House Bill 4135er

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  1

  2         An act relating to education; authorizing the

  3         creation of charter technical career centers;

  4         prescribing powers and duties of the

  5         Commissioner of Education, the Department of

  6         Education, participating district school

  7         boards, and community college district boards

  8         of trustees, with respect to charter technical

  9         career centers; prescribing powers and duties

10         of charter technical career centers and their

11         boards of directors; providing for funding;

12         prescribing rights and duties of employees of

13         centers and of district school board employees

14         and community college employees working at

15         charter technical career centers; providing for

16         revocation of a charter; providing for rules;

17         amending s. 121.021, F.S.; redefining the terms

18         "covered group" and "employer" with respect to

19         the Florida Retirement System to include

20         charter technical career centers; amending s.

21         121.051, F.S.; providing for optional

22         participation in the Florida Retirement System

23         by employees of charter technical career

24         centers; amending s. 121.1122, F.S.; including

25         charter technical career centers with a group

26         for the purchase of certain retirement credit;

27         amending s. 236.081, F.S.; providing for

28         calculating changes in school district funding

29         resulting from a drop in enrollment based on

30         student transfers to a charter technical career

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  1         center; providing an appropriation; providing

  2         an effective date.

  3

  4         WHEREAS, the Legislature supports a strong, prosperous

  5  economy, with a well-trained, highly qualified workforce, and

  6         WHEREAS, the Legislature continues to foster transition

  7  of WAGES participants from dependency on public funds to

  8  self-sufficiency, and

  9         WHEREAS, local economies are dependent upon maximizing

10  local workforce training and education resources, and

11         WHEREAS, the Legislature promotes more choices for

12  parents and students, but has not authorized public chartering

13  entities to encourage public or public and private

14  partnerships for workforce education and training, and

15         WHEREAS, technical career centers that operate under a

16  charter rather than under the direct supervision of a school

17  board or a community college may be able to respond more

18  rapidly to economic development and economic expansion

19  opportunities, and

20         WHEREAS, traditional education and career training

21  environments may be restricted in their flexibility to serve

22  the individual education and career training needs of

23  students, and

24         WHEREAS, charter technical career centers may be able

25  to provide more innovative approaches to workforce

26  preparation, and

27         WHEREAS, business and industry should have primary

28  input in the design and structure of all career programs and

29  services, and

30

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  1         WHEREAS, the Legislature desires to maintain and

  2  strengthen the mission of individual education and training

  3  delivery systems, NOW, THEREFORE,

  4

  5  Be It Enacted by the Legislature of the State of Florida:

  6

  7         Section 1.  (1)  AUTHORIZATION.--The Legislature finds

  8  that the establishment of charter technical career centers can

  9  assist in promoting advances and innovations in workforce

10  preparation and economic development. A charter technical

11  career center may provide a learning environment that better

12  serves the needs of a specific population group or a group of

13  occupations, thus promoting diversity and choices within the

14  public education and public postsecondary technical education

15  community in this state.  Therefore, the creation of such

16  centers is authorized as part of the state's program of public

17  education.  A charter technical career center may be formed by

18  creating a new school or converting an existing school

19  district or community college program to charter technical

20  status.

21         (2)  PURPOSE.--The purpose of a charter technical

22  career center is to:

23         (a)  Develop a competitive workforce to support local

24  business and industry and economic development.

25         (b)  Create a training and education model that is

26  reflective of marketplace realities.

27         (c)  Offer a continuum of career educational

28  opportunities using a school-to-work, tech-prep, technical,

29  academy, and magnet school model.

30         (d)  Provide career pathways for lifelong learning and

31  career mobility.


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  1         (e)  Enhance career and technical training.

  2         (3)  DEFINITIONS.--As used in this act, the term:

  3         (a)  "Charter technical career center" or "center"

  4  means a public school or a public technical center operated

  5  under a charter granted by the local school board or community

  6  college district board of trustees or a consortium, including

  7  one or more school boards and community college district

  8  boards of trustees that includes the district in which the

  9  facility is located, which is nonsectarian in its programs,

10  admission policies, employment practices, and operations and

11  is managed by a board of directors.

