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; deleting |
8 | an obsolete provision; amending s. 1002.33, F.S.; revising |
9 | provisions relating to appeal of a charter school |
10 | application denial; revising provisions relating to |
11 | charter school renewal terms; revising provisions relating |
12 | to a charter school's annual report; revising provisions |
13 | relating to student eligibility to attend a charter |
14 | school; providing requirements for distribution of funds |
15 | to charter schools; providing priority to charter schools |
16 | for the lease or purchase of public school property and |
17 | facilities; requiring a sponsor to provide additional |
18 | services relating to school lunches under the federal |
19 | lunch program; amending s. 1003.03, F.S.; providing for |
20 | calculation for compliance with class size maximums for |
21 | certain schools and programs; amending s. 1011.71, F.S., |
22 | relating to district school tax; providing that use of |
23 | capital improvement millage for district schools include |
24 | charter schools; amending s. 1013.62, F.S.; authorizing |
25 | additional uses for charter school capital outlay funds; |
26 | providing an effective date. |
27 |
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28 | Be It Enacted by the Legislature of the State of Florida: |
29 |
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30 | Section 1. Paragraphs (a) and (b) of subsection (13) of |
31 | section 121.091, Florida Statutes, are amended to read: |
32 | 121.091 Benefits payable under the system.--Benefits may |
33 | not be paid under this section unless the member has terminated |
34 | employment as provided in s. 121.021(39)(a) or begun |
35 | participation in the Deferred Retirement Option Program as |
36 | provided in subsection (13), and a proper application has been |
37 | filed in the manner prescribed by the department. The department |
38 | may cancel an application for retirement benefits when the |
39 | member or beneficiary fails to timely provide the information |
40 | and documents required by this chapter and the department's |
41 | rules. The department shall adopt rules establishing procedures |
42 | for application for retirement benefits and for the cancellation |
43 | of such application when the required information or documents |
44 | are not received. |
45 | (13) DEFERRED RETIREMENT OPTION PROGRAM.--In general, and |
46 | subject to the provisions of this section, the Deferred |
47 | Retirement Option Program, hereinafter referred to as the DROP, |
48 | is a program under which an eligible member of the Florida |
49 | Retirement System may elect to participate, deferring receipt of |
50 | retirement benefits while continuing employment with his or her |
51 | Florida Retirement System employer. The deferred monthly |
52 | benefits shall accrue in the System Trust Fund on behalf of the |
53 | participant, plus interest compounded monthly, for the specified |
54 | period of the DROP participation, as provided in paragraph (c). |
55 | Upon termination of employment, the participant shall receive |
56 | the total DROP benefits and begin to receive the previously |
57 | determined normal retirement benefits. Participation in the DROP |
58 | does not guarantee employment for the specified period of DROP. |
59 | Participation in the DROP by an eligible member beyond the |
60 | initial 60-month period as authorized in this subsection shall |
61 | be on an annual contractual basis for all participants. |
62 | (a) Eligibility of member to participate in the DROP.--All |
63 | active Florida Retirement System members in a regularly |
64 | established position, and all active members of either the |
65 | Teachers' Retirement System established in chapter 238 or the |
66 | State and County Officers' and Employees' Retirement System |
67 | established in chapter 122, which systems are consolidated |
68 | within the Florida Retirement System under s. 121.011, are |
69 | eligible to elect participation in the DROP if provided that: |
70 | 1. The member is not a renewed member of the Florida |
71 | Retirement System under s. 121.122, or a member of the State |
72 | Community College System Optional Retirement Program under s. |
73 | 121.051, the Senior Management Service Optional Annuity Program |
74 | under s. 121.055, or the optional retirement program for the |
75 | State University System under s. 121.35. |
76 | 2. Except as provided in subparagraph 6., election to |
77 | participate is made within 12 months immediately following the |
78 | date on which the member first reaches normal retirement date, |
79 | or, for a member who reaches normal retirement date based on |
80 | service before he or she reaches age 62, or age 55 for Special |
81 | Risk Class members, election to participate may be deferred to |
82 | the 12 months immediately following the date the member attains |
83 | 57, or age 52 for Special Risk Class members. For a member who |
84 | first reached normal retirement date or the deferred eligibility |
85 | date described above prior to the effective date of this |
86 | section, election to participate shall be made within 12 months |
