CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for CS/SB 1996 and CS/SB 1182, 2nd Eng.

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Grant moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 12, line 18 through page 14, line 29 delete

15  those lines

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17  and insert:

18         Section 2.  Section 228.0561, Florida Statutes, is

19  created to read:

20         228.0561  Charter schools capital outlay funding.--

21         (1)  In each year in which funds are appropriated from

22  the Public Education Capital Outlay and Debt Service Trust

23  Fund for charter schools, the Commissioner of Education shall

24  allocate the funds among eligible charter schools.  To be

25  eligible for a funding allocation, a charter school must meet

26  the provisions of subsection (6), must have received final

27  approval from its sponsor pursuant to s. 228.056 for operation

28  during that fiscal year, and must serve students in facilities

29  that are not provided by the charter school's sponsor.  Prior

30  to the release of capital outlay funds to the charter school,

31  the Department of Education shall enter into a written

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                                                  SENATE AMENDMENT

    Bill No. CS for CS/SB 1996 and CS/SB 1182, 2nd Eng.

    Amendment No.    





 1  agreement that includes provisions for attaching a lien to

 2  property that has been improved through the use of these

 3  funds, in the event that the school terminates operations.

 4  Any funds recovered by the state shall be deposited in the

 5  Public Education Capital Outlay and Debt Service Trust Fund.

 6  A charter school is not eligible for a funding allocation if

 7  it was created by the conversion of a public school and

 8  operates in facilities provided by the charter school's

 9  sponsor for a nominal fee or at no charge. Unless otherwise

10  provided in the General Appropriations Act, the funding

11  allocation for each eligible charter school shall be

12  determined by multiplying the school's projected student

13  enrollment by one-thirtieth of the cost-per-student station

14  specified in s. 235.435(6)(b) for an elementary, middle, or

15  high school, as appropriate.  If the funds appropriated are

16  not sufficient, the commissioner shall prorate the available

17  funds among eligible charter schools.  In the first quarter of

18  the fiscal year, funds shall be distributed on the basis of

19  projected enrollment as provided in this section.  The

20  commissioner shall adjust subsequent distributions as

21  necessary to reflect each charter school's actual student

22  enrollment.  The commissioner shall establish the intervals

23  and procedures for determining the projected and actual

24  student enrollment of eligible charter schools.  If a school

25  district chooses to share funding for the capital outlay

26  purposes described in subsection (2) with the applicable

27  charter school or charter schools, any allocation from the

28  Public Education Capital Outlay and Debt Service Trust Fund

29  allocation to the charter school or charter schools shall be

30  reduced by the amount shared.

31         (2)  A charter school's governing body with the school

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                                                  SENATE AMENDMENT

    Bill No. CS for CS/SB 1996 and CS/SB 1182, 2nd Eng.

    Amendment No.    





 1  board's permission may use funds from the Public Education

 2  Capital Outlay and Debt Service Trust Fund for any capital

 3  outlay purpose that is directly related to the functioning of

 4  the charter school, including the:

 5         (a)  Purchase of real property.

 6         (b)  Construction, renovation, repair, and maintenance

 7  of school facilities.

 8         (c)  Purchase, lease-purchase, or lease of permanent or

 9  relocatable school facilities.

10         (d)  Purchase of vehicles to transport students to and

11  from the charter school.

12         (3)  When a charter school is nonrenewed or terminated,

13  any unencumbered funds and all equipment and property

14  purchased with public funds shall revert to the ownership of

15  the district school board, as provided for in s.

16  228.056(10)(e) and (f). The reversion of such equipment,

17  property, and furnishings shall focus on recoverable assets,

18  but not on intangible or irrecoverable costs such as rental or

19  leasing fees, normal maintenance, and limited renovations. If

20  there are additional local issues such as the shared use of

21  facilities or partial ownership of facilities or property,

22  these issues shall be agreed to in the charter contract prior

23  to the expenditure of funds.

24         (4)  The Commissioner of Education shall specify

25  procedures for submitting and approving requests for funding

26  under this section and procedures for documenting

27  expenditures.

28         (5)  The annual legislative budget request of the

29  Department of Education shall include a request for funding

30  for charter schools from the Public Education Capital Outlay

31  and Debt Service Trust Fund.  The request shall be based on

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                                                  SENATE AMENDMENT

    Bill No. CS for CS/SB 1996 and CS/SB 1182, 2nd Eng.

