CS/HB 1569

1	A bill to be entitled
2	An act relating to education; amending s. 121.091, F.S.;
3	increasing the period of time during which certain charter
4	school instructional personnel may participate in the
5	Florida Retirement System Deferred Retirement Option
6	Program; extending such participation to certain school
7	district prekindergarten instructional personnel; amending
8	s. 1002.33, F.S., relating to charter schools; providing
9	duty of a sponsor with respect to audits of a charter
10	school; updating terminology; revising provisions relating
11	to charter school renewal terms; requiring the governing
12	body to participate in certain governance training;
13	clarifying charter school facility fee exemptions;
14	providing a declaration of important state interest;
15	providing for retroactive application; providing an
16	effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  Paragraphs (a) and (b) of subsection (13) of
21	section 121.091, Florida Statutes, are amended to read:
22	121.091  Benefits payable under the system.--Benefits may
23	not be paid under this section unless the member has terminated
24	employment as provided in s. 121.021(39)(a) or begun
25	participation in the Deferred Retirement Option Program as
26	provided in subsection (13), and a proper application has been
27	filed in the manner prescribed by the department. The department
28	may cancel an application for retirement benefits when the
29	member or beneficiary fails to timely provide the information
30	and documents required by this chapter and the department's
31	rules. The department shall adopt rules establishing procedures
32	for application for retirement benefits and for the cancellation
33	of such application when the required information or documents
34	are not received.
35	(13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general, and
36	subject to the provisions of this section, the Deferred
37	Retirement Option Program, hereinafter referred to as the DROP,
38	is a program under which an eligible member of the Florida
39	Retirement System may elect to participate, deferring receipt of
40	retirement benefits while continuing employment with his or her
41	Florida Retirement System employer. The deferred monthly
42	benefits shall accrue in the System Trust Fund on behalf of the
43	participant, plus interest compounded monthly, for the specified
44	period of the DROP participation, as provided in paragraph (c).
45	Upon termination of employment, the participant shall receive
46	the total DROP benefits and begin to receive the previously
47	determined normal retirement benefits. Participation in the DROP
48	does not guarantee employment for the specified period of DROP.
49	Participation in the DROP by an eligible member beyond the
50	initial 60-month period as authorized in this subsection shall
51	be on an annual contractual basis for all participants.
52	(a)  Eligibility of member to participate in the DROP.--All
53	active Florida Retirement System members in a regularly
54	established position, and all active members of either the
55	Teachers' Retirement System established in chapter 238 or the
56	State and County Officers' and Employees' Retirement System
57	established in chapter 122 which systems are consolidated within
58	the Florida Retirement System under s. 121.011, are eligible to
59	elect participation in the DROP provided that:
60	1.  The member is not a renewed member of the Florida
61	Retirement System under s. 121.122, or a member of the State
62	Community College System Optional Retirement Program under s.
63	121.051, the Senior Management Service Optional Annuity Program
64	under s. 121.055, or the optional retirement program for the
65	State University System under s. 121.35.
66	2.  Except as provided in subparagraph 6., election to
67	participate is made within 12 months immediately following the
68	date on which the member first reaches normal retirement date,
69	or, for a member who reaches normal retirement date based on
70	service before he or she reaches age 62, or age 55 for Special
71	Risk Class members, election to participate may be deferred to
72	the 12 months immediately following the date the member attains
73	57, or age 52 for Special Risk Class members. For a member who
74	first reached normal retirement date or the deferred eligibility
75	date described above prior to the effective date of this
76	section, election to participate shall be made within 12 months
77	after the effective date of this section. A member who fails to
78	make an election within such 12-month limitation period shall
79	forfeit all rights to participate in the DROP. The member shall
80	advise his or her employer and the division in writing of the
81	date on which the DROP shall begin. Such beginning date may be
82	subsequent to the 12-month election period, but must be within
83	the 60-month or, with respect to members who are instructional
84	personnel employed by the Florida School for the Deaf and the
85	Blind and who have received authorization by the Board of
86	Trustees of the Florida School for the Deaf and the Blind to
87	participate in the DROP beyond 60 months, who are charter school
88	instructional personnel with students who are funded through the
89	Florida Education Finance Program and who have received
90	authorization from the governing board of the charter school to
91	participate in the DROP beyond 60 months, or who are
92	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
93	grades K-12 or prekindergarten classroom teachers with students
94	who are funded through the Florida Education Finance Program and
95	who have received authorization by the district school
96	superintendent to participate in the DROP beyond 60 months, the
97	96-month limitation period as provided in subparagraph (b)1.
