HB 7103

CS

CHAMBER ACTION

1	The Education Appropriations Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5
6	A bill to be entitled
7	An act relating to charter schools; amending s. 1002.33,
8	F.S.; revising charter school purposes; modifying
9	provisions relating to duties of sponsors, the application
10	process, denial of an application, and review of appeals;
11	requiring the Department of Education to provide technical
12	assistance to charter school applicants; providing
13	requirements relating to charter contracts; providing
14	procedures when a state of financial emergency exists;
15	revising provisions relating to charter terms and renewal;
16	revising nonrenewal and termination provisions, including
17	procedures for immediate termination; revising provisions
18	relating to the reversion of funds; revising duties of a
19	charter school governing body relating to audits;
20	requiring the department to develop a uniform
21	accountability report; providing procedures with respect
22	to charter schools with deficiencies; requiring a school
23	improvement plan to raise student achievement; providing
24	for probation and corrective actions; revising provisions
25	relating to payment and reimbursement to a charter school
26	by a school district and authorizing the withholding of
27	lottery funds under certain circumstances; authorizing the
28	State Board of Education to impose a fine on or withhold
29	lottery funds from a school district for certain
30	violations; requiring conversion charter schools to comply
31	with certain facility requirements under specific
32	situations; authorizing certain zoning and land use
33	designations for certain charter school facilities;
34	revising exemption from assessment of fees; authorizing
35	the department to recommend that school districts make
36	certain space available to charter schools; providing for
37	additional services to charter schools and revising
38	administrative fee requirements; requiring the department
39	to develop a standard format for applications, charters,
40	and charter renewals; requiring legislative review of
41	charter schools in 2010; amending s. 218.39, F.S.;
42	requiring the governing body of a charter school to be
43	notified of certain deteriorating financial conditions;
44	amending s. 218.50, F.S.; modifying a short title;
45	amending s. 218.501, F.S.; including charter schools in
46	the statement of purpose relating to financial management;
47	amending s. 218.503, F.S.; providing for charter schools
48	to be subject to provisions governing financial
49	emergencies; providing procedures; amending s. 218.504,
50	F.S.; providing for cessation of state action related to a
51	state of financial emergency; amending s. 11.45, F.S.;
52	conforming provisions; amending s. 1003.05, F.S.;
53	modifying the list of special academic programs for
54	transitioning students from military families; amending s.
55	1012.74, F.S.; providing that educator professional
56	liability insurance shall cover charter school personnel;
57	providing effective dates.
58
59	Be It Enacted by the Legislature of the State of Florida:
60
61	Section 1.  Section 1002.33, Florida Statutes, is amended
62	to read:
63	1002.33  Charter schools.--
64	(1)  AUTHORIZATION.--Charter schools shall be part of the
65	state's program of public education. All charter schools in
66	Florida are public schools. A charter school may be formed by
67	creating a new school or converting an existing public school to
68	charter status. A public school may not use the term charter in
69	its name unless it has been approved under this section.
70	(2)  GUIDING PRINCIPLES; PURPOSE.--
71	(a)  Charter schools in Florida shall be guided by the
72	following principles:
73	1.  Meet high standards of student achievement while
74	providing parents flexibility to choose among diverse
75	educational opportunities within the state's public school
76	system.
77	2.  Promote enhanced academic success and financial
78	efficiency by aligning responsibility with accountability.
79	3.  Provide parents with sufficient information on whether
80	their child is reading at grade level and whether the child
81	gains at least a year's worth of learning for every year spent
82	in the charter school.
83	(b)  Charter schools shall fulfill the following purposes:
84	1.  Improve student learning and academic achievement.
85	2.  Increase learning opportunities for all students, with
86	special emphasis on low-performing students and reading.
87	3.  Create new professional opportunities for teachers,
88	including ownership of the learning program at the school site.
89	3.4.  Encourage the use of innovative learning methods.
90	4.5.  Require the measurement of learning outcomes.
91	(c)  Charter schools may fulfill the following purposes:
92	1.  Create innovative measurement tools.
93	2.  Provide rigorous competition within the public school
94	district to stimulate continual improvement in all public
95	schools.
96	3.  Expand the capacity of the public school system.
97	4.  Mitigate the educational impact created by the
98	development of new residential dwelling units.
99	5.  Create new professional opportunities for teachers,
100	including ownership of the learning program at the school site.
101	(3)  APPLICATION FOR CHARTER STATUS.--
102	(a)  An application for a new charter school may be made by
103	an individual, teachers, parents, a group of individuals, a
104	municipality, or a legal entity organized under the laws of this
105	state.
106	(b)  An application for a conversion charter school shall
107	be made by the district school board, the principal, teachers,
108	parents, and/or the school advisory council at an existing
109	public school that has been in operation for at least 2 years
110	prior to the application to convert., including A public school-
111	within-a-school that is designated as a school by the district
112	school board may also submit an application to convert to
113	charter status. An application submitted proposing to convert an
114	existing public school to a charter school shall demonstrate the
115	support of at least 50 percent of the teachers employed at the
116	school and 50 percent of the parents voting whose children are
117	enrolled at the school, provided that a majority of the parents
118	eligible to vote participate in the ballot process, according to
119	rules adopted by the State Board of Education. A district school
120	board denying an application for a conversion charter school
121	shall provide notice of denial to the applicants in writing
122	within 10 30 days after the meeting at which the district school
123	board denied the application. The notice must articulate in
124	writing specify the specific exact reasons for denial and must
125	provide documentation supporting those reasons. A private
126	school, parochial school, or home education program shall not be
127	eligible for charter school status.
128	(4)  UNLAWFUL REPRISAL.--
129	(a)  No district school board, or district school board
130	employee who has control over personnel actions, shall take
131	unlawful reprisal against another district school board employee
132	because that employee is either directly or indirectly involved
133	with an application to establish a charter school. As used in
134	this subsection, the term "unlawful reprisal" means an action
135	taken by a district school board or a school system employee
136	against an employee who is directly or indirectly involved in a
137	lawful application to establish a charter school, which occurs
138	as a direct result of that involvement, and which results in one
139	or more of the following: disciplinary or corrective action;
140	adverse transfer or reassignment, whether temporary or
141	permanent; suspension, demotion, or dismissal; an unfavorable
142	performance evaluation; a reduction in pay, benefits, or
143	rewards; elimination of the employee's position absent of a
144	reduction in workforce as a result of lack of moneys or work; or
145	other adverse significant changes in duties or responsibilities
146	that are inconsistent with the employee's salary or employment
147	classification. The following procedures shall apply to an
148	alleged unlawful reprisal that occurs as a consequence of an
149	employee's direct or indirect involvement with an application to
150	establish a charter school:
151	1.  Within 60 days after the date upon which a reprisal
152	prohibited by this subsection is alleged to have occurred, an
153	employee may file a complaint with the Department of Education.
154	2.  Within 3 working days after receiving a complaint under
155	this section, the Department of Education shall acknowledge
156	receipt of the complaint and provide copies of the complaint and
157	any other relevant preliminary information available to each of
158	the other parties named in the complaint, which parties shall
159	each acknowledge receipt of such copies to the complainant.
160	3.  If the Department of Education determines that the
161	complaint demonstrates reasonable cause to suspect that an
162	unlawful reprisal has occurred, the Department of Education
163	shall conduct an investigation to produce a fact-finding report.
164	4.  Within 90 days after receiving the complaint, the
165	Department of Education shall provide the district school
166	superintendent of the complainant's district and the complainant
167	with a fact-finding report that may include recommendations to
168	the parties or a proposed resolution of the complaint. The fact-
169	finding report shall be presumed admissible in any subsequent or
170	related administrative or judicial review.
171	5.  If the Department of Education determines that
172	reasonable grounds exist to believe that an unlawful reprisal
173	has occurred, is occurring, or is to be taken, and is unable to
174	conciliate a complaint within 60 days after receipt of the fact-
175	finding report, the Department of Education shall terminate the
176	investigation. Upon termination of any investigation, the
177	Department of Education shall notify the complainant and the
178	district school superintendent of the termination of the
179	investigation, providing a summary of relevant facts found
180	during the investigation and the reasons for terminating the
181	investigation. A written statement under this paragraph is
182	presumed admissible as evidence in any judicial or
183	administrative proceeding.
184	6.  The Department of Education shall either contract with
185	the Division of Administrative Hearings under s. 120.65, or
186	otherwise provide for a complaint for which the Department of
187	Education determines reasonable grounds exist to believe that an
188	unlawful reprisal has occurred, is occurring, or is to be taken,
189	and is unable to conciliate, to be heard by a panel of impartial
190	persons. Upon hearing the complaint, the panel shall make
191	findings of fact and conclusions of law for a final decision by
192	the Department of Education.
193
194	It shall be an affirmative defense to any action brought
195	pursuant to this section that the adverse action was predicated
196	upon grounds other than, and would have been taken absent, the
197	employee's exercise of rights protected by this section.
198	(b)  In any action brought under this section for which it
199	is determined reasonable grounds exist to believe that an
200	unlawful reprisal has occurred, is occurring, or is to be taken,
201	the relief shall include the following:
202	1.  Reinstatement of the employee to the same position held
203	before the unlawful reprisal was commenced, or to an equivalent
204	position, or payment of reasonable front pay as alternative
205	relief.
206	2.  Reinstatement of the employee's full fringe benefits
207	and seniority rights, as appropriate.
208	3.  Compensation, if appropriate, for lost wages, benefits,
209	or other lost remuneration caused by the unlawful reprisal.
