CS for HB 1259 & HB 1301

1	A bill to be entitled
2	An act relating to education; amending s. 11.45, F.S.,
3	relating to audit reports and rules by the Auditor
4	General; conforming provisions related to changes in the
5	entities subject to a state of financial emergency;
6	amending s. 121.091, F.S.; increasing the period of time
7	during which certain charter school instructional
8	personnel may participate in the Florida Retirement System
9	Deferred Retirement Option Program; extending such
10	participation to certain school district prekindergarten
11	instructional personnel; deleting an obsolete provision;
12	amending ss. 218.50 and 218.501, F.S.; conforming
13	provisions related to changes in the entities subject to a
14	state of financial emergency; amending ss. 218.503 and
15	218.504, F.S.; providing that charter technical career
16	centers are subject to certain requirements in the event
17	of a financial emergency; requiring that the sponsor and
18	Legislative Auditing Committee be notified of certain
19	conditions; providing that the Commissioner of Education
20	may require a financial recovery plan if certain
21	conditions exist for a charter school or charter technical
22	career center; amending s. 1002.33, F.S.; providing for
23	duties of charter school sponsors and governing boards
24	when charter schools and charter technical career centers
25	experience a material financial weakness or a financial
26	emergency; specifying forms and evaluation instruments to
27	be used by charter school applicants and sponsors;
28	revising provisions relating to appeal of a charter school
29	application denial; deleting the auditing requirements and
30	financial emergency provisions for charter schools;
31	requiring charter schools to disclose the identity of
32	relatives of charter school personnel; revising provisions
33	relating to charter school renewal terms; requiring
34	charter schools to provide quarterly financial statements;
35	revising provisions relating to a charter school's annual
36	report; revising provisions relating to student
37	eligibility to attend a charter school; providing
38	requirements for distribution of funds to charter schools;
39	providing priority to charter schools for the lease or
40	purchase of public school property and facilities;
41	requiring a sponsor to provide additional services
42	relating to school lunches under the federal lunch
43	program; providing for the disclosure of the performance
44	of charter schools that are not given a school grade or
45	school improvement rating; providing reporting
46	requirements; providing restrictions for the employment of
47	relatives by charter school personnel; providing that
48	members of a charter school governing board are subject to
49	certain standards of conduct and financial disclosure;
50	amending s. 1002.335, F.S., relating to the Florida
51	Schools of Excellence Commission; revising provisions
52	relating to exclusive authority to authorize charter
53	schools; eliminating the requirement for district school
54	boards to annually seek continued exclusivity from the
55	State Board of Education; providing that a grant or denial
56	of exclusivity shall be effective for 4 fiscal years;
57	specifying additional components of cosponsor agreements;
58	providing for application of performance disclosure
59	requirements for charter schools that are not graded or
60	rated; providing for application of restrictions on the
61	employment of relatives and certain standards of conduct
62	and financial disclosure; amending s. 1002.34, F.S.;
63	providing additional duties for charter technical career
64	centers, applicants, sponsors, and governing boards;
65	requiring the Department of Education to offer or arrange
66	training and assistance to applicants for a charter
67	technical career center; providing for application of
68	restrictions on the employment of relatives and certain
69	standards of conduct and financial disclosure; creating s.
70	1002.345, F.S.; establishing criteria and requirements for
71	charter schools and charter technical career centers that
72	have material financial weaknesses or are in a state of
73	financial emergency; establishing requirements for charter
74	schools, charter technical career centers, governing
75	boards, and sponsors; requiring financial audits of
76	charter schools and charter technical career centers;
77	providing for corrective action and financial recovery
78	plans; providing for duties of auditors, the Commissioner
79	of Education, and the Department of Education; requiring
80	the State Board of Education to adopt rules; providing
81	grounds for termination or nonrenewal of a charter;
82	amending s. 1011.71, F.S., relating to district school
83	tax; providing that school boards must share an equitable
84	amount of capital improvement millage with charter
85	schools; amending s. 1013.62, F.S.; authorizing additional
86	uses for charter school capital outlay funds; amending s.
87	1013.735, F.S.; providing charter schools with a specified
88	portion of the appropriation for the Classrooms for Kids
89	Program; providing an effective date.
90
91	Be It Enacted by the Legislature of the State of Florida:
92
93	Section 1.  Paragraph (e) of subsection (7) and subsection
94	(8) of section 11.45, Florida Statutes, are amended to read:
95	11.45  Definitions; duties; authorities; reports; rules.--
96	(7)  AUDITOR GENERAL REPORTING REQUIREMENTS.--
97	(e)  The Auditor General shall notify the Governor or the
98	Commissioner of Education, as appropriate, and the Legislative
99	Auditing Committee of any audit report reviewed by the Auditor
100	General pursuant to paragraph (b) which contains a statement
101	that a local governmental entity, charter school, charter
102	technical career center, or district school board has met one or
103	more of the conditions specified in s. 218.503. If the Auditor
104	General requests a clarification regarding information included
105	in an audit report to determine whether a local governmental
106	entity, charter school, charter technical career center, or
107	district school board has met one or more of the conditions
108	specified in s. 218.503, the requested clarification must be
109	provided within 45 days after the date of the request. If the
110	local governmental entity, charter school, charter technical
111	career center, or district school board does not comply with the
112	Auditor General's request, the Auditor General shall notify the
113	Legislative Auditing Committee. If, after obtaining the
114	requested clarification, the Auditor General determines that the
115	local governmental entity, charter school, charter technical
116	career center, or district school board has met one or more of
117	the conditions specified in s. 218.503, he or she shall notify
118	the Governor or the Commissioner of Education, as appropriate,
119	and the Legislative Auditing Committee.
120	(8)  RULES OF THE AUDITOR GENERAL.--The Auditor General, in
121	consultation with the Board of Accountancy, shall adopt rules
122	for the form and conduct of all financial audits performed by
123	independent certified public accountants pursuant to ss.
124	215.981, 218.39, 1001.453, 1004.28, and 1004.70. The rules for
125	audits of local governmental entities, charter schools, charter
126	technical career centers, and district school boards must
127	include, but are not limited to, requirements for the reporting
128	of information necessary to carry out the purposes of the Local
129	Governmental Entity, Charter School, Charter Technical Career
130	Center, and District School Board Financial Emergencies Act as
131	stated in s. 218.501.
132	Section 2.  Paragraphs (a) and (b) of subsection (13) of
133	section 121.091, Florida Statutes, are amended to read:
134	121.091  Benefits payable under the system.--Benefits may
135	not be paid under this section unless the member has terminated
136	employment as provided in s. 121.021(39)(a) or begun
137	participation in the Deferred Retirement Option Program as
138	provided in subsection (13), and a proper application has been
139	filed in the manner prescribed by the department. The department
140	may cancel an application for retirement benefits when the
141	member or beneficiary fails to timely provide the information
142	and documents required by this chapter and the department's
143	rules. The department shall adopt rules establishing procedures
144	for application for retirement benefits and for the cancellation
145	of such application when the required information or documents
146	are not received.
147	(13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general, and
148	subject to the provisions of this section, the Deferred
149	Retirement Option Program, hereinafter referred to as the DROP,
150	is a program under which an eligible member of the Florida
151	Retirement System may elect to participate, deferring receipt of
152	retirement benefits while continuing employment with his or her
153	Florida Retirement System employer. The deferred monthly
154	benefits shall accrue in the System Trust Fund on behalf of the
155	participant, plus interest compounded monthly, for the specified
156	period of the DROP participation, as provided in paragraph (c).
157	Upon termination of employment, the participant shall receive
158	the total DROP benefits and begin to receive the previously
159	determined normal retirement benefits. Participation in the DROP
160	does not guarantee employment for the specified period of DROP.
161	Participation in the DROP by an eligible member beyond the
162	initial 60-month period as authorized in this subsection shall
163	be on an annual contractual basis for all participants.
