Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 996
       
       
       
       
       
       
                                Ì119110cÎ119110                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/16/2024           .                                
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       The Committee on Fiscal Policy (Burgess) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 289 - 390
    4  and insert:
    5         Section 5. Subsection (3) of section 1001.61, Florida
    6  Statutes, is amended to read:
    7         1001.61 Florida College System institution boards of
    8  trustees; membership.—
    9         (3) Members of the board of trustees shall receive no
   10  compensation but may receive reimbursement for expenses as
   11  provided in s. 112.061. A member may not do business or have any
   12  business affiliation with any institution under his or her
   13  purview in the Florida College System while he or she is a
   14  member of a Florida College System institution’s board of
   15  trustees.
   16         Section 6. Subsection (2) of section 1001.71, Florida
   17  Statutes, is amended to read:
   18         1001.71 University boards of trustees; membership.—
   19         (2) Members of the boards of trustees shall receive no
   20  compensation but may be reimbursed for travel and per diem
   21  expenses as provided in s. 112.061. A member may not do business
   22  or have any business affiliation with any institution under his
   23  or her purview in the State University System while he or she is
   24  a member of a state university’s board of trustees.
   25         Section 7. Paragraphs (d) and (e) of subsection (10) and
   26  paragraph (a) of subsection (24) of section 1002.33, Florida
   27  Statutes, are amended to read:
   28         1002.33 Charter schools.—
   29         (10) ELIGIBLE STUDENTS.—
   30         (d) A charter school may give enrollment preference to the
   31  following student populations:
   32         1. Students who are siblings of a student enrolled in the
   33  charter school.
   34         2. Students who are the children of a member of the
   35  governing board of the charter school.
   36         3. Students who are the children of an employee of the
   37  charter school.
   38         4. Students who are the children of:
   39         a. An employee of the business partner of a charter school
   40  in-the-workplace established under paragraph (15)(b) or a
   41  resident of the municipality in which such charter school is
   42  located; or
   43         b. A resident or employee of a municipality that operates a
   44  charter school-in-a-municipality pursuant to paragraph (15)(c)
   45  or allows a charter school to use a school facility or portion
   46  of land provided by the municipality for the operation of the
   47  charter school.
   48         5. Students who have successfully completed, during the
   49  previous year, a voluntary prekindergarten education program
   50  under ss. 1002.51-1002.79 provided by the charter school, the
   51  charter school’s governing board, or a voluntary prekindergarten
   52  provider that has a written agreement with the governing board.
   53         6. Students who are the children of an active duty member
   54  of any branch of the United States Armed Forces.
   55         7. Students who attended or are assigned to failing schools
   56  pursuant to s. 1002.38(2).
   57         8. Students who are the children of a safe-school officer,
   58  as defined in s. 1006.12, at the school.
   59         9. Students who transfer from a classical school in this
   60  state to a charter classical school in this state. For purposes
   61  of this subparagraph, the term “classical school” means a
   62  traditional public school or charter school that implements a
   63  classical education model that emphasizes the development of
   64  students in the principles of moral character and civic virtue
   65  through a well-rounded education in the liberal arts and
   66  sciences which is based on the classical trivium stages of
   67  grammar, logic, and rhetoric.
   68         (e) A charter school may limit the enrollment process only
   69  to target the following student populations:
   70         1. Students within specific age groups or grade levels.
   71         2. Students considered at risk of dropping out of school or
   72  academic failure. Such students shall include exceptional
   73  education students.
   74         3. Students enrolling in a charter school-in-the-workplace
   75  or charter school-in-a-municipality established pursuant to
   76  subsection (15).
   77         4. Students residing within a reasonable distance of the
   78  charter school, as described in paragraph (20)(c). Such students
   79  shall be subject to a random lottery and to the racial/ethnic
   80  balance provisions described in subparagraph (7)(a)8. or any
   81  federal provisions that require a school to achieve a
   82  racial/ethnic balance reflective of the community it serves or
   83  within the racial/ethnic range of other nearby public schools.
   84         5. Students who meet reasonable academic, artistic, or
   85  other eligibility standards established by the charter school
   86  and included in the charter school application and charter or,
   87  in the case of existing charter schools, standards that are
   88  consistent with the school’s mission and purpose. Such standards
   89  shall be in accordance with current state law and practice in
   90  public schools and may not discriminate against otherwise
   91  qualified individuals. A school that limits enrollment for such
   92  purposes must place a student on a progress monitoring plan for
   93  at least one semester before dismissing such student from the
   94  school.
   95         6. Students articulating from one charter school to another
   96  pursuant to an articulation agreement between the charter
   97  schools that has been approved by the sponsor.
   98         7. Students living in a development, or students whose
   99  parent or legal guardian maintains a physical or permanent
