Senate Bill 1066

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



    Florida Senate - 1999                                  SB 1066

    By Senator Sullivan





    22-943-99                                               See HB

  1                      A bill to be entitled

  2         An act relating to charter school capital

  3         outlay funding; amending s. 228.0561, F.S.;

  4         removing references to the Public Education

  5         Capital Outlay and Debt Service Trust Fund;

  6         specifying that funds appropriated for charter

  7         schools capital outlay purposes will be

  8         deposited in the General Revenue Fund; removing

  9         a provision related to school district sharing

10         of capital outlay funds with charter schools;

11         revising requirements relating to charter

12         school use of capital outlay funds; revising

13         eligibility requirements for charter school

14         receipt of capital outlay funds; removing

15         obsolete provisions; reenacting s. 235.42,

16         F.S., relating to educational and ancillary

17         plant construction funds, to incorporate the

18         amendment in a reference; providing an

19         effective date.

20

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

22

23         Section 1.  Subsections (1), (2), (5), and (6) of

24  section 228.0561, Florida Statutes, 1998 Supplement, are

25  amended to read:

26         228.0561  Charter schools capital outlay funding.--

27         (1)  In each year in which funds are appropriated for

28  charter school capital outlay purposes from the Public

29  Education Capital Outlay and Debt Service Trust Fund for

30  charter schools, the Commissioner of Education shall allocate

31  the funds among eligible charter schools.  To be eligible for

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






    Florida Senate - 1999                                  SB 1066
    22-943-99                                               See HB




  1  a funding allocation, a charter school must meet the

  2  provisions of subsection (6), must have received final

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

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

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

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

  7  the Department of Education shall enter into a written

  8  agreement that includes provisions for attaching a lien to

  9  property that has been improved through the use of these

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

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

12  General Revenue Fund Public Education Capital Outlay and Debt

13  Service Trust Fund.  A charter school is not eligible for a

14  funding allocation if it was created by the conversion of a

15  public school and operates in facilities provided by the

16  charter school's sponsor for a nominal fee or at no charge.

17  Unless otherwise provided in the General Appropriations Act,

18  the funding allocation for each eligible charter school shall

19  be determined by multiplying the school's projected student

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

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

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

23  not sufficient, the commissioner shall prorate the available

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

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

26  projected enrollment as provided in this section.  The

27  commissioner shall adjust subsequent distributions as

28  necessary to reflect each charter school's actual student

29  enrollment.  The commissioner shall establish the intervals

30  and procedures for determining the projected and actual

31  student enrollment of eligible charter schools.  If a school

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    Florida Senate - 1999                                  SB 1066
    22-943-99                                               See HB




  1  district chooses to share funding for the capital outlay

  2  purposes described in subsection (2) with the applicable

  3  charter school or charter schools, any allocation from the

  4  Public Education Capital Outlay and Debt Service Trust Fund

  5  allocation to the charter school or charter schools shall be

  6  reduced by the amount shared.

  7         (2)  A charter school's governing body may use charter

  8  school capital outlay funds with the school board's permission

  9  may use funds from the Public Education Capital Outlay and

10  Debt Service Trust Fund for any capital outlay purpose that is

11  directly related to the functioning of the charter school,

12  including the:

13         (a)  Purchase of real property.

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

15  of school facilities.

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

17  relocatable school facilities.

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

19  from the charter school.

20         (5)  The annual legislative budget request of the

21  Department of Education shall include a request for capital

22  outlay funding for charter schools from the Public Education

23  Capital Outlay and Debt Service Trust Fund.  The request shall

24  be based on the projected number of students to be served in

25  charter schools who meet the eligibility requirements of this

26  section.

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

28  which has been in continuous operation in the district in

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

30  immediately preceding the school year in which the school

31  seeks an appropriation from the Public Education Capital

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    Florida Senate - 1999                                  SB 1066
    22-943-99                                               See HB




  1  Outlay and Debt Service Trust Fund shall be eligible to

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

  3  are eligible to receive funds from the Public Education

  4  Capital Outlay and Debt Service Trust Fund.

  5         (b)  Unless authorized otherwise by the Legislature,

  6  allocation and proration of charter schools capital outlay

  7  funds from the Public Education Capital Outlay and Debt

  8  Service Trust Fund shall be made to eligible charter schools

  9  by the Commissioner of Education in an amount and in a manner

10  authorized by subsection (1), and only schools eligible for

11  such funds in this subsection shall be considered "eligible

12  charter schools" for such an allocation or proration.

13         (c)  There is appropriated from the Public Education

14  Capital Outlay and Debt Service Trust Fund in fiscal year

15  1998-1999 the amount of $5 million to be used for capital

16  outlay purposes of charter schools eligible under this

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

18  manner authorized by this subsection.  This paragraph shall be

19  repealed July 1, 1999.

20         Section 2.  For the purpose of incorporating the

21  amendment to section 228.0561(6), Florida Statutes, 1998

22  Supplement, in a reference thereto, subsection (7) of section

23  235.42, Florida Statutes, 1998 Supplement, is reenacted to

24  read:

25         235.42  Educational and ancillary plant construction

26  funds; Public Education Capital Outlay and Debt Service Trust

27  Fund; allocation of funds.--

28         (7)  Boards and entities authorized to participate in

29  the trust fund are district school boards, the community

30  college district boards of trustees, the Trustees of the

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

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    Florida Senate - 1999                                  SB 1066
    22-943-99                                               See HB




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

  2  228.0561(6), and other units of the state system of public

  3  education, and other educational entities defined in s.

  4  228.041 for which funds are authorized by the Legislature.

  5         Section 3.  This act shall take effect July 1, 1999.

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  8                       LEGISLATIVE SUMMARY

  9
      Removes specific references to the Public Education
10    Capital Outlay and Debt Service Trust Fund regarding
      funds appropriated to charter schools for capital outlay
11    purposes. Specifies that funds appropriated for charter
      schools capital outlay purposes will be deposited in the
12    General Revenue Fund. Removes language related to school
      district sharing of capital outlay funds with charter
13    schools. Revises requirements relating to charter school
      use of capital outlay funds. Revises eligibility
14    requirements for charter school receipt of capital outlay
      funds. Removes obsolete language regarding an
15    appropriation.

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