87 | after the effective date of this section. A member who fails to |
88 | make an election within the such 12-month limitation period |
89 | shall forfeit all rights to participate in the DROP. The member |
90 | shall advise his or her employer and the division in writing of |
91 | the date on which the DROP shall begin. The Such beginning date |
92 | may be subsequent to the 12-month election period, but must be |
93 | within the 60-month or, with respect to members who are |
94 | instructional personnel employed by the Florida School for the |
95 | Deaf and the Blind and who have received authorization by the |
96 | Board of Trustees of the Florida School for the Deaf and the |
97 | Blind to participate in the DROP beyond 60 months, or who are |
98 | instructional personnel as defined in s. 1012.01(2)(a)-(d) in |
99 | grades K-12 and who have received authorization by the district |
100 | school superintendent to participate in the DROP beyond 60 |
101 | months, the 96-month maximum participation limitation period as |
102 | provided in subparagraph (b)1. When establishing eligibility of |
103 | the member to participate in the DROP for the 60-month or, with |
104 | respect to members who are instructional personnel employed by |
105 | the Florida School for the Deaf and the Blind and who have |
106 | received authorization by the Board of Trustees of the Florida |
107 | School for the Deaf and the Blind to participate in the DROP |
108 | beyond 60 months, or who are instructional personnel as defined |
109 | in s. 1012.01(2)(a)-(d) in grades K-12 and who have received |
110 | authorization by the district school superintendent to |
111 | participate in the DROP beyond 60 months, the 96-month maximum |
112 | participation period, the member may elect to include or exclude |
113 | any optional service credit purchased by the member from the |
114 | total service used to establish the normal retirement date. A |
115 | member with dual normal retirement dates is shall be eligible to |
116 | elect to participate in DROP within 12 months after attaining |
117 | normal retirement date in either class. |
118 | 3. The employer of a member electing to participate in the |
119 | DROP, or employers if dually employed, shall acknowledge in |
120 | writing to the division the date the member's participation in |
121 | the DROP begins and the date the member's employment and DROP |
122 | participation will terminate. |
123 | 4. Simultaneous employment of a participant by additional |
124 | Florida Retirement System employers subsequent to the |
125 | commencement of participation in the DROP is shall be |
126 | permissible provided such employers acknowledge in writing a |
127 | DROP termination date no later than the participant's existing |
128 | termination date or the 60-month participation limitation period |
129 | as provided in subparagraph (b)1. |
130 | 5. A DROP participant may change employers while |
131 | participating in the DROP, subject to the following: |
132 | a. A change of employment must take place without a break |
133 | in service so that the member receives salary for each month of |
134 | continuous DROP participation. If a member receives no salary |
135 | during a month, DROP participation shall cease unless the |
136 | employer verifies a continuation of the employment relationship |
137 | for such participant pursuant to s. 121.021(39)(b). |
138 | b. Such participant and new employer shall notify the |
139 | division of the identity of the new employer on forms required |
140 | by the division as to the identity of the new employer. |
141 | c. The new employer shall acknowledge, in writing, the |
142 | participant's DROP termination date, which may be extended but |
143 | not beyond the original 60-month or, with respect to members who |
144 | are instructional personnel employed by the Florida School for |
145 | the Deaf and the Blind and who have received authorization by |
146 | the Board of Trustees of the Florida School for the Deaf and the |
147 | Blind to participate in the DROP beyond 60 months, or who are |
148 | instructional personnel as defined in s. 1012.01(2)(a)-(d) in |
149 | grades K-12 and who have received authorization by the district |
150 | school superintendent to participate in the DROP beyond 60 |
151 | months, the 96-month maximum participation period provided in |
152 | subparagraph (b)1., shall acknowledge liability for any |
153 | additional retirement contributions and interest required if the |
154 | participant fails to timely terminate employment, and shall be |
155 | subject to the adjustment required in sub-subparagraph (c)5.d. |
156 | 6. Effective July 1, 2001, for instructional personnel as |
157 | defined in s. 1012.01 s. 1012.01(2), election to participate in |
158 | the DROP may shall be made at any time following the date on |
159 | which the member first reaches normal retirement date. The |
160 | member shall advise his or her employer and the division in |
161 | writing of the date on which the DROP Deferred Retirement Option |
162 | Program shall begin. When establishing eligibility of the member |
163 | to participate in the DROP for the 60-month or, with respect to |
