§230.761 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §230.7651

(3) STUDENT FEES.-Fees may be charged to students attending a junior college only as authorized by and pursuant to regula­tions of the state board.

Wstory.-§3, ch. 19159, 1939; §49, ch. 23726, 1947; §6, ch. 57-252; §39, ch. 65-239 ; §11, ch. 68-5 ; §§ 15, 35, ch . 69-106; §1, ch. 69-300; §10, ch. 70-94.

•Note.-§10 of ch. 70-94 repeals subsection (2) effective July 1, 1971.

Note.-Formerly §242.43 ; §230.48; §230 .0111.

230.764 Department of education to deter­mine units for junior colleges and to authorize recalculation.-

(!) DEPARTMENT OF EDUCATION TO DETERMINE UNITS.-The department of ed­ucation shall determine from reports submitted by presidents of junior colleges as prescribed by regulations of the state board the average daily attendance of students, the instructional personnel employed, and the number of stu­dents transported in the junior colleges autho­rized by law and regulations of the state board. On the basis of said reports the department shall determine the number of instruction and transportation units in each junior college as hereinafter prescribed.

(2) RECALCULATION AUTHORIZED.­(a) If in any junior college in any year the

average daily attendance of students for the first two months of any academic year is greater than the average daily attendance in the junior college during the first two months of the preceding academic year, the department shall have the authority to authorize an increase in the amount of funds allocated for the junior col­lege minimum foundation program fund for that junior college by the percentage increase in average daily attendance.

(b) State funds provided in §236.075 re­lating to district school sales tax funds shall be increased by the same percentage by which the state funds for the minimum foundation program are increased for that junior college pursuant to this section.

History.-§7, ch . 63-495; §161, ch. 65-239; §14, ch. 68-5; §1, ch . 6814; §§15, 35, ch. 69-106; §11, ch. 70-94 ; §2, ch. 70-198.

Note.-Formerly §236 . 72 ; §230 .0114 .

230.765 Procedure for determining number of instruction units for junior colleges.-The number of instruction units for instructional personnel for junior colleges in districts which meet the requirements of law for operating a junior college shall be determined from the average daily attendance in the junior college, provided that attendance may not be counted more than once in determining instruction units. Instruction units for junior colleges shall be computed separately from other units in the district as follows:

* (1) One unit for each twelve students in average daily attendance at a junior college for the first four hundred twenty students and one unit for each fifteen students in average daily attendance for all over four hundred twenty students, in other than occupational programs as defined by rules of the state board of education, and one unit for each ten stu­dents in average daily attendance in occupa­tional programs and compensatory education

programs as defined by rules of the state board of education. Average daily attendance at a junior college shall be defined by rules of the state board of education.

(2) Effective with the 1971-1972 fiscal year, instruction units for occupational education shall be determined as follows:

(a) The state board of education shall classify all occupational courses into not less than six nor more than twenty cost categories for the purpose of determining instruction units.

(b) Cost categories for occupational courses shall be based on the following factors:

1. The number of students in average daily attendance in occupational courses ;

2. Variations in equipment and operational costs per course;

3. Added costs associated with direct job­related and other courses for the disad­vantaged as defined in the vocational educa­tion amendments of 1968, Public Law 90-756; and

4. Salary costs of instructional personnel. (c ) Cost variations shall be expressed in

terms of a specified number of students in average daily attendance for each category. Students in average daily attendance in oc­cupational education shall be defined by reg­ulations of the state board of education. In determining the relative cost of a course, ex­penditures for initial capital outlay require­ments shall not be included.

(d ) Instruction units or a proportionate fraction of an instruction unit shall be allowed for courses in occupational education in each of the funding categories. The board of education shall adopt regula­tions and procedures for the earning and al­location of special teacher units and supervisors units. Units under this provision are in lieu of those authorized by subsections (3) and (4).

(3) For each eight instruction units in a junior college: One instruction unit or propor­t ionate fraction of a unit shall be allowed for administrative and special instructional serv­ices when used in accordance with regulations prescribed by the state board.

(4) For each twenty instruction units: One instruction unit or proportionate fraction of a unit shall be allowed for student personnel services when used in accordance with regula­tions prescribed by the state board.

(5) The department of education is au­thorized to allocate up to an additional one hundred units in occupational education for meeting statewide needs. Regulations shall be established by the board of education for carrying out this purpose.

History.-§7, ch . 63-495; §162, ch. 65-239; §2, ch. 68-14; 11. ch. 69-214 ; §1, ch. 69-300; §1, ch . 70-176 ; §1, ch. 70-439.

*Note.-Item 200, §1, ch. 70-95 provides for compensatory education units on the basis of one Instruction unit for each 15 students In average dally attendance In lieu of the ratio provided In this section.

Note.-Formerly §236.73; §230.0115.

230.7651 State board regulations.~The board of education shall adopt regulations which will enable junior college district boards

149

§230.7651 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §230.767

of trustees to initiate and provide compre­hensive occupational education programs. The board of education shall adopt procedures for determining the extent to which minimum requirements are being met. Furthermore, pro­cedures shall include examination of the em­ployment performance of program graduates. The minimum requirements so adopted shall include standards of educational output, with particular emphasis on job placement and satisfactory performance in employment.

Hlstory.-§1, ch . 70-176.

230.767 Procedure for determining annual apportionment to each junior college district.­The procedure for determining the annual ap­portionment for the junior college minimum foundation program fund of each junior col­lege district authorized to operate a junior college under the provisions of §230.752 or §230.753 shall be as follows:

(1) DETERMINING TRAINING RANKS OF INSTRUCTIONAL PERSONNEL AND TRAINING LEVEL OF INSTRUCTION UNITS. -The training ranks of instructional personnel and the training level of instructional units of junior colleges shall be determined by the de­partment of education in the manner provided in §236.07(1), (2), provided that ranks for per­sonnel engaged in technical education may be established on the basis of qualifications which are equivalent to a degree as prescribed by regulations of the state board.

(2) DETERMINING THE AMOUNT TO BE INCLUDED FOR INSTRUCTIONAL SAL­ARIES.-

(a) Multiply the number of instruction units in Rank I by six thousand seven hundred dollars, in Rank II by six thousand one hun­dred dollars, in Rank III by five thousand seven hundred dollars, and in Rank IV by three thou­sand nine hundred dollars.

(b) For each instruction unit sustained by instructional personnel under continuing con­tracts in Ranks I, II, and III there shall be added three hundred dollars; and for each in­struction unit sustained by instructional per­sonnel under continuing contracts in Ranks I, II, and III who have completed ten years of efficient teaching service in Florida public schools as aforesaid, there shall be added three hundred dollars in addition to the above ; provided, that for any district in which by a local law a tenure program is provided in lieu of continuing contracts, the state board of education shall by regulations provide for the recognition and application of comparable tenure requirements in lieu of the require­ments herein relating to continuing contracts.

(c) The amounts included for salaries in each junior college shall be increased by three and one half per cent beyond the regular term as defined by rules of the state board of educa­tion for administrative and special instruc­tional personnel including student personnel services.

(d) Beginning July 1, 1968, the amounts in­cluded for salaries shall be increased by three

per cent and beginning July 1, 1969, and there­after, the amounts included for salaries shall be increased five per cent, to provide for staff and program development.

(e) These amounts included for salaries are to be used only for apportionment purposes and are not to be construed as a state salary schedule nor to control the individual salaries paid.

(3) DETERMINING THE AMOUNT TO BE INCLUDED FOR TRANSPORTATION.­Multiply the number of units for transporta­tion determined for each junior college accord­ing to law by one thousand two hundred fifty dollars and the product shall be the amount included in the junior college minimum foun­dation program for transportation. The state board shall have authority to decrease the value of the transportation unit to not less than one thousand dollars during any year when studies show that transportation costs have decreased sufficiently to justify any proposed decrease in the value of the unit. No district shall be per­mitted to use junior college foundation pro­gram funds to purchase buses, chassis or other transportation equipment at prices which ex­ceed those found by the department of educa­tion to be the lowest which can be obtained, as prescribed in §229.79.

***(4) DETERMINING THE AMOUNT FOR CURRENT EXPENSES OTHER THAN INSTRUCTIONAL SALARIES AND TRANS­PORTATION.-Multiply the number of in­struction units for junior colleges, determined for each district according to law, by one thou­sand nine hundred dollars, add seventeen thousand five hundred dollars for administra­tive expenses, including salaries of the first approved junior college center in each district, and add ten thousand dollars for administra­tive expenses, including salaries of each addi­tional center approved by tte state board of education. The sum of these shall be the amount included for current expenses other than instructional salaries and transportation for the junior college program in each district where a junior college is operated; provided, that all of the money provided hereunder is used exclusively for junior colleges; and pro­vided, further, that the state board shall estab­lish minimum standards to be met by district boards in expending these funds for junior colleges.

(5) DETERMINING THE AMOUNT TO BE INCLUDED FOR CAPITAL OUTLAY AND DEBT SERVICE.-The amount included in the junior college minimum foundation program for capital outlay and debt service shall be as determined and provided in §18, Art. XII of the state constitution of 1885 as adopted by §9(d) of Art. XII, 1968 revised constitution and state board of education regulations. This amount, less any amount determined as nec­essary for administrative expense by the state board and any amount necessary for debt serv­ice on bonds issued by the state board, shall be transmitted to the school board of the district

150

§230. 767 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §230.775

of location, and the said board shall transfer such capital outlay and debt service funds to the junior college district board of trustees to be expended in accordance with regulations of the state board.

(6) DETERMINING THE TOTAL CALCU­LATED COST OF THE JUNIOR COLLEGE MINIMUM FOUNDATION PROGRAM.-The total calculated cost of the minimum founda­tion program for each junior college shall be the sum of the amounts included in the junior college minimum foundation program for in­structional salaries, current expenses other than instructional salaries and transportation, and capital outlay and debt service as set forth above.

* (7) DETERMINING THE MINIMUM FI­NANCIAL EFFORT IN EACH FISCAL YEAR REQUIRED OF EACH PARTICIPATING DIS­TRICT FOR THE JUNIOR COLLEGE MINI­MUM FOUNDATION PROGRAM.-The amount which each district, approved by the department to operate a junior college or to participate in the support of a junior college, shall provide toward the cost of the junior college minimum foundation program shall be three tenths of one mill of tax on ninety-five percent of the nonexempt assessed valuation of that district for the preceding year; provided, that no school board or group of school boards operating a junior college shall be required to make a financial effort to support the junior college of more than fifty percent of the total cost of the minimum foundation program for such junior college.

** (8 ) DETERMINING THE ALLOCATION FROM STATE FUNDS.-The total allocation to each junior college for the junior college minimum foundation program fund shall be the total calculated cost of the minimum foun­dation program for that junior college as rle­termined in subsection (6) less the minimum financial effort required as determined in sub­section (7) ; provided, however, that from this amount there shall be deducted in the succeed­ing fiscal year any unused portion of the amount included in the junior college minimum foundation program for instruction units of any type or classification.

(9) EXPENDITURE OF FOUNDATION PROGRAM FUNDS.-Any foundation program funds allocated to any district for a public junior college organized under §230.752 shall be expended only for the purpose of support­ing said college.

Blstory.-§7, ch. 63-495 ; §§163-165, ch. 65-239; §1, ch . 65-434 ; §1, ch . 68-2 ; §15, ch . 68-5 ; U3-5, ch. 68-14; §§15, 35, ch . 69-106; §1, ch. 69-213; §31, ch. 69-216; §1, ch. 69-300 ; §§12-14, ch. 70-94.

*Note.-§13 of ch. 70-94 repeals subsection (7) effective July 1, 1971.

**Note.-§14 of ch. 70-94 renumbered subsection (8) as sub­section (7) effective July 1, 1971, and amended it to read, as of that date:

(7) DETERMINING THE ALLOCATION FROM STATE FUNDS.-The total allocation to each junior college for the junior college minimum foundation program fund shall be the total calculated cost of the minimum foundation program for that junior college as determined In subsection (6). However, the amount Included In the junior college minimum foundation program shall be adjusted In the succeeding fiscal year, based

on the final units and positions by rank and contract status. •••Note.-Amount included for other current expense increased

by $350 by Item 200, § 1, ch. 70-95. Note.-Formerly §236 .74 ; §230 .0117.

230.7685 Delinquent accounts.-(1) The district board of trustees shall exert

every effort to collect all delinquent accounts. (2) The district board of trustees is au­

thorized to charge off such accounts as may prove uncollectible in accordance with rules and regulations of the state board.

(3) The district board of trustees is au­thorized to employ the services of a collection agency when deemed advisable in collecting de­linquent accounts.

Bistory.----§4 , ch. 70-198.

230.769 Budgets for junior colleges.-The president of each junior college shall rec­ommend to the board of trustees a budget of income and expenditures at such time and in such form as the state board may prescribe. Upon approval of a budget by the board of trustees, such budget shall be transmitted to the department of education for review and approval. Rules and regulations of the state board shall prescribe procedures for effecting budget amendments subsequent to the final approval of a budget for a given year.

Blstory.-§2, ch. 28068, 1953 ; §7, ch. 57-252 ; §40, ch. 65-239; §17, ch . 68-5; §§15, 35, ch. 69-106 ; §1, ch. 69-300; §15, ch. 70-94.

Note.-Formerly §242.431 ; §230.49 ; §230.0119.

230.776 Certain chapters inapplicable to junior colleges.-Chapters 231, 233, 235, 236, and 237 are not applicable to junior colleges except for those sections specifically referred to in chapter 230 and in the state board of education regulations.

Blstory.-§10, ch. 70-399.

230.775 Promotion and public relations, funding.-Each junior college is authorized to budget and use a portion of funds accruing from auxiliary enterprises and undesignated gifts for promotion and public relations as prescribed by regulations of the state board. Such funds may be used to provide expenditures for hospitality of business guests at the col­lege or elsewhere. However, such hospitality expenses shall not exceed the amount author­ized for such contingency fund as prescribed by regulations of the state board.

Blstory.-§1, ch. 70-101.

CHAPTER 231

PERSONNEL OF SCHOOL SYSTEM

231.035 Employment over maximum age on an­nual contract. (New)

231.17 Certificates granted on application to those meeting prescribed require­ments.

231.35 Appointment of employees.

151

§231.035 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §231.35

·231.3505 Employment of directors of vocational educatid.n in district schools and

231.40 231.41 231.471

junior colleges. (New) Sick leave. Illness-in-line-of-duty leave. Part-time teachers for special subjects.

(New) 231.50 Monthly allowance; when made.

231.035 Employment over maximum age on annual contract.-The state board of education shall promulgate regulations whereby any school board may employ a teacher of seventy years of age or over on an annual contract basis. Employment by the school board, pur­suant to state board of education regulations, must be renewed each year. If the teacher has retired and is receiving a monthly retirement allowance, such retirement allowance shall be suspended during the period of reemployment.

Hlstory.-§1, ch. 70-113 .

231.17 Certificates granted on application to those meeting prescribed requirements.-

(!) The department of education shall issue a certificate of the proper type to any person possessing the qualifications for such a certifi­cate as prescribed herein, and by rules and regulations of the state board, who pays the required fee, makes application in writing on the form prescribed by the department, sub­mits satisfactory evidence that he possesses said qualifications and meets the other re­quirements of law. To be eligible for a certifi­cate to serve in an instructional capacity, the applicant:

(a) Shall be a citizen of the United States; (b) Shall file a written statement under

oath that he subscribes to and will uphold the principles incorporated in the constitu­tion of the United States;

(c) Shall be at least twenty years of age or shall have received a four year degree from an accredited institution of higher learning and shall not have attained the age of seventy years;

(d) Shall meet such academic and profes­sional requirements based on credentials cer­tified to by standard teacher-training institu­tions of higher learning as may be prescribed by the state board;

(e) Shall be recommended for a teaching certificate by the institution of higher learning from which he was graduated;

(f) Shall be free from malignant, com­municable, or mental diseases and shall be com­petent and capable of performing the duties, functions, and responsibilities of a teacher; and

(g) Shall be of good moral character. (2) The state board shall have authority

to prescribe regulations under which certifi­cates may be issued to noncitizens who may be needed to teach or who may be assigned to teach in the state on an exchange basis; pro­vided, that the filing of a written oath to up­hold the principles of the constitution of the United States referred to above shall not apply

to individuals assigned to teach on an ex­change basis.

(3) No certificate shall be issued to a citi­zen of a nation controlled by forces which are antagonistic to democratic forms of govern­ment, except to an individual classified as a refugee from another country or as a resident alien from Cuba, who has been legally ad­mitted to the United States through the immi­gration and naturalization service.

( 4) The maximum age of seventy years as provided in subsection (1), shall not apply to certificates limited to substitute or part-time teaching.

(5) (a) The department of education is au­thorized to deny an applicant a certificate if it possesses evidence satisfactory to it that the applicant has committed an act or acts or that a situation exists for which the department would be authorized to revoke a teaching cer­tificate.

(b) The decision of the department of ed­ucation is subject to review by the state board of education upon the filing of a written re­quest from the applicant within twenty days from receipt of the notice of denial.

Hlatory.-1517, ch. 19355, 1939; COL 1940 Supp. 892(121); f2, ch. 21989, 111¥.1; 1111, ch. 23728, 111<!7; fl, ch. 288114, 111&1; §5, ch. 29754, 1955; §10, ch. 57-249; §6, ch. 59-371 ; flO, ch. 63-376; §2, ch . 65-144 ; §59, ch. 65-239 ; §5, ch. 67-387 ; §§15, 35, ch. 69- 106; §18, ch. 69-353; §1, ch. 70-36.

231.35 Appointment of employees.-All em­ployees of the district school system sh~ll be appointed as prescribed in chapter 230. The terms "to consider the recommendations of" or "to act upon the recommendations of" shall be interpreted to mean that the school board shall not act on the appointment of employees without having considered any recommenda­tions or nominations submitted as prescribed by law, that such recommendations or nomi­nations may be rejected only for good cause, and that when any such rejection has been made, a second, and, if necessary, a third, recommendation or nomination shall be re­quested and if made within a reasonable time as prescribed by the school board, shall be considered or acted on as prescribed by law before the school board shall have the right to nominate or to appoint on its own motion. The following procedure shall be observed in making appointments and reappointments of instructional personnel:

(1) FILLING V ACANCIES.-The school board shall prescribe regulations which define reasonable time limits within which the super­Intendent shall be required to submit nomina­tions of persons to fill vacancies. If the su­perintendent of any district fails to submit a proper nomination or nominations within the time limits prescribed by these regulations, the school board shall have the authority to appoint persons to fill any such vacancies. Nominations to fill vacancies shall not be required to be submitted at the time nominations for reap­pointment are required by law except when prescribed by regulations of the school board.

152

§231.35 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §231.40

(2) REAPPOINTMENTS.-It shall be the duty of the superintendent of each district to file with the school board in writing by the time prescribed by law, and not more than four weeks in advance of the time prescribed by law for filing nominations for reappointment, a definite recommendation for or against the re­appointment of each person subject to annual nomination for reappointment. It shall likewise be the duty of the school board, through the superintendent, to notify in writing each person subject to annual reappointment whether or not he has been reappointed for the ensuing year. If the superintendent should fail to act on any reappointment by the time prescribed by law for such action, it shall be the duty of the school board to act on its own volition.

History.-§535. ch . 19355, 1939; CGL 892(139); §4, ch. 20970, 1941 ; §1, ch . 69-300 ; §4, ch . 70-399 .

*231.3505 Employment of directors of vo­cational education in district schools and junior colleges.-Each school district which earns, through instruction units in vocational education, a special teacher services unit and each junior college which earns, through in­struction units in occupational education, an administrative and special instruction services unit shall employ an individual who is certi­fied by the department of education as director of vocational education to administer a district­wide or junior college program in vocational education. The position shall be on the im­mediate staff of the county superintendent of schools or junior college president and shall be at a level requiring involvement in the planning and implementation of vocational programs. Pur­suant to regulations promulgated by the state board of education, two or more school districts, two or more junior college districts, or com­binations thereof, may jointly hire a single director.

History.-§1, ch. 70-192. *Note.-Effective July 1, 1971.

231.40 Sick leave.-Any member of the in­structional staff employed on a full-time basis in the public schools of the state who is unable to perform his duty in the school because of illness, or because of illness or death of father, mother, brother, sister, husband, wife, child or other close relative, or member of his own household, and consequently has to be absent from his work shall be granted leave of ab­sence for sickness by the superintendent, or by someone designated in writing by him to do so. The following provisions shall govern sick leave:

(1) EXTENT OF LEAVE.-(a) Each member of the instructional staff

employed on a full-time basis shall be entitled to ten days of sick leave at the beginning date of employment or at any time during any school year; provided, that such leave shall be taken only when necessary because of sickness as herein prescribed. Such sick leave shall be cumulative from year to year; provided, that no more than one hundred twenty days of sick

leave may be accumulated including sick leave for the current year; and provided, further, that at least one half of this cumulative leave must be established within the district granting su ch leave.

(b ) A school board may establish policies and prescribe standards to permit a member of the instructional staff to be absent two days each school year for religious holidays and two days for emergencies; provided, however, that such absences for religious holidays and emergencies shall be charged only to accrued sick leave; and provided, further, th:at leave for religious holidays and emergencies shall be noncumulative.

(c) A school board may establish polic!es to provide terminal pay to a ~ember of the 11"_1-structiona l staff at normal retirement or to his beneficiary if service is terminated by death. However such terminal pay shall not exceed an amou~t determined by the daily rate of pay of the member of the instructional staff at re­tirement or death, multiplied by one half the total number of accumulated sick leave days credited to the member of the instructional staff at time of retirement or death. "Normal retirement," as used in this subsection, shall mean retirement under plan A, B, C, D, or E of the teachers' retirement system or any other plan established by the legislature with either full or reduced benefits as provided by law or mandatory retirement due to the attainment of the age of seventy years. "Normal retirement" shall not be interpreted to include disability retirement.

(2) CLAIM MUST BE FILED.-Any mem­ber of the instructional staff who finds it necessary to be absent from his duties because of illness, as defined in this section, shall notify the principal of his school if possible before the opening of school on the day on which he must be absent, or during that day except for emer­gency reasons recognized by the school board as valid. Any member of the instructional staff shall, before claiming and receiving compensa­tion for the time absent from his or her duties while absent because of sick leave as prescribed in this section, make and file by the end of the school month following his return from such absence with the superintendent of the district in which he is so employed a written certificate which shall set forth the day or days absent, that such absence was necessary and that he is entitled or not entitled to receive pay for such absence in accordance with the provisions of this section; provided, however, that the school board of any district may prescribe regulations under which the superintendent may require a certificate of illness from a licensed physician or from the county health officer.

(3) COMPENSATION.-Any full-time em­ployee having unused sick leave credit shall receive full-time compensation for the time jus­tifiably absent on sick leave; provided that no

153

§231.40 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §232.03

compensation may be allowed beyond that provided in this section.

History.-§540, ch . 19355, 1939 ; CGL 1940 Supp. 892(144) ; §22, ch . 23726, 1947; §1, ch . 29624 , 1955; §1 , ch . 57-79; §1, ch. 61-61 ; §1, ch. 65-31 ; H , ch . 65-201; §4, ch. 65-424; §4, ch . 67-181 ; §1 , ch. 69-300; §1, ch. 70-197 .

231.41 Illness-in-line-of-duty leave. - Any member of the instructional staff shall be en­titled to illness-in-line-of-duty leave when he has to be absent from his duties because of a personal injury received in the discharge of duty or because of illness from any contagious or infectious disease contracted in school work. The following requirements shall be observed:

* (1) DURATION OF LEAVE AND COM­PENSATION.-Leave of any such member of the instructional staff shall be authorized for a total of not to exceed ten school days during any school year for illness contracted, or in­jury incurred, from such causes as prescribed above. However, in the case of sickness or injury occurring under such circumstances as in the opinion of the school board warrants it, additional emergency sick leave may be granted out of local funds, for such term and under such conditions as the school board shall deem proper. The school board shall be au­thorized, when it deems it desirable to do so, to carry insurance to safeguard the school board against excessive payments during any year.

(2) CLAIMS.- Any member of the in­structional staff who has any claim for com­pensation while absent because of illness con­tracted or injury incurred as prescribed herein shall file a claim in the manner prescribed in §231.40 (2), by the end of each month dur­ing which such absence has occurred. The school board of the district in which such person is employed shall approve such claims and authorize the payment thereof; provided that the school board shall satisfy itself that the claim correctly states the facts and that such claim is entitled to payment in accord­ance with the provisions of this section.

History .- §541, ch . 19355, 1939; CGL 1940 Supp. 892 (145); §1, ch. 69-300 ; U. ch. 70-126 .

•Note.-Amendment t o s ubsection (1 ) by ch. 70-126 becomes elfect!ve October 1, 1970.

231.471 Part-time teachers for special sub­jects.-

(1 ) District school boards may use their discretion in hiring certified personnel to teach a specified number of periods, which may be less than a full-school day, in specialized sub­jects, including but not limited to f oreign languages, higher mathematics, art, and music.

(2) Assigned additional school duties, sal­aries and benefits shall be given in direct ratio to the number of periods taught.

History.-§§!, 2, ch . 70- 209.

231.50 Monthly allowance; when made.­Whenever any person has served as a teacher in the public schools of Florida or has served therein as superintendent, or both, for an ag­gregate period of twenty or more years, and such person is then incapacitated to do and perform any vocational work sufficient to earn

a livelihood, such person shall thereafter, so long as the above conditions exist, during the remainder of his life, be entitled to a monthly allowance of one hundred fifty dollars. How­ever, no person who has ever been eligible to become a member of the teachers' retirement system of the state shall be entitled to receive such allowance.

History.-§550, ch. 19355, 1939 ; CGL 1940 Supp. 8921154); §1, ch . 22017. 1943; §1, ch . 22841 , 1945 ; §1, ch . 25411 , 1949 ; §1 , ch. 29918, 1955; U , ch . 63-540 ; §18, ch. 65-420 ; §1, ch . 65-485; §1, ch. 67-517 ; §1, ch. 69-300 ; §1, ch . 70-228.

CHAPTER 232

COMPULSORY SCHOOL ATTENDANCE; CHILD WELFARE

232.03 Evidence of date of birth required. 232.031 Evidence of health certificate required.

232.03 Evidence of date of birth required. -Before admitting a child to kindergarten or the first grade, the principal shall require evidence that the child has attained the age at which he should be admitted in accordance with the provisions of §232.04 or §232.01. The superintendent or attendance assistant may re­quire evidence of the age of any child whom he believes to be within the limits of com­pulsory attendance as provided for in §§232.01-232.031, 232.04-232.10, 232.12-232.142, 232.16, 232.17, 232.19. If the first prescribed evidence is not available, the next evidence obtainable in the order set forth below shall be accepted:

(1) A duly attested transcript of the child's birth record filed according to law with a public officer charged with the duty of re­cording births; or

(2) A duly attested transcript of a cer­tificate of baptism showing the date of birth and place of baptism of the child, accompanied by an affidavit sworn to by the parent; or

(3) An insurance policy on the child's life which has been in force for at least two years; or

( 4) A bona fide contemporary Bible rec­ord of the child's birth accompanied by an affidavit sworn to by the parent; or

(5) A passport or certificate of arrival in the United States showing the age of the child; or

(6) A transcript of record of age shown in the child's school record of at least four years prior to application, stating date of birth; or

(7) If none of these evidences can produced, an affidavit of age sworn to by the parent, accompanied by a certificate of age signed by a public health officer or by a public school physician, or, if neither of these shall be available in the county, by a licensed prac­ticing physician designated by the school board, which certificate shall state that the

154

§232.03 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §233.067

health officer or physician has examined the child and believes that the age as stated in the affidavit is substantially correct.