98	When establishing eligibility of the member to participate in
99	the DROP for the 60-month or, with respect to members who are
100	instructional personnel employed by the Florida School for the
101	Deaf and the Blind and who have received authorization by the
102	Board of Trustees of the Florida School for the Deaf and the
103	Blind to participate in the DROP beyond 60 months, who are
104	charter school instructional personnel with students who are
105	funded through the Florida Education Finance Program and who
106	have received authorization from the governing board of the
107	charter school to participate in the DROP beyond 60 months, or
108	who are instructional personnel as defined in s. 1012.01(2)(a)-
109	(d) in grades K-12 or prekindergarten classroom teachers with
110	students who are funded through the Florida Education Finance
111	Program and who have received authorization by the district
112	school superintendent to participate in the DROP beyond 60
113	months, the 96-month maximum participation period, the member
114	may elect to include or exclude any optional service credit
115	purchased by the member from the total service used to establish
116	the normal retirement date. A member with dual normal retirement
117	dates shall be eligible to elect to participate in DROP within
118	12 months after attaining normal retirement date in either
119	class.
120	3.  The employer of a member electing to participate in the
121	DROP, or employers if dually employed, shall acknowledge in
122	writing to the division the date the member's participation in
123	the DROP begins and the date the member's employment and DROP
124	participation will terminate.
125	4.  Simultaneous employment of a participant by additional
126	Florida Retirement System employers subsequent to the
127	commencement of participation in the DROP shall be permissible
128	provided such employers acknowledge in writing a DROP
129	termination date no later than the participant's existing
130	termination date or the 60-month limitation period as provided
131	in subparagraph (b)1.
132	5.  A DROP participant may change employers while
133	participating in the DROP, subject to the following:
134	a.  A change of employment must take place without a break
135	in service so that the member receives salary for each month of
136	continuous DROP participation. If a member receives no salary
137	during a month, DROP participation shall cease unless the
138	employer verifies a continuation of the employment relationship
139	for such participant pursuant to s. 121.021(39)(b).
140	b.  Such participant and new employer shall notify the
141	division on forms required by the division as to the identity of
142	the new employer.
143	c.  The new employer shall acknowledge, in writing, the
144	participant's DROP termination date, which may be extended but
145	not beyond the original 60-month or, with respect to members who
146	are instructional personnel employed by the Florida School for
147	the Deaf and the Blind and who have received authorization by
148	the Board of Trustees of the Florida School for the Deaf and the
149	Blind to participate in the DROP beyond 60 months, who are
150	charter school instructional personnel with students who are
151	funded through the Florida Education Finance Program and who
152	have received authorization from the governing board of the
153	charter school to participate in the DROP beyond 60 months, or
154	who are instructional personnel as defined in s. 1012.01(2)(a)-
155	(d) in grades K-12 or prekindergarten classroom teachers with
156	students who are funded through the Florida Education Finance
157	Program and who have received authorization by the district
158	school superintendent to participate in the DROP beyond 60
159	months, the 96-month period provided in subparagraph (b)1.,
160	shall acknowledge liability for any additional retirement
161	contributions and interest required if the participant fails to
162	timely terminate employment, and shall be subject to the
163	adjustment required in sub-subparagraph (c)5.d.