164	(a)  Eligibility of member to participate in the DROP.--All
165	active Florida Retirement System members in a regularly
166	established position, and all active members of either the
167	Teachers' Retirement System established in chapter 238 or the
168	State and County Officers' and Employees' Retirement System
169	established in chapter 122, which systems are consolidated
170	within the Florida Retirement System under s. 121.011, are
171	eligible to elect participation in the DROP if provided that:
172	1.  The member is not a renewed member of the Florida
173	Retirement System under s. 121.122, or a member of the State
174	Community College System Optional Retirement Program under s.
175	121.051, the Senior Management Service Optional Annuity Program
176	under s. 121.055, or the optional retirement program for the
177	State University System under s. 121.35.
178	2.  Except as provided in subparagraph 6., election to
179	participate is made within 12 months immediately following the
180	date on which the member first reaches normal retirement date,
181	or, for a member who reaches normal retirement date based on
182	service before he or she reaches age 62, or age 55 for Special
183	Risk Class members, election to participate may be deferred to
184	the 12 months immediately following the date the member attains
185	57, or age 52 for Special Risk Class members. For a member who
186	first reached normal retirement date or the deferred eligibility
187	date described above prior to the effective date of this
188	section, election to participate shall be made within 12 months
189	after the effective date of this section. A member who fails to
190	make an election within the such 12-month limitation period
191	shall forfeit all rights to participate in the DROP. The member
192	shall advise his or her employer and the division in writing of
193	the date on which the DROP shall begin. The Such beginning date
194	may be subsequent to the 12-month election period, but must be
195	within the 60-month or, with respect to members who are
196	instructional personnel employed by the Florida School for the
197	Deaf and the Blind and who have received authorization by the
198	Board of Trustees of the Florida School for the Deaf and the
199	Blind to participate in the DROP beyond 60 months, or who are
200	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
201	grades K-12 and who have received authorization by the district
202	school superintendent to participate in the DROP beyond 60
203	months, the 96-month maximum participation limitation period as
204	provided in subparagraph (b)1. When establishing eligibility of
205	the member to participate in the DROP for the 60-month or, with
206	respect to members who are instructional personnel employed by
207	the Florida School for the Deaf and the Blind and who have
208	received authorization by the Board of Trustees of the Florida
209	School for the Deaf and the Blind to participate in the DROP
210	beyond 60 months, or who are instructional personnel as defined
211	in s. 1012.01(2)(a)-(d) in grades K-12 and who have received
212	authorization by the district school superintendent to
213	participate in the DROP beyond 60 months, the 96-month maximum
214	participation period, the member may elect to include or exclude
215	any optional service credit purchased by the member from the
216	total service used to establish the normal retirement date. A
217	member with dual normal retirement dates is shall be eligible to
218	elect to participate in DROP within 12 months after attaining
219	normal retirement date in either class.
220	3.  The employer of a member electing to participate in the
221	DROP, or employers if dually employed, shall acknowledge in
222	writing to the division the date the member's participation in
223	the DROP begins and the date the member's employment and DROP
224	participation will terminate.
225	4.  Simultaneous employment of a participant by additional
226	Florida Retirement System employers subsequent to the
227	commencement of participation in the DROP is shall be
228	permissible provided such employers acknowledge in writing a
229	DROP termination date no later than the participant's existing
230	termination date or the 60-month participation limitation period
231	as provided in subparagraph (b)1.
232	5.  A DROP participant may change employers while
233	participating in the DROP, subject to the following:
234	a.  A change of employment must take place without a break
235	in service so that the member receives salary for each month of
236	continuous DROP participation. If a member receives no salary
237	during a month, DROP participation shall cease unless the
238	employer verifies a continuation of the employment relationship
239	for such participant pursuant to s. 121.021(39)(b).
240	b.  Such participant and new employer shall notify the
241	division of the identity of the new employer on forms required
242	by the division as to the identity of the new employer.
243	c.  The new employer shall acknowledge, in writing, the
244	participant's DROP termination date, which may be extended but
245	not beyond the original 60-month or, with respect to members who
246	are instructional personnel employed by the Florida School for
247	the Deaf and the Blind and who have received authorization by
248	the Board of Trustees of the Florida School for the Deaf and the
249	Blind to participate in the DROP beyond 60 months, or who are
250	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
251	grades K-12 and who have received authorization by the district
252	school superintendent to participate in the DROP beyond 60
253	months, the 96-month maximum participation period provided in
254	subparagraph (b)1., shall acknowledge liability for any
255	additional retirement contributions and interest required if the
256	participant fails to timely terminate employment, and shall be
257	subject to the adjustment required in sub-subparagraph (c)5.d.
258	6.  Effective July 1, 2001, for instructional personnel as
259	defined in s. 1012.01(2), election to participate in the DROP
260	may shall be made at any time following the date on which the
261	member first reaches normal retirement date. The member shall
262	advise his or her employer and the division in writing of the
263	date on which the DROP Deferred Retirement Option Program shall
264	begin. When establishing eligibility of the member to
265	participate in the DROP for the 60-month or, with respect to
266	members who are instructional personnel employed by the Florida
267	School for the Deaf and the Blind and who have received
268	authorization by the Board of Trustees of the Florida School for
269	the Deaf and the Blind to participate in the DROP beyond 60
270	months, or who are instructional personnel as defined in s.
271	1012.01(2)(a)-(d) in grades K-12 and who have received
272	authorization by the district school superintendent to
273	participate in the DROP beyond 60 months, the 96-month maximum
274	participation period, as provided in subparagraph (b)1., the
275	member may elect to include or exclude any optional service
276	credit purchased by the member from the total service used to
277	establish the normal retirement date. A member with dual normal
278	retirement dates is shall be eligible to elect to participate in
279	either class.
280	(b)  Participation in the DROP.--
281	1.  An eligible member may elect to participate in the DROP
282	for a period not to exceed a maximum of 60 calendar months or,
283	with respect to members who are instructional personnel employed
284	by the Florida School for the Deaf and the Blind and who have
285	received authorization by the Board of Trustees of the Florida
286	School for the Deaf and the Blind to participate in the DROP
287	beyond 60 months, or who are instructional personnel as defined
288	in s. 1012.01(2)(a)-(d) in grades K-12 or classroom teachers for
289	prekindergarten students funded under s. 1011.62 and who have
290	received authorization by the district school superintendent to
291	participate in the DROP beyond 60 calendar months, or who are
292	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
293	grades K-12 or classroom teachers for prekindergarten students
294	funded under s. 1011.62 and who are employed by a charter school
295	and who have received authorization from the governing board of
296	the charter school to participate in the DROP beyond 60 calendar
297	months, 96 calendar months immediately following the date on
298	which the member first reaches his or her normal retirement date
299	or the date to which he or she is eligible to defer his or her
300	election to participate as provided in subparagraph (a)2.
301	However, a member who has reached normal retirement date prior
302	to the effective date of the DROP is shall be eligible to
303	participate in the DROP for up to for a period of time not to
304	exceed 60 calendar months or, with respect to members who are
305	instructional personnel employed by the Florida School for the
306	Deaf and the Blind and who have received authorization by the
307	Board of Trustees of the Florida School for the Deaf and the
308	Blind to participate in the DROP beyond 60 months, or who are
309	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
310	grades K-12 and who have received authorization by the district
311	school superintendent to participate in the DROP beyond 60
312	calendar months, 96 calendar months, as appropriate, immediately
313	following the effective date of the DROP, except that a member
314	of the Special Risk Class who has reached normal retirement date
315	prior to the effective date of the DROP and whose total accrued
316	value exceeds 75 percent of average final compensation as of his
317	or her effective date of retirement may shall be eligible to
318	participate in the DROP for no more than 36 calendar months
319	immediately following the effective date of the DROP.
320	2.  Upon deciding to participate in the DROP, the member
321	shall submit, on forms required by the division:
322	a.  A written election to participate in the DROP;
323	b.  Selection of the DROP participation and termination
324	dates, which satisfy the limitations stated in paragraph (a) and
325	subparagraph 1. The Such termination date must shall be in a
326	binding letter of resignation to with the employer, establishing
327	a deferred termination date. The member may change the
328	termination date within the limitations of subparagraph 1., but
329	only with the written approval of the his or her employer;
330	c.  A properly completed DROP application for service
331	retirement as provided in this section; and
332	d.  Any other information required by the division.
333	3.  The DROP participant shall be a retiree under the
334	Florida Retirement System for all purposes, except for paragraph
335	(5)(f) and subsection (9) and ss. 112.3173, 112.363, 121.053,
336	and 121.122. However, participation in the DROP does not alter
337	the participant's employment status and the member is such
338	employee shall not be deemed retired from employment until his
339	or her deferred resignation is effective and termination occurs
340	as provided in s. 121.021(39).
