HB 7103

1	A bill to be entitled
2	An act relating to charter schools; amending s. 1002.33,
3	F.S.; revising charter school purposes; modifying
4	provisions relating to duties of sponsors, the application
5	process, denial of an application, and review of appeals;
6	requiring the Department of Education to provide technical
7	assistance to charter school applicants; providing
8	requirements relating to charter contracts; providing
9	procedures when a state of financial emergency exists;
10	revising provisions relating to charter terms and renewal;
11	revising nonrenewal and termination provisions, including
12	procedures for immediate termination; revising provisions
13	relating to the reversion of funds; revising duties of a
14	charter school governing body relating to audits;
15	requiring the department to develop a uniform
16	accountability report; providing procedures with respect
17	to charter schools with deficiencies; requiring a school
18	improvement plan to raise student achievement; providing
19	for probation and corrective actions; requiring
20	consultation with respect to conversion charter school
21	attendance zones; revising provisions relating to payment
22	and reimbursement to a charter school by a school
23	district; requiring conversion charter schools to comply
24	with certain facility requirements under specific
25	situations; authorizing certain zoning and land use
26	designations for certain charter school facilities;
27	revising exemption from assessment of fees; authorizing
28	the department to recommend that school districts make
29	certain space available to charter schools; providing for
30	additional services to charter schools and revising
31	administrative fee requirements; requiring the department
32	to develop a standard format for applications, charters,
33	and charter renewals; requiring legislative review of
34	charter schools in 2010; amending s. 218.39, F.S.;
35	requiring the governing body of a charter school to be
36	notified of certain deteriorating financial conditions;
37	amending s. 218.50, F.S.; modifying a short title;
38	amending s. 218.501, F.S.; including charter schools in
39	the statement of purpose relating to financial management;
40	amending s. 218.503, F.S.; providing for charter schools
41	to be subject to provisions governing financial
42	emergencies; providing procedures; amending s. 218.504,
43	F.S.; providing for cessation of state action related to a
44	state of financial emergency; amending s. 11.45, F.S.;
45	conforming provisions; amending s. 1003.05, F.S.;
46	modifying the list of special academic programs for
47	transitioning students from military families; amending s.
48	1011.71, F.S.; clarifying the use of funds generated
49	through additional millage; providing an effective date.
50
51	Be It Enacted by the Legislature of the State of Florida:
52
53	Section 1.  Section 1002.33, Florida Statutes, is amended
54	to read:
55	1002.33  Charter schools.--
56	(1)  AUTHORIZATION.--Charter schools shall be part of the
57	state's program of public education. All charter schools in
58	Florida are public schools. A charter school may be formed by
59	creating a new school or converting an existing public school to
60	charter status. A public school may not use the term charter in
61	its name unless it has been approved under this section.
62	(2)  GUIDING PRINCIPLES; PURPOSE.--
63	(a)  Charter schools in Florida shall be guided by the
64	following principles:
65	1.  Meet high standards of student achievement while
66	providing parents flexibility to choose among diverse
67	educational opportunities within the state's public school
68	system.
69	2.  Promote enhanced academic success and financial
70	efficiency by aligning responsibility with accountability.
71	3.  Provide parents with sufficient information on whether
72	their child is reading at grade level and whether the child
73	gains at least a year's worth of learning for every year spent
74	in the charter school.
75	(b)  Charter schools shall fulfill the following purposes:
76	1.  Improve student learning and academic achievement.
77	2.  Increase learning opportunities for all students, with
78	special emphasis on low-performing students and reading.
79	3.  Create new professional opportunities for teachers,
80	including ownership of the learning program at the school site.
81	3.4.  Encourage the use of innovative learning methods.
82	4.5.  Require the measurement of learning outcomes.
83	(c)  Charter schools may fulfill the following purposes:
84	1.  Create innovative measurement tools.
85	2.  Provide rigorous competition within the public school
86	district to stimulate continual improvement in all public
87	schools.
88	3.  Expand the capacity of the public school system.
89	4.  Mitigate the educational impact created by the
90	development of new residential dwelling units.
91	5.  Create new professional opportunities for teachers,
92	including ownership of the learning program at the school site.
93	(3)  APPLICATION FOR CHARTER STATUS.--
94	(a)  An application for a new charter school may be made by
95	an individual, teachers, parents, a group of individuals, a
96	municipality, or a legal entity organized under the laws of this
97	state.
98	(b)  An application for a conversion charter school shall
99	be made by the district school board, the principal, teachers,
100	parents, and/or the school advisory council at an existing
101	public school that has been in operation for at least 2 years
102	prior to the application to convert., including A public school-
103	within-a-school that is designated as a school by the district
104	school board may also submit an application to convert to
105	charter status. An application submitted proposing to convert an
106	existing public school to a charter school shall demonstrate the
107	support of at least 50 percent of the teachers employed at the
108	school and 50 percent of the parents voting whose children are
109	enrolled at the school, provided that a majority of the parents
110	eligible to vote participate in the ballot process, according to
111	rules adopted by the State Board of Education. A district school
112	board denying an application for a conversion charter school
113	shall provide notice of denial to the applicants in writing
114	within 10 30 days after the meeting at which the district school
115	board denied the application. The notice must articulate in
116	writing specify the specific exact reasons for denial and must
117	provide documentation supporting those reasons. A private
118	school, parochial school, or home education program shall not be
119	eligible for charter school status.
120	(4)  UNLAWFUL REPRISAL.--
121	(a)  No district school board, or district school board
122	employee who has control over personnel actions, shall take
123	unlawful reprisal against another district school board employee
124	because that employee is either directly or indirectly involved
125	with an application to establish a charter school. As used in
126	this subsection, the term "unlawful reprisal" means an action
127	taken by a district school board or a school system employee
128	against an employee who is directly or indirectly involved in a
129	lawful application to establish a charter school, which occurs
130	as a direct result of that involvement, and which results in one
131	or more of the following: disciplinary or corrective action;
132	adverse transfer or reassignment, whether temporary or
133	permanent; suspension, demotion, or dismissal; an unfavorable
134	performance evaluation; a reduction in pay, benefits, or
135	rewards; elimination of the employee's position absent of a
136	reduction in workforce as a result of lack of moneys or work; or
137	other adverse significant changes in duties or responsibilities
138	that are inconsistent with the employee's salary or employment
139	classification. The following procedures shall apply to an
140	alleged unlawful reprisal that occurs as a consequence of an
141	employee's direct or indirect involvement with an application to
142	establish a charter school:
143	1.  Within 60 days after the date upon which a reprisal
144	prohibited by this subsection is alleged to have occurred, an
145	employee may file a complaint with the Department of Education.
146	2.  Within 3 working days after receiving a complaint under
147	this section, the Department of Education shall acknowledge
148	receipt of the complaint and provide copies of the complaint and
149	any other relevant preliminary information available to each of
150	the other parties named in the complaint, which parties shall
151	each acknowledge receipt of such copies to the complainant.
152	3.  If the Department of Education determines that the
153	complaint demonstrates reasonable cause to suspect that an
154	unlawful reprisal has occurred, the Department of Education
155	shall conduct an investigation to produce a fact-finding report.
156	4.  Within 90 days after receiving the complaint, the
157	Department of Education shall provide the district school
158	superintendent of the complainant's district and the complainant
159	with a fact-finding report that may include recommendations to
160	the parties or a proposed resolution of the complaint. The fact-
161	finding report shall be presumed admissible in any subsequent or
162	related administrative or judicial review.
163	5.  If the Department of Education determines that
164	reasonable grounds exist to believe that an unlawful reprisal
165	has occurred, is occurring, or is to be taken, and is unable to
166	conciliate a complaint within 60 days after receipt of the fact-
167	finding report, the Department of Education shall terminate the
168	investigation. Upon termination of any investigation, the
169	Department of Education shall notify the complainant and the
170	district school superintendent of the termination of the
171	investigation, providing a summary of relevant facts found
172	during the investigation and the reasons for terminating the
173	investigation. A written statement under this paragraph is
174	presumed admissible as evidence in any judicial or
175	administrative proceeding.
176	6.  The Department of Education shall either contract with
177	the Division of Administrative Hearings under s. 120.65, or
178	otherwise provide for a complaint for which the Department of
179	Education determines reasonable grounds exist to believe that an
180	unlawful reprisal has occurred, is occurring, or is to be taken,
181	and is unable to conciliate, to be heard by a panel of impartial
182	persons. Upon hearing the complaint, the panel shall make
183	findings of fact and conclusions of law for a final decision by
184	the Department of Education.
185
186	It shall be an affirmative defense to any action brought
187	pursuant to this section that the adverse action was predicated
188	upon grounds other than, and would have been taken absent, the
189	employee's exercise of rights protected by this section.
190	(b)  In any action brought under this section for which it
191	is determined reasonable grounds exist to believe that an
192	unlawful reprisal has occurred, is occurring, or is to be taken,
193	the relief shall include the following:
194	1.  Reinstatement of the employee to the same position held
195	before the unlawful reprisal was commenced, or to an equivalent
196	position, or payment of reasonable front pay as alternative
197	relief.
198	2.  Reinstatement of the employee's full fringe benefits
199	and seniority rights, as appropriate.
200	3.  Compensation, if appropriate, for lost wages, benefits,
201	or other lost remuneration caused by the unlawful reprisal.
202	4.  Payment of reasonable costs, including attorney's fees,
203	to a substantially prevailing employee, or to the prevailing
204	employer if the employee filed a frivolous action in bad faith.
205	5.  Issuance of an injunction, if appropriate, by a court
206	of competent jurisdiction.