12         (b)  "Sponsor" means a district school board, a

13  community college district board of trustees, or a consortium

14  of one or more of each.

15         (4) CHARTER.--A sponsor may designate centers as

16  provided in this section.  An application to establish a

17  center may be submitted by a sponsor or another organization

18  that is determined, by rule of the State Board of Education,

19  to be appropriate. However, an independent school is not

20  eligible for status as a center.  The charter must be signed

21  by the governing body of the center and the sponsor, and must

22  be approved by the district school board and community college

23  board of trustees in whose geographic region the facility is

24  located.  An applicant who wishes to establish a center must

25  submit to the local school board or community college district

26  board of trustees, or a consortium of one or more of each, an

27  application that includes:

28         (a)  The name of the proposed center.

29         (b)  The proposed structure of the center, including a

30  list of proposed members of the board of directors or a

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  1  description of the qualifications for and method of their

  2  appointment or election.

  3         (c)  The workforce development goals of the center, the

  4  curriculum to be offered, and the outcomes and the methods of

  5  assessing the extent to which the outcomes are met.

  6         (d)  The admissions policy and criteria for evaluating

  7  the admission of students.

  8         (e)  A description of the staff responsibilities and

  9  the proposed qualifications of the teaching staff.

10         (f)  A description of the procedures to be implemented

11  to ensure significant involvement of representatives of

12  business and industry in the operation of the center.

13         (g)  A method for determining whether a student has

14  satisfied the requirements for graduation specified in s.

15  232.246, Florida Statutes, and for completion of a

16  postsecondary certificate or degree.

17         (h)  A method for granting secondary and postsecondary

18  diplomas, certificates, and degrees.

19         (i)  A description of and address for the physical

20  facility in which the center will be located.

21         (j)  A method of resolving conflicts between the

22  governing body of the center and the sponsor and between

23  consortium members, if applicable.

24         (k)  A method for reporting student data as required by

25  law and rule.

26         (l)  Other information required by the local school

27  board or community college district board of trustees.

28

29  Students at a center must meet the same testing and academic

30  performance standards as those established by law and rule for

31  students at public schools and public technical centers.  The


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  1  students must also meet any additional assessment indicators

  2  that are included within the charter approved by the district

  3  school board or community college district board of trustees. 

  4         (5)  APPLICATION.--An application to establish a center

  5  must be submitted by February 1 of the year preceding the

  6  school year in which the center will begin operation. The

  7  sponsor must review the application and make a final decision

  8  on whether to approve the application and grant the charter by

  9  March 1, and may condition the granting of a charter on the

10  center's taking certain actions or maintaining certain

11  conditions. Such actions and conditions must be provided to

12  the applicant in writing. The local school board or community

13  college district board of trustees is not required to issue a

14  charter to any person.

15         (6)  SPONSOR.--A district school board or community

16  college district board of trustees or a consortium of one or

17  more of each may sponsor a center in the county in which the

18  board has jurisdiction.

19         (a)  A sponsor must review all applications for centers

20  received through at least February 1 of each calendar year for

21  centers to be opened at the beginning of the sponsor's next

22  school year.  A sponsor may receive applications later than

23  this date if it so chooses. To facilitate an accurate budget

24  projection process, a sponsor shall be held harmless for FTE

25  students that are not included in the FTE projection due to

26  approval of applications after the FTE projection deadline. A

27  sponsor must, by a majority vote, approve or deny an

28  application no later than 60 days after the application is

29  received.  If an application is denied, the sponsor must,

30  within 10 days, notify the applicant in writing of the

31  specific reasons for denial, which must be based upon good


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  1  cause. Upon approval of a charter application, the initial

  2  startup must be consistent with the beginning of the public

  3  school or community college calendar for the district in which

  4  the charter is granted, unless the sponsor allows a waiver of

  5  this provision for good cause.

  6         (b)  An applicant may appeal any denial of its

  7  application to the State Board of Education within 30 days

  8  after the sponsor's denial and shall notify the sponsor of its

  9  appeal. Any response of the sponsor must be submitted to the

10  state board within 30 days after notification of the appeal.