Hlstory.-§603, ch. 19355. 1939 ; CGL 1940 Supp. 892(174); §51, ch. 29764, 1955 ; §1, ch. 69-300; §1, ch. 70-72.

232.031 Evidence of health certificate re­quired.-Before admitting a child to kinder­garten or the first grade, unless the child at­tended a public kindergarten in a district within this state, the principal shall require evidence that the child is free from a contagious or com­municable disease as prescribed herein :

(1) The school board of each district shall require each pupil who is otherwise entitled to admission to kindergarten or the first grade to present a statement from the county health officer or from a licensed practicing physician certifying that such pupil has no contagious or communicable disease which would warrant such pupil's exclusion from the public schools.

(2) The school board shall have authority to adopt such rules and regulations as may be necessary to carry out the provisions of this section including the extension of the fore­going to all elementary and secondary schools; provided, however, any child shall be exempt from a medical or physical examination upon written request of the parent or guardian of such child stating objections to such examina­tion on religious grounds.

Hlstory.-§1 , ch . 65-440 ; §1, ch. 69-300; §1, ch. 70-73 .

233.066

233.067 233.068

233.0681

233.0682 233.069

CHAPTER 233

COURSES OF STUDY AND INSTRUCTIONAL AIDS

Counseling services for elementary and secondary school pupils. (New)

Drug abuse education. (New) Job-related vocational instruction.

(New) Occupational specialist; training, etc.

(New) State board regulations. (New) Vocational improvement fund; use be­

ginning in 1971-1972. (New)

233.066 Counseling services for elementary and secondary school pupils.-

(1 ) The department of education shall de­velop guidelines for plans to provide adequate counseling services to students in the several school districts. Such guidelines shall provide alternative methods of providing counseling services outside traditional graduate school certification requirements. Such guidelines shall be sent to the districts not later than September 30, 1970.

(2) Each school district shall submit a plan for providing the required level of coun­seling services under regulations to be adopted by the board of education. Plans shall provide

appropriate phasing-in of new counseling serv­ices to meet the respective required student­counselor ratios for elementary and secondary students. The department of education shall review plans submitted by the district and may disapprove unsatisfactory plans. If the de­partment disapproves any such plan, it shall set forth its reasons and also the conditions which must be met in order to secure approval.

Hlstory.-§§1, 2, ch. 70-174; §1, ch. 70-439 .

233.067 Drug abuse education.-(!) SHORT TITLE.-This section shall be

known and may be cited as "The Drug Abuse Education Act of 1970."

(2) DEFINITIONS.-As used in this sec­tion , the term "drug" shall include barbitu­rates, central nervous system stimulants, hal­lucinogenics, and all other drugs to which the narcotic and drug abuse laws of the United States apply. It shall also include alcoholic and intoxicating liquor and beverages and tobacco.

(3) PURPOSE; INTENT.-The purpose of this section is to insure the development of a comprehensive drug abuse education program for all children and youth in kindergarten and grades one through twelve. It is the legislative intent that this program shall teach the ad­verse and dangerous effects of drugs on the human mind and body and that such instruc­tion shall be intensive and given immediate emphasis, beginning with the 1970-1971 school year. It is further the intent of the legislature that the voluntary services of persons from the professions of clergy, education, medicine, law enforcement, and social services and such other professionally and occupational1y quali­fied individuals as can make a contribution to this program be utilized in its implementation so that the highest possible degree of expertise may be brought to bear.

(4 ) ADMINISTRATION OF THE DRUG ABUSE EDUCATION PROGRAM.-

(a) The department of education shall ad­minister the comprehensive drug abuse edu­cation act of 1970, pursuant to regulations adopted by the state board of education. In administering this section the department shall take into consideration the advice of the School Health Medical Advisory Committee of the Florida Medical Association and is authorized to reimburse the members of this committee for travel and per diem expense, as provided by law, when performing advisory services requested by the department.

(b) Priorities for the implementation of this program shall include the following:

1. Implement in-service education programs for teachers, administrators, and other per­sonnel. Special emphasis shall be placed on methods and materials necessary for the ef­fective teaching of drug abuse education. In­service teacher education materials which are based on individual performance and designed for use with a minimum of supervision shall be developed and made available to all school

155

§233.067 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §233.068

districts. The "Triple T" or "Multiplier" con­cept shall be utilized in the implementation of in-service education programs in drug abuse education.

2. Establish resource centers located in various regions of the state for the purpose of assisting the department of education in co­ordinating drug abuse education activities in that region.

3. Expand degree programs for the prepar­ation of drug education specialists. Special at­tention shall be given to performance based criteria and to the development and articula­tion of appropriate drug abuse education courses at junior colleges.

4. Design programs for the selection and training of school para-professional personnel and personnel of nonschool health or health related agencies.

5. Implement the provisions of this section to insure that actual pupil instruction in drug abuse education will begin with the opening of the 1970-1971 school year, as part of the curriculum of every elementary, junior, and senior high school in this state.

(5) NONPUBLIC PERSONNEL PERMIT­TED TO PARTICIPATE.-No teacher or school administrator employed by a nonpublic school shall be excluded .from participating in in­service teacher education institutes or cur­riculum development programs conducted pur­suant to this section.

(6) STUDENT EXEMPTION.-Any child whose parent presents to the school principal a signed statement that the teaching of dis­ease, its symptoms, development, and treat­ment, and the use of instructional aids and materials of such subjects conflict with the religious teachings of his church shall be ex­empt from such instruction, and no child so exempt shall be penalized by reason of such exemption.

(7) STATE BOARD TO REGULATE; SCHOOL DISTRICT COURSES.-The state board shall adopt regulations to insure the teaching of drug abuse education to all pupils. Every district school system shall schedule drug abuse education courses as part of the curriculum of every elementary, junior, and senior high school.

(8) SEX EDUCATION NOT AUTHOR­IZED.-Nothing in this section shall be con­strued to authorize or require the teaching of sex education in any form.

(9) USE OF FUNDS.-In implementing this section, every effort shall be made to com­bine funds appropriated for this purpose with funds available from all other sources, federal, state, local, or private, in order to achieve maxi­mum benefits for improving drug abuse edu­cation.

(10) DEPARTMENT'S REPORT.-The de­partment shall, at least thirty days prior to the 1971 regular session and each regular ses­sion thereafter, transmit to the members of the state board, the president of the senate, the speaker of the house, and the chairmen of

the senate and house education .committees a report as to the status of the drug abuse edu­cation program together with any recommen­dations for further improvement or modifica­tion.

Hlstory.-§§1-10, ch. 70-202 ; §1, ch. 70-439.

233.068 Job-related vocational instruction.­(!) The department of education shall de­

velop and implement regulations providing for practical courses of direct job-related instruc­tion in each school district throughout the state. Said regulations shall be effective not later than September 1, 1971, and shall place primary responsibility for the development of such instructional courses for students under nineteen years of age with the district school boards, and consulting responsibility with the division of vocational education. The pro­visions of this section are not intended to contradict or supersede existing agreements between school boards, area centers, and com­munity colleges regarding responsibility for development of such courses for such students, or to authorize duplication of courses now in existence which meet the requirements of this section.

(2) Each district's program must provide, as a minimum, courses in at least five voca­tional education areas. Such instruction shall be available to all persons in the district re­gardless of previous academic attainment. Further, such instruction shall be available throughout the year, so that students are not required to wait for the beginning of a new academic period prior to starting their train­ing. Each district school board and local wel­fare board shall cooperate to locate, identify, and attempt to recruit all unemployed or under­employed persons into such courses.

(3) Provisional certification shall be grant­ed instructors for such courses upon a show­ing by the district board or junior college that suitable instructors with the usual academic background are not available. Before such pro­visional certification is granted, account shall be taken of the ability of the proposed in­structor to relate to and communicate with the persons to whom the instruction is to be given. No instructor shall be paid less than the salary for a Rank III instructor, and salary supplements shall be -allowed upon a showing that such supplements are necessary to obtain suitable instructional personnel.

( 4) Practical courses of direct job-related instruction shall be eligible for vocational education instruction units. It is intended that the minimum support from the district or jun­ior college for vocational education be at least in the amount of state or federal funds that the vocational education programs earn and that the district or junior college so indicate the expenditure of earned funds in an identi­fiable manner, in accordance with regulations prescribed by the state board of education.

(5) Pursuant to regulations adopted by the board of education one or more school dis-

156

§233.068 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969. §233.069

tricts or one or more junior college districts may jointly implement the requirements of this section.

History .- i § 1-5, ch . 70-211; U, ch . 70-439 .

233.0681 Occupational specialist; training, etc.-

(1) Occupational specialists may be used in place of counselors, up to a maximum of 50 percent of all counseling positions in a school district. Such persons shall be chosen on the basis of maturity, experience, and the ability to relate to young people. Further, such per­sons may be used, under supervision by a certified counselor, to handle various special­ized assignments, either individually or as part of a counseling team. Su ch specialized assign­ments may include the identification and in­tensive counseling of potentia l or actual drop­outs and their parents, as well as counseling students, teachers, a nd administrators con­cerning available job and career opportunities. Provisional certification shall be granted oc­cupational specialists, upon a showing by a district board that fully certified counselors are not available. No full-time occupational specialist shall be paid less than the salary for a Rank III instructor, and salary supple­ments shall be allowed upon a showing that such supplements are necessary in order to obtain suitable personnel.

(2) Pursuant to policies and regulations to be adopted by the board of education:

(a) Each school board may submit to the department of education a proposed program designed to identify and train occupational spe­cialists, including therewith a statement of the number of individuals to be included in the program, an itemized statement of the esti­mated total cost of the program, and a copy of a school board resolution indicating its inten­tion to provide at least 25 percent of the total cost of the program if approved by the depart­ment;

(b) Plans for providing occupational spe­cialists may include, but are not limited to:

1. An internship program established by one or more district school boards in coopera­tion with an academic institution; and

2. A plan developed by one or more dis­tricts in cooperation with a college of educa­tion or the state department of education for identifying, recruiting, and training occupa­tional specialists.

(c) Upon the request of any school board, the department shall provide such technical assistance to the school board as is necessary to develop and submit a proposed program. The department may use its own staff or such consultants as may be necessary to accom­plish this purpose;

(d) The department shall review and ap­prove, disapprove, or resubmit to the school board for modification all proposed programs submitted. For those programs approved, the department shall authorize distribution of funds in an amount not to exceed 75 percent

of the total cost of the proposed program; and (e ) The department shall, at least thirty

days prior to the 1971 session of the legisla­ture, transmit to members of the state board of education, the president of the senate, the speaker of the house of representatives, and the chairmen of the senate and house commit­tees on public school education a statement describing criteria for approval of proposed programs and the recommended level of fund­ing for the program during fiscal year 1971-1972. Each year thereafter the department shall transmit to the above-named parties an appraisal of the funded programs as to effec­tiveness, efficiency, and utilization of resources, including therewith a statement of the overall program for the coming fiscal year, the recom­mended level of funding for the program for that year, and any other recommendations deemed by the department to be appropriate.

History.-§§ !, 2, ch. 70-317 ; §1, ch . 70-439.

233.0682 State board regulations.-The state board of education shall adopt regulations set­ting forth minimum requirements for a com­prehensive vocational education program, and sha ll adopt procedures for determining the ex­tent to which such minimum requirements are being met. Such requirements shall include examination of the employment performance of program participants as well as standards of educational output, with particular empha­sis on job placement and satisfactory perform­ance in employment.

History.-§!, ch . 70-175 .

233.069 Vocational improvement fund; use beginning in 1971-1972.-

(1) The fund established under this section shall be known and may be cited as "the voca­tional improvement fund."

(2) Beginning with the 1971-1972 school year, priority projects in the use of funds ap­propriated under this section shall be the de­velopment of vocational education programs for the disadvantaged, introductory vocational curricula for junior high and middle schools, training and in-service projects for improv­ing vocational counseling, the career associate program, the development of information sys­tems, and job placement services for gradu­ates of vocational education programs, train­ing, in-service and recruiting projects for vo­cational teachers and support personnel and projects, such as local education authorities, designed to restructure vocational education and insure greater community involvement.

(3) The board of education shall establish rules and regulations under which project ap­plications shall be submitted and funds award­ed. District school boards shall be eligible to apply for such funds, and priority shall be given to projects in which all community re­sources, such as junior colleges, universities, private industry and labor organizations, civic groups and chambers of commerce are involved, not only in the planning, but also in the re­cruiting of students and the actual conduct

157

§233.069 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §235.06

of the courses, as well as job placement for graduates. Further, the rules and regulations shall be so drafted as to encourage projects having maximum cooperation between school boards and other local agencies operating parallel or overlapping programs.

(4) Each year, the department of education shall submit as a part of its legislative budget request a listing of projects which are eligible for vocational improvement fund money with an estimated amount of funds needed to sup­port these projects.

(5) The commissioner of education shall, at least thirty days prior to each regular ses­sion of the legislature, transmit to the members of the state board of education, the president of the senate, the speaker of the house of rep­resentatives, and the chairmen of the appro­priations and education committees of the senate and house of representatives a status report of projects funded under the vocational improvement fund. Such report shall describe the objectives, methods, and output of the projects undertaken, where possible, in quan­tifiable terms.

History.-§§ 1, 2, ch . 70-252; §1, ch. 70-439.

235.04 235.06 235.26

CHAPTER 235

THE SCHOOL PLANT

Disposal of school property. When school property condemned. Minimum standards for school build-

ing construction.

235.04 Disposal of school property.-(1) The school board may dispose of any

school land or property which is by a resolu­tion of such school board determined to be unsuited for school purposes either because of location, condition, or other cause. The school board shall take diligent measures to dispose of school property only on the most advanta­geous terms by public or private sale. If, in the opinion of the school board, said school land or property to be disposed of is worth over five hundred dollars, then, said school board shall have such property appraised by three quali­fied appraisers acting as a body and shall not accept a price less than the appraised value placed on such land or property by said ap­praisers; provided, that where trade-ins are in­volved in the replacement of worn-out equip­ment the dealers' bids, after at least three have been requested in accordance with law, would constitute a legal appraisal. The official minutes of the school board shall set forth the name of the purchaser, the sale price, and, if the same is over five hundred dollars, the ap­praised value, and the identity of the three ap­praisers in each such transaction.

(2) Each deed conveying any school land

under the provisions of this law shall have a certificate attached thereto signed by the superintendent of such district that all the provisions of this law have been complied with. Such certificate shall be proof of the validity of such deeds.

(3) The provisions of this law as pre­scribed above shall not apply to a motor vehi­cle used in driver education to which title is obtained for a token amount from an automo­tive dealer or manufacturer. In such cases, the disposal of the vehicle shall be as prescribed in the contractual agreement between the auto­motive agency or manufacturer and the school board.

( 4) Notwithstanding any other provisions of this section, the school board may convey, with or without consideration, any school land of such school board to any other public board or agency operating pursuant to provisions of the Florida school code, for use by such other public board or agency for public education purposes. If any school lands are so conveyed for less than the consideration provided in subsection (1) and thereafter cease to be used for public education purposes, title thereto shall revert to the grantor school board.

Hlstory.- §904, ch. 19355, 1939; CGL 1940 Supp. 892(288); §1, ch. 29797, 1955 ; §14, ch . 57-249; §6, ch. 65-424 ; §1, ch. 69-300; U . ch. 70-443.

235.06 When school property condemned.­Any school building or any other part of any school plant or any premises found at any time to be in an unsafe or insanitary condition shall be condemned and prohibited from further use for school purposes until the objectionable con­ditions are removed or remedied. School prop­erty may be condemned in the following manner:

(1) CONDEMNATION BY SCHOOL BOARD.-The school board may condemn school property, or if there is any doubt about the condition of any school building, the school board may request the superintendent to have an inspection made by the department of edu­cation, an architect or an engineer licensed to practice in Florida, the division of health of the department of health and rehabilitative services, or local board of health if a sanitary condition is involved, or local fire authorities. If any such inspection results in a recommen­dation for condemnation, the school board shall condemn and withdraw such school property from further school use until the condition re­sulting in condemnation has been corrected.

(2) CONDEMNATION BY DEPARTMENT OF EDUCATION OR THE DIVISION OF HEALTH.-A safety and health inspection of any school property may be made by the de­partment of education or by the division of health of the department of health and re­habilitative services, either of which, after reasonable notice to the school board, may order the property to be withdrawn from school use until the deficiencies are corrected. A safety inspection may also be made by the department of insurance, which shall promptly

158

§235.06 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §235.26

report in writing the result of such inspection to the school board and the department of education. The school board shall thereafter be required to take appropriate action to cor­rect the deficiencies. The state board of edu­cation shall prescribe regulations providing standards for the protection of occupants of school buildings to be used by all agencies when inspecting school buildings. History .-~906, ch. 19355, 1939; CGL 1940 Supp. 892(290);

§1, ch. 67-270; §§13, 15, 19, 35, ch . 69-106; §1, ch. 69-300; §5, ch. 70-399 .

235.26 Minimum standards for school build­ing construction.-

(1) The state board of education shall pre­scribe regulations providing minimum stand­ards f?r the construction of school buildings, and satd board may secure the service of other state agencies or such other assistance as it may find desirable in the formulation of the regulations. Such standards shall have the force and effect of law and shall be followed in the construction of all school buildings. No superintendent shall recommend approval, and no school board fhal! approve any plans for the construction of any school building in the district, unless these plans meet the minimum requirements as prescribed by law and regula­tions of the state board of education. It shall be the responsibility of the state board of edu­cation to prescribe necessary standards relat­ing to the sanitation of school buildings and the protection of public health and safety as affected by the school plant. Furthermore, it shall be the responsibility of the architect or engineer concerned in proposing and preparing plans for the construction or alteration of, or the addition to, any such school building to see that these standards are observed. Plans that fail to meet the minimum standards as set forth in law or regulations of the state board shall not be approved.

(2) As a means of insuring that all school buildings constructed or materially altered or added to hereafter conform to the minimum standards prescribed by law and regulations of the state board, each school board which undertakes the construction, leasing, or altera­tion of, or addition to, any school building the cost of which exceeds five thousand dollars, shall see that plans and specifications for the proposed construction are submitted to the department of education for analysis and rec­ommendation. No public school funds may legally be expended for the construction or alteration of, or the addition to, any school building in any district in this state unless the provisions of this section are observed and until the school board of the district has received a written statement from the depart­ment of education that the plans and specifi­cations for the proposed construction have been approved as hereinafter provided.

(3) Before the contract has been let for the construction of any school building, the school

board shall require the superintendent to sub­mit to the department of education two copies of each of the following as hereinafter pre­scribed:

(a) Preliminary drawings and proposals, (b) Complete working drawings, and

(c) Specifications. The school board shall not proceed with the construction of any such proposed project until the approval of the department of education is received as prescribed below; provided, that the approval of the department of education shall include the desirability and needs for the new building, the educational and functional planning, the location on the site, the type of construction, sanitary provisions, conformity to minimum standards, and such other pertinent factors that should be considered in the educa­tional planning of the school building. The ap­proval of the department of education shall not include responsibility for the structural design or for the strength of materials proposed to be used or for the mechanical design and effi­ciency of any heating, air-conditioning, plumb­ing, ventilating, or electrical system.

(4) (a) After the effective date of this act, the school board shall require the architect concerned in the initial design, stages of de­sign and construction of new school buildings to apply for technical advice and counsel on fallout shelter slanting and cost-reduction tech­niques available without cost through the de­partment of community affairs.

(b) VVhere the school board concerned determines the application of fallout shelter slanting and cost-reduction techniques to be feasible and economical for the inclusion of fallout shelter in the proposed school build­ing, the design and construction of such school building may include fallout protection which meets the minimum standards for such protec­tion as prescribed by the department of com­munity affairs.

(c) School authorities of the state and its political subdivisions are authorized to modify existing school structures to incorporate fall­out shelter and the department of community affairs shall make available to such authorities the same professional services as set forth in paragraph (a). Such authorities are further authorized to participate in such federal assist­ance programs as may be available to assist local authorities in providing fallout protection in schools.

Hlstory.-§926, ch. 19355, 1939; CGL 1940 Supp. 892(312); §12, ch. 29754, 1955; §10, ch. 59-371; §117, ch. 65-239; §1, ch. 67-106; §§15, 18, 19, 35, ch. 69-106 ; §1, ch. 69-300; §1, ch. 70-196; §6, ch. 70-300. cf.-§§236.611-236.617 Construction of schools and school facili­

ties; financing. §288.33 School buildings; financing construction.

159

§236.03 1970 SUPPLEMENl' TO FLORIDA STATUTES, 1969 §236.04

CHAPTER 236

FINANCE AND TAXATION; SCHOOLS

236.03

236.031

236.04

236.07

236.0725

236.074

236.075

236.25 236.251

236.32

Department of education to determine units; state board to authorize re­calculation. (See note)

Minimum foundation program fund in­crease; recalculation. (See note)

Procedure for determining number of instruction units.

Procedure for determining annual ap­portionment to each district.

District ad valorem tax equalization allocations. (New)

District school additional capital out­lay trust fund created.

District school sales tax trust fund; creation and use of; appropriation. (See note)

District school tax. Tax levy; participation in minimum

foundation program; limitation. (As amended, repealed effective July 1, 1974)

Procedure for holding and conducting school district millage elections.

236.03 Department of education to deter­mine units; state board to authorize recalcula­tion.-

Note.-See note following Item 188, §1, ch. 70-95, which pro­vides that recalculation funds shall be calculated only on pro­grams for which the basic allocation has been determined on prior year attendance and the units, Including special units, resulting therefrom.

236.031 Minimum foundation program fund increase; recalculation.-

Note.-See note following §236.03.

236.04 Procedure for determining number of instruction units.-The number of instruc­tion units for instructional personnel for ele­mentary, junior and senior or four-year high schools in each district, and for kindergartens in districts which meet the requirements of law for instruction for such groups, shall be deter­mined from the average daily attendance in the public schools of the district for the preceding year and from reports on instructional person­nel and full-time equivalent students for the ensuing year in the manner prescribed below, provided the attendance of students may not be counted more than once in determining in­struction units.

(1) UNITS FOR ISOLATED ELEMENTA­RY, JUNIOR, AND SENIOR OR FOUR-YEAR HIGH SCHOOLS.-An elementary, junior, sen­ior, or four-year high school with fewer than one hundred twenty pupils in average daily at­tendance during the preceding year shall be classified as isolated for purposes of computing instruction units when it has the characteris­tics of isolated schools prescribed by the state board based on size, school population density, surrounding road conditions and distance from another school of the same type. Instruction units shall be computed for such isolated schools as follows:

(a) For each isolated one-teacher school: One unit.

(b) For the attendance in all isolated schools in the district, other than one-teacher schools, having an average daily attendance of fewer than sixty pupils: One unit for each seventeen pupils or a fractional part of a unit for less than seventeen pupils.

(c) For the attendance in all isolated schools in the district having an average daily attend­ance of sixty or more pupils but fewer than ninety pupils: One unit for each twenty pupils or a fractional part of a unit for less than twenty pupils.

(d) For attendance in all isolated schools in the district having an average daily attendance of ninety or more pupils but fewer than one hundred twenty pupils: One unit for each twenty-two pupils or a fractional part of a unit for less than twenty-two pupils in grades two through twelve, and one unit for each twenty pupils or a fractional part of a unit for less than twenty pupils in grade one.

(2) UNITS FOR OTHER ELEMENTARY, JUNIOR, SENIOR, OR Fl>UR-YEAR HIGH SCHOOLS.-Instruction units shall be com­puted as prescribed below for all other ele­mentary, junior, senior or four-year high schools:

(a) For attendance in all schools in the district having an average daily attendance of one hundred twenty or more pupils but fewer than two hundred pupils: One unit for each twenty-five pupils or a fractional part of a unit for less than twenty-five pupils in grades two through twelve; and one unit for each twenty-three pupils or a fractional part of a unit for less than twenty-three pupils in grade one.

(b) For attendance in all schools of the district having an average daily attendance of two hundred or more pupils but fewer than three hundred pupils: One unit for each twenty-six pupils or a fractional part of a unit for less than twenty-six pupils in grades two through twelve; and one unit for each twenty­four pupils or a fractional part of a unit for less than twenty-four pupils in grade one.

(c) For attendance in all schools in the district having an average daily attendance of three hundred or more pupils and for the at­tendance in all nonisolated schools in the district having fewer than one hundred twenty pupils in average daily attendance: One unit for each twenty-seven pupils or a fractional part of a unit for less than twenty-seven pupils in grades two through twelve; and one unit for each twenty-five pupils or a fractional part of a unit for less than twenty-five pupils in grade one, except that not more than one unit shall be allowed for any one-teacher school.

(d) The department of education is author­ized to approve selected schools to operate an extended school term beyond the required one hundred eighty days of instruction and to com­pute a proportionate increase in instruction units based on average daily attendance in such

160

§236.04 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §236.04

approved schools pursuant to regulations adopted by the state board. Provided, however, every such school shall, during the extended term herein authorized, conduct an academic instructional program of the same or greater quality and intensity as that conducted during the required one hundred eighty days of in­struction.

(e) The state board of education shall adopt appropriate regulations to insure that units allocated on the basis of average daily attend­ance in first grade classes shall be used inso­far as practicable for instruction in the first grade.

(3) UNITS FOR KINDERGARTENS...---In­struction units for kindergarten pupils in dis­tricts qualifying under law and regulations of the state board for such services shall be com­puted by allowing one such unit for each twenty-five pupils or a fractional part of a unit for less than twenty-five pupils in average daily attendance in kindergartens in the dis­trict when teachers are employed on a full­time basis; provided, however, that before kin­dergarten units for any district are approved for inclusion in the program of state financial support for any year, a plan for organizing and operating kindergartens in that district shall have been submitted to and approved by the department; provided further that the de­partment shall not approve any state supported kindergarten unit unless the individual teacher holds a valid Florida certificate covering early childhood education, or is otherwise a well qualified teacher who is working on a planned program for full certification in early child­hood education and who satisfactorily com­pletes three semester hours of college credit each year, and provided further, that all ap­proved units shall be housed in adequate physi­cal facilities including classroom, play area, and equipment which have been approved by a representative of the department. The depart­ment shall have authority to authorize one unit for each class of twenty or more pupils in isolated schools where fewer than twenty-five pupils of kindergarten age are available. When kindergartens are being organized in any dis­trict the department shall have authority to authorize during any year one unit for class of twenty or more pupils proposed by the school board to be organized in any new schools in the district. If at any school the kindergarten and one or more elementary grades are taught by one teacher, instruction units shall be computed on the basis of all kindergarten and elementary pupils in attendance in schools of such classifi-cation. .

(4) UNITS FOR EXCEPTIONAL CHIL­DREN.-Each school board shall provide an appropriate program of special instruction for exceptional children; such programs shall be implemented in annual increments so that all exceptional children shall be served by 1973. Instruction units for exceptional children shall be computed as follows:

(a) The term "exceptional children" as used

in the Florida School Code means any child or youth who has been certified by a specialist qualified under regulations of the state board of education to examine exceptional children as one who is unsuited for enrollment in a regular class of the public schools or is unable to be adequately educated in the public schools without the provision of special classes, in­struction, facilities or related services, or a combination thereof, or may include children with superior intellectual ability. The term "exceptional children" includes the following: The educable mentally retarded, the trainable mentally retarded, the speech impaired, the deaf and hard of hearing, the blind and par­tially sighted, the crippled and other health impaired, the gifted, the emotionally disturbed and socially maladjusted and those with spe­cific learning disabilities. Instruction units for exceptional children shall be computed when the following requirements for participation have been met:

1. Each school board which participates in this program shall submit annually to the de­partment a plan outlining its proposed pro­cedure for the provision of special educational services for exceptional children, and no funds authorized herein may be allotted to any dis­trict until such plan · has been approved in writing by the department in accordance with regulations of the state board.