210	4.  Payment of reasonable costs, including attorney's fees,
211	to a substantially prevailing employee, or to the prevailing
212	employer if the employee filed a frivolous action in bad faith.
213	5.  Issuance of an injunction, if appropriate, by a court
214	of competent jurisdiction.
215	6.  Temporary reinstatement to the employee's former
216	position or to an equivalent position, pending the final outcome
217	of the complaint, if it is determined that the action was not
218	made in bad faith or for a wrongful purpose, and did not occur
219	after a district school board's initiation of a personnel action
220	against the employee that includes documentation of the
221	employee's violation of a disciplinary standard or performance
222	deficiency.
223	(5)  SPONSOR; DUTIES.--
224	(a)  Sponsoring entities.--
225	1.  A district school board may sponsor a charter school in
226	the county over which the district school board has
227	jurisdiction.
228	2.  A state university may grant a charter to a lab school
229	created under s. 1002.32 and shall be considered to be the
230	school's sponsor. Such school shall be considered a charter lab
231	school.
232	(b)  Sponsor duties.--
233	1.  The sponsor shall monitor and review the charter school
234	in its progress toward the goals established in the charter.
235	2.  The sponsor shall monitor the revenues and expenditures
236	of the charter school.
237	3.  The sponsor may approve a charter for a charter school
238	before the applicant has secured space, equipment, or personnel,
239	if the applicant indicates approval is necessary for it to raise
240	working funds capital.
241	4.  The sponsor's policies shall not apply to a charter
242	school unless mutually agreed to by both the sponsor and the
243	charter school.
244	5.  The sponsor shall ensure that the charter is innovative
245	and consistent with the state education goals established by s.
246	1000.03(5).
247	6.  The sponsor shall ensure that the charter school
248	participates in the state's education accountability system. If
249	a charter school falls short of performance measures included in
250	the approved charter, the sponsor shall report such shortcomings
251	to the Department of Education.
252	7.  The sponsor shall not impose additional reporting
253	requirements on a charter school without providing reasonable
254	and specific justification in writing to the charter school.
255
256	A community college may work with the school district or school
257	districts in its designated service area to develop charter
258	schools that offer secondary education. These charter schools
259	must include an option for students to receive an associate
260	degree upon high school graduation. District school boards shall
261	cooperate with and assist the community college on the charter
262	application. Community college applications for charter schools
263	are not subject to the time deadlines outlined in subsection (6)
264	and may be approved by the district school board at any time
265	during the year. Community colleges shall not report FTE for any
266	students who receive FTE funding through the Florida Education
267	Finance Program.
268	(6)  APPLICATION PROCESS AND REVIEW.--Charter school
269	Beginning September 1, 2003, applications are subject to the
270	following requirements:
271	(a)  A person or entity wishing to open a charter school
272	shall prepare an application that:
273	1.  Demonstrates how the school will use the guiding
274	principles and meet the statutorily defined purpose of a charter
275	school.
276	2.  Provides a detailed curriculum plan that illustrates
277	how students will be provided services to attain the Sunshine
278	State Standards.
279	3.  Contains goals and objectives for improving student
280	learning and measuring that improvement. These goals and
281	objectives must indicate how much academic improvement students
282	are expected to show each year, how success will be evaluated,
283	and the specific results to be attained through instruction.
284	4.  Describes the reading curriculum and differentiated
285	strategies that will be used for students reading at grade level
286	or higher and a separate curriculum and strategies for students
287	who are reading below grade level. A sponsor shall deny a
288	charter if the school does not propose a reading curriculum that
289	is consistent with effective teaching strategies that are
290	grounded in scientifically based reading research.
291	5.  Contains an annual financial plan for each year
292	requested by the charter for operation of the school for up to 5
293	years. This plan must contain anticipated fund balances based on
294	revenue projections, a spending plan based on projected revenues
295	and expenses, and a description of controls that will safeguard
296	finances and projected enrollment trends.
297	(b)  A district school board shall receive and review all
298	applications for a charter school. Beginning with the 2007-2008
299	school year, a district school board shall receive and consider
300	charter school applications received on or before August
301	September 1 of each calendar year for charter schools to be
302	opened at the beginning of the school district's next school
303	year, or to be opened at a time agreed to by the applicant and
304	the district school board. A district school board may receive
305	applications later than this date if it chooses. A sponsor may
306	not charge an applicant for a charter any fee for the processing
307	or consideration of an application, and a sponsor may not base
308	its consideration or approval of an application upon the promise
309	of future payment of any kind.
310	1.  In order to facilitate an accurate budget projection
311	process, a district school board shall be held harmless for FTE
312	students who are not included in the FTE projection due to
313	approval of charter school applications after the FTE projection
314	deadline. In a further effort to facilitate an accurate budget
315	projection, within 15 calendar days after receipt of a charter
316	school application, a district school board or other sponsor
317	shall report to the Department of Education the name of the
318	applicant entity, the proposed charter school location, and its
319	projected FTE.
320	2.  In order to ensure fiscal responsibility, an
321	application for a charter school shall include a full accounting
322	of expected assets, a projection of expected sources and amounts
323	of income, including income derived from projected student
324	enrollments and from community support, and an expense
325	projection that includes full accounting of the costs of
326	operation, including start-up costs.
327	3.  A district school board shall by a majority vote
328	approve or deny an application no later than 60 calendar days
329	after the application is received, unless the district school
330	board and the applicant mutually agree in writing to temporarily
331	postpone the vote to a specific date, at which time the district
332	school board shall by a majority vote approve or deny the
333	application. If the district school board fails to act on the
334	application, an applicant may appeal to the State Board of
335	Education as provided in paragraph (c). If an application is
336	denied, the district school board shall, within 10 calendar
337	days, articulate in writing the specific reasons for based upon
338	good cause supporting its denial of the charter application and
339	shall provide the letter of denial and supporting documentation
340	to the applicant and to the Department of Education supporting
341	those reasons.
342	4.  For budget projection purposes, the district school
343	board or other sponsor shall report to the Department of
344	Education the approval or denial of a charter application within
345	10 calendar days after such approval or denial. In the event of
346	approval, the report to the Department of Education shall
347	include the final projected FTE for the approved charter school.
348	5.  Upon approval of a charter application, the initial
349	startup shall commence with the beginning of the public school
350	calendar for the district in which the charter is granted unless
351	the sponsor district school board allows a waiver of this
352	provision for good cause.
353	(c)  An applicant may appeal any denial of that applicant's
354	application or failure to act on an application to the State
355	Board of Education no later than 30 calendar days after receipt
356	of the district school board's decision or failure to act and
357	shall notify the district school board of its appeal. Any
358	response of the district school board shall be submitted to the
359	State Board of Education within 30 calendar days after
360	notification of the appeal. Upon receipt of notification from
361	the State Board of Education that a charter school applicant is
362	filing an appeal, the Commissioner of Education shall convene a
363	meeting of the Charter School Appeal Commission to study and
364	make recommendations to the State Board of Education regarding
365	its pending decision about the appeal. The commission shall
366	forward its recommendation to the state board no later than 7
367	calendar days prior to the date on which the appeal is to be
368	heard. The State Board of Education shall by majority vote
369	accept or reject the decision of the district school board no
370	later than 90 calendar days after an appeal is filed in
371	accordance with State Board of Education rule. The Charter
372	School Appeal Commission may reject an appeal submission for
373	failure to comply with procedural rules governing the appeals
374	process. The rejection shall describe the submission errors. The
375	appellant may have up to 15 calendar days from notice of
376	rejection to resubmit an appeal that meets requirements of State
377	Board of Education rule. An application for appeal submitted
378	subsequent to such rejection shall be considered timely if the
379	original appeal was filed within 30 calendar days after receipt
380	of notice of the specific reasons for the district school
381	board's denial of the charter application. The State Board of
382	Education shall remand the application to the district school
383	board with its written decision that the district school board
384	approve or deny the application. The district school board shall
385	implement the decision of the State Board of Education. The
386	decision of the State Board of Education is not subject to the
387	provisions of the Administrative Procedure Act, chapter 120.
388	(d)  The district school board shall act upon the decision
389	of the State Board of Education within 30 calendar days after it
390	is received. The State Board of Education's decision is a final
391	action subject to judicial review in the district court of
392	appeal.
393	(e)1.  A Charter School Appeal Commission is established to
394	assist the commissioner and the State Board of Education with a
395	fair and impartial review of appeals by applicants whose charter
396	applications have been denied, whose charter contracts have not
397	been renewed, or whose charter contracts have been terminated by
398	their sponsors, or whose disputes over contract negotiations
399	have not been resolved through mediation.
400	2.  The Charter School Appeal Commission may receive copies
401	of the appeal documents forwarded to the State Board of
402	Education, review the documents, gather other applicable
403	information regarding the appeal, and make a written
404	recommendation to the commissioner. The recommendation must
405	state whether the appeal should be upheld or denied and include
406	the reasons for the recommendation being offered. The
407	commissioner shall forward the recommendation to the State Board
408	of Education no later than 7 calendar days prior to the date on
409	which the appeal is to be heard. The state board must consider
410	the commission's recommendation in making its decision, but is
411	not bound by the recommendation. The decision of the Charter
412	School Appeal Commission is not subject to the provisions of the
413	Administrative Procedure Act, chapter 120.
414	3.  The commissioner shall appoint the members of the
415	Charter School Appeal Commission. Members shall serve without
416	compensation but may be reimbursed for travel and per diem
417	expenses in conjunction with their service. One-half of the
418	members must represent currently operating charter schools, and
419	one-half of the members must represent school districts. The
420	commissioner or a named designee shall chair the Charter School
421	Appeal Commission.
422	4.  The chair shall convene meetings of the commission and
423	shall ensure that the written recommendations are completed and
424	forwarded in a timely manner. In cases where the commission
425	cannot reach a decision, the chair shall make the written
426	recommendation with justification, noting that the decision was
427	rendered by the chair.
