Bill No. CS/CS/HB 1259
Amendment No. 222765
Senate House

1Representatives Flores and Legg offered the following:
3     Amendment (with title amendment)
4     Remove lines 464-1710 and insert:
5body to resolve the condition. If one or more of the conditions
6in paragraphs(1)(a)-(d) exist, the Commissioner of Education may
7charter school sponsor has the authority to require and approve
8a financial recovery plan, to be prepared by the charter school
9governing body, prescribing actions that will cause the charter
10school to no longer be subject to this section. The Department
11of Education shall establish guidelines for developing such
13     (b)  Upon notification that one or more of the conditions
14in subsection (1), the charter technical career center sponsor
15or the sponsor's designee and the Commissioner of Education
16shall contact the charter technical career center governing body
17to determine what actions have been taken by the charter
18technical career center governing body to resolve the condition.
19If one or more of the conditions in paragraphs(1)(a) through
20(d)exist, the Commissioner of Education may require and approve
21a financial recovery plan, to be prepared by the charter
22technical career center governing body, prescribing actions that
23will cause the charter technical career center to no longer be
24subject to this section.
25     (c)  The Commissioner of Education shall determine if the
26charter school or charter technical career center needs a
27financial recovery plan to resolve a condition in
28paragraphs(1)(a)-(d). If the Commissioner of Education
29determines that a financial recovery plan is needed, the charter
30school or charter technical career center is considered to be in
31a state of financial emergency.
33The Department of Education, with the involvement of sponsors,
34charter schools, and charter technical career centers, shall
35establish guidelines for developing such plans.
36     Section 6.  Section 218.504, Florida Statutes, is amended
37to read:
38     218.504  Cessation of state action.--The Governor or the
39Commissioner of Education, as appropriate, has the authority to
40terminate all state actions pursuant to ss. 218.50-218.504.
41Cessation of state action must not occur until the Governor or
42the Commissioner of Education, as appropriate, has determined
44     (1)  The local governmental entity, charter school, charter
45technical career center, or district school board:
46     (a)  Has established and is operating an effective
47financial accounting and reporting system.
48     (b)  Has resolved the conditions outlined in s. 218.503(1).
49     (2)  None of the conditions outlined in s. 218.503(1)
51     Section 7.  Paragraph (b) of subsection (5), paragraphs
52(a), (b), and (d) of subsection (6), paragraphs (a) and (b) of
53subsection (7), paragraphs (g) through (q) of subsection (9),
54paragraphs (a) and (h) of subsection (10), paragraphs (b) and
55(c) of subsection (17), paragraph (e) of subsection (18),
56paragraph (a) of subsection (20), and subsections (21) and (23)
57of section 1002.33, Florida Statutes, are amended, present
58subsection (24) is renumbered as subsection (26), and new
59subsections (24) and (25) are added to that section, to read:
60     1002.33  Charter schools.--
61     (5)  SPONSOR; DUTIES.--
62     (b)  Sponsor duties.--
63     1.a.  The sponsor shall monitor and review the charter
64school in its progress toward the goals established in the
66     b.  The sponsor shall monitor the revenues and expenditures
67of the charter school and perform the duties provided for in s.
69     c.  The sponsor may approve a charter for a charter school
70before the applicant has secured space, equipment, or personnel,
71if the applicant indicates approval is necessary for it to raise
72working funds.
73     d.  The sponsor's policies shall not apply to a charter
74school unless mutually agreed to by both the sponsor and the
75charter school.
76     e.  The sponsor shall ensure that the charter is innovative
77and consistent with the state education goals established by s.
79     f.  The sponsor shall ensure that the charter school
80participates in the state's education accountability system. If
81a charter school falls short of performance measures included in
82the approved charter, the sponsor shall report such shortcomings
83to the Department of Education.
84     g.  The sponsor shall not be liable for civil damages under
85state law for personal injury, property damage, or death
86resulting from an act or omission of an officer, employee,
87agent, or governing body of the charter school.
88     h.  The sponsor shall not be liable for civil damages under
89state law for any employment actions taken by an officer,
90employee, agent, or governing body of the charter school.
91     i.  The sponsor's duties to monitor the charter school
92shall not constitute the basis for a private cause of action.
93     j.  The sponsor shall not impose additional reporting
94requirements on a charter school without providing reasonable
95and specific justification in writing to the charter school.
96     2.  Immunity for the sponsor of a charter school under
97subparagraph 1. applies only with respect to acts or omissions
98not under the sponsor's direct authority as described in this
100     3.  Nothing contained in this paragraph shall be considered
101a waiver of sovereign immunity by a district school board.
102     4.  A community college may work with the school district
103or school districts in its designated service area to develop
104charter schools that offer secondary education. These charter
105schools must include an option for students to receive an
106associate degree upon high school graduation. District school
107boards shall cooperate with and assist the community college on
108the charter application. Community college applications for
109charter schools are not subject to the time deadlines outlined
110in subsection (6) and may be approved by the district school
111board at any time during the year. Community colleges shall not
112report FTE for any students who receive FTE funding through the
113Florida Education Finance Program.
114     (6)  APPLICATION PROCESS AND REVIEW.--Charter school
115applications are subject to the following requirements:
116     (a)  A person or entity wishing to open a charter school
117shall prepare and submit an application on a form developed by
118the Department of Education, which that:
119     1.  Demonstrates how the school will use the guiding
120principles and meet the statutorily defined purpose of a charter
122     2.  Provides a detailed curriculum plan that illustrates
123how students will be provided services to attain the Sunshine
124State Standards.
125     3.  Contains goals and objectives for improving student
126learning and measuring that improvement. These goals and
127objectives must indicate how much academic improvement students
128are expected to show each year, how success will be evaluated,
129and the specific results to be attained through instruction.
130     4.  Describes the reading curriculum and differentiated
131strategies that will be used for students reading at grade level
132or higher and a separate curriculum and strategies for students
133who are reading below grade level. A sponsor shall deny a
134charter if the school does not propose a reading curriculum that
135is consistent with effective teaching strategies that are
136grounded in scientifically based reading research.
137     5.  Contains an annual financial plan for each year
138requested by the charter for operation of the school for up to 5
139years. This plan must contain anticipated fund balances based on
140revenue projections, a spending plan based on projected revenues
141and expenses, and a description of controls that will safeguard
142finances and projected enrollment trends.
143     (b)  A sponsor shall receive and review all applications
144for a charter school using an evaluation instrument developed by
145the Department of Education. Beginning with the 2007-2008 school
146year, a sponsor shall receive and consider charter school
147applications received on or before August 1 of each calendar
148year for charter schools to be opened at the beginning of the
149school district's next school year, or to be opened at a time
150agreed to by the applicant and the sponsor. A sponsor may
151receive applications later than this date if it chooses. A
152sponsor may not charge an applicant for a charter any fee for
153the processing or consideration of an application, and a sponsor
154may not base its consideration or approval of an application
155upon the promise of future payment of any kind.
