HB 7103

CS

CHAMBER ACTION

1	The Education Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to charter schools; amending s. 1002.33,
7	F.S.; revising charter school purposes; modifying
8	provisions relating to duties of sponsors, the application
9	process, denial of an application, and review of appeals;
10	requiring the Department of Education to provide technical
11	assistance to charter school applicants; providing
12	requirements relating to charter contracts; providing
13	procedures when a state of financial emergency exists;
14	revising provisions relating to charter terms and renewal;
15	revising nonrenewal and termination provisions, including
16	procedures for immediate termination; revising provisions
17	relating to the reversion of funds; revising duties of a
18	charter school governing body relating to audits;
19	requiring the department to develop a uniform
20	accountability report; providing procedures with respect
21	to charter schools with deficiencies; requiring a school
22	improvement plan to raise student achievement; providing
23	for probation and corrective actions; requiring
24	consultation with respect to conversion charter school
25	attendance zones; revising provisions relating to payment
26	and reimbursement to a charter school by a school district
27	and authorizing the withholding of lottery funds under
28	certain circumstances; authorizing the State Board of
29	Education to impose a fine on or withhold lottery funds
30	from a school district for certain violations; requiring
31	conversion charter schools to comply with certain facility
32	requirements under specific situations; authorizing
33	certain zoning and land use designations for certain
34	charter school facilities; revising exemption from
35	assessment of fees; authorizing the department to
36	recommend that school districts make certain space
37	available to charter schools; providing for additional
38	services to charter schools and revising administrative
39	fee requirements; requiring the department to develop a
40	standard format for applications, charters, and charter
41	renewals; requiring legislative review of charter schools
42	in 2010; amending s. 218.39, F.S.; requiring the governing
43	body of a charter school to be notified of certain
44	deteriorating financial conditions; amending s. 218.50,
45	F.S.; modifying a short title; amending s. 218.501, F.S.;
46	including charter schools in the statement of purpose
47	relating to financial management; amending s. 218.503,
48	F.S.; providing for charter schools to be subject to
49	provisions governing financial emergencies; providing
50	procedures; amending s. 218.504, F.S.; providing for
51	cessation of state action related to a state of financial
52	emergency; amending s. 11.45, F.S.; conforming provisions;
53	amending s. 1003.05, F.S.; modifying the list of special
54	academic programs for transitioning students from military
55	families; amending s. 1012.74, F.S.; providing that
56	educator professional liability insurance shall cover
57	charter school personnel; 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. The applicant and the sponsor
467	shall have 75 days thereafter to negotiate and notice the
468	charter contract for final approval by the sponsor unless both
469	parties agree to an extension 6 months in which to mutually
470	agree to the provisions of the charter. The proposed charter
471	contract shall be provided to the charter school at least 7
472	calendar days prior to the date of the meeting at which the
473	charter is scheduled to be voted upon by the sponsor. The
474	Department of Education shall provide mediation services for any
475	dispute regarding this section subsequent to the approval of a
476	charter application and for any dispute relating to the approved
477	charter, except disputes regarding charter school application
478	denials. If the Commissioner of Education determines that the
479	dispute cannot be settled through mediation, the dispute may be
480	appealed to an administrative law judge appointed by the
481	Division of Administrative Hearings. The administrative law
482	judge may rule on issues of equitable treatment of the charter
483	school as a public school, whether proposed provisions of the
484	charter violate the intended flexibility granted charter schools
485	by statute, or on any other matter regarding this section except
486	a charter school application denial, a charter termination, or a
487	charter nonrenewal and shall award the prevailing party
488	reasonable attorney's fees and costs incurred to be paid by the
489	losing party. The costs of the administrative hearing shall be
490	paid by the party whom the administrative law judge rules
491	against.
492	(7)  CHARTER.--The major issues involving the operation of
493	a charter school shall be considered in advance and written into
494	the charter. The charter shall be signed by the governing body
495	of the charter school and the sponsor, following a public
496	hearing to ensure community input.
497	(a)  The charter shall address, and criteria for approval
498	of the charter shall be based on:
499	1.  The school's mission, the students to be served, and
500	the ages and grades to be included.
501	2.  The focus of the curriculum, the instructional methods
502	to be used, any distinctive instructional techniques to be
503	employed, and identification and acquisition of appropriate
504	technologies needed to improve educational and administrative
505	performance which include a means for promoting safe, ethical,
506	and appropriate uses of technology which comply with legal and
507	professional standards. The charter shall ensure that reading is
508	a primary focus of the curriculum and that resources are
509	provided to identify and provide specialized instruction for
510	students who are reading below grade level. The curriculum and
511	instructional strategies for reading must be consistent with the
512	Sunshine State Standards and grounded in scientifically based
513	reading research.
514	3.  The current incoming baseline standard of student
515	academic achievement, the outcomes to be achieved, and the
516	method of measurement that will be used. The criteria listed in
517	this subparagraph shall include a detailed description for each
518	of the following:
519	a.  How the baseline student academic achievement levels
520	and prior rates of academic progress will be established.
521	b.  How these baseline rates will be compared to rates of
522	academic progress achieved by these same students while
523	attending the charter school.
524	c.  To the extent possible, how these rates of progress
525	will be evaluated and compared with rates of progress of other
526	closely comparable student populations.
527
528	The district school board is required to provide academic
529	student performance data to charter schools for each of their
530	students coming from the district school system, as well as
531	rates of academic progress of comparable student populations in
532	the district school system.
533	4.  The methods used to identify the educational strengths
534	and needs of students and how well educational goals and
535	performance standards are met by students attending the charter
536	school. Included in the methods is a means for the charter
537	school to ensure accountability to its constituents by analyzing
538	student performance data and by evaluating the effectiveness and
539	efficiency of its major educational programs. Students in
540	charter schools shall, at a minimum, participate in the
541	statewide assessment program created under s. 1008.22.
542	5.  In secondary charter schools, a method for determining
543	that a student has satisfied the requirements for graduation in
544	s. 1003.43.
545	6.  A method for resolving conflicts between the governing
546	body of the charter school and the sponsor.
547	7.  The admissions procedures and dismissal procedures,
548	including the school's code of student conduct.
549	8.  The ways by which the school will achieve a
550	racial/ethnic balance reflective of the community it serves or
551	within the racial/ethnic range of other public schools in the
552	same school district.
553	9.  The financial and administrative management of the
554	school, including a reasonable demonstration of the professional
555	experience or competence of those individuals or organizations
556	applying to operate the charter school or those hired or
557	retained to perform such professional services and the
558	description of clearly delineated responsibilities and the
559	policies and practices needed to effectively manage the charter
560	school. A description of internal audit procedures and
561	establishment of controls to ensure that financial resources are
562	properly managed must be included. Both public sector and
563	private sector professional experience shall be equally valid in
564	such a consideration.
