House Bill 2147e2
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CS/HB 2147, Second Engrossed
1 A bill to be entitled
2 An act relating to charter schools; amending s.
3 228.056, F.S.; revising the date through which
4 a district school board must receive charter
5 school applications; providing for
6 interdistrict transfer to a charter school
7 under certain circumstances; authorizing
8 charter schools to be operated by
9 municipalities or other public entities;
10 providing information to be included in the
11 charter of a charter school; providing for
12 15-year charters under specified circumstances;
13 providing for one charter for municipality
14 charter schools comprising one feeder pattern;
15 authorizing charter school governing boards to
16 employ or contract with skilled selected
17 noncertified personnel as provided in ch. 231,
18 F.S., and as provided by rule of the State
19 Board of Education; prohibiting a charter
20 school from hiring certain persons who have
21 resigned in lieu of disciplinary action or have
22 been dismissed for good cause; requiring the
23 fingerprinting of members of the governing
24 boards of charter schools; prescribing time
25 limits for charter schools to receive federal
26 funds; providing for a Charter School Review
27 Panel; providing for membership, purpose, and
28 duties; amending s. 228.0561, F.S.; removing
29 references to the Public Education Capital
30 Outlay and Debt Service Trust Fund; providing
31 for the reversion of unencumbered funds and
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CS/HB 2147, Second Engrossed
1 property to the district school board if the
2 charter school terminates operations; revising
3 requirements relating to charter school use of
4 capital outlay funds; revising eligibility
5 requirements for charter school receipt of
6 capital outlay funds; removing obsolete
7 provisions; amending s. 235.42, F.S., relating
8 to educational and ancillary plant construction
9 funds; removing a reference to charter schools;
10 amending s. 228.057, F.S.; requiring school
11 districts to report the number of students
12 attending the various types of public schools
13 according to the rules of the State Board of
14 Education; creating s. 228.058, F.S.;
15 establishing a charter school districts pilot
16 program; providing requirements for charter
17 school districts; providing for exemptions from
18 statutes and rules; providing for a governing
19 board; providing for charter proposals;
20 providing for a precharter agreement; providing
21 a time period for the pilot project; requiring
22 an annual report; providing for rulemaking;
23 providing for protection and indemnity of the
24 state and charter school from certain
25 liability; providing effective dates.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Paragraph (a) of subsection (4), paragraph
30 (a) of subsection (6), subsections (7) and (9), paragraphs (f)
31 and (g) of subsection (12), paragraph (d) of subsection (13),
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CS/HB 2147, Second Engrossed
1 and subsection (20) of section 228.056, Florida Statutes, 1998
2 Supplement, are amended to read:
3 228.056 Charter schools.--
4 (4) SPONSOR.--A district school board may sponsor a
5 charter school in the county over which the board has
6 jurisdiction.
7 (a) A district school board shall receive and review
8 all applications for a charter school. A district school board
9 shall receive charter school applications through at least
10 November 15 February 1 of each calendar year for charter
11 schools to be opened at the beginning of the school district's
12 next school year. A district school board may receive
13 applications later than this date if it chooses. In order to
14 facilitate an accurate budget projection process, a district
15 school board shall be held harmless for FTE students which are
16 not included in the FTE projection due to approval of charter
17 school applications after the FTE projection deadline. A
18 district school board must by a majority vote approve or deny
19 an application no later than 60 days after the application is
20 received. If an application is denied, the district school
21 board must, within 10 calendar days, articulate in writing the
22 specific reasons based upon good cause supporting its denial
23 of the charter application. Upon approval of a charter
24 application, the initial startup must be consistent with the
25 beginning of the public school calendar for the district in
26 which the charter is granted unless the district school board
27 allows a waiver of this provision for good cause.
28 (6) ELIGIBLE STUDENTS.--
29 (a) A charter school shall be open to any student
30 covered in an interdistrict agreement or residing in the
31 school district in which the charter school is located. Any
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1 eligible student shall be allowed interdistrict transfer to
2 attend a charter school when based on good cause. When a
3 public school converts to charter status, enrollment
4 preference shall be given to students who would have otherwise
5 attended that public school. A charter school may give
6 enrollment preference to a sibling of a student enrolled in
7 the charter school or to the child of an employee of the
8 charter school.