156     1.  In order to facilitate an accurate budget projection
157process, a sponsor shall be held harmless for FTE students who
158are not included in the FTE projection due to approval of
159charter school applications after the FTE projection deadline.
160In a further effort to facilitate an accurate budget projection,
161within 15 calendar days after receipt of a charter school
162application, a sponsor shall report to the Department of
163Education the name of the applicant entity, the proposed charter
164school location, and its projected FTE.
165     2.  In order to ensure fiscal responsibility, an
166application for a charter school shall include a full accounting
167of expected assets, a projection of expected sources and amounts
168of income, including income derived from projected student
169enrollments and from community support, and an expense
170projection that includes full accounting of the costs of
171operation, including start-up costs.
172     3.  A sponsor shall by a majority vote approve or deny an
173application no later than 60 calendar days after the application
174is received, unless the sponsor and the applicant mutually agree
175in writing to temporarily postpone the vote to a specific date,
176at which time the sponsor shall by a majority vote approve or
177deny the application. If the sponsor fails to act on the
178application, an applicant may appeal to the State Board of
179Education as provided in paragraph (c). If an application is
180denied, the sponsor shall, within 10 calendar days, articulate
181in writing the specific reasons, based upon good cause,
182supporting its denial of the charter application and shall
183provide the letter of denial and supporting documentation to the
184applicant and to the Department of Education supporting those
186     4.  For budget projection purposes, the sponsor shall
187report to the Department of Education the approval or denial of
188a charter application within 10 calendar days after such
189approval or denial. In the event of approval, the report to the
190Department of Education shall include the final projected FTE
191for the approved charter school.
192     5.  Upon approval of a charter application, the initial
193startup shall commence with the beginning of the public school
194calendar for the district in which the charter is granted unless
195the sponsor allows a waiver of this provision for good cause.
196     (d)  For charter school applications in school districts
197that have not been granted exclusive authority to sponsor
198charter schools pursuant to s. 1002.335(5), the right to appeal
199an application denial under paragraph (c) shall be contingent on
200the applicant having submitted the same or a substantially
201similar application to the district school board and the Florida
202Schools of Excellence Commission or one of its cosponsors. Any
203such applicant whose application is denied by the commission or
204one of its cosponsors and subsequent to its denial by the
205district school board may exercise its right to appeal the
206district school board's denial under paragraph (c) within 30
207days after receipt of the commission's or cosponsor's denial or
208failure to act on the application. However, the applicant
209forfeits its right to appeal under paragraph (c) if it fails to
210submit its application to the commission or one of its
211cosponsors by August 1 of the school year immediately following
212the district school board's denial of the application.
213     (7)  CHARTER.--The major issues involving the operation of
214a charter school shall be considered in advance and written into
215the charter. The charter shall be signed by the governing body
216of the charter school and the sponsor, following a public
217hearing to ensure community input.
218     (a)  The charter shall address, and criteria for approval
219of the charter shall be based on:
220     1.  The school's mission, the students to be served, and
221the ages and grades to be included.
222     2.  The focus of the curriculum, the instructional methods
223to be used, any distinctive instructional techniques to be
224employed, and identification and acquisition of appropriate
225technologies needed to improve educational and administrative
226performance which include a means for promoting safe, ethical,
227and appropriate uses of technology which comply with legal and
228professional standards. The charter shall ensure that reading is
229a primary focus of the curriculum and that resources are
230provided to identify and provide specialized instruction for
231students who are reading below grade level. The curriculum and
232instructional strategies for reading must be consistent with the
233Sunshine State Standards and grounded in scientifically based
234reading research.
235     3.  The current incoming baseline standard of student
236academic achievement, the outcomes to be achieved, and the
237method of measurement that will be used. The criteria listed in
238this subparagraph shall include a detailed description for each
239of the following:
240     a.  How the baseline student academic achievement levels
241and prior rates of academic progress will be established.
242     b.  How these baseline rates will be compared to rates of
243academic progress achieved by these same students while
244attending the charter school.
245     c.  To the extent possible, how these rates of progress
246will be evaluated and compared with rates of progress of other
247closely comparable student populations.
249The district school board is required to provide academic
250student performance data to charter schools for each of their
251students coming from the district school system, as well as
252rates of academic progress of comparable student populations in
253the district school system.
254     4.  The methods used to identify the educational strengths
255and needs of students and how well educational goals and
256performance standards are met by students attending the charter
257school. Included in the methods is a means for the charter
258school to ensure accountability to its constituents by analyzing
259student performance data and by evaluating the effectiveness and
260efficiency of its major educational programs. Students in
261charter schools shall, at a minimum, participate in the
262statewide assessment program created under s. 1008.22.
263     5.  In secondary charter schools, a method for determining
264that a student has satisfied the requirements for graduation in
265s. 1003.43.
266     6.  A method for resolving conflicts between the governing
267body of the charter school and the sponsor.
268     7.  The admissions procedures and dismissal procedures,
269including the school's code of student conduct.
270     8.  The ways by which the school will achieve a
271racial/ethnic balance reflective of the community it serves or
272within the racial/ethnic range of other public schools in the
273same school district.
274     9.  The financial and administrative management of the
275school, including a reasonable demonstration of the professional
276experience or competence of those individuals or organizations
277applying to operate the charter school or those hired or
278retained to perform such professional services and the
279description of clearly delineated responsibilities and the
280policies and practices needed to effectively manage the charter
281school. A description of internal audit procedures and
282establishment of controls to ensure that financial resources are
283properly managed must be included. Both public sector and
284private sector professional experience shall be equally valid in
285such a consideration.
286     10.  The asset and liability projections required in the
287application which are incorporated into the charter and which
288shall be compared with information provided in the annual report
289of the charter school. The charter shall ensure that, if a
290charter school internal audit or annual financial audit reveals
291a state of financial emergency as defined in s. 218.503 or
292deficit financial position, the auditors are required to notify
293the charter school governing board, the sponsor, and the
294Department of Education. The internal auditor shall report such
295findings in the form of an exit interview to the principal or
296the principal administrator of the charter school and the chair
297of the governing board within 7 working days after finding the
298state of financial emergency or deficit position. A final report
299shall be provided to the entire governing board, the sponsor,
300and the Department of Education within 14 working days after the
301exit interview. When a charter school is in a state of financial
302emergency, the charter school shall file a detailed financial
303recovery plan with the sponsor. The department, with the
304involvement of both sponsors and charter schools, shall
305establish guidelines for developing such plans.