2. No child shall be given special services under the terms of this chapter as an excep­tional child until he is properly classified as an exceptional child in keeping with the definition given above. A copy of the report certifying to the child's condition shall be kept on file in the office of the principal of the school in which the child is enrolled.

3. In providing for the education of excep­tional children the superintendent, principals, and teachers shall utilize the regular school facilities and adapt them to the ~eeds of ex­ceptional children wherever this is possible. No child shall be segregated and taught apart from normal children until a careful study of the child's case has been made and ,evidence obtained which indicates that segregation would be for the child's benefit or is necessary because of difficulties involved in teaching the child in a regular class.

4. The principal of the school in which the child is taught shall keep a written record of the case history of each exceptional child showing the reason for the child's withdrawal from the regular class in the public school and his enrollment in or withdrawal from a special class for exceptional children and this record shall be available for inspection by school officials at any time.

(b) For each group of ten or more excep­tional children to be taught by a properly qualified full-time teacher as a special class, or taught individually as homebound or hos­pitalized children unable to attend school for the major portion of a year, one instruction unit shall be allowed. The minimum number

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§236.04 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §236.04

of pupils required for such unit may be re­duced to not less than five, as authorized by regulations of the state board, for special sit­uations where the instruction of a larger num­ber would not be feasible or practicable. One fifth of a unit may be authorized for each ex­ceptional child taught in communities where fewer than five exceptional children are in need of special instruction as determined by the school board in accordance with the pro­visions of law.

(c) For each properly qualified member of the instructional staff devoting full time to the instruction or improvement of exceptional children from regular classes as prescribed by regulations of the state board, one instruc­tion unit shall be allowed.

(d) For each group of ten or more excep­tional children between three and five years of age for whom professional determination has been made that such programs are required to prepare the child for entrance into special classes or schools, as prescribed by regula­tions of the state board, and for the instruc­tion of which a full-time qualified teacher is to be employed, one instruction unit shall be allowed.

(e) When a pupil is unable to attend school because he is homebound or hospitalized, in­structional services may be provided by a duly qualified teacher or teachers, and one instruc­tion unit shall be allowed for each nine hun­dred instruction hours and a proportionate part of one unit shall be allowed for less than nine hundred instruction hours.

(5) UNITS FOR VOCATIONAL EDUCA­TION.-Instruction units for vocational educa­tion shall be computed as follows for all stu­dents regardless of age in the schools of each district:

(a) For each qualified full-time vocational teacher employed to provide instructional serv­ices approved under regulations of the state board, one instruction unit shall be allowed; provided the average daily attendance in the vocational program of the school is not less than one half the number used as the divisor for the school's classification, as prescribed in this section, in calculating the average daily attendance instruction units.

(b) One instruction unit or a proportion­ate fraction thereof shall be allowed as pre­scribed by the state board for each additional qualified vocational teacher ·employed to pro­vide instructional services on a full-time, part­time, or short-time basis for a full school day, a full school year, or proportionate parts there­of; provided the average daily attendance in the vocational program of the school is not less than ten.

(c) For each additional qualified vocation­al teacher employed to provide instructional services in approved programs, when the aver­age daily attendance is less than the minimum prescribed under paragraphs (a) and (b), a proportionate part of an instruction unit shall

be allowed if and as authorized by the regu­lations of the state board.

(d) Effective with the 1971-1972 fiscal year, instruction units for vocational education shall be determined as follows:

1. The state board of education shall clas­sify all vocational courses into not less than three nor more than twenty cost categories for the purpose of determining instruction units.

2. Cost categories for vocational courses shall be based on the following factors:

a. The number of full-time equivalent vo­cational students, measured by the number of student contact hours;

b. Variations in equipment and operational costs per course;

c. Added costs associated with direct, job­related courses, compensatory courses, and other courses for the disadvantaged, as defined in the vocational education amendments of 1968, Public Law 90-576;

d. Added costs involved in industrial arts and other exploratory courses in vocational education at the elementary, middle, and junior high school levels; and ·

e. Salary costs of instructional personnel. 3. Cost variations shall be expressed in

terms of a specified number of full-time equiv­alent students for each category. Full-time equivalent students in vocational education shall be defined by regulations of the state board of education, but said definition shall not be less than eight hundred ten student contact hours of instruction.

4. Instruction units, or a proportionate fraction of an instruction unit, shall be al­lowed for courses in vocational education in each of the funding categories.

The state department of education shall adopt regulations and procedures for the earning and allocation of special teacher units and supervisor units. Units under this paragraph are in lieu of those authorized by subsections (7) and (8).

(e) The state board of education shall have the authority to adopt regulations under which additional vocational education units may be allocated when the number of full-time equiv­alent students in any district as computed in subparagraphs 2. and 3. of paragraph (d) of this subsection is greater than the number used for initial unit allocation for that year. In such case, the department of education shall allocate to the district additional units in the amount required by the increase in the number of full-time equivalent students. Provided, however, that the total number of instruction units allocated in any given year shall not exceed the number used as the basis for the appropriation for that fiscal year.

(f) The department of education is au­thorized to allocate up to an additional one hundred units in vocational education for meet­ing statewide needs. Regulations shall be es­tablished by the state board of education for carrying out this purpose.

162

§236.04 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §236.07

(6) UNITS FOR ADULT EDUCATION.­For classes or courses in adult education other than vocational education: One instruction unit shall be allowed for each additional qualified teacher employed for a full-time load, or the equivalent, as prescribed by regulations of the state board, provided the minimum class size for a full instruction unit shall be not less than fifteen students in average daily attend­ance; a proportionate fraction of a unit shall be allowed in accordance with regulations pre­scribed by the state board:

(a) Where a qualified teacher is employed to teach approved part-time or short-unit classes of less than a full school day or full school year;

(b) Where the average attendance in an approved class or course falls below that pre­scribed above for a full instruction unit.

(7) UNITS FOR SPECIAL TEACHER SERVICES.-For each eight instruction units in a district, determined as provided in sub­sections (1)-(6) of this section, one instruc­tion unit or proportionate fraction of a unit shall be allowed for special teacher services which may include but not necessarily be lim­ited to personnel of the following types: Prin­cipals, supervising principals, assistant prin­cipals, librarians, materials specialists, guidance counselors, deans, physical educa­tion teachers, art teachers, music teachers, in­dustrial arts teachers, remedial reading spe­cialists, teachers for special instructional projects such as dramatics, radio, courses on Americanism vs. Communism, visiting teach­ers, coordinates of districtwide summer edu­cational enrichment programs, psychologists, and other certificated supporting staff, when used in accordance with regulations prescribed by the state board.

(8) UNITS FOR SUPERVISORS OF IN­STRUCTION.-Each school board which em­ploys for the purpose of improving instruction in the district one or more qualified supervisors of instruction and which adopts and carries out a plan f9r improvement of instruction in the district, in accordance with regulations of the state board, shall be entitled to additional instruction units for each supervisor of in­struction employed in the district as prescribed below; provided, that any adjacent districts may propose a plan which may be approved in accordance with regulations of the state board for cooperative employment of a super­visor or supervisors of instruction. The num­ber of instruction units for supervisors to which each district is entitled shall be deter­mined as follows:

(a) For the first one hundred instruction units or fraction thereof, one instruction unit shall be allowed for the employment of a gen­eral supervisor of instruction.

(b) For each additional one hundred in­struction units or fraction thereof, one addi­tional instruction unit shall be allowed for an additional supervisor of instruction.

(9) TOTAL INSTRUCTION UNITS.-The

total number of instruction units for each coun­ty for apportionment purposes shall be deter­mined by adding together the number of in­struction units for instructional personnel authorized in subsections (1) through (8) for kindergarten through grades twelve.

Hlstory.-§1004, ch. 19355, 1939; CGL 1940 Supp. 892(323); §4, ch. 20910, 1941; §§1, 4, ch. 22537, 1945; §§29, 37, ch. 23726, 1947; §1, ch . 26933, 1951; §1, ch. 28079, 1953; §73, ch. 29764, §§1, chs. 29844 and 29864, 1955; §9, ch. 57-252; §1, ch . 61-317; §1, ch. 63-370; §4, ch. 63-495; §§1, 2, ch. 65-315; §§130-132, ch. 65-239; §1, ch. 65-293; §3, ch. 65-311 ; §11, ch. 67-387; §9, ch. 67-438 ; §§ 1, 10-12, 19, ch. 68-18; §§ 15, 35, ch. 69-106; U, ch. 69-300; §13, ch. 69-402; §1, ch. 70-94 ; §1, ch. 70-175; §1, ch. 70-439.

Note.-§236.04(4) (a) formerly §236.61.

236.07 Procedure for determining annual ap­portionment to each district.-The procedure for determining the apportionment annually to each district foundation program fund shall be as follows:

(1) DETERMINING TRAINING RANKS OF INSTRUCTIONAL PERSONNEL.-The department of education in accordance with regulations prescribed by the state board as provided by §231.16 shall determine for each district annually, as of a date prescribed by the state board, the percentage of instructional personnel employed within each of the follow­ing classifications, levels of training, and cer­tification:

(a) Rank /.-Those under continuing con­tract and those not under continuing contract as prescribed by law, holding certificates based on an earned doctor's degree from a standard insti­tution of higher learning and on such other qualifications as may be prescribed by the state board of education.

(b) Rank !A.-Those under continuing con­tract and those not under continuing contract, as prescribed by law, holding certificates based on completion of a sixth year of college study at the post master's level at a standard institu­tion of higher learning. Such sixth year of study shall be a program planned by the institution of higher learning and approved by the depart­ment, and shall consist of a planned sequence of at least thirty semester hours of graduate credit and on such other qualifications as may be prescribed by the state board of education.

(c) Rank H.-Those under continuing con­tract and those not under continuing contract, as prescribed by Jaw, holding certificates based on an earned master's degree from a standard institution of higher learning and on such other qualifications as may be prescribed by the state board of education.

(d) Rank /H.-Those under continuing con­tract and those not under continuing contract, as prescribed by law, holding certificates based on a four-year college degree from a standard institution of higher learning and on such other qualifications as may be prescribed by the state board of education.

(e) Rank IV.-Those holding certificates based on three to three and nine tenths years of college training.

(f) Rank V.-Those holding certificates

163

§236.07 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §236.07

based on two to two and nine tenths years of cation shall by regulations provide for the college training and those holding certificates recognition and application of comparable ten­restricted to Rank V issued pursuant to law and ure requirements in lieu of the requirements state board regulations. herein relating to continuing contracts.

(g) Rank VI.-Those holding certificates (c) 1. The amounts included for salaries for based on less than two years of college training. supervisors, administrative and special instruc-The rank of any certificate based on qualifica- tiona! personnel, and vocational teachers in each tions equivalent to a degree established as of district shall be increased by up to twenty per October 1, 1953, shall not be affected; provided, cent when such money is used to pay the sal­that subsequent to October 1, 1953, _ranks may aries of personnel who are employed, pursuant be established for the postgraduate and advanced to regulations of the state board, for the two postgraduate certificates issued prior to October month period, or fractional part thereof, beyond 1, 1955, based on programs of teacher education the ten months of employment required in equivalent to the master's degree and the doctor's §236.02. Such regulations of the state board degree if such programs are approved by the shaH permit during such two month period, or department of education prior to October 1, fractional part thereof, employment of super-1953; and provided further, that subsequent visors, administrative and special instruction to October 1, 1953, ranks for personnel engaged services personnel, and vocational teachers, in trade and industrial education and adult and shall likewise also permit use of salaries education may be established on the basis of for administrative and special instruction serv­qualifications which are equivalent to a degree ices personnel for the employment of teachers

'b b f b d to teach, during such two month period, or as prescn ed Y regulations 0 the state oar fractional part thereof, academic subJ'ects or of education. preschool orientation classes which such teach-

(2) DETERMINING THE TRAINING ers are certified to teach and are regularly en-LEVEL OF INSTRUCTION UNITS.-Multiply gaged in teaching in the district during the the number of instruction units determined for preceding or succeeding regular ten month each district according to law by the percentage school year. Classes in academic subjects dur­of instructional personnel in each training rank ing such two month period, or fractional part and classification, as determined in subsection thereof, shall be of such minimum size as (1) above, and the product for each rank shall shall be prescribed by the state board, and may be the number of instruction units to which be composed of students taking advance work that district is entitled in each rank. for acceleration purposes, or of students repeat-

(3) DETERMINING THE AMOUNT TO ing subjects previously taken either for make­BE INCLUDED FOR INSTRUCTIONAL SALA- up or remedial work, or of both, and such work RIES.- shaiJ be credited as work taken during the regu-

(a) Multiply the number of instruction Jar school year. units in Rank I by seven thousand seven hundred 2. These amounts are to be used only for doiJars, in Rank IA by seven thousand doiJars, apportionment purposes and are not to be con­in Rank II by six thousand three hundred doiJars, strued as a state salary schedule. No teacher in Rank III by five thousand three hundred dol- shaiJ be paid an amount less than ninety per lars, in Rank IV by three thousand doiJars and cent of the salary alJotment for the rank of in Rank V by two thousand eight hundred such teacher, or the amount prescribed in doiJars. §236.02 (6), whichever is the greater. The sum

(b) For each instruction unit sustained by of these products shaiJ be the total amount instructional personnel under continuing con- included in the minimum foundation program tract in Ranks I, IA, II, and III, there shaH be for instructional salaries, which shaH not ex­added four hundred dollars; for each instruction ceed the amount paid as salaries in any case. unit sustained by instructional personnel under (d) Provision for adult education teachers continuing contract in Ranks I, IA, II, and III under the minimum foundation program shaiJ who have completed seven years of efficient be the same as now provided for administrative teaching service in Florida public schools there and special service personnel, supervisors, and shaiJ be added an additional four hundred do liars; vocational education personnel when they are for each instruction unit sustained by instruc- employed on a twelve-months basis. tiona! personnel under continuing contract in (e) The state board of education shall Ranks I, IA, II, and III who have completed ten promulgate and adopt necessary regulations for years of efficient teaching service in Florida the determination of the classification of in­public schools there shaiJ be added an additional structional personnel and instruction units with four hundred dollars; and for each instruction relation to continuing contracts and continuous unit sustained by instructional personnel under efficient teaching service in Florida public continuing contract in Ranks I, IA, II, and III schools. who have completed fifteen years of efficient ( 4) DETERMINING THE AMOUNT TO teaching service in the Florida public schools BE INCLUDED FOR TRANSPORTATION; there shaH be added six hundred doHars in ad- LIMITING USE TO LOWEST ESTABLISHED dition to the above. For any district which by PRICES.-The amount included in the mini­local law a tenure program is provided in lieu mum foundation program for transportation of continuing contracts, the state board of edu- shaH be as provided in §236.05. No district shall

164

§236.07 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §236.07

use foundation program funds to purchase transportation equipment and supplies at prices which exceed those found by the depart­ment of education to be the lowest which can be obtained as prescribed in §229.79.

(5) DETERMINING THE AMOUNT FOR CURRENT EXPENSES OTHER THAN IN­STRUCTIONAL SALARIES AND TRANSPOR­TATION.-

(a) Multiply the number of instruction units, determined for each district according to law by two thousand one hundred fifty dol­lars in 1970-1971; three thousand two hundred fifty dollars in 1971-1972; four thousand three hundred fifty dollars in 1972-1973; and five thousand four hundred fifty dollars in 1973-1974 and each year thereafter. This product shall be the amount included for current ex­pense other than instructional salaries and transportation. Of this product, one hundred dollars per instruction unit shall be specifically designated for the purchase of instructional materials. The state board shall establish mini­mum standards to be met by school boards in expending funds for other current expenses.

(b) The department shall annually deter­mine the difference between:

1. The number of mills of tax required for participation in the minimum foundation pro­gram in subsection (9) on ninety-five percent of the total nonexempt assessed valuation for all counties in the state for the preceding year as determined by the auditor general and de­partment of revenue pursuant to paragraph (a) of subsection (9); and

2. The number of mills of tax required for participation in subsection (9), of the total assessed valuation of nonexempt property for all counties collectively for the preceding year, multiplied by ninety-five percent.

The difference so determined shall be divided by the total number of instruction units in­cluded in the minimum foundation program for all school districts collectively, and the amount determined for each instruction unit shall be added to the amount determined in paragraph (a), to determine the total value to be included pursuant to this subsection.

**(6) DETERMINING THE AMOUNT FOR EDUCATION IMPROVEMENT EXPENSE.­Multiply the number of instruction units, deter­mined for each district according to law, by one thousand seven hundred twenty dollars. This product shall be the amount included for educa­tion improvement expense; provided, that this total amount shall be used by the school board for the purpose of improving the quality of the educational program based on an approved plan of utilization and implementation. Each school board shall initiate an evaluation of the educational program needs in that district and shall develop a systematic program of action for meeting these needs both as to the immedi­ate school year and long range objectives in­corporating a priority of the use of the funds provided herein. Each school board shall, prior

to July 1 each year, present to the department of education for review and approval a plan for educational improvements to be accomplished that year which are in accord with the long range objectives and are designed pursuant to criteria prescribed by the state board of edu­cation. In developing the plans for educational improvement each district shall provide in an order of priority of needs a plan which may include but not necessarily be limited to com­pensatory education, intensification in instruc­tion in basic skills, extended services for ill, hungry, and emotionally disturbed children, innovations in technology and media, expanded public information services, flexible staff or­ganization, additional time for lunch and plan­ning, expanded utilization of staff and facilities on a twelve-months basis, providing more ade­quate instruction materials, expanded educational testing programs, expanded adult education pro­grams, provisions for meeting the unique needs of the individual child, provisions for teacher aides, technicians and support personnel, and school plant maintenance. Each school board shail in determining the needs and developing the plan for educational improvements give the highest priority of need to the area of staff de­velopment, and the department of education shall not approve any plan failing to meet this requirement. In the event the plan has not been approved by the department of education prior to August 31 of any year, the school board shall set aside these funds in an earmarked reserve within the school board budget. This reserve shall be in addition to other reserves provided by law and shall not be amended into an appro­priation for expenditure until such time that the plan for improvement of education has been approved by the department of education. If the plan has not been approved by February 1 of any year the district shall forfeit its right to these state funds, and the department of education shall certify this fact to the state comptroller who shall withhold this amount from the remaining distribution of state funds to that district until such time that the proper amount has been retained by the state.

(7) DETERMINING THE AMOUNT TO BE INCLUDED FOR CAPITAL OUTLAY AND DEBT SERVICE.-The amount included in the minimum foundation program for capital out­lay and debt service shall be as determined and provided in §18, Art. XII of the constitution of 1885 as adopted by §9(d) of Art. XII, 1968 re­vised constitution, and state board of education regulations pertaining thereto. Any portion of the fund not needed during any fiscal year may be carried forward in ensuing budgets or tem­porarily invested as prescribed by law or regu­lations of the state board of education.

(8) DETERMINING THE TOTAL CALCU­LATED COST OF THE MINIMUM FOUNDA­TION PROGRAM.-

(a) The total calculated cost of the mini­mum foundation program in each district shall be the sum of the amounts included in the minimum foundation program for instructional

165

§236.07 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §236.07

salaries, transportation, current expenses other than instructional salaries and trans­portation, education improvement expense, -and capital outlay and debt service, as set forth above.

(b) For fiscal year 1974-1975 and each year thereafter, the amount allocated to each coun­ty for instructional salaries, transportation, current expense other than instructional sala­ries and transportation, and education improve­ment expense shall be increased by an appro­priate percentage to provide for the cost of living change over the previous fiscal year. The state board of education shall provide from a reliable published source the best cost of living adjustment for education for this purpose on a year to year basis.

(9) DETERMINING THE MINIMUM FI­NANCIAL EFFORT IN EACH FISCAL YEAR REQUIRED OF EACH DISTRICT FOR THE MINIMUM FOUNDATION PROGRAM.-

(a) The amount that each district shall provide toward the cost of the minimum foun­dation program shall be ninety-five percent of four mills in 1970-1971, ninety-five percent of five mills in 1971-1972, ninety-five percent of six mills in 1972-1973, and ninety-five percent of seven mills in 1973-1974 and each year thereafter, of tax on one hundred percent of the nonexempt assessed valuation of that dis­trict for the preceding calendar year. The level of assessment of property for each district shall be determined by the agency authorized by law. After consultation with the depart­ment of revenue, the auditor general is direct­ed to determine for each school district the ratio of the assessment roll compared to full value and shall certify the results of such study to the department of education. In mak­ing this certification, the auditor general shall consider and be guided by the statutory stan­dards to which the assessors are required to adhere. This certification shall be made no later than May 1 of each year except the first year of the said study. In each school district failing to assess at one hundred percent valu­ation of property, the school district share of the minimum foundation program cost shall be computed at a level of assessment equal to one hundred percent of the nonexempt assessed property valuation of the district for the pre­ceding calendar year. For each year subse­quent to the fiscal year 1970-1971, the level of assessment of property for each district, as determined by the ratio study on the current tax roll, shall be applied to the said current tax roll. For the fiscal year 1970-1971 the level of assessment of property for each district as determined by the ratio study on the 1970 tax roll shall be applied to the 1969 tax roll, it being the intent of the legislature that there shall be no ratio study performed on the 1969 tax roll. If the funds for the increase in other current expense provided in subsection (5) are not appropriated in full for a given year, the increased local effort required hereunder shall not apply, and in lieu thereof the local effort

required shall revert to the level required for the year in which other current expense was last fully funded. When the amount of the in­crease of one thousand one hundred dollars in other current expense, as provided in sub­section (5), allocated to any district for any year, 1970-1971 through 1973-1974, is less than the amount of the increase of one mill of re­quired local effort for that district as provided herein, an amount equal to the difference of the increase of one mill and the increase in other current expense shall be allocated to the district. The financial effort of any school dis­trict toward meeting the cost of a minimum foundation program for that district shall con­sist of the proceeds of the district current school taxes; provided, that when a district is levying the maximum mills permitted by law, racetrack, federal impact, and national forest funds may be included.

*(b) If a district requests that instruction units for kindergartens be included in its mini­mum foundation program and is entitled to such units under the laws of the state, the finan­cial effort required of that district as pre­scribed herein shall be increased by five per cent; provided, however, that the increased lo­cal effort shall not exceed three thousand dol­lars for each kindergarten unit approved in the respective districts.

(10) DETERMINING THE ALLOCATION FROM STATE FUNDS.-The total allocation to each district foundation program fund shall be the total calculated cost of the minimum foundation program for that district as deter­mined in subsection (8) less the minimum fi­nancial effort required of that district as de­termined in subsection (9); provided, however, from this amount shall be deducted in the suc­ceeding fiscal year:

(a) Any amount required to be deducted from the full apportionment for any school or schools that operated less than one hundred eighty teaching days during the preceding year;

(b) In such districts as fail to pay instruc­tional personnel at least the amount included in the minimum foundation program for in­structional salaries, the difference between the amount included in the minimum foundation program for instructional salaries and the amount actually paid in such districts;

(c) Any portion of the amount included in the minimum foundation program for capital outlay and debt service which a school board expends in violation of the state board regu­lations;

(d) Any unused portion of the amount in­cluded in the minimum foundation program for instruction units of any type or classifica­tion exclusive of recalculation funds of a prior year.

(11) Those teachers holding certificates in Rank III as of April 15, 1951, based on the establishment of ninety or more semester hours of college training and an examination type

166

§236.07 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §236.074

of certificate issued prior to October 1, 1939, shall remam in Rank Ill.

(12) The amendments to subsections (5) and (9) contained in chapter 69-1735, Laws of Florida, shall become effective on July 1, 1970. However, the auditor general is authorized to commence ratio studies at an earlier date if funds are available, and the results of such ratio studies, if certified by the auditor gen­eral to the state department of education, shall be used for the distribution of school funds commencing on July 1, 1970.

History.-§1007. ch. 19355, 1939; CGL 1940 Supp. 892(326); §31, ch. 23726, 1947; §5, ch. 25363, 1949; §1, ch. 28018, 1953; §1, ch. 28139, 1953; §1, ch. 23178, 1953; §1, ch. 28212, 1953; §2, ch. 29844, ~~1, chs. 29623, 29698, 29897, §74, ch. 29764, §16, ch. 29754, 1955; Ul, ch. 57-252; §2. ch. 57-297; ~1. ch. 59-366; §8, ch. 59-339; §1, ch. 61-251; §6, ch. 61-459; §5A, ch. 61-530; §11, ch. 61-288; §1, ch. 63-413, §5, ch. 63-495; §l ch. 63-529; §7, ch. 65-424; ~1. ch. 65-314; §135, ch. 65-239; §12, ch. 67-387; §§4, 5, 7-9, 12A, 20, ch. 68-18; §8, ch. 69-82; §U5, 35, ch. 69-106; §31, ch. 69-216; §1. ch . 69-300; §15, ch. 69-402; §§1, 2, 4, ch. 69-1735; §§2-5, ch. 70-94; §1, ch. 70-439.

*Note.-§5, ch. 70-94 repeals paragraph (9) (b) effective July 1, 1971.

**Note.-See §1, ch . 70-95, item 188, which provides that no district shall be eligible to receive funds under subsection (6) until it has implemented a school lunch program providing free or reduced price lunches to economically needy children.

236.0725 District ad valorem tax equaliza­tion allocations.-There is hereby established, as a part of the district school fund, district ad valorem tax equalization allocations as here­inafter determined:

(1) The average statewide yield per mill of taxation per pupil shall be determined by multiplying the total nonexempt assessed valu­ation for the prior year as adjusted to one hundred percent assessment by one mill and then dividing the result by the total average daily attendance in grades one through twelve for the prior year.

(2) The average district yield per mill of taxation per pupil for each district shall be determined by multiplying the total nonexempt assessed valuation for the prior year as ad­justed to one hundred percent assessment by one mill and then dividing the result by the total average daily attendance in grades one through twelve in the district for the prior year.

(3) The district yield per mill of taxation per pupil shall be then compared to the aver­age statewide yield per pupil, and any district having an average yield which is less than the state average yield shall become eligible for participation in the district ad valorem tax equalization fund as prescribed in subsection (4).

( 4) Multiply the amount of dollars the dis­trict is below the state average per mill per pupil by the number of pupils for the prior year in average daily attendance in grades one through twelve in the district; then multiply this product by the difference between the mill­age for local effort as required by §236.07(9) (a), and seven mills. The amount thus obtained shall be the amount to be allocated to the said district. However, any district not levying for the prior year ten mills for operating pur­poses or any district having an assessment level below that of the state at large shall not

be entitled to any allocation under this section. (5) The amounts available to any district

under the provisions of this section shall be distributed in twelve monthly payments as nearly equal as practicable. The comptroller shall issue warrants based on the certification of the department of education of the amounts due each eligible district; however, for the fiscal year 1970-1971, no distribution shall be made until after January 1, 1971, and for the 1970-1971 fiscal year, the annual allocation shall be divided into no more than six monthly payments in accordance with this subsection.

