House Bill 0787

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    Florida House of Representatives - 1999                 HB 787

        By Representative Andrews






  1                      A bill to be entitled

  2         An act relating to charter schools capital

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

  4         revising provisions relating to capital outlay

  5         funding for charter schools; providing for

  6         certain charter schools established by

  7         municipalities to be eligible for funding;

  8         requiring the development and adoption of a

  9         definition of "overcrowded area"; establishing

10         a maximum funding level; providing an effective

11         date.

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

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15         Section 1.  Subsection (1) of section 228.0561, Florida

16  Statutes, 1998 Supplement, is amended to read:

17         228.0561  Charter schools capital outlay funding.--

18         (1)  In each year in which funds are appropriated from

19  the Public Education Capital Outlay and Debt Service Trust

20  Fund for charter schools, the Commissioner of Education shall

21  allocate the funds among eligible charter schools.  To be

22  eligible for a funding allocation, a charter school must meet

23  the provisions of subsection (6), must have received final

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

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

26  that are not provided by the charter school's sponsor or must

27  be a charter school established by a municipality in an

28  overcrowded area.  The SMART Schools Clearinghouse shall

29  develop and the Department of Education shall adopt a rule

30  defining the term "overcrowded area".  Prior to the release of

31  capital outlay funds to the charter school, the Department of

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






    Florida House of Representatives - 1999                 HB 787

    571-148A-99






  1  Education shall enter into a written agreement that includes

  2  provisions for attaching a lien to property that has been

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

  4  school terminates operations.  Any funds recovered by the

  5  state shall be deposited in the Public Education Capital

  6  Outlay and Debt Service Trust Fund.  A charter school is not

  7  eligible for a funding allocation if it was created by the

  8  conversion of a public school and operates in facilities

  9  provided by the charter school's sponsor for a nominal fee or

10  at no charge. Unless otherwise provided in the General

11  Appropriations Act, the funding allocation for each eligible

12  charter school shall be determined by multiplying the school's

13  projected student enrollment by one-thirtieth of the

14  cost-per-student station specified in s. 235.435(6)(b) for an

15  elementary, middle, or high school, as appropriate, except

16  that a charter school established by a municipality in an

17  overcrowded area shall be eligible for up to 80 percent of the

18  maximum cost per student station established by that section.

19  If the funds appropriated are not sufficient, the commissioner

20  shall prorate the available funds among eligible charter

21  schools.  In the first quarter of the fiscal year, funds shall

22  be distributed on the basis of projected enrollment as

23  provided in this section.  The commissioner shall adjust

24  subsequent distributions as necessary to reflect each charter

25  school's actual student enrollment.  The commissioner shall

26  establish the intervals and procedures for determining the

27  projected and actual student enrollment of eligible charter

28  schools.  If a school district chooses to share funding for

29  the capital outlay purposes described in subsection (2) with

30  the applicable charter school or charter schools, any

31  allocation from the Public Education Capital Outlay and Debt

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    Florida House of Representatives - 1999                 HB 787

    571-148A-99






  1  Service Trust Fund allocation to the charter school or charter

  2  schools shall be reduced by the amount shared.

  3         Section 2.  This act shall take effect July 1, 1999.

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  6                          HOUSE SUMMARY

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      Revises provisions relating to capital outlay funding for
  8    charter schools, to provide for authorizing certain
      charter schools established by municipalities to be
  9    eligible for funding.  Requires the development and
      adoption of a definition of "overcrowded area."
10    Establishes a maximum level of funding for a charter
      school established by a municipality in an overcrowded
11    area.

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