207	6.  Temporary reinstatement to the employee's former
208	position or to an equivalent position, pending the final outcome
209	of the complaint, if it is determined that the action was not
210	made in bad faith or for a wrongful purpose, and did not occur
211	after a district school board's initiation of a personnel action
212	against the employee that includes documentation of the
213	employee's violation of a disciplinary standard or performance
214	deficiency.
215	(5)  SPONSOR; DUTIES.--
216	(a)  Sponsoring entities.--
217	1.  A district school board may sponsor a charter school in
218	the county over which the district school board has
219	jurisdiction.
220	2.  A state university may grant a charter to a lab school
221	created under s. 1002.32 and shall be considered to be the
222	school's sponsor. Such school shall be considered a charter lab
223	school.
224	(b)  Sponsor duties.--
225	1.  The sponsor shall monitor and review the charter school
226	in its progress toward the goals established in the charter.
227	2.  The sponsor shall monitor the revenues and expenditures
228	of the charter school.
229	3.  The sponsor may approve a charter for a charter school
230	before the applicant has secured space, equipment, or personnel,
231	if the applicant indicates approval is necessary for it to raise
232	working funds capital.
233	4.  The sponsor's policies shall not apply to a charter
234	school unless mutually agreed to by both the sponsor and the
235	charter school.
236	5.  The sponsor shall ensure that the charter is innovative
237	and consistent with the state education goals established by s.
238	1000.03(5).
239	6.  The sponsor shall ensure that the charter school
240	participates in the state's education accountability system. If
241	a charter school falls short of performance measures included in
242	the approved charter, the sponsor shall report such shortcomings
243	to the Department of Education.
244	7.  The sponsor shall not impose additional reporting
245	requirements on a charter school without providing reasonable
246	and specific justification in writing to the charter school.
247
248	A community college may work with the school district or school
249	districts in its designated service area to develop charter
250	schools that offer secondary education. These charter schools
251	must include an option for students to receive an associate
252	degree upon high school graduation. District school boards shall
253	cooperate with and assist the community college on the charter
254	application. Community college applications for charter schools
255	are not subject to the time deadlines outlined in subsection (6)
256	and may be approved by the district school board at any time
257	during the year. Community colleges shall not report FTE for any
258	students who receive FTE funding through the Florida Education
259	Finance Program.
260	(6)  APPLICATION PROCESS AND REVIEW.--Charter school
261	Beginning September 1, 2003, applications are subject to the
262	following requirements:
263	(a)  A person or entity wishing to open a charter school
264	shall prepare an application that:
265	1.  Demonstrates how the school will use the guiding
266	principles and meet the statutorily defined purpose of a charter
267	school.
268	2.  Provides a detailed curriculum plan that illustrates
269	how students will be provided services to attain the Sunshine
270	State Standards.
271	3.  Contains goals and objectives for improving student
272	learning and measuring that improvement. These goals and
273	objectives must indicate how much academic improvement students
274	are expected to show each year, how success will be evaluated,
275	and the specific results to be attained through instruction.
276	4.  Describes the reading curriculum and differentiated
277	strategies that will be used for students reading at grade level
278	or higher and a separate curriculum and strategies for students
279	who are reading below grade level. A sponsor shall deny a
280	charter if the school does not propose a reading curriculum that
281	is consistent with effective teaching strategies that are
282	grounded in scientifically based reading research.
283	5.  Contains an annual financial plan for each year
284	requested by the charter for operation of the school for up to 5
285	years. This plan must contain anticipated fund balances based on
286	revenue projections, a spending plan based on projected revenues
287	and expenses, and a description of controls that will safeguard
288	finances and projected enrollment trends.
289	(b)  A district school board shall receive and review all
290	applications for a charter school. Beginning with the 2007-2008
291	school year, a district school board shall receive and consider
292	charter school applications received on or before August
293	September 1 of each calendar year for charter schools to be
294	opened at the beginning of the school district's next school
295	year, or to be opened at a time agreed to by the applicant and
296	the district school board. A district school board may receive
297	applications later than this date if it chooses. A sponsor may
298	not charge an applicant for a charter any fee for the processing
299	or consideration of an application, and a sponsor may not base
300	its consideration or approval of an application upon the promise
301	of future payment of any kind.
302	1.  In order to facilitate an accurate budget projection
303	process, a district school board shall be held harmless for FTE
304	students who are not included in the FTE projection due to
305	approval of charter school applications after the FTE projection
306	deadline. In a further effort to facilitate an accurate budget
307	projection, within 15 calendar days after receipt of a charter
308	school application, a district school board or other sponsor
309	shall report to the Department of Education the name of the
310	applicant entity, the proposed charter school location, and its
311	projected FTE.
312	2.  In order to ensure fiscal responsibility, an
313	application for a charter school shall include a full accounting
314	of expected assets, a projection of expected sources and amounts
315	of income, including income derived from projected student
316	enrollments and from community support, and an expense
317	projection that includes full accounting of the costs of
318	operation, including start-up costs.
319	3.  A district school board shall by a majority vote
320	approve or deny an application no later than 60 calendar days
321	after the application is received, unless the district school
322	board and the applicant mutually agree in writing to temporarily
323	postpone the vote to a specific date, at which time the district
324	school board shall by a majority vote approve or deny the
325	application. If the district school board fails to act on the
326	application, an applicant may appeal to the State Board of
327	Education as provided in paragraph (c). If an application is
328	denied, the district school board shall, within 10 calendar
329	days, articulate in writing the specific reasons for based upon
330	good cause supporting its denial of the charter application and
331	shall provide the letter of denial and supporting documentation
332	to the applicant and to the Department of Education supporting
333	those reasons.
334	4.  For budget projection purposes, the district school
335	board or other sponsor shall report to the Department of
336	Education the approval or denial of a charter application within
337	10 calendar days after such approval or denial. In the event of
338	approval, the report to the Department of Education shall
339	include the final projected FTE for the approved charter school.
340	5.  Upon approval of a charter application, the initial
341	startup shall commence with the beginning of the public school
342	calendar for the district in which the charter is granted unless
343	the sponsor district school board allows a waiver of this
344	provision for good cause.
345	(c)  An applicant may appeal any denial of that applicant's
346	application or failure to act on an application to the State
347	Board of Education no later than 30 calendar days after receipt
348	of the district school board's decision or failure to act and
349	shall notify the district school board of its appeal. Any
350	response of the district school board shall be submitted to the
351	State Board of Education within 30 calendar days after
352	notification of the appeal. Upon receipt of notification from
353	the State Board of Education that a charter school applicant is
354	filing an appeal, the Commissioner of Education shall convene a
355	meeting of the Charter School Appeal Commission to study and
356	make recommendations to the State Board of Education regarding
357	its pending decision about the appeal. The commission shall
358	forward its recommendation to the state board no later than 7
359	calendar days prior to the date on which the appeal is to be
360	heard. The State Board of Education shall by majority vote
361	accept or reject the decision of the district school board no
362	later than 90 calendar days after an appeal is filed in
363	accordance with State Board of Education rule. The Charter
364	School Appeal Commission may reject an appeal submission for
365	failure to comply with procedural rules governing the appeals
366	process. The rejection shall describe the submission errors. The
367	appellant may have up to 15 calendar days from notice of
368	rejection to resubmit an appeal that meets requirements of State
369	Board of Education rule. An application for appeal submitted
370	subsequent to such rejection shall be considered timely if the
371	original appeal was filed within 30 calendar days after receipt
372	of notice of the specific reasons for the district school
373	board's denial of the charter application. The State Board of
374	Education shall remand the application to the district school
375	board with its written decision that the district school board
376	approve or deny the application. The district school board shall
377	implement the decision of the State Board of Education. The
378	decision of the State Board of Education is not subject to the
379	provisions of the Administrative Procedure Act, chapter 120.
380	(d)  The district school board shall act upon the decision
381	of the State Board of Education within 30 calendar days after it
382	is received. The State Board of Education's decision is a final
383	action subject to judicial review in the district court of
384	appeal.
385	(e)1.  A Charter School Appeal Commission is established to
386	assist the commissioner and the State Board of Education with a
387	fair and impartial review of appeals by applicants whose charter
388	applications have been denied, whose charter contracts have not
389	been renewed, or whose charter contracts have been terminated by
390	their sponsors, or whose disputes over contract negotiations
391	have not been resolved through mediation.
392	2.  The Charter School Appeal Commission may receive copies
393	of the appeal documents forwarded to the State Board of
394	Education, review the documents, gather other applicable
395	information regarding the appeal, and make a written
396	recommendation to the commissioner. The recommendation must
397	state whether the appeal should be upheld or denied and include
398	the reasons for the recommendation being offered. The
399	commissioner shall forward the recommendation to the State Board
400	of Education no later than 7 calendar days prior to the date on
401	which the appeal is to be heard. The state board must consider
402	the commission's recommendation in making its decision, but is
403	not bound by the recommendation. The decision of the Charter
404	School Appeal Commission is not subject to the provisions of the
405	Administrative Procedure Act, chapter 120.
406	3.  The commissioner shall appoint the members of the
407	Charter School Appeal Commission. Members shall serve without
408	compensation but may be reimbursed for travel and per diem
409	expenses in conjunction with their service. One-half of the
410	members must represent currently operating charter schools, and
411	one-half of the members must represent school districts. The
412	commissioner or a named designee shall chair the Charter School
413	Appeal Commission.
414	4.  The chair shall convene meetings of the commission and
415	shall ensure that the written recommendations are completed and
416	forwarded in a timely manner. In cases where the commission
417	cannot reach a decision, the chair shall make the written
418	recommendation with justification, noting that the decision was
419	rendered by the chair.
