Senate Bill 1996e1
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A bill to be entitled
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An act relating to charter schools; amending s.
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228.056, F.S.; providing for recognition as
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public schools; revising requirements relating
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to proposals; providing for appeal of disputes
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and requiring mediation services; revising
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limitations on the number of schools; revising
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provisions relating to eligible students;
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providing for operation by a nonprofit
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organization; deleting certain restrictions on
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holding charter contracts; revising provisions
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relating to charter terms; providing for public
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employee status; providing requirements
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relating to employees; revising requirements
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relating to student transportation; revising
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administrative fee provisions and requiring
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certain administrative and educational
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services; revising provisions relating to
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charter school use of certain facilities or
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property; providing for certain purchasing;
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authorizing charter schools-in-the-workplace;
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providing requirements and tax exemption;
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creating s. 228.0561, F.S.; providing for the
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distribution of funds from the Charter Schools
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Capital Outlay Trust Fund; providing
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eligibility requirements; providing for the
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recovery of funds; providing duties of the
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Commissioner of Education; authorizing the use
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of funds for certain capital outlay purposes of
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charter schools; requiring a legislative budget
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request for appropriations from the Charter
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Schools Capital Outlay Trust Fund; providing
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effective dates.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsections (1), (3), (5), (7), and (12),
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paragraph (f) of subsection (4), paragraphs (a) and (c) of
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subsection (6), paragraph (h) of subsection (8), paragraphs
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(a) and (b) of subsection (9), and paragraphs (c), (e), (f),
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(g), and (h) of subsection (13) of section 228.056, Florida
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Statutes, as amended by chapter 97-384, Laws of Florida, are
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amended, and subsection (22) is added to said section, to
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read:
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228.056 Charter schools.--
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(1) AUTHORIZATION.--The creation of charter schools is
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hereby authorized. Charter schools shall be part of the
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state's program of public education. All charter schools in
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Florida are fully recognized as public schools. A charter
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school may be formed by creating a new school or converting an
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existing public school to charter status.
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(3) PROPOSAL.--A proposal for a new charter school may
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be made by an individual, teachers, parents, a group of
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individuals, a municipality, or a legal entity organized under
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the laws of this state. The district school board or the
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principal, teachers, and/or the school advisory council at an
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existing public school, including a public
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school-within-a-school that is designated as a school by the
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district school board, shall submit any proposal for
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converting the school to a charter school. An application
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submitted proposing to convert an existing public school to a
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charter school shall demonstrate the support of at least 50
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percent of the teachers employed at the school and 50 percent
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of the parents voting whose children are enrolled at the
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school. A private school, parochial school, or home education
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program shall not be eligible for charter school status.
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(4) SPONSOR.--A district school board may sponsor a
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charter school in the county over which the board has
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jurisdiction.
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(f) The terms and conditions for the operation of a
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charter school shall be set forth by the sponsor and the
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applicant in a written contractual agreement. The sponsor
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shall not impose unreasonable rules or regulations that
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violate the intent of giving charter schools greater
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flexibility to meet educational goals. The applicant and
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sponsor shall have 6 months in which to mutually agree to the
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provisions of the contract. With the exception of a charter
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school application denial, all disputes, subsequent to the
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approval of a charter application, involving this section may
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be appealed to an administrative law judge appointed by the
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Division of Administrative Hearings. The administrative law
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judge may rule on issues of equitable treatment of the charter
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school as a public school, on whether proposed provisions of
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the contract violate the intended flexibility granted charter
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schools by statute, or on any other matter regarding this
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section. The Department of Education shall provide mediation
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services prior to the appeal for a hearing, upon request of
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either party. If, after 6 months, the contract is still
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pending, the application is deemed denied.
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(5) NUMBER OF SCHOOLS.--The number of newly created
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charter schools or existing public schools which may convert
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to charter schools is limited to no more than 28 in each
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school district that has 100,000 or more students, no more
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than 20 in each school district that has 50,000 to 99,999
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students, and no more than 12 in each school district with
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fewer than 50,000 students. limited to no more than seven in
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each school district that has 100,000 or more students, no
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more than five charter schools in each school district that
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has 50,000 to 99,999 students, and no more than three charter
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schools in each school district that has fewer than 50,000
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students. The number of newly created charter schools shall
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be limited to no more than seven charter schools in each
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school district that has 100,000 or more students, no more
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than five charter schools in each school district that has
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50,000 to 99,999 students, and no more than three charter
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schools in each school district that has fewer than 50,000
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students. Notwithstanding any limitation in this section on
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the number of charter schools authorized for a district, any
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school board shall have the right to request an increase in
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the number of charter schools located within its district from
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the State Board of Education.