565	10.  The asset and liability projections required in the
566	application which are incorporated into the charter and which
567	shall be compared with information provided in the annual report
568	of the charter school. The charter shall ensure that, if a
569	charter school internal audit or annual financial audit reveals
570	a state of financial emergency as defined in s. 218.503 or
571	deficit financial position, the auditors are required to notify
572	the charter school governing board, the sponsor, and the
573	Department of Education. The internal auditor shall report such
574	findings in the form of an exit interview to the principal or
575	the principal administrator of the charter school and the chair
576	of the governing board within 7 working days after finding the
577	state of financial emergency or deficit position. A final report
578	shall be provided to the entire governing board, the sponsor,
579	and the Department of Education within 14 working days after the
580	exit interview. When a charter school is in a state of financial
581	emergency, the charter school shall file a detailed financial
582	recovery plan with the sponsor. The department, with the
583	involvement of both sponsors and charter schools, shall
584	establish guidelines for developing such plans.
585	11.  A description of procedures that identify various
586	risks and provide for a comprehensive approach to reduce the
587	impact of losses; plans to ensure the safety and security of
588	students and staff; plans to identify, minimize, and protect
589	others from violent or disruptive student behavior; and the
590	manner in which the school will be insured, including whether or
591	not the school will be required to have liability insurance,
592	and, if so, the terms and conditions thereof and the amounts of
593	coverage.
594	12.  The term of the charter which shall provide for
595	cancellation of the charter if insufficient progress has been
596	made in attaining the student achievement objectives of the
597	charter and if it is not likely that such objectives can be
598	achieved before expiration of the charter. The initial term of a
599	charter shall be for 3, 4, or 5 years. In order to facilitate
600	access to long-term financial resources for charter school
601	construction, charter schools that are operated by a
602	municipality or other public entity as provided by law are
603	eligible for up to a 15-year charter, subject to approval by the
604	district school board. A charter lab school is eligible for a
605	charter for a term of up to 15 years. In addition, to facilitate
606	access to long-term financial resources for charter school
607	construction, charter schools that are operated by a private,
608	not-for-profit, s. 501(c)(3) status corporation are eligible for
609	up to a 15-year 10-year charter, subject to approval by the
610	district school board. Such long-term charters remain subject to
611	annual review and may be terminated during the term of the
612	charter, but only for specific good cause according to the
613	provisions set forth in subsection (8).
614	13.  The facilities to be used and their location.
615	14.  The qualifications to be required of the teachers and
616	the potential strategies used to recruit, hire, train, and
617	retain qualified staff to achieve best value.
618	15.  The governance structure of the school, including the
619	status of the charter school as a public or private employer as
620	required in paragraph (12)(i).
621	16.  A timetable for implementing the charter which
622	addresses the implementation of each element thereof and the
623	date by which the charter shall be awarded in order to meet this
624	timetable.
625	17.  In the case of an existing public school being
626	converted to charter status, alternative arrangements for
627	current students who choose not to attend the charter school and
628	for current teachers who choose not to teach in the charter
629	school after conversion in accordance with the existing
630	collective bargaining agreement or district school board rule in
631	the absence of a collective bargaining agreement. However,
632	alternative arrangements shall not be required for current
633	teachers who choose not to teach in a charter lab school, except
634	as authorized by the employment policies of the state university
635	which grants the charter to the lab school.
636	(b)1.  A charter may be renewed every 5 school years,
637	provided that a program review demonstrates that the criteria in
638	paragraph (a) have been successfully accomplished and that none
639	of the grounds for nonrenewal established by paragraph (8)(a)
640	has been documented. In order to facilitate long-term financing
641	for charter school construction, charter schools operating for a
642	minimum of 2 years and demonstrating exemplary academic
643	programming and fiscal management are eligible for a 15-year
644	charter renewal. Such long-term charter is subject to annual
645	review and may be terminated during the term of the charter.
646	2.  The 15-year charter renewal that may be granted
647	pursuant to subparagraph 1. shall be granted to a charter school
648	that has received a school grade of "A" or "B" pursuant to s.
649	1008.34 in 3 of the past 4 years and is not in a state of
650	financial emergency or deficit position as defined by this
651	section. Such long-term charter is subject to annual review and
652	may be terminated during the term of the charter pursuant to
653	subsection (8).
654	(c)  A charter may be modified during its initial term or
655	any renewal term upon the recommendation of the sponsor or the
656	charter school governing board and the approval of both parties
657	to the agreement.
658	(8)  CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.--
659	(a)  At the end of the term of a charter, The sponsor may
660	choose not to renew or may terminate the charter for any of the
661	following grounds:
662	1.  Failure to participate in the state's education
663	accountability system created in s. 1008.31, as required in this
664	section, or failure to meet the requirements for student
665	performance stated in the charter.
666	2.  Failure to meet generally accepted standards of fiscal
667	management.
668	3.  Violation of law.
669	4.  Other good cause shown.
670	(b)  During the term of a charter, the sponsor may
671	terminate the charter for any of the grounds listed in paragraph
672	(a).
673	(b)(c)  At least 90 days prior to renewing or terminating a
674	charter, the sponsor shall notify the governing body of the
675	school of the proposed action in writing. The notice shall state
676	in reasonable detail the grounds for the proposed action and
677	stipulate that the school's governing body may, within 14
678	calendar days after receiving the notice, request an informal
679	hearing before the sponsor. The sponsor shall conduct the
680	informal hearing within 30 calendar days after receiving a
681	written request. The charter school's governing body may, within
682	14 calendar days after receiving the sponsor's decision to
683	terminate or refuse to renew the charter, appeal the decision
684	pursuant to the procedure established in subsection (6).
685	(c)  If a charter is not renewed or is terminated pursuant
686	to paragraph (b), the sponsor shall, within 10 calendar days,
687	articulate in writing the specific reasons for its nonrenewal or
688	termination of the charter and must provide the letter of
689	nonrenewal or termination and documentation supporting the
690	reasons to the charter school governing body, the charter school
691	principal, and the Department of Education. The charter school's
692	governing body may, within 30 calendar days after receiving the
693	sponsor's final written decision to refuse to renew or to
694	terminate the charter, appeal the decision pursuant to the
695	procedure established in subsection (6).
696	(d)  A charter may be terminated immediately if the sponsor
697	determines that good cause has been shown or if the health,
698	safety, or welfare of the students is threatened. The sponsor
699	shall notify in writing the charter school's governing body, the
700	charter school principal, and the department if a charter is
701	immediately terminated. The sponsor shall clearly identify the
702	specific issues that resulted in the immediate termination and
703	provide evidence of prior notification of issues resulting in
704	the immediate termination when appropriate. The school district
705	in which the charter school is located shall assume operation of
706	the school under these circumstances. The charter school's
707	governing board may, within 30 14 days after receiving the
708	sponsor's decision to terminate the charter, appeal the decision
709	pursuant to the procedure established in subsection (6).
710	(e)  When a charter is not renewed or is terminated, the
711	school shall be dissolved under the provisions of law under
712	which the school was organized, and any unencumbered public
713	funds, except for capital outlay funds and federal charter
714	school program grant funds, from the charter school shall revert
715	to the sponsor district school board. Capital outlay funds
716	provided pursuant to s. 1013.62 and federal charter school
717	program grant funds that are unencumbered shall revert to the
718	department to be redistributed among eligible charter schools.
719	In the event a charter school is dissolved or is otherwise
720	terminated, all district school board property and improvements,
721	furnishings, and equipment purchased with public funds shall
722	automatically revert to full ownership by the district school
723	board, subject to complete satisfaction of any lawful liens or
724	encumbrances. Any unencumbered public funds from the charter
725	school, district school board property and improvements,
726	furnishings, and equipment purchased with public funds, or
727	financial or other records pertaining to the charter school, in
728	the possession of any person, entity, or holding company, other
729	than the charter school, shall be held in trust upon the
730	district school board's request, until any appeal status is
731	resolved.
