HB 1203

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
12	Be It Enacted by the Legislature of the State of Florida:
13
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
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
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.

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