341	4.  Elected officers shall be eligible to participate in
342	the DROP subject to the following:
343	a.  An elected officer who reaches normal retirement date
344	during a term of office may defer the election to participate in
345	the DROP until the next succeeding term in that office. An Such
346	elected officer who exercises this option may participate in the
347	DROP for up to 60 calendar months or for a period of no longer
348	than the such succeeding term of office, whichever is less.
349	b.  An elected or a nonelected participant may run for a
350	term of office while participating in DROP and, if elected,
351	extend the DROP termination date accordingly, except that,
352	however, if such additional term of office exceeds the 60-month
353	limitation established in subparagraph 1., and the officer does
354	not resign from office within the such 60-month limitation, the
355	retirement and the participant's DROP shall be null and void as
356	provided in sub-subparagraph (c)5.d.
357	c.  An elected officer who is dually employed and elects to
358	participate in DROP shall be required to satisfy the definition
359	of termination within the 60-month or, with respect to members
360	who are instructional personnel employed by the Florida School
361	for the Deaf and the Blind and who have received authorization
362	by the Board of Trustees of the Florida School for the Deaf and
363	the Blind to participate in the DROP beyond 60 months, or who
364	are instructional personnel as defined in s. 1012.01(2)(a)-(d)
365	in grades K-12 and who have received authorization by the
366	district school superintendent to participate in the DROP beyond
367	60 months, the 96-month maximum participation limitation period
368	as provided in subparagraph 1. for the nonelected position and
369	may continue employment as an elected officer as provided in s.
370	121.053. The elected officer shall will be enrolled as a renewed
371	member in the Elected Officers' Class or the Regular Class, as
372	provided in ss. 121.053 and 121.122, on the first day of the
373	month after termination of employment in the nonelected position
374	and termination of DROP. Distribution of the DROP benefits shall
375	be made as provided in paragraph (c).
376	Section 3.  Section 218.50, Florida Statutes, is amended to
377	read:
378	218.50  Short title.--Sections 218.50-218.504 may be cited
379	as the "Local Governmental Entity, Charter School, Charter
380	Technical Career Center, and District School Board Financial
381	Emergencies Act."
382	Section 4.  Section 218.501, Florida Statutes, is amended
383	to read:
384	218.501  Purposes.--The purposes of ss. 218.50-218.504 are:
385	(1)  To promote the fiscal responsibility of local
386	governmental entities, charter schools, charter technical career
387	centers, and district school boards.
388	(2)  To assist local governmental entities, charter
389	schools, charter technical career centers, and district school
390	boards in providing essential services without interruption and
391	in meeting their financial obligations.
392	(3)  To assist local governmental entities, charter
393	schools, charter technical career centers, and district school
394	boards through the improvement of local financial management
395	procedures.
396	Section 5.  Subsections (1), (2), and (4) of section
397	218.503, Florida Statutes, are amended to read:
398	218.503  Determination of financial emergency.--
399	(1)  Local governmental entities, charter schools, charter
400	technical career centers, and district school boards shall be
401	subject to review and oversight by the Governor, the charter
402	school sponsor, the charter technical career center sponsor, or
403	the Commissioner of Education, as appropriate, when any one of
404	the following conditions occurs:
405	(a)  Failure within the same fiscal year in which due to
406	pay short-term loans or failure to make bond debt service or
407	other long-term debt payments when due, as a result of a lack of
408	funds.
409	(b)  Failure to pay uncontested claims from creditors
410	within 90 days after the claim is presented, as a result of a
411	lack of funds.
412	(c)  Failure to transfer at the appropriate time, due to
413	lack of funds:
414	1.  Taxes withheld on the income of employees; or
415	2.  Employer and employee contributions for:
416	a.  Federal social security; or
417	b.  Any pension, retirement, or benefit plan of an
418	employee.
419	(d)  Failure for one pay period to pay, due to lack of
420	funds:
421	1.  Wages and salaries owed to employees; or
422	2.  Retirement benefits owed to former employees.
423	(e)  An unreserved or total fund balance or retained
424	earnings deficit, or unrestricted or total net assets deficit,
425	as reported on the balance sheet or statement of net assets on
426	the general purpose or fund financial statements, for which
427	sufficient resources of the local governmental entity, as
428	reported on the balance sheet or statement of net assets on the
429	general purpose or fund financial statements, are not available
430	to cover the deficit. Resources available to cover reported
431	deficits include net assets that are not otherwise restricted by
432	federal, state, or local laws, bond covenants, contractual
433	agreements, or other legal constraints. Fixed or capital assets,
434	the disposal of which would impair the ability of a local
435	governmental entity to carry out its functions, are not
436	considered resources available to cover reported deficits.
437	(2)  A local governmental entity shall notify the Governor
438	and the Legislative Auditing Committee, a charter school shall
439	notify the charter school sponsor and the Legislative Auditing
440	Committee, a charter technical career center shall notify the
441	charter technical career center sponsor and the Legislative
442	Auditing Committee, and a district school board shall notify the
443	Commissioner of Education and the Legislative Auditing
444	Committee, when one or more of the conditions specified in
445	subsection (1) have occurred or will occur if action is not
446	taken to assist the local governmental entity, charter school,
447	charter technical career center, or district school board. In
448	addition, any state agency must, within 30 days after a
449	determination that one or more of the conditions specified in
450	subsection (1) have occurred or will occur if action is not
451	taken to assist the local governmental entity, charter school,
452	charter technical career center, or district school board,
453	notify the Governor, charter school sponsor, charter technical
454	career center sponsor, or the Commissioner of Education, as
455	appropriate, and the Legislative Auditing Committee.
456	(4)(a)  Upon notification that one or more of the
457	conditions in subsection (1) exist, the charter school sponsor
458	or the sponsor's designee and the Commissioner of Education
459	shall contact the charter school governing body to determine
460	what actions have been taken by the charter school governing
461	body to resolve the condition. The Commissioner of Education may
462	charter school sponsor has the authority to require and approve
463	a financial recovery plan, to be prepared by the charter school
464	governing body, prescribing actions that will cause the charter
465	school to no longer be subject to this section. The Department
466	of Education shall establish guidelines for developing such
467	plans.
468	(b)  Upon notification that one or more of the conditions
469	in subsection (1) exist, the charter technical career center
470	sponsor or the sponsor's designee and the Commissioner of
471	Education shall contact the charter technical career center
472	governing body to determine what actions have been taken by the
473	charter technical career center governing body to resolve the
474	condition. The Commissioner of Education may require and approve
475	a financial recovery plan, to be prepared by the charter
476	technical career center governing body, prescribing actions that
477	will cause the charter technical career center to no longer be
478	subject to this section.
479	(c)  The Commissioner of Education shall determine if the
480	charter school or charter technical career center needs a
481	financial recovery plan to resolve the condition. If the
482	Commissioner of Education determines that a financial recovery
483	plan is needed, the charter school or charter technical career
484	center is considered to be in a state of financial emergency.
485
486	The Department of Education, with the involvement of sponsors,
487	charter schools, and charter technical career centers, shall
488	establish guidelines for developing such plans.
489	Section 6.  Section 218.504, Florida Statutes, is amended
490	to read:
491	218.504  Cessation of state action.--The Governor or the
492	Commissioner of Education, as appropriate, has the authority to
493	terminate all state actions pursuant to ss. 218.50-218.504.
494	Cessation of state action must not occur until the Governor or
495	the Commissioner of Education, as appropriate, has determined
496	that:
497	(1)  The local governmental entity, charter school, charter
498	technical career center, or district school board:
499	(a)  Has established and is operating an effective
500	financial accounting and reporting system.
501	(b)  Has resolved the conditions outlined in s. 218.503(1).
502	(2)  None of the conditions outlined in s. 218.503(1)
503	exists.