(6) If the funds appropriated for the pur­pose of implementing this section are not suf­ficient to pay the requirements in full, the de­partment of education shall prorate the avail­able funds on a percentage basis.

llistory.-§6, ch. 70-94; §1, ch. 70-439.

*236.07 4 District school additional capital outlay trust fund created.-

(1) ADDITIONAL CAPITAL OUTLAY.­In addition to the capital outlay funds provided in §18, Art. XII of the state constitution of 1885, as adopted by §9(d), Art. XII, 1968 revised state constitution, and §236.07, there is hereby provided additional capital outlay funds in the amounts and upon the conditions hereinafter provided.

(2) AVERAGE DAILY ATTENDANCE.­The term "average daily attendance" as used in this section means average daily attendance for grades one through twelve.

(3) APPROPRIATION FOR ADDITIONAL CAPITAL OUTLAY.-There is created within the office of the state treasurer a district school additional capital outlay trust fund. There is hereby annually appropriated from the general revenue fund to the district school additional capital outlay trust fund of the several dis­tricts maintained in the office of the state treasurer a sum which shall be equal to eight hundred dollars multiplied by the number of pupils in average daily attendance for the last completed school year, commencing with the school year 1969-1970, which is in excess of the number of pupils in average daily attend­ance during the next preceding school year as determined by law. The average daily attend­ance for the next preceding school year shall never be computed for the purposes of this section as less than the average daily attendance for any school year commencing with, and subse­quent to, the 1955-1956 school year.

(4) LIMITATIONS ON APPROPRIA-TION.-The annual appropriation made in sub­section (3) is subject to the following limita­tions:

(a) In order for a school board to avail it­self of the appropriation in subsection (3), it must create in its district school fund a separate fund known as the school construction fund.

(b) The funds in the school construction fund in the district school fund of any dis­trict shall be used only in acquiring, building, constructing, altering, improving, enlarging,

167

§236.074 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §236.32

furnishing, or equipping, or making payments on lease-purchase agreements for, capital out­lay projects for school purposes approved by the department of education and in accordance with the findings of the state board of educa­tion as to priority of needs as shown by a survey or surveys.

(c) The funds in the school construction fund in the district school fund of any dis­trict may be invested as provided by law for the investment of other funds in the district school fund until they can be utilized as re­q·uired under this section. Such funds and the interest accruing thereon shall be expended for no purpose other than provided for under this section.

History.-§§1-6, ch. 57-334 ; §1. ch. 59-253 ; §2, ch. 61-119 ; §18, ch. 63-572; §21, ch . 68-18 ; §§15, 35, ch. 69-106 ; §31, ch. 69-216; §1, ch. 69-300; §7, ch. 70-94 ; §7, ch. 70-399.

•Note.--<Approprlatlons contained In Items 172-320, §1, ch. 70-95 are In lieu of appropriation contained In this s ection .

236.075 District school sales tax trust fund; creation and use of; appropriation.-

Note.-see note following §236.074. Also see Item 200, §1, ch. 70-95, providing that state funds provided pursuant to this section are to be Increased by the same percentage by which state funds for the junior college minimum foundation program are increased !or that junior college district pursuant to §230.764(2).

236.25 District school tax.-The school board of each district shall levy a district tax, which shall include the proceeds derived from the assessment and collection of taxes from the following authorizations:

(1) A levy of not more than ten mills on the dollar of all taxable property in the dis­trict for the support of public schools as pro­vided in §9, Art. VII of the state constitution. The amount of millage levy shall be deter­mined by the school board.

(2) A levy for the support of schools with­in the amount authorized by vote of the elec­tors who are owners of freeholds not wholly exempt from taxation as provided in §9, Art. VII of the state constitution. These taxes shall be certified, assessed, and collected as prescribed in §237 .18, and shall be expended as provided by law.

Hlstory.-§1025, ch. 19355, 1939 ; CGL 1940 Supp. 892(344); §28, ch. 69-216; §1, ch. 69-300; §4. ch. 70-401.

*236.251 Tax levy; participation in mini­mum foundation program; limitation.-Effec­tive July 1, 1970, each school board desiring to participate in the minimum foundation pro­gram for kindergartens and grades one through twelve shall levy no more than ten mills of tax on the nonexempt assessed valuation of the district, exclusive of:

(1) Millage voted for; (2) Local capital improvement; (3) Required debt service; (4) Required junior college minimum effort; (5) Required additional kindergarten local

effort; (6) Commissions to tax collector and tax

assessor; (7) Any deficit in state funding of retire­

ment matching;

(8) Cost of liability insurance due to waiver of sovereign immunity;

(9) Capital improvements under §9, Art. VII of the state constitution; and

(10) The amount of money necessary to replace any decrease in funds from Public Law 81-874, decrease meaning the difference between that amount of money received by the school district during the current fiscal year and the largest amount of money received by the said district under the said law subse­quent to July 1, 1967.

History.-§23, ch. 68-18 ; §1, ch. 68-112; §1, ch. 69-300 ; §1, ch. 70-21 ; §B, ch. 70-94.

*Note.-§9, ch. 70-94, repeals §236 .251 effective July 1, 1974.

236.32 Procedure for holding and conduct­ing school district millage elections.-The pro­cedure for holding and conducting school dis­trict millage elections shall be:

(1) HOLDING ELECTIONS.-All school district millage elections shall be held and conducted in the manner prescribed by law for holding general elections, except as pro­vided in this chapter. The school board shall appoint inspectors and clerks for said election, whose duties shall be the same as those of similar officers in general elections, except as herein stated.

(2) FORM OF BALLOT.-The school board, at its option, may determine whether to use paper ballots or automatic voting ma­chines for said election. On the ballot, the school board may propose a single millage or two millages, with one for operating expenses and another for a local capital improvement reserve fund. When two millage figures are proposed, each millage shall be voted on sep­arately. The school board shall provide sub­stantially the following form of ballot for vot­ing the levy in the school district:

SPECIAL SCHOOL DISTRICT MILLAGE ELECTION FOR THE DISTRICT OF _____________ _ ____________ COUNTY, FLORIDA, HELD ____________ , 19 --------·

(a) In districts where paper ballots are used the following instructions shall be included: INSTRUCTIONS TO VOTERS: The proposed levy for the school term as proposed by the school board is ___________ mills for operating ex-penses and ____ ____________ mills for the local capital improvement reserve fund. Each millage will be voted on and determined separately. Indi­cate your choice by making an "X" in the proper space below. If some other millage for operating expenses is desired, indicate by writing in the millage. On the proposed levy for local capital improvement reserve fund, vote "for" or "against."

1. Proposed levy of ____________ mills for op-erating expenses.

D FOR proposed levy of ____________ mills for operating expenses.

D AGAINST proposed levy of ____________ mills for operating expenses.

2. Proposed levy of ________ ___ mills for local capital improvement reserve fund.

168

§236.32 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §237.09

D FOR proposed levy of ____________ mills for local capital improvement reserve fund.

D AGAINST proposed levy for local capital improvement reserve fund.

(c) In districts where automatic voting machines are used the following instructions shall be included: INSTRUCTIONS TO VOTERS: The proposed levy for the school term as proposed by the school board is ____________ mills for operating ex-penses and ____________ mills for the local capital improvement reserve fund. Each millage will be voted on and determined separately. If you favor the proposed millage for operating expenses, so indicate by depress­ing the "for" lever directly over (under) the proposed millage. If you favor a different mill­age for operating expenses, so indicate by writing in the millage you favor. You may select only one millage for operating expenses. On the proposed millage for the local capital improvement reserve fund, indicate your choice by depressing the "for" lever or the "against" lever over (under) the proposed millage.

(3) QUALIFICATIONS OF ELECTORS.­All qualified electors residing within any school district in the state whose voting registra­tions are in that district, who are owners of freeholds within the said district, and who are not wholly exempt from taxation on such freeholds shall be entitled to vote in the elec­tion to set the school. tax district millage levy.

(4) CANVASS OF RETURNS.-The school board shall canvass the returns of the election as made to it by the inspectors and clerks of the election and shall declare the results at the next regular meeting of said board or at a special meeting called for that purpose.

(5) RESULTS OF ELECTION.-When the school board proposes one tax levy for operat­ing expenses and another for the local capital improvement reserve fund, the results shall be considered separately:

(a) The tax levy for operating expenses receiving the majority of all votes for such tax levies cast by the qualified electors, or, in case no one levy receives a majority, that levy for which, together with the votes cast for higher levies, a majority of the votes are cast, shall become the levy for operating expenses for the district.

(b) The tax levy for the local capital im­provement reserve fund shall be levied only in case a majority of the electors participating in the election vote in favor of the proposed special millage.

(6) EXPENSES OF ELECTION.-The cost of the publication of the notice of the election and all expenses of the election in the school district shall be included in the budget and paid by the school board.

Wstory.-§1032, ch. 19355, 1939; CGL 1940 Supp. 892(351); 17, ch. 22858, 1945; 17B, ch. 29764, 1955; 114, ch. 61-288; 12, ch. 65-60; 1§154, 155, ch. 65-239; §2, ch. 65-427; 11. ch. 69-300; 15, ch. 70-401.

CHAPTER 237

FINANCIAL ACCOUNTS AND EXPENDITURES

237.09 Superintendent to prepare tentative budget.

237.13 State board to prescribe regulations and procedures for examining and approving budgets and for reserves.

237.18 Levying of taxes.

237.09 Superintendent to prepare tenta­tive budget.-On or before July 15 of each year, the superintendent of each district, after tentatively ascertaining the policies of the school board regarding the school program and the budget for the ensuing year, and after censulting with the principals of the various schools or with supervising principals to determine needs, shall prepare as accurately as possible an estimate of the cost of the pro­gram including all obligations to be met and necessary reserves, the balances and income to be available, and the tax levies needed dur-ing the next ensuing fiscal year which estimates shall be prepared in proper form to constitute the tentative budget for the district as pre-scribed below. This tentative budget shall pro­vide, insofar as practicable, for a uniform term for all schools in the district based on an equitable and equalizing apportionment of state and district school funds, and shall be· balanced before it is submitted to the school board; that is, the estimate of expenditures to be made during the year, including obliga­tions against the funds plus reserves, shall not exceed the estimate of income plus the balance expected to be available at the be­ginning of the year. This tentative budget shall be prepared in separate parts, namely:

Part !-Operating Budget . Part II-Debt Service Budget Part III-Capital Improvement Budget Part IV-Contracted Programs Budget

In addition, there shall be prepared any other part or item as may be prescribed by law or regulations of the state board as follows:

(1) ESTIMATE OF EXPENDITURES, TRANSFERS AND RESERVES.-The super­intendent shall prepare an itemized list of all functions to be performed, the services to be rendered and the obligations to be met by and for the district school system, and on the basis of these lists shall prepare the estimates of expenditures to be incurred during the next fiscal year; the transfers between the separate parts of the budget; and the reserves as may be provided for by law or by regulations of the state board.

(a) Part I, operating budget.-This part of the budget shall provide an estimate of the amounts needed to be expended to sustain the cost of operating the district school system including any necessary transfers between the other two parts of this budget or the budgets required in §§230.62 and 230.769; in addi­tion a reserve for contingency may be included

169

§237.09 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §237.09

which shall not exceed five per cent of the amount proposed for expenditures and trans­fers; and provided that an additional reserve may be included which shall not exceed twenty per cent of the taxes anticipated to be collected that fiscal year, which reserve, if authorized shall be set aside as a "cash balance to be car­ried over" for the purpose of paying expenses for the period in the next succeeding fiscal year between July 1 and November 30-the time when taxes to be levied for the succeeding year's expense will begin to be available.

(b) Part II, debt service budget.-This part of the budget shall provide for the payment of bond principal and interest maturing in the year for which the budget is made, other items of debt service, commissions to the tax assessor and tax collector where applicable, and includ­ing but not restricted to obligations incurred pursuant to §18, Art. XII of the state consti­tution of 1885 as adopted by §9 (d) of Art. XII, 1968 revised constitution, and the additional provisions of §9 (d), revenue certificates or bonds issued pursuant to law, and obligations incurred pursuant to §237.27, and expenses of refund operations if any are contemplated. If any interest or serial bonds are payable be­tween the end of the fiscal year for which the budget is.made and November 30 of the succeed­ing year, or the date on which a sufficient amount of the succeeding year's taxes may rea­sonably be expected to be available, a sufficient "cash balance to be carried over" shall be re­served to pay such principal and interest. In any year, more than one year before the fiscal maturity of the bonds, an additional reserve may be provided not to exceed the current year's principal and interest requirements. For serial bonds maturing at intervals greater than one year, reserves for "sinking funds" shall be cal­culated on a straight-line basis for such inter­vals. Sinking funds for bonds not maturing serially shall provide a "reserve for sinking funds" calculated on a straight-line basis. In addition, there may be included transfers as may be authorized by law or regulations of the state board.

(c) Part III, capital improvement budget. -This part of the budget shall include all capi­tal outlay projects to be undertaken during the year setting forth the location, size, type, and cost of each project or proposed expenditure according to the funds from the various sources that are to be used in meeting these costs; in addition, any transfers provided by law or regulations of the state board shall be included where applicable. Appropriate re­serves and cash balances may be included for the purpose of financing future construction and acquisition costs.

(d) Part IV, contracted programs budget.­This part of the budget shall include the funds available from federal grants and other grants which are for categorical aid in support and maintenance and certain capital outlay proj­ects. These funds must be expended under

the terms of the grants and within state limitations certain balances may be carried forward as fund balances to continue the proj­ects into the next fiscal year.

(2) ESTIMATE OF BALANCES ON HAND, INCOME, TAX LEVIES, AND TRANS­FERS.-The superintendent shall prepare an estimate of receipts reasonably to be expected by him to be available from all sources to meet the program for the district school sys­tem. These estimated receipts shall not include estimated receipts from tax redemptions which are to be omitted to constitute a reserve for noncollection of taxes unless the receipts from tax redemptions can reasonably be ex­pected to exceed the amount of uncollected taxes, in which case the estimated amount of excess only shall be included. These estimates of the receipts from taxes are to be based on the estimate of the assessor, as hereinbefore prescribed, and an anticipated collection of ninety-five per cent of the taxes to be assessed. This tentative budget for the district shall com­prise and show separately:

(a) Part I , operating budget.-This part of the budget shall include the estimate of the receipts, balances, and transfers classified under appropriate headings to pr!)vide the estimate of state and federal funds to which the district is entitled during the year as certified by the department of education, also an estimate of the income anticipated from the tax levy author­ized by the voters, and an estimate of the amount needed from the district general school tax and other sources of anticipated income; also the estimate of the district tax millages necessary to produce the amount needed.

(b) Part II, debt service budget.-This part of the budget shall include the balances avail­able in each special tax district which has bonded obligations plus the anticipated receipt from the tax levies proposed for the respective interest and sinking funds. The tax levy pro­posed for each interest and sinking fund shall be adequate together with the cash balance in that fund to meet all obligations of the district that year. In addition, this part of the budget shall include balances and anticipated receipts certified by the department of educa­tion to be available for retiring the obligations incurred pursuant to §18, Art. XII of the state constitution of 1885 as adopted by §9 (d) of Art. XII, 1968 revised constitution, and the ad­ditional provisions of §9 (d) ; there shall be included appropriate transfers to provide suf­ficient revenue to retire that year's obligations incurred under the provisions of law, includ­ing but not limited to obligations incurred under the provisions of §237.27.

(c) Part III, capital improvement budget. -This part of the budget shall include local capital improvement funds, balances, transfers, and anticipated receipts from the sale of prop­erty, sale of bonds or revenue certificates, in­surance loss recoveries and other receipts des­ignated to be placed therein pursuant to regu­lations adopted by the state board.

170

§237.09 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §238.01

(d) Part IV, contracted programs budget.­This part of the budget shall include receipts and fund balances from federal grants and other grants on an accrual basis. Certain trans­fers as required for state and local matching shall be included under the terms of the sev­eral grants.

(3) BUDGET AND PARTS THEREOF MUST BALANCE.-If, when a tentative budget has been prepared in this form, the proposed expenditures, plus transfers, and balances ex­ceed the estimated income, transfers, and bal­ances, the proposed tax levy shall be increased, if that is possible without exceeding the maxi­mum millage authorized by the voters for the district millage and the ten mills which may be authorized by the board; if such increase is not possible, the appropriations, transfers, or reserves shall be reduced so that the budget and each of the parts thereof will balance.

Hlstory.-§1067, ch. 19355, 1939; CGL 1940 Supp. 892(386); (4) (a) §3, ch. 28068, 1953; (3), (4) (a) §88, ch. 29764, 1955; §19, ch. 57·249; §17, ch. 61·288; §168, ch. 65-239; §§15, 35, ch. 69-106; §31, ch. 69-216; §1, ch. 69-300; §1, ch. 69-385; §1, ch. 70-21.

237.13 State board to prescribe regulations and procedures for examining and approving budgets and for reserves.-It shall be the duty of the state board to prescribe such regulations as are necessary to guide the department of education in examining and preparing reports on all budgets submitted by school boards and to require that such budgets be examined and that a written report on the result of such an examination be submitted to each superin­tendent for transmission to the school board of that district within thirty days of the receipt of the budget as prescribed below; provided, that the state board shall also have authority to prescribe regulations in accordance with which school boards may be authorized to provide in their budgets for school local capital improve­ment reserve funds, to invest such funds, and to carry forward such reserves in their budgets from year to year in such amounts and for such periods of time as are authorized by the state board regulations; such reserves as au­thorized shall be in addition to those authorized in §237.09.

Hlstory.-§1071, ch. 19355, 1939; CGL 1940 Supp. 892(390); §9, ch. 22839, 1945; §§15, 35, ch. 69-106; §1, ch. 69-300; §1, ch. 70-21.

237.18 Levying of taxes.-(1) Upon the final adoption of the budget,

and upon receipt of the certificate of the as­sessor of taxes giving the assessed valuation of the county and of each of the special tax school districts, the school board shall deter­mine by resolution the amounts necessary to be raised for the current operating fund and for each district bond interest and sinking fund and the millage necessary to be levied for each such fund, and shall also show in said resolution the millage voted for the current operating fund in the district. A certified copy of said resolution shall thereupon be filed with the county assessor of taxes, and the school board shall also order the assessor to assess

the several millages certified by said school board against the appropriate taxable property in the school district.

(2) The assessor shall then assess the taxes as ordered by the school board. Tax millages so assessed shall be clearly designated and separately identified as to source on the tax bill for other county taxes.

(3) The collector shall collect said taxes and pay over the same promptly as collected to the district school depository or depositories to be used as provided by law; provided, that all taxes authorized herein shall be assessed and collected on railroad, street railroad, sleeping car, parlor car, and telegraph com­pany property in the manner now provided by law.

(4) The school board shall determine the millage to be levied for the current operating fund and the district bond interest and sink­ing funds by dividing the applicable assessed valuation, as finally certified by the assessor after equalization, into the amount budgeted to be received from taxes before five percent is deducted, using the nearest one quarter of a mill or other fraction or decimal ordinarily used in the district. If the assessed valuations are not equalized until after final adoption of the budget and it is thereupon determined that the legal millage will not be sufficient to pro­duce the amount estimated from taxes for the budget of any fund, the budget will be valid, notwithstanding the deficiency of taxes. The millage shall conform to the millage author­ized by law.

History.-§1076, ch. 19355, 1939 ; CGL 1940 Supp. 892 (395) ; §169, ch . 65-239; §1, ch. 67-226 ; §1, ch. 69-300; §1, ch. 70-401. cf.-§236.33 School board to certify levy and county commis­

sioners to order assessment and collection.

CHAPTER 238

RETIREMENT SYSTEMS FOR SCHOOL TEACHERS

238.01 Definitions. 238.07 Regular benefits; survivor benefits. 238.08 Optional benefits.

238.01 Definitions.-The following words and phrases as used in this chapter shall have the following meanings unless a different mean­ing is plainly required by the context:

(1) "Retirement system" shall mean the teachers' retirement system of Florida provided for in §238.02.

* (2) ["Division" shall mean the division of personnel and retirement of the department of administration.]

(3) "Medical board" shall mean the board of physicians provided for in §238.04.

( 4) "Teacher" shall mean any member of the teaching or professional staff and any cer­tificated employee of any public free school,

171

§238.01 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §238.01

of any district school system and vocational school, any member of the teaching or profes­sional staff of the Florida school for the deaf and blind, child training schools of the division of youth services of the department of health and rehabilitative services, the division of corrections of said department, and any tax-supported institution of higher learning of the state, and any member and any certified employee of the department of education, any certified employee of the retirement ·sys­tem, any full-time employee of any nonprofit professional association or corporation of teachers functioning in Florida on a state-wide basis, which seeks to protect and improve pub­lic school opportunities for children and ad­vance the professional and welfare status of its members, any person now serving as super­intendent, or who was serving as county super­intendent of public instruction on July 1, 1939 and any hereafter duly elected or appointed superintendent, who holds a valid Florida teachers' certificate. In all cases of doubt the division shall determine whether any person is a teacher as defined herein.

(5) "Member" shall mean any pertlon in­cluded in the membership of the retirement system as provided in §238.05.

(6) "Employer" shall mean the state, the school boards of all the districts of the state employing teachers or junior college boards of trustees, subject to the provisions of this chapter, other agency of and within the state by which the teacher is paid, or any nonprofit professional association or corporation of teachers as referred to in subsection ( 4).

(7) "Service" shall mean service as a teach­er as described in (4) rendered while a mem­ber of the retirement system.

(8) "Prior service" shall mean service as a teacher rendered prior to the date of establish­ment of the retirement system and for which credit is allowable under §238.06.

(9) "Membership service" shall mean serv­ice as a teacher as described in §238.06.

(10) "Creditable service" shall mean prior service plus membership service for which credit is allowable under §238.06.

(11) "Beneficiary" shall mean any person in receipt of a retirement allowance, or other benefit as provided by this chapter.

(12) "Regular interest" shall mean interest at such rate as may be set from time to time by the division.

(13) "Accumulated contributions" shall mean the sum of all the amounts deducted from the salary of a member and credited to his in­dividual account in the annuity savings fund provided in §238.09 (1), together with regular interest on such accounts.

(14) "Earnable compensation" shall mean the full compensation payable to a teacher working the full working time for his position. In respect to plans A, B, C and D only, in cases where compensation includes maintenance the division shall fix the value of that part of the compensation not paid in money; pro-

vided that all members shall from July 1, 1955 make contributions to the retirement system on the basis of "earnable compensation" as de­fined herein and all persons who are members on July 1, 1955 may, upon application, have their "earnable compensation" for the time during which they have been members prior to that date determined on the basis of "earnable compensation" as defined in this law, upon paying to the retirement system on or before the date of retirement, a sum equal to the ad­ditional contribution with accumulated regular interest thereon they would have made if "earn­able compensation" had been defined at the time they became members, as it is now defined.

(15) "Average final compensation," with respect to plans A, B, C and D of §238.07, means the average annual earnable compensa­tion of a member for the ten years of his service as a teacher during which he received his highest salary; and with respect to plan E of §238.07, "average final compensation" means the average annual earnable compen­sation of a m~r for ten years during the last fifteen years prior to retirement during which he contributed and in which his annual earnable compensation was highest or the av­erage of his annual earnable compensation since July 1, 1945, if greater. For a teacher who is a member of the legislature, "average final compensation" shall mean the greater of the average annual earnable compensation for ten years during the last fifteen years prior to the beginning of his legislative service dur­ing which he contributed and in which his earnable compensation was highest or the aver­age annual earnable compensation for ten years during the last fifteen years prior to re­tirement during which he contributed and in which his annual earnable compensation was highest or the average of his annual earnable compensation since July 1, 1945, if greater.

(16) "Annuity" shall mean annual payments for life derived as provided in this chapter from the accumulated contributions of a mem­ber. All annuities shall be paid in equal month­ly installments.

(17) "Pension" shall mean annual payments for life derived as provided in this chapter, from money provided by the state and shall mean, when used in conjunction with plan E, the excess of the retirement allowance as pro­vided by plan E over the annuity as defined above. All pensions shall be paid in equal monthly installments.

(18) "Retirement allowance" shall mean an­nual payments for life and shall be the sum of the annuity plus the pension except that when used in conjunction with plan E of §238.07, retirement allowance shall mean the total re­tirement allowance payable under plan E.

(19) "Actuarial equivalent" shall mean a benefit of equal value when computed at regu­lar interest upon the basis of the mortality tables adopted by the division.

172

§238.01 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §238.07

(20) The masculine pronoun whenever used shall include the feminine.

Hlstory.-§1, ch. 19014, 1939; CGL 1940 Supp. 892(156); §1, ch. 20749, 1941; §1, ch. 22062, 1943; §l, ch. 22693, 1945; §1, ch. 23864, 1947; §1, ch. 25398, 1949; §1, ch. 29942, 1955; §1, ch. 61-362; §1, ch. 61-301; §1, ch. 63-554; §1, ch. 67-140; §§15, 19, 31, 35, ch. 69-106; §1, ch. 69-300; §1, ch. 70-198; §11, 2, ch. 70-441.

*Note.-In order to conform to §31, ch. 69-106, which trans­ferred all powers, duties, and functions relating to teachers' retirement to the division of personnel and retirement of the department of administration, the editors have substituted a definition of " division" in the place of the definition of "board of trustees." This change will be made In a subsequent reviser ' s bill.

238.07 Regular benefits; survivor benefits.­(!) Any member who attains seventy years

of age shall be retired forthwith; provided, however, that with the approval of his em­ployer he may remain in service until the end of the school year following the date on which he attains seventy years of age. If any mem­ber retires under the provisions of this sub­section, who before his death fails to select one of the optional benefits set forth in §238.08, his executors or administrators shall receive the excess of his accumulated contribu­tions at retirement over the total of all an­nuity payments made to the member.

(2) The provisions for the retirement of a member are as follows :

(a) To retire at the age of sixty upon the basis of a standard of service of thirty-five years (this provision shall be known and re­ferred to throughout this chapter as plan A) ; or

(b) To retire at the age of fifty-five upon the basis of a standard of service of thirty­five years (this provision shall be known and referred to throughout this chapter as plan B); or

(c) To retire at the age of fifty-five upon the basis of a standard of service of thirty years (this provision shall be known and re­ferred to throughout this chapter as plan C) ; or

(d) To retire after twenty-five years of service upon the basis of a standard of service of twenty-five years provided the member has reached age fifty; provided, further, however, that a member electing to retire under this pro­vision shall not be eligible to receive the bene­fits allowed by (8) and (11) (f) (this provision shall be known and referred to throughout this chapter as plan D); or

(e) To retire: 1. At normal retirement age which shall

be age sixty for those persons whose mem­bership date, or last renewal thereof, oc­curred prior to July 1, 1963, and age sixty­two for those persons whose membership date, or last renewal thereof, occurred on or after July 1, 1963; or

2. Prior to normal retirement age but at or subsequent to age fifty-five, provided that upon such date the member has completed ten years of creditable service, which shall be the early retirement age; or

3. Subsequent to normal retirement age,

which shall be the delayed retirement age; (this provision shall be known and referred to throughout this chapter as plan E). The manner and time of selecting a plan of retirement are set out elsewhere in this chap­ter.