164	6.  Effective July 1, 2001, for instructional personnel as
165	defined in s. 1012.01(2), election to participate in the DROP
166	shall be made at any time following the date on which the member
167	first reaches normal retirement date. The member shall advise
168	his or her employer and the division in writing of the date on
169	which the Deferred Retirement Option Program shall begin. When
170	establishing eligibility of the member to participate in the
171	DROP for the 60-month or, with respect to members who are
172	instructional personnel employed by the Florida School for the
173	Deaf and the Blind and who have received authorization by the
174	Board of Trustees of the Florida School for the Deaf and the
175	Blind to participate in the DROP beyond 60 months, who are
176	charter school instructional personnel with students who are
177	funded through the Florida Education Finance Program and who
178	have received authorization from the governing board of the
179	charter school to participate in the DROP beyond 60 months, or
180	who are instructional personnel as defined in s. 1012.01(2)(a)-
181	(d) in grades K-12 or prekindergarten classroom teachers with
182	students who are funded through the Florida Education Finance
183	Program and who have received authorization by the district
184	school superintendent to participate in the DROP beyond 60
185	months, the 96-month maximum participation period, as provided
186	in subparagraph (b)1., the member may elect to include or
187	exclude any optional service credit purchased by the member from
188	the total service used to establish the normal retirement date.
189	A member with dual normal retirement dates shall be eligible to
190	elect to participate in either class.
191	(b)  Participation in the DROP.--
192	1.  An eligible member may elect to participate in the DROP
193	for a period not to exceed a maximum of 60 calendar months or,
194	with respect to members who are instructional personnel employed
195	by the Florida School for the Deaf and the Blind and who have
196	received authorization by the Board of Trustees of the Florida
197	School for the Deaf and the Blind to participate in the DROP
198	beyond 60 months, who are charter school instructional personnel
199	with students who are funded through the Florida Education
200	Finance Program and who have received authorization from the
201	governing board of the charter school to participate in the DROP
202	beyond 60 months, or who are instructional personnel as defined
203	in s. 1012.01(2)(a)-(d) in grades K-12 or prekindergarten
204	classroom teachers with students who are funded through the
205	Florida Education Finance Program and who have received
206	authorization by the district school superintendent to
207	participate in the DROP beyond 60 calendar months, 96 calendar
208	months immediately following the date on which the member first
209	reaches his or her normal retirement date or the date to which
210	he or she is eligible to defer his or her election to
211	participate as provided in subparagraph (a)2. However, a member
212	who has reached normal retirement date prior to the effective
213	date of the DROP shall be eligible to participate in the DROP
214	for a period of time not to exceed 60 calendar months or, with
215	respect to members who are instructional personnel employed by
216	the Florida School for the Deaf and the Blind and who have
217	received authorization by the Board of Trustees of the Florida
218	School for the Deaf and the Blind to participate in the DROP
219	beyond 60 months, who are charter school instructional personnel
220	with students who are funded through the Florida Education
221	Finance Program and who have received authorization from the
222	governing board of the charter school to participate in the DROP
223	beyond 60 months, or who are instructional personnel as defined
224	in s. 1012.01(2)(a)-(d) in grades K-12 or prekindergarten
225	classroom teachers with students who are funded through the
226	Florida Education Finance Program and who have received
227	authorization by the district school superintendent to
228	participate in the DROP beyond 60 calendar months, 96 calendar
229	months immediately following the effective date of the DROP,
230	except a member of the Special Risk Class who has reached normal
231	retirement date prior to the effective date of the DROP and
232	whose total accrued value exceeds 75 percent of average final
233	compensation as of his or her effective date of retirement shall
234	be eligible to participate in the DROP for no more than 36
235	calendar months immediately following the effective date of the
236	DROP.
237	2.  Upon deciding to participate in the DROP, the member
238	shall submit, on forms required by the division:
239	a.  A written election to participate in the DROP;
240	b.  Selection of the DROP participation and termination
241	dates, which satisfy the limitations stated in paragraph (a) and
242	subparagraph 1. Such termination date shall be in a binding
243	letter of resignation with the employer, establishing a deferred
244	termination date. The member may change the termination date
245	within the limitations of subparagraph 1., but only with the
246	written approval of his or her employer;
247	c.  A properly completed DROP application for service
248	retirement as provided in this section; and
249	d.  Any other information required by the division.