428	5.  Commission members shall thoroughly review the
429	materials presented to them from the appellant and the sponsor.
430	The commission may request information to clarify the
431	documentation presented to it. In the course of its review, the
432	commission may facilitate the postponement of an appeal in those
433	cases where additional time and communication may negate the
434	need for a formal appeal and both parties agree, in writing, to
435	postpone the appeal to the State Board of Education. A new date
436	certain for the appeal shall then be set based upon the rules
437	and procedures of the State Board of Education. Commission
438	members shall provide a written recommendation to the state
439	board as to whether the appeal should be upheld or denied. A
440	fact-based justification for the recommendation must be
441	included. The chair must ensure that the written recommendation
442	is submitted to the State Board of Education members no later
443	than 7 calendar days prior to the date on which the appeal is to
444	be heard. Both parties in the case shall also be provided a copy
445	of the recommendation.
446	(f)  The Department of Education shall offer or arrange for
447	training and technical assistance to charter school applicants
448	in developing business plans and estimating costs and income.
449	This assistance shall address estimating startup costs,
450	projecting enrollment, and identifying the types and amounts of
451	state and federal financial assistance the charter school will
452	be eligible to receive. The department of Education may provide
453	other technical assistance to an applicant upon written request.
454	(g)  In considering charter applications for a lab school,
455	a state university shall consult with the district school board
456	of the county in which the lab school is located. The decision
457	of a state university may be appealed pursuant to the procedure
458	established in this subsection.
459	(h)  The terms and conditions for the operation of a
460	charter school shall be set forth by the sponsor and the
461	applicant in a written contractual agreement, called a charter.
462	The sponsor shall not impose unreasonable rules or regulations
463	that violate the intent of giving charter schools greater
464	flexibility to meet educational goals. The applicant and sponsor
465	shall have 60 days to provide an initial proposed charter
466	contract to the charter school and 75 days thereafter to
467	negotiate the contract and 6 months in which to mutually agree
468	to the provisions of the final charter contract. The proposed
469	charter shall be provided to the charter school at least 7
470	calendar days prior to the date on which the charter is
471	scheduled to be heard by the sponsor. The Department of
472	Education shall provide mediation services for any dispute
473	regarding this section subsequent to the approval of a charter
474	application and for any dispute relating to the approved
475	charter, except disputes regarding charter school application
476	denials. If the Commissioner of Education determines that the
477	dispute cannot be settled through mediation, the dispute may be
478	appealed to an administrative law judge appointed by the
479	Division of Administrative Hearings. The administrative law
480	judge may rule on issues of equitable treatment of the charter
481	school as a public school, whether proposed provisions of the
482	charter violate the intended flexibility granted charter schools
483	by statute, or on any other matter regarding this section except
484	a charter school application denial, a charter termination, or a
485	charter nonrenewal and shall award the prevailing party
486	reasonable attorney's fees and costs incurred to be paid by the
487	losing party. The costs of the administrative hearing shall be
488	paid by the party whom the administrative law judge rules
489	against.
490	(7)  CHARTER.--The major issues involving the operation of
491	a charter school shall be considered in advance and written into
492	the charter. The charter shall be signed by the governing body
493	of the charter school and the sponsor, following a public
494	hearing to ensure community input.
495	(a)  The charter shall address, and criteria for approval
496	of the charter shall be based on:
497	1.  The school's mission, the students to be served, and
498	the ages and grades to be included.
499	2.  The focus of the curriculum, the instructional methods
500	to be used, any distinctive instructional techniques to be
501	employed, and identification and acquisition of appropriate
502	technologies needed to improve educational and administrative
503	performance which include a means for promoting safe, ethical,
504	and appropriate uses of technology which comply with legal and
505	professional standards. The charter shall ensure that reading is
506	a primary focus of the curriculum and that resources are
507	provided to identify and provide specialized instruction for
508	students who are reading below grade level. The curriculum and
509	instructional strategies for reading must be consistent with the
510	Sunshine State Standards and grounded in scientifically based
511	reading research.
512	3.  The current incoming baseline standard of student
513	academic achievement, the outcomes to be achieved, and the
514	method of measurement that will be used. The criteria listed in
515	this subparagraph shall include a detailed description for each
516	of the following:
517	a.  How the baseline student academic achievement levels
518	and prior rates of academic progress will be established.
519	b.  How these baseline rates will be compared to rates of
520	academic progress achieved by these same students while
521	attending the charter school.
522	c.  To the extent possible, how these rates of progress
523	will be evaluated and compared with rates of progress of other
524	closely comparable student populations.
525
526	The district school board is required to provide academic
527	student performance data to charter schools for each of their
528	students coming from the district school system, as well as
529	rates of academic progress of comparable student populations in
530	the district school system.
531	4.  The methods used to identify the educational strengths
532	and needs of students and how well educational goals and
533	performance standards are met by students attending the charter
534	school. Included in the methods is a means for the charter
535	school to ensure accountability to its constituents by analyzing
536	student performance data and by evaluating the effectiveness and
537	efficiency of its major educational programs. Students in
538	charter schools shall, at a minimum, participate in the
539	statewide assessment program created under s. 1008.22.
540	5.  In secondary charter schools, a method for determining
541	that a student has satisfied the requirements for graduation in
542	s. 1003.43.
543	6.  A method for resolving conflicts between the governing
544	body of the charter school and the sponsor.
545	7.  The admissions procedures and dismissal procedures,
546	including the school's code of student conduct.
547	8.  The ways by which the school will achieve a
548	racial/ethnic balance reflective of the community it serves or
549	within the racial/ethnic range of other public schools in the
550	same school district.
551	9.  The financial and administrative management of the
552	school, including a reasonable demonstration of the professional
553	experience or competence of those individuals or organizations
554	applying to operate the charter school or those hired or
555	retained to perform such professional services and the
556	description of clearly delineated responsibilities and the
557	policies and practices needed to effectively manage the charter
558	school. A description of internal audit procedures and
559	establishment of controls to ensure that financial resources are
560	properly managed must be included. Both public sector and
561	private sector professional experience shall be equally valid in
562	such a consideration.
563	10.  The asset and liability projections required in the
564	application which are incorporated into the charter and which
565	shall be compared with information provided in the annual report
566	of the charter school. The charter shall ensure that, if a
567	charter school internal audit or annual financial audit reveals
568	a state of financial emergency as defined in s. 218.503 or
569	deficit financial position, the auditors are required to notify
570	the charter school governing board, the sponsor, and the
571	Department of Education. The internal auditor shall report such
572	findings in the form of an exit interview to the principal or
573	the principal administrator of the charter school and the chair
574	of the governing board within 7 working days after finding the
575	state of financial emergency or deficit position. A final report
576	shall be provided to the entire governing board, the sponsor,
577	and the Department of Education within 14 working days after the
578	exit interview. When a charter school is in a state of financial
579	emergency, the charter school shall file a detailed financial
580	recovery plan with the sponsor. The department, with the
581	involvement of both sponsors and charter schools, shall
582	establish guidelines for developing such plans.
583	11.  A description of procedures that identify various
584	risks and provide for a comprehensive approach to reduce the
585	impact of losses; plans to ensure the safety and security of
586	students and staff; plans to identify, minimize, and protect
587	others from violent or disruptive student behavior; and the
588	manner in which the school will be insured, including whether or
589	not the school will be required to have liability insurance,
590	and, if so, the terms and conditions thereof and the amounts of
591	coverage.
592	12.  The term of the charter which shall provide for
593	cancellation of the charter if insufficient progress has been
594	made in attaining the student achievement objectives of the
595	charter and if it is not likely that such objectives can be
596	achieved before expiration of the charter. The initial term of a
597	charter shall be for 3, 4, or 5 years. In order to facilitate
598	access to long-term financial resources for charter school
599	construction, charter schools that are operated by a
600	municipality or other public entity as provided by law are
601	eligible for up to a 15-year charter, subject to approval by the
602	district school board. A charter lab school is eligible for a
603	charter for a term of up to 15 years. In addition, to facilitate
604	access to long-term financial resources for charter school
605	construction, charter schools that are operated by a private,
606	not-for-profit, s. 501(c)(3) status corporation are eligible for
607	up to a 15-year 10-year charter, subject to approval by the
608	district school board. Such long-term charters remain subject to
609	annual review and may be terminated during the term of the
610	charter, but only for specific good cause according to the
611	provisions set forth in subsection (8).
612	13.  The facilities to be used and their location.
613	14.  The qualifications to be required of the teachers and
614	the potential strategies used to recruit, hire, train, and
615	retain qualified staff to achieve best value.
616	15.  The governance structure of the school, including the
617	status of the charter school as a public or private employer as
618	required in paragraph (12)(i).
619	16.  A timetable for implementing the charter which
620	addresses the implementation of each element thereof and the
621	date by which the charter shall be awarded in order to meet this
622	timetable.