732	(f)  If a charter is not renewed or is terminated, the
733	charter school is responsible for all debts of the charter
734	school. The district may not assume the debt from any contract
735	for services made between the governing body of the school and a
736	third party, except for a debt that is previously detailed and
737	agreed upon in writing by both the district and the governing
738	body of the school and that may not reasonably be assumed to
739	have been satisfied by the district.
740	(g)  If a charter is not renewed or is terminated, a
741	student who attended the school may apply to, and shall be
742	enrolled in, another public school. Normal application deadlines
743	shall be disregarded under such circumstances.
744	(9)  CHARTER SCHOOL REQUIREMENTS.--
745	(a)  A charter school shall be nonsectarian in its
746	programs, admission policies, employment practices, and
747	operations.
748	(b)  A charter school shall admit students as provided in
749	subsection (10).
750	(c)  A charter school shall be accountable to its sponsor
751	for performance as provided in subsection (7).
752	(d)  A charter school shall not charge tuition or
753	registration fees, except those fees normally charged by other
754	public schools. However, a charter lab school may charge a
755	student activity and service fee as authorized by s. 1002.32(5).
756	(e)  A charter school shall meet all applicable state and
757	local health, safety, and civil rights requirements.
758	(f)  A charter school shall not violate the
759	antidiscrimination provisions of s. 1000.05.
760	(g)  A charter school shall provide for an annual financial
761	audit in accordance with s. 218.39. Financial audits that reveal
762	a state of financial emergency as defined in s. 218.503 and are
763	conducted by a certified public accountant or auditor in
764	accordance with s. 218.39 shall be provided to the governing
765	body of the charter school within 7 working days after finding
766	that a state of financial emergency exists. When a charter
767	school is found to be in a state of financial emergency by a
768	certified public accountant or auditor, the charter school must
769	file a detailed financial recovery plan with the sponsor within
770	30 days after receipt of the audit.
771	(h)  No organization shall hold more than 15 charters
772	statewide.
773	(h)(i)  In order to provide financial information that is
774	comparable to that reported for other public schools, charter
775	schools are to maintain all financial records which constitute
776	their accounting system:
777	1.  In accordance with the accounts and codes prescribed in
778	the most recent issuance of the publication titled "Financial
779	and Program Cost Accounting and Reporting for Florida Schools";
780	or
781	2.  At the discretion of the charter school governing
782	board, a charter school may elect to follow generally accepted
783	accounting standards for not-for-profit organizations, but must
784	reformat this information for reporting according to this
785	paragraph.
786
787	Charter schools shall are to provide annual financial report and
788	program cost report information in the state-required formats
789	for inclusion in district reporting in compliance with s.
790	1011.60(1). Charter schools that are operated by a municipality
791	or are a component unit of a parent nonprofit organization may
792	use the accounting system of the municipality or the parent but
793	must reformat this information for reporting according to this
794	paragraph.
795	(i)(j)  The governing board of the charter school shall
796	annually adopt and maintain an operating budget.
797	(j)(k)  The governing body of the charter school shall
798	exercise continuing oversight over charter school operations.
799	(k)  The governing body of the charter school shall be
800	responsible for:
801	1.  Ensuring that the charter school has retained the
802	services of a certified public accountant or auditor for the
803	annual financial audit, pursuant to paragraph (g), who shall
804	submit the report to the governing body.
805	2.  Reviewing and approving the audit report, including
806	audit findings and recommendations for the financial recovery
807	plan.
808	3.  Monitoring a financial recovery plan in order to ensure
809	compliance.
810	(l)  The governing body of the charter school shall report
811	its progress annually to its sponsor, which shall forward the
812	report to the Commissioner of Education at the same time as
813	other annual school accountability reports. The Department of
814	Education shall develop a uniform, on-line annual accountability
815	report to be completed by charter schools. This report shall be
816	easy to utilize and contain demographic information, student
817	performance data, and financial accountability information. A
818	charter school shall not be required to provide information and
819	data that is duplicative and already in the possession of the
820	department. The Department of Education shall include in its
821	compilation a notation if a school failed to file its report by
822	the deadline established by the department. The report shall
823	include at least the following components:
824	1.  Student achievement performance data, including the
825	information required for the annual school report and the
826	education accountability system governed by ss. 1008.31 and
827	1008.345. Charter schools are subject to the same accountability
828	requirements as other public schools, including reports of
829	student achievement information that links baseline student data
830	to the school's performance projections identified in the
831	charter. The charter school shall identify reasons for any
832	difference between projected and actual student performance.
833	2.  Financial status of the charter school which must
834	include revenues and expenditures at a level of detail that
835	allows for analysis of the ability to meet financial obligations
836	and timely repayment of debt.
837	3.  Documentation of the facilities in current use and any
838	planned facilities for use by the charter school for instruction
839	of students, administrative functions, or investment purposes.
840	4.  Descriptive information about the charter school's
841	personnel, including salary and benefit levels of charter school
842	employees, the proportion of instructional personnel who hold
843	professional or temporary certificates, and the proportion of
844	instructional personnel teaching in-field or out-of-field.
845	(m)  A charter school shall not levy taxes or issue bonds
846	secured by tax revenues.
847	(n)  A charter school shall provide instruction for at
848	least the number of days required by law for other public
849	schools, and may provide instruction for additional days.
850	(o)  The director and a representative of the governing
851	body of a charter school that has received a school grade of "D"
852	under s. 1008.34(2) shall appear before the sponsor or the
853	sponsor's staff at least once a year to present information
854	concerning each contract component having noted deficiencies.
855	The sponsor shall communicate at the meeting, and in writing to
856	the director, the services provided to the school to help the
857	school address its deficiencies.
858	(p)  Upon notification that a charter school receives a
859	school grade of "D" for 2 consecutive years or a school grade of
860	"F" under s. 1008.34(2), the charter school sponsor or the
861	sponsor's staff shall require the director and a representative
862	of the governing body to submit to the sponsor for approval a
863	school improvement plan to raise student achievement and to
864	implement the plan. The sponsor has the authority to approve a
865	school improvement plan that the charter school will implement
866	in the following school year. The sponsor may also consider the
867	State Board of Education's recommended action pursuant to s.
868	1008.33(1) as part of the school improvement plan. The
869	Department of Education shall offer technical assistance and
870	training to the charter school and its governing body and
871	establish guidelines for developing, submitting, and approving
872	such plans.
873	1.  If the charter school fails to improve its student
874	performance from the year immediately prior to the
875	implementation of the school improvement plan, the sponsor shall
876	place the charter school on probation and shall require the
877	charter school governing body to take one of the following
878	corrective actions:
879	a.  Contract for the educational services of the charter
880	school;
881	b.  Reorganize the school at the end of the school year
882	under a new director or principal who is authorized to hire new
883	staff and implement a plan that addresses the causes of
884	inadequate progress; or
885	c.  Reconstitute the charter school.
886	2.  A charter school that is placed on probation shall
887	continue the corrective actions required under subparagraph 1.