9 (7) LEGAL ENTITY.--A charter school shall organize as,
10 or be operated by, a nonprofit organization. A charter school
11 may be operated by a municipality or other public entity as
12 provided for by law. As such, the charter school may be either
13 a private or a public employer. As a public employer, a
14 charter school may participate in the Florida Retirement
15 System upon application and approval as a "covered group"
16 under s. 121.021(34). If a charter school participates in the
17 Florida Retirement System, the charter school employees shall
18 be compulsory members of the Florida Retirement System. As
19 either a private or a public employer, a charter school may
20 contract for services with an individual or group of
21 individuals who are organized as a partnership or a
22 cooperative. Individuals or groups of individuals who contract
23 their services to the charter school are not public employees.
24 (9) CHARTER.--The major issues involving the operation
25 of a charter school shall be considered in advance and written
26 into the charter. The charter shall be signed by the governing
27 body of the charter school and the sponsor, following a public
28 hearing to ensure community input.
29 (a) The charter shall address, and criteria for
30 approval of the charter shall be based on:
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1 1. The school's mission, the students to be served,
2 and the ages and grades to be included.
3 2. The focus of the curriculum, the instructional
4 methods to be used, and any distinctive instructional
5 techniques to be employed.
6 3. The current incoming baseline standard of student
7 academic achievement, and the outcomes to be achieved, and the
8 method of measurement that will be used. This section shall
9 include a detailed description for each of the following:
10 a. How the baseline student academic achievement
11 levels and prior rates of academic progress will be
12 established;
13 b. How these baseline rates will be compared to rates
14 of academic progress achieved by these same students while
15 attending the charter school; and
16 c. To the extent possible, how these rates of progress
17 will be evaluated and compared with rates of progress of other
18 closely comparable student populations.
19 4. The methods used to identify the educational
20 strengths and needs of students and how well educational goals
21 and performance standards are met by students attending the
22 charter school. Students in charter schools shall, at a
23 minimum, participate in the statewide assessment program.
24 5. In secondary charter schools, a method for
25 determining that a student has satisfied the requirements for
26 graduation in s. 232.246.
27 6. A method for resolving conflicts between the
28 governing body of the charter school and the sponsor.
29 7. The admissions procedures and dismissal procedures,
30 including the school's code of student conduct.
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1 8. The ways by which the school will achieve a
2 racial/ethnic balance reflective of the community it serves or
3 within the racial/ethnic range of other public schools in the
4 same school district.
5 9. The financial and administrative management of the
6 school, including a reasonable demonstration of the
7 professional experience or competence of those individuals or
8 organizations applying to operate the charter school or those
9 hired or retained to perform such professional services. Both
10 public sector and private sector professional experience shall
11 be equally valid in such a consideration.
12 10. The manner in which the school will be insured,
13 including whether or not the school will be required to have
14 liability insurance, and, if so, the terms and conditions
15 thereof and the amounts of coverage.
16 11. The term of the charter which shall provide for
17 cancellation of the charter if insufficient progress has been
18 made in attaining the student achievement objectives of the
19 charter and if it is not likely that such objectives can be
20 achieved before expiration of the charter. The initial term of
21 a charter shall be for 3, 4, or 5 years. In order to
22 facilitate access to long-term financial resources for charter
23 school construction, charter schools that are operated by a
24 municipality or other public entity as provided by law are
25 eligible for up to a 15-year charter, subject to approval by
26 the local school board. In addition, to facilitate access to
27 long-term financial resources for charter school construction,
28 charter schools that are operated by a private,
29 not-for-profit, 501(c)3 status corporation are eligible for up
30 to a 10-year charter, subject to approval by the local school
31 board. Such long-term charters remain subject to annual review
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1 and may be terminated during the term of the charter, but only
2 for specific good cause according to the provisions set forth
3 in subsection (10).
4 12. The facilities to be used and their location.
5 13. The qualifications to be required of the teachers.
6 14. The governance structure of the school, including
7 the status of the charter school as a public or private
8 employer as required in subsection (7).
9 15. A timetable for implementing the charter which
10 addresses the implementation of each element thereof and the
11 date by which the charter shall be awarded in order to meet
12 this timetable.
13 16. In the case of an existing public school being
14 converted to charter status, alternative arrangements for
15 current students who choose not to attend the charter school
16 and for current teachers who choose not to teach in the
17 charter school after conversion in accordance with the
18 existing collective bargaining agreement or school board
19 policy in the absence of a collective bargaining agreement.