623	17.  In the case of an existing public school being
624	converted to charter status, alternative arrangements for
625	current students who choose not to attend the charter school and
626	for current teachers who choose not to teach in the charter
627	school after conversion in accordance with the existing
628	collective bargaining agreement or district school board rule in
629	the absence of a collective bargaining agreement. However,
630	alternative arrangements shall not be required for current
631	teachers who choose not to teach in a charter lab school, except
632	as authorized by the employment policies of the state university
633	which grants the charter to the lab school.
634	(b)1.  A charter may be renewed every 5 school years,
635	provided that a program review demonstrates that the criteria in
636	paragraph (a) have been successfully accomplished and that none
637	of the grounds for nonrenewal established by paragraph (8)(a)
638	has been documented. In order to facilitate long-term financing
639	for charter school construction, charter schools operating for a
640	minimum of 2 years and demonstrating exemplary academic
641	programming and fiscal management are eligible for a 15-year
642	charter renewal. Such long-term charter is subject to annual
643	review and may be terminated during the term of the charter.
644	2.  The 15-year charter renewal that may be granted
645	pursuant to subparagraph 1. shall be granted to a charter school
646	that has received a school grade of "A" or "B" pursuant to s.
647	1008.34 in 3 of the past 4 years and is not in a state of
648	financial emergency or deficit position as defined by this
649	section. Such long-term charter is subject to annual review and
650	may be terminated during the term of the charter pursuant to
651	subsection (8).
652	(c)  A charter may be modified during its initial term or
653	any renewal term upon the recommendation of the sponsor or the
654	charter school governing board and the approval of both parties
655	to the agreement.
656	(8)  CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.--
657	(a)  At the end of the term of a charter, The sponsor may
658	choose not to renew or may terminate the charter for any of the
659	following grounds:
660	1.  Failure to participate in the state's education
661	accountability system created in s. 1008.31, as required in this
662	section, or failure to meet the requirements for student
663	performance stated in the charter.
664	2.  Failure to meet generally accepted standards of fiscal
665	management.
666	3.  Violation of law.
667	4.  Determination by the sponsor that the health, safety,
668	or welfare of the students is threatened Other good cause shown.
669	5.  Material breach or repeated violations of the terms of
670	the charter.
671	(b)  During the term of a charter, the sponsor may
672	terminate the charter for any of the grounds listed in paragraph
673	(a).
674	(b)(c)  At least 90 days prior to renewing or terminating a
675	charter, the sponsor shall notify the governing body of the
676	school of the proposed action in writing. The notice shall state
677	in reasonable detail the grounds for the proposed action and
678	stipulate that the school's governing body may, within 14
679	calendar days after receiving the notice, request an informal
680	hearing before the sponsor. The sponsor shall conduct the
681	informal hearing within 30 calendar days after receiving a
682	written request. The charter school's governing body may, within
683	14 calendar days after receiving the sponsor's decision to
684	terminate or refuse to renew the charter, appeal the decision
685	pursuant to the procedure established in subsection (6).
686	(c)  If a charter is not renewed or is terminated pursuant
687	to paragraph (b), the sponsor shall, within 10 calendar days,
688	articulate in writing the specific reasons for its nonrenewal or
689	termination of the charter and must provide the letter of
690	nonrenewal or termination and documentation supporting the
691	reasons to the charter school governing body, the charter school
692	principal, and the Department of Education. The charter school's
693	governing body may, within 30 calendar days after receiving the
694	sponsor's final written decision to refuse to renew or to
695	terminate the charter, appeal the decision pursuant to the
696	procedure established in subsection (6).
697	(d)  A charter may be terminated immediately if the sponsor
698	determines that good cause has been shown or if the health,
699	safety, or welfare of the students is threatened. The sponsor
700	shall notify in writing the charter school's governing body, the
701	charter school principal, and the department if a charter is
702	immediately terminated. The sponsor shall clearly identify the
703	specific issues that resulted in the immediate termination and
704	provide evidence of prior notification of issues resulting in
705	the immediate termination when appropriate. The school district
706	in which the charter school is located shall assume operation of
707	the school under these circumstances. The charter school's
708	governing board may, within 30 14 days after receiving the
709	sponsor's decision to terminate the charter, appeal the decision
710	pursuant to the procedure established in subsection (6).
711	(e)  When a charter is not renewed or is terminated, the
712	school shall be dissolved under the provisions of law under
713	which the school was organized, and any unencumbered public
714	funds, except for capital outlay funds and federal charter
715	school program grant funds, from the charter school shall revert
716	to the sponsor district school board. Capital outlay funds
717	provided pursuant to s. 1013.62 and federal charter school
718	program grant funds that are unencumbered shall revert to the
719	department to be redistributed among eligible charter schools.
720	In the event a charter school is dissolved or is otherwise
721	terminated, all district school board property and improvements,
722	furnishings, and equipment purchased with public funds shall
723	automatically revert to full ownership by the district school
724	board, subject to complete satisfaction of any lawful liens or
725	encumbrances. Any unencumbered public funds from the charter
726	school, district school board property and improvements,
727	furnishings, and equipment purchased with public funds, or
728	financial or other records pertaining to the charter school, in
729	the possession of any person, entity, or holding company, other
730	than the charter school, shall be held in trust upon the
731	district school board's request, until any appeal status is
732	resolved.
733	(f)  If a charter is not renewed or is terminated, the
734	charter school is responsible for all debts of the charter
735	school. The district may not assume the debt from any contract
736	for services made between the governing body of the school and a
737	third party, except for a debt that is previously detailed and
738	agreed upon in writing by both the district and the governing
739	body of the school and that may not reasonably be assumed to
740	have been satisfied by the district.
741	(g)  If a charter is not renewed or is terminated, a
742	student who attended the school may apply to, and shall be
743	enrolled in, another public school. Normal application deadlines
744	shall be disregarded under such circumstances.
745	(9)  CHARTER SCHOOL REQUIREMENTS.--
746	(a)  A charter school shall be nonsectarian in its
747	programs, admission policies, employment practices, and
748	operations.
749	(b)  A charter school shall admit students as provided in
750	subsection (10).
751	(c)  A charter school shall be accountable to its sponsor
752	for performance as provided in subsection (7).
753	(d)  A charter school shall not charge tuition or
754	registration fees, except those fees normally charged by other
755	public schools. However, a charter lab school may charge a
756	student activity and service fee as authorized by s. 1002.32(5).
757	(e)  A charter school shall meet all applicable state and
758	local health, safety, and civil rights requirements.
759	(f)  A charter school shall not violate the
760	antidiscrimination provisions of s. 1000.05.
761	(g)  A charter school shall provide for an annual financial
762	audit in accordance with s. 218.39. Financial audits that reveal
763	a state of financial emergency as defined in s. 218.503 and are
764	conducted by a certified public accountant or auditor in
765	accordance with s. 218.39 shall be provided to the governing
766	body of the charter school within 7 working days after finding
767	that a state of financial emergency exists. When a charter
768	school is found to be in a state of financial emergency by a
769	certified public accountant or auditor, the charter school must
770	file a detailed financial recovery plan with the sponsor within
771	30 days after receipt of the audit.
772	(h)  No organization shall hold more than 15 charters
773	statewide.
774	(i)  In order to provide financial information that is
775	comparable to that reported for other public schools, charter
776	schools are to maintain all financial records which constitute
777	their accounting system:
778	1.  In accordance with the accounts and codes prescribed in
779	the most recent issuance of the publication titled "Financial
780	and Program Cost Accounting and Reporting for Florida Schools";
781	or
782	2.  At the discretion of the charter school governing
783	board, a charter school may elect to follow generally accepted
784	accounting standards for not-for-profit organizations, but must
785	reformat this information for reporting according to this
786	paragraph.
787
788	Charter schools shall are to provide annual financial report and
789	program cost report information in the state-required formats
790	for inclusion in district reporting in compliance with s.
791	1011.60(1). Charter schools that are operated by a municipality
792	or are a component unit of a parent nonprofit organization may
793	use the accounting system of the municipality or the parent but
794	must reformat this information for reporting according to this
795	paragraph.
796	(j)  The governing board of the charter school shall
797	annually adopt and maintain an operating budget.
798	(k)  The governing body of the charter school shall
799	exercise continuing oversight over charter school operations.
800	(l)  The governing body of the charter school shall be
801	responsible for:
802	1.  Ensuring that the charter school has retained the
803	services of a certified public accountant or auditor for the
804	annual financial audit, pursuant to paragraph (g), who shall
805	submit the report to the governing body.
806	2.  Reviewing and approving the audit report, including
807	audit findings and recommendations for the financial recovery
808	plan.
809	3.  Monitoring a financial recovery plan in order to ensure
810	compliance.
811	(m)(l)  The governing body of the charter school shall
812	report its progress annually to its sponsor, which shall forward
813	the report to the Commissioner of Education at the same time as
814	other annual school accountability reports. The Department of
815	Education shall develop a uniform, on-line annual accountability
816	report to be completed by charter schools. This report shall be
817	easy to utilize and contain demographic information, student
818	performance data, and financial accountability information. A
819	charter school shall not be required to provide information and
820	data that is duplicative and already in the possession of the
821	department. The Department of Education shall include in its
822	compilation a notation if a school failed to file its report by
823	the deadline established by the department. The report shall
824	include at least the following components:
825	1.  Student achievement performance data, including the
826	information required for the annual school report and the
827	education accountability system governed by ss. 1008.31 and
828	1008.345. Charter schools are subject to the same accountability
829	requirements as other public schools, including reports of
830	student achievement information that links baseline student data
831	to the school's performance projections identified in the
832	charter. The charter school shall identify reasons for any
833	difference between projected and actual student performance.