306     11.  A description of procedures that identify various
307risks and provide for a comprehensive approach to reduce the
308impact of losses; plans to ensure the safety and security of
309students and staff; plans to identify, minimize, and protect
310others from violent or disruptive student behavior; and the
311manner in which the school will be insured, including whether or
312not the school will be required to have liability insurance,
313and, if so, the terms and conditions thereof and the amounts of
315     12.  The term of the charter which shall provide for
316cancellation of the charter if insufficient progress has been
317made in attaining the student achievement objectives of the
318charter and if it is not likely that such objectives can be
319achieved before expiration of the charter. The initial term of a
320charter shall be for 4 or 5 years. In order to facilitate access
321to long-term financial resources for charter school
322construction, charter schools that are operated by a
323municipality or other public entity as provided by law are
324eligible for up to a 15-year charter, subject to approval by the
325district school board. A charter lab school is eligible for a
326charter for a term of up to 15 years. In addition, to facilitate
327access to long-term financial resources for charter school
328construction, charter schools that are operated by a private,
329not-for-profit, s. 501(c)(3) status corporation are eligible for
330up to a 15-year charter, subject to approval by the district
331school board. Such long-term charters remain subject to annual
332review and may be terminated during the term of the charter, but
333only according to the provisions set forth in subsection (8).
334     13.  The facilities to be used and their location.
335     14.  The qualifications to be required of the teachers and
336the potential strategies used to recruit, hire, train, and
337retain qualified staff to achieve best value.
338     15.  The governance structure of the school, including the
339status of the charter school as a public or private employer as
340required in paragraph (12)(i).
341     16.  A timetable for implementing the charter which
342addresses the implementation of each element thereof and the
343date by which the charter shall be awarded in order to meet this
345     17.  In the case of an existing public school being
346converted to charter status, alternative arrangements for
347current students who choose not to attend the charter school and
348for current teachers who choose not to teach in the charter
349school after conversion in accordance with the existing
350collective bargaining agreement or district school board rule in
351the absence of a collective bargaining agreement. However,
352alternative arrangements shall not be required for current
353teachers who choose not to teach in a charter lab school, except
354as authorized by the employment policies of the state university
355which grants the charter to the lab school.
356     18.  Full disclosure of the identity of all relatives
357employed by the charter school who are related to the charter
358school owner, president, chair of the governing board of
359directors, superintendent, governing board member, principal,
360assistant principal, or any other person employed by the charter
361school having equivalent decisionmaking authority. For the
362purpose of this subparagraph, the term "relative" means father,
363mother, son, daughter, brother, sister, husband, wife, father-
364in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-
365law, sister-in-law, stepfather, stepmother, stepson,
366stepdaughter, stepbrother, stepsister, half brother, or half
368     (b)1.  A charter may be renewed if provided that a program
369review demonstrates that the criteria in paragraph (a) have been
370successfully accomplished and that none of the grounds for
371nonrenewal established by paragraph (8)(a) has been documented.
372In order to facilitate long-term financing for charter school
373construction, a charter school that has operated schools
374operating for a minimum of 3 years, that has received a school
375grade of at least a "C" pursuant to s. 1008.34 during the
376previous 3 years, and that demonstrates demonstrating exemplary
377academic programming and fiscal management must be offered are
378eligible for a 15-year charter renewal. Such long-term charter
379is subject to annual review and may be terminated during the
380term of the charter pursuant to subsection (8).
381     2.  The 15-year charter renewal that may be granted
382pursuant to subparagraph 1. shall be granted to a charter school
383that has received a school grade of "A" or "B" pursuant to s.
3841008.34 in 3 of the past 4 years and is not in a state of
385financial emergency or deficit position as defined by this
386section. Such long-term charter is subject to annual review and
387may be terminated during the term of the charter pursuant to
388subsection (8).
390     (g)  A charter school shall provide for an annual financial
391audit in accordance with s. 218.39. Financial audits that reveal
392a state of financial emergency as defined in s. 218.503 and are
393conducted by a certified public accountant or auditor in
394accordance with s. 218.39 shall be provided to the governing
395body of the charter school within 7 working days after finding
396that a state of financial emergency exists. When a charter
397school is found to be in a state of financial emergency by a
398certified public accountant or auditor, the charter school must
399file a detailed financial recovery plan with the sponsor within
40030 days after receipt of the audit.
401     (g)(h)  In order to provide financial information that is
402comparable to that reported for other public schools, charter
403schools are to maintain all financial records which constitute
404their accounting system:
405     1.  In accordance with the accounts and codes prescribed in
406the most recent issuance of the publication titled "Financial
407and Program Cost Accounting and Reporting for Florida Schools";
409     2.  At the discretion of the charter school governing
410board, a charter school may elect to follow generally accepted
411accounting standards for not-for-profit organizations, but must
412reformat this information for reporting according to this
415Charter schools shall provide annual financial report and
416program cost report information in the state-required formats
417for inclusion in district reporting in compliance with s.
4181011.60(1). Charter schools that are operated by a municipality
419or are a component unit of a parent nonprofit organization may
420use the accounting system of the municipality or the parent but
421must reformat this information for reporting according to this
422paragraph. A charter school shall provide quarterly financial
423statements to the sponsor, except that such statements shall be
424provided monthly if a charter school is subject to corrective
425action plan under s. 1002.345 or a financial recovery plan under
426s. 218.503.
427     (h)(i)  The governing board of the charter school shall
428annually adopt and maintain an operating budget.
429     (i)(j)  The governing body of the charter school shall
430exercise continuing oversight over charter school operations.
431     (j)(k)  The governing body of the charter school shall be
432responsible for:
433     1.  Ensuring that the charter school has retained the
434services of a certified public accountant or auditor for the
435annual financial audit, pursuant to s. 1002.345(2) paragraph
436(g), who shall submit the report to the governing body.
437     2.  Reviewing and approving the audit report, including
438audit findings and recommendations for the financial recovery
440     3.a.  Performing the duties provided for in s. 1002.345,
441including monitoring a corrective action plan.
442     b.  Monitoring a financial recovery plan in order to ensure
444     4.  Participating in governance training approved by the
445department that must include government in the sunshine,
446conflicts of interest, ethics, and financial responsibility.
447     (k)(l)  The governing body of the charter school shall
448report its progress annually to its sponsor, which shall forward
449the report to the Commissioner of Education at the same time as
450other annual school accountability reports. The Department of
451Education shall develop a uniform, online annual accountability
452report format to be completed by charter schools. This report
453shall be easy to utilize and contain demographic information,
454student performance data, and financial accountability
455information. A charter school may directly access, complete, and
456correct school data and information in the online accountability
457report. The sponsor shall review the report before final
458submission to shall not be required to provide information and
459data that is duplicative and already in the possession of the
460department. The Department of Education shall include in its
461compilation a notation if a school failed to file its report by
462the deadline established by the department. The report shall
463include at least the following components:
464     1.  Student achievement performance data, including the
465information required for the annual school report and the
466education accountability system governed by ss. 1008.31 and
4671008.345. Charter schools are subject to the same accountability
468requirements as other public schools, including reports of
469student achievement information that links baseline student data
470to the school's performance projections identified in the
471charter. The charter school shall identify reasons for any
472difference between projected and actual student performance.