888	until the charter school improves its student performance from
889	the year prior to the implementation of the school improvement
890	plan.
891	3.  Notwithstanding any provision of this paragraph, the
892	sponsor may terminate the charter at any time pursuant to the
893	provisions of subsection (8).
894	(q)  The director and a representative of the governing
895	body of a graded charter school that has submitted a school
896	improvement plan or has been placed on probation under paragraph
897	(p) shall appear before the sponsor or the sponsor's staff at
898	least once a year to present information regarding the
899	corrective strategies that are being implemented by the school
900	pursuant to the school improvement plan. The sponsor shall
901	communicate at the meeting, and in writing to the director, the
902	services provided to the school to help the school address its
903	deficiencies.
904	(10)  ELIGIBLE STUDENTS.--
905	(a)  A charter school shall be open to any student covered
906	in an interdistrict agreement or residing in the school district
907	in which the charter school is located; however, in the case of
908	a charter lab school, the charter lab school shall be open to
909	any student eligible to attend the lab school as provided in s.
910	1002.32 or who resides in the school district in which the
911	charter lab school is located. Any eligible student shall be
912	allowed interdistrict transfer to attend a charter school when
913	based on good cause.
914	(b)  The charter school shall enroll an eligible student
915	who submits a timely application, unless the number of
916	applications exceeds the capacity of a program, class, grade
917	level, or building. In such case, all applicants shall have an
918	equal chance of being admitted through a random selection
919	process.
920	(c)  When a public school converts to charter status,
921	enrollment preference shall be given to students who would have
922	otherwise attended that public school. The district school board
923	shall consult and negotiate with the conversion charter school
924	every 3 years to determine whether realignment of the conversion
925	charter school's attendance zone is appropriate in order to
926	ensure that students residing closest to the charter school are
927	provided with an enrollment preference.
928	(d)  A charter school may give enrollment preference to the
929	following student populations:
930	1.  Students who are siblings of a student enrolled in the
931	charter school.
932	2.  Students who are the children of a member of the
933	governing board of the charter school.
934	3.  Students who are the children of an employee of the
935	charter school.
936	(e)  A charter school may limit the enrollment process only
937	to target the following student populations:
938	1.  Students within specific age groups or grade levels.
939	2.  Students considered at risk of dropping out of school
940	or academic failure. Such students shall include exceptional
941	education students.
942	3.  Students enrolling in a charter school-in-the-workplace
943	or charter school-in-a-municipality established pursuant to
944	subsection (15).
945	4.  Students residing within a reasonable distance of the
946	charter school, as described in paragraph (20)(c). Such students
947	shall be subject to a random lottery and to the racial/ethnic
948	balance provisions described in subparagraph (7)(a)8. or any
949	federal provisions that require a school to achieve a
950	racial/ethnic balance reflective of the community it serves or
951	within the racial/ethnic range of other public schools in the
952	same school district.
953	5.  Students who meet reasonable academic, artistic, or
954	other eligibility standards established by the charter school
955	and included in the charter school application and charter or,
956	in the case of existing charter schools, standards that are
957	consistent with the school's mission and purpose. Such standards
958	shall be in accordance with current state law and practice in
959	public schools and may not discriminate against otherwise
960	qualified individuals.
961	6.  Students articulating from one charter school to
962	another pursuant to an articulation agreement between the
963	charter schools that has been approved by the sponsor.
964	(f)  Students with handicapping conditions and students
965	served in English for Speakers of Other Languages programs shall
966	have an equal opportunity of being selected for enrollment in a
967	charter school.
968	(g)  A student may withdraw from a charter school at any
969	time and enroll in another public school as determined by
970	district school board rule.
971	(h)  The capacity of the charter school shall be determined
972	annually by the governing board, in conjunction with the
973	sponsor, of the charter school in consideration of the factors
974	identified in this subsection.
975	(11)  PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR
976	ACTIVITIES.--A charter school student is eligible to participate
977	in an interscholastic extracurricular activity at the public
978	school to which the student would be otherwise assigned to
979	attend pursuant to s. 1006.15(3)(d).
980	(12)  EMPLOYEES OF CHARTER SCHOOLS.--
981	(a)  A charter school shall select its own employees. A
982	charter school may contract with its sponsor for the services of
983	personnel employed by the sponsor.
984	(b)  Charter school employees shall have the option to
985	bargain collectively. Employees may collectively bargain as a
986	separate unit or as part of the existing district collective
987	bargaining unit as determined by the structure of the charter
988	school.
989	(c)  The employees of a conversion charter school shall
990	remain public employees for all purposes, unless such employees
991	choose not to do so.
992	(d)  The teachers at a charter school may choose to be part
993	of a professional group that subcontracts with the charter
994	school to operate the instructional program under the auspices
995	of a partnership or cooperative that they collectively own.
996	Under this arrangement, the teachers would not be public
997	employees.
998	(e)  Employees of a school district may take leave to
999	accept employment in a charter school upon the approval of the
1000	district school board. While employed by the charter school and
1001	on leave that is approved by the district school board, the
1002	employee may retain seniority accrued in that school district
1003	and may continue to be covered by the benefit programs of that
1004	school district, if the charter school and the district school
1005	board agree to this arrangement and its financing. School
1006	districts shall not require resignations of teachers desiring to
1007	teach in a charter school. This paragraph shall not prohibit a
1008	district school board from approving alternative leave
1009	arrangements consistent with chapter 1012.
1010	(f)  Teachers employed by or under contract to a charter
1011	school shall be certified as required by chapter 1012. A charter
1012	school governing board may employ or contract with skilled
1013	selected noncertified personnel to provide instructional
1014	services or to assist instructional staff members as education
1015	paraprofessionals in the same manner as defined in chapter 1012,
1016	and as provided by State Board of Education rule for charter
1017	school governing boards. A charter school may not knowingly
1018	employ an individual to provide instructional services or to
1019	serve as an education paraprofessional if the individual's
1020	certification or licensure as an educator is suspended or
1021	revoked by this or any other state. A charter school may not
1022	knowingly employ an individual who has resigned from a school
1023	district in lieu of disciplinary action with respect to child
1024	welfare or safety, or who has been dismissed for just cause by
1025	any school district with respect to child welfare or safety. The
1026	qualifications of teachers shall be disclosed to parents.
1027	(g)  A charter school shall employ or contract with
1028	employees who have undergone background screening as provided in
1029	s. 1012.32. Members of the governing board of the charter school
1030	shall also undergo background screening in a manner similar to
1031	that provided in s. 1012.32.
1032	(h)  For the purposes of tort liability, the governing body
1033	and employees of a charter school shall be governed by s.
1034	768.28.
1035	(i)  A charter school shall organize as, or be operated by,
1036	a nonprofit organization. A charter school may be operated by a
1037	municipality or other public entity as provided for by law. As
1038	such, the charter school may be either a private or a public
1039	employer. As a public employer, a charter school may participate
1040	in the Florida Retirement System upon application and approval
1041	as a "covered group" under s. 121.021(34). If a charter school
1042	participates in the Florida Retirement System, the charter
1043	school employees shall be compulsory members of the Florida
1044	Retirement System. As either a private or a public employer, a
1045	charter school may contract for services with an individual or
1046	group of individuals who are organized as a partnership or a
1047	cooperative. Individuals or groups of individuals who contract
1048	their services to the charter school are not public employees.