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(6) ELIGIBLE STUDENTS.--
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(a) A charter school shall be open to any student
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covered in an interdistrict agreement or residing in the
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school district in which the charter school is located. When a
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public school converts to charter status, enrollment
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preference shall be given to students who would have otherwise
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attended that public school. A charter school may give
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enrollment preference to a sibling of a student enrolled in
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the charter school or to the child of an employee of the
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charter school.
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(c) A charter school may limit the enrollment process
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only to target the following student populations:
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1. Students within specific age groups or grade
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levels.
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2. Students considered at risk of dropping out of
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school or academic failure. Such students shall include
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exceptional education students.
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3. Students enrolling in a charter
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school-in-the-workplace established pursuant to subsection
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(22).
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4. Students residing within a reasonable distance of
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the charter school, as described in paragraph (13)(c). Such
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students shall be subject to a random lottery and to the
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racial/ethnic balance provisions described in subparagraph
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(9)(a)8. or any federal provisions which require a school to
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achieve a racial/ethnic balance reflective of the community it
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serves or within the racial/ethnic range of other public
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schools in the same school district.
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(7) LEGAL ENTITY.--A charter school shall organize as,
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or be operated by, a nonprofit organization. As such, the
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charter school may be either a private or a public employer.
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As a public employer, a charter school may participate in the
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Florida Retirement System upon application and approval as a
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"covered group" under s. 121.021(34). If a charter school
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participates in the Florida Retirement System, the charter
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school employees shall be compulsory members of the Florida
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Retirement System. As either a private or a public employer, a
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charter school may contract for services with an individual or
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group of individuals who are organized as a partnership or a
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cooperative. Individuals or groups of individuals who contract
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their services to the charter school are not public employees.
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(8) REQUIREMENTS.--
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(h) No organization shall hold more than one
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elementary, one middle, and one high school charter contract
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in a school district and no more than 15 charters statewide.
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(9) CHARTER.--The major issues involving the operation
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of a charter school shall be considered in advance and written
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into the charter. The charter shall be signed by the governing
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body of the charter school and the sponsor, following a public
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hearing to ensure community input.
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(a) The charter shall address, and criteria for
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approval of the charter shall be based on:
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1. The school's mission, the students to be served,
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and the ages and grades to be included.
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2. The focus of the curriculum, the instructional
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methods to be used, and any distinctive instructional
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techniques to be employed.
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3. The current baseline standard of achievement and
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the outcomes to be achieved and the method of measurement that
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will be used.
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4. The methods used to identify the educational
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strengths and needs of students and how well educational goals
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and performance standards are met by students attending the
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charter school. Students in charter schools shall, at a
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minimum, participate in the statewide assessment program.
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5. In secondary charter schools, a method for
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determining that a student has satisfied the requirements for
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graduation in s. 232.246.
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6. A method for resolving conflicts between the
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governing body of the charter school and the sponsor.
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7. The admissions procedures and dismissal procedures,
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including the school's code of student conduct.
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8. The ways by which the school will achieve a
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racial/ethnic balance reflective of the community it serves or
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within the racial/ethnic range of other public schools in the
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same school district.
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9. The financial and administrative management of the
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school.
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10. The manner in which the school will be insured,
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including whether or not the school will be required to have
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liability insurance, and, if so, the terms and conditions
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thereof and the amounts of coverage.
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11. The term of the charter, not to exceed 3 years,
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which shall provide for cancellation of the charter if
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insufficient progress has been made in attaining the student
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achievement objectives of the charter and if it is not likely
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that such objectives can be achieved before expiration of the
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charter. The initial term of a charter shall be for 3, 4, or 5
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years.
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12. The facilities to be used and their location.
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13. The qualifications to be required of the teachers.
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14. The governance structure of the school, including
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the status of the charter school as a public or private
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employer as required in subsection (7).
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15. A timetable for implementing the charter which
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addresses the implementation of each element thereof and the
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date by which the charter shall be awarded in order to meet
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this timetable.
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16. In the case of an existing public school being
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converted to charter status, alternative arrangements for
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current students who choose not to attend the charter school
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and for current teachers who choose not to teach in the
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charter school after conversion in accordance with the
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existing collective bargaining agreement or school board
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policy in the absence of a collective bargaining agreement.
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(b) A charter may be renewed every 5 in increments of
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1, 2, or 3 school years, provided that a program review
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demonstrates that the criteria in paragraph (a) have been
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successfully accomplished by a mutual agreement of the
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parties.