420	5.  Commission members shall thoroughly review the
421	materials presented to them from the appellant and the sponsor.
422	The commission may request information to clarify the
423	documentation presented to it. In the course of its review, the
424	commission may facilitate the postponement of an appeal in those
425	cases where additional time and communication may negate the
426	need for a formal appeal and both parties agree, in writing, to
427	postpone the appeal to the State Board of Education. A new date
428	certain for the appeal shall then be set based upon the rules
429	and procedures of the State Board of Education. Commission
430	members shall provide a written recommendation to the state
431	board as to whether the appeal should be upheld or denied. A
432	fact-based justification for the recommendation must be
433	included. The chair must ensure that the written recommendation
434	is submitted to the State Board of Education members no later
435	than 7 calendar days prior to the date on which the appeal is to
436	be heard. Both parties in the case shall also be provided a copy
437	of the recommendation.
438	(f)  The Department of Education shall offer or arrange for
439	training and technical assistance to charter school applicants
440	in developing business plans and estimating costs and income.
441	This assistance shall address estimating startup costs,
442	projecting enrollment, and identifying the types and amounts of
443	state and federal financial assistance the charter school will
444	be eligible to receive. The department of Education may provide
445	other technical assistance to an applicant upon written request.
446	(g)  In considering charter applications for a lab school,
447	a state university shall consult with the district school board
448	of the county in which the lab school is located. The decision
449	of a state university may be appealed pursuant to the procedure
450	established in this subsection.
451	(h)  The terms and conditions for the operation of a
452	charter school shall be set forth by the sponsor and the
453	applicant in a written contractual agreement, called a charter.
454	The sponsor shall not impose unreasonable rules or regulations
455	that violate the intent of giving charter schools greater
456	flexibility to meet educational goals. The applicant and sponsor
457	shall have 60 days to provide an initial proposed charter
458	contract to the charter school. The applicant and the sponsor
459	shall have 75 days thereafter to negotiate and notice the
460	charter contract for final approval by the sponsor unless both
461	parties agree to an extension 6 months in which to mutually
462	agree to the provisions of the charter. The proposed charter
463	contract shall be provided to the charter school at least 7
464	calendar days prior to the date of the meeting at which the
465	charter is scheduled to be voted upon by the sponsor. The
466	Department of Education shall provide mediation services for any
467	dispute regarding this section subsequent to the approval of a
468	charter application and for any dispute relating to the approved
469	charter, except disputes regarding charter school application
470	denials. If the Commissioner of Education determines that the
471	dispute cannot be settled through mediation, the dispute may be
472	appealed to an administrative law judge appointed by the
473	Division of Administrative Hearings. The administrative law
474	judge may rule on issues of equitable treatment of the charter
475	school as a public school, whether proposed provisions of the
476	charter violate the intended flexibility granted charter schools
477	by statute, or on any other matter regarding this section except
478	a charter school application denial, a charter termination, or a
479	charter nonrenewal and shall award the prevailing party
480	reasonable attorney's fees and costs incurred to be paid by the
481	losing party. The costs of the administrative hearing shall be
482	paid by the party whom the administrative law judge rules
483	against.
484	(7)  CHARTER.--The major issues involving the operation of
485	a charter school shall be considered in advance and written into
486	the charter. The charter shall be signed by the governing body
487	of the charter school and the sponsor, following a public
488	hearing to ensure community input.
489	(a)  The charter shall address, and criteria for approval
490	of the charter shall be based on:
491	1.  The school's mission, the students to be served, and
492	the ages and grades to be included.
493	2.  The focus of the curriculum, the instructional methods
494	to be used, any distinctive instructional techniques to be
495	employed, and identification and acquisition of appropriate
496	technologies needed to improve educational and administrative
497	performance which include a means for promoting safe, ethical,
498	and appropriate uses of technology which comply with legal and
499	professional standards. The charter shall ensure that reading is
500	a primary focus of the curriculum and that resources are
501	provided to identify and provide specialized instruction for
502	students who are reading below grade level. The curriculum and
503	instructional strategies for reading must be consistent with the
504	Sunshine State Standards and grounded in scientifically based
505	reading research.
506	3.  The current incoming baseline standard of student
507	academic achievement, the outcomes to be achieved, and the
508	method of measurement that will be used. The criteria listed in
509	this subparagraph shall include a detailed description for each
510	of the following:
511	a.  How the baseline student academic achievement levels
512	and prior rates of academic progress will be established.
513	b.  How these baseline rates will be compared to rates of
514	academic progress achieved by these same students while
515	attending the charter school.
516	c.  To the extent possible, how these rates of progress
517	will be evaluated and compared with rates of progress of other
518	closely comparable student populations.
519
520	The district school board is required to provide academic
521	student performance data to charter schools for each of their
522	students coming from the district school system, as well as
523	rates of academic progress of comparable student populations in
524	the district school system.
525	4.  The methods used to identify the educational strengths
526	and needs of students and how well educational goals and
527	performance standards are met by students attending the charter
528	school. Included in the methods is a means for the charter
529	school to ensure accountability to its constituents by analyzing
530	student performance data and by evaluating the effectiveness and
531	efficiency of its major educational programs. Students in
532	charter schools shall, at a minimum, participate in the
533	statewide assessment program created under s. 1008.22.
534	5.  In secondary charter schools, a method for determining
535	that a student has satisfied the requirements for graduation in
536	s. 1003.43.
537	6.  A method for resolving conflicts between the governing
538	body of the charter school and the sponsor.
539	7.  The admissions procedures and dismissal procedures,
540	including the school's code of student conduct.
541	8.  The ways by which the school will achieve a
542	racial/ethnic balance reflective of the community it serves or
543	within the racial/ethnic range of other public schools in the
544	same school district.
545	9.  The financial and administrative management of the
546	school, including a reasonable demonstration of the professional
547	experience or competence of those individuals or organizations
548	applying to operate the charter school or those hired or
549	retained to perform such professional services and the
550	description of clearly delineated responsibilities and the
551	policies and practices needed to effectively manage the charter
552	school. A description of internal audit procedures and
553	establishment of controls to ensure that financial resources are
554	properly managed must be included. Both public sector and
555	private sector professional experience shall be equally valid in
556	such a consideration.
557	10.  The asset and liability projections required in the
558	application which are incorporated into the charter and which
559	shall be compared with information provided in the annual report
560	of the charter school. The charter shall ensure that, if a
561	charter school internal audit or annual financial audit reveals
562	a state of financial emergency as defined in s. 218.503 or
563	deficit financial position, the auditors are required to notify
564	the charter school governing board, the sponsor, and the
565	Department of Education. The internal auditor shall report such
566	findings in the form of an exit interview to the principal or
567	the principal administrator of the charter school and the chair
568	of the governing board within 7 working days after finding the
569	state of financial emergency or deficit position. A final report
570	shall be provided to the entire governing board, the sponsor,
571	and the Department of Education within 14 working days after the
572	exit interview. When a charter school is in a state of financial
573	emergency, the charter school shall file a detailed financial
574	recovery plan with the sponsor. The department, with the
575	involvement of both sponsors and charter schools, shall
576	establish guidelines for developing such plans.
577	11.  A description of procedures that identify various
578	risks and provide for a comprehensive approach to reduce the
579	impact of losses; plans to ensure the safety and security of
580	students and staff; plans to identify, minimize, and protect
581	others from violent or disruptive student behavior; and the
582	manner in which the school will be insured, including whether or
583	not the school will be required to have liability insurance,
584	and, if so, the terms and conditions thereof and the amounts of
585	coverage.
586	12.  The term of the charter which shall provide for
587	cancellation of the charter if insufficient progress has been
588	made in attaining the student achievement objectives of the
589	charter and if it is not likely that such objectives can be
590	achieved before expiration of the charter. The initial term of a
591	charter shall be for 3, 4, or 5 years. In order to facilitate
592	access to long-term financial resources for charter school
593	construction, charter schools that are operated by a
594	municipality or other public entity as provided by law are
595	eligible for up to a 15-year charter, subject to approval by the
596	district school board. A charter lab school is eligible for a
597	charter for a term of up to 15 years. In addition, to facilitate
598	access to long-term financial resources for charter school
599	construction, charter schools that are operated by a private,
600	not-for-profit, s. 501(c)(3) status corporation are eligible for
601	up to a 15-year 10-year charter, subject to approval by the
602	district school board. Such long-term charters remain subject to
603	annual review and may be terminated during the term of the
604	charter, but only for specific good cause according to the
605	provisions set forth in subsection (8).
606	13.  The facilities to be used and their location.
607	14.  The qualifications to be required of the teachers and
608	the potential strategies used to recruit, hire, train, and
609	retain qualified staff to achieve best value.
610	15.  The governance structure of the school, including the
611	status of the charter school as a public or private employer as
612	required in paragraph (12)(i).
613	16.  A timetable for implementing the charter which
614	addresses the implementation of each element thereof and the
615	date by which the charter shall be awarded in order to meet this
616	timetable.
617	17.  In the case of an existing public school being
618	converted to charter status, alternative arrangements for
619	current students who choose not to attend the charter school and
620	for current teachers who choose not to teach in the charter
621	school after conversion in accordance with the existing
622	collective bargaining agreement or district school board rule in
623	the absence of a collective bargaining agreement. However,
624	alternative arrangements shall not be required for current
625	teachers who choose not to teach in a charter lab school, except
626	as authorized by the employment policies of the state university
627	which grants the charter to the lab school.