250	3.  The DROP participant shall be a retiree under the
251	Florida Retirement System for all purposes, except for paragraph
252	(5)(f) and subsection (9) and ss. 112.3173, 112.363, 121.053,
253	and 121.122. However, participation in the DROP does not alter
254	the participant's employment status and such employee shall not
255	be deemed retired from employment until his or her deferred
256	resignation is effective and termination occurs as provided in
257	s. 121.021(39).
258	4.  Elected officers shall be eligible to participate in
259	the DROP subject to the following:
260	a.  An elected officer who reaches normal retirement date
261	during a term of office may defer the election to participate in
262	the DROP until the next succeeding term in that office. Such
263	elected officer who exercises this option may participate in the
264	DROP for up to 60 calendar months or a period of no longer than
265	such succeeding term of office, whichever is less.
266	b.  An elected or a nonelected participant may run for a
267	term of office while participating in DROP and, if elected,
268	extend the DROP termination date accordingly, except, however,
269	if such additional term of office exceeds the 60-month
270	limitation established in subparagraph 1., and the officer does
271	not resign from office within such 60-month limitation, the
272	retirement and the participant's DROP shall be null and void as
273	provided in sub-subparagraph (c)5.d.
274	c.  An elected officer who is dually employed and elects to
275	participate in DROP shall be required to satisfy the definition
276	of termination within the 60-month or, with respect to members
277	who are instructional personnel employed by the Florida School
278	for the Deaf and the Blind and who have received authorization
279	by the Board of Trustees of the Florida School for the Deaf and
280	the Blind to participate in the DROP beyond 60 months, who are
281	charter school instructional personnel with students who are
282	funded through the Florida Education Finance Program and who
283	have received authorization from the governing board of the
284	charter school to participate in the DROP beyond 60 months, or
285	who are instructional personnel as defined in s. 1012.01(2)(a)-
286	(d) in grades K-12 or prekindergarten classroom teachers with
287	students who are funded through the Florida Education Finance
288	Program and who have received authorization by the district
289	school superintendent to participate in the DROP beyond 60
290	months, the 96-month limitation period as provided in
291	subparagraph 1. for the nonelected position and may continue
292	employment as an elected officer as provided in s. 121.053. The
293	elected officer will be enrolled as a renewed member in the
294	Elected Officers' Class or the Regular Class, as provided in ss.
295	121.053 and 121.122, on the first day of the month after
296	termination of employment in the nonelected position and
297	termination of DROP. Distribution of the DROP benefits shall be
298	made as provided in paragraph (c).
299	Section 2.  Paragraph (b) of subsection (5), paragraphs
300	(b), (c), (e), and (f) of subsection (6), paragraph (b) of
301	subsection (7), paragraph (k) of subsection (9), and paragraph
302	(d) of subsection (18) of section 1002.33, Florida Statutes, are
303	amended to read:
304	1002.33  Charter schools.--
305	(5)  SPONSOR; DUTIES.--
306	(b)  Sponsor duties.--
307	1.a.  The sponsor shall monitor and review the charter
308	school in its progress toward the goals established in the
309	charter.
310	b.  The sponsor shall monitor the revenues and expenditures
311	of the charter school.
312	c.  The sponsor may approve a charter for a charter school
313	before the applicant has secured space, equipment, or personnel,
314	if the applicant indicates approval is necessary for it to raise
315	working funds.
316	d.  The sponsor's policies shall not apply to a charter
317	school unless mutually agreed to by both the sponsor and the
318	charter school.
319	e.  The sponsor shall ensure that the charter is innovative
320	and consistent with the state education goals established by s.
321	1000.03(5).
322	f.  The sponsor shall ensure that the charter school
323	participates in the state's education accountability system. If
324	a charter school falls short of performance measures included in
325	the approved charter, the sponsor shall report such shortcomings
326	to the Department of Education.