164 | members who are instructional personnel employed by the Florida |
165 | School for the Deaf and the Blind and who have received |
166 | authorization by the Board of Trustees of the Florida School for |
167 | the Deaf and the Blind to participate in the DROP beyond 60 |
168 | months, or who are instructional personnel as defined in s. |
169 | 1012.01(2)(a)-(d) in grades K-12 and who have received |
170 | authorization by the district school superintendent to |
171 | participate in the DROP beyond 60 months, the 96-month maximum |
172 | participation period, as provided in subparagraph (b)1., the |
173 | member may elect to include or exclude any optional service |
174 | credit purchased by the member from the total service used to |
175 | establish the normal retirement date. A member with dual normal |
176 | retirement dates is shall be eligible to elect to participate in |
177 | either class. |
178 | (b) Participation in the DROP.-- |
179 | 1. An eligible member may elect to participate in the DROP |
180 | for a period not to exceed a maximum of 60 calendar months or, |
181 | with respect to members who are instructional personnel employed |
182 | by the Florida School for the Deaf and the Blind and who have |
183 | received authorization by the Board of Trustees of the Florida |
184 | School for the Deaf and the Blind to participate in the DROP |
185 | beyond 60 months, or who are instructional personnel as defined |
186 | in s. 1012.01(2)(a)-(d) in prekindergarten through grade 12 who |
187 | are funded through the Florida Education Finance Program and |
188 | employed by a public school grades K-12 and who have received |
189 | authorization by the district school superintendent to |
190 | participate in the DROP beyond 60 calendar months, or who are |
191 | instructional personnel as defined in s. 1012.01(2)(a)-(d) in |
192 | prekindergarten through grade 12 who are funded through the |
193 | Florida Education Finance Program and employed by a charter |
194 | school and who have received authorization from the governing |
195 | board of the charter school to participate in the DROP beyond 60 |
196 | calendar months, 96 calendar months immediately following the |
197 | date on which the member first reaches his or her normal |
198 | retirement date or the date to which he or she is eligible to |
199 | defer his or her election to participate as provided in |
200 | subparagraph (a)2. However, a member who has reached normal |
201 | retirement date prior to the effective date of the DROP is shall |
202 | be eligible to participate in the DROP for up to for a period of |
203 | time not to exceed 60 calendar months or, with respect to |
204 | members who are instructional personnel employed by the Florida |
205 | School for the Deaf and the Blind and who have received |
206 | authorization by the Board of Trustees of the Florida School for |
207 | the Deaf and the Blind to participate in the DROP beyond 60 |
208 | months, or who are instructional personnel as defined in s. |
209 | 1012.01(2)(a)-(d) in grades K-12 and who have received |
210 | authorization by the district school superintendent to |
211 | participate in the DROP beyond 60 calendar months, 96 calendar |
212 | months, as appropriate, immediately following the effective date |
213 | of the DROP, except that a member of the Special Risk Class who |
214 | has reached normal retirement date prior to the effective date |
215 | of the DROP and whose total accrued value exceeds 75 percent of |
216 | average final compensation as of his or her effective date of |
217 | retirement may shall be eligible to participate in the DROP for |
218 | no more than 36 calendar months immediately following the |
219 | effective date of the DROP. |
220 | 2. Upon deciding to participate in the DROP, the member |
221 | shall submit, on forms required by the division: |
222 | a. A written election to participate in the DROP; |
223 | b. Selection of the DROP participation and termination |
224 | dates, which satisfy the limitations stated in paragraph (a) and |
225 | subparagraph 1. The Such termination date must shall be in a |
226 | binding letter of resignation to with the employer, establishing |
227 | a deferred termination date. The member may change the |
228 | termination date within the limitations of subparagraph 1., but |
229 | only with the written approval of the his or her employer; |
230 | c. A properly completed DROP application for service |
231 | retirement as provided in this section; and |
232 | d. Any other information required by the division. |
233 | 3. The DROP participant shall be a retiree under the |
234 | Florida Retirement System for all purposes, except for paragraph |
235 | (5)(f) and subsection (9) and ss. 112.3173, 112.363, 121.053, |
236 | and 121.122. However, participation in the DROP does not alter |
237 | the participant's employment status and the member is such |
238 | employee shall not be deemed retired from employment until his |
239 | or her deferred resignation is effective and termination occurs |
240 | as provided in s. 121.021(39). |
241 | 4. Elected officers shall be eligible to participate in |
242 | the DROP subject to the following: |