504	Section 7.  Paragraph (b) of subsection (5), paragraphs
505	(a), (b), and (d) of subsection (6), paragraphs (a) and (b) of
506	subsection (7), paragraphs (g) through (q) of subsection (9),
507	paragraph (a) of subsection (10), paragraphs (b) and (c) of
508	subsection (17), paragraph (e) of subsection (18), paragraph (a)
509	of subsection (20), and subsections (21) and (23) of section
510	1002.33, Florida Statutes, are amended, present subsection (24)
511	is renumbered as subsection (26), and new subsections (24) and
512	(25) are added to that section, to read:
513	1002.33  Charter schools.--
514	(5)  SPONSOR; DUTIES.--
515	(b)  Sponsor duties.--
516	1.a.  The sponsor shall monitor and review the charter
517	school in its progress toward the goals established in the
518	charter.
519	b.  The sponsor shall monitor the revenues and expenditures
520	of the charter school and perform the duties provided for in s.
521	1002.345.
522	c.  The sponsor may approve a charter for a charter school
523	before the applicant has secured space, equipment, or personnel,
524	if the applicant indicates approval is necessary for it to raise
525	working funds.
526	d.  The sponsor's policies shall not apply to a charter
527	school unless mutually agreed to by both the sponsor and the
528	charter school.
529	e.  The sponsor shall ensure that the charter is innovative
530	and consistent with the state education goals established by s.
531	1000.03(5).
532	f.  The sponsor shall ensure that the charter school
533	participates in the state's education accountability system. If
534	a charter school falls short of performance measures included in
535	the approved charter, the sponsor shall report such shortcomings
536	to the Department of Education.
537	g.  The sponsor shall not be liable for civil damages under
538	state law for personal injury, property damage, or death
539	resulting from an act or omission of an officer, employee,
540	agent, or governing body of the charter school.
541	h.  The sponsor shall not be liable for civil damages under
542	state law for any employment actions taken by an officer,
543	employee, agent, or governing body of the charter school.
544	i.  The sponsor's duties to monitor the charter school
545	shall not constitute the basis for a private cause of action.
546	j.  The sponsor shall not impose additional reporting
547	requirements on a charter school without providing reasonable
548	and specific justification in writing to the charter school.
549	2.  Immunity for the sponsor of a charter school under
550	subparagraph 1. applies only with respect to acts or omissions
551	not under the sponsor's direct authority as described in this
552	section.
553	3.  Nothing contained in this paragraph shall be considered
554	a waiver of sovereign immunity by a district school board.
555	4.  A community college may work with the school district
556	or school districts in its designated service area to develop
557	charter schools that offer secondary education. These charter
558	schools must include an option for students to receive an
559	associate degree upon high school graduation. District school
560	boards shall cooperate with and assist the community college on
561	the charter application. Community college applications for
562	charter schools are not subject to the time deadlines outlined
563	in subsection (6) and may be approved by the district school
564	board at any time during the year. Community colleges shall not
565	report FTE for any students who receive FTE funding through the
566	Florida Education Finance Program.
567	(6)  APPLICATION PROCESS AND REVIEW.--Charter school
568	applications are subject to the following requirements:
569	(a)  A person or entity wishing to open a charter school
570	shall prepare and submit an application on a form developed by
571	the Department of Education, which that:
572	1.  Demonstrates how the school will use the guiding
573	principles and meet the statutorily defined purpose of a charter
574	school.
575	2.  Provides a detailed curriculum plan that illustrates
576	how students will be provided services to attain the Sunshine
577	State Standards.
578	3.  Contains goals and objectives for improving student
579	learning and measuring that improvement. These goals and
580	objectives must indicate how much academic improvement students
581	are expected to show each year, how success will be evaluated,
582	and the specific results to be attained through instruction.
583	4.  Describes the reading curriculum and differentiated
584	strategies that will be used for students reading at grade level
585	or higher and a separate curriculum and strategies for students
586	who are reading below grade level. A sponsor shall deny a
587	charter if the school does not propose a reading curriculum that
588	is consistent with effective teaching strategies that are
589	grounded in scientifically based reading research.
590	5.  Contains an annual financial plan for each year
591	requested by the charter for operation of the school for up to 5
592	years. This plan must contain anticipated fund balances based on
593	revenue projections, a spending plan based on projected revenues
594	and expenses, and a description of controls that will safeguard
595	finances and projected enrollment trends.
596	(b)  A sponsor shall receive and review all applications
597	for a charter school using an evaluation instrument developed by
598	the Department of Education. Beginning with the 2007-2008 school
599	year, a sponsor shall receive and consider charter school
600	applications received on or before August 1 of each calendar
601	year for charter schools to be opened at the beginning of the
602	school district's next school year, or to be opened at a time
603	agreed to by the applicant and the sponsor. A sponsor may
604	receive applications later than this date if it chooses. A
605	sponsor may not charge an applicant for a charter any fee for
606	the processing or consideration of an application, and a sponsor
607	may not base its consideration or approval of an application
608	upon the promise of future payment of any kind.
609	1.  In order to facilitate an accurate budget projection
610	process, a sponsor shall be held harmless for FTE students who
611	are not included in the FTE projection due to approval of
612	charter school applications after the FTE projection deadline.
613	In a further effort to facilitate an accurate budget projection,
614	within 15 calendar days after receipt of a charter school
615	application, a sponsor shall report to the Department of
616	Education the name of the applicant entity, the proposed charter
617	school location, and its projected FTE.
618	2.  In order to ensure fiscal responsibility, an
619	application for a charter school shall include a full accounting
620	of expected assets, a projection of expected sources and amounts
621	of income, including income derived from projected student
622	enrollments and from community support, and an expense
623	projection that includes full accounting of the costs of
624	operation, including start-up costs.
625	3.  A sponsor shall by a majority vote approve or deny an
626	application no later than 60 calendar days after the application
627	is received, unless the sponsor and the applicant mutually agree
628	in writing to temporarily postpone the vote to a specific date,
629	at which time the sponsor shall by a majority vote approve or
630	deny the application. If the sponsor fails to act on the
631	application, an applicant may appeal to the State Board of
632	Education as provided in paragraph (c). If an application is
633	denied, the sponsor shall, within 10 calendar days, articulate
634	in writing the specific reasons, based upon good cause,
635	supporting its denial of the charter application and shall
636	provide the letter of denial and supporting documentation to the
637	applicant and to the Department of Education supporting those
638	reasons.
639	4.  For budget projection purposes, the sponsor shall
640	report to the Department of Education the approval or denial of
641	a charter application within 10 calendar days after such
642	approval or denial. In the event of approval, the report to the
643	Department of Education shall include the final projected FTE
644	for the approved charter school.
645	5.  Upon approval of a charter application, the initial
646	startup shall commence with the beginning of the public school
647	calendar for the district in which the charter is granted unless
648	the sponsor allows a waiver of this provision for good cause.
649	(d)  For charter school applications in school districts
650	that have not been granted exclusive authority to sponsor
651	charter schools pursuant to s. 1002.335(5), the right to appeal
652	an application denial under paragraph (c) shall be contingent on
653	the applicant having submitted the same or a substantially
654	similar application to the district school board and the Florida
655	Schools of Excellence Commission or one of its cosponsors. Any
656	such applicant whose application is denied by the commission or
657	one of its cosponsors and subsequent to its denial by the
658	district school board may exercise its right to appeal the
659	district school board's denial under paragraph (c) within 30
660	days after receipt of the commission's or cosponsor's denial or
661	failure to act on the application. However, the applicant
662	forfeits its right to appeal under paragraph (c) if it fails to
663	submit its application to the commission or one of its
664	cosponsors by August 1 of the school year immediately following
665	the district school board's denial of the application.
666	(7)  CHARTER.--The major issues involving the operation of
667	a charter school shall be considered in advance and written into
668	the charter. The charter shall be signed by the governing body
669	of the charter school and the sponsor, following a public
670	hearing to ensure community input.
671	(a)  The charter shall address, and criteria for approval
672	of the charter shall be based on:
673	1.  The school's mission, the students to be served, and
674	the ages and grades to be included.
675	2.  The focus of the curriculum, the instructional methods
676	to be used, any distinctive instructional techniques to be
677	employed, and identification and acquisition of appropriate
678	technologies needed to improve educational and administrative
679	performance which include a means for promoting safe, ethical,
680	and appropriate uses of technology which comply with legal and
681	professional standards. The charter shall ensure that reading is
682	a primary focus of the curriculum and that resources are
683	provided to identify and provide specialized instruction for
684	students who are reading below grade level. The curriculum and
685	instructional strategies for reading must be consistent with the
686	Sunshine State Standards and grounded in scientifically based
687	reading research.