834	2.  Financial status of the charter school which must
835	include revenues and expenditures at a level of detail that
836	allows for analysis of the ability to meet financial obligations
837	and timely repayment of debt.
838	3.  Documentation of the facilities in current use and any
839	planned facilities for use by the charter school for instruction
840	of students, administrative functions, or investment purposes.
841	4.  Descriptive information about the charter school's
842	personnel, including salary and benefit levels of charter school
843	employees, the proportion of instructional personnel who hold
844	professional or temporary certificates, and the proportion of
845	instructional personnel teaching in-field or out-of-field.
846	(n)(m)  A charter school shall not levy taxes or issue
847	bonds secured by tax revenues.
848	(o)(n)  A charter school shall provide instruction for at
849	least the number of days required by law for other public
850	schools, and may provide instruction for additional days.
851	(p)  The director and a representative of the governing
852	body of a charter school that has received a school grade of "D"
853	under s. 1008.34(2) shall appear before the sponsor or the
854	sponsor's staff at least once a year to present information
855	concerning each contract component having noted deficiencies.
856	The sponsor shall communicate at the meeting, and in writing to
857	the director, the services provided to the school to help the
858	school address its deficiencies.
859	(q)  Upon notification that a charter school receives a
860	school grade of "D" for 2 consecutive years or a school grade of
861	"F" under s. 1008.34(2), the charter school sponsor or the
862	sponsor's staff shall require the director and a representative
863	of the governing body to submit to the sponsor for approval a
864	school improvement plan to raise student achievement and to
865	implement the plan. The sponsor has the authority to approve a
866	school improvement plan that the charter school will implement
867	in the following school year. The Department of Education shall
868	offer technical assistance and training to the charter school
869	and its governing body and establish guidelines for developing,
870	submitting, and approving such plans.
871	1.  If the charter school fails to improve its student
872	performance from the year immediately prior to the
873	implementation of the school improvement plan, the sponsor shall
874	place the charter school on probation and shall require the
875	charter school governing body to take one of the following
876	corrective actions:
877	a.  Contract for the educational services of the charter
878	school;
879	b.  Reorganize the school at the end of the school year
880	under a new director or principal who is authorized to hire new
881	staff and implement a plan that addresses the causes of
882	inadequate progress; or
883	c.  Reconstitute the charter school.
884	2.  A charter school that is placed on probation shall
885	continue the corrective actions required under subparagraph 1.
886	until the charter school improves its student performance from
887	the year prior to the implementation of the school improvement
888	plan.
889	3.  Notwithstanding any provision of this paragraph, the
890	sponsor may terminate the charter at any time pursuant to the
891	provisions of subsection (8).
892	(r)  The director and a representative of the governing
893	body of a graded charter school that has submitted a school
894	improvement plan or has been placed on probation under paragraph
895	(q) shall appear before the sponsor or the sponsor's staff at
896	least once a year to present information regarding the
897	corrective strategies that are being implemented by the school
898	pursuant to the school improvement plan. The sponsor shall
899	communicate at the meeting, and in writing to the director, the
900	services provided to the school to help the school address its
901	deficiencies.
902	(10)  ELIGIBLE STUDENTS.--
903	(a)  A charter school shall be open to any student covered
904	in an interdistrict agreement or residing in the school district
905	in which the charter school is located; however, in the case of
906	a charter lab school, the charter lab school shall be open to
907	any student eligible to attend the lab school as provided in s.
908	1002.32 or who resides in the school district in which the
909	charter lab school is located. Any eligible student shall be
910	allowed interdistrict transfer to attend a charter school when
911	based on good cause.
912	(b)  The charter school shall enroll an eligible student
913	who submits a timely application, unless the number of
914	applications exceeds the capacity of a program, class, grade
915	level, or building. In such case, all applicants shall have an
916	equal chance of being admitted through a random selection
917	process.
918	(c)  When a public school converts to charter status,
919	enrollment preference shall be given to students who would have
920	otherwise attended that public school.
921	(d)  A charter school may give enrollment preference to the
922	following student populations:
923	1.  Students who are siblings of a student enrolled in the
924	charter school.
925	2.  Students who are the children of a member of the
926	governing board of the charter school.
927	3.  Students who are the children of an employee of the
928	charter school.
929	(e)  A charter school may limit the enrollment process only
930	to target the following student populations:
931	1.  Students within specific age groups or grade levels.
932	2.  Students considered at risk of dropping out of school
933	or academic failure. Such students shall include exceptional
934	education students.
935	3.  Students enrolling in a charter school-in-the-workplace
936	or charter school-in-a-municipality established pursuant to
937	subsection (15).
938	4.  Students residing within a reasonable distance of the
939	charter school, as described in paragraph (20)(c). Such students
940	shall be subject to a random lottery and to the racial/ethnic
941	balance provisions described in subparagraph (7)(a)8. or any
942	federal provisions that require a school to achieve a
943	racial/ethnic balance reflective of the community it serves or
944	within the racial/ethnic range of other public schools in the
945	same school district.
946	5.  Students who meet reasonable academic, artistic, or
947	other eligibility standards established by the charter school
948	and included in the charter school application and charter or,
949	in the case of existing charter schools, standards that are
950	consistent with the school's mission and purpose. Such standards
951	shall be in accordance with current state law and practice in
952	public schools and may not discriminate against otherwise
953	qualified individuals.
954	6.  Students articulating from one charter school to
955	another pursuant to an articulation agreement between the
956	charter schools that has been approved by the sponsor.
957	(f)  Students with handicapping conditions and students
958	served in English for Speakers of Other Languages programs shall
959	have an equal opportunity of being selected for enrollment in a
960	charter school.
961	(g)  A student may withdraw from a charter school at any
962	time and enroll in another public school as determined by
963	district school board rule.
964	(h)  The capacity of the charter school shall be determined
965	annually by the governing board, in conjunction with the
966	sponsor, of the charter school in consideration of the factors
967	identified in this subsection.
968	(11)  PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR
969	ACTIVITIES.--A charter school student is eligible to participate
970	in an interscholastic extracurricular activity at the public
971	school to which the student would be otherwise assigned to
972	attend pursuant to s. 1006.15(3)(d).
973	(12)  EMPLOYEES OF CHARTER SCHOOLS.--
974	(a)  A charter school shall select its own employees. A
975	charter school may contract with its sponsor for the services of
976	personnel employed by the sponsor.
977	(b)  Charter school employees shall have the option to
978	bargain collectively. Employees may collectively bargain as a
979	separate unit or as part of the existing district collective
980	bargaining unit as determined by the structure of the charter
981	school.
982	(c)  The employees of a conversion charter school shall
983	remain public employees for all purposes, unless such employees
984	choose not to do so.
985	(d)  The teachers at a charter school may choose to be part
986	of a professional group that subcontracts with the charter
987	school to operate the instructional program under the auspices
988	of a partnership or cooperative that they collectively own.
989	Under this arrangement, the teachers would not be public
990	employees.
991	(e)  Employees of a school district may take leave to
992	accept employment in a charter school upon the approval of the
993	district school board. While employed by the charter school and
994	on leave that is approved by the district school board, the
995	employee may retain seniority accrued in that school district
996	and may continue to be covered by the benefit programs of that
997	school district, if the charter school and the district school
998	board agree to this arrangement and its financing. School
999	districts shall not require resignations of teachers desiring to
1000	teach in a charter school. This paragraph shall not prohibit a
1001	district school board from approving alternative leave
1002	arrangements consistent with chapter 1012.
1003	(f)  Teachers employed by or under contract to a charter
1004	school shall be certified as required by chapter 1012. A charter
1005	school governing board may employ or contract with skilled
1006	selected noncertified personnel to provide instructional
1007	services or to assist instructional staff members as education
1008	paraprofessionals in the same manner as defined in chapter 1012,
1009	and as provided by State Board of Education rule for charter
1010	school governing boards. A charter school may not knowingly
1011	employ an individual to provide instructional services or to
1012	serve as an education paraprofessional if the individual's
1013	certification or licensure as an educator is suspended or
1014	revoked by this or any other state. A charter school may not
1015	knowingly employ an individual who has resigned from a school
1016	district in lieu of disciplinary action with respect to child
1017	welfare or safety, or who has been dismissed for just cause by
1018	any school district with respect to child welfare or safety. The
1019	qualifications of teachers shall be disclosed to parents.
1020	(g)  A charter school shall employ or contract with
1021	employees who have undergone background screening as provided in
1022	s. 1012.32. Members of the governing board of the charter school
1023	shall also undergo background screening in a manner similar to
1024	that provided in s. 1012.32.
1025	(h)  For the purposes of tort liability, the governing body
1026	and employees of a charter school shall be governed by s.
1027	768.28.
1028	(i)  A charter school shall organize as, or be operated by,
1029	a nonprofit organization. A charter school may be operated by a
1030	municipality or other public entity as provided for by law. As
1031	such, the charter school may be either a private or a public
1032	employer. As a public employer, a charter school may participate
1033	in the Florida Retirement System upon application and approval
1034	as a "covered group" under s. 121.021(34). If a charter school
1035	participates in the Florida Retirement System, the charter
1036	school employees shall be compulsory members of the Florida
1037	Retirement System. As either a private or a public employer, a
1038	charter school may contract for services with an individual or
1039	group of individuals who are organized as a partnership or a
1040	cooperative. Individuals or groups of individuals who contract
1041	their services to the charter school are not public employees.