11  The state board must, by majority vote, accept or reject the

12  decision of the sponsor no later than 60 days after an appeal

13  is filed, pursuant to state board rule. The state board may

14  reject an appeal for failure to comply with procedural rules

15  governing the appeals process, and the rejection must describe

16  the submission errors. The appellant may have up to 15 days

17  after notice of rejection to resubmit an appeal. An

18  application for appeal submitted after a rejection is timely

19  if the original appeal was filed within 30 days after the

20  sponsor's denial. The state board shall remand the application

21  to the sponsor with a written recommendation that the sponsor

22  approve or deny the application, consistent with the state

23  board's decision. The decision of the state board is not

24  subject to the provisions of chapter 120, Florida Statutes.

25         (c)  The sponsor must act upon the recommendation of

26  the State Board of Education within 30 days after it is

27  received, unless the sponsor determines by competent

28  substantial evidence that approving the state board's

29  recommendation would be contrary to law or the best interests

30  of the students or the community. The sponsor must notify the

31  applicant in writing concerning the specific reasons for its


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  1  failure to follow the state board's recommendation.  The

  2  sponsor's action on the state board's recommendation is a

  3  final action, subject to judicial review.

  4         (d)  The Department of Education may provide technical

  5  assistance to an applicant upon written request.

  6         (e)  The terms and conditions for the operation of a

  7  center must be agreed to by the sponsor and the applicant in a

  8  written contract. The sponsor may not impose unreasonable

  9  requirements that violate the intent of giving centers greater

10  flexibility to meet educational goals. The applicant and

11  sponsor must reach an agreement on the provisions of the

12  contract or the application is deemed denied.

13         (f)  The sponsor shall monitor and review the center's

14  progress towards charter goals and shall monitor the center's

15  revenues and expenditures.

16         (7) LEGAL ENTITY.--A center must organize as a

17  nonprofit organization and adopt a name and corporate seal. A

18  center is a body corporate and politic, with all powers to

19  implement its charter program. The center may:

20         (a)  Be a private or a public employer.

21         (b)  Sue and be sued, but only to the same extent and

22  upon the same conditions that a public entity can be sued.

23         (c)  Acquire real property by purchase, lease, lease

24  with an option to purchase, or gift, to use as a center

25  facility.

26         (d)  Receive and disburse funds.

27         (e)  Enter into contracts or leases for services,

28  equipment, or supplies.

29         (f)  Incur temporary debts in anticipation of the

30  receipt of funds.

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  1         (g)  Solicit and accept gifts or grants for career

  2  center purposes.

  3         (h)  Take any other action that is not inconsistent

  4  with this section and rules adopted under this section.

  5         (8)  ELIGIBLE STUDENTS.--A center must be open to all

  6  students as space is available and may not discriminate in

  7  admissions policies or practices on the basis of an

  8  individual's physical disability or proficiency in English or

  9  on any other basis that would be unlawful if practiced by a

10  public school or a community college. A center may establish

11  reasonable criteria by which to evaluate prospective students,

12  which criteria must be outlined in the charter.

13         (9)  FACILITIES.--A center may be located in any

14  suitable location, including part of an existing public school

15  or community college building, space provided on a public

16  worksite, or a public building. A center's facilities must

17  comply with the State Uniform Building Code for Public

18  Educational Facilities Construction adopted pursuant to s.

19  235.26, Florida Statutes, or with applicable state minimum

20  building codes pursuant to chapter 553, Florida Statutes, and

21  state minimum fire protection codes pursuant to s. 633.025,

22  Florida Statutes, adopted by the authority in whose

23  jurisdiction the facility is located.  If K-12 public school

24  funds are used for construction, the facility must remain on

25  the local school district's Florida Inventory of School Houses

26  (FISH) school building inventory of the local school board and

27  must revert to the local school board if the consortium

28  dissolves and the program is discontinued. If community

29  college public school funds are used for construction, the

30  facility must remain on the local community college's

31  facilities inventory and must revert to the local community


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  1  college district board if the consortium dissolves and the

  2  program is discontinued. The additional student capacity

  3  created by the addition of the center to the local school

  4  district's FISH may not be calculated in the permanent student

  5  capacity for the purpose of determining need or eligibility

  6  for state capital outlay funds while the facility is used as a

  7  center. If the construction of the center is funded jointly by

  8  K-12 public school funds and community college funds, the

  9  sponsoring entities must agree, before granting the charter,

10  on the appropriate owner and terms of transfer of the facility

11  if the charter is dissolved.