(3) Any member who, prior to July 1, 1955. elected to retire under one of plans A, B, C, or D may elect, prior to retirement, to retire un­der plan E in accordance with the terms here­of. Any person who became a member on or af­ter July 1, 1955, shall retire under plan E, ex­cept as provided for under §238.31. With respect to plans A, B, C, or D, any member shall have the right at any time to change to a plan of retirement requiring a lower rate of contri­bution. The division of personnel and retire­ment shall also notify the member of the rate of contribution such member must make from and after selecting such plan of retire­ment; provided that any member in service may retire upon reaching the age of retire­ment formerly selected by him, upon his writ­ten application to the division setting forth at which time, not more than ninety days sub­sequent to the execution and filing of such application, it is his desire to retire notwith­standing that during such period of notifica-. tion he may have separated from service. Upon receipt of such application for retirement the division shall retire such member not more than ninety days thereafter; and provided further that before such member may retire he must file with the division his written selection of one of the optional benefits pro­vided in §238.08.

(4) Upon service retirement under plans A and B a member shall receive a retirement al­lowance which shall consist of:

(a) An annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement; and

(b) A pension, in addition to this annuity, of one one-hundred-fortieth of his average final compensation, multiplied by the number of his years of membership service since he last be­came a member; and

(c) If the member has a prior service cer­tificate in full force and effect, an additional pension of one-seventieth of his average final compensation, multiplied by the number of years of service certified on his prior service certificate.

(5) Upon service retirement under plan C a member shall receive a service retirement al­lowance which shall consist of:

(a) An annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement; and

(b) A pension, in addition to his annuity of one one-hundred-twentieth of his average final compensation, multiplied by the number of years of membership service since he last became a member; and

(c) If the member has a prior service cer­tificate in full force and effect, an additional

173

§238.07 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §238.07

pension of one-sixtieth of his average final compensation, multiplied by the number of years of service certified on his prior service certificate.

(6) Upon service retirement under plan D, a member shall receive a service retirement al­lowance which shall consist of:

(a) An annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement; and

(b) A pension, in addition to his annuity, of one one-hundredth of his average final com­pensation multiplied by the number of his years of membership service since he last became a member; and

(c) If the member has a prior service cer­tificate in full force and effect, an additional pension of one-fiftieth of his average final com­pensation multiplied by the number of years of service certified on his prior service certifi­cate.

(7) Upon service retirement under plan E, a member shall receive a service retirement al­lowance which shall be determined as follows:

(a) At normal retirement age: two per cent of his average final compensation multiplied by the number of years of creditable service.

(b) At early retirement age: Two per cent of his average final compensation multiplied by the number of years of creditable service and adjusted for actuarial equivalents based on completed months by which early retirement precedes normal retirement.

(c) At delayed retirement age: Two per cent of his average final compensation multi­plied by the number of years of creditable service.

(8) Any member who has heretofore, or who hereafter, retires after thirty years of cred­itable service shall receive a retirement allow­ance of not less than one hundred dollars per month, provided, however that with respect to plans A, B or C, any person with less than thirty but with ten or more years of service shall be entitled to a service retirement allow­ance which shall be computed on the basis of an average final compensation of twenty-four hundred dollars per year and shall receive a retirement allowance which shall be the equiv­alent of one-sixtieth of said average final com­pensation multiplied by the number of years of his creditable service; provided that in no event shall such a member receive a retire­ment allowance greater than one hundred dol­lars per month.

(9) Any member who has taught, or who teaches in the public free schools of Florida for not less than an aggregate of ten years and withdraws or has withdrawn from the system, may elect to leave his accumulated contribu­tions in the system or to repay his withdrawn accumulations to the system, and upon reach­ing retirement age, he shall receive a retire-

ment allowance based on the number of years of service which he taught in the public schools of Florida before retirement, provided, that a person who has lost his membership and later returns to service shall be allowed the privi­lege of having credit restored for previous service if he returns to full time teaching serv­ice and renders three additional years of con­tinuous service.

(10) Any member in service, who has ten or more years of creditable service, may upon the application of his employer or upon his own application, be retired by the division not less than thirty nor more than ninety days next following the date of filing such applica­tion, on a disability retirement allowance; pro­vided that the medical board after a medical examination of such member shall certify that such member is mentally or physically inca­pacitated for the further performance of duty, that such incapacity is likely to be permanent, and that such member should be retired.

(11 ) Upon retirement on account of dis­ability, a member shall be paid his service re­tirement allowance if he is eligible for a serv­ice retirement allowance; otherwise, he shall receive a retirement allowance which shall con­sist of:

(a) An annuity which shall be the actuarial equivalent of his accumulated contributions at the time of retirement; and

(b) If he is making contributions for re­tirement under plan A or B, he shall receive a pension which, together with his annuity shall provide a total retirement allowance equal to one-seventieth of his average final compensation multiplied by the number of years of service creditable to him at retire­ment, if such retirement allowance exceeds twenty-five per cent of his average final com­pensation; or if such retirement allowance does not exceed twenty-five per cent of his average final compensation, a pension shall be payable which, together with his annuity, shall provide a total retirement allowance of twenty-five per cent of his average final compensation; pro­vided, however that no retirement allowance· shall exceed one-seventieth of his average final compensation, multiplied by the number of years of total service which would be credited to the member were his service continued to the minimum age for service retirement.

(c) If he is making contributions for re­tirement under plan C, he shall receive a pen­sion which, together with his annuity, shall provide a total retirement allowance equal to one-sixtieth of his average final compensation multiplied by the number of years of service creditable to him at retirement, if such retire­ment allowance exceeds twenty-five per cent of his average final compensation; or if such retirement allowance does not exceed twenty­five per cent of his average final compensation.

174

§238.07 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §238.07

a pension shall be payable which, together with his annuity, shall provide a total retire­ment allowance of twenty-five per cent of his average final compensation; provided, how­ever that no retirement allowance shall exceed one-sixtieth of his average final compensation multiplied by the number of years of total service which would be credited to the member were his service continued to the minimum age for service retirement.

(d) If he is making contributions for re­tirement under plan D, he shall receive a pen­sion, which together with his annuity shall provide a total retirement allowance equal to one-fiftieth of his average final com pen sa tion multiplied by the number of years of service creditable to him at retirement, if such retire­ment allowance exceeds twenty-five per cent of his average final compensation; or if such re­tirement allowance does not exceed twenty­five per cent of his average final compensa­tion, a pension shall be payable which, together with his annuity, shall provide a total retire­ment allowance of twenty-five per cent of his average final compensation, provided, however that no retirement allowance shall exceed one­fiftieth of his average final compensation mul­tiplied by the number of years of total service which would be creditable to the member were his service continued to the minimum age of service retirement ; provided, however that when a member has taught the standarj num­ber of years required for retirement under any of the several retirement plans provided by this section and elected by such member, and such member shall retire on account of dis­ability prior to attainment of the minimum re­quired age under the plan elected, then such member so retired shall receive the same bene­fits as if he had retired on service retirement under the plan elected.

(e) If he is making contributions for retire­ment under plan E, he shall receive a retire­ment allowance which shall consist of one hun­dred per cent of the retirement allowance to which he would be entitled if his date of dis­ability retirement were his otherwise normal retirement date; provided, however that the re­tirement allowance payable upon disability re­tirement shall not be less than the twenty-five per cent of average final compensation nor, if disability retirement occurs prior to the date on which the member is first eligible for serv­ice retirement, shall it be greater than the service retirement allowance to which the mem­ber would be entitled if he continued in active service to such date at the same rate of com­pensation effective on the date of disability re­tirement.

(f) With respect to plans A, B or C, the average final compensation under this subsec­tion shall be computed on the actual average final compensation, or upon the basis of an av­erage final compensation of twenty-four hun­dred dollars per year, whichever is the greater.

(g) Notwithstanding the mm1mum dis­ability retirement allowance set out in para­graphs (a) through (f) of this subsection any member who retired prior to July 1, 1957 on account of disability, shall, on and after July 1, 1957, receive as a minimum disability retire­ment allowance seventy-five dollars per month, or an annual sum equal to forty multiplied by the number of years of his creditable service whichever is the greater, and any person who retires on and after July 1, 1957, shall, froffi'the date of his retirement, receive as a minimum disability retirement allowa nce seventy-five dol­lars per month, or an annual sum equal to forty multiplied by the number of years of creditable service, whichever is the greater.

( 12) (a) Once each year during the first five years following the retirement of a mem­ber on a disability retirement allowance, and once in every three-year period thereafter, the division may require any disability benefici­ary who has not yet attained his minimum service retirement age to undergo a medi­cal examination by the medical board or a physician or physicians designated by the medi­cal board, such examination to be made at the place of residence of said beneficiary or other place mutually agreed upon. Should a disability beneficiary, who has not yet attained his minimum service retirement age, refuse to submit to any such medical examination, his retirement allowance shall be discontinued un­til his withdrawal of such refusal, and should such refusal continue for one year, all his rights in and to his pension shall be forfeited.

(b) Should the medical board report and certify to the division that such disability beneficiary is engaged in or is able to en­gage in a gainful occupation paying more than the difference between his disability re­tirement allowance and his average final com­pensation, and should the division concur in such report, then the amount of his pension shall be reduced to an amount which, to­gether with his annuity and the amount earn­able by him, shall equal the amount of his av­erage final compensation. Should his earning capacity later be changed, the amount of his pension may be further modified; provided that the pension so modified shall not exceed the amount of the pension allowable under (11) of this section, at the time of retirement, nor an amount which, when added to the amount earnable by the beneficiary, together with his annuity, equals the amount of his av­erage final compensation. A beneficiary re­stored to active service at a salary less than the average final compensation upon the basis of which he was retired shall not become a member of the retirement system at that time.

(c) Should a disability beneficiary under his minimum service retirement age be at any time in service at a salary equal to or greater than his average final compensation upon the basis of which he was retired, his disability

175

§238.07 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §238.07

retirement allowance shall cease and he shall again become a member of the retirement sys­tem and shall contribute thereafter at the same rate at which he paid prior to disability. Any prior service certificate, on the basis of which his allowance was computed at the time of his disability retirement, shall be restored to full force and effect; and, in addition, upon his subsequent retirement he shall be credited with all his membership service on the basis of which his allowance was computed at the time of his disability retirement.

(13) Should a member cease to be a teacher except by death or by retirement under the provisions of this chapter, he shall be paid the amount of his accumulated contributions. Should a member die before retirement, the amount of his accumulated contributions shall be paid to such person, if any, as he shall have nominated by written designation duly exe­cuted and filed with the division; otherwise, to his executors or administrators.

(14) Any member who retires on or after July 1, 1954, who at the time of his retirement has not served as a teacher in Florida for ten years shall not be eligible to receive and shall not be paid any service retirement al­lowance.

(15) Any member of the teachers' retire­ment system who has heretofore, or who here­after, retires and who has passed his sixty­fifth birthday and whose retirement allowance is less than one hundred fifty dollars shall have his retirement allowance redetermined and shall be entitled to a service retirement allow­ance which shall be computed on the basis of an average final compensation of twenty-four hundred dollars per year and shall receive a retirement allowance which shall be the equiv­alent of one-sixtieth of said average final com­pensation multiplied by the number of years of his creditable service; provided, that in no event shall such redetermination entitle the member to receive a retirement allowance greater than one hundred fifty dollars.

(15A) (a) Any member of the teachers' re­tirement · system who has heretofore, or who hereafter, retires with no less than ten years of creditable service and who has passed his sixty­fifth birthday, may, upon application to the division, have his retirement allowance rede­termined and thereupon shall be entitled to a monthly service retirement allowance which shall be equal to four dollars multiplied by the number of years of his creditable serv­ice which shall be payable monthly during his retirement; provided, that the amount of re­tirement allowance as determined hereunder, shall be reduced by an amount equal to

1. Any social security benefits received by the member, and

2. Any social security benefits that the member is eligible to receive by reason of his own right or through his spouse.

(b) No payment shall be made to a member

of the teachers' retirement system under this act, until the division has determined the social security status of such member.

(c) Eligibility of a member of the teachers' retirement system shall be determined under the social security laws and regulations, pro­vided however, that a member shall be con­sidered eligible if he or his spouse has reached sixty-five years of age and would draw social security if he or his spouse were not engaged in activity that results in his or his spouse re­ceiving income that would make him or her in­eligible to receive social security benefits. A member of the teachers' retirement system shall be deemed to be eligible for social security benefits if he has this eligibility in his own right or through his spouse.

(d) The division shall review, at least annu­ally, the social security status of all members of the teachers' retirement system receiving payment under this act and shall increase or decrease payments to such members as shall be necessary to carry out the intent of this act.

(e) No member of the teachers' retirement system shall have his retirement allowance reduced or any of his rights impaired by rea­son of this act.

(f) This subsection shall take effect on January 1, 1962.

(16) (a) Definitions under survivor bene­fits are:

1. A dependent is a child, widow, widower or parent of the deceased member who was receiving not less than one half of his support from the deceased member at the time of the death of such member.

*2. A child is a natural or legally adopted child of a member, who:

a. Is under eighteen years of age, or b. Is over eighteen years of age but not

over twenty-two years of age and is enrolled as a student in an accredited educational in­stitution, or

c. Is eighteen years of age or older and is physically or mentally incapable of self­support, when such mental and physical in­capacity occurred prior to such child obtaining the age of eighteen years. Such person shall cease to be regarded as a child upon the termi­nation of such physical or mental disability. The determination as to such physical or men­tal incapability shall be vested in the division.

No person shall be considered a child who has married, has been legally adopted by someone other than the widow or widower of a deceased member, or, except as provided in subpara­graph 2. b. or as to a child who is physically or mentally incapable of self-support as here­inbefore set forth, has become eighteen years of age.

3. A parent is a natural parent of a mem­ber and includes a lawful spouse of a natural parent.

4. A beneficiary is a person who is entitled

176

§238.07 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §238.08

to benefits under this subsection by reason of his relation to a deceased member during the lifetime of such member.

(b) In addition to all other benefits to which a member in service on or after July 1, 1957, shall, subject to the conditions set out below, be entitled, the beneficiary of such member shall, upon the death of such member, receive the following benefits: Minimum period of paid service of mem­ber In Florida as r e g u I a r full-time Beneficiaries of de-teacher ceased member Benefits

1. One calendar day Widow or widower $190.00 per month who has care of de- for one child . $250.00 p e n d e n t child or per month If more children of deceas- t h an one child, ed member. maximum benefits

$250.00 per month.

2 . One calendar day One or more depen- $165.00 per month dent c h I I d r e n If per child; maximum there is no surviving benefits $250 .00 per widow or widower. month .

3. One calendar day Dependent parents For each parent, 65 years or older. $100.00 per month

for life.

4. One calendar day Designated benefic!· $500.00 I u m p sum ary and if no deslg· death benefits pay­nate d beneficiary, able only once. then the executor, or, administrator of deceased member.

5. One calendar day Dependent widow or $100.00 per month widower 50 years of for life.

6. Ten years

age and less than 65 years of age.

Widow or widower $125.00 per month 65 years of age or for life. older.

(c) The payment of survivor benefits shall begin as of the month immediately following the death of the member except where the beneficiary has not reached the age required to receive benefits under paragraph (b) hereof, in which event the payment of survivor bene­fits shall begin as of the month immediately following the month in which the beneficiary reaches the required age. Provided that if death occurs during the first three years of employment, the payment of survivor benefits shall be reduced by the amount of monthly benefits the member's survivors are entitled to receive under federal social security as either a survivor of the member or as a covered worker under federal social security.

(d) Limitations on rights of beneficiary are:

1. The person named as beneficiary in para­graph (b) shall, in no event, be entitled to receive the benefits set out in such paragraph unless the death of the member under whom such beneficiary claims occurs within the pe­riod of time after the member has served in Florida as follows:

Minimum number of years of service In Florida

Three to five Six to nine

Ten or more

Period after serving In Florida In which death of member

occurs Two years Five years Ten years

2. Upon the death of a member, the division shall make a determination of the beneficiary

or beneficiaries of the deceased member and shall pay survivor benefits to such beneficiary or beneficiaries beginning one month immedi­ately following the death of the member except where the beneficiary has not reached the age required to receive benefits under paragraph (b) hereof, in which event the payment of sur­vivor benefits shall begin as of the month im­mediately following the month in which the beneficiary reaches the required age. When re- • quired by the division, the beneficiary or ben­eficiaries shall file an application for sur­vivor benefits upon forms prescribed by the division.

3. The beneficiaries of a member to receive survivor benefits are fixed by this subsection, and a member may not buy or otherwise change such benefits. He may, however, designate the beneficiary to receive the five hundred dollars death benefits. If a member fails to make this designation, the five hundred dollars death benefits shall be paid to his executor or ad­ministrator.

4. The beneficiary or beneficiaries of a mem­ber whose death occurs while he is in service or while he is receiving a disability allowance under §238.07 (11), shall receive survivor benefits under this subsection determined by the years of service in Florida of the deceased member as set out in paragraph (b) of this subsection. The requirement that the death of a member must occur within a certain period of time after service in Florida as set out in subparagraph 1. of paragraph (d) shall not ap­ply to a member receiving a disability benefit at the time of his death.

(17) Any person who hereafter elects to re­ceive retirement benefits under §112.05, shall not be entitled to the retirement benefits of this chapter except for the refund of his accumu­lated contributions as provided in subsection (13) of this section; likewise any person who elects to receive retirement benefits under this chapter shall thereby become ineligible to receive retirement benefits under §112.05.

Bistory.-§7, ch. 19014, 1939; CGL 1940 Supp. 892(162); §4, ch. 22693, 1945 ; §4, ch. 23864, 1947; §11, ch. 25035, 1949; §4, ch. 25398, 1949; (3) §1, ch. 28110, (13) n. §3, ch. 28196, 1953; §6, ch. 29942, 1955; (3), (7) §2, (11) (g) n. §4, (16) n. §5, ch. 57-357; (3) §2, ch. 61-458; (7) §2, ch. 61-301; (9) §3, ch. 61-458; (15A) n . §§1-6, ch. 61-333; (16) (a) 2. §4, (16) (b) §5, ch. 61-458; §§4, 5, 7, 12, ch . 63-554; §§1, 2, ch. 65-552; §1, ch. 67-557; §§31, 35, ch . 69·106; §1, ch. 69-189; U, ch. 70-125.

*Note.-As amended by ch . 70-125, subparagraph (16) (a)2. is effective October 1, 1970.

238.08 Optional benefi.ts.-A member may elect to receive his benefits under the terms of this chapter according to the provisions of any one of the following options:

(1) Option one. He may elect to receive his benefits in a retirement allowance payable throughout his life, or

(2) Option two. He may elect to receive on retirement the actuarial equivalent (at that time) of his retirement allowance in a reduced retirement allowance payable throughout life, with the provisions that if he dies before he has received in payment of his annuity the amount of his accumulated contributions, as

177

§238.08 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §239.58

they were at the time of his retirement, the balance shall be paid to such person, if any, as he shall nominate by written designation duly acknowledged and filed with the division; otherwise to his executors or administrators.

(3) Option three. He may elect at any ti~e prior to receipt of his or her first monthly In­

stallment of retirement compensation, to re­ceive a reduced retirement compensation with

, the provision that the surviving spouse shall continue to draw such reduced retirement com­pensation so long as he or she shall live. The amount of such reduced retirement compensa­tion shall be the actuarial equivalent of the amount of such retirement otherwise payable.

(4) Option four. He may elect at any time prior to receipt of his or her first monthly in­stallment of retirement compensation, to re­ceive a reduced retirement compensation with the provision that the surviving spouse shall continue to draw one half of such reduced re­tirement compensation so long as he or she shall live. The amount of such reduced retire­ment compensation sha ll be the actuarial equiv­alent of the amount of such retirement other­wise payable.

(5) If a member continues in service be­yond the date he is first eligible for service retirement and does not, prior to his death, elect options three of four, his spouse may, at the option of the spouse, receive either the accumulated contributions of the member at date of death or the reduced retirement com­pensation to which the beneficiary would have been entitled under option three, calculated on the assumption that the member retired on his date of death and died immediately subse­quent thereto provided that the spouse of any member who died between July 1, 1955 and June 30, 1957, both dates inclusive, is entitled to full benefits under this subsection and further provided that for all persons who be­come members of the system on or after July 1, 1963 the amount of such retirement allowance othe~wise payable to the member at his date of death shall be determined on the basis of his ·normal retirement age as defined in §238.07.

(6) Notwithstanding any provis~on in this chapter to the contrary, the followmg pro­visions shall apply to any member of the re­tirement system who has accumulated at least ten years of service and dies prior to retire­ment:

(a) If the deceased member's surviving spouse has previously received a refund of the member's accumulated contributions made to the retirement system, such spouse may pay to the division of personnel and retirement an amount equal to the sum of the amount of the deceased member's contributions previously re­funded and regular interest compounded an­nually on the amount of such refunded con­tributions from the date of refund to the date of payment to the division, and by so doing be entitled to receive the monthly retirement benefit provided in paragraph (c).

(b) If the deceased member's surv1vmg spouse has not received a refund of the de­ceased member's accumulated contributions, such spouse shall, upon application to the di­vision within thirty days of the death of the member, receive the monthly retirement bene­fit provided in paragraph (c).

(c) The monthly benefit payable to the spouse described in paragraph (a) or (b) shall be the amount which would have been payable to the deceased member's spouse, assuming that the member retired on the date of his death and had selected the option in subsec­tion (3 ) , such benefit to be based on the ages of the spouse and member as of the date of death of the member. The benefit shall com­mence on the first day of the month following the payment of the aforesaid amount to the division, if paragraph (a ) is applicable, or on the first day of the month following the receipt of the spouse's application by the di­vision, if paragraph (b) is applicable.

History.-§8, ch . 19014, 1939 ; CGL 1940 Supp. 892(163) ; §7, ch. 22858, 1945; (3),(4) n . §4, ch. 28196, 1953; §7, ch. 29942, 1955; §3, ch. 57-357; §8, ch . 63-554 ; §3, ch. 65-552; §§ 31, 35, ch. 69-106; §1, ch. 69-110 ; U. ch. 70-182 .

CHAPTER 239

UNIVERSITIES; SCHOLARSHIPS, ETC.

239.58 239.582

239.69

Campus security officers. Expulsion of students adjudged guilty

of unlawful possession or sale of narcotic drugs .

Student financial aid planning and de­velopment. (New)

239.58 Campus security offi.cers.-(1) The board of regents is hereby author­

ized and empowered to provide for the ap­pointment, employment, and removal of se­curity officers for the several institutions and agencies in the university system. Campus se­curity officers shall meet the minimum stan­dards established by the Florida police stan­dards council of the department of community affairs for employment and training of police officers, and such officers are vested with all the powers, privileges, and immunities of peace officers while on the property, roads, or streets within the property under the control and juris­diction of the board of regents.

(2) Any officer shall, before entering into the performance of his duties, take and file the oath required of peace officers, and shall enter into a good and sufficient bond payable to the governor and his successors in the penal sum of five thousand dollars with a surety company authorized to do business in this state as sure­ty thereon, conditioned on the faithful per­formance of his duties.

History.-§6, ch. 29723, 1955 ; §1, ch. 63-22 ; §18, ch. 65-130; §§ 15, 35, ch. 69-106; §1, ch. 70-414; §1, ch. 70-439.

178

§239.582 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §239.69

*239.582 Expulsion of students adjudged guilty of unlawful possession or sale of nar­cotic drugs.-

(1) Any person enrolled as a student in any state supported university or junior col­lege who is formally charged by a proper prosecuting attorney for the unlawful posses­sion or sale of any narcotic drug, central nervous system stimulant, hallucinogenic drug or barbiturate, as identified or defined in either chapter 398 or chapter 404, shall, following an administrative hearing provided by the president of the institution pursuant to rules promulgated by the state board of education or board of regents, if such suspension is rec­ommended, be suspended from all classes of instruction until the determination of his guilt by a court of competent jurisdiction. If ad­judicated guilty, the student shall be auto­matically expelled.

(2) No student expelled pursuant to this section may be readmitted to any state sup­ported university or junior college for a period of one year.

(3) Any student subject to discipline or expulsion from a state university or junior college for unlawful possession or use of any narcotic drug, central nervous system stimu­lant, hallucinogenic drug, or barbiturate, as identified or defined in either chapter 398 or 404, may be entitled to a waiver of the disci­pline or expulsion if he divulges information leading to the arrest and conviction of the person who supplied such drug, stimulant, or barbiturate to him, or if he voluntarily dis­closes his unlawful possession of such drug, stimulant, or barbiturate prior to his arrest.

( 4) Upon suspension from classes as au­thorized in subsection (1), the administration shall notify the parents or parent, or other person or persons in loco parentis, of the sus­pension and the reason therefor.

History.-§§ 1-3, ch . 69-366; §§ 2, 3, ch. 70-362 . *Note.-As amended by ch. 70-362, e!Iectlve October 1, 1970.

239.69 Student financial aid planning and development.-

(1) There is created a student financial aid planning and development program which shall be administered by the department of educa­tion. It is the intent of the legislature that a specific sum of funds shall be allocated each year for the purpose of sponsoring the design, development, and implementation of a compre­hensive program of student financial aid and of initiating activities of in-service training for student financial aid administrators and activities to encourage maximum lender par­ticipation in guaranteed loans. The Florida student scholarship and loan council shall serve as the advisory body to the department of education in the development of a compre­hensive program of student financial aid.

(2) The objective of a state program shall be the maintenance of a state student finan­cial aid program to supplement a basic nation­al program which will provide equal access to post high school education to Florida citizens

who have the ability and motivation to benefit from a post high school education. In the de­velopment of a state program to achieve this objective, it shall be the policy that:

(a) Student financial aid be provided on the basis of financial need;

(b) Admission to an institution be the cri­terion for eligibility for financial aid;

(c ) Student financial a id be available to Florida residents for attendance at accredited institutions of higher education in Florida, public or private;

(d) Student financial aid be provided for all levels of post high school education; and

(e ) State student financial aid be adminis­tered by a central state agency.

Planning and development shall be in accord­ance with the above objective and policies.

(3) The planning and development proce­dures shall provide for :

(a) The review of public policy; (b ) The development of performance ob­

jectives ; (c) The development of alternate ap­

proaches; (d ) The evaluation of performance; and (e ) The participation and involvement in

the planning process of representatives of the groups affected by a state program of student finan cial aid.

( 4) The department of education, with the advice of the Florida student scholarship and loan council, shall develop and present by December 1, 1970 to the legislature a plan for a comprehensive program of student financial aid in accordance with procedures and policies provided herein.

(5) The 1970-1971 fiscal year shall be used for planning and developing a state program of student financial aid, init iating activities of in-service training for financial aid admini­strators, and initiating activities to encourage maximum lender participation in guaranteed loans. The department of education is author­ized to use up to thirty thousand dollars from the student financial aid trust fund during the 1970-1971 fiscal year for carrying out the pur­pose of this section.

Hlstory.-§8, ch. 70-399.

CHAPTER 240

BOARD OF REGENTS

240.046 Free courses authorized for certain uni­versity employees. (New)

240.052 Admission of students; fees. 240.096 Investment of university agency and ac­

tivity funds; earnings used for schol­arships. (New)

240.221 Payment of costs of civil action against officers or employees of university system. (New)

179

§240.046 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §241.281

240.046 Free courses authorized for certain university employees.-

( ! ) The Florida board of regents is au­thorized to permit permanent full-time em­ployees who have been employed for at least six months in the state university system and meet academic requirements to enroll for up to six credit hours of on-campus instruction per term without payment of the registration fee . Such student credit hours generated shall not be used in calculating the student credit hours produced per full-time equivalent teacher. This employee fringe benefit shall be granted only on a space available basis.