473     2.  Financial status of the charter school which must
474include revenues and expenditures at a level of detail that
475allows for analysis of the school's ability to meet financial
476obligations and timely repayment of debt.
477     3.  Documentation of the facilities in current use and any
478planned facilities for use by the charter school for instruction
479of students, administrative functions, or investment purposes.
480     4.  Descriptive information about the charter school's
481personnel, including salary and benefit levels of charter school
482employees, the proportion of instructional personnel who hold
483professional or temporary certificates, and the proportion of
484instructional personnel teaching in-field or out-of-field.
485     (l)(m)  A charter school shall not levy taxes or issue
486bonds secured by tax revenues.
487     (m)(n)  A charter school shall provide instruction for at
488least the number of days required by law for other public
489schools, and may provide instruction for additional days.
490     (n)(o)  The director and a representative of the governing
491body of a charter school that has received a school grade of "D"
492under s. 1008.34(2) shall appear before the sponsor or the
493sponsor's staff at least once a year to present information
494concerning each contract component having noted deficiencies.
495The sponsor shall communicate at the meeting, and in writing to
496the director, the services provided to the school to help the
497school address its deficiencies.
498     (o)(p)  Upon notification that a charter school receives a
499school grade of "D" for 2 consecutive years or a school grade of
500"F" under s. 1008.34(2), the charter school sponsor or the
501sponsor's staff shall require the director and a representative
502of the governing body to submit to the sponsor for approval a
503school improvement plan to raise student achievement and to
504implement the plan. The sponsor has the authority to approve a
505school improvement plan that the charter school will implement
506in the following school year. The sponsor may also consider the
507State Board of Education's recommended action pursuant to s.
5081008.33(1) as part of the school improvement plan. The
509Department of Education shall offer technical assistance and
510training to the charter school and its governing body and
511establish guidelines for developing, submitting, and approving
512such plans.
513     1.  If the charter school fails to improve its student
514performance from the year immediately prior to the
515implementation of the school improvement plan, the sponsor shall
516place the charter school on probation and shall require the
517charter school governing body to take one of the following
518corrective actions:
519     a.  Contract for the educational services of the charter
521     b.  Reorganize the school at the end of the school year
522under a new director or principal who is authorized to hire new
523staff and implement a plan that addresses the causes of
524inadequate progress; or
525     c.  Reconstitute the charter school.
526     2.  A charter school that is placed on probation shall
527continue the corrective actions required under subparagraph 1.
528until the charter school improves its student performance from
529the year prior to the implementation of the school improvement
531     3.  Notwithstanding any provision of this paragraph, the
532sponsor may terminate the charter at any time pursuant to the
533provisions of subsection (8).
534     (p)(q)  The director and a representative of the governing
535body of a graded charter school that has submitted a school
536improvement plan or has been placed on probation under paragraph
537(o) (p) shall appear before the sponsor or the sponsor's staff
538at least once a year to present information regarding the
539corrective strategies that are being implemented by the school
540pursuant to the school improvement plan. The sponsor shall
541communicate at the meeting, and in writing to the director, the
542services provided to the school to help the school address its
544     (10)  ELIGIBLE STUDENTS.--
545     (a)  A charter school shall be open to any student covered
546in an interdistrict agreement or residing in the school district
547in which the charter school is located; however, in the case of
548a charter lab school, the charter lab school shall be open to
549any student eligible to attend the lab school as provided in s.
5501002.32 or who resides in the school district in which the
551charter lab school is located. Any eligible student shall be
552allowed interdistrict transfer to attend a charter school when
553based on good cause. Good cause shall include, but not be
554limited to, geographic proximity to a charter school in a
555neighboring school district.
556     (h)  The capacity of the charter school shall be determined
557annually by the governing board, in conjunction with the
558sponsor, of the charter school in consideration of the factors
559identified in this subsection. The calculation under s. 1003.03
560for class size compliance for charter schools shall be the
561average for the applicable grade grouping at the school level
562established at the October student membership survey of the
563district in which the charter school is operated.
564     (17)  FUNDING.--Students enrolled in a charter school,
565regardless of the sponsorship, shall be funded as if they are in
566a basic program or a special program, the same as students
567enrolled in other public schools in the school district. Funding
568for a charter lab school shall be as provided in s. 1002.32.
569     (b)  The basis for the agreement for funding students
570enrolled in a charter school shall be the sum of the school
571district's operating funds from the Florida Education Finance
572Program as provided in s. 1011.62 and the General Appropriations
573Act, including gross state and local funds, discretionary
574lottery funds, and funds from the school district's current
575operating discretionary millage levy; divided by total funded
576weighted full-time equivalent students in the school district;
577multiplied by the weighted full-time equivalent students for the
578charter school. Charter schools whose students or programs meet
579the eligibility criteria in law shall be entitled to their
580proportionate share of categorical program funds included in the
581total funds available in the Florida Education Finance Program
582by the Legislature, including transportation. Total funding for
583each charter school shall be recalculated during the year to
584reflect the revised calculations under the Florida Education
585Finance Program by the state and the actual weighted full-time
586equivalent students reported by the charter school during the
587full-time equivalent student survey periods designated by the
588Commissioner of Education. Florida Education Finance Program
589funds for a charter school must be distributed to the charter
590school by the district school board within 10 days after receipt
591from the state.
592     (c)  If the sponsor district school board is providing
593programs or services to students funded by federal funds, any
594eligible students enrolled in charter schools in the school
595district shall be provided federal funds for the same level of
596service provided students in the schools operated by the
597district school board. Pursuant to provisions of 20 U.S.C. 8061
598s. 10306, all charter schools shall receive all federal funding
599for which the school is otherwise eligible, including Title I
600funding and funding under the Individuals with Disabilities
601Education Act, not later than 5 months after the charter school
602first opens and within 5 months after any subsequent expansion
603of enrollment.
604     (18)  FACILITIES.--
605     (e)1.  If a district school board facility or property is
606available because it is surplused surplus, marked for disposal,
607or otherwise unused:,
608     a.  It shall be provided for a charter school's use on the
609same basis as it is made available to other public schools in
610the district. A charter school receiving property from the
611school district under this subparagraph may not sell or dispose
612of such property without written permission of the school
614     b.  It shall first be offered for purchase or lease to
615charter schools within the district to be used for educational
616purposes for a period of 45 days following a district school
617board's decision to sell or lease such property.
618     2. Similarly, For an existing public school converting to
619charter status, no rental or leasing fee for the existing
620facility or for the property normally inventoried to the
621conversion school may be charged by the district school board to
622the parents and teachers organizing the charter school. The
623charter school shall agree to reasonable maintenance provisions
624in order to maintain the facility in a manner similar to
625district school board standards. The Public Education Capital
626Outlay maintenance funds or any other maintenance funds
627generated by the facility operated as a conversion school shall
628remain with the conversion school.