20 (b) A charter may be renewed every 5 school years,
21 provided that a program review demonstrates that the criteria
22 in paragraph (a) have been successfully accomplished. In order
23 to facilitate long-term financing for charter school
24 construction, charter schools operating a minimum of 3 years
25 and demonstrating exemplary academic programming and fiscal
26 management are eligible for a 15-year charter renewal. Such
27 long-term charter is subject to annual review and may be
28 terminated during the term of the charter.
29 (c) A charter may be modified during its initial term
30 or any renewal term upon the recommendation of the sponsor and
31 the approval of both parties to the agreement.
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1 (d) The governing body of the charter school shall
2 make annual progress reports to its sponsor, which upon
3 verification shall be forwarded to the Commissioner of
4 Education at the same time as other annual school
5 accountability reports. The report shall contain at least the
6 following information:
7 1. The charter school's progress towards achieving the
8 goals outlined in its charter.
9 2. The information required in the annual school
10 report pursuant to s. 229.592.
11 3. Financial records of the charter school, including
12 revenues and expenditures.
13 4. Salary and benefit levels of charter school
14 employees.
15 (e) A sponsor shall ensure that the charter is
16 innovative and consistent with the state education goals
17 established by s. 229.591.
18 (f) Upon receipt of the annual report required by
19 paragraph (d), the Department of Education shall provide to
20 the State Board of Education, the Commissioner of Education,
21 the President of the Senate, and the Speaker of the House of
22 Representatives an analysis and comparison of the overall
23 performance of charter school students, to include all
24 students whose scores are counted as part of the
25 norm-referenced assessment tests, versus comparable public
26 school students in the district as determined by
27 norm-referenced assessment tests currently administered in the
28 school district, and, as appropriate, the Florida Writes
29 Assessment Test, the High School Competency Test, and other
30 assessments administered pursuant to s. 229.57(3).
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1 (g) Whenever a municipality has submitted charter
2 applications for the establishment of a charter school feeder
3 pattern (elementary, middle, and senior high schools), and
4 upon approval of each individual charter application by the
5 district school board, such applications will then be
6 designated as one charter for all purposes listed pursuant to
7 this section.
8 (12) EMPLOYEES OF CHARTER SCHOOLS.--
9 (f) Teachers employed by or under contract to a
10 charter school shall be certified as required by chapter 231.
11 A charter school governing board may employ or contract with
12 skilled selected noncertified personnel to provide
13 instructional services or to assist instructional staff
14 members as education paraprofessionals in the same manner as
15 defined in chapter 231, and as provided by State Board of
16 Education rule for charter school governing boards. A charter
17 school may not employ an individual to provide instructional
18 services or to serve as an education paraprofessional if the
19 individual's certification or licensure as an educator is
20 suspended or revoked by this or any other state. A charter
21 school may not knowingly employ an individual who has resigned
22 from a school district in lieu of disciplinary action with
23 respect to child welfare or safety, or who has been dismissed
24 for just cause by any school district with respect to child
25 welfare or safety. The qualifications of teachers shall be
26 disclosed to parents.
27 (g) A charter school shall employ or contract with
28 employees who have been fingerprinted as provided in s.
29 231.02. Members of the governing board of the charter school
30 shall also be fingerprinted in a manner similar to that
31 provided in s. 231.02 prior to approval of the charter.
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1 (13) REVENUE.--Students enrolled in a charter school,
2 regardless of the sponsorship, shall be funded as if they are
3 in a basic program or a special program, the same as students
4 enrolled in other public schools in the school district.
5 Funding for a chartered developmental research school shall be
6 as provided in s. 228.053(9).
7 (d) If the district school board is providing programs
8 or services to students funded by federal funds, any eligible
9 students enrolled in charter schools in the school district
10 shall be provided federal funds for the same level of service
11 provided students in the schools operated by the district
12 school board. Pursuant to provisions of 20 U.S.C. 8061 s.
13 10306, all charter schools shall receive all federal funding
14 for which the school is otherwise eligible, including Title I
15 funding, not later than 5 months after the charter school
16 first opens and within 5 months after any subsequent expansion
17 of enrollment.