(2) The board of regents and the institu­tions and agencies under its jurisdiction and control are express ly exempted from the pro­visions of any laws or portion of laws in con­flict herewith.

History.-§§ 1, 2, ch . 70-434.

240.052 Admission of students; fees.-(1) The board of regents is invested with

full power and authority to make all rules and regulations governing admissions of students into the state university system. Such rules and regulations shall include, but not be limited to, educational requisites, amount of registration fees, tuition fees, activity fees, board, etc., as the said board may from time to time deem necessary.

(2) In adopting regulations concerning ad­missions and fees, the board of regents shall take into account the following :

(a) The state university system shall be open to citizens of this state at the lowest rate consistent with the welfare and efficiency of the institutions within the system. A student born in Florida and who resides in this state shall be entitled to admission to the state university system in the same manner as a citizen and resident of this state, notwithstanding the fact that either the father or mother of such stu­dent, or both, may be an a lien.

(b) Students from other states may be ad­mitted to the system upon such terms as to tuition, board, etc., as the board may from time to time establish.

(c) Past actions of any person applying for admission as a student to any state uni­versity, either as a new applicant, an appli­cant for continuation of his studies, or a trans­fer student, when such actions have been found to disrupt or interfere with the orderly con­duct, processes, functions, or programs of any other university, college, or junior college.

(3) In all applications for admission by students as citizens of the state, the applicant, if twenty-one years of age, or if a minor, his parents or guardian, shall make and file, with such application, a written statement un­der oath that such applicant is a bona fide citizen and resident of the state and entitled, as such, to admission upon the terms and conditions prescribed for citizens and residents of the state.

Blstory.-§24, ch. 5384, 1905 ; ROS 612 ; COL 768 ; §1, ch. 20913, 1941 ; §97, ch. 29764, 1955 ; §2, ch. 63-204 ; §1, ch. 65-123 ; §1, ch. 69-300; §§1, 2, ch. 70-51.

Note.-Former1y 1239.02.

240.096 Investment of university agency and activity funds; earnings used for scholar­ships.-The institutions and agencies included in the state university system are authorized to invest available agency and activity funds as provided in §§215.44 and 215.49 and to use the earnings from such investments for stu­dent scholarships and loans. The board of re­gents shall provide procedures for the admin­istration of these scholarships and loans by rules and regulations.

History.-§1, ch. 70-418 .

240.221 Payment of costs of civil action against officers or employees of university sys­tem.-

(1) Whenever any civil action has been brought against any officer or employee, in­cluding board members, in the state university system for any act or omission arising out of and in the course of the performance of his duties and responsibilities, the board of re­gents may defray all costs of defending such action, including reasonable attorney's fees and expenses together with costs of appeal, and may save harmless and protect such per­son from any financial loss resulting from the lawful performance of his duties and responsi­bilities. Claims based on such actions or omis­sions may, in the discretion of the board of regents, be settled prior to or after the filing of suit thereon. The board of regents may ar­range for and pay the premium for appropri­ate insurance to cover all such losses and ex­penses.

(2) There is appropriated out of any funds available in the university system, not subject to the obligation of contract, covenant or trust, the amounts necessary to carry out the pur­poses of this section.

(3) Failure of the board of regents to do any act authorized by this section shall not con­stitute a cause of action against the board of regents, its members, officers, or employees.

History.-§§1-3, ch. 70-220.

CHAPTER 241

INSTITUTIONS OF HIGHER LEARNING

241.281 Marine shore facility; establishment under supervision of Florida Atlantic University Foundation, Inc. (New)

241.461 University of Florida health center; child psychiatric inpatient unit.

241.477 Afro-American history and culture. (New)

241.68 State theater; administration; admis­sion fees.

241.281 Marine shore facility; establishment under supervision of Florida Atlantic Univer­sity Foundation, Inc.-Notwithstanding the lim­itations on the use of certain lands subject to the lease between the Florida inland naviga-

180

§241.281 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §241.477

tion district and the board of trustees of the internal improvement trust fund pursuant to the provisions of §6 of chapter 65-900 Laws of Florida, five acres of the "spoil isl~nd" more particularly identified as: All those parts of government Lot 2 and govern­ment Lot 9 of Section 5, Township 48 South Range 43 East, lying East of Hillsboro Canai and lying West of the Westerly boundary of the right-of-way of the Intracoastal Waterway from Jacksonville, Florida, to Miami, Florida, form­erly k_nown as East Coast Canal, as said boun­dary 1s shown on plat recorded in plat ' book 17 at page 2A and page 2B of the public records of Broward County, Florida. Also, that part of government Lot 3 lying East of the said Hills­boro Can~!, and that part of the SE 14, of the NW14,, lymg East of said Hillsboro Canal and West of the said boundary line of the Intra­coastal Waterway, in Section 5, Township 48 South, .Ran.ge 43 East. Said land situate lying and bemg m Broward County, Florida, located at the Intracoastal Waterway and the North limits of Broward County at Deerfield Beach; shall be made available by the board of trustees of the internal improvement trust fund for the establishment of a marine shore facility thrc;>Ugh the Florida Atlantic University Foun­datiOn, Inc., for the benefit of marine and other educat.ion ~rograms, including ecology, con­servation, bwlogy, and ocean engineering.

Hlstory.-§1, ch. 70-449.

241.461 University of Florida health center· child psychiatric inpatient unit.- '

(1) The board of regents is hereby author­ized and directed to operate as a part of the J. Hillis Miller health center of the university of Florida the child psychiatric inpatient unit, formerly under the supervision and control of the board of commissioners of state institu­tions. Said child psychiatric inpatient unit shall develop and carry out a research and training pilot program in the field of child psy­chiatry. . (~) For the purpose of planning and estab­

hshmg the child psychiatric inpatient unit and supervising its activities, there is hereby cre­ated an advisory board consisting of the dean university of Florida school of medicine· th~ director of the division of mental health of the department of health and rehabilitative serv­ices;, the head,, department of psychiatry, uni­versity of Flonda school of medicine· one per­son. appointed by the governor upon r~commen­datwn of the dean of the university of Florida sc~ool of me~icine w~o is currently engaged in pnv~te practice of chtld psychiatry in the state; one t.nterested person from the public at large appomted by the governor; and one interested person from the public at large appointed by the governor upon recommendation of the di­rector of the division of mental health of the department of health and rehabilitative serv­ices. The physical design of the unit and the program to be conducted therein shall be de­veloped from the r~commendation of this ad-

visory board, subject always to the approval and overall supervision and control of the board of regents.

(3 ) The child psychiatric inpatient unit may apply for and accept any funds, grants, gifts, or services made available to it by an agency or department of the federal govern­ment or any other agency or private individual in aid of any present or future child psychia­tric treatment or research program under­taken, maintained, or proposed. All moneys re­ceived under the provision of this subsection shall be deposited in the state treasury and shall be disbursed in the manner as prescribed by law. Section 241.471 (2) shall not apply to the operation of the child psychiatric inpatient unit; however, this provision does not prohibit the unit officials from obtaining from the wel­fare board a financial status report on any patient and requiring those patients financially able to do so to pay all or part of the cost of their care and maintenance.

History.-§§1, 2, ch. 67-76; §§19, 35, ch. 69-106; §1, ch. 70-412.

241.477 Afro-American history and cul­ture.-

(1) This section shall be cited as the "Florida Afro-American History Repository Act."

(2) For the purposes of this section: (a ) "Repository" means a place or deposi­

tory on the Florida Agricultural and Mechani­cal University campus;

(b) "Source materials" means any written or printed matter, memorabilia, and artifacts; and

(c) "Afro-American" means any American person of African descent and who is identified with the black race.

(3 ) The general purpose of this section is to provide for the obtaining, preserving, and holding for circulation in a repository at the Florida Agricultural and Mechanical Univer­sity source materials on Afro-American history and culture which shall be used for research and other educational and cultural purposes and which shall encourage the development of inspiration and positive self-concepts on the part of black Americans and provide a basis for whites to gain greater respect for the black race.

(4) The president of the university shall appoint a curator of the repository who shall be a recognized authority on Afro-American history and culture. The curator shall be em­powered to seek out and secure source materials on or about Afro-Americans, to catalog and preserve such materials in keeping with the best available methods of preservation, and to disseminate or make available to the public said materials in keeping with the designated functions of the repository.

(5) The repository shall serve the state by collecting and preserving source materials on the contributions, achievements, and general experiences of Afro-Americans, and shall en­deavor to reproduce and secure copies of all

181

§241.477 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §242.62

materials on or about black Floridians from the earliest beginnings to the present. It shall pro­vide bibliographic and copy services, whenever practical, to state agencies, the university system, state officials, researchers, and scholars of Afro-American history and culture, and en­courage the use of Afro-American instructional materials in state educational services to all groups without regard to racial, religious, or ethnic membership.

(6) For the purposes of this section the Florida Agricultural and Mechanical Univer­sity has the authority to accept and receive funds, grants, and service from the federal government or its agencies; from departments, agencies, and instrumentalities of the state, municipal or local governments; or from pri­vate or civic sources.

History.-§§l-4. ch. 70-397.

241.68 State theater; administration; admis­sion fees.-

( I) There is created the State Theater of Florida to be administered as part of, and under the direct supervision of, the department of state by a board of trustees consisting of the head of the department of theater of the Florida State University, the dean of the col­lege of arts and sciences of the Florida State Univeristy, the director of the State Theater of Florida, one member of the board of trustees of the Ringling Museum of Art, which member shall be selected by the board of trustees to serve at its pleasure, and one member of the public at large, to be selected by the other board members.

(2) The services of the State Theater of Florida shall be made available to such politi­cal subdivisions of the state, civic organiza­tions, public schools, or other groups as the board may deem advisable and at such cost as it, in its discretion, may determine. However, if any admission fee shall be charged for any performance, the net proceeds received by the organization sponsoring a performance shall be divided equally between the sponsoring body or organization and the department of state. Any funds so received by the department of state shall be deposited for use of the state theater.

(3) The presently existing Asolo Theater Festival shall become the State Theater of Florida and shall have its major season each year at the Asolo Theater of the Ringling Museum, Sarasota, Florida.

(4 ) The Florida State University is au­thorized to conduct and s upport educational programs in conjunction with the State Theater of Florida, including but not limited to provid­ing teachers, instructors, and professors for the theater, the instruction of students, facili-ties for performances, technical assistance, and other forms of support for the enrichment of the program and the university.

(5) The department of education is au­

of Florida, including but not limited to pro­viding joint educational programs with the several universities and the theater and other forms of support deemed appropriate for the enrichment of the several theater programs within the state university system.

(6) It is the function of the State Theater of Florida to:

(a) Enrich the lives of the citizens of the state and persons visiting the state as tourists by offering the finest, professionally produced art of theater which provides a greater under­standing of God, our fellowman, and ourselves and the aesthetic, emotional and intellectual enjoyment which is afforded by the experience.

(b) Provide a criterion for the art of thea­ter and such programs as may be devised by the board to offer the young people of the state with the language symbols of the art form, thus enriching their understanding, appreciation and discrimination. In cooperation with the state board of education and individual school boards, the state theater will strive to enrich existing programs in English, dramatic litera­ture, humanities, and theater in the public and private schools and act as consultant in the formation of new programs by tours and visita­tions within the existing funds available to the state theater and at the discretion of the state theater board and with the approval of the state board of education and the individual school boards involved.

(c) Provide, through workshops, clinics, and seminars and any other means developed by the board of the state theater, a program to enrich and enlarge the artistic capacity of com­munity theater directors and participants, teachers, artists, and citizens, thus encourag­ing and assisting in the expansion of quantity and quality of both amateur and professional theaters throughout the state.

Hislory.-§§l-3, ch. 65-164; §§ 2-5, ch. 70-329; §1, ch. 70-439.

CHAPTER 242

SPECIALIZED STATE EDUCATIONAL INSTITUTIONS

242.62 Appropriation to first accredited medi­cal school. (See note)

242.62 Appropriation to first medical school.-

Note.-Payment per year per student Increased to six thou­sand five hundred dollars for the year 1970-1971 by Item 205, §1 , ch. 70-95.

CHAPTER 253

INTERNAL IMPROVEMENT TRUST thorized to conduct and support educational programs in conjunction with the State Theater 253.02 Board of trustees; powers and duties.

182

§253.02 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §253.12

253.05

253.12 253.122 253.123

253.124 253.1281 253.151

253.62

Prosecuting officers to assist in pro-tecting state lands.

Title to tidal lands vested in state. Power to fix bulkheads. Restrictions on filling land and dredg-

ing. Application for filling land. Review by board. (New) Navigable meandered fresh water

lakes. (New) Board of trustees authorized to con­

vey certain lands without reserva­tion.

253.02 Board of trustees; powers and du­ties.-

(1) For the purpose of assuring the proper application of the internal improvement trust fund for the purposes of this chapter, the land provided for in §§253.01 and 253.03, and all the funds arising from the sale thereof, after paying the necessary expense of selection, management and sale, are irrevocably vested in a board of seven trustees, to wit: The gover­nor, the secretary of state, the attorney gen­eral, the comptroller, the state treasurer, the commissioner of education, the commissioner of agriculture and their successors in office, to hold the same in trust for the uses and purposes provided in this chapter, with the power to sell and transfer said lands to the purchasers and receive payment for the same, and invest the surplus moneys arising there­from, from time to time, in stocks of the United States, stocks of the several states, or the internal improvement bonds issued under the provisions of law; also, the surplus interest accruing from such investments. Said board of trustees have all the rights, powers, property, claims, remedies, actions, suits and things what­soever belonging to them, or appertaining before and at the time of the enactment hereof, and they shall remain subject to and pay, fulfill, per­form and discharge all debts, duties and obli­gations of their trust, existing at the time of the enactment hereof or provided in this chap­ter.

(2) The board of trustees shall not sell, transfer or otherwise dispose of any lands the title to which is vested in the board of trustees except by vote of at least five of the seven trustees.

(3) In the event submerged tidal land is to be sold and transferred by said board of trustees, the board of trustees shall first require the department of natural resources to inspect said lands and to file a written report with the board of trustees which report shall state whether or not the development of said lands would be detrimental to established conserva­tion practices.

(4) The board of trustees is authorized to acquire by condemnation such submerged lands, except Murphy Act Lands and Holland Act Lands, as shall be in the public interest and for a public purpose.

(5) The board of trustees shall be a neces-

sary party to any action or petition which seeks to acquire submerged lands or lands lying beneath any navigable waters in the state through eminent domain proceedings.

Hlstory.-§2 ch. 610, 1854; RS 429; GS 617; RGS 1055; CGL 1385; §2, ch. 61-119; §1, ch. 67-5; §1, ch. 67-269; §1, ch. 67- 2236; H25, 27, 35, ch. 69-106; §1, ch. 69-300 ; §1, ch. 70- 358.

253.05 Prosecuting officers to assist in pro­tecting state lands.-State attorneys, other prosecuting officers of the state or county, wildlife officers of the Florida game and fresh water fish commission, conservation officers, together with the executive director of the de­partment of natural resources, and county sheriffs and their deputies shall see that the lands owned by the state, as described in §§ 253.01 and 253.03, shall not be the object of damage, trespass, depredation; or unlawful use by any person. The said officers and their deputies shall, upon information that unlawful use is being made of state lands, report the same, together with the information in their possession relating thereto, to the board of trustees of the internal improvement trust fund and shall cooperate with the said board in carrying out the purposes of §§253.01-253.04 and this section. State attorneys and other prosecuting officers of the state or any county, upon request of the governor or board of trust­ees of the internal improvement trust fund, shall institute and maintain such legal pro­ceedings as may be necessary to carry out the purpose of said sections.

Hlstory.-S3, ch . 15642, 1931; CGL 1936 Supp. 1446{15); §2, c.h. 61-119; §§27, 35, ch. 69-106; §1, ch. 70-117. cf.-Ch. 27 State attorneys, duties.

Ch. 30 Sheriffs, duties. §34.12 Prosecuting officers, duties.

253.12 Title to tidal lands vested in state.­(1) Except submerged lands heretofore con­

veyed by deed or statute, the title to all sover­eignty tidal and submerged bottom lands, in­cluding all islands, sandbars, shallow banks, and small islands made by the process of dredg­ing any channel by the United States govern­ment and similar or other islands, sandbars, and shallow banks located in the navigable waters, and including all coastal and intra­coastal waters of the state and all submerged lands owned by the state by right of its sover­eignty in navigable fresh water lakes, rivers and streams, is vested in the board of trustees of the internal improvement trust fund. For purposes of fixing bulkhead lines, restrictions on filling land and dredging beyond bulkhead lines, and permits required for filling and dredging, the board shall exercise the same authority over submerged lands owned by the state by right of its sovereignty in navigable fresh water lakes, rivers, and streams as it does over submerged lands otherwise defined in this subsection. Submerged lands owned by the state by right of its sovereignty in navi­gable meandered fresh water lakes shall be administered in accordance with the provisions of §253.151, and the provisions of §253.151 shall be controlling when in conflict with other statutory provisions.

183

§253.12 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §253.12

(2) The board may sell and convey such is­lands and submerged lands if not determined by the board to be contrary to the public interest, upon such prices, terms and condi­tions as it sees fit; provided, however, that prior to consummating any such sale, it shall determine to what extent the sale of such islands or submerged lands and their owner­ship by private persons or the conveyance of such islands or submerged lands to political subdivisions or public agencies would interfere with the conservation of fish, marine and wild­life or other natural resources, including beaches and shores, and would result in de­struction of oyster beds, clam beds or marine productivity, including, but not limited to, de­struction of marine habitats, grass flats suit­able as nursery or feeding grounds for marine life, and established marine soils suitable for producing plant growth of a type useful as nursery or feeding grounds for marine life, and if so, in what respect and to what extent, and they shall consider any other factors af­fecting the public interests.

(3) After receiving application in compli­ance with such form as they may require to show clearly what is intended to be accom­plished in any proposed development of said lands and the manner in which said develop­ment will be accomplished and after making the determination required by subsection (2) the board shall give notice by publication in a newspaper published in the county in which such islands or submerged lands are located not less than once a week for three consecutive weeks and mail copies of such notice by certi­fied or registered mail to each riparian owner of upland lying within one thousand feet of the island or submerged land proposed to be conveyed, addressed to such owner as his name and address appears upon the latest county tax assessment roll, in order that any persons who have objections to the sale may have the op­portunity to present the same. If no objections are filed within thirty days after the date of first publication of the aforesaid notice, the board has authority to consummate such sale except as hereinafter provided; provided, however, that failure to mail the notice herein provided to such riparian upland owners shall not invalidate such sale nor the title conveyed by the trustees pursuant thereto.

* ( 4) If objections are filed, the board or its designee shall hear and consider the same at a public hearing, and when determined by the board said hearing may be held at the county seat from whence the application to purchase has been received. The report required by sub­section (7) shall be read into the record and duly considered at any such public hearing. If it appears that the sale of such islands and submerged lands and their ownership by pri­vate persons or the conveyance of such islands or submerged lands to political subdivisions or public agencies would:

(a) Be contrary to the public interest; (b) Interfere with the lawful rights granted

riparian owners; (c) Be, or result in, a serious impediment

to navigation; (d) Interfere with the conservation of fish,

marine, and wildlife or other natural resources, including beaches and shores, to such an ex­tent as to be contrary to the public interest;

(e) Result in the destruction of oyster beds, clam beds, or marine productivity, including, but not limited to, destruction of natural ma­rine habitats, grass flats suitable as nursery or feeding grounds for marine life, and estab­lished marine soils suitable for producing plant growth of a type useful as nursery or feeding grounds for marine life to such an extent as to be contrary to the public interest, the board shall withdraw the said lands from sale. Prior to making the determinations above required, the board may consider any other factors affecting the public interest. Anything in this section to the contrary notwithstanding, lands defined herein lying between the ordi­nary mean high water line and any bulkhead line established hereunder shall be sold only to the upland riparian owner and to no other person, firm or corporation; and such sale to said upland riparian owner shall be made pur­suant to the provisions herein.

(5) (a) When any state agency or county, city, or other political subdivision extends or adds to existing lands or islands bordedng on or being in the navigable waters, as defined in this section, of the state by filling in or causing to be filled in or by draining or causing to be drained such waters, the board may, upon application therefor, convey to the riparian owner or owners of the upland so extended or added to so much of such extended or added land as is not required exclusively for a munici­pal, county, state, or other public purpose. The board may, however, require a deposit to ac­company such application of a sum sufficient to cover the actual cost and expenses of process­ing such application and preparing instruments of conveyance.

(b ) Neither this subsection nor any other provision of this chapter shall be construed to permit any state agency or county, city, or other political subdivision to construct islands or extend or add to existing lands or islands bordering on or being in the navigable waters as defined herein or drain such waters for a municipal, county, state or other public pur­pose unless such agency is the riparian upland owner or holds the consent in writing of the riparian upland owner consenting to such con­struction or extension or drainage operation. For the purposes of this subsection, riparian upland owners shall be defined as those persons owning upland property abutting those por­tions of the waters to be filled or drained, which are within one thousand feet outboard of said riparian upland, but not more than one half the distance to the opposite upland, if any, and within the extensions of the side boundary lines thereof, when said side boun­dary lines are extended in the direction of the

184

§253.12 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §253.122

channel along an alignment which would be required to distribute equitably the submerged land between the upland and the channel. How­ever, nothing herein shall be construed to deny or limit any state agency or county, city, or other political subdivision from exercising the right of eminent domain to the extent and for the purposes authorized by law in connection with such construction, extension, or drainage projects; and nothing herein shall be con­strued to have application in those instances when the board is authorized by law to estab­lish an erosion control line to implement· an authorized beach nourishment, replenishment, or erosion control project.

(6) Where any person, state agency, county, city or other political subdivision prior to June 11, 1957, extended or added to exist­ing lands or islands bordering on or being in the navigable waters as defined in this sec­tion by filling in or causing to be filled in such lands, the board shall upon application therefor convey said land so filled to the riparian owner or owners of the upland so extended or added to. The consideration for such conveyance shall be the appraised value of said lands as they existed prior to such filling.

(7) In order to assist them in making the determination required by subsection (2), the board shall require that a biological survey and an ecological study of the area proposed to be sold pursuant to any particular applica­tion be made, and where determined by the department of natural resources to be neces­sary, that a hydrographic survey be made. All such surveys and studies shall be made by or under the direction of the department of nat­ural resources, which shall make a report of all such surveys and studies to the board to­gether with its recommendations. The board may adopt regulations requiring that the cost of making any such survey and report be paid by the applicant for purchase of such lands, requiring a deposit by the applicant sufficient to insure such payment and providing proce­dures to be followed in applying for and ob­taining such survey and report.

(8) All conveyances of sovereignty lands or fill material therein heretofore made by the board of trustees of the internal improvement trust fund of Florida subsequent to the enact­ment of chapter 6451, acts of 1913, chapter 7304, acts of 1917 and chapter 57-362, as amended, are hereby ratified, confirmed and validated in all respects.

Hlstory.-§1, ch. 7304, 1917; RGS 1061; CGL 1391; §§1, 2, ch. 26776, 1951; §1, ch. 57-362; §2, ch. 61-119; U, ch. 67-393; §§25, 27, 35, ch. 69-106; §1, ch. 69-308; §1, ch. 70-81; §1, ch. 70-97; §1, ch. 70-147; §1, ch . 70-439.

ecological study and hydrographic survey if re­quired by the department of natural resources as hereinafter provided, and after making such determinations as are hereinafter provided, and after public hearing, of which at least thirty days prior notice has been given by publication for three consecutive weeks in a newspaper of general circulation in the county, is hereby authorized on its own initiative to locate and fix a bulkhead line or lines adjacent to or off­shore from any existing lands or islands bor­dering on or being in the navigable waters of the county, as defined in §253.12, within all or part of the territorial area of the county as the board of county commissioners, in its discretion may determine; provided, however, that where any bulkhead line has been located and fixed by any municipality pursuant to statutory authority, such bulkhead line shall be accepted and adopted by the county commissioners of the county wherein such municipality is lo­cated as its bulkhead line within the terri­torial area of such municipality, subject to the provisions of this chapter. Any bulkhead line when so fixed or ascertained and established shall represent the line beyond which a further extension creating or filling of land or islands outward into the waters of the county shall be deemed an interference with the servitude in favor of commerce, navigation, and conser­vation of natural resources, with which the navigable waters of this state are inalienably impressed.

(2) Upon the written application of any riparian owner addressed either to the board of county commissioners or the governing body of any municipality wherein the land lies, the board or governing body is directed to locate and fix a bulkhead line or lines within the area and vicinity of the land owned by such applicant, in the event a bulkhead line or lines has not been established by the board pursuant to subsection (1).

(3) Before locating or fixing any bulkhead line or lines pursuant to this section and before changing any previously established line or lines pursuant to the provisions of subsection (5), the board of county commissioners or gov­erning body of the municipality shall determine and consider whether any extension, creation or filling of land or islands into the waters ly­ing between the existing upland or island and such proposed bulkhead line or proposed changed bulkhead line would be contrary to the public interest, interfere with the lawful rights granted riparian owners, be or result in a serious impediment to navigation, interfere with the conservation of fish, marine and wild­

•Note.-Amendment of subsection (4) by ch. 70-81 effective October 1, 1970. becomes life or other natural resources, including

253.122 Power to fix bulkbeads.-(1) Subject to the approval of the board of

trustees of the internal improvement trust fund, who shall have the power to approve or reject, the board of county commissioners of each county or governing body of any municipality, after having obtained a biological survey, and

beaches and shores to such an extent as to be contrary to the public interest, or result in the destruction of oyster beds, clam beds or ma­rine productivity, including but not limited to, destruction of natural marine habitats, grass flats suitable as nursery feeding grounds for marine life, and established marine soils suit­able for producing plant growth of a type use-

185

§253.122 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §253.123

ful as nursery or feeding grounds for marine life to such an extent as to be contrary to the public interest. The board of county commis· sioners or other authorized governmental body shall consider and determine any other factors affecting the public interests. To assist it in making such determination and prior to fixing or changing any such bulkhead lines, the board of county commissioners or governing body of the municipality shall, if required by the department of natural resources, direct that a biological survey and an ecological study be made of the area lying between the existing upland or islands and such proposed bulkhead line or proposed changed bulkhead line, and, where determined by the department of natural resources to be necessary, that a hydrographic survey be made by or under the supervision of the department of natural resources and shall have in hand the report and findings thereof, which shall be read into the record and duly considered at the public hearing required in subsection (1). The board of county com­missioners or governing body of the munici­pality shall require the applicant to pay the cost of such surveys and study.

(4) In the event the board of county com­missioners or the governing body of any mu­nicipality, for a period of ninety days next and after the receipt of the written application by such upland owner, fails, neglects or re­fuses to initiate proceedings to locate and fix a bulkhead line or lines pursuant to subsection (3) for the area and in the vicinity of the land of any such ripa rian upland owner, then and in that event such upland and riparian owner of land may file his application for the establish­ment of a bulkhead line with the board, which is hereby authorized and directed to proceed to locate and fix a bulkhead line or lines within the area or vicinity of the riparian uplands of such owner, and when such bulkhead line or lines shall have been located and fixed by the said board, the same shall have the force and effect as though such line or lines had been located and fixed by the board of county commissioners or governing body of any municipality to whom such original application had first been made. In fixing or approving a bulkhead line or lines under the provisions of this subsection, the board shall follow the same procedures and requirements as are provided for the fixing of such lines i_n subsection (3).