629     (20)  SERVICES.--
630     (a)  A sponsor shall provide certain administrative and
631educational services to charter schools. These services shall
632include contract management services; full-time equivalent and
633data reporting services; exceptional student education
634administration services; services related to eligibility and
635reporting duties required to ensure that school lunch services
636under the federal lunch program, consistent with the needs of
637the charter school, are provided by the school district at the
638request of the charter school, that any funds due the charter
639school under the federal lunch program be paid to the charter
640school as soon as the charter school begins serving food under
641the federal lunch program, and that the charter school is paid
642at the same time and in the same manner under the federal lunch
643program as other public schools serviced by the sponsor or
644school district; test administration services, including payment
645of the costs of state-required or district-required student
646assessments; processing of teacher certificate data services;
647and information services, including equal access to student
648information systems that are used by public schools in the
649district in which the charter school is located. Student
650performance data for each student in a charter school,
651including, but not limited to, FCAT scores, standardized test
652scores, previous public school student report cards, and student
653performance measures, shall be provided by the sponsor to a
654charter school in the same manner provided to other public
655schools in the district. A total administrative fee for the
656provision of such services shall be calculated based upon up to
6575 percent of the available funds defined in paragraph (17)(b)
658for all students. However, a sponsor may only withhold up to a
6595-percent administrative fee for enrollment for up to and
660including 500 students. For charter schools with a population of
661501 or more students, the difference between the total
662administrative fee calculation and the amount of the
663administrative fee withheld may only be used for capital outlay
664purposes specified in s. 1013.62(2). Sponsors shall not charge
665charter schools any additional fees or surcharges for
666administrative and educational services in addition to the
667maximum 5-percent administrative fee withheld pursuant to this
670     (a)  The Department of Education shall provide information
671to the public, directly and through sponsors, both on how to
672form and operate a charter school and on how to enroll in
673charter schools once they are created. This information shall
674include a standard application format, charter format,
675evaluation instrument, and charter renewal format which shall
676include the information specified in subsection (7) and shall be
677developed by consulting and negotiating with both school
678districts, the Florida Schools of Excellence Commission, and
679charter schools before implementation. These formats shall be
680used as guidelines by charter school sponsors.
681     (b)1.  The Department of Education shall report student
682assessment data pursuant to s. 1008.34(3)(b) which is reported
683to schools that receive a school grade pursuant to s. 1008.34 or
684student assessment data pursuant to s. 1008.341(3) which is
685reported to alternative schools that receive a school
686improvement rating pursuant to s. 1008.341 to each charter
687school that:
688     a.  Does not receive a school grade pursuant to s. 1008.34
689or a school improvement rating pursuant to s. 1008.341; and
690     b.  Serves at least 10 students who are tested on the
691statewide assessment test pursuant to s. 1008.22.
692     2.  The charter school shall report the information in
693subparagraph 1. to each parent of a student at the charter
694school, the district in which the charter school is located, and
695the governing board of the charter school. This paragraph does
696not abrogate the provisions of s. 1002.22, relating to student
697records, and the requirements of 20 U.S.C. s. 1232g, the Family
698Educational Rights and Privacy Act.
699     3.a.  Pursuant to this paragraph, the Department of
700Education shall compare the charter school student performance
701data for each charter school in subparagraph 1. with the student
702performance data in traditional public schools in the district
703in which the charter school is located and other charter schools
704in the state. For charter alternative schools, the department
705shall compare the student performance data described in this
706paragraph with all alternative schools in the state. The
707comparative data shall be provided by the following grade
709     (I)  Grades 3 through 5.
710     (II)  Grades 6 through 8.
711     (III)  Grades 9 through 11.
712     b.  Each charter school shall make the information in this
713paragraph available to the public.
715of the annual report required by paragraph (9)(k) (9)(l), the
716Department of Education shall provide to the State Board of
717Education, the Commissioner of Education, the Governor, the
718President of the Senate, and the Speaker of the House of
719Representatives an analysis and comparison of the overall
720performance of charter school students, to include all students
721whose scores are counted as part of the statewide assessment
722program, versus comparable public school students in the
723district as determined by the statewide assessment program
724currently administered in the school district, and other
725assessments administered pursuant to s. 1008.22(3).
727     (a)  This subsection applies to charter school personnel in
728a charter school operated by a private entity. Charter school
729personnel in schools operated by a municipality or other public
730entity are subject to s. 112.3135.
731     (b)  As used in this subsection, the term:
732     1.  "Charter school personnel" means a charter school
733owner, president, chair of the governing board of directors,
734superintendent, governing board member, principal, assistant
735principal, or any other person employed by the charter school
736having equivalent decisionmaking authority and in whom is vested
737the authority, or to whom the authority has been delegated, to
738appoint, employ, promote, or advance individuals or to recommend
739individuals for appointment, employment, promotion, or
740advancement in connection with employment in a charter school,
741including the authority as a member of a governing board of a
742charter school to vote on the appointment, employment,
743promotion, or advancement of individuals.
744     2.  "Relative" means father, mother, son, daughter,
745brother, sister, husband, wife, father-in-law, mother-in-law,
746son-in-law, daughter-in-law, brother-in-law, sister-in-law,
747stepfather, stepmother, stepson, stepdaughter, stepbrother,
748stepsister, half brother, or half sister.
749     3.  "Supervise" means the appointment, employment,
750promotion, or advancement of an individual or recommendation of
751the appointment, employment, promotion, or advancement of an
753     (c)  Charter school personnel may not supervise a relative
754in the charter school in which the personnel serve unless the
755governing board requests and obtains a waiver of this
756requirement from the Commissioner of Education or his or her
759     (a)  A member of a governing board of a charter school,
760including a charter school operated by a private entity, is
761subject to the provisions of ss. 112.313(2), (3), (7), (12), and
762(15) and 112.3143(3).
763     (b)  A member of a governing board of a charter school
764operated by a municipality or other public entity is subject to
765the provisions of s. 112.3144, relating to the disclosure of
766financial interests.
767     Section 8.  Subsection (5), paragraph (a) of subsection
768(7), and paragraph (a) of subsection (11) of section 1002.335,
769Florida Statutes, are amended to read:
770     1002.335  Florida Schools of Excellence Commission.--
772     (a)  A charter school applicant may submit an application
773to the commission only if the school district in which the FSE
774charter school is to be located has not retained exclusive
775authority to authorize charter schools as provided in paragraph
776(e). If a district school board has not retained exclusive
777authority to authorize charter schools as provided in paragraph
778(e), the district school board and the commission shall have
779concurrent authority to authorize charter schools and FSE
780charter schools, respectively, to be located within the
781geographic boundaries of the school district. The district
782school board shall monitor and oversee all charter schools
783authorized by the district school board pursuant to s. 1002.33.
784The commission shall monitor and oversee all FSE charter schools
785sponsored by the commission pursuant to subsection (4).
786     (b)  Paragraph (e) may not be construed to eliminate the
787ability of a district school board to authorize charter schools
788pursuant to s. 1002.33. A district school board shall retain the
789authority to reauthorize and to oversee any charter school that
790it has authorized, except with respect to any charter school
791that is converted to an FSE charter school under this section.