12         (10)  EXEMPTION FROM STATUTES.--

13         (a) A center must operate pursuant to its charter and

14  is exempt from all statutes of the Florida School Code except

15  provisions pertaining to civil rights and to student health,

16  safety, and welfare, or as otherwise required by law.

17         (b)  A center must comply with the Florida School Code

18  with respect to providing services to students with

19  disabilities.

20         (c)  A center must comply with the antidiscrimination

21  provisions of s. 228.2001, Florida Statutes.

22         (11)  FUNDING.--

23         (a)  Each school board and community college that

24  sponsors a charter technical career center shall pay directly

25  to the center an amount stated in the charter.  State funding

26  shall be generated for the center for its student enrollment

27  and program outcomes as provided in law.  A center is eligible

28  for funding from the Florida Workforce Development Education

29  Fund, the Florida Education Finance Program, and the Community

30  College Program Fund, depending upon the programs conducted by

31  the center.


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  1         (b)  A center may receive other state and federal aid,

  2  grants, and revenue through the local school board or

  3  community college district board of trustees.

  4         (c)  A center may receive gifts and grants from private

  5  sources.

  6         (d)  A center may not levy taxes or issue bonds, but it

  7  may charge a student tuition fee consistent with authority

  8  granted in its charter and permitted by law.

  9         (e)  A center is subject to an annual financial audit

10  in a manner similar to that of a school district or community

11  college.

12         (f)  A center must provide instruction for at least the

13  number of days required by law for other public schools or

14  community colleges, as appropriate, and may provide

15  instruction for additional days.

16         (g)  The sponsor, at the center's request, may apply to

17  the Commissioner of Education for a waiver of any requirements

18  that inhibit maximizing the use of public education funds.

19         (12)  EMPLOYEES OF A CENTER.--

20         (a)  A center may select its own employees.

21         (b)  A center may contract for services with an

22  individual, partnership, or a cooperative. Such persons

23  contracted with are not public employees.

24         (c)  If a center contracts with a public educational

25  agency for services, the terms of employment must follow

26  existing state law and rule and local policies and procedures.

27         (d)  The employees of a center may bargain

28  collectively, as a separate unit or as part of the existing

29  district collective bargaining unit, as determined by the

30  structure of the center.

31         (e)  As a public employer, a center may participate in:


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  1         1.  The Florida Retirement System upon application and

  2  approval as a "covered group" under s. 121.021(34), Florida

  3  Statutes. If a center participates in the Florida Retirement

  4  System, its employees are compulsory members of the Florida

  5  Retirement System.

  6         2.  The State Community College System Optional

  7  Retirement Program pursuant to s. 240.3195(2), Florida

  8  Statutes, if the charter is granted by a community college

  9  that participates in the optional retirement program and meets

10  the eligibility criteria of s. 121.051(2)(c), Florida

11  Statutes.

12         (f)  Teachers who are considered qualified by the

13  career center are exempt from state certification

14  requirements.

15         (g)  A public school or community college teacher or

16  administrator may take a leave of absence to accept employment

17  in a charter technical career center upon the approval of the

18  school district or community college.

19         (h)  An employee who is on a leave of absence under

20  this section may retain seniority accrued in that school

21  district or community college and may continue to be covered

22  by the benefit programs of that district or community college

23  if the center and the district school board or community

24  college board of trustees agree to this arrangement and its

25  financing.

26         (13)  BOARD OF DIRECTORS AUTHORITY.--The board of

27  directors of a center may decide matters relating to the

28  operation of the school, including budgeting, curriculum, and

29  operating procedures, subject to the center's charter.

