1 | A bill to be entitled |
2 | An act relating to charter schools capital outlay funding; |
3 | amending s. 1013.62, F.S.; providing eligibility for |
4 | funding to a charter school operated by the operator of |
5 | one or more charter schools that meet certain |
6 | requirements; providing additional uses for charter school |
7 | capital outlay funds; amending s. 199.133, F.S.; providing |
8 | for the distribution of an amount of nonrecurring taxes to |
9 | the Charter Schools Capital Outlay Trust Fund; providing |
10 | an effective date. |
11 |
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12 | Be It Enacted by the Legislature of the State of Florida: |
13 |
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14 | Section 1. Subsections (1) and (2) of section 1013.62, |
15 | Florida Statutes, are amended to read: |
16 | 1013.62 Charter schools capital outlay funding.-- |
17 | (1) In each year in which funds are appropriated for |
18 | charter school capital outlay purposes, the Commissioner of |
19 | Education shall allocate the funds among eligible charter |
20 | schools. To be eligible for a funding allocation, a charter |
21 | school must: |
22 | (a)1. Have been in operation for 3 or more years; |
23 | 2. Be an expanded feeder chain of a charter school within |
24 | the same school district that is currently receiving charter |
25 | school capital outlay funds; or |
26 | 3. Have been accredited by the Commission on Schools of |
27 | the Southern Association of Colleges and Schools; or. |
28 | 4. Be a charter school operated by an existing charter |
29 | school operator of one or more charter schools that are |
30 | currently receiving charter school capital outlay funds, 50 |
31 | percent or more of which charter schools received a school grade |
32 | designation of "A" or "B" pursuant to s. 1008.34 during the |
33 | previous school year. |
34 | (b) Have financial stability for future operation as a |
35 | charter school. |
36 | (c) Have satisfactory student achievement based on state |
37 | accountability standards applicable to the charter school. |
38 | (d) Have received final approval from its sponsor pursuant |
39 | to s. 1002.33 for operation during that fiscal year. |
40 | (e) Serve students in facilities that are not provided by |
41 | the charter school's sponsor. |
42 |
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43 | The first priority for charter school capital outlay funding |
44 | shall be to allocate to the charter schools that received |
45 | funding in the 2005-2006 fiscal year an allocation of the same |
46 | amount per capital outlay full-time equivalent student up to the |
47 | lesser of the actual number of capital outlay full-time |
48 | equivalent students in the current year or the capital outlay |
49 | full-time equivalent students in the 2005-2006 fiscal year. |
50 | After calculating the first priority, the second priority shall |
51 | be to allocate excess funds remaining in the appropriation in an |
52 | amount equal to the per capital outlay full-time equivalent |
53 | student amount in the first priority calculation to eligible |
54 | charter schools not included in the first priority calculation |
55 | and to schools in the first priority calculation with growth in |
56 | excess of the 2005-2006 capital outlay full-time equivalent |
57 | students. After calculating the first and second priorities, |
58 | excess funds remaining in the appropriation shall be allocated |
59 | to all eligible charter schools. A charter school's allocation |
60 | shall not exceed one-fifteenth of the cost per student station |
61 | specified in s. 1013.64(6)(b). Prior to the release of capital |
62 | outlay funds to a school district on behalf of the charter |
63 | school, the Department of Education shall ensure that the |
64 | district school board and the charter school governing board |
65 | enter into a written agreement that includes provisions for the |
66 | reversion of any unencumbered funds and all equipment and |
67 | property purchased with public education funds to the ownership |
68 | of the district school board, as provided for in subsection (3), |
69 | in the event that the school terminates operations. Any funds |
70 | recovered by the state shall be deposited in the General Revenue |
71 | Fund. A charter school is not eligible for a funding allocation |
72 | if it was created by the conversion of a public school and |
73 | operates in facilities provided by the charter school's sponsor |
74 | for a nominal fee or at no charge or if it is directly or |
75 | indirectly operated by the school district. Unless otherwise |
76 | provided in the General Appropriations Act, the funding |
77 | allocation for each eligible charter school shall be determined |
78 | by multiplying the school's projected student enrollment by one- |
79 | fifteenth of the cost-per-student station specified in s. |
80 | 1013.64(6)(b) for an elementary, middle, or high school, as |
81 | appropriate. If the funds appropriated are not sufficient, the |
82 | commissioner shall prorate the available funds among eligible |
83 | charter schools. However, no charter school or charter lab |
84 | school shall receive state charter school capital outlay funds |
85 | in excess of the one-fifteenth cost per student station formula |
86 | if the charter school's combination of state charter school |
87 | capital outlay funds, capital outlay funds calculated through |
88 | the reduction in the administrative fee provided in s. |
89 | 1002.33(20), and capital outlay funds allowed in s. |
90 | 1002.32(9)(e) and (h) exceeds the one-fifteenth cost per student |
91 | station formula. Funds shall be distributed on the basis of the |
92 | capital outlay full-time equivalent membership by grade level, |
93 | which shall be calculated by averaging the results of the second |
94 | and third enrollment surveys. The Department of Education shall |
95 | distribute capital outlay funds monthly, beginning in the first |
96 | quarter of the fiscal year, based on one-twelfth of the amount |
97 | the department reasonably expects the charter school to receive |
98 | during that fiscal year. The commissioner shall adjust |
99 | subsequent distributions as necessary to reflect each charter |
100 | school's actual student enrollment as reflected in the second |
101 | and third enrollment surveys. The commissioner shall establish |
102 | the intervals and procedures for determining the projected and |
103 | actual student enrollment of eligible charter schools. |
104 | (2) A charter school's governing body may use charter |
105 | school capital outlay funds for the following purposes: |
106 | (a) Purchase of real property. |
107 | (b) Construction of school facilities. |
108 | (c) Purchase, lease-purchase, or lease of permanent or |
109 | relocatable school facilities. |
110 | (d) Purchase of vehicles to transport students to and from |
111 | the charter school. |
112 | (e) Renovation, repair, and maintenance of school |
113 | facilities that the charter school owns or is purchasing through |
114 | a lease-purchase or long-term lease of 5 years or longer. |
115 | (f) Furnishing and equipping the charter school. |
116 |
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117 | Conversion charter schools may use capital outlay funds received |
118 | through the reduction in the administrative fee provided in s. |
119 | 1002.33(20) for construction, renovation, repair, and |
120 | maintenance of school facilities that are owned by the sponsor. |
121 | Section 2. Subsection (1) of section 199.133, Florida |
122 | Statutes, is amended to read: |
123 | 199.133 Levy of nonrecurring tax.-- |
124 | (1) A one-time nonrecurring tax of 2 mills is hereby |
125 | imposed on each dollar of the just valuation of all notes, |
126 | bonds, and other obligations for payment of money which are |
127 | secured by mortgage, deed of trust, or other lien upon real |
128 | property situated in this state. This tax shall be assessed and |
129 | collected as provided by this chapter. Of the amount collected, |
130 | an amount equal to 0.75 mills shall be distributed to the |
131 | Charter Schools Capital Outlay Trust Fund created under s. |
132 | 1013.625. |
133 | Section 3. This act shall take effect July 1, 2007. |