1049	(13)  CHARTER SCHOOL COOPERATIVES.--Charter schools may
1050	enter into cooperative agreements to form charter school
1051	cooperative organizations that may provide the following
1052	services: charter school planning and development, direct
1053	instructional services, and contracts with charter school
1054	governing boards to provide personnel administrative services,
1055	payroll services, human resource management, evaluation and
1056	assessment services, teacher preparation, and professional
1057	development.
1058	(14)  CHARTER SCHOOL FINANCIAL ARRANGEMENTS;
1059	INDEMNIFICATION OF THE STATE AND SCHOOL DISTRICT; CREDIT OR
1060	TAXING POWER NOT TO BE PLEDGED.--Any arrangement entered into to
1061	borrow or otherwise secure funds for a charter school authorized
1062	in this section from a source other than the state or a school
1063	district shall indemnify the state and the school district from
1064	any and all liability, including, but not limited to, financial
1065	responsibility for the payment of the principal or interest. Any
1066	loans, bonds, or other financial agreements are not obligations
1067	of the state or the school district but are obligations of the
1068	charter school authority and are payable solely from the sources
1069	of funds pledged by such agreement. The credit or taxing power
1070	of the state or the school district shall not be pledged and no
1071	debts shall be payable out of any moneys except those of the
1072	legal entity in possession of a valid charter approved by a
1073	district school board pursuant to this section.
1074	(15)  CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER SCHOOLS-IN-
1075	A-MUNICIPALITY.--
1076	(a)  In order to increase business partnerships in
1077	education, to reduce school and classroom overcrowding
1078	throughout the state, and to offset the high costs for
1079	educational facilities construction, the Legislature intends to
1080	encourage the formation of business partnership schools or
1081	satellite learning centers and municipal-operated schools
1082	through charter school status.
1083	(b)  A charter school-in-the-workplace may be established
1084	when a business partner provides the school facility to be used;
1085	enrolls students based upon a random lottery that involves all
1086	of the children of employees of that business or corporation who
1087	are seeking enrollment, as provided for in subsection (10); and
1088	enrolls students according to the racial/ethnic balance
1089	provisions described in subparagraph (7)(a)8. Any portion of a
1090	facility used for a public charter school shall be exempt from
1091	ad valorem taxes, as provided for in s. 1013.54, for the
1092	duration of its use as a public school.
1093	(c)  A charter school-in-a-municipality designation may be
1094	granted to a municipality that possesses a charter; enrolls
1095	students based upon a random lottery that involves all of the
1096	children of the residents of that municipality who are seeking
1097	enrollment, as provided for in subsection (10); and enrolls
1098	students according to the racial/ethnic balance provisions
1099	described in subparagraph (7)(a)8. When a municipality has
1100	submitted charter applications for the establishment of a
1101	charter school feeder pattern, consisting of elementary, middle,
1102	and senior high schools, and each individual charter application
1103	is approved by the district school board, such schools shall
1104	then be designated as one charter school for all purposes listed
1105	pursuant to this section. Any portion of the land and facility
1106	used for a public charter school shall be exempt from ad valorem
1107	taxes, as provided for in s. 1013.54, for the duration of its
1108	use as a public school.
1109	(d)  As used in this subsection, the terms "business
1110	partner" or "municipality" may include more than one business or
1111	municipality to form a charter school-in-the-workplace or
1112	charter school-in-a-municipality.
1113	(16)  EXEMPTION FROM STATUTES.--
1114	(a)  A charter school shall operate in accordance with its
1115	charter and shall be exempt from all statutes in chapters 1000-
1116	1013. However, a charter school shall be in compliance with the
1117	following statutes in chapters 1000-1013:
1118	1.  Those statutes specifically applying to charter
1119	schools, including this section.
1120	2.  Those statutes pertaining to the student assessment
1121	program and school grading system.
1122	3.  Those statutes pertaining to the provision of services
1123	to students with disabilities.
1124	4.  Those statutes pertaining to civil rights, including s.
1125	1000.05, relating to discrimination.
1126	5.  Those statutes pertaining to student health, safety,
1127	and welfare.
1128	(b)  Additionally, a charter school shall be in compliance
1129	with the following statutes:
1130	1.  Section 286.011, relating to public meetings and
1131	records, public inspection, and criminal and civil penalties.
1132	2.  Chapter 119, relating to public records.
1133	(17)  FUNDING.--Students enrolled in a charter school,
1134	regardless of the sponsorship, shall be funded as if they are in
1135	a basic program or a special program, the same as students
1136	enrolled in other public schools in the school district. Funding
1137	for a charter lab school shall be as provided in s. 1002.32.
1138	(a)  Each charter school shall report its student
1139	enrollment to the district school board as required in s.
1140	1011.62, and in accordance with the definitions in s. 1011.61.
1141	The district school board shall include each charter school's
1142	enrollment in the district's report of student enrollment. All
1143	charter schools submitting student record information required
1144	by the Department of Education shall comply with the Department
1145	of Education's guidelines for electronic data formats for such
1146	data, and all districts shall accept electronic data that
1147	complies with the Department of Education's electronic format.
1148	(b)  The basis for the agreement for funding students
1149	enrolled in a charter school shall be the sum of the school
1150	district's operating funds from the Florida Education Finance
1151	Program as provided in s. 1011.62 and the General Appropriations
1152	Act, including gross state and local funds, discretionary
1153	lottery funds, and funds from the school district's current
1154	operating discretionary millage levy; divided by total funded
1155	weighted full-time equivalent students in the school district;
1156	multiplied by the weighted full-time equivalent students for the
1157	charter school. Charter schools whose students or programs meet
1158	the eligibility criteria in law shall be entitled to their
1159	proportionate share of categorical program funds included in the
1160	total funds available in the Florida Education Finance Program
1161	by the Legislature, including transportation. Total funding for
1162	each charter school shall be recalculated during the year to
1163	reflect the revised calculations under the Florida Education
1164	Finance Program by the state and the actual weighted full-time
1165	equivalent students reported by the charter school during the
1166	full-time equivalent student survey periods designated by the
1167	Commissioner of Education.
1168	(c)  If the district school board is providing programs or
1169	services to students funded by federal funds, any eligible
1170	students enrolled in charter schools in the school district
1171	shall be provided federal funds for the same level of service
1172	provided students in the schools operated by the district school
1173	board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all
1174	charter schools shall receive all federal funding for which the
1175	school is otherwise eligible, including Title I funding, not
1176	later than 5 months after the charter school first opens and
1177	within 5 months after any subsequent expansion of enrollment.
1178	(d)  District school boards shall make every effort to
1179	ensure that charter schools receive timely and efficient payment
1180	and reimbursement to charter schools, including processing
1181	paperwork required to access special state and federal funding
1182	for which they may be eligible. The district school board may
1183	distribute funds to a charter school for up to 3 months based on
1184	the projected full-time equivalent student membership of the
1185	charter school. Thereafter, the results of full-time equivalent
1186	student membership surveys shall be used in adjusting the amount
1187	of funds distributed monthly to the charter school for the
1188	remainder of the fiscal year. The payment shall be issued no
1189	later than 10 working days after the district school board
1190	receives a distribution of state or federal funds. If a warrant
1191	for payment is not issued within 10 30 working days after
1192	receipt of funding by the district school board, the school
1193	district shall pay to the charter school, in addition to the
1194	amount of the scheduled disbursement, interest at a rate of 5 1
1195	percent per month calculated on a daily basis on the unpaid
1196	balance from the expiration of the 10 working days 30-day period
1197	until such time as the warrant is issued. The Commissioner of
1198	Education is authorized to withhold lottery funds from school
1199	districts that repeatedly fail to make timely payments and
1200	reimbursements.
