and efficient standard” established by the Ohio Supreme Court).

Notes of Decisions (86)

West's F. S. A. Const. Art. 9 § 1, FL CONST Art. 9 § 1 Current through November 8, 2016, General Election

West's Florida Statutes Annotated Florida Constitution--1968 Revision (Refs & Annos) Article IX. Education (Refs & Annos)

West's F.S.A. Const. Art. 9 § 2

§ 2. State board of education

Currentness

The state board of education shall be a body corporate and have such supervision of the system of free public education as is provided by law. The state board of education shall consist of seven members appointed by the governor to staggered 4-year terms, subject to confirmation by the senate. The state board of education shall appoint the commissioner of education.

Credits Amended, general election, Nov. 3, 1998.

Editors' Notes

COMMENTARY TO 1998 AMENDMENT

<1998 Amendment>

<(1997-98 Constitution Revision Commission Revision 8)>

Revision 8 created an appointed State Board of Education in lieu of one composed of the elected governor and cabinet. Pursuant to Revision 8, the State Board will be composed of seven members appointed by the governor, subject to senate confirmation, with the duty to oversee the state's education system. The State Board will in turn appoint the Commissioner of Education.

This amendment was part of the cabinet restructure amendment. The purpose of this proposal was to place the responsibilities for the public education system with a body whose sole focus was education rather than a system in which the governor and cabinet were responsible for issues of education along with issues relating to land use, state lands, clemency, and state law enforcement. This amendment increased the governor's accountability for education policy by providing that the governor alone makes all the appointments to the State Board of Education. The effective date of this change is January 7, 2003 (Article XII, section 24).

Notes of Decisions (4)

West's F. S. A. Const. Art. 9 § 2, FL CONST Art. 9 § 2 Current through November 8, 2016, General Election

West's Florida Statutes Annotated Florida Constitution--1968 Revision (Refs & Annos) Article IX. Education (Refs & Annos)

West's F.S.A. Const. Art. 9 § 4

§ 4. School districts; school boards

Currentness

(a) Each county shall constitute a school district; provided, two or more contiguous counties, upon vote of the electors of each county pursuant to law, may be combined into one school district. In each school district there shall be a school board composed of five or more members chosen by vote of the electors in a nonpartisan election for appropriately staggered terms of four years, as provided by law.

(b) The school board shall operate, control and supervise all free public schools within the school district and determine the rate of school district taxes within the limits prescribed herein. Two or more school districts may operate and finance joint educational programs.

Credits Amended, general election, Nov. 3, 1998.

Editors' Notes

COMMENTARY TO 1998 AMENDMENT

<1998 Amendment>

<(1997-98 Constitution Revision Commission Revision 11)>

Revision 11 amended section 4(a) to provide that all school board elections shall be non-partisan. This amendment was part of a larger election reform package (amending Article IV, section 5(a) and Article VI, sections 1, 2, 5, and 7) offered by the 1997-98 Constitution Revision Commission. As a result of this amendment, school board members will join judicial candidates (Article V, section 13) as Florida's only other non-partisan candidates for state office.

Prior to the adoption of revision 11, section 230.08, Florida Statutes, required partisan school board elections. In addition, except for charter counties, Article III, section 11(a)(1) of the Florida Constitution prohibited special laws pertaining to the election of officers. Therefore, only charter counties had the option of conducting nonpartisan elections of their school board members. See Kane v. Robbins, 556 So. 2d 1381 (Fla. 1989) (special act of legislature for nonpartisan school board elections was unconstitutional because it violated state constitution which prohibited special laws pertaining to election of officers); County of Volusia et al. v. Quinn, 700 So. 2d 474 (Fla. 5th DCA 1997) (county's home rule charter could constitutionally be amended to provide

for nonpartisan election of school board members). See also School Board of Palm Beach County v. Winchester, 565 So. 2d 1350 (Fla. 1990).

COMMENTARY

Subsection (a). This subsection was patterned after the Constitutional Revision Commission proposal. The statement that each county is to constitute a school district is new in this constitution. The provision that allows contiguous counties may be combined into a single district appeared in the Revision Commission recommendation, however, the referendum requirement is new in this section.

The 1885 Constitution in Article XII, Section 10, provided that a county or counties may be divided into convenient school districts and Article XII, Section 11 of the Constitution of 1885 provided that municipalities could be school districts. Article XIII, Section 10 of the 1885 Constitution also provided for the biennial election of three school trustees to manage the district school system although the trustees could be abolished by the electorate of each county after 1956 (Senate Joint Resolution 638, 1955, adopted in 1956). In place of the trustees, the county board of public instruction would be empowered with the powers and duties of the trustees.

The provision that counties could be combined into one school district is new. It is entire county units which may be combined, whereas under the 1885 wording, segments of counties could constitute separate districts or be combined with other districts. Under the present provision, only the county unit is treated.

The size of the board is also treated differently in the legislature's draft. The Revision Commission recommended setting the size of the school board at five, whereas under this section the number may be larger than five. The Revision Commission did recommend some detailed language dealing with the setting of residence requirements of board members by general law. It also recommended that, where authorized by local law, up to six additional members meeting residence requirements set by local law could be elected for four year terms. The present section deleted reference to residence requirements, leaving the matter up to general law. The 1885 Constitution provided for the biennial election of three “school trustees” who held office for two years.

There was no analogous provision in any of Florida's constitutions prior to 1885.

Subsection (b). This subsection is very close to the Revision Commission proposal with some minor drafting and clarifying changes. The word “free” did not appear in the Revision Commission proposal. Nor did the clause limiting the tax rate within the limits prescribed in the constitution. (See Article VII, Section 9(b). The millage limits contained in Article VII were not part of the Revision Commission's recommendations.)

The 1885 Constitution gave the school trustees “supervision of all the schools within the district.” However, the legislature was given the power to provide for school taxes “whenever a majority of the qualified electors . . . shall vote in favor of such levy.” There was a ten-mill limit for taxes levied under that section of the 1885 Constitution for any one year. Prior to a 1922 amendment, the limit was set at three mills.

Power to implement joint educational programs, now resting with the school boards, was conditioned on authorization by law under the Revision Commission proposal.

Notes of Decisions (41)

West's F. S. A. Const. Art. 9 § 4, FL CONST Art. 9 § 4 Current through November 8, 2016, General Election

FUNK & WAGNALLS NEW YORK

Funk & Wagnalls STANDARD COLLEGE DICTIONARY Library of Congress Catalog Card No. 66-21606

"STANDARD" IS A REGISTERED TRADEMARK OF THE READER'S DIGEST ASSOCIATIQN, INC.

MANUFACTURED IN THE UNITED STATES OF AMERICA 8

C.A. 000020 open-hearth 946 opin opinion

open-hearth (ofpen•hfirth/) adj. Metall. 1. Designating a operations research The application of scientific r. is an opinion; think; conject steel-making process in which the ma- mathematical analysis. and technical skills to insur. < MF opiner < L opinari t terial is melted in a shallow reverbera- mum efficiency in industry and government. Al- Ton (a•pintyan, 6-) n. 1. A tory furnace open at each end to ad- operational research. jth confidence, but falling she mit fuel and air, and permitting close op•er.a.tive (opter-a-tiv, -a•raitiv) adj. 1. Exerti' estimation or judgment give control of the finished product. 2. or influence. 2. Moving or working efficiently; : expert or experts. 3. A jud Describing steel made by this process. 3. Being in operation or in force. 4. Connected nce or value of a person or open house 1. A house or a social tions: operative surgery. 5. Concerned with practic:. .'ing sentiment: public opinic event in which hospitality is extended OPEN-HEARTH mechanical or manual. - n. FURNACE 1. A person emplor. .ncement of the conclusions , to all who wish to come. 2. An occa- skilled worker, as in a mill or factory. 2. Infer. . -onis < opinari to think] sion when a school, factory, institu- a Molten pig iron. b tective; secret agent. [< F or < Med.L operate Syn. 1, 3. Opinion, sentiment, t771 tion, etc., is open to visitors. Scrap steel. c Lime- operari to work] - opter(a.tive(ly adv. ate to one's thoughts about a s Open•ing (otpaming) n. 1. The act stone lining. d oper•a•tor (opta•ra-ttr) n. 1. One who works or . judgment in a matter of object of becoming open or of causing to be Steel basin. e Hot air. f Hot gas. a machine or mechanism: a telegraph operator. 2. one's feeling in what is a matte open. 2. A vacant or unobstructed owns or directs some commercial or industrial the latter sense, it is a close space, as a hole, passage, or gap; a space. 3. A tract in a merit: the operator of a coal mine. 3. A broker. refers to the first reaction of forest where trees are lacking or thinly scattered. 4. An One who performs operations. 5. Math. A syr ::ition that warrants an opinit aperture in a wall, especially one for the admission of light or briefly indicates a mathematical process. 6. Slane term embracing both opinions air. 5. The first part or stage, as of a period, act, or process. craftily obtains things with little or no cost to hin emphasizes the warmth of feeli for or the beginning of something: the play's or belief, with which one holds 6. A first time quite an operator. - Syn. See DOER. [< LL, m HYPOTHESIS. opening. 7. In chess, checkers, etc., a specific series of open- operari to work] :on.a.t.ed (o•pinfyan•Vtid, 5-; ing moves 9. An opportunity for action, especially in busi- oper-cu•late (6-parfky66-lit, -16.t) adj. Having a to one's own opinion. - o ness. - ,. See BEGINNING, OPPORTUNITY. lum. Also operteu•lated. lon•ative (o•pin/yQmiiitiv, 6- open marl c A market accessible to all buyers and sellers, opper•cudum (o•ptirfky66.1am) n. pl.. .1a (-I he nature 01 opinion. - O.] as opposes o a market restricted to a specific group. A lidlike part or•organ, as of the capsule in mo. n. open-minded (6/pommintdid) adj. Free from prejudiced flowering plants. 2. Zool. a A horny or shelly pla begpathous (op/isdhogfna conclusions; amenable to reason; receptive. - ofpen- gastropods, serving to close the aperture when the jaws: opposed to prognathou mindled•ly adv. - o,pen•mincl/edmess n. retracted. b In fishes, the gill cover. c In the hors, gnathos jaw] - opiis•thoWn open-mouthed (ofnemmouthdf, -mouthtf) adj. 1. Having the plate that covers the abdominal limbs. For open; gaping, as in wonder or surprise. 2. Noisy; -7 (olpe•em) n. A milky exi the mouth see HORSESHOE CRAB. 3. Anat. A part of the cerel: of the opium poppy (Popov clamorous. 3. Greedy; voracious. Also oper•cele (o•parfsQ, o•per/cule (-kyool). ixture of alkaloids, including open sesame An unfailing means or formula for opening covering, lid < operzre to cover] - opericu.lar .otic, having a bitter taste al secret doors and gaining entrance: an allusion to the tale of ope•re ci•ta•to (oprere sT•taftO) Latin In the Ali Baba and the Forty Thieves in the Arabian Nights. pion opium, dim. of opos v( or quoted. Abbr. o.c., op. cit. opera. [< Ito. (otpe.em•iztam) n. Pal ment whose policy is to hire only nonunion labor. opera. See OPERA.] pium. 2. A morbid conditic open syllable A syllable ending in a vowel or diphthong. op•er.ose (opfo•ros) adj. 1. Involving labor: 1•doc (opte.deltdok) n. A open stock In merchandising, extra or additional parts of a 2. Industrious; diligent. E< L operosus < •,_< Gk opos vegetable jui set, as of dishes, that are always kept in stock. labor] - opfer•oseily adv. opter•oseiness n. o v>portto) A port city in -a open timber A forest having no undergrowth. oph•i•cleide (ofte•klid) n. An obsolete brass pop. 303,990 (est. 1959): Pa open•work (Olpon•wfirki) n. Any product of art or handi- strument of bass range with pitches regulated -um (alp °stem, postern) a. craft containing numerous small openings. the side of its tube. [< F ophicleide < Gk. opi T);delphis) of largely arbore; op•er.a (optar.e, op/re), Plural of OPUS. n. 1. A form of kleis, kleidos key] ;:rehensile paws and tail; esi drama in which music is a dominant factor, made up of arias, ophid•i•an (5-fidfe•en) n. One of a group .(su. opossum (• D. virginiana), T recitatives, choruses, etc., with orchestral accompaniment, pentes or Ophidia) of limbless reptiles with. Jaws neatened: also called posses scenery, acting, and sometimes dance. See GRAND OPERA, y. elastic ligaments; a serpent or snake. - apasum white animal.] OPERA COMIQUE. 2. A particular musical drama or its music taming to snakes; snakelike. [ < NL < Gk. op' in shrimp A crustacean (fa or libretto. 3. An opera house. Abbr. op. [< Ital. < L, ophio- combining form Serpent; of or pertaining ggs in a pouch beneath the service, work < opus, operis work] - op.er.at.ie (op•a• ophiolatry. Also, before vowels, ophi-. [< Gk. e, )pp osed. 2. Opposite. rattik) adj. - opfer•atli•cal•ly adv. oplpi•obaAry (ofie•ol/o-tre) n. Serpent WO:' heim (opfen•him), E(dwar oper•a•ble (optar•e-bal) adj. 1. Capable of treatment by OPHIO- -LATRY] - ophii•ol/a.trous adj. novelist. surgical operation. 2. Practicable. - opter•a•bilti•ty n. Ophir (offer) In the Bible, a land rich in gold heim•er kola/an-hi/mar), J. op&ra bouffe (8.pa-ra bo-oft) French A farcical comic Solomon obtained his wealth. i Kings x 11. opera. Also Ital. o'pe'ra buffo (o/IA-1'a bo-of/f a). oph•ite (offit, alfit) n. A variety of greenish al (opfo•den) adj. Relating ope•ra co•mique (o•pa-ra ktioniCkt) French 1. Originally, occurring in the Pyrenees. [< L ophites < College in England, a stude an opera having spoken dialogue and usually a less serious (lithos) serpentine (stone) < ophis serpent] :,idanus of a town < oppidi subject than grand opera. 2. In the nineteenth century, ophit•ic (5.fitfik) adj. Describing a rock textu: e (opte•lat) v.t. •lat•ed, •lat an opera having spoken dialogue. ized by feldspar crystals in a matrix of pyroxene : constipate. E< L oppitatia opera glass Small binoculars suitable for use at the Gk. ophites like a serpent] - against + pz7are to ram d( theater. Also opera glasses. Oah•ip•chus (ofte•yabtkas, aife-) n. A cons- : -Iaition 97. opera hat A man's top hat, having a collapsible crown. Serpent-holder or Doctor. See CONSTELLATION. nt (a•polnant) n. One Aria( opera house A theater adapted for performance of operas. ophieuchos < ophis serpent + echein to hold] debate; antagonist. - Sy op'er'and (opter•and) n. Math. Any quantity or symbol ophthal. or ophthalm. Ophthalmology. against something or SO1 upon which an operation is performed. [< L operandus, oph.thal•mip (of.thaltin•a) n. Pathol. inging one part, as of a mu gerundive of operari to work] the eve, its membranes, or its lids. Also oph.th., 3. Standing in front; opp oneenate (opte•rdt) /7. pt.ed, v.i. 1. To act or [ < LL < Gk. < opthalmos eye] of opponere to set against function, especially with force or influence; work. 2. To oph'thal'mic (of.thaltmik) adj. Of, for, or per - op•poinemcy n. bring about or produce the proper or intended effect. 3. eye: an ophthalmic ointment. inc (opter•tdont, -tyCiOnt) Sung. To perform an operation. 4. To deal in securities, oph•thabmi•tis (of/thalmittis) n. Pathol. : ecially right or fit: an oppo stocks, etc., especially speculatively. 5. To carry on a of the eye, including the outer and internal stn right moment; timely. [ military or naval operation: usually with against. - v.t ophthalmo- combining form Eye; pertaining ;-tunus favorable, lit., (a • 6. To control the working of, as a machine. 7. To manage ophthalmology. Also, before vowels, ophthalm-. opipor•tuneny adv. -opd or conduct the affairs of: to operate a business. 8. To bring thalmos eye] nist (opter•tOotnist, -ty56 about or cause; effect. [< L operates, pp. of operari to work, oph•thal•mobo•gist (ofithalmolte•jist) n. ortunity to contribute to tl have effect < opus, operis work] - opter•at/a•ble adj. specializing in ophthalmology. who is relatively uninfluem op'era'ted (opte•rattid) 'adj. Made to operate by a (spe- oph•thal•mol-o-gy (of/thalmolfeje) n. The ent. - optpor•tu•nisttic cified) means or agency: used in combination: coin-operated. ing with the structure, functions, and diseases r•tu/nism n. oper•a•tion (opta-ratshan) n. 1. The act or process of oph-thaltmo•logfic (-ma dojtik) or •i•cal adj. 1•ni..ty (opior•tero/ne•te, -ty5 operating. 2. A method of exercising or applying force; a oph•thal•mo•scope (oIthal/mo•skop) n. An , rent time; favorable occash mode of action. 3. An act or transaction, especially in the ment for illuminating and viewing the center e ite < L opportunitas fitn( stock market. 4. A course or series of acts to effect a certain oph•thalfmo•scop/ic (-skoptik) or adj. - OPPORTUNE.] purpose; process. 5. The state of being in action: to be mos•copy (oftthalmostke•pe) n. Opportunity, chance, opening, in operation. 6. Surg. Any systematic manipulation upon or -opia combining form Med. A (specified) deft as they denote a time or sirs within the body, performed either with or without instru- or condition of sight: myopia. Also spelled -e le purpose. When such a pro ments, to restore disunited or course of events, we call it deficient parts, to remove dis- -opia < ON, opos the eye] me by accident or unexpectec eased or injured parts. or to extract foreign matter. 7. Math. opi•ate (n. & adj. ofpe-lt, -at; v. Ofpe•Ett) n. n opportunity that permits o a The act of making a change in the value or form of a quan- containing opium or one of its derivatives. 1: e, embark on a career, etc. T tity. b The change itself as indicated by symbols or rules. inducing relaxation or sleep. - adj. 1. Cot stresses in addition the emer 8. A military or naval campaign. Abbr. op. [< OF, deed urn. 2. Tending to induce sleep. - v.t. •at, opposing circumstances. Occa < L operatio. -onis work < operari to work] To treat with opium or an opiate. 2. To dew' me suitable to some action, or op•er•ation•al (opia•rafshomal) adj. 1. Of or pertaining Med.L opiatus, pp. of opiare to treat with opity to an operation or operations. 2. Checked and serviced for See OPIUM.] noN KEY: add, ace, care, pid ready operation, as an aircraft. opine (5-pin/) v.t. & v.i. opined, opin•ing 1 on, u in focus; y55 = u in ful

C.A. 000021 ute contribution 295 conventionality which see). •ontributed to the king's downfall. 4. To make a contribu- corptu•me•ly (konfteio•ma•le, -meng; ken-to-g/m.1E, [< L contributus, pp. of contribuere < coin- together + -tyob, -) a. p/. 4ies 1. Insulting rudeness in speech or man- 1. To indi- 'ranters to grant, allot] - e,on•tribrut-a•ble adj. - eon• ner; scornful insolence. 2. An insult, or an insulting act. 1g or treat- trib(u•tive adj. - con.tribfu.tive-ly adv. - con.tribtu.tive• [< OF contumelie < L contumetia reproach] - comtu•me, .cartion n. ness con.trib(u.tor n. (lionitcro-m011e-as, -tydd-) adj. - conftu-me,11ous1y ontri-bution (konttra•byobishan) n. I. The act of con- adv. - conttu.mefli•ous.ness L. The low- n. ^ibuting. 2. Something contributed. 3. An article, story, con-Oise (kamto-Ozt, -tydeezf) v.t. •tused, 4usdng To bruise and tenor. by a .he highest tc., furnished to a periodical. 4. An impost or levy. blow or impact. [< L contusus, pp. of contundere < rtaining to on4rinu-tnry (kan•tribfya-tOrte, -ttlife) adj. 1. Con- corn- together + tundere to beat] ,ributing, as money or aid. 2. Helping toward a result; that con 4u. s ion (keinto-ofzhan, -tycrOf-) n. 1. An injury in which icing oppo- orms a contribution. 3. Liable to an impost. - Syn. See the skin remains unbroken; a bruise. 2. The act of bruising. IUXILIAR1% n. p/. •ries One who or that which con- ennun-drum (kamunfdram) n. 1. A riddle of which the ,ontrivance rihutes. answer depends on a pun. 2. Any problem or puzzle. - orotrite (ken•tritf, konftrit) adj. 1. Deeply and humbly Syn. See PUZZLE. [Origin unknown] . Of or per- sorry for one's sins; penitent. 2. Resulting from remorse: CONUS Mil. Continental United States. :onstructed ontrite tears. [< OF contrit < L contritus, pp. of conterere con•va.lesce (konive-lest) •lese.ing To recover Ital. con- to grind, crush < com- together terere to rub] -con. after illness; regain good health. [< L convalescere < cam- ). trite/ly adv. -- con4,rite/ness n. thoroughly valescere. inceptive of valere to be strong] One skilled on-tri•tion (keretrishten) it. 1. Sincere sorrow for wrong- con•va-les•cence (konive-lestans) n. 1. Gradual recovery doing. 2. Theol. a A feeling of repentance for sin, with an from illness. 2. The period of such recovery. l'he quality intention to amend, arising from love of God and considera- con.va•les-cent (konnve-lestent) adj. 1. Recovering from proposition tion of his goodness (perfect contrition). b A similar feeling sickness. 2. Of or pertaining to convalescence. - n. A ,ntrariete < resulting from inferior motives. as fear of punishment (im- convalescent person. E < L convalescens, -entis, ppr. of con- perfect contrition). - Syn. See REPENTANCE. vatescere. See CONVALESCE. erse or ad- on4riv•ance (kaintrifvens) n. 1. A contriving, devising, convection (kamyekishan n. 1. Physics The transfer- or adapting, especially to a particular purpose; also, the ence of heat in a gas or liquid by currents resulting from un- koretrarfe• ability to do this. 2. That which is contrived, as a device or equal temperature and the consequent unequal densities. and. 2. In mechanical apparatus; a contraption; invention. 3. An in- Compare CONDUCTION. 2. Meteorol. A thermal process Tversely. genious plan; stratagem; trick; plot. - whereby atmospheric circulation is maintained through the •ari e' ) adj. con-trive (kaintrlyt) v. •trived, •triv.ing v.t. 1. To plan in- upward or downward transfer of air masses of different tem- posite as to geniously; devise. 2. Tb plot; scheme: to contrive treachery. perature. 3. The act of conveying. [< L convectio, -onis e: contrary 3. To improvise; invent: He contrived an extra sail. 4. To < convenire < corn- together + vehere to carry] - con•veci• gererse. -- manage, as by some device or scheme: We contrived to leave tiomat adj. - con•vecItive adj. - con.veeitive•ly adv. The oppo- early. - v.i. 5. To plan, scheme, or plot. [< OF controver con-ve-nance (kontramans, Fr. kofeve-nans7) n. 1. Con- the truth of to find, invent, ? < L corn- together + tvrbare to stir up, dis- ventional usage; propriety. 2.131. The conventionalities. , but which close, find] - con.trivta•ble adj. - con.trivrer n. [< F < convenir to be proper < L convenire to meet, agree] by con- control (karetrOlt) v.t. .trolled, .trol.ling 1. To exercise a convene (ken-vW) v. .vened, .ven•ing v.t. 1. To cause to ipated pro- directing, regulatory, or governing influence over. 2. To assemble; convoke. 2. To summon to appear, as by judicial conversely. restrain; curb. 3. To regulate or verify, as an experiment, authority. - v.i. 3. To come together; assemble. - Syn. • adv. In a by comparison with a parallel experiment or other standard. See CONVOKE. [< MF convenir < L convenire < corn- to- er CONTRA- 4. To check, as an account, by means of.a duplicate register; gether + venire to come] - con.venfa.ble adj. - con• tra against] verify or rectify. - n. I. -Power to regulate and direct; venter a. command; sway. 2. A restraining influence: check. 3. A con•ven•lence (kenvenlyens) n. 1. The quality of being antithetical, standard of comparison against which to check the results convenient; suitability. 2. Personal comfort; ease; ready Tare ALIEN of a scientific experiment. 4. Often p1. Mech. A device or accommodation: a swimming pool for the convenience of ;omplaisant. set of devices used for operating or guiding a machine, air- guests. 3. Anything that increases comfort or saves work. To place in plane, etc. 5. In spiritualism, a spirit presumed to act Also Rare con•venlien•cy. -.-- at one's convenience At a ancies. 2. through a medium. Abbr. cant., contr. [;< MF contrOler < time or occasion suiting one's needs or preference. ce, etc. - OF contreroller to keep a check list < Med.L contrarotulus convenient (kareve'nfyent) adj. 1. Well suited to one's Fn. - n. 1. a check list < L contra- against + rotnins list] - eon.trolf. purpose or needs; conducive to ease or comfort. 2. Within brasted. 2. con.trolla•bie•ness 52. - eon•trolna•ble adj. easy reach; handy. 3. Obs. Appropriate; fitting. [< L con- who or that control chart Stat. A chart on which the numerical -values veniens, ppr. of convenire to be proper. See CONVENE.] 'nting, mu- of a series of observations are plotted in the order of their con-venlient.ly adv. ise occurrence and checked to determine the extent of variation convent (konlyent, -vent) n. 1. A religious community, [< from given standards of quality. quantity. performance, etc. especially of nuns, living according to an established rule. L contra- control experiment An experiment in which the signifi- 2. The building or buildings of such a community. - Syn. cance of variable factors is determined by altering them one See CLOISTER. [< AF covent, OF convent < L conventus e, and corn- at; a time under closely controlled conditions, all other factors meeting, assembly < convenire. See CONVENE.] objects. We remaining constant. con-ven-ti•cle (kan•venfti,kal) n. 1. A meeting or assembly h they are control•ler (ken-troller) n. 1. One who controls, regulates. for religious worship; especially, a secret or illicit one, as of by enumer- or directs. 2. An officer responsible for fiscal planning English dissenters in the 16th and 17th centuries. 2. The is to judge and control, including accounting, budgeting, and tax pro- meeting place of such an assembly. 3. Obs. An assembly. are not. In cedures: also spelled comptroller. 3. A mechanism that reg- E.< L conventiculum, dim. of conventus assembly < convenire. II as of dif- ulates the strength of an electric current, the speed of a ma- See CONVENE.] con•ven/ti•cler n. chine, etc. - comtrolfler.ship n. cort•vention (kemventshon) n. 1. A formal meeting of ;rast; die- control stick Aeron. The lever that operates the longi- delegates or members, as for political or professional pur- tudinal and lateral control surfaces of an airplane. poses. 2. The persons attending such a meeting. 3. Gen- lin of for- control surface Aeron. Any movable airfoil, such as the eral consent or approval; accepted custom, rule, opinion, etc. ' their at- aileron, rudder, flaps, etc.. vallatio, operated to guide or control an 4. A rule or approved technique in conduct or art; a custom - aircraft, rocket, guided missile, etc. or usage. 5. Conventionality. 6. An agreement or con- control tower A specially equipped structure at an air- tract. 7. A compact between nations, usually relating to a To come field, from which aircraft traffic is directed. specific subject. as international copyright. 8. Obs. The act gress: to con-tro.ver-sial (konftra.verfshel) adj. 1. Subject to or 3yn. See of coming together or convening. [< L conventio, -onis < characterized by controversy; debatable. 2. Given to con- convenire. See CONVENE.] contra- n.. conrtro• - con. troversy; disputatious. - conitro.vertaial.ist - con•ven4ion•al (kenevenishamel) adj. 1. Growing out of verfsiafly adv. or established by convention or custom. 2. Following or Dispute or ant and con•tro.ver.sy (konftra•vfirise) n. pt. .lies 1. conforming to approved or established practice. 3. Lacking debate regarding a matter on which opinions differ. 2. A spontaneity or originality; formal; stylized. 4. In art, sim- contra- against, 3p. con- dispute. [< L controversia < controversus turned plified or abstracted for purposes of design or decoration; herbal disputed < contra- against + verses, pp. of vertere to turn] conventionalized. 5. Established by general agreement or corntrnvert (konftro.vfirt, konitre•vfirtf) v.t. 1. To argue acceptance: a conventional symbol. 6. Law Based upon [

C.A. 000022 supersede 1346 suppor supportable

inscription, as a title or a direction; especially, an address on su•pi•na•tion (sai/pauafshon) n. Physiol. 1. Ti especially from underneath. a letter. 3. The portion of a medic',I prescription that begins turning the palm of the hand, or the correspondinc • from falling, sinking, etc. 3. with the word recipe (generally abureviated 4, and meaning of the forelimb, upward. 2. The position of a etc.). 4. To keep (a person, tt "take"). [< OF < LL superscriptio, -onis < superscribere. turned: opposed to pronation. declining; strengthen. 5. To se See SUPERSCRIBE] supina•tor (soO/pa•na/tar) n. Anat. A muse!. (a statement, theory, etc.); st super•sede (stio/par-sed1) v.t. •sed•ed, •sed4ng 1. To forearm by which supination is effected. provide (a person, institution, ( take the place of, as by reason of superior worth, right,, or supine, (so-T>pint) adj. 1. Lying on the back, or vide for. 7. To give approv appropriateness; replace; supplant. 2. To put something face turned upward.. 2. Having no interest or car: advocate; aid. 8. To endure in the place of; set aside; suspend; annul. [ < OF superceder tive; indolent; listless. 3. Having an inclined his insolence. 9. To carry on; < L supersedere < super- above, over + seders to sit] - sloping, as a hill. [< L supinus] - su•pine/ly a war. 10. In the theater: a sutper•sedler n. - sufper•setdure (-seljer), sulper•sestsion supine/ness n. act in a subordinate role to. - (-sesh/on) n. supine2 (ssTo/pin) n. In Latin grammar, a par or the state of being supported. super•se•deus (sob/par•ser/cle-es) n. Law A proceeding, verb appearing only in the accusative or ablative fo- supports. 3. Subsistence. [< as a writ, that operates to supersede or check proceedings. gnerally regarded as a verbal noun, as in Mirabi to convey < sub- up from unde [< L, you shall desist] Wonderful to relate! Abbr. sup. [< L supinum supportu•ble (sapor/ta.bol, -T super•sen•si•ble (screipar•senfse-bel) adj. Being above or (a) supine (word), neut. of supinus. See sUPINEL.] supported or endured; bearably beyond the range of the senses; supersensual; psychical. supp. or suppl. Supplement; supplementary. a•ble•ness, support/a•bilti•ty n suiper•sentsi•bly adv. supper (su ar) n. 1. The last meal of the day; the supportur (soptir/tar, -por/-) super•sen•suul (sci-o/par•sentshaeal) adj. 1. Being above meal. 2. An evening banquet. [< OF soper, super t supports. 2. One who counten the senses; supersensible. 2. Spiritual; ideal. Also sniper. supplant (se•plant/, -plant/) v.t. 1. To take the ent. 3. Heraldry One of a pat sen/so•ry (-sen/ser.e). displace. 2. To take the place of (someone) by soh standing on the dexter and suds super•ser•viceu-ble (scWpar•stirrvis-a•bal) adj. Trying treachery, etc. 3. To replace (one thing) with al porting it. 4. An elastic or other needlessly or disagreeably to be of service; officious. ..- remove; uproot. [< OF supplanter < L supplantare body. - Syn. See ADHERENT. sufper•ser/vice.a.bly adv. up < sub- up from below + planta the sole of thy supportive (sopar/tiv, -nor,- sup9r•sex (s6O/par•sekst) n. Genetics A sterile organism supplan•ta•tion (sup/lan.t5fshori) n. - supplant providing support. having a mixture of male and female characteristics due to a supple (sup/al) adj. suppler (sup/lar), supplest (su- supportive therapy 1. Psycl disturbed ratio of autosomes to X-chromosomes, as in the 1. Easily bent; flexible; pliant: a supple bow. 2. in which the patient receives fruit fly. - suiper•sexfu•al (-sek/shcro-al) adj. to the humor or wishes of others; especially, servilei his problems and is given super•son-ic (s.:TO/per•son/ik) adj. Aeron. Of, pertaining pliant; obsequious. 3. Showing adaptability of mind 2. Med. Therapy for relieving I to, or characterized by a speed greater than that of soun tic; easily changing. - v.t. & v.i. pled, pling To condition or disease and for s1 distinguished from ultrasonic. become supple. [-< OF supple, sople < L supplex, -id' , the administration of glucose super•son4es (sWpor-sontiks) n.pl. (construed as sing.) missive, lit., bending under < sub- under + stem of supportive care, supportive ft-4 The science that treats of the phenomena of supersonic to fold] - sup/pie-1y adv. - suptple•ness n. suppos•a•ble (saptilza•bal) speed, with special reference to their practical applications: sup.ple•jack (sup/oLjak) n. 1. Any of various posed or conjectured. - sung distinguished from ultrasonics. climbers with tough and lithe stems; espe- suppose (saport) v. posed, super•state (sWpar•stati) n. A state established as the cially, a' high-climbing vine (Berchemia imagine to oneself as true. 2. governing power of a union of subordinate states. scandens) of the southern United States. ble; think; presume. 3. To asst super•sti-tion (scro/por-stishlan) n. 1. A belief founded on 2. A walking stick made from the wood of gument or illustration: Suppose irrational feelings, especially of fear, and marked by a trust in such a plant. or require: used in the passive: or reverence for charms, omens, signs, the supernatural, etc.; supple•ment (v. sup/le.ment; n. supfla• 5. To imply as cause or conse also, any rite or practice inspired by such belief. 2. Any un- mant) v.t. To make additions to; provide ence; presuppose. - v.i. 6. 'I reasonable belief or impression. 3. Obs. Undue scrupulous- for what is lacking in. - n. 1. Something jecture. [< OF suposer < su4 ness. [< OF < L superstitio, -onis excessive fear of the gods, that supplements; especially, an addition See POSER.] - supposfer amazement, dread < superstars < super- over + stare to to a publication. 2. A supplementary - Syn. 1. Suppose, conjecture, stand stilll angle (which see). Abbr. sup., supp., suppl. sume as true in the absence of super•staious (sica/par•stish/es) adj. 1. Disposed to - Syn. See APPENDAGE. [< L supple- something to be true in expectatio believe in or be influenced by superstitions. 2. Of, pertaining mentum < supplere. See SUPPLY'.] order to ascertain what follows if to, or manifesting superstition. - sutper•stiltious•ly adv. supple-men•tal (sup/la•menftel) adj. surmise when the evidence is admi sutper•stiftious•ness n. Like a supplement; additional. Also sup. SUPPLID.IA surmise suggests slighter grounds I superutra•tum (scToipar-strAftem, -stratiam) n. pl. ple.to•ry (sup/la•tOrie, -to/re). a Flower. Also, conjecture suggests that the .stra•ta (-stralta, -strat/e) A layer superhuposed upon or supplenien•ta•ry (supila•menfter•e) adj. b Fruit. surmise may refer to questions c overlying another. Functioning as a supplement; supplemental Abbr. it is conjectured that the allies hal supenstruct (s6bipar•struktt) v.t.. To build or erect upon supp., suppl. mised that their joint communiqo angle Geom. fact. To guess is to make a rando a foundation; build over or on something else. [< L supplementary Either of two angles demonstrable basis: to guess the n superstructus, pp. of superstruere < super- over + struere sum is 180°: also called supplement. know, ascertain, discover, demon: to build] - suiper•struetion n. suppliunce (sup/le•ans) n. 1. The act of supplicating. supposed (sapozdt, -pO/zid) super•struc•ture (so7o/par•struk/cher) n. 1. Any struc- An urgent petition or prayer. true, often erroneously. - se) ture or part of a structure considered, in relation to its suppliunt (sup/le.ent) adj. 1. Entreating earnestly suppo•si-tion (sup/a•zish/an) foundation. 2. The sleepers, rails, etc., of a railway, as humbly; beseeching. 2. Manifesting entreaty or submi:• conjecture. 2. That which is distinguished from the roadbed. 3. N aut. The parts of a supplication. - n. One who supplicates. [< MF, ppr pothesis. - Syn. See HYPOTH ship's structure, as of a warship, above the main deck. Supplier < L supplicare. See SUPPLICATE.] - supipli•a -onis < L, a substitute < su; super•sub-tle (sOTifpar•sut/l) adj. Extremely subtle; ly adv. - suptpli•ant.ness n. suppose, substitute < sub- un oversubtle. supplivant (sup/la-kant) n. One who supplicates; a sup/po•siftion.al adj. - sup/); supentax (strapar•talts/) n. An extra tax m addition pliant. - adj. Asking or entreating humbly; beseec sup po s 4. ti• tiou s (so•pozia-tis to the normal tax; especially, a graded additional tax on [ < L supplicans, -antis, ppr. of sup plicare. See SUPPLIC., order to deceive or defraud; si incomes above certain amounts; a surtax. suppli•cate (sup/la-kat) v. •cat•ed, •cat•ing v.t. 1. Tc sumed; hypothetical. [< L 5: super•ton4e (soWpar•ton/ik) n. Music The tone above for humbly or by earnest prayer. 2. To beg something supposfiktiftious•ly adv. - the tonic or keynote; the second. entreat. - v.i. 3. To beg or pray humbly; make an ear suppos4.tive (sa• pogo. tiv) super•vene (soTYpor•ven/) v.i. .vened, •ven•ing 1. To request. - Syn. See ENTREAT. [< L supplicatus, p, ing, or implying a supposition, follow closely upon something; come as something extrane- supplicare to supplicate < sub- under + plicare to b introducing a supposition, as ous or additional. 2. To take place; happen. [< L super- fold] - sun/pli•ca•totry (-1to•tOrte, -tO/re) adj. tive•ly adv. venire < super- over and above + venire to come] - suiper• suppli•ca•tion (supile.ka/shan) n. 1. The act of suppl sup po s 4 4o•ry (sa•poz/o•tor/O ventient (-vOn/yant) adj. - suiper.venftion (-ven'shan) n. ing. 2. An earnest prayer or entreaty.. A solid, readily fusible, medics super•vise (soTgpar.viz) v.t. •vised, vis•ing To have charge suppliur (sapli/ar) n. One that supplies. tion into the rectum, vagina, o of directing (employees, an operation, etc.); superintend; supply, (sa.plil) v. plied, plying v.t. 1. To give or rium, orig. neut. sing. of suppo oversee. [ < Med.L supervisus, pp. of superindere < L super- nish (something needful or desirable): to supply milk I up < L suppositus. See SUPPO: over + videre to see] city. 2. To furnish with what is needed: to supply an a, suppress (sapres1) v.t. 1. 'D super•vi•sion (so-o/par•vizh/an) n. 1. The act of super- with ammunition. 3. To provide for adequately; satisf: crush, as a rebellion. 2. To sto vising; superintendence. 2. The authority to supervise. supply a demand. 4. To make good or compensate for, also, to abolish. 3. To withho super•vi•sor (sWpar•vi/zar) n. 1. One who supervises or loss or deficiency; make up for. 5. To fill (the place of tion, as a book, news, etc. 4. oversees; superintendent; inspector. 2. U.S. a A township other) ; also, to fill (an office, etc.) or occupy (a pulpit) 2. 5. To check or stop (a hemorrl officer; especially, one of a board of such officers having substitute. - v.i. 6. To take the place of another tem pp. of supprimere < sub- undei charge of the business of a county. b A borough officer who rarily. n. pl. plies 1. That which is or can be suppli press/er or supprestsor n. has charge of road repairs, etc. 3. A person supervising 2. An amount sufficient for a given use; store or quantity suppresuion (sapresh/on) n teachers of special subjects in a school. 4. Obs. A beholder. hand. 3. Usually pl. Accumulated stores reserved for the state of being suppressed. sufper•vifsor•ship n. tribution, as for an army or a fleet. 4. Econ. The amo ate exclusion from consciousne super•vi•so•ry (s&i/par-vi/zor.e) adj. 1. Of or pertaining of a commodity offered at a given price or available for in( tion, or desire. to a supervisor or supervision. 2. Involving or limited to ing a demand. 5. A substitute or temporary incumb( suppres•sive (sapres/iv) ae supervision: a supervisory position. 6. The act of supplying. 7. Obs. Reinforcements for suppu•rate (sup/yo-rat) v.i. supinate (sOT)/pa•nat) v.t. & v.i. .nat.ed, uat•ing 1. To army or navy. Abbr. sup. [< OF sopleer, soupleier < L s generate pus; maturate. [< I make or become supine: 2. To turn, as the hand or fore- plere < sub- up from under + pie-, root of plenus full] < sub- under + pus, purls pu limb, so that the palm is upward or forward. [< L supi- supply2 (suptle) adv. In a supple manner; supplely. natus, pp. of supinare to throw (someone) on the back < SUPPLE] PRONUNCIATION KEY: add, ace, ci weight supinus. See SUPINE1.] support (sa•portf, -pOrt/) v.t. 1. To bear the ible, o in melon, u in focus; 3,66 =

C.A. 000023 BLACK'S LAW DICTIONARY

Definitions of the Terms and Phrases o American and English Jurisprudence, Ancient and Modern

HENRY CAMPBELL BLACK, M. A. Author of Treatises on Judgments, Tax Titles, Intoxicating Liquors, Bankruptcy, Mortgages, Constitutional Law, Interpretation of Laws, Rescission and Cancellation of Contracts, Etc.

REVISED FOURTH EDITION BY THE PUBLISHER'S EDITORIAL STAFF

ST. P.A."0'1, MINN. WEST PUBLISHING CO. 1968

C.A. 000024 Ira

OPINION discriminating aga-11lb L LI LII-LC U1111_11A , C11.1U nper- or the use of surgical instruments or both, as dis- ing their advancement. tinguished from therapeutic treatment by the administration of drugs or other remedial agencies. Open theft. In Saxon law. The same with See Akridge v. Noble, 114 Ga. 949, 41 S.E. 78. the Latin "furtum manifestum," (q. v.). Criminal operation. In medical jurisprudence. OPENING. In American practice. The begin- An operation to procure an abortion. Miller v. ning; the commencement; the first address of the Bayer,- 94 Wis. 123, 68 N.W. 869. counsel. Operation of law., This term expresses the OPENING STATEMENT OF COUNSEL. Outline manner in which rights, and sometimes liabilities, of anticipated proof. Speer v. Shipley, 149 Kan. devolve upon a. person by the mere application to advise the 15, 85 P.2d 999, 1001. Its purpose is to the particular transaction of the established rules involved, jury of facts relied upon and of issues of law, without the act or co-operation of the par- and to give jury a general picture of the facts and ty himself. the situations so that jury will be able to understand the evidence. State v. Erwin, 101 Utah OPERATIVE. A workman; a laboring man; an 365, 120 P.2d 285, 313. artisan; particularly one employed in factories. Cocking v. Ward, Tenn.Ch.App., 48 S.W. 287; In OPENTIDE. The time after corn is carried out re City Trust Co., 121 F. 706, 58 C.C.A. 126. of the fields. OPERATIVE PART. That part of a conveyance, OPERA. A composition of a dramatic kind, set or of any instrument intended for the creation or to music and sung, accompanied with musical in- transference of rights, by which the main object struments, and enriched with appropriate cos- of the instrument is carried into effect. It is dis- tumes, scenery, etc. The house in which operas tinguished from introductory matter, recitals, for- are represented is termed an "opera-house." Row- mal conclusion, etc. land v. Kleber, 1 Pittsb.R. (Pa.) 71. OPERATIVE WORDS, in a deed or lease, are the OPERARII. Such tenants, under feudal tenures, words which effect the transaction intended to be as held some little portions of land by the duty of consummated by the instrument. performing bodily labor and servile works for OPERIS NOVI their lord. NUNTIATIO. Lat. In the civil law. A protest or warning against loft a new OPERATE. This word, when used with relation work. Dig. 39, 1. to automobiles, signifies a personal act in working OPETIDE. The ancient time of marriage, from the mechanism of the automobile; that is, the Epiphany to Ash-Wednesday. driver operates the automobile for the ownser, but the owner does not operate the automobile unless OPHTHALMOLOGIST. One who is skilled in, or he drives it himself. Beard v. Clark, Tex.Civ. practices, ophthalmology. Practice of "oculists" App., 83 S.W.2d 1023, 1025. and "ophthalmologists" has relation to practice Similarly, as used in some statutes authorizing substi- of medicine and surgery in treatment of diseases tuted service on the nonresident owner of an automo- of eye, while practice of "optometry" relates to bile, the word "operate" is limited to the personal act of measurement of powers of vision and adaptation the owner; but under other statutes, substituted service is authorized when the automobile was being operated by of lenses for aid thereof. New Jersey State Board another with the owner's consent, whether express or of Optometrists v. S. S. Kresge Co., 113 N.J.L. implied. Blashlield, Cyc. of Automobile Law and Prac., 287, 174 A. 353, 357. See Oculist. Perm.Ed., § 5914. In the context of some automobile liability policies, the word "operate" may be construed OPINIO EST DUPLEX, SCILICET, OPINIO VUL- as describing the personal act of the insured owner in working the mechanism of the automobile. Id., § 3941. GAR/5_, ORTA - TER GRAVES ET Iry As used in accident policies insuring against injuries while ET QUA: VUTij ird VERITATIS F ' ET operating a motor vehicle "operate'' does not contemplate OPINIO TAR a ORTA INTER i ES ET a constant and unceasing motion but includes those stops VULGARES HOMINES, ABSQUE which an automobile driver ordinarily makes, such as a SPECIE VERI- stop to change or repair a tire. Id., § 4127. TATIS. 4 Coke, 107, Opinion is of two kinds, namely, common opinion, which springs up among OPERATIO. One day's work performed by a ten- grave and discreet men, and which has the appear- ant for his lord. ance of truth, and opinion which springs up only among light and foolish men, without the sem- OPERATION. Exertion of power; the process of blance of truth. operating or mode of action; an effect brought about in accordance with a definite plan; action; OPINIO QUA FAVET TESTAMENTO EST TEN- activity. Little Rock v. Parish, 36 Ark. 166; Flem- END A. The opinion which favors a will is to be ing Oil Co. v. South Penn Oil Co., 37 W.Va. 653, 17 followed. 1 W.BI. 13, arg. S.E. 203, National Exchange Bank and Trust Co. of Steubenville v. New York Life Ins. Co., D.C.Pa., OPINION. A document prepared by an attorney 19 F.Supp. 790, 791. In surgical practice, the term for his client, embodying his understanding of the is of indefinite import, but may be approximately law as applicable to a state of facts submitted to defined as an act or succession of acts performed him for that purpose. upon the body of a patient, for his relief or restor- The statement by a judge or court of the deci- ation to normal conditions, either by manipulation sion reached in regard to a cause tried or argued 1243

C.A. 000025 VIE

\ TRECTATIO. In the civil and old English eral average tory, Touching; handling; meddling. The act of Eq. Jur. § _wing a thing from its place in such a man- that, if the thing be not restored, it will CONTRIBUTION TO CAPITAL. A fund or prop- int to theft. erty contributed by shareowners as financial basis for prosecution of corporation's business, and sig- TRECTATIO REI ALIEN1E, AMMO FUR- nifies resources whose dedication to users of the DI, EST Fuancum. Jenk. Cent. 132. The corporation is made the foundation for issuance ding or removing of another's property, with of capital stock and which became irrevocably de- Intention of stealing, is theft. voted to. satisfaction of all obligations of corporation. Detroit Edison Co. v. Commissioner of N-TREFACON. In French law. The offense Internal Revenue, C.C.A.6, 131 F.2d 619, 623. tinting or causing to be printed a book, the . right of which is held by another, without au- CONTRIBUTIONE FACIENDA. In old English Ay from him. Merl. Repert. law. A writ that lay where tenants in common were bound to do some act, and one of them was vTRE—MAITRE. In French marine law. The put to the whole burthen, to compel the rest to officer of a vessel, who, in case of the sick- make contribution. Reg. Orig. 175; Fitzh. Nat. - or absence of the master, commanded in his Brev. 162. Literally, the countermaster. CONTRIBUTORY, n. A person liable to contribute to the assets of a company which is being ' -TRIBUTE. To lend assistance or aid, or give wound up, as being a member or (in some cases) 'thing, to a common purpose; to have a share a past member thereof. Mozley & Whitley. ny act or effect; to discharge a joint oblige- Christman v. Reichholdt, Mo.App., 150 S. CONTRIBUTORY, adj. Joining in the promotion 527, 532; James McCord Co. v. Citizens Ho- of a given purpose; lending assistance to the pro- Co., Tex.Civ.App., 287 S.W. 906; Park v. Mis- duction of a given result. Armstrong v. Green, ary Soc., 62 Vt. 19, 20 A. 107. 113 Okl. 254, 241 P. 789, 791. applied to negligence signifies causal connection be- injury and negligence, which transcends and is dis- As to contributory "Infringement" and "Negli- shed from negligent acts or omissions which play so gence," see those titles. • a part in producing injuries that law does not rec- e them as legal causes. • Connellan v. Coffey, 122 Conn. CONTROL, v. To exercise restraining or direct. 187 A. 901, 903. ing influence over; regulate; restrain; domin- ate; curb; to hold from action; overpower; court, \TRIBUTION. In the civil law. A partition teract; govern. Owen Trail, hich the creditors of an insolvent debtor di- v. 302 Mo. 292, 258 S. W. 699, 702; Hopkins among themselves the proceeds of .his prop- v. Howard's Ex'x, 266 Ky. proportionably to the amount of their re- 685, 99 S.W.2d 810, 812. tive credits. Code La. art. 3556, par. 9. To control a thing is to have the right to exercise a directing or governing influence over it. Trust Co. of New sion which is made among the heirs of the Jersey v. Greenwood Cemetery, 21 N.J.Misc. 169, 32 A.2d ssion of the debts with which the succes- 519, 523. is charged, according to the proportion which is bound to bear. Civ.Code La. art. 1420. CONTROL, n. Power or authority to manage, direct, superintend, restrict, regulate, direct, gov- common law. The sharing of a loss or pay- ern, administer, or oversee. State v. First State among several. The act of any one or sev- Bank of Jud, 52 N.D. 231, 202 N.W. 391, 402. of co-debtors, of a number co-sureties, etc., in The "control" involved in determining whether "prin- :bursing one of their number who has paid cipal and agent relationship" or "master and servant re- whole debt or suffered the whole liability, lationship" is involved must be accompanied by power or to the extent of his proportionate share. Ca- right to order or direct. Mid-Continent Petroleum Corpo- ration v. Vicars, 221 Ind, 387, 47 N.E.2d 972, 975. a v. Grand Lake Tp., 80 Minn. 357, 83 N. v. Ratte, 260 Mass. 165, 156 N.E. Driver must at all times have automobile under control, 346; Ratte means having it under such control that It can be stopped 871. Right of one who has discharged a before doing injury to any person in any situation that .:non liability to recover of another also liable, is reasonably likely to arise under the circumstances. aliquot portion which he ought to pay or bear. Kindt v. Reading Co., 352 Pa. 419, 43 A.2d 145, 147. Lewis v. Morrison, D.C.Ky., 50 F.Supp. 570, CONTROL OF CARBON. Such a chemical action 573. Parten v. First Nat. Bank & Trust Co., upon the carbon in an alloy as will keep it large- N.W. 408, 412, 204 Minn. 200, 120 A.L.R. 962; ly in a combined graphitic state. Pittsburgh Iron, pman v. Lamar-Rankin Drug Co., 64 Ga.App. & Steel Foundries Co. v. Seaman-Sleeth Co, D.C. 13 S.E.2d 734, 737. Fidelity & Casualty Ins. Pa., 236 F. 756, 760. of New York v. Sears, Roebuck & Co., 124 n. 227, 199 A. 93, 94. CONTROLLER. A comptroller, which see. maritime law. Where the property of one :•1 CONTROLIVIENT. In old English law. The con- interested in a ^veral parties vessel and cargo trolling or checking of another officer's account; been voluntarily sacrificed for the common the keeping of a counter-roll. ty, (as by throwing goods overboard to light- e vessel,) such loss must be made good by the CONTROVER. In old English law. An inventor ribution of the others, which is termed "gen- or deviser of false news. 2 Inst. 227. 399

C.A. 000026 SUPPLEMENT

SUPERNUMERARII. Lat. In Roman law. Ad- of several statutes, is authorized to direct and vocates who were not registered or enrolled and appoint all such uses to such purposes as are truly did not belong to the college of advocates. They charitable. Bac. Abr. "Charitable Uses." The were not attached to any local jurisdiction. See doctrine has no recognition in this country; Ap- Statuti. peal of Seibert, 18 Wkly. Notes Cas., Pa., 276; and a bequest to support a Catholic priest, and SUPERONERATIO. Lat. Surcharging a com- perhaps other uses void in England, would not be mon; i. e., putting in beasts of a number or kind considered as superstitious uses. Harrison v. other than the right of common allows. Brophy, 59 Kan. 1, 51 P. 883, 40 L.R.A. 721. SUPERONERATIONE PASTUR1E. A judicial SUPERVENING CAUSE. A new effective cause writ that lay against him who was impleaded in which, operating independently of anything else, the county court for the surcharge of a common becomes proximate cause of accident. Chesa- with his cattle, in a case where he was former. peake & 0. Ry. Co. v. Crum, 140 Va. 333, 125 S.E. ly impleaded for it in the same court, and the 301, 304. cause was removed into one of the superior courts. SUPERVENING NEGLIGENCE. That situations SUPERPLUSAGIUM. In old English law. Over- may come within the doctrine of last clear chance plus; surplus; residue or balance. Bract. fol. or supervening negligence, four conditions must 301; Spelman. coexist, to wit: (1) That the injured party has SUPERSEDE. Obliterate, set aside, annul, re- already come into a position of peril; (2) that the place, make void, inefficacious or useless, repeal. injuring party then or thereafter becomes, or in City of Los Angeles v. Gurdane, C.C.A.Cal., 59 F. the exercise of ordinary prudence ought to have 2d 161, 163. To set aside, render unnecessary, become, aware, not only of that fact, but also that suspend, or stay. Taylor v. New York Telephone the party in peril either reasonably cannot es- Co., 97 Misc. 160, 160 N.Y.S. 865; Dick v. King, cape from it or apparently will not avail himself 73 Mont. 456, 236 P. 1093, 1095. of opportunities open to him for doing so; (3) that the injuring party subsequently has the op- SUPERSEDEAS. In Practice. The name of a portunity by the exercise of reasonable care to writ containing a command to stay the proceed- save the other from harm; and (4) that he fails ings at law. to exercise such care. Emmons v. New York and S. R. Co., 108 Conn. 133, 142 A. 676, 677. A suspension of the power of a trial court to issue an execution on judgment appealed from, or, See Last Clear Chance. if writ of execution has issued, it is a prohibi- SUPERVISE. To have general oversight over, to tion emanating from court of appeal. against exe- superintend or to inspect. State v. Manning, .220 cution of writ. Stewart v. Hurt, 9 Ca1.2d 39, 68 Iowa 525, 259 N.W. 213. P.2d 726, 727. An auxiliary process designed to supersede enforcement SUPERVISION. An act of occupation of super- of trial court's judgment brought up for review, and its application is limited to the judgment from which an ap- vising; inspection. Kemp v. Stanley, 204 La. 110, peal is taken. Mascot Pictures Corporation v. Municipal 15 So.2d 1, 11. Court of City of Los Angeles, 3 Cal.App.2d 559, 40 P.2d 272. SUPERVISOR. A surveyor or overseer; a high- Originally it was a writ directed to an officer, command- way officer. Also, in some states, the chief offi- ing him to desist from enforcing the execution of another cer of a town; one of a board of county officers. writ which he was about to execute, or which might come In his hands. In modern times the term is often used In a broad sense, one having authority over synonymously with a "stay of proceedings," and is em- others, to superintend and direct. Cafferty v. ployed to designate the effect of an act or proceeding which of itself suspends the enforcement of a judgment. Dulin Southern Tier Pub. Co., 226 N.Y. 87, 123 N.E. 76, v. Coal Co., 98 Cal. 306, 33 P. 123. 77.

SUPERSEDING CAUSE. An act of a third per- SUPERVISORS OF ELECTION. Persons appoint. son.or other force which by its intervention pre- ed and commissioned by the United States circuit vents the actor from being liable for harm to an- judges to supervise the registration of voters and other which his antecedent negligence is a sub- the holding of elections for representatives in stantial factor in bringing about. Superior Oil congress under Rev. St. §§ 2011-2031; repealed by Co. v. Richmond, 172 Miss. 407, 159 So. 850, 852. the act of Feb. 8, 1894, 28 Stat. 36. Shuster v. Vecchi, 203 Minn. 76, 279 N.W. 841, 844. SUPERVISORY CONTROL. Control exercised by SUPERSTITIOUS USE. In English law. When courts to compel inferior tribunals to act within lands, tenements, rents, goods, or chattels are their jurisdiction, to prohibit them from acting given, secured, or appointed for and towards the outside their jurisdiction, and to reverse their ex- maintenance of a priest or chaplain to say mass, trajurisdictional acts. State v. Superior Court of for the maintenance of a priest or other man to Dane County, 170 Wis. 385, 175 N.W. 927, 928. pray for the soul of any dead man in such a church or elsewhere, to have and maintain per- SUPPLEMENT, LETTERS OF. In Scotch prac- petual obits, lamps, torches, etc., to be used at tice. A process by which a party not residing certain times to help to save the souls of men within the jurisdiction of an inferior court may out of purgatory,—in such cases the king, by force be cited to appear before it. Bell. 1607

C.A. 000027 How the Spirit of Reform Shaped a New State Constitution

MARY E. ADKINS

Foreword by David R. Colburn and Susan A. MacManus

University Press of Florida Gainesville • Tallahassee • Tampa • Boca Raton Pensacola • Orlando • Miami • Jacksonville • Ft. Myers • Sarasota

This book may be available in an electronic edition.

21 20 19 18 17 16 6 5 4 3 2 1

A record of cataloging-in-publication data is available from the Library of Congress. ISBN 978-o-8130-6285-3

The University Press of Florida is the scholarly publishing agency for the State University System of Florida, comprising Florida A&M University, Florida Atlantic University, Florida Gulf Coast University, Florida International University, Florida State University, New College of Florida, University of Central Florida, University of Florida, University of North Florida, University of South Florida, and University of West Florida.

University Press of Florida 15 Northwest 15th Street Gainesville, FL 32611-2079 http://www.upf.com

C.A. 000029 The Old Constitutions

The 1885 Constitution and Its Forerunners

Florida's 1968 Constitution would be the sixth in the state's 123-year history. Although it would formally be called the 1968 Constitution Re- vision of the 1885 Constitution, because its scope fell one article short of a total revision, it became popularly referred to as the 1968 Consti- tution; therefore, this book adopts that term. The Territory of Florida created its first constitution in 1838, anticipating statehood, in the tiny Panhandle village of St. Joseph, later to be the Port St. Joe of timber, paper, and land-development fame. After Florida became a state, its constitution was revised in 1861, complete with a declaration of secession from the Union it had joined only sixteen years before. In 1865 a proposed constitution was passed by the legislature but never adopted; in 1868 a Reconstruction constitution, replete with racially evenhanded provisions, was imposed on the people; and in 1885 the people adopted an anti-Reconstruction constitution. That constitution would last more than eighty years, spanning all the way into the years of the civil rights movement, the space race, and glimmers of gender equality. In 1885, Florida, reacting to the end of Reconstruction as other southern states did, adopted a new constitution intended to weaken state government in favor of local control.' The 1885 Constitution en- feebled the governor, devolved power to elected legislators, and continued a legislature that met for only sixty days every two years. Perhaps the most important aspect of the 1885 Constitution is that it was a backlash to the 1868 Radical Republican Reconstruction constitution. The 1868 constitution provided for a strong executive designed to force

C.A. 000030 6 Making Modern Florida

DISTRIBUTION OP POPULATION 1890

Under inhoLitante to at °vox re 2 to 43 " <1 to 12 << 111111111111111118 to 5i " 45 to 9) 90 a»).4 ouue cc is ct

Map 1. Population distribution in Florida in 1890, five years after the Constitution of1885 was passed. Map produced by Florida Center for Instructional Technology, College of Education, University of South Florida.

the white Floridian southerners, defeated in the Civil War (or, as they preferred to call it, the War of Northern Aggression), to toe the line drawn by the victorious Union. It contained no Jim Crow provisions and assumed that the executive branch would be filled with northern sympathizers. When Reconstruction ended and Floridians were left to govern themselves, they promptly called a constitutional convention and created their own new constitution—the 1885 Constitution that remained in place until 1968. That constitution was a document of the people of its time—if one counts only white men as "the people." It was intended to create a weak

C.A. 000031 The Old Constitutions 7 government to prevent resumption of the power held by the carpetbagger Yankee government that had wrestled Florida down during Recon- struction. It provided for a six-member cabinet elected statewide, without term limits, to "assist" a governor who could not succeed himself.2 Thus the governor was, practically speaking, at most one-seventh of the executive authority of the state. Other southern states had post- Reconstruction constitutions with weak executives, but Florida's system, often referred to as the "plural executive," was uniquely weak. Un- der Florida's system, it was not unusual for cabinet members to remain in office for decades, building powerful political loyalties and watching, like sunning alligators on a riverbank, impotent governors come and go every four years. Should a governor die or otherwise leave office before his term expired, his powers would transfer to the President of the Sen- ate, another position whose occupant could hoard power.' As a sign of the times, the 1885 Constitution explicitly segregated public schools,4 even though Florida's public school system was virtu- ally nonexistent; outlawed mixed-race marriages "forever";5 and provided for a poll tax.6 There was no home rule for local governments: local cities and counties had to apply to the legislature for any matter other than those that were routine. Article VIII of the 1885 Constitu- tion was littered with amendments pertaining to particular matters in one county or another.' Practically speaking, this was another way of keeping the keys to power and patronage firmly in the fists of legislators rather than in the executive branch. The constitution also contained no provisions designed to protect the environment, contained numerous misspellings, and was curiously organized, having, for example, a lottery ban in Arti- cle HI, which concerned the legislative branch.' It specified the salaries of the governor, legislators, and some judges, and even specified the amount per mile legislators could be reimbursed for travel expenses.' Article III devised a scheme that accurately apportioned the state into nearly equal legislative districts according to the population at that time, using language that the districts be "as nearly equal in population as practicable."" Unfortunately, even though it provided that the state reapportion every ten years thereafter, it used a fixed system that could only be modified by constitutional amendment. The article

C.A. 000032 8 Making Modern Florida provided for thirty-eight senatorial districts, with one senator per district and counties to not be divided. This meant, in effect, that the best a populous county could do was have one senator not shared with another county.11 The House of Representatives was limited to sixty-eight members, with at least one member from each county but with no more than three from any county (at the time, Florida had thiAy-nine counties, not its current sixty-seven).'2 In 1885, before South Florida's population boomed, it may have been equitable for rural Jefferson County to be guaranteed at least one-third as many representatives as Miami's Dade County—after all, Dade County had a population of only 257 in the 188o census, and only 861 in the 1890 census, compared to about 16,000 in Jefferson in those censuses—but that rough equity began to vanish in the 19203 as newcomers surged into the southern two-thirds of the state.13 In addition, modifying the constitution was difficult. In fact, only the legislature—not any other branch of the government, and certainly no group of mere citizens—could initiate modification of the 1885 Constitution and thus the apportionment plan.'4 Under this sclerotic scheme, reapportionment rarely occurred, because only its victims— legislators—could make it happen, and because the fixed apportionment structure favored those already in power. Florida's straitjacketed constitutional apportionment scheme was far from unique. The various other post-Reconstruction southern state constitutions had a variety of apportionment schemes, with several other states' provisions similar to Florida's." The limits on legislators per county would cripple attempts at reapportionment; that rigidity presented a major obstacle to fair apportionment. It failed to anticipate that the South Florida counties, which in the late 1800s were full only of alligators, mosquitoes, and choking heat, would grow wildly, while North Florida counties would remain rural. By the 192os, however, growth in previously empty parts of Flor- ida had outstripped that of the north, and the people coming to the southern half of the state were increasingly not southerners. Railroads opened South Florida to tourism." Florida created twenty-eight new counties, most of them south of Ocala. The still nearly empty peninsula and Gulf coast provided useful land for military bases in World War II.

C.A. 000033 The Old Constitutions 9

3- During World War II, many large military bases holding thousands of soldiers and sailors opened in Florida; at its height, Camp Blanding, carved out of pinewoods and sand in rural Clay County in northeast t Florida, was the fourth-largest city in Florida." After the war, many sol- e diers remembered the beauty of their training grounds and settled in. Florida with their families.'s Sun-seeking retirees and other northern migrants headed south after air-conditioning became commonplace.'' Midwesterners settled on the southern Gulf coast, and northeastern- ers moved to the lower Atlantic coast. The Cubans who had long been settled in Tampa were joined across the state by others coming to Mi- ami, although the huge migration to Miami of the Batista and Castro years had not quite begun, Scientists and engineers from all over the nation poured into Brevard County beginning in the 1950s, working on the budding space program. North Florida, on the other hand, did not grow appreciably. And blacks actually declined as a percentage of the voting-age population statewide.2° Between 1900 and 1960 the percentage of native-born Flo- ridians living in the state had nose-dived from 67.9 to 38.1, one of the lowest in the South.2' North Florida residents did not for a moment believe that these newcomers shared their southern values and traditions, and to a large extent they were right. Although almost no one in the state fought for immediate integration, North Floridians held to their traditional southern segregation more tightly than most. Florida had shot from a rural frontier to one of the most urbanized states in the South. It had begun a sprint through rapid change, and the antiquated 1885 Constitution hamstrung it.

Consequences of Failure to Reform the Constitution

The 1885 Constitution endured for more than eight decades, resisting several mid-twentieth-century attempts to revise or replace it. Over and over again, it was amended and tweaked, and sometimes ignored. Over the decades a total of 212 proposed amendments to the 1885 Con- stitution were submitted to the voters. Of those, 149 passed. Fifty percent of the amendments were passed after World War II, and 25 percent were passed in 1961, 1963, and 1965. The 1965 legislature introduced

C.A. 000034 A New Constitution

Public Ratification

The legislators had divided the proposed constitution into three parts for the voters out of fear that controversial provisions, such as home rule and lowered voting age, might sink the whole constitutional ship at the polls. By dividing it, the legislators forced the voters to pay attention to the several separate parts and, by voting on each, signify that they were voting on a part of the constitution that they had actually read and understood. Only Article V, which dealt with the judicial branch of the government, was not submitted to the public. The public would have four months to learn about the proposed new constitution and vote on whether to accept it. Chesterfield Smith asked all the CRC members to meet in Tallahassee (at their own expense) for one day. At that meeting, which was held at the Governor's Mansion, the group passed a resolution forming a citizens group to acquaint the public with the proposed constitution; the group would be called the ABC Committee (as in "A Better Constitution"), and John McCarty would chair it, although Smith appears to have retained at least some control over it.' The League of Women Voters also mobilized in support of the new constitution, as did other citizen groups.2 Although Gover- nor Kirk supported the new constitution, he kept his polarizing profile low. Later, he quipped that the best thing he did for the constitution was to point out that Edward Ball, who was widely disliked, opposed it.' In the days and weeks leading up to the November vote, newspapers and magazines around the state carried analyses and opinion pieces. The business magazine Florida Trend, for example, featured a story in

C.A. 000035 Constitution RESPONSIVE TO THE NEEDS OF THE PEOPLE

VOTE I N the voice of the people

a more efficient government to meet the needs of a space age society

VOTE OUT outdated concepts of government

Figure 11. The Florida League ofWomen Voters consistently supported constitution revision. This 1968 pamphlet urges Floridians to vote yes on the proposed revision. Photo courtesy of Beth Johnson Papers, 1957-7o, Florida State Archives.