243 | a. An elected officer who reaches normal retirement date |
244 | during a term of office may defer the election to participate in |
245 | the DROP until the next succeeding term in that office. An Such |
246 | elected officer who exercises this option may participate in the |
247 | DROP for up to 60 calendar months or for a period of no longer |
248 | than the such succeeding term of office, whichever is less. |
249 | b. An elected or a nonelected participant may run for a |
250 | term of office while participating in DROP and, if elected, |
251 | extend the DROP termination date accordingly, except that, |
252 | however, if such additional term of office exceeds the 60-month |
253 | limitation established in subparagraph 1., and the officer does |
254 | not resign from office within the such 60-month limitation, the |
255 | retirement and the participant's DROP shall be null and void as |
256 | provided in sub-subparagraph (c)5.d. |
257 | c. An elected officer who is dually employed and elects to |
258 | participate in DROP shall be required to satisfy the definition |
259 | of termination within the 60-month or, with respect to members |
260 | who are instructional personnel employed by the Florida School |
261 | for the Deaf and the Blind and who have received authorization |
262 | by the Board of Trustees of the Florida School for the Deaf and |
263 | the Blind to participate in the DROP beyond 60 months, or who |
264 | are instructional personnel as defined in s. 1012.01(2)(a)-(d) |
265 | in grades K-12 and who have received authorization by the |
266 | district school superintendent to participate in the DROP beyond |
267 | 60 months, the 96-month maximum participation limitation period |
268 | as provided in subparagraph 1. for the nonelected position and |
269 | may continue employment as an elected officer as provided in s. |
270 | 121.053. The elected officer shall will be enrolled as a renewed |
271 | member in the Elected Officers' Class or the Regular Class, as |
272 | provided in ss. 121.053 and 121.122, on the first day of the |
273 | month after termination of employment in the nonelected position |
274 | and termination of DROP. Distribution of the DROP benefits shall |
275 | be made as provided in paragraph (c). |
276 | Section 2. Paragraph (d) of subsection (6), paragraph (b) |
277 | of subsection (7), paragraph (l) of subsection (9), paragraph |
278 | (a) of subsection (10), paragraphs (b) and (c) of subsection |
279 | (17), paragraph (e) of subsection (18), and paragraph (a) of |
280 | subsection (20) of section 1002.33, Florida Statutes, are |
281 | amended to read: |
282 | 1002.33 Charter schools.-- |
283 | (6) APPLICATION PROCESS AND REVIEW.--Charter school |
284 | applications are subject to the following requirements: |
285 | (d) For charter school applications in school districts |
286 | that have not been granted exclusive authority to sponsor |
287 | charter schools pursuant to s. 1002.335(5), the right to appeal |
288 | an application denial under paragraph (c) shall be contingent on |
289 | the applicant having submitted the same or a substantially |
290 | similar application to the district school board and the Florida |
291 | Schools of Excellence Commission or one of its cosponsors. Any |
292 | such applicant whose application is denied by the commission or |
293 | one of its cosponsors and subsequent to its denial by the |
294 | district school board may exercise its right to appeal the |
295 | district school board's denial under paragraph (c) within 30 |
296 | days after receipt of the commission's or cosponsor's denial or |
297 | failure to act on the application. However, the applicant |
298 | forfeits its right to appeal under paragraph (c) if it fails to |
299 | submit its application to the commission or one of its |
300 | cosponsors by August 1 of the school year immediately following |
301 | the district school board's denial of the application. |
302 | (7) CHARTER.--The major issues involving the operation of |
303 | a charter school shall be considered in advance and written into |
304 | the charter. The charter shall be signed by the governing body |
305 | of the charter school and the sponsor, following a public |
306 | hearing to ensure community input. |
307 | (b)1. A charter may be renewed if provided that a program |
308 | review demonstrates that the criteria in paragraph (a) have been |
309 | successfully accomplished and that none of the grounds for |
310 | nonrenewal established by paragraph (8)(a) has been documented. |
311 | In order to facilitate long-term financing for charter school |
312 | construction, charter schools operating for a minimum of 3 years |
313 | and demonstrating exemplary academic programming and fiscal |
314 | management must be provided the option of are eligible for a 15- |
315 | year charter renewal. A Such long-term charter is subject to |
316 | annual review and may be terminated during the term of the |
317 | charter. |
318 | 2. The 15-year charter renewal must be offered by a |
319 | sponsor that may be granted pursuant to subparagraph 1. shall be |
320 | granted to a charter school that has received a school grade of |