792     (c)  For fiscal year 2008-2009 and every 4 fiscal years
793thereafter 2007-2008 and for each fiscal year thereafter, a
794district school board may seek to retain exclusive authority to
795authorize charter schools within the geographic boundaries of
796the school district by presenting to the State Board of
797Education, on or before March 1 of the fiscal year prior to that
798for which the exclusive authority is to apply, a written
799resolution adopted by the district school board indicating the
800intent to seek retain exclusive authority to authorize charter
801schools. A district school board may seek to retain the
802exclusive authority to authorize charter schools by presenting
803to the state board the written resolution on or before a date 60
804days after establishment of the commission. The written
805resolution shall be accompanied by a written description
806addressing the elements described in paragraph (e). The district
807school board shall provide a complete copy of the resolution,
808including the description, to each charter school authorized by
809the district school board on or before the date it submits the
810resolution to the state board.
811     (d)  A party may challenge the grant of exclusive authority
812made by the State Board of Education pursuant to paragraph (e)
813by filing with the state board a notice of challenge within 30
814days after the state board grants exclusive authority. The
815notice shall be accompanied by a specific written description of
816the basis for the challenge. The challenging party, at the time
817of filing notice with the state board, shall provide a copy of
818the notice of challenge to the district school board that has
819been granted exclusive authority. The state board shall permit
820the district school board the opportunity to appear and respond
821in writing to the challenge. The state board shall make a
822determination upon the challenge within 60 days after receiving
823the notice of challenge.
824     (e)  The State Board of Education shall grant to a district
825school board exclusive authority to authorize charter schools
826within the geographic boundaries of the school district if the
827state board determines, after adequate notice, in a public
828hearing, and after receiving input from any charter school
829authorized by the district school board, that the district
830school board has provided fair and equitable treatment to its
831charter schools during the 4 years prior to the district school
832board's submission of the resolution described in paragraph (c).
833The state board's review of the resolution shall, at a minimum,
834include consideration of the following:
835     1.  Compliance with the provisions of s. 1002.33.
836     2.  Compliance with full and accurate accounting practices
837and charges for central administrative overhead costs.
838     3.  Compliance with requirements allowing a charter school,
839at its discretion, to purchase certain services or a combination
840of services at actual cost to the district.
841     4.  The absence of a district school board moratorium
842regarding charter schools or the absence of any districtwide
843charter school enrollment limits.
844     5.  Compliance with valid orders of the state board.
845     6.  The provision of assistance to charter schools to meet
846their facilities needs by including those needs in local bond
847issues or otherwise providing available land and facilities that
848are comparable to those provided to other public school students
849in the same grade levels within the school district.
850     7.  The distribution to charter schools authorized by the
851district school board of a pro rata share of federal and state
852grants received by the district school board, except for any
853grant received for a particular purpose which, by its express
854terms, is intended to benefit a student population not able to
855be served by, or a program not able to be offered at, a charter
856school that did not receive a proportionate share of such grant
858     8.  The provision of adequate staff and other resources to
859serve charter schools authorized by the district school board,
860which services are provided by the district school board at a
861cost to the charter schools that does not exceed their actual
862cost to the district school board.
863     9.  The lack of a policy or practice of imposing individual
864charter school enrollment limits, except as otherwise provided
865by law.
866     10.  The provision of an adequate number of educational
867choice programs to serve students exercising their rights to
868transfer pursuant to the "No Child Left Behind Act of 2001,"
869Pub. L. No. 107-110, and a history of charter school approval
870that encourages chartering.
871     (f)  The decision of the State Board of Education to grant
872or deny exclusive authority to a district school board pursuant
873to paragraph (e) shall be effective for 4 fiscal years, shall
874not be subject to the provisions of chapter 120, and shall be a
875final action subject to judicial review by the district court of
877     (g)  For district school boards that have no discernible
878history of authorizing charter schools, the State Board of
879Education may not grant exclusive authority unless the district
880school board demonstrates that no approvable application has
881come before the district school board.
882     (h)  A grant of exclusive authority by the State Board of
883Education shall continue so long as a district school board
884continues to comply with this section and has presented a
885written resolution to the state board as set forth in paragraph
887     (h)(i)  Notwithstanding any other provision of this section
888to the contrary, a district school board may permit the
889establishment of one or more FSE charter schools within the
890geographic boundaries of the school district by adopting a
891favorable resolution and submitting the resolution to the State
892Board of Education. The resolution shall be effective until it
893is rescinded by resolution of the district school board.
895     (a)  Upon approval of a cosponsor, the commission and the
896cosponsor shall enter into an agreement that defines the
897cosponsor's rights and obligations and includes the following:
898     1.  An explanation of the personnel, contractual and
899interagency relationships, and potential revenue sources
900referenced in the application as required in paragraph (6)(c).
901     2.  Incorporation of the requirements of equal access for
902all students, including any plans to provide food service or
903transportation reasonably necessary to provide access to as many
904students as possible.
905     3.  Incorporation of the requirement to serve low-income,
906low-performing, gifted, or underserved student populations.
907     4.  An explanation of the academic and financial goals and
908expected outcomes for the cosponsor's charter schools and the
909method and plans by which they will be measured and achieved as
910referenced in the application.
911     5.  The conflict-of-interest policies referenced in the
913     6.  An explanation of the disposition of facilities and
914assets upon termination and dissolution of a charter school
915approved by the cosponsor.
916     7.a.  A provision requiring the cosponsor to annually
917appear before the commission and provide a report as to the
918information provided pursuant to s. 1002.33(9)(k)(l) for each of
919its charter schools.
920     b.  A provision requiring the cosponsor to perform the
921duties provided for in s. 1002.345.
922     c.  A provision requiring the governing board to perform
923the duties provided for in s. 1002.345, including monitoring the
924corrective action plan.
925     8.  A provision requiring that the cosponsor report the
926student enrollment in each of its sponsored charter schools to
927the district school board of the county in which the school is
929     9.  A provision requiring that the cosponsor work with the
930commission to provide the necessary reports to the State Board
931of Education.
932     10.  Any other reasonable terms deemed appropriate by the
933commission given the unique characteristics of the cosponsor.