C.A. 000036 A New Constitution 177

its November issue analyzing how the proposed constitution would affect business. It concluded that the constitution would change business interests very little, except for the fact that it was shorter and more readable and would make for more efficiency in both state and local government, "something that should be welcomed by businessmen and consumers alike."4 The article also noted that, as both liberals and conservatives were complaining about the proposed constitution, that must mean the legislature had "done a good job" crafting it.5 The article did note that the millage ceiling of io mills each for counties, cities, and school districts would create a gap for financing local projects, which might force the state to find a way to fill that gap. Under the proposed scheme, the only other option for financing was the state sales tax. The article also pointed out that the homestead exemption (then $5,000) for homeowners would shift some ad valorem tax burden to businesses and that the failure of Florida's revenue bonds to pledge the state's full faith and credit would cost added interest payments because of higher interest rates. Opposition came from unexpected quarters. Three University of Florida political science professors—Manning Dauer, W. Clement Donovan, and Gladys Kammerer—published a pamphlet titled Should Florida Adopt the Proposed 1968 Constitution? through the university's Public Administration Clearing House. They recommended rejecting the proposed constitution.8 The pamphlet was surprising, partly because Dauer and Donovan had been paid consultants to the CRC but also because some of the group's major criticisms were wrong. Dauer wrote, in a letter to Chesterfield Smith about the pamphlet and the ABC Committee's proposed response to it, that although no one could have expected a perfect document, "there are some gosh awful major items in this one."7 Kammerer wrote separately from the other two authors, and she strongly urged rejection of the proposed constitution.8 She asserted, incorrectly, that home rule was omitted from the constitution and that local legislative bills were still permitted unchecked; she comprehen- sively criticized the taxing and bonding provisions. She was not alone in her criticism of the taxing and bonding; as noted above, Florida Trend also pointed out the shortcomings of those portions of the proposed

C.A. 000037 178 Making Modern Florida constitution.' Dauer managed an awkward disassociation from the pamphlet, tepidly defending some conclusions while conceding that its assertions regarding home rule were overstated. Dauer was caught between avoiding public criticism of Kammerer and attempting to maintain his recently enhanced national reputation. His straddle accomplished neither goal. The ABC Committee eventually released a public announcement that pointedly but diplomatically challenged the professors' conclusions. Another unexpected leader in the opposition was George Stallings, who organized a statewide group to oppose ratification of the constitution and wrote a memo to all "Local Public Officials" in which he urged them to join the opposition and promised to keep names of interested people confidential, if desired.° In a statement to the press during the months leading up to the popular vote, Stallings called the proposed new constitution little more than a "half-baked revision" of the 1885 Constitution.11 Another pamphlet in opposition was circulated by a group calling itself the Committee for Integrity. The pamphlet carried a Jacksonville address, mentioned no names of its backers, and urged conservative voters to reject the constitution, pointing out—accurately—that it had been drafted by "the most 'liberal' Legislature in the history of Florida.""

The November 1968 Election Results

In the election, 55 percent of voters approved the new constitution. That 55 percent, however, clustered within just sixteen of the sixty- seven counties. The other fifty-one counties voted against the revision. Interestingly, every county voted consistently for each of the three amendments; that is, every county approving the basic revision document also approved the home-rule and suffrage revisions. The percentage voting pro or con for each revision was also steady within each county. None of the three amendments was particularly favored or disfavored. The legislature's concern that the home-rule revision or the suffrage revision could be poisonous to overall adoption was either a prescient strategy or a needless worry: it was prescient if untying the amendments forced voters who were predisposed to constitution

C.A. 000038 A New Constitution 179 revision to also vote for the two trailing amendments to create a unified constitutional structure. It was needless worry if voters had made up their minds that they either supported or opposed a new constitution and would not scrutinize the details of the separate parts of it. Although most of the counties that voted to reject the new constitution were rural, three populous counties—Orange, Escambia, and Sarasota—also voted to reject the amendments. Orange County, led perhaps by an editorial in the Orlando Sentinel urging rejection, voted overwhelmingly against all parts of the new constitution. This is somewhat puzzling, as the home-rule provisions presumably would have aided the Disney Company landholdings, which were mostly in Orange County. Escambia County, still a bastion of old Florida, rejected the amendments despite the labors of its senator, Reubin Askew. It is un- clear why Sarasota County voted to reject the new constitution, but it too has historically been a conservative area. The sixteen counties voting in favor ran up the east coast from Mon- roe, in the Keys, through Dade and Broward straight north to Volusia, home of Daytona Beach, then skipped one rural coastal county, Flagler, and proceeded with approval through St. Johns and Duval in the northeast and Clay and Alachua just inland. No county west of Alachua voted in favor of revision, including Leon, home of Tallahassee and several of the CRC members. No county that was not on the peninsula voted for constitution reform. Tellingly, only four counties north of the traditional Pork Chop Gang line voted approval: St. Johns, Duval, Clay, and Alachua. The fault line was very clear, as was the implication for the legislature: under the new constitution, legislators from small counties lost their power to vote on local bills controlling the populous counties. Populous counties would now move to home rule. Supporters of the new constitution said its passage was the birth of a new Florida. But as Chesterfield Smith pointed out, each preceding Florida constitution was the birth of the new Florida of its time, and "a modern Florida is what is happening now."13 The 1968 election results revealed an unsettled, if not divided, populace. The voters brought in the new constitution, but cleft along east-west and north-south lines. And though the November 1968 election reestablished Democratic Party control of both chambers of the

C.A. 000039 180 Making Modern Florida legislature, it brought in the first Republican senator from Florida since Reconstruction, Edward Gurney, to fill the seat that George Smathers had finally vacated in the U.S. Senate. Gurney defeated former gover- nor LeRoy Collins, revered by many for his attempts to push for reapportionment, racial moderation, and a new constitution during his six years in office. The Florida that had benefited from his reforms—that is, the Florida that voted in 1968—now defeated him. Many have sur- mised that Florida's steep growth curve resulted in a voting population that did not live in Florida during the Collins years, and therefore did not remember his leadership during the difficult years of racial unrest. Whatever the reason, Florida rejected one of its most distinguished servants for the U.S. Senate in 1968.

C.A. 000040 University of Florida Levin College of Law UF Law Scholarship Repository

UF Law Faculty Publications Faculty Scholarship

2016 The aS me River Twice: A Brief History of How the 1968 Florida Constitution Came to Be and What it Has Become Mary E. Adkins University of Florida Levin College of Law, [email protected]

Follow this and additional works at: http://scholarship.law.ufl.edu/facultypub Part of the State and Local Government Law Commons

Recommended Citation Mary E. Adkins, The Same River Twice: A Brief History of How the 1968 Florida Constitution Came to Be and What it Has Become, 18 Fla. Coastal L. Rev. 5 (2016), available at

This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in UF Law Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected], [email protected].

C.A. 000041 THE SAME RIVER TWICE: A BRIEF HISTORY OF HOW THE 1968 FLORIDA CONSTITUTION CAME To BE AND WHAT IT HAS BECOME

Mary E. Adkins*

In 1968, Florida's voters adopted a nearly complete revision of the Florida Constitution; the resulting document was Florida's sixth constitution.' That constitution provided four ways by which it could be amended; one was a method unique to Florida then and now.2 That unique method called for a Constitution Revision Commission ("CRC") to meet ten years after the 1968 constitution was adopted and every twenty years thereafter to reconsider the entire constitution; determine what, if any, revisions the constitution needed; and propose revisions directly to the voting public. 3 Two such revision commissions have met since 1968.4 A third will meet in 2017 and 2018.5 The twenty-year gaps, combined with Florida's steep population growth, ensure that the voters will be a substantially different group for each revision commission. The constitution and the voters will never be stepping into the same river twice. 6

This Article provides a brief history of how the 1968 Florida Constitution came to be and considers some highlights of the revisions and attempted revisions to Florida's Constitution that have spanned the

. Mary E. Adkins is Master Legal Skills Professor and Director of Legal Writing and Appellate Advocacy at the University of Florida Fredric G. Levin College of Law in Gainesville, Florida. She wishes to thank Raymond C. Harrell, Jr. for his helpful essay on districting commissions titled "Rethinking Congressional and State Legislative Redistricting in Florida: The Pathway to Impartiality?" Raymond C. Harrell, Rethinking Congressionaland State Legislative Redistricting in Florida: The Pathway to Impartiality? (unpublished essay 2016). 1 See FLA. CONST. 2 FLA. CONST. art. XI. I Id. § 2. 4 Id. I Id. 6 See G.T.W. PATRICK, THE FRAGMENTS OF THE WORK OF HERACLITUS OF EPHESUS ON NATURE 94 (1889).

C.A. 000042 6 FloridaCoastal Law Review [Vol. 18:5 nearly fifty years since 1968.7 Many issues have stayed alive the entire time. Some have not changed; some have changed flavor as time has progressed and the needs of Florida's people and land have changed. The Article begins in Part I with a brief overview of Florida's previous constitutions. 8 Part II discusses the societal, political, and legal forces that caused the 1968 constitution to be formed; 9 Part III reviews some important procedural matters that faced the two CRCs that have met since 1968; 10 and Part IV reviews some major issues that have persevered, in one form or another, for the entire span of nearly fifty years." It does not, however, emphasize a comparison of the two CRCs, as that is a task which others have ably done.1 2 It also does not attempt to review the work of the two Taxation and Budget Reform Commissions that met in 1992 and 2008. The Taxation and Budget Reform Commission is now the fifth method by which the Florida Constitution may be amended. 1 3 Instead, this Article takes a vertical perspective of the constitution, highlighting a few major issues that have arisen since the constitution was adopted in 1968.14 For the reader's convenience, this Article addresses the highlighted issues in the order in which the constitution is organized. This Article is intended to act as a historical guide to readers interested in current constitutional issues in Florida. As the much-quoted philosopher George Santayana has said, "Those who cannot remember the past are condemned to repeat it."' 5 Perhaps Florida, with its growing and transient population, can escape this fate.

' See infra Parts I-IV. 8 See infra Part I. See infra Part II. o See infra Part III. " See infra Part IV. 12 See infra Parts I-IV. See, e.g., Rebecca Mae Salokar, ConstitutionalRevision in Florida: Planning, Politics, Policy, and Publicity, in STATE CONSTITUTIONS FOR THE TWENTY-FIRST CENTURY 19-57 (Tarr G. Alan & Robert F. Williams eds., 2006) [hereinafter ConstitutionalRevision in Florida]. 13 FLA. CONST. art. XI, § 6. 14 See infra Parts I-IV. '1 GEORGE SANTAYANA, THE LIFE OF REASON 284 (1905).

C.A. 000043 2016] Adkins 7

PART 1: PREVIOUS CONSTITUTIONS OF FLORIDA

The constitution currently governing Florida, adopted by voters in 1968, is its sixth. 16 Florida's first constitution was drafted in 1838 in the Panhandle town of St. Joseph when Florida was still a territory but anticipating statehood. 17 Three years later, St. Joseph was decimated in a yellow fever epidemic; two years after that, a hurricane finished off what was left." Today's town of Port St. Joe was later founded two miles away. 19

The second Florida Constitution was written in 1861, sixteen years after Florida attained statehood; its main purpose was to declare Florida's secession from the Union and identification with the Confederate States.20 The voters never adopted the third constitution written in 1865, and the fourth constitution, written in 1868 during Reconstruction, reflected the values of the Radical Republicans occupying Florida.2 1 The 1868 constitution provided egalitarian education and voting provisions: it called for education for "all children residing within [Florida's] borders, without distinction or preference," and allowed all males at least twenty-one years of age and meeting citizenship and residency requirements to vote, regardless of "race, color, nationality, or previous condition."22 However, as soon as Reconstruction ended and the Northern Radical Republicans left the former Confederate States to their own devices, Florida adopted another constitution, its fifth. 23 That constitution, adopted in 1885, was a reaction to the Reconstruction constitution. 24 It removed the language specifically allowing men of any race to vote, simply giving the franchise to "[e]very male person of the age of twenty-one years" and older; it called for segregated schools; and it banned mixed-race

16 See FLA. CONST. See FLA. CONST. of 1838. a St. Joseph Point, LIGHTHOUSE FRIENDS, http://www.lighthousefriends.com/light.a sp?ID=590 (last visited June 27, 2016). 19 Id. 20 See FLA. CONST. of 1861. 21 See FLA. CONST. of 1865; FLA. CONST. of 1868. 22 See FLA. CONST. of 1868, art. VIII, § 1, art. XIV, § 1. 23 See FLA. CONST. of 1884. 24 Id.

C.A. 000044 8 Florida CoastalLaw Review [Vol. 18:5 marriage.2 5 It provided for a convoluted court system and allowed counties to add to the courts as needed, leading to a system in which the types of courts and their jurisdictions varied from county to county and even from town to town, as municipal courts were also part of the mix. 26 It contained curiously specific provisions better suited to statutes or even rules, such as the per mile reimbursement rate for legislators and the annual allotment of money for Florida Supreme Court library books.2 7 It called for the legislature to meet only sixty days every two years and forced local governments to apply to the legislature for anything but the most routine needs, thus ensuring that the sixty days of legislation every two years would be clogged with local bills. 2 8

But years after the Radical Republicans left, Florida's citizens were soon faced with another radical challenge. The state's growth rate through the twentieth century can only be called radical. Between 1890 and 1960, Florida's population grew from 391,422 to 4,951,560.29 Florida experienced population booms in the 1920s over land speculation; after World War II as veterans returned to the state that provided their subtropical training camps; and during the late 1950s to mid-1960s as the space race accelerated at and around Cape Canaveral on the east coast. 3 0 As Florida's growth and scientific leadership became a symbol of modernity for the nation and world, Florida's constitution began to show its age. Florida's 1885 Constitution was worse than a relic of a horse-and-buggy age-it was a reflection of the anger that post-Reconstruction white segregationists felt after the loss of the Civil War and what they perceived as the oppression of Reconstruction. Florida's 1885 Constitution was an embarrassment for

25 FLA. CONST. of 1885, art. VI, § 1, art. XII, § 12, art. XVI, § 24. 26 Id. art. V. 27 Id. art. III, § 4, art. XVI, § 27. 28 Id. art. III, § 2, art. VIII. 29 Resident Population and Apportionment of the U.S. House of Representatives: Florida, U.S. CENSUS BUREAU, http://www.census.gov/dmd/www/resapport/states/fl orida.pdf (last modified Dec. 28, 2000). so Compare Florida Census: 1910, EXPLORING FLORIDA, http://fcit.usf.edu/florida/ docs/c/census/1910.htm (last modified Feb. 1, 2005) (showing the population in Florida was around 750,000), with Florida Census: 1920, EXPLORING FLORIDA, http://fcit.usf.edu/florida/docs/c/census/1920.htm (last modified Feb. 1, 2005) (showing a large increase in Florida's population from 1910 to the 1920's, with about a 200,000 population increase).

C.A. 000045 2016] Adkins 9 a swiftly modernizing and urbanizing state.

PART II: FORCES FORGING A NEW CONSTITUTION FOR FLORIDA

As a new generation of young men and women returned to Florida after World War II and the Korean conflict, they saw with fresh eyes the backward nature of Florida's political and legal system and they resolved to reform it.31 Kenneth H. "Buddy" MacKay, who would serve as a legislator, congressman, lieutenant governor, and, briefly, as governor after Lawton Chiles's sudden death, was one; MacKay stated that he and other reformers, such as Chesterfield Smith and LeRoy Collins, had been changed by their military experience and saw Florida "not as part of the Old South, but as part of the new America coming into being." 32

The reason that Florida's leadership remained backward-facing into the 1950s and 1960s, even though Florida itself was becoming more urban,3 3 was because its legislature had not substantially reapportioned since the 1920s, and the 1885 constitution made it hard to do so.34 Unfortunately, even though that constitution provided that the state reapportion every ten years, it limited the size of each House of the legislature, creating a situation in which a growing population would mean each legislator would represent more and more people, distancing citizens from their government.3 5 The House of Representatives provided that each county would have at least one representative but that no county could have more than three representatives (at the time, Florida had thirty-nine counties, not its current sixty-seven). 36 While these limits may have made sense in 1885, when Dade County's population was counted only in the hundreds, 37 once South Florida's

31 Buddy MacKay, How Florida Happened: The Political Education of Buddy MacKay 16 (University Press of Florida 2010). 32 Id. " Manning Dauer, Florida: The Diferent State, in REAPPORTIONMENT & REPRESENTATION IN FLORIDA: A HISTORICAL COLLECTION 77-80 (MacManus, Susan A. ed., University of South Florida 1991). 34 See FLA. CONST. of 1885, art. VII. 3s Id. § 3. 36 Id. 37 Miami-Dade County, Florida, EXPLORING FLORIDA, http://fcit.usf.edu/florida/

C.A. 000046 10 FloridaCoastal Law Review [Vol. 18:5 population began to boom and North Florida's to stagnate, any trace of true representational fairness in Florida's legislature vanished.3 8

The result of the failure of Florida's legislative structures in the face of a rapidly growing population was a malapportioned legislature. The majority of the legislative districts remained in Northern Florida where the great majority of Florida's population resided in 1885, when the constitution had been written. 3 9 The majority of people by the middle of the twentieth century, however, were in Central and Southern Florida, particularly the southeast coast, where the cities of West Palm Beach, Fort Lauderdale, and Miami, and their suburbs, were morphing into a megalopolis. 4 0 By July 1961, Florida's least populous senate district had only 1% of the population of the smallest senate district and only 12.3% of the population could elect a majority.4 1 In the House, the least populous district had only 0.9% of the population of the largest, and 14.7% of the population could elect a majority.4 2

The effect of this malapportionment was that Florida's legislature focused insufficiently on the modern urban needs of the population centers and concentrated instead on resisting giving encouragement to the cities. This phenomenon manifested itself in Florida's tax structure, among other ways. For example, the legislature tolerated betting on horse racing, which was popular in populous South Florida, but its tax revenues were distributed evenly to each county. 4 3 That way, if sinful Hialeah, in the south, wanted to profit from gambling, tiny Gadsden County and Baker County, in the north, would docs/c/census/Miami-Dade.htm (last modified Feb. 1, 2005). 3 See generally Florida Census Data, EXPLORING FLORIDA, http://fcit.usf.edu/flori da/docs/c/census.htm (last visited May 30, 2016) (showing the Florida census by county). * See generally id. (showing the Florida census by county and every ten decades from 1840-1980). 40 See generally Florida Census: 1950, EXPLORING FLORIDA, http://fcit.usf.edu/ florida/docs/c/census/1950.htm (last visited July 25, 2016) (showing the population of Palm Beach, Broward, and Miami-Dade County, where each city is located during 1950). 41 ADVISORY COMM'N ON INTERGOVERNMENTAL RELATIONS, A COMMISSION REPORT: APPORTIONMENT OF STATE LEGISLATURES, at A-7 (Dec. 1962). 42 Id. 43 FLA. CONST. of 1885, art. IX.

C.A. 000047 2016] Adkins 11I benefit disproportionately from it.

The legislators who occupied the superabundance of legislative seats awarded to rural counties became known as the Pork Chop 4 Gang. Although this moniker came from an urban newspaper editor, many of the Gang members embraced the title. 45 In fact, the legislators from small counties agreed to vote together to preserve what they saw as the "Southern way of life," which, they perceived, was threatened by the rapid population rise they saw to their south. 46 The power the Pork Choppers had was not just in their numbers: under the 1885 constitution, legislators had the power to grant or deny requests for any local matter that was not routine. 4 7

The first sustained threat to the reign of the Pork Chop Gang was LeRoy Collins, who was governor from 1955 to 1961.4 Collins, though from Tallahassee in the north of Florida, saw the inequity in the legislature and attempted several times to force the legislature to effect a meaningful reapportionment. 4 9 However, the legislators had a problem: to draw the legislative district lines so that each district would contain approximately the same number of people would mean that most of them would be out of the legislature.5 0 Most of the seats in a fairly drawn Florida legislature would be in the central and southern parts of the state.5 1 Only a few would remain for the northern legislators to share. 5 2 For them, the meaning of a meaningful reapportionment was loss of power. Therefore, they resisted Collins's efforts, and finally, they outlasted him. 53 When LeRoy Collins left the

" Robert Sherrill, Florida'sLegislature: The Pork Chop State of Mind, HARPER'S, Nov. 1965, at 82-97. 45 Id. 46 Id. 47 See FLA. CONST. of 1885, art. VIII. 48 Governor Thomas LeRoy Collins, LEON FLORIDA'S CAPITAL COuNTY, http://cms. leoncountyfl.gov/Library/Librarylnformation/About-LeRoy-Collins (last visited July 25, 2016). 49 See id. so See supra notes 38-42 and accompanying text. 5' Id. 52 Id. 53 Id.

C.A. 000048 12 FloridaCoastal Law Review [Vol. 18:5 governor's office in early 1961, the Pork Chop Gang remained as strong as ever.

Another problem made equitably redrawing district lines difficult. The 1885 constitution limited the number of seats in the legislature.55 Florida's population in 1960 was 4,951,560-more than twelve times the population in 1890.56 Restricting the size of the House to sixty-eight seats was too inflexible a structure for a state that showed every sign of continuing growth and change. And it was not only the population that was.changing in Florida: the state was the site of the burgeoning space program.5 1 Soon, Cape Canaveral would draw the eyes of the world as it raced to create a spaceship capable of taking human beings to the moon. A backward-facing government would not help Florida's ability to function in the twentieth century, much less the twenty-first century, which was coming ever nearer.

But to change the number of seats in the legislature, to give it wiggle room, meant amending the constitution. And the constitution itself provided that amendments could be proposed and placed on the ballot for popular adoption only by the legislature and only one section at a time.58 Practically speaking, this meant that, even if the legislature was inclined to amend the constitution in an attempt to modernize it, the legislature would have to propose free-standing amendments rather than propose a cohesive group. In fact, one proposed extensive revision to the constitution in 1958 was invalidated by the Florida Supreme Court because it violated the single-section restriction in the existing constitution. 5 9 Any change to the constitution would have to come incrementally, if at all.

By the early 1960s, though, two forces were beginning to apply new pressure to the legislature and to the other infirmities of the 1885

54 Governor Thomas LeRoy Collins, supra note 48. 55 MARY ADKINS, MAKING MODERN FLORIDA: HOW THE SPIRIT OF REFORM SHAPED ANEW STATE CONSTITUTION 55 (2016). 56 Florida Census Data, supra note 38. 1 Kennedy Space Ctr., Kennedy Space Center Story, NASA, https://www.nasa.gov/ centers/kennedy/about/history/story/chl 8.html (last updated Feb. 24, 2008). 58 FLA. CONST. of 1885, art. XVII, § 1. 5 Rivera-Cruz v. Gray, 104 So. 2d 501, 505 (Fla. 1958).

C.A. 000049 2016] Adkins 13 constitution. One force was the new generation of emerging leaders, which included Buddy MacKay and LeRoy Collins were part; the other was the federal courts. 6 0 Alone, Florida's new reformers remained thwarted by the Pork Chop Gang. But with the federal courts, including the Supreme Court, weighing in on state apportionment, the hard hide of the Pork Chop Gang began to soften up.61

This Article will briefly discuss the series of Supreme Court cases that finally moved Florida and other states into the twentieth century.62 The first, Baker v. Carr,63 decided in 1962, allowed federal courts to involve themselves in state legislative districting. 6 The decision had the effect of nudging a boulder that already lies on a steep slope: it seemed not to do much on its own, but once set into motion it gained speed and force. After Baker v. Carr, many state reapportionment cases were filed in federal district courts throughout the nation, including one in the Southern District of Florida.65 In 1964, the U.S. Supreme Court decided six more cases, which are known as the Reynolds v. Sims cases. 6 6 This group of cases mandated that state legislatures must be drawn to meet a one-person, one-vote standard.67 One week after the Reynolds group of cases was decided, the Court decided another nine cases, including the Florida case Swann v. Adams. 6 8 The Court remanded Swann with instructions to the district court to review in light of the Reynolds one-person, one-vote standard.69

This turned out to be only the first of.three rounds the Swann reapportionment case took to the Supreme Court.70 These

60 ADKINS, supra note 55. 61 Id. 62 See infra notes 63, 65, 66, 68. 63 Baker v. Carr, 369 U.S. 186, 199-201 (1962). 6 Id. 65 See Sobel v. Adams, 208 F. Supp. 316, 318 (S.D. Fla. 1962). 66 Reynolds v. Sims, 377 U.S. 533, 586-87 (1964). 67 Id. at 558. 68 Swann v. Adams, 378 U.S. 553, 553 (1964). 69 Id. 70 Id.; see also Swann v. Adams, 383 U.S. 210 (1966) (explaining the second round before the Supreme Court); Swann v. Adams, 385 U.S. 440, 447-48 (1967) (explaining that the Supreme Court reversed the district court's judgment).

C.A. 000050 14 Florida CoastalLaw Review [Vol. 18:5 reapportionment decisions forced the Florida Legislature to begin to make the painful changes that were necessary to represent the citizens fairly. As the legislature reluctantly crept closer to a fair apportionment, and the Pork Chop Gang began to loosen its grip, some legislators were able to successfully propose a joint resolution for a constitutional amendment that would allow revision of the entire constitution.n That amendment passed in 1964.72 The stage was thus set for the next step: a bill, passed in the 1965 session, creating a Constitution Revision Commission. 73 The Constitution Revision Commission Bill provided that the governor, speaker of the House of Representatives, president of the Senate, chief justice of the Supreme Court, and president of the Florida Bar each would appoint commissioners; one of the governor's appointments would be the chair.74 The attorney general was the only person who was automatically a member. 7 5 The commissioners were appointed in late 1965, and the CRC began its work formally on January 11, 1966, with Bartow attorney Chesterfield Smith as chair.76 The CRC was charged with meeting "as soon as practical" after the bill became law, with holding public hearings, and with requesting recommendations from the governor, cabinet, legislature, and supreme court, all of which were directed to "aid and assist" the CRC.77 Finally, the CRC was to submit its "report and recommendations" to the legislature at least sixty days before the legislature's 1967 regular session. 78 Its budget of $100,000 was intended to employ staff and

71 ADKINS, supra note 55. 72 Marsha Hosack & P.K. Jameson, Citizens Initiatives in Florida: An Analysis of Florida'sConstitutional Initiative Process, Issues, and Alternatives, 23 FLA. ST. U. L. REV. 417, 423-24 (1995) (discussing how 1964 voters approved an amendment allowing revision to the constitution without holding a constitutional convention). 73 ADKINS, supra note 55. 74 Id. at 56. 75 Id. 76 Id. at 62, 75. n Id. at 56. 78 Id. at 57.

C.A. 000051 2016] Adkins 15 cover the travel expenses of each commissioner for a year. 7 9

Smith divided the CRC into eight subject matter committees and two governing committees.so The subject matter committees were Education and Welfare; Executive; Human Rights; Judicial; Legislative; Local Government; State Finance; and Suffrage and Elections." The governing committees were Steering and Rules, which Smith chaired; and Style and Drafting. 82

The CRC spent a year creating its product, meeting both as a whole and in committees. 8 3 The first major task Smith required of each subject matter committee was to formulate what he called "certified questions" that the CRC as a whole would debate.8 4 These were to be "broad, philosophical questions" about issues that might be in the 85 constitution. The committees met through the late-winter weeks. 8 6 hn two days in March and April, the CRC met as a whole to debate the eighteen questions the committees had produced.8 7 At the March and April plenary meetings, Smith assigned CRC members to debate the pros and cons of each certified question." The debate of these certified questions ensured that seemingly uncontroversial issues would have the benefit of the open discussion. 89 Smith then assigned each committee to meet again, armed with the knowledge gleaned from the certified question discussions, to draft the section of the constitution he had previously charged them with reviewing. 90 No committee saw the work of any other committee until a separate three-person Style and Drafting

79 Id. so Id. at 75. 81 Id. 82 Transcript, Jan. 11, 1966, Fla. St. Archives, Record Group 1006, Series 720, Box 1, Folder 9; Rule 24, Florida Constitution Revision Commission, Fla. St. Archives, Record Group 1006, Series 720, Box 3, Folder 3 [Fla. Transcript Archives]. 83 Id. 84 Index, Mar. 25, 1966, Fla. St. Archives, Record Group 1006, Series 720, Box 1, Folder 7 [Fla. Index]. 85 Id. 86 Id. 87 Id. 88 Id. 89 Id. 90 Id.

C.A. 000052 16 Florida CoastalLaw Review [Vol. 18:5

Committee knitted the parts together.91 That first draft of the proposed new constitution was published in newspapers all over the state in late June 1966; then, in July, the CRC held public hearings in five cities throughout the state, inviting comments on the draft. 92 It was at these hearings that interest groups could have a say, and many, such as the county tax assessors' organization and the League of Women Voters, attended each public hearing. 93 Based on the comments gathered at the public hearings, the CRC committees met again throughout the fall to modify and polish their respective sections of the constitution. 94 This time, the separate parts were published to the CRC members themselves as a final draft before the final plenary meeting. 95 Members were invited to suggest changes to the draft and would have the opportunity to debate the proposed amendments at the final meeting. 9 6 The CRC met as a whole for the final time in a three-week session that lasted from just after the Thanksgiving weekend in November 1966 until mid-December. Commissioners proposed nearly two hundred amendments to their draft.97 Some represented minority positions that individual CRC members were trying, once again, to push through the entire CRC after losing at the committee level.98 Others represented ideas for parts of the constitution other than those the

9' Id. 92 Id. 9 See generally The Fla. Bar, Overview of Florida's Constitution Revision Commission, FLA. B., https://www.floridabar.org/cmdocs/bs100.nsf/c5aca7f8c251a 58d85257236004alO7f/alfal4fb2f8Oedl685257eac0063567f/$FILE/Constitution%20 Revision%20Commission%200verview.pdf (last visited July 25, 2016) (explaining that interested groups attend public hearings and submit proposals). 94 Id. 9 Id. 96 Rule 1.6, Florida Constitution Revision Commission, Fla. St. Archives, Record Group 1006, Series 720, Box 3, Folder 6 [hereinafter Rule 1.6]. 97 List of Amendments, Fla. St. Archives, Record Group 1006, Series 723, Box 1, Folder 1 [hereinafter Amendments]. 98 Id.

C.A. 000053 2016] Adkins 17 proposing commissioner had served on.99 The judicial article, however, had the dubious honor of having more proposed amendments to it than any other part of the proposed constitution-perhaps to be expected in a CRC dominated by lawyers.1 00 At the end of the three weeks, the group had combed through the entire proposed constitution three times. 01 Thirty-six commissioners went home; Style and Drafting Chair Hugh Taylor stayed to finish the drafting process.1 0 2

The CRC's work may have been done at this point, but the constitution still had a major hurdle to leap: the Florida legislature. The statute forming the CRC had kept a safety valve for the legislature-it required the CRC to present its draft to the legislature, which then had the power to approve, reject, change, or ignore it. 10 3 Perhaps the 1965 legislature had passed the CRC-creating bill so easily because this feature kept any new constitution within its control. However, a series of unexpected events ensured the legislature would be kept off-balance as it began its deliberations.

First, only a few weeks before the CRC had begun its final session, Florida had done something it had never done since Reconstruction: it elected a Republican governor, Claude Kirk.' 0 4 Kirk had spent much of his transition time watching the entire three weeks of CRC debates and decided to make the constitution the first item of business for his gubernatorial term. 0 5 So, in his inauguration speech, he called for a surprise special session of the legislature to begin in less than a week. Its purpose: to work on the proposed constitution. 106

In the same election that brought Kirk into office, a new legislative apportionment scheme had brought many new faces into the

9 Id. 1o0 Id. 101 Id. 102 Hank Drane, Miscellaneous, FLA. TIMES-UNION, Dec. 18, 1966. 103 Fla. Stat. Ch. 65-561. 1" Journal of the 1997-1998 Constitution Revision Commission: Number 1- Organization Session, 12-13 (June 16, 1997), http://fall.fsulawrc.com/crc/pdf/crcl.pdf 1I Interview with Claude Kirk, Governor of Fla., in Gainesville, Fla. (Dec. 16, 1986). i Governor Claude Kirk Inauguration (1967), YOUTUBE (May 31, 2016), https://www.youtube.com/watch?v-7GSip8DSVIY.

C.A. 000054 18 Florida Coastal Law Review [Vol. 18:5 legislature. The newest apportionment plan, though not perfect, brought Florida closer to a one-person, one-vote standard than any apportionment plan had before. 107 The new legislators were younger, more urban, and more Republican than in any previous Florida legislature.1 0 8 This was the first session of the legislature in which the Pork Chop Gang did not hold power.' 09 It was this fresh group who returned to Tallahassee on January 9, 1967, to review the draft of the proposed constitution. 110

As this group of new legislators sat down for their new governor's special session to review their new proposed constitution, the final unexpected event happened: at noon that day, the U.S. Supreme Court ruled the latest apportionment plan unconstitutional."' All the new legislators were now not legislators. They had no authority to consider the new constitution. They in fact could do nothing, not even plan how to reapportion themselves. Not until a month later did the U.S. District Court for the Southern District of Florida, the trial court to which the U.S. Supreme Court had remanded the case, announce a new apportionment plan.1" 2 Only then could legislators run again for election in their new districts.

That hiccup in the passage of the new constitution ultimately meant that the legislature would not turn its attention to the new constitution for more than a year. Four special sessions later, on July 4, 1968, the legislature finally and triumphantly announced it had agreed on a new constitution to place on the November ballot. 1 13 There was one hole in the constitution, however: the judicial article, which had

107 See generally ALLEN MORRIS ET AL., THE FLORIDA HANDBOOK 274 (34th ed. 2014) (explaining the reapportionment process in Florida and the shift towards a Republican legislature). I See generally id. at 264 (discussing changes in the make-up of the legislature). 09 Id. 110 See generally id. at 255 (discussing the increased amount of younger legislators returning to office between 1966 and 1967). "I See Swann v. Adams, 385 U.S. 440, 447-48 (1967) (ruling the latest apportionment plan unconstitutional). 112 See Swann v. Adams, 263 F. Supp. 225, 225-28 (S.D. Fla. 1967) (announcing a new apportionment plan). "3 Hank Drane & Everette Williard, New Constitution Approved, FLA. TIMES- UNION, July 4, 1968.

C.A. 000055 2016] Adkins 19 been the target of so many proposed amendments by the CRC, was not on the ballot.1 14 It was the only article of the proposed constitution on which the House and Senate could not agree.1"'

In November 1968, the people of Florida voted to adopt this nearly complete new constitution, and it took effect in January 1969.116 It contained some features that were new at the time but that Floridians now take for granted. In the legislative article, it called for a legislature that meets every year instead of every two years; a flexible numbers of legislators, to allow for growth or redistricting as needed; and a review by the Florida Supreme Court in the event the legislature could not agree on a legislative scheme. 1 17 The latter provision would avoid the pain of having redistricting imposed by federal courts rather than by state officials. The new declaration of rights forbade discrimination on the basis of race, and the education article lacked language by which anyone could claim schools could remain segregated." 8 The office of lieutenant governor was new, and for the first time a governor could serve two full terms. 119 Local governments had the option of ruling themselves rather than having to request all but the most mundane functions from legislators.120

The 1968 constitution also provided for many ways to be amended. Rather than restricting the power to amend the constitution to the legislature, as the 1885 constitution had, the 1968 constitution provided for four ways to amend it: by legislative joint resolution; by convention; by citizens' initiative; and by an automatically recurring revision commission.' 2 1 This recurring CRC would meet ten years after the constitution was adopted and every twenty years thereafter. 122 The

114 Id 115 H. Journal, 41st Leg., Special Sess. 105 (1968). 116 Id. "I FLA. CONST. art. III, §§ 3(b), 16. 118 Id. art. I, § 2, art. IX. 119 Id. art. IV, §§ 2, 5. 120 Id. art. VIII, §§ 1-2. 121 Id. art. XI, H§ 1-4. 122 Id. art. XI, § 2(a); In re Advisory Op. of Governor Request of Nov. 19, 1976, 343 So. 2d 17, 22 (Fla. 1977) (finding that the first CRC was nine years from the 1968 adoption of the constitution because of an unexpected delay in ratification and the

C.A. 000056 20 Florida CoastalLaw Review [Vol. 18:5 automatically occurring commission was then, and remains, a feature unique in state constitutions. No other state has included a provision like this one, although it has caught the eye of scholars.1 23 The recurring CRC has survived more than one attempt to abolish it. 1 24

Before it was time for the first recurring CRC, however, the legislature succeeded in passing the judicial article, article V of the 1968 constitution, to make that constitution revision complete.1 2 5 A proposed article V appeared on the 1970 ballot, but voters rejected it.1 2 6 A successful article V emerged for the 1972 ballot. 12 7 It emerged under the leadership of Talbot "Sandy" D'Alemberte in the House and Dempsey Barron in the Senate.1 2 8 That judicial article transformed the confusing hodgepodge of courts, judges, magistrates, constables, and justices of the peace-a mix that differed from county to county-into the simpler, more streamlined system now in place.1 2 9 The article provided for just four levels of court: county court, circuit court, district court of appeal, and supreme court.1 3 0 The county and circuit courts are trial courts; the district courts of appeal and supreme court are appellate courts. 13 1 The circuit courts have a dual role, as they also serve as the failure to adjust language to account for that delay). 123 FLA. CONST. art. XI, § 2; ConstitutionalRevision in Florida,supra note 12, at 22; see generally Robert F. Williams, Are State Constitutional Conventions Things of the Past? The Increasing Role of the Constitutional Commission in State Constitutional Change, I HOFSTRA L. & POL'Y SYMP. 1, 1-26 (1996) (discussing scholar opinions on the role of the CRC). 124 TALBOT D'ALEMBERTE, THE FLORIDA STATE CONSTITUTION: A REFERENCE GUIDE 147 (Westport, Conn: Greenwood Press 1991); see generally Joseph W. Little, The Need to Revise the Florida ConstitutionalRevision Commission, 52 FLA. L. REV. 475, 475-95 (2000) (discussing multiple CRC rejections); Mary Ellen Klas, Negron gets supportfor plan to abolish constitutional commissions, TAMPA BAY TIMES (Feb. 9, 2012), http://www.tampabay.com/blogs/the-buzz-florida-politics/content/negron- gets-support-plan-abolish-constitutional-commissions [hereinafter Negron get support]. 125 Little, supra note 124, at 476 n.8. 126 See generally FLA. CONST. of 1972, art. V (1971) (showing Article V was voted on in 1972 subsequent to the 1970 vote). 127 Id. 128 Id. 129 See generally id. art. V (explaining the system).

130 Id. art. V,§ 1. 131 Id. §§ 3-6.

C.A. 000057 2016]1 Adkins 21 first-level appellate court for the county courts.13 2 The jurisdictions are constitutionally defined. 133 Judicial terms, qualifications, and methods of selection or election are constitutionally provided, and other units of government may not create other types of judges.1 3 4

With so many methods of amendment, it was predictable that Florida's 1968 Constitution would undergo many changes. Certain issues have recurred in the last fifty years of constitution revision, including issues recurring in the two revision commissions that have met to date. The remainder of this Article identifies and explores some of those issues in an attempt to inform citizens interested in the next CRC, which will convene in the late winter of 2017.135

PART III: PROCEDURAL MATTERS FOR CONSTITUTION REVISION COMMIsSIONS

A. Step One: Ten Years After What?

In early 1976, Chesterfield Smith, the 1966 CRC chair, and Judge Thomas Barkdull, a member of that CRC's Steering and Rules Committee, met with Governor Reubin Askew, Senate President Dempsey Barron, and House Speaker Don Tucker.' 3 6 The pair recommended to each of them that they appoint a committee to plan for the upcoming CRC.1 3 7 Smith and Barkdull also alerted the three CRC appointers to an anomaly in the new constitution: it required the first revision commission to be established "[w]ithin thirty days after the adjournment of the regular session of the legislature convened in the tenth year following that in which this constitution is adopted," but it also required it to submit any changes it recommended "not later than one hundred eighty days prior to the next general election."' 3 8 Because the constitution was adopted in 1968, it should have been established after the 1978 legislature adjourned, which was in June of 1978, as the

132 Id. § 5. 133 Id. §§ 3-6. 134 Id. §§ 1, 8, 10. 135 See infra Parts III-IV. 136 Id. '37 Id. 138 Id.; FLA. CONST. of 1968, art. XI, § 2(a), (c).

C.A. 000058 22 FloridaCoastal Law Review [Vol. 18:5 legislature convened on the first Tuesday in April 1978 and met for sixty days. 13 9 However, the next general election would be in November 1978, and 180 days before that would be May 1978.140 Therefore, the constitution called for the CRC to submit its recommendations before it convened. The problem may have sprung from the fact that the 1966 CRC had drafted the language in 1966, expecting the legislature to pass the constitution to the people for ratification in 1967. A memo directed to Lieutenant Governor J.H. Williams, however, stated that 1966 Style and Drafting Chair Hugh Taylor said the language may have been "drafted at a time when people were thinking of biennial legislative sessions" and actually contemplated a 1979 session and a 1980 ballot.1 4 1

A CRC established in 1979 would have about a year, depending on exact dates of the 1979 legislative session, to examine the constitution and determine what, if any, changes needed to be made, and still be able to submit its recommendations before the required 180 days before the next regular election; similarly, a CRC established ten years after a 1967 election would have a similar period of time before a 1978 election. But, for a variety of reasons, the legislature had required eighteen months and four sessions before agreeing on the text of the new constitution, and as a result, the document did not reach the ballot until November 1968.142 The version that was adopted by popular vote in the November 1968 election retained the ten-year language, creating the conundrum that confronted constitution watchers in 1976.143

This conundrum resulted in Governor Reubin Askew, who had served on the 1966 CRC, asking the Florida Supreme Court in November 1976 for an advisory opinion to determine which provision

1" H. Journal, 5th Leg., 2d Sess. (1978); H. Journal, Reg. Sess. (1978). 140 id 141 Supplemental Memorandum from David V. Kerns to Lt. Gov. J.H. Williams, Jul. 20, 1976. 142 See The Fla. Bar, Florida Constitutional Revision, FLA. B., https://www.florida bar.org/divcom/pi/bips2001.nsf/ 119bd38ae090a748525676f0053b606/ebelcO7f62c2 bb5d8525669e004f7c74!OpenDocument (last updated May 26, 2005). "' See Billy Buzzett & Steven J. UhIfelder, Constitution Revision Commission: A Retrospective and Prospective Sketch, FLA. B. J. 22, 22 (1997) [hereinafter A Retrospective and Prospective Sketch].

C.A. 000059 2016] Adkins 23 would prevail.144 To put it bluntly, the Florida Supreme Court would have to determine which provision to ignore. In February 1977 it ruled that the ballot date was the most important: the proposed revisions should go on the ballot ten years after the constitution's adoption, the 1978 election. 145 This decision cleared the way for the governor, chief justice, and legislative leaders to begin to decide whom to appoint for a commission that would begin meeting that year. Because the 1977 legislative session would close in early June, the appointing authorities had about four months from the date of the supreme court's decision to meet the deadline of appointing their respective members within thirty days of the close of the 1977 regular legislative session, as the constitution provided.1 46

Jockeying, speculation, and games soon began. Would Governor Askew, who had served on the previous commission, appoint himself to this commission? Would he, as some suspected, appoint himself chair? Who would appoint the nine seats for the House of Representatives-its current speaker, or his successor? Hundreds of people applied to the various appointing authorities hoping to serve.

Governor Askew, who had the authority to appoint the chair, chose Sandy D'Alemberte, who had worked so effectively to pass the new article V five years earlier.147 There was no time to spare. The CRC had little time to plan and had to spend much of the time in its initial meetings debating rules. 148

B. Initial Organization

Planning for the CRCs 149 has become progressively more

* See In re Advisory Op. of Governor Request of Nov. 19, 1976, 343 So. 2d 17, 18 (Fla. 1977). 145 Id. at 24. 146 FLA. CONST. art. XI, § 2(a). 147 Steve Bousquet, At 80, Florida icon Sandy D'Alemberte marks a milestone, TAMPA BAY TIMES (May 30, 2013), http://www.tampabay.com/blogs/the-buzz- florida-politics/at-80-florida-icon-sandy-dalemberte-marks-a-milestone/2123954. 148 See generally Billy Buzzett & W. Dexter Douglass, Constitution Revision Commission: Planning the Process, FLA. B. J. 16, 17 (1997) (showing there was time- consuming debate) [hereinafter Planningthe Process]. 149 See generally Rebecca Mae Salokar, ConstitutionalPolitics in Florida: Pregnant

C.A. 000060 24 FloridaCoastal Law Review [Vol. 18:5 organized. The 1966 organizational meeting took place on a 1965 University of Florida football game weekend, at which Chesterfield Smith, the 1966 CRC chair, and several newly appointed CRC members made initial rules and set out a rough schedule.' 5 0 Third District Court of Appeal Judge Thomas Barkdull, who attended that meeting, recalled that the group of Gator planners became the Steering and Rules Committee for that CRC.15 1

Although Askew, Barron, and Tucker had appointed a planning committee for the 1977-78 CRC, the commissioners themselves had little time to plan.' 52 D'Alemberte did appoint an executive director, Tallahassee lawyer Steven Uhlfelder, to handle organizational and administrative details and to manage that CRC's one million dollar budget. 153 But the CRC had to formulate its own rules, as the constitution provides,1 54 and doing so took time. One of the key decisions the 1977-78 CRC had to make was whether to require a supermajority to place proposals on the ballot for public adoption. 55 After much debate, they decided a simple majority would suffice.1 56 This decision would affect the success of that CRC's proposals at the ballot. Determined to see a smooth process for the next CRC, Governor Lawton Chiles formed, by executive order in June 1996, a steering committee for it.157 The steering committee consisted of a representative of each of the appointing authorities and of the Attorney

Sows or Deliberative Revision 2 (Fla. Int'l Univ. Dep't of Political Sci. 2001) [hereinafter ConstitutionalPolitics in Florida]. Some refer to the 1966 CRC as the SRC, Statutory Revision Commission, because it was created by statute rather than by constitutional provision. Id. I Interview with Hon. Thomas H. Barkdull, Third District Court of Appeals (Dec. 16, 1986). 151 Id. 152 See Fla. Legis. Research Ctr., Our Florida Legacy, FLRCM, http://www.flrcm.g ov/UserContent/docs/Files/book sample.pdf (last visited June 26, 2016). " ConstitutionalRevision in Florida, supra note 12, at 30. 154 FLA. CONST. art. XI, § 2(c). 155 See generally A Retrospective and Prospective Sketch, supra note 143, at 23 (explaining the similarities between the 1977 and 1997 commissions). "6 Interview with Barnett and D'Alemberte (Apr. 29, 2014). 157 ConstitutionalRevision in Floridas, supra note 12, at 30-33.

C.A. 000061 2016] Adkins 25

General's office.' 5 8 While Attorney General Bob Butterworth, Senate President Jim Scott, and House Speaker Peter Rudy Wallace attended most steering committee meetings themselves, Chief Justice Gerald Kogan appointed Judge Barkdull, who had served on both of the previous CRCs, as his designate, and Lawton Chiles's general counsel, Dexter Douglass, served as Chiles's proxy and as the steering committee chair.1 59 That committee drafted rules for the CRC; hired an executive director, general counsel, and other attorneys as staff; created a budget for the legislature to pass; and created a schedule of meetings and public hearings.1 60 One of the rules the steering committee drafted was to require a supermajority of twenty-two votes for proposals to go on the ballot. 161 The committee had seen that the simple-majority rule of twenty years earlier had resulted in too many proposals going on the ballot and in many of those proposals not having broad enough support to gain a majority of votes at the polls.1 62 Also, because the party affiliation of the appointing parties suggested the CRC members would be split evenly between Democrats and Republicans, the steering committee reasoned that requiring a supermajonity would ensure broad support across parties for each proposal. 163

C. Selecting Commissioners

The Florida Constitution specifies that each CRC shall be composed of thirty-seven members.1 64 Any person can be appointed as a commissioner: there are no restrictions.' 65 The governor selects fifteen members, about 40% of the CRC; the Speaker of the House selects nine members and the President of the Senate selects nine members, giving the legislative branch about 49% of the CRC; the Chief Justice of the Florida Supreme Court selects three members, or about 8%; and the attorney general is automatically a member of each

s58Id. 1 Id. at 31. 16 Id. at 30-33. 161 Id. at 35. 162 Interview with Barnett and D'Alemberte (Apr. 29, 2014). 163 Interview with Jon Mills (Jul. 20, 2015). '" Planningthe Process, supra note 148, at 16. 165 Id.

C.A. 000062 26 FloridaCoastal Law Review [Vol. 18:5

CRC. 166 A 1998 amendment proposed by the CRC and adopted by the voters changed the period for appointing commissioners from thirty days after the regular legislative session ends to thirty days before it begins.1 67 Thus, the 2017-18 CRC will have more time to complete its work than the previous two commissions had. 168 All of the 2017 appointers are now known. 16 9 When Rick Scott and Pam Bondi were reelected as governor and attorney general, respectively, in November 2014, Bondi became the attorney general who would be the only automatic CRC member in the 2017-18 cycle, and Scott became the governor who would appoint fifteen members.1 70 In September 2015, the House of Representatives selected Richard Corcoran, of Land 0' Lakes, as speaker-designate.1 7 1 Corcoran will become Speaker in November 2016 barring the unlikely event of a change in the majority party in the House; Corcoran will appoint nine members. 172 In November 2015, the Senate determined that Joe Negron, of Stuart, will be its President and will take office in November 2016, again barring a change in majority in the Senate; Negron will appoint nine members. 173 And early in February, the Florida Supreme Court announced that Jorge Labarga will succeed himself as Chief Justice, the first Chief to succeed himself since 1865.174 However, the

166 FLA. CONST. art. XI, § 2(a); Planning the Process, supra note 148, at 16. 167 Planningthe Process, supra note 148, at 16. 68 Id. 169 Kristen M. Clark, Education effort underway before next Florida Constitution Revision Commission in 2017-18, MIAMI HERALD, (Oct. 27, 2015), http://miami herald.typepad.com/nakedpolitics/2015/10/education-effort-underway-before-next- florida-constitution-revision-commission.html. 170 Id. 171 Mary Ellen Klas, With stinging critique of Florida House, Corcoran faces pushback, MIAMI HERALD, (Sept. 19, 2015), http://www.miamiherald.com/news/po litics-government/state-politics/article35867703.html [hereinafter With stinging critique]. 172 Id. 173 Steve Bousquet, Next Florida Senate President Joe Negron promises improved universities, TAMPA BAY TIMES (Dec. 2, 2015), http://www.tampabay.com/news/poli tics/stateroundup/next-florida-senate-president-j oe-negron-promises-improved- universities/2256200. 174 Kristen M. Clark, JorgeLabarga to serve rare 2nd term as chiefjustice of Florida Supreme Court, MIAMI HERALD, (Feb. 2, 2016), http://www.miamiherald.com/

C.A. 000063 2016]1 Adkins 27

Chief Justice appoints only three members and is the only appointer who must gain the "advice" of others; the constitution provides the court's three appointees be made "with the advice of the justices." 1 75

The records of the appointing authorities can provide a window into the probable priorities their appointees may have. For example, Richard Corcoran has said he hopes to make school vouchers available to all parents and to impose twelve-year term limits for judges.17 6 Joe Negron proposed a constitutional amendment in 2012 that would abolish the CRC altogether. 17 7 Negron was quoted as saying, "We have a revision cominssion. It's called the Florida Legislature."1 7 8 Negron's proposal died in the budget committee, although it had passed the judiciary committee.1 7 9

Different appointing authorities have conducted appointments differently; evidence is scant as to the reasoning behind how many of the decisions were made. In 1977, Jim Apthorp, a 1977 CRC member who worked closely with Governor Askew throughout his terms in office, said the appointing authorities met to coordinate the appointment process, mainly to avoid overlap.' 80 In 1997, according to general counsel Deborah Kearney, the appointing authorities did not coordinate among themselves as to who would appoint whom; at least, Kearney and Executive Director Billy Buzzett were unaware of any, which means that at least no other appointer coordinated with the governor's office. 181 Senate President Toni Jennings, who appointed members in 1997, has said that she coordinated with House Speaker Dan Webster simply to avoid appointing overlapping people.1 82 Jennings has also said that she appointed herself because she saw service on the CRC as a news/politics-government/state-politics/article58674993.html. '7 FLA. CONST. art. XI, § 2(a)(4). 176 Gary Fineout, Florida House speaker designate delivers fiery speech callingfor sweeping changes, FLORIDA TIMES-UNION, (Sept. 16, 2015), http://jacksonville.com/ news/2015-09-16/story/florida-house-speaker-designate-delivers-fiery-speech-calling- sweeping-changes. 1n S.J. Res. 108, Reg. Sess., at 1 (Fla. 2012). 178 Negron gets support, supra note 124. 179 S.J. Res. 108, Reg. Sess., at 4 (Fla. 2012). 18 Interview with Apthorp (Jul. 23, 2015). 1'8 Interview with Kearney (Jul. 22, 2015); Interview with Buzzett (Aug. 10, 2015). 182 Interview with Jennings (Sept. 18, 2015) (on file with author).

C.A. 000064 28 FloridaCoastal Law Review [Vol. 18:5 historic opportunity that no one should forego if given the chance to serve. 1 8 3 On this basis, Jennings encouraged her counterpart, Dan Webster, to appoint himself to the CRC. 18 4 However, Webster declined for a variety of reasons, but gave this advice to his appointees: "Review carefully. Review rigorously. But revise cautiously." 18 5

Governor Chiles accorded a great deal of leeway in CRC selections to the chair he had named, who until then had been Chiles's general counsel-Dexter Douglass. 18 6 Competition to be appointed to the 1997-98 CRC was fierce. Governor Chiles's office alone rejected past and sitting Florida Bar presidents and another prominent lawyer who would soon be appointed to the Florida Supreme Court, Raul Cantero. 187 In all, Chiles had to turn down 131 applicants on the way to appointing his fifteen commissioners.1 88

Many who have served as commissioners have offered their opinions of what qualities an ideal commissioner should have.1 89 All have said that an ideal commission should have people from a variety of walks of life.' 90 However, several former commissioners mentioned some desirable qualities. 191 A CRC member should have sufficient time to spend doing the work and attending the meetings.1 9 2 Absenteeism among 1997 members became a point of notice in the

183 Id. 184 Id. "8 M. Dyckman, From the commission, little revision: the group takes a conservative approach to its work, avoiding radicalproposals andpreparing a limited slate of amendments, ST. PETERSBURG TIMES (Mar. 7, 1998) [hereinafter From the commission]; An Issue No One Is Talking About In The Florida Governor's Race, CROWLEY POLITICAL REPORT (Aug. 13, 2014) http://www.crowleypoliticalreport.com/ 2014/08/an-issue-no-one-is-talking-about-in-the-florida-governors-race.html [hereinafter An Issue No One is Talking About]. 186 Interview with Kearney (Jul. 22, 2015); Interview with Zack (July 13, 2015); Interview with Brochin (July 13, 2015). 18 See An Issue No One is Talking About, supra note 185. i8 Fla. St. Archives, Record Group 1006, Series 1760, Box 2. 189 Id. 190 Id. 191 Id.

192 Interview with Alfonso (Dec. 14, 2015).

C.A. 000065 2016] Adkins 29 press. 193 Many former CRC members have remarked on the heavy workload of the CRC and the difficulty of being away from their families and livelihoods for the lengthy meetings. 194

CRC members should have some knowledge of the constitution, according to Jim Apthorp (1977-78) and Martha Barnett (1997-98), although some appointees, such as architect Carlos Alfonso, have admitted they were not intimately familiar with the constitution when appointed by Webster.1 95 However, Alfonso has another quality that Barnett and D'Alemberte have identified as important: the ability to apply himself to the task and learn.1 96 Barnett has added that CRC members should not be politically naive "or they'll be eaten alive."1 97 However, current holders of elective office may not be ideal candidates either because their desire to please their constituents or to campaign for reelection may conflict with CRC work and timetables. Additionally, a commission may adopt proposals distasteful to officeholders' constituencies which could get commissioner-officeholders in trouble with their constituency through no fault of their own.

D. Lobbying

Lobbying and other attempts to influence the work of constitution revision have played a role in CRCs since at least 1966, when Florida Supreme Court Justice (and former Governor) Millard Caldwell wrote to Chesterfield Smith, the chair of the 1966 CRC and head of a large law firm whose lawyers appeared before the Florida Supreme Court.1 98 Caldwell's request to Smith was general-it was a simple plea that the CRC make no changes to the old constitution.19 9 Even so, one could question the propriety of a justice asking a lawyer

193 Martin Dyckman, Commission hurt by absenteeism, ST. PETERSBURG TIMES (Feb. 3, 1998) [hereinafter Commission hurt by absenteeism]. 194 See, e.g., Interview with Alfonso (Dec. 14, 2015); Interview with Fernandez- Rundle (Oct. 2, 2015); Interview with Ford-Coates (Aug. 13, 2015). ' Interview with Alfonso (Dec. 14, 2015). 196 Interview with Barnett and D'Alemberte (Apr. 29, 2014). 197 Id 1" Letter from Millard F. Caldwell, J., to Hon. Chesterfield Smith (Jan.17, 1966) (available at Fla. Dep't of State, Fla. State Archives, Record Group 001006, Series 719, Carton 1, Folder 2). 19 Id.

C.A. 000066 30 Florida CoastalLaw Review [Vol. 18:5 who appears before the court to do anything-after all, the justice could exact retribution for disobedience when any of Smith's firm's lawyers had a case before Caldwell's court. Although groups, such as the League of Women Voters and the statewide county tax collectors' organization, attended and had spokespersons at the public hearings the 1966 CRC conducted, little direct lobbying occurred according to 1966 CRC member (and career lobbyist) Robert M. Ervin. 2 0 0

By 1977, lobbying of the CRC members began to be more noticeable and intense, probably because the CRC was seen as an effective way to bypass the legislature. 2 01 This situation differs from that of the 1966 CRC, which had no actual power because it could only recommend its changes to the legislature. 2 0 2 The 1977-78 commission transcripts reveal instances when organizations' lobbying efforts came explicitly to the debate floor.203 One example was the 1977-78 proposal to create an independent reapportionment commission.2 0 4 On January 12, 1978, Proposal 195, which not only called for an independent reapportionment commission but also provided for all legislative districts to be single-member, was initially voted onto the ballot nearly unanimously.205 When Commissioner Yvonne Burkholtz announced she intended to move that the CRC reconsider the proposal, even though she had voted for it (a requirement under the Commission's rules), Common Cause, a political watchdog organization, promptly wrote a letter opposing the reconsideration and made sure every commissioner received a copy. 20 6 The letter was discussed in the floor debate over whether to reconsider the commission.2 0 7

Martha Barnett was an effective lobbyist before the 1977-78 CRC, succeeding in getting a proposal on the ballot that would exempt property leased from a municipal government from taxation, even when

200 Interview with Ervin (Jan. 12, 2011). 201 See Steven J. UhIfelder, The Machinery of Revision, 6 FLA. ST. U. L. REv. 575, 575, 579 (1978). 202 Id. at 575. 203 1977-78 CRC transcript, Jan. 12, 1978, at 4045-59. 204 Id. 205 Id. 206 Id. 207 1977-78 CRC transcript, Jan. 24, 1978, at 5018-34.

C.A. 000067 2016] Adkins 31 the lessee was a private for-profit company. 2 0 8 Twenty years later, she was a member of the 1997-98 CRC and found herself being lobbied for the same purpose. 2 0 9 Again, the issue made it to the ballot as a proposed constitutional change. 2 10 Again, it failed adoption, and that time it was the only proposal that failed.2 1 1 Bamett's expertise in taxation, which she used in her 1978 lobbying, made her a valuable and knowledgeable member of not only the 1997-98 CRC, but also both the 1992 and 2008 Taxation and Budget Reform Commissions.2 12 As a long-time lawyer and lobbyist, Barnett understood lobbyists and could hold her own against those who tried to lobby her.2 13 Being on the receiving end of lobbyists' efforts did not change Barnett's mind about the appropriateness of lobbying. 214 She has said that lobbying amounts to the free-speech right of interest groups to provide information to decision makers. 2 15

Despite the presence of lobbyists at the public hearings and in the halls of the Senate as the CRC and its committees met, 1997-98 member Jon Mills said that traditional lobbying, in the sense of a lobbyist having the power to contribute to one's campaign or not, was not possible. 2 16 After all, Mills said, CRC members do not need to campaign for election or reelection to the CRC, do not have a constituency other than the entire state, and do not need to raise money related to their CRC membership. 2 17 Therefore, lobbyists had fewer tools for influencing CRC members than they would have had for legislators.2 1 8 Nevertheless, Steven Uihlfelder, the executive director of the 1977-78 CRC, recommended to the 1997-98 steering committee that

208 Interview with Barnett and D'Alemberte (Apr. 29, 2014). 209 Id. 210 State's voters will decide amendments to constitution, SARASOTA HERALD TRIBuNE, Nov. 3, 1998 [hereinafter State's voters will decide]. 211 Interview with Barnett and D'Alemberte (Apr. 29, 2014). 212 Martha Barnett, BOBGRAHAMCENTER, FSU, http://www.bobgrahamcenter.ufl.edu /content/martha-bamett. 213 Interview with Barnett and D'Alemberte (Apr. 29, 2014). 214 Id. 215 Id. 216 Interview with Mills (July 20, 2015). 217 Id. 218 Id.

C.A. 000068 32 FloridaCoastal Law Review [Vol. 18:5 they institute rules regarding lobbying the CRC. 2 19 Those rules were codified into statute and remain in effect for the next CRC. 2 2 0 Even with rules regarding lobbying, the 1997-98 CRC received plenty of attention from lobbyists, to the agriculture business regarding the Commissioner of Agriculture and from legislators protesting a proposed independent redistricting commission, to the NRA's persistent attempts to influence the proposed amendment on firearm background checks. 2 2 1

PART IV: COMMON ISSUES FROM 1968 TO Now

A. Gun Control

One of the subject matters that has brought the most controversy from lobbyists, if not from within the CRC, has been gun control. The right to bear arms, section 8 of article I, the Declaration of Rights, has had relatively little change since its inception in 1968.222 The state's right to regulate firearms was written into the 1968 constitution together with the right to bear arms.2 2 3 Firearm regulation has seen only two changes since, and only one of those changes appears in article J.224 That change is the 1990 legislatively proposed mandate of a three-day waiting period before the retail purchase of handguns. 2 2 5 The mandate did not include a criminal history check for the purchaser; it contemplated only a cooling-off period and only for handguns. 2 2 6 Commissioner Katherine Fernandez-Rundle, state attorney for Miami- Dade County-the most notorious gun-slinging county in the state- proposed that the 1998 ballot should require a background check for the sale of every gun, including long guns and guns sold at gun shows.22 7

219 ConstitutionalRevision in Florida, supra note 12, at 37-3 8. 220 See FLA. STAT. § 112.3215 (2016). 221 Interview with Butterworth (June 25, 2015); Interview with Alfonso (Dec. 14, 2015); Interview with Brochin (July 13, 2015); Interview with Freidin (Aug. 26, 2015). 222 Daniel Gordon, Protecting Against the State Constitutional Law Junkyard: Proposals to Limit Popular ConstitutionalRevision in Florida, 20 NOVA L. REV. 413, 417 (1995). 223 FLA. CONST. art. I, § 8. 224 Id. art. I, § 8, art. VIII., § 5. 225 Id. art. I, § 8(b). 226 Id. 227 Paul Mendelson & Katherine Fernandez Rundle, Closing the Deadly Loopholes in

C.A. 000069 2016]1 Adkins 33

However, the 1998 CRC realized that a statewide tightening of gun accessibility might not be palatable in a state as diverse as Florida. Expanding the three-day waiting period to all firearms and adding a background check might make sense in urban areas, which were experiencing alarming growth in firearm-related homicides. But in more rural counties, the expanded requirements would insult lifelong hunters, for example. Fernandez-Rundle soon came to understand this and proposed the amendment as a county-by-county opt-in. 2 2 8 The NRA was sufficiently worried about the possibility of a proposal like this that it had representatives at every public hearing the CRC held in the summer of 1997.229 Its presence was heavy-handed enough that, years later, CRC members remembered the towering presence of the NRA at every hearing. 2 3 0 Newspaper accounts support this memory. 2 3 1

The measure passed, over the, loud dissent of the NRA's president, Marian Hammer, who lived in Tallahassee. 2 3 2 Her cries, and the NRA's strong pre-election media blitz claiming the amendment would actually weaken gun-related penalties statewide, were perhaps too raucous: many decried them as false. 2 3 3 No, the proposed constitutional amendment would not replace state felony penalties with county misdemeanors: the hierarchy of law makes that impossible, as the county ordinances would not replace any state laws. The measure would only close the loophole that allowed anyone to buy a gun at a gun show without having to submit to a background check.234

More than seventy percent of voting Floridians approved the proposal.2 3 5 The percentage in the three most populous counties- Miami-Dade, Broward, and Palm Beach-was well over eighty the FirearmsLaws: The History and Impact of Amendment 12, 52 FLA. L. REv 457, 459 (2000). 228 Id. at 458-59. 229 Id. at 462. 230 Interview with Brochin (Jul. 13, 2015); Interview with Ford-Coates (Aug. 13, 2015); Interview with Zack (Jul. 13, 2015). 231 Charles Elmore, Proposal to slice up school district dies, PALM BEACH POST, Mar. 18, 1998, at IA, 10A. 232 Id. at lA. 233 Mendelson & Rundle, supra note 227, at 466-67. 234 Id. 235 Id. at 458.