321 | "A" or "B" pursuant to s. 1008.34 in 3 of the past 4 years and |
322 | is not in a state of financial emergency or deficit position as |
323 | defined by this section. Such long-term charter is subject to |
324 | annual review and may be terminated during the term of the |
325 | charter pursuant to subsection (8). |
326 | (9) CHARTER SCHOOL REQUIREMENTS.-- |
327 | (l) The governing body of the charter school shall report |
328 | its progress annually to its sponsor, which shall forward the |
329 | report to the Commissioner of Education at the same time as |
330 | other annual school accountability reports. The Department of |
331 | Education shall develop a uniform, online annual accountability |
332 | report format to be completed by charter schools. This report |
333 | shall be easy to utilize and contain demographic information, |
334 | student performance data, and financial accountability |
335 | information. A charter school may directly access, complete, and |
336 | correct school data and information in the online accountability |
337 | report. The sponsor shall review the report before final |
338 | submission to shall not be required to provide information and |
339 | data that is duplicative and already in the possession of the |
340 | department. The department of Education shall include in its |
341 | compilation a notation if a school failed to file its report by |
342 | the deadline established by the department. The report shall |
343 | include at least the following components: |
344 | 1. Student achievement performance data, including the |
345 | information required for the annual school report and the |
346 | education accountability system governed by ss. 1008.31 and |
347 | 1008.345. Charter schools are subject to the same accountability |
348 | requirements as other public schools, including reports of |
349 | student achievement information that links baseline student data |
350 | to the school's performance projections identified in the |
351 | charter. The charter school shall identify reasons for any |
352 | difference between projected and actual student performance. |
353 | 2. Financial status of the charter school which must |
354 | include revenues and expenditures at a level of detail that |
355 | allows for analysis of the school's ability to meet financial |
356 | obligations and timely repayment of debt. |
357 | 3. Documentation of the facilities in current use and any |
358 | planned facilities for use by the charter school for instruction |
359 | of students, administrative functions, or investment purposes. |
360 | 4. Descriptive information about the charter school's |
361 | personnel, including salary and benefit levels of charter school |
362 | employees, the proportion of instructional personnel who hold |
363 | professional or temporary certificates, and the proportion of |
364 | instructional personnel teaching in-field or out-of-field. |
365 | (10) ELIGIBLE STUDENTS.-- |
366 | (a) A charter school shall be open to any student covered |
367 | in an interdistrict agreement or residing in the school district |
368 | in which the charter school is located; however, in the case of |
369 | a charter lab school, the charter lab school shall be open to |
370 | any student eligible to attend the lab school as provided in s. |
371 | 1002.32 or who resides in the school district in which the |
372 | charter lab school is located. Any eligible student shall be |
373 | allowed interdistrict transfer to attend a charter school when |
374 | based on good cause. Good cause shall include, but not be |
375 | limited to, geographic proximity to a charter school in a |
376 | neighboring school district. |
377 | (17) FUNDING.--Students enrolled in a charter school, |
378 | regardless of the sponsorship, shall be funded as if they are in |
379 | a basic program or a special program, the same as students |
380 | enrolled in other public schools in the school district. Funding |
381 | for a charter lab school shall be as provided in s. 1002.32. |
382 | (b) The basis for the agreement for funding students |
383 | enrolled in a charter school shall be the sum of the school |
384 | district's operating funds from the Florida Education Finance |
385 | Program as provided in s. 1011.62 and the General Appropriations |
386 | Act, including gross state and local funds, discretionary |
387 | lottery funds, and funds from the school district's current |
388 | operating discretionary millage levy; divided by total funded |
389 | weighted full-time equivalent students in the school district; |
390 | multiplied by the weighted full-time equivalent students for the |
391 | charter school. Charter schools whose students or programs meet |
392 | the eligibility criteria in law shall be entitled to their |
393 | proportionate share of categorical program funds included in the |
394 | total funds available in the Florida Education Finance Program |
395 | by the Legislature, including transportation. Total funding for |
396 | each charter school shall be recalculated during the year to |
397 | reflect the revised calculations under the Florida Education |
398 | Finance Program by the state and the actual weighted full-time |