30         (14)  ACCOUNTABILITY.--Each center must submit a report

31  to the participating school board or district community


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  1  college board of trustees by August 1 of each year.  The

  2  report must be in such form as the sponsor prescribes and must

  3  include:

  4         (a)  A discussion of progress made toward the

  5  achievement of the goals outlined in the center's charter; and

  6         (b) A financial statement setting forth by appropriate

  7  categories the revenue and expenditures for the previous

  8  school year.

  9         (15)  TERMS OF THE CHARTER.--The term of an initial

10  charter may not exceed 5 years. Thereafter, the sponsor may

11  renew a charter for a period up to 5 years.  The sponsor may

12  refuse to renew a charter or may revoke a charter if the

13  center has not fulfilled a condition imposed under the charter

14  or if the center has violated any provision of the charter.

15  The sponsor may place the center on probationary status to

16  allow the implementation of a remedial plan, after which, if

17  the plan is unsuccessful, the charter may be summarily

18  revoked.  The sponsor shall develop procedures and guidelines

19  for the revocation and renewal of a center's charter.  The

20  sponsor must give written notice of its intent not to renew

21  the charter at least 12 months before the charter expires.  If

22  the sponsor revokes a charter before the scheduled expiration

23  date, the sponsor must provide written notice to the governing

24  board of the center at least 60 days before the date of

25  termination, stating the grounds for the proposed revocation.

26  The governing board of the center may request in writing an

27  informal hearing before the sponsor within 14 days after

28  receiving the notice of revocation.  A revocation takes effect

29  at the conclusion of a school year, unless the sponsor

30  determines that earlier revocation is necessary to protect the

31  health, safety, and welfare of students.  The sponsor shall


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  1  monitor and review the center in its progress towards the

  2  goals established in the charter and shall monitor the

  3  revenues and expenditures of the center.

  4         (16)  TRANSPORTATION.--The center may provide

  5  transportation, pursuant to chapter 234, Florida Statutes,

  6  through a contract with the district school board or the

  7  community college district board of trustees, a private

  8  provider, or parents of students.  The center must ensure that

  9  transportation is not a barrier to equal access for all

10  students in grades K-12 residing within a reasonable distance

11  of the facility.

12         (17)  IMMUNITY.--For the purposes of tort liability,

13  the governing body and employees of a center are governed by

14  s. 768.28, Florida Statutes.

15         (18)  RULES.--The State Board of Education shall adopt

16  rules, pursuant to chapter 120, Florida Statutes, relating to

17  the implementation of charter technical career centers.

18         (19)  EVALUATION; REPORT.--The Commissioner of

19  Education shall provide for an annual comparative evaluation

20  of charter technical career centers and public technical

21  centers.  The evaluation may be conducted in cooperation with

22  the sponsor, through private contracts, or by department

23  staff.  At a minimum, the comparative evaluation must address

24  the demographic and socioeconomic characteristics of the

25  students served, the types and costs of services provided, and

26  the outcomes achieved.  By December 30 of each year, the

27  Commissioner of Education shall submit to the Governor, the

28  President of the Senate, the Speaker of the House of

29  Representatives, and the Senate and House committees that have

30  responsibility for secondary and postsecondary career

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  1  education a report of the comparative evaluation completed for

  2  the previous school year.

  3         Section 2.  Subsections (10) and (34) of section

  4  121.021, Florida Statutes, are amended to read:

  5         121.021  Definitions.--The following words and phrases

  6  as used in this chapter have the respective meanings set forth

  7  unless a different meaning is plainly required by the context:

  8         (10)  "Employer" means any agency, branch, department,

  9  institution, university, institution of higher education, or

10  board of the state, or any county agency, branch, department

11  board, district school board, or special district of the

12  state, or any city of the state which participates in the

13  system for the benefit of certain of its employees, or a

14  charter school or charter technical career center that

15  participates as provided in s. 121.051(2)(d).