(5) Upon the establishment and approval of any bulkhead line or lines in the manner here­in provided for, a drawing showing the location <lf such bulkhead line or lines shall be promptly filed in the public records of the county where the same may be located and recorded in the book of plats of said county. Upon the es­tablishment of any bulkhead line or lines as herein contemplated, any proposal thereafter made to change said line or lines shall be published once each week for three consecu­tive weeks in a newspaper of general circula­tion published in the county where such change

in said bulkhead line or lines is proposed, copies of such notice by certified or registered mail shall be sent to each riparian owner of upland lying within one thousand feet of the island or submerged land proposed to be con­veyed addressed to such owner as his name anrl address appears upon the latest county tax assessment roll, and the publication of such proposal shall, for all purposes, be deemed to be a public notice of a hearing before the au­thority initially establishing said bulkhead line or lines and the publication of such proposal shall include therein the time, date and place for such hearing. Any change in such bulkhead line or lines when made and approved shall be evidenced as provided by this chapter.

(6) Any person, natural or artificial (in­cluding riparian owners), aggrieved by any de­cision of the board of county commissioners or governing body of any municipality or board of trustees of internal improvement trust fund es­tablishing a bulkhead line may, within the time provided by the Florida appellate rules, have the decision reviewed by the appropriate cir­cuit court by filing therewith a petition for is­suance of a writ of certiorari and it shall be the duty of such board or the board of trustees, as the case may be, to cause to be prepared and certified, at the cost of appellant, a transcript of all proceedings including the evidence intro­duced at such hearing, and the court shall hear and determine the cause on the record without indulging any presumption in favor of the de­cision of such board or the board of trustees. In event the decision is not sustained the court shall tax the cost of preparing the transcript against the agency making the decision. The right of review hereunder is not exclusive, and any person asserting any rights adversely af­fected may institute and prosecute any proceed­ing authorized by law (including without limita­tion extraordinary remedies and writs) or in equity. However, any appellant shall not be re­quired to pay more than two hundred dollars for or toward the cost of a transcript that may be desired if an appeal is taken as in this section provided for.

History.-§2, ch. 57-362: §2, ch. 61-119; §10. ch. 63-512 : §§2, 3, ch. 67-393; §125, 27, 35, ch. 69-106; §1, ch. 70-13; §2, ch. 70-81 ; §1, ch. 70-439.

• Note.-<Amendments to subsections (3) and (4) by chapters 70-13 and 70-81 become effective October 1, 1970.

253.123 Restrictions on filling land and dredging.-

(1) No private person, firm or corporation shall construct islands or add to or extend ex­isting lands Qr islands bordering on or being in the navigable waters of the state as defined in §253.12 (1) by pumping sand, rock or earth from such waters or by any other means with­out first complying with §253.122; provided, nothing herein contained shall relate to artifi­cially created navigable waters.

(2) The removal of sand, rock or earth from the navigable waters of the state as de­fined in §253.12 and the submerged bottoms thereof by dredging, pumping, digging, or any

186

1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §253.124

other means shall not be permitted except in the following instances:

(a) For the construction, improvement or maintenance of navigation channels and drain­age and water control facilities;

(b) For the construction of trenches for the burial or installation of water, sewer, gas, oil, gasoline, fuel, electric, telegraph or tele­phone lines, cables or mains;

(c) For the operation of sand transfer plants; and

(d) For other purposes when, but only when, the board of trustees has determined, after consideration of a biological survey and an ecological study and a hydrographic survey, if such hydrographic survey is required by the board, made by or under the supervision of the department of natural resources of the area from which such sand, rock or earth is proposed to be removed, that such surveys and study show that such removal will not interfere with the conservation of fish, marine and wildlife or other natural resources, to such an extent as to be contrary to the public interest, and will not result in the destruction of oyster beds, clam beds, or marine productivity, in­cluding, but not limited to, destruction of na­tural marine habitats, grass flats suitable as nursery or feeding grounds for marine life, and established marine soils suitable for producing plant growth of a type useful as nursery or feeding grounds for marine life or natural shoreline processes to such an extent as to be contrary to the public interests.

(3) (a) Works authorized under para­graphs (a) and (b) of subsection (2) shall only be undertaken after receipt of a permit from the board of trustees, which permit shall be granted after consideration of a biological or ecological study, unless waived by the affirma­tive vote of at least five of the seven members of the board of trustees, upon a showing of the public interest which will be served by such works.

(b) The provisions of paragraph (d) of subsection (2) shall not be construed to elimi­nate the requirement of obtaining a permit fur the removal of sand, rock or earth from any part of the navigable waters of the state as defined in §253.12, and the submerged bottoms thereof from the appropriate authority as else­where in this chapter or otherwise by law pro­vided.

(4) Neither the sale and conveyance of is­lands and lands by the board of trustees of the internal improvement trust fund under the pro­visions of §253.12 nor the establishment of a bulkhead line or lines by the appropriate au­thority under the provisions of §253.122, nor the granting of a construction permit under the provisions of §253.124 shall operate to vest any right whatsoever in the grantee, upland owner, or construction permit holder to remove sand, rock or earth from the navigable waters of the state as defined in §253.12, and the submerged bottoms. thereof, unless a construction permit

issued pursuant to the provisions of §253.124, and of this section specifically permits such removal.

Hlstory.-§3, ch. 57-362 ; §2, ch. 61-119 ; §5, ch. 67-393; U25, 27, 35, ch. 69-106 ; §1, ch. 70-118; §1, ch . 70- 167; §1, ch . 70-439.

253.124 Application for filling land.-(1) Any private person, firm or corporation

desiring to construct islands or add to or ex­tend existing lands or islands located in the unincorporated area of any county bordering on or in the navigable waters of the state, as defined in §253.12, by pumping sand, rock or earth from such waters or by any other means shall make application in writing to the board of county commissioners of the county wherein such construction is desired for a permit au­thorizing such person, firm or corporation to engage in such construction; provided, that where it is desired to construct islands or add to or extend existing lands or islands within the territory of any municipality such appli­cation for a construction or fill permit shall be made to the governing body of such mu­nicipality.

(2) In each instance the written applica­tion herein provided for shall be accompanied by a plan or drawing showing the proposed construction and the manner in which said con­struction will be accomplished and also the area from which any fill material is to be dredged if the proposed construction is in­tended to be created from dredged material. In the event the board of county commissioners or other authorized body shall find that such proposed extension or filling of land or such proposed dredging is not violative of any stat­ute, zoning law, ordinance, or other restric­tions which may be applicable thereto, that no harmful obstruction to or alteration of the natural flow of the navigable water, as defined in §253.12, within such area will arise from the proposed construction, that no harmful or increased erosion, shoaling of channels or stag­nant areas of water will be created thereby, and that no material injury or monetary dam­age to adjoining land will accrue therefrom, the same shall be granted to the applicant, subject to the approval of the board of trustees of the internal improvement trust fund, who shall have the power to approve, reject or issue; provided, however, that prior to the issuance of such permit, the board of county commis­sioners or other authorized body shall deter­mine whether the granting of such permit and the construction to be done pursuant thereto would interfere with the conservation of fish, marine and wildlife or other natural re­sources to such an extent as to be contrary to the public interest, and whether the destruc­tion of oyster beds, clam beds, or marine pro­ductivity, including, but not limited to, de­struction of natural marine habitats, grass flats suitable as nursery or feeding grounds forma­rine life, including established marine soils suitable for producing plant growth of a type useful as nursery or feeding grounds for rna-

187

§253.124 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §253.124

rine life, will result therefrom to such an ex­tent as to be contrary to the public interest. The board shall also consider any other fac­tors affecting the public interests.

* (3) No construction permit shall be issued or approved until the board of county com­missioners or other authorized body shall have obtained, at the expense of the applicant, a biological survey, an ecological study, and, where deemed necessary by the department of natural resources, a hydrographic survey of the area within which such construction and dredg­ing is proposed, each by or under the super­vision of the department of natural resources and shall have in hand the report and findings thereof. The report shall be read into the record and duly considered at the same meeting at which the board of county commissioners or other authorized body takes final action on the application for permit. Such surveys and stu­dies may not be required if the proposed con­struction or dredging is wholly shoreward of a previously established bulkhead line which was fixed after consideration by the bulkhead au­thority of a biological survey and ecological study previously made by the department of natural resources or under its supervision in connection with the fixing of such line or if the proposed construction or dredging is wholly within lands or islands heretofore purchased from the board of trustees of the internal im­provement trust fund under §253.12 and in the consummation of such sale the board had be­fore it a biological survey made by or under the supervision of the department of natural resources.

( 4) No construction permit shall be issued unless the proposed work is to be completed within three years next after the date of issu­ance, and each such permit shall expire three years after such date. Such time may be ex­tended for additional periods of up to three years by the board for good cause, upon show­ing that all due efforts and diligence toward completion of said work have been made. The construction permit herein provided for may be revoked by the board for noncompliance with or for violation of its terms after notice of intention to do so has been furnished to the holder thereof and an opportunity for a hear­ing has been afforded. In the event a permit is refused, the applicant therefor may have the order refusing the permit reviewed upon filing a petition for the issuance of a writ of certiorari with the appropriate circuit court in the manner and within the time prescribed by the Florida appellate rules.

(5) Any person who violates any provision of this section is guilty of a misdemeanor and upon conviction shall be fined not more than $500.00, or imprisoned not exceeding 6 months, or both, in the discretion of the court.

(6) The board shall have the authority to direct the abutting upland owner to re­move any fill created in violation of this sec­tion, either on behalf of itself or on behalf of

itself and the department of natural resources. In the event that the abutting upland owner does not remove said fill as directed, the board may remove it at its own expense and the costs thereof shall become a lien upon the p;operty of said abutting upland owner; pro­VIded, that the board may, if it chooses allow said fill to remain as state owned land: and may employ a surveyor to determine the boundary between such state land and that of the previous abutting upland owner. The amount of the cost of such survey shall be­come a lien upon the property of the previous abutting upland owner. Nothing herein shall be construed to grant the board authority to direct an upland owner to adjust, alter or re­move silt, fill or other solid material which has accumulated or been deposited seaward of his property through no action on his part.

(7) (a) The board shall in no case issue an "after the fact" construction permit to any applicant authorizing construction regulated by this section subsequent to the time it has occurred, UIJ.less , upon consideration of a re­port by the department of natural resources, the board finds that the exercise of any other remedy or penalty available to it, either as pro­vided by subsection (6) or otherwise by law or by rule or regulation adopted by the board would be more damaging to the environ­ment or the marine resources sought to be pro­tected by this chapter than would be the grant­ing of such permit.

(b ) The granting of such an "after the fact" construction permit shall not absolve any applicant from the provisions of subsection ( 5) of this section.

(8 ) Any riparian upland owner of land bor­dering on or in the navigable waters of the state who desires to repair, rebuild, replace, or reconstruct coastal structures in the nature of seawalls, revetments, retaining walls, bulk­heads , or other similar protective structures installed upon his riparian upland, or who de­sires to restore such uplands after damage by avulsion or by artificially induced erosion, shall, before undertaking such project, obtain a permit for such work from the board of county commissioners or other authorized body or from the governing body of a municipality if the work proposed shall be within the territory of such municipality. Such a permit shall be subject to the approval of the board of trustees and shall not be valid without such approval. The riparian owner making application for such a permit may not be required to comply with §253.122. A biological survey and ecologi­cal study may not be required if the proposed work lies at no greater distance than twenty­five feet into the waters where such work is proposed from the existing and established line of mean high water or existing coastal struc­ture. A permit issued under the provisions of this subsection shall not be construed to allow construction of coastal structures or restora-

188

§253.124 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §253.151

tion of lands that may be subject to the pro­visions of chapter 161.

History.-§4, ch. 57·362; §2. ch. 61-119; §7, ch. 61-530; §10, ch. 63-512 ; §4, ch. 67-393; §§25, 27, 35, ch . 69-106 ; §1 , ch . 69-336; §3, ch . 70-81 ; §1, ch . 70-116; §1, ch . 70-333; §1, ch. 70-439.

•Note.-Amendment to subsection (3) by ch. 70-81 becomes ef­fective October 1, 1970.

eating the actual water's edge of any navigable meandered fresh water lake as of the date such body came under the jurisdiction of the state, regardless of where the water's edge exists on the date of the determination of the boundary line, the water's edge as evidenced on the for-

253.1281 Review by board.- mer date shall be deemed the boundary line. (1) All special acts granting exceptions to (b) Where sufficient physical evidence can-

the provisions of this chapter relating to issu- not be found, or in conjunction with such phy­ance of dredge or fill permits shall provide sica! evidence as may exist, affidavits of local, that all action on applications for such permits longtime residents attesting to the average shall be subject to approval of the board of levels of such lakes shall be used. Such affi­trustees of the internal improvement trust davits shall not be used unless they can be fund, which shall have the power to reject dated back to a period of time at least twenty-such permits. five years prior to July 1, 1970.

(2) Notwithstanding any provisions to the (c) Where gauging stations have been in-contrary, any action after July 7, 1970 on any stalled and continuous data at lake water application for a dredge or fill permit pursuant elevations have been obtained therefrom for a to any special act heretofore or hereafter en- period of no less than ten consecutive years, acted shall be subject to approval of the board such data may be u!'ed for ascertaining the of trustees, which sha ll have the power to re- boundary line at such lake. ject such permit. (d) Actual on-site examination of the ter-

History .-§1, ch. 70-375. rain (landward and lakeward of the existing 253.151 Navigable meandered fresh water waterline) and of plant life, including upland

lakes.- and aquatic, by aualified personnel and the (1) The submerged lands located under other physical indications of present and past

navigable meandered fresh water lakes shall waterlines which shall be deemed reasonable be considered as a separate class of sover- mav be used in determining the boundary line. eignty lands. Such separate class of sovereignty This investigation may include public hearings, lands shall not be construed to be of the same as well as examination of exiRting docks, struc­character as tidal lands, streams, watercourses, tures, and other physical evidence which may or rivers or as Jakes attached to tidal waters properly be con~trued as germane to the loca­by means of navigable watercourses, but, tion of the boundary line. rather, shall be administered in accordance (4 ) A boundary line shall become effective with the provisions of this section. only after a description of its location has been

(2) For the purposes of this section: approved by the formal action of the board and (a) "Board" means the board of trustees this description has been published in a news-

of the internal improvement trust fund. paper of ~eneral distribution in the county (b ) "Boundary line" means the line which where located at least once a week for three

separates the sovereignty lands of the state consecutive weeks. The boundary line eleva­from those of a riparian upland owner. Such tion shall then be placed in the public records boundary line shall be described in terms of of the county or counties in which the navigable elevation above mean sea level of the state as meandered fresh water lake is situated. A suit­indicated on the bench mark of the United able monument shall be placed in or on such States Coast and Geodetic Survey nearest the lake as a permanent point of reference so that r espective navigable meandered fresh water all intereflted oersons mav be able to determine lake. the physical boundary line by proper survey

(c) "Elevation" means the distance above and projection onto the shoreline. mean sea level as established by official United (5) The riparian owner shall have the usu­States Coast and Geodetic Survey bench marks. fructuary right over lands lakeward of the

(d) "Usufructuary right" means the tern- boundary line down to the existing waterline, porary right of using the land lakeward of the but such riparian owner shall not deny the boundary line to the existing water line. The use of the water above the established bound­term shall not be construed to convey to any ary line to any other owner or to the general riparian owner the right to erect permanent public so long as such public does not come structures of any type upon sovereignty lands onto the land above the existing waterline. A without the express consent of the board. riparian owner shall have the right of ingress

(e) "Commerical operation" means the and egress to and from the water for purposes operation of any facility located on submerged of boating, swimming, fishing, skiing, and land in navigable meandered fresh water lakes similar activities and shall: for the purpose of earning a profit from such (a) Be granted the privilege of clearing operations. the aquatic vegetation, except woody plants of

(3) The boundary line shall be established a diameter greater than two inches, measured by, or under the supervision of, the board by at the base, out in the water to the extent neces­use of one or more of the following procedures: sary to enable him to use the public waters

(a) Where physical evidence exists indi- reasonably for boating, swimming, skiing, fish-

189

§253.151 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §255.052

ing, and similar activities. If an area greater than one fifth of an acre is to be cleared within a period of three months, a permit must be applied for and granted by the board.

(b) Be permitted to fill to combat erosion. However, in no case shall this section be con­strued to grant a riparian owner the right to add on land out into the main body of the water in such a manner as to constitute an encroach­ment upon the sovereignty submerged bottoms to gain more property or to restrict others from reasonable use of the water. A permit from the board shall be necessary for such fill projects to combat erosion.

(c) Be granted usufructuary right in any strip of land which may be exposed due to na­tural recession of the waters, between the boundary line and the existing waterline.

( 6) Any authorized dock, boathouse, or other structure, erected under permit, shall be for the sole use and control of the riparian owner.

!7) Nothing contained in this section or §253.12 (1) shall be construed as affecting pri­vately owned lakes, streams, watercourses, or submerged lands.

(8) The board shall promulgate such rules and regulations as may be necessary to carry out the purposes of this section.

History.-§2, ch. 70-n.

253.62 Board of trustees authorized to con­vey certain lands without reservation.-

(!) The board of trustees of the internal improvement trust fund in making exchanges of land under §§253.42 and 253.43, is hereby authorized in its discretion to convey said land without reservations of oil and gas or of phos­phate and other minerals required by §270.11, where deeds to lands received in exchange con­vey title in fee simple without such reserva­tions or to determine the part or parts to be reserved and the part or parts to be conveyed, so as to facilitate exchange on a basis as nearly equal as may be.

(2) The board of trustees of the internal improvement trust fund is further authorized in its discretion to convey land to the United States free from reservations for oil, gas, phos­phate and other minerals, provided agreement satisfactory to the board be effectuated with the United States whereby, in the event oil, gas, phosphate or other minerals are ever produced from said land, said board shall receive the customary royalty therefrom. In any convey­ance heretofore made to the United States for national park or related purpose subsequent to June 30, 1943, which contained such reserva­tions, said board shall have authority to con­vey said reservations subject to the conditions hereof in respect to customary royalty.

(3) The authority to convey, granted in subsection (2), shall apply to the conveyance of lands by the board of trustees to the United States for the establishment of the Biscayne National Monument, as defined by Public Law 90-606 of the United States, and the board is

authorized to convey public lands to the United States for the establishment of the Biscayne National Monument. All acts and actions of the board of trustees and all agreements be­tween the board and the United States Govern­ment regarding the conveyance of any state lands to the United States for the establish­ment of the Biscayne National Monument are hereby ratified, confirmed, and validated. For the purposes of the conveyance authorized by this subsection, no provision of this chapter shall apply, and the board of trustees shall not be required, prior to such conveyance, to com­ply with any conditions precedent to sale of lands set out in this chapter, nor shall the board be required to reserve oil, gas, phosphate, or other mineral rights, or enter into an agree­ment for royalties, if any, if same are produced from said lands. However, the waiver herein shall not apply to the requirements of this chapter relating to the setting of bulkhead lines and to dredging and filling.

( 4) The legislative intent embodied in this section is to authorize the board of trustees to convey or obligate itself to convey the herein referre<i to state-owned lands in accordance with the provisions of Public Law 90-606. Upon certification to the board by the United States government that all private lands in­tended to be acquired have been acquired and that owners of private property who have not donated or otherwise conveyed their lands have been paid therefor, the conveyance herein authorized shall become absolute. Nothing herein shall alter the right of the United States government to immediate possession of said state-owned lands.

Hlstory.-H1. 2. ch. 23617. 1947; §11. ch. 25035, 1949; U. ch. 61-119; §§27, 35, ch. 69-106; §1, ch. 70-364; §1, ch. 70-439.

CHAPTER 255

PUBLIC PROPERTY AND PUBLIC BUILDINGS

255.052 Substitution of securities for amounts retained on state contracts. (New)

255.211 Special symbol may be displayed. (New)

*255.052 Substitution of securities amounts retained on state contracts.-

(!) Under any contract made or awarded by the state or by any public department or official thereof, the contractor may, from time to time, withdraw the whole or any portion of the amount retained for payments to the con­tractor pursuant to the terms of the contract, upon depositing with the treasurer:

(a) United States treasury bonds, United States treasury notes, United States treasury certificates of indebtedness, or United States treasury bills;

190

§255.052 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §257.17

(b) Bonds or notes of the State of Florida; or

(c) Bonds of any political the state; or

subdivision in

(d) Certificates of deposit national banks in the state.

from state or

No amount shall be withdrawn in excess of the market value of the securities listed in paragraphs (a), (b), and (c) at the time of withdrawal or of the par value of such secur­ities, whichever is lower.

(2) The treasurer shall, on a regular basis, collect all interest or income on the obliga­tions so deposited, and shall pay the same, when and as collected, to the contractor who deposited the obligations. If the deposit is in the form of coupon bonds, the treasurer shall deliver each coupon as it matures to the con­tractor.

(3) Any amount deducted by the state or by any public department or official thereof, pursuant to the terms of the contract, from the amounts retained for payments due the contractor shall be deducted, first from that portion of the amounts retained for which no security has been substituted, then from the proceeds of any deposited security. In the lat­ter case, the contractor shall be entitled to receive interest, coupons, or income only from those securities which remain after such amount has been deducted.

History.-U, ch. 70-70. *Note.-Effective October 1, 1970.

255.211 Special symbol may be dis-played.-All state-owned buildings providing facilities for wheelchair users, including, but not limited to, entrance and exit facilities, shall display at all entrances the inter­nationally recognized symbol for wheelchair users.

History.-§1, ch. 70-403.

257.01 257.02 257:03

257.031

257.17

CHAPTER 257

STATE LIBRARY

State library; creation; administration. Members of council; appointment. Organization of commission; duties of

secretary. (Repealed) Organization of council; appointment

of state librarian. (New) Operating grants. (See note)

257.01 State library; creation; administra­tion.-There is created and established the state library which shall be located at the capital. The state library shall be adminis­tered by the division of state library services of the department of state. There shall be an advisory council to the division consisting of seven members to be known as the state li­brary council.

257.02 Members of council; appointment.­(!) The members of the council shall be

appointed by the department of state. Of the members first appointed, two shall be ap­pointed for terms of two years, two for terms of three years, and three for terms of four years. Subsequent appointments, except for filling vacancies, shall be for the full term of four years. Vacancies shall be for the period of the unexpired term.

(2) Members of the council shall serve without compensation but shall be entitled to receive reimbursement for traveling expenses as provided in §112.061. The council shall meet a minimum of four times a year.

(3) The department of state may, in mak­ing appointments, consult the Florida library association and related organizations for sug­gestions as to persons having special knowl­edge and interest concerning libraries.

History .-!2, ch. 10278, 1925; CGL 1688; §2, ch. 63-39; !19, ch. 63-400; !!10, 35, ch. 69-106; §21, ch. 69-353; §2, ch. 70-250; §1, ch. 70-439.

257.03 Organization of commission; duties of secretary.-[Repealed by §3, ch. 70-250.]

257.031 Organization of council; appoint­ment of state librarian.-

(!) The officers of the state library coun­cil shall be a chairman, elected from the mem­bers thereof, and a secretary, who shall be li­brarian of the state library and who shall be a person trained in modern library methods, not a member of the council. The state li­brarian shall be appointed by the department of state and shall serve as the director of the division of state library services of the department of state. The department of state may, in making the appointment of state li­brarian, consult the members of the state li­brary council.

(2) The state librarian shall: (a) Keep a record of the proceedings of

the council; (b) Keep an accurate account of the di­

vision's financial transactions; (c) Have charge of the work of the di­

vision in organizing new libraries and im­proving those already established; and

(d) In general, perform such duties as may, from time to time, be assigned to him by the department of state.

History .-§4, ch. 70-250; §1, ch. 70-439.

257.17 Operating grants.-Note.-Item 828, §1, ch. 70-95 provides that the limitation

of fifty thousand dollars In total grants per county, contained in this section, shall be of no force and effect during the fiscal year 1970-1971. Also, it provides that, notwithstanding this section, municipalities providing library services that are avail­able to the entire county shall be eligible for grants.

CHAPTER 258

History.-§1, ch. 10278; CGL 1687; §1, ch . 63-39; §§10, 35, ch. 69-106; §21, ch. 69-353; §1, ch. 70-250.

STATE PARKS AND PRESERVES

Short title. (New) 258.17

191

§258.17 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §258.23

258.18 258.19 258.20 258.21 258.22 258.23 258.24 258.25 258.26 258.27 258.28 258.29 258.30 258.31 258.32

258.33

Statement of legislative intent. (New) Definitions. (N ew) Types of wilderness areas. (New) Use of areas. (New ) Selection of wilderness areas. (New) Authorization to acquire lands. (New) Size. (New) Number. (New ) Priority of establishment. (New) Competing uses. (New) Interagency advisory commitee. (New) Atlas of areas. (New) Rules and regulations. (New) Signs and markers. (New) Withdrawal of lands from system.

(New) Reports of governmental units as to

suitability of lands owned by them for inclusion in system. (New)

*258.17 Short title.-Sections 258.17-258.33 shall be known and may be cited as "State Wilderness System Act."

Hlstory.- §1, ch . 70-355. *Note.-Etrective January 1, 1971.

*258.18 Statement of legislative intent.­It is the legislative intent to establish a state wilderness system consisting of designated wilderness areas which shall be set aside in permanent preserves, forever off limits to in­compatible human activity. These areas shall be dedicated in perpetuity as wilderness areas and shall be managed in such a way as to pro­tect and enhance their basic natural qualities for public enjoyment and utilization as re­minders of the natural conditions that pre­ceded man.

History.- §2, ch. 70-355. *Note.-Etrectlve January 1, 1971.

*258.19 Definitions.-As used in §§258.17-258.33:

( 1) "Wilderness a rea" means an area formally set aside for preservation essentially in its natural or existing condition by reg­ulating all activity which might have an effect on it.

(2) "Biological type" means a wilderness area set aside to promote certain forms of animal or plant life or their supporting hab­itats.

(3) "Aesthetic type" means a wilderness area set aside to preserve certain scenic qual­ities or amenities.

(4) "Scientific type" means a wilderness area set aside to preserve certain features, qualities, or conditions, which may or may not include biological and aesthetic, for scientific and educational purposes.

(5) "Board" means the board of trustees of the internal improvement trust fund.

History.-*3, ch. 70-355; §1, ch. 70-439. *Note.-Etrectlve January 1, 1971.

*258.20 Types of wilderness areas.-Each wilderness area shall be characterized as be­ing of one or more of the following principal types:

(1) Biological.

(2) Aesthetic. (3) Scientific.

History.-H. ch . 70-355. *Note.-Etrective January 1, 1971.

*258.21 Use of areas.-(1) Wilderness areas may be available for

use by the public to the extent compatible with the purposes for which the areas are estab­lished for the following activities:

(a) Hiking; (b) Bathing; (c) Fishing; (d) Boating; (e ) Hunting; (f) Picnicking; (g) Sight-seeing; (h) Camping; (i ) Nature study; and (j) Research.

. (2) Wilderness areas may also be des­Ignated for use for, but not limited to the following purposes: '

(a) Water storage; (b) Ground water recharge areas· (c) Estuarine and marsh system;. and (d) Fish and game breeding gro~nds and

refuges. Hlstory.-§5, ch . 70-355 . *Note .-Etrective January 1, 1971.

*258.22 Selection of wilderness areas.­(1) The board shall, upon recommendation

?f the state agency which manages any lands mvolved and after public notice and public hearing in each county in which the area is to be located, establish wilderness areas formally setting aside such areas by prope; resolution.