399 | equivalent students reported by the charter school during the |
400 | full-time equivalent student survey periods designated by the |
401 | Commissioner of Education. Florida Education Finance Program |
402 | funds for a charter school must be distributed to the charter |
403 | school by the sponsor within 10 days after receipt by the state. |
404 | (c) If the sponsor district school board is providing |
405 | programs or services to students funded by federal funds, any |
406 | eligible students enrolled in charter schools in the school |
407 | district shall be provided federal funds for the same level of |
408 | service provided students in the schools operated by the |
409 | district school board. Pursuant to provisions of 20 U.S.C. 8061 |
410 | s. 10306, all charter schools shall receive all federal funding |
411 | for which the school is otherwise eligible, including Title I |
412 | funding and funding under the Individuals with Disabilities |
413 | Education Act, not later than 5 months after the charter school |
414 | first opens and within 5 months after any subsequent expansion |
415 | of enrollment. |
416 | (18) FACILITIES.-- |
417 | (e) If a district school board facility or property is |
418 | available because it is surplus, marked for disposal, or |
419 | otherwise unused, it shall be provided for a charter school's |
420 | use on the same basis as it is made available to other public |
421 | schools in the district. If a school district closes a public |
422 | school, the property and facilities must first be made available |
423 | within 60 days, for lease or purchase, to charter schools within |
424 | the district to be used for educational purposes. A charter |
425 | school receiving property from the school district may not sell |
426 | or dispose of such property without written permission of the |
427 | school district. Similarly, for an existing public school |
428 | converting to charter status, no rental or leasing fee for the |
429 | existing facility or for the property normally inventoried to |
430 | the conversion school may be charged by the district school |
431 | board to the parents and teachers organizing the charter school. |
432 | The charter school shall agree to reasonable maintenance |
433 | provisions in order to maintain the facility in a manner similar |
434 | to district school board standards. The Public Education Capital |
435 | Outlay maintenance funds or any other maintenance funds |
436 | generated by the facility operated as a conversion school shall |
437 | remain with the conversion school. |
438 | (20) SERVICES.-- |
439 | (a) A sponsor shall provide certain administrative and |
440 | educational services to charter schools. These services shall |
441 | include contract management services; full-time equivalent and |
442 | data reporting services; exceptional student education |
443 | administration services; services related to eligibility and |
444 | reporting duties required to ensure that school lunch services |
445 | under the federal lunch program, consistent with the needs of |
446 | the charter school, are provided by the school district at the |
447 | request of the charter school, that any funds due the charter |
448 | school under the federal lunch program be paid to the charter |
449 | school as soon as the charter school begins serving food under |
450 | the federal lunch program, and that the charter school is paid |
451 | at the same time and in the same manner under the federal lunch |
452 | program as other public schools serviced by the sponsor or |
453 | school district; test administration services, including payment |
454 | of the costs of state-required or district-required student |
455 | assessments; processing of teacher certificate data services; |
456 | and information services, including equal access to student |
457 | information systems that are used by public schools in the |
458 | district in which the charter school is located. Student |
459 | performance data for each student in a charter school, |
460 | including, but not limited to, FCAT scores, standardized test |
461 | scores, previous public school student report cards, and student |
462 | performance measures, shall be provided by the sponsor to a |
463 | charter school in the same manner provided to other public |
464 | schools in the district. A total administrative fee for the |
465 | provision of such services shall be calculated based upon up to |
466 | 5 percent of the available funds defined in paragraph (17)(b) |
467 | for all students. However, a sponsor may only withhold up to a |
468 | 5-percent administrative fee for enrollment for up to and |
469 | including 500 students. For charter schools with a population of |
470 | 501 or more students, the difference between the total |
471 | administrative fee calculation and the amount of the |
472 | administrative fee withheld may only be used for capital outlay |
473 | purposes specified in s. 1013.62(2). Sponsors shall not charge |
474 | charter schools any additional fees or surcharges for |
475 | administrative and educational services in addition to the |
476 | maximum 5-percent administrative fee withheld pursuant to this |