C.A. 000070 34 FloridaCoastal Law Review [Vol. 18:5 percent.236 Urban counties opted in quickly, in some cases having ordinances ready to take effect the same day the new constitutional amendment would.2 3 7 On the other hand, at least one county actually repudiated the measure; Columbia County passed an ordinance proclaiming that "[a]ll county ordinances which regulate or attempt to regulate firearms and ammunition, including, without limitation, the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof are hereby repealed to the extent they so regulate or attempt to so regulate." 238 Because it involved a local option, the amendment was placed in the Local Government article, article VIII, section 5.239 Two 2012 initiatives seeking to make gun ownership free from all regulation failed to reach the ballot; no other attempts to change Florida's right to bear arms have been attempted. 2 4 0

B. Legislative Branch

1. Apportionment.

The section of the legislative article that has generated the most controversy and the most activity while attempting to change it has been section 16, having to do with how the legislative and congressional districts are apportioned. 2 4 1 The 1978 CRC, which, in keeping with the politics of its time, was composed mostly of Democrats, voted to put an Independent Reapportionment Commission ("IRC") on the ballot for adoption.242 Conventional wisdom holds that independent reapportionment commissions are bad for the majority party because they will take control away from that party and place it in neutral hands. The 1977-78 CRC stood to lose power for the Democratic Party if the

236 Id. at 469. 237 Id. at 469-70. 238 COLUMBIA COUNTY, FLA., ORDINANCE § 2-1 (2011). 239 FLA. CONST. art. VIII, § 5. 240 Division of Elections, Initiatives/Amendments/Revisions, FLA. DEP'T ST., http://do s.elections.myflorida.com/initiatives/ (last visited May 31, 2016) [hereinafter Initiatives/Amendments/Revisions]. 241 FLA. CONST. art. III, § 16. 242 See A Retrospective and Prospective Sketch, supra note 143 (indicating that main contributors to the fonnation of 1977-78 CRC were Democrats); LINDA HONOLD & ADRIEN SCHLESS-METER, CASE STUDIES OF STATE REDISTRICTING CAMPAIGNS 4 (2015) (stating that the IRC plan was on the ballot in the 1978 CRC).

C.A. 000071 2016] Adkins 35

IRC was adopted. 2 43 However, the evidence is mixed as to whether the conventional wisdom is accurate. Jeremy Buchman, in his book Drawing Lines in Quicksand, has suggested that IRCs adopted in a government dominated by one party actually result in fewer incumbents retaining office in the first election after a redistricting. 2 4 4 When a mixed government uses an IRC for districting, Buchman suggests, the result at the next election is that more incumbents of each party retain their seats, possibly because bipartisan commissions may practice bipartisan gerrymandering. 2 4 5 However, a more recent author states that studies conducted during the first decade of the twenty-first century suggest that plans drawn by redistricting commissions produce more competitive seats-that is, fewer "safe" seats for one party or another, and fewer reelections of incumbents-than plans drawn by legislators. 246

Several types of redistricting commissions exist; were a 2017-18 CRC to consider one, it could choose to create a commission that is advisory only; a commission that acts only as a backup, if the legislature cannot agree on a plan; or a commission that is the primary body that redistricts. 2 4 7 The makeup of redistricting commissions similarly may vary: some are composed of equal numbers of representatives from each political party; others are composed of equal numbers from each party who then must choose another "tiebreaker" member; still others provide that particular public officeholders appoint members or that particular officeholders actually comprise the commission. 248

243 See generally Reapportionment, Redistricting, And Electors, LEADERSHIP CONF. (June 28, 2016, 11:00 PM), http://www.civilrights.org/census/your-community/redistri cting.html?referrer-https://www.google.com/ (explaining how independent commission affects majority party, which in this instance was the democratic party in 1978). 244 JEREMY BUCHMAN, DRAWING LINES IN QUICKSAND: COURTS, LEGISLATURES, & REDISTRICTING 214-19 (2001). 245 Id. 246 CHARLES S. BULLOCK, III, REDISTRICTING: THE MOST POLITICAL ACTIVITY IN AMERICA 136 (2010). 247 Justin Levitt, All About Redistricting, Loy. L. SCH., http://redistricting.l1s.edu/ who.php (last visited May 31, 2016). 248 Peter Miller & Bernard Grofman, Redistricting Commissions in the Western United States, 3 UC IRVINE L. REV. 637, 648 (2013).

C.A. 000072 36 Florida CoastalLaw Review [Vol. 18:5

The IRC, under consideration in 1977-78, the CRC considered was an example of the "tiebreaker" type of commission. 2 4 9 Its sponsor, Commissioner Jon Moyle, Sr., described it as establishing standards, prohibiting gerrymandering, establishing a nonpartisan commission, and providing prompt judicial review. 2 5 0 He described it as improving independence and efficiency, cutting costs, and putting Florida in the national forefront of fair apportionment. 25 1 The proposal generated no floor debate and passed with only one "no" vote.2 52 However, less than two weeks later, Commissioner Yvonne Burkholtz moved to reconsider it.253 The debate over whether to reconsider the IRC did generate debate, but almost none of it had to do with whether having one was a good idea.2 5 4 Burkholtz wished to change a provision governing the consequences of the reapportionment commissioners' inability to choose a tiebreaking chair.2 5 5 Discussion over how to tweak that language took up most of the debate. 2 5 6 Only toward the end of the debate did Commissioner John Ryals speak up; he announced he had been the only "no" vote originally and called the IRC a "terrible, terrible proposal" and a "mistake." 257 He did not explain his reasons for saying so.258 However, opponents to IRCs typically argue that appointers will simply choose representatives as partisan as they are or alternatively that a neutral commission drawing a map of evenly divided districts will only create unhappy voters. 2 5 9 Proponents of the second reason argue that drawing districts that are "safe" for one party or the other will result in a higher percentage of voters who are happy with the winning candidate and thus will be happier citizens. 2 6 0 No IRC was attempted again until 1998, but reapportionment saw amendment

249 Id. 250 1978 Transcript, Jan. 12, 1978, pp. 4045-59. 251 Id. 252 Id. 253 Id. 254 Id. 255 Id. 256 Id. 257 1978 Transcript, Jan. 24, 1978, p. 5035. 258 Id. 259 BULLOCK, III, supra note 246, at 136; Adam C. Smith & Peter Wallsten, "Proposalsfor ballot undergo late siege," ST. PETERSBURG TIMES, Mar. 20, 1998. 260 BULLOCK, III, supra note 246, at 136-37.

C.A. 000073 2016] Adkins 37 attempts in every election cycle after 1998 until the Fair Districts Amendments passed (creating two new sections to the Article and creating detailed rules for districting) in 2010.261

A proposal to have an IRC almost reached the ballot through the 1998 CRC. 2 6 2 Jennings appointee Marilyn Evans-Jones's project, an independent reapportionment commission, had a hard time getting the supermajority of twenty-two votes that it needed.2 6 3 Frank Morsani, another Jennings appointee, supported it, but all of the "no" votes as of February 12, 1998, were appointees of either Jennings, the Republican Senate President, or Webster, the Republican House Speaker.264

Toni Jennings has said that she never appointed people whom she expected to walk a particular line. 2 65 Although she had appointed Marilyn Evans-Jones, she made no attempt to control the subjects she became involved in. 2 6 6 Evans-Jones herself, a former Republican legislator from Brevard County, took some partisan flak for her work.2 67 When the IRC first received the twenty-two-vote supermajority it required to appear on the ballot, a newspaper article reported that an unnamed Republican approached Evans-Jones and stated: "Congratulations. You have just destroyed the Republican Party." 2 6 8

After the proposal got the bare twenty-two votes it needed in March 1998, the approved measures were crafted and drafted by the Style and Drafting Committee in group drafting sessions. 2 69 In the meantime, legislators John Thrasher and Ken Plante (who had been a CRC member in 1977-78) belatedly realized the redistricting

261 FLA. CONST. art. III, § 16; Initiative/Amendments/Revisions, supra note 240. 262 W. Dexter Dauglass, 1997-98 Constitution Revision Commission: A Progress Report, 6 FLA. B. J. 14, 14 (1998). 263 Constitution Revision Commission Proposals Filed, CONST. REVISION COMMISSION 10 (1997-1998); Dauglass, supra note 262. 264 Martin Dyckman, Redistrictingfor the electedfew, ST. PETERSBURG TIMES (Feb. 12, 1998), at 19.A. 265 Interview with Jennings (Sept. 18, 2015). 266 Id. 267 Id. 268 Martin Dyckman, Appointees don 't always do as told, ST. PETERSBURG TIMES (Mar. 19, 1998). 269 Interview with Mills (July 20, 2015).

C.A. 000074 38 Florida CoastalLaw Review [Vol. 18:5 commission was about to go on the ballot.270 They began talking to commissioners, including Ander Crenshaw, who had sponsored a similar bill in the Senate a few years earlier, to reconsider.27' Thrasher and company were able to get the CRC's permission to reconsider the vote in May. 27 2 Outlandish threats and promises were made. 273 For example, CRC member William "Clay" Henderson, an environmental lawyer from North Florida and an officer with the Audubon Society, said Thrasher suggested that a change to a "no" vote might result in the legislature agreeing to destroy the Rodman Dam. 274 The Rodman Dam had been a sore point for environmentalists since it was built in the 1960s as part of the aborted Cross Florida Barge Canal Project; destroying it would mean restoring the Ocklawaha River to its natural state, a long-fought-for dream for many.275 State Representative Tom Feeney, who would become House Speaker after John Thrasher, called the IRC a "really horrible policy" and, not afraid to be more explicit than Commissioner Ryals twenty years earlier, stated, "I can guarantee you that both parties are not going to pick academics. They're not going to pick independent, fair-minded people. They're going to pick eight highly partisan puppet apparatchiks."276 This time, two former "yea" votes turned.277 One was Stanley Marshall, often described as the CRC's most conservative member, and the other was Miami-Dade State Attorney Katherine Fernandez-Rundle, who took a walk, leaving the building so she would not be obligated to vote on the proposed amendment. 278 The IRC did not make it to the

270 Id. 271 Martin Dyckman, "Who Should Draw the Lines?," ST. PETERSBURG TIMES, Feb. 8, 1998; Interview with Barnett and D'Alemberte (Apr. 29, 2014). 272 Interview with Barnett and D'Alemberte (Apr. 29, 2014). 273 Interview with Henderson (Oct. 8, 2015). 274 Id. 275 Id. 276 Interview with Fenney. 277 Interview with Barnett and D'Alemberte (Apr. 29, 2014); Interview with Freidin (Aug. 26, 2015); Interview with Buzzett (Aug. 10, 2015); Interview with Kearney (Jul. 22, 2015). 278 Charles Elmore, "Panel rejects plan to have committee draw districts, " PALM BEACH POST, Mar. 24, 1998; Interview with Barnett and D'Alemberte (Apr. 29, 2014); Interview with Freidin (Aug. 26, 2015); Interview with Buzzett (Aug. 10, 2015); Interview with Kearney (Jul. 22, 2015).

C.A. 000075 2016] Adkins 39 ballot. 2 7 9 Fernandez-Rundle said her Latino and African-American constituents feared they would have less representation under an independent commission than under legislature-driven reapportionment.280

Many CRC members have said the IRC was the only subject in which politics caused some members to vote something other than their conscience. 28 1 Butterworth, among others, has said he believes that if it had made it to the ballot it would have passed.282 Carlos Alfonso has mused that the Republicans' control of both houses of the legislature was simply too new, after decades of Democratic control, to give up power to a neutral body so soon. 283 Many believe it will be brought up again in the 2017-18 CRC, along with other proposed amendments regarding redistricting, particularly in light of the repeated problems the legislature and the Florida Supreme Court have had in agreeing about what qualities of a legislative plan meet constitutional muster. 284

The failure of the IRC in 1998 led directly to the Fair Districts Amendments that were adopted in 20 10.285 CRC member Ellen Freidin, who was known in the 1998 CRC primarily for her involvement in ensuring equal rights language for women in the Declaration of Rights, watched as the politics brought the redistricting commission down. 286 She saw that even a bipartisan CRC could not succeed in putting forward a mechanism to take redistricting out of the hands of persons who had reelection on their minds. 287 When calculated by appointing authority, the CRC membership was eighteen

279 See generally A Retrospective and ProspectiveSketch, supra note 143 (identifying the proposals on the ballot for 1977-78 wherein the redistricting or fair district initiative is missing). 280 See Elmore, supra note 278. 281 Interview with Ford-Coates (Aug. 13, 2015); Interview with Butterworth (June 25, 2015). 282 Interview with Butterworth (June 25, 2015). 283 Interview with Alfonso (Dec. 14, 2015). 284 See Elmore, supra note 278. 285 Redistricting Provisions of the Florida Constitution, FAIR DISTRICTS Now https://www.fairdistrictsnow.org/redistricting/amendments/ (last visited June 28, 2016). 286 Interview with Freidin (Aug. 26, 2015). 287 Id.

C.A. 000076 40 Florida CoastalLaw Review [Vol. 18:5

Republicans, appointed by the first combination of Republican Speaker of the House and Republican Senate President; sixteen Democrats-the Democrat attorney general and the fifteen appointees of Democrat Governor Lawton Chiles; and three nonpartisans, but widely considered 2 88 to be Democrat, appointees of Chief Justice Gerald Kogan.

After seeing the defeat of an IRC at the hands of a bipartisan and independent CRC, proponents attempted to accomplish the same goal through citizens' initiatives.2 8 9 The 2002, 2004, and 2006 election cycles saw unsuccessful initiatives for IRCs as well as for stricter districting standards. 2 9 0 In 2006, an initiative for a "nonpartisan" commission for legislative and congressional districting was invalidated as misleading, as most of the members of the proposed commission would in fact be members of a political party.291 In 2006 the legislature placed a proposed amendment on the ballot that would require a sixty percent majority of the voting public to approve a measure for it to become a constitutional amendment.2 9 2 That amendment passed in 2006, making amendments that would change districting standards harder to pass.2 93 In 2007, Freidin took the helm of the redistricting ship and marketed the districting standards proposals as the Fair Districts Now Amendments. 2 9 4 The legislature challenged the proposed amendments in court unsuccessfully. 295 Finally, in 2010, the measures appeared on the ballot. 2 9 6 Another similarly titled proposed amendment submitted by the legislature was to appear next to the Fair Districts Now! Amendments, but the Florida Supreme Court invalidated it as

288 Overview ofFlorida'sConstitution Revision Commission, supra note 93. 289 Interview with Freidin (Aug. 26, 2015). 290 Id. 291 Advisory Op. to the Attorney Gen. Re: Indep. Nonpartisan Comm'n to Apportion Legislative and Congressional Dist. Which Replaces Apportionment By Legislature, 926 So. 2d 1218, 1220-21 (Fla. 2006). 292 Requiring Broader Public Supportfor ConstitutionalAmendments on Revisions, FLA. DEP'T ST., http://dos.elections.myflorida.com/initiatives/initdetail.asp?account- 10&seqnum=63 (last visited May 31, 2016). 293 FLA. CONST. art. XI, § 5(e). 294 Interview with Freidin (Aug. 26, 2015). 295 Id. 296 Howard Troxler, A look at the nine amendments on the Florida Ballot, THE TAMPA BAY TIMES (May 29, 2010).

C.A. 000077 2016] Adkins 41 misleading, holding that it failed to clearly disclose that its purpose was to nullify the Fair Districts Now Amendments. 2 9 7 More than sixty percent of the voters adopted the Fair Districts Now Amendments.2 9 8

Why was the legislature so hostile to the Fair Districts Now Amendments? The amendments have specific requirements to determine whether districts are fairly drawn. 2 9 9 In other words, they make the job of the legislators much harder, while also making it hard to draw districts that help one political party over the other. The full text of the new section 21 is set forth below. 3 0 0 The text of new Section 20 is identical with the exception that it pertains to congressional districts, not Florida legislative districts. 30 1

SECTION 21. Standards for establishing legislative district boundaries. - In establishing legislative district boundaries: (a) No apportionment plan or district shall be drawn with the intent to favor or disfavor a political party or an incumbent; and districts shall not be drawn with the intent or result of denying or abridging the equal opportunity of racial or language minorities to participate in the political process or to diminish their ability to elect representatives of their choice; and districts shall consist of contiguous territory. (b) Unless compliance with the standards in this subsection conflicts with the standards in subsection 1(a) or with federal law, districts shall be as nearly equal in population as is practicable; districts shall be compact; and districts shall, where feasible, utilize existing

297 Fla. Dep't of State v. Fla. State Conference of NAACP Branches, 43 So. 3d 662, 669 (Fla. 2010). 298 Standardsfor Legislature to Follow in CongressionalRedistricting, FLA. DEP'T ST., http://dos.elections.myflorida.com/initiatives/initdetail.asp?account=43605&seq num=1 (last visited May 31, 2016); Standardsfor Legislature to Follow in Legislature Redistricting, FLA. DEP'T ST., http://dos.elections.myflorida.com/initiatives/initdetail. asp?account-43605&seqnun=2 (last visited May 31, 2016). 299 FLA. CONST. art III, § 16(a). 300 Id. § 21. 301 Id. §§ 20-21.

C.A. 000078 42 Florida Coastal Law Review [Vol. 18:5

political and geographical boundaries. (c) The order in which the standards within subsections 1(a) and (b) of this section are set forth shall not be read to establish any priority of one standard over the other within that subsection. 3 0 2

While the measures passed with a wide margin, they have been litigated since, with the Florida Supreme Court invalidating legislatively drawn districts in 2012, 2014, and 2015.303 The difficulty the legislature has had in drawing districting plans that the Florida Supreme Court finds constitutional highlights, in the views of many, the need for an IRC.

2. Frequency of Sessions

In 1978 Commissioner Dubose Ausley proposed a return to biennial legislative sessions.304 His reasoning: quoting fellow commissioner and legislator, Ken Plante, Ausley pointed out that every law passed by the legislature restricts one's personal freedom.3 0 5 Also, Ausley pointed to the modern, post-1968, well-staffed legislature and pointed out that with the legislature's current staff support, the job of governing Florida or setting policies for it could, as before the 1968 constitution was implemented, be done in sixty days every two years. 3 0 6 Ausley also pointed out, in an apparent attempt to demonstrate his lack of bias, that by suggesting the change back to biennial sessions, he would "be in trouble with" his law firm, which, as he put it, made money trying to figure out what the legislature passes each session.3 07 However, Ausley's proposal never made it to the ballot. 308 Had it been adopted, Florida's annual legislative sessions would have been only a ten-year anomaly in an otherwise steady pattern of biennial sessions. 3 0 9

302 Id. § 21. 303 League of Women Voters of Fla. v. Detzner, 172 So. 3d 363, 416 (Fla. 2015). " 1978 Transcript, Nov. 16, 1977; p. 987 et seq. 305 Id. 306 1978 Transcript, Nov. 16, 1977; p. 987. 307 Id. " 1978 Transcript, Nov. 16, 1977; p. 987 et seq. 309 Id.

C.A. 000079 2016]1 Adkins 43

C Executive Branch

1. Cabinet

The most significant change to the Executive Branch since its major reorganization in the 1968 constitution has been the reduction of the number of officials elected statewide in addition to the governor.3 10 From the inception of the 1885 constitution until 1992, these officials, collectively referred to as the cabinet, had no limit to the number of terms they could serve, making them arguably more powerful than the governor, who could not succeed himself at all under the 1885 constitution and was limited to two terms under the 1968 constitution. 3 1 1 Not until 1992 was the constitution amended to limit cabinet members to eight years. 3 12 Whether to reduce the number of the elected members of the Cabinet made for some of the most heated discussion not only in the 1966 CRC, which ultimately kept it intact, but also in both the 1977-78 CRC and the 1997-98 CRC.

Jon Moyle, Sr., a gubernatorial appointee for the 1977-78 CRC, has acknowledged he acted as Governor Reubin Askew's floor manager on issues important to the governor. 3 1 3 However, he had one notable failure to accurately count votes on a politically sensitive topic: whether and how to reduce the cabinet.3 1 4 The CRC was divided between members who wanted to abolish the elected cabinet, making its members appointed by the governor, and members who wished to keep it elected.3 1 5 But even those who wanted the cabinet abolished realized that such a radical move, greatly strengthening the governor, would be politically unpalatable and was likely to lose on voting day. 3 16 Therefore, led by Moyle, who was carrying out the governor's

310 See The Governor and Cabinet: STRUCTURE OF THE FLORIDA CABINET, MY FLORIDA, http://www.myflorida.com/myflorida/cabinet/structurehistory.html (last visited June 28, 2016) (explaining the reduction of cabinet members directly elected by the Florida electorate to its modem three officers) [hereinafter The Governor and Cabinet]. 3" FLA. CONST. of 1885, art. IV, § 2; FLA. CONST. of 1968, art. IV, §5(b). 312 FLA. CONST. of 1992, art. VI, § 4. 313 Interview with Jon C. Moyle, Sr. (June 22, 2014). 314 Id. 315 Id. 316 Id.

C.A. 000080 44 Florida CoastalLaw Review [Vol. 18:5 preference, they proposed a halfway measure that would reduce the cabinet to three members.3 1 7 Supporters for retaining the full elected cabinet, led by Dempsey Barron, tried the reverse tactic of sponsoring an amendment to fully abolish the cabinet. 3 18 Commissioner Moyle believed there were sufficient votes on the CRC to defeat the no-cabinet amendment-but Moyle had not polled Chairman D'Alemberte, his old friend from law school. 1 9 Unknown to Commissioner Moyle, the chairman had pledged his vote to Commissioner Barron that he would support either abolishing the cabinet entirely or leaving it untouched, but only if the CRC vote was tied and the chair's vote was needed.3 2 0 That is exactly what happened.3 2 1 Chairman D'Alemberte cast the final vote that passed the amendment to abolish the whole cabinet.3 2 2 The vote was nineteen to eighteen. 323 Faced with the governor's disappointment, and surprised by D'Alemberte's vote, Moyle was furious.3 24 D'Alemberte proposed the two men play racquetball together to heal the division. 3 25 D'Alemberte recalls that every chance he got, Moyle tried to butt D'Alemberte into the concrete court walls. 3 2 6 D'Alemberte said later, "Jon was much bigger and stronger than I, but I was a better racquetball player." 327 Moyle remembers this incident in exactly the same fashion. 3 2 8

The cabinet finally shrank as a result of the 1998 CRC. 3 2 9 But the impetus came from within the cabinet. During the public hearings

317 Id. 318 Id. 319 Id. 320 Id. 321 Id. 322 Id. 323 Id. 324 Id. 325 Interview with Barnett and D'Alemberte (Apr. 29, 2014). 326 Id. 327 Id. 328 See interview with Barnett and D'Alemberte (Apr. 29, 2014); Interview with Moyle (June 22, 2014); MARTIN DYCKMAN, REUBIN O'D. ASKEW AND THE GOLDEN AGE OF FLORIDA POLITICS 245-46 (University Press of Florida 2011). 329 Florida Cabinet: 1845-present, FLORIDA MEMORY, https://www.floridamemory .coni/collections/governors/florida-cabinet.php (last visited June 20, 2016).

C.A. 000081 2016] Adkins 45 in the summer of 1997, before the CRC began its deliberations, then- Insurance Commissioner Bill Nelson and Comptroller Robert Milligan testified that their positions should be combined into one position, the state's chief financial officer. 3 3 0 This move would take the number of cabinet members from six to five. 3 3 1 At least one CRC member who was a cabinet member at the time, Attorney General Bob Butterworth, reasoned that because the attorney general and the chief financial officer positions both require technical expertise that is essentially apolitical, they are appropriate for statewide election. 3 3 2 Reducing the cabinet to only the attorney general and chief financial officer would have eliminated the commissioner of education, the secretary of state, and the commissioner of agriculture from elective office. 3 3 3

This scheme seemed headed for the ballot in early 1998 when it hit a snag: agribusiness noticed it. 334

One day, nineteen representatives of various agricultural interests entered the office of Carlos Alfonso, who was chair of the executive committee, which sponsored the cabinet-reduction bill.3 35 Their spokesman told Alfonso: If you want to live in this state, you'll not take the Agricultural Commissioner off the cabinet, because if you do, we will not only wreck your proposal but we will also wreck you. 3 3 6 Agricultural representatives also visited the office of CRC Chair Dexter Douglass with the same message. 3 37 Alfonso has described meeting with the agriculture representatives and reasoning with them. 3 3 8 However, they received what they wanted: the commissioner of

330 Interview with Butterworth (June 25, 2015); Martin Dyckman, Agribusiness defends its turf ST. PETERSBURG TIMES, Feb. 22, 1998 [hereinafter Agribusiness defends its tur]. 331 Interview with Butterworth (June 25, 2015). 332 Id. 1 The Governor and Cabinet, supra note 310 (stating that there are only three elected positions and the governor appoints two other positions). 334 Agribusiness defends its turf, supra note 330. 1 Fish & Wildlhfe Foundation of Florida: Carlos Alfonso, FISH&WILDLIFE, http://www.fishwildlifeflorida.org/alfonso/ (last visited June 28, 2016). 336 Interview with Alfonso (Dec. 14, 2015). 133 Agribusiness defends its turf supra note 330. 338 Interview with Alfonso (Dec. 14, 2015).

C.A. 000082 46 FloridaCoastal Law Review [Vol. 18:5

agriculture is still an elected cabinet member. 339 The CRC eventually placed on the ballot, and the voters adopted, a provision in which the elected Secretary of State and Education Commissioner positions would sunset at the same time their current occupants' terms would expire. 34 0 In turn, people holding those positions would have no personal incentive to oppose the new plan. 341

2. Other Executive Branch Issues. The largest remaining change to the executive branch was the merger of the Marine and Salt Water Fisheries Commission and the Game and Freshwater Fish Commission. 34 2 Changes had been attempted in 1996, but it was the 1998 CRC that finally melded the two groups' jurisdictions into the new entity called the Fish and Wildlife Conservation Commission. 34 3 For the first time, the same authority administered marine, freshwater, and land wildlife, and their funding sources were defined and constitutionally protected.344 The governor appoints each of the seven positions; they set policy but the legislature sets details such as seasons and bag limits. 34 5 In turn, the constitution directs the legislature to use all hunting and fishing-related revenues for the "management, protection, and conservation" of marine, freshwater, and land wildlife.346 In 1988, the legislature added two sections to the executive branch, creating the Department of Veterans' Affairs and the Department of Elderly Affairs.347 These two departments were

3 The Governor and Cabinet, supra note 310. 340 FLA. CONST. of 1968, art. VI § 4 (revised 1992). 341 Id. 342 State Archives of Florida Online Catalog, FLA. DEP'T ST., http://archivescatalog. info.florida.gov/default.asp?IDCFile=/fsa/DETAILSS.IDC, SPECIFIC=627763,DATA BASE=SERIES (last visited June 20, 2016). 343 FLA. CONST. of 1986, art. IV, § 9 (revised 1998) (dictating that all wildlife falls under this section of the Florida Constitution). 344 Id. 345 See id. 346 Id. 347 See generally H.R.J. Res. 290, Fla. Revision Comm'n (Fla. 1988), http://fall.fsulawrc.com/crc/conhist/1988amen.html (adding the Department of Veterans' Affairs and the Department of Elderly Affairs to the resolution).

C.A. 000083 2016] Adkins 47 evidently seen universally as necessary for constitutional creation and protection, as neither has been challenged since.

D. Suffrage and Elections

The changes to the constitutional provisions for suffrage and elections have been few but profound. As with the rest of the constitution, attempts at changes using the citizens' initiative process have been many; however, most have been unsuccessful for one reason or another at reaching the ballot.34 8 Only one initiative reached the ballot, only to fail; that was an initiative to repeal the 1998 amendment requiring the legislature to create a plan for "public financing for campaigns for statewide office." 349

1. Term Limits

The first major change to the elections law was the successful 1992 initiative creating term limits for cabinet members, legislators, U.S. Senators, and members of Congress.3 5 0 The eight-year term limit cannot actually bind U.S. Senators and Representatives, as they are bound by the United States Constitution and not by the Florida Constitution for purposes of their service.3 5 1 To actually bind them to eight years would arguably hobble Florida's effectiveness in Congress, as it would restrict its congressional delegation to far fewer years than those from other states, keeping Floridians out of the influential positions that depend on seniority.

The disadvantage a Florida Congress person would experience with a term limit disappears when it applies to the entire legislature of Florida; all Florida state legislators are on common ground with their eight-year limits. 3 52 The disadvantages are different, critics argue. If

348 See Initiatives/Amendments/Revisions, supra note 240. 34 Division of Elections, Ballot Access, Public Campaign, Financing, & Election Process Revisions, FLA. DEP'T ST., http://dos.elections.myflorida.com/initiatives/ (last visited June 23, 2016) [hereinafter Ballot Access, Public Campaign]. 350 FLA. CONST. of 1992, art. VI, § 4. 35 See U.S. CONST. art. VI, cl. 2 (stating that the Constitution is the supreme law of the land). 352 See generally FLA. CONST. of 1992, art. VI, § 4 (1992) (stating that the state legislators have a term of eight years).

C.A. 000084 48 FloridaCoastal Law Review [Vol. 18:5 legislators must leave in eight years, then the leadership of each house must rise to the top in only six years. This means that ambitious candidates must begin politicking for leadership positions, even for speaker of the house and president of the senate, in some cases before they even are elected. Instead of learning the ropes and earning respect over years of committee service, they are strategizing to move up through the ranks. The result can be a legislature that responds primarily to its own power structure rather than to the needs of the state, according to critics of the term limits. 35 3 Since 1992, several attempts have been made to repeal the term limits amendment.35 4 But the melody of "Throw the bums out!" is catchier than the complex reasons a legislator might better serve his or her constituents by learning how to serve effectively over a longer arc of time. 3 5 5 A proposal to relax term limits may be on the 2017-18 CRC's agenda.3 5 6

2. Other Issues

The 1998 CRC's ticket of proposals included one reforming election law that affected sections 1, 2, 5, and 7 of article VI. 3 5 7 Among other things, it equalized ballot access requirements for independent and minor party candidates with that of majority party candidates; allowed all voters to vote in a primary election if no other candidate was running; provided public financing of campaigns for statewide candidates who would agree to campaign spending limits; permitted gubernatorial candidates to run in primary elections without a running mate; and made school board elections nonpartisan. 35 8 It, like most of

133 See generally Randall G. Halcombe, Since term limits took effect, state government has shrunk, ORLANDO SENTINEL (Mar. 25, 2015) http://www.orlandose ntinel.com/opinion/os-ed-term-limits-florida-032515-20150324-story.html (explaining that legislative staff favor government spending and programs because the staffers work for the legislators and therefore have preference for their own power structure). 354 See generally Mary Ellen Klas, Florida legislators propose increasing term limits, MIAMI HERALD, (Nov. 20, 2015, 12:50 PM), http://www.miamiherald.com/new s/politics-government/state-politics/article45621033.html (discussing that the Florida Supreme Court upheld the eight-year term limit in 1995 when the U. S. Supreme Court did away with term limits for Congress). 3 See generally id. (using the similar phrase "Throw out the Rascals"). 356 Id. ... See Ballot Access, Public Campaign, supra note 349. 358 State's voters will decide, supra note 210.

C.A. 000085 2016] Adkins 49 the 1997-98 CRC's proposals, was adopted by the voters by a healthy margin. 359

Other ballot initiatives that have been attempted and that may arise again have involved several initiatives seeking to expand voting rights, such as initiatives that would have allowed parents to vote on behalf of their children and guardians to vote on behalf of the incapacitated adults they care for; restored voting rights for felons; and lowered the voting age to sixteen. 3 6 0 Others sought to increase options for voters in the voting booth, allowing for a "none of the above" line on ballots; allowing for recall votes; and creating an instant runoff by allowing people to vote for their first and second place candidates, as Florida law currently provides for plurality wins in general elections. 3 6 1

PART V: CONCLUSION

A review of all revisions and attempted revisions to the Florida Constitution since 1968 is beyond the scope of this Article. Many other issues, such as the constitutional right to privacy, may come under scrutiny by the next CRC. Other issues, such as the judiciary and education, are treated elsewhere in this symposium issue. When the 2017-18 CRC steps into the river of constitution revision next year, the author's hope is that this Article and the other articles in this Volume will help their understanding of the issues critical to Florida.

. See Ballot Access, Public Campaign, supra note 349. 360 See generally Initiatives/Amendments/Revisions, supra note 240 (listing the past and present initiatives, amendments, and revisions that have failed). 36 See generally id. (listing the past and present initiatives, amendments, and revisions).

C.A. 000086 C.A. 000087 Articles, FL ST HIST CONST Articles

West's Florida Statutes Annotated Florida Constitution--1868 Unannotated

West's F.S.A. HIST CONST Articles

Articles

Currentness

* * *

C.A. 000089 Articles, FL ST HIST CONST Articles

West's Florida Statutes Annotated Florida Constitution--1885

West's F.S.A. HIST CONST Articles

Articles

Currentness

* * *

C.A. 000093 Articles, FL ST HIST CONST Articles

* * *

C.A. 000097 Articles, FL ST HIST CONST Articles

* * *

C.A. 000099 Articles, FL ST HIST CONST Articles

* * *

C.A. 000101 Articles, FL ST HIST CONST Articles

* * *

C.A. 000103

* * *

C.A. 000104 Articles, FL ST HIST CONST Articles

* * *

C.A. 000125 730 LAWS OF FLORIDA

Chap. 19355 CHAPTER 19355—(No. 360). 1939 COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 25 Relating to AN ACT Relating to Public Education, Providing for the Organ- Public riducation. ization, Establishment, Operation, Maintenance, and Support or the State System of Public Education and Prescribing Pen- alties for Violating Ally Provision of the Act, and Any Rule and Regulation Made Pursuant to the Act.

Be It Enacted by the Legislature of the State of Florida: CHAPTER I SCOPE, ORGANIZATION, AND DEFINITIONS ARTICLE 1 CONSTRUCTION AND SCOPE OF SCHOOL CODE Section 101. SCOPE OF ACT.—This Act comprises the codified school laws of the State of Florida.

The Florida Section 102. NAME OF ACT.—This Act, as the same may be School Code. amended from time to time, shall be known as The Florida School Code. Section 103. PURPOSE OF CODE.—It is the purpose of the Florida School Code to provide for the organization, establishment, operation, maintenance, and support of the State System of Public Education.

Liberal Section 104. PROVISIONS LIBERALLY CONSTRUED.— construction. The provisions of the Florida School Code shall be liberally construed to the end that its objects may be effected and public education may be promoted throughout the State.

Saving clause. Section 105. UNCONSTITUTIONALITY OF PROVISIONS.— If any chapter, article, section, sub-section, sentence, clause, phrase, or word of the Florida School Code is for any reason held or declared to be unconstitutional, inoperative, or void, such holding or invalidity shall not affect the remaining portions of the Florida School Code; and it shall be construed to have been the legislative intent to pass the Florida School Code without such unconstitutional, inoperative, or invalid part therein; and the remainder of the Florida School Code after the exclusion of such part or parts shall be deemed and held to be as valid as if such excludei parts had not been included herein; or if the Florida School Code or any provision thereof shall be held

C.A. 000126 LAWS OF FLORIDA 731 inapplicable to any person, groups of persons, property, kind of Chap. 19355 property, circumstances, or set of circumstances, such holding 1939 shall not affect the applicability thereof to any other person, property, or circumstance.

Section 106. CONFLICTING LAWS REPEALED.—All laws Repeal of conflicting and parts of laws, general, special, and local, except general, laws. special, and local laws which relate to appropriations, to the amount of compensation of school officials, to the qualifications of county superintendents of public instruction, to tenure or teachers and other members of the instructional staff, and to the assessment and collection of taxes upon railroad, street railroad, sleeping car, parlor car, and telegraph company property, which are in conflict with the provisions of the Florida School Code, are hereby repealed.

Section 107. APPROPRIATIONS NOT REPEALED. The Appropria- tions not omission from the Florida School Code of any existing appropri- repealed. ation made for any of the purposes set forth herein shall not be construed to repeal or otherwise affect any such appropriation. All appropriations, existing and hereafter made, for the purposes set forth in the Florida School Code shall be subject to its provisions unless otherwise provided in the Acts making such appropriations. Section 108. LAWS RELATING TO ASSESSMENT AND COLLECTION OF TAXES UPON RAILROAD, STREET RAIL- ROAD, SLEEPING CAR, PARLOR CAR, AND TELEGRAPH COMPANY PROPERTY NOT REPEALED.—Nothing in the Florida School Code shall be deemed to modify or abrogate any part of the law with reference to the assessment and collection of taxes upon railroad, street railroad, sleeping car, parlor car, and telegraph company property. Section 109. OTHER CURRENT ACTS RELATING TO Consolidation of Current EDUCATION.—All general Acts relating to Education which Acts. are enacted into law during the 1939 Regular Session of the Legislature of the State of Florida shall, unless otherwise designated, become a part of the Florida School Code. In preparing the Florida School Code for publication, the State Superintend- ent of Public Instruction is hereby authorized to insert said Acts relating to Education in their proper place or places in the Flor- ida School Code, as determined by him, and to assign such section numbers to the sections of these Acts as are necessary to make them conform to the plan of the Florida School Code.

C.A. 000127 732 LAWS OF FLORIDA

Chap. 19355 Section 110. INDEXING AND PUBLICATION OF FLOR- 1939 IDA SCHOOL CODE.—As soon as practicable after the enact-

Publication ment of the Florida School Code, the State Superintendent of of School Code. Public Instruction shall prepare an appropriate index for said Florida School Code, shall arrange the Florida School Code and all materials relating thereto properly for publication, and shall cause to be printed such copies of said Florida School Code as he may find necessary to meet the needs of his department, to supply the necessary copies to county school officials of the State, to be used by him in the mutual exchange of school laws with other states, to meet such needs as may be determined under regulations of the State Board of Education, and for sale to the general public. The price of the copies of the Florida School Code to be sold to the general public shall be fixed by the State Board of Education to cover the cost of printing and distributing same. Section 111. EFFECTIVE DATE.—This Act shall take effect on July 1, 1939. ARTICLE 2. ORGANIZATION. Organization Section 112. CHAPTERS, ARTICLES, SECTIONS, SUB- of School Code. SECTIONS, AND ITEMS.—The Florida School Code is organized into chapters, articles, sections, sub-sections, and items, and these are defined as follows : (1) CHAPTER. A chapter is one of the major divisions of the Florida School Code relating to some broad particular phase, subject, or topic into which the whole field of public education logically may be divided. The Florida School Code consists of the following chapters : Chapter I: Scope, Organization, and Definitions Chapter II: State Plan for Public Education Chapter III: Functions of State Educational Agencies Chapter IV : The County School System Chapter V : Personnel Chapter VI: Child Welfare Chapter VII: Courses of Study and Other Instruc- tional Aids Chapter VIII: Transportation Chapter IX : The School Plant Chapter X : Finance and Taxation

C.A. 000128 LAWS OF FLORIDA 733

(2) ARTICLE. Each chapter, for better organization and Chap. 19355 1939 arrangement of content, is divided into major topics or subdivisions designated as articles. (3) SECTION. A section is one of the distinct subjects treated in an article ; a distinct subdivision of an article. (4) SUB-SECTION. A sub-section is one of the distinct parts into which a section logically is divided, to the end that each aspect of the subject or material treated in the section may appear in its proper relationship to the section as a whole. (5) ITEM.—When a sub-section is further divided for the sake of greater clarity of statement, one of the divisions of the sub-section is defined as an item. Section 113. RELATIONSHIP OF PARTS OF CODE.—Each part of the Florida School Code is to be construed in its proper relationship to each other part having a bearing on the same phase, subject, topic, or item.

ARTICLE 3 DEFINITIONS AND INTERPRETATIONS.

Section 114. GENERAL PROVISIONS.—Definitions of words, Definitions and Inter- phrases, and terms as used in the Florida School Code shall be pretations. as hereinafter set forth : Provided that definitions and terms shall not be interpreted to be restrictive unless or except as indicated. Section 115. WORDS, PHRASES, AND TERMS. Words, phrases, and terms used in the Florida School Code, unless herein or otherwise defined or apparent from the context of the Florida School Code, shall have their ordinary and generally accepted meaning. Section 116. PRONOUNS.—Any pronoun used in the Florida School Code to apply or refer to a person shall, unless otherwise designated, be interpreted to apply or refer to a person of either sex. Section 117. GENERAL DEFINITIONS.—General definitions shall be as follows: (1) SCHOOL CODE.—The term "School Code" shall refer to the Florida School Code.

C.A. 000129 734 LAWS OF FLORIDA

Chap. 19355 (2) REVISED GENERAL STATUTES. The term "Revised 1939 General Statutes" shall refer to the Revised General Stat- utes of Florida, 1920. (3) COMPILED GENERAL LAWS.—The term "Compiled General Laws" shall refer to the Compiled General Laws of Florida, 1927.

Section 118. SPECIFIC DEFINITIONS.—Specific definitions shall be as follows :

State System (1) STATE SYSTEM OF PUBLIC EDUCATION.—The State of Public Education. System of Public Education shall consist of such publicly supported and controlled schools, Institutions of Higher Learning, other educational institutions, and other educational services as may be provided or authorized by the Constitution and Laws of Florida. (a) PUBLIC SCHOOLS.—The public schools shall consist of nursery schools and kindergarten classes; elz- mentary and secondary school grades and special classes; adult, part-time, vocational, and evening schools, courses, or classes authorized by law to be operated under the control of County Boards. (b) INSTITUTIONS OF HIGHER LEARNING.---The Institutions of Higher Learning shall consist of all State supported educational institutions offering work above the public school level that are authorized and established by law, together with all activities and services authorized by law to be administered by or through each of those institutions. (c) OTHER EDUCATIONAL INSTITUTIONS.—Other State supported institutions primarily of an educational nature shall be considered parts of the State System of Public Education. The educational functions of other State supported institutions not primarily of an educational nature but which have specific educational responsibilities shall be considered responsibilities belonging to the State System of Public Education. (d) OTHER EDUCATIONAL SERVICES.—These shall include health services, vocational rehabilitation, and such special services and functions as may be authorized by law or by regulations of the State Board as

C.A. 000130 LAWS OF FLORIDA 735

prescribed by law and as are considered necessary Chap. 19355 to improve, promote, and protect the adequacy and 1939 efficiency of the State System of Public Education. (2) COUNTY SCHOOL SYSTEM. A county school system County School is a part of the State System of Public Education and System. shall consist of all schools, courses, agencies, and services under the control of a County Board. (3) SCHOOL DISTRICT.—A School district is a special tax district created and existing pursuant to Section 10 of Article XII of the Constitution. (4) COUNTY SCHOOL BOARD ELECTION DISTRICT.— A County School Board Election District is one of the districts into which a county is divided for the purpose of electing members of the County Board. (5) SCHOOL DISTRICT ELECTION. A school district election is the election which is to be held on the first Tuesday after the first Monday in November of odd numbered years for the purpose of voting the school district tax levy for maintenance purposes and for selecting trustees for the ensuing two years. (6) ELECTOR: SCHOOL DISTRICT ELECTIONS.--An elector qualified to vote in any school district election is any qualified elector whose voting registration is in the school district where said election is being held, who pays a tax on real or personal property within such district. (7) ELECTOR: BOND ELECTIONS.—An elector elegible to vote in any school district bond election is any free- holder in such district who is an elector qualified to vote in a school district election in such district.

(8) SCHOOL.---A school is an organization of pupils for School. instructional purposes into classes or grades at any school center on an elementary, a high or secondary school, or other public school level approved by and under regulations of the State Board. (9) SCHOOL CENTER.—A school center is the place of location of any school or schools on the same or on adjacent sites. (10) ATTENDANCE AREA.—An attendance area is the area from which pupils are designated to attend a given school; that is, the territory served by any given school.

C.A. 000131 736 LAWS OF FLORIDA

Chap. 19355 (11) SCHOOL PLANT.—A school plant includes all physical 1939 features incident to or necessary to accommodate pupils and teachers and the activities of the educational program of each school center. It includes site, playgrounds and equipment, athletic field, the school building or buildings with all their mechanical and educational equipment, gym- nasiums, vocational buildings, bus sheds, teachers' homes, and other equipment wherever located necessary to provide an adequate school program. School officers. (12) SCHOOL OFFICERS.—The officers of the State System of Public Education shall be the State Superintendent of Public Instruction and the members of the State Board of Education and for each county school system the officers shall be the County Superintendent of Public In- struction and members of the County Board of Public Instruction. (13) TRUSTEES.—The trustees of each school district shall be subordinate school officers and shall be referred to herein as trustees. Instructional (14) INSTRUCTIONAL PERSONNEL.—Instructional per- personnel. sonuel comprises the members of the instructional staff and includes supervisors, principals, teachers, librarians, and others engaged in an instructional capacity in the public schools. (a) PRINCIPAL.—A principal is the head of any school or school center having more than one teacher. He may be a teaching principal, who devotes half or more of his time to actual classroom teaching, or a supervising principal, who devotes less than half of his time to actual classroom teaching and has charge of one or more schools. A district supervising principal is a supervising principal designated to have supervision of instruction in all schools in a school district or in a particular part of a school district. (b) TEACHER.—A teacher, except as otherwise designated, shall be any person employed primarily in an instructional capacity.

Administra- (15) ADMINISTRATIVE PERSONNEL. — Administrative tive personnel. personnel comprises the County Superintendent and those persons who may be employed as professional administra-

C.A. 000132 LAWS OF FLORIDA 737

tive assistants to the County Superintendent, but does Chap. 19355 not include secretarial, clerical, or other office assistants. 1939 (16) PARENT AND SCHOOL PATRON.—The terms parent and school patron shall be interpreted to refer to either or both parents, to any guardian, or to any person in parental relationship to a child or exercising supervisory authority in place of a parent over a child of public school age. (17) SCHOOL GRADE.—A school grade is one of the divisions or sections of the public school program which represents the work of a school year. (18) SCHOOL DAY.—A school day for any group of pupils School day. is that portion of the day in which school is actually in session and shall comprise not less than five net hours, and not less than six hours including intermissions for all grades above the third; not less than four net hours for the first three grades ; and not less than three net hours in kindergarten and nursery school grades : Pro- vided that the minimum length of the school day herein specified may be decreased not to exceed one net hour under regulations of the State Board.

(19) SCHOOL WEEK.—A school week shall comprise the School week. school days or any calendar week during which schools are actually in session plus any school holidays authorized under regulations of the State Board and occurring within that week. (20) SCHOOL MONTH.—A school month shall consist of School month. twenty school days, including any school holidays authorized under regulations of the State Board. (21) SCHOOL HOLIDAY.—A school holiday is a legal or School other prescribed holiday falling on a regular school day holiday. during which schools are authorized in accordance with regulations of the State Board not to be in session, but for which school employees receive pay as for any day on which schools are in session.

(22) SCHOOL VACATION PERIOD.—That period of the School vaca- school year beginning on or before December 24 and con- tion period. tinuing for a period of time to be fixed by the County Board which shall include Christmas Day and New Year's Day, shall be set apart as a vacation period, and during that time schools shall not be in session and that time

C.A. 000133 738 LAWS OF FLORIDA

Chap. 19355 shall not be considered a part of the school month. Any 1939 period when schools are not in session between the end of one school year and the beginning of the next school year shall also be considered a school vacation period. (23) SCHOOL CALENDAR MONTH.—The calendar month for schools shall correspond with the months of the calendar year. School year. (24) SCHOOL YEAR. The school year shall comprise the period during which the schools are regularly in session during any school fiscal year beginning on or after July 1 and ending on or before June 30: Provided that the State Board may in special cases on application by the County Board approve a school year which begins not to exceed ninety days before the beginning of the school fiscal year. (25) SCHOOL FISCAL YEAR. The school fiscal year shall begin on July 1 and shall end at the close of June 30 in each and every year.

Use of terms. Section 119. USE OF TERMS.—In determining the meaning of the School Code, the following brief terminology shall be used, each such term to be synonymous with and to have exactly the same meaning as the longer term for which it stands. (1) CONSTITUTION.—The Constitution of Florida. (2) PUBLIC SCHOOLS.—The Public free schools of the State of Florida. (3) STATE BOARD.—The State Board of Education. (4) STATE SUPERINTENDENT.—State Superintendent of Public Instruction. (5) STATE DEPARTMENT.—State Department of Educa- tion. (6) COUNTY BOARD. County Board of Public Instruction. (7) COUNTY SUPERINTENDENT.—County Superinten- dent of Public Instruction. (8) DISTRICT OR SCHOOL DISTRICT.—Special Tax School District. (9) COUNTY BOARD ELECTION DISTRICT.—County School Board Election District. (10) TRUSTEE.—Special. Tax School District Trustee.

C.A. 000134 LAWS OF FLORIDA 739

(11) FEDERAL.—Belonging to or relating to the Federal Chap. 19355 Government of the United States or to any department 1939 or agency thereof. (12) STATE PERMANENT SCHOOL FUND.—The fund designated in the Constitution as the State School Fund. (13) STATE APPORTIONABLE FUNDS.—Includes any State funds set aside by the Constitution or by the Legis- lature for apportionment to County Boards and which become after apportionment to any county's part of the. County General School Fund of that county. (14) COUNTY CURRENT SCHOOL FUND.—All funds ac- cruing to the credit of the County Board from county or other sources; and which, together with the State apportionable funds, constitute the County General School Fund. (15) COUNTY GENERAL SCHOOL FUND.—The fund designated in the Constitution as the county school fund com- prised of all State apportionable funds and all county current school funds which accrue to the credit of any County Board. (16) DISTRICT CURRENT SCHOOL FUND. The fund raised principally by the tax voted in any school district as authorized in Section 10 of Article XII of the Con- stitution. (17) SCHOOL DISTRICT I. & S. FUND.—The School Dis- trict Bond Interest and Sinking Fund ; that is, the fund raised from the tax levy authorized in the Constitution (Section 17, Article XII) to pay interest and principal on special tax school district bonds. (18) SCHOOL DISTRICT BOND CONSTRUCTION FUND.— The proceeds of school district bonds, together with any grant or any other asset for the same purpose, including the proceeds of insurance or sales of property to be used for the same purpose for which bonds were issued. CHAPTER II STATE PLAN FOR PUBLIC EDUCATION ARTICLE 1 GENERAL PROVISIONS Section 201. STATE' PLAN FOR PUBLIC EDUCATION.— It is the purpose of the State Plan for Public Education to ensure the establishment of a State system of schools, courses, classes,

C.A. 000135 740 LAWS OF FLORIDA

Chap. 19355 institutions, and services adequate to meet the educational needs 1939 of all citizens of the State. Section 202. STATE SYSTEM OF PUBLIC EDUCATION ESTABLISHED.—There is hereby organized and established in keeping with this State plan for public education a State System of Public Education which shall be maintained and supported as hereinafter provided. Section 203. SCOPE OF STATE SYSTEM.—The State System of Public Education shall include such school systems, schools, institutions, agencies, services, and types of instruction as may be provided and authorized by law, or by regulations of the State Board within limits prescribed by law.

Uniform sys- Section 204. UNIFORM SYSTEM OF PUBLIC SCHOOLS tem of Public Schools. INCLUDED.—As required by Section 1, Article XII of the Con- stitution, this State System of Public Education shall include the uniform system of public free schools which is hereby established and which shall be liberally maintained. Minimum Section 205. MINIMUM SCHOOL TERM.—A minimum term school term. of eight months shall be maintained in all public schools of the State: Provided that it shall be the duty of any County Board, when practicable, to establish and provide a longer term: and Provided, further, that this term shall be extended by regulations of the State Board to a minimum of nine months for all counties if and when the necessary funds are available. Display of OF FLAG-S. flags. Section 206. DISPLAY —The flag of the United States of America shall be displayed daily when the weather permits upon one building or on a suitable flag staff upon the grounds of each State educational institution and upon every county school building or the grounds of the same except when the institution or school is closed for vacation: Provided that -for a school center at which two or more school buildings are located on the same or on adjacent sites one flag may be displayed for the entire group of buildings. Penalty. Section 207. SCHOOL OFFICERS AND TRUSTEES TO TURN OVER MONEY AND PROPERTY TO SUCCESSORS.— Every school officer and trustee shall turn over to his successors in office on retiring all books, papers, documents, funds, money, and property of whatever hind which he may have acquired, received, and held by virtue of his office and shall take full receipt

C.A. 000136 LAWS OF FLORIDA 741 for them from his successor. Any person violating the provisions Chap. 19355 of this Section, upon conviction of the same, shall be fined not 1939 exceeding Five Hundred Dollars ($500) or imprisoned in the county jail for a period of time not exceeding six months, or he may be imprisoned and fined in the discretion of the court.

Section 208. REMOVAL FROM OFFICE.—The Governor Removal from office. shall remove from offfice any school officer who wilfully fails to perform his duties as a school officer, and the office shall thereupon be declared vacant. The State Board shall remove from office any trustee who wilfully fails to perform his duties as a trustee, and the office shall thereupon be declared to be vacant. Section 209. SEPARATE SCHOOLS FOR WHITE AND Race segregation. NEGRO CHILDREN REQUIRED. The schools for white children and the schools for negro children shall be conducted separately. No individual, body of individuals, corporation, or association shall conduct within this State any school of any grade—public, private, or parochial--wherein white persons and negroes are instructed or boarded in the same building or taught in the same classes or at the same time by the same teachers. Section 210. WHITE TEACHERS MAY NOT TEA MI NEGRO SCHOOLS: NEGRO TEACHERS MAY NOT TEACH WHITE SCHOOLS.—No white teacher shall be regularly employed to teach in any negro school, and no negro teacher shall teach in any white school in this State: provided that this Section shall not operate to prevent the employment of white supervisors for negro schools or teachers. Section 211. WHEN VOTING MACHINES MAY BE USED IN SCHOOL ELECTIONS.—Whenever voting machines are au- thorizel to be used in general or primary elections in any county, the County Board may, in its discretion, require such machines to be used in any other elections provided for under the School Code.

ARTICLE 2 DIVISIONS OF PUBLIC EDUCATION

Section 212. DIVISIONS OF STATE SYSTEM OF PIJB- Divisions of LIC EDUCATION.—The State System of Public Education shall State System. comprise the following divisions: (1) public schools; (2) In- stitutions of Higher Learning ; (3) other State supported institutions of an educational nature; (4) other educational services.

C.A. 000137 742 LAWS OF FLORIDA

Chap. 19355 Section 213. PUBLIC SCHOOLS REQUIRED.—The public 1939 schools of the State of Florida shall provide for twelve consecutive Public years of instruction which shall constitute the uniform system of schools required. public free schools prescribed by Section 1 of Article XII of the Constitution and which shall include the following: (1) ELEMENTARY SCHOOLS.—Elementary schools shall comprise all classes and grades through the sixth or, upon decision by the County Board when authorized by regulations of the State Board, may include work through the eighth grade. (2) HIGH OR SECONDARY SCHOOLS.—High or secondary schools shall include junior high schools with grades seven to nine, inclusive; senior high schools with grades ten to twelve, inclusive; or junior-senior high schools with grades seven to twelve, inclusive; or, upon decision by the County Board when authorized by regulations of the State Board, may be organized as four-year high schools comprising grades nine to twelve, inclusive. Other public Section 214. OTHER PUBLIC SCHOOLS, COURSES, OR schools authorized. CLASSES AUTHORIZED.—The public schools of Florida, may in addition to the elementary and high schools prescribed in Sec- tion 213 or the School Code, include nursery schools, kindergartens, and special schools, courses, or classes as authorized below: (1) NURSERY SCHOOLS.—Nursery schools shall comprise classes for children between the ages of three and five years, inclusive, and may be established in the discretion of County Boards where sufficient children of these ages are available to make possible an organization of at least twenty such children at any school center. (2) KINDERGARTEN.--Kindergarten Classes comprising children between the ages of four and six years, inclusive, may be established in the discretion of County Boards: Provided, sufficient children of these ages are available to make possible an organization of at least twenty such children at any school center. (3) OTHER SCHOOLS, COURSES, AND CLASSES.—Such other schools, courses, and classes established as provided by law or by regulations of the State Board for giving instruction in applied arts and science; for developing a typical, dependent, and delinquent children; for promoting the education of adults; for furnishing part-time,

C.A. 000138 LAWS OF FLORIDA 743

evening, and vocational schools and classes; for providing Chap. 19355 vocational training; and for offering other types of in- 1939 struction of a similar educational nature shall be considered as parts of the State System of Public Schools.

ARTICLE 3 CONTROL AND SUPPORT OF PUBLIC EDUCATION

Section 215. CONTROL OF PUBLIC SCHOOLS.—The gen- Control and Support of eral control of the public schools of the State shall be vested in Public the State Board. The immediate control of the schools of any Education. county shall be vested in the County Board. Section 216. SUPPORT OF PUBLIC SCHOOLS.—The public schools shall be supported as prescribed below and in Chapter X of the School Code. (1) NURSERY SCHOOLS AND KINDERGARTEN CLASS- ES.—Nursery schools and kindergarten classes when organized as public schools or as public school classes shall be maintained and supported from county or local taxes, or from such local tax funds supplemented by tuition charges, or by funds from Federal or from other sources exclusive of State sources. (2) ELEMENTARY AND HIGH SCHOOLS.--Public education in grades one to twelve, inclusive, shall be made available at public expense for a minimum term of eight months each year to all persons from six to twenty-one years of age, inclusive, and to such other persons residing in the State as may be declared by regulations of the State Board to be eligible for work in these grades. The funds for the support of these schools are to be derived from State, County, District, Federal, or other sources or com- binations of sources. No matriculation or tuition fees shall be charged pupils whose parents are bona fide residents of this State : Provided those pupils are attending any of the first twelve grades of the public schools to which they are properly assigned, as hereinafter provided. (3) OTHER SCHOOLS, COURSES, AND CLASSES.— Other schools, courses, and classes shall be supported by State, County, District, and Federal funds or by any combination of these funds supplemented by funds from such other sources as may be available.

C.A. 000139 744 LAWS OF FLORIDA

Chap. 19355 Section 217. INSTITUTIONS OF HIGHER LEARNING.— 1939 The Institutions of Higher Learning of Florida shall be controlled and supported as provided by law. Section 218. OTHER STATE SUPPORTED INSTITUTIONS OF AN EDUCATIONAL NATURE. These institutions shall be controlled and supported as provided by law. Section 219. OTHER EDUCATIONAL SERVICES.—The general control of other educational services shall be vested in the State Board. The immediate control of any of these services provided as part of the county program of education shall rest with the County Board. These services shall be supported out of State, County, District, and Federal or other funds depending on the requirements of the services being supported.

CHAPTER III FUNCTIONS OF STATE EDUCATIONAL AGENCIES ARTICLE 1 STATE RESPONSIBILITIES State re- Section 301. STATE FUNCTIONS.—Public education is sponsi bilities. basically a function and responsibility of the State. The responsibility for establishing such minimum standards and regulations as shall tend to assure efficient operation of all schools and adequate educational opportunities for all children is retained by the State. The responsibility for the actual operation and administration of all schools needed within the counties in con- formity with regulations and minimum standards prescribed by the State, and also the responsibility for the provision of any desirable and practicable opportunities authorized by law beyond those required by the State are delegated by law to the school officials of the respective counties. Section 302, STATE AGENCIES.—These functions of the State shall be exercised through the State Board of Education, the State Superintendent, the State Department of Education, and through the State Board of Control, as prescribed by law.

ARTICLE 2 STATE BOARD OF EDUCATION State Board Section 303. COMPOSITION AND ORGANIZATION OF of Education. STATE BOARD.—The State Board of Education shall consist of the Governor, the Secretary of State, the Attorney General, the

C.A. 000140 LAWS OF FLORIDA 745

State Treasurer, and the State Superintendent of Public In- Chap. 19355 struction; of which the Governor shall be the president and the 1939 State Superintendent of Public Instruction shall be secretary and executive officer, as provided in Section 3 of Article XII of the Constitution of Florida. Section 304. MEETING DATES.—On or before July 1 of each year the State Board shall designate and set aside one day each month as a regular meeting day. Special meetings may be held on request of the State Superintendent. Section 305. QUORUM.—Three members of the State Board shall constitute a quorum. No business may be transacted at any meeting unless a quorum is present. Section 306. REGULATIONS AND STANDARDS HAVE FORCE OF LAW.—All rules and regulations and minimum standards adopted or prescribed by the State Board in carrying out the provisions of the School Code shall, if not in conflict therewith, have the full force and effect of law.

Section 307. GENERAL POWERS.—Except as limited in the General Pow- ers of State School Code, the State Board shall have the authority, and Board of when necessary for the more efficient and adequate operation of bld t ion. the State System of Public Education in carrying out the purposes and objectives of the School Code, it shall be the duty of the State Board to exercise the following general powers: (1) Determine Policies.—The State Board shall determine and adopt such policies as are required by law and as in the opinion of the State Board are necessary for the more efficient operation of any phase of public education. (2) ADOPT RULES AND REGULATIONS.—The State Board shall adopt and prescribe all needful rules and regulations for the proper enforcements and carrying out of the provisions of the School Code. (a) PRESCRIBE MINIMUM STANDARDS.—Whenever the establishment of minimum standards will aid in provid- in adequate educational opportunities and facilities, the State Board shall adopt such minimum standards for any phase of education as are considered desirable by it in carrying out the provisions of the School Code. (4) PERFORM DUTIES AND EXERCISE RESPONSIBILI- TIES.—The State Board shall have the power to perform such duties and to exercise such responsibilities as

C.A. 000141 746 LAWS OF FLORIDA

Chap. 19355 assigned to it by law or as it may find necessary for the 1939 improvement of the State System of Public Education in carrying out the purposes and objectives of the School Code. Duties and responsibili- Section 308. DUTIES AND RESPONSIBILITIES.—It shall ties of State be the responsibility of the State Board to exercise all powers Board of Education. and perform all duties prescribed below : (1) HOLD MEETINGS.—To hold meetings as prescribed for the transaction of business relating to the operation of the State System of Public Education. (2) RECORDS TO BE KEPT. To require to be kept by the secretary such records as are necessary to set forth clearly all actions and proceedings of the State Board. (3) ADOPT SEAL.—To adopt a seal to be used in authenti- cating all official Acts. (4) HOLD TITLE TO LANDS HELD FOR INSTITUTIONS UNDER MANAGEMENT AND CONTROL OF STATE BOARD OF CONTROL.—To hold title to all lands and interests in lands had, held, or possessed by or for any or all of the institutions under the management and control of the State Board of Control. (5) ADMINISTER STATE PERMANENT SCHOOL FUND. —To provide for the proper administration of the State Permanent School Fund established by Section 4 of Ar- ticle XII of the Constitution so that the principal shall remain sacred and inviolate, as required by Section 5 of Article XII of the Constitution. (6) CONTROL SCHOOL LANDS.—To obtain possession of, to hold title to, and take general charge, oversight, and management of all lands granted to or held by the State for educational purposes; to fix the terms of sale and policies relating to rental or use of such lands, and to adopt whatever policies may be necessary to preserve them from trespass or injury and to provide for their improvement. (7) INSTITUTIONS UNDER MANAGEMENT AND CON- TROL OF STATE BOARD OF CONTROL.—To exercise such control and supervision over the institutions under the management and control of the State Board of Con- trol as may be deemed proper by said State Board of Education with due regard to the highest interest of education.

C.A. 000142 LAWS OF FLORIDA 747

(8) BIENNIAL BUDGET : ADOPTION OF.—To adopt and Chap. 19355 1939 transmit to the State Budget Commission on official blanks furnished for such purposes on or before Decem- ber 15, biennially, prior to the meeting of the State Leg- islature, estimates of expenditure requirements for the institutions, agencies, and services under the control of the State Board except as otherwise provided in the School Code, for each fiscal year of the ensuing biennium. EDUCATION: TO CONSTITUTE CO- Cooperating (9) VOCATIONAL Board. OPERATING BOARD.—To constitute the State Board for vocational education required by the Acts of Con- gress to cooperate with the Office of Education, United States Department of the Interior, in the administration of all Acts of Congress relating to vocational education and vocational rehabilitation; to have all necessary authority to cooperate with the Office of Education in the administration of these Acts; to administer any legislation pursuant thereto enacted by the State of Florida, and to administer the funds provided by the Federal Government and the State of Florida for the promotion of vocational education in agricultural subjects, trade and industrial subjects, distributive education, home economics subjects, and in vocational rehabilitation; to approve plans for the promotion of vocational education in such subjects as an essential and integral part of the public school system of the State of Florida and to provide for the preparation of teachers in such subjects; to fix the compensation of such officials and assistants as may be necessary to administer the provisions of any Federal Acts relating to these subjects in the State of Florida, and to pay such compensation and other necessary expenses of the administration from funds appropriated for these purposes; to provide for the making of studies and investigations relating to vocational education in such subjects; to promote and aid in the establishment by local communities of schools, departments, or classes; to prescribe qualifications for the teachers and supervisors of such subjects, and to have full authority to provide for the certification of such teachers and supervisors; to cooperate with local communities in the maintenance of schools, departments, or classes or to establish such schools, departments, or classes under its own direction and control; to establish and determine

C.A. 000143 748 LAWS OF FLORIDA

Chap. 19355 by general regulations the qualifications to be possessed 1939 by persons engaged in the training of vocational teachers; and to provide otherwise for the proper conduct of the vocational education and vocational rehabilitation program and for the articulation of this work with other phases of the State program. (10) FEDERAL GOVERNMENT : COOPERATE WITH. T9 approve plans for cooperating with the Federal Govern- ment in carrying out any or all phases of the educational program in which it may find cooperation to be desirable, and to provide for the proper administration of funds which may be appropriated by Congress and apportioned to the State for any or all educational purposes. (11) OTHER AGENCIES : COOPERATE WITIL—To approve plans for cooperating with other agencies, Federal, State, County, and municipal, in the development of regulations and in the enforcement of laws for which the State Board and such agencies are jointly responsi- sibie and to approve plans for cooperating with other appropriate agencies for the improvement of conditions relating to the welfare of schools. (12) STATE BOARD OF CONTROL.—To supervise the work of the State Board of Control as prescribed by law. (13) PROVIDE FOR ADMINISTRATION OF INSTITU- TIONS, AGENCIES, AND SERVICES CONTROLLED BY STATE BOARD. To provide for the proper administration of and to determine policies governing the operation of all institutions, agencies, and services directly under the control of the State Board. (14) APPOINT COMMITTEE MEMBERS.—To appoint with the advice of the State Superintendent such committees and such members of committees as may be required by the School Code or as it may find desirable on the basis of educational needs in the State. Removal (15) REMOVAL FROM OFFICE.—To remove from office for from office. cause any person appointed by the State Board under the provisions of the School Code, and any trustee. Cause for such removal shall be incompetency, immorality, misconduct in office, gross insubordination, or wilful neglect of duty. The charges against any such person shall be made known to him in writing through the State

C.A. 000144 LAWS OF FLORIDA 749

Superintendent, and the person against whom charges Chap. 19355 are preferred shall be given, on not less than ten days' 1939 notice of the time and place of the hearing by the State Board an opportunity to be heard in his own defense in person or by counsel. (16) REVOKE CERTIFICATES.—To revoke for cause the certificate, permit, or license issued to any teacher, or other person certificated or licensed under regulations of the State Board as authorized in the School Code : Provided that such action may be taken only after the the holder of the certificate has been notified in writing through the State Superintendent at least ten days previously of the charge or charges brought against him and of the time and place of the hearing on such charges, and has been given opportunity to be heard in his own defense. (17) TO HEAR. AND DETERMINE CONTROVERSIES.—To advise and counsel with school officials concerning the interpretation and meaning of the School Code and the rules and regulations adopted pursuant thereto; and whenever practicable to adjust amicably and settle such controversies arising thereunder as may be submitted to it by all persons directly concerned. (18) AUTHORIZE FORMS AND REQUIRE REPORTS.—To authorize, approve, and require to be used such forms as are needed to promote uniformity, accuracy, and completeness in executing contracts, keeping records, and making reports, and to require such report., to be made in such manner as may be recommended by the State Superintendent. (19) PROVIDE FOR ENFORCEMENT OF LAWS AND REGULATIONS.—To provide for the proper enforcement of all laws relating to the State System of Public Education and of all regulations or actions of the State Board. (20) PRESCRIBE MINIMUM STANDARDS AND RULES AND REGULATIONS.—To prescribe such minimum standards and rules and regulations as are required by law or as are recommended by the State Superintendent in accordance with the provisions of Article 3, Section 317, Sub-section (20) of this Chapter, and as it may find desirable to aid in carrying out the purposes and objectives of the School Code.