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(12) EMPLOYEES OF CHARTER SCHOOLS.--
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(a) A charter school shall select its own employees. A
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charter school may contract with its sponsor for the services
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of personnel employed by the sponsor.
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(b) Charter school employees shall have the option to
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bargain collectively. Employees may collectively bargain as a
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separate unit or as part of the existing district collective
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bargaining unit as determined by the structure of the charter
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school.
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(c) The employees of a conversion charter school shall
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remain public employees for all purposes, unless such
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employees choose not to do so.
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(d)(c) The teachers at a charter school may choose to
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be part of a professional group that subcontracts with the
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charter school to operate the instructional program under the
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auspices of a partnership or cooperative that they
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collectively own. Under this arrangement, the teachers would
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not be public employees.
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(e)(d) Employees of a school district may take leave
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to accept employment in a charter school upon the approval of
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the district school board. While employed by the charter
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school and on leave that is approved by the school board, the
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employee may retain seniority accrued in that school district
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and may continue to be covered by the benefit programs of that
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school district, if the charter school and the district school
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board agree to this arrangement and its financing. School
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districts shall not require resignations of teachers desiring
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to teach in a charter school. This paragraph shall not
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prohibit a school board from approving alternative leave
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arrangements consistent with chapter 231.
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(f)(e) Teachers employed by or under contract to a
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charter school shall be certified as required by chapter 231.
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A charter school may employ or contract with skilled selected
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noncertified personnel to provide instructional services or to
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assist instructional staff members as teacher aides in the
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same manner as defined in chapter 231. A charter school may
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not employ an individual to provide instructional services or
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to serve as a teacher aide if the individual's certification
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or licensure as an educator is suspended or revoked by this or
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any other state. The qualifications of teachers shall be
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disclosed to parents.
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(g)(f) A charter school shall employ or contract with
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employees who have been fingerprinted as provided in s.
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231.02.
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(13) REVENUE.--Students enrolled in a charter school,
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regardless of the sponsorship, shall be funded as if they are
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in a basic program or a special program, the same as students
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enrolled in other public schools in the school district.
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Funding for a chartered developmental research school shall be
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as provided in s. 228.053(9).
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(c) Transportation of charter school students shall be
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provided by the charter school consistent with the
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requirements of chapter 234. The governing body of the charter
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school may provide transportation through an agreement or
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contract with the district school board, a private provider,
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or parents. The charter school and the sponsor shall cooperate
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in making arrangements that ensure that transportation is not
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a barrier to equal access for all students residing within a
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reasonable distance of the charter school as determined in its
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charter.
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(e) Any administrative fee charged by the school
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district relating to a charter school shall be limited to no
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more than the actual cost of administering the contract
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between the charter school and the school district or 5
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percent of the available funds as defined in paragraph (b),
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whichever is the lesser amount. The sponsor shall provide
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certain administrative and educational services to charter
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schools at no additional fee. These services shall include
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contract management services, FTE and data reporting,
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exceptional student education administration, test
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administration, processing of teacher certificate data, and
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information services.
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(f) School boards shall make every effort to ensure
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that charter schools receive timely and efficient
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reimbursement, including processing paperwork required to
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access special state and federal funding for which they may be
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eligible. The district school board may distribute funds to a
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charter school for up to 3 months based on the projected
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full-time equivalent student membership of the charter school.
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Thereafter, the results of full-time equivalent student
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membership surveys must be used in adjusting the amount of
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funds distributed monthly to the charter school for the
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remainder of the fiscal year. The payment shall be issued no
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later than 10 working days after the district school board
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receives a distribution of state or federal funds. If a
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warrant for payment is not issued within 30 working days after
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receipt of funding by the district school board, the school
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district shall pay to the charter school, in addition to the
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amount of the scheduled disbursement, interest at a rate of 1
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percent per month calculated on a daily basis on the unpaid
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balance from the expiration of the 30-day period until such
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time as the warrant is issued.
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(g) If a district school board facility or property is
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available because it is surplus, marked for disposal, or
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otherwise unused, it shall may be provided for a charter
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school's use on the same basis as it is made available to
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other public schools in the district. A charter school
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receiving property from the school district may not sell or
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dispose of such property without written permission of the
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school district. Similarly, for an existing public school
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converting to charter status, no rental or leasing fee for the
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existing facility or for the property normally inventoried to
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the conversion school may be charged by the district school
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board to the parents and teachers organizing the charter
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school. The charter organizers shall agree to reasonable
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maintenance provisions in order to maintain the facility in a
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manner similar to district school board standards.