18 (20) REVIEW.--
19 (a) The Department of Education shall regularly
20 convene a Charter School Review Panel in order to review
21 issues, practices, and policies regarding charter schools. The
22 composition of the review panel shall include individuals with
23 experience in finance, administration, law, education, and
24 school governance, and individuals familiar with charter
25 school construction and operation. The panel shall include two
26 appointees each from the Commissioner of Education, the
27 President of the Senate, and the Speaker of the House of
28 Representatives. The Governor shall appoint three members of
29 the panel, and shall designate the chair. Each member of the
30 panel shall serve a 1-year term, unless renewed by the office
31 making the appointment. The panel shall make recommendations
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1 to the Legislature, to the Department of Education, to charter
2 schools, and to school districts for improving charter school
3 operations and oversight and for ensuring best business
4 practices at and fair business relationships with charter
5 schools.
6 (b) The Legislature shall review the operation of
7 charter schools during the 2000 Regular Session of the
8 Legislature.
9 Section 2. Subsections (1), (2), (5), and (6) of
10 section 228.0561, Florida Statutes, 1998 Supplement, are
11 amended to read:
12 228.0561 Charter schools capital outlay funding.--
13 (1) In each year in which funds are appropriated for
14 charter school capital outlay purposes from the Public
15 Education Capital Outlay and Debt Service Trust Fund for
16 charter schools, the Commissioner of Education shall allocate
17 the funds among eligible charter schools. To be eligible for
18 a funding allocation, a charter school must meet the
19 provisions of subsection (6), must have received final
20 approval from its sponsor pursuant to s. 228.056 for operation
21 during that fiscal year, and must serve students in facilities
22 that are not provided by the charter school's sponsor. Prior
23 to the release of capital outlay funds to a school district on
24 behalf of the charter school, the Department of Education
25 shall ensure that the district school board and the charter
26 school governing board enter into a written agreement that
27 includes provisions for the reversion of any unencumbered
28 funds and all equipment and property purchased with public
29 education funds to the ownership of the district school board,
30 as provided for in subsection (3) attaching a lien to property
31 that has been improved through the use of these funds, in the
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1 event that the school terminates operations. Any funds
2 recovered by the state shall be deposited in the General
3 Revenue Fund Public Education Capital Outlay and Debt Service
4 Trust Fund. A charter school is not eligible for a funding
5 allocation if it was created by the conversion of a public
6 school and operates in facilities provided by the charter
7 school's sponsor for a nominal fee or at no charge. Unless
8 otherwise provided in the General Appropriations Act, the
9 funding allocation for each eligible charter school shall be
10 determined by multiplying the school's projected student
11 enrollment by one-thirtieth of the cost-per-student station
12 specified in s. 235.435(6)(b) for an elementary, middle, or
13 high school, as appropriate. If the funds appropriated are
14 not sufficient, the commissioner shall prorate the available
15 funds among eligible charter schools. In the first quarter of
16 the fiscal year, funds shall be distributed on the basis of
17 projected enrollment as provided in this section. The
18 commissioner shall adjust subsequent distributions as
19 necessary to reflect each charter school's actual student
20 enrollment. The commissioner shall establish the intervals
21 and procedures for determining the projected and actual
22 student enrollment of eligible charter schools. If a school
23 district chooses to share funding for the capital outlay
24 purposes described in subsection (2) with the applicable
25 charter school or charter schools, any allocation of charter
26 school capital outlay funds from the Public Education Capital
27 Outlay and Debt Service Trust Fund allocation to the charter
28 school or charter schools shall be reduced by the amount
29 shared.
30 (2) A charter school's governing body may use charter
31 school capital outlay funds with the school board's permission
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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 charter school capital outlay
30 funds from the Public Education Capital Outlay and Debt
31 Service Trust Fund shall be made to eligible charter schools
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1 by the Commissioner of Education in an amount and in a manner
2 authorized by subsection (1), and only schools eligible for
3 such funds in this subsection shall be considered "eligible
4 charter schools" for such an 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 3. 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 4. Subsection (9) is added to section 228.057,
26 Florida Statutes, to read:
27 228.057 Public school parental choice.--
28 (9) Each school district shall annually report the
29 number of students applying for and attending the various
30 types of public schools of choice in the district, including
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1 schools such as magnet schools and public charter schools,
2 according to rules adopted by the State Board of Education.