688	3.  The current incoming baseline standard of student
689	academic achievement, the outcomes to be achieved, and the
690	method of measurement that will be used. The criteria listed in
691	this subparagraph shall include a detailed description for each
692	of the following:
693	a.  How the baseline student academic achievement levels
694	and prior rates of academic progress will be established.
695	b.  How these baseline rates will be compared to rates of
696	academic progress achieved by these same students while
697	attending the charter school.
698	c.  To the extent possible, how these rates of progress
699	will be evaluated and compared with rates of progress of other
700	closely comparable student populations.
701
702	The district school board is required to provide academic
703	student performance data to charter schools for each of their
704	students coming from the district school system, as well as
705	rates of academic progress of comparable student populations in
706	the district school system.
707	4.  The methods used to identify the educational strengths
708	and needs of students and how well educational goals and
709	performance standards are met by students attending the charter
710	school. Included in the methods is a means for the charter
711	school to ensure accountability to its constituents by analyzing
712	student performance data and by evaluating the effectiveness and
713	efficiency of its major educational programs. Students in
714	charter schools shall, at a minimum, participate in the
715	statewide assessment program created under s. 1008.22.
716	5.  In secondary charter schools, a method for determining
717	that a student has satisfied the requirements for graduation in
718	s. 1003.43.
719	6.  A method for resolving conflicts between the governing
720	body of the charter school and the sponsor.
721	7.  The admissions procedures and dismissal procedures,
722	including the school's code of student conduct.
723	8.  The ways by which the school will achieve a
724	racial/ethnic balance reflective of the community it serves or
725	within the racial/ethnic range of other public schools in the
726	same school district.
727	9.  The financial and administrative management of the
728	school, including a reasonable demonstration of the professional
729	experience or competence of those individuals or organizations
730	applying to operate the charter school or those hired or
731	retained to perform such professional services and the
732	description of clearly delineated responsibilities and the
733	policies and practices needed to effectively manage the charter
734	school. A description of internal audit procedures and
735	establishment of controls to ensure that financial resources are
736	properly managed must be included. Both public sector and
737	private sector professional experience shall be equally valid in
738	such a consideration.
739	10.  The asset and liability projections required in the
740	application which are incorporated into the charter and which
741	shall be compared with information provided in the annual report
742	of the charter school. The charter shall ensure that, if a
743	charter school internal audit or annual financial audit reveals
744	a state of financial emergency as defined in s. 218.503 or
745	deficit financial position, the auditors are required to notify
746	the charter school governing board, the sponsor, and the
747	Department of Education. The internal auditor shall report such
748	findings in the form of an exit interview to the principal or
749	the principal administrator of the charter school and the chair
750	of the governing board within 7 working days after finding the
751	state of financial emergency or deficit position. A final report
752	shall be provided to the entire governing board, the sponsor,
753	and the Department of Education within 14 working days after the
754	exit interview. When a charter school is in a state of financial
755	emergency, the charter school shall file a detailed financial
756	recovery plan with the sponsor. The department, with the
757	involvement of both sponsors and charter schools, shall
758	establish guidelines for developing such plans.
759	11.  A description of procedures that identify various
760	risks and provide for a comprehensive approach to reduce the
761	impact of losses; plans to ensure the safety and security of
762	students and staff; plans to identify, minimize, and protect
763	others from violent or disruptive student behavior; and the
764	manner in which the school will be insured, including whether or
765	not the school will be required to have liability insurance,
766	and, if so, the terms and conditions thereof and the amounts of
767	coverage.
768	12.  The term of the charter which shall provide for
769	cancellation of the charter if insufficient progress has been
770	made in attaining the student achievement objectives of the
771	charter and if it is not likely that such objectives can be
772	achieved before expiration of the charter. The initial term of a
773	charter shall be for 4 or 5 years. In order to facilitate access
774	to long-term financial resources for charter school
775	construction, charter schools that are operated by a
776	municipality or other public entity as provided by law are
777	eligible for up to a 15-year charter, subject to approval by the
778	district school board. A charter lab school is eligible for a
779	charter for a term of up to 15 years. In addition, to facilitate
780	access to long-term financial resources for charter school
781	construction, charter schools that are operated by a private,
782	not-for-profit, s. 501(c)(3) status corporation are eligible for
783	up to a 15-year charter, subject to approval by the district
784	school board. Such long-term charters remain subject to annual
785	review and may be terminated during the term of the charter, but
786	only according to the provisions set forth in subsection (8).
787	13.  The facilities to be used and their location.
788	14.  The qualifications to be required of the teachers and
789	the potential strategies used to recruit, hire, train, and
790	retain qualified staff to achieve best value.
791	15.  The governance structure of the school, including the
792	status of the charter school as a public or private employer as
793	required in paragraph (12)(i).
794	16.  A timetable for implementing the charter which
795	addresses the implementation of each element thereof and the
796	date by which the charter shall be awarded in order to meet this
797	timetable.
798	17.  In the case of an existing public school being
799	converted to charter status, alternative arrangements for
800	current students who choose not to attend the charter school and
801	for current teachers who choose not to teach in the charter
802	school after conversion in accordance with the existing
803	collective bargaining agreement or district school board rule in
804	the absence of a collective bargaining agreement. However,
805	alternative arrangements shall not be required for current
806	teachers who choose not to teach in a charter lab school, except
807	as authorized by the employment policies of the state university
808	which grants the charter to the lab school.
809	18.  Full disclosure of the identity of all relatives
810	employed by the charter school who are related to the charter
811	school owner, president, chair of the governing board of
812	directors, superintendent, governing board member, principal,
813	assistant principal, or any other person employed by the charter
814	school having equivalent decisionmaking authority. For the
815	purpose of this subparagraph, the term "relative" means father,
816	mother, son, daughter, brother, sister, husband, wife, father-
817	in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-
818	law, sister-in-law, stepfather, stepmother, stepson,
819	stepdaughter, stepbrother, stepsister, half brother, or half
820	sister.
821	(b)1.  A charter may be renewed if provided that a program
822	review demonstrates that the criteria in paragraph (a) have been
823	successfully accomplished and that none of the grounds for
824	nonrenewal established by paragraph (8)(a) has been documented.
825	In order to facilitate long-term financing for charter school
826	construction, a charter school that has operated schools
827	operating for a minimum of 3 years, that has received a school
828	grade of at least a "C" pursuant to s. 1008.34 during the
829	previous 3 years, and that demonstrates demonstrating exemplary
830	academic programming and fiscal management must be offered are
831	eligible for a 15-year charter renewal. Such long-term charter
832	is subject to annual review and may be terminated during the
833	term of the charter pursuant to subsection (8).
834	2.  The 15-year charter renewal that may be granted
835	pursuant to subparagraph 1. shall be granted to a charter school
836	that has received a school grade of "A" or "B" pursuant to s.
837	1008.34 in 3 of the past 4 years and is not in a state of
838	financial emergency or deficit position as defined by this
839	section. Such long-term charter is subject to annual review and
840	may be terminated during the term of the charter pursuant to
841	subsection (8).
842	(9)  CHARTER SCHOOL REQUIREMENTS.--
843	(g)  A charter school shall provide for an annual financial
844	audit in accordance with s. 218.39. Financial audits that reveal
845	a state of financial emergency as defined in s. 218.503 and are
846	conducted by a certified public accountant or auditor in
847	accordance with s. 218.39 shall be provided to the governing
848	body of the charter school within 7 working days after finding
849	that a state of financial emergency exists. When a charter
850	school is found to be in a state of financial emergency by a
851	certified public accountant or auditor, the charter school must
852	file a detailed financial recovery plan with the sponsor within
853	30 days after receipt of the audit.
854	(g)(h)  In order to provide financial information that is
855	comparable to that reported for other public schools, charter
856	schools are to maintain all financial records which constitute
857	their accounting system:
858	1.  In accordance with the accounts and codes prescribed in
859	the most recent issuance of the publication titled "Financial
860	and Program Cost Accounting and Reporting for Florida Schools";
861	or
862	2.  At the discretion of the charter school governing
863	board, a charter school may elect to follow generally accepted
864	accounting standards for not-for-profit organizations, but must
865	reformat this information for reporting according to this
866	paragraph.