327	g.  The sponsor shall not be liable for civil damages under
328	state law for personal injury, property damage, or death
329	resulting from an act or omission of an officer, employee,
330	agent, or governing body of the charter school.
331	h.  The sponsor shall not be liable for civil damages under
332	state law for any employment actions taken by an officer,
333	employee, agent, or governing body of the charter school.
334	i.  The sponsor's duties to monitor the charter school
335	shall not constitute the basis for a private cause of action.
336	j.  The sponsor shall not impose additional reporting
337	requirements on a charter school without providing reasonable
338	and specific justification in writing to the charter school.
339	k.  The sponsor shall provide a copy of all internal audit
340	findings and reports to the charter school in a fair and timely
341	manner. The charter school shall be given 14 days to respond in
342	writing to the sponsor before any action is taken by the
343	sponsor.
344	2.  Immunity for the sponsor of a charter school under
345	subparagraph 1. applies only with respect to acts or omissions
346	not under the sponsor's direct authority as described in this
347	section.
348	3.  Nothing contained in this paragraph shall be considered
349	a waiver of sovereign immunity by a district school board.
350	4.  A community college may work with the school district
351	or school districts in its designated service area to develop
352	charter schools that offer secondary education. These charter
353	schools must include an option for students to receive an
354	associate degree upon high school graduation. District school
355	boards shall cooperate with and assist the community college on
356	the charter application. Community college applications for
357	charter schools are not subject to the time deadlines outlined
358	in subsection (6) and may be approved by the district school
359	board at any time during the year. Community colleges shall not
360	report FTE for any students who receive FTE funding through the
361	Florida Education Finance Program.
362	(6)  APPLICATION PROCESS AND REVIEW.--Charter school
363	applications are subject to the following requirements:
364	(b)  A sponsor district school board shall receive and
365	review all applications for a charter school. Beginning with the
366	2007-2008 school year, a sponsor district school board shall
367	receive and consider charter school applications received on or
368	before August 1 of each calendar year for charter schools to be
369	opened at the beginning of the school district's next school
370	year, or to be opened at a time agreed to by the applicant and
371	the sponsor district school board. A sponsor district school
372	board may receive applications later than this date if it
373	chooses. A sponsor may not charge an applicant for a charter any
374	fee for the processing or consideration of an application, and a
375	sponsor may not base its consideration or approval of an
376	application upon the promise of future payment of any kind.
377	1.  In order to facilitate an accurate budget projection
378	process, a sponsor district school board shall be held harmless
379	for FTE students who are not included in the FTE projection due
380	to approval of charter school applications after the FTE
381	projection deadline. In a further effort to facilitate an
382	accurate budget projection, within 15 calendar days after
383	receipt of a charter school application, a district school board
384	or other sponsor shall report to the Department of Education the
385	name of the applicant entity, the proposed charter school
386	location, and its projected FTE.
387	2.  In order to ensure fiscal responsibility, an
388	application for a charter school shall include a full accounting
389	of expected assets, a projection of expected sources and amounts
390	of income, including income derived from projected student
391	enrollments and from community support, and an expense
392	projection that includes full accounting of the costs of
393	operation, including start-up costs.
394	3.  A sponsor district school board shall by a majority
395	vote approve or deny an application no later than 60 calendar
396	days after the application is received, unless the sponsor
397	district school board and the applicant mutually agree in
398	writing to temporarily postpone the vote to a specific date, at
399	which time the sponsor district school board shall by a majority
400	vote approve or deny the application. If the sponsor district
401	school board fails to act on the application, an applicant may
402	appeal to the State Board of Education as provided in paragraph
403	(c). If an application is denied, the sponsor district school
404	board shall, within 10 calendar days, articulate in writing the
405	specific reasons, based upon good cause, supporting for its
406	denial of the charter application and shall provide the letter
407	of denial and supporting documentation to the applicant and to
408	the Department of Education supporting those reasons.