  100  employment presence within the development, in which a
  101  developer, including any affiliated business entity or
  102  charitable foundation, contributes to the formation,
  103  acquisition, construction, or operation of one or more charter
  104  schools or charter school facilities and related property in an
  105  amount equal to or having a total appraised value of at least $5
  106  million to be used as charter schools to mitigate the
  107  educational impact created by the development of new residential
  108  dwelling units. Students living in the development are entitled
  109  to 50 percent of the student stations in the charter schools.
  110  The students who are eligible for enrollment are subject to a
  111  random lottery, the racial/ethnic balance provisions, or any
  112  federal provisions, as described in subparagraph 4. The
  113  remainder of the student stations must be filled in accordance
  114  with subparagraph 4.
  115         8. Students whose parent or legal guardian is employed
  116  within a reasonable distance of the charter school, as described
  117  in paragraph (20)(c). The students who are eligible for
  118  enrollment are subject to a random lottery.
  119         (24) RESTRICTION ON EMPLOYMENT OF RELATIVES.—
  120         (a) This subsection applies to charter school personnel in
  121  a charter school operated by a private entity. As used in this
  122  subsection, the term:
  123         1. “Charter school personnel” means a charter school owner,
  124  president, chairperson of the governing board of directors,
  125  superintendent, governing board member, principal, assistant
  126  principal, or any other person employed by the charter school
  127  who has equivalent decisionmaking authority and in whom is
  128  vested the authority, or to whom the authority has been
  129  delegated, to appoint, employ, promote, or advance individuals
  130  or to recommend individuals for appointment, employment,
  131  promotion, or advancement in connection with employment in a
  132  charter school, including the authority as a member of a
  133  governing body of a charter school to vote on the appointment,
  134  employment, promotion, or advancement of individuals.
  135         2. “Relative” means father, mother, son, daughter, brother,
  136  sister, uncle, aunt, first cousin, nephew, niece, husband, wife,
  137  father-in-law, mother-in-law, son-in-law, daughter-in-law,
  138  brother-in-law, sister-in-law, stepfather, stepmother, stepson,
  139  stepdaughter, stepbrother, stepsister, half brother, or half
  140  sister.
  141  
  142  Charter school personnel in schools operated by a municipality
  143  or other public entity are subject to s. 112.3135.
  144         Section 8. Subsection (19) is added to s. 1002.42, Florida
  145  Statutes, to read:
  146         1002.42 Private schools.—
  147         (19) FACILITIES.—
  148         (a) A private school may use facilities on property owned
  149  or leased by a library, community service organization, museum,
  150  performing arts venue, theatre, cinema, or church facility under
  151  s. 170.201, which is or was actively used as such within 5 years
  152  of any executed agreement with a private school to use the
  153  facilities; any facility or land owned by a Florida College
  154  System institution or university; any similar public
  155  institutional facilities; and any facility recently used to
  156  house a school or child care facility licensed under s. 402.305,
  157  under any such facility’s preexisting zoning and land use
  158  designations without rezoning or obtaining a special exception
  159  or a land use change, and without complying with any mitigation
  160  requirements or conditions. The facility must be located on
  161  property used solely for purposes described in this paragraph,
  162  and must meet applicable state and local health, safety, and
  163  welfare laws, codes, and rules, including firesafety and
  164  building safety.
  165         (b) A private school may use facilities on property
  166  purchased from a library, community service organization,
  167  museum, performing arts venue, theatre, cinema, or church
  168  facility under s. 170.201, which is actively or was actively
  169  used as such within 5 years of any executed agreement with a
  170  private school to purchase the facilities; any facility or land
  171  owned by a Florida College System institution or university; any
  172  similar public institutional facilities; and any facility
  173  recently used to house a school or child care facility licensed
  174  under s. 402.305, under any such facility’s preexisting zoning
  175  and land use designations without obtaining a special exception,
  176  rezoning, or a land use change, and without complying with any
  177  mitigation requirements or conditions. The facility must be
  178  located on property used solely for purposes described in this
  179  paragraph, and must meet applicable state and local health,
  180  safety, and welfare laws, codes, and rules, including firesafety
  181  and building safety.
  182  
  183  ================= T I T L E  A M E N D M E N T ================
  184  And the title is amended as follows:
  185         Delete lines 9 - 14
  186  and insert:
  187         providing penalties; amending ss. 1001.61 and 1001.71,
  188         F.S.; prohibiting members of the board of trustees of
  189         a Florida College System institution or a state
  190         university, respectively, from doing business with or
  191         having any business affiliation with any institution
  192         under their purview during their membership; amending
  193         s. 1002.33, F.S.; providing that students who transfer
  194         from certain classical schools to certain charter
  195         classical schools may be included as a student
  196         population to whom charter schools may give enrollment
  197         preference; defining the term “classical school”;
  198         revising the list of student populations that may be
  199         targeted for enrollment by a charter school by
  200         limiting the enrollment process; revising the