1042	(13)  CHARTER SCHOOL COOPERATIVES.--Charter schools may
1043	enter into cooperative agreements to form charter school
1044	cooperative organizations that may provide the following
1045	services: charter school planning and development, direct
1046	instructional services, and contracts with charter school
1047	governing boards to provide personnel administrative services,
1048	payroll services, human resource management, evaluation and
1049	assessment services, teacher preparation, and professional
1050	development.
1051	(14)  CHARTER SCHOOL FINANCIAL ARRANGEMENTS;
1052	INDEMNIFICATION OF THE STATE AND SCHOOL DISTRICT; CREDIT OR
1053	TAXING POWER NOT TO BE PLEDGED.--Any arrangement entered into to
1054	borrow or otherwise secure funds for a charter school authorized
1055	in this section from a source other than the state or a school
1056	district shall indemnify the state and the school district from
1057	any and all liability, including, but not limited to, financial
1058	responsibility for the payment of the principal or interest. Any
1059	loans, bonds, or other financial agreements are not obligations
1060	of the state or the school district but are obligations of the
1061	charter school authority and are payable solely from the sources
1062	of funds pledged by such agreement. The credit or taxing power
1063	of the state or the school district shall not be pledged and no
1064	debts shall be payable out of any moneys except those of the
1065	legal entity in possession of a valid charter approved by a
1066	district school board pursuant to this section.
1067	(15)  CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER SCHOOLS-IN-
1068	A-MUNICIPALITY.--
1069	(a)  In order to increase business partnerships in
1070	education, to reduce school and classroom overcrowding
1071	throughout the state, and to offset the high costs for
1072	educational facilities construction, the Legislature intends to
1073	encourage the formation of business partnership schools or
1074	satellite learning centers and municipal-operated schools
1075	through charter school status.
1076	(b)  A charter school-in-the-workplace may be established
1077	when a business partner provides the school facility to be used;
1078	enrolls students based upon a random lottery that involves all
1079	of the children of employees of that business or corporation who
1080	are seeking enrollment, as provided for in subsection (10); and
1081	enrolls students according to the racial/ethnic balance
1082	provisions described in subparagraph (7)(a)8. Any portion of a
1083	facility used for a public charter school shall be exempt from
1084	ad valorem taxes, as provided for in s. 1013.54, for the
1085	duration of its use as a public school.
1086	(c)  A charter school-in-a-municipality designation may be
1087	granted to a municipality that possesses a charter; enrolls
1088	students based upon a random lottery that involves all of the
1089	children of the residents of that municipality who are seeking
1090	enrollment, as provided for in subsection (10); and enrolls
1091	students according to the racial/ethnic balance provisions
1092	described in subparagraph (7)(a)8. When a municipality has
1093	submitted charter applications for the establishment of a
1094	charter school feeder pattern, consisting of elementary, middle,
1095	and senior high schools, and each individual charter application
1096	is approved by the district school board, such schools shall
1097	then be designated as one charter school for all purposes listed
1098	pursuant to this section. Any portion of the land and facility
1099	used for a public charter school shall be exempt from ad valorem
1100	taxes, as provided for in s. 1013.54, for the duration of its
1101	use as a public school.
1102	(d)  As used in this subsection, the terms "business
1103	partner" or "municipality" may include more than one business or
1104	municipality to form a charter school-in-the-workplace or
1105	charter school-in-a-municipality.
1106	(16)  EXEMPTION FROM STATUTES.--
1107	(a)  A charter school shall operate in accordance with its
1108	charter and shall be exempt from all statutes in chapters 1000-
1109	1013. However, a charter school shall be in compliance with the
1110	following statutes in chapters 1000-1013:
1111	1.  Those statutes specifically applying to charter
1112	schools, including this section.
1113	2.  Those statutes pertaining to the student assessment
1114	program and school grading system.
1115	3.  Those statutes pertaining to the provision of services
1116	to students with disabilities.
1117	4.  Those statutes pertaining to civil rights, including s.
1118	1000.05, relating to discrimination.
1119	5.  Those statutes pertaining to student health, safety,
1120	and welfare.
1121	(b)  Additionally, a charter school shall be in compliance
1122	with the following statutes:
1123	1.  Section 286.011, relating to public meetings and
1124	records, public inspection, and criminal and civil penalties.
1125	2.  Chapter 119, relating to public records.
1126	(17)  FUNDING.--Students enrolled in a charter school,
1127	regardless of the sponsorship, shall be funded as if they are in
1128	a basic program or a special program, the same as students
1129	enrolled in other public schools in the school district. Funding
1130	for a charter lab school shall be as provided in s. 1002.32.
1131	(a)  Each charter school shall report its student
1132	enrollment to the district school board as required in s.
1133	1011.62, and in accordance with the definitions in s. 1011.61.
1134	The district school board shall include each charter school's
1135	enrollment in the district's report of student enrollment. All
1136	charter schools submitting student record information required
1137	by the Department of Education shall comply with the Department
1138	of Education's guidelines for electronic data formats for such
1139	data, and all districts shall accept electronic data that
1140	complies with the Department of Education's electronic format.
1141	(b)  The basis for the agreement for funding students
1142	enrolled in a charter school shall be the sum of the school
1143	district's operating funds from the Florida Education Finance
1144	Program as provided in s. 1011.62 and the General Appropriations
1145	Act, including gross state and local funds, discretionary
1146	lottery funds, and funds from the school district's current
1147	operating discretionary millage levy; divided by total funded
1148	weighted full-time equivalent students in the school district;
1149	multiplied by the weighted full-time equivalent students for the
1150	charter school. Charter schools whose students or programs meet
1151	the eligibility criteria in law shall be entitled to their
1152	proportionate share of categorical program funds included in the
1153	total funds available in the Florida Education Finance Program
1154	by the Legislature, including transportation. Total funding for
1155	each charter school shall be recalculated during the year to
1156	reflect the revised calculations under the Florida Education
1157	Finance Program by the state and the actual weighted full-time
1158	equivalent students reported by the charter school during the
1159	full-time equivalent student survey periods designated by the
1160	Commissioner of Education.
1161	(c)  If the district school board is providing programs or
1162	services to students funded by federal funds, any eligible
1163	students enrolled in charter schools in the school district
1164	shall be provided federal funds for the same level of service
1165	provided students in the schools operated by the district school
1166	board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all
1167	charter schools shall receive all federal funding for which the
1168	school is otherwise eligible, including Title I funding, not
1169	later than 5 months after the charter school first opens and
1170	within 5 months after any subsequent expansion of enrollment.
1171	(d)  District school boards shall make every effort to
1172	ensure that charter schools receive timely and efficient payment
1173	and reimbursement to charter schools, including processing
1174	paperwork required to access special state and federal funding
1175	for which they may be eligible. The district school board may
1176	distribute funds to a charter school for up to 3 months based on
1177	the projected full-time equivalent student membership of the
1178	charter school. Thereafter, the results of full-time equivalent
1179	student membership surveys shall be used in adjusting the amount
1180	of funds distributed monthly to the charter school for the
1181	remainder of the fiscal year. The payment shall be issued no
1182	later than 10 working days after the district school board
1183	receives a distribution of state or federal funds. If a warrant
1184	for payment is not issued within 10 30 working days after
1185	receipt of funding by the district school board, the school
1186	district shall pay to the charter school, in addition to the
1187	amount of the scheduled disbursement, interest at a rate of 5 1
1188	percent per month calculated on a daily basis on the unpaid
1189	balance from the expiration of the 10 working days 30-day period
1190	until such time as the warrant is issued. The Commissioner of
1191	Education is authorized to withhold lottery funds from school
1192	districts that repeatedly fail to make timely payments and
1193	reimbursements.
1194	(e)  The State Board of Education is authorized to impose a
1195	fine on or withhold lottery funds from a school district for any
1196	violation of the procedural requirements for charter school
1197	application, termination, or nonrenewal appeals regardless of
1198	whether the violation affects the fairness of the appeal process
1199	or the correctness of the action taken by the school district.
1200	Prior to the imposition of a fine or the withholding of lottery
1201	funds under this paragraph, the State Board of Education shall
1202	provide the school district with notice of the amount of the
1203	proposed fine or lottery funds to be withheld and an opportunity
1204	to be heard at a subsequent meeting of the State Board of
1205	Education. The funds collected for fines under this paragraph
1206	shall be taken from the school district's administrative fee
1207	under paragraph (20)(a) and disbursed to the prevailing charter
1208	school appellant under this section or, if the charter school
1209	appellant's appeal is denied, in equal amounts to each of the
1210	charter schools within the school district. The imposition of a
1211	fine under this paragraph shall not exceed $10,000 and is a
1212	final action subject to judicial review in the district court of
1213	appeals.
1214	(18)  FACILITIES.--
1215	(a)  A startup charter school shall utilize facilities
1216	which comply with the Florida Building Code pursuant to chapter
1217	553 except for the State Requirements for Educational
1218	Facilities. Conversion charter schools shall utilize facilities
1219	that comply with the State Requirements for Educational
1220	Facilities, provided that the school district and the charter
1221	school have entered into a mutual management plan with
1222	sufficient funding from the school district to comply with the
1223	State Requirements for Educational Facilities. Charter schools,
1224	with the exception of conversion charter schools, are not
1225	required to comply, but may choose to comply, with the State
1226	Requirements for Educational Facilities of the Florida Building
1227	Code adopted pursuant to s. 1013.37. The local governing
1228	authority shall not adopt or impose local building requirements
1229	or restrictions that are more stringent than those found in the
1230	Florida Building Code. The agency having jurisdiction for
1231	inspection of a facility and issuance of a certificate of
1232	occupancy shall be the local municipality or, if in an
1233	unincorporated area, the county governing authority.