1201	(e)  The State Board of Education is authorized to impose a
1202	fine on or withhold lottery funds from a school district for any
1203	violation of the procedural requirements for charter school
1204	application, termination, or nonrenewal appeals regardless of
1205	whether the violation affects the fairness of the appeal process
1206	or the correctness of the action taken by the school district.
1207	Prior to the imposition of a fine or the withholding of lottery
1208	funds under this paragraph, the State Board of Education shall
1209	provide the school district with notice of the amount of the
1210	proposed fine or lottery funds to be withheld and an opportunity
1211	to be heard at a subsequent meeting of the State Board of
1212	Education. The funds collected for fines under this paragraph
1213	shall be taken from the school district's administrative fee
1214	under paragraph (20)(a) and disbursed to the prevailing charter
1215	school appellant under this section or, if the charter school
1216	appellant's appeal is denied, in equal amounts to each of the
1217	charter schools within the school district. The imposition of a
1218	fine under this paragraph shall not exceed $10,000 and is a
1219	final action subject to judicial review in the district court of
1220	appeals.
1221	(18)  FACILITIES.--
1222	(a)  A startup charter school shall utilize facilities
1223	which comply with the Florida Building Code pursuant to chapter
1224	553 except for the State Requirements for Educational
1225	Facilities. Conversion charter schools shall utilize facilities
1226	that comply with the State Requirements for Educational
1227	Facilities, provided that the school district and the charter
1228	school have entered into a mutual management plan with
1229	sufficient funding from the school district to comply with the
1230	State Requirements for Educational Facilities. Charter schools,
1231	with the exception of conversion charter schools, are not
1232	required to comply, but may choose to comply, with the State
1233	Requirements for Educational Facilities of the Florida Building
1234	Code adopted pursuant to s. 1013.37. The local governing
1235	authority shall not adopt or impose local building requirements
1236	or restrictions that are more stringent than those found in the
1237	Florida Building Code. The agency having jurisdiction for
1238	inspection of a facility and issuance of a certificate of
1239	occupancy shall be the local municipality or, if in an
1240	unincorporated area, the county governing authority.
1241	(b)  A charter school shall utilize facilities that comply
1242	with the Florida Fire Prevention Code, pursuant to s. 633.025,
1243	as adopted by the authority in whose jurisdiction the facility
1244	is located as provided in paragraph (a).
1245	(c)  Any facility, or portion thereof, used to house a
1246	charter school whose charter has been approved by the sponsor
1247	and the governing board, pursuant to subsection (7), shall be
1248	exempt from ad valorem taxes pursuant to s. 196.1983. Library,
1249	community service, museum, performing arts, theatre, cinema,
1250	church, community college, college, and university facilities
1251	may provide space to charter schools within their facilities
1252	under their preexisting zoning and land use designations.
1253	(d)  Charter school facilities are exempt from assessments
1254	of fees for building permits, except as provided in s. 553.80,
1255	fees and for building and occupational licenses, and from
1256	assessments of impact fees or service availability fees.
1257	(e)  If a district school board facility or property is
1258	available because it is surplus, marked for disposal, or
1259	otherwise unused, it shall be provided for a charter school's
1260	use on the same basis as it is made available to other public
1261	schools in the district. A charter school receiving property
1262	from the school district may not sell or dispose of such
1263	property without written permission of the school district.
1264	Similarly, for an existing public school converting to charter
1265	status, no rental or leasing fee for the existing facility or
1266	for the property normally inventoried to the conversion school
1267	may be charged by the district school board to the parents and
1268	teachers organizing the charter school. The charter school
1269	organizers shall agree to reasonable maintenance provisions in
1270	order to maintain the facility in a manner similar to district
1271	school board standards. The Public Education Capital Outlay
1272	maintenance funds or any other maintenance funds generated by
1273	the facility operated as a conversion school shall remain with
1274	the conversion school.
1275	(f)  To the extent that charter school facilities are
1276	specifically created to mitigate the educational impact created
1277	by the development of new residential dwelling units, pursuant
1278	to subparagraph (2)(c)4., some of or all of the educational
1279	impact fees required to be paid in connection with the new
1280	residential dwelling units may be designated instead for the
1281	construction of the charter school facilities that will mitigate
1282	the student station impact. Such facilities shall be built to
1283	the State Requirements for Educational Facilities and shall be
1284	owned by a public or nonprofit entity. The local school district
1285	retains the right to monitor and inspect such facilities to
1286	ensure compliance with the State Requirements for Educational
1287	Facilities. If a facility ceases to be used for public
1288	educational purposes, either the facility shall revert to the
1289	school district subject to any debt owed on the facility, or the
1290	owner of the facility shall have the option to refund all
1291	educational impact fees utilized for the facility to the school
1292	district. The district and the owner of the facility may
1293	contractually agree to another arrangement for the facilities if
1294	the facilities cease to be used for educational purposes. The
1295	owner of property planned or approved for new residential
1296	dwelling units and the entity levying educational impact fees
1297	shall enter into an agreement that designates the educational
1298	impact fees that will be allocated for the charter school
1299	student stations and that ensures the timely construction of the
1300	charter school student stations concurrent with the expected
1301	occupancy of the residential units. The application for use of
1302	educational impact fees shall include an approved charter school
1303	application. To assist the school district in forecasting
1304	student station needs, the entity levying the impact fees shall
1305	notify the affected district of any agreements it has approved
1306	for the purpose of mitigating student station impact from the
1307	new residential dwelling units.
1308	(g)  Each school district shall annually provide to the
1309	Department of Education as part of its 5-year work plan the
1310	number of existing vacant classrooms in each school that the
1311	district does not intend to use or does not project will be
1312	needed for educational purposes for the following school year.
1313	The department may recommend that a district make such space
1314	available to an appropriate charter school.
1315	(19)  CAPITAL OUTLAY FUNDING.--Charter schools are eligible
1316	for capital outlay funds pursuant to s. 1013.62.