935     (a)  The provisions of s. 1002.33(7)-(12), (14), and (16)-
936(19), (21)(b), (24), and (25) shall apply to the commission and
937the cosponsors and charter schools approved pursuant to this
939     Section 9.  Subsections (4) and (5), paragraphs (d) and (f)
940of subsection (6), subsection (8), paragraph (c) of subsection
941(10), and subsection (13) of section 1002.34, Florida Statutes,
942are amended to read:
943     1002.34  Charter technical career centers.--
944     (4)  CHARTER.--A sponsor may designate centers as provided
945in this section. An application to establish a center may be
946submitted by a sponsor or another organization that is
947determined, by rule of the State Board of Education, to be
948appropriate. However, an independent school is not eligible for
949status as a center. The charter must be signed by the governing
950body of the center and the sponsor, and must be approved by the
951district school board and community college board of trustees in
952whose geographic region the facility is located. If a charter
953technical career center is established by the conversion to
954charter status of a public technical center formerly governed by
955a district school board, the charter status of that center takes
956precedence in any question of governance. The governance of the
957center or of any program within the center remains with its
958board of directors unless the board agrees to a change in
959governance or its charter is revoked as provided in subsection
960(15). Such a conversion charter technical career center is not
961affected by a change in the governance of public technical
962centers or of programs within other centers that are or have
963been governed by district school boards. A charter technical
964career center, or any program within such a center, that was
965governed by a district school board and transferred to a
966community college prior to the effective date of this act is not
967affected by this provision. An applicant who wishes to establish
968a center must submit to the district school board or community
969college board of trustees, or a consortium of one or more of
970each, an application on a form developed by the Department of
971Education that includes:
972     (a)  The name of the proposed center.
973     (b)  The proposed structure of the center, including a list
974of proposed members of the board of directors or a description
975of the qualifications for and method of their appointment or
977     (c)  The workforce development goals of the center, the
978curriculum to be offered, and the outcomes and the methods of
979assessing the extent to which the outcomes are met.
980     (d)  The admissions policy and criteria for evaluating the
981admission of students.
982     (e)  A description of the staff responsibilities and the
983proposed qualifications of the teaching staff.
984     (f)  A description of the procedures to be implemented to
985ensure significant involvement of representatives of business
986and industry in the operation of the center.
987     (g)  A method for determining whether a student has
988satisfied the requirements for graduation specified in s.
9891003.43 and for completion of a postsecondary certificate or
991     (h)  A method for granting secondary and postsecondary
992diplomas, certificates, and degrees.
993     (i)  A description of and address for the physical facility
994in which the center will be located.
995     (j)  A method of resolving conflicts between the governing
996body of the center and the sponsor and between consortium
997members, if applicable.
998     (k)  A method for reporting student data as required by law
999and rule.
1000     (l)  The identity of all relatives employed by the charter
1001technical career center who are related to the center owner,
1002president, chair of the governing board of directors,
1003superintendent, governing board member, principal, assistant
1004principal, or any other person employed by the center who has
1005equivalent decisionmaking authority. As used in this paragraph,
1006the term "relative" means father, mother, son, daughter,
1007brother, sister, husband, wife, father-in-law, mother-in-law,
1008son-in-law, daughter-in-law, brother-in-law, sister-in-law,
1009stepfather, stepmother, stepson, stepdaughter, stepbrother,
1010stepsister, half brother, or half sister.
1011     (m)(l)  Other information required by the district school
1012board or community college board of trustees.
1014Students at a center must meet the same testing and academic
1015performance standards as those established by law and rule for
1016students at public schools and public technical centers. The
1017students must also meet any additional assessment indicators
1018that are included within the charter approved by the district
1019school board or community college board of trustees.
1020     (5)  APPLICATION.--An application to establish a center
1021must be submitted by February 1 of the year preceding the school
1022year in which the center will begin operation. The sponsor must
1023review the application using an evaluation instrument developed
1024by the Department of Education and make a final decision on
1025whether to approve the application and grant the charter by
1026March 1, and may condition the granting of a charter on the
1027center's taking certain actions or maintaining certain
1028conditions. Such actions and conditions must be provided to the
1029applicant in writing. The district school board or community
1030college board of trustees is not required to issue a charter to
1031any person.
1032     (6)  SPONSOR.--A district school board or community college
1033board of trustees or a consortium of one or more of each may
1034sponsor a center in the county in which the board has
1036     (d)  The Department of Education shall offer or arrange for
1037training and technical assistance to applicants in developing
1038business plans and estimating costs and income. This assistance
1039shall address estimating startup costs, projecting enrollment,
1040and identifying the types and amounts of state and federal
1041financial assistance the center will be eligible to receive. The
1042training shall include instruction in accurate financial
1043planning and good business practices may provide technical
1044assistance to an applicant upon written request.
1045     (f)  The sponsor shall monitor and review the center's
1046progress toward charter goals and shall monitor the center's
1047revenues and expenditures. The sponsor shall perform the duties
1048provided for in s. 1002.345.
1049     (8)  ELIGIBLE STUDENTS.--
1050     (a)  A center must be open to all students as space is
1051available and may not discriminate in admissions policies or
1052practices on the basis of an individual's physical disability or
1053proficiency in English or on any other basis that would be
1054unlawful if practiced by a public school or a community college.
1055A center may establish reasonable criteria by which to evaluate
1056prospective students, which criteria must be outlined in the
1058     (b)  The calculation under s. 1003.03 for class size
1059compliance for a center shall be the average for the applicable
1060grade grouping at the school level established at the October
1061student membership survey of the district in which the center is
1064     (c)  A center must comply with the antidiscrimination
1065provisions of s. 1000.05 and the provisions of s. 1002.33(24)
1066relating to the employment of relatives.
1067     (13)  BOARD OF DIRECTORS AUTHORITY.--The board of directors
1068of a center may decide matters relating to the operation of the
1069school, including budgeting, curriculum, and operating
1070procedures, subject to the center's charter. The board of
1071directors is responsible for performing the duties provided for
1072in s. 1002.345, including monitoring the corrective action plan.
1073The board of directors must comply with the provisions of s.
10741002.33 (25).
1075     Section 10.  Section 1002.345, Florida Statutes, is created
1076to read:
1077     1002.345  Determination of financial weaknesses and
1078financial emergencies for charter schools and charter technical
1079career centers.--This section applies to charter schools
1080operating pursuant to ss. 1002.33 and 1002.335, and to charter
1081technical career centers operating pursuant to s. 1002.34.
1083     (a)  A charter school and a charter technical career center
1084shall be subject to an expedited review by the sponsor when any
1085one of the following conditions occurs:
1086     1.  An end-of-year financial deficit.
1087     2.  A substantial decline in student enrollment without a
1088commensurate reduction in expenses.
1089     3.  Insufficient revenues to pay current operating
1091     4.  Insufficient revenues to pay long-term expenses.
1092     5.  Disproportionate administrative expenses.
1093     6.  Excessive debt.
1094     7.  Excessive expenditures.
1095     8.  Inadequate fund balances or reserves.
1096     9.  Failure to meet financial reporting requirements
1097pursuant to s. 1002.33(9), s. 1002.335(7)(a)7., or s.
1099     10.  Weak financial controls or other adverse financial
1100conditions identified through an annual audit conducted pursuant
1101to s. 218.39.
1102     11.  Negative financial findings cited in reports by the
1103Auditor General or the Office of Program Policy Analysis and
1104Government Accountability.
1105     (b)  A sponsor shall notify the governing board within 7
1106working days when one or more of the conditions specified in
1107paragraph (a) occur.