628	(b)1.  A charter may be renewed every 5 school years,
629	provided that a program review demonstrates that the criteria in
630	paragraph (a) have been successfully accomplished and that none
631	of the grounds for nonrenewal established by paragraph (8)(a)
632	has been documented. In order to facilitate long-term financing
633	for charter school construction, charter schools operating for a
634	minimum of 2 years and demonstrating exemplary academic
635	programming and fiscal management are eligible for a 15-year
636	charter renewal. Such long-term charter is subject to annual
637	review and may be terminated during the term of the charter.
638	2.  The 15-year charter renewal that may be granted
639	pursuant to subparagraph 1. shall be granted to a charter school
640	that has received a school grade of "A" or "B" pursuant to s.
641	1008.34 in 3 of the past 4 years and is not in a state of
642	financial emergency or deficit position as defined by this
643	section. Such long-term charter is subject to annual review and
644	may be terminated during the term of the charter pursuant to
645	subsection (8).
646	(c)  A charter may be modified during its initial term or
647	any renewal term upon the recommendation of the sponsor or the
648	charter school governing board and the approval of both parties
649	to the agreement.
650	(8)  CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.--
651	(a)  At the end of the term of a charter, The sponsor may
652	choose not to renew or may terminate the charter for any of the
653	following grounds:
654	1.  Failure to participate in the state's education
655	accountability system created in s. 1008.31, as required in this
656	section, or failure to meet the requirements for student
657	performance stated in the charter.
658	2.  Failure to meet generally accepted standards of fiscal
659	management.
660	3.  Violation of law.
661	4.  Other good cause shown.
662	(b)  During the term of a charter, the sponsor may
663	terminate the charter for any of the grounds listed in paragraph
664	(a).
665	(b)(c)  At least 90 days prior to renewing or terminating a
666	charter, the sponsor shall notify the governing body of the
667	school of the proposed action in writing. The notice shall state
668	in reasonable detail the grounds for the proposed action and
669	stipulate that the school's governing body may, within 14
670	calendar days after receiving the notice, request an informal
671	hearing before the sponsor. The sponsor shall conduct the
672	informal hearing within 30 calendar days after receiving a
673	written request. The charter school's governing body may, within
674	14 calendar days after receiving the sponsor's decision to
675	terminate or refuse to renew the charter, appeal the decision
676	pursuant to the procedure established in subsection (6).
677	(c)  If a charter is not renewed or is terminated pursuant
678	to paragraph (b), the sponsor shall, within 10 calendar days,
679	articulate in writing the specific reasons for its nonrenewal or
680	termination of the charter and must provide the letter of
681	nonrenewal or termination and documentation supporting the
682	reasons to the charter school governing body, the charter school
683	principal, and the Department of Education. The charter school's
684	governing body may, within 30 calendar days after receiving the
685	sponsor's final written decision to refuse to renew or to
686	terminate the charter, appeal the decision pursuant to the
687	procedure established in subsection (6).
688	(d)  A charter may be terminated immediately if the sponsor
689	determines that good cause has been shown or if the health,
690	safety, or welfare of the students is threatened. The sponsor
691	shall notify in writing the charter school's governing body, the
692	charter school principal, and the department if a charter is
693	immediately terminated. The sponsor shall clearly identify the
694	specific issues that resulted in the immediate termination and
695	provide evidence of prior notification of issues resulting in
696	the immediate termination when appropriate. The school district
697	in which the charter school is located shall assume operation of
698	the school under these circumstances. The charter school's
699	governing board may, within 30 14 days after receiving the
700	sponsor's decision to terminate the charter, appeal the decision
701	pursuant to the procedure established in subsection (6).
702	(e)  When a charter is not renewed or is terminated, the
703	school shall be dissolved under the provisions of law under
704	which the school was organized, and any unencumbered public
705	funds, except for capital outlay funds and federal charter
706	school program grant funds, from the charter school shall revert
707	to the sponsor district school board. Capital outlay funds
708	provided pursuant to s. 1013.62 and federal charter school
709	program grant funds that are unencumbered shall revert to the
710	department to be redistributed among eligible charter schools.
711	In the event a charter school is dissolved or is otherwise
712	terminated, all district school board property and improvements,
713	furnishings, and equipment purchased with public funds shall
714	automatically revert to full ownership by the district school
715	board, subject to complete satisfaction of any lawful liens or
716	encumbrances. Any unencumbered public funds from the charter
717	school, district school board property and improvements,
718	furnishings, and equipment purchased with public funds, or
719	financial or other records pertaining to the charter school, in
720	the possession of any person, entity, or holding company, other
721	than the charter school, shall be held in trust upon the
722	district school board's request, until any appeal status is
723	resolved.
724	(f)  If a charter is not renewed or is terminated, the
725	charter school is responsible for all debts of the charter
726	school. The district may not assume the debt from any contract
727	for services made between the governing body of the school and a
728	third party, except for a debt that is previously detailed and
729	agreed upon in writing by both the district and the governing
730	body of the school and that may not reasonably be assumed to
731	have been satisfied by the district.
732	(g)  If a charter is not renewed or is terminated, a
733	student who attended the school may apply to, and shall be
734	enrolled in, another public school. Normal application deadlines
735	shall be disregarded under such circumstances.
736	(9)  CHARTER SCHOOL REQUIREMENTS.--
737	(a)  A charter school shall be nonsectarian in its
738	programs, admission policies, employment practices, and
739	operations.
740	(b)  A charter school shall admit students as provided in
741	subsection (10).
742	(c)  A charter school shall be accountable to its sponsor
743	for performance as provided in subsection (7).
744	(d)  A charter school shall not charge tuition or
745	registration fees, except those fees normally charged by other
746	public schools. However, a charter lab school may charge a
747	student activity and service fee as authorized by s. 1002.32(5).
748	(e)  A charter school shall meet all applicable state and
749	local health, safety, and civil rights requirements.
750	(f)  A charter school shall not violate the
751	antidiscrimination provisions of s. 1000.05.
752	(g)  A charter school shall provide for an annual financial
753	audit in accordance with s. 218.39. Financial audits that reveal
754	a state of financial emergency as defined in s. 218.503 and are
755	conducted by a certified public accountant or auditor in
756	accordance with s. 218.39 shall be provided to the governing
757	body of the charter school within 7 working days after finding
758	that a state of financial emergency exists. When a charter
759	school is found to be in a state of financial emergency by a
760	certified public accountant or auditor, the charter school must
761	file a detailed financial recovery plan with the sponsor within
762	30 days after receipt of the audit.
763	(h)  No organization shall hold more than 15 charters
764	statewide.
765	(h)(i)  In order to provide financial information that is
766	comparable to that reported for other public schools, charter
767	schools are to maintain all financial records which constitute
768	their accounting system:
769	1.  In accordance with the accounts and codes prescribed in
770	the most recent issuance of the publication titled "Financial
771	and Program Cost Accounting and Reporting for Florida Schools";
772	or
773	2.  At the discretion of the charter school governing
774	board, a charter school may elect to follow generally accepted
775	accounting standards for not-for-profit organizations, but must
776	reformat this information for reporting according to this
777	paragraph.
778
779	Charter schools shall are to provide annual financial report and
780	program cost report information in the state-required formats
781	for inclusion in district reporting in compliance with s.
782	1011.60(1). Charter schools that are operated by a municipality
783	or are a component unit of a parent nonprofit organization may
784	use the accounting system of the municipality or the parent but
785	must reformat this information for reporting according to this
786	paragraph.
787	(i)(j)  The governing board of the charter school shall
788	annually adopt and maintain an operating budget.
789	(j)(k)  The governing body of the charter school shall
790	exercise continuing oversight over charter school operations.
791	(k)  The governing body of the charter school shall be
792	responsible for:
793	1.  Ensuring that the charter school has retained the
794	services of a certified public accountant or auditor for the
795	annual financial audit, pursuant to paragraph (g), who shall
796	submit the report to the governing body.
797	2.  Reviewing and approving the audit report, including
798	audit findings and recommendations for the financial recovery
799	plan.
800	3.  Monitoring a financial recovery plan in order to ensure
801	compliance.
802	(l)  The governing body of the charter school shall report
803	its progress annually to its sponsor, which shall forward the
804	report to the Commissioner of Education at the same time as
805	other annual school accountability reports. The Department of
806	Education shall develop a uniform, on-line annual accountability
807	report to be completed by charter schools. This report shall be
808	easy to utilize and contain demographic information, student
809	performance data, and financial accountability information. A
810	charter school shall not be required to provide information and
811	data that is duplicative and already in the possession of the
812	department. The Department of Education shall include in its
813	compilation a notation if a school failed to file its report by
814	the deadline established by the department. The report shall
815	include at least the following components:
816	1.  Student achievement performance data, including the
817	information required for the annual school report and the
818	education accountability system governed by ss. 1008.31 and
819	1008.345. Charter schools are subject to the same accountability
820	requirements as other public schools, including reports of
821	student achievement information that links baseline student data
822	to the school's performance projections identified in the
823	charter. The charter school shall identify reasons for any
824	difference between projected and actual student performance.
825	2.  Financial status of the charter school which must
826	include revenues and expenditures at a level of detail that
827	allows for analysis of the ability to meet financial obligations
828	and timely repayment of debt.
829	3.  Documentation of the facilities in current use and any
830	planned facilities for use by the charter school for instruction
831	of students, administrative functions, or investment purposes.
832	4.  Descriptive information about the charter school's
833	personnel, including salary and benefit levels of charter school
834	employees, the proportion of instructional personnel who hold
835	professional or temporary certificates, and the proportion of
836	instructional personnel teaching in-field or out-of-field.
837	(m)  A charter school shall not levy taxes or issue bonds
838	secured by tax revenues.
839	(n)  A charter school shall provide instruction for at
840	least the number of days required by law for other public
841	schools, and may provide instruction for additional days.