C.A. 000145 750 LAWS OF FLORIDA

Chap. 19355 (21) ADOPT LONG-TIME PROGRAM.—To adopt and use 1939 for guidance in determining policies, regulations, and minimum standards a long-time program for the development of the State System of .Public Education based on special studies and surveys and recommendations submitted by the State Superintendent. (22) COOPERATE WITH STATE SUPERINTENDENT. To cooperate fully with the State Superintendent at all times to the end that the State System of Public Education may be constantly improved. (23) OTHER RESPONSIBILITIES.—To assume such other responsibilities and to exercise such other powers and perform such other duties as may be assigned to it by law or as it may find necessary to aid in carrying out the purposes and objectives of the School Code.

ARTICLE 3 STATE SUPERINTENDENT OF PUBLIC INSTRUCTION State Super- Section 309. SELECTION AND TERM OF OFFICE.—The intendent of Public In- State Superintendent shall be elected for a term of four years, or struction. until the election and qualification of his successor, as provided in Section 2, Article XII of the Constitution. Section 310. QUALIFICATIONS.—The qualifications of the State Superintendent shall be as prescribed by law. Section 311. OATH OF STATE SUPERINTENDENT.—Be- fore entering upon the duties of his office, the State Superinten- dent shall take the oath of office prescribed by law and administered by the Secretary of State. Section 312. BOND OF STATE SUPERINTENDENT.—Be- fore entering upon the duties of his office, the State Superin- tendent shall execute with two good and sufficient sureties approved by the State Board or in a surety company authorized to do business in Florida a bond in the amount of five thousand 'dollars ($5,000.00), the premium for which shall be paid from money appropriated for the operation of the State Department. Section 313. VACANCY IN OFFICE OF STATE SUPERIN- TENDENT HOW FILLED.—Any vacancy in the office of State Superintendent shall be filled by appointment by the Gov- ernor of a person possessing the qualifications prescribed by law, .and the person so appointed shall take and hold such office until his successor shall be duly qualified.

C.A. 000146 LAWS OF FLORIDA 751

Section 314. PLACE OF OFFICE.—The State Superinten- Chap. 19355 1939 dent shall maintain his office in the Capitol of the State. Section 315. MEMBER, SECRETARY, AND EXECUTIVE OFFICER OF STATE BOARD. The State Superintendent shall be a member, shall be the secretary, and shall act as executive officer of the State Board. Section 316. GENERAL POWERS.—The State Superintend- ent shall have the authority, and when necessary for the more efficient and adequate operation of the State System of Public Education in carrying out the purposes and objectives of the School Code, it shall be the duty of the State Superintendent to exercise the following general powers: (1) GENERAL SUPERVISION. To exercise general supervision over the State System of Public Education in order to promote progress, to determine problems and needs, and_ to recommend improvements. (2) ADVISE, COUNSEL, AND RECOMMEND TO TRET STATE BOARD.—To advise and counsel with the State. Board on all matters pertaining to education ; to recom— mend to the State Board for approval such matters a, in his opinion, should be acted upon; and to execute or to provide for the execution of all such measures as are approved. (3) RECOMMEND AND EXECUTE POLICIES. To recommend to the State Board for adoption such policies pertaining to the State System of Public Education as he may consider necessary for its more efficient operation, and, when such policies are adopted by the State Board, to provide for their proper execution. (4) RECOMMEND AND SUPERVISE EXECUTION OF RULES AND REGULATIONS.—To prepare and organize by subjects and submit to the State Board for adoption such rules and regulations as, in his opinion, will contribute to the more orderly operation of any aspect, of public education, and, when such rules and regulations. have been adopted, to see that they are properly executed. (5) RECOMMEND AND PUT INTO EFFECT MINIMUM STANDARDS. From time to time to prepare, organize by subjects, and submit to the State Board for adoption such minimum standards relating to the operation of:

C.A. 000147 752 LAWS OF FLORIDA

Chap. 19355 any phase of the State System of Public Education as, in 1939 his opinion, will aid in assuring more adequate educational opportunities for all, and to see, insofar as practicable, that such minimum standards as are adopted by the State Board are put into effect and are properly observed. (6) ADMINISTER STATE DEPARTMENT.—To organize, staff, and administer the State Department so as to render the maximum service to public education in the State. (7) PERFORM DUTIES AND EXERCISE RESPONSIBILI- TIES.—To perform such duties and exercise such responsibilities as are assigned to hint by law or as may be found necessary by the State Board for the improvement of the State System of Public Education in carrying out the purposes and objectives of the School Code. Duties and Section 317. DUTIES AND RESPONSIBILITIES.—It shall responsibilities of State be the responsibility of the State Superintendent to exercise all Superinten- dent of Pub- powers and perform all duties prescribed below : Provided that lic Instruc- tion. in those fields in which policies are required by law to be approved by the State Board the State Superintendent shall act as the advisor and executive officer of the State Board. (1) MEETINGS OF THE STATE BOARD.—To attend all meetings of the State Board, submit such recommendations and information to the State Board for consideration as he may deem advisable or as may be requested of him by the State Board, to advise and counsel with the State Board regarding these matters, and to call such special meetings of the State Board as he shall deem necessary. (2) KEEP RECORDS.—To keep such records as are necessary to set forth clearly all acts and proceedings of the State Board. These records shall include a minute book giving a chronological record of all proceedings as well as such indices and supplementary records as are necessary to classify and to locate any and all actions. (3) SEAL.—To have a seal for his office, with which, in connection with his own signature, he shall authenticate true copies of decisions, acts, or documents. (4) APPORTION STATE SCHOOL FUNDS.—To apportion all State school funds to the credit of the County Gen- eral School Funds of the respective counties in accord-

C.A. 000148 LAWS OF FLORIDA 753

ante with the provisions of law and of rules and regu- Chap. 19355 lations of the State Board. 1939 ( 5) STATE PERMANENT SCHOOL FUND. To recommend to the State Board policies and steps designed to protect and preserve the principal of the State Perman- ent School Fund and to provide an assured and stable income from the fund, and to execute such policies and actions as are approved. (6) SCHOOL LANDS.—To investigate and submit proposals for sale of all school lands held by the State for educational purposes; to recommend policies for rental, use, or improvement of such lands and for preserving them from trespass or injury; to execute such policies as are approved. (7) INSTITUTIONS UNDER MANAGEMENT AND CON- TROL OF STATE BOARD OF CONTROL.—To make, such recommendations regarding the institutions under the management and control of the State Board of Con- trol as he may deem advisable. (8) BIENNIAL BUDGET: PREPARATION OF.—To prepare for transmission and submission to the State Board, on or before November 15, biennially, prior to the meeting of the State Legislature, estimates of the expenditure requirements for the institutions, agencies, and services under the control of the State Board, except as otherwise provided in the School Code, for each fiscal year of the ensuing biennium. (9) VOCATIONAL EDUCATION.—To act as secretary and executive officer of the State Board in matters pertaining to vocational education and vocational rehabilitation; to recommend to the State Board, and, when approved by the Board, to execute plans for cooperating with the Federal Government for the conduct of the vocational rehabilitation program in the State; to designate such assistants as are necessary to carry out properly the program and plans; to carry into effect such rules and regulations as the State Board may adopt for the promotion of vocational education and vocational rehabilitation in the State; to keep all necessary records and make all required reports, and to provide for the proper articulation of vocational education and vocational re-

C.A. 000149 754 LAWS OF FLORIDA

Chap. 19355 habilitation with all other phases of education in the 1939 State. (10) FEDERAL GOVERNMENT.—To recommend ways and means of cooperating with the Federal Government in carrying out any or all phases of the educational program in which, in his opinion, cooperation is desirable. To recommend policies for administering funds which may be appropriated by Congress and apportioned to the State for any or all educational purposes, and to execute such plans as are approved. (11) OTHER AGENCIES.—To recommend policies and ways and means of cooperating with other agencies, Federal, State, county, and city, for carrying out those phases of the program in which such cooperation is required by law or is deemed by him to be desirable, and to cooperate with such agencies in planning and bringing about improvements in the educational program. (12) STATE BOARD OF CONTROL.—To bring to the attention of the State Board recommendations of the State Board of Control relating to matters which are required to be approved by the State Board. (13) INSTITUTIONS, AGENCIES, AND SERVICES CON- TROLLED BY STATE BOARD.—To recommend policies and regulations and to see that approved policies and regulations relating to the operation of schools, institutions, agencies, and services under the direct control of the State Board are properly carried out. (14) RECOMMEND COMMITTEE MEMBERS.—To recommend to the State Board the personnel of such committees as are authorized by law ; also to recommend to the State Board the establishment and personnel of such committees as may be deemed by him to be desirable in carrying out the purposes and abjectives of the School Code. Duties and (15) REMOVAL FROM OFFICE.—To recommend when he responsibilities of State deems it desirable that the State Board remove from of- Superinten- dent of Pub- fice for cause any person appointed by the State Board lic Instruc- tion, contin- or any other person removable by the State Board; to ued. act for the State Board in notifying any such person of the charges against him and of the date on which the hearing has been scheduled, and to assemble and present to the State Board any evidence that may be available relating to any charges which are filed.

C.A. 000150 LAWS OF FLORIDA 755

(16) ISSUE CERTIFICATES AND LICENSES AND REC- Chap. 19355 OMMEND REVOCATION.—To issue to qualified ap- 1939 plicants in accordance with State Board regulations certificates, permits, and licenses authorized by law, and to recommend to the State Board revocation of any certificate, permit, or license for cause on the basis of evidence assembled and submitted to the State Board. (17) TO HEAR AND DETERMINE CONTROVERSIES.—To advise and counsel concerning the interpretation and meaning of the School Code and the rules and regulations adopted pursuant thereto; and whenever practicable to amicably adjust and settle such controversies arising thereunder as may be submitted to him by all persons directly concerned. (18) FORMS AND REPORTS.—To prepare for approval of the State Board such forms and procedures as are deemed necessary to be used by County Boards, school officials, principals, teachers, and other employees and to assure uniformity, accuracy, and efficiency in the keeping of records, the execution of contracts, the preparation of budgets, and the submission of reports; to furnish at State expense, when deemed advisable by him, those forms which can more economically and efficiently be provided in that manner ; and to notify the County Board of any county for which any report has not been filed in the manner or by the date prescribed by law or by regulations of the State Board that the salary of the County Superintendent must be withheld until the report has been properly filed. (19) LAWS AND REGULATIONS.—To see, insofar as practicable, that all laws and regulations of the State Board relating to education are properly observed and to report to the State Board any violation which he does not succeed in having corrected. (20) MINIMUM STANDARDS AND RULES AND REGU- LATIONS.—To prepare, organize, and recommend to the State Board such minimum standards and rules and regulations in the following fields as are required by law or as he may find necessary to aid in carrying out the purposes and objectives of the School Code; and to execute such standards and rules and regulations as are adopted by the State Board in the following fields: (a) establish-

C.A. 000151 756 LAWS OF FLORIDA

Chap. 19355 ment, organization, and operation of schools, agencies,. 1939 services, and institutions, including the classification or accreditation of parochial, denominational, and private schools; (b) personnel; (c) child welfare; (d) courses of study and instructional aids; (e) transportation; (f) school plant ; (g) finance; (h) records and reports. (21) LONG-TIME PROGRAM.—To assemble all data relative to the preparation of a long-time program for the development of the State System of Public Education, to prepare and propose such a program after consulting with educational and lay leaders, as well as with the State Board, and, from time to time, to make such revisions in the proposed program as he may consider necessary. (22) CONDUCT SPECIAL STUDIES AND SURVEYS.—To conduct in cooperation with County Boards or with other school officials any special studies or surveys which he, may consider desirable as a basis for bringing about improvements in the educational program. (23) RECOMMEND CHANGES AND IMPROVEMENTS IN THE SCHOOL CODE. To draw up and submit to the, Legislature, when he deems it necessary, recommendations. for additional legislation or changes in the School Code,. which recommendations may be in the form of prepared. bills. (24) EXAMINE, ACCREDIT, AND RECOMMEND IM- PROVEMENTS IN SCHOOLS, SCHOOL SYSTEMS,. AND INSTITUTIONS.—To examine the school plant,. personnel, instruction, schools, methods of keeping ac-, counts, records and reports and other aspects of county school systems and educational institutions ; to make recommendations to the proper authorities for needed changes, and improvements; and to classify or accredit schools or. services on the basis of standards and regulations prescribed by the State Board. (25) SECRETARY AND EXECUTIVE OFFICER OF' STATE TEXTBOOK PURCHASING BOARD.—To serve• as secretary and executive officer for the State Textbook Purchasing Board as prescribed in Chapter VII of the. School Code. (26) CALL MEETINGS.—To call at such times and places as.. he may find practicable and desirable conferences or other-

C.A. 000152 LAWS OF FLORIDA 757

meetings on educational matters of County Superintend- Chap. 19355 ents, other county school officials, principals, teachers, or 1939 others connected with the State System of Public Educa- tion, these meetings to be used as the basis for obtaining and imparting information and instructions on the practical workings and problems of the school system and the means of promoting its efficiency and usefulness. (27) PUBLICATIONS. To arrange for the preparation, publication, and distribution of materials relating to the State System of Public Education which will supply information concerning needs, problems, plans, possibilities; also to prepare and publish at least biennially a report giving statistics and other useful information pertaining to the State System of Public Education; to have printed copies of school laws, forms, instruments, instructions and regulations of the State Board and to provide for the distribution of the same under regulations of the State Board. (28) OTHER RESPONSIBILITIES.----To assume such other responsibilities and to perform such other duties as may be assigned to him by law- or as may be deemed by him to be necessary to aid in the more efficient operation of the State System of Public Education in carrying out the purposes and objectives of the School Code.

ARTICLE 4 STATE DEPARTMENT OF EDUCATION

Section 318. STATE DEPARTMENT ESTABLISHED State De- UNDER DIRECTION OF STATE SUPERINTENDENT.—The partment of Educe tion. State Department of Education is hereby created and established to act as an administrative and supervisory agency under the direction of the State Superintendent. The State Superintendent and his staff shall comprise the State Department.

Section 319. FUNCTIONS OF STATE DEPARTMENT.— Functions. The State Department shall be located in the offices of the State Superintendent, shall operate under the direction and control of the State Superintendent and shall assist him in providing professional leadership and guidance, and in carrying out the policies, procedures, and duties authorized by law or by the State Board or found necessary by him to attain the purposes and objectives of the School Code.

C.A. 000153 758 LAWS OF FLORIDA

Chap. 19355 Section 320. ORGANIZATION OF THE STATE DEPART- 1939 MENT.—The State Department shall be organized into such di- Organization. visions, branches, or sections as may be found necessary and desirable by the State Superintendent to perform all proper functions and render maximum services relating to the operation and improvement of the State System of Public Education: Provided that the organization shall be such as to promote coordination of functions and services relating to administrative and financial problems, on the one hand, and to instructional problems, on the other hand.

Section 321. MAINTENANCE OF STATE DEPARTMENT. —Appropriations and other funds available for the maintenance of the State Department shall be expended as provided by law.

Section 322. EMPLOYEES: APPOINTMENT: COMPENSA- TION.--The State Superintendent shall appoint with due regard to qualifications for the duties to be performed, designate the titles, prescribe the duties, determine the compensation, and effect the removal for cause of all employees in the State Department, the total amount of compensation for employees to be subject to the limitations of the appropriations available for the maintenance of the State Department.

Section 323. PUBLICATIONS OF THE STATE DEPART- MENT. In order that all persons concerned may be adequately informe I regarding educational progress, conditions, plans, and needs, the State Superintendent shall authorize publication through the Department of such bulletins, reports, manuals, periodicals, circulars, and notices as he may consider advisable and desirable to promote public education in the State.

CHAPTER IV THE COUNTY SCHOOL SYSTEM ARTICLE 1 GENERAL PROVISIONS

The County Section 401. COUNTY UNIT.—Each county shall constitute a School System. unit for the control, organization, and administration of schools. The special tax school districts within any county, herein referred to as school districts, shall be the subdivisions of said county and of the said county school unit for school purposes.

C.A. 000154 LAWS OF FLORIDA 759

Section 402. SCOPE OF COUNTY SYSTEM.—A county Chap. 19355 school system shall include all public schools, classes, and courses 1939 of instruction and all services and activities directly related to education in that county which are under the direction of the county school officials.

Section 403. CONTROL, ORGANIZATION, ADMINISTRA- Control, organization, TION, AND SUPERVISION. The county school system shall administration and be controlled, organized, administered, and supervised as follows: supervision. (1) COUNTY SYSTEM.—The county school system shall be considered as a part of the State System of Public Edu- cation. All actions of county school officials shall be consistent and in harmony with State laws and with rules and regulations and minimum standards of the State Board. County school officials, however, shall have the authority to provide additional educational opportunities, as desired, which are authorized but not required by law. (2) COUNTY BOARD.—Responsibility for the organization and control of the public schools of the county shall be vested in the County Board, as provided in Article 2 of this Chapter of the School Code. (3) COUNTY SUPERINTENDENT.—Responsibility for the administration of the schools and for the supervision of instruction in the county shall be vested in the County Superintendent as the secretary and executive officer of the County Board, as set forth in Article 3 of this Chapter of the School Code. (4) TRUSTEES.—All schools in any school district which are supported in part from school district funds shall be under the general supervision but not under the control of the trustees of that district, who shall constitute an advisory and limited policy-forming body for the district, as set forth in Article 4 of this Chapter of the School Code. (5) COUNTY SCHOOLS.—Any or all schools in the county for the support of which no school district funds are used may be designated as county schools and if so designated shall not, in any way, be subject to the supervision of trustees of any district. (6) PRINCIPAL OR HEAD OF SCHOOL.—Limited responsibility for the administration of any school or schools

C.A. 000155 760 LAWS OF FLORIDA

Chan. 19355 at a given school center and for the supervision of in- 1939 struction therein shall be delegated to the principal or head of the school or schools as hereinafter set forth.

ARTICLE 2 COUNTY BOARD OF PUBLIC INSTRUCTION

County Section 404. COMPOSITION OF BOARD AND QUALIFI- Board of Public CATIONS OF MEMBERS.—The County Board in all counties Instruction. in which the population according to the 1935 Census of the State o Florida was 80,000 or more shall be composed of five members, and in all counties in which the population was less than 80,000 according to the 1935 Census of the State of Florida the County Board shall be composed of three members. The members of the County Board shall be qualified electors of the county in which they serve, shall be persons of good moral character, o good standing in their respective communities, and shall be known for their integrity, business ability, public spirit, and interest in the promotion of public education. Nothing contained in this Act shall repeal prior to July 1, 1941, any of the provisions of Sub-sections Fourth, Sixth, Tenth, Eleventh, Seven- teenth, Eighteenth and Nineteenth of Section 13 of Chapter 17747, Laws of Florida, Acts o f 1937. Section 405. TERM OF OFFICE.—The term of office of members o I. the County Board in all counties shall be four years except as hereinafter provided. Election Section 406. COUNTY BOARD ELECTION DISTRICTS.— Districts. For the purpose of nominating and electing County Board members, each county shall be divided into County Board Election Districts in the following manner : (1) FIVE-MEMBER BOARD COUNTIES.—In counties in which there is to be a five-member County Board, as prescribed in Section 404 of the School Code, the County Board shall, on or before January 1, 1940, divide the county into five County Board Election Districts to be numbered one to five, inclusive, and number the proposed districts or renumber the existing districts, so as to place in each district, as nearly as practicable, the same number of qualified electors, the lines of said districts to be so drawn as to place each election precinct wholly within one or another of the County Board Elec- tion Districts.

C.A. 000156 LAWS OF FLORIDA 761

(2) THREE-MEMBER BOARD COUNTIES.—In counties Chap. 19355 1939 in which there is to be a three-member County Board, as prescribed in Section 404 of the School Code, the County Board shall, on or before January 1, 1940, divide the county into three County Board Election Districts to be numbered one to three, inclusive, and number the proposed districts or renumber the existing districts, so as to place in each district, as nearly as practicable, the same number of qualified electors, the lines of said districts to be so drawn as to place each election precinct wholly within one or another of the County Board Elec- tion Districts. DESCRIPTION OF DISTRICTS PUBLISHED. When Description (3) of Districts County Board Election Districts have been agreed upon to be published. by the County Board of any county, the description of the districts shal be incorporated in a resolution spread upon the minutes of the County Board, and a copy of the resolution and of the description of the boundaries of the districts, naming the election precincts comprising each County Board Election District, shall be filed with the Clerk of the Circuit Court of the county. A copy of the resolution and of the description of the boundaries of the districts shall also be published at least once in a newspaper published in the county within thirty days after the adoption of the resolution, or, if there be no newspaper published in the county, shall be posted at the county court house door for four weeks thereafter. Section 407. CHANGE IN BOUNDARIES OF COUNTY BOARD ELECTION DISTRICTS.—The County Board of any county may make any changes in the boundaries of any County Board Election District of the county which they deem necessary to meet the requirements prescribed herein at any meeting of the County Board held in January of the year of any general election. Such changes in boundaries shall be shown by resolutions spread upon the minutes of the County Board, shall be recorded in the office of the Clerk of the Circuit Court, and shall be published as required for fixing such County Board Election Districts in the first instance.

Section 408. NOMINATION IN PRMARY ELECTIONS.— Nomination in Primary Each political party holding a primary election shall nominate Elections. one nominee for membership on the County Board from each of

C.A. 000157 762 LAWS OF FLORIDA

Chap.•1935:5 the County Board Election Districts, the nomination from each 1939 County Board Election District to be by vote of the qualified electors of that district, as follows : (1) FIVE-MEMBER BOARD COUNTIES.—In counties where the County Board consist of five members, one person shall be nominated in 1940 from each of the County Board Election Districts numbered 1, 3, and 5 for membership upon such County Board for a term of four years. In such counties, one person shall be nominated in 1942 from each of the County Board Election Districts numbered 2 and 4 for membership upon such County Board for a term of four years : Provided that in counties having a County Board elected or appointed under the provisions of Section 8 of Chapter 17747, Laws of Florida, Acts of 1937, the following procedure shall be observed : In 1940, one person shall be nominated from each of the County Board Election Districts numbered 4 and 5 for a term of four years, and in 1942 one person shall be nominated from each of the County Board Elec- tion Districts numbered 1, 2, and 3 for a term of four years : and Provided, further, that in counties having a three-member board at the time the School Code becomes a law one person shall be nominated in 1940 from each of the County Board Election Districts numbered 1, 3, and 5 for a term of four years and one person shall be nominated from each of the County Board Election Dis- tricts numbered 2 and 4 for a term of two years, and in 1942 one person shall be nominated from each of the County Board Election Districts numbered 2 and 4 for a term of four years. (2) TIIREE-MEMBER BOARD COUNTIES.—In counties where the County Board. consists of three members, one person shall be nominated in 1940 from the County Board Election District numbered 2 for membership on the County Board to serve for a term of four years, and one person shall be nominated in 1940 from each of the County Board Election Districts numbered 1 and 3 in such counties to serve for a term of two years. (3) SUBSEQUENT PRIMARY ELECTIONS.—In all subsequent primary elections members of the County Board shall be nominated alternately from the several County

C.A. 000158 LAWS OF FLORIDA 763

Board Election Districts, as provided herein, for a term Chap. 19355 of four years. 1939

Section 409. ARRANGEMENT OF TERMS.—County Board Arrangement members shall be elected at the general election held in Novem- of terms. ber for overlapping terms of office arranged as follows: Pro- vided that this Section shall not operate to displace or in anywise disturb any present County Board member during the term of office for which he or she was elected or appointed. (1) FIVE-MEMBER BOARD COUNTIES.—In counties where five-member County Boards are to be elected, the terms for which members are elected shall be arranged as follows: At the general election to be held in 1940, three members shall be elected, one from each of the County Board Election Districts numbered 1, 3 and 5, for terms of four years. At the general election to be hell in 1942, two members shall be elected, one from each of the County Board Election Districts numbered 2 and 4, for terms of four years each: Provided that in counties having a County Board elected or appointed under the provisions of Section 8 of Chapter 17747, Laws of Florida, Acts of 1937, the following procedure shall be observed : At the general election to be held in 1940, one person shall be elected from each of the County Board Election Districts numbered 4 and 5 for a term of four years, and at the general election to be held in 1942 one person shall be elected from each of the County Board Election Districts numbered 1, 2, and 3 for a term of four years: and. Provided, further, that in counties having a three member board at the time the School Code becomes a law three members shall be elected in the general election to be held in 1940, one from each of the County Board Election Districts numbered 1, 3, and 5, for terms of four years each, and two persons shall be elected, one from each of the County Board Election Dis- tricts numbered 2 and 4, for terms of two years each, and at the general election to be held in 1942 two persons shall be elected, and one from each of the County Board Election Districts numbered 2 and 4, for terms of four years each. (2) THREE-MEMBER BOARD COUNTIES. In counties in which three-member County Boards are to be elected,

C.A. 000159 764 LAWS OF FLORIDA

Chap. 19355 the terms for which members are elected shall be ar- 1939 ranged as follows: At the general election to be held in 1940, one member shall be elected from the County Board Election District numbered 2 for a term of four years and two memebrs shall be elected, one from each of the County Board Election Districts numbered 1 and 3 for terms of two years each. (3) TERMS AND SUBSEQUENT ELECTIONS.—Successors to the County Board members, elected as prescribed above, shall in all subsequent general election be, in each instance, elected for a term of four years.

County-wide Section 410. ELECTION OF BOARD BY COUNTY-WIDE vote. VOTE.—The election of members of the County Board shall be by vote of the qualified electors of the entire county. Each candidate who qualifies to have his name placed on the ballot of the general election shall be listed according to the County Board Election District in which he resides. Each qualified elector of the county shall be entitled to vote for one candidate from each County Board Election District. The candidate from each County Board Election District who receives the highest number of votes in the general election shall be elected to the County Board.

Section 411. COUNTY BOARD MEMBERS TO REPRESENT ENTIRE COUNTY.—The County Board of each county shall represent the entire county. It shall be the duty of each member of the County Board to serve as the representative of the representative of the entire county, rather than as the representative of any district in the county.

Section 412. BOARD MEMBERS SHALL QUALIFY.—Before entering upon the duties of office after being elected, or, if appointed, within ten days after receiving notice of appointment, each member of the County Board shall take the prescribed oath of office.

Bond. Section 413. BOARD MEMBERS SHALL GIVE BOND.— Before assuming office, each member of the County Board shall give bond for the faithful performance of his duties and for the proper safekeeping or disbursement of any moneys or other property received or held by the County Board for public school purposes, as prescribed in Article 12 of Chapter X of the School Code.

C.A. 000160 LAWS OF FLORIDA 765

Section 414. WHEN NEW MEMBERS SHALL •TAKE OF- Chap. 19355 FICE.—Members elected to the County Board shall take office 1939 on the first Tuesday after the first Monday in January following their election and shall hold office until their successors have been duly elected or appointed and qualified. Section 415. ORGANIZATION OF BOARD.—On the first Organization of Board. Tuesday after the first Monday in January following each general election, the County Board shall organize by electing a chairman, the County Superintendent to act as the ex officio secretary: Provided that if a vacancy should occur in the chairmanship, the County Board shall proceed to elect a chairman at the next ensuing regular or special meeting. At the organization meeting, the County Superintendent shall act as chairman until the organization is completed. The chairman elected for the biennium and the secretary shall then make and sign a copy of the proceedings of organization, including the schedule for regular meetings and the names and addresses of all county school officers, annex their affidavits that the same is a true and correct copy of the original, and the secretary shall file the document within two weeks with the State Superintendent. Section 416. REGULAR. AND SPECIAL MEETINGS.—The Regular and Special County Board shall hold not more than one regular meeting meetings. each month for the transaction of business according to a schedule arranged by the County Board and shall convene in special sessions when called by the County Superintendent or by the County Superintendent on request of the chairman of the County Board or on request of a majority of the members of the County Board Provided that actions taken at special meetings shall have the same force and effect as if taken at a regular meeting: and Provided, further, that in the event the County Superin- tendent should fail to call a special meeting when requested to do so, as prescribed herein, such a meeting may be called by the chairman of the County Board or by a majority of the members of the County Board by giving two days' written notice of the time and purpose of the meeting to all members and to the County Superintendent; in which event the minutes of the meeting shall set forth the facts regarding the procedure in calling the meeting, and the reason therefor, and shall be signed either by the chairman or by a majority of the members of the County Board. Section 417. PLACE OF MEETING.—All regular and special meetings of the County Board shall be held at the county seat

C.A. 000161 766 LAWS OF FLORIDA

Chap. 19355 and in the office of the County Superintendent or in a room con- 1939 venient to that office and regularly designated as the County Board meeting room. Section 418. MAJORITY A QUORUM.—A majority shall constitute a quorum for any meeting of the County Board. No business may be transacted at any meeting unless a quorum is present, except that a minority of the County Board may ad- journ the meeting from time to time until a quorum is present. Section 419. Vacancies: HOW FILLED.—The office of any County Board member shall be vacant when he removes his residence from the County Board Election District from which he was elected. All vacancies on the County Board shall be filled by appointment by the Governor.

Compensation Section 420. COMPENSATION OF MEMBERS OF COUNTY of members. BOARD.—Members of the County Board in each county shall be compensated from the County Current School Fund of the county, as provided by law. Subsistence shall be allowed only for trips without the county, and such subsistence and travel' without the county, when such travel is authorized by law or by regulations of the State Board, shall not exceed the travel and subsistence allowance for employees of the State. Expenditures for tra vel within the county shall be authorized only as prescribed by law. County Board Section 421. to constitute COUNTY BOARD TO CONSTITUTE A COR- a corporation. PORATION.—Each. County Board is constituted a body corporate by the name of "The Board of Public Instruction of County, Florida." In all suits against County Boards, service of process shall be had on the chairman of the County Board, or, if he can not be found, on the County Superintendent as executive officer of the County Board, or, in the absence of the chairman and the County Superintendent, on another member of the County Board. General Section 422. GENERAL POWERS.—It shall be the duty of Powers of County the County Board, after considering recommendations submit- Board. ted by the County Superintendent, to exercise the following general powers: (1) DETERMINE POLICIES.—The County Board shall determine and adopt such policies as are deemed necessary by it for the efficient operation and general improvement of the county school system.

C.A. 000162 LAWS OF FLORIDA 767

(2) ADOPT RULES AND REGULATIONS.—The County Chap. 19355 Board shall adopt such rules and regulations to supple- 1939 ment those prescribed by the State Board as in its opinion will contribute to the more orderly and efficient operation of the county school system. (3) PRESCRIBE MINIMUM STANDARDS.—The County Board shall adopt such minimum standards as are considered desirable by it for improving the county school system. (4) CONTRACT, SUE, AND BE SUED.—The County Board shall constitute the contracting agent for the county school system. It shall have power, when acting as a body, to make contracts, also to sue and be sued in the name of the County Board : Provided that, in any suit, a change in personnel of the County Board shall not abate the suit, which shall proceed as if such change had not taken place. (5) PERFORM DUTIES AND EXERCISE RESPONSI- BILITY. The County Board shall have the power to perform those duties and exercise those responsibilities which are assigned to it by law or by regulations of the State Board and, in addition thereto, those which it may find to be necessary for the improvement of the county school system in carrying out the purposes and objectives of the School Code. Section 423. POWERS AND DUTIES.—It shall be the duty of the County Board acting as a board to exercise all powers and to perform all duties listed below: (1) ORGANIZE.—To organize as a board at the time new members assume office in January of each biennium, as prescribed in Section 415 of the School Code. (2) HOLD MEETINGS.—To hold regular monthly meetings as prescribed by it and special meetings as called by the County Superintendent or as otherwise provided herein for the transaction of business relating to the county school system. (3) —REQUIRE MINUTES AND RECORDS TO BE KEPT.— To require the County Superintendent as secretary to keep such minutes and records as are necessary to set forth clearly all actions and proceedings of the County Board.

C.A. 000163 768 LAWS OF FLORIDA

Chap. 19355 (4) CONTROL PROPERTY.—To retain possession of all 1939 property to which title is now held by the County Board and to obtain possession of and accept and hold under proper title as a body corporate by the name of "The Board of Public Instruction of County, Florida," all property which may at any time be acquired by the County Board for educational purposes in the county ; to manage and dispose of such property to the best interests of education; to contract, sue, receive, purchase, acquire by the institution of condemnation proceedings if necessary, lease, sell, hold, transmit, and convey the title to real and personal property, all contracts to be based on resolutions previously adopted and spread upon the minuates of the County Board; to receive, hold in trust, and administer for the purpose designated, money, real and personal property, or other things of value granted, conveyed, devised, or bequeathed for the benefit of the schools of the county or of any one of them. (5) ADOPT SCHOOL PROGRAM. To authorize the assembling of all data and the making of school surveys essential to the development of a school program for the entire county and to adopt such a program as the basis for operating the schools—one phase of the program to be a long-time program and another phase to constitute the annual program. General pow- (6) ers of County ESTABLISHMENT, ORGANIZATION, AND OPERA- Board relat- TION OF SCHOOLS.—To adopt and provide for the ing to establishment, or- execution of plans for the establishment, organization, ganization and operation and operation of the schools of the county, as follows: of schools. (a) SCHOOLS AND ATTENDANCE AREAS.—To authorize schools to be located and maintained in those communities in the county where they are needed to accommodate as far as practicable and without unnecessary expense all the youth who should be entitled to the facilities of such schools, separate schools to be provided for white and negro children; and to approve the area from which children are to attend each such school, such area to be known as the attendance area for that school; Provided that only under exceptional circumstances as defined under regulations of the State Board may an elemen-

C.A. 000164 LAWS OF FLORIDA 769

tary school be located within four miles of another Chap. 19355 elementary school and a high school within ten miles 1939 of another high school in rural areas for children of the same race. (b) ADEQUATE EDUCATIONAL FACILITIES FOR ALL CHILDREN WITHOUT TUITION.—To see that adequate educational facilities are provided through the uniform system of public schools for all children of school age in the county, these facilities to be provided with due regard to the needs of the children on the one hand and to economy on the other. Insofar as possible, arrangements are to be made for children to attend, without tuition charges to such children on account of district or county lines, those schools offering the facilities needed by the children winch are most readily accessible and which would involve the least cost, regardless of whether those schools are located in another district than that in which the children reside or are located in another county: Provided that nursery schools and kindergartens may be established, as provided by law, and fees for such schools may be prescribed in the discretion of the County Board. (c) ELIMINATION OF SCHOOL CENTERS AND CON- SOLIDATION OF SCHOOLS.—To provide for the elimination of school centers within the county and for the consolidation of schools whenever the needs of pupils can better and more economically he served at other school centers than those which they have been attending; Provided that the elimination of school centers coming under the supervision of trustees of school district shall be subject to the consent of those trustees as hereinafter provided. (d) COOPERATE WITH BOARDS OF ADJOINING COUNTIES IN MAINTAINING SCHOOLS.—To approve plans for cooperating with County Boards of adjoining counties in this State or in adjoining states for establishing school attendance areas composed of territory lying within the counties and for the joint maintenance of county-line schools or other schools which are to serve those attendance areas. The conditions of such cooperation shall be as follows :

C.A. 000165 770 LAWS OF FLORIDA

Chap. 19355 (1) ESTABLISHMENT. The establishment of a 1939 school to serve attendance areas lying in more than one county and the plans for maintaining the school shall be effected by resolutions spread upon the minutes of each County Board concerned, which resolutions shall set out the territorial limits of the areas from which children are to attend the school and the plan to be followed in maintaining and operating the school. (2) CONTROL. Control of the school or schools involved shall be vested in the County Board of the county in which the school or schools are located unless otherwise agreed by the County Boards. (3) SETTLEMENT OF DISAGREEMENTS.—In the event an agreement can not be reached relating to such attendance areas or to the school or schools therein, the matter may be referred jointly by the cooperating County Boards or by either County Board to the State Superintend- ent for decision under regulations of the State Board, and his decision shall be binding on both County Boards. (e) CLASSIFICATION AND STANDARDIZATION OF SCHOOLS.—To adopt plans and regulations for determining those school centers at which work is to be restricted to the elementary grades, school centers at which work is to be offered only in the high school grades, and school centers at which work is to be offered in any or all grades, and in accordance with such plans and regulations to determine the grade or grades in which work is to be offered at each school center ; to approve standards and regulations for classifying and standardizing the various schools of the county on such bases as to furnish incentive for the improvement of all schools. (f) OPENING AND CLOSING OF SCHOOLS : FIXING UNIFORM DATE FOR.—To fix, insofar as possible, a uniform date each year for the opening of all schools under its control, on which date, unless otherwise authorized by the County Board, all schools shall open, in order that the keeping of records, the

C.A. 000166 LAWS OF FLORIDA 771

making of reports, the payment of salaries, and the Chap. 19355 supervision of instruction may be facilitated: Pro- 1939 vided that all schools unless excepted under regulations of the State Board, shall begin so as to close before the last day of June of any year; to fix the closing date for all schools in the county, these dates to be so determined as to assure, as far as practicable, uniform terms for all schools in the county; to adopt regulations for the closing of schools during an emergency and to provide for the payment of salaries of the members of the instructional staff on such occasions. (g) OBSERVANCE OF SCHOOL HOLIDAYS AND VACATION PERIODS.—To approve and designate the school holidays to be observed during the year, except for emergencies Provided that the number of such school holidays shall not exceed a total of one day for each thirty days of the term; to approve the manner of observance of such holidays by the schools of the county; and to approve and designate the school vacation periods. These holidays and vacation periods shall, insofar as practicable, be uniform for all schools of the county. (h) VOCATIONAL CLASSES AND SCHOOLS.—To provide for the establishment and maintenance of vocational schools, departments, or classes, giving instruction of less than college grade in agriculture, trades and industries, distributive education, or in home economics, and to use any moneys raised by public taxation in the same manner as moneys for other school purposes are used for the maintenance and support of public schools or classes of less than college grade. (i) VOCATIONAL REHABILITATION.—To provide for the establishment and maintenance of vocational rehabilitation services for the physically handicapped, consistent with State and Federal laws.

(7) PERSONNEL.—To designate positions to be filled, pre- General Pow- ers of County scribe qualifications for those positions, and to provide Board relat- for the appointment, compensation, promotion, suspen- ing to school personnel. sion, and dismissal of employees as follows, subject to the requirements of Chapter V of the School Code.

C.A. 000167 772 LAWS OF FLORIDA

Chap. 19355 (a) POSITIONS AND QTJALIFTCATIONS.—To act upon 1939 recommendations submitted by the County Superin- tendent for positions to be filled and for minimum qualifications for personnel for the various positions. (b) APPOINTMENT: OTHER TITAN INSTRUCTION- AL STAFF AND OTHER EMPLOYEES IN DIS- TRICT SCHOOLS.—To act on written recommendations submitted by the County Superintendent of persons to act as administrative, supervisory, attendance, or health assistants, his office assistants, and bus drivers, and to appoint persons to fill such positions. (e) APPOINTMENT OF INSTRUCTIONAL STAFF : DISTRICT SCHOOLS. To act not later than six weeks before the close of school during any year on the nomination by the trustees of each school district of district supervising principals or principals and to act not later than four weeks before the close of school during any year on the nomination by the trustees of each school district of all other members of the instructional staff. The County Board shall have the right to reject, but only for good cause, any district supervising principal, principal, or other member of the instructional staff nominated, and, in case the second nomination by the trustees for any such position be rejected, the said County Board shall then proceed on its own motion to fill such position: Provided that, in the event the trustees do not make nominations within the time limits herein- above prescribed, the County Board shall have the right, upon its own motion, to appoint district supervising principals or principals or other members of the instructional staff, as the case may be. (d) APPOINTMENT OF OTHER EMPLOYEES THAN INSTRUCTIONAL STAFF IN DISTRICT SCHOOLS. —To act on the nomination by the trustees of each school district of other employees than members of the instructional staff. The County Board shall have the right to reject, but only for good cause, any employee other than a member of the instructional staff nominated, and in case the second nomination of the trustees for any such position be rejected the said County Board shall then proceed on its own

C.A. 000168 LAWS OF FLORIDA 77:1

motion to fill such position : Provided that, in the Chap. 19355 event the trustees of any district do not make nom- 1939 inations by a reasonable date as prescribed by regulations of the County Board, the County Board shall have the right, upon its own motion, to appoint such other employees than the instructional staff as are needed in that district. (e) APPOINTMENT OF INSTRUCTIONAL STAFF AND OTHER EMPLOYEES IN SCHOOLS OTHER THAN DISTRICT SCHOOLS.—To act not later than six, weeks before the close of school during any year on the nomination by the County Superintendent of supervising principals or principals; to act not later than four weeks before the close of school during any year on the nomination by the County Superin- tendent of all other members of the instructional staff; and to act on the nomination by the County Superintendent of all other employees in such schools. The County Board shall have the right to reject any supervising principal, principal, or other member of the instructional staff, or other employee nominated, and in case the second nomination by the County Superintendent for any position be rejected, the said County Board shall then proceed on its own motion to fill such positions. (f) COMPENSATION AND SALARY SCHEDULES.— To adopt a salary schedule or salary schedules to be used as a basis for paying members of the instructional staff and other school employees, such schedules to be arranged, insofar as practicable, so as to furnish incentive for improvement in training and for continued and efficient service; to fix and authorize the compensation of members of the instructional staff and other school employees on the basis of such schedules. (g) CONTRACTS AND TERMS OF SERVICE.—To provide written contracts for all regular members of the instructional staff. All contracts with members of the instructional staff shall be in accordance with the salary schedule adopted by the County Board and shall be in writing for definite amounts and for definite terms of service and shall specify the number of monthly payments to be made. The County Board

C.A. 000169 774 LAWS OF FLORIDA

Chap. 19355 shall not authorize the payment of any salary to any 1939 member of the instructional staff, except when this provision has been observed. (h) TRANSFER AND PROMOTION.—To act on recommendations of the County Superintendent regarding transfer and promotion of any employee, subject to the provisions of Article 4 of this Chapter of the School Code. (i) SUSPENSION AND DISMISSAL.—To suspend or to dismiss members of the instructional staff and other school employees: Provided that no. administrative assistant, supervisor, principal, teacher, or other member of the instructional staff may be discharged or removed during the term for which he is employed without opportunity to be heard at a public hearing after at least ten days' written notice of the charges against him and of the time and place of hearing: and Provided, further, that the charges must be based on immorality, misconduct in office, incompetency, gross insubordination, wilful neglect of duty, drunkenness, or conviction of any crime involving moral turpitude. Whenever such charges are made against any such employee of the County Board, the County Board may suspend such person without pay, pending a speedy hearing of such charges, but if charges are not sustained he shall be immediately reinstated, and his back salary shall be paid. In cases of suspension by the County Board or by the County Superintendent, the County Board shall hold a public hearing, after notice as above provided, to determine upon the evidence submitted whether the charges have been sustained and, if said charges are sustained, either to dismiss said employee or fix the terms under which said employee may be reinstated. If such charges are sustained and such employee is discharged, his contract of employment is thereby cancelled. General Pow- ers of County (8) CHILD WELFARE.—To provide for the proper account- Boa rd relating for all children of school age, for the attendance and ing to child welfare. control of pupils at school, for proper attention to health, safety, and other matters relating to the welfare of children in the following fields, as prescribed in Chapter VI of the School Code.

C.A. 000170 LAWS OF FLORIDA 775

(a) SCHOOL CENSUS.—To provide for an accurate Chap. 19355 1939 school census of the children of the county as a basis for determining children who should attend school and for enforcing compulsory school attendance laws. (b) ADMISSION, CLASSIFICATION, PROMOTION, AND GRADUATION OF PUPILS.—To adopt rules and regulations for admitting, classifying, promoting, and graduating pupils to or from the various schools of the county. (c) ENFORCEMENT OF ATTENDANCE LAWS.—To provide for the enforcement of all laws and regulations relating to the attendance of pupils at school and for employing such assistants to the County Superintendent as may be needed to enforce effectively these laws. (d) CONTROL OF PUPILS.—To adopt rules and regulations for the control, disciplining, and suspension of pupils and to decide all cases recommended for dismissal. (e) PROVIDE FOR EDUCATION OF SPECIAL GROUPS.—To provide, insofar as practicable, for special facilities for classes for backward, defective, truant, or incorrigible children of school age and for children with unusual ability ; and to provide facilities in the way of day, part-time, or night schools or classes for adolescents and adults, including illiterates and groups needing Americanization and, when desirable and practicable, to provide for the education of children below the first grade level in nursery school or kindergarten classes. (f) HEALTH EXAMINATIONS AND TREATMENTS. —To provide for all children of school age in the county to have periodic physical and dental examinations and, insofar as practicable, to arrange and cooperate with other organizations for the prompt treatment of all pupils who are in need of remedial and preventive treatment : Provided that except in emergencies pupils may be given remedial or preventive treatment only on written consent of the parent.

C.A. 000171 776 LAWS OF FLORIDA

Chap. 19355 (9) COURSES OF STUDY AND OTHER INSTRUCTIONAL 1939 AIDS.—To provide adequate instructional aids for all General Pow- children as follows and in accordance with the require- ers relating to courses ments of Chapter VII of the School Code. of study and instructional (a) COURSES OF STUDY: ADOPTION OF.—To adopt aids. courses of study for use in the schools of the county: Provided that such courses shall comprise materials needed to supplement minimum courses of study prescribed by the State Board for all schools. (b) TEXTBOOKS.—To provide for proper requisition- ing, distribution, accounting, storage, care, and use of all textbooks and other books furnished by the State and to furnish such other textbooks and library books as may be needed. (c) OTHER INSTRUCTIONAL AIDS.—To provide such other teaching accessories and aids as are needed t6 carry out the program. (d) SCHOOL LIBRARIES.—ESTABLISHMENT AND MAINTENANCE OF.—To establish and maintain school libraries or school libraries open to the public and, in addition thereto, such traveling or circulating libraries as may be needed for the proper operation of the county school system. Transporta- (10) TRANSPORTATION OF PUPILS.—To make provision tion of pupils. for the transportation of pupils to the public schools or school activities they are required or expected to attend: to authorize transportation routes arranged efficiently and economically : to provide the necessary transportation facilities, and, when authorized under regulations of the State Board and if more economical to do so, to provide limited subsistence in lieu thereof ; and to adopt the necessary rules and regulations to insure safety, economy, an 1 efficiency in the operation of all busses, as prescribed in Chapter VIII of the School Code. General Pow- (11) SCHOOL PLANT.—To approve plans after considering ers relating to school any recommendations which may have been submitted by plant. the trustees of the districts concerned, for locating, planning, constructing, sanitating, insuring, maintaining, protecting, and condemning school property as prescribed in Chapter IX of the School Code and as follows: (a) SCHOOL BUILDING PROGRAM.—To approve and adopt a county-wide school building program, indi-

C.A. 000172 LAWS OF FLORIDA 777

eating the centers at which school work is to be of- Chap. 19355 fered on the various levels, the type, size, and loca- 1939 tion of schools to be established, and the steps to be taken to carry out the program. This program shall be a part of the long-time program for the county and, insofar as practicable, shall be based on the recommendations of a survey made or approved under the direction of the State Department. (b) SITES, BUILDINGS, AND EQUIPMENT.—To select and purchase school sites, playgrounds, and recreational areas located at centers at which schools are to be constructed and of adequate size to meet the needs of pupils to be accommodated: Provided that the trustees of any district shall have authority to refuse, on the grounds of excessive cost or im- proper location, to approve the proposed purchase of any site, playground, or recreational area for which district funds of that district are to be used; to expand existing sites; to rent buildings when necessary; to erect or contract for the erection of buildings and provide for the proper supervision of construction ; to make or contract for additions, alterations, and repairs on buildings and other school properties; to insure that all plans and specifications for buildings provide adequately for the safety and well-being of pupils, as well as for economy of construction by having such plans and specifications submitted to the State Department for approval; to provide furniture, books, apparatus, and other equipment necessary for the proper conduct of the work of the schools. (c) MAINTENANCE AND UPKEEP OF SCHOOL PLANT.—To provide adequately for the proper maintenance and upkeep of school plants, so that children may attend school without sanitary or physical hazards and to provide for the necessary heat, lights, water, power, and other supplies and utilities necessary for the operation of the schools. (d) INSURANCE OF SCHOOL PROPERTY.—To carry insurance on every school building with its contents and on all school busses and other property under the control of the County Board or title to which

C.A. 000173 778 LAWS OF FLORIDA

Chap. 19355 is vested in the County Board, except as exceptions 1939 may be authorized under regulations of the State Board. (e) CONDEMNATION OF BUILDINGS.—To condemn and prohibit the use for public school purposes of any building which can be shown for sanitary or other reasons to be no longer suitable for such use, and when any building is condemned by any State or other government agency as authorized in Chap- ter IX of the School Code to see that it is no longer used for school purposes. General Pow- ers relating (12) FINANCE.—To take steps to assure children adequate to Finance. educational facilities through the financial procedure authorized in Chapter X of the School Code and as prescribed below: (a) PROVIDE FOR ALL SCHOOLS TO OPERATE AT LEAST EIGHT MONTHS.—To provide for the operation of all public schools, both elementary and secondary, as free schools for a term of at least eight months, or for such longer term as may be adopted by the County Board; to determine county and district current school funds necessary in addition to State funds to operate all schools for such minimum term; to arrange for the levying of county school taxes necessary to provide the amount needed from county sources; and to certify to be included on the ballot of each school district at the regular biennial election of that district the rate of taxes which must be levied in that district in order to provide the district funds necessary to maintain the term herein prescribed, or such higher rate as is recommended by the trustees. (b) ANNUAL BUDGET.—To cause to be prepared, to approve, and to have submitted to the State Super- intendent on or before August 1, as required by law and by regulations of the State Board, the annual school budget, such budget to be so prepared and executed as to promote the improvement of the county school system.

C.A. 000174 LAWS OF FLORIDA 779

vided for under Section 8 of Article XII of the Con- Chap. 19355 stitution, necessary to carry on the school program 1939 adopted for the county for the next ensuing fiscal year as required by law, and fixing the district bond interest and sinking fund tax levy necessary for such district against which bonds are outstanding; to adopt and spread on its minutes a resolution suggesting the tax levies of the various school districts, provided for in Section 10 of Article XII of the Constitution, found necessary to carry on the school program adopted for the various districts of the county for the next ensuing fiscal year, or such higher levies as are recommended by the trustees of the districts as prescribed by law; and to spread upon its minutes a record of the tax levies authorized at the biennial elections held in the various school districts in accordance with law. (d) SCHOOL FUNDS.—To see that, insofar as practicable, an accurate account is kept of all funds which should be transmitted to the County Board for school purposes at various periods during the year from all sources and, if any funds are not transmitted promptly, to take the necessary steps to have such funds made available. (e) BORROW MONEY.—To borrow money, as prescribed in Article 11 of Chapter X of the School Code, when necessary in anticipation of funds reasonably to be expected during the year as shown by the budget. (f) FINANCIAL RECORDS AND ACCOUNTS. To provi'e for the keeping of accurate records of all financial transactions, including records of school or student activity funds on forms prescribed by the State Board and to have these records kept under the various classifications commonly used in school financial acounting; to authorize and compensate such trained assistants to the County Superintendent as may be needed to maintain adequate records. (g) APPROVAL AND PAYMENT OF ACCOUNTS.— To approve and pay monthly all accounts; to keep all payments within the amounts specified in the

C.A. 000175 780 LAWS OF FLORIDA

Chap. 19355 budget, as required by law ; to make available all 1939 records for proper audit by State officials; to have prepared monthly statements showing receipts, balances, and expenditures to date and to require a copy of each such statement to be filed with the State Superintendent as provided by law. (h) BONDS OF EMPLOYEES.—To fix and prescribe the bonds, and to pay the premium on all such bonds, o f all school employees who are responsible for school funds in order to provide reasonable safeguards for all such funds. (i) CONTRACTS FOR MATERIALS, SUPPLIES, AND SERVICES.—To contract for materials, supplies, and services needed for the county school system: Provided that no contract for supplying these needs shall be made with any member of the County Board, with Superintendent, or with any trustee in the county, or with any business organization in which any County Board member, the County Superintendent, or any trustee has any financial interest whatsoever, except that any trustee may submit sealed competitive bids and be awarded a contract as provided by law for the lowest and best bid. County Board (13) SCHOOL DISTRICTS.—To adopt policies needed to pro- to adopt policies re- vide adequate school facilities in the various districts, as lating to school facili- follows: ties in the various districts. (a) CHANGES IN BOUNDARIES.—To approve proposed modifications in boundaries of schol districts to the end that the number of such districts in the county may be reduced to the minimum practicable and that boundaries of school districts may not constitute barriers to the provision of adequate educational facilities for all children; Provided that such proposed changes in boundaries, other than adjust- ments provided by law, shall not become effective unless the proposed districts are approved by the majority of all voting qualified electors in each district concerned at an election held as provided in Article 5 of Chapter X of the School Code.

C.A. 000176 LAWS OF FLORIDA 781

(b) ELECTIONS AND TRUSTEES.—To provide for Chap. 19355 all elections in school districts to be held on a uni- 1939 form date on odd numbered years as hereinafter prescribed and to supervise the holding of such elections, canvass returns, and announce the results. If, after any biennial election in which trustees are elected for any district, a vacancy should occur among the trustees, the County Board shall appoint after consulting with the patrons of the school a qualified person from the district to serve in the position of trustee until the next biennial election.

(c) APPROVAL OF BUDGET AND EXPENDITURE OF DISTRICT FUNDS.—To approve annual budgets recommended by the County Superintendent for the expenditure of funds from the district for the benefit of the public school pupils of the district as hereinafter provided, and to authorize the expenditure of funds within the budget. (d) BONDS.—To approve tentatively, as prescribed hereinafter, the amount of bonds proposed to be issued in any school district ; to arrange for elections to be held as prescribed by law to determine whether the proposed issue of bonds will be approved by the voters of the school district and, if such a bond issue be approved, to arrange as prescribed in Article 6 of Chapter X of the School Code for the sale of bonds in the amount designated and for the proper expenditure of the funds derived therefrom.

(14) RECORDS AND REPORTS.—To provide for the keep- County Board to provide ing of all necessary records and the making of all needed for all neces- or required reports, as follows : sary records and reports. (a) FORMS, BLANKS, AND REPORTS.—To require all members of the instructional staff, attendance assistants, bus drivers, and other employees to keep accurately all records and to make promptly in the proper form all reports required by law or by regulations of the State Board, such records and reports to be kept on forms and blanks provided by the State Board, or, if such forms and blanks are not provided, to prescribe the necessary forms and blanks for these records and reports; to require the keeping of such

C.A. 000177 782 LAWS OF FLORIDA

Chap. 19355 additional records and the making of such additional 1939 reports as may be deemed by the County Board to be necessary to provide data essential for the operation of the school system, and to prescribe such forms and furnish such blanks as may be required -for these records and reports. (b) REPORTS TO THE STATE SUPERINTENDENT. —To see that the County Superintendent prepares all reports to the State Superintendent that may be required by law or by rules and regulations of the State Board, using therefor such forms and blanks as may be prescribed by the State Board: Provided that these reports and such other reports as shall be required or authorized in the School Code shall be the only reports required to be filed with State officials or agencies ; to see that all such reports are promptly transmitted to the State Superintendent ; to withhold the further payment of salary to the County Superintendent when notified by the State Superintendent that he has failed to file any report within the time or in the manner prescribed; and to continue to withhold the salary until the County Board is notified by the State Superintendent that said report has been received and accepted: Provided that, when any report has not been received by the date due and after due notice has been given to the County Board of that fact, the State Superintendent, if he deems it necessary, may require the report to be prepared by a member of his staff, and the County Board shall pay all expenses connected therewith. Any member of the County Board who shall be responsible for the violation of this provision shall be subject to removal by the Governor on complaint filed by the State Superintendent. (15) COOPERATION WITII OTHER AGENCIES.—To cooperate with Federal, State, county, and municipal agencies in the enforcement of laws and regulations pertaining to vocational education, vocational rehabilitation, physical restoration of children and adults, health of pupils, school attendance, child welfare, and other matters relating to education.

C.A. 000178 LAWS OF FLORIDA 783

(16) ENFORCEMENT OF LAW AND RULES AND REGU- Chap. 19355 LATIONS.—To see that all laws and rules and regula- 1939 tions of the State Board or of the County Board are properly enforced. (17) COOPERATE WITH COUNTY SUPERINTENDENT. —To cooperate fully with the County Superintendent at all times to the end that the county school system may constantly be improved. (18) OTHER RESPONSIBILI T ES.—To assume such other responsibilities and to exercise such powers and perform such duties as may be assigned to it by law or as may be required by regulations of the State Board or as, in the opinion of the County Board, are necessary to provide for the more efficient operation of the county school system in carrying out the purposes and objectives of the School Code.

ARTICLE 3

COUNTY SUPERINTENDENT OF PUBLIC INSTRUCTION County Sup- erintendent 424. of Public In- Section ELECTION AND TERM OF OFFICE.—The struction. County Superintendent shall be elected for a term of four years or until the election or appointment and qualification of his successor. Section 425. QUALIFICATIONS.—The qualifications of the County Superintendent shall be as prescribed by law. Section 426. OATH OF COUNTY SUPERINTENDENT.— Before entering upon the duties of his office, the County Super- intendent shall take the oath of office prescribed by the Consti- tution of the State of Florida. Section 427. BOND OF COUNTY SUPERINTENDENT.— Before assuming any duties, the County Superintendent shall execute a bond as prescribed in Article 12 of Chapter X of the School Code. Section 428. VACANCY IN OFFICE OF COUNTY SUPER- INTENDENT : HOW FILLED.—The office of County Superin- tendent in any county shall be vacant when the County Superin- tendent removes his residence from the county. A vacancy from any cause in the office of the County Superintendent shall be filled by the Governor by appointment of a person qualified under the School Code.

C.A. 000179 784 LAWS OF FLORIDA.

Chap. 19355 Section 429. OFFICE OF THE COUNTY SUPERINTEND- 19:39 ENT : WHERE LOCATED : HOW MAINTAINED.—The County Superintendent shall have his office at the county seat. Office space shall be provided and heat and light furnished by the Board of County Commissioners: Provided, however, that in the event such office space as above required is not provided by the Commissioners, the County Board may provide such space as is needed. The office shall be provided with furniture, equipment, telephone, supplies, and other essentials by the County Board. Section 430. COMPENSATION OF THE COUNTY SUPER- INTENDENT OF PUBLIC INSTRUCTION.—The animal salary or the County Superintendent shall be in the amount authorized by law. Section 431. SECRETARY AND EXECUTIVE OFFICER OF THE COUNTY BOARD.—The County Superintendent shall be the secretary and executive officer of the County Board.

General Section 432. GENERAL POWERS.—The County Superin- Powers. tendent shall have the authority, and when necessary for the more efficient and adequate operation of the county school system, it shall be the duty of the County Superintendent to exercise the following powers : (1) GENERAL OVERSIGHT.—To exercise general oversight over the county school system in order to determine problems and needs, and to recommend improvements. (2) ADVISE, COUNSEL, AND RECOMMEND TO COUN- TY BOARD.—To advise and counsel with the County Board on all educational matters and to recommend to the County Board for action such matters as should be acted upon. (3) RECOMMEND POLICIES.—To recommend to the County Board for adoption such policies pertaining to the county school system as he may consider necessary for its more efficient operation. (4) RECOMMEND AND EXECUTE RULES AND REGU- LATIONS.—To prepare and organize by subjects and submit to the County Board l'or adoption such rules and regulations to supplement those adopted by the State Board as, in his opinion, will contribute to the efficient operation of any aspect of education in the county. When

C.A. 000180 LAWS OF FLORIDA 785

rules and regulations have been adopted, the County Su- Chap. 19355 perintendent shall see that they are executed. 1939 (5) RECOMMEND AND EXECUTE MINIMUM STAND- ARDS.—From time to time to prepare, organize by subjects, and submit to the County Board for adoption such minimum standards relating to the operation of any phase of the county school system as are needed to supplement those adopted by the State Board and as will contribute to the efficient operation of any aspect of education in the county: to see that minimum standards adopted by the County Board are observed. (6) PERFORM DUTIES AND EXERCISE RESPONSI- BILITIES.—To perform such duties and exercise such responsibilities as are assigned to him by law and by regulations of the State Board.

Section 433. DUTIES AND RESPONSIBILITIES.—It shall Duties and be the duty of responsibili- the County Superintendent to exercise all powers ties. and perform all duties listed below: Provided that in so doing he shall advise and counsel with the County Board: (1) ASSIST IN ORGANIZATION OF BOARD. To pre- side at the organization meeting of the County Board and to transmit to the State Superintendent, within two weeks following such meeting, a certified copy of the proceedings of organization, including the schedule of regular meetings, and the names and addresses of county school officials. (2) REGULAR AND SPECIAL MEETINGS OF THE BOARD.—To attend all regular meetings of the County Board, to call special meetings when emergencies arise, and to advise but not vote on questions under consideration. (3) RECORDS FOR THE BOARD.—To keep minutes of all official actions and proceedings of the County Board and to keep such other records, including records of property held or disposed of by the County Board, as may be necessary to provide complete information regarding the county school system.

(4) SCHOOL PROPERTY. To act for the County Board Concerning sc hool as custodian of such school property as may be placed in property. his charge by the County Board.

C.A. 000181 786 LAWS OF FLORIDA

Chap. 19355 (a) RECOMMEND PURCHASE AND PLANS FOR 1939 CONTROL.—To recommend to the County Board plans for contracting, receiving, purchasing, acquiring by the institution of condemnation proceedings if necessary, leasing, selling, holding, transmitting, and conveying title to reeal and personal property. (b) PROPERTY HELD IN TRUST.—To recommend to the County Board plans for holding in trust and administering property, real and personal, money, or other things of value, granted, conveyed, devised, or bequeathed for the benefit of the schools of the county or of any one of them. Relating to SCHOOL PROGRAM : PREPARE LONG-TIME AND school (5) program. ANNUAL PLANS FOR—To supervise the assembling of data and to sponsor studies and surveys essential to the development of a planned school program for the entire county ; to prepare and recommend such a program to the County Board as the basis for operating the county school system. One phase of this program shall be a long-time program, and another phase shall constitute the annual program. The long-time program shall be concerned with the location and development of elementary, high, and special schools, school buildings, transportation, personnel, instruction, and other educational features involving the interest and welfare of the children and citizens of the County over a period of years. The annual program shall be concerned with the budget, sites to be purchased, buildings to be constructed, transportation routes, personnel, instruction, and all other phases of the school program for any particular school year, which shall be developed, insofar as possible, in harmony and con- formity with the long-time program. Duties of (6) ESTABLISHMENT, ORGANIZATION, AND OPERA- County Sup- erintendent TION OF SCHOOLS, CLASSES, AND SERVICES.—To relating to operation recommend the establishment, organization, and opera- of schools. tion of such schools, classes, and services as are needed to provide adequate educational opportunities for all children in the county, including: (a) SCHOOLS AND ATTENDANCE AREAS.--To recommend the location of schools needed to accommodate the pupils of the county and the area from

C.A. 000182 LAWS OF FLORIDA 787

which children should attend each school: Provided Chap. 19355 that the recommendations affecting district schools 1939 shall first be submitted to the trustees of the respective school districts as hereinafter provided. (b) RECOMMEND ADEQUATE FACILITIES FOR ALL CHILDREN.—To recommend plans and procedure necessary to provide adequate educational facilities for all children of the county. (c) ELIMINATION OF SCHOOL CENTERS AND CONSOLIDATION OF SCHOOLS.—To determine when the needs of pupils can better be served by eliminating school centers and by consolidating schools ; to recommend to the County Board plans for the elimination of such school centers as should be eliminated and for the consolidation of such schools as should be consolidated: Provided that plans proposing the elimination of centers in school districts shall be subject to the approval of the trustees of that district before being submitted to the County Board as hereinafter provided. (d) COOPERATION WITH OTHER COUNTIES IN MAINTAINING SCHOOLS.—To recommend plans and procedures for cooperating with County Boards of adjoining counties, in this state or in bordering states, in establishing school attendance areas composed of territory lying within the counties and for the joint maintenance of county line or other schools which should serve such attendance areas, and to carry out such plans and administer such schools for which his county is to be responsible under any agreement which is effected. (e) CLASSFICATION AND STANDARDIZATION OF SCHOOLS.—To recommend plans and regulations for determining those school centers at which work should be restricted to the elementary grades, school centers at which work should be offered only in the high school grades, and school centers at which work should be restricted to the elementary grades, school mend the grade or grades in which work should be offered at each school center ; to recommend bases for classifying and standardizing the various schools of

C.A. 000183 788 LAWS OF FLORIDA

Chap. 19355 the county in order to provide proper incentive for 1939 the improvement of all schools. (r) OPENING AND CLOSING DATES OF SCHOOLS. —To recommend and arrange for a uniform date each year for the opening of all schools in the county, unless other dates shall be found necessary and desirable; to recommend and arrange the closing dates for all schools in the County, these dates to be so determined as to assure, as far as practicable, uniform terms for all schools in the county. To recommend regulations for the closing of any or all schools during an emergency and when emergencies arise to close any or all schools in the county and immediately notify the County Board of the action taken and the reason therefor. (g) SCHOOL HOLIDAYS AND VACATION PER- IODS. To recommend school holidays to be observed and the manner of such observance by the schools and to see that such holidays as are approved by the County Board are properly observed; also to recommend school vacation periods. (h) VOCATIONAL CLASSES AND SCHOOLS.—To recommend plans for the establishment and maintenance of vocational schools, departments, or classes, giving instruction of less than college grade in agriculture, trades and industries, distributive education, or in home economics, and to administer and supervise instruction in such schools, departments, or classes as are established by the County Board. (i) VOCATIONAL REHABILITATION.—To recommend plans for the establishment and maintenance of vocational rehabilitation services for the physically handicapped, consistent with State and Federal laws, and to administer and supervise such services. Duties of PERSONNEL.—To be responsible, as required herein, County Sup- (7) erintendent for directing the work of the personnel, subject to the relating to school requirements of Chapter V of the School Code and in personnel. addition he shall have the following duties: (a) POSITIONS AND QUALIFICATIONS.—To recommend to the County Board duties and responsibilities which need to be performed and positions which need

C.A. 000184 LAWS OF FLORIDA 789

to be filled to make possible the development of an Chap. 19355 adequate school program in the county and to recom- 1939 mend minimum qualifications of personnel for these various positions. (b) ASSISTANTS AND BUS DRIVERS.—To recommend in writing to the County Board persons to act as administrative, supervisory, attendance, or health assistants, his office assistants, and bus drivers. (c) DISTRICT SUPERVISING PRINCIPALS OR PRINCIPALS OF DISTRICT SCHOOLS.—To submit to the trustees of each school district his recommendation of a person to fill the position of district supervising principal or principal of each district school. (d) MEMBERS OF THE INSTRUCTIONAL STAFF OF DISTRICT SCHOOLS.—To confer with the district supervising principals or principals and with trustees with reference to the persons who shall be nominated by the trustees as members of the instructional staff (other than principal) of district schools. (e) PERSONELL FOR NON-DISTRICT SCHOOLS.— To submit to the County Board his nominations of persons as instructional staff and other employees for schools other than district schools. (f) COMPENSATION AND SALARY SCHEDULES.— To prepare and recommend to the County Board for adoption a salary schedule or salary schedules to he used as the basis for paying members of the instructional staff and other school employees arranging such schedules, insofar as practicable so as to furnish incentive for improvement in training and for continued and efficient service. (g) CONTRACTS AND TERMS OF SERVICE.—To recommend to the County Board terms for contracting with employees and to prepare such contracts as are approved : Provided that contracts with the members of the instructional staff are to be prepared, recommended, and executed as hereinbef ore prescribed. (h) TRANSFER AND PROMOTION.—To recommend employees for transfer and to transfer any employee during any emergency and report the transfer to the

C.A. 000185 790 LAWS OF FLORIDA

Chap. 19355 County Board at its next regular meeting: Pro- 1939 vided that, if the school to which the transfer is to be made is a district school and is located in another district from the one in which the employee was previously serving, the consent of the trustees shall be obtained, as provided herein, before the transfer is made; and to recommend capable employees for promotion and advancement. (i) SUSPENSION AND DISMISSAL.—To suspend members of the instructional staff and other school employees during emergencies for a period of not to exceed ten school days, to notify the County Board immediately of such suspension, and when authorized to do so to serve notice on the suspended member of the instructional staff of the charges made against him and of the date of hearing: to recommend employees for dismissal under the terms prescribed herein. (j) DIRECT WORK OF EMPLOYEES AND SUPER- VISE INSTRUCTION.—To direct or arrange for the proper direction and improvement, under regulations of the County Board, of the work of all members of the instructiontal staff and other employees of the county school system ; to supervise or arrange under regulations the County Board for the supervision of instruction in the county and to take such steps as are necessary to bring about continuous improvement. Duties of CHILD County Sup- (8) WELFARE.—To recommend plans to the County erintendent Board for the proper accounting for all children of school relating to child welfare. age, -for the attendance and control of pupils at school, for the proper attention to health, safety, and other matters which will best promote the welfare of children in the following fields, as prescribed in Chapter VI of the School Code: (a) SCHOOL CENSUS.—To keep an accurate census of the children of the county and to make such reports thereon as may be required. (b) ADMISSION, CLASSIFICATION, PROMOTION AND GRADUATION OF PUPILS.—To recommend rules and regulations for admitting, classifying, prn-

C.A. 000186 LAWS OF FLORIDA 791

moting, and graduating pupils to or from the various Chap. 19355 schools of the county. 1939 (c) ENFORCEMENT OF ATTENDANCE LAWS.—To recommend plans and procedures for the enforcement of all laws and regulations relating to the attendance of pupils at school and for the employment of such qualified assistants as may be needed by him to enforce effectively those laws. (d) CONTROL OF PUPILS.—To propose rules and regulations for the proper control, discipline and suspension of pupils and to review recommendations for suspension of pupils and transmit to the County Board for action recommendations for dismissal of pupils. (e) EDUCATIONAL FACILITIES FOR SPECIAL GROUPS.—To recommend plans and procedure for special facilities or classes for backward, defective, truant, or incorrigible children of school age, and for children with unusual ability; and to recommend facilities in the way of day, part-time, or night schools or classes for adolescents and adults, including illiterates and groups needing Americanization, as well as for children below the first grade level. (f) HEALTH EXAMINATION AND TREATMENTS.-- To recommend plans and supervise arrangements so that all children in the county may have periodic physical and dental examinations and to arrange, insofar as practicable, for prompt treatment of all pupils in need of remedial and preventive treatment ; Provided that except in emergencies pupils may be given remedial or preventive treatment only on written consent of the parent.