16         (34)  "Covered group" means the officers and employees

17  of an employer who become members under this chapter. "Covered

18  group" applies also when the employer is a charter technical

19  career center, charter school, special district, or city for

20  which coverage under this chapter is applied for by the

21  employer and approved for social security coverage by the

22  United States Secretary of Health and Human Services and

23  approved by the administrator for membership under this

24  chapter. Members of a firefighters' pension trust fund or a

25  municipal police officers' retirement trust fund, established

26  in accordance with chapter 175 or chapter 185, respectively,

27  shall be considered eligible for membership under this chapter

28  only after holding a referendum and by affirmative majority

29  vote electing coverage under this chapter.

30         Section 3.  Paragraphs (c) and (d) of subsection (2) of

31  section 121.051, Florida Statutes, are amended to read:


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  1         121.051  Participation in the system.--

  2         (2)  OPTIONAL PARTICIPATION.--

  3         (c)  Employees of members of the State Community

  4  College System or charter technical career centers sponsored

  5  by members of the State Community College System, as

  6  designated in s. 240.3031, who are members of the Regular

  7  Class of the Florida Retirement System and who comply with the

  8  criteria set forth in this paragraph and in s. 240.3195 may

  9  elect, in lieu of participating in the Florida Retirement

10  System, to withdraw from the Florida Retirement System

11  altogether and participate in a lifetime monthly annuity

12  program, to be known as the State Community College System

13  Optional Retirement Program, which may be provided by the

14  employing agency under s. 240.3195. Pursuant thereto:

15         1.  The cost to the employer for such annuity shall

16  equal the normal cost portion of the employer retirement

17  contribution which would be required if the employee were a

18  member of the Regular Class, plus the portion of the

19  contribution rate required by s. 112.363(8) that would

20  otherwise be assigned to the Retiree Health Insurance Subsidy

21  Trust Fund, and less an amount approved by the employer to

22  provide for the administration of the optional retirement

23  program.  The employer providing such annuity shall contribute

24  an additional amount to the Florida Retirement System Trust

25  Fund equal to the unfunded actuarial accrued liability portion

26  of the Regular Class contribution rate.

27         2.  The decision to participate in such an optional

28  retirement program shall be irrevocable for as long as the

29  employee holds a position eligible for participation.  Any

30  service creditable under the Florida Retirement System shall

31  be retained after the member withdraws from the Florida


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  1  Retirement System; however, additional service credit in the

  2  Florida Retirement System shall not be earned while a member

  3  of the optional retirement program.

  4         3.  Participation in an optional annuity program shall

  5  be limited to those employees who satisfy the following

  6  eligibility criteria:

  7         a.  The employee must be otherwise eligible for

  8  membership in the Regular Class of the Florida Retirement

  9  System, as provided in s. 121.021(11) and (12).

10         b.  The employee must be employed in a full-time

11  position classified in the Accounting Manual for Florida's

12  Public Community Colleges as:

13         (I)  Instructional; or

14         (II)  Executive Management, Instructional Management,

15  or Institutional Management, if a community college determines

16  that recruiting to fill a vacancy in the position is to be

17  conducted in the national or regional market, and:

18         (A)  The duties and responsibilities of the position

19  include either the formulation, interpretation, or

20  implementation of policies; or

21         (B)  The duties and responsibilities of the position

22  include the performance of functions that are unique or

23  specialized within higher education and that frequently

24  involve the support of the mission of the community college.

25         c.  The employee must be employed in a position not

26  included in the Senior Management Service Class of the Florida

27  Retirement System, as described in s. 121.055.

28         4.  Participants in the program are subject to the same

29  reemployment limitations, renewed membership provisions, and

30  forfeiture provisions as are applicable to regular members of

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  1  the Florida Retirement System under ss. 121.091(9), 121.122,

  2  and 121.091(5), respectively.

  3         5.  Eligible community college employees shall be

  4  compulsory members of the Florida Retirement System until,

  5  pursuant to the procedures set forth in s. 240.3195, the first

  6  day of the next full calendar month following the filing of

  7  both a written election to withdraw and a completed

  8  application for an individual contract or certificate with the

  9  program administrator and receipt of such election by the

10  division.