477 | paragraph. |
478 | Section 3. Paragraph (b) of subsection (2) of section |
479 | 1003.03, Florida Statutes, is amended to read: |
480 | 1003.03 Maximum class size.-- |
481 | (2) IMPLEMENTATION.-- |
482 | (b) Determination of the number of students per classroom |
483 | in paragraph (a) shall be calculated as follows: |
484 | 1. For fiscal years 2003-2004 through 2005-2006, the |
485 | calculation for compliance for each of the 3 grade groupings |
486 | shall be the average at the district level. |
487 | 2. For fiscal years 2006-2007 through 2007-2008, the |
488 | calculation for compliance for each of the 3 grade groupings |
489 | shall be the average at the school level. |
490 | 3. For fiscal years 2008-2009, 2009-2010, and thereafter, |
491 | the calculation for compliance shall be at the individual |
492 | classroom level. However, the calculation for compliance for |
493 | charter schools, public school magnet programs, or other public |
494 | school parental choice programs shall remain the average at the |
495 | school level or program level. |
496 | 4. For fiscal years 2006-2007 through 2009-2010 and |
497 | thereafter, each teacher assigned to any classroom shall be |
498 | included in the calculation for compliance. |
499 | Section 4. Subsection (2) of section 1011.71, Florida |
500 | Statutes, is amended to read: |
501 | 1011.71 District school tax.-- |
502 | (2) In addition to the maximum millage levy as provided in |
503 | subsection (1), each school board may levy not more than 2 mills |
504 | against the taxable value for school purposes for district |
505 | schools, including charter schools at the discretion of the |
506 | school board, to fund: |
507 | (a) New construction and remodeling projects, as set forth |
508 | in s. 1013.64(3)(b) and (6)(b) and included in the district's |
509 | educational plant survey pursuant to s. 1013.31, without regard |
510 | to prioritization, sites and site improvement or expansion to |
511 | new sites, existing sites, auxiliary facilities, athletic |
512 | facilities, or ancillary facilities. |
513 | (b) Maintenance, renovation, and repair of existing school |
514 | plants or of leased facilities to correct deficiencies pursuant |
515 | to s. 1013.15(2). |
516 | (c) The purchase, lease-purchase, or lease of school |
517 | buses. |
518 | (d) The purchase, lease-purchase, or lease of new and |
519 | replacement equipment. |
520 | (e) Payments for educational facilities and sites due |
521 | under a lease-purchase agreement entered into by a district |
522 | school board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not |
523 | exceeding, in the aggregate, an amount equal to three-fourths of |
524 | the proceeds from the millage levied by a district school board |
525 | pursuant to this subsection. |
526 | (f) Payment of loans approved pursuant to ss. 1011.14 and |
527 | 1011.15. |
528 | (g) Payment of costs directly related to complying with |
529 | state and federal environmental statutes, rules, and regulations |
530 | governing school facilities. |
531 | (h) Payment of costs of leasing relocatable educational |
532 | facilities, of renting or leasing educational facilities and |
533 | sites pursuant to s. 1013.15(2), or of renting or leasing |
534 | buildings or space within existing buildings pursuant to s. |
535 | 1013.15(4). |
536 | (i) Payment of the cost of school buses when a school |
537 | district contracts with a private entity to provide student |
538 | transportation services if the district meets the requirements |
539 | of this paragraph. |
540 | 1. The district's contract must require that the private |
541 | entity purchase, lease-purchase, or lease, and operate and |
542 | maintain, one or more school buses of a specific type and size |
543 | that meet the requirements of s. 1006.25. |
544 | 2. Each such school bus must be used for the daily |
545 | transportation of public school students in the manner required |
546 | by the school district. |
547 | 3. Annual payment for each such school bus may not exceed |
548 | 10 percent of the purchase price of the state pool bid. |
549 | 4. The proposed expenditure of the funds for this purpose |
550 | must have been included in the district school board's notice of |
551 | proposed tax for school capital outlay as provided in s. |
552 | 200.065(10). |
553 | (j) Payment of the cost of the opening day collection for |
554 | the library media center of a new school. |
555 | Section 5. Paragraph (f) is added to subsection (2) of |
556 | section 1013.62, Florida Statutes, to read: |
557 | 1013.62 Charter schools capital outlay funding.-- |
558 | (2) A charter school's governing body may use charter |
559 | school capital outlay funds for the following purposes: |
560 | (f) Any of the purposes set forth in s. 1011.71(2). |
561 |
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562 | Conversion charter schools may use capital outlay funds received |
563 | through the reduction in the administrative fee provided in s. |
564 | 1002.33(20) for renovation, repair, and maintenance of school |
565 | facilities that are owned by the sponsor. |
566 | Section 6. This act shall take effect July 1, 2008. |