3 Section 5. Effective upon this act becoming a law,
4 section 228.058, Florida Statutes, is created to read:
5 228.058 Charter School Districts Pilot Program.--The
6 State Board of Education is authorized to enter into a
7 performance contract with up to six school districts for the
8 purpose of establishing them as charter school districts. The
9 State Board of Education shall give priority to Hillsborough
10 and Volusia Counties upon the submission of a completed
11 precharter agreement or charter proposal for a charter school
12 district. The purpose of this pilot program is to examine a
13 new relationship between the State Board of Education and
14 school districts that may produce significant improvements in
15 student achievement and school management, while complying
16 with constitutional requirements assigned to each entity.
17 (1) CHARTER DISTRICT.--A charter school district is a
18 school district in Florida in which the school board has
19 submitted and the state board has approved a charter proposal
20 that exchanges statutory and rule exemption for agreement to
21 meet performance goals in the proposal. The charter school
22 district shall be chartered for 3 years, at the end of which
23 the performance shall be evaluated.
24 (2) EXEMPTION FROM STATUTES AND RULES.--Charter school
25 districts shall be exempt from state statutes and state board
26 rules as provided in s. 228.056. The school board of a
27 charter school district shall not be exempt from any statute
28 governing election of board members, public meetings and
29 public records requirements, financial disclosure, conflicts
30 of interest, operation in the sunshine, or other provisions
31 outside the Florida School Code.
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1 (3) GOVERNING BOARD.--The governing board of the
2 charter school district shall be the duly elected school
3 board. The school board shall be responsible for supervising
4 the schools in the charter district and is authorized to
5 charter each of its existing public schools pursuant to s.
6 228.056, apply for deregulation of its public schools pursuant
7 to s. 228.0565, or otherwise establish performance-based
8 contractual relationships with its public schools for the
9 purpose of giving them greater autonomy with accountability
10 for performance.
11 (4) CHARTER PROPOSAL.--Competitive charter proposal
12 applications shall be accepted by the State Board of Education
13 no later than October 30, 1999. The charter proposal shall
14 include, but not be limited to:
15 (a) Authorization for participation in the pilot
16 program approved in an open school board meeting.
17 (b) The vision of what the school board proposes to
18 accomplish by becoming a charter school district.
19 (c) A management plan for reaching performance goals,
20 including an anticipated list of the statutes and rules from
21 which the school board desires exemption and the purpose of
22 the exemption.
23 (d) The performance goals proposed by the school
24 board, the measures to be used to assess progress, the
25 district's current baseline status with respect to the goals,
26 and the timeframe for accomplishing the goals.
27 (e) A plan for chartering, deregulating, or otherwise
28 freeing schools in the district from state statutes and rules
29 and school board policies and procedures. This portion may
30 include a phased-in approach, but shall be included as a
31 performance goal.
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1 (f) Agreement to file an annual report of progress to
2 the state board.
3 (g) Any other provisions required by state board rule.
4 (5) PRECHARTER AGREEMENT.--The state board is
5 authorized to approve a precharter agreement with a potential
6 charter district. The agreement may grant limited flexibility
7 and direction for developing the full charter proposal.
8 (6) TIME PERIOD FOR PILOT.--The pilot program shall be
9 authorized for a period of 3 full school years commencing with
10 award of a charter. The charter may be renewed upon action of
11 the state board.
12 (7) REPORTS.--The state board shall annually report on
13 the implementation of the charter school district pilot
14 program. Upon the completion of the first 3-year term, the
15 state board, through the Commissioner of Education, shall
16 submit to the Legislature a full evaluation of the
17 effectiveness of the program.
18 (8) RULEMAKING.--The State Board of Education shall
19 have the authority to enact rules to implement this section in
20 accordance with ss. 120.536 and 120.54.
21 Section 6. Any arrangement entered into to borrow or
22 otherwise secure funds for a charter school authorized in
23 section 228.056, Florida Statutes, from a source other than
24 the state or a school district shall indemnify the state and
25 the school district from any and all liability, including but
26 not limited to financial responsibility for the payment of the
27 principal or interest. Any loans, bonds, or other financial
28 agreements are not obligations of the state or the school
29 district but are obligations of the charter school authority
30 and are payable solely from the sources of funds pledged by
31 such agreement. The credit or taxing power of the state or
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1 the school district shall not be pledged and no debts shall be
2 payable out of any moneys except those of the legal entity in
3 possession of a valid charter approved by a district school
4 board pursuant to section 228.056, Florida Statutes.
5 Section 7. Except as otherwise provided herein, this
6 act shall take effect July 1, 1999.
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