(9) COURSES OF STUDY AND OTHER INSTRUCTIONAL Duties of County Sup- AIDS.—To recommend such plans for improving, provid- erintendent relating to ing, distributing, accounting for, and caring for text- courses of books and other instructional aids as will result in gen- study and instructional eral improvement of the county school system, as lads. prescribed in Chapter VII of the School Code and including the following : (a) COURSES OF STUDY.—To prepare and recommend for adoption, after consultation with teachers and

C.A. 000187 792 LAWS OF FLORIDA

Chap. 19355 principals and after considering any suggestions 1939 which may have been submitted by trustees or patrons of the schools, courses of study for use in the schools of the county needed to supplement those prescribed by the State Board. (b) TEXTBOOKS. To see that all textbooks and library books furnished by the State and needed in the county are properly requisitioned, distributed, accounted for, stored, cared for, and used ; and to recommend such additional textbooks or library books as may be needed. (c) OTHER INSTRUCTIONAL AIDS.—To recommend plans for providing and to facilitate the provision and proper use of such other teaching accessories and aids as are needed. (d) SCHOOL LIBRARIES : ESTABLISHMENT AND MAINTENANCE OF.—To recommend plans for establishing and maintaining school libraries, or school libraries open to the public, and, in addition thereto, such circulating or traveling libraries as are needed for the proper operation of the county school system,

Transports- (10) TRANSPORTATION OF PUPILS.—To ascertain which tion of Pupils. pupils should be transported to school or to school activities; to determine the most effective arrangement of transportation routes to accommodate these pupils; to recommend such routing to the County Board; to recommend after considering any recommendations which may have been submitted by the trustees of the districts concerned, plans and procedures for providing facilities for the economical and safe transportation of pupils; to recommend such rules and regulations as may be necessary and to see that all rules and regulations relating to the transportation of pupils approved by the County Board, as well as regulations of the State Board, are properly carried into effect, as prescribed in Chapter VIII of the School Code. Duties of (11) SCHOOL PLANT.—To recommend plans, after consider- County Sup- erintendent ing any recommendations which may have been submitted relating to school plant. by trustees of the districts concerned, and to execute such plans as are approved regarding all phases of the

C.A. 000188 LAWS OF FLORIDA 793 school plant program, as prescribed in Chapter IX of Chap. 19355 1939 the School Code and including the following: (a) SCHOOL BUILDING PROGRAM.—To recommend plans and procedures for having a survey made under the direction of the State Department, or by some agency approved by the State Department, as a basis for developing a county-wide school building program as a phase of the long-time program for the county ; to recommend such a program when sufficient evidence is available, specifying the centers at which school work should be offered on the various levels, the type, size, and location of schools to be established, and the steps to be taken to carry out the program. (b) SITES, BUILDINGS, AND EQUIPMENT.—To recommend the purchasing of school sites, playgrounds, and recreational areas located at centers at which schools are to be constructed and of adequate size to meet the need of pupils to be accommodated ; or of additions to existing sites when needed ; to recommend the rental of buildings when necessary; to recommend the erection of buildings; to recommend additions, alterations, and repairs to buildings and other school properties; to insure that all plans and specifications for buildings provide adequately for the safety of pupils as well as for economy of construction by submitting such plans and specifications to the State Superintendent for approval; to recommend the purchasing of furniture, books, apparatus, and other equipment necessary for the proper conduct of the work of the schools. (c) MAINTENANCE AND UPKEEP OF THE SCHOOL PLANT.—To propose plans for assuring proper maintenance and upkeep of the school plant and for the provision of the utilities and supplies and for the operation of the schools ; and when the plans are approved by the County Board to take such steps as are necessary to see that buildings are kept in proper sanitary and physical condition and that heat, lights, water, and power and other supplies and utilities are adequate.

C.A. 000189 794 LAWS OF FLORIDA

Chap. 19355 (d) INSURANCE OF SCHOOL PROPERTY.—To pro- 1939 pose plans and procedures for insuring economically every plant and its contents, as well as school busses and other property, under the control of the County Board and to see that the proper records are kept of such insurance. (e) CONDEMNATION OF BUILDINGS.—To inspect periodically all school buildings and surroundings to determine whether there are any insanitary conditions or whether there are physical hazards which are likely to jeopardize the health or life of the pupils or instructional staff; to request competent assistance from the State or other authorized agency, if necessary to determine whether buildings found to be defective should be condemned and to recommend to the County Board condemnation of buildings which should be abandoned. Duties of (12) FINANCE.—To recommend measures to the County County Sup- erintendent Board to assure adequate educational facilities through- relating to school out the county, in accordance with the financial pro- finance. cedure authorized in Chapter X of the School Code as prescribed below: (a) PLAN FOR OPERATING ALL SCHOOLS AT LEAST EIGHT MONTHS.—To determine and recommend county and district funds necessary in addition to State funds to provide for at least an eight months' term for all schools, or such longer term as shall be authorized by the County Board, and to recommend plans for insuring the operation of all schools for the term authorized by the County Board. (b) ANNUAL BUDGET.—To prepare the annual school budget to be submitted to the County Board for approval according to law ; to submit this budget, when approved by the County Board, to the State Super- intendent on or before August 1 of each year, on forms required under regulations of the State Board : Provided that the tentative budget for each school district shall be open to examination and approval by the trustees of that district, as hereinafter provided, before such budget is included in the county budget for submission to the County Board.

C.A. 000190 LAWS OF FLORIDA 795

(c) TAX LEVIES. To recommend to the County Board Chap. 19355 on the basis of the needs shown by the budget the 1939 amount of county school tax levy necessary to provide the county current school funds needed for the maintenance of the public schools of such county for at least an eight months' term or for such longer term as may be established by the County Board; to recommend to the County Board the tax levy required on the basis of the needs shown in the budget for the district bond interest and sinking fund of each district ; and to recommend to the County Board to be included on the ballot at each biennial election prescribed by the law the school district tax levies necessary to carry on the school program for the eight months' term or such longer term as shall be approved by the County Board: Provided that if a higher levy is recommended by the trustees for any school district such higher levy shall be recommended to the County Board instead. (d) SCHOOL FUNDS.—To keep an accurate account of all funds which should be transmitted to the County Board for school purposes at various periods during the year and to see, insofar as possible, that these funds are transmitted promptly ; to report promptly to the County Board any delinquencies or delays that occur in making available any funds that should be made available for school purposes. (e) BORROWING MONEY.—To recommend when necessary the borrowing of money as prescribed by law. (f) FINANCIAL RECORDS AND ACCOUNTING.—To keep or have kept accurate records of all financial transactions on forms prescribed by the State Board. (g) PAYROLLS AND ACCOUNTS.—To prepare, at least monthly, payrolls and statements of accounts due to be paid by the County Board ; to certify these statements as correct and complete and to recommend them to the County Board for payment ; to prepare monthly statements showing receipts, balances, and disbursements to date, a copy of such monthly statements to be filed with the State Superintendent. A copy of the monthly statement for the district cur-

C.A. 000191 796 LAWS OF FLORIDA

Chap. 19355 rent school funds of any district shall be furnished 1939 to trustees of that district upon their request. (h) BONDS FOR EMPLOYEES.—To recommend the bonds of all school employees who should be bonded in order to provide reasonable safeguards for all school funds. (i) CONTRACTS. To recommend to the County Board the desirable terms, conditions, and specifications for contracts for supplies, materials, or services to be rendered ; to see that materials, supplies, or services are provided according to contract. Duties of County Sup- (13) SCHOOL DISTRICTS.—To recommend plans and pro- erintendent for improving the facilities in the various relating to cedures school school facili- school districts, in eluding changes of boundaries where ties in various districts. found desirable and other steps to provide adequate school facilities as follows: (a) CHANGES IN BOUNDARIES. To propose and recommend to the County Board modifications in boundaries of school districts to the end that the number of such districts in the county may be reduced to the minimum practicable and that such boundaries may not constitute barriers to the provision of adequate educational facilities for all children. (b) ELECTIONS.—To recommend plans and procedures for holding and supervising all elections in school districts. (c) BUDGETS AND EXPENDITURES.—To prepare, after consulting with the principals of the various schools and with trustees concerned, tentative annual budgets for the expenditure of funds of each school district for the benefit of public school pupils of the district : Provided that such budget shall not be submitted to the County Board for adoption until the trustees have had opportunity to examine and approve such budgets as hereinafter provided. (d) BONDS.—To recommend the amounts of bonds to be issued in any school district and to assist in the preparation of the necessary papers for an election to determine whether the proposed bond issue will be approved by the voters: if such bond issue be ap-

C.A. 000192 LAWS OF FLORIDA 797

proved by the voters, to recommend plans for the Chap. 19355 1939 sale of bonds and for the proper expenditure of the funds derived therefrom.

(14) RECORDS AND REPORTS.—To recommend such Duties of County Sup- records as should be kept in addition to those prescribed erintendent relating to by regulations of the State Board or by the State Super- records and intendent; to prepare forms for keeping such records as reports. are approved by the County Board; to see that such records are properly kept, and to make all reports that are needed or required, as follows: (a) FORMS, BLANKS, AND REPORTS.—To see that all members of the administrative and instructional staff, attendance assistants, bus drivers, and other employees keep accurately all records and make promptly in proper form all reports required by the School Code or by regulations of the State Board, such records and reports to be kept on forms and blanks authorized by the State Board and provided by the State Superintendent, or, if such forms and blanks are not provided, to prepare necessary forms and blanks for these records and reports; to recommend the keeping of such additional records and the making of such additional reports as may be deemed necessary to provide data essential for the operation of the school system, and to prepare such forms and blanks as may be required and to see that these records and reports are properly prepared. (b) REPORTS TO THE STATE SUPERINTENDENT. —To prepare for the approval of the County Board all reports that may be required by law or by rules and regulations of the State Board to be made to the State Superintendent, using therefor such forms and blanks as may be prescribed by the State Board, and to transmit promptly all such reports, when approved, to the State Superintendent, as required by law: Provided that if any such reports are not transmitted at the time and in the manner prescribed by law or by State Board regulations the salary of the County Superintendent shall be withheld until such report has been properly submitted. Unless

C.A. 000193 798 LAWS OF FLORIDA

Chap. 19355 otherwise provided by regulations of the State Board, 1939 the annual report on attendance and personnel shall be due on or before July 1, and the annual school budget and the report on finance shall be due on or before August 1 of each year. Duty to co- (15) COOPERATION WITH OTHER operate with AGENCIES.—To other recommend plans for cooperating with and on the basis agencies. of approved plans to cooperate with Federal. State, county, and municipal agencies ill the enforcement of laws and regulations pertaining to vocational education, vocational rehabilitation, physical restoration of children and adults, health of pupils, school attendance, child welfare, and other matters relating to education. (16) ENFORCEMENT OF LAWS AND REGULATIONS.— to see, insofar as practicable, that all laws and regulations of the State Board, as well as supplementary regulations of the County Board, are properly observed; to. report to the County Board any violation which he does. not succeed in having corrected. (17) COOPERATE WITH COUNTY BOARD.—To cooperate with the County Board in every manner practicable to the end that the county school system may contiuously be improved. Duty to visit (18) VISITATION OF SCHOOLS.—To visit the schools; to schools. observe the management and instruction; to give suggestions for improvement; and to advise with trustees, supervisors, principals, teachers, patrons, and other citizens with the view of promoting interest in education and improving the school conditions of the county. (19) CONFERENCES, INSTITUTES, AND STUDY COURSES.—To call and conduct institutes and confer-. ences with supervisors, principals, teachers, attendance assistants, janitors, bus drivers, trustees, patrons, and other interested citizens; to organize and direct study and extension courses for teachers, advising them as to their professional studies; to assist patrons and people generally in acquiring knowledge of the aims, services, and needs of the schools. (20) PROFESSIONAL AND GENERAL IMPROVEMENT.— To attend such conferences for superintendents as may be called or scheduled by the State Superintendent and

C.A. 000194 LAWS OF FLORIDA 799

to avail himself of means of professional and general Chap. 19355 improvement so that he may function most efficiently. 1939 (21) RECOMMEND REVOKING CERTIFICATES.—To recommend in writing to the State Superintendent the revoking of any certificate for good cause, including a full statement of the reason for his recommendation. (22) MAKE RECORDS AVAILABLE TO SUCCESSOR.—To leave with the County Board and make available to his successor upon retiring from office a complete inventory of school equipment and other property, together with all official records and such other records as may be needed in supervising instruction and in administering the county school system. (23) OTHER DUTIES AND RESPONSIBILITIES.—To perform such other duties as may be assigned to him by law or by regulations of the State Board.

ARTICLE 4 SPECIAL TAX SCHOOL DISTRICTS

Section 434. ORGANIZATION OF SCHOOL DISTRICTS.— Special Tax School Any part of a county or of an incorporated town or city within Districts a county which has not been organized as a school district may be organized as a school district, and school districts may be re-organized or consolidated in the manner prescribed in Article 5 of Chapter X of the School Code. Section 435. SCHOOLS UNDER CONTROL OF COUNTY BOARD AND COUNTY SUPERINTENDENT. All public schools conducted within school districts, for the support of which school district funds are used, shall be under the direction and control of the County Board with the County Superintendent as executive officer and shall be subject to the same laws and rules and regulations as are prescribed for the conduct for all schools in the county, except as hereinafter provided. Section 436. SCHOOLS UNDER GENERAL SUPERVISION OF TRUSTEES.—Whenever a school district is created and trustees are elected, they shall have the general supervision of all public schools in the district for the support of which school district funds are used. The powers of the trustees shall not be those of control but of general supervision only, as hereinafter provided.

C.A. 000195 800 LAWS OF FLORIDA

Chap. 19355 Section 437. ORGANIZATION AND TERM OF TRUSTEES. 1939 —Trustees for any school district shall consist of three members Organization who are qualified electors in the district and who are elected bi- and term of Trustees ennially for two-year terms by vote of the qualified electors of the district. New members shall take office on the first Tuesday after the first Monday in January following their election. The trustees shall meet and select one member as chairman at any time during the month of January after a biennial election is held. Biennial Section 438. BIENNIAL ELECTION AT TIME OF BIEN- election of Trustees NIAL SCHOOL ELECTION.—The biennial election for trustees of any school district shall be held the first Tuesday after the first Monday in November of odd-numbered years, at which time the school district tax levy is to be voted on as set forth in Chap- ter X of the School Code. Provided that in counties in which another election is scheduled by law to be held on that date, the County Board may prescribe another date on which the biennial school district election shall be held, such date to be within six weeks of the date herein prescribed. The first biennial election for trustees shall be held on the first Tuesday after the first Mon- day in Novmber of 1939, at which time trustees shall be elected for a term of two years or for the part of such term which remains after the term of trustees holding office at the time of that election expires : Provided that in districts in which a biennial election has been held within six months preceding the date pro- scribed above the first biennial election may be held, in the discretion of the County Board, on the regular biennial school district election date in 1941. This Section shall not affect the term of office of any trustee holding office at the time of the passage of the School Code. Section 439. PROCEDURE FOR CONDUCTING BIENNIAL SCHOOL DISTRICT ELECTIONS.—The manner and method for conducting the biennial school district elections shall be as prescribed in Article 5 of Chapter X of the School Code. Section 440. VACANCY IN OFFICE OF TRUSTEE.—The position of trustee shall be considered to be vacant in any school district when any person holding the office of trustee removes his residence from the district.

Removal of Section 441. REMOVAL OF TRUSTEES.—Any trustee fail- Trustees . ing to discharge the duties of his position may be removed by

C.A. 000196 LAWS OF FLORIDA 801 the State Board after ten days' written notice to such trustee as Chap. 19355 provided in Chapter III of the School Code. 1.9T)

Section 442. GENERAL POWERS.—The powers of the trus- General powers of tees shall be supervisory in nature and not administrative or Trustees controlling powers. The general supervisory powers of trustees shall be as follows: (1) CONSULT WITH PATRONS, TEACHERS, AND PRIN- CIPALS. The trustees of any school district shall consult with patrons, teachers, or principals regarding all matters relating to the welfare of the schools of the district, in order to determine the progress and needs of those schools. They shall, however, have no authority over instructional matters except in an advisory capacity. (2) ADVISE WITH COUNTY SCHOOL OFFICIALS. The trustees shall advise with the County Superintendent an - t County Board and make recommendations with respect to the general welfare and needs of the schools of the district.

Section 443. SPECIFIC POWERS AND RESPONSIBILI- Specific powers and TIES.—The specific powers of the trustees, which shall be exer- responsibili- ties of cised by the trustees of any district only when acting as a body, Trustees shall be the following: (1) NOMINATION OF DISTRICT SUPERVISING PRIN- CIPALS OR PRINCIPALS.—To consider the recommendations of the County Superintendent regarding all persons to be nominated by them for district supervising principals or principals of all district schools and to make nominations for such positions to the County Board : Provided that all nominations for reappointment of district supervising principals or principals shall be submitted to the County Board at least eight weeks before the close of school. (2) NOMINATION OF OTHER MEMBERS OF THE IN- STRUCTIONAL STAFF AND OTHER PERSONNEL.— To consider recommendations of the district supervising principal or the principals of the schools in the district and the County Superintendent regarding the nomination of teachers and other members of the instructional staff and other personnel to serve in the district schools and to make nominations for such positions to the County

C.A. 000197 802 LAWS OF FLORIDA

Chap. 19= Board: Providing that all nominations for reappoint- 1939 ment of members of the instructional staff shall be submitted to the County Board at least six weeks before the close of school. If any nomination is rejected for good cause as herein prescribed, the trustees shall, after considering recommendations of the district supervising principal or the principals of the schools in the district and the County Superintendent, submit a second nomination for such position to the County Board. (3) RECOMMEND DISMISSAL OF MEMBERS OF THE INSTRUCTIONAL STAFF.—To file with the County Board written charges against any member of the instructional staff whom they may recommend for dismissal for cause. (4) ELIMINATION OF SCHOOL CENTERS AND CON- SOLIDATION OF SCHOOLS.—To advise with the County Board and County Superintendent regarding school centers within the district which should be eliminated and schools which should be consolidated. No school center in a school district shall be eliminated and no school shall be consolidated with another school in the same or in any other district unless the recommendations shall have originated with the trustees or shall have been submitted to them by the County Superintendent for consideration and approved by them; except that when any elementary school in which the average daily attendance during the previous year was less than thirty pupils, or any junior, senior, or four-year high school in which the average daily attendance during the preceding year was less than seventy-five pupils, and which can conveniently and economically be combined with another school, is recommended by the County Superin- tendent for elimination, the trustees of the district shall either give their consent to the elimination of the school or show cause why the elimination should not be effected, and the matter shall then be referred by the County Su- perintendent to the County Board for final decision. (5) DISTRICT CURRENT SCHOOL FUND BUDGET.—To examine and approve as prescribed in Chapter X of the School Code the annual budget prepared by the County Superintendent for the schools of the district before it

C.A. 000198 LAWS OF FLORIDA 803

is submitted to the County Board, in order to determine Chap. 19355 whether district funds are being used for the benefit of 1939 the schools of the district, and to refuse to approve the budget unless the funds are to be used in that manner; to advise and recommend changes in the budget when considered desirable and to specify in the budget for what purposes any funds raised from district tax levies over and above the minimum certified by the County Board as necessary to support the term which has been adopted for the county shall be spent. (6) RECOMMEND TAX LEVIES.—To recommend to the County Board for inclusion on the ballot at each biennial election the tax rate approved by the trustees for carrying on the school program in the district : Provided that such rate is higher than the rate certified by the County Board as necessary to aid in maintaining the term which was adopted for the county by the County Board. (7) MANAGE LOCAL SCHOOL FUNDS.—To be responsible for the management, handling, and proper expenditure of local school funds derived from school entertain- ments, school athletic contests, school cafeterias, and from. similar local school sources when conducted as school projects under the direction of the school trustees : Provided that all such accounts shall be kept in accordance with regulations prescribed by the State Board and by the County Board and shall be audited at least once each year as prescribed by regulations of the County Board. (8) DISTRICT CURRENT SCHOOL FUNDS.—To recommend to the County Board such expenditures from the district current school fund as they may consider necessary : Provided that trustees or principals, subject to regulations of the County Board and as prescribed in Article 9 of Chapter X, may requisition such equipment, supplies, and services as may be needed for the schools of the district, and may be authorized by the County Board to make emergency purchases. (9) BOND ISSUES.—To recommend to the County Board the disposition of any surplus remaining from the sale of school district bonds after the purpose and object for which said bonds were issued shall have been carried out, and, in school districts located wholly or partially in cit--

C.A. 000199 804 LAWS OF FLORIDA

Chap. 19355 ies of 25,000 population or more according to the last 1939 Federal census, to initiate, when deemed by them to be desirable, the proposition of issuing school bonds as prescribed in Chapter X of the School Code. (10) SCHOOL BUILDINGS, GROUNDS, AND EQUIPMENT. —To have general supervision of the buildings, grounds, equipment, and other property of the schools of the district and to recommend to the County Superintendent or to the County Board at an official meeting such repairs and alterations as may be considered necessary : Provided that trustees, subject to regulations of the County Board. may be authorized to make minor and emergency repairs: and, Provided further, that, when the title to property in the district is held by the trustees at the time the School Code becomes a law, the County Board shall delegate to the trustees of, such district responsibility for using district current school funds of the district within limits set by the budget to maintain buildings and other property in the district in a state of good sanitation and repair and for keeping such property properly insured. (11) USE OF PROPERTY FOR OTHER PURPOSES.—To permit the use of the school buildings and grounds of the district for civic, social, recreation and community purposes: Provided, however, that such use does not interfere with the school program nor materially increase the maintenance cost of the property.

CHAPTER V PERSONNEL ARTICLE 1 GENERAL PROVISIONS

Personnel Section 501. TERMINOLOGY. As used in this Chapter the term "Personnel" refers to the County Superintendent and to any person employed by the County Board and comprises the following: (1) ADMINISTRATIVE PERSONNEL. as defined in Chap- ter 1 of the School Code. (2) INSTRUCTIONAL PERSONNEL.—as defined in Chap- ter 1 of the School Code.

C.A. 000200

* * *

C.A. 000201 The Florida tate onstitution

Sec nd Edition

Talbot D'Alemberte

THE OXFORD COMMENTARIES ON THE STATE CONSTITUTIONS OF THE UNITED STATES G. Alan Tarr, Series Editor

UNIVERSITY PRESS

C.A. 000202 UNIVERSITY PRESS Oxford University Press is a department of the University of Oxford. It furthers the University's objective of trademark of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered To Pat Oxford University Press in the UK and certain other countries. Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America.

First Edition published in 1991 by Greenwood Press Republished in 2011 by Oxford University Press

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by license, or under terms agreed with the appropriate reproduction rights organization. Inquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above. You must not circulate this work in any other form and you must impose this same condition on any acquirer.

Library of Congress Cataloging-in-Publication Data Names: D'Alemberte, Talbot, author. Florida. Constitution (1968) Title: The Florida state constitution / Talbot D'Alemberte. Description: Second edition. I New York: Oxford University Press, 2017. Series: The Oxford commentaries on the state constitutions of the United States I Includes bibliographical references and index. Identifiers: LCCN 2016028726 I ISBN 9780190464066 ((hardback) : alk. paper) Subjects: LCSH: Constitutions—Florida. I Constitutional law—Florida. Classification: LCC KFF401 1968.A6 D348 2016 I DDC 342.75902—dc23 LC record available at https://lccn.loc.gov/2016028726

Printed by Bridgeport National Bindery, Inc., United States of America

Note to Readers This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is based upon sources believed to be accurate and reliable and is intended to be current as of the time it was written. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. Also, to confirm that the information has not been affected or changed by recent developments, traditional legal research techniques should be used, including checking primary sources where appropriate.

(Based on the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations.)

You may order this or any other Oxford University Press publication by visiting the Oxford University Press website at www.oup.com.

C.A. 000203 When we think aboutoconstitutional law and the territory we now know as the State of Florida, it is not a simple task to answer the question, "How many constitutions have applied in Florida?" Part of the problem arises from terminology, and part from Florida's unique history Our count of constitutions might begin with the Spanish Constitution of 1812, a somewhat liberal measure for its day that was in force only shortly before it was discarded by Bonapartist Spain. Still, the monument in Constitution Square in St. Augustine reminds us that, during that time, the Spanish Constitution applied in Florida. Then, as a territory of the United States, Florida was subject to the provisions of the Constitution of the United States. When it became a state in 1845, the constitution drafted in 1838 and approved by the voters became the Florida Constitution. In 1861, Florida became the third state to secede, and the constitution of that year accomplished that disunion. During the Civil War, the Constitution of the Confederate States also applied in Florida. The 1865 Constitution, adopted shortly after the end of the Civil War, counts unless it is not tallied because it was never accepted by Congress. The 1868 Constitution was accepted and remained in place until the adoption of the 1885 Constitution. Depending on what terminology we accept, that is the end of our count. The massive changes adopted in 1968 are formally known as the "Revision of 1968," but many people, recognizing that this was such a significant departure

C.A. 000204 4 THE FLORIDA STATE CONSTITUTION from the much amended 1885 Constitution, refer to the Revision as the "1968 Constitution" even though that revision did not include one of the most important articles—the judicial article, which was finally revised in 1972. It is not altogether surprising that Florida, with more methods for amending its constitution than any other state, has continued to amend the document that provides the basis of government in the state. This makes for a fascinating study and one that must continue over time; this volume is issued by Oxford Press as a major revision to a book published in 1991. In addition to the normal course of constitutional litigation that continues to illuminate the text of the Constitution, Florida has seen changes in its constitution through proposals from the 1998 Constitution Revision Commission, the 2008 Tax and Budget Reform Commission, and multiple proposals from the legislature and from the citizen initiative process.

MI THE BEGINNING OF THE TERRITORY

In 1821, Spain ceded the last of the southeast region on the North American continent to the United States in what is frequently referred to as the purchase of Florida from Spain, but it is not clear that Spain ever received any payment except the separation from this troubled and troublesome possession. The territory ceded was the remainder of the two Floridas—East Florida, largely intact with its old city of St. Augustine, and now-truncated West Florida, with Pensacola as its westernmost city. West Florida, which extended at one time to what is now Louisiana, was smaller after the Louisiana Purchase, and smaller yet after President James Madison's rather imaginative construction of that transaction—an interpretation whose logic could not be denied once it was backed by American troops and secured by settlers. Madison's action effectively expanded the territorial rights acquired under the Louisiana Purchase and took from the Spanish the western area of West Florida, which had extended to the north and west of New Orleans, leaving the new western border of Spanish West Florida at the Perdido River, just west of Pensacola. To understand what was left of Florida after the previous treaties, we need only to understand the western and northern borders. It was bordered on the west by the Perdido River and on the north by a ragged line that approximates the thirty-first parallel and touches the Atlantic Ocean just north of Jacksonville. The other boundaries were natural—rivers, the waters of the Gulf of Mexico, and the South Atlantic. Add the offshore islands and the chain of keys stretching down from the east coast of South Florida and wrapping around the southern seashore of mainland Florida, extending through Key West and to Dry Tortugas, and we have today's State of Florida. This territory had been handed back-and-forth among the superpowers of that day as a minor chip in various international negotiations, but no power had

C.A. 000205 THE HISTORY OF THE FLORIDA CONSTITUTION E,

done much to subdue it. Indeed, the absence of civilization was the very reason that the United States pressured Spain to cede the area, which had become a haven for runaway slaves and marauding Indians. It was difficult for a European power to populate, garrison, and supply the land, and it probably did not seem worth much effort. Certainly, Spain, faced with great demands and a diminishing enthusiasm for risky colonial ventures, did not have much at stake. To the United States, expansion into Florida was logical enough, fairly easy, and, to some leaders, a wise strategic move. On the eve of the War of 1812, President James Monroe feared that the English would seize Florida ports, and, indeed, Pensacola was briefly occupied by the British. Congress vacillated and passed up several opportunities to support military adventures by "Patriots," men who saw themselves as liberators of the territory and whose motivations were much more power and wealth than patriotism.' These "private" military efforts may have been encouraged by U.S. officials but were not supported once placed in action. After the War of 1812, several incidents involving such problems as an armed band of runaways and Indian skirmishes increased tensions over Spanish failure to guarantee safe navigation and to control the renegade forces in its territory. Spain ultimately relented in 1821, and Florida came into the Union as a territory.

THE TERRITORIAL STRUCTURE

The early legal structure of the Florida territory was interesting, for the substantive law was derived from both the common-law tradition (which, with its many procedural guarantees, controlled the criminal law) and the civil law of Spain (which covered title to land). Government, including the courts, was controlled by the federal government, which, by statute, provided for the government of the territory. Andrew Jackson, who figured so prominently in earlier military action in Florida, was appointed to receive the territory, occupy the land, govern, and set up a territorial government. He had sweeping powers. He organized the area into a single territory with two large counties: St. Johns (East of the Suwannee River) and Escambia (to the West). In each county, there were to be at least ten justices of the peace, and five of those would serve as the county court with legal and administrative duties, a system derived from British forms of governance.

1 One of these adventurers even proclaimed a constitution in 1812 while Florida was still a Spanish possession. I do not include that in our catalog of Florida constitutions.

C.A. 000206 0 THE FLORIDA STATE CONSTITUTION

Municipal government in the two towns—Pensacola and St. Augustine— continued to use the Spanish form of local government with a mayor and alder- men. Even the title used for the office of mayor was taken from the French and Spanish: "Intendant." In 1822, Congress passed legislation that provided for the governance of Florida. As the historian Charlton Tebeau describes this legislation, it was in the pattern of territorial government set up in the Northwest Ordinance of 1787, and it provided for "orderly political steps toward greater self- government and eventual statehood as population increased. In the first stage, the act provided for a Governor, a Secretary, a thirteen-man legislative council, judges appointed by the President, and a delegate to Congress . . . with no voting power."2 The territorial council initially alternated the location of its meetings between Pensacola and St. Augustine, but the long distance resulted in time-consuming and hazardous travel and demonstrated that a central capital was necessary. Tallahassee was selected in 1824. The appointive system for the legislative branch changed in 1838 after Congress provided for a two-house legislature with a twenty-six-member House of Representatives and an eleven-member Senate. It was also in 1838 that the constitutional process began in the territory. A vote held in 1837 on the issue of statehood resulted in the following results:

For Against West Florida (west of Apalachicola River) 732 324 Middle Florida (between the Apalachicola and Suwannee 1,152 226 rivers) East Florida (to the East of the Suwannee River) 255 614 2,139 1,164

The constitutional convention, held in St. Joseph (now Port St. Joe), began in 1838 and ended in 1839, a time when public debate was focused largely on the important issues of Jacksonian Democracy: populism and the questions surrounding the national bank. The fifty-six delegates under the chairmanship of Robert Raymond Reid generated a great deal of debate between pro-bank interests favoring tight money, and the debtor interests, including most farmers. Not much attention was paid to the issues that are now thought of as the fundamental constitutional questions, such as the extent of executive powers, separation of powers, and judicial review.

2 CHARLTON W. TEBEAU, A HISTORY OF FLORIDA 121 (1st ed. 1971).

C.A. 000207 THE HISTORY OF THE FLORIDA CONSTITUTION 7

Le— The delegates represented a population that was sharply divided on the ques- der- tion of whether statehood was a good idea; even the pro-statehood forces were and divided between those who favored one state and those who believed that the territory should be divided into two states (along the lines of the division of the e of area into an East Florida and a West Florida). Around Pensacola, there was con- was siderable sentiment to see the territory annexed to existing states, particularly rice Alabama. ;elf- Florida's first constitution, referred to as the Constitution of 1838, was age, adopted in 1839 by a narrow vote: 2,065 to 1,961. At that time, the state was largely undeveloped territory, with most inhabitants living in the area between vot- St. Augustine and Pensacola.

•een El THE CONSTITUTION OF 1838 ling • ary. The general plan of government adopted in the 1838 Constitution was consistent with the accepted theories of the day: division of powers into three branches fter of government, with the legislative branch divided into two houses. The docu- ,use ment begins with a Declaration of Rights and this language: That the great and essential principles of liberty and free government, may be recognized and established, we declare: Ping That all freemen, when they form a social compact, are equal; and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty; of acquiring, possessing and protecting property and reputation; and of pursuing their own happiness. The modern reader recoils from the inclusion of the word freemen as a limitation on the rights of citizens, but it is unlikely that much thought was given to the contradiction between the ideals of freedom and the acceptance of slavery. Indeed, there may not have been much original thought in the document. As one of Florida's leading historians states, "Constitution making was actually a rather simple process. The constitutions of other southern frontier states, gan especially Alabama, provided models."3 Comparison of the two constitutions on demonstrates that their construction was very much parallel. There are many ;ur- passages that are identical; only in a few places does the Florida Constitution ) of address subjects that are not treated in the earlier Alabama document. ter- Slavery was very definitely accepted by the Framers of this Constitution and Jot protected by constitutional limitations on legislative action. The legislature was en- forbidden from passing any law that would emancipate slaves or prevent owners ion from bringing slaves to Florida (except for such reason as criminal conduct).

Id. at 126.

C.A. 000208 8 m THE FLORIDA STATE CONSTITUTION

And it was expressly empowered to enact laws designed to prevent even free Negroes and other persons of color from entering the state. The Constitution of 1838 was the basic charter of the state when the state entered the Union in 1845. The governor was limited to a four-year term, and the terms of legislators were set at one year for House members and two years for senators. The strong sentiment for separation of church and state and the Jacksonian antipathy toward banks were reflected in the disqualification for executive or legislative offices of any preacher of the gospel and any president, director, cashier, or other officer of any banking company. Bankers were prohibited from election until one year after leaving a banking position. The interest in banks is also indicated by the rather lengthy fourteen-section article, "Banks and Other Corporations," which appears in the Florida Constitution. This is original in the Florida Constitution, the result of considerable debate, which can be better appreciated when we understand that there were three state-chartered banks with bonds guaranteed by the state. Failure of all these banks would have cast a debt burden of almost $4 million on the territory, a considerable sum in the sparsely populated state of fewer than 50,000 people, over 20,000 of which were slaves.`

FLORIDA BECOMES A STATE

The period between the adoption of the 1838 Constitution and the admission of Florida to full status as a state in 1845 was marked by continuing debate about the wisdom of becoming a state, and the issue languished in Congress. The Legislative Council in Florida vacillated considerably, at times adopting resolutions cast in strident terms demanding admission and, at other times, urging Congress to delay action on statehood. Leadership for statehood came from David Levy (later changed his name to David Yulee)5 who argued that the southern forces in the Congress needed Florida votes, that Florida would grow and prosper when it became a state, and that the burdens of government would be greatly eased by the federal grant of public lands to state control, which would accompany statehood. The dynamics of national politics destined Florida's admission as a slave state paired with the more populous Iowa, a free state.

4 Adjusting for inflation, one might consider that $4 million in 1838 to be worth roughly $80 billion in today's (2015) dollars—more than the current Florida State Budget. Morgan Friedman, Inflation Calculator, WESTEGG, http://www.westegg.com/inflation/ (last visited Jan. 4, 2016). 5 He is the only person to have both a Florida town and a county named for him: the town of Yulee, and Levy County.

C.A. 000209 THE HISTORY OF THE FLORIDA CONSTITUTION

THE CONSTITUTION OF 1861

Florida remained in the Union only sixteen years until secession and the adoption of a new allegiance. With it came the Constitution of 1861, which is, in most respects, a mere copying of the 1838 Constitution with language changes to reflect the displacement of the United States by the Confederacy as the national government. Among minimal changes were the following: The governor's term was shortened to two years,' and the prohibitions on bankers and ministers of the gospel were dropped. The militia article was recast to eliminate the constitutional requirement that officers be elected. One interesting constitutional episode in this period occurred after the constitutional convention called to approve and ratify secession. This convention had adjourned sine die, subject to the call of the president of the Confederate States. When the newly elected governor, John Milton, feared that Florida would be unprotected and balked at having the state militia turned over to the new central government, the convention sprang to life, ordering that the state militia be abolished. Governor Milton's challenge to the convention's authority did not succeed, but the convention's further efforts to control the executive through appointment of a four-person executive council to share wartime executive power with the governor were frustrated. The council first went along with Governor Milton and then was itself abolished by the General Assembly elected in 1862. The conduct ofthe war brought increasing powers to the new Confederacy, and those who had railed at the despotism of the federal government in Washington were soon faced with the irony of a central government in Richmond, in whose name conscription of men and confiscation of goods was exercised. There were no major Civil War battles in Florida, and much of the state's territory, including Pensacola, Jacksonville, Apalachicola, Key West, and St. Augustine, was under federal dominion during much of the war. At the end of the war, there was no longer a Confederate States of America, and a new constitution was again necessary.

M THE CONSTITUTION OF 1865

The end of the Civil War occasioned a new constitution, the Constitution of 1865, drafted and adopted before the full impact of Reconstruction. Although it was in effect for only slightly more than two years, it is very revealing about the attitude of the white Floridians, who still held the dominant political power. The election for the convention that drafted this constitution took place without any right to vote being conferred on the newly freed black citizens, and many traces

'As the first election was set for four years after the adoption of the Constitution, the two-year term provision never went into effect.

C.A. 000210 10 E THE FLORIDA STATE CONSTITUTION

of a slave society remain in the document. The Declaration of Rights still refers to the rights of "freemen," and the article that addresses suffrage begins with the phrase "every free white male person." The outcome of the Civil War is acknowledged by the general provisions arti- -\• cle (not the Declaration of Rights), which states the obvious: "Whereas, slavery has been destroyed in this State by the Government of the United States; therefore, neither slavery nor involuntary servitude shall in future exist in this State." Other provisions of this article indicate the crabbed view taken by the drafters: "colored persons were made competent witnesses" in criminal proceedings "founded upon injury to a colored person" and competent in "all cases affecting the rights and remedies of colored persons," but the Constitution made all blacks incompetent as witnesses in all other cases unless future legislation provided that competency. Jurors were to be selected only from white males. The cavalier disregard for the rights of the new freemen, particularly the failure to provide for the right to vote, was contrary to the advice of the provisional governor appointed by President Andrew Johnson, who warned that the new government might not be recognized. He was correct. Congress became dissatisfied with the course of government in the Southern states, and the movement toward Radical Reconstruction developed rapidly. In 1867, a newly elected Congress acted to return most of the South to military rule and took other steps to transform the governments of the Confederate States.

N THE CONSTITUTION OF 1868

The Constitution of 1868 was a product of the turbulent times that accompanied the second military occupation. The events surrounding the constitutional convention of 1868 gives a sense of this period. The election of forty-six delegates to the convention resulted in a clear majority of forty-three Republicans. But that fact obscures the reality, for there were three quite distinct groups of Republicans. Two groups were organized largely with black support but under • different leadership (centered around the organizations known as the Lincoln Brotherhood and the Loyal League of America), and the third was a group of Unionists who came to be known as scalawags. When the faction associated with the radical Loyal League first dominated the convention, a group of more moderate members absented themselves and claimed to have destroyed the quorum. The group remaining decided to go ahead with the business of the convention, under the theory that there remained a majority of those who had credentials. Early on their agenda was a vote for their own pay (ten dollars per day and forty cents per mile for travel), the suspension of collection of taxes, and release of those imprisoned for not paying fines. The division between those who first controlled the convention and those who left seemed significant in that the group that first took control had cam- paigned based on "more radical promises . . . talking of confiscating and dividing

C.A. 000211 THE HISTORY OP THE FLORIDA CONSTITUTION

property of ex-Confederates, and encouraging more defiant attitudes toward the white man's war."7 The actual proposals of the two groups did not differ greatly except on the issue of apportionment, where the radicals would rely on population. Those who had left the convention then returned to seize the convention hall. They had an arguable claim to a bare majority, and this claim was ultimately recognized by military authority. Thus, the less radical elements of the Republican Party wrote the Constitution. The 1868 Constitution provided for a four-year term for the governor (who would be ineligible for re-election) and vast appointment power for the gover- e nor, including the state cabinet and even county officers. The salaries of officials n were set in the Constitution at a level generous for that time. This constitution also forbade extension of state credit to any company chartered by the general - assembly. al Several of the new provisions introduced principles that continue into the w. modern document. The Constitution required a system of public schools. The homestead exemption, which protected the homestead of a debtor from forced .n sale, was introduced, and taxes were required to be uniform. [n The 1868 Constitution displaced the language that limited the rights of free- le men, but women were still not enfranchised.

ri RECONSTRUCTION

The dramatic events of the convention presaged the chaos of the Reconstruction :a- era. Harrison Reed, the first governor to serve under the new constitution, Ial dodged four impeachment attempts and was frequently at odds with members el- of his own party. The general assembly appropriated money but refused to raise as. taxes, leaving the state to rely on treasury warrants and bonds. of, This period was marked by considerable violence and election fraud. By the ler early 1870s, the Democrats (or Conservatives) were returning to power, and the Dln Republicans, still divided by factionalism, began to lose power. of The end of Reconstruction came in 1876 with the disputed national Hayes- Pith Tilden election. The close vote-count in Florida played a significant role. The od- results were contested; ultimately, the South accepted the report of an election xm. decision favoring Hayes as president in exchange for a return of home rule for on, the Southern states. ,als. This period ended with characteristic excitement when Republican Marcellus )rty Stearns refused to recognize the victory of Democrat George Drew and refused e of to surrender the governor's office even after a court order, an issue resolved when the armed citizens favoring Drew outnumbered those who favored Stearns. lose am- ling 7 TEBEAU, supra note 2, at 248.

X46116.1.P.M..Z.,d* C.A. 000212 12 THE FLORIDA STATE CONSTITUTION

Historian Charlton Tebeau places this period in perspective in this summary: The transition from Republican to Democratic political control was not as sharp as it has commonly been described. Republican control was never absolute and never meant Negro control. Sharp factionalism among the Republicans weakened them. Moderate Republican leadership controlled the state government from 1870 to 1877, and it was Republican in name only.' Tebeau is undoubtedly correct from the long range of history, but to the political leaders of the time, the end of Reconstruction was a momentous event—a purging of loathsome military rule and an occasion for a new constitution.

N THE CONSTITUTION OF 1885

To this point, each step in the constitutional process introduced some elements that endure to this day but it is fair to say that in many areas, the significant features of the Florida Constitution derive from two periods: the post-Reconstruction era, which led to the adoption of the 1885 document; and the post-reapportionment era, which brought about the 1968 Revision. By 1885, the state had been freed from Reconstruction, which one wag referred to as the "peace which passeth all understanding," a time greatly resented by the white Southern voters who made up a majority of the electorate. Given the resentment stemming from defeat in the Civil War and the postwar military occupation, there is little chance that the carpetbagger government would have been popular had it been competent and honest. It was neither, and the citizens who drafted the 1885 Constitution were eager to set up checks on abuses observed during Reconstruction. The path they took was that of dividing power. The 1868 Constitution had centralized considerable power in the governor, and this executive power was now fragmented. An elected cabinet and elected county officials displaced the broad appointment power given to the governor in the "carpetbag constitution." This unique feature of Florida government, the plural executive, has remained a feature of the Florida Constitution since the 1885 Constitution—a feature voters find acceptable even though it puzzles political scientists. In most other respects, the Constitution of 1885 appears to be very close to that of Alabama, the first Southern state to escape the Reconstruction era and the state that provided the model for Florida's original 1838 Constitution.

'A 1885-1968: THE EVER-CHANGING CONSTITUTION

In the long period from 1885 until the revision of the Constitution in 1968, there was no general revision of the constitution, but there were a large number

8 Id. at 274.

C.A. 000213 THE HISTORY OF THE FLORIDA CONSTITUTION 13

of changes. During this time, 211 amendments were proposed, and 147 of these were adopted. In every decade separating the 1885 Constitution and the 1968 Revision, there were at least ten amendments adopted, and, at times, the amendment effort became particularly frenzied. In 1966, twelve amendments were offered and adopted. By far the most amended article of the Constitution was the judicial article. Much of this activity related to the relatively trivial questions of branch court- houses and the duties of various officers, a response to the great detail that limited the development of the judicial system as the state grew from a sparsely populated and somewhat remote region to the ninth-largest state in 1968. The state supreme court grew from three to six justices in 1902, and the seventh was added in 1940 (in 1932 the voters had rejected a seventh justice). Another attempt to respond to the crisis in appellate caseload was made in 1952 with an unsuccessful proposal to increase the supreme court from seven to ten members. The trial courts accommodated growth in two ways. First, an amendment adopted in 1934 limiting the number of circuit judges to no more than one per 50,000 in population or major fraction thereof was construed by the court to require a circuit judge to be added for each such increment in population. This did not provide enough judges to handle the problems in many of the counties, and new courts were created at the trial level. This led to a confusing maze of trial courts, varying in number and jurisdiction from county-to-county. By 1956, the judicial article contained fifty-four sections, which were reorga- nized in a new article approved by the voters. This new article eliminated much of the contradiction in the lengthy judicial article, reducing it to twenty-six sections and making several important substantive changes. In the 1956 amendment, a new system of appellate courts came into being with the creation of the district courts of appeal and the elimination of the "division system" under which part of the Supreme Court of Florida would hear cases. This amendment also gave specific constitutional recognition to the Supreme Court's authority to adopt rules of procedure for the courts, an authority that might be regarded as essentially a legislative power. The taxation provisions were also frequently amended during this period, with most amendments designed to limit the taxing power. In 1930, a prohibition on income taxes was added to the Constitution, and the taxation of motor vehicles was limited to the license tax. In 1934, during the Depression years, the voters approved a homestead exemption from taxation in the amount of $5,000, and in 1944 they lowered the permissible intangible tax from five to two mills. The restrictions on taxes were accompanied by a more liberal attitude toward bonding, and the very strict provisions relating to public indebtedness were changed piecemeal. Another major movement during this period related to local government. Concern with home rule for cities and counties is evident in several of the amendments and, toward the end of this era, the development of "consolidated,"

C.A. 000214 14 ai THE FLORIDA STATE CONSTITUTION or charter, government in Dade and Duval counties through which local governments gained more authority over local affairs, freeing them from dependence on the state legislature. Toward the end of this period, there were two major movements: for reapportionment of the state legislature and for revision of the state constitution. The first sought to bring equity to legislative apportionment, but proposed amendments to the Constitution to bring full reapportionment were not successful, and amendments that would have provided for substantial reapportionment were defeated at the polls. The state courts were reluctant to interfere with this subject, declaring it a political question and refusing to adjudicate. It is hardly surprising that the legislature was not eager to change the plan of apportionment under which its members were elected and despite the determined efforts of Governor Leroy Collins to get the legislature to approve an equitable plan, the issue remained unresolved until the U.S. Supreme Court entered the political thicket in 1962. In Baker v. Carr, the Court held that political representation was a subject to which the equal protection clause of the Fourteenth Amendment of the U.S. Constitution applied, and, with that decision, the logjam was broken. From 1963 through 1967, the Florida legislature came to represent the population rather than political entities, and the legislative power shifted from the relatively rural areas of north Florida to the more populous areas of the state. The crisis in legislative apportionment roughly paralleled developments in state constitutional reform. I have already pointed out the proliferation of constitutional amendments between 1885 and 1968. The result of this piecemeal approach to constitutional reform was a lengthy, confusing, and chaotic document. Some cosmetic work was done along the way (for example, the 1956 amendment of the judicial article), but the dissatisfaction among lawyers and public officials was great. In 1948, the amendment process was itself amended to allow some flexibility in offering changes. Language that restricted the amendatory process to proposals submitted in a way "to enable the electors to vote on each amendment separately" was deleted from the Constitution. By 1955, the legislature approved the Florida Constitution Advisory Commission, which, in 1957, submitted proposed revisions of the Constitution to the legislature. The legislature approved the submission of this revision package to the people, but, in a court challenge, the Florida Supreme Court held that the interlocking feature of the fourteen amendments rendered it a "daisy-chain" amendment, which violated the Constitution.' The court did leave on the ballot an amendment that would have recognized the interlocking amendment process, but this amendment was defeated by a substantial majority in the 1958 election.

9 Rivera-Cruz v. Gray, 104 So. 2d 501 (Fla. 1958).

C.A. 000215 THE HISTORY OF THE FLORIDA CONSTITUTION g 15

In 1963, a somewhat reapportioned legislature offered a proposal for the amendment of the Constitution that allowed revision of the Constitution without a constitutional convention, and this was approved by the voters in the 1964 election. With this amendment, the constitutional amendment process picked up energy again just as the drama of reapportionment was producing a fully reapportioned legislature.

RE THE CONSTITUTION REVISION OF 1968

The major features of the modern Constitution date from the period following reapportionment. The U.S. Supreme Court's 1962 decision in Baker v. Carr and its progeny resulted in a tremendous reallocation of power within all state legislatures, and few of those legislatures had been as poorly apportioned as that of Florida. After Baker v. Carr, political power in the Florida legislature shifted from the rural to the urban areas, and a round of constitutional change followed close on the new apportionment. Reapportionment led to a period of intense interest in state constitutional law, and major changes in Florida took place with the adoption of the constitutional revision of 1968. The movement toward revision of the Florida Constitution did not appear suddenly from the ether but was part of a process that had been developing in Florida (and throughout the rest of the country) for some years. Lawyers and judges had prepared drafts of a revised constitution, and the effort toward massive revision through the daisy-chain amendment process, which was found to be unconstitutional in 1958. This was a substantial base on which to consider further efforts at revision. There were companion efforts in other states during this period, all driven by a conviction that the rightful place of the states in the federal system had been overwhelmed by central federal power and that the reassertion of state power required a modernized government with a simple and flexible constitution. The effort to revise the Florida Constitution was put on track when the legislature enacted a statutory Constitution Revision Commission, which was appointed in 1965. The chair of this Commission, Chesterfield Smith, proved to be an ener- getic and forceful leader who developed a major revision of the Constitution for the 1966-1968 legislature to consider. He argued for the new constitution as a matter of craftsmanship and of very fundamental governmental concern. He pointed out that the 1885 Constitution as amended had approximately 40,000 words in it, whereas the new proposal would have half as many (compared with the U.S. Constitution of slightly more than 6,000 words). As to the importance of a modern state constitution, Chesterfield Smith had these thoughts: Without a good, modern constitution . . . in Florida and the other states, the future of our Federal System is in my opinion in grave jeopardy. . . . Florida and most states today stand to lose out as effective elements of American Government;

C.A. 000216 16 THE FLORIDA STATE CONSTITUTION

and as the states wither away, the Federal System is finished, and I personally don't know of anything available to take its place.l° The Commission's package was presented in late 1966. The legislature was still in the process of reaching full compliance with federal court-ordered reapportionment under the principles of equal protection announced by the U.S. Supreme Court in Baker v. Carr. Though the legislature assembled after the November 1966 election was much better apportioned than its predecessors, the federal court disapproved the apportionment plan under which the election had been held and ordered all members to face a new election under a new apportionment plan; this delayed full consideration of the Commission proposals. From the 1967 special election came a legislature whose members were largely new to government—relatively young and urban—and not committed to the traditions of the old legislature, which had been controlled by rural legislators, particularly the group of rural senators from north Florida known as the Pork Chop Gang. For the first time since Reconstruction, there was a substantial Republican minority, mostly from urban areas, and the new urban Democrats and the new Republicans cooperated on issues of mutual concern. These certainly included all issues of interest to the long-neglected urban areas. The urban Democrats and Republicans also agreed on the need to restructure government, and a number of the new Democrats wanted to see more executive power in the governor even though that office was filled in 1966 by a Republican, Claude Kirk. This interest in strengthening the governor did not mean that the legislature was diffident about its own role. Rather, the dominant theory was that each branch of government should be strengthened. It is not surprising that this new legislature responded to the challenge put before it by the chair of the Constitution Revision Commission, Chesterfield Smith. The legislature ultimately accepted most of the changes suggested by the Commission (except for the judicial article) and added some significant features of its own. The revision of 1968 produced major changes. Although there was no revision of the judicial article, that article had been substantially reworked by an amendment adopted in 1956. The size of the document was shortened considerably with a reduction of articles (twenty articles were reduced to twelve), and the length of the text was cut approximately in half. The Declaration of Rights was amended to state that no one shall be deprived of rights because of race or religion, and the civil rights revolution of the 1960s was acknowledged by the elimination of invalid provisions that sought to preserve segregation in the schools and to prevent intermarriage between the races. There were significant protections against wiretapping, and a provision giving public employees the right to organize (but not the right to strike).

1° Chesterfield H. Smith, Speech (U. of Fla. Television Oct. 24, 1968).

C.A. 000217 THE HISTORY OF THE FLORIDA CONSTITUTION 0 17

The legislative article authorized annual sessions of the legislature, fixed the size of the Senate (40 to SO and the House (80 to 120), and made provision for a legislative auditor, a civil service system, and a code of ethics. Legislative apportionment was specifically addressed, with a unique state court procedure providing for the prompt resolution of apportionment disputes. The executive article was changed through the re-recreation of a lieutenant governor, a provision for succession in the event of a governor's incapac- ity and, most important, permission for the governor to serve two terms. The Constitution mandated reorganization of the executive branch. Ironically, the outcome of the debate about the plural executive with power shared by a governor and six elected cabinet officers (which featured a parody of the seven dwarfs) was that the Constitution of 1968 makes the first reference to a cabinet form of government. In the taxation article, Florida's tax structure was restricted constitutionally by "millage caps," which limited property taxes to ten mills (or one dollar for each thousand of value) each by the county, the city, and the school board, with any additional millage requiring a vote of the people, which would authorize excess millage for only two years. In the area of government finance, the 1968 Revision allowed industrial revenue bonds and, within limits, additional authority to borrow funds for public purposes. The local government article preserved the new forms of government created in Dade and Duval County and provided authority for the legislature to enact measures to promote greater home rule. Given the difficult job those who sought to amend the Constitution had been through, with efforts dating back at least to 1948, it is not surprising that the new Constitution had substantially changed provisions relating to the amendatory process. In addition to the two traditional methods of constitutional change— constitutional convention and legislative proposal—the 1968 document added the process of the independent constitution revision commission (appointed by elected officials but free to report its proposals directly to the ballot) and an initiative provision through which the voters could place amendments on the Constitution without any intervening political process. The architect of the 1968 Revision, Chesterfield Smith, stated: "It is my own personal judgment that above all other matters, the new provisions in the 1968 Constitution authorizing means for further constitutional changes are the most important things in the new constitution.." The 1968 revision brought Florida a much more modern basic document, better organized and with much of the obsolete and redundant language

11 Chesterfield H. Smith, Chair of the Constitution Revision Commission, Address to the ABC Committee (Aug. 1968).

C.A. 000218 Y.1 . EN,904• •

18 NI THE FLORIDA STATE CONSTITUTION eliminated. The basic structure of government—three branches and a bicameral legislature—remained intact. The plural executive remained.

NJ AMENDMENTS 1969-1980

The 1968 Revision was approved by the voters by a comfortable margin, but no one closely associated with the process of constitutional reform felt that the effort was complete. The most glaring omission in the 1968 Revision was the failure to offer a new judicial article, and in 1970 the legislature placed a judicial amendment on the ballot. This proposal drew some opposition but not much enthusiastic support. Even those who supported it conceded that it fell well short of the sweeping reform favored by many judicial reformers. The 1970 proposal failed to gain voter approval. In 1972, a legislatively proposed amendment of the judicial article was once again on the ballot, and this time no one asserted that it was pablum. The bolder amendment picked up substantial opposition, but it also gathered crucial support. The amendment consolidated into two trial courts—the circuit court and the county court—the multitude of trial courts (numbering over fourteen in various counties), abolished the justice of the peace system and municipal courts, established a clear system for court administration, defined judicial rule-making authority, provided a role for the court in the determination of the need for new judges, placed the public defenders into the Constitution, and established a system of merit selection for judicial vacancies. This amendment was followed by other amendments of the judicial system, including revision of the judicial discipline procedure to reflect lessons learned during a period of chaos in the mid-1970s when members of the Florida Supreme Court were under investigation resulting in several resignations, one after a vote of impeachment. In 1974, the legislature added physical disability to the list of protected classes. In 1976, the voters approved by a three-to-one margin merit retention for appellate judges, a system that eliminated contested elections and placed all appellate judges on the ballot at the end of their terms for approval or rejection by the voters. The movement to judicial reform carried into 1980 when, under the leadership of Chief Justice Arthur England, the voters approved an amendment substantially limiting the jurisdiction of the Florida Supreme Court, and thereby contained its burgeoning caseload. There were two other noteworthy constitutional changes during this decade. The first was the adoption of a 1971 amendment, proposed by Governor Reuben Askew, to allow a corporate profits tax—an income tax on corporations—that somewhat broadened the Florida tax base. The other major development—the proposal and adoption of the ethics in government, or Sunshine Amendment,

C.A. 000219 Florida Staff Analysis, H.B. 7069, 10/11/2017, Florida Staff Analysis, H.B. 7069,...

FL Staff An., H.B. 7069, 10/11/2017

Image 1 within document in PDF format.

House of Representatives Final Bill Analysis, House Bill 7069

October 11, 2017 Florida House of Representatives 2017 Regular Session

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.

BILL #: CS/HB 7069 FINAL HOUSE FLOOR ACTION:

SUBJECT/SHORT TITLE Education 73 Y's 36 N's

SPONSOR(S): Appropriations Committee; Education Committee; Diaz, M.; and others GOVERNOR'S ACTION: Approved

COMPANION BILLS: CS/CS/CS/HB 15, CS/HB 833, CS/CS/CS/HB 549, CS/CS/HB 773, CS/HB 1111, CS/CS/HB 1331, CS/CS/SB 1552, SB 2516, HB 5101, HB 5105, CS/CS/HB 7101, CS/CS/HB 7057

SUMMARY ANALYSIS

CS/HB 7069 passed the House and subsequently passed the Senate on May 8, 2017. The bill contains portions of HB 5101, HB 5105, CS/CS/HB 7101, CS/CS/HB 7057, CS/CS/CS/HB 15, CS/HB 833, CS/CS/CS/HB 549, CS/CS/HB 773, CS/HB 1111, CS/CS/HB 1331, CS/CS/SB 1552, SB 2516, CS/HB 127, CS/CS/HB 293, HB 655, HB 6015, CS/CS/HB 989, CS/HB 827, HB 1139, CS/HB 1131, HB 67, CS/HB 79, and HB 1229.

The bill: • extends the Best and Brightest Teacher Scholarship Program through the 2019-2020 school year, revises scholarship award amounts, revises eligibility criteria beginning with the 2020-2021 school year, and provides additional bonus awards for teachers rated highly effective and effective through the 2019-2020 school year; • establishes the Best and Brightest Principal Scholarship Program to award qualifying principals a scholarship amount and provide certain administrative flexibilities; • establishes the Schools of Hope program to encourage traditional public schools within the state and charter operators throughout the country with a proven track record of student success in low-income areas to replicate their model and serve students from persistently low-performing schools; • creates the Schools of Excellence program to provide administrative flexibilities to certain schools; • expedites school improvement by requiring school districts to provide principals with greater autonomy, enter into a memorandum of understanding with the teacher's union regarding the recruitment and retention of teachers at “D” or “F” schools, and select and implement a turnaround plan once a school earns two consecutive school grades of “D” or a grade of “F;” eliminating the hybrid turnaround option; including a district-operated charter school as a turnaround option; and requiring the Commissioner of Education to assign a community assessment team the first time a school earns a grade of “D” or “F”; • fosters the development of civic literacy throughout the K-20 education system by authorizing the Governor to designate the month of September as American Founder's Month; establishing civic literacy as a priority of the K-20 education system; requiring the Just Read, Florida! Office to develop curricular programming to help build student background knowledge and literacy skills; and requiring public postsecondary students to demonstrate civic literacy; • streamlines the temporary certificate application process;

• establishes a mentorship-based certification pathway; • revises provisions related to charter schools and expands eligibility for virtual education options; • reduces state testing, pushes back testing dates, and provides for paper-based tests in certain grades; • requires state testing results to be timely provided to teachers and parents in an easy-to-read format; • requires district-required testing results to be provided to teachers within 1 week; • expands eligibility for the Gardiner Scholarship Program and authorizes additional expenditures; • expressly authorizes students to possess and use sunscreen on campus without a prescription; • provides for permitted absences for treatment of autism spectrum disorder; • requires school districts to provide instruction to students in residential health care facilities; • revises the way funds are provided to school districts, including by: • requiring school districts to share discretionary millage revenue with charter schools; • establishing a Safe Schools funding allocation; • modifying eligibility criteria and funding methodology for the high-growth district program; and • modifying the sparsity supplement and certain funding allocations; • redefines “eligible student” for purposes of the College-preparatory Boarding Academy Pilot Program; • requires certain students who transfer to a private school to count towards a school's graduation rate; • includes concordant scores in calculating an alternative school's school improvement rating; • exempts students who meet certain requirements from the personal fitness exam; • allows a blended learning course to satisfy the online course required for high school graduation; • provides for third party analysis and reporting of student learning growth data; • makes use of the student learning growth formula in an educator's performance evaluation optional; • revises provisions for identifying and supporting students with a substantial reading deficiency; • deletes the requirement that the instructional materials allocation be used to purchase digital materials; • extends early warning system coverage to include students in kindergarten through grade 8; • requires 20 minutes of consecutive free-play recess per day for K through 5 students; • establishes provisions related to shared use agreements for public school playground facilities; • makes the middle grades career and education planning course optional; • revises eligibility criteria for participation in the minority teacher education scholars program; • creates the Committee on Early Childhood Development to develop a proposal on certain milestones; • establishes the Early Childhood Music Education Incentive Pilot Program; and • allows designees of certain superintendents to participate on a children's services board.

The bill includes an appropriation of $413,950,000 in recurring General Revenue Funds and $5 million in nonrecurring General Funds.

The bill was approved by the Governor on June 15, 2017, ch. 2017-116, L.O.F., and became effective on July 1, 2017, except as otherwise provided.

I. SUBSTANTIVE INFORMATION

A. EFFECT OF CHANGES: Directory CS/HB 7069 is an omnibus educational reform bill that contains provisions from 23 bills that have been heard, deliberated, and passed by House and Senate committees and, in several cases, by the House or Senate. The analyses on the substantive provisions in the bill may be found at each corresponding page number:

Provision Page

Best and Brightest Teacher Scholarship Program 3

Best and Brightest Principal Scholarship Program 6

School Improvement 9

Schools of Hope 16

Schools of Excellence 21

Early Warning Systems 23

Charter Schools: Applications & Contracts; High-Performing Schools & Systems; 24 Facilities; etc.