867
868	Charter schools shall provide annual financial report and
869	program cost report information in the state-required formats
870	for inclusion in district reporting in compliance with s.
871	1011.60(1). Charter schools that are operated by a municipality
872	or are a component unit of a parent nonprofit organization may
873	use the accounting system of the municipality or the parent but
874	must reformat this information for reporting according to this
875	paragraph. A charter school shall provide quarterly financial
876	statements to the sponsor.
877	(h)(i)  The governing board of the charter school shall
878	annually adopt and maintain an operating budget.
879	(i)(j)  The governing body of the charter school shall
880	exercise continuing oversight over charter school operations.
881	(j)(k)  The governing body of the charter school shall be
882	responsible for:
883	1.  Ensuring that the charter school has retained the
884	services of a certified public accountant or auditor for the
885	annual financial audit, pursuant to s. 1002.345(2) paragraph
886	(g), who shall submit the report to the governing body.
887	2.  Reviewing and approving the audit report, including
888	audit findings and recommendations for the financial recovery
889	plan.
890	3.a.  Performing the duties provided for in s. 1002.345,
891	including monitoring a corrective action plan.
892	b.  Monitoring a financial recovery plan in order to ensure
893	compliance.
894	4.  Participating in governance training approved by the
895	department that must include government in the sunshine,
896	conflicts of interest, ethics, and financial responsibility.
897	(k)(l)  The governing body of the charter school shall
898	report its progress annually to its sponsor, which shall forward
899	the report to the Commissioner of Education at the same time as
900	other annual school accountability reports. The Department of
901	Education shall develop a uniform, online annual accountability
902	report format to be completed by charter schools. This report
903	shall be easy to utilize and contain demographic information,
904	student performance data, and financial accountability
905	information. A charter school may directly access, complete, and
906	correct school data and information in the online accountability
907	report. The sponsor shall review the report before final
908	submission to shall not be required to provide information and
909	data that is duplicative and already in the possession of the
910	department. The Department of Education shall include in its
911	compilation a notation if a school failed to file its report by
912	the deadline established by the department. The report shall
913	include at least the following components:
914	1.  Student achievement performance data, including the
915	information required for the annual school report and the
916	education accountability system governed by ss. 1008.31 and
917	1008.345. Charter schools are subject to the same accountability
918	requirements as other public schools, including reports of
919	student achievement information that links baseline student data
920	to the school's performance projections identified in the
921	charter. The charter school shall identify reasons for any
922	difference between projected and actual student performance.
923	2.  Financial status of the charter school which must
924	include revenues and expenditures at a level of detail that
925	allows for analysis of the school's ability to meet financial
926	obligations and timely repayment of debt.
927	3.  Documentation of the facilities in current use and any
928	planned facilities for use by the charter school for instruction
929	of students, administrative functions, or investment purposes.
930	4.  Descriptive information about the charter school's
931	personnel, including salary and benefit levels of charter school
932	employees, the proportion of instructional personnel who hold
933	professional or temporary certificates, and the proportion of
934	instructional personnel teaching in-field or out-of-field.
935	(l)(m)  A charter school shall not levy taxes or issue
936	bonds secured by tax revenues.
937	(m)(n)  A charter school shall provide instruction for at
938	least the number of days required by law for other public
939	schools, and may provide instruction for additional days.
940	(n)(o)  The director and a representative of the governing
941	body of a charter school that has received a school grade of "D"
942	under s. 1008.34(2) shall appear before the sponsor or the
943	sponsor's staff at least once a year to present information
944	concerning each contract component having noted deficiencies.
945	The sponsor shall communicate at the meeting, and in writing to
946	the director, the services provided to the school to help the
947	school address its deficiencies.
948	(o)(p)  Upon notification that a charter school receives a
949	school grade of "D" for 2 consecutive years or a school grade of
950	"F" under s. 1008.34(2), the charter school sponsor or the
951	sponsor's staff shall require the director and a representative
952	of the governing body to submit to the sponsor for approval a
953	school improvement plan to raise student achievement and to
954	implement the plan. The sponsor has the authority to approve a
955	school improvement plan that the charter school will implement
956	in the following school year. The sponsor may also consider the
957	State Board of Education's recommended action pursuant to s.
958	1008.33(1) as part of the school improvement plan. The
959	Department of Education shall offer technical assistance and
960	training to the charter school and its governing body and
961	establish guidelines for developing, submitting, and approving
962	such plans.
963	1.  If the charter school fails to improve its student
964	performance from the year immediately prior to the
965	implementation of the school improvement plan, the sponsor shall
966	place the charter school on probation and shall require the
967	charter school governing body to take one of the following
968	corrective actions:
969	a.  Contract for the educational services of the charter
970	school;
971	b.  Reorganize the school at the end of the school year
972	under a new director or principal who is authorized to hire new
973	staff and implement a plan that addresses the causes of
974	inadequate progress; or
975	c.  Reconstitute the charter school.
976	2.  A charter school that is placed on probation shall
977	continue the corrective actions required under subparagraph 1.
978	until the charter school improves its student performance from
979	the year prior to the implementation of the school improvement
980	plan.
981	3.  Notwithstanding any provision of this paragraph, the
982	sponsor may terminate the charter at any time pursuant to the
983	provisions of subsection (8).
984	(p)(q)  The director and a representative of the governing
985	body of a graded charter school that has submitted a school
986	improvement plan or has been placed on probation under paragraph
987	(o) (p) shall appear before the sponsor or the sponsor's staff
988	at least once a year to present information regarding the
989	corrective strategies that are being implemented by the school
990	pursuant to the school improvement plan. The sponsor shall
991	communicate at the meeting, and in writing to the director, the
992	services provided to the school to help the school address its
993	deficiencies.
994	(10)  ELIGIBLE STUDENTS.--
995	(a)  A charter school shall be open to any student covered
996	in an interdistrict agreement or residing in the school district
997	in which the charter school is located; however, in the case of
998	a charter lab school, the charter lab school shall be open to
999	any student eligible to attend the lab school as provided in s.
1000	1002.32 or who resides in the school district in which the
1001	charter lab school is located. Any eligible student shall be
1002	allowed interdistrict transfer to attend a charter school when
1003	based on good cause. Good cause shall include, but not be
1004	limited to, geographic proximity to a charter school in a
1005	neighboring school district.
1006	(17)  FUNDING.--Students enrolled in a charter school,
1007	regardless of the sponsorship, shall be funded as if they are in
1008	a basic program or a special program, the same as students
1009	enrolled in other public schools in the school district. Funding
1010	for a charter lab school shall be as provided in s. 1002.32.
1011	(b)  The basis for the agreement for funding students
1012	enrolled in a charter school shall be the sum of the school
1013	district's operating funds from the Florida Education Finance
1014	Program as provided in s. 1011.62 and the General Appropriations
1015	Act, including gross state and local funds, discretionary
1016	lottery funds, and funds from the school district's current
1017	operating discretionary millage levy; divided by total funded
1018	weighted full-time equivalent students in the school district;
1019	multiplied by the weighted full-time equivalent students for the
1020	charter school. Charter schools whose students or programs meet
1021	the eligibility criteria in law shall be entitled to their
1022	proportionate share of categorical program funds included in the
1023	total funds available in the Florida Education Finance Program
1024	by the Legislature, including transportation. Total funding for
1025	each charter school shall be recalculated during the year to
1026	reflect the revised calculations under the Florida Education
1027	Finance Program by the state and the actual weighted full-time
1028	equivalent students reported by the charter school during the
1029	full-time equivalent student survey periods designated by the
1030	Commissioner of Education. Florida Education Finance Program
1031	funds for a charter school must be distributed to the charter
1032	school by the district school board within 10 days after receipt
1033	from the state.
1034	(c)  If the sponsor district school board is providing
1035	programs or services to students funded by federal funds, any
1036	eligible students enrolled in charter schools in the school
1037	district shall be provided federal funds for the same level of
1038	service provided students in the schools operated by the
1039	district school board. Pursuant to provisions of 20 U.S.C. 8061
1040	s. 10306, all charter schools shall receive all federal funding
1041	for which the school is otherwise eligible, including Title I
1042	funding and funding under the Individuals with Disabilities
1043	Education Act, not later than 5 months after the charter school
1044	first opens and within 5 months after any subsequent expansion
1045	of enrollment.