1108     (c)  The governing board and the sponsor shall develop a
1109corrective action plan and file the plan with the Commissioner
1110of Education within 30 working days. If the governing board and
1111the sponsor are unable to agree on a corrective action plan, the
1112Commissioner of Education shall determine the components of the
1113plan. The governing board shall implement the plan.
1114     (d)  The governing board shall include the corrective
1115action plan and the status of its implementation in the annual
1116progress report to the sponsor that is required under s.
11171002.33(9)(k), s. 1002.335(7)(a)7., or s. 1002.34(14).
1118     (e)  If the governing board fails to implement the
1119corrective action plan within 1 year, the State Board of
1120Education shall prescribe any steps necessary for the charter
1121school or the charter technical career center to comply with
1122state requirements.
1123     (f)  The chair of the governing board shall annually appear
1124before the State Board of Education and report on the
1125implementation of the State Board of Education's requirements.
1128     (a)  A charter school and a charter technical career center
1129shall provide for a certified public accountant or auditor to
1130conduct an annual financial audit in accordance with s. 218.39.
1131     (b)  The charter shall ensure that, if an annual financial
1132audit of a charter school or charter technical career center
1133reveals one or more of the conditions in s. 218.503(1) have
1134occurred or will occur if action is not taken or if a charter
1135school or charter technical career center has a deficit fund
1136balance or deficit net assets, the auditor must notify the
1137governing board of the charter school or charter technical
1138career center, as appropriate, the sponsor, and the Commissioner
1139of Education.
1140     (c)1.  When a financial audit conducted by a certified
1141public accountant in accordance with s. 218.39 reveals that one
1142or more of the conditions in s. 218.503(1) have occurred or will
1143occur if action is not taken or when a deficit fund balance or
1144deficit net assets exist, the auditor shall notify and provide
1145the financial audit to the governing board of the charter school
1146or charter technical career center, as appropriate, the sponsor,
1147and the Commissioner of Education within 7 working days after
1148the finding is made.
1149     2.  When the charter school or charter technical career
1150center is found to be in a state of financial emergency pursuant
1151to s. 218.503(4), the charter school or charter technical career
1152center shall file a detailed financial recovery plan as provided
1153for in s. 218.503 with the sponsor within 30 days after being
1154notified by the Commissioner of Education that a financial
1155recovery plan is needed.
1156     (d)  The sponsor shall file a copy of the financial
1157recovery plan with the Commissioner of Education.
1158     (e)  The governing board shall include the financial
1159recovery plan and the status of its implementation in the annual
1160progress report to the sponsor which is required under s.
11611002.33(9)(k), s. 1002.335(7)(a)7., or s. 1002.34(14).
1162     (3)  REPORT.--The Commissioner of Education shall annually
1163report to the State Board of Education each charter school and
1164charter technical career center that is subject to a financial
1165recovery plan or a corrective action plan under this section.
1166     (4)  RULES.--The State Board of Education shall adopt rules
1167pursuant to ss. 120.536(1) and 120.54 for developing financial
1168recovery and corrective action plans and establishing the
1169criteria for defining each of the conditions in subsection (1).
1170     (5)  TECHNICAL ASSISTANCE.--The Department of Education
1171shall provide technical assistance to charter schools, charter
1172technical career centers, governing boards, and sponsors in
1173developing financial recovery and corrective action plans.
1174     (6)  FAILURE TO CORRECT DEFICIENCIES.--The sponsor may
1175choose not to renew or may terminate a charter if the charter
1176school or charter technical career center fails to correct the
1177deficiencies noted in the corrective action plan within 1 year
1178or exhibits one or more financial emergency conditions as
1179provided in s. 218.503(1)(a)-(d) for 2 consecutive years. This
1180subsection is not intended to affect a sponsor's authority to
1181terminate or not renew a charter pursuant to s. 1002.33(8).
1182     Section 11.  Paragraph (f) is added to subsection (2) of
1183section 1013.62, Florida Statutes, to read:
1184     1013.62  Charter schools capital outlay funding.--
1185     (2)  A charter school's governing body may use charter
1186school capital outlay funds for the following purposes:
1187     (f)  Any of the purposes set forth in s. 1011.71(2).
1189Conversion charter schools may use capital outlay funds received
1190through the reduction in the administrative fee provided in s.
11911002.33(20) for renovation, repair, and maintenance of school
1192facilities that are owned by the sponsor.
T I T L E  A M E N D M E N T
1197     Remove lines 34-92 and insert:
1198charter schools to provide quarterly or monthly financial
1199statements under specified circumstances; revising
1200provisions relating to a charter school's annual report;
1201revising provisions relating to student eligibility to
1202attend a charter school; revising the calculation
1203requirements for class size compliance by charter schools;
1204providing requirements for distribution of funds to
1205charter schools; providing priority to charter schools for
1206the lease or purchase of surplused, disposed, or unused
1207public school property and facilities; requiring a sponsor
1208to provide additional services relating to school lunches
1209under the federal lunch program; providing for the
1210disclosure of the performance of charter schools that are
1211not given a school grade or school improvement rating;
1212providing reporting requirements; providing restrictions
1213for the employment of relatives by charter school
1214personnel; providing that members of a charter school
1215governing board are subject to certain standards of
1216conduct and financial disclosure; amending s. 1002.335,
1217F.S., relating to the Florida Schools of Excellence
1218Commission; revising provisions relating to exclusive
1219authority to authorize charter schools; eliminating the
1220requirement for district school boards to annually seek
1221continued exclusivity from the State Board of Education;
1222providing that a grant or denial of exclusivity shall be
1223effective for 4 fiscal years; specifying additional
1224components of cosponsor agreements; providing for
1225application of performance disclosure requirements for
1226charter schools that are not graded or rated; providing
1227for application of restrictions on the employment of
1228relatives and certain standards of conduct and financial
1229disclosure; amending s. 1002.34, F.S.; providing
1230additional duties for charter technical career centers,
1231applicants, sponsors, and governing boards; requiring the
1232Department of Education to offer or arrange training and
1233assistance to applicants for a charter technical career
1234center; revising the calculation requirements for class
1235size compliance by charter technical career centers;
1236providing for application of restrictions on the
1237employment of relatives and certain standards of conduct
1238and financial disclosure; creating s. 1002.345, F.S.;
1239establishing criteria and requirements for charter schools
1240and charter technical career centers that have financial
1241weaknesses or are in a state of financial emergency;
1242establishing requirements for charter schools, charter
1243technical career centers, governing boards, and sponsors;
1244requiring financial audits of charter schools and charter
1245technical career centers; providing for corrective action
1246and financial recovery plans; providing for duties of
1247auditors, the Commissioner of Education, and the
1248Department of Education; requiring the State Board of
1249Education to adopt rules; providing grounds for
1250termination or nonrenewal of a charter; amending s.
12511013.62, F.S.; authorizing additional uses for charter
1252school capital outlay funds; providing an effective date.

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