842	(o)  The director and a representative of the governing
843	body of a charter school that has received a school grade of "D"
844	under s. 1008.34(2) shall appear before the sponsor or the
845	sponsor's staff at least once a year to present information
846	concerning each contract component having noted deficiencies.
847	The sponsor shall communicate at the meeting, and in writing to
848	the director, the services provided to the school to help the
849	school address its deficiencies.
850	(p)  Upon notification that a charter school receives a
851	school grade of "D" for 2 consecutive years or a school grade of
852	"F" under s. 1008.34(2), the charter school sponsor or the
853	sponsor's staff shall require the director and a representative
854	of the governing body to submit to the sponsor for approval a
855	school improvement plan to raise student achievement and to
856	implement the plan. The sponsor has the authority to approve a
857	school improvement plan that the charter school will implement
858	in the following school year. The sponsor may also consider the
859	State Board of Education's recommended action pursuant to s.
860	1008.33(1) as part of the school improvement plan. The
861	Department of Education shall offer technical assistance and
862	training to the charter school and its governing body and
863	establish guidelines for developing, submitting, and approving
864	such plans.
865	1.  If the charter school fails to improve its student
866	performance from the year immediately prior to the
867	implementation of the school improvement plan, the sponsor shall
868	place the charter school on probation and shall require the
869	charter school governing body to take one of the following
870	corrective actions:
871	a.  Contract for the educational services of the charter
872	school;
873	b.  Reorganize the school at the end of the school year
874	under a new director or principal who is authorized to hire new
875	staff and implement a plan that addresses the causes of
876	inadequate progress; or
877	c.  Reconstitute the charter school.
878	2.  A charter school that is placed on probation shall
879	continue the corrective actions required under subparagraph 1.
880	until the charter school improves its student performance from
881	the year prior to the implementation of the school improvement
882	plan.
883	3.  Notwithstanding any provision of this paragraph, the
884	sponsor may terminate the charter at any time pursuant to the
885	provisions of subsection (8).
886	(q)  The director and a representative of the governing
887	body of a graded charter school that has submitted a school
888	improvement plan or has been placed on probation under paragraph
889	(p) shall appear before the sponsor or the sponsor's staff at
890	least once a year to present information regarding the
891	corrective strategies that are being implemented by the school
892	pursuant to the school improvement plan. The sponsor shall
893	communicate at the meeting, and in writing to the director, the
894	services provided to the school to help the school address its
895	deficiencies.
896	(10)  ELIGIBLE STUDENTS.--
897	(a)  A charter school shall be open to any student covered
898	in an interdistrict agreement or residing in the school district
899	in which the charter school is located; however, in the case of
900	a charter lab school, the charter lab school shall be open to
901	any student eligible to attend the lab school as provided in s.
902	1002.32 or who resides in the school district in which the
903	charter lab school is located. Any eligible student shall be
904	allowed interdistrict transfer to attend a charter school when
905	based on good cause.
906	(b)  The charter school shall enroll an eligible student
907	who submits a timely application, unless the number of
908	applications exceeds the capacity of a program, class, grade
909	level, or building. In such case, all applicants shall have an
910	equal chance of being admitted through a random selection
911	process.
912	(c)  When a public school converts to charter status,
913	enrollment preference shall be given to students who would have
914	otherwise attended that public school. The district school board
915	shall consult and negotiate with the conversion charter school
916	every 3 years to determine whether realignment of the conversion
917	charter school's attendance zone is appropriate in order to
918	ensure that students residing closest to the charter school are
919	provided with an enrollment preference.
920	(d)  A charter school may give enrollment preference to the
921	following student populations:
922	1.  Students who are siblings of a student enrolled in the
923	charter school.
924	2.  Students who are the children of a member of the
925	governing board of the charter school.
926	3.  Students who are the children of an employee of the
927	charter school.
928	(e)  A charter school may limit the enrollment process only
929	to target the following student populations:
930	1.  Students within specific age groups or grade levels.
931	2.  Students considered at risk of dropping out of school
932	or academic failure. Such students shall include exceptional
933	education students.
934	3.  Students enrolling in a charter school-in-the-workplace
935	or charter school-in-a-municipality established pursuant to
936	subsection (15).
937	4.  Students residing within a reasonable distance of the
938	charter school, as described in paragraph (20)(c). Such students
939	shall be subject to a random lottery and to the racial/ethnic
940	balance provisions described in subparagraph (7)(a)8. or any
941	federal provisions that require a school to achieve a
942	racial/ethnic balance reflective of the community it serves or
943	within the racial/ethnic range of other public schools in the
944	same school district.
945	5.  Students who meet reasonable academic, artistic, or
946	other eligibility standards established by the charter school
947	and included in the charter school application and charter or,
948	in the case of existing charter schools, standards that are
949	consistent with the school's mission and purpose. Such standards
950	shall be in accordance with current state law and practice in
951	public schools and may not discriminate against otherwise
952	qualified individuals.
953	6.  Students articulating from one charter school to
954	another pursuant to an articulation agreement between the
955	charter schools that has been approved by the sponsor.
956	(f)  Students with handicapping conditions and students
957	served in English for Speakers of Other Languages programs shall
958	have an equal opportunity of being selected for enrollment in a
959	charter school.
960	(g)  A student may withdraw from a charter school at any
961	time and enroll in another public school as determined by
962	district school board rule.
963	(h)  The capacity of the charter school shall be determined
964	annually by the governing board, in conjunction with the
965	sponsor, of the charter school in consideration of the factors
966	identified in this subsection.
967	(11)  PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR
968	ACTIVITIES.--A charter school student is eligible to participate
969	in an interscholastic extracurricular activity at the public
970	school to which the student would be otherwise assigned to
971	attend pursuant to s. 1006.15(3)(d).
972	(12)  EMPLOYEES OF CHARTER SCHOOLS.--
973	(a)  A charter school shall select its own employees. A
974	charter school may contract with its sponsor for the services of
975	personnel employed by the sponsor.
976	(b)  Charter school employees shall have the option to
977	bargain collectively. Employees may collectively bargain as a
978	separate unit or as part of the existing district collective
979	bargaining unit as determined by the structure of the charter
980	school.
981	(c)  The employees of a conversion charter school shall
982	remain public employees for all purposes, unless such employees
983	choose not to do so.
984	(d)  The teachers at a charter school may choose to be part
985	of a professional group that subcontracts with the charter
986	school to operate the instructional program under the auspices
987	of a partnership or cooperative that they collectively own.
988	Under this arrangement, the teachers would not be public
989	employees.
990	(e)  Employees of a school district may take leave to
991	accept employment in a charter school upon the approval of the
992	district school board. While employed by the charter school and
993	on leave that is approved by the district school board, the
994	employee may retain seniority accrued in that school district
995	and may continue to be covered by the benefit programs of that
996	school district, if the charter school and the district school
997	board agree to this arrangement and its financing. School
998	districts shall not require resignations of teachers desiring to
999	teach in a charter school. This paragraph shall not prohibit a
1000	district school board from approving alternative leave
1001	arrangements consistent with chapter 1012.
1002	(f)  Teachers employed by or under contract to a charter
1003	school shall be certified as required by chapter 1012. A charter
1004	school governing board may employ or contract with skilled
1005	selected noncertified personnel to provide instructional
1006	services or to assist instructional staff members as education
1007	paraprofessionals in the same manner as defined in chapter 1012,
1008	and as provided by State Board of Education rule for charter
1009	school governing boards. A charter school may not knowingly
1010	employ an individual to provide instructional services or to
1011	serve as an education paraprofessional if the individual's
1012	certification or licensure as an educator is suspended or
1013	revoked by this or any other state. A charter school may not
1014	knowingly employ an individual who has resigned from a school
1015	district in lieu of disciplinary action with respect to child
1016	welfare or safety, or who has been dismissed for just cause by
1017	any school district with respect to child welfare or safety. The
1018	qualifications of teachers shall be disclosed to parents.
1019	(g)  A charter school shall employ or contract with
1020	employees who have undergone background screening as provided in
1021	s. 1012.32. Members of the governing board of the charter school
1022	shall also undergo background screening in a manner similar to
1023	that provided in s. 1012.32.
1024	(h)  For the purposes of tort liability, the governing body
1025	and employees of a charter school shall be governed by s.
1026	768.28.
1027	(i)  A charter school shall organize as, or be operated by,
1028	a nonprofit organization. A charter school may be operated by a
1029	municipality or other public entity as provided for by law. As
1030	such, the charter school may be either a private or a public
1031	employer. As a public employer, a charter school may participate
1032	in the Florida Retirement System upon application and approval
1033	as a "covered group" under s. 121.021(34). If a charter school
1034	participates in the Florida Retirement System, the charter
1035	school employees shall be compulsory members of the Florida
1036	Retirement System. As either a private or a public employer, a
1037	charter school may contract for services with an individual or
1038	group of individuals who are organized as a partnership or a
1039	cooperative. Individuals or groups of individuals who contract
1040	their services to the charter school are not public employees.
1041	(13)  CHARTER SCHOOL COOPERATIVES.--Charter schools may
1042	enter into cooperative agreements to form charter school
1043	cooperative organizations that may provide the following
1044	services: charter school planning and development, direct
1045	instructional services, and contracts with charter school
1046	governing boards to provide personnel administrative services,
1047	payroll services, human resource management, evaluation and
1048	assessment services, teacher preparation, and professional
1049	development.