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(h) If other goods and services are made available to
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the charter school through the contract with the school
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district, they shall be provided to the charter school at a
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rate no greater than the district's actual cost. To maximize
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the use of state funds, school districts shall allow charter
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schools to participate in the sponsor's bulk purchasing
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program if applicable.
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(22) CHARTER SCHOOLS-IN-THE-WORKPLACE.--
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(a) In order to increase business partnerships in
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education, to reduce school and classroom overcrowding
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throughout the state, and to offset the high costs for
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educational facilities construction, the Legislature intends
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to encourage the formation of business partnership schools or
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satellite learning centers through charter school status.
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(b) A charter school-in-the-workplace may be
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established when a business partner provides the school
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facility to be used; enrolls students based upon a random
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lottery which involves all of the children of employees of
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that business or corporation who are seeking enrollment, as
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provided for in subsection (6); and enrolls students according
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to the racial/ethnic balance provisions described in
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subparagraph (9)(a)8. Any portion of a facility used for a
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public charter school shall be exempt from ad valorem taxes,
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as provided for in s. 235.198, for the duration of its use as
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a public school.
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Section 2. Section 228.0561, Florida Statutes, is
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created to read:
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228.0561 Charter schools capital outlay funding.--
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(1) In each year in which funds are appropriated from
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the Charter Schools Capital Outlay Trust Fund, the
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Commissioner of Education shall allocate the funds among
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eligible charter schools. To be eligible for a funding
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allocation, a charter school must have received final approval
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from its sponsor pursuant to s. 228.056 for operation during
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that fiscal year and must serve students in facilities that
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are not provided by the charter school's sponsor. The
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contract between a charter school and its sponsor must contain
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a lien provision to permit the sponsor's recovery, in the
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event the school terminates operations, of funds received
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pursuant to this section that were used to renovate, repair,
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or remodel the school's facilities. A charter school is not
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eligible for a funding allocation if it was created by the
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conversion of a public school and operates in facilities
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provided by the charter school's sponsor for a nominal fee or
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at no charge. Unless otherwise provided in the General
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Appropriations Act, the funding allocation for each eligible
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charter school shall be determined by multiplying the school's
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projected student enrollment by one-thirtieth of the
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cost-per-student station specified in s. 235.435(6)(b) for an
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elementary, middle, or high school, as appropriate. If the
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funds appropriated are not sufficient, the commissioner shall
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prorate the available funds among eligible charter schools.
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In the first quarter of the fiscal year, funds shall be
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distributed on the basis of projected enrollment as provided
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in this section. The commissioner shall adjust subsequent
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distributions as necessary to reflect each charter school's
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actual student enrollment. The commissioner shall establish
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the intervals and procedures for determining the projected and
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actual student enrollment of eligible charter schools.
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(2) A charter school's governing body may use funds
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from the Charter Schools Capital Outlay Trust Fund for any
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capital outlay purpose that is directly related to the
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functioning of the charter school, including the:
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(a) Purchase of real property.
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(b) Construction, renovation, repair, and maintenance
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of school facilities.
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(c) Purchase, lease-purchase, or lease of permanent or
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relocatable school facilities.
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(d) Purchase of vehicles to transport students to and
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from the charter school.
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(3) When a charter school is nonrenewed or terminated,
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any unencumbered funds and all equipment and property
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purchased with public funds shall revert to the ownership of
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the district school board, as provided for in s.
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228.056(10)(e) and (f). The reversion of such equipment,
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property, and furnishings shall focus on recoverable assets,
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but not on intangible or irrecoverable costs such as rental or
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leasing fees, normal maintenance, and limited renovations. If
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there are additional local issues such as the shared use of
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facilities or partial ownership of facilities or property,
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these issues shall be agreed to in the charter contract prior
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to the expenditure of funds.
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(4) The Commissioner of Education shall specify
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procedures for submitting and approving requests for funding
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under this section and procedures for documenting
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expenditures.
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(5) The annual legislative budget request of the
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Department of Education shall include a request for funding
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from the Charter Schools Capital Outlay Trust Fund. The
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request shall be based on the projected number of students to
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be served in charter schools who meet the eligibility
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requirements of this section.
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Section 3. This act shall take effect upon becoming a
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law, except that section 228.0561, Florida Statutes, as
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created by this act, shall take effect July 1, 1998, only if
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Committee Substitute for Senate Bill 1184 or similar
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legislation creating a Charter Schools Capital Outlay Trust
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Fund is adopted in the same legislative session or an
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extension thereof.
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