HB 0527, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to educational facilities; authorizing
3	certain municipalities, by proposal and resolution, to
4	convert public schools to charter schools; providing
5	requirements for the resolution; providing for application
6	to the district school board for conversion; providing for
7	notice of denial of application and appeal; providing
8	restrictions relating to capital outlay funding; providing
9	for rules; providing an effective date.
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11	Be It Enacted by the Legislature of the State of Florida:
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13	Section 1. (1) A municipality with an unincarcerated
14	population of at least 75,000 as of the latest federal census
15	shall have the ability, by proposal and resolution, to convert
16	all public schools within the jurisdictional boundaries of the
17	municipality to charter schools in accordance with the
18	provisions of this section. Except as otherwise provided in
19	this section, such conversion charter schools are subject to
20	the provisions of s. 1002.33, Florida Statutes. The governing
21	board of such conversion charter schools shall be the
22	legislative body of the municipality, which may serve as the
23	fiscal agent of such conversion charter schools.
24	(2) When it is proposed to exercise the powers granted by
25	this section, a resolution shall be passed by the city council
26	or the legislative body of the municipality, by whatever name
27	known. The resolution shall include a description of a plan for
28	the conversion of all public schools within the jurisdictional
29	boundaries of the municipality to charter schools, which plan
30	includes accountability for student academic achievement. The
31	resolution shall also include a description of a plan by which
32	the conversion charter schools will receive the public education
33	capital outlay maintenance funds or any other maintenance funds
34	generated by the facilities that will be operated as conversion
35	charter schools, as well as the proportionate share of ad
36	valorem tax proceeds. Such resolution shall be put to the voters
37	who reside within the jurisdiction of the municipality during
38	the next municipal election following passage of the resolution.
39	(3) Upon approval of the resolution by a majority of the
40	voters who reside within the jurisdiction of the municipality,
41	the municipality may apply to the district school board within
42	whose jurisdiction the municipality is located for the
43	conversion of all public schools within the jurisdictional
44	boundaries of the municipality. The application must include the
45	plan for the conversion of all public schools within the
46	jurisdictional boundaries of the municipality to charter
47	schools. The application must also include the plan by which the
48	conversion charter schools will receive the public education
49	capital outlay maintenance funds or any other maintenance funds
50	generated by the facilities that will be operated as conversion
51	charter schools, as well as the proportionate share of ad
52	valorem tax proceeds. The application must demonstrate, for each
53	school proposed for conversion, the support of at least 50
54	percent of the teachers employed at each school and the support
55	of at least 50 percent of the parents voting whose children are
56	enrolled at each school, provided that a majority of the parents
57	eligible to vote participate in the ballot process, according to
58	rules adopted by the State Board of Education.
59	(4) A district school board denying an application by a
60	municipality for conversion charter schools shall provide notice
61	of denial in writing within 30 days after the meeting at which
62	the district school board denied the application. The notice
63	must specify the exact reasons for denial and must provide
64	documentation supporting those reasons. Decisions of the school
65	district regarding the application of a municipality for
66	conversion charter schools may be appealed to the State Board of
67	Education.
68	(5) Conversion charter schools created pursuant to this
69	section are not eligible for capital outlay funding pursuant to
70	s. 1002.33(20), Florida Statutes, and shall not under any
71	circumstances request capital outlay funding pursuant to s.
72	1013.62, Florida Statutes.
73	(6) The State Board of Education shall adopt rules and
74	procedures necessary to implement the provisions of this
75	section, pursuant to ss. 120.536(1) and 120.54, Florida
76	Statutes.
77	Section 2. This act shall take effect July 1, 2003.
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