Charter School Capital Outlay 33

Equity in School Funding (Title I) 35

State Assessments: Reduction; Format; Windows; Reporting; Publication 37

Student Learning Growth: Analysis; Application 44

Educator Certification: Mentorship-Based Pathway; Temporary Certification 45 Applications

Teacher Training, Certification, and Endorsement in Reading 53

Reading Instruction and Intervention 57

Civic Literacy 62

Student Eligibility for Virtual Instruction 67

Gardiner Scholarship Program 68

High School Graduation Requirements: Online Course Requirement; Physical 70 Education

School Attendance: Treatment of Autism Spectrum Disorder 72

Instructional Personnel Employment Contracts 73

High-Growth District Capital Outlay Assistance Grant Program 74

Provisions from Other Bills 75

Best and Brightest Teacher Scholarship Program Present Situation Internationally renowned public education systems, such as those in Finland and Singapore, recruit, develop, and retain the leading academic talent, most of who graduated near the top of their collegiate class. However, in the United States, only 23% of all teachers, and only 14% of teachers in high-poverty schools, come from the top third of college graduates. [FN1] Research shows the importance of a teacher's high cognitive ability in the classroom, as there is a correlation between a teacher's academic achievement (including undergraduate GPA, college entrance test scores, and college selectivity)

and their effectiveness [FN2] and because “[a] very good teacher as opposed to a very bad one can make as much as a full year's difference in learning growth for students.” [FN3] TABULAR OR GRAPHIC MATERIAL SET FORTH AT THIS POINT IS NOT DISPLAYABLE Moreover, to improve the quality of teacher candidates, new national teacher preparation program accreditation standards have increased the entrance requirements for undergraduate GPAs and test scores of teacher candidates. [FN5] The standards progressively increase average test scores for incoming teacher preparation program cohorts to the top half of a school's student body. [FN6] With these trends in mind, the Best and Brightest Teacher Scholarship Program was established to attract teachers with high cognitive ability and retain those teachers who demonstrated they were highly effective at improving student outcomes. In 2015, the Legislature established the “Best and Brightest Teacher Scholarship Program” in the General Appropriations Act and appropriated $44,022,483 to fund the program. [FN7] In 2016, the Legislature codified the program in statute and appropriated $49,000,000 to continue it for the 2016-2017 school year. [FN8] Under the program, teachers who are rated “highly effective” [FN9] and who scored at or above the 80th percentile nationally on either the SAT or the ACT at the time the assessment was taken can be provided a payment of up to $10,000. First- year teachers who do not yet have an evaluation can qualify if they scored at or above the 80th percentile on the SAT or ACT at the time the assessment was taken. To demonstrate eligibility for an award, a teacher must submit to the school district, no later than November 1, an official record of his or her SAT or ACT score demonstrating that the teacher scored at or above the 80th percentile based upon the national percentile ranks in effect when the teacher took the assessment. Once a teacher is deemed eligible, including a teacher deemed eligible for the 2015-16 school year, the teacher remains eligible as long as he or she remains employed by the school district as a classroom teacher at the time of the award and receives an annual performance evaluation rating of “highly effective.” By December 1, each school district, charter school governing board, and the Florida School for the Deaf and Blind must submit to the DOE the number of eligible teachers who qualify for the award. By February 1, the DOE must disburse funds to each school district for each eligible teacher to receive the award. By April 1, each school district, charter school governing board, and the Florida School for the Deaf and the Blind must provide payment of the award to each eligible teacher. If the number of eligible teachers exceeds the total appropriated amount, then the DOE must prorate the per teacher award amount. [FN10] As of February 2, 2017, 7,188 teachers have been identified as qualifying for an award for 2016, which is a 35 percent increase from the 5,334 recipients in 2015, and represents about 3.8% of the 188,322 certificated classroom teachers statewide. [FN11]

Best and Brightest Teacher Scholarship Awards

2015 Recipients 2016 Recipients

State Total 5,334 7,188

Award Amount $8,248/per award $6,816/per award [FN12]

Although a larger number of elementary schools have at least one Best and Brightest teacher than any other school type, high school teachers make up the highest percentage of scholarship award recipients. [FN13]

School Type Best and Brightest 2016

# Schools # Teachers

Elementary 901 2,014

Middle 363 1,249

High 439 3,192

Combination/Other 198 642

Not Reported 10 14

Total 1,911 7,111 [FN14]

The statutory authority for the program is set to expire on July 1, 2017. [FN15] Effect of Proposed Changes The bill extends the Best and Brightest Teacher Scholarship Program through July 1, 2020, and revises eligibility criteria beginning with the 2020-2021 school year by: • lowering the qualifying assessment score threshold from the 80th percentile to the 77th percentile based on the National Percentile Ranks in effect when the classroom teacher took the assessment; • recognizing other national, standardized assessments that measure cognitive ability in lieu of the SAT or ACT; • allowing an assessment score in the 71 st percentile or higher to qualify if the applicant earned a baccalaureate degree with a designation of cum laude or higher; and • allowing teachers to satisfy the highly effective rating requirement based solely on their value-added score calculated by the DOE. The bill identifies the LSAT, GRE, GMAT, and MCAT as additional assessments on which classroom teachers can earn qualifying scores. The percentile requirements in the bill apply the same to these assessments as to the SAT and ACT. Allowing a teacher to use his or her VAM score to meet the “highly effective” requirement prevents subjective district evaluation criteria from affecting the teacher's eligibility for a scholarship award. TABULAR OR GRAPHIC MATERIAL SET FORTH AT THIS POINT IS NOT DISPLAYABLE The bill provides a scholarship amount of $6,000 for each qualifying classroom teacher. In addition, through the 2019-2020 school year, the bill establishes yearly bonuses of $1,200 for each classroom teacher rated highly effective and up to $800 for each classroom teacher rated effective. Best and Brightest Principal Scholarship Program Present Situation A school's principal is the most critical influence on the school's ability to recruit and retain the most effective teachers. [FN16] A quality school principal can reduce teacher burnout and increase retention rates, even in challenging school settings, by “providing recognition and support to teachers, working with staff to meet curriculum standards, and encouraging professional collaboration.” [FN17] It follows that principals have a significant effect in improving education outcomes for students, including at schools with a high-poverty student population. [FN18] Currently, the distribution of teachers who qualify for a Best and Brightest scholarship award is more heavily concentrated in non-Title I schools than in Title I schools. [FN19]

Best and Brightest 2017 State Teacher Distribution

Number Percent Qualifying Qualifying for Best and for Best and Brightest Brightest

Non-Title 5,150 72% 52% I Schools

Title I 1,946 27% 48% Schools

N/A 15 0% 0%

Total 7,111 100% 100%

The law prohibits school districts from assigning more than the school district average of temporarily certified teachers, teachers in need of improvement, or out-of-field teachers to schools graded “D” or “F” [FN20] and authorizes district- determined salary supplements for teachers assigned to Title I schools and schools rated “D” or “F.” [FN21] However, these provisions appear to have little effect on placing highly effective teachers with strong academic credentials in Title I schools. “School administrators” include school principals, school directors, career center directors, and assistant principals. [FN22] Among other things, school principals are responsible for: • fully supporting the authority of classroom teachers and school bus drivers regarding student discipline and conduct; • providing instructional leadership in the development, revision, and implementation of a school improvement plan; • making the necessary provisions to ensure accurate and timely compliance with statutory reporting requirements; • the management and care of instructional materials; and • facilitating parental involvement in their child's education and providing information to parents regarding their child's educational progress and available educational choices. [FN23] When filling instructional positions [FN24] at the school level, the district school superintendent must consider nominations received from school principals of the respective schools in the school district. The superintendent then must make recommendations to the district school board regarding each position to be filled and the persons to fill such positions. The school board has discretion to approve or reject any of the superintendent's recommendations. Before transferring a classroom teacher from one school to another, the superintendent must consult with the principal of the receiving school and allow the principal to review the teacher's records, student performance results, [FN25] and interview the teacher. If a principal believes students would not benefit from the placement he or she may request an alternative placement subject to the approval by the superintendent. [FN26] However, the superintendent must accept the principal's decision to refuse placement or transfer of instructional personnel if the instructional personnel has a performance evaluation rating of needs improvement or unsatisfactory. [FN27] These restrictions on personnel-related decision making can make it difficult for a principal to effectively and efficiently operate a school, particularly where a school is in significant need of improvement. Principals who have additional autonomy to establish favorable working conditions and a positive school climate can attract effective teachers, reduce teacher turnover, and improve morale. [FN28] In 2016, the Legislature established the Principal Autonomy Pilot Program Initiative (PAPPI) within the DOE to provide the principal of a participating school with increased autonomy and authority regarding allocation of resources and staffing to improve student achievement and school management. [FN29] School district participation in PAPPI is voluntary, and only open to school districts in Broward, Duval, Jefferson, Madison, Palm Beach, Pinellas and Seminole Counties. School districts seeking to participate in PAPPI must submit a principal autonomy proposal to the State Board of Education (SBE) for approval. A participating school must have earned at least two school grades of “D” or “F” during the previous three school years, and a participating principal must have earned a highly effective rating on the prior year's performance evaluation. [FN30] The program exempts participating schools from the K-20 Education Code and state board rules implementing such provisions, with some exceptions. [FN31] In addition, a principal at a participating school may select qualified instructional personnel for placement at the school and refuse placement or transfer of instructional personnel by the district school superintendent, in any case. [FN32] The principal also has greater budgeting authority to allocate resources to help improve student achievement. [FN33] Effect of Proposed Changes The bill creates the Best and Brightest Principal Scholarship Program. Under the program, a principal may receive a scholarship award, as determined in the General Appropriations Act, if: • he or she has served as principal at the school for at least the last 2 consecutive school years; and

• the faculty at his or her school has a ratio of best and brightest teachers to other classroom teachers that is at the 80 th percentile or higher, statewide, for that school type (elementary, middle, high, or combination). By requiring a principal to have been at the school for at least 2 years to qualify, the principal will have demonstrated his or her influence on recruiting and retaining the most qualified teachers. Further, because teacher effectiveness is essential to closing the achievement gap, including at schools with a high- poverty student population, the bill specifies that a greater award amount must be provided to a qualifying principal who is assigned to a Title I school. The bill requires each school district, by December 1 each year, to provide the name and master school identification (MSID) number of each school in the district to which a teacher eligible for a Best and Brightest Teacher Scholarship Program award is assigned. The district must also provide the name of the school principal of each eligible teacher's school if he or she has served as the school's principal for at least 2 consecutive school years, including the current school year. This will allow the DOE to identify qualifying principals for the purpose of disbursing monetary awards. By February 1 each year, the DOE must identify qualifying principals and disburse funds to each school district for each eligible principal to receive the award. By April 1, each school district, charter school governing board, and the Florida School for the Deaf and the Blind must provide payment of the award to each eligible principal. In addition to the monetary award, the bill requires school districts to provide a principal designated as best and brightest with the same autonomy principals participating in PAPPI have concerning budgetary and personnel decisions. The bill specifies that the term “school district,” for purposes of the Best and Brightest Principal Program, includes the Florida School for the Deaf and the Blind and charter school governing boards. School Improvement Differentiated Accountability Present Situation “Differentiated accountability” (DA) references the escalating interventions and supports that must be provided to schools earning school grades of “D” or “F” under Florida's statewide accountability system in order to help them improve student performance. [FN34] The SBE is responsible for holding all school districts and public schools accountable for student performance through a state system of school improvement and education accountability that assesses student performance by school, identifies schools that are not meeting accountability standards, and institutes appropriate measures for enforcing improvement. The state system of school improvement and education accountability must: • provide for uniform accountability standards; • provide assistance of escalating intensity to schools not meeting accountability standards; • direct support to schools in order to improve and sustain performance; • focus on the performance of student subgroups; and • enhance student performance. School districts must be held accountable for improving the academic performance of all students and for identifying and improving schools that fail to meet accountability standards. The academic performance of all students has a significant effect on the state school system. The SBE must equitably enforce the accountability requirements of the state school system and may impose state requirements on school districts in order to improve the academic performance of all districts, schools, and students. The DOE must annually identify each public school in need of intervention and support to improve student academic performance. All schools earning a grade of “D” or “F” are schools in need of intervention and support. The SBE must adopt a differentiated matrix of intervention and support strategies for assisting public schools identified as in need of intervention. The intervention and support strategies must address student performance and may include improvement planning, leadership quality improvement, educator quality improvement, professional development, curriculum alignment and pacing, and the use of continuous improvement and monitoring plans and processes. In addition, the SBE may prescribe reporting requirements to review and monitor the progress of the schools. The rule must define the intervention and support strategies for school improvement for schools earning a grade of “D” or “F” and the roles for the district and department. The rule must differentiate among schools earning consecutive grades of

“D” or “F,” or a combination thereof, and provide for more intense monitoring, intervention, and support strategies for these schools. The SBE must apply the most intense intervention and support strategies to schools earning an “F.” Within a year after receiving the first “F,” the school district must implement a differentiated matrix of intervention and support strategies, select a turnaround option, and submit a plan for implementing the turnaround option to the DOE. Of Florida's approximately 3,500 public schools, 461 (13 percent) are currently subject to DA requirements. [FN35] As of the 2015-2016 school year, 176 schools have been in DA status, meaning they have earned a “D” or “F,” for 3 or more consecutive years. [FN36]

2015-2016 Schools in DA for 3 or More Years

# of Years # Avg % Scoring Lvl Avg % Scoring Lvl in DA Schools 3+ ELA assessment 3+ Math assessment

3 61 27.4% 33.5%

4 54 33.9% 33.3%

5+ 61 24.7% 28.6%

Total 176 28.67% 31.8%

Although intensive interventions and supports are provided by school districts and the DOE under the law, many schools fail to make sufficient improvement to demonstrate that their students are being adequately served. This highlights lax provisions in the law that allow school districts to maintain operation of low-performing schools, even for up to 10 years. [FN37] The plan must be approved by the SBE. Upon approval, the turnaround option must be implemented in the following school year. A school that earns a grade of “D” for 3 consecutive years must implement the district-managed turnaround option. Turnaround options include: • converting the school to a district-managed turnaround school; • reassigning students to another school and monitor the progress of each reassigned student; • closing the school and reopening the school as one or more charter schools, each with a governing board that has a demonstrated record of effectiveness; • contracting with an outside entity that has a demonstrated record of effectiveness to operate the school; or • implementing a hybrid of the above turnaround options or other turnaround models that have a demonstrated record of effectiveness. A school earning a grade of “F” must have a planning year followed by 2 full school years to implement the initial turnaround. Implementation of the turnaround option is no longer required if the school improves by at least one letter grade during the planning year. A school earning a grade of “F” or 3 consecutive grades of “D” that improves its letter grade must continue to implement strategies identified in its school improvement plan pursuant to s. 1001.42(18)(a). The department must annually review implementation of the school improvement plan for 3 years to monitor the school's continued improvement. The department must annually review implementation of the school improvement plan for 3 years to monitor the school's continued improvement. If a school with an “F” or 3 consecutive grades of “D” does not improve by at least one letter grade after 2 full years of implementing the turnaround option, the school district must select a different option and submit another implementation plan to the department for state board approval. Implementation of the new plan must begin the school year following the implementation period of the existing turnaround option, unless the SBE determines that the school is likely to improve a letter grade if additional time is provided to implement the existing turnaround option.

In Citizens for Strong Schools v. Florida State Board of Education et al, [FN38] the trial court stated that “[t]here can be little doubt that allowing a school to remain in F status for an extended period of time raises serious issues regarding the constitutional acceptance of such an event. While the Department of Education's hands may be tied by the legislation that it is required to follow, the Legislature is not similarly situated.” While “the State cannot be held liable for ineffective operational, control, and supervisory decisions at the local level, the court would be concerned about how long the Legislature would tolerate a local school board's ineffectual operation that involves the presence of long term “F” schools.” [FN39] “This is especially true since the … evidence shows that an “F” school can be turned around without additional resources being provided.” [FN40] Effect of Proposed Changes The bill requires school districts to respond more quickly to provide interventions and supports for struggling schools. Under the bill, an educational emergency exists if one or more schools in a school district earns a grade of “D” or “F.” Once an educational emergency exists, the district must negotiate a memorandum of understanding with its teacher union to provide students at the school with effective teachers and administrators. In addition, the commissioner must assign a community assessment team to review the performance of these schools and identify strategies to address the school's low performance. The team is made up of a department representative, parents, business representatives, educators, representatives of local governments, and community activists. The bill requires the team to make recommendations based on effective intervention and support strategies identified by the commissioner [FN41] for incorporation into the school's improvement plan. If a school earns two consecutive grades of “D” or a grade of “F,” it must immediately implement a differentiated matrix of intervention and support strategies and, by September 1, provide the DOE with the memorandum of understanding it must execute as a result of the educational emergency. The school district must also submit a district managed turnaround plan to the SBE by October 1. The bill also revises requirements related to the matrix of intervention and support strategies to include curriculum alignment across grade levels to improve background knowledge in social studies, science, and the arts. Upon approval by the SBE, the school district must implement the plan for the remainder of the year and continue implementation for the next full school year. The SBE may allow an additional year of implementation if the SBE determines the school is likely to improve to a “C” or higher after the first full school year of implementation. If the school's grade does not improve to a “C” or higher after the additional year (its fourth consecutive grade below a “C”), or after the first full year of implementation if an additional year is not granted, the school must select from the following turnaround options: • reassign students to another school and monitor the progress of each student; • close the school and reopen as one or more charter schools with a governing board that has a demonstrated record of effectiveness; or • contract with an outside entity that has a demonstrated record of effectiveness to operate the school. The outside entity may include a district-managed charter school in which all instructional personnel are not employees of the school district but are employees of an independent governing board composed of members who did not participate in the review or approval of the charter. The bill deletes the option to implement a hybrid of multiple turnaround options, which has generally consisted of district-managed turnaround with an external operator. A school currently implementing a turnaround option plan will be able to complete its turnaround option plan and may receive additional time to implement the plan if the state board determines the school is likely to improve to a “C.”

Current Law Proposed Changes

When must a school The year following a The year following a submit a turnaround plan? grade of “F” or third grade of “F” or two consecutive grade of consecutive grades of “D.” “D.”

What turnaround options • District-managed • District-managed are available? turnaround (chosen by turnaround must be used 96% of schools); as the first option and may not be used as any subsequent option;

• Close and reassign the • Close and reassign the students; (chosen by students; 1.3% of schools)

• Close and reopen as a • Close and reopen as a charter school; charter school;

• Contract with an • Contract with an outside entity; or outside entity, which may include a district- managed charter school.

• Hybrid Option (chosen by 2.7% of schools).

How long can a school 9 years. 6 years. continue to fail?

Under the bill, a school is required to implement a district-managed turnaround plan if it earns two consecutive grades of “D” (2015-2016 and 2016-2017) or a grade of “F” (2016-2017). The following table indicates the number of schools that must implement a turnaround option in the 2017-2018 school year based on school grades data for the 2016-2017 school year. [FN42]

Years in DA as of Number of Schools Required Action 2017-2018 school year under the Bill

Year 1 - District managed 90 schools Implement through turnaround (First or 2018-2019 school year, second “F” or second “D”) unless granted extra year by the SBE. Must implement different turnaround option (closure, charter, or contract with outside entity) beginning with the 2019-2020 school year.

Year 2 of first DA cycle 26 schools Implement through 2017-2018 year, unless granted extra year by the SBE. Must implement different turnaround option (closure, charter, or contract with outside entity) beginning with the 2018-2019 school year.

Year 3 of first DA cycle 3 schools Implement through 2017-2018 school year. Must implement different

turnaround option (closure, charter, or contract with outside entity) beginning with the 2018-2019 school year.

Year 2 of second DA cycle 12 schools Implement through 2017-2018 school year. Must implement different turnaround option (closure, charter, or contract with outside entity) beginning with the 2018-2019 school year.

Schools currently implementing a turnaround option plan may complete the plan before it must select another option under the bill. TABULAR OR GRAPHIC MATERIAL SET FORTH AT THIS POINT IS NOT DISPLAYABLE School Improvement Planning Present Situation With the exception of charter schools that earn a grade of “A”, “B” or “C,” [FN44] all Florida public schools must have a school improvement plan that is developed and implemented by the school's advisory council. [FN45] If a school has a significant gap in achievement on statewide, standardized assessments [FN46] by one or more student subgroups; [FN47] has not significantly increased the percentage of students passing statewide, standardized assessments; [FN48] has not significantly increased the percentage of students demonstrating learning gains as determined using the school grade calculation [FN49] who passed statewide, standardized assessments; or has significantly lower graduation rates for a subgroup when compared to the state's graduation rate, [FN50] the school's improvement plan must include strategies for improving those results. [FN51] For non-charter schools earning a “D” or “F” in the most recent grades release and schools that improved from an “F” to a “C” or higher within the last three years, development and implementation of the plan is based on a form developed by the DOE. [FN52] In such cases, the plan must be submitted through the Continuous Improvement Management System (CIMS). [FN53] The DOE reviews, approves, and also monitors implementation of the plan. [FN54] Schools that earn a “D” three years in a row or that earn an “F” are assigned a community assessment team, which reviews the school's performance data to determine causes for the low performance, including the role of school, area, and district administrative personnel. [FN55] Effect of Proposed Changes To reduce paperwork and time associated with school improvement planning, the bill eliminates the requirement that schools with a grade above a “D” develop and implement a school improvement plan, except for schools that must implement strategies to address a deficiency enumerated above. Charter School Requirements Present Situation Charter schools that earn a grade of “D” or “F” must develop a school improvement plan, which must be approved by the sponsor. [FN56] Corrective actions are required for charter schools earning three consecutive grades of “D,” two consecutive grades of “D” followed by a grade of “F,” or two nonconsecutive grades of “F” within a three-year period. Such a charter school may choose to: • contract for educational services to be provided directly to students, instructional personnel, and school administrators; • contract with an outside entity with a track record of effectiveness to operate the school; • hire a new director or principal who has authority to hire new staff; or • voluntarily close the school. [FN57]

The charter school must implement the corrective action in the school year following receipt of a third consecutive grade of “D,” a grade of “F” following two consecutive grades of “D,” or a second nonconsecutive grade of “F” within a 3-year period. [FN58] Corrective actions are no longer required if the charter school improves by at least one letter grade; however, the school must continue to implement its school improvement plan. [FN59] If a charter school does not improve by at least one letter grade after two full school years of implementing a corrective action, the school must choose another action. [FN60] A charter school's contract is automatically terminated if the school earns two consecutive grades of “F,” unless the charter school: • is established to turn around the performance of a district public school; • serves a student population the majority of which resides in a school zone served by a district public school that earned a grade of “F” in the year before the charter school opened and the charter school earns at least a grade of “D” in its third year of operation; or • is granted a waiver of termination by the SBE. [FN61] A sponsor may terminate, at any time, a charter school that is required to implement a school improvement plan or corrective actions; however, this discretionary authority does not extend to charter schools that meet an exception to mandatory termination. [FN62] The director and a representative of a charter school that is required to implement a school improvement plan or corrective action must annually appear before the sponsor to report the progress of the corrective strategies being implemented by the school. [FN63] Effect of Proposed Changes The bill requires corrective actions be taken by a charter school if the school earns three consecutive grades below a “C” and requires the corrective action be implemented in the school year following the third consecutive “C.” The bill provides that corrective actions are no longer required if the charter school grade improves to a “C” or higher. The bill permits an exception to a “double ‘F”D’ termination for a charter school that serves a majority of students who are zoned for a school that earns two consecutive grades of “D” or a grade of “F.” Schools of Hope Effect of Proposed Changes The bill provides for the establishment of schools of hope to provide students in areas of persistently low-performing schools with a unique, high-quality education option designed to close the opportunity gap and increase student achievement. The bill defines a persistently low-performing school as a school that has earned three consecutive school grades below a “C.” Based on 2016-2017 school grades data, 90 schools from 24 school districts meet the definition of a persistently low- performing school. [FN64] The school districts and the number of persistently low-performing schools in each district are as follows:

Alachua 1 Desoto 1 Lee 2 Palm Beach 5

Bay 2 Duval 7 Leon 1 Pinellas 3

Brevard 1 Escambia 5 Madison 1 Polk 10

Broward 5 Gadsden 2 Manatee 4 Putnam 4

Collier 1 Hamilton 2 Marion 2 St. Lucie 1

Dade 5 Hillsborough 20 Orange 4 Seminole 1

The bill defines a school of hope as a charter school operated by a hope operator to serve students from one or more persistently low-performing schools; is located within the attendance zone of the persistently low-performing school or within a five mile radius of the school, whichever is greater; and is a Title I eligible school. The bill defines hope

operators as nonprofit organizations that operate three or more charter schools with a record of serving students from low-income families and receives the designation from the SBE. In determining hope operator status, the SBE must determine whether the past performance of the operator meets or exceeds the following criteria: • Student achievement results which must exceed the district and state averages in the state in which the school operates • College attendance rates at all schools currently operated by the entity which must exceed 80 percent • The percent of students enrolled at all schools currently operated by the entity eligible for a free or reduced price lunch which must exceed 70 percent • The operator is in good standing with the authorizer in each state in which it operates • The audited financial statements of the operator are free of material exceptions and going concern issues • Other outcome measures determined by the SBE A hope operator may also qualify if the operator: • was awarded a U.S. Department of Education Charter School Program Grant for Replication and Expansion of High-Quality Charter Schools within the past 3 years; • receives funds though the National Fund of the Charter School Growth Funds; or • is selected by a district school board as part of the turnaround process requirements under the bill. Once measurable criteria is established by the SBE, any operator seeking status as a hope operator must meet the criteria in order to qualify. The bill authorizes initial hope operator status to be valid for up to 5 years. If a hope operator seeks renewal of its status, renewal is solely based on the academic and financial performance of all schools established in Florida by the hope operator since its initial designation. The bill requires that a hope operator submit a notice of intent in order to open a school of hope in the school district where a persistently low-performing school has been identified. The bill requires the notice of intent to include: • an academic focus and plan; • a financial plan; • the goals and objectives for increasing student achievement for student from low-income families; • a completed or planned community outreach plan; • the organizational history of working with students with similar demographics; • the grade levels to be served and enrollment projections; • the proposed location proposed for the school and its proximity to the persistently low-performing school; and • a staffing plan. The school district must enter into a performance based agreement with a hope operator within 60 days of receiving a notice of intent. The performance based agreement must: • incorporate the notice of intent; • identify the location proposed for the school and its proximity to the persistently low-performing school; • enumerate the grades to be served each year of the agreement and whether the school will serve children in school readiness or prekindergarten; • describe the plan of action and specific milestones for student recruitment and enrollment of students from persistently low-performing schools, including enrollment preferences and procedures for conducting transparent admissions lotteries. Students from persistently low-performing schools are exempt from any enrollment lottery to the extent permitted by federal grant requirement; • establish the current incoming baseline standard of student academic achievement, the outcomes to be achieved and the method of measurement that will be used; • describe the methods of involving parents and expected levels for the involvement; • describe the grounds for termination, including failure to meet the requirements for student performance, generally accepted standards of fiscal management or material violation of the terms of the agreement. The nonrenewal or termination of a performance based agreement must comply with the requirements of s. 1002.33(8); • allow the hope operator to open additional schools to serve students zoned for a persistently low-performing school;

• provide for an initial term of at least five years. The agreement must be renewed, unless the school fails to meet the requirements for student performance, the generally accepted standards of fiscal management or the school materially violates the law or terms of the agreement; • require transportation of students to conform to statutory guidelines. The governing body of the school may provide transportation through an agreement with the district school board, a private provider or parents. Transportation cannot be a barrier to equal access for student residing in a reasonable distance of school; • require that any agreement to borrow or secure funds from a source other than the state or school district must indemnify the state and school district from any and all liability; • provide that any financial agreement entered into by the hope operator is not an obligation of the state or school district and is payable only from funds pledged by such agreement; and • prohibit the pledge of credit or taxing power of the state or school district. The bill requires a school district that fails to enter into a performance based agreement within 60 days to reduce the charter school administrative fee to one percent for all charter schools operating in the district. Upon successful execution of the performance based agreement, the district may resume withholding the full administrative fee but may not recover previous lost fees. The bill allows an aggrieved charter school to recover attorney's fees and costs in actions to recover withheld administrative fees. The bill requires that disputes between hope operators and school districts regarding performance based agreements be submitted to a magistrate that is agreed to by both parties. If the parties are unable to agree, the dispute will be submitted to a qualified magistrate appointed by the Commissioner of Education. The bill requires the magistrate to hold hearings and make recommendations to the SBE, which may not alter the statutory provisions of performance agreements. The final decision of the SBE may be appealed to the First District Court of Appeals. The bill permits the hope operator to recover attorney's fees and cost if the SBE determines the district acted unlawfully with regard to the performance agreement. The bill requires the SBE to: • publish an annual list of persistently low-performing schools; • adopt a standard notice of intent and performance based agreement to be used by hope operators and school boards; • resolve disputes between a hope operator and a school district arising from a performance-based agreement or a contract, including the appointment of a special magistrate to hold hearings and render decisions regarding disputes; and • provide students in persistently low-performing schools with a public school that meets accountability standards. The bill addresses the conditions that allow a school to persistently fail to meet the needs of its students, while recognizing a school district's authority to operate, control, and supervise schools within the district, by requiring a school district with a persistently low-performing school to enter into a performance based agreement with a hope operator who has submitted a notice of intent. However, the SBE, in the exercise of its supervisory authority, may contract with a hope operator if the school district fails to do so. Unlike Duval County School Board, [FN65] the bill authorizes the SBE to exercise its supervisory authority only when a school district fails to fulfill its constitutional duty. If the SBE enters into a performance based agreement with a hope operator, the district must transfer to the school of hope the proportionate share of state funds allocated from the FEFP. The bill provides hope operators with the following statutory authority: • allows a school of hope to be designated as a local educational agency for the purposes of receiving federal funds; • provides that, for the purpose of tort liability, the operator, school of hope and its employees or agent are subject to the same waiver of sovereign immunity in tort actions as the state, state agencies and or subdivisions. The sponsor is not liable for civil damages under state law for the employment actions or personal injury, property damage or death resulting from an act or omission of an operator, the school of hope and its employees or agents (this does not apply to any for-profit entity contracted by the charter school or by the charter school's governing body); • allows a school of hope to be either a private or public employer and provides that employees of a public employer must be compulsory members of the Florida Retirement System;

• allows a hope operator to employ staff that do not meet the educator certification requirements, so long as the school disqualifies staff from employment in any position that requires direct contact with students if the staff member is statutorily disqualified for such employment; and • allows calculation for class size compliance to be the average at the school level. The bill provides that schools of hope are exempt from chapters 1000-1013 of the Florida Statutes and all board polices, except statutes pertaining to: • the student assessment program and school grading; • student progression and graduation; • services to students with disabilities • civil rights and discrimination; • student health, safety and welfare; • public meetings and records public inspection and criminal and civil penalties; • public records; and • code of ethics for public officers and employees. The bill provides that a school of hope must utilize facilities that comply with the Florida Building Code except for the State Requirements for Educational Facilities. Schools of hope that utilize school district facilities must comply with the State Requirements for Educational Facilities only if the school district and hope operator have entered into a mutual management plan for the reasonable maintenance of such facilities. The mutual management plan must have a provision requiring the district school board to maintain the school facilities in the same manner as its other public schools within the district. The local governing authority cannot impose any local building requirements or site-development restrictions that are addressed by and more stringent than those found in the State Requirements for Educational Facilities of the Florida Building Code. The local governing authority must treat school of hope equitably in comparison to similar requirements, restrictions, and site planning processes imposed upon public schools. The local municipality is the agency with jurisdiction for inspection of a facility and issuance of a certificate of occupancy or use. If in an unincorporated area, the authority is placed with the county governing authority. If an official or employee of the local governing authority refuses to comply with this paragraph, the aggrieved school has the right to bring an action in circuit court to enforce its rights by injunction. The bill provides that facilities of a school of hope are exempt from a number of taxes, fees and assessments. The bill also provides that a number of existing community and state facilities may provide space to schools of hope. The bill requires each district to annually provide a list of its underutilized, vacant or surplus property and facilities to the DOE. A hope operator operating a school of hope may utilize an underutilized, vacant, or surplus educational facility at no cost or at a mutually agreed cost not to exceed $600 per student. The hope operator cannot sell or dispose of the facility without written permission from the school district. The bill defines underutilized, vacant, or surplus property as an entire, or portion of, a property that is not fully used (or used irregularly or intermittently) by the school district for instructional or program use. Schools of Hope Funding The bill provides that a school of hope is funded in the same manner as other charter schools and traditional schools. A school of hope is considered a charter school for purposes of charter capital outlay, but may not use the funds to purchase real property or construct school facilities. In addition, the bill provides a school of hope with priority in the DOE's Public Charter School Grant Program competitions. The bill establishes the Schools of Hope Program within the DOE to provide a school of hope funds for the following eligible expenditures: • Preparing teachers, school leaders, and specialized instructional support personnel, including costs associated with: • providing professional development; and • hiring and compensating teachers, school leaders, and specialized instructional support personnel for services beyond the school day and year. • Acquiring supplies, training, equipment, and educational materials including developing and acquiring instructional materials.

• Providing one-time, startup costs associated with providing transportation to students to and from the charter school. • Carrying out community engagement activities, which may include paying the cost of student and staff recruitment. • Providing funds to cover the nonvoted ad valorem millage that would otherwise be required for schools and the required local effort funds when the state board enters into an agreement with a hope operator. The program must also provide financial awards for up to 25 traditional public schools that are required to submit a turnaround plan to the SBE. Based upon the strength of an eligible school's plan, including its focus on evidence-based interventions and wrap-around services, the school can receive up to $2,000 per student. The bill defines wrap-around services to include tutorial and after-school programs, student counseling, nutrition education, parental counseling, and adult education. At a minimum, the turnaround plan for an eligible school must: • establish wrap-around services that develop family and community partnerships; • establish clearly defined and measurable high academic and character standards; • increase parental involvement and engagement in the child's education; • describe how the school district will identify, recruit, retain, and reward instructional personnel; • identify a knowledge-rich curriculum that the school will use that focuses on developing a student's background knowledge; and • provide professional development that focuses on academic rigor, direct instruction, and creating high academic and character standards. The bill authorizes the SBE to waive performance pay schedule and personnel evaluation requirements to help a school in the program to implement its turnaround plan. The bill requires the SBE to prioritize awards for plans that are based on whole school transformation and are developed in consultation with the school's principal. The SBE must also annually report on the implementation of the program and provide summarized academic performance reports of each participating school. The bill establishes the Schools of Hope Revolving Loan Program within the DOE. The purpose of the program is to provide assistance to charter schools to meet school building construction and to pay for expenses related to starting up a new charter school. The fund will be composed of legislatively appropriated funding, repaid loan funding, and interest earned. The bill requires that all repayments of principal and interest be returned to the loan fund and made available for loans to other applicants. The bill limits funds provided through the program to 25 percent of the total cost of the project. The total cost of the project must be calculated based on 80 percent of the cost per student station multiplied by the capacity of the facility. The interest rate on loans from the fund may be used to defray the costs of administration. The rate must be the lower of the rate paid on monies held in the fund or a rate equal to 50 percent of the statewide maximum bond interest rate authorized pursuant to state law. A hope operator that has been designated by the state board and has executed a performance based agreement shall receive a loan for projects that are located in the attendance area of a persistently low-performing school or within a five mile radius and primarily serve students from low-performing schools. The bill allows the department to select a third-party administrator to administer the program and report annually to the department. However, the department must continue to administer the program until a third-party administrator is selected. The department must post on its website the projects that have received loans, the geographic distribution of the projects, the status of the projects, the costs of the program, and student outcomes. Funds appropriated for the program which but are not disbursed by June 30 of the fiscal year in which they are appropriated may be carried forward for up to 5 years after the effective date of the original appropriation. Schools of Excellence Present Situation Recognizing High-Performing Schools: School Grades and School Recognition One function of Florida's statewide accountability system is to identify and recognize schools that perform well based on school quality metrics established in law. Initially implemented in 1999 as the A+ Plan for Education, [FN66] Florida's system has evolved and increased accountability for schools and educators by using student achievement and

learning gains data from statewide, standardized assessments and other measures of school quality to assign schools grades on an A through F scale. The School Recognition Program was established to financially reward high-performing schools as indicated by the school grades. [FN67] School Grades School grades are used to explain a school's performance in a familiar, easy-to-understand manner for parents and the public. [FN68] School grades are also used to determine whether a school must select or implement a turnaround option [FN69] or whether a school is eligible for school recognition funds as appropriated by the Legislature. [FN70] The annual reports must identify schools as having one of the following grades: • “A,” for schools making excellent progress - 62% or higher of total points • “B,” for schools making above average progress - 54% to 61 % of total points • “C,” for schools making satisfactory progress - 41 % to 53% of total points • “D,” for schools making less than satisfactory progress - 32% to 40% of total points • “F,” for schools failing to make adequate progress - 31 % or less of total points [FN71] Elementary schools, middle schools, and high schools each share a basic model for determining school grades, based on the percentage of total points earned by a school for each component in the model. Middle and high school models include additional components beyond the basic model. [FN72] Combination school models include the additional components for the grades served (e.g., a school serving grades K through 12 would include the additional components for the middle and high school models).

School Grades Models

Basic/Elementary (700 Points) Middle School High School (Basic+300 Points) (Basic +200 Points)

English Mathematics Science Civics Acceleration U.S. Graduation Acceleration Language EOC Success History Rate Success Arts Assessment EOC Assessment

Achievement Achievement Achievement Achievement Percentage Achievement Overall, Percent (0% (0% (0% (0% of (0% 4- of to to to to students to year students 100%) 100%) 100%) 100%) who 100%) graduation eligible pass rate to high earn school college EOC credit assessments through & AP, industry IB, certification AICE, dual enrollment, or earn industry certification

Learning Learning (0% (0% Gains Gains to to (0% (0% 100%) 100%) to to 100%) 100%)

Learning Learning Gains Gains of of Low Low 25% 25% (0% (0% to to 100%) 100%) [FN73]

Schools with a combination of grade groups (combination schools), such as K-8 or 6-12, have a school grades calculation that is based on the components that are applicable based on the grade groups served by the school. By example, a school that serves students in K-8 would have a school grade calculation based on the basic model plus the middle grades components but not the high school components, for a total of 900 possible points. A school's grade must include only those components for which at least 10 students have complete data. If a school does not meet the 10-student threshold for a component, it will receive a school grade based only on the remaining components. [FN74] School Recognition The Florida School Recognition Program was created in 1997 to recognize the “outstanding faculty and staff in highly productive [public] schools.” [FN75] The program provides public recognition and financial awards to schools sustaining high student performance or schools that demonstrate exemplary improvement in student performance. [FN76] Funds were first awarded to eligible schools in the 1999-2000 school year. [FN77] Public schools, including charter schools, that receive a school grade of “A,” improve at least one letter grade from the prior year, or improve more than one letter grade and sustain the improvement the following year are eligible for awards. [FN78] In addition, alternative schools that maintain a “commendable” rating or improve at least one improvement- rating level are also eligible for awards. [FN79] Financial awards may be used for: • Nonrecurring bonuses for faculty and staff; • Nonrecurring expenditures for educational equipment or materials; or • Temporary personnel to assist in maintaining and improving student performance. [FN80] Although the law provides recognition in the form of publicly reported school grades and financial incentives through the School Recognition Program, the law does not provide consistently, highly successful schools any relief from prescriptive state- or district-level regulations that may hinder a school from implementing additional, effective practices that further improve student outcomes. Effect of Proposed Changes The bill establishes the Schools of Excellence Program to provide administrative flexibility to the state's highest performing schools. The bill requires the SBE to designate a school as a School of Excellence when the school's percentage of possible points earned in its school grades calculation is in the 80 th percentile or higher for schools within the same grade group (elementary schools, middle schools, high schools, or combination schools) for 2 of the last 3 school years. In order to qualify, the school must have data for each school grades component for its grade group. Under the bill, a school retains its designation as a School of Excellence for 3 years so long as it does not receive a school grade lower than a “B” during that span. The school may renew its designation for another 3 years if it remains in the 80 th percentile or higher for 2 of the 3 years and does not receive a grade lower than a “B” in any of the years. The bill provides that a School of Excellence that receives a grade lower than “B” may not continue to be designated as a School of Excellence and loses its administrative flexibility during the remainder of the 3-year period. The bill provides the following administrative flexibilities to a School of Excellence: • Exemption from any provision in law or rule that expressly requires a minimum period of daily or weekly instruction in reading

• The same autonomy over personnel and budgetary decisions for the school's principal as provided to principals participating in the Principal Autonomy Pilot Project Initiative • Exemption from district-set starting and stopping times for the school day • Calculation for compliance with maximum class size at the school level rather than the classroom level In addition, the bill allows a teacher to substitute 1 school year of employment at a School of Excellence for 20 inservice points toward the renewal of their professional certificate. [FN81] The provision allows the teacher to earn up to 60 inservice points out of the 120 points required to renew a professional educator certificate at the end of the 5-year certification cycle. The bill provides that the principal of a School of Excellence may still require instructional personnel to participate in professional development implemented by the school. Early Warning Systems Present Situation Currently, schools with a 6th, 7th or 8th grade class must implement an early warning system (EWS) to identify students who need additional support to improve academic performance. The EWS must include the following early warning indicators: • Attendance below 90 percent • One or more suspensions • Course failure in English language arts or math • A Level 1 score on the statewide, standardized assessment in English language arts or math. • Additional indicators deemed appropriate by the school district. The schools' child study team or a school-based team must convene to determine appropriate intervention strategies when a student exhibits two or more early warning indicators. The school must provide 10 days' written notice of the meeting to the parent. The notice must include the meeting's purpose, time and location and provide the parent the opportunity to participate. [FN82] Schools with a 6th, 7th or 8th grade class must include data and information in its school improvement plan regarding the schools early warning system. The information must include: • a list of the early warning indicators used; • the number of students who have two or more early warning indicators; • the number of students in each grade that exhibits each early warning indicator; and • a description of all intervention strategies used to improve academic performance of students identified by the early warning system. The school must also describe in its school improvement plan the strategies used by the school to implement the instructional practices for middle grades emphasized by the district's professional development system. [FN83] Effect of Proposed Changes The bill expands the use of an EWS from schools with a 6th, 7th or 8th grade class to schools that serve any students in kindergarten through grade 8. The bill clarifies that the EWS indicator that identifies a course failure in English language arts or math must be for any grading period and includes a substantial reading deficiency for a kindergarten through grade 3 student as an EWS indicator. The bill requires a school-based team, rather than a “child study team,” to be responsible for monitoring EWS data and to implement appropriate intervention strategies for a student who exhibits two or more early learning indicators unless the student is already being served by an intervention program. The team may include a school psychologist. Because not all schools are required to implement a school improvement plan, the bill eliminates the requirement that a school's improvement plan include middle grades EWS data and related information. [FN84] Charter School Applications Present Situation Charter schools are nonsectarian, public schools that operate under a performance contract with a sponsor. This performance contract is known as a “charter.” [FN85] The charter exempts the school from many regulations applicable to traditional public schools to encourage the use of innovative learning methods. [FN86] One of the guiding principles

of charter schools is to “meet high standards of student achievement while providing parents flexibility to choose among diverse educational opportunities within the state's public school system.” [FN87] An application for a new charter school may be made by an individual, teachers, parents, and a group of individuals, a municipality or a legal entity organized under Florida law. [FN88] The school must be operated by a FCS institution, municipality or nonprofit organization. While a charter school must be a public or nonprofit entity, it may be managed by a for-profit education management organization. [FN89] A district school board may sponsor a charter school in the county over which the district school board has jurisdiction. [FN90] A person or entity seeking to open a charter school must submit an application using the model application form prepared by the DOE. [FN91] A sponsor must receive and review all charter school applications using an evaluation instrument developed by the DOE. The deadline for submission of charter school applications is August 1 of each year for schools to be opened the following year. An applicant may submit a draft charter school application on or before May 1 with an application fee of $500. If a draft application is timely submitted, the sponsor must review and provide feedback as to material deficiencies in the application by July 1. The applicant then has until August 1 to resubmit a revised and final application. The sponsor may approve the draft application. [FN92] Effect of Proposed Changes The bill revises the date a sponsor must receive all charter school applications from August 1, to February 1, beginning in 2018, for a charter school to open 18 months later or at a time agreed to by the applicant and the sponsor. The bill removes the provision allowing a charter school applicant to submit a draft application to a sponsor for review. [FN93] The bill increases the amount of time the sponsor has to approve or deny an application from 60 to 90 days. Charter School Contracts Present Situation Once an application is approved, the major issues involving the operation of a charter school, which are outlined in current law, must be considered in advance and written into the charter. The DOE, through state board rule, created a standard charter contract in consultation with both school districts and charter schools. Effect of Proposed Changes The bill requires the sponsor and the charter school governing board to use the standard charter contract which incorporates the approved application and any addenda approved with the application. The parties may negotiate the terms of the contract, but any term or condition of a proposed contract that differs from the standard contract shall be presumed a limitation on charter school flexibility. The sponsor must notify a charter school if it intends not to renew a contract and provide the charter school with a hearing. Other Provisions Relating to Charter Schools The bill also: • clarifies when the controlled open enrollment process applies to charter schools; • clarifies that charter schools and their governing boards are subject to the same waiver of sovereign immunity in tort actions as the state, state agencies and or subdivisions and expressly prohibits this provision for any for-profit entity contracted by the charter school or its governing body; • revises the definition of “public school prekindergarten provider” to include a charter school; and • removes the requirement that an eligible dual enrollment program be located and chartered in Florida and revises eligibility requirements for postsecondary institutions to participate in dual enrollment by requiring that the institution be accredited by any regional or national accrediting agency recognized by the U.S. DOE rather than only the Commission of Colleges of the Southern Association of Colleges and Schools or the Accrediting Council for Independent Colleges and Schools. High-Performing Charter Schools Present Situation A high-performing charter school is a charter school that during each of the three previous years: • earned at least two school grades of “A” and no school grade below “B;” • has received an unqualified opinion on each annual financial audit; and • has not received an annual financial audit that reveals a financial emergency condition. [FN94]

A high-performing charter school may, in any school district in the state, submit an application to establish a new charter school that replicates its educational program. The application must indicate that the charter school is “high- performing” and include the commissioner's eligibility letter. [FN95] Such applications may only be denied under certain circumstances. [FN96] A high-performing charter school may only establish one charter school a year. A subsequent application to establish a charter school may only be submitted when each charter school established through replication achieves high-performing charter school status. [FN97] If the sponsor denies an application submitted by a high-performing charter school, the sponsor must, within 10 calendar days after such denial, state in writing the specific reasons supporting the denial and must provide the letter of denial and supporting documentation to the applicant and to the DOE. The applicant may appeal the sponsor's denial of the application directly to the SBE. [FN98] Effect of Proposed Changes The bill allows a high-performing charter school to establish more than one charter school a year only if it chooses to operate in and serve students from a persistently low-performing school. The bill provides a high-performing charter school whose application has been denied a hearing by requiring that an appeal of such denial be brought before the Charter School Appeals Commission. The commission will make a recommendation to the SBE in accordance with current law. High-Performing Charter Schools Systems Present Situation A high-performing charter school system is an entity that: • operated at least three high-performing charter schools in the state during each of the previous 3 school years; • operated a system of charter schools in which at least 50 percent of the charter schools were high-performing charter schools and no charter school earned a school grade of “D” or “F” in any of the previous 3 school years regardless of whether the entity currently operates the charter school, with specified exceptions; and • did not receive a financial audit that revealed one or more of the financial emergency conditions for any charter school assumed or established by the entity in the most recent 3 fiscal years for which such audits are available. [FN99] A high-performing charter school system may replicate its high-performing charter schools using the current application process outlined in law. [FN100] Effect of Proposed Changes The bill clarifies that a high-performing charter school system may replicate a school in any district in the state and establishes a streamlined standard application form for replicating charter schools by a high-performing charter school system. The bill requires the standard application form for replicating charter schools by a high-performing charter system to: • contain goals and objectives for improving and measuring student learning, including the expected amount of student yearly academic improvement, methods for evaluating success and the specific results to be attained through instruction; • contain an annual financial plan for each year requested by the charter for operation of the school for up to 5 years; • disclose the name of each applicant, governing board member and all proposed education services providers, the name and sponsor of any charter school operated by each applicant, each governing board member and each proposed education services provider that has closed and the reasons for the closure and the academic and financial history of such charter schools, which the sponsor shall consider in deciding whether to approve or deny the application. The bill requires the review, approval, denial and appeals process for high-performing replication applications to comply with current processes in law. Charter School Cooperatives Present Situation The law authorizes charter schools to enter into cooperative agreements with other charter schools to provide planning and development, direct instructional services, and contracts with charter school governing boards to provide personnel administrative services, payroll services, human resource management, evaluation and assessment services, teacher preparation, and professional development. [FN101] Effect of Proposed Changes

The bill deletes the list of specific services that cooperative agreements may provide and instead allows charter schools to enter into cooperative agreements to further any educational, operational or administrative purposes in which participating charter schools share common interests. This change expands the ability of charter schools to collaborate and pool resources for shared objectives. Charter School Funding Present Situation Charter schools are funded through the Florida Education Finance Program (FEFP) the same as traditional public schools based on the number of students. Each charter school reports student enrollment to its sponsor [FN102] for inclusion in the district's report of student enrollment. [FN103] The following chart summarizes how a charter school's share of FEFP funds is determined: Calculating a Charter School's Share of FEFP Funds [FN104] Sum of the school district's operating funds from the FEFP as provided in s. 1011.62, F.S., and the General Appropriations Act, including the district's gross state and local funds, discretionary lottery funds, and funds from the district's current operating discretionary tax levies. ÷ The total funded weighted full-time equivalent (FTE) students in the district. × The weighted FTE students for the charter school. A charter school is also entitled to receive its proportionate share of categorical funds included in the FEFP for students who qualify for the categorical. [FN105] Categorical funds must be spent for specified purposes, which include student transportation, safe schools, supplemental academic instruction, research-based reading, instructional materials, digital classrooms, classroom supplies and class-size reduction operating funds. [FN106] Sponsors are prohibited from requiring charter schools to adopt the school district's reading curriculum as a condition of receiving the research-based reading allocation. [FN107] Effect of Proposed Changes The bill authorizes a nonprofit organization or municipality that operates a charter school to use unrestricted surplus or unrestricted net assets from that school for K-12 educational purposes in other schools they operate in the district. The bill also deletes language regarding federal funds that conflicts with federal requirements for the distribution of such funds. Charter School Sponsor Services and Fees Present Situation A sponsor must provide various administrative services to charter schools in their district including contract management; FTE and student achievement data reporting; exceptional student education program administration; eligibility and reporting for federal school lunch programs; test administration, including payment of the costs of state- or school district-required assessments; processing of teacher certification data and student information services. [FN108] As compensation for services provided, a sponsor may withhold an administrative fee of up to 5 percent of each charter school's total operating funds, based upon weighted FTE students. [FN109] A sponsor may only withhold the administrative fee for the first 250 students enrolled in each charter school. [FN110] A sponsor may withhold a 5 percent administrative fee for the first 500 students enrolled within a system of charter schools if the system: • includes both conversion charter schools and nonconversion charter schools; • has all schools located in the same county; • has a total enrollment exceeding the total enrollment of at least one school district in the state; • has the same governing board; and • does not contract with a for-profit service provider for management of school operations. [FN111] If the system meets these criteria and also qualifies for high-performing charter school system status, it may receive a reduction in the administrative fees from 5 percent to 2 percent for enrollments up to and including 500 students per system. [FN112] The total administrative fee for high-performing charter schools is up to 2 percent for enrollment up to and including 250 students per school. [FN113] When 75 percent or more of the students enrolled in the charter school are exceptional students, including gifted students, the 5 percent administrative fee is calculated based upon unweighted FTE students. [FN114] For virtual charter schools, the sponsor may withhold a fee of up to 5 percent of the school's total operating funds; however, the

fee must be used to cover the cost of sponsor-provided services and for implementation of the school district's digital classrooms plan. [FN115] Sponsors are prohibited from imposing additional fees or surcharges for services provided. [FN116] Effect of Proposed Changes The bill specifies language regarding administrative fees for charter schools, high-performing charter schools and charter school systems and removes the restrictions on eligible expenditures of the funds resulting from the difference between the total calculated amount of administrative fees and the amount the district may withhold. The bill also requires charter schools to annually complete and submit a survey to rate the timeliness and effectiveness of administrative services provided by sponsors. The Department of Education must develop and administer the survey, compile the results by district and include them in the annual authorizer report. Public Information on Charter Schools Present Situation The DOE must annually provide a statewide analysis and comparison of charter school students and traditional public school students, as measured by the statewide assessment program and information reported in each school's annual progress report. [FN117] The DOE's analysis compares the overall performance of charter school and traditional public school students and that of student subgroups, e.g., demographics, low income and students with disabilities. Comparison data must also be broken down by the following grade groupings: • Grades 3 through 5 • Grades 6 through 8 and • Grades 9 through 11. [FN118] The report contains 77 separate comparisons of student achievement. In 65 of the 77 comparisons, students enrolled in charter schools demonstrated higher rates of grade level performance. In addition, the achievement gap was lower for charter school students in 20 of the 22 comparisons. [FN119] Effect of Proposed Changes The bill removes the provision that charter school student performance data be compared to student performance data of traditional public schools. This is because the original reporting requirement applied only to charter schools that had at least 10 students with test scores but fewer than the 30 students necessary for a school grade (based on state law prior to 2014). This population of charter schools now receives a school grade, [FN120] rendering the original purpose of the report moot. Local Educational Agency Status Present Situation A system of charter schools may serve as a local education agency (LEA) [FN121] if the governing board adopts and files a resolution with its sponsor and the DOE in which the governing board accepts the full responsibility for all LEA requirements and the system of charter schools: • includes both conversion charter schools and nonconversion charter schools; • has all schools located in the same county; • has a total enrollment exceeding the total enrollment of at least one school district in the state; • has the same governing board; and • does not contract with a for-profit service provider for management of school operations. [FN122] Effect of Proposed Changes The bill revises LEA eligibility status by removing the requirements that a system of charter schools include both conversion charter schools and nonconversion charter schools and the system does not contract with a for-profit service provider for management of school operations. The bill also allows a charter school system's governing board to be designated as an LEA for purposes of receiving federal funds for all schools within a school district that are established under a turnaround option pursuant to s. 1008.33 and are under the jurisdiction of the governing board. School Grades and School Improvement Ratings Present Situation

School grades are used to explain a school's performance in a familiar, easy-to-understand manner for parents and the public. [FN123] School grades are also used to determine whether a school must select or implement a turnaround option [FN124] or whether a school is eligible for school recognition funds as appropriated by the Legislature. [FN125] An alternative school may opt for a school improvement rating instead of a school grade. [FN126] The school improvement rating is calculated using student learning gains on statewide, standardized English language arts and Math assessments for all eligible students who are enrolled in the school and who have assessment scores or comparable scores for the preceding school year. [FN127] Schools that improve their ratings by at least one level or maintain a “commendable” rating are eligible for school recognition awards. [FN128] The school improvement rating identifies an alternative school as having one of the following ratings: • Commendable: a significant percentage of the students attending the school are making learning gains • Maintaining: a sufficient percentage of the students attending the school are making learning gains • Unsatisfactory: an insufficient percentage of the students attending the school are making learning gains [FN129] Current law requires that the student performance data for eligible students attending alternative schools that provide dropout prevention and academic intervention are included in the calculation of the home school's grade. [FN130] Likewise, student performance data for eligible students in Exceptional Student Education (ESE) Centers are included in the calculation of the home school grade. [FN131] Effect of Proposed Changes The bill requires a high school to include in its graduation rate a student who transfers from the high school to a private school with which the school district has a contractual relationship. The bill also allows the use of concordant scores, in addition to assessment scores or comparable scores, in determining an alternative school's school improvement rating. Charter School Facilities Present Situation Current law prohibits local governing authorities from adopting or imposing any local building requirements or site-size criteria that are addressed by and more stringent than those found in the State Requirements for Education Facilities (SREF) of the Florida Building Code. [FN132] In addition, any facility or portion of a facility, used to house a charter school is exempt from ad valorem taxes, and specified entities, including a library, community service, museum, performing arts, theatre, cinema, church, FCS institution, college, and university may provide space to charter schools within their facilities under their preexisting zoning and land use designations. [FN133] Effect of Proposed Changes The bill clarifies that the entities listed above may provide space to charter schools, and the charter school shall not have to obtain any special exception, rezoning, or land use change. The bill also specifies that a local governing authority may not adopt or impose any student enrollment or occupant load requirements that are more stringent than those addressed by the SREF. College-Preparatory Boarding Academy Present Situation In 2011, the Legislature created the College-Preparatory Boarding Academy Pilot Program for the purpose of providing unique educational opportunities to dependent or at-risk children who are academic underperformers but who have the potential to progress from at-risk to college-bound. [FN134] An “eligible student” is a student who: • is a resident of the state and entitled to attend school in a participating school district; • is at risk of academic failure; • is currently enrolled in grade 5 or 6; • is from a family whose gross income is at or below 200 percent of the federal poverty guidelines; • is eligible for benefits or services funded by Temporary Assistance for Needy Families (TANF) or Title IV-E of the Social Security Act; and • meets at least one of the following additional risk factors: • The child is in foster care or has been declared an adjudicated dependent by a court • The student's head of household is not the student's custodial parent

• The student resides in a household that receives a housing voucher or has been determined eligible for public housing assistance A member of the student's immediate family has been incarcerated The child is covered under the terms of the state's Child Welfare Waiver Demonstration project with the United States Department of Health and Human Services [FN135] Effect of Proposed Changes The requirement that a student be currently enrolled in grade 5 or 6 limits the operator from enrolling students in another grade level, even if a space is available. The bill revises this requirement and allows any student currently enrolled in grades 5-12 to be eligible to enter the program, if the operator determines that a seat is available. Charter School Capital Outlay Present Situation Funding for charter school capital outlay is primarily provided by state funds when such funds are appropriated in the General Appropriations Act. Section 1013.62, Florida Statutes, describes charter school eligibility for capital outlay funding, how such funds must be allocated, and allowable capital outlay funding uses. To be eligible for charter school capital outlay funding, a charter school must: • have been in operation for at least three years and: • be governed by a governing board established in Florida for three or more years which operates both charter schools and conversion charter schools within the state; • be part of an expanded feeder chain [FN136] with an existing charter school in the district that is currently receiving charter school capital outlay funds; • be accredited by the Commission on Schools of the Southern Association of Colleges and Schools; or • serve students in facilities that are provided by a business partner for a charter school-in- the-workplace; • have an annual audit that does not reveal any of the financial emergency conditions provided in s. 218.503(1), Florida Statutes, for the most recent fiscal year for which such audit results are available; • have satisfactory student achievement based upon the state accountability standards applicable to charter schools; [FN137] • have received final approval from its sponsor pursuant to s. 1002.33, Florida Statutes, for operation during that fiscal year; and • serve students in facilities that are not provided by the charter school sponsor. [FN138] Capital outlay funds may be used by a charter school's governing board for the: • purchase of real property; • construction of school facilities; • purchase, lease-purchase, or lease of permanent or relocatable school facilities; • purchase of vehicles to transport students to and from the charter school; • renovation, repair, and maintenance of school facilities that the charter school owns or is purchasing through a lease-purchase or long-term lease of five years or longer; • purchase, lease-purchase, or lease of new and replacement equipment, and enterprise resource software applications; [FN139] • payment of the cost of premiums for property and casualty insurance necessary to insure the school facilities; and • purchase, lease-purchase, or lease of driver's education vehicles, motor vehicles used for the maintenance or operation of plants and equipment, security vehicles, or vehicles used in storing or distributing materials and equipment. [FN140] Beginning in Fiscal Year 2016-2017, charter schools receive a weight of 1.0 per FTE student, with an additional weight for schools that meet one or both of the following criteria: • 75 percent or more of the school's students are eligible for free or reduced-price lunch • 25 percent or more of the school's students are students with disabilities Schools that meet only one of the above criteria receive capital outlay funding weighted at 1.25. Schools that meet both criteria receive capital outlay funding weighted at 1.5. Eligible schools that do not meet either of the criteria receive capital outlay funding weighted at 1.0.

In the most recent five fiscal years, the Legislature appropriated the following charter school capital outlay funds:

Fiscal Year Appropriation Total Charter Schools Funded

2012-13 $55.2 million [FN141] 432

2013-14 $90.6 million [FN142] 473

2014-15 $75.0 million [FN143] 487

2015-16 $50.0 million [FN144] 535

2016-17 $75.0 million [FN145] 556

In addition to the appropriated state funds for charter school capital outlay, the law authorizes, but does not require, school districts to share the discretionary 1.5 mills revenue with charter schools. [FN146] At least three school districts, Franklin, Sarasota, and Sumter, have shared revenue generated from the discretionary 1.5 millage with charter schools within their districts [FN147]; however, it is unknown the extent school districts currently share such revenue as the Department of Education does not collect this data. Effect of Proposed Changes The bill specifies that both district schools and charter schools are eligible for the revenue generated from the discretionary 1.5 millage authorized by state law. The bill also provides that charter school capital outlay funding consists of both revenue from the discretionary millage and state funds when such funds are appropriated. The bill revises eligibility requirements for charter school capital outlay funds by specifying that the school must be accredited by a regional accrediting association as defined in state board rule, rather than by the Commission on Schools of the Southern Association of Colleges and Schools only. The bill also establishes a calculation methodology for the DOE to use to determine the amount of the discretionary 1.5 millage revenue a school district must distribute to each eligible charter school. The bill adds as allowable uses of capital outlay funds the purchase or lease of computer hardware necessary for gaining access to electronic content or to serve purposes specified in the charter schools and non-charter public schools digital classrooms plan. Charter schools are also aligned with non-charter public schools to allow payment of the cost of the opening day collection for the library media center of a new school. Equity in School Level Funding Present Situation Title I, Part A of the Elementary and Secondary Education Act, provides financial assistance to LEAs and schools with high numbers or high percentages of children from low-income families to help ensure that all children meet challenging state academic standards. Federal funds are currently allocated through four statutory formulas that are based primarily on census poverty estimates and the cost of education in each state. [FN148] In the 2014-2015 school year, Florida school districts received approximately $858 million in Title I funds. Of the $858 million, 48 percent was reserved at the district level for district-wide activities and administration. In the 2014-2015 school year, at more than half of all Florida school districts, a larger percentage of Title I Part A dollars were reserved at the district level for administration and district-wide activities than was allocated to participating public schools. Also, more money was allocated to Title I schools than was reserved at the district level at 75% of all LEAs with no “D” and “F” schools. [FN149] Effect of Proposed Changes The bill requires school districts to provide Title I funds directly to all eligible schools and limits the amount of Title I funds that a district may withhold as follows: • One percent for parent involvement • A necessary and reasonable amount for administration not to exceed eight percent • A reasonable and necessary amount to provide:

• homeless programs; • delinquent and neglected programs; • prekindergarten programs and activities; • private school equitable services; and • transportation for foster care children to their school of origin or choice program. The bill also provides that, after providing Title I funds to schools above the 75 percent poverty threshold, the district shall distribute all remaining Title I funds to all eligible schools in accordance with federal law and regulation. The threshold for identifying eligible schools may not exceed the threshold established by a school district for the 2016-2017 school year or the statewide percentage of economically disadvantaged students, as determined annually. Schools may participate in district-wide or district sponsored initiatives by paying a proportionate share of Title I funds to the school district. The bill enables school-level administrators to determine the best use of the funds to serve the students at their schools. Of the 7 percent of Title I funds that must be set aside for school improvement, 95 percent must be awarded to districts through either a formula or competive approach or some combination thereof. The remaining 5 percent would be used primarily to support DA regional activities as it is, currently. [FN150] TABULAR OR GRAPHIC MATERIAL SET FORTH AT THIS POINT IS NOT DISPLAYABLE Statewide, Standardized Assessments Present Situation Assessments and Assessment Schedules Florida's statewide assessment program is used to measure the extent to which students have mastered Florida's Next Generation Sunshine State Standards (NGSSS). [FN151] It includes statewide, standardized grade level assessments for ELA (grades 3-10) and mathematics (grades 3-8); end-of-course (EOC) assessments for Algebra I, Algebra II, Geometry, Biology I, Civics, and U.S. History; the Statewide Science Assessment (grades 5 and 8); [FN152] and alternate assessments for students with significant cognitive disabilities. [FN153] The grade-level English language arts (ELA) and mathematics assessments and Algebra I, Geometry, and Algebra II EOC assessments are referred to as the Florida Standards Assessments (FSA). EOC assessments count as 30 percent of a student's final course grade. [FN154] Results from the assessments are used to calculate school grades and school improvement ratings [FN155] and determine student readiness for promotion to 4 th grade and high school graduation. [FN156] In addition, school districts use student performance data from the assessments in the performance evaluations for instructional personnel and school administrators. [FN157] Florida and federal law both require that all public school students annually participate in statewide, standardized ELA and mathematics assessments beginning in the 3 rd grade. [FN158] Federal law requires that students participate in a standardized science assessment at least once in grades 3 through 5, 6 through 9, and 10 through 12. [FN159] The requirements for students in Florida are as follows: [FN160] • ELA • Grades 3-10: annual participation in the FSA-ELA • Math • Grades 3-8: annual participation in the mathematics FSA • High school: # Algebra I EOC and Geometry assessments # (If enrolled) Algebra II EOC assessment • Science • Grades 5 and 8: Statewide Science Assessment • High school: Biology I EOC assessment • Social Studies • Middle school: Civics EOC assessment • High school: U.S. History EOC assessment By August of each year, the Commissioner of Education must publish a uniform assessment calendar on the DOE website that includes assessment and reporting schedules for the next 2 school years. [FN161] Results for all statewide,

standardized assessments, including EOC assessments, must be made available no later than the week of June 8. School districts must administer the assessments in accordance with the assessment schedule established by the commissioner. [FN162] The assessment calendar consists of testing windows, or the range of dates during which districts and schools may choose to administer a given assessment. [FN163] Inside of the state window, districts establish their own windows during which the district will administer a given assessment.