1317	(20)  SERVICES.--
1318	(a)  A sponsor shall provide certain administrative and
1319	educational services to charter schools. These services shall
1320	include contract management services; full-time equivalent and
1321	data reporting services; exceptional student education
1322	administration services; services related to eligibility and
1323	reporting duties required to ensure that school lunch services
1324	under the federal lunch program, consistent with the needs of
1325	the charter school, are provided by the school district at the
1326	request of the charter school; test administration services,
1327	including payment of the costs of state-required or district-
1328	required student assessments; processing of teacher certificate
1329	data services; and information services, including equal access
1330	to student information systems that are used by public schools
1331	in the district in which the charter school is located. Student
1332	performance data for each student in a charter school,
1333	including, but not limited to, FCAT scores, standardized test
1334	scores, previous public school student report cards, and student
1335	performance measures, shall be provided by the sponsor to a
1336	charter school in the same manner provided to other public
1337	schools in the district. A total administrative fee for the
1338	provision of such services shall be calculated based upon up to
1339	5 percent of the available funds defined in paragraph (17)(b)
1340	for all students. However, a sponsor may only withhold up to a
1341	5-percent administrative fee for enrollment for up to and
1342	including 500 students. For charter schools with a population of
1343	501 or more students, the difference between the total
1344	administrative fee calculation and the amount of the
1345	administrative fee withheld may only be used for capital outlay
1346	purposes specified in s. 1013.62(2). Sponsors shall not charge
1347	charter schools any additional fees or surcharges for
1348	administrative and educational services in addition to the
1349	maximum 5-percent administrative fee withheld pursuant to this
1350	paragraph.
1351	(b)  If goods and services are made available to the
1352	charter school through the contract with the school district,
1353	they shall be provided to the charter school at a rate no
1354	greater than the district's actual cost unless mutually agreed
1355	upon by the charter school and the sponsor in a contract
1356	negotiated separately from the charter. When mediation has
1357	failed to resolve disputes over contracted services or
1358	contractual matters not included in the charter, an appeal may
1359	be made for a dispute resolution hearing before the Charter
1360	School Appeal Commission. To maximize the use of state funds,
1361	school districts shall allow charter schools to participate in
1362	the sponsor's bulk purchasing program if applicable.
1363	(c)  Transportation of charter school students shall be
1364	provided by the charter school consistent with the requirements
1365	of subpart I.E. of chapter 1006 and s. 1012.45. The governing
1366	body of the charter school may provide transportation through an
1367	agreement or contract with the district school board, a private
1368	provider, or parents. The charter school and the sponsor shall
1369	cooperate in making arrangements that ensure that transportation
1370	is not a barrier to equal access for all students residing
1371	within a reasonable distance of the charter school as determined
1372	in its charter.
1373	(21)  PUBLIC INFORMATION ON CHARTER SCHOOLS.--The
1374	Department of Education shall provide information to the public,
1375	directly and through sponsors, both on how to form and operate a
1376	charter school and on how to enroll in charter schools once they
1377	are created. This information shall include a standard
1378	application format, charter format, and charter renewal format
1379	which shall include the information specified in subsection (7)
1380	and shall be developed by consulting and negotiating with both
1381	school districts and charter schools before implementation.
1382	These formats shall This application format may be used as
1383	guidelines by charter school sponsors chartering entities.
1384	(22)  CHARTER SCHOOL REVIEW PANEL AND LEGISLATIVE REVIEW.--
1385	(a)  The Department of Education shall staff and regularly
1386	convene a Charter School Review Panel in order to review issues,
1387	practices, and policies regarding charter schools. The
1388	composition of the review panel shall include individuals with
1389	experience in finance, administration, law, education, and
1390	school governance, and individuals familiar with charter school
1391	construction and operation. The panel shall include two
1392	appointees each from the Commissioner of Education, the
1393	President of the Senate, and the Speaker of the House of
1394	Representatives. The Governor shall appoint three members of the
1395	panel and shall designate the chair. Each member of the panel
1396	shall serve a 1-year term, unless renewed by the office making
1397	the appointment. The panel shall make recommendations to the
1398	Legislature, to the Department of Education, to charter schools,
1399	and to school districts for improving charter school operations
1400	and oversight and for ensuring best business practices at and
1401	fair business relationships with charter schools.
1402	(b)  The Legislature shall review the operation of charter
1403	schools during the 2010 2005 Regular Session of the Legislature.
1404	(23)  ANALYSIS OF CHARTER SCHOOL PERFORMANCE.--Upon receipt
1405	of the annual report required by paragraph (9)(l), the
1406	Department of Education shall provide to the State Board of
1407	Education, the Commissioner of Education, the Governor, the
1408	President of the Senate, and the Speaker of the House of
1409	Representatives an analysis and comparison of the overall
1410	performance of charter school students, to include all students
1411	whose scores are counted as part of the statewide assessment
1412	program, versus comparable public school students in the
1413	district as determined by the statewide assessment program
1414	currently administered in the school district, and other
1415	assessments administered pursuant to s. 1008.22(3).
1416	(24)  RULEMAKING.--The Department of Education, after
1417	consultation with school districts and charter school directors,
1418	shall recommend that the State Board of Education adopt rules to
1419	implement specific subsections of this section. Such rules shall
1420	require minimum paperwork and shall not limit charter school
1421	flexibility authorized by statute.
1422	Section 2.  Subsection (5) of section 218.39, Florida
1423	Statutes, is amended to read:
1424	218.39  Annual financial audit reports.--
1425	(5)  At the conclusion of the audit, the auditor shall
1426	discuss with the chair of each local governmental entity or the
1427	chair's designee, or with the elected official of each county
1428	agency or with the elected official's designee, or with the
1429	chair of the district school board or the chair's designee, or
1430	with the chair of the board of the charter school or the chair's
1431	designee, or with the chair of the charter technical career
1432	center or the chair's designee, as appropriate, all of the
1433	auditor's comments that will be included in the audit report. If
1434	the officer is not available to discuss the auditor's comments,
1435	their discussion is presumed when the comments are delivered in
1436	writing to his or her office. The auditor shall notify each
1437	member of the governing body of a local governmental entity, or
1438	district school board, or charter school for which deteriorating
1439	financial conditions exist that may cause a condition described
1440	in s. 218.503(1) to occur if actions are not taken to address
1441	such conditions.
1442	Section 3.  Section 218.50, Florida Statutes, is amended to
1443	read:
1444	218.50  Short title.--Sections 218.50-218.504 may be cited
1445	as the "Local Governmental Entity, Charter School, and District
1446	School Board Financial Emergencies Act."
1447	Section 4.  Section 218.501, Florida Statutes, is amended
1448	to read:
1449	218.501  Purposes.--The purposes of ss. 218.50-218.504 are:
1450	(1)  To promote the fiscal responsibility of local
1451	governmental entities, charter schools, and district school
1452	boards.
1453	(2)  To assist local governmental entities, charter
1454	schools, and district school boards in providing essential
1455	services without interruption and in meeting their financial
1456	obligations.
1457	(3)  To assist local governmental entities, charter
1458	schools, and district school boards through the improvement of
1459	local financial management procedures.
1460	Section 5.  Subsections (1) and (2) of section 218.503,
1461	Florida Statutes, are amended, a new subsection (4) is added,
1462	and subsections (4) and (5) of that section are renumbered as
1463	subsections (5) and (6), respectively, to read:
1464	218.503  Determination of financial emergency.--
1465	(1)  Local governmental entities, charter schools, and
1466	district school boards shall be subject to review and oversight
1467	by the Governor, charter school sponsor, or the Commissioner of
1468	Education, as appropriate, when any one of the following
1469	conditions occurs:
1470	(a)  Failure within the same fiscal year in which due to
1471	pay short-term loans or failure to make bond debt service or
1472	other long-term debt payments when due, as a result of a lack of
1473	funds.
1474	(b)  Failure to pay uncontested claims from creditors
1475	within 90 days after the claim is presented, as a result of a
1476	lack of funds.
