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



                                                   HOUSE AMENDMENT

    hbd-38                           Bill No. CS/HB 1665, 1st Eng.

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Ritter offered the following:

12

13         Amendment (with title amendment) 

14         On page 34, line 5 through page 38, line 23

15  remove all of said lines

16

17  and insert:

18         (d)  Any charter school to be newly constructed shall

19  be a new public educational facility for purposes of s.

20  235.193(5) and (6).

21         (19)(18)  INITIAL COSTS.--A sponsor may approve a

22  charter for a charter school before the applicant has secured

23  space, equipment, or personnel, if the applicant indicates

24  approval is necessary for it to raise working capital.

25         (20)(19)  INFORMATION.--The Department of Education

26  shall provide information to the public, directly and through

27  sponsors, both on how to form and operate a charter school and

28  on how to enroll in charter schools once they are created.

29  This information shall include a standard application format

30  which shall include the information specified in subsection

31  (9). This application format may be used by chartering

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                                                   HOUSE AMENDMENT

    hbd-38                           Bill No. CS/HB 1665, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  entities.

  2         (21)(20)  GENERAL AUTHORITY.--A charter school shall

  3  not levy taxes or issue bonds secured by tax revenues.

  4         (22)(21)  REVIEW.--

  5         (a)  The Department of Education shall regularly

  6  convene a Charter School Review Panel in order to review

  7  issues, practices, and policies regarding charter schools. The

  8  composition of the review panel shall include individuals with

  9  experience in finance, administration, law, education, and

10  school governance, and individuals familiar with charter

11  school construction and operation. The panel shall include two

12  appointees each from the Commissioner of Education, the

13  President of the Senate, and the Speaker of the House of

14  Representatives. The Governor shall appoint three members of

15  the panel and shall designate the chair. Each member of the

16  panel shall serve a 1-year term, unless renewed by the office

17  making the appointment. The panel shall make recommendations

18  to the Legislature, to the Department of Education, to charter

19  schools, and to school districts for improving charter school

20  operations and oversight and for ensuring best business

21  practices at and fair business relationships with charter

22  schools.

23         (b)  The Legislature shall review the operation of

24  charter schools during the 2005 Regular Session of the

25  Legislature.

26         (23)(22)  RULEMAKING.--The Department of Education,

27  after consultation with school districts and charter school

28  directors, shall recommend that the State Board of Education

29  adopt rules to implement specific subsections of this section.

30  Such rules shall require minimum paperwork and shall not limit

31  charter school flexibility authorized by statute.

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                                                   HOUSE AMENDMENT

    hbd-38                           Bill No. CS/HB 1665, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         (24)(23)  CHARTER SCHOOLS-IN-THE-WORKPLACE, CHARTER

  2  SCHOOLS-IN-A-DEVELOPMENT, AND CHARTER SCHOOLS

  3  IN-A-MUNICIPALITY.--

  4         (a)  In order to increase business partnerships in

  5  education, to reduce school and classroom overcrowding

  6  throughout the state, to encourage developers of residential

  7  and other projects to provide school infrastructure concurrent

  8  with school impacts, to promote and encourage local

  9  communities to participate in and advance the cause of

10  neighborhood schools, and to offset the high costs for

11  educational facilities construction, the Legislature intends

12  to encourage the formation of business partnership schools or

13  satellite learning centers through charter school status.

14         (b)  A charter school-in-the-workplace may be

15  established when a business partner provides the school

16  facility to be used; enrolls students based upon a random

17  lottery which involves all of the children of employees of

18  that business or corporation who are seeking enrollment, as

19  provided for in subsection (8) (6); and enrolls students

20  according to the racial/ethnic balance provisions described in

21  subparagraph (11)(a)8. (9)(a)8. Any portion of a facility used

22  for a public charter school shall be exempt from ad valorem

23  taxes, as provided for in s. 235.198, for the duration of its

24  use as a public school.

25         (c)  A charter school-in-a-municipality designation may

26  be granted to a municipality that possesses a charter; enrolls

27  students based upon a random lottery that involves all of the

28  children of the residents of that municipality who are seeking

29  enrollment, as provided for in subsection (8) (6); and enrolls

30  students according to the racial/ethnic balance provisions

31  described in subparagraph (11)(a)8. (9)(a)8. Any portion of

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                                                   HOUSE AMENDMENT

    hbd-38                           Bill No. CS/HB 1665, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  the land and facility used for a public charter school shall

  2  be exempt from ad valorem taxes, as provided for in s.

  3  235.198, for the duration of its use as a public school.

  4         (d)  As used in this subsection, the terms "business

  5  partner," "employer," "developer," or "municipality" may

  6  include more than one business, employer, developer, or

  7  municipality to form a charter school-in-the-workplace,

  8  charter school-in-a-development, or charter

  9  school-in-a-municipality.