Spring 2017 Assessments (Regular Administration) [FN164]

February 27-March 3, 2017 Grades 4-7 English Language Arts - Writing

February 27-March 10, 2017 Grades 8-10 English Language Arts - Writing

March 27-April 7, 2017 Grade 3 English Language Arts - Reading

April 10-May 12, 2017 Grades 4-10 English Language Arts - Reading

Grades 3-8 Mathematics

April 17-May 12, 2017 Algebra I, Geometry, Algebra II EOC Assessments

April 17-May 19, 2017 Biology I, Civics, U.S. History EOC Assessments

May 1-5, 2017 Grades 5 & 8 Science

Computer-Based Testing The law has required the gradual transition to computer-based assessments beginning with the 2015-2016 school year. [FN165] Currently, all assessments, except the 3 rd grade ELA assessment, the writing portion of the ELA assessment for grades 4 through 7, and the grades 5 and 8 science assessments, are administered on computers. The 3 rd grade ELA assessment will be administered as a computer-based test beginning with the 2017-2018 school year. [FN166] A student may take a paper-based assessment if indicated by his or her individual education plan as a necessary accommodation. [FN167] Windows for EOC assessments are longer than windows for comprehensive, grade-level tests to allow more flexibility for middle schools and high schools to administer the assessments. [FN168] Use of computer-based testing provides for a shorter scoring process but requires a longer testing window based on the available facilities and testing devices at each participating school. The writing portion of the ELA assessment includes hand scoring by human graders. This requires the window to open earlier than other assessment windows so that scores can be calculated in time to meet statutory deadlines. [FN169] The 3 rd grade ELA assessment is also administered earlier so that decisions related to 4 th grade promotion can be made prior to the completion of the school year. Graduation Requirements To graduate from high school with a standard high school diploma, a student must successfully complete 24 course credits and participate in EOC assessments for Algebra I, Geometry, Biology, and U.S. History. Students must also participate in 9 th and 10 th grade statewide, standardized assessments for ELA. Students must pass the Algebra I EOC assessment and the 10 th grade statewide, standardized ELA assessment, or earn a concordant or comparative score on the SAT, ACT, or PERT, as applicable, to graduate. Other Requirements

In addition, school districts must participate in national and international comparison assessments, such as the National Assessment of Educational Progress (NAEP), [FN170] Trends in International Mathematics and Science Study, Program for International Student Assessment, Progress in International Reading Literacy Study, and International Computer and Information Literacy Study. [FN171] All Students with disabilities, except for students with an approved medical complexity or extraordinary exemption waiver, must participate in the statewide, standardized assessments. [FN172] Students with significant cognitive disabilities may be eligible to take the Florida Standards Alternate Assessment, which measures student academic performance on the state's academic standards using access points. [FN173] Reporting Student Assessment Results The law requires that state assessment contracts entered into or renewed after April 14, 2015, must provide for a student's performance on state assessments to be provided to the student's teachers and parents by the end of the school year, unless the Commissioner of Education determines that extenuating circumstances exist and reports the circumstances to the SBE. [FN174] The law also requires that assessment and reporting schedules must provide the earliest possible reporting of student assessment results to school districts. [FN175] The law does not specify what information must be included when assessment results are provided to teachers or parents; however, sample reports are currently provided on the DOE website. [FN176] The report for the 3 rd grade ELA assessment includes the achievement level the student earned on the assessment, the number of points possible and points earned in each “reporting category,” and the percentage of students in the school, district, and state at each achievement level for the assessment. [FN177] Effect of Proposed Changes The bill reduces state assessment requirements by eliminating the Algebra II EOC assessment. As a result, students seeking a Scholar Designation on their high school diploma will no longer be required to pass the assessment beginning with the 2017-2018 school year. The bill requires the statewide, standardized ELA and mathematics assessments for grades 3 through 6 to be delivered in a paper-based format beginning with the 2017-2018 so that all such assessments are paper based by the 2018-2019 school year. As a result of this change, the grade 3 ELA assessment will remain paper based for the 2017-2018 school year and the assessments for grades 4 through 6 will be paper based no later than the 2018-2019 school year. The bill revises the timeline for administering statewide, standardized assessments as follows: • The grade 3 statewide, standardized ELA assessment and the writing portion of the statewide, standardized ELA assessments for grades 4 through 10 must be administered within a 2-week assessment window that opens no earlier than April 1 each year • Any other paper-based statewide, standardized assessment must be administered within a 2-week assessment window that opens no earlier than May 1 each year • Any other computer-based statewide, standardized assessment must be administered within a 4-week assessment window that opens no earlier than May 1 each year The bill requires school districts to administer the assessments associated with a May 1 assessment window no earlier than 4 weeks before the last day of school for the district. In effect, this will require the last 4 weeks of a school district's school year to overlap with the May 1 assessment windows to the extent necessary for all assessments in the district to be administered. This does not require the last 4 weeks of the school year to start with the May 1 assessment window; rather, school districts will have the flexibility to adjust their last day of school to provide sufficient time, based upon the district's capacity and needs, to administer these assessments within their respective assessment windows. The bill requires that assessment results for the grade 3 statewide, standardized ELA assessment be made available no later than May 31. The bill moves the date by which all other statewide assessment results must be made available from the week of June 8 to no later than June 30 of each year in order to allow time for scoring to be completed under the later assessment windows in the bill. The bill moves the date by which the commissioner must post the uniform assessment calendar to the DOE website from August to January of each year. This will provide school districts additional time to establish their respective assessment calendars for the next two school years.

The bill requires that the results of the statewide, standardized ELA and mathematics assessments, including retakes, be reported in an “easy-to read and understandable” format and delivered in time to provide useful, actionable information to students, parents, and to each student's current teacher and the student's teacher of record for the subsequent school year. In any case, each school district must provide the report within 1 week after receiving the results from the DOE. The report must include, at a minimum: • a clear explanation of the student's performance on the applicable assessments; • information identifying the student's areas of strength and areas in need of improvement; • specific actions that may be taken, and the available resources that may be used, by the student's parent to assist the student based on his or her areas of strength and areas in need of improvement; • longitudinal information, if available, on the student's progress in each subject area based on previous statewide, standardized assessment data; • comparative information showing the student's score compared to other students in the school district, in the state or, if available, in other states; and • predictive information, if available, showing the linkage between the scores attained by the student on the statewide, standardized assessments and the scores he or she may potentially attain on nationally recognized college entrance examinations. High School State Assessments Present Situation The Every Student Succeeds Act (ESSA) [FN178] is a federal law that reauthorized and substantially revised the Elementary and Secondary Education Act of 1965 (ESEA). ESSA is the successor to the No Child Left Behind Act of 2001 (NCLB). [FN179] Like its predecessors NCLB and ESEA, the goal of ESSA is to improve elementary and secondary education in public schools by conditioning the receipt of federal funds on the implementation of federal requirements. In order to receive Title I funds under ESSA, states must implement a statewide accountability system for K-12 public schools. ESSA also offers competitive and noncompetitive grant funds for teacher and school leader development, family engagement, student support, weighted per-pupil funding, and the development of innovative student progression systems and assessment formats. ESSA requires each state receiving Title I funds to submit a plan that includes: • challenging academic standards for reading or language arts (ELA) and math; [FN180] • high quality assessments in ELA, math, and science; [FN181] • long-term goals for all students and student subgroups [FN182] in the state, including measurements of interim progress toward meeting the goals; [FN183] • multiple indicators of student success and school quality, [FN184] including: • academic achievement as measured by statewide assessments in ELA and math; • a 4-year graduation rate for high schools; • for elementary and middle schools, student growth or another academic indicator; • progress of English learners [FN185] (EL) toward English proficiency; and • an additional indicator of school quality or student success; • annual meaningful differentiation (i.e., levels of performance) based on the system's indicators; [FN186] and • identification of schools, based on annual meaningful differentiation that requires comprehensive support and improvement or targeted support for specific student subgroups. [FN187] ESSA also requires each state and each local school district to annually publish a report card that provides information on student success, school quality, per-pupil funding, the progress of ELs toward English proficiency, and, for the state, progress toward its long-term goals. [FN188] These states must also implement high quality standardized assessments for all students, including: • annual ELA and math assessments for all students in grades 3-8; • at least one ELA and one math assessment in high school; and • at least one science assessment during grades 3 through 5, 6 through 9, and 10 through 12. [FN189] With respect to high school assessments, ESSA states that “[n]othing in this paragraph shall be construed to prohibit a local education agency [at the state's discretion and upon state approval] from administering a locally selected

assessment in lieu of the State-designated” high school ELA, math, or science assessments. [FN190] However, any such assessment must: [FN191] • be approved by the state; • be nationally recognized; • be aligned to the state's academic standards; • address the depth and breadth of such standards; • be equivalent in its content coverage, difficulty, and quality to the state assessments; • provide comparable, valid, and reliable data on academic achievement, as compared to the state assessment, for all students and for each subgroup of students, with results expressed in terms consistent with the state's academic achievement standards (i.e., Level 1, Level 2, etc.); • meet the same technical requirements as the state assessments; and provide unbiased, rational, and consistent differentiation between schools within the state in order to meet the requirements of the state accountability system. Some states, including Wisconsin and Wyoming, have submitted plans to use the ACT as the high school assessment for accountability purposes. [FN192] However, the U.S. Department of Education, as part of the peer review process for approving state plans, notified both states that they cannot receive approval to use the assessment until they submit substantial additional evidence, including documentation of independent alignment studies to show the assessments are aligned to the states' standards, to support its use. [FN193] The U.S. Department of Education also asked for additional evidence to show that different student subgroups would not be disadvantaged in taking the ACT and that accommodations for students with disabilities are appropriate, effective, do not alter the construct being assessed, and allow meaningful interpretations of results and comparison of scores. [FN194] Effect of Proposed Changes The bill requires the commissioner to contract for an independent study to determine whether the SAT and ACT may be administered in lieu of the grade 10 statewide, standardized ELA assessment and the Algebra I EOC assessment consistent with the provisions of ESSA. The commissioner must submit a report with the results of the review and any recommendations to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the SBE by January 1, 2018. Publication of Assessment Items Present Situation All examination and assessment instruments, including work papers and developmental materials, are confidential and exempt from disclosure under Florida's public records laws. [FN195] Provisions governing access, maintenance, and destruction of such instruments and materials are prescribed in rule by the SBE. [FN196] Per general practice, once a test or test item is released, the test items may not be reused in order to maintain assessment validity. [FN197] From 2005 to 2007, the DOE released FCAT assessments as follows: • Grades 4, 8, and 10 Reading and Mathematics in 2005; • Grades 3, 7, 9 and 10 Reading and Mathematics in 2006; • Grades 5 and 6 Reading and Mathematics, and Grade 8 Science; and • for the FCAT Writing and FCAT 2.0 Writing assessment, the DOE released the prompts and student responses. [FN198] According to the DOE, budgetary constraints ended the practice beginning in 2008. [FN199] In order to reduce costs, the DOE licenses FSA test items from the current test developer, American Institutes for Research, and does not have ownership of or copyright authority over the items. [FN200] This practice is becoming commonplace among states. [FN201] Some texts used in state assessment questions are taken from the public domain and can be freely published; however, others are copyrighted texts that the DOE does not have authority to publish. [FN202] Effect of Proposed Changes The bill requires the Commissioner of Education to publish each statewide, standardized assessment and statewide EOC assessment on the DOE's website, excluding retake and alternate assessments, at least once every three years. When published, each assessment must have been administered during the most recent school year. By publishing the

assessments on the website, the DOE would provide public access to view assessments administered during the previous school year. The bill allows the commissioner to determine the schedule for publishing assessments during the 3-year period; however, subject to appropriation, the initial publication must occur no later than June 30, 2021, and must include the grade 3 ELA and mathematics assessments, the grade 10 ELA assessment, and the Algebra I EOC assessment. The bill requires the DOE, as part of the next procurement of assessments, to solicit cost proposals for publication of assessments. The bill requires the DOE to publish materials on its website to help the public interpret the published assessment information. Because test items cannot be repeated for purposes of assessment validity, the DOE would be required to procure additional test items to replace the items it has authority to publish. [FN203] This would require renegotiation of current assessment contracts for the development of test items owned by the DOE. Thereafter, the DOE would be required to purchase sufficient test items to replace assessments that are published in accordance with the bill. The bill does not authorize or require the publication or release of individual student assessment files. Student Learning Growth Present Situation In recent years, several states have adopted the use of value-added models as part of their education accountability systems. [FN204] Value-added models are used to measure the causal effect teachers, and in some cases schools, have on student learning growth by controlling for differences in student backgrounds. Such models are generally based on standardized assessment scores and have been the favored model used by economists to measure the impact teacher quality has on student academic and economic outcomes. [FN205] Value-added models, when used alongside other measures of teacher performance, significantly improve the ability of teacher evaluation systems to identify the most effective teachers. [FN206] Florida's value-added model (VAM) is used to objectively measure student learning growth on the: • statewide, standardized English language arts assessment in grades 4-10; • statewide, standardized math assessment in grades 4-8; and • Algebra I end-of-course assessment. [FN207] Student learning growth, as measured by VAM, comprises at least one third of a teacher's performance evaluation if the teacher is assigned a class associated with one of the assessments for which VAM data is calculated. [FN208] The DOE must calculate VAM scores for these teachers, and school districts must use the scores in the student performance portion of their evaluations. [FN209] VAM establishes the expected learning growth for each student, called a predicted score. Florida's VAM model bases each student's predicted score on the typical learning growth seen among students who share characteristics, called covariates, that are statistically controlled for in the model. The covariates used in Florida's student learning growth formula are: • up to two prior years of achievement scores; • students with disabilities SWD status; • English Language Learner status; • gifted status; • attendance; • the number of subject-relevant courses in which the student is enrolled; • mobility, i.e., the number of school transitions a student makes in the same school year; • difference from modal age in grade, i.e., the student's age in relation to what is normal for students enrolled in that grade (as an indicator of retention); • class size (which is a continuous measure counting the number of students linked to the educator); and • homogeneity of entering test scores of students in the class (which identifies variations in the achievement levels of students in a class when first assigned to the educator). [FN210] The VAM score represents the amount, on average, that students taught by a given teacher performed above or below their predicted level of performance. A positive score indicates that the teacher's students performed better than

expected; a negative score indicates that the teacher's students performed worse than expected; and a score of “0” indicates that the teacher's students performed no better or worse than expected based on the factors accounted for in the model. [FN211] A VAM score provides an objective view of the impact a teacher has on a student's learning. Other evaluation components, including teacher observations and other indicators chosen by the district, incorporate subjective measures of a teacher's quality and can be influenced by collective bargaining. This can lead to instances where teachers who are rated highly effective based on their DOE-calculated VAM score are nonetheless rated effective or lower on their performance evaluation due to the more subjective, district-determined portions of their evaluation. Some states, such as Tennessee, have robust data systems and information on value-added data that help the public, teachers, and administrators understand what the data means with respect to teacher performance, school performance, and student growth. [FN212] These systems allow teachers and school administrators to align instruction with student needs and identify trends in student growth. This information can play a significant role in equitable teacher distribution. [FN213] Effect of Proposed Changes The bill requires that a third party, independent of the assessment developer, analyze student learning growth data calculated using the commissioner-approved formula and provide access to a data visualization tool that enables teachers to understand and evaluate the data and school administrators to improve instruction, evaluate programs, allocate resources, plan professional development, and communicate with stakeholders. The bill also makes the use of student learning growth data in educator personnel evaluations optional. Educator Certification Present Situation Teacher Certification In order for a person to serve as an educator in a traditional public school, charter school, virtual school, or other publicly operated school, the person must hold a certificate issued by the DOE. [FN214] Persons seeking employment at a public school as a school supervisor, principal, teacher, library media specialist, counselor, athletic coach, or in another instructional capacity must be certified. [FN215] The purpose of certification is to require school-based personnel to “possess the credentials, knowledge, and skills necessary to allow the opportunity for a high-quality education in the public schools.” [FN216] The DOE issues three types of educator certificates: • Professional Certificate. The professional certificate is Florida's highest type of full-time educator certification. [FN217] The professional certificate is valid for five years and is renewable. [FN218] • Temporary Certificate. The temporary certificate covers employment in full-time positions for which educator certification is required. [FN219] The temporary certificate is valid for three years and is nonrenewable. [FN220] • Athletic Coaching Certificate. The athletic coaching certificate covers full-time and part-time employment as a public school's athletic coach. [FN221] DOE issues two types of athletic coaching certificates - one is valid for five years and may be issued for subsequent five-year periods while the other is valid for three years and may be issued only once. [FN222] The five-year certificate requires satisfaction of certain specialization requirements established in rule. [FN223] In addition, school districts are authorized to issue adjunct teaching certificates to part-time teachers who have expertise in the subject area to be taught. An adjunct teaching certificate is valid through the term of the annual contract between the educator and the school district. [FN224] To be eligible for an educator certificate, a person must: [FN225] • be at least 18 years of age; • sign an affidavit attesting that the applicant will uphold the U.S. and State Constitutions; • earn a bachelor's or higher degree from an accredited institution of higher learning [FN226] or from a nonaccredited institution identified by the DOE as having a quality program resulting in a bachelor's or higher degree; [FN227] • submit to fingerprinting and background screening and not have a criminal history that requires the applicant's disqualification from certification or employment; • be of good moral character; and

• be competent and capable of performing the duties, functions, and responsibilities of a teacher. In addition, each applicant must submit an application and the required fee to the DOE. [FN228] Although most of the application process is conducted electronically, certain portions of the process, like notifications of deficiencies in an application and supporting documentation, are sent through conventional postal delivery services which can delay the process. These notices are expected to be fully electronic by November of 2017. [FN229] To receive a temporary certificate, an applicant must: • meet the basic eligibility requirements for certification; [FN230] • obtain full-time employment in a position that requires a Florida educator certificate by a school district or private school that has a DOE-approved professional education competence demonstration program; [FN231] and • do one of the following: • demonstrate mastery of subject area knowledge (e.g., passage of the appropriate subject area test); [FN232] or • complete the required degree or content courses specified in state board rule for subject area specialization [FN233] and attain at least a 2.5 grade point average on a 4.0 scale in the subject area courses. [FN234] An educator who is employed under a temporary certificate must demonstrate mastery of general knowledge within one calendar year after employment in order to remain employed in a position that requires a certificate. [FN235] If the educator is employed under contract, the calendar year deadline for demonstrating mastery of general knowledge may be extended through the end of the school year. [FN236] A temporary certificate is valid for 3 years and is nonrenewable. [FN237] An applicant seeking a professional certificate must: • meet the basic eligibility requirements for certification; [FN238] • demonstrate mastery of general knowledge; [FN239] • demonstrate mastery of subject area knowledge; [FN240] and • demonstrate mastery of professional preparation and education competence. [FN241] A professional certificate is valid for five years and is renewable. [FN242] Pathways to a professional certificate include: • successfully completing an approved teacher preparation program at a postsecondary educational institution in Florida or a teacher preparation program from an out-of-state accredited or DOE-approved institution and achieving a passing score on the Professional Education Test (PET), Subject Area Examination (SAE), and General Knowledge Test (GKT) required by state board rule; [FN243] • successfully completing a competency-based professional development certification program offered by a school district or an educator preparation institute (EPI) and passing the PET, SAE, and GKT; [FN244] • completing 15 semester hours in professional preparation courses specified in state board rule [FN245] or completing the Professional Training Option for Content Majors; [FN246] completing requirements for practical experience in teaching; [FN247] completing an approved professional education competence demonstration program; [FN248] and passing the PET, SAE, and GKT; [FN249] • providing documentation of a valid professional standard teaching certificate issued by another U.S. state or by the National Board Professional Teaching Standards (NBPTS); [FN250] • providing documentation of a valid professional standard teaching certificate issued by the American Board for Certification of Teacher Excellence (ABCTE) and completing an approved professional education competence demonstration program; [FN251] or • completing two semesters of part-time or full-time college teaching experience at an accredited community college, state university, or private college or university that awards associate's or higher degrees or at a nonaccredited institution of higher education identified by the DOE as having a quality program and passing the SAE and PET. [FN252] In 2016, the law was amended to allow an individual to earn a professional certificate covering grades 6 through 12 in a Science, Technology, Engineering, or Mathematics (STEM) subject without having to complete coursework associated with professional preparation and education competence, if the individual: • meets the basic eligibility requirements for certification; • demonstrates mastery of general knowledge;

• holds a master's or higher degree in science, technology, engineering, or mathematics; • passes the PET and the SAE for the correlated educator certificate; • teaches a high school course in the subject area of the advanced degree; and • is rated highly effective under the school district's performance evaluation system based in part on student performance as measured by a statewide standardized assessment or an Advanced Placement, Advance International Certificate of Education, or International Baccalaureate examination. [FN253] Several of the pathways allow a temporary certificate holder to complete the general knowledge and professional preparation and education competence requirements for a professional certificate while serving as a classroom teacher. These include the college coursework option, EPIs, district professional development certification and education competency programs (professional development certification program), professional training option programs, and the STEM secondary certification pathway. Data from the DOE show that 35 percent of temporary certificate holders do not complete the requirements for a professional certificate by the end of their 3-year temporary certificate. [FN254] A professional certificate must be renewed every five years. [FN255] An educator must submit an application, [FN256] pay a fee, [FN257] and earn at least six college credits or 120 inservice points to renew professional certification. [FN258] At least three college credits or 60 inservice points must be earned in each subject area for which renewal is sought. [FN259] The renewal period may be extended to include two successive renewal periods up to 10 years to enable educators who are certified in three or more subject areas to earn the required credits or inservice points in each subject area. [FN260] In addition to credits or inservice points required in the subject area, credits or inservice points may be earned in courses in clinical educator training, literacy and computational skills acquisition, exceptional student education, child development, drug abuse, child abuse, limited English proficiency, dropout prevention, and other topics. [FN261] State board rule includes special provisions for teachers of limited English proficient students, teachers of students with disabilities and teachers of reading. [FN262] The law allows a professional certificate holder to use college credits or inservice points earned through training in teaching students of limited English proficiency or students with disabilities and training in teaching reading in excess of six semester hours during one certificate validity period toward renewal of the professional certificate during the subsequent validity periods. [FN263] Temporary certificate holders may use college credits or inservice points earned through training in teaching students of limited English proficiency or students with disabilities and training in teaching reading toward renewal of the teacher's first professional certificate; however, the training must not have been included within the degree program, and the temporary and professional certificates must be issued for consecutive school years. [FN264] Applicants for renewal of a professional certificate must earn at least one college credit or the equivalent amount of inservice points in the area of instruction for teaching students with disabilities. [FN265] Certification in subject areas may also be renewed by earning a passing score on the corresponding Florida-developed subject area test or standardized examination specified in state board rule. [FN266] Certification by NBPTS is deemed to meet certification renewal requirements for the life of the certificate, in the corresponding certification subject area. [FN267] Teacher Preparation There are various teacher preparation programs that individuals may use to receive the training needed to attain teaching credentials, including: [FN268] • Initial Teacher Preparation programs are “traditional” teacher preparation programs that require candidates to demonstrate mastery of subject area knowledge in one or more specific subject areas(s), mastery of general knowledge, and mastery of professional preparation and education competence. Such programs result in qualification for a professional educator certificate. [FN269] • Educator Preparation Institutes are alternative certification programs offered by postsecondary institutions and private providers for baccalaureate degree holders. These programs provide professional preparation for career- changers and recent college graduates who do not already possess a Professional Educator Certificate and require mastery of general knowledge, mastery of subject area knowledge and mastery of professional preparation and education competence.

• District Professional Development Certification and Education Competency Programs are cohesive, competency- based professional preparation certification programs offered by Florida public school districts, by which a school district's instructional staff can satisfy the mastery of professional preparation and education competence requirements. In addition to completing the district program, candidates must demonstrate mastery of general knowledge and subject area knowledge. Professional Development Florida law requires a number of entities, including the DOE, public postsecondary educational institutions, public school districts, public schools, state education foundations, consortia, and professional organizations, to work collaboratively to develop a coordinated system of professional development. The purpose of the system is to increase student achievement, enhance classroom instructional strategies that promote rigor and relevance throughout the curriculum, and prepare students for continuing education and the workforce. [FN270] Part of the DOE's responsibility in the professional development system is to disseminate to the school community research-based professional development methods and programs that have demonstrated success in meeting identified student needs. [FN271] At least one method of dissemination must be through a web-based statewide performance support system, including a database of exemplary professional development activities, a listing of available professional development resources, training programs, and available assistance. [FN272] In addition, the DOE must disseminate, using the web-based statewide performance-support system, proven model professional development programs that have demonstrated success in increasing rigorous and relevant content, increasing student achievement and engagement, and meeting identified school needs. [FN273] The DOE must also disseminate, using web-based technology, research- based best practice methods by which the state and district school boards may evaluate and improve the professional development system. [FN274] Each school district is required to develop a professional development system in consultation with teachers, teacher- educators of FCS institutions and state universities, business and community representatives, and local education foundations, consortia, and professional organizations. [FN275] The system must: • be approved by the DOE, with all substantial revisions thereto also approved by the DOE; • be based on analyses of student achievement data and instructional strategies and methods that support rigorous, relevant, and challenging curricula for all students; • provide in-service activities with follow-up support appropriate to accomplish district-level and school-level improvement goals and standards; • include a master plan for inservice activities, which must be aligned to and support school-based inservice plans and school improvement plans and be approved annually by the district school board; • include inservice activities for school administrative personnel that address updated skills necessary for instructional leadership and effective school management; • provide for systematic consultation with regional and state personnel designated to provide technical assistance and evaluation of local professional development programs; • provide for delivery of professional development by distance learning and other technology-based delivery systems to reach more educators at lower costs; • provide for the continuous evaluation of the quality and effectiveness of professional developmental programs in order to eliminate ineffective programs and strategies and expand effective ones; and • for middle grades, emphasize: • interdisciplinary planning, collaboration, and instruction; • alignment of curriculum and instructional materials to the state academic standards; and • use of small learning communities; problem-solving, inquiry-driven research and analytical approaches for students; strategies and tools based on student needs; competency-based instruction; integrated digital instruction; and project-based instruction. [FN276] A district school board may contract with independent entities for professional development services and inservice education if the district school board can demonstrate to the Commissioner of Education that, through such a contract, a better product can be acquired or its goals for education improvement can be better met. [FN277] Teacher Mentoring and Induction

Teacher induction programs “aim to improve the performance and retention of new hires and to enhance the skills and prevent the loss of new teachers with the ultimate goal of improving student's growth and learning.” [FN278] Data show that recent concerns over staffing shortages are primarily related to retaining new teachers rather than recruiting them, as beginning teachers leave the profession at a higher clip than experienced ones or teachers who retire. [FN279] Beginning teachers who leave the profession often report a lack of adequate administrative support as a motivating factor. [FN280] This has led to a significant portion of the teacher workforce consisting more of beginning teachers as well as an increase in participation in teacher induction programs. [FN281] However, there is great variation in the quality of induction opportunities offered to new teachers between states and school districts. [FN282] Generally, teacher induction has a positive effect on retaining new teachers. Further, participation in certain activities is correlated with higher rates of retention, including having a peer mentor in the subject area and having common planning time. [FN283] Florida law has no provisions related to new teacher induction other than requiring the assignment of a peer mentor as part of a district program. [FN284] Although a peer mentor must hold a valid professional certificate, have at least 3 years of teaching experience in prekindergarten through grade 12, and have a rating of effective or highly effective on the prior year's performance evaluation, [FN285] the law does not expressly establish mentor training and mentoring activities requirements. Effect of Proposed Changes To help districts recruit and retain new teachers, the bill enhances requirements for the peer mentor component of a district program and establishes a mentorship and induction-based pathway to a professional educator certificate. Under the bill, a temporary certificate holder who completes a DOE-approved district program and who has a highly effective district performance evaluation rating will receive a professional certificate without having to sit for additional coursework or take the PET. The bill requires that the mentorship and induction component of a district's professional development certification program, at a minimum, provide weekly opportunities for mentoring and induction activities, including: • common planning time; • ongoing professional development targeted to a mentee teacher's needs; • opportunities to observe other teachers; • co-teaching experiences; and • reflection and follow-up discussions. The bill requires the mentorship and induction activities to be provided during the teacher's first year in the program and may be provided until the teacher attains his or her professional certificate. The bill requires that a principal who is rated highly effective must be provided flexibility in selecting professional development activities for the mentorship and induction component so long as they are approved by the DOE. The bill allows charter schools and charter management organizations to offer a DOE-approved professional development certification program. The bill requires the DOE to adopt standards for the approval of professional development certification programs, including standards for the teacher mentorship and induction component, by December 31, 2017. The standards for the teacher mentorship and induction component must include: • program administration and evaluation; • mentor roles, selection, and training; • beginning teacher assessment and professional development; and • teacher content knowledge and practices aligned to the Florida Educator Accomplished Practices. Each school district, charter school, or charter management organization, wishing to provide a professional development certification program must submit its program, including the teacher mentorship and induction component, to the DOE for approval no later than June 30, 2018. Beginning January 1, 2019, a teacher may not satisfy requirements for a professional certificate through a professional development certification program unless the program has been approved by the DOE. As a result, teachers can complete the requirements for a professional certificate based on current program requirements through December 31, 2018, at the latest.

The bill allows participation in a district program as a mentor or a mentee to count toward a teacher's inservice specialization requirements for renewal of a professional certificate. The bill also requires each district professional development system to provide inservice activities and support targeted to the individual needs of teachers participating in the district program. The bill requires professional development activities designed to implement the School Community Professional Development Act to provide training to mentors as part of the district program. The training must include components on teacher development, peer coaching, time management, and other related topics as determined by the DOE. The bill requires model professional development programs disseminated by the DOE to include effective mentorship activities to new teachers and training to mentors. The bill streamlines the temporary certificate application process by requiring the DOE to electronically issue a temporary certificate to a qualifying applicant within 14 calendar days after it receives a request from the applicant's employing school district or private school. The DOE must also electronically provide an official statement of status of eligibility at the time the certificate is issued. The statement must include each method by which an applicant can complete the qualifications for a professional certificate. In addition, the bill requires the DOE to electronically notify a temporary certificate holder, at least 1 year in advance, the date that his or her certificate will expire. The notification must include the methods by which the certificate holder can complete the requirements for a professional certificate. The bill requires the SBE to adopt rules that would add another year to a temporary certificate if the certificate holder is rated effective or highly effective based solely on a student learning growth model adopted by the Commissioner of Education. Teacher Training, Certification, and Endorsement in Reading Instruction Present Situation Just Read, Florida! Office In 2001, Florida Governor Jeb Bush established the Just Read, Florida! initiative, which aimed at helping students become successful, independent readers. [FN286] The Legislature formally created the Just Read, Florida! Office (Office) within the Department of Education in 2006. [FN287] The Office must: • train highly effective reading coaches; • create multiple designations of effective reading instruction, with accompanying credentials, which encourage all teachers to integrate reading instruction into their content areas; • train K-12 teachers and school principals on effective content-area-specific reading strategies. For secondary teachers, emphasis shall be on technical text. These strategies must be developed for all content areas in the K-12 curriculum; • provide parents with information and strategies for assisting their children in reading in the content area; • provide technical assistance to school districts in the development and implementation of district plans for use of the research-based reading instruction allocation and annually review and approve such plans; [FN288] • review, evaluate, and provide technical assistance to school districts' implementation of the K-12 comprehensive reading plan; • work with the Florida Center for Reading Research to provide information on research-based reading programs and effective reading in the content area strategies; • periodically review the Sunshine State Standards for reading at all grade levels; • periodically review teacher certification examinations, including alternative certification exams, to ascertain whether the examinations measure the skills needed for research-based reading instruction and instructional strategies for teaching reading in the content areas; • work with initial teacher preparation programs to integrate research-based reading instructional strategies and reading in the content area instructional strategies into teacher preparation programs; and • administer grants and perform other functions as necessary to meet the goal that all students read at grade level. [FN289] Certification and Endorsement

Each educator certificate has subject area “coverage”--a designation on the certificate that indicates the field in which the educator has content knowledge (e.g., Mathematics, grades 6-12). An “endorsement” is a “rider” shown on an educator certificate that signifies the educator has knowledge of instructional strategies that target particular levels, stages of development, or circumstances (e.g., Reading Endorsement or Endorsement in English for Speakers of Other Languages). To add subject area coverage or an endorsement to a professional certificate or temporary certificate, an educator must submit an application and the required fee and complete requirements as specified in state board rule. The specialization requirements for a K-12 reading certification are: • a master's or higher degree with a graduate major in reading; or • a bachelor's or higher degree with 30 semester hours in reading to include the following areas: • Six semester hours in foundations of reading instruction to include the elementary and secondary • Six semester hours in diagnosis of reading disabilities and techniques of corrective or remedial reading • Three semester hours in educational measurement • Three semester hours in literature for children or adolescents • Three semester hours in methods of teaching language arts at the elementary or secondary level • Three semester hours in administration and interpretation of instructional assessments with instructional strategies and materials based upon scientifically based reading research for the prevention and remediation of reading difficulties • Three semester hours in a supervised reading practicum to obtain practical experience in increasing the reading performance of a student(s) with the prescription and utilization of appropriate strategies and materials based upon scientifically based reading research to address the prevention, identification, and intervention of reading difficulties [FN290] The specialization requirements for a reading endorsement are a bachelor's or higher degree with certification in an academic, degreed vocational, administrative, or specialty class coverage and 15 semester hours in reading coursework, based upon scientifically based reading research with a focus on both the prevention and remediation of reading difficulties, to include the following: • Six semester hours in understanding reading as a process of student engagement in both fluent decoding of words and construction of meaning • Three semester hours in the administration and interpretation of instructional assessments to include screening, diagnosis, and progress monitoring with purposes of prevention, identification, and remediation of reading difficulties • Three semester hours in understanding how to prescribe, differentiate instruction, and utilize appropriate strategies and materials based upon scientifically based reading research in order to address the prevention, identification, and remediation of reading difficulties in order to increase reading performance • Three semester hours in a supervised practicum to obtain practical experience in increasing the reading performance of a student(s) with the prescription and utilization of appropriate strategies and materials based upon scientifically based reading research to address the prevention, identification, and remediation of reading difficulties [FN291] Teacher Preparation The uniform core curricula for teacher preparation programs must include content in scientifically based reading instruction contained in the reading endorsement competencies adopted by the SBE. [FN292] The reading endorsement competencies include five major components: • Competency 1: Foundations of Reading Instruction • Competency 2: Application of Research-Based Instructional Practices • Competency 3: Foundations of Assessment • Competency 4: Foundations and Applications of Differentiated Instruction • Competency 5: Demonstration of Accomplishment (Culminating Practicum) Students at an initial teacher preparation program who are a candidate in prekindergarten-primary (age 3-Grade 3), elementary (K-6), reading (K-12) and exceptional student education (K-12) certification programs must be prepared in reading endorsement competencies 1 through 4. [FN293] Candidates in educator preparation institutes and district professional development certification programs must be prepared in only competencies 1 and 2. [FN294]

Effect of Proposed Changes The bill requires the Office to identify proven reading instruction and intervention programs [FN295] that incorporate explicit, systematic, and sequential approaches to teaching phonemic awareness, phonics, vocabulary, fluency, and text comprehension and incorporate decodable or phonetic instructional strategies. The bill specifies that reading intervention includes evidence-based strategies frequently used to remediate reading deficiencies and includes individual instruction, multisensory approaches, tutoring, and mentoring. The bill also requires the Office to work with the Lastinger Center for Learning at the University of Florida to develop training for teachers, reading coaches, and principals on integrating content knowledge-rich texts from other core subject areas into reading instruction and evidence-based reading strategies. The bill requires the uniform core curricula used by teacher preparation programs and educator preparation institutes to include scientifically researched and evidence-based reading instructional strategies that improve reading performance for all students, including explicit, systematic, and sequential approaches to teaching phonemic awareness, phonics, vocabulary, fluency, and text comprehension and multisensory intervention strategies. The Office must assist teacher preparation programs and educator preparation institutes with this requirement. The bill requires the Office to review teacher certification and alternative certification requirements, as well as examinations, to determine whether skills needed for evidence-based reading instruction are measured. By July 1, 2018, and at least once every five years thereafter, the DOE must review specialization and coverage area requirements in the elementary, reading, and exceptional student educational areas. At the conclusion of each review, the department must recommend to the SBE changes to the specialization and coverage area requirements based upon any instructional or intervention strategies identified by the DOE that are proven to improve student reading performance. The bill requires an applicant for renewal of an identified professional certificate with a beginning validity date of July 1, 2020, or thereafter to complete a minimum of 2 college credit hours (equivalent to 40 inservice points or 40 hours) in the use of explicit, systematic, and sequential approaches to reading instruction, developing phonemic awareness, and implementing multisensory intervention strategies. The training must be provided by approved Florida teacher preparation programs or school district professional development programs. The bill limits the training that may satisfy certification renewal requirements for teachers who hold a certificate in an area that involves reading instruction or intervention for K-6 students. However, the bill specifies that scientifically researched, knowledge-based reading literacy including explicit, systematic, and sequential approaches to reading instruction, developing phonemic awareness, and implementing multisensory intervention strategies may be applied to any specialization area. The bill provides that inservice points earned through participation in professional growth components in a school district's plan for inservice educational training may not be used to satisfy specialization requirements for renewal, but may be used to satisfy nonspecialization requirements. The bill eliminates the authority to use credit or points earned for service as a trainer or as a part of a committee or council towards the fulfillment of the credit requirements. The bill requires each school district's professional development system to provide training to reading coaches, classroom teachers, and school administrators in effective methods of identifying characteristics of conditions such as dyslexia and other causes of diminished phonological processing skills; incorporating instructional techniques into the general education setting which are proven to improve reading performance for all students; and using predictive and other data to make instructional decisions based on individual student needs. All elementary grades instructional personnel must be provided access to sufficient training so they can meet certification or endorsement requirements established by the state board with respect to reading instruction and intervention. Reading Instruction and Intervention Present Situation Intervention and Instruction The law requires school districts to identify students with deficiencies in reading. For kindergarten through grade 3, students who exhibit a “substantial reading deficiency” based upon locally determined or statewide assessments or through teacher observations must be given intensive reading instruction immediately following the identification of the deficiency. [FN296] Each student who does not achieve a Level 3 or above on the statewide, standardized English

Language Arts (ELA) assessment (administered in grades 3 through 10) must be evaluated to determine the nature of the student's difficulty, the areas of academic need, and strategies for providing academic supports to improve the student's performance. [FN297] Within the first 30 days of the school year, each school must administer a statewide kindergarten screening to each kindergarten student in the school district. [FN298] The screening must provide objective data concerning each student's readiness for kindergarten and progress in attaining VPK performance standards. [FN299] The screener administered by the department will be developed by Renaissance Learning, Inc. [FN300] Students who do not meet school district or state requirements for satisfactory performance in ELA and mathematics must be covered by a federally required plan such as an individual education plan (IEP), a schoolwide system of progress monitoring, or an individualized progress monitoring plan. [FN301] District school boards must prioritize allocation of remedial and supplemental instruction resources first to students who are deficient in reading by the end of grade 3 and then to students who fail to meet performance levels required for promotion consistent with the district's student progression plan. [FN302] School districts have a variety of intervention options available to help students improve their academic performance, from instructional materials to intervention systems that allow teachers and schools monitor the progress of students and determine appropriate supports. The law requires districts to develop and implement a multi-tiered system of supports (MTSS), which utilizes a problem-solving process to identify and support student needs based upon available data, including attendance, behavior and discipline, statewide assessment, and progress monitoring data. [FN303] The process must include parent involvement, student observation, review of data, vision and hearing screening to rule out sensory deficits, and evidence-based interventions implemented in the general education environment. [FN304] Teachers typically administer interventions; however, at some schools, districts provide other staff, such as interventionists, to assist teachers in delivering the interventions. The timeline for administering interventions may vary by school level. OPPAGA's 2015 study indicates that elementary schools often provide interventions during a dedicated time in the school day, whereas middle and high schools often provide interventions during intensive reading classes. [FN305] A school district has discretion to retain a student at any grade level if, after implementing a progress monitoring plan for a student identified as having an academic deficiency, subsequent evaluations of the student indicate that the deficiency has not been remediated. Retention is mandatory for 3rd graders who score at Level 1 on the statewide, standardized ELA assessment, unless the student meets a good cause exemption. [FN306] Good cause exemptions exist for a student who: • is limited English proficient and has had less than two years of instruction in an English for Speakers of Other Languages program; • has a disability for which the IEP indicates that participation in the statewide assessment program is not appropriate; • demonstrates an acceptable level of performance on an alternative standardized reading or ELA assessment approved by the state board; • demonstrates, through a student portfolio, that he or she is performing at least at Level 2 on the statewide, standardized ELA assessment; • has a disability, takes the statewide, standardized ELA assessment, and has an IEP or a Section 504 plan indicating that he or she has received intensive remediation in reading and ELA for more than two years but still demonstrates a deficiency and was previously retained in kindergarten, 1st grade, 2nd grade, or 3rd grade; or • has received intensive remediation in reading and ELA for two or more years but still demonstrates a deficiency and who was previously retained in kindergarten, 1st grade, 2nd grade, or 3rd grade for a total of two years. Intensive reading instruction provided to a student so promoted must include an altered instructional day that includes specialized diagnostic information and specific reading strategies for the student. [FN307] A student who is retained in 3rd grade must be provided a teacher rated “highly effective” and intensive interventions in reading to remedy the student's specific reading deficiency, as identified by a valid and reliable diagnostic assessment. This intensive intervention must include effective instructional strategies, participation in the school district's summer reading camp, and appropriate teaching methodologies necessary to assist the student in becoming a successful reader, able to read at or above grade level, and ready for promotion to the next grade. [FN308] Further, the school district must

provide the student a minimum of 90 minutes of daily, uninterrupted, scientifically research-based reading instruction which includes phonemic awareness, phonics, fluency, vocabulary, and comprehension and other strategies prescribed by the school district, which may include, but are not limited to: • Integration of science and social studies content within the 90-minute block • Small group instruction • Reduced teacher-student ratios • More frequent progress monitoring • Tutoring or mentoring • Transition classes containing 3rd and 4th grade students • Extended school day, week, or year [FN309] Districts must establish at each school, when applicable, an intensive acceleration class for retained 3rd grade students who subsequently score Level 1 on the statewide, standardized ELA assessment. The class must focus on increasing a child's reading and English Language Arts skill level at least two grade levels in one school year. [FN310] The class must: • be provided to a student in grade 3 who scores Level 1 on the statewide, standardized English Language Arts assessment and who was retained in grade 3 the prior due to scoring Level 1; • have a reduced teacher-student ratio; • provide uninterrupted reading instruction for the majority of student contact time each day and incorporate opportunities to master the grade 4 academic standards in other core subject areas; • use a reading program that is scientifically research-based and has proven results in accelerating student reading achievement within the same school year; and • provide intensive language and vocabulary instruction using a scientifically research-based program, including use of a speech-language therapist. Each district school board must annually report to the parent of each student, in a format determined by the board, the progress of the student toward achieving state and district expectations for proficiency in reading, writing, science, and mathematics. The evaluation of each student's progress must be based upon the student's classroom work, observations, tests, district and state assessments, and other relevant information. The student's results on each statewide assessment test must be provided to the parent. [FN311] The law requires school districts to hire reading coaches (also referred to as literacy coaches) for schools determined to have the greatest need. Reading coaches who are funded using the district's Research-Based Reading Instruction Allocation must be hired as a full-time coach. [FN312] All schools utilizing reading coaches must implement the Just Read, Florida! reading/literacy coach model. The model requires that coaches support and provide initial and ongoing professional development to teachers in: • each of the major reading components, [FN313] as needed, based on an analysis of student performance data; • administration and analysis of instructional assessments; and • providing differentiated instruction and intensive intervention. In addition, reading coaches must, among other things: • model effective instructional strategies for teachers; • train teachers in data analysis and using data to differentiate instruction; • provide daily support to classroom teachers; • work with teachers to ensure that research-based reading programs (comprehensive core reading programs, supplemental reading programs and comprehensive intervention reading programs) are implemented with fidelity; • help lead and support reading leadership teams at their school(s); • continue to increase their knowledge base in best practices in reading instruction, intervention, and instructional reading strategies; • work with all teachers in the school they serve, prioritizing their time to those teachers, activities, and roles that will have the greatest impact on student achievement, namely coaching and mentoring in classrooms; • work frequently with students in whole and small group instruction in the context of modeling and coaching in other teachers' classrooms; and

• spend limited time administering or coordinating assessments. [FN314] Currently, an individual may be hired as a reading coach if he or she has a minimum of a bachelor's degree and advanced coursework or professional development in reading. The reading coach must be endorsed or K-12 certified in the area of reading; however, the law still allows individuals to be hired as a reading coach if they are working toward their reading certification or endorsement by completing a minimum of two reading endorsement competencies of 60 inservice hours each or six semester hours of college coursework in reading per year. Instructional Materials By July 1 each year and before instructional materials funds may be released to the school district, the district's superintendent must certify to the commissioner that the district school board has approved a comprehensive staff development plan that supports fidelity of implementation of instructional materials programs. The report must verify that training was provided and that the materials are being implemented as designed. [FN315] Funding for instructional materials is provided annually by the Legislature in the General Appropriations Act. Up to 50 percent of the annual allocation provided in the General Appropriations Act for instructional materials may be used by school districts to purchase materials not on the state-adopted list, including library and reference books and nonprint materials, and for the repair and renovation of textbooks and library books. The remainder of the allocation must be used to purchase “digital or electronic instructional materials that align with state standards included on the state-adopted instructional materials list.” [FN316] Instructional materials funds available after March 1 may be used to purchase hardware for student instruction. [FN317] In any year in which the total instructional materials allocation for a school district has not been expended or obligated prior to June 30, the district school board must carry forward the unobligated amount and must add that amount to the next year's allocation. [FN318] Materials purchased by a school district that are not on the state-adopted list or otherwise made available in a classroom might not undergo any adoption review or public review process. [FN319] Reading and Supplemental Academic Instruction Allocations In 1999, the Legislature created the Supplemental Academic Instruction (SAI) Categorical Fund as part of the A+ Education Plan [FN320] for the purpose of assisting school districts in providing supplemental instruction to students in kindergarten through grade 12. [FN321] The SAI categorical funds are allocated annually to each school district in the amount provided in the General Appropriations Act. These funds are provided in addition to the funds appropriated on the basis of full-time equivalent (FTE) student membership in the FEFP and are included in the total funds for each district. For Fiscal Year 2016-2017, each school district that has one or more of the 300 lowest-performing elementary schools based on the state reading assessment must use these funds, together with the funds provided in the district's research-based reading instruction allocation, to provide an additional hour of instruction for intensive reading instruction. [FN322] After this requirement has been met, school districts may use these funds for: modified curriculum, reading instruction, after-school instruction, tutoring, mentoring, class size reduction, extended school year, intensive skills development in summer school, and other methods for improving student achievement. In addition to the SAI categorical fund, school districts may use funds from the research-based reading instruction allocation to provide comprehensive reading instruction to students in kindergarten through grade 12. [FN323] The funds must be used to provide a system of comprehensive reading instruction to K-12 students, which may include providing: [FN324] • an additional hour per day of intensive reading instruction to students in the 300 lowest-performing elementary schools by teachers and reading specialists who are effective in teaching reading; • intensive intervention during the school day and in the required extra hour for students identified as having a reading deficiency through K-5 reading intervention teachers; • highly qualified reading coaches to specifically support teachers in making instructional decisions based on student data, and improve teacher delivery of effective reading instruction, intervention, and reading in the content area based on student need; • professional development for school district teachers in scientifically based reading instruction, including strategies to teach reading in content areas and with an emphasis on technical and informational text;

• summer reading camps for all K-2 students who demonstrate a reading deficiency and students in grades 3-5 who score at Level 1 on the statewide, standardized reading assessment or ELA assessment; • supplemental instructional materials grounded in scientifically based reading research; and • intensive interventions for K-12 students who have been identified as having a reading deficiency or who are reading below grade level. School districts must annually submit a K-12 comprehensive reading plan for the specific use of the allocation to the Office, [FN325] which reviews and approves the district's plan. [FN326] School districts have flexibility in developing their plans and are encouraged to offer reading intervention through innovative methods. [FN327] One hundred percent of the research-based reading instruction allocation must be used to implement a school district's approved plan. [FN328] For the 2016-2017 fiscal year, school districts with one or more of the 300 lowest-performing elementary schools based on the statewide, standardized ELA assessment were required to use at least $15 million of the research-based reading instruction allocation [FN329] for the required additional hour of intensive reading instruction. Effect of Proposed Changes Intervention and Instruction The bill requires district school boards, when allocating remedial and supplemental instruction resources, to give the highest priority to students in kindergarten through grade 3 who have a substantial reading deficiency, instead of just those students in grade 3. The bill requires that data from the kindergarten screening, along with other available data, be used to identify students in need of intervention and support. The bill requires that students in kindergarten through grade 3 who are identified as having a substantial reading deficiency be provided an individual progress monitoring plan, a federal plan (such as an IEP), or both if necessary, and eliminates the requirement that a student be covered by a schoolwide progress monitoring plan. The bill does not prohibit or otherwise preclude the use of a schoolwide plan; however, once a student is identified as having a substantial reading deficiency, instructional strategies and goals must be developed based on the individual student's needs. Such students must be provided intensive, explicit, systematic, and multisensory reading interventions immediately following identification of the substantial deficiency. The SBE must identify in rule guidelines for determining whether a student in kindergarten through grade 3 has a substantial reading deficiency. The bill prohibits schools from waiting until a student receives a failing grade at the end of the grading period to identify the deficiency and initiate interventions. Consequently, schools should increase the use of predictive data to guide instructional strategies, encourage consistent evaluation of student progress in response to instruction in the general classroom setting, and provide more frequent communication with parents on the progress of their child. The bill requires that the interventions school districts provide to students who are retained in 3rd grade include evidence-based, explicit, systematic, and multisensory instruction in phonemic awareness, phonics, fluency, vocabulary, and comprehension. Beginning July 1, 2020, retained 3rd grade students must be taught by a teacher who holds a reading certification or endorsement. This is in addition to the current requirement that the teacher be rated “highly effective.” The bill also deletes duplicative language regarding good cause exemptions for retained third-grade students and requires intensive interventions for any student with a substantial reading deficiency who may be promoted using a good cause exemption. Students who have been retained for a total of two years between kindergarten and grade three and who have received intensive reading intervention for 2 or more years but still demonstrate a reading deficiency remain eligible for a good cause exemption. No student may be retained more than once in grade 3. The bill expands the intensive acceleration course currently provided to retained 3rd graders to also include students who were previously retained in kindergarten, 1st grade, or 2nd grade. The intensive acceleration reading course must include: • uninterrupted reading instruction for the majority of the school contact time each day and opportunity to master the grade 4 NGSSS in other core subject areas through content-rich texts; • small group instruction; • reduced teacher-student ratios;

• the use of explicit, systematic, and multisensory reading interventions, including intensive language and vocabulary instruction and use of a speech-language therapist if necessary, that has proven results in accelerating student reading achievement within the same school year; and • a read at home plan. The bill requires school districts to assist schools and teachers with implementing explicit, systematic, and multisensory reading instruction and intervention strategies for students promoted to 4th grade with a good cause exemption. Instructional Materials Beginning July 1, 2021, each district school superintendent must certify to the commissioner, prior to the release of instructional material funds, that the district's K-5 core and supplemental intervention reading materials incorporate the instructional and intervention strategies identified by the Office. The certification requirement applies to core reading materials starting with the next English language arts instructional materials adoption cycle, which will occur in 2020. [FN330] The bill requires all of the instructional materials allocation funds to be used on state-adopted list by repealing the requirement that at least 50 percent of the annual allocation amount be used to purchase digital or electronic instructional materials. Reading and Supplemental Academic Instruction Allocations The bill revises SAI and reading allocation provisions regarding the extra hour of reading at the 300 lowest-performing elementary schools by: • codifying the program in statute, rather than relying on annual reauthorization. The program was established for three years beginning in the 2012-2013 fiscal year but has been extended annually in the implementing bill since the 2015-2016 fiscal year; • codifying the methodology for calculating the allocation of SAI funds, which includes funds for the “extra hour of reading” requirement; and • requiring school districts to delineate the implementation design and reading intervention strategies for the program as part of their comprehensive reading plan. Civic Literacy Present Situation Required Instruction Florida law requires each district school board to provide instruction regarding the history, significance, and principles of the Declaration of Independence and the Constitution of the United States, flag education, and the arguments in support of adopting our republican form of government. [FN331] The law also requires districts to provide a character- development program in kindergarten through grade 12. Each school district must develop or adopt a curriculum for its K-12 character-development program and submit it to the DOE for approval. [FN332] The curriculum must “stress the qualities of patriotism; responsibility; citizenship; kindness; respect for authority, life, liberty and personal property; honesty; charity; self-control; racial, ethnic, and religious tolerance; and cooperation.” [FN333] For grades 9-12, the character-development program must include instruction on: • developing leadership skills, interpersonal skills, organization skills, and research skills; • creating a resume; • developing and practicing the skills necessary for employment interviews; • managing stress and expectations; and • developing skills that enable students to become more resilient and self-motivated. [FN334] Civics Instruction Currently, Florida's NGSSS for social studies include civics content in kindergarten through grade 8 and in grades 9 through 12. [FN335] The standards were initially adopted after a review process in 2008 and then revised in 2014 by the SBE. [FN336] Each middle grades student must successfully complete three middle school or higher courses in social studies in order to be promoted to high school. [FN337] One semester of the three courses must be in civics. Students enrolled in the civics course must take the statewide Civics EOC assessment. The Civics EOC assessment, which was administered initially in the 2012-2013 school year, counts toward 30 percent of the student's course grade; however, students are

not required to pass the assessment in order to be promoted. Results from the assessment are included in the school grades calculation for middle schools. [FN338] The percentage of 7 th grade students achieving a Level 3 (passing score) or a Level 4 on the Civics EOC assessment has steadily increased since the 2013-14 school year. [FN339] TABULAR OR GRAPHIC MATERIAL SET FORTH AT THIS POINT IS NOT DISPLAYABLE In addition to the middle grades civics requirement, each public high school student must earn a one-half course credit each in U.S. Government and economics, including financial literacy, and one credit each in World History and U.S. History. [FN340] Like middle grades Civics, the U.S. History course includes an EOC assessment that counts as 30 percent of a student's final course grade. [FN341] Although the law provides for civics-related academic standards and promotion and graduation requirements, there is no postsecondary civics course requirement in Florida. [FN342] Currently, students entering postsecondary education at a FCS or State University System (SUS) institution must complete at least one social sciences course as part of the general education core course requirement. [FN343] The six courses that students can select to satisfy the social sciences requirement include: • American History • Government • Economics • Anthropology • Sociology • Psychology [FN344] Of the FCS and SUS students who took a general education core course in social sciences in the 2014-2015 school year, only 16 percent took Government. The most popular social sciences course was Psychology, in which 35 percent of the students enrolled. [FN345] Currently, only nine states have postsecondary civics education requirements, including Texas, Oklahoma, Utah, Arkansas, California, Georgia, Massachusetts, Missouri, and Nevada. [FN346] Without a postsecondary requirement for demonstrating competence in civics, little data exists on the effectiveness of K-12 civics instruction and accountability initiatives. Background Knowledge Research has shown that a student's background knowledge—the prior knowledge students need to master new ideas —is positively correlated with his or her ability to comprehend text, remember new concepts, and solve problems. [FN347] This is because a person with a broad depth of background knowledge and a knowledge-related vocabulary can successfully make the necessary inferences to understand texts, express viewpoints, and apply knowledge. [FN348] Generally, the earlier children develop a large vocabulary, the greater their reading comprehension will be in later grades. Because developing a vocabulary is a gradual process, it must begin in early grades to put students in a position for reading success. [FN349] Studies have shown that K-3 teachers spend only 16 minutes on social studies each day, with daily science instruction receiving 19 minutes. The difference in time spent on instruction in literacy skills as compared to science and social studies instruction has been associated with students' decreased reading comprehension. [FN350] TABULAR OR GRAPHIC MATERIAL SET FORTH AT THIS POINT IS NOT DISPLAYABLE Some districts, such as the Washington D.C. public school system, have adopted English language arts scope and sequence guides to help integrate information-rich texts covering social studies, science, and literary content in order to gradually develop a broad base of student knowledge. [FN352] The State of New York has adopted a model Core Knowledge Language Arts curriculum to help local districts increase background knowledge and literacy skills for students in kindergarten through grade 2. [FN353] Students in New York classrooms that participated in a 3-year pilot program using the curriculum were shown to have greater gains in reading, science, and social studies than students in comparison schools. [FN354] Effect of Proposed Changes The bill designates the month of September as “American Founders' Month” and authorizes the Governor to issue a proclamation urging public and private organizations within the state to celebrate the month. The bill encourages all

public schools in the state to coordinate instruction related to the nation's founding fathers with “American Founders' Month.” The bill revises the statutory priorities for Florida's K-20 education system under s. 1000.03, F.S., to expressly state that it is a priority of the system to prepare students to become “civically engaged and knowledgeable adults who make positive contributions to their community.” To help increase background knowledge and literacy skills, the bill requires the Office to develop and provide access to sequenced, content-rich curriculum programming, instructional practices, and resources that help elementary schools use state-adopted instructional materials to increase students' background knowledge and literacy skills, including attainment of the NGSSS in social studies, science, and the arts. The bill also requires that, beginning with the 2018-2019 school year, students who enter a FCS or SUS institution for the first time demonstrate competency in civic literacy. Competency may be demonstrated either by completion of a civic literacy course or by passing an assessment adopted in state board rule or in Board of Governors (BOG) regulation depending on the type of institution in which the student is enrolled. The chair of the SBE and the chair of the BOG, or their respective designees, must jointly appoint a faculty committee to: • develop a new course in civic literacy or revise an existing general education core course in American Government or American History to include civic literacy; and • establish course competencies and identify outcomes that include, at a minimum: • an understanding of the basic principles of American democracy and how they are applied in our nation's republican form of government; • an understanding of the U.S. Constitution; • knowledge of the founding documents and how they have shaped the nature and functions of our institutions of self-governance; and • an understanding of landmark Supreme Court cases and their impact on law and society. The assessment must be an existing assessment that measures competencies consistent with the minimum course competencies under the bill.

351. Id at 5. Student Eligibility for Virtual Instruction Present Situation Florida law establishes a variety of options to make virtual instruction accessible to K-12 students. These options include: • full-time or part-time enrollment in a school district virtual instruction program (VIP); [FN355] • full-time enrollment in a virtual charter school; [FN356] • enrollment in individual virtual courses offered by school districts and approved by DOE; [FN357] and • full-time or part-time enrollment in the Florida Virtual School (FLVS) or school district FLVS franchises [FN358] Student enrollment in a full-time or part-time school district VIP, a full-time virtual charter school or a school district virtual course offering is open to any student residing in the district who: [FN359] • attended a Florida public school during the prior year and was enrolled and reported for funding during the October and February Florida Education Finance Program (FEFP) surveys; • is the dependent child of a member of the U.S. military who, within 12 months of the parent's permanent change of station order, transferred to Florida from another state or from a foreign country; • was enrolled in a school district VIP or a full-time FLVS program during the prior school year; • has a sibling who is currently enrolled in a school district VIP and the sibling was enrolled in such program at the end of the prior school year; • is eligible to enter kindergarten or first grade; or • is eligible to enter grades 2 through 5 and is enrolled full-time in a school district VIP, virtual charter school or FLVS. [FN360] FLVS or a district FLVS franchise may provide full-time and part-time instruction for K-12 students. However, students in kindergarten through grade 5 must meet at least one of the eligibility criteria listed above to access part- time instruction in such programs. [FN361]

Consequently, students in 2nd through 5th grades are not eligible for enrollment in part-time virtual instruction unless they were enrolled in public school in the prior year or are dependent children of military personnel, or have a sibling currently enrolled in a VIP and the sibling was enrolled at the end of the prior year. [FN362] Effect of Proposed Changes The bill provides that all K-12 students, including home education and private school students, are eligible for full- time and part-time virtual instruction programs including: • full-time or part-time enrollment in a school district VIP; • full-time enrollment in a virtual charter school; • enrollment in individual virtual courses offered by school districts and approved by the DOE; and, • full-time or part-time enrollment in the FLVS or school district FLVS franchises. This change will open various virtual education options that are not currently available to students who did not attend public school in the prior year, as follows: • Students in 6th through 12th grades may enroll in full-time school district VIP programs • Students in 2nd through 5th grades may enroll in part-time FLVS or district FLVS franchises • Students in 2nd through 12th grades may enroll in part-time school district VIP • Students in 2nd through 12th grades may enroll in school district virtual course offerings Most notably, this change gives students in 2nd through 5th grades who did not attend public school in the prior year the ability to enroll in part-time virtual instruction, whereas under current law, these students have no such options. Gardiner Scholarship Program Present Situation The Gardiner Scholarship Program (GSP) provides parents of eligible students with disabilities more flexibility to customize their child's education. [FN363] Funds are distributed to qualified [FN364] Scholarship Funding Organizations (SFOs) to establish accounts for eligible students. [FN365] Parents can use funds from their account to choose from a variety of approved items for their student including, but not limited to: specialized services, curriculum, instructional materials, tuition and contracted services. [FN366] A student participating in the GSP must meet the requirements for regular school attendance by enrolling in: • a parochial, religious or denominational school; • a private school supported in whole or in part by tuition charges or by endowments or gifts; or • a home education program. [FN367] The parent of a student, who is a resident of this state, may request and receive an account if the student: • is 3- or 4-years-old or eligible to enroll in kindergarten through 12th grade in a public school in this state; • has one of the following disabilities: autism spectrum disorder, cerebral palsy, Down syndrome, an intellectual disability, Phelan-McDermid syndrome, Prader-Willi syndrome, spina bifida, muscular dystrophy, is identified as a high-risk child or Williams syndrome; [FN368] and • has an IEP written in accordance with rules of the SBE or has received a diagnosis of one of the above disabilities from a licensed physician or a licensed psychologist. [FN369] The parent of a student with a disability who does not have an IEP or who seeks a reevaluation of an existing IEP may request an IEP meeting and evaluation from the school district in order to obtain or revise a matrix of services. [FN370] Parents must apply to an eligible SFO to participate in the program by February 1, before the school year in which the student wishes to participate or an alternative date set by the SFO. [FN371] The scholarship is provided on a first- come, first-served basis. [FN372] A student is not eligible for the program: • while enrolled in a public school; • while enrolled in a Department of Juvenile Justice school commitment program; • while receiving a scholarship from the Florida Tax Credit (FTC) Scholarship Program or the McKay Scholarship Program; or • while receiving any other educational scholarship pursuant to chapter 1002. [FN373] Program funds must be used to meet the individual educational needs of the student. Program funds may be spent for the following purposes:

• Instructional materials and curriculum • Specialized services by approved providers, including but not limited to, applied behavior analysis, speech language pathologist, occupational therapy, physical therapy and services provided by listening and spoken language specialists • Enrollment in, or tuition and fees for enrollment in a home education program, an eligible private school or postsecondary education institution or a program offered by the institution, a private tutoring program or virtual education programs or courses • Fees for nationally standardized, norm-referenced achievement tests, Advanced Placement examinations, industry certification examinations, assessments related to postsecondary education or other assessments • Contributions to the Stanley G. Tate Florida Prepaid College Program or the Florida College Savings Program • Contracted services provided by a public school or school district, including classes, tuition, and fees for part-time tutoring services provided by an individual who has a valid Florida educator's certificate, an adjunct teaching certificate or has demonstrated mastery of subject area knowledge • Fees for specialized summer or after-school education programs • Fees for transition services provided by job coaches • Fees for an annual evaluation utilized by home education students • Tuition and fees associated with programs offered by Voluntary Pre-Kindergarten education and school readiness providers [FN374] Entities eligible to provide specialized services or educational programs include: • a provider approved by the Agency for Persons with Disabilities, a health care practitioner or a provider approved by the DOE to offer specialized instructional services for children with disabilities; [FN375] • a postsecondary educational institution including a FCS institution; a state university; a school district technical center; a school district adult general education center; an independent college or university eligible to participate in the William L. Boyd, IV Florida Resident Access Grant Program or an accredited, independent postsecondary educational institution which is licensed to operate in this state; [FN376] and • a private school that is located in this state, offers education to students in any grade from kindergarten to grade 12, meets all the requirements of a private school operating in Florida and meets all the requirements of a private school participating in the McKay Scholarship Program or the FTC Program. [FN377] Eligible providers may not share, refund or rebate any money from a student's GSP account with the parent or participating student. [FN378] Effect of Proposed Changes The bill expands access to the GSP by including dual sensory impaired as a qualified disability and expands the eligible uses of funds to include fees for services provided by: • members of the Professional Association of Therapeutic Horsemanship International; and • a therapist certified by the Certification Board of Music Therapists or credentialed by the Art Therapy Credentials Boards. The bill increases accountability by: • prohibiting parents, students or a provider of services from billing an insurance company, Medicaid or any other agency for the same services that are paid using GSP funds; • providing that a private school may not be eligible to participate in the program if its financial reports have consecutive years of material exceptions; • defining “inactive” to mean that no eligible expenditures have been made from the scholarship account and requiring that payments from the state into the account stop if the account has been inactive for two consecutive fiscal years. When an SFO verifies eligible expenditures have been made from the account, payments may resume based on available funds; and • closing a scholarship account and reverting funds to the state (becoming available for other eligible students) if the account has been inactive for three consecutive years. Additionally, the bill clarifies that, beginning with the 2017-2018 fiscal year, for students with a matrix, the GSP scholarship amount must be based on that matrix. High School Graduation Requirements

Present Situation The law requires that a student successfully complete 24 credits in core-curricula and extracurricular courses in order to graduate from high school with a standard high school diploma. [FN379] For grades 9 through 12, core curricula courses are those subjects that are measured by state assessment at any grade level and courses that are specifically identified by name in state law as required for high school graduation but are not measured by state assessments. [FN380] Core courses are: English language arts, mathematics, science, and social studies. [FN381] The remaining required courses are extracurricular courses, which include but are not limited to, physical education, fine arts, performing fine arts, career education, and courses that may result in college credit. [FN382] Core and Extracurricular Course and Credit Requirements [FN383]

Course Credit

English Language Arts (ELA) 4

ELAI, II, III, and IV

Mathematics

-One credit in Algebra I, one credit in Geometry, and two additional credits.

-A student who earns an industry 4 certification for which there is a statewide college credit articulation agreement may substitute the certification for one of the two additional credits. Substitution may occur for up to 2 credits, with the exception of Algebra I and Geometry.

Science

-One credit in Biology I and 2 credits in equally rigorous courses

-A student who earns an industry 3 certification for which there is a statewide college credit articulation agreement may substitute the certification for one of the two equally rigorous courses.

Social Studies

-One credit in United States History; one 3 credit in World History; one-half credit in U.S. Government, and one-half credit in Economics, which must include Financial Literacy.

Fine Arts, Performing Arts, Speech and Debate, or Practical Arts

-The practical arts course must incorporate 1 artistic content and techniques of creativity, interpretation, and imagination. Eligible

courses are identified in the Course Code Directory. [FN384]

Physical Education

-Must include the integration of health. 1

Electives

-Must include opportunities for students 8 to earn college credit, including industry- certified career programs or courses that lead to college credit.

Online Course Requirement [FN385]

-One of the courses within the 24 credits Determined based upon must be completed through online learning. the course completed.