11         (d)  The governing body of a charter school or a

12  charter technical career center may elect to participate in

13  the system upon proper application to the  administrator and

14  shall cover its units as approved by the Secretary of Health

15  and Human Services and the administrator. Once this election

16  is made and approved, it may not be revoked, and all present

17  officers and employees selecting coverage under this chapter

18  and all future officers and employees shall be compulsory

19  members of the Florida Retirement System.

20         Section 4.  Section 121.1122, Florida Statutes, is

21  amended to read:

22         121.1122  Purchase of retirement credit for in-state

23  public service and in-state service in accredited nonpublic,

24  nonsectarian schools and colleges, including charter schools

25  and charter technical career centers.--Effective January 1,

26  1998, a member of the Florida Retirement System may purchase

27  creditable service for periods of certain public or nonpublic,

28  nonsectarian employment performed in this state, as provided

29  in this section.

30         (1)  PURCHASE OF RETIREMENT CREDIT AUTHORIZED.--Subject

31  to the provisions of subsections (2) and (3), a member of the


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  1  Florida Retirement System may purchase up to 5 years of

  2  retirement credit for:

  3         (a)  Periods of public employment in this state; or

  4         (b)  Periods of employment in charter schools or

  5  charter technical career centers or in any nonpublic,

  6  nonsectarian school or college in this state that is

  7  accredited by the Southern Association of Colleges and

  8  Schools.

  9

10  Credit for 1 year of such service may be purchased for each

11  year of creditable service a member completes under the

12  Florida Retirement System.

13         (2)  LIMITATIONS AND CONDITIONS.--

14         (a)  A member is not eligible to receive credit for

15  in-state service under this section until he or she has

16  completed 10 years of creditable service under the Florida

17  Retirement System, excluding service purchased under this

18  section and out-of-state service claimed and purchased under

19  s. 121.1115.

20         (b)  A member may not purchase and receive credit for

21  more than 5 years of creditable service aggregated under the

22  provisions of this section and s. 121.1115.

23         (c)  Service credit claimed under this section shall be

24  credited only as service in the Regular Class of membership

25  and shall be subject to the provisions of s. 112.65.

26         (d)  A member shall be eligible to receive service

27  credit for in-state service performed after leaving the

28  Florida Retirement System only upon returning to membership

29  and completing at least 1 year of creditable service in the

30  Florida Retirement System following the in-state service.

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  1         (e)  The service claimed must have been service covered

  2  by a retirement or pension plan provided by the employer.

  3         (3)  COST.--The cost to purchase retirement credit

  4  under this section shall be calculated in the same manner as

  5  set forth in s. 121.1115(2) for purchase of credit for

  6  out-of-state service.

  7         Section 5.  Subsection (7) of section 236.081, Florida

  8  Statutes, is amended to read:

  9         236.081  Funds for operation of schools.--If the annual

10  allocation from the Florida Education Finance Program to each

11  district for operation of schools is not determined in the

12  annual appropriations act or the substantive bill implementing

13  the annual appropriations act, it shall be determined as

14  follows:

15         (7)  DECLINE IN FULL-TIME EQUIVALENT STUDENTS.--In

16  those districts where there is a decline between prior year

17  and current year unweighted FTE students, 50 percent of the

18  decline in the unweighted FTE students shall be multiplied by

19  the prior year calculated FEFP per unweighted FTE student and

20  shall be added to the allocation for that district.  For this

21  purpose, the calculated FEFP shall be computed by multiplying

22  the weighted FTE students by the base student allocation and

23  then by the district cost differential.  If a district

24  transfers a program to another institution not under the

25  authority of the district's school board, including a charter

26  technical career center, the decline is to be multiplied by a

27  factor of 0.15.

28         Section 6.  There is hereby appropriated from the

29  General Revenue Fund the sum of $3 million, for FY 1998-99, as

30  a grant and aid to Daytona Beach Community College for

31  planning and design costs for a charter technical career


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  1  center which will serve Volusia and Flagler County students in

  2  grades eleven through fourteen on a model basis.

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

  4  law.

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