1050	(14)  CHARTER SCHOOL FINANCIAL ARRANGEMENTS;
1051	INDEMNIFICATION OF THE STATE AND SCHOOL DISTRICT; CREDIT OR
1052	TAXING POWER NOT TO BE PLEDGED.--Any arrangement entered into to
1053	borrow or otherwise secure funds for a charter school authorized
1054	in this section from a source other than the state or a school
1055	district shall indemnify the state and the school district from
1056	any and all liability, including, but not limited to, financial
1057	responsibility for the payment of the principal or interest. Any
1058	loans, bonds, or other financial agreements are not obligations
1059	of the state or the school district but are obligations of the
1060	charter school authority and are payable solely from the sources
1061	of funds pledged by such agreement. The credit or taxing power
1062	of the state or the school district shall not be pledged and no
1063	debts shall be payable out of any moneys except those of the
1064	legal entity in possession of a valid charter approved by a
1065	district school board pursuant to this section.
1066	(15)  CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER SCHOOLS-IN-
1067	A-MUNICIPALITY.--
1068	(a)  In order to increase business partnerships in
1069	education, to reduce school and classroom overcrowding
1070	throughout the state, and to offset the high costs for
1071	educational facilities construction, the Legislature intends to
1072	encourage the formation of business partnership schools or
1073	satellite learning centers and municipal-operated schools
1074	through charter school status.
1075	(b)  A charter school-in-the-workplace may be established
1076	when a business partner provides the school facility to be used;
1077	enrolls students based upon a random lottery that involves all
1078	of the children of employees of that business or corporation who
1079	are seeking enrollment, as provided for in subsection (10); and
1080	enrolls students according to the racial/ethnic balance
1081	provisions described in subparagraph (7)(a)8. Any portion of a
1082	facility used for a public charter school shall be exempt from
1083	ad valorem taxes, as provided for in s. 1013.54, for the
1084	duration of its use as a public school.
1085	(c)  A charter school-in-a-municipality designation may be
1086	granted to a municipality that possesses a charter; enrolls
1087	students based upon a random lottery that involves all of the
1088	children of the residents of that municipality who are seeking
1089	enrollment, as provided for in subsection (10); and enrolls
1090	students according to the racial/ethnic balance provisions
1091	described in subparagraph (7)(a)8. When a municipality has
1092	submitted charter applications for the establishment of a
1093	charter school feeder pattern, consisting of elementary, middle,
1094	and senior high schools, and each individual charter application
1095	is approved by the district school board, such schools shall
1096	then be designated as one charter school for all purposes listed
1097	pursuant to this section. Any portion of the land and facility
1098	used for a public charter school shall be exempt from ad valorem
1099	taxes, as provided for in s. 1013.54, for the duration of its
1100	use as a public school.
1101	(d)  As used in this subsection, the terms "business
1102	partner" or "municipality" may include more than one business or
1103	municipality to form a charter school-in-the-workplace or
1104	charter school-in-a-municipality.
1105	(16)  EXEMPTION FROM STATUTES.--
1106	(a)  A charter school shall operate in accordance with its
1107	charter and shall be exempt from all statutes in chapters 1000-
1108	1013. However, a charter school shall be in compliance with the
1109	following statutes in chapters 1000-1013:
1110	1.  Those statutes specifically applying to charter
1111	schools, including this section.
1112	2.  Those statutes pertaining to the student assessment
1113	program and school grading system.
1114	3.  Those statutes pertaining to the provision of services
1115	to students with disabilities.
1116	4.  Those statutes pertaining to civil rights, including s.
1117	1000.05, relating to discrimination.
1118	5.  Those statutes pertaining to student health, safety,
1119	and welfare.
1120	(b)  Additionally, a charter school shall be in compliance
1121	with the following statutes:
1122	1.  Section 286.011, relating to public meetings and
1123	records, public inspection, and criminal and civil penalties.
1124	2.  Chapter 119, relating to public records.
1125	(17)  FUNDING.--Students enrolled in a charter school,
1126	regardless of the sponsorship, shall be funded as if they are in
1127	a basic program or a special program, the same as students
1128	enrolled in other public schools in the school district. Funding
1129	for a charter lab school shall be as provided in s. 1002.32.
1130	(a)  Each charter school shall report its student
1131	enrollment to the district school board as required in s.
1132	1011.62, and in accordance with the definitions in s. 1011.61.
1133	The district school board shall include each charter school's
1134	enrollment in the district's report of student enrollment. All
1135	charter schools submitting student record information required
1136	by the Department of Education shall comply with the Department
1137	of Education's guidelines for electronic data formats for such
1138	data, and all districts shall accept electronic data that
1139	complies with the Department of Education's electronic format.
1140	(b)  The basis for the agreement for funding students
1141	enrolled in a charter school shall be the sum of the school
1142	district's operating funds from the Florida Education Finance
1143	Program as provided in s. 1011.62 and the General Appropriations
1144	Act, including gross state and local funds, discretionary
1145	lottery funds, and funds from the school district's current
1146	operating discretionary millage levy; divided by total funded
1147	weighted full-time equivalent students in the school district;
1148	multiplied by the weighted full-time equivalent students for the
1149	charter school. Charter schools whose students or programs meet
1150	the eligibility criteria in law shall be entitled to their
1151	proportionate share of categorical program funds included in the
1152	total funds available in the Florida Education Finance Program
1153	by the Legislature, including transportation. Total funding for
1154	each charter school shall be recalculated during the year to
1155	reflect the revised calculations under the Florida Education
1156	Finance Program by the state and the actual weighted full-time
1157	equivalent students reported by the charter school during the
1158	full-time equivalent student survey periods designated by the
1159	Commissioner of Education.
1160	(c)  If the district school board is providing programs or
1161	services to students funded by federal funds, any eligible
1162	students enrolled in charter schools in the school district
1163	shall be provided federal funds for the same level of service
1164	provided students in the schools operated by the district school
1165	board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all
1166	charter schools shall receive all federal funding for which the
1167	school is otherwise eligible, including Title I funding, not
1168	later than 5 months after the charter school first opens and
1169	within 5 months after any subsequent expansion of enrollment.
1170	(d)  District school boards shall make every effort to
1171	ensure that charter schools receive timely and efficient payment
1172	and reimbursement to charter schools, including processing
1173	paperwork required to access special state and federal funding
1174	for which they may be eligible. The district school board may
1175	distribute funds to a charter school for up to 3 months based on
1176	the projected full-time equivalent student membership of the
1177	charter school. Thereafter, the results of full-time equivalent
1178	student membership surveys shall be used in adjusting the amount
1179	of funds distributed monthly to the charter school for the
1180	remainder of the fiscal year. The payment shall be issued no
1181	later than 10 working days after the district school board
1182	receives a distribution of state or federal funds. If a warrant
1183	for payment is not issued within 10 30 working days after
1184	receipt of funding by the district school board, the school
1185	district shall pay to the charter school, in addition to the
1186	amount of the scheduled disbursement, interest at a rate of 1
1187	percent per month calculated on a daily basis on the unpaid
1188	balance from the expiration of the 10 working days 30-day period
1189	until such time as the warrant is issued.
1190	(18)  FACILITIES.--
1191	(a)  A startup charter school shall utilize facilities
1192	which comply with the Florida Building Code pursuant to chapter
1193	553 except for the State Requirements for Educational
1194	Facilities. Conversion charter schools shall utilize facilities
1195	that comply with the State Requirements for Educational
1196	Facilities provided that the school district and the charter
1197	school have entered into a mutual management plan for the
1198	reasonable maintenance of such facilities. The mutual management
1199	plan shall contain a provision by which the district school
1200	board agrees to maintain charter school facilities in the same
1201	manner as its other public schools within the district. Charter
1202	schools, with the exception of conversion charter schools, are
1203	not required to comply, but may choose to comply, with the State
1204	Requirements for Educational Facilities of the Florida Building
1205	Code adopted pursuant to s. 1013.37. The local governing
1206	authority shall not adopt or impose local building requirements
1207	or restrictions that are more stringent than those found in the
1208	Florida Building Code. The agency having jurisdiction for
1209	inspection of a facility and issuance of a certificate of
1210	occupancy shall be the local municipality or, if in an
1211	unincorporated area, the county governing authority.
1212	(b)  A charter school shall utilize facilities that comply
1213	with the Florida Fire Prevention Code, pursuant to s. 633.025,
1214	as adopted by the authority in whose jurisdiction the facility
1215	is located as provided in paragraph (a).
1216	(c)  Any facility, or portion thereof, used to house a
1217	charter school whose charter has been approved by the sponsor
1218	and the governing board, pursuant to subsection (7), shall be
1219	exempt from ad valorem taxes pursuant to s. 196.1983. Library,
1220	community service, museum, performing arts, theatre, cinema,
1221	church, community college, college, and university facilities
1222	may provide space to charter schools within their facilities
1223	under their preexisting zoning and land use designations.
1224	(d)  Charter school facilities are exempt from assessments
1225	of fees for building permits, except as provided in s. 553.80,
1226	fees and for building and occupational licenses, and from
1227	assessments of impact fees or service availability fees.
1228	(e)  If a district school board facility or property is
1229	available because it is surplus, marked for disposal, or
1230	otherwise unused, it shall be provided for a charter school's
1231	use on the same basis as it is made available to other public
1232	schools in the district. A charter school receiving property
1233	from the school district may not sell or dispose of such
1234	property without written permission of the school district.
1235	Similarly, for an existing public school converting to charter
1236	status, no rental or leasing fee for the existing facility or
1237	for the property normally inventoried to the conversion school
1238	may be charged by the district school board to the parents and
1239	teachers organizing the charter school. The charter school
1240	organizers shall agree to reasonable maintenance provisions in
1241	order to maintain the facility in a manner similar to district
1242	school board standards. The Public Education Capital Outlay
1243	maintenance funds or any other maintenance funds generated by
1244	the facility operated as a conversion school shall remain with
1245	the conversion school.