An online course provided by the Florida Virtual School, a virtual instruction provider approved by the SBE, or a high school or an online dual enrollment course taken in 6th, 7th or 8th grade fulfill the online course requirement. [FN386] A school board or charter school governing board may offer the following options to satisfy the online course requirement: • Completion of a course where the student earns a nationally recognized industry certification in information technology or passage of the information technology certification exam without enrolling in the corresponding course • Passage of an online content assessment, without enrollment in or completion of the corresponding course, by which the student demonstrates skills and competency in locating information and applying technology for instructional purposes The law allows a student to satisfy the physical education course credit requirement by completing two seasons of a varsity or junior varsity sport; however, the student must still pass a personal fitness exam in order to satisfy the requirement. Effect of Proposed Changes The bill removes passage of an online content assessment, by which the student demonstrates skills and competency in locating information and applying technology for instructional purposes, as an option to fulfill the online course requirement. The bill provides a student the option of taking either an online course or a blended learning course to satisfy the requirements for a standard high school diploma. The bill also allows a student who completes 2 seasons of a varsity or junior varsity sport to satisfy the physical education requirements without having to pass a personal fitness exam. School Attendance Present Situation State law directs district school boards to establish attendance policies defining excused or unexcused absences or tardiness. Specific criteria for determining whether an absence or tardiness is excused or unexcused are determined by the district school board. [FN387] The parent of a student who is absent from school must justify the absence, and the absence is evaluated based on the school board's attendance policies. [FN388] If a student is continually sick and repeatedly absent from school, state law requires the student to be under a physician's supervision in order for the absences to be excused. In such cases, the physician's excuse justifies absences beyond the maximum number of days permitted under the district school board's attendance policy. [FN389] State law and state board rule also authorize a public school to grant permission to students, in accordance with the school district's rules, to be absent from school for religious instruction, religious holidays or because religious tenets forbid secular activity during the school day. [FN390] Effect of Proposed Changes

The bill: • requires district school boards to adopt student absence policies regarding student appointments to receive autism spectrum disorder therapy, including but not limited to, applied behavioral analysis, speech therapy and occupational therapy; • allows a parent to request and be granted permission for a student's absence resulting from an appointment to receive therapy provided by a licensed health care practitioner or a certified behavior analyst for the treatment of autism spectrum disorder; and • allows a student who is continually sick and repeatedly absent to satisfy nonattendance requirement by being under the supervision of a licensed health care practitioner or a certified behavior analyst for the treatment of autism spectrum disorder. The term “licensed” is defined in law as any permit, registration, certificate or license, including a provisional license, issued by the Department of Health. [FN391] The term “health care practitioner” is defined in law as any person licensed under chapter 457 (acupuncture); chapter 458 (medical practice); chapter 459 (osteopathic medicine); chapter 460 (chiropractic medicine); chapter 461 (podiatric medicine); chapter 462 (naturopathy); chapter 463 (optometry); chapter 464 (nursing); chapter 465 (pharmacy); chapter 466 (dentistry); chapter 467 (midwifery); part I (speech-language pathology), part II (nursing home administration), part III (occupational therapy), part V (respiratory therapy), part X (dietetics and nutrition practice), part XIII (athletic trainers), or part XIV (orthotics, prosthetics and pedorthics) of chapter 468; chapter 478 (electrolysis); chapter 480 (massage practice); part III (clinical laboratory personnel) or part IV (medical physicists) of chapter 483; chapter 484 (dispensing of optical devices and hearing aids); chapter 486 (physical therapy); chapter 490 (psychological services) or chapter 491 (clinical, counseling and psychotherapy services). [FN392] A “certified behavior analyst” is a person who is certified under the Florida Behavior Certification Program in accordance with s. 393.17, F.S. [FN393] Instructional Personnel Employment Contracts Present Situation Instructional personnel provide direct instructional services or direct instructional support to K-12 students. Instructional personnel include classroom teachers; [FN394] staff who provide student personal services, e.g., guidance counselors, social workers, career specialists, and school psychologists; librarians and media specialists; other instructional staff, e.g., learning resource specialists and education paraprofessionals under the direct supervision of instructional personnel. [FN395] Three types of contracts are used to employ instructional personnel in Florida - continuing contracts, professional service contracts and annual contracts. Holding a continuing contract or professional service contract is often referred to as having tenured status. [FN396] An annual contract is an employment contract for a period of no longer than one school year that a district school board may choose to award or not award without cause. [FN397] As of July 1, 2011, instructional personnel under an annual contract and personnel hired thereafter may only be employed on an annual contract basis. The first annual contract for newly hired instructional personnel is a one-year probationary contract, which may be terminated without cause or from which the employee may resign without breach of contract. “Newly hired instructional personnel” include employees new to the profession or employees with experience who are new to the school district. [FN398] Upon successful completion of the one-year probationary contract, district school boards may award subsequent annual contracts if the employee: • is certified; • has been recommended by the superintendent based upon his or her performance evaluation, and approved by the district school board; and • has not received two consecutive unsatisfactory evaluations, two unsatisfactory evaluations within a three-year period or three consecutive evaluations of needs improvement or any combination of needs improvement and unsatisfactory. [FN399] Effect of Proposed Changes The bill reiterates that a school district must issue contracts on an annual basis and may not:

• award an annual contract to instructional personnel based on a contingency or condition that is not expressed in law by the Legislature; or • alter or limit its authority to award or not award an annual contract to instructional personnel as provided in s. 1012.335, F.S. These provisions apply only to collective bargaining agreements entered into or renewed by a district school board on or after this law is enacted. High Growth District Capital Outlay Assistance Grant Program Present Situation The High Growth District Capital Outlay Grant Program was created in 2005 [FN400] to provide funding to construct new student stations for school districts that meet the following criteria: [FN401] • The district must have levied the full 1.5 mills of nonvoted discretionary capital outlay millage authorized in s. 1011.71(2) for each of the past 4 fiscal years • Fifty percent of the revenue derived from the maximum nonvoted discretionary capital outlay millage for the past 4 fiscal years, when divided by the district's growth in capital outlay FTE students over this period, produces a value that is less than the average cost per student station calculated pursuant to s. 1013.64(6)(b)1., and weighted by statewide growth in capital outlay FTE students in elementary, middle, and high schools for the past 4 fiscal years • The district must have equaled or exceeded twice the statewide average of growth in capital outlay FTE students over this same 4-year period • The Commissioner of Education must have released all funds allocated to the district from the Classrooms First Program, and these funds were fully expended by the district as of February 1 of the current fiscal year • The total capital outlay FTE students of the district is greater than 15,000 students The High Growth District Capital Outlay Grant Program has never been implemented. The legislation establishing the program, ch. 2005-209, L.O.F., appropriated $30 million for the program, but the Governor vetoed that appropriation. [FN402] The program has not subsequently been funded. Effect of Proposed Changes The bill modifies the qualification requirements and funding methodology for the High Growth District Capital Outlay Assistance Grant Program. Under the bill, in order to qualify for the program, a school district must: • levy the maximum nonvoted discretionary millage for the prior 5 years; • receive revenue from a current voted school capital outlay sales surtax or a portion of the local government infrastructure surtax; • have funds from the nonvoted discretionary capital outlay millage that, when divided by the district's capital outlay FTE students, are less than the statewide average maximum potential funds per capital outlay FTE student for the most recent fiscal year; • have equaled or exceeded the greater of one percent average growth or twice the statewide average growth in capital outlay FTE students of the prior 5-year period; and • have more than 24,000 total capital outlay FTE students. The bill also modifies the program allocation methodology to require that, for each eligible district, the DOE: • sum the revenue from the maximum potential nonvoted discretionary capital outlay millage and the revenue from the voted sales surtax and divide it by the capital outlay FTE students; • determine the amount that must be added to the funds per capital outlay FTE to produce the statewide average value per capital outlay FTE for the identified revenues; and, if necessary, • prorate district awards to the level of the appropriation. Other Provisions The bill also: • Revises the way funds are provided to school districts by: [FN403] • repealing section 1003.52(21), Florida Statutes, requiring the DOE to provide or contract for services to the Florida School for Boys in Okeechobee; • codifying the sparsity supplement calculation used to compute the sparsity supplement for eligible districts with a FTE student membership of between 20,000 and 24,000, by dividing the total number of full- time equivalent students

in all programs by the number of permanent senior high school centers in the district, not in excess of four (rather than three as used for other districts); • repealing the requirement of submitting a digital classrooms plan and authorizes the use of these funds for items on the eligible services list authorized by the Universal Service Administration Company E-rate program, [FN404] computer and device hardware, associated operating system software, and professional development to enhance the use of technology for digital instructional strategies; • codifying the safe schools allocation funding formula and the use of the safe schools allocation; and • revising Standard Student Attire Incentive Program to allow plaids, stripes, or other multicolor options by removing the specific requirement of solid-colored clothing and fabrics for pants, skirts, shorts, or similar clothing and short- or long-sleeved shirts with collars; • codifying the prohibition on a school district seeking a positive allocation adjustment to its FEFP funding in the current fiscal year because of an under allocation for a prior fiscal year caused by district error; • modifying the small, isolated high schools provision of the FEFP by expanding its application to elementary schools and establishing the criteria by which elementary schools may qualify; • authorizing the DOE to recalculate the ESE Guaranteed Allocation for each school district throughout the school year based on the student membership surveys to ensure school districts receive their appropriate share of the ESE Guaranteed Allocation based on actual enrollment; • aligning provisions in state law concerning calculating capital outlay membership with the actual capital outlay full-time equivalent membership calculation; • revises the federally connected student supplement to allow for recalculation throughout the year based on actual student membership and the tax-exempt valuation from the most recent assessment roll; • limits the time frame for VPK providers to amend prior fiscal year student enrollments no later than September 30 of the subsequent fiscal year; • renames the ACT Aspire assessment to the preliminary ACT; • revises the eligibility requirements for the Minority Teacher Education Scholar Program by removing a requirement that students enrolled in an approved teacher education program must be in their junior year to be eligible for the award, and requires that the student may not have earned more than 18 credit hours of upper-division education courses; [FN405] • expressly requires that a school board member be permitted to visit a district school and a charter school governing board member be permitted to visit any charter school governed by the board at any time on any day, with or without an escort and without advance notice; • establishes provisions to facilitate the shared use of public school facilities; [FN406] • creates the Committee on Early Childhood Development to develop a proposals on certain early learning milestones; [FN407] • establishes the 3-year Early Childhood Music Education Incentive Pilot Program in the Department of Education to assist selected school districts in implementing comprehensive music education programs for students in kindergarten through grade 2; [FN408] • removes the option for school districts receiving an exceptional student with a disability, who is placed in a residential facility, to decline to provide or contract for educational instruction; [FN409] • removes the $2,000 and $3,000 yearly teacher bonus limits for the IB and AP assessments, the $3,000 CAPE industry certification teacher bonus limit, the $500 half-credit yearly AICE teacher bonus limit, and the $2,000 yearly AICE teacher bonus limit; [FN410] • requires K through 5 students at traditional public schools to be provided at least 100 minutes of supervised, safe, and unstructured free-play recess each week so that there are at least 20 consecutive minutes of free-play per day; • deletes the requirement for middle grade students to complete a course in career and education planning (schools may still offer the course to middle grades students); and • defines “secondary education” to mean grades 9 through 12.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT: 1. Revenues: None. 2. Expenditures: None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 1. Revenues: None. 2. Expenditures: None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: The bill may result in cost savings to teachers who participate in a professional development certification program because they would not be required to enroll in additional college coursework or take the Professional Education Test to earn their professional certificate.

D. FISCAL COMMENTS: The bill appropriates $413,950,000 in recurring General Revenue Funds and $5 million in non-recurring General Revenue Funds to implement the provisions of the bill as follows: • $233,950,000 in recurring funds to implement the Best and Brightest Teacher and Principal Scholarship Programs; • $30 million in recurring funds to implement the Gardiner Scholarship Program; • $10 million in recurring funds and $5 million in nonrecurring funds to implement the bill's provisions relating to statewide student assessments; and • The remainder of the funds, $140 million, will be used to implement the remaining provisions of the bill, including the provisions relating to schools of hope. The funds may not be used for the Early Childhood Music Education Incentive Pilot Program or the Committee on Early Grade Success.

[FN1]. The Council for the Accreditation of Education Preparation, Recruitment and Selection In Educator Preparation, at 6 (2011), available at http://caepnet.org/~/media/Files/caep/accreditation-resources/recruitment-and-selection.pdf.

[FN2]. National Bureau of Economic Research, Teacher Applicant Hiring and Teacher Performance: Evidence From DC Public Schools (2016) at 23, available at http://www.nber.org/papers/w22054; Sharon Kukla-Acevedo, Do Teacher Characteristics Matter? New Results on the Effects of Teacher Preparation on Student Achievement, 28 ECON. OF ED. REV. 49, at 53 (2007); BOYD ET AL, The Narrowing Gap in New York City Teacher Qualifications and Its Implications for Student Achievement in High-Poverty Schools, 27 J. OF POL'Y ANALYSIS & MGMT. 793 (2008). Attaining certification from the National Board for Professional Teaching Standards is not associated with raising student achievement data in Florida. See Douglas Harris and Tim Sass, The Effects of NBPTS-Certified Teachers on Student Achievement, 28 J. OF POL'Y ANALYSIS AND MGM'T 55, at77 (2009).

[FN3]. Dan Goldhaber, Teacher Pay Reforms: The Political Implications of Recent Research (Washington, DC: Center for American Progress, at 4 (2009), available at http://www.americanprogress.org/issues/2006/12/pdf/ teacher_pay_report.pdf.

[FN4]. Bellwether Education Partners, Ensuring Effective Teachers For All Students: hearing before the House PreK-12 Quality Subcommittee (Jan. 11, 2017) (citing Bill & Melinda Gates Foundation, Gathering Feedback for Teaching (2011)).

[FN5]. CAEP Accreditation Handbook, Council for the Accreditation of Education Preparation, at 34 (Mar. 2016) (http://caepnet.org/~/media/CAEPÄccreditation#andbook_March2#016.pdf?la=en).

[FN6]. See id. These thresholds correspond approximately to the 70-75th percentiles. See National Council on Teacher Quality, Understanding our Selection Criteria Standard (2016) at 7, available at http://www.nctq.org/dmsView/NCTQ_- _Standard_1_How_Programs_Stack_Up.

[FN7]. Specific Appropriation 99A, s. 2, ch. 2015-232, L.O.F.

[FN8]. Section 25, ch. 2016-62, L.O.F., creating s. 1012.731, F.S. The section of law will expire on July 1, 2017.

[FN9]. As determined by the district evaluation system pursuant to s. 1012.34, F.S.

[FN10]. Section 25, ch. 2016-62, L.O.F.

[FN11]. Email, Florida Department of Education, Government Relations (Feb. 2, 2017).

[FN12]. Email, Staff of the House of Representatives PreK-12 Appropriations Subcommittee (Dec. 21, 2016).

[FN13]. Email, Florida Department of Education, Government Relations (Feb. 2, 2017).

[FN14]. Although there were 7,188 classroom teachers who were identified for a 2016 Best and Brightest scholarship award, a small percentage of teachers reported as eligible by their school districts could not be located in the DOE's staff database for purposes of this statistical analysis. A number of factors could cause a record for the Best and Brightest program not to match the staff database, such as misspelled names, teachers on leave during the staff reporting window, name changes due to marriage or divorce, or other similar reasons. Email, Florida Department of Education (Feb. 20, 2017).

[FN15]. Section 1012.731(8), F.S.

[FN16]. See Claire Robertson-Kraft and Nate Bronstein, Delaware Talent Co-operative: Final Report, at 26 (2015) (on file with committee staff).

[FN17]. Sean Kelly and Laura Northrop, Early Career Outcomes for the “Best and the Brightest”: Selectivity, Satisfaction, and Attrition in the Beginning Teacher Longitudinal Survey, 52 AM. ED. RESEARCH J. 624, at 650 (2015); Susanna Loeb and Michelle Reininger, Public Policy and Teacher Labor Markets: What We Know and Why it Matters, The Education Policy Center at Michigan State University, 2004, at 47.

[FN18]. Rand Corporation, School Leadership Interventions Under the Every Student Succeeds Act: Evidence Review, at 25 (2016), available at http://www.rand.org/content/dam/rand/pubs/research_reports/RR1500/RR1550-2/ RAND_RR1550-2.pdf.

[FN19]. Email, Florida Department of Education, Government Relations (Feb. 2, 2017). A school's Title I status is determined by the school district based on the number of students who qualify for certain federal assistance programs, such as free or reduced price lunch. See 20 U.S.C. s. 6313(a)(5) and (b)(1).

[FN20]. See s. 1012.2315(2)(a), F.S.

[FN21]. See s. 1012.22(1)(c)5.c., F.S.

[FN22]. See s. 1012.01(3), F.S. Administrative personnel are K-12 personnel who perform management activities such as developing and executing broad policies for the school district. Administrative personnel include district-based instructional and non-instructional administrators, as well as school administrators who perform administrative duties at the school-level. Id.

[FN23]. Section 1001.54, F.S.

[FN24]. Instructional personnel include classroom teachers; staff who provide student personnel services, e.g., guidance counselors, social workers, career specialists, and school psychologists; librarians and media specialists; other instructional staff, e.g., learning resource specialists; and education paraprofessionals under the direct supervision of instructional personnel. Section 1012.01(2), F.S.

[FN25]. As measured by the instructional personnel's performance evaluation. Section 1012.28(6), F.S.

[FN26]. Section 1012.27(1)(b), F.S.

[FN27]. Section 1012.28(6), F.S.

[FN28]. Brenda Iasevoli, Study Highlights Importance of Principals in Teacher-Retention Efforts, http://blogs.edweek.org/edweek/teacherbeat/2016/09/principals_hold_the_key_to_ret.html?cmp=eml-eb- popweek+09302016 (last visited Feb. 15, 2017).

[FN29]. Chapter 2016-223, L.O.F. Codified at ss. 1012.28(8), and 1011.6202, F.S.

[FN30]. Section 1011.6202(2)(a) 1. and 2., F.S.

[FN31]. See s. 1011.6202(3), F.S.

[FN32]. Section 1012.28(8)(a), F.S.

[FN33]. Section 1012.28(8)(b), F.S.

[FN34]. See s. 1008.33, F.S.; rule 6A-1.099811, F.A.C.

[FN35]. Florida Department of Education, Turning Around Low Performing Schools: hearing before the House PreK-12 Quality Subcommittee (Jan. 25, 2017).

[FN36]. Email, Florida Department of Education, Office of Government Relations (Mar. 22, 2017).

[FN37]. Northwestern Middle School has received a “D” or “F” for the last 10 school years. See id.

[FN38]. Case No. 2014 CA 2786, (Fla. Jud. Cir.), appeal filed, Case No. 16-2862, (Fla. 1st DCA 2016).

[FN39]. Id.

[FN40]. Id. “The Court also concludes that local school boards, pursuant to their constitutional responsibility to ‘operate, control and supervise” schools and to ‘determine the rate of school district taxes' in support of schools, are ‘part of the state system of public education’ and play a very important role in delivering education in Florida. To the extent that Plaintiffs complain about particular levels of student performance or the availability of resources in particular schools, those are matters within the authority of local school boards.” Id at 14.

[FN41]. The Commissioner of Education is required to report intervention and support strategies used by school districts whose students in both the highest and lowest quartiles exceed the statewide learning growth for students in those quartiles. See s. 1008.345(5)(b), F.S.

[FN42]. See Florida Department of Education, Memorandum: House Bill 7069 Changes to School Improvement, DPS: 2017-92, Attachment B (July 18, 2017).

[FN43]. See id.

[FN44]. Section 1002.33(9)(n), F.S., requiring a school improvement plan for charter schools earning a grade of “D” or “F.”

[FN45]. Sections 1001.42(18)(a) and 1001.452(2), F.S. SACs are composed of principals, teachers, educational support personnel, parents, students, local business representatives, and community members. Section 1001.452(1)(a), F.S. SACs are responsible for developing and implementing the school's improvement plan, assisting in the development of the school's budget, and assisting in determinations regarding the use of school improvement funds and school recognition awards. Sections 1001.452(2) and 1008.36(4), F.S.

[FN46]. Statewide, standardized assessments include statewide, standardized assessments for English language arts (grades 3-10) and mathematics (grades 3-8); end-of-course assessments for Algebra I, Algebra II, Geometry, Biology I, Civics, and U.S. History; the Statewide Science Assessment (grades 5 and 8), and their associated alternate assessments for students with significant cognitive disabilities. See s. 1008.22(3), F.S.

[FN47]. Subgroups include economically disadvantaged students, students from major racial/ethnic groups, students with disabilities, and students with limited English proficiency. 20 U.S.C. s. 6311(b)(2)(C)(v)(II).

[FN48]. A Level 3, Level 4, or Level 5 constitutes a passing score on statewide, standardized assessments. Section 1008.34(1)(a), F.S.

[FN49]. See s. 1008.34(3)(b), F.S.

[FN50]. Section 1008.34(3)(b)2.a., F.S.

[FN51]. Section 1001.42(18)(a) 1., F.S.

[FN52]. See Florida Department of Education, Form DA-2 Checklist for Focus and Priority Schools (Dec. 2014), available at https://www.flrules.org/gateway/reference.asp?No=Ref-04620 (incorporated by reference in rule 6A-1.099811, F.A.C.).

[FN53]. CIMS is a web application developed by the DOE's Bureau of School Improvement to provide district and school teams with an online platform for collaborative planning and problem solving as well as a public site for stakeholders to access approved plans. Florida Department of Education, Bureau of School Improvement, Welcome to CIMS, https://www.floridacims.org/ (last visited Aug. 17, 2016).

[FN54]. Florida Department of Education, Bureau of School Improvement, Frequently Asked Questions: SIP, https:// www.floridacims.org/faqs?category=sip (last visited Sept. 8, 2016).

[FN55]. Section 1008.345(6)(d), F.S.

[FN56]. Section 1002.33(9)(n) 1., F.S.

[FN57]. Section 1002.33(9)(n)2.a., F.S.

[FN58]. Section 1002.33(9)(n)2.b., F.S.

[FN59]. Section 1002.33(9)(n)2.d., F.S.

[FN60]. Section 1002.33(9)(n)2.c. and e., F.S. Implementation of the new corrective action must begin in the school year following the implementation period of the existing corrective action. The sponsor may waive corrective actions if it determines that the charter school is likely to improve its grade if additional time is given to implement the school

improvement plan. The sponsor may also extend the implementation period for a corrective action based upon a similar standard. The sponsor may not waive or extend corrective actions if the charter school earns a second consecutive grade of “F” while in corrective action. Id. Unless an exception applies, such a charter school must be terminated by the sponsor. Section 1002.33(9)(n) 4, F.S.

[FN61]. Section 1002.33(9)(n) 4., F.S.

[FN62]. Section 1002.33(9)(n) 6., F.S.

[FN63]. Section 1002.33(9)(n) 5., F.S.

[FN64]. Email, Florida Department of Education, Office of Government Relations (Sept. 19, 2017). Schools that would have been designated as a persistently low-performing school but were closed or converted to a charter school pursuant to s. 1008.33(4), F.S., are not included in this number. Id.

[FN65]. In Duval County School Board v. State Board of Education, 998 So. 2d 641 (Fla. 1st DCA 2008), several school districts challenged s. 1002.335 F.S., which created an independent state-level entity that could directly authorize the creation of charter schools. School districts could retain exclusive authority to sponsor charter schools if approved by the state board. The court found that the law was facially unconstitutional because it created a parallel system of free public education outside the control of locally elected school boards.

[FN66]. See ch. 1999-398, L.O.F.; Florida Department of Education, Evaluation and Reporting, Florida School Recognition Program, Frequently Asked Questions, http://www.fldoe.org/accountability/accountability-reporting/fl- school-recognition-program/FAQ.stml (last visited Mar. 13, 2017).

[FN67]. Section 3, ch. 1997-212, L.O.F.

[FN68]. Section 1008.34(1), F.S. If there are fewer than 10 eligible students with data for a component, the component is not included in the calculation. Section 1008.34(3)(a), F.S.

[FN69]. See s. 1008.33(4), F.S.

[FN70]. See s. 1008.26, F.S.

[FN71]. Section 1008.34(2), F.S.; rule 6A-1.09981(4)(d), F.A.C.

[FN72]. See s. 1008.34(3)(b), F.S.; rule 6A-1.09981(4)(a)-(c), F.A.C.

[FN73]. Other assessments used to measure college readiness, such as the Postsecondary Education Readiness Test and the College Level Examination Program, are not included in the Acceleration Success component of the school grading formula.

[FN74]. See s. 1008.34(3)(a), F.S.

[FN75]. Section 3, ch. 1997-212, L.O.F., initially codified at s. 231.2905 (1), F.S., redesignated in 2002 as s. 1008.36 (1), F.S.

[FN76]. Section 1008.36(2), F.S.; Florida Department of Education, Accountability Reporting, Florida School Recognition Program: Frequently Asked Questions, http://www.fldoe.org/how-do-i/evaluation-reporting.stml (last visited Mar. 13, 2017).

[FN77]. Id.

[FN78]. Section 1008.36(2) and (3), F.S. A school that serves any combination of students in kindergarten through grade 3 that does not receive a school grade because its students are not tested and not included in the school grading system receives the school grade designation of a K-3 feeder pattern school, if at least 60 percent of the students in the K-3 school are scheduled to be assigned to the graded school. Section 1008.34(3)(a) 2., F.S.

[FN79]. Section 1008.341(2), F.S. Alternative schools have the option of receiving a school improvement rating. There are 3 ratings: commendable, maintaining, and unsatisfactory. Id.

[FN80]. Section 1008.36(5), F.S.

[FN81]. See text accompanying notes 234-237, infra, for the requirements for renewal of a professional educator certificate.

[FN82]. Section 1001.42(18)(b), F.S.

[FN83]. Section 1001.42(18)(a), F.S.

[FN84]. Early warning system is already a component of the school improvement plan for schools with a grade of “D” or “F.” See Florida Department of Education, Form SIP-1, School Improvement Plan (Dec. 2014), available at https:// www.flrules.org/gateway/readRefFile.asp?refId=4622&filename=SIP-1_2014-15.pdf (incorporated by reference in rule 6A-1.099811, F.A.C.).

[FN85]. Section 1002.33(5)(a), (6)(h), (7) and (9)(a), F.S.

[FN86]. Section 1002.33(2)(b) 3. and (16), F.S.

[FN87]. Section 1002.33(2)(a) 1., F.S.

[FN88]. Section 1002.33(3)(a), F.S.

[FN89]. Section 1002.33(12)(i), F.S.

[FN90]. Section 1002.33(5)(a) 1., F.S.

[FN91]. Section 1002.33(6)(a), F.S.

[FN92]. Section 1002.33(6)(b), F.S.

[FN93]. Note: The number of draft applications submitted declined from 43 in 2014 to 22 in 2015, see Annual Authorizer Reports, available at http://www.fldoe.org/schools/school-choice/charter-schools/authorizers/ annual-authorizer-reports.stml.

[FN94]. Section 1002.331(1), F.S. A financial emergency condition includes failure to pay short-term loans, make bond debt service or pay long-term debt payments due to lack of funds; failure to pay uncontested creditor claims within 90 days; failure to pay withheld employee income taxes or make employer contributions to social security or pensions; or failure for one pay period to pay wages, salaries, and retirement benefits owed. Section 218.503(1), F.S. A charter school in the workplace satisfies audit requirements if the auditor finds that sufficient monetary resources are available to cover any reported deficiency or if the deficiency does not result in a deteriorating financial condition. Section 1002.331(1)(c), F.S. A “deteriorating financial condition” is a circumstance that significantly impairs the ability of a charter school to generate enough revenues to meet its expenditures without causing the occurrence of a financial emergency condition described in s. 218.503(1), F.S. Section 1002.345(1)(a) 3., F.S.

[FN95]. Section 1002.331(3)(a), F.S.

[FN96]. Section 1002.33(6)(b)3.b., F.S.

[FN97]. Section 1002.331(3)(b), F.S.

[FN98]. Section 1002.33(6)(b)3.c., F.S.

[FN99]. Section 1002.332(1)(b), F.S.

[FN100]. Section 1002.332(2), F.S.

[FN101]. Section 1002.33(13), F.S.

[FN102]. A sponsor can be a district school board that approves the charter and holds the contract. Section 1002.33(5) (a) 1., F.S.

[FN103]. Section 1002.33(17)(a)-(b), F.S. To reflect any changes in enrollment, the charter school's funding is recalculated during the school year, based upon the October and February FTE enrollment surveys. See s. 1002.33(17) (b), F.S.

[FN104]. Section 1002.33(17)(b) and (c), F.S.

[FN105]. Section 1002.33(17)(b), F.S.

[FN106]. See, e.g., s. 1011.62(1)(f), F.S. (supplemental academic instruction); s. 1011.62(6), F.S. (general categoricals), s. 1011.67, F.S. (instructional materials), s. 1011.62(12), F.S. (digital classrooms); s. 1011.68, F.S. (student transportation), s. 1011.685, F.S. (class size reduction), and s. 1012.71, F.S. (Florida Teachers Classroom Supply Assistance Program).

[FN107]. Section 1002.33(17)(b), F.S.

[FN108]. Section 1002.33(20)(a) 1., F.S. See also, Florida Attorney General Opinion, AGO 2013-04, stating that the administrative fee includes costs to administer state district assessments, available at http://www.myfloridalegal.com/ ago.nsf/Opinions/D20AD30420BB793B85257B3C0052B3A6.

[FN109]. Section 1002.33(20)(a) 2., F.S.

[FN110]. Section 1002.33(20)(a) 2., F.S. When a charter school's enrollment exceeds 250 students, it must reserve an amount of total operating funds equal to the difference between the total administrative fee calculation and the actual amount withheld for capital outlay purposes. Id.

[FN111]. Section 1002.33(20)(a) 4., F.S. When the enrollment within a system of charter schools exceeds 500 students, an amount of total operating funds equal to the difference between the total administrative fee calculation and the actual amount withheld may only be used for instructional, administrative, or capital outlay purposes. Section 1002.33(20) (a) 5., F.S.

[FN112]. Section 1002.33(20)(a) 4. and 6., F.S.

[FN113]. Section 1002.33(20)(a) 3., F.S.

[FN114]. Section 1002.33(20)(a) 2., F.S.

[FN115]. Section 1002.33(20)(a) 8., F.S.

[FN116]. Section 1002.33(20)(a) 7., F.S.

[FN117]. Section 1002.33(23), F.S.

[FN118]. Section 1002.33(21)(b)3.a., F.S.

[FN119]. Florida Department of Education, Student Achievement in Florida's Charter Schools: A Comparison of the Performance of Charter School Students with Traditional Public School Students, at v (March 2017), available at http:// www.fldoe.org/core/fileparse.php/7778/urlt/Charter_Student_Achievement_Report_1516.pdf.

[FN120]. See s. 1, ch. 2014-23, L.O.F. (revising requirements for issuance of a school grade so that any school with data from at least 10 students for a given school grades component would receive a grade).

[FN121]. Under federal law, a local educational agency is a “public board of education or other public authority legally constituted within a state for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a state, or for a combination of school districts or counties as are recognized in a state as an administrative agency for its public elementary schools or secondary schools.” 34 C.F.R. s. 303.23.

[FN122]. Section 1002.33(25), F.S.

[FN123]. Section 1008.34(1), F.S. If there are fewer than 10 eligible students with data for a component, the component is not included in the calculation. Section 1008.34(3)(a), F.S.

[FN124]. Section 1008.33(4), F.S.

[FN125]. Section 1008.26, F.S.

[FN126]. School improvement ratings, which do not include an academic achievement component but instead focus on learning gains, are offered to alternative schools because the students at these schools are often enrolled in more than one school within the school year. All alternative students' learning gains scores are included in either the alternative school or home school accountability report.

[FN127]. Section 1008.341(3), F.S.

[FN128]. Section 1008.341(2), F.S. (flush left provisions at the end of the subsection).

[FN129]. Section 1008.341(2)(a)-(c), F.S.

[FN130]. Section 1008.34(3)(d) 1., F.S.

[FN131]. Section 1008.3415, F.S.

[FN132]. Section 1002.33(18)(a), F.S.

[FN133]. Section 1002.33(18)(c), F.S.

[FN134]. Section 1002.3305(1), F.S.

[FN135]. Section 1002.3305(2)(b), F.S.

[FN136]. A charter school may be considered a part of an expanded feeder chain under s. 1013.62, F.S., if it either sends or receives a majority of its students directly to or from a charter school that is currently receiving capital outlay funding pursuant to Section 1013.62, F.S. Rule 6A-2.0020 (1), F.A.C.

[FN137]. State board rule allows “satisfactory student achievement” to be determined in accordance with a charter contract; however, a charter school that earns a school grade of “F” is not eligible for capital outlay funding for the school year immediately following the designation. Rule 6A-2.0020(2), F.A.C.

[FN138]. Section 1013.62(1)(a), F.S. A conversion charter school, i.e., a charter school created by the conversion of an existing public school to charter status, is not eligible for capital outlay funding if it operates in facilities provided by its sponsor at no charge or for a nominal fee or if it is directly or indirectly operated by the school district. Section 1013.62(1)(d), F.S.

[FN139]. Enterprise resource software applications must be “classified as capital assets in accordance with definitions of the Governmental Accounting Standards Board, have a useful life of at least 5 years, and are used to support schoolwide administration or state-mandated reporting requirements.” Section 1013.62(2)(f), F.S.

[FN140]. Section 1013.62(3)(a)-(h), F.S.

[FN141]. Specific Appropriation 16, s. 2, ch. 2012-118, L.O.F.

[FN142]. Specific Appropriation 18, s. 2, ch. 2013-40, L.O.F.

[FN143]. Specific Appropriation 25, s. 2, ch. 2014-51, L.O.F.

[FN144]. Specific Appropriation 18, s. 2, ch. 2015-232, L.O.F.

[FN145]. Specific Appropriation 19, s. 2, ch. 2016-66, L.O.F.

[FN146]. Section 1011.71(2), F.S.

[FN147]. Florida Department of Education Office of Funding and Financial Reporting, Source: Survey of Florida District School Boards, December 2011; Report Prepared May 17, 2012.

[FN148]. U.S. Department of Education , Improving Basic Programs Operated by Local Educational Agencies (Title I, Part A), available at https://www2.ed.gov/programs/titleiparta/index.html?exp=0.

[FN149]. Email, Florida Department of Education, Governmental Relations (April 10, 2017).

[FN150]. See 20 U.S.C. s. 6303(a).

[FN151]. See Florida Department of Education, ESEA Flexibility Request (August 21, 2015) at 98, available at http:// www.fldoe.org/core/fileparse.php/5637/urlt/15WaiverRenewalESEA.pdf.

[FN152]. Sections 1008.22(3), 1003.4156, and 1003.4282, F.S. Retake administrations are offered for the Grade 10 FSA ELA and Algebra I EOC assessment. Florida Department of Education, Division of Public Schools, 2016-17 Statewide Assessment Schedule Revisions and 2017-18 Preliminary Schedule Release, Memorandum (August 1, 2016), available at http://info.fldoe.org/docushare/dsweb/Get/Document-7699/dps-2016-125.pdf.

[FN153]. See s. 1008.22(3), F.S.

[FN154]. Sections 1003.4156(1)(c)-(d) and 1003.4282(3), F.S.

[FN155]. See ss. 1008.34 and 1008.341, F.S.

[FN156]. See ss. 1008.25(5) and 1003.4282(3)(a) and (b), F.S.

[FN157]. See s. 1012.34(3)(a) 1., F.S.; rules 6A-5.030(2)(a), F.A.C.

[FN158]. See s. 1008.22(3)(a); 20 U.S.C. s. 6311(b)(2)(v)(I).

[FN159]. See 20 U.S.C. s. 6311(b)(2)(B)(v)(II).

[FN160]. See s. 1008.22(3)(a) and (b), F.S.

[FN161]. Section 1008.22(7)(b), F.S.

[FN162]. Section 1008.22(7)(a), F.S.

[FN163]. Florida Department of Education, 2016-2017 Uniform Statewide Assessment Calendar (2016), available at http://fldoe.org/core/fileparse.php/5663/urlt/K12UniformAssessmentCalendar16-17.doc.

[FN164]. Florida Department of Education, Florida Statewide Assessment Program 2016-2017 Schedule (2016), available at https://info.fldoe.org/docushare/dsweb/Get/Document-7514/dps-2015-175a.pdf.

[FN165]. See s. 1008.22(3)(d) 1., F.S. See also Florida Department of Education, Florida's Transition to Computer- Based Testing for Statewide Assessments 2014-18 (2016), available at https://info.fldoe.org/docushare/dsweb/Get/ Document-7048/dps-2014-81b.pdf.

[FN166]. See id. The grade 3 ELA assessment does not include a separate writing component.

[FN167]. Florida Department of Education, Computer-based Testing, http://www.fldoe.org/accountability/assessments/ k-12-student-assessment/computer-based-testing.stml (last visited Mar. 13, 2017).

[FN168]. Email, Florida Department of Education, Bureau of K-12 Student Assessment (Nov. 3, 2016).

[FN169]. Id.

[FN170]. 20 U.S.C. s. 6311(a)(1)(B). Federal Title I funds are contingent upon a state's participation in the NAEP, which is administered through the National Center for Education Statistics, the primary federal entity for collecting and analyzing state related to education in the U.S. National Center for Education Statistics, About Us, https://nces.ed.gov/ about/ (last visited Mar. 17, 2017).

[FN171]. See s. 1008.22(2), F.S.

[FN172]. See ss. 1008.212 and 1008.22(10), F.S.

[FN173]. See s. 1008.22(3)(c) 4., F.S.; rule 6A-1.09430(1), F.A.C.; see also Florida Department of Education, Division of Public Schools and Bureau of Exceptional Education and Student Services, Statewide Assessment for Students with Disabilities, Technical Assistance Paper 2010-92 (July 15, 2010). Access points provide students with significant cognitive disabilities access to the Florida Standards at reduced levels of complexity.

[FN174]. See ss. 7 and 15, ch. 2015-6, L.O.F., codified at s. 1008.22(3)(g) 2., F.S.

[FN175]. Section 1008.22(7)(a), F.S.

[FN176]. Florida Department of Education, Understanding the New Score Report, http://fldoe.org/accountability/ assessments/fsa-report.stml (last visited Mar. 13, 2017).

[FN177]. See e.g., Florida Department of Education, The Florida Standards Assessment English Language Arts Grade 3 Score Report (2016), available at http://fldoe.org/core/fileparse.php/5651/urlt/3ELATemplate.pdf.

[FN178]. Pub. L. No. 114-95, 129 Stat. 1802 (Dec. 10, 2015); 20 U.S.C. s. 6301 et seq.

[FN179]. Pub. L. No. 107-110, 115 Stat. 1425 (Jan. 8, 2002).

[FN180]. 20 U.S.C. s. 6311(b)(1).

[FN181]. 20 U.S.C. s. 6311(b)(2).

[FN182]. For purposes of statewide accountability systems, student subgroups include economically disadvantaged students, students from major racial and ethnic groups, children with disabilities, and English learners. 20 U.S.C. s. 6311(c)(2).

[FN183]. 20 U.S.C. s. 6311(c)(4)(A).

[FN184]. 20 U.S.C. s. 6311(c)(4)(B).

[FN185]. An English learner is between 3 to 21 years old; is enrolled or preparing to enroll in an elementary or secondary school; was not born in the U.S. or has a native language other than English; and has difficulties in speaking, reading, writing, or understanding the English language such that the student cannot meet the state's academic standards, cannot achieve in a classroom with instruction in English, or does not have the opportunity to participate fully in society. See 20 U.S.C. s. 7801(20).

[FN186]. 20 U.S.C. s. 6311(c)(4)(C).

[FN187]. 20 U.S.C. s. 6311(c)(4)(D).

[FN188]. See 20 U.S.C. s. 6311(h)(1) and (2).

[FN189]. 20 U.S.C. s. 6311(b)(2).

[FN190]. See 20 U.S.C. s. 6311(b)(2)(H).

[FN191]. 20 U.S.C. s. 6311(b)(2)(H)(i)-(v).

[FN192]. Catherine Gewertz, Approval Deferred on ACT for Accountability in Wyo., Wis., EDUCATION WEEK (Feb. 7, 2017), available at https://www.edweek.org/ew/articles/2017/02/08/approval-deferred-on-act-for-accountability- in.html.

[FN193]. See Letter from Ary Amerikaner, Deputy Assistant Secretary U.S. Department of Education, to Jillian Balow, State Superintendent of Public Instruction, Wyoming Department of Education (Dec. 2, 2016), available at https://www2.ed.gov/admins/lead/account/nclbfinalassess/wy5.pdf; Letter from Ann Whalen, Senior Advisor to the Secretary, U.S. Department of Education, to Tony Evers, State Superintendent, Wisconsin Department of Public Instruction (Jan. 13, 2017), available at https://www2.ed.gov/admins/lead/account/nclbfinalassess/wi6.pdf.

[FN194]. Id.

[FN195]. See s. 1008.23 F.S.

[FN196]. See rule 6A-10.042, F.A.C.

[FN197]. Florida Department of Education, Agency Analysis of 2016 House Bill 549 p. 3 (Feb. 7, 2017).

[FN198]. Id at 2-3.

[FN199]. Florida Department of Education, Testimony by the Assistant Deputy Commissioner for the Division of Accountability, Research, and Measurement before the House PreK-12 Quality Subcommittee (Mar. 20, 2017).

[FN200]. Florida Department of Education, Agency Analysis of 2017 House Bill 549, p. 3 (Feb. 7, 2017).

[FN201]. Id at 3.

[FN202]. Id at 3.

[FN203]. See id at 3.

[FN204]. David Morganstein & Ron Wasserstein, ASA Statement on Using Value-Added Models for Educational Assessment 1 STATISTICS & PUB. POL'Y 108 (2014).

[FN205]. Raj Chetty, John Friedman, and Jonah Rockoff, Discussion of the American Statistical Association's Statement (2014) on Using Value-Added Models for Educational Assessment (2014), available at http://amstat.tandfonline.com/ doi/pdf/10.1080/2330443X.2014.956906?needAccess=true.

[FN206]. Bellwether Education Partners, Ensuring Effective Teachers For All Students: hearing before the House PreK-12 Quality Subcommittee (Jan. 11, 2017) (citing Bill & Melinda Gates Foundation, Gathering Feedback for Teaching (2011)).

[FN207]. See rule 6A-5.0411, F.A.C. The Commissioner of Education adopted the committee's recommended value- added model (VAM) student learning growth formula for FCAT Reading and Mathematics assessments in June 2011. See Florida Department of Education, Florida's Value Added Model (2011) at 11, available at http://www.fldoe.org/ core/fileparse.php/7566/urlt/0075073-presentationvalue-addedmodel.pdf.

[FN208]. Section 1012.34(3)(a), F.S.

[FN209]. See s. 1012.34(2) and (8), F.S.

[FN210]. Rule 6A-5.0411(3)(a)3., F.A.C. The law specifies student attendance, disability, and English proficiency as variables that must be considered in formula development. Section 1012.34(7)(a), F.S.

[FN211]. Jeffrey Solochek, How does Florida's VAM work (in English)?, Tampa Bay Times, February 26, 2014, http:// www.tampabay.com/blogs/gradebook/how-does-floridas-vam-work-in-english/2167478 (last visited Apr. 29, 2016). See rule 6A-5.0411, F.A.C.

[FN212]. See Tennessee Department of Education, Tennessee Value-Added Assessment System, http://www.tn.gov/ education/topic/tvaas (last visited Apr. 19, 2017).

[FN213]. See SAS Institute, Inc., TVAAS: What's New in 2016 (2016), available at https://tvaas.sas.com/support/ TVAAS-WhatsNew2016.pdf.

[FN214]. Sections 1012.55(1) and 1002.33(12)(f), F.S.

[FN215]. Sections 1002.33(12)(f) (charter school teachers) and 1012.55(1), F.S. District school boards and charter school governing boards are authorized to hire non-certified individuals who possess expertise in a given field to serve in

an instructional capacity. Rule 6A-1.0502, F.A.C.; ss. 1002.33(12)(f) and 1012.55(1)(c), F.S. Occupational therapists, physical therapists, audiologists, and speech therapists are not required to be certified educators. Rule 6A-1.0502(10) and (11), F.A.C.

[FN216]. Section 1012.54, F.S.; see rule 6A-4.001(1), F.A.C.

[FN217]. Rule 6A-4.004(2), F.A.C.

[FN218]. Section 1012.56(7)(a), F.S.; see rule 6A-4.0051(3)(c), F.A.C. (validity period is expressed as 5 years from July 1 of the school fiscal year). DOE also issues a nonrenewable 5-year professional certificate that allows an applicant with a bachelor's degree in the area of speech-language impairment to complete a master's degree in speech-language impairment. Section 1012.56(7)(c), F.S.; rule 6A-4.004(3), F.A.C.

[FN219]. Rule 6A-4.004(1)(a)2., F.A.C.

[FN220]. Section 1012.56(7), F.S. (flush-left provisions at end of subsection; validity period is expressed in school fiscal years); rule 6A-4.004(1)(a), F.A.C. DOE also issues a nonrenewable temporary certificate, which is valid for 2 years, in the area of speech-language impairment. Sections 1012.56(7)(c) and 1012.54, F.S.; rule 6A-4.001(1), F.A.C.

[FN221]. Section 1012.55(2), F.S.

[FN222]. Rule 6A-4.004(4), F.A.C. (validity periods expressed in school fiscal years).

[FN223]. See rule 6A-4.0282, F.A.C.

[FN224]. Section 1012.57(1) and (4), F.S. An additional annual certification and an additional annual contract may be awarded by the district at its discretion only if the adjunct teacher is rated effective or highly effective during each year of teaching under the adjunct certification. Section 1012.57(4), F.S.

[FN225]. Section 1012.56(2)(a)-(f), F.S.

[FN226]. Section 1012.56(2)(c), F.S.; rule 6A-4.003(1), F.A.C. (approved accrediting agencies); see also 34 C.F.R. ss. 602.1-602.50; U.S. Department of Education, Regional and National Institutional Accrediting Agencies, https:// www2.ed.gov/admins/finaid/accred/accreditation_pg6.html#NationallyRecognized (last visited Mar. 9, 2017) (list of accrediting agencies approved by the U.S. Department of Education).

[FN227]. Section 1012.56(2)(c), F.S.; rule 6A-4.003(2), F.A.C. (criteria for approval of nonaccredited institutions of higher learning). For initial certification, an applicant must attain at least a 2.5 overall grade point average on a 4.0 scale in the applicant's major field of study. Section 1012.56(2)(c), F.S.

[FN228]. Section 1012.56(1), F.S.; see s. 1012.59, F.S. The fee for initial certification is $75 per subject area. Rule 6A-4.0012(1)(a)1. and 2., F.A.C.

[FN229]. Telephone interview with Bureau Chief, Florida Department of Education, Bureau of Educator Certification (Feb. 23, 2017).

[FN230]. Section 1012.56(2)(a)-(f) and (7)(b), F.S.

[FN231]. Section 1012.56(1)(b), F.S.; rule 6A-4.004(1)(a)2., F.A.C.

[FN232]. Section 1012.56(7)(b), F.S.; Florida Department of Education, Subject Area Knowledge, http://www.fldoe.org/ edcert/mast_sub.asp (last visited April 28, 2016).

[FN233]. Section 1012.56(7)(b), F.S. The degree and content requirements are specified in ch. 6A-4, F.A.C.

[FN234]. Section 1012.56(2)(c), F.S.; see Florida Department of Education, Certificate Types and Requirements, http:// www.fldoe.org/teaching/certification/general-cert-requirements/index.stml (last visited Mar. 9, 2017).

[FN235]. Section 1012.56(7), F.S. (flush-left provisions at end of subsection).

[FN236]. Id.

[FN237]. Id.

[FN238]. Section 1012.56(2)(a)-(f), F.S.; see supra text accompanying notes 12-15.

[FN239]. Section 1012.56(2)(g) and (3), F.S.; Florida Department of Education, General Knowledge, http:// www.fldoe.org/edcert/mast_gen.asp (last visited Mar. 9, 2017).

[FN240]. Section 1012.56(2)(h) and (5), F.S.

[FN241]. Section 1012.56(2)(i) and (6), F.S.; Florida Department of Education, Professional Preparation and Education Competence, http://www.fldoe.org/edcert/mast_prof.asp (last visited Mar. 9, 2017) [hereinafter Professional Preparation and Education Competence].

[FN242]. Sections 1012.56(7)(a) and 1012.585, F.S.; rule 6A-4.0051(1), F.A.C.

[FN243]. Section 1012.56(6)(a) and (b), F.S.; see s. 1004.04, F.S.; rule 6A-4.003(1) and (4), F.A.C. (accreditation of teacher education programs). The Professional Education Test is part of the Florida Teacher Certification Examinations. Rule 6A-4.0021(8), FA.C.

[FN244]. Section 1012.56(6)(g)-(h), F.S.; see ss. 1004.85 and 1012.56(8), F.S.; rule 6A-5.066(2)(b)1.d. and (c)1.d., F.A.C.

[FN245]. Section 1012.56(6)(f), F.S.; rule 6A-4.006(2)(a), F.A.C. Separate professional preparation course requirements are established for certification in Agriculture (grades 6-12). Rule 6A-4.006(3)(a), F.A.C.

[FN246]. The Professional Training Option for Content Majors authorizes an approved teacher preparation program at a postsecondary institution in Florida to allow students who do not major in education but do major or minor in a content area (e.g., English major) to satisfy professional preparation course requirements. Rule 6A-5.066(3), F.A.C.

[FN247]. Professional Preparation and Education Competence, supra note 237; see rules 6A-4.002(5) and 6A-4.006(2) (b), F.A.C.

[FN248]. Section 1012.56(6)(f), F.S. Each school district must, and a state-supported public or private school may, establish a professional education competence demonstration program that allows the district's or school's instructional staff to demonstrate mastery of professional preparation and education competence through a performance evaluation plan, which documents the staff's classroom application and instructional performance. See s. 1012.56(8)(b), F.S.

[FN249]. Section 1012.56(6)(f), F.S.

[FN250]. Section 1012.56(6)(c)-(d), F.S.; see rule 6A-4.002(1)(i)-(j), F.A.C.

[FN251]. Section 1012.56(6)(d), F.S.; rule 6A-4.002(1)(j), F.A.C.; Professional Preparation and Education Competence, supra note 237.

[FN252]. Section 1012.56(6)(e), F.S. A non-accredited institution of higher learning is approved as having a quality program if the institution meets one of the following criteria: is accepted for certification purposes by the state department of education where the institution is located; holds a certificate of exemption pursuant to s. 1005.06, F.S.; is a newly created Florida public college or university that offers a bachelor's or higher degree program; is located outside the U.S. and awards a degree that is the equivalent to a bachelor's or higher degree awarded by an accredited or approved institution in the U.S.; or the degree from the institution was accepted by an accredited or approved institution either in transfer or as a basis for admission into the graduate program which resulted in the conferral of a higher degree. Rule 6A-4.003(2), F.A.C.

[FN253]. Chapter 2016-117, L.O.F.

[FN254]. Florida Department of Education, Pathways to the Professional Certificate: hearing before the House PreK-12 Quality Subcommittee (Feb. 15, 2017), available at http://www.myfloridahouse.gov/Sections/Documents/ loaddoc.aspx?PublicationType=Committees&CommitteeId=2909&Session=201 7&DocumentType=MeetingP#ackets&FileName=pkq2#-15-17.pdf.

[FN255]. Section 1012.585(2)(a), F.S.

[FN256]. Rule 6A-4.0051(3)(b), F.A.C. The DOE processes certification renewals for individuals who are not employed by district school boards. Section 1012.585(1)(b), F.S. District school boards are responsible for processing certificate renewals for school district employees. Section 1012.585(1)(a), F.S.

[FN257]. The fee for a certification renewal is $75. Rules 6A-4.0051(3)(b), F.A.C. and 6A-4.0012(1)(a)1.

[FN258]. Section 1012.585(3)(a), F.S. Applicants may combine college credits and inservice points to meet this requirement. One semester hour of college credit is equivalent to 20 inservice points. Rule 6A-4.0051(1)(a)2., F.A.C. College credits must be earned at an accredited or state board-approved institution. Inservice points must be earned through participation in state board-approved school district inservice activities. Rule 6A-4.0051(1)(a), F.A.C.; see rule 6A-4.003(1) and (2), F.A.C. (list of approved accrediting agencies and guidelines for nonaccredited approved institutions).

[FN259]. Section 1012.585(3)(a), F.S.

[FN260]. Section 1012.585(3)(c), F.S.; rule 6A-4.0051(2)(c), F.A.C.

[FN261]. Section 1012.585(3)(a), F.S.

[FN262]. Rule 6A-4.0051(5), F.S.

[FN263]. Section 1012.585(3)(d) 1., F.S.

[FN264]. Section 1012.585(3)(d) 2., F.S.

[FN265]. Section 1012.585(4), F.S. This required training may not add to the total hours required by the DOE for continuing education or inservice training. Id.

[FN266]. Section 1012.585(3)(b), F.S. For the purposes of renewing a professional certificate, passage of a subject area examination is equivalent to three semester hours of college credit. Rule 6A-4.0051(1)(b), F.A.C.

[FN267]. Section 1012.585(2)(b), F.S.; rule 6A-4.0051(1)(c), F.A.C.

[FN268]. Florida Department of Education, Educator Preparation, http://www.fldoe.org/teaching/preparation (last visited Mar. 9, 2017). See also rule 6A-5.066, F.A.C.

[FN269]. Rule 6A-5.066, F.A.C.

[FN270]. Section 1012.98(1), F.S.

[FN271]. Section 1012.98(4)(a), F.S. The web-based statewide performance support system can be accessed at https:// www.floridaschoolleaders.org.

[FN272]. Id.

[FN273]. Section 1012.98(11), F.S.

[FN274]. Section 1012.98(7), F.S.

[FN275]. Section 1012.98(4)(b), F.S.

[FN276]. Section 1012.98(4)(b), F.S.

[FN277]. Section 1012.98(9), F.S.

[FN278]. Richard Ingersoll, Beginning Teacher Induction: What the Data Tell Us, http://www.edweek.org/ew/ articles/2012/05/16/kappan_ingersoll.h31.html (last visited Mar. 6, 2017).

[FN279]. See id.

[FN280]. Id.

[FN281]. See id.

[FN282]. See id. See also The New Teacher Center, Support from the Start: A 50-State Review of Policies on New Educator Induction and Mentoring (2016) at iii-iv, available at https://newteachercenter.org/wp-content/ uploads/2016ExecSummaryStatePolicies.pdf.

[FN283]. See Richard Ingersoll, Beginning Teacher Induction: What the Data Tell Us, http://www.edweek.org/ew/ articles/2012/05/16/kappan_ingersoll.h31.html (last visited Mar. 6, 2017).

[FN284]. See s. 1012.56(8)(a) 3., F.S.

[FN285]. Id. School district personnel evaluation systems differentiate among four levels of performance: Highly Effective; Effective; Needs improvement (or Developing for instructional personnel in their first 3 years of employment who need improvement); and Unsatisfactory. Section 1012.34(2)(e), F.S.

[FN286]. Exec. Order No. 01-260 (2001).

[FN287]. Section 8, ch. 2006-74, L.O.F.

[FN288]. Requirements relating to district reading plans are found in s. 1011.62(9), F.S.

[FN289]. Section 1001.215, F.S.

[FN290]. Rule 6A-4.0291, F.A.C.

[FN291]. Rule 6A-4.0292, F.A.C.

[FN292]. See ss. 1004.04(2)(b) 3. and 1004.85(3)(a)c., F.S. See also rules 6A-4.0163 and 6A-5.066(1)(hh)4., F.A.C.

[FN293]. Rule 6A-5.066(1)(hh)4.a., F.A.C.

[FN294]. Rule 6A-5.066(1)(hh)4.b., F.A.C.

[FN295]. The bill defines “reading interventions” as evidence-based strategies frequently used to remediate reading deficiencies and include individual instruction, tutoring, or mentoring that target specific reading skills and abilities.

[FN296]. Section 1008.25(5)(a), F.S. Students in kindergarten through 2nd grade do not participate in statewide, standardized assessments.

[FN297]. Section 1008.25(4)(a).

[FN298]. Section 1002.69, F.S.

[FN299]. Id.; s. 1002.67(1), F.S.

[FN300]. On January 9, 2017, the department issued an Intent to Award a contract to Renaissance Learning, Inc. to provide the kindergarten readiness screener. See Florida Department of Education, Bid No. ITN 2017-11 Intent to Award (Jan. 9, 2017).

[FN301]. Section 1008.25(4)(b), F.S.

[FN302]. Section 1008.25(3), F.S.

[FN303]. See Rules 6A-6.0331(1) and 6A-1.099811(2)(r), F.A.C.

[FN304]. Rule 6A-6.0331(a), F.S.

[FN305]. See id.

[FN306]. Section 1008.25(5)(a)-(b), F.S.

[FN307]. Section 1008.25(6)(b), F.S.

[FN308]. Section 1008.25(7)(b), F.S.

[FN309]. Id.

[FN310]. Section 1008.25(7)(b) 5., F.S. This provision is obsolete, as the law now prohibits retaining a student more than once in third grade. See s. 1008.25(6)(b) 6., F.S.

[FN311]. Section 1008.25(8)(a), F.S.

[FN312]. Rule 6A-6.053(6)(e), F.A.C.

[FN313]. The major components include phonemic awareness; phonics; vocabulary development; reading fluency, including oral reading skills; and reading comprehension Rule 6A-6.0331(6)(d)1., F.A.C.

[FN314]. Rule 6A-6.053(6)(e), F.A.C.

[FN315]. Section 1011.67(2), F.S.

[FN316]. Sections 1006.28(1)(a)1. and 1006.40(3), F.S. Materials not on the state adopted list include library books, reference books, and non-print materials. Section 1006.40(3)(b)., F.S.

[FN317]. Section 1011.62(6)(b) 5., F.S.

[FN318]. Section 1006.40(7), F.S.

[FN319]. E.g., novels that are included in a recommended or required reading list or checked out of the school library by the classroom teacher or a student.

[FN320]. Section 23, ch. 99-398, L.O.F.

[FN321]. Florida House of Representatives, Council for Lifelong Learning, Supplemental Academic Instruction Fact Sheet (Sept. 2001) available at http://archive.flsenate.gov/data/publications/2002/house/reports/EdFactSheets/ facts#heets/supplementalacademicinstruction.pdf.

[FN322]. Section 1011.62(1)(f), F.S.

[FN323]. Section 1011.62(9), F.S.

[FN324]. Id. at (9)(c).

[FN325]. Section 1011.62(9)(d), F.S. See also Rule 6A-6.053, F.A.C.

[FN326]. Id.

[FN327]. Id.

[FN328]. Id.

[FN329]. Specific Appropriations 7 and 9, s. 2, ch. 2016-66, L.O.F. The amount of $115,000 was allocated to each district and the remaining balance allocated based on each district's proportion of the total K-12 based funding. Id.

[FN330]. Florida Department of Education, Florida Instructional Materials Adoption Schedule for Adoption Years 2015-2016 through 2019-2020 (Feb. 3, 2015), available at http://www.fldoe.org/core/fileparse.php/5574/urlt/ AdoptionCycle.pdf.

[FN331]. Section 1003.42(2)(a)-(d), F.S.

[FN332]. Section 1003.42(2)(s), F.S.

[FN333]. Id.

[FN334]. Id.

[FN335]. See CPALMS, Browse and Search Standards, http://www.cpalms.org/Public/search/Standard (last visited Feb. 27, 2017) (providing the Next Generation Sunshine State Standards for each subject area, by grade level).

[FN336]. See rule 6A-1.09401, F.A.C. See also Lou Frey Institute, Civic Education in Florida: hearing before the House PreK-12 Quality Subcommittee (Feb. 15, 2017), available at http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx? PublicationType=Committees&CommitteeId=2909&Session=2017&DocumentType=MeetingP#ackets&FileName=pkq2#-15-17.pdf.

[FN337]. Section 1003.4156(1)(c), F.S.

[FN338]. See ss. 1003.4156(1)(c), 1008.34(3)(b)1.i., F.S.

[FN339]. Florida Department of Education, PK-12 Education Information Portal: Civics EOC, https:// edstats.fldoe.org/SASPortal/public (last visited Feb. 27, 2017).

[FN340]. Section 1003.4282(3)(d), F.S.

[FN341]. Id.

[FN342]. Office of Program Policy Analysis and Government Accountability, OPPAGA Research on Postsecondary Civics Education: hearing before the House PreK-12 Quality Subcommittee (Feb. 15, 2017), available at http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx? PublicationType=Committees&CommitteeId=2909&Session=2017&DocumentType =MeetingP#ackets&FileName=pkq2#-15-17.pdf.

[FN343]. See s. 1007.25(3), F.S.

[FN344]. See rule 6A-14.0303(1)(e), F.A.C. (establishing FCS general core course options for social sciences); Florida Board of Governors Regulation 8.005(1)(e) (establishing SUS general core course options for social sciences).

[FN345]. Office of Program Policy Analysis and Government Accountability, OPPAGA Research on Postsecondary Civics Education: hearing before the House PreK-12 Quality Subcommittee (Feb. 15, 2017), available at http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx? PublicationType=Committees&CommitteeId=2909&Session=2017&DocumentType =MeetingP#ackets&FileName=pkq2#-15-17.pdf.

[FN346]. See id.

[FN347]. Daniel Wilingham, How Knowledge Helps, http://www.aft.org/periodical/american-educator/spring-2006/ how-knowledge-helps (last visited Feb. 28, 2017).

[FN348]. See Doug Lemov, How Knowledge Powers Reading, http://www.ascd.org/publications/educational-leadership/ feb17/vol74/num05/How-Knowledge-Powers-Reading.aspx (last visited Feb. 28, 2017). See also E.D. Hirsch, Jr., Building Knowledge: The Case for Bringing Content into the Language Arts Block and for a Knowledge-Rich Curriculum Core for all Children, http://www.aft.org/periodical/american-educator/spring-2006/building-knowledge (last visited Feb. 28, 2017).

[FN349]. See id.

[FN350]. Knowledge Matters Campaign, Restoring Wonder and Excitement to the Classroom (2012) at 5, available at http://knowledgematterscampaign.org/wp-content/uploads/2016/03/WhyKnowledgeMatters-1.pdf.

[FN352]. See, e.g., District of Columbia Public Schools, Scope and Sequence: Fifth Grade (2014), available at http:// dcps.dc.gov/sites/default/files/dc/sites/dcps/publication/attachments/SY14-15ËLAG#rade0#5S#AS.pdf.

[FN353]. New York State Education Department, New York State ELA Curriculum, https://www.engageny.org/english- language-arts (last visited Feb. 28, 2017).

[FN354]. The Core Knowledge Foundation, The NYC Core Knowledge Early Literacy Pilot (2012) at 13, available at http://www.coreknowledge.org/mimik/mimik_uploads/documents/712/CKËarlyL#iteracy0#Pilot0#30#121#2.pdf.

[FN355]. Section 1002.45, F.S.

[FN356]. Sections 1002.33(1) and 1002.45(1)(d), F.S.

[FN357]. Section 1003.498, F.S.

[FN358]. Sections 1002.37 and 1002.45(1)(a) 1. and (c)1., F.S.

[FN359]. Sections 1002.45(5) and 1002.455(2), F.S.

[FN360]. Section 1002.455(2), F.S.

[FN361]. Section 1002.37(8)(a), F.S.

[FN362]. Section 1002.455(2), F.S.

[FN363]. Section 1002.385(1), F.S.

[FN364]. Section 1002.385(2)(e), F.S.

[FN365]. Section 1002.385, F.S.

[FN366]. Section 1002.385(5), F.S.

[FN367]. Section 1003.01(13)(b)-(d), F.S.

[FN368]. Section 1002.385(2)(d), F.S.

[FN369]. Section 1002.385(3)(a), F.S.

[FN370]. Section 1002.385(7)(a) 1., F.S.

[FN371]. Section 1002.385(3)(b), F.S.

[FN372]. Section 1002.385(12)(b), F.S.

[FN373]. Section 1002.385(4), F.S.

[FN374]. Section 1002.385(5)(m), F.S.

[FN375]. Section 1002.385(2)(a), F.S. See list of eligible providers at http://www.fldoe.org/schools/school-choice/k-12- scholarship-programs/gardiner/.

[FN376]. Section 1002.385(2)(f), F.S.

[FN377]. Section 1002.385(2)(g), F.S.

[FN378]. Section 1002.385(5), F.S.

[FN379]. See s. 1008.4282(3)(a)-(g), F.S.

[FN380]. Section 1003.01(14), F.S.

[FN381]. See s. 1008.4282(3)(a)-(d), F.S.

[FN382]. Section 1003.01(15), F.S.

[FN383]. Section 1003.4282(3), F.S.

[FN384]. The Course Code Directory requires that programs and courses funded through the FEFP and courses or programs for which students may earn elective or required credit toward high school graduation must be listed in the Course Code Directory (CCD). Rule 6A-1.0944, F.A.C.

[FN385]. Section 1003.4282(4), F.S. A school district may not require a student to take the online course outside the school day or in addition to a student's courses for a given semester. This subsection does not apply to a student who has an individual education plan under s. 1003.57, F.S., which indicates that an online course would be inappropriate or to an out-of-state transfer student who is enrolled in a Florida high school and has 1 academic year or less remaining in high school. Id.

[FN386]. Section 1003.4282(4)(a), F.S.

[FN387]. Section 1003.24, F.S. (flush-left provisions at end of section).

[FN388]. Section 1003.26, F.S.

[FN389]. Section 1003.24(4), F.S.

[FN390]. Sections 1002.20(2)(c) and 1003.21(2)(b), F.S.; rule 6A-1.09514(1) and (2), F.A.C.

[FN391]. Section 456.001(5), F.S.

[FN392]. Section 456.001(4), F.S.

[FN393]. Rule 59A-26.001, F.A.C.

[FN394]. Classroom teachers include substitute teachers. Section 1012.01(2)(a), F.S.

[FN395]. Section 1012.01(2), F.S.

[FN396]. See s. 1012.33(3)(d), F.S. (2010). Tenure is an employment policy which limits a public school district's ability to terminate the employment of instructional personnel. See 67B Am. Jur. 2d Schools s. 195; see also s. 1012.33(3), F.S. Tenure usually takes the form of a continuous or automatically renewing employment contract. Tenured instructional personnel may only be dismissed for specified reasons after statutorily required hearings. See Board of Regents v. Roth, 408 U.S. 564 (1972); 67B Am. Jur. 2d Schools s. 211.

[FN397]. Section 1012.335(1)(a), F.S.

[FN398]. Section 1012.335(1)-(2), F.S. For the purpose of awarding annual contracts, the term “instructional personnel” does not include substitute teachers. Section 1012.335(1)(b), F.S.

[FN399]. Section 1012.335(2)(c), F.S.

[FN400]. Chapter 2005-209, Laws of Florida

[FN401]. Section 1013.738 (2), F.S.

[FN402]. Chapter 2005-209, Laws of Florida

[FN403]. See Staff of the Florida House of Representatives, Legislative Bill Analyses for HB 5101 and HB 5103 (2017) (analyzing identical and similar provisions under the bill); See also Staff of the Florida Senate, Legislative Bill Analysis for SB 2516.

[FN404]. http://www.usac.org/sl/applicants/beforeyoubegin/eligible-services-list.aspx

[FN405]. See Staff of the Florida House of Representatives, Legislative Bill Analysis for HB 1139 (2017).

[FN406]. See Staff of the Florida House of Representatives, Legislative Bill Analysis for CS/HB 1131 (2017).

[FN407]. See Staff of the Florida House of Representatives, Legislative Bill Analysis for HB 1229 (2017).

[FN408]. See Staff of the Florida House of Representatives, Legislative Bill Analysis for HB 1365 (2017); cf. Specific Appropriation 108, s. 2, SB 2500 (2017).

[FN409]. See Staff of the Florida House of Representatives, Legislative Bill Analysis for HB 655 (2017).

[FN410]. See Staff of the Florida House of Representatives, Legislative Bill Analysis for CS/HB 827 (2017).

FL Staff An., H.B. 7069, 10/11/2017