    Amendment No.    





 1  the projected number of students to be served in charter

 2  schools who meet the eligibility requirements of this section.

 3         (6)(a)  Effective July 1, 1998, any charter school

 4  which has been in continuous operation in the district in

 5  which its charter was approved for at least two school years

 6  immediately preceding the school year in which the school

 7  seeks an appropriation from the Public Education Capital

 8  Outlay and Debt Service Trust Fund shall be eligible to

 9  receive funds from that trust fund.  No other charter schools

10  are eligible to receive funds from the Public Education

11  Capital Outlay and Debt Service Trust Fund.

12         (b)  Unless authorized other wise by the Legislature,

13  allocation and proration of funds from the Public Education

14  Capital Outlay and Debt Service Trust Fund shall be made to

15  eligible charter schools by the Commissioner of Education in

16  an amount and in a manner authorized by subsection (1), and

17  only schools eligible for such funds in this subsection shall

18  be considered "eligible charter schools" for such an

19  allocation or proration.

20         (c)  There is appropriated from the Public Education

21  Capital Outlay and Debt Service Trust Fund in fiscal year

22  1998-1999 the amount of $5,000,000 to be used for capital

23  outlay purposes of charter schools eligible under this

24  subsection and allocated or prorated in an amount and in a

25  manner authorized by this subsection.  This paragraph shall be

26  repealed July 1, 1999.

27         Section 3.  Subsection (7) of s. 235.42, Florida

28  Statutes, is amended to read:

29         235.42  Educational and ancillary plant construction

30  funds; Public Education Capital Outlay and Debt Service Trust

31  Fund; allocation of funds.--

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                                                  SENATE AMENDMENT

    Bill No. CS for CS/SB 1996 and CS/SB 1182, 2nd Eng.

    Amendment No.    





 1         (7)  Boards and entities authorized to participate in

 2  the trust fund are district school boards, the community

 3  college district boards of trustees, the Trustees of the

 4  Florida School for the Deaf and the Blind, the Board of

 5  Regents, charter schools only if eligible pursuant to s.

 6  228.0561(6), and other units of the state system of public

 7  education, and other educational entities defined in s.

 8  228.041 for which funds are purposes authorized by the

 9  Legislature.

10         Section 4.  The sum of $13,244,151 is appropriated for

11  fiscal year 1998-1999 from the Public Education and Capital

12  Outlay Debt Service Trust Fund to the Columbia County School

13  District or the Ft. White High School.  No funds shall be

14  released for this project before the Special Facility

15  Construction Committee has approved said project.

16         Section 5.  Notwithstanding proviso immediately

17  preceding Specific Appropriation 26 of the 1998-99 General

18  Appropriations Act, funds designated for the Commission on

19  Education Reform and Accountability shall be released

20  beginning July 1, 1998, and shall be released throughout

21  fiscal year 1998-1999 based on a regular release schedule.

22         Section 6.  The Governor's Commission on Education,

23  established by Executive Order on September 10, 1996, shall be

24  dissolved on October 31, 1998.

25         Section 7.  This act shall take effect upon becoming a

26  law.

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29  ================ T I T L E   A M E N D M E N T ===============

30  And the title is amended as follows:

31         On page 2, line 1, after the semicolon

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                                                  SENATE AMENDMENT

    Bill No. CS for CS/SB 1996 and CS/SB 1182, 2nd Eng.

    Amendment No.    





 1  insert:

 2         authorizing distribution of funds to charter

 3         schools; from the Public Education Capital

 4         Outlay and Debt Service Trust Fund and

 5         establishing eligibility of charter schools for

 6         such funds; establishing an amount and manner

 7         for allocation or proration of such funds;

 8         providing an appropriation; providing for

 9         future repeal of statute; amending s. 235.42,

10         F.S.; clarifying eligibility of educational

11         boards and entities for receipt of funds from

12         the Public Education Capital Outlay and Debt

13         Service Trust Fund; providing an appropriation

14         to the Columbia County School District;

15         providing for the release of funds for the

16         Commission on Education Reform and

17         Accountability; providing for the dissolution

18         of the Governor's Commission on Education;

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