409	4.  For budget projection purposes, the district school
410	board or other sponsor shall report to the Department of
411	Education the approval or denial of a charter application within
412	10 calendar days after such approval or denial. In the event of
413	approval, the report to the Department of Education shall
414	include the final projected FTE for the approved charter school.
415	5.  Upon approval of a charter application, the initial
416	startup shall commence with the beginning of the public school
417	calendar for the district in which the charter is granted unless
418	the sponsor allows a waiver of this provision for good cause.
419	(c)  An applicant may appeal any denial of that applicant's
420	application or failure to act on an application to the State
421	Board of Education no later than 30 calendar days after receipt
422	of the sponsor's district school board's decision or failure to
423	act and shall notify the sponsor district school board of its
424	appeal. Any response of the sponsor district school board shall
425	be submitted to the State Board of Education within 30 calendar
426	days after notification of the appeal. Upon receipt of
427	notification from the State Board of Education that a charter
428	school applicant is filing an appeal, the Commissioner of
429	Education shall convene a meeting of the Charter School Appeal
430	Commission to study and make recommendations to the State Board
431	of Education regarding its pending decision about the appeal.
432	The commission shall forward its recommendation to the state
433	board no later than 7 calendar days prior to the date on which
434	the appeal is to be heard. The State Board of Education shall by
435	majority vote accept or reject the decision of the sponsor
436	district school board no later than 90 calendar days after an
437	appeal is filed in accordance with State Board of Education
438	rule. The Charter School Appeal Commission may reject an appeal
439	submission for failure to comply with procedural rules governing
440	the appeals process. The rejection shall describe the submission
441	errors. The appellant may have up to 15 calendar days from
442	notice of rejection to resubmit an appeal that meets
443	requirements of State Board of Education rule. An application
444	for appeal submitted subsequent to such rejection shall be
445	considered timely if the original appeal was filed within 30
446	calendar days after receipt of notice of the specific reasons
447	for the sponsor's district school board's denial of the charter
448	application. The State Board of Education shall remand the
449	application to the sponsor district school board with its
450	written decision that the sponsor district school board approve
451	or deny the application. The sponsor district school board shall
452	implement the decision of the State Board of Education. The
453	decision of the State Board of Education is not subject to the
454	provisions of the Administrative Procedure Act, chapter 120.
455	(e)  The sponsor district school board shall act upon the
456	decision of the State Board of Education within 30 calendar days
457	after it is received. The State Board of Education's decision is
458	a final action subject to judicial review in the district court
459	of appeal.
460	(f)1.  A Charter School Appeal Commission is established to
461	assist the commissioner and the State Board of Education with a
462	fair and impartial review of appeals by applicants whose charter
463	applications have been denied, whose charter contracts have not
464	been renewed, or whose charter contracts have been terminated by
465	their sponsors.
466	2.  The Charter School Appeal Commission may receive copies
467	of the appeal documents forwarded to the State Board of
468	Education, review the documents, gather other applicable
469	information regarding the appeal, and make a written
470	recommendation to the commissioner. The recommendation must
471	state whether the appeal should be upheld or denied and include
472	the reasons for the recommendation being offered. The
473	commissioner shall forward the recommendation to the State Board
474	of Education no later than 7 calendar days prior to the date on
475	which the appeal is to be heard. The state board must consider
476	the commission's recommendation in making its decision, but is
477	not bound by the recommendation. The decision of the Charter
478	School Appeal Commission is not subject to the provisions of the
479	Administrative Procedure Act, chapter 120.
480	3.  The commissioner shall appoint the members of the
481	Charter School Appeal Commission. Members shall serve without
482	compensation but may be reimbursed for travel and per diem
483	expenses in conjunction with their service. One-half of the
484	members must represent currently operating charter schools, and
485	one-half of the members must represent sponsors school
486	districts. The commissioner or a named designee shall chair the
487	Charter School Appeal Commission.
488	4.  The chair shall convene meetings of the commission and
489	shall ensure that the written recommendations are completed and
490	forwarded in a timely manner. In cases where the commission
491	cannot reach a decision, the chair shall make the written
492	recommendation with justification, noting that the decision was
493	rendered by the chair.
