The Florida Senate

228.0561  Charter schools capital outlay funding.--

(1)  In each year in which funds are appropriated from the Public Education Capital Outlay and Debt Service Trust Fund for charter schools, the Commissioner of Education shall allocate the funds among eligible charter schools. To be eligible for a funding allocation, a charter school must meet the provisions of subsection (6), must have received final approval from its sponsor pursuant to s. 228.056 for operation during that fiscal year, and must serve students in facilities that are not provided by the charter school's sponsor. Prior to the release of capital outlay funds to the charter school, the Department of Education shall enter into a written agreement that includes provisions for attaching a lien to property that has been improved through the use of these funds, in the event that the school terminates operations. Any funds recovered by the state shall be deposited in the Public Education Capital Outlay and Debt Service Trust Fund. A charter school is not eligible for a funding allocation if it was created by the conversion of a public school and operates in facilities provided by the charter school's sponsor for a nominal fee or at no charge. Unless otherwise provided in the General Appropriations Act, the funding allocation for each eligible charter school shall be determined by multiplying the school's projected student enrollment by one-thirtieth of the cost-per-student station specified in s. 235.435(6)(b) for an elementary, middle, or high school, as appropriate. If the funds appropriated are not sufficient, the commissioner shall prorate the available funds among eligible charter schools. In the first quarter of the fiscal year, funds shall be distributed on the basis of projected enrollment as provided in this section. The commissioner shall adjust subsequent distributions as necessary to reflect each charter school's actual student enrollment. The commissioner shall establish the intervals and procedures for determining the projected and actual student enrollment of eligible charter schools. If a school district chooses to share funding for the capital outlay purposes described in subsection (2) with the applicable charter school or charter schools, any allocation from the Public Education Capital Outlay and Debt Service Trust Fund allocation to the charter school or charter schools shall be reduced by the amount shared.

(2)  A charter school's governing body with the school board's permission may use funds from the Public Education Capital Outlay and Debt Service Trust Fund for any capital outlay purpose that is directly related to the functioning of the charter school, including the:

(a)  Purchase of real property.

(b)  Construction, renovation, repair, and maintenance of school facilities.

(c)  Purchase, lease-purchase, or lease of permanent or relocatable school facilities.

(d)  Purchase of vehicles to transport students to and from the charter school.

(3)  When a charter school is nonrenewed or terminated, any unencumbered funds and all equipment and property purchased with public funds shall revert to the ownership of the district school board, as provided for in s. 228.056(10)(e) and (f). The reversion of such equipment, property, and furnishings shall focus on recoverable assets, but not on intangible or irrecoverable costs such as rental or leasing fees, normal maintenance, and limited renovations. If there are additional local issues such as the shared use of facilities or partial ownership of facilities or property, these issues shall be agreed to in the charter contract prior to the expenditure of funds.

(4)  The Commissioner of Education shall specify procedures for submitting and approving requests for funding under this section and procedures for documenting expenditures.

(5)  The annual legislative budget request of the Department of Education shall include a request for funding for charter schools from the Public Education Capital Outlay and Debt Service Trust Fund. The request shall be based on the projected number of students to be served in charter schools who meet the eligibility requirements of this section.

(6)(a)  Effective July 1, 1998, any charter school which has been in continuous operation in the district in which its charter was approved for at least two school years immediately preceding the school year in which the school seeks an appropriation from the Public Education Capital Outlay and Debt Service Trust Fund shall be eligible to receive funds from that trust fund. No other charter schools are eligible to receive funds from the Public Education Capital Outlay and Debt Service Trust Fund.

(b)  Unless authorized otherwise by the Legislature, allocation and proration of funds from the Public Education Capital Outlay and Debt Service Trust Fund shall be made to eligible charter schools by the Commissioner of Education in an amount and in a manner authorized by subsection (1), and only schools eligible for such funds in this subsection shall be considered "eligible charter schools" for such an allocation or proration.

(c)  There is appropriated from the Public Education Capital Outlay and Debt Service Trust Fund in fiscal year 1998-1999 the amount of $5 million to be used for capital outlay purposes of charter schools eligible under this subsection and allocated or prorated in an amount and in a manner authorized by this subsection. This paragraph shall be repealed July 1, 1999.

History.--s. 2, ch. 98-206.