House Bill 2205

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    Florida House of Representatives - 1999                HB 2205

        By the Committee on Education/K-12 and Representative Diaz
    de la Portilla





  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         transferring authority for written agreements

  7         relating to lien provisions; specifying that

  8         funds appropriated for charter schools capital

  9         outlay purposes will be deposited in the

10         General Revenue Fund; revising the funding

11         allocation calculation for charter schools;

12         revising requirements relating to charter

13         school use of capital outlay funds; revising

14         eligibility requirements for charter school

15         receipt of capital outlay funds; removing

16         obsolete language; providing additional capital

17         funding to municipal charter schools; amending

18         s. 235.42, F.S., relating to educational and

19         ancillary plant construction funds, to remove a

20         reference to charter schools; providing an

21         effective date.

22

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

24

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

26  section 228.0561, Florida Statutes, 1998 Supplement, are

27  amended, and subsection (7) is added to said section, to read:

28         228.0561  Charter schools capital outlay funding.--

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

30  charter school capital outlay purposes from the Public

31  Education Capital Outlay and Debt Service Trust Fund for

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    Florida House of Representatives - 1999                HB 2205

    185-698A-99






  1  charter schools, the Commissioner of Education shall allocate

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

  3  a funding allocation, a charter school must meet the

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

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

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

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

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

  9  the charter school and the school board the Department of

10  Education shall enter into a written agreement that includes

11  provisions for attaching a lien to property that has been

12  improved through the use of these funds, in the event that the

13  school terminates operations.  Any funds recovered by the

14  state shall be deposited in the General Revenue Fund Public

15  Education Capital Outlay and Debt Service Trust Fund.  A

16  charter school is not eligible for a funding allocation if it

17  was created by the conversion of a public school and operates

18  in facilities provided by the charter school's sponsor for a

19  nominal fee or at no charge. Unless otherwise provided in the

20  General Appropriations Act, the funding allocation for each

21  eligible charter school shall be determined by multiplying the

22  school's projected student enrollment by one-fifteenth

23  one-thirtieth of the cost-per-student station specified in s.

24  235.435(6)(b) for an elementary, middle, or high school, as

25  appropriate.  If the funds appropriated are not sufficient,

26  the commissioner shall prorate the available funds among

27  eligible charter schools.  In the first quarter of the fiscal

28  year, funds shall be distributed on the basis of projected

29  enrollment as provided in this section.  The commissioner

30  shall adjust subsequent distributions as necessary to reflect

31  each charter school's actual student enrollment.  The

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    Florida House of Representatives - 1999                HB 2205

    185-698A-99






  1  commissioner shall establish the intervals and procedures for

  2  determining the projected and actual student enrollment of

  3  eligible charter schools. If a school district chooses to

  4  share funding for the capital outlay purposes described in

  5  subsection (2) with the applicable charter school or charter

  6  schools, any allocation of charter school capital outlay funds

  7  from the Public Education Capital Outlay and Debt Service

  8  Trust Fund allocation to the charter school or charter schools

  9  shall be reduced by the amount shared.

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

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

12  may use funds from the Public Education Capital Outlay and

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

14  directly related to the functioning of the charter school,

15  including the:

16         (a)  Purchase of real property.

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

18  of school facilities.

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

20  relocatable school facilities.

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

22  from the charter school.

23         (5)  The annual legislative budget request of the

24  Department of Education shall include a request for capital

25  outlay funding for charter schools from the Public Education

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

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

28  charter schools who meet the eligibility requirements of this

29  section.

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

31  which has been in continuous operation in the district in

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    Florida House of Representatives - 1999                HB 2205

    185-698A-99






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

  2  immediately preceding the school year in which the school

  3  seeks an appropriation from the Public Education Capital

  4  Outlay and Debt Service Trust Fund shall be eligible to

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

  6  are eligible to receive funds from the Public Education

  7  Capital Outlay and Debt Service Trust Fund.

  8         (b)  Unless authorized otherwise by the Legislature,

  9  allocation and proration of charter schools capital outlay

10  funds from the Public Education Capital Outlay and Debt

11  Service Trust Fund shall be made to eligible charter schools

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

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

14  such funds in this subsection shall be considered "eligible

15  charter schools" for such an allocation or proration.

16         (c)  There is appropriated from the Public Education

17  Capital Outlay and Debt Service Trust Fund in fiscal year

18  1998-1999 the amount of $5 million to be used for capital

19  outlay purposes of charter schools eligible under this

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

21  manner authorized by this subsection.  This paragraph shall be

22  repealed July 1, 1999.

23         (7)  A school district that levies any part of the

24  discretionary 2 mills for capital improvement authorized in s.

25  236.25(2), shall determine the amount of proceeds which is not

26  required for certificates of participation payments. The

27  district shall divide this amount by the total K-12 student

28  FTE membership to determine the average dollars per student.

29  If a district school board has approved a municipal charter

30  school, it shall annually provide to the municipal charter

31  school an amount equal to the number of students in the

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    Florida House of Representatives - 1999                HB 2205

    185-698A-99






  1  municipal charter times the average per student share of these

  2  funds.

  3         Section 2.  Subsection (7) of section 235.42, Florida

  4  Statutes, 1998 Supplement, is amended to read:

  5         235.42  Educational and ancillary plant construction

  6  funds; Public Education Capital Outlay and Debt Service Trust

  7  Fund; allocation of funds.--

  8         (7)  Boards and entities authorized to participate in

  9  the trust fund are district school boards, the community

10  college district boards of trustees, the Trustees of the

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

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

13  228.0561(6), and other units of the state system of public

14  education, and other educational entities defined in s.

15  228.041 for which funds are authorized by the Legislature.

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

17

18            *****************************************

19                          HOUSE SUMMARY

20
      Removes specific references to the Public Education
21    Capital Outlay and Debt Service Trust Fund regarding
      funds appropriated to charter schools for capital outlay
22    purposes. Transfers authority for written agreements
      relating to lien provisions. Specifies that funds
23    appropriated for charter schools capital outlay purposes
      will be deposited in the General Revenue Fund. Revises
24    the funding allocation calculation for charter schools.
      Revises requirements relating to charter school use of
25    capital outlay funds. Revises eligibility requirements
      for charter school receipt of capital outlay funds.
26    Removes obsolete language regarding an appropriation.
      Provides additional capital funding to municipal charter
27    schools. Removes a reference to charter schools from
      provisions regarding educational and ancillary plant
28    construction funds.

29

30

31

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