494	5.  Commission members shall thoroughly review the
495	materials presented to them from the appellant and the sponsor.
496	The commission may request information to clarify the
497	documentation presented to it. In the course of its review, the
498	commission may facilitate the postponement of an appeal in those
499	cases where additional time and communication may negate the
500	need for a formal appeal and both parties agree, in writing, to
501	postpone the appeal to the State Board of Education. A new date
502	certain for the appeal shall then be set based upon the rules
503	and procedures of the State Board of Education. Commission
504	members shall provide a written recommendation to the state
505	board as to whether the appeal should be upheld or denied. A
506	fact-based justification for the recommendation must be
507	included. The chair must ensure that the written recommendation
508	is submitted to the State Board of Education members no later
509	than 7 calendar days prior to the date on which the appeal is to
510	be heard. Both parties in the case shall also be provided a copy
511	of the recommendation.
512	(7)  CHARTER.--The major issues involving the operation of
513	a charter school shall be considered in advance and written into
514	the charter. The charter shall be signed by the governing body
515	of the charter school and the sponsor, following a public
516	hearing to ensure community input.
517	(b)1.  A charter may be renewed provided that a program
518	review demonstrates that the criteria in paragraph (a) have been
519	successfully accomplished and that none of the grounds for
520	nonrenewal established by paragraph (8)(a) has been documented.
521	In order to facilitate long-term financing for charter school
522	construction, charter schools operating for a minimum of 3 2
523	years and demonstrating exemplary academic programming and
524	fiscal management shall receive are eligible for a 15-year
525	charter renewal. Such long-term charter is subject to annual
526	review and may be terminated during the term of the charter.
527	2.  The 15-year charter renewal that may be granted
528	pursuant to subparagraph 1. shall be granted to a charter school
529	that has received a school grade of "A" or "B" pursuant to s.
530	1008.34 in 3 of the past 4 years and is not in a state of
531	financial emergency or deficit position as defined by this
532	section. Such long-term charter is subject to annual review and
533	may be terminated during the term of the charter pursuant to
534	subsection (8).
535	(9)  CHARTER SCHOOL REQUIREMENTS.--
536	(k)  The governing body of the charter school shall be
537	responsible for:
538	1.  Ensuring that the charter school has retained the
539	services of a certified public accountant or auditor for the
540	annual financial audit, pursuant to paragraph (g), who shall
541	submit the report to the governing body.
542	2.  Reviewing and approving the audit report, including
543	audit findings and recommendations for the financial recovery
544	plan.
545	3.  Monitoring a financial recovery plan in order to ensure
546	compliance.
547	4.  Participating in board governance training approved by
548	the department that must include government in the sunshine,
549	conflicts of interest, ethics, and financial responsibility.
550	(18)  FACILITIES.--
551	(d)  Charter school facilities are exempt from assessments
552	of fees for building permits, except as provided in s. 553.80,
553	fees for building and occupational licenses, and impact fees, or
554	service availability fees, and assessments for special benefits.
555	Section 3.  The Legislature finds that a proper and
556	legitimate state purpose is served when employees and retirees
557	of the state and its political subdivisions, as well as the
558	dependents, survivors, and beneficiaries of such employees and
559	retirees, are extended the basic protections afforded by
560	governmental retirement systems that provide fair and adequate
561	benefits and that are managed, administered, and funded in an
562	actuarially sound manner as required by s. 14, Art. X of the
563	State Constitution and part VII of chapter 112, Florida
564	Statutes. Therefore, the Legislature determines and declares
565	that the amendment of s. 121.091, Florida Statutes, by this act
566	fulfills an important state interest.
567	Section 4.  This act shall take effect upon becoming a law
568	except that the amendment to s. 1002.33(18)(d), Florida
569	Statutes, by this act shall apply retroactively to July 1, 1996.

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