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
1
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
2
CODING: Words stricken are deletions; words underlined are additions.
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
3
CODING: Words stricken are deletions; words underlined are additions.
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
4
CODING: Words stricken are deletions; words underlined are additions.
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.
6
7 *****************************************
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.
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
5