1234	(b)  A charter school shall utilize facilities that comply
1235	with the Florida Fire Prevention Code, pursuant to s. 633.025,
1236	as adopted by the authority in whose jurisdiction the facility
1237	is located as provided in paragraph (a).
1238	(c)  Any facility, or portion thereof, used to house a
1239	charter school whose charter has been approved by the sponsor
1240	and the governing board, pursuant to subsection (7), shall be
1241	exempt from ad valorem taxes pursuant to s. 196.1983. Library,
1242	community service, museum, performing arts, theatre, cinema,
1243	church, community college, college, and university facilities
1244	may provide space to charter schools within their facilities
1245	under their preexisting zoning and land use designations.
1246	(d)  Charter school facilities are exempt from assessments
1247	of fees for building permits, except as provided in s. 553.80,
1248	fees and for building and occupational licenses, and from
1249	assessments of impact fees or service availability fees.
1250	(e)  If a district school board facility or property is
1251	available because it is surplus, marked for disposal, or
1252	otherwise unused, it shall be provided for a charter school's
1253	use on the same basis as it is made available to other public
1254	schools in the district. A charter school receiving property
1255	from the school district may not sell or dispose of such
1256	property without written permission of the school district.
1257	Similarly, for an existing public school converting to charter
1258	status, no rental or leasing fee for the existing facility or
1259	for the property normally inventoried to the conversion school
1260	may be charged by the district school board to the parents and
1261	teachers organizing the charter school. The charter school
1262	organizers shall agree to reasonable maintenance provisions in
1263	order to maintain the facility in a manner similar to district
1264	school board standards. The Public Education Capital Outlay
1265	maintenance funds or any other maintenance funds generated by
1266	the facility operated as a conversion school shall remain with
1267	the conversion school.
1268	(f)  To the extent that charter school facilities are
1269	specifically created to mitigate the educational impact created
1270	by the development of new residential dwelling units, pursuant
1271	to subparagraph (2)(c)4., some of or all of the educational
1272	impact fees required to be paid in connection with the new
1273	residential dwelling units may be designated instead for the
1274	construction of the charter school facilities that will mitigate
1275	the student station impact. Such facilities shall be built to
1276	the State Requirements for Educational Facilities and shall be
1277	owned by a public or nonprofit entity. The local school district
1278	retains the right to monitor and inspect such facilities to
1279	ensure compliance with the State Requirements for Educational
1280	Facilities. If a facility ceases to be used for public
1281	educational purposes, either the facility shall revert to the
1282	school district subject to any debt owed on the facility, or the
1283	owner of the facility shall have the option to refund all
1284	educational impact fees utilized for the facility to the school
1285	district. The district and the owner of the facility may
1286	contractually agree to another arrangement for the facilities if
1287	the facilities cease to be used for educational purposes. The
1288	owner of property planned or approved for new residential
1289	dwelling units and the entity levying educational impact fees
1290	shall enter into an agreement that designates the educational
1291	impact fees that will be allocated for the charter school
1292	student stations and that ensures the timely construction of the
1293	charter school student stations concurrent with the expected
1294	occupancy of the residential units. The application for use of
1295	educational impact fees shall include an approved charter school
1296	application. To assist the school district in forecasting
1297	student station needs, the entity levying the impact fees shall
1298	notify the affected district of any agreements it has approved
1299	for the purpose of mitigating student station impact from the
1300	new residential dwelling units.
1301	(g)  Each school district shall annually provide to the
1302	Department of Education as part of its 5-year work plan the
1303	number of existing vacant classrooms in each school that the
1304	district does not intend to use or does not project will be
1305	needed for educational purposes for the following school year.
1306	The department may recommend that a district make such space
1307	available to an appropriate charter school.
1308	(19)  CAPITAL OUTLAY FUNDING.--Charter schools are eligible
1309	for capital outlay funds pursuant to s. 1013.62.
1310	(20)  SERVICES.--
1311	(a)  A sponsor shall provide certain administrative and
1312	educational services to charter schools. These services shall
1313	include contract management services; full-time equivalent and
1314	data reporting services; exceptional student education
1315	administration services; services related to eligibility and
1316	reporting duties required to ensure that school lunch services
1317	under the federal lunch program, consistent with the needs of
1318	the charter school, are provided by the school district at the
1319	request of the charter school; test administration services,
1320	including payment of the costs of state-required or district-
1321	required student assessments; processing of teacher certificate
1322	data services; and information services, including equal access
1323	to student information systems that are used by public schools
1324	in the district in which the charter school is located. Student
1325	performance data for each student in a charter school,
1326	including, but not limited to, FCAT scores, standardized test
1327	scores, individual report cards, and student performance
1328	measures, shall be provided by the sponsor to a charter school
1329	in the same manner provided to other public schools in the
1330	district. A total administrative fee for the provision of such
1331	services shall be calculated based upon up to 5 percent of the
1332	available funds defined in paragraph (17)(b) for all students.
1333	However, a sponsor may only withhold up to a 5-percent
1334	administrative fee for enrollment for up to and including 500
1335	students. For charter schools with a population of 501 or more
1336	students, the difference between the total administrative fee
1337	calculation and the amount of the administrative fee withheld
1338	may only be used for capital outlay purposes specified in s.
1339	1013.62(2). Sponsors shall not charge charter schools any
1340	additional fees or surcharges for administrative and educational
1341	services in addition to the maximum 5-percent administrative fee
1342	withheld pursuant to this paragraph.
1343	(b)  If goods and services are made available to the
1344	charter school through the contract with the school district,
1345	they shall be provided to the charter school at a rate no
1346	greater than the district's actual cost unless mutually agreed
1347	upon by the charter school and the sponsor in a contract
1348	negotiated separately from the charter. When mediation has
1349	failed to resolve disputes over contracted services or
1350	contractual matters not included in the charter, an appeal may
1351	be made for a dispute resolution hearing before the Charter
1352	School Appeal Commission. To maximize the use of state funds,
1353	school districts shall allow charter schools to participate in
1354	the sponsor's bulk purchasing program if applicable.
1355	(c)  Transportation of charter school students shall be
1356	provided by the charter school consistent with the requirements
1357	of subpart I.E. of chapter 1006 and s. 1012.45. The governing
1358	body of the charter school may provide transportation through an
1359	agreement or contract with the district school board, a private
1360	provider, or parents. The charter school and the sponsor shall
1361	cooperate in making arrangements that ensure that transportation
1362	is not a barrier to equal access for all students residing
1363	within a reasonable distance of the charter school as determined
1364	in its charter.
1365	(21)  PUBLIC INFORMATION ON CHARTER SCHOOLS.--The
1366	Department of Education shall provide information to the public,
1367	directly and through sponsors, both on how to form and operate a
1368	charter school and on how to enroll in charter schools once they
1369	are created. This information shall include a standard
1370	application format, charter format, and charter renewal format
1371	which shall include the information specified in subsection (7).
1372	These formats shall This application format may be used as
1373	guidelines by charter school sponsors chartering entities.
1374	(22)  CHARTER SCHOOL REVIEW PANEL AND LEGISLATIVE REVIEW.--
1375	(a)  The Department of Education shall staff and regularly
1376	convene a Charter School Review Panel in order to review issues,
1377	practices, and policies regarding charter schools. The
1378	composition of the review panel shall include individuals with
1379	experience in finance, administration, law, education, and
1380	school governance, and individuals familiar with charter school
1381	construction and operation. The panel shall include two
1382	appointees each from the Commissioner of Education, the
1383	President of the Senate, and the Speaker of the House of
1384	Representatives. The Governor shall appoint three members of the
1385	panel and shall designate the chair. Each member of the panel
1386	shall serve a 1-year term, unless renewed by the office making
1387	the appointment. The panel shall make recommendations to the
1388	Legislature, to the Department of Education, to charter schools,
1389	and to school districts for improving charter school operations
1390	and oversight and for ensuring best business practices at and
1391	fair business relationships with charter schools.
1392	(b)  The Legislature shall review the operation of charter
1393	schools during the 2010 2005 Regular Session of the Legislature.
1394	(23)  ANALYSIS OF CHARTER SCHOOL PERFORMANCE.--Upon receipt
1395	of the annual report required by paragraph (9)(m)(l), the
1396	Department of Education shall provide to the State Board of
1397	Education, the Commissioner of Education, the Governor, the
1398	President of the Senate, and the Speaker of the House of
1399	Representatives an analysis and comparison of the overall
1400	performance of charter school students, to include all students
1401	whose scores are counted as part of the statewide assessment
1402	program, versus comparable public school students in the
1403	district as determined by the statewide assessment program
1404	currently administered in the school district, and other
1405	assessments administered pursuant to s. 1008.22(3).
1406	(24)  RULEMAKING.--The Department of Education, after
1407	consultation with school districts and charter school directors,
1408	shall recommend that the State Board of Education adopt rules to
1409	implement specific subsections of this section. Such rules shall
1410	require minimum paperwork and shall not limit charter school
1411	flexibility authorized by statute.