1046	(18)  FACILITIES.--
1047	(e)  If a district school board facility or property is
1048	available because it is surplus, marked for disposal, or
1049	otherwise unused, it shall be provided for a charter school's
1050	use on the same basis as it is made available to other public
1051	schools in the district. If a school district closes a public
1052	school, the property and facilities must first be made available
1053	within 60 days, for lease or purchase, to charter schools within
1054	the district to be used for educational purposes. A charter
1055	school receiving property from the school district may not sell
1056	or dispose of such property without written permission of the
1057	school district. Similarly, for an existing public school
1058	converting to charter status, no rental or leasing fee for the
1059	existing facility or for the property normally inventoried to
1060	the conversion school may be charged by the district school
1061	board to the parents and teachers organizing the charter school.
1062	The charter school shall agree to reasonable maintenance
1063	provisions in order to maintain the facility in a manner similar
1064	to district school board standards. The Public Education Capital
1065	Outlay maintenance funds or any other maintenance funds
1066	generated by the facility operated as a conversion school shall
1067	remain with the conversion school.
1068	(20)  SERVICES.--
1069	(a)  A sponsor shall provide certain administrative and
1070	educational services to charter schools. These services shall
1071	include contract management services; full-time equivalent and
1072	data reporting services; exceptional student education
1073	administration services; services related to eligibility and
1074	reporting duties required to ensure that school lunch services
1075	under the federal lunch program, consistent with the needs of
1076	the charter school, are provided by the school district at the
1077	request of the charter school, that any funds due the charter
1078	school under the federal lunch program be paid to the charter
1079	school as soon as the charter school begins serving food under
1080	the federal lunch program, and that the charter school is paid
1081	at the same time and in the same manner under the federal lunch
1082	program as other public schools serviced by the sponsor or
1083	school district; test administration services, including payment
1084	of the costs of state-required or district-required student
1085	assessments; processing of teacher certificate data services;
1086	and information services, including equal access to student
1087	information systems that are used by public schools in the
1088	district in which the charter school is located. Student
1089	performance data for each student in a charter school,
1090	including, but not limited to, FCAT scores, standardized test
1091	scores, previous public school student report cards, and student
1092	performance measures, shall be provided by the sponsor to a
1093	charter school in the same manner provided to other public
1094	schools in the district. A total administrative fee for the
1095	provision of such services shall be calculated based upon up to
1096	5 percent of the available funds defined in paragraph (17)(b)
1097	for all students. However, a sponsor may only withhold up to a
1098	5-percent administrative fee for enrollment for up to and
1099	including 500 students. For charter schools with a population of
1100	501 or more students, the difference between the total
1101	administrative fee calculation and the amount of the
1102	administrative fee withheld may only be used for capital outlay
1103	purposes specified in s. 1013.62(2). Sponsors shall not charge
1104	charter schools any additional fees or surcharges for
1105	administrative and educational services in addition to the
1106	maximum 5-percent administrative fee withheld pursuant to this
1107	paragraph.
1108	(21)  PUBLIC INFORMATION ON CHARTER SCHOOLS.--
1109	(a)  The Department of Education shall provide information
1110	to the public, directly and through sponsors, both on how to
1111	form and operate a charter school and on how to enroll in
1112	charter schools once they are created. This information shall
1113	include a standard application format, charter format,
1114	evaluation instrument, and charter renewal format which shall
1115	include the information specified in subsection (7) and shall be
1116	developed by consulting and negotiating with both school
1117	districts, the Florida Schools of Excellence Commission, and
1118	charter schools before implementation. These formats shall be
1119	used as guidelines by charter school sponsors.
1120	(b)1.  The Department of Education shall report student
1121	assessment data pursuant to s. 1008.34(3)(b) which is reported
1122	to schools that receive a school grade pursuant to s. 1008.34 or
1123	student assessment data pursuant to s. 1008.341(3) which is
1124	reported to alternative schools that receive a school
1125	improvement rating pursuant to s. 1008.341 to each charter
1126	school that:
1127	a.  Does not receive a school grade pursuant to s. 1008.34
1128	or a school improvement rating pursuant to s. 1008.341; and
1129	b.  Serves at least 10 students who are tested on the
1130	statewide assessment test pursuant to s. 1008.22.
1131	2.  The charter school shall report the information in
1132	subparagraph 1. to each parent of a student at the charter
1133	school, the district in which the charter school is located, and
1134	the governing board of the charter school. This paragraph does
1135	not abrogate the provisions of s. 1002.22, relating to student
1136	records, and the requirements of 20 U.S.C. s. 1232g, the Family
1137	Educational Rights and Privacy Act.
1138	3.a.  Pursuant to this paragraph, the Department of
1139	Education shall compare the charter school student performance
1140	data for each charter school in subparagraph 1. with the student
1141	performance data in traditional public schools in the district
1142	in which the charter school is located and other charter schools
1143	in the state. For charter alternative schools, the department
1144	shall compare the student performance data described in this
1145	paragraph with all alternative schools in the state. The
1146	comparative data shall be provided by the following grade
1147	groupings:
1148	(I)  Grades 3 through 5.
1149	(II)  Grades 6 through 8.
1150	(III)  Grades 9 through 11.
1151	b.  Each charter school shall make the information in this
1152	paragraph available to the public.
1153	(23)  ANALYSIS OF CHARTER SCHOOL PERFORMANCE.--Upon receipt
1154	of the annual report required by paragraph (9)(k) (9)(l), the
1155	Department of Education shall provide to the State Board of
1156	Education, the Commissioner of Education, the Governor, the
1157	President of the Senate, and the Speaker of the House of
1158	Representatives an analysis and comparison of the overall
1159	performance of charter school students, to include all students
1160	whose scores are counted as part of the statewide assessment
1161	program, versus comparable public school students in the
1162	district as determined by the statewide assessment program
1163	currently administered in the school district, and other
1164	assessments administered pursuant to s. 1008.22(3).
1165	(24)  RESTRICTION ON EMPLOYMENT OF RELATIVES.--
1166	(a)  This subsection applies to charter school personnel in
1167	a charter school operated by a private entity. Charter school
1168	personnel in schools operated by a municipality or other public
1169	entity are subject to s. 112.3135.
1170	(b)  As used in this subsection, the term:
1171	1.  "Charter school personnel" means a charter school
1172	owner, president, chair of the governing board of directors,
1173	superintendent, governing board member, principal, assistant
1174	principal, or any other person employed by the charter school
1175	having equivalent decisionmaking authority and in whom is vested
1176	the authority, or to whom the authority has been delegated, to
1177	appoint, employ, promote, or advance individuals or to recommend
1178	individuals for appointment, employment, promotion, or
1179	advancement in connection with employment in a charter school,
1180	including the authority as a member of a governing board of a
1181	charter school to vote on the appointment, employment,
1182	promotion, or advancement of individuals.
1183	2.  "Relative" means father, mother, son, daughter,
1184	brother, sister, husband, wife, father-in-law, mother-in-law,
1185	son-in-law, daughter-in-law, brother-in-law, sister-in-law,
1186	stepfather, stepmother, stepson, stepdaughter, stepbrother,
1187	stepsister, half brother, or half sister.
1188	3.  "Supervise" means the appointment, employment,
1189	promotion, or advancement of an individual or recommendation of
1190	the appointment, employment, promotion, or advancement of an
1191	individual.
1192	(c)  Charter school personnel may not supervise a relative
1193	in the charter school in which the personnel serve unless the
1194	governing board of the charter school unanimously waives this
1195	provision. Such waiver shall be annually reported by the
1196	governing board to the charter school's sponsor and shall be
1197	included in the report under paragraph (9)(k).
1198	(25)  STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.--
1199	(a)  A member of a governing board of a charter school,
1200	including a charter school operated by a private entity, is
1201	subject to the provisions of ss. 112.313(2), (3), (7), (12), and
1202	(15) and 112.3143(3).
1203	(b)  A member of a governing board of a charter school
1204	operated by a municipality or other public entity is subject to
1205	the provisions of s. 112.3144, relating to the disclosure of
1206	financial interests.