1246	(f)  To the extent that charter school facilities are
1247	specifically created to mitigate the educational impact created
1248	by the development of new residential dwelling units, pursuant
1249	to subparagraph (2)(c)4., some of or all of the educational
1250	impact fees required to be paid in connection with the new
1251	residential dwelling units may be designated instead for the
1252	construction of the charter school facilities that will mitigate
1253	the student station impact. Such facilities shall be built to
1254	the State Requirements for Educational Facilities and shall be
1255	owned by a public or nonprofit entity. The local school district
1256	retains the right to monitor and inspect such facilities to
1257	ensure compliance with the State Requirements for Educational
1258	Facilities. If a facility ceases to be used for public
1259	educational purposes, either the facility shall revert to the
1260	school district subject to any debt owed on the facility, or the
1261	owner of the facility shall have the option to refund all
1262	educational impact fees utilized for the facility to the school
1263	district. The district and the owner of the facility may
1264	contractually agree to another arrangement for the facilities if
1265	the facilities cease to be used for educational purposes. The
1266	owner of property planned or approved for new residential
1267	dwelling units and the entity levying educational impact fees
1268	shall enter into an agreement that designates the educational
1269	impact fees that will be allocated for the charter school
1270	student stations and that ensures the timely construction of the
1271	charter school student stations concurrent with the expected
1272	occupancy of the residential units. The application for use of
1273	educational impact fees shall include an approved charter school
1274	application. To assist the school district in forecasting
1275	student station needs, the entity levying the impact fees shall
1276	notify the affected district of any agreements it has approved
1277	for the purpose of mitigating student station impact from the
1278	new residential dwelling units.
1279	(g)  Each school district shall annually provide to the
1280	Department of Education as part of its 5-year work plan the
1281	number of existing vacant classrooms in each school that the
1282	district does not intend to use or does not project will be
1283	needed for educational purposes for the following school year.
1284	The department may recommend that a district make such space
1285	available to an appropriate charter school.
1286	(19)  CAPITAL OUTLAY FUNDING.--Charter schools are eligible
1287	for capital outlay funds pursuant to s. 1013.62.
1288	(20)  SERVICES.--
1289	(a)  A sponsor shall provide certain administrative and
1290	educational services to charter schools. These services shall
1291	include contract management services; full-time equivalent and
1292	data reporting services; exceptional student education
1293	administration services; services related to eligibility and
1294	reporting duties required to ensure that school lunch services
1295	under the federal lunch program, consistent with the needs of
1296	the charter school, are provided by the school district at the
1297	request of the charter school; test administration services,
1298	including payment of the costs of state-required or district-
1299	required student assessments; processing of teacher certificate
1300	data services; and information services, including equal access
1301	to student information systems that are used by public schools
1302	in the district in which the charter school is located. Student
1303	performance data for each student in a charter school,
1304	including, but not limited to, FCAT scores, standardized test
1305	scores, previous public school student report cards, and student
1306	performance measures, shall be provided by the sponsor to a
1307	charter school in the same manner provided to other public
1308	schools in the district. A total administrative fee for the
1309	provision of such services shall be calculated based upon up to
1310	5 percent of the available funds defined in paragraph (17)(b)
1311	for all students. However, a sponsor may only withhold up to a
1312	5-percent administrative fee for enrollment for up to and
1313	including 500 students. For charter schools with a population of
1314	501 or more students, the difference between the total
1315	administrative fee calculation and the amount of the
1316	administrative fee withheld may only be used for capital outlay
1317	purposes specified in s. 1013.62(2). Sponsors shall not charge
1318	charter schools any additional fees or surcharges for
1319	administrative and educational services in addition to the
1320	maximum 5-percent administrative fee withheld pursuant to this
1321	paragraph.
1322	(b)  If goods and services are made available to the
1323	charter school through the contract with the school district,
1324	they shall be provided to the charter school at a rate no
1325	greater than the district's actual cost unless mutually agreed
1326	upon by the charter school and the sponsor in a contract
1327	negotiated separately from the charter. When mediation has
1328	failed to resolve disputes over contracted services or
1329	contractual matters not included in the charter, an appeal may
1330	be made for a dispute resolution hearing before the Charter
1331	School Appeal Commission. To maximize the use of state funds,
1332	school districts shall allow charter schools to participate in
1333	the sponsor's bulk purchasing program if applicable.
1334	(c)  Transportation of charter school students shall be
1335	provided by the charter school consistent with the requirements
1336	of subpart I.E. of chapter 1006 and s. 1012.45. The governing
1337	body of the charter school may provide transportation through an
1338	agreement or contract with the district school board, a private
1339	provider, or parents. The charter school and the sponsor shall
1340	cooperate in making arrangements that ensure that transportation
1341	is not a barrier to equal access for all students residing
1342	within a reasonable distance of the charter school as determined
1343	in its charter.
1344	(21)  PUBLIC INFORMATION ON CHARTER SCHOOLS.--The
1345	Department of Education shall provide information to the public,
1346	directly and through sponsors, both on how to form and operate a
1347	charter school and on how to enroll in charter schools once they
1348	are created. This information shall include a standard
1349	application format, charter format, and charter renewal format
1350	which shall include the information specified in subsection (7)
1351	and shall be developed by consulting and negotiating with both
1352	school districts and charter schools before implementation.
1353	These formats shall This application format may be used as
1354	guidelines by charter school sponsors chartering entities.
1355	(22)  CHARTER SCHOOL REVIEW PANEL AND LEGISLATIVE REVIEW.--
1356	(a)  The Department of Education shall staff and regularly
1357	convene a Charter School Review Panel in order to review issues,
1358	practices, and policies regarding charter schools. The
1359	composition of the review panel shall include individuals with
1360	experience in finance, administration, law, education, and
1361	school governance, and individuals familiar with charter school
1362	construction and operation. The panel shall include two
1363	appointees each from the Commissioner of Education, the
1364	President of the Senate, and the Speaker of the House of
1365	Representatives. The Governor shall appoint three members of the
1366	panel and shall designate the chair. Each member of the panel
1367	shall serve a 1-year term, unless renewed by the office making
1368	the appointment. The panel shall make recommendations to the
1369	Legislature, to the Department of Education, to charter schools,
1370	and to school districts for improving charter school operations
1371	and oversight and for ensuring best business practices at and
1372	fair business relationships with charter schools.
1373	(b)  The Legislature shall review the operation of charter
1374	schools during the 2010 2005 Regular Session of the Legislature.
1375	(23)  ANALYSIS OF CHARTER SCHOOL PERFORMANCE.--Upon receipt
1376	of the annual report required by paragraph (9)(l), the
1377	Department of Education shall provide to the State Board of
1378	Education, the Commissioner of Education, the Governor, the
1379	President of the Senate, and the Speaker of the House of
1380	Representatives an analysis and comparison of the overall
1381	performance of charter school students, to include all students
1382	whose scores are counted as part of the statewide assessment
1383	program, versus comparable public school students in the
1384	district as determined by the statewide assessment program
1385	currently administered in the school district, and other
1386	assessments administered pursuant to s. 1008.22(3).
1387	(24)  RULEMAKING.--The Department of Education, after
1388	consultation with school districts and charter school directors,
1389	shall recommend that the State Board of Education adopt rules to
1390	implement specific subsections of this section. Such rules shall
1391	require minimum paperwork and shall not limit charter school
1392	flexibility authorized by statute.
1393	Section 2.  Subsection (5) of section 218.39, Florida
1394	Statutes, is amended to read:
1395	218.39  Annual financial audit reports.--
1396	(5)  At the conclusion of the audit, the auditor shall
1397	discuss with the chair of each local governmental entity or the
1398	chair's designee, or with the elected official of each county
1399	agency or with the elected official's designee, or with the
1400	chair of the district school board or the chair's designee, or
1401	with the chair of the board of the charter school or the chair's
1402	designee, or with the chair of the charter technical career
1403	center or the chair's designee, as appropriate, all of the
1404	auditor's comments that will be included in the audit report. If
1405	the officer is not available to discuss the auditor's comments,
1406	their discussion is presumed when the comments are delivered in
1407	writing to his or her office. The auditor shall notify each
1408	member of the governing body of a local governmental entity, or
1409	district school board, or charter school for which deteriorating
1410	financial conditions exist that may cause a condition described
1411	in s. 218.503(1) to occur if actions are not taken to address
1412	such conditions.
1413	Section 3.  Section 218.50, Florida Statutes, is amended to
1414	read:
1415	218.50  Short title.--Sections 218.50-218.504 may be cited
1416	as the "Local Governmental Entity, Charter School, and District
1417	School Board Financial Emergencies Act."
1418	Section 4.  Section 218.501, Florida Statutes, is amended
1419	to read:
1420	218.501  Purposes.--The purposes of ss. 218.50-218.504 are:
1421	(1)  To promote the fiscal responsibility of local
1422	governmental entities, charter schools, and district school
1423	boards.
1424	(2)  To assist local governmental entities, charter
1425	schools, and district school boards in providing essential
1426	services without interruption and in meeting their financial
1427	obligations.
1428	(3)  To assist local governmental entities, charter
1429	schools, and district school boards through the improvement of
1430	local financial management procedures.
1431	Section 5.  Subsections (1) and (2) of section 218.503,
1432	Florida Statutes, are amended, a new subsection (4) is added,
1433	and subsections (4) and (5) of that section are renumbered as
1434	subsections (5) and (6), respectively, to read:
1435	218.503  Determination of financial emergency.--
1436	(1)  Local governmental entities, charter schools, and
1437	district school boards shall be subject to review and oversight
1438	by the Governor, charter school sponsor, or the Commissioner of
1439	Education, as appropriate, when any one of the following
1440	conditions occurs:
1441	(a)  Failure within the same fiscal year in which due to
1442	pay short-term loans or failure to make bond debt service or
1443	other long-term debt payments when due, as a result of a lack of
1444	funds.