1412	Section 2.  Subsection (5) of section 218.39, Florida
1413	Statutes, is amended to read:
1414	218.39  Annual financial audit reports.--
1415	(5)  At the conclusion of the audit, the auditor shall
1416	discuss with the chair of each local governmental entity or the
1417	chair's designee, or with the elected official of each county
1418	agency or with the elected official's designee, or with the
1419	chair of the district school board or the chair's designee, or
1420	with the chair of the board of the charter school or the chair's
1421	designee, or with the chair of the charter technical career
1422	center or the chair's designee, as appropriate, all of the
1423	auditor's comments that will be included in the audit report. If
1424	the officer is not available to discuss the auditor's comments,
1425	their discussion is presumed when the comments are delivered in
1426	writing to his or her office. The auditor shall notify each
1427	member of the governing body of a local governmental entity, or
1428	district school board, or charter school for which deteriorating
1429	financial conditions exist that may cause a condition described
1430	in s. 218.503(1) to occur if actions are not taken to address
1431	such conditions.
1432	Section 3.  Section 218.50, Florida Statutes, is amended to
1433	read:
1434	218.50  Short title.--Sections 218.50-218.504 may be cited
1435	as the "Local Governmental Entity, Charter School, and District
1436	School Board Financial Emergencies Act."
1437	Section 4.  Section 218.501, Florida Statutes, is amended
1438	to read:
1439	218.501  Purposes.--The purposes of ss. 218.50-218.504 are:
1440	(1)  To promote the fiscal responsibility of local
1441	governmental entities, charter schools, and district school
1442	boards.
1443	(2)  To assist local governmental entities, charter
1444	schools, and district school boards in providing essential
1445	services without interruption and in meeting their financial
1446	obligations.
1447	(3)  To assist local governmental entities, charter
1448	schools, and district school boards through the improvement of
1449	local financial management procedures.
1450	Section 5.  Subsections (1) and (2) of section 218.503,
1451	Florida Statutes, are amended, a new subsection (4) is added,
1452	and subsections (4) and (5) of that section are renumbered as
1453	subsections (5) and (6), respectively, to read:
1454	218.503  Determination of financial emergency.--
1455	(1)  Local governmental entities, charter schools, and
1456	district school boards shall be subject to review and oversight
1457	by the Governor, charter school sponsor, or the Commissioner of
1458	Education, as appropriate, when any one of the following
1459	conditions occurs:
1460	(a)  Failure within the same fiscal year in which due to
1461	pay short-term loans or failure to make bond debt service or
1462	other long-term debt payments when due, as a result of a lack of
1463	funds.
1464	(b)  Failure to pay uncontested claims from creditors
1465	within 90 days after the claim is presented, as a result of a
1466	lack of funds.
1467	(c)  Failure to transfer at the appropriate time, due to
1468	lack of funds:
1469	1.  Taxes withheld on the income of employees; or
1470	2.  Employer and employee contributions for:
1471	a.  Federal social security; or
1472	b.  Any pension, retirement, or benefit plan of an
1473	employee.
1474	(d)  Failure for one pay period to pay, due to lack of
1475	funds:
1476	1.  Wages and salaries owed to employees; or
1477	2.  Retirement benefits owed to former employees.
1478	(e)  An unreserved or total fund balance or retained
1479	earnings deficit, or unrestricted or total net assets deficit,
1480	as reported on the balance sheet or statement of net assets on
1481	the general purpose or fund financial statements, for which
1482	sufficient resources of the local governmental entity, as
1483	reported on the balance sheet or statement of net assets on the
1484	general purpose or fund financial statements, are not available
1485	to cover the deficit. Resources available to cover reported
1486	deficits include net assets that are not otherwise restricted by
1487	federal, state, or local laws, bond covenants, contractual
1488	agreements, or other legal constraints. Fixed or capital assets,
1489	the disposal of which would impair the ability of a local
1490	governmental entity to carry out its functions, are not
1491	considered resources available to cover reported deficits.
1492	(2)  A local governmental entity shall notify the Governor
1493	and the Legislative Auditing Committee, a charter school shall
1494	notify the charter school sponsor and the Legislative Auditing
1495	Committee, and a district school board shall notify the
1496	Commissioner of Education and the Legislative Auditing
1497	Committee, when one or more of the conditions specified in
1498	subsection (1) have occurred or will occur if action is not
1499	taken to assist the local governmental entity, charter school,
1500	or district school board. In addition, any state agency must,
1501	within 30 days after a determination that one or more of the
1502	conditions specified in subsection (1) have occurred or will
1503	occur if action is not taken to assist the local governmental
1504	entity, charter school, or district school board, notify the
1505	Governor, charter school sponsor, or the Commissioner of
1506	Education, as appropriate, and the Legislative Auditing
1507	Committee.
1508	(4)  Upon notification that one or more of the conditions
1509	in subsection (1) exist, the charter school sponsor or the
1510	sponsor's designee shall contact the charter school governing
1511	body to determine what actions have been taken by the charter
1512	school governing body to resolve the condition. The charter
1513	school sponsor has the authority to require and approve a
1514	financial recovery plan, to be prepared by the charter school
1515	governing body, prescribing actions that will cause the charter
1516	school to no longer be subject to this section. The Department
1517	of Education shall establish guidelines for developing such
1518	plans.
1519	Section 6.  Subsection (1) of section 218.504, Florida
1520	Statutes, is amended to read:
1521	218.504  Cessation of state action.--The Governor or the
1522	Commissioner of Education, as appropriate, has the authority to
1523	terminate all state actions pursuant to ss. 218.50-218.504.
1524	Cessation of state action must not occur until the Governor or
1525	the Commissioner of Education, as appropriate, has determined
1526	that:
1527	(1)  The local governmental entity, charter school, or
1528	district school board:
1529	(a)  Has established and is operating an effective
1530	financial accounting and reporting system.
1531	(b)  Has resolved the conditions outlined in s. 218.503(1).
1532	Section 7.  Paragraph (e) of subsection (7) and subsection
1533	(8) of section 11.45, Florida Statutes, are amended to read:
1534	11.45  Definitions; duties; authorities; reports; rules.--
1535	(7)  AUDITOR GENERAL REPORTING REQUIREMENTS.--
1536	(e)  The Auditor General shall notify the Governor or the
1537	Commissioner of Education, as appropriate, and the Legislative
1538	Auditing Committee of any audit report reviewed by the Auditor
1539	General pursuant to paragraph (b) which contains a statement
1540	that a local governmental entity, charter school, or district
1541	school board has met one or more of the conditions specified in
1542	s. 218.503. If the Auditor General requests a clarification
1543	regarding information included in an audit report to determine
1544	whether a local governmental entity, charter school, or district
1545	school board has met one or more of the conditions specified in
1546	s. 218.503, the requested clarification must be provided within
1547	45 days after the date of the request. If the local governmental
1548	entity, charter school, or district school board does not comply
1549	with the Auditor General's request, the Auditor General shall
1550	notify the Legislative Auditing Committee. If, after obtaining
1551	the requested clarification, the Auditor General determines that
1552	the local governmental entity, charter school, or district
1553	school board has met one or more of the conditions specified in
1554	s. 218.503, he or she shall notify the Governor or the
1555	Commissioner of Education, as appropriate, and the Legislative
1556	Auditing Committee.
1557	(8)  RULES OF THE AUDITOR GENERAL.--The Auditor General, in
1558	consultation with the Board of Accountancy, shall adopt rules
1559	for the form and conduct of all financial audits performed by
1560	independent certified public accountants pursuant to ss.
1561	215.981, 218.39, 1001.453, 1004.28, and 1004.70. The rules for
1562	audits of local governmental entities, charter schools, and
1563	district school boards must include, but are not limited to,
1564	requirements for the reporting of information necessary to carry
1565	out the purposes of the Local Governmental Entity, Charter
1566	School, and District School Board Financial Emergencies Act as
1567	stated in s. 218.501.
1568	Section 8.  Subsection (3) of section 1003.05, Florida
1569	Statutes, is amended to read:
1570	1003.05  Assistance to transitioning students from military
1571	families.--
1572	(3)  Dependent children of active duty military personnel
1573	who otherwise meet the eligibility criteria for special academic
1574	programs offered through public schools shall be given first
1575	preference for admission to such programs even if the program is
1576	being offered through a public school other than the school to
1577	which the student would generally be assigned and the school at
1578	which the program is being offered has reached its maximum
1579	enrollment. If such a program is offered through a public school
1580	other than the school to which the student would generally be
1581	assigned, the parent or guardian of the student must assume
1582	responsibility for transporting the student to that school. For
1583	purposes of this subsection, special academic programs include
1584	charter schools, magnet schools, advanced studies programs,
1585	advanced placement, dual enrollment, and International
1586	Baccalaureate.
1587	Section 9.  Effective July 1, 2007, subsection (2) of
1588	section 1012.74, Florida Statutes, is amended to read:
1589	1012.74  Florida educators professional liability insurance
1590	protection.--
1591	(2)(a)  Educator professional liability coverage for all
1592	instructional personnel, including charter school instructional
1593	personnel, as defined by s. 1012.01(2), who are full-time
1594	personnel, as defined by the district school board policy, shall
1595	be provided by specific appropriations under the General
1596	Appropriations Act.
1597	(b)  Educator professional liability coverage shall be
1598	extended at cost to all instructional personnel, including
1599	charter school instructional personnel, as defined by s.
1600	1012.01(2), who are part-time personnel, as defined by the
1601	district school board policy, and choose to participate in the
1602	state-provided program.
1603	(c)  Educator professional liability coverage shall be
1604	extended at cost to all administrative personnel, including
1605	administrative personnel in charter schools, as defined by s.
1606	1012.01(3), who choose to participate in the state-provided
1607	program.
1608	Section 10.  Except as otherwise expressly provided in this
1609	act, this act shall take effect July 1, 2006.

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