CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 1066
Amendment No.
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4
5
6
7
8
9
10
11 Senator Sullivan moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
15
16 and insert:
17 Section 1. Subsections (1), (2), (5), and (6) of
18 section 228.0561, Florida Statutes, 1998 Supplement, are
19 amended to read:
20 228.0561 Charter schools capital outlay funding.--
21 (1) In each year in which funds are appropriated for
22 charter school capital outlay purposes from the Public
23 Education Capital Outlay and Debt Service Trust Fund for
24 charter schools, the Commissioner of Education shall allocate
25 the funds among eligible charter schools. To be eligible for
26 a funding allocation, a charter school must meet the
27 provisions of subsection (6), must have received final
28 approval from its sponsor pursuant to s. 228.056 for operation
29 during that fiscal year, and must serve students in facilities
30 that are not provided by the charter school's sponsor, and
31 must be fiscally stable. Fiscal stability may be documented by
1
10:20 AM 04/26/99 s1066c1c-22j02
SENATE AMENDMENT
Bill No. CS for SB 1066
Amendment No.
1 a statement from the school's sponsor, the school's most
2 recent financial audit, or verification by a certified public
3 accountant. Prior to the release of capital outlay funds to a
4 school district on behalf of the charter school, the
5 Department of Education shall ensure that the district school
6 board and the charter school governing board enter into a
7 written agreement that includes provisions for the reversion
8 of any unencumbered funds and all equipment and property
9 purchased with public education funds to the ownership of the
10 district school board, as provided for in subsection (3)
11 attaching a lien to property that has been improved through
12 the use of these funds, in the event that the school
13 terminates operations. Any funds recovered by the state shall
14 be deposited in the General Revenue Fund Public Education
15 Capital Outlay and Debt Service Trust Fund. A charter school
16 is not eligible for a funding allocation if it was created by
17 the conversion of a public school and operates in facilities
18 provided by the charter school's sponsor for a nominal fee or
19 at no charge. Unless otherwise provided in the General
20 Appropriations Act, the Commissioner of Education shall
21 allocate funds for charter school capital outlay purposes
22 among eligible charter schools based upon documented capital
23 outlay needs. If the funds appropriated are not sufficient to
24 meet all documented needs, the commissioner shall prorate
25 funds among eligible charter schools based upon the relative
26 magnitude and nature of their documented capital outlay needs.
27 The commissioner shall establish procedures for documenting
28 the magnitude and nature of each eligible charter school's
29 capital outlay needs and the criteria for evaluating relative
30 need. To document and determine relative capital outlay needs,
31 the commissioner may request and consider the academic
2
10:20 AM 04/26/99 s1066c1c-22j02
SENATE AMENDMENT
Bill No. CS for SB 1066
Amendment No.
1 programs offered; the nature and condition of the school's
2 current facilities; whether school facilities are leased,
3 lease-purchased, or owned by the charter school;
4 transportation methods and the geographic area covered;
5 current and projected student enrollment; the geographic area
6 served; proposed capital purchases or improvements; and the
7 intended contribution to improved student performance. The
8 commissioner shall specify the format and timeframes for
9 submitting this information. funding allocation for each
10 eligible charter school shall be determined by multiplying the
11 school's projected student enrollment by one-thirtieth of the
12 cost-per-student station specified in s. 235.435(6)(b) for an
13 elementary, middle, or high school, as appropriate. If the
14 funds appropriated are not sufficient, the commissioner shall
15 prorate the available funds among eligible charter schools.
16 In the first quarter of the fiscal year, funds shall be
17 distributed on the basis of projected enrollment as provided
18 in this section. The commissioner shall adjust subsequent
19 distributions as necessary to reflect each charter school's
20 actual student enrollment. The commissioner shall establish
21 the intervals and procedures for determining the projected and
22 actual student enrollment of eligible charter schools. If a
23 school district chooses to share funding for the capital
24 outlay purposes described in subsection (2) with the
25 applicable charter school or charter schools, any allocation
26 of charter school capital outlay funds from the Public
27 Education Capital Outlay and Debt Service Trust Fund
28 allocation to the charter school or charter schools shall be
29 reduced by the amount shared.
30 (2) A charter school's governing body may use charter
31 school capital outlay funds with the school board's permission
3
10:20 AM 04/26/99 s1066c1c-22j02
SENATE AMENDMENT
Bill No. CS for SB 1066
Amendment No.
1 may use funds from the Public Education Capital Outlay and
2 Debt Service Trust Fund for any capital outlay purpose that is
3 directly related to the functioning of the charter school,
4 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 (5) The annual legislative budget request of the
13 Department of Education shall include a request for capital
14 outlay funding for charter schools from the Public Education
15 Capital Outlay and Debt Service Trust Fund. The request shall
16 be based on the projected number of students to be served in
17 charter schools who meet the eligibility requirements of this
18 section.
19 (6)(a) Effective July 1, 1998, any charter school
20 which has been in continuous operation in the district in
21 which its charter was approved for at least two school years
22 immediately preceding the school year in which the school
23 seeks an appropriation from the Public Education Capital
24 Outlay and Debt Service Trust Fund shall be eligible to
25 receive funds from that trust fund. No other charter schools
26 are eligible to receive funds from the Public Education
27 Capital Outlay and Debt Service Trust Fund.
28 (b) Unless authorized otherwise by the Legislature,
29 allocation and proration of funds from the Public Education
30 Capital Outlay and Debt Service Trust Fund shall be made to
31 eligible charter schools by the Commissioner of Education in
4
10:20 AM 04/26/99 s1066c1c-22j02
SENATE AMENDMENT
Bill No. CS for SB 1066
Amendment No.
1 an amount and in a manner authorized by subsection (1), and
2 only schools eligible for such funds in this subsection shall
3 be considered "eligible charter schools" for such an
4 allocation or proration.
5 (c) There is appropriated from the Public Education
6 Capital Outlay and Debt Service Trust Fund in fiscal year
7 1998-1999 the amount of $5 million to be used for capital
8 outlay purposes of charter schools eligible under this
9 subsection and allocated or prorated in an amount and in a
10 manner authorized by this subsection. This paragraph shall be
11 repealed July 1, 1999.
12 Section 2. Subsection (7) of section 235.42, Florida
13 Statutes, 1998 Supplement, is amended to read:
14 235.42 Educational and ancillary plant construction
15 funds; Public Education Capital Outlay and Debt Service Trust
16 Fund; allocation of funds.--
17 (7) Boards and entities authorized to participate in
18 the trust fund are district school boards, the community
19 college district boards of trustees, the Trustees of the
20 Florida School for the Deaf and the Blind, the Board of
21 Regents, charter schools only if eligible pursuant to s.
22 228.0561(6), and other units of the state system of public
23 education, and other educational entities defined in s.
24 228.041 for which funds are authorized by the Legislature.
25 Section 3. This act shall take effect July 1, 1999.
26
27
28 ================ T I T L E A M E N D M E N T ===============
29 And the title is amended as follows:
30 On page 1, lines 14-19, delete those lines
31
5
10:20 AM 04/26/99 s1066c1c-22j02
SENATE AMENDMENT
Bill No. CS for SB 1066
Amendment No.
1 and insert:
2 receipt of capital outlay funds; revising the
3 allocation and proration of funds; removing
4 obsolete provisions; amending s. 235.42, F.S.,
5 relating to educational and ancillary plant
6 construction funds; removing a reference to
7 charter schools; providing an effective date.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
6
10:20 AM 04/26/99 s1066c1c-22j02