1477	(c)  Failure to transfer at the appropriate time, due to
1478	lack of funds:
1479	1.  Taxes withheld on the income of employees; or
1480	2.  Employer and employee contributions for:
1481	a.  Federal social security; or
1482	b.  Any pension, retirement, or benefit plan of an
1483	employee.
1484	(d)  Failure for one pay period to pay, due to lack of
1485	funds:
1486	1.  Wages and salaries owed to employees; or
1487	2.  Retirement benefits owed to former employees.
1488	(e)  An unreserved or total fund balance or retained
1489	earnings deficit, or unrestricted or total net assets deficit,
1490	as reported on the balance sheet or statement of net assets on
1491	the general purpose or fund financial statements, for which
1492	sufficient resources of the local governmental entity, as
1493	reported on the balance sheet or statement of net assets on the
1494	general purpose or fund financial statements, are not available
1495	to cover the deficit. Resources available to cover reported
1496	deficits include net assets that are not otherwise restricted by
1497	federal, state, or local laws, bond covenants, contractual
1498	agreements, or other legal constraints. Fixed or capital assets,
1499	the disposal of which would impair the ability of a local
1500	governmental entity to carry out its functions, are not
1501	considered resources available to cover reported deficits.
1502	(2)  A local governmental entity shall notify the Governor
1503	and the Legislative Auditing Committee, a charter school shall
1504	notify the charter school sponsor and the Legislative Auditing
1505	Committee, and a district school board shall notify the
1506	Commissioner of Education and the Legislative Auditing
1507	Committee, when one or more of the conditions specified in
1508	subsection (1) have occurred or will occur if action is not
1509	taken to assist the local governmental entity, charter school,
1510	or district school board. In addition, any state agency must,
1511	within 30 days after a determination that one or more of the
1512	conditions specified in subsection (1) have occurred or will
1513	occur if action is not taken to assist the local governmental
1514	entity, charter school, or district school board, notify the
1515	Governor, charter school sponsor, or the Commissioner of
1516	Education, as appropriate, and the Legislative Auditing
1517	Committee.
1518	(4)  Upon notification that one or more of the conditions
1519	in subsection (1) exist, the charter school sponsor or the
1520	sponsor's designee shall contact the charter school governing
1521	body to determine what actions have been taken by the charter
1522	school governing body to resolve the condition. The charter
1523	school sponsor has the authority to require and approve a
1524	financial recovery plan, to be prepared by the charter school
1525	governing body, prescribing actions that will cause the charter
1526	school to no longer be subject to this section. The Department
1527	of Education shall establish guidelines for developing such
1528	plans.
1529	Section 6.  Subsection (1) of section 218.504, Florida
1530	Statutes, is amended to read:
1531	218.504  Cessation of state action.--The Governor or the
1532	Commissioner of Education, as appropriate, has the authority to
1533	terminate all state actions pursuant to ss. 218.50-218.504.
1534	Cessation of state action must not occur until the Governor or
1535	the Commissioner of Education, as appropriate, has determined
1536	that:
1537	(1)  The local governmental entity, charter school, or
1538	district school board:
1539	(a)  Has established and is operating an effective
1540	financial accounting and reporting system.
1541	(b)  Has resolved the conditions outlined in s. 218.503(1).
1542	Section 7.  Paragraph (e) of subsection (7) and subsection
1543	(8) of section 11.45, Florida Statutes, are amended to read:
1544	11.45  Definitions; duties; authorities; reports; rules.--
1545	(7)  AUDITOR GENERAL REPORTING REQUIREMENTS.--
1546	(e)  The Auditor General shall notify the Governor or the
1547	Commissioner of Education, as appropriate, and the Legislative
1548	Auditing Committee of any audit report reviewed by the Auditor
1549	General pursuant to paragraph (b) which contains a statement
1550	that a local governmental entity, charter school, or district
1551	school board has met one or more of the conditions specified in
1552	s. 218.503. If the Auditor General requests a clarification
1553	regarding information included in an audit report to determine
1554	whether a local governmental entity, charter school, or district
1555	school board has met one or more of the conditions specified in
1556	s. 218.503, the requested clarification must be provided within
1557	45 days after the date of the request. If the local governmental
1558	entity, charter school, or district school board does not comply
1559	with the Auditor General's request, the Auditor General shall
1560	notify the Legislative Auditing Committee. If, after obtaining
1561	the requested clarification, the Auditor General determines that
1562	the local governmental entity, charter school, or district
1563	school board has met one or more of the conditions specified in
1564	s. 218.503, he or she shall notify the Governor or the
1565	Commissioner of Education, as appropriate, and the Legislative
1566	Auditing Committee.
1567	(8)  RULES OF THE AUDITOR GENERAL.--The Auditor General, in
1568	consultation with the Board of Accountancy, shall adopt rules
1569	for the form and conduct of all financial audits performed by
1570	independent certified public accountants pursuant to ss.
1571	215.981, 218.39, 1001.453, 1004.28, and 1004.70. The rules for
1572	audits of local governmental entities, charter schools, and
1573	district school boards must include, but are not limited to,
1574	requirements for the reporting of information necessary to carry
1575	out the purposes of the Local Governmental Entity, Charter
1576	School, and District School Board Financial Emergencies Act as
1577	stated in s. 218.501.
1578	Section 8.  Subsection (3) of section 1003.05, Florida
1579	Statutes, is amended to read:
1580	1003.05  Assistance to transitioning students from military
1581	families.--
1582	(3)  Dependent children of active duty military personnel
1583	who otherwise meet the eligibility criteria for special academic
1584	programs offered through public schools shall be given first
1585	preference for admission to such programs even if the program is
1586	being offered through a public school other than the school to
1587	which the student would generally be assigned and the school at
1588	which the program is being offered has reached its maximum
1589	enrollment. If such a program is offered through a public school
1590	other than the school to which the student would generally be
1591	assigned, the parent or guardian of the student must assume
1592	responsibility for transporting the student to that school. For
1593	purposes of this subsection, special academic programs include
1594	charter schools, magnet schools, advanced studies programs,
1595	advanced placement, dual enrollment, and International
1596	Baccalaureate.
1597	Section 9.  Effective July 1, 2007, subsection (2) of
1598	section 1012.74, Florida Statutes, is amended to read:
1599	1012.74  Florida educators professional liability insurance
1600	protection.--
1601	(2)(a)  Educator professional liability coverage for all
1602	instructional personnel, including charter school instructional
1603	personnel, as defined by s. 1012.01(2), who are full-time
1604	personnel, as defined by the district school board policy, shall
1605	be provided by specific appropriations under the General
1606	Appropriations Act.
1607	(b)  Educator professional liability coverage shall be
1608	extended at cost to all instructional personnel, including
1609	charter school instructional personnel, as defined by s.
1610	1012.01(2), who are part-time personnel, as defined by the
1611	district school board policy, and choose to participate in the
1612	state-provided program.
1613	(c)  Educator professional liability coverage shall be
1614	extended at cost to all administrative personnel, including
1615	administrative personnel in charter schools, as defined by s.
1616	1012.01(3), who choose to participate in the state-provided
1617	program.
1618	Section 10.  Except as otherwise expressly provided in this
1619	act, this act shall take effect July 1, 2006.

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