10         Section 2.  Subsections (1) and (5) of section

11  228.0561, Florida Statutes, are 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, the Commissioner of

15  Education shall allocate the funds among eligible charter

16  schools.  To be eligible for a funding allocation, a charter

17  school must meet the provisions of subsection (6), must have

18  received final approval from its sponsor pursuant to s.

19  228.056 for operation during that fiscal year, and must serve

20  students in facilities that are not provided by the charter

21  school's sponsor.  Prior to the release of capital outlay

22  funds to a school district on behalf of the charter school,

23  the Department of Education shall ensure that the district

24  school board and the charter school governing board enter into

25  a written agreement that includes provisions for the reversion

26  of any unencumbered funds and all equipment and property

27  purchased with public education funds to the ownership of the

28  district school board, as provided for in subsection (3), in

29  the event that the school terminates operations.  Any funds

30  recovered by the state shall be deposited in the General

31  Revenue Fund.  A charter school is not eligible for a funding

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                                                   HOUSE AMENDMENT

    hbd-38                           Bill No. CS/HB 1665, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  allocation if it was created by the conversion of a public

  2  school and operates in facilities provided by the charter

  3  school's sponsor for a nominal fee or at no charge or if it is

  4  directly or indirectly operated by the school district. Unless

  5  otherwise provided in the General Appropriations Act, the

  6  funding allocation for each eligible charter school shall be

  7  determined by multiplying the school's projected student

  8  enrollment by one-fifteenth of the cost-per-student station

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

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

11  not sufficient, the commissioner shall prorate the available

12  funds among eligible charter schools. A dedicated funding

13  source, if identified in writing by the Commissioner of

14  Education and submitted along with the annual charter school

15  legislative budget request, may be considered an additional

16  source of funding. Funds shall be distributed on the basis of

17  the capital outlay full-time equivalent membership by grade

18  level, which shall be calculated by averaging the results of

19  the second and third enrollment surveys. The Department of

20  Education shall distribute capital outlay funds monthly,

21  beginning in the first quarter of the fiscal year, based on

22  one-twelfth of the amount the department reasonably expects

23  the charter school to receive during that fiscal year. The

24  commissioner shall adjust subsequent distributions as

25  necessary to reflect each charter school's actual student

26  enrollment as reflected in the second and third enrollment

27  surveys. The commissioner shall establish the intervals and

28  procedures for determining the projected and actual student

29  enrollment of eligible charter schools.

30         (5)  The annual legislative budget request of the

31  Department of Education shall include a request for capital

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                                                   HOUSE AMENDMENT

    hbd-38                           Bill No. CS/HB 1665, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  outlay funding for charter schools.  The request shall be

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

  3  charter schools who meet the eligibility requirements of this

  4  section. This budget request may also be accompanied by a

  5  written statement from the Commissioner of Education

  6  requesting that a dedicated funding source identified by the

  7  commissioner be used to supplement that year's charter school

  8  funding.

  9         Section 3.  Subsection (5) of section 235.193, Florida

10  Statutes, is amended to read:

11         235.193  Coordination of planning with local governing

12  bodies.--

13         (5)  As early in the design phase as feasible, but at

14  least before commencing construction of a new public

15  educational facility, including a charter school, the local

16  governing body that regulates the use of land shall determine,

17  in writing within 90 days after receiving the necessary

18  information and a school board's request or charter school

19  governing body's request for a determination, whether a

20  proposed public educational facility is consistent with the

21  local comprehensive plan and local land development

22  regulations, to the extent that the regulations are not in

23  conflict with or the subject regulated is not specifically

24  addressed by this chapter or the State Uniform Building Code,

25  unless mutually agreed. If the determination is affirmative,

26  school construction may proceed and further local government

27  approvals are not required, except as provided in this

28  section. Failure of the local governing body to make a

29  determination in writing within 90 days after a school board's

30  request or charter school governing body's request for a

31  determination of consistency shall be considered an approval

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                                                   HOUSE AMENDMENT

    hbd-38                           Bill No. CS/HB 1665, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  of the school board's application or charter school governing

  2  body's application.

  3

  4

  5  ================ T I T L E   A M E N D M E N T ===============

  6  And the title is amended as follows:

  7         On page 1, lines 22-27,

  8  remove all of said lines

  9

10  and insert:

11         availability fees; providing that a charter

12         school to be newly constructed shall be a

13         public educational facility for purposes of

14         site plan review; amending s. 228.0561, F.S.,

15         relating to charter school capital outlay

16         funding; allowing the Commissioner of Education

17         to identify an additional funding source that

18         may be considered by the Legislature in

19         allocating funding in a given year; amending s.

20         235.193, F.S.; providing that a proposed

21         charter school shall be considered a public

22         educational facility with respect to site plan

23         review; providing

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