1445	(b)  Failure to pay uncontested claims from creditors
1446	within 90 days after the claim is presented, as a result of a
1447	lack of funds.
1448	(c)  Failure to transfer at the appropriate time, due to
1449	lack of funds:
1450	1.  Taxes withheld on the income of employees; or
1451	2.  Employer and employee contributions for:
1452	a.  Federal social security; or
1453	b.  Any pension, retirement, or benefit plan of an
1454	employee.
1455	(d)  Failure for one pay period to pay, due to lack of
1456	funds:
1457	1.  Wages and salaries owed to employees; or
1458	2.  Retirement benefits owed to former employees.
1459	(e)  An unreserved or total fund balance or retained
1460	earnings deficit, or unrestricted or total net assets deficit,
1461	as reported on the balance sheet or statement of net assets on
1462	the general purpose or fund financial statements, for which
1463	sufficient resources of the local governmental entity, as
1464	reported on the balance sheet or statement of net assets on the
1465	general purpose or fund financial statements, are not available
1466	to cover the deficit. Resources available to cover reported
1467	deficits include net assets that are not otherwise restricted by
1468	federal, state, or local laws, bond covenants, contractual
1469	agreements, or other legal constraints. Fixed or capital assets,
1470	the disposal of which would impair the ability of a local
1471	governmental entity to carry out its functions, are not
1472	considered resources available to cover reported deficits.
1473	(2)  A local governmental entity shall notify the Governor
1474	and the Legislative Auditing Committee, a charter school shall
1475	notify the charter school sponsor and the Legislative Auditing
1476	Committee, and a district school board shall notify the
1477	Commissioner of Education and the Legislative Auditing
1478	Committee, when one or more of the conditions specified in
1479	subsection (1) have occurred or will occur if action is not
1480	taken to assist the local governmental entity, charter school,
1481	or district school board. In addition, any state agency must,
1482	within 30 days after a determination that one or more of the
1483	conditions specified in subsection (1) have occurred or will
1484	occur if action is not taken to assist the local governmental
1485	entity, charter school, or district school board, notify the
1486	Governor, charter school sponsor, or the Commissioner of
1487	Education, as appropriate, and the Legislative Auditing
1488	Committee.
1489	(4)  Upon notification that one or more of the conditions
1490	in subsection (1) exist, the charter school sponsor or the
1491	sponsor's designee shall contact the charter school governing
1492	body to determine what actions have been taken by the charter
1493	school governing body to resolve the condition. The charter
1494	school sponsor has the authority to require and approve a
1495	financial recovery plan, to be prepared by the charter school
1496	governing body, prescribing actions that will cause the charter
1497	school to no longer be subject to this section. The Department
1498	of Education shall establish guidelines for developing such
1499	plans.
1500	Section 6.  Subsection (1) of section 218.504, Florida
1501	Statutes, is amended to read:
1502	218.504  Cessation of state action.--The Governor or the
1503	Commissioner of Education, as appropriate, has the authority to
1504	terminate all state actions pursuant to ss. 218.50-218.504.
1505	Cessation of state action must not occur until the Governor or
1506	the Commissioner of Education, as appropriate, has determined
1507	that:
1508	(1)  The local governmental entity, charter school, or
1509	district school board:
1510	(a)  Has established and is operating an effective
1511	financial accounting and reporting system.
1512	(b)  Has resolved the conditions outlined in s. 218.503(1).
1513	Section 7.  Paragraph (e) of subsection (7) and subsection
1514	(8) of section 11.45, Florida Statutes, are amended to read:
1515	11.45  Definitions; duties; authorities; reports; rules.--
1516	(7)  AUDITOR GENERAL REPORTING REQUIREMENTS.--
1517	(e)  The Auditor General shall notify the Governor or the
1518	Commissioner of Education, as appropriate, and the Legislative
1519	Auditing Committee of any audit report reviewed by the Auditor
1520	General pursuant to paragraph (b) which contains a statement
1521	that a local governmental entity, charter school, or district
1522	school board has met one or more of the conditions specified in
1523	s. 218.503. If the Auditor General requests a clarification
1524	regarding information included in an audit report to determine
1525	whether a local governmental entity, charter school, or district
1526	school board has met one or more of the conditions specified in
1527	s. 218.503, the requested clarification must be provided within
1528	45 days after the date of the request. If the local governmental
1529	entity, charter school, or district school board does not comply
1530	with the Auditor General's request, the Auditor General shall
1531	notify the Legislative Auditing Committee. If, after obtaining
1532	the requested clarification, the Auditor General determines that
1533	the local governmental entity, charter school, or district
1534	school board has met one or more of the conditions specified in
1535	s. 218.503, he or she shall notify the Governor or the
1536	Commissioner of Education, as appropriate, and the Legislative
1537	Auditing Committee.
1538	(8)  RULES OF THE AUDITOR GENERAL.--The Auditor General, in
1539	consultation with the Board of Accountancy, shall adopt rules
1540	for the form and conduct of all financial audits performed by
1541	independent certified public accountants pursuant to ss.
1542	215.981, 218.39, 1001.453, 1004.28, and 1004.70. The rules for
1543	audits of local governmental entities, charter schools, and
1544	district school boards must include, but are not limited to,
1545	requirements for the reporting of information necessary to carry
1546	out the purposes of the Local Governmental Entity, Charter
1547	School, and District School Board Financial Emergencies Act as
1548	stated in s. 218.501.
1549	Section 8.  Subsection (3) of section 1003.05, Florida
1550	Statutes, is amended to read:
1551	1003.05  Assistance to transitioning students from military
1552	families.--
1553	(3)  Dependent children of active duty military personnel
1554	who otherwise meet the eligibility criteria for special academic
1555	programs offered through public schools shall be given first
1556	preference for admission to such programs even if the program is
1557	being offered through a public school other than the school to
1558	which the student would generally be assigned and the school at
1559	which the program is being offered has reached its maximum
1560	enrollment. If such a program is offered through a public school
1561	other than the school to which the student would generally be
1562	assigned, the parent or guardian of the student must assume
1563	responsibility for transporting the student to that school. For
1564	purposes of this subsection, special academic programs include
1565	charter schools, magnet schools, advanced studies programs,
1566	advanced placement, dual enrollment, and International
1567	Baccalaureate.
1568	Section 9.  Subsection (2) of section 1011.71, Florida
1569	Statutes, is amended to read:
1570	1011.71  District school tax.--
1571	(2)  In addition to the maximum millage levy as provided in
1572	subsection (1), each school board may levy not more than 2 mills
1573	against the taxable value for school purposes for district
1574	schools, including charter schools at the discretion of the
1575	school board, to fund:
1576	(a)  New construction and remodeling projects, as set forth
1577	in s. 1013.64(3)(b) and (6)(b) and included in the district's
1578	educational plant survey pursuant to s. 1013.31, without regard
1579	to prioritization, sites and site improvement or expansion to
1580	new sites, existing sites, auxiliary facilities, athletic
1581	facilities, or ancillary facilities.
1582	(b)  Maintenance, renovation, and repair of existing school
1583	plants or of leased facilities to correct deficiencies pursuant
1584	to s. 1013.15(2).
1585	(c)  The purchase, lease-purchase, or lease of school
1586	buses; drivers' education vehicles; motor vehicles used for the
1587	maintenance or operation of plants and equipment; security
1588	vehicles; or vehicles used in storing or distributing materials
1589	and equipment.
1590	(d)  The purchase, lease-purchase, or lease of new and
1591	replacement equipment.
1592	(e)  Payments for educational facilities and sites due
1593	under a lease-purchase agreement entered into by a district
1594	school board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not
1595	exceeding, in the aggregate, an amount equal to three-fourths of
1596	the proceeds from the millage levied by a district school board
1597	pursuant to this subsection.
1598	(f)  Payment of loans approved pursuant to ss. 1011.14 and
1599	1011.15.
1600	(g)  Payment of costs directly related to complying with
1601	state and federal environmental statutes, rules, and regulations
1602	governing school facilities.
1603	(h)  Payment of costs of leasing relocatable educational
1604	facilities, of renting or leasing educational facilities and
1605	sites pursuant to s. 1013.15(2), or of renting or leasing
1606	buildings or space within existing buildings pursuant to s.
1607	1013.15(4).
1608	(i)  Payment of the cost of school buses when a school
1609	district contracts with a private entity to provide student
1610	transportation services if the district meets the requirements
1611	of this paragraph.
1612	1.  The district's contract must require that the private
1613	entity purchase, lease-purchase, or lease, and operate and
1614	maintain, one or more school buses of a specific type and size
1615	that meet the requirements of s. 1006.25.
1616	2.  Each such school bus must be used for the daily
1617	transportation of public school students in the manner required
1618	by the school district.
1619	3.  Annual payment for each such school bus may not exceed
1620	10 percent of the purchase price of the state pool bid.
1621	4.  The proposed expenditure of the funds for this purpose
1622	must have been included in the district school board's notice of
1623	proposed tax for school capital outlay as provided in s.
1624	200.065(9).
1625
1626	Violations of these expenditure provisions shall result in an
1627	equal dollar reduction in the Florida Education Finance Program
1628	(FEFP) funds for the violating district in the fiscal year
1629	following the audit citation.
1630	Section 10.  This act shall take effect July 1, 2006.

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