(2 ) The resolution establishing a wilder­ness area shall inc! ude the following:

(a) A legal description of the area to be included;

(b) Dedication in perpetuity of the area; (c) Designation of the type of wilderness

area being established and a general state­ment of what is sought to be preserved; and

(d ) A clear statement of the management responsibilities for the area.

(3) Such resolutions shall be filed for rec­ord in each county in which a portion of the wilderness area is located.

(4) Lands, submerged or otherwise, owned by the board may, upon recommendation of the state agency which manages such lands, be in­cluded in wilderness areas. Lands owned by other governmental agencies may be included in a wilderness area, subject to affirmative action of the governmental agency owning the land and acceptance by the board.

Hlstory.-§6, ch . 70-355; §1, ch. 70-439. *Note.-Effective January 1, 1971.

*258.23 Authorization to acquire lands.­For the purpose of establishing wilderness areas, the board is authorized to acquire title to lands by any lawful means other than

192

§258.23 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §258.33

through the use of the power of eminent domain.

History.-§7, ch. 70-355; §1, ch. 70-439. *Note.-E!Iectlve January 1, 1971.

*258.24 Size.-The size of a wilderness area shall be large enough to include the principal features which justify its establish­ment.

History.-*8, ch. 70-355. *Note.-E!Iectlve January 1, 1971.

*258.25 Number.-There shall be no fixed limit on the number of wilderness areas to be established, but each such area shall be just­ified by its intrinsic merit as determined by the board.

Hlstory.-§9, ch. 70-355; §1, ch . 70-439 . *Note.-E!Iectlve January 1, 1971.

*258.26 Priority of establishment.-The or­der of selection and establishment of wilder­ness areas shall be governed by the relative vulnerability of the features of the area sought to be preserved. The board is directed to give early consideration to wilderness areas which:

(1) Are in close proximity to urban or rapidly developing areas;

(2) Are in imminent danger from some other source;

(3) Are designed to protect rare or en­dangered species or other unique features; or

( 4) Constitute the last vestiges of natural conditions within a given area.

Hlstory.-§10, ch. 70-355; §1, ch. 70-439. *Note.-E!Iectlve January 1, 1971.

*258.27 Competing uses.-In selecting wil­derness areas, consideration shall be given to potentially competing uses to insure that maxi­mum utilization of the areas will inure to the public.

Hlstory.-§11, ch. 70-355. *Note.-E!Iectlve January 1, 1971.

*258.28 Interagency advisory committee.­The board shall create a continuing inter­agency advisory committee to:

(1) Assist in the selection of wilderness areas;

(2) Act at the request of the board; (3) Initiate proposals of its own for new

wilderness areas; and (4) Assist in formulating rules and regu­

lations for use of such areas. Hlstory.-§12, ch. 70-355; §1, ch. 70-439. •Note.-E!Iectlve January 1, 1971.

*258.29 Atlas of areas.-The board shall maintain an atlas of wilderness areas, on maps of suitable scale.

History.-§ 13, ch. 70-355; §1, ch. 70-439. *Note.-E!Iectlve January 1, 1971.

*258.30 Rules and regulations.-The board shall adopt rules and regulations prescribing a uniform set of general management criteria covering all wilderness areas.

(1) No alteration of physical conditions within a wilderness area shall be permitted except:

(a) Minimum development consistent with public convenience and necessity and with §§258.17-258.33; and

(b) Approved activity designed to enhance the quality or utility of the wilderness area itself.

(2) All human activity within each wilder­ness area may also be subject to special rules and regulations for implementing · the intent and purpose of §§258.17-258.33 for the particu­lar area involved.

(3) Other uses of a wilderness area, or human activity within the area, although not originally contemplated, may be permitted by the board but only after a formal finding of compatibility made by the board and subject to regulation.

History.-U4, ch. 70-355; §1. ch. 70-439. *Note.-E!Iectlve January 1, 1971.

*258.31 Signs and markers.-Wilderness areas shall be identified by appropriate signs and boundary markers.

History .-§15, ch. 70-355. *Note.-E!Iectlve January 1, 1971.

*258.32 Withdrawal of lands from system.­No part of any wilderness area may be with­drawn from the state wilderness system ex­cept by act of the legislature. Notice of such proposed legislation shall be published in each county in which the area affected is located, in the manner prescribed by law relating to local legislation.

History .-§16. ch. 70-355 . *Note.-Effectlve January 1, 1971.

*258.33 Reports of governmental units as to suitability of lands owned by them for in­clusion in system.-Prior to January 1, 1973, each governmental unit, including, but not limited to, each state agency, county, munici­pality, and public corporation, shall review all of its land holdings and submit recommenda­tions in writing to the board as to the suita­bility of any of its property for inclusion in the state wilderness system. If the unit owns no land or has no land which it deems suitable for such inclusion it shall so state in its writ­ten report. The inclusion of any lands as being suitable hereunder shall not constitute consent for its designation as a wilderness area.

History.-§17, ch. 70-355 ; §1, ch. 70-439. *Note.-E!Iectlve January 1, 1971.

CHAPTER 265

MEMORIALS, MUSEUMS, AND FINE ARTS

265.13 Stephen Foster memorial board of trustees created; terms and com­pensation; state treasurer, ex officio treasurer.

265.14 Board may accept donations and bor­row money; appropriation.

265.15 Board to keep permanent records; powers and duties.

193

§265.13 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §265.151

265.151 Stephen Foster memorial; acquisition and construction of buildings and other facilities authorized.

265.13 Stephen Foster memorial board of trustees created; terms and compensation; state treasurer, ex officio treasurer.-A board of trustees composed of five members, citizens and residents of the state, known and desig­nated as "The Stephen Foster Memorial Board of Trustees," is created as a part of the de­partment of state. The members of the board shall be appointed by the governor for terms of four years, and their only compensation shall be the honor of such service. Members shall be reimbursed for traveling expenses as provided in §112.061. The state treasurer is ex officio treasurer of the Stephen Foster memorial board of trustees. He shall have custody of all the board's funds, which shall be kept in a special fund or account for the use of the board.

Hlstory.-§1, ch . 19243, 1939 ; CGL 1940 Supp. 1748(1); §19, ch . 63-400 ; §§ 10, 35, ch . 69-106; §1, ch. 70-155 . cf.-§592 .13 Exemption of Stephen Foster Memorial.

265.14 Board may accept donations and borrow money; appropriation.-

( ! ) The Stephen Foster memorial board of trustees may accept, receive, and hold in trust for the state gifts, gratuities, and donations of money and other property which shall be used, if and when a sufficient amount is re­ceived, to erect a suitable memorial to the memory of Stephen Collins Foster, at White Springs, Florida, on the banks of the Suwannee river, and the same are appropriated for the purposes herein expressed.

(2) The Stephen Foster memorial board of trustees may do whatever is necessary to build, construct, and erect said memorial. It may enter into such contracts and acquire such property as may be necessary to erect and maintain said memorial.

(3 ) The Stephen Foster memorial board of trustees may cooperate with the United States government or any agency thereof on any proj­ect or projects leading to the erection and maintenance of said memorial. The Stephen Foster memorial board of trustees may borrow money in accordance with any self liquidating plan that it may deem feasible and advan­tageous, and may issue mortgage revenue cer­tificates or debentures therefor and sell the same for the purpose of carrying out the in­tention of §§265.13-265.15. The board may pledge as security for the payment of such certificates or debentures any and all revenues and income to be derived and obtained from the operation of such memorial, or such por­tion thereof as may be deemed sufficient, after all operating costs have been paid. The board shall set aside, annually, a sinking fund for the payment of interest on said certificates or debentures and the principal thereof at the maturity of same.

( 4) Said certificates shall bear interest at a rate not to exceed 5 percent per annum,

and shall be a lien only upon the property of the said Stephen Foster memorial board of trustees, and shall not be held, deemed, or considered to be an obligation of the state. The Stephen Foster memorial board of trust­ees is further authorized to accept grants and loans from the public works administration or any other agency of the United States govern­ment authorized to make such grants and loans for the purposes hereinabove mentioned and described.

History.- 12, ch. 19243, 1939 ; CGL 1940 Supp. 1748 (2); §7 ch . 22858, 1945; *6, ch. 65-420; §2, ch. 70-155.

265.15 Board to keep permanent records; powers and duties.-

(1) The Stephen Foster memorial board of trustees shall keep permanent records of its acts and may provide by resolution or other appropriate action for the carrying out and performing of the duties and powers granted it by the terms of §§265.13-265.15.

(2) The Stephen Foster memorial board of trustees may:

(a) Build, erect, and construct said memo­rial in accordance with the plans and specifica­tions to be made, selected and approved by it;

(b) Improve, landscape, beautify, and plant parks, lots, and grounds which it may acquire for the site of said memorial and enclose the same;

(c) Maintain, keep, beautify, and improve said memorial and grounds, provide for the maintenance and upkeep of said memorial and grounds, and do any other act and thing nec­essary or convenient toward the building, erect­ing, beautifying and protecting said memorial and grounds;

(d ) Employ caretakers and such other per­sons as it deems necessary or convenient for said purposes; and

(e) Charge fees and admissions to the pub­lic for the privilege of visiting and viewing the memorial and grounds and use such fees and admission charges for the purposes of said sections.

(3) The Stephen Foster memorial board of trustees is also authorized to operate land and water conveyances for the convenience and entertainment of the public and to operate facilities for the sale of souvenirs and Fos­teriana in carrying out the overall theme of the Stephen Foster era.

History.-§3, ch. 19243, 1939 ; CGL 1940 Supp. 1748 (2a); §7, ch. 22858, 1945; §3, ch. 70-155; §1, ch. 70-205; §1, ch. 70-439.

265.151 Stephen Foster memorial; acquisi­tion and construction of buildings and other facilities authorized.-

(!) The division of building construction and maintenance of the department of general services is authorized to acquire and construct buildings and facilities to be used by the Stephen Foster memorial board of trustees of the department of state, including an audi­torium and museum, such other buildings as may be required by the board, parking facili­ties, necessary equipment, furnishings and

194

§265.151 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §266.03

utilities, and such other facilities as may be required for use in connection therewith. The Stephen Foster memorial board of trustees is authorized to acquire by gift, grant, donation, lease, or purchase necessary rights-of-way for purpose of access to the memorials, buildings, and other facilities operated by the board.

(2) The division of building construction and maintenance and the Stephen Foster me­morial board of trustees are authorized to acquire and construct the buildings, lands, and other facilities referred to in subsection (1) by means of a lease-purchase agreement with the division of bond finance of the de­partment of general services and to pay rent­als pursuant to such lease-purchase agree­ment in an amount necessary to retire bonds or revenue certificates issued to finance the acquisition and construction of said buildings, lands, and other facilities. The division of bond finance is authorized to issue bonds or revenue certificates, subject to approval of the state board of administration as to fiscal suffi­ciency, in an amount necessary to finance the acquisition and construction of such buildings, lands, and other facilities and to pledge for the payment and retirement of such bonds or revenue certificates the rentals to be paid un­der such lease-purchase agreement. The Stephen Foster memorial board of trustees may pledge as security for the payment of such -rentals any and all revenues and income derived and obtained from any memorial, audi­torium, museum, or other revenue or income­producing facility operated by the board of trustees, or such portion thereof as may be deemed sufficient, or such funds as may be ap­propriated to board of trustees by the legisla­ture for such purpose. Two hundred twenty­eight thousand dollars of any and all revenues and income, other than general revenue ap­propriations, shall in each biennium beginning July 1, 1967, be budgeted for operations, and only the excess in revenues and income over and above this amount may be pledged to retire any indebtedness.

Hlstory.-§1, ch. 65-306; §§10, 22, 28, 35, ch. 69-106; §4, ch. 70-155 .

CHAPTER 266

HISTORIC PRESERVATION, ETC., BOARDS OF TRUSTEES

PART I HISTORIC ST. AUGUSTINE PRESERVATION BOARD OF TRUSTEES

PART II HISTORIC PENSACOLA PRESERVATION BOARD OF TRUSTEES

PART III HISTORIC TALLAHASSEE PRESERVATION BOARD OF TRUSTEES

266.01 Historic St. Augustine Preservation Board of Trustees; creation.

266.02 Definitions. 266.03 Membership; terms of office, etc. 266.04 Organization, meetings, records. 266.05 Treasurer. 266.06 Powers. 266.07 Appropriation.

266.01 Historic St. Augustine Preservation Board of Trustees; creation.-There is created within the department of state the Historic St. Augustine Preservation Board of Trustees, a body corporate, the purpose and function of which shall be to acquire, restore, preserve, maintain, reconstruct, reproduce and operate for the use, benefit, education, recreation, en­joyment, and general welfare of the people of this state and nation certain ancient or historic landmarks, sites, cemeteries, graves, military works, monuments, locations, remains, buildings, and other objects of historical or antiquarian interest of the City of St. Augus­tine, Florida, and surrounding territory.

History.-!!, ch. 59-521 ; §§10, 35, ch. 69-106; §1, ch. 70-160.

266.02 Definitions.-Unless otherwise clear­ly indicated, the following words when used in this part shall have the following meanings:

(1) "Board"-the Historic St. Augustine Preservation Board of Trustees of the depart­ment of state;

(2) "Facilities"-historic sites, objects, and facilities for exhibition owned, rented, leased, managed, or operated by the board;

(3) "Slum"-any areas where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitary facilities, or any combination of these factors, are detri­mental to health, safety, or morals.

History.-§2, ch. 59-521; §§10, 35, ch. 69-106; §2, ch. 70-160.

266.03 Membership; terms of office, etc.­The board of trustees shall consist of five members to be appointed by the governor not later than thirty days after July 1, 1959. Mem­bers of the original board shall be appointed for terms as follows: One for two years, two for three years and two for four years, and thereafter members shall be appointed for four year terms except appointments to fill vacan-cies for unexpired terms in which event the ap­pointment shall be for the unexpired term only. In addition to the above members, the board of trustees shall consist of two additional mem­bers who need not be residents of the state and who shall be appointed by the governor not later than thirty days after July 1, 1965. All appointments of the board shall be con­firmed by the senate. The members of the board, including the chairman, shall receive no compensation for their services but shall be entitled to be reimbursed for per diem and travel expenses incurred in the performance

PART I of their official duties as members of the board, HISTORIC ST. AUGUSTINE subject to the provisions and limitations of

PRESERVATION BOARD OF TRUSTEES §112.061. Each member shall give a surety

195

§266.03 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §266.06

bond in the sum of ten thousand dollars exe­cuted by a surety company authorized to do business in this state, payable to the governor and his successors in office, and conditioned upon the faithful performance of his duties.

Hlstory.- §3, ch. 59-521 ; §1, ch . 65-20; §3, ch. 70-160.

266.04 Organization, meetings, records.­Not later than fifteen days after the appoint­ment of its membership and annually there­after, the board shall hold an organizational meeting at which it shall elect from its mem­bership a chairman, a vice-chairman, and. a secretary-treasurer. No business shall be trans­acted by the board except at a regularly called meeting at which a quorum is present and the minutes thereof recorded. Permanent records shall be maintained which shall reflect all official transactions of the board.

History.-§4, ch . 59- 521; §4, ch . 70-160.

266.05 Treasurer.-The state treasurer shall be the ex officio treasurer of the board and shall have the custody of all of its funds, to be kept in a special account. All receipts and disbursements of the board shall be han­dled subject to the same Jaws, rules, and reg­ulations as other state funds are handled.

H istory.- §5, ch. 59-521 ; §5, ch . 70-160 .

266.06 Powers.-The board shall be the governing body and have power:

(1) To adopt a seal and alter the same at pleasure;

(2) To contract and be contracted with, to sue and be sued, to plead and be impleaded in all courts of law and equity;

(3) To exercise any power not in conflict with the constitution and laws of the state or the United States which is usually possessed by private corporations or public agencies per­forming comparable functions;

(4) To establish an office at or near the City of St. Augustine for the conduct of its affairs;

(5) To acquire, hold, rent, lease, and dis­pose of real and personal property or any in­terest therein for its authorized purpose;

(6) To own, operate, maintain, repair and improve its facilities wherever located;

(7) To acquire in its own name by pur­chase, grant, devise, gift, or lease, on such terms and conditions and in such manner as it may deem necessary or expedient, or by con­demnation, except as otherwise herein pro­vided, in accordance with and subject to state law applicable to condemnation of property for public use, real property or rights or ease­ments therein or franchises necessary or con­venient for its purposes and to use the same so long as its existence shall continue and to lease or make contracts with respect to the use or disposal of same, or any part thereof, in any manner deemed by the board to be in its best interest but only for the purposes for which it is created. No property shall be acquired under the provisions of this part upon which any lien or other encumbrance

exists, unless at the time said property is so acquired, a sufficient sum of money be de­posited in trust to pay and redeem such lien or encumbrance; nor shall any property be acquired hereunder by condemnation which is owned by a church, a cemetery association, or which is presently used as a historical attraction;

(8) To demolish, clear or remove buildings from any slum area; such work or undertaking may embrace the adaption of such area to public purposes, including parks or other recreational or community R_IJ.rposes; or to provide decent, safe and sanitary urban or rural dwellings, apartments or other living ac­commodations for persons of low income; such work or undertaking may include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, streets, sewers, water services, parks, site preparation, gardening, ad­ministrative, community, health, recreational, educational, welfare or other purposes; or to accomplish a combination of the foregoing. To plan buildings and improvements, to acquire property, to demolish existing structures, to construct, reconstruct, alter and repair im­provements and all other work in connection therewith;

(9) To employ and dismiss at pleasure con­sulting engineers, architects, superintendents or managers, accountants, inspectors and at­torneys and such other employees as may be deemed necessary and to prescribe their pow­ers and duties and to fix their compensation;

(10) To acquire from the City of St. Au­gustine, St. Johns County, the state, the United States, any state thereof, or any foreign country or colony, any existing property, real or personal now owned by it or hereafter ac­quired, suitable for the uses of the board, and to improve, operate and maintain the same for the purpose herein stated or to act as trustee for any such property under such terms and conditions as the owner may prescribe;

(11) To enter into contracts with the City of St. Augustine or St. Johns County for the purpose of providing police and fire protec­tion, water, sanitation and other public serv­ices deemed necessary or expedient and said municipality and county are authorized to en­ter into such contracts;

(12) To contract with any agency of the state or the federal government, the City of St. Augustine, County of St. Johns, or any firm or corporation upon such terms and con­ditions as the board finds in its best interest, with respect to the establishment, construc­tion, operation, and financing of the facilities of the board in or near the City of St. Au­gustine, St. Johns County;

(13) To make and enter into all contracts or agreements, with or without competitive bidding as the board may determine, which are necessary, expedient, or incidental to the performance of its duties or the execution of

196

§266.06 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §266.104

its powers under this law; (14) To engage in any lawful business or

activity deemed by it necessary or useful in the full exercise of its powers to establish, finance, maintain, and operate the facilities contemplated by this law, including :

(a) The renting or leasing for revenue of any land, improved or restored real estate, or personal property directly related to carry­ing out the purposes for which the board is created;

(b) The selling of craft products created through the operation and demonstration of historical museums, craftshops and other fa­cilities; and

(c) The limited sale of merchandise re­lating to the historical and antiquarian period of St. Augustine, Florida, and surrounding ter­ritory.

(15) To fix and collect charges for admis­sion to any of the facilities operated and main­tained by the board under the provisions of this part and to adopt and enforce reasonable rules and regulations to govern the conduct of the visiting public;

(16) To borrow money for any of its au­thorized purposes and for expenses incidental thereto, including expenses incurred during the period of organization, restoration, and construction prior to the operation of the fa­cilities of the board and to issue negotiable revenue certificates payable solely from rev­enue accruing from the operation of such fa­cilities and from authorized activities inci­dental thereto;

(17) To perform all lawful acts necessary and convenient and incident to effectuating its function and purpose.

History.-§6, ch. 59-521; §1, ch . 70-62 ; §6, ch. 70-160 ; §1, ch. 70-439 .

266.07 Appropriation.-The board of coun­ty commissioners of St. Johns County and the City of St. Augustine are hereby au­thorized to appropriate annually from such funds as may be available an aggregate amount of fifty thousand dollars to be used by said board in defraying part of the cost incurred by it in carrying out the purposes of this part.

History .-§7, ch. 59-521; §22, ch. 69-353; §7, ch. 70-160.

PART II

HISTORIC PENSACOLA PRESERVATION BOARD OF TRUSTEES

266.101 Historic Pensacola Preservation Board of Trustees.

266.102 Definitions. 266.103 Membership; terms; compensation;

bond. 266.104 Organization; records. 266.105 Treasurer; finances. 266.106 Powers of the board of trustees. 266.107 Powers of governing body of City of

Pensacola; Architectural Review Board.

266.108 Appropriation.

266.101 Historic Pensacola Preservation Board of Trustees.-There is created within the department of state the Historic Pensa­cola Preservation Board of Trustees, a body corporate, the purpose and function of which shall be to acquire, restore, preserve, main­tain, reconstruct, reproduce, and operate for the use, benefit, education, recreation, enjoy­ment, and general welfare of the people of this state and nation certain ancient or historic landmarks, sites, cemeteries, graves, military works , monuments, locations, remains, build­ings, and other objects of historical or anti­quarian interest of the City of Pensacola and surrounding areas. The selection for acquisi­tion, restoration, preservation, maintenance, reconstruction, reproduction, and operation shall be made by the board based on criteria of historical evaluation as established by the national trust for historic preservation.

Hlstory.-§1, ch. 67-303; §§10, 35, ch. 69-106; §1, ch. 70-156.

266.102 Definitions. - Unless otherwise clearly indicated, the following words when used in this part shall have the following meanings:

( 1) "Board" shall mean the Historic Pensa­cola Preservation Board of Trustees of the de­partment of state.

(2) "Facilities" shall include historic sites, objects, and landmarks for exhibition, owned, leased, managed, or operated by the board.

Hlstory.-§2, ch . 67-303; §§10, 35, ch. 69-106; §2, ch. 70-156.

266.103 Membership; terms; compensation; bond.-

(1) The board of trustees shall consist of seven members to be appointed by the governor not later than thirty days after the effective date of this part and confirmed by the state senate. Members of the original board shall be appointed for terms as follows: Two for two years; two for three years; and three for four years; thereafter, members shall be ap­pointed for four year terms except for appoint­ments to fill vacancies f pr unexpired terms, in which event the appointment shall be for the unexpired term only.

(2) Board members shall possess an ac­tive interest in the historical aspects of Pen­sacola and the surrounding area. The mem­bers of the board, including the chairman, shall receive no compensation for their serv­ices but shall be entitled to be reimbursed for per diem and travel expenses incurred in the performance of their official duties as mem­bers of the board, subject to the provisions and limitations of §112.061. Each member shall give a surety bond in the sum of five thousand dollars, executed by a surety company au­thorized to do business in this state, payable to the governor and his successors in office, and conditioned upon the faithful perform­ance of his duties; the cost of each such bond shall be borne by the board.

Hlstory.-§3, ch. 67-303 ; §3, ch. 70-156.

266.104 Organization; records. - Within fifteen days after the appointment of its mem-

197

§266.104 1970 SUPPLEMENT TO FLORIDA STATUTES, 1969 §266.106

bership and annually thereafter, the board shall hold an organizational meeting at which it shall elect from its membership a chairman, a vice-cha irman, and secretary-treasurer. No business shall be transacted by the board ex­cept at a regular or specially called meeting at which a quorum is present and the minutes thereof recorded. Permanent records shall be maintained which shall reflect all official transactions of the board.

History.-§4, ch . 67-303; §4, ch . 70-156.

266.105 Treasurer; finances.-The state treasurer shall be the ex officio treasurer of the board and shall have the custody of all its funds to be kept in a special account. All receipts and disbursements of the board shall be handled subject to the same laws, rules, and regulations as other state funds are handled.

History.-§5, ch . 67- 303; §5, ch. 70-1 56.

266.106 Powers of the board of trustees.­The board shall be the governing body and have the power:

(1) To adopt a seal and alter the same at pleasure;

(2 ) To contract and be contracted with, to sue and be sued and to plead and be impleaded in all courts of law and equity;

(3) To exercise any power not in conflict with the constitution of the state or United States which is usually possessed by private corporations or public agencies performing comparable functions;

( 4) To establish an office at or near the City of Pensacola for the conduct of its affairs;

(5) To acquire, hold, lease and dispose of real and personal property or any interest therein for its authorized purpose;

(6) To plan buildings and improvements, to demolish existing structures, to construct and reconstruct, alter, repair and improve the facilities wherever located;

(7) To acquire in its own name, by pur­chase, grant, devise, gift, or lease, on such terms and conditions and in such manner as it may deem necessary or expedient; or by co.n­demnation except as otherwise herein pro­vided, in accordance with and subject to the state law applicable to condemnation of prop­erty for public use, real property or rights or easements therein or franchises necessary or convenient for its purposes and to use the same so long as its existence shall continue and to lease or make contracts with respect to the use or disposal of the same or any part thereof, in any manner deemed by it to be in the best interest of the board, but only for the purposes for which it is created. No property shall be acquired under the provisions of this part upon which any lien or other encum­brance exists, unless at the time said property is so acquired, a sufficient sum of money is to be deposited in trust to pay and redeem such lien or encumbrance; nor shall any property be acquired hereunder by condemnation which is owned by a church or a cemetery associa-

tion or is presently used as a historical at­traction;

(8) To employ and dismiss at pleasure con­s ulting engineers, architects, superintendents or managers, accountants, inspectors and at­torneys and such other employees as may be deemed necessary and to prescribe their pow­ers and duties and to fix their compensation;

(9) To draft a historical plan of develop­ment for the City of Pensacola and surround­ing area, and the board shall have the au­thority to recommend to the governing body of the City of Pensacola the creation of a historical district or districts which shall in­clude any section or sections of the city con­taining buildings, landmarks, sites, or facil­ities of historical value and having an overall atmosphere of architectural or historical dis­tinction, or both. Such facilities having his­torical value shall be designated by the board, based on criteria of historical evaluation as established by the national trust for historic preservation or any other recognized profes­sional historical group.

(10) To acquire from the City of Pensa­cola, Escambia County, the state, the United States or any state thereof, or any foreign country or colony any existing property, real or personal, now owned by it or hereafter ac­quired, suitable for the uses of the board and to improve, operate and maintain the same for the purposes herein stated or to act as trustee for any such property under such terms and conditions as the owner may prescribe;

(11) To enter into contracts with the City of Pensacola or Escambia County for the pur­poses of providing police and fire protection, water, sanitation and other public services deemed necessary or expedient and said muni­cipality and county are authorized to enter into such contracts;

(12) To contract with any agency of the state, the federal government, the City of Pensacola, the County of Escambia, or any firm or corporation upon such terms and con­ditions as the board finds in its best interest, with respect to the establishment, construc­tion, operation, and financing of the facilities of the board in or near the City of Pensacola, Escambia County;

(13 ) To make and enter into all contracts or agreements with private individuals, cor­porations, organizations, historical societies, and others with reference to facilities; and to enter into contracts and agreements, with or without competitive bidding as the board may determine, which are necessary, expedient, or incidental to the performance of its duties or the execution of its powers under this part;

(14) To engage in any lawful business or activity deemed by it necessary or useful in the full exercise of its powers to establish, finance, maintain, and operate the facilities contemplated by this part, including:

(a ) The renting or leasing for revenue of any land, improved or restored real estate, or personal property directly related to carrying

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