1207	Section 8.  Subsection (5), paragraph (a) of subsection
1208	(7),  and paragraph (a) of subsection (11) of section 1002.335,
1209	Florida Statutes, are amended to read:
1210	1002.335  Florida Schools of Excellence Commission.--
1211	(5)  CHARTERING AUTHORITY.--
1212	(a)  A charter school applicant may submit an application
1213	to the commission only if the school district in which the FSE
1214	charter school is to be located has not retained exclusive
1215	authority to authorize charter schools as provided in paragraph
1216	(e). If a district school board has not retained exclusive
1217	authority to authorize charter schools as provided in paragraph
1218	(e), the district school board and the commission shall have
1219	concurrent authority to authorize charter schools and FSE
1220	charter schools, respectively, to be located within the
1221	geographic boundaries of the school district. The district
1222	school board shall monitor and oversee all charter schools
1223	authorized by the district school board pursuant to s. 1002.33.
1224	The commission shall monitor and oversee all FSE charter schools
1225	sponsored by the commission pursuant to subsection (4).
1226	(b)  Paragraph (e) may not be construed to eliminate the
1227	ability of a district school board to authorize charter schools
1228	pursuant to s. 1002.33. A district school board shall retain the
1229	authority to reauthorize and to oversee any charter school that
1230	it has authorized, except with respect to any charter school
1231	that is converted to an FSE charter school under this section.
1232	(c)  For fiscal year 2008-2009 and every 4 fiscal years
1233	thereafter 2007-2008 and for each fiscal year thereafter, a
1234	district school board may seek to retain exclusive authority to
1235	authorize charter schools within the geographic boundaries of
1236	the school district by presenting to the State Board of
1237	Education, on or before March 1 of the fiscal year prior to that
1238	for which the exclusive authority is to apply, a written
1239	resolution adopted by the district school board indicating the
1240	intent to seek retain exclusive authority to authorize charter
1241	schools. A district school board may seek to retain the
1242	exclusive authority to authorize charter schools by presenting
1243	to the state board the written resolution on or before a date 60
1244	days after establishment of the commission. The written
1245	resolution shall be accompanied by a written description
1246	addressing the elements described in paragraph (e). The district
1247	school board shall provide a complete copy of the resolution,
1248	including the description, to each charter school authorized by
1249	the district school board on or before the date it submits the
1250	resolution to the state board.
1251	(d)  A party may challenge the grant of exclusive authority
1252	made by the State Board of Education pursuant to paragraph (e)
1253	by filing with the state board a notice of challenge within 30
1254	days after the state board grants exclusive authority. The
1255	notice shall be accompanied by a specific written description of
1256	the basis for the challenge. The challenging party, at the time
1257	of filing notice with the state board, shall provide a copy of
1258	the notice of challenge to the district school board that has
1259	been granted exclusive authority. The state board shall permit
1260	the district school board the opportunity to appear and respond
1261	in writing to the challenge. The state board shall make a
1262	determination upon the challenge within 60 days after receiving
1263	the notice of challenge.
1264	(e)  The State Board of Education shall grant to a district
1265	school board exclusive authority to authorize charter schools
1266	within the geographic boundaries of the school district if the
1267	state board determines, after adequate notice, in a public
1268	hearing, and after receiving input from any charter school
1269	authorized by the district school board, that the district
1270	school board has provided fair and equitable treatment to its
1271	charter schools during the 4 years prior to the district school
1272	board's submission of the resolution described in paragraph (c).
1273	The state board's review of the resolution shall, at a minimum,
1274	include consideration of the following:
1275	1.  Compliance with the provisions of s. 1002.33.
1276	2.  Compliance with full and accurate accounting practices
1277	and charges for central administrative overhead costs.
1278	3.  Compliance with requirements allowing a charter school,
1279	at its discretion, to purchase certain services or a combination
1280	of services at actual cost to the district.
1281	4.  The absence of a district school board moratorium
1282	regarding charter schools or the absence of any districtwide
1283	charter school enrollment limits.
1284	5.  Compliance with valid orders of the state board.
1285	6.  The provision of assistance to charter schools to meet
1286	their facilities needs by including those needs in local bond
1287	issues or otherwise providing available land and facilities that
1288	are comparable to those provided to other public school students
1289	in the same grade levels within the school district.
1290	7.  The distribution to charter schools authorized by the
1291	district school board of a pro rata share of federal and state
1292	grants received by the district school board, except for any
1293	grant received for a particular purpose which, by its express
1294	terms, is intended to benefit a student population not able to
1295	be served by, or a program not able to be offered at, a charter
1296	school that did not receive a proportionate share of such grant
1297	proceeds.
1298	8.  The provision of adequate staff and other resources to
1299	serve charter schools authorized by the district school board,
1300	which services are provided by the district school board at a
1301	cost to the charter schools that does not exceed their actual
1302	cost to the district school board.
1303	9.  The lack of a policy or practice of imposing individual
1304	charter school enrollment limits, except as otherwise provided
1305	by law.
1306	10.  The provision of an adequate number of educational
1307	choice programs to serve students exercising their rights to
1308	transfer pursuant to the "No Child Left Behind Act of 2001,"
1309	Pub. L. No. 107-110, and a history of charter school approval
1310	that encourages chartering.
1311	(f)  The decision of the State Board of Education to grant
1312	or deny exclusive authority to a district school board pursuant
1313	to paragraph (e) shall be effective for 4 fiscal years, shall
1314	not be subject to the provisions of chapter 120, and shall be a
1315	final action subject to judicial review by the district court of
1316	appeal.
1317	(g)  For district school boards that have no discernible
1318	history of authorizing charter schools, the State Board of
1319	Education may not grant exclusive authority unless the district
1320	school board demonstrates that no approvable application has
1321	come before the district school board.
1322	(h)  A grant of exclusive authority by the State Board of
1323	Education shall continue so long as a district school board
1324	continues to comply with this section and has presented a
1325	written resolution to the state board as set forth in paragraph
1326	(c).
1327	(h)(i)  Notwithstanding any other provision of this section
1328	to the contrary, a district school board may permit the
1329	establishment of one or more FSE charter schools within the
1330	geographic boundaries of the school district by adopting a
1331	favorable resolution and submitting the resolution to the State
1332	Board of Education. The resolution shall be effective until it
1333	is rescinded by resolution of the district school board.
1334	(7)  COSPONSOR AGREEMENT.--
1335	(a)  Upon approval of a cosponsor, the commission and the
1336	cosponsor shall enter into an agreement that defines the
1337	cosponsor's rights and obligations and includes the following:
1338	1.  An explanation of the personnel, contractual and
1339	interagency relationships, and potential revenue sources
1340	referenced in the application as required in paragraph (6)(c).
1341	2.  Incorporation of the requirements of equal access for
1342	all students, including any plans to provide food service or
1343	transportation reasonably necessary to provide access to as many
1344	students as possible.
1345	3.  Incorporation of the requirement to serve low-income,
1346	low-performing, gifted, or underserved student populations.
1347	4.  An explanation of the academic and financial goals and
1348	expected outcomes for the cosponsor's charter schools and the
1349	method and plans by which they will be measured and achieved as
1350	referenced in the application.
1351	5.  The conflict-of-interest policies referenced in the
1352	application.
1353	6.  An explanation of the disposition of facilities and
1354	assets upon termination and dissolution of a charter school
1355	approved by the cosponsor.
1356	7.a.  A provision requiring the cosponsor to annually
1357	appear before the commission and provide a report as to the
1358	information provided pursuant to s. 1002.33(9)(k)(l) for each of
1359	its charter schools.
1360	b.  A provision requiring the cosponsor to perform the
1361	duties provided for in s. 1002.345.
1362	c.  A provision requiring the governing board to perform
1363	the duties provided for in s. 1002.345, including monitoring the
1364	corrective action plan.
1365	8.  A provision requiring that the cosponsor report the
1366	student enrollment in each of its sponsored charter schools to
1367	the district school board of the county in which the school is
1368	located.
1369	9.  A provision requiring that the cosponsor work with the
1370	commission to provide the necessary reports to the State Board
1371	of Education.
1372	10.  Any other reasonable terms deemed appropriate by the
1373	commission given the unique characteristics of the cosponsor.
1374	(11)  APPLICATION OF CHARTER SCHOOL STATUTE.--
1375	(a)  The provisions of s. 1002.33(7)-(12), (14), and (16)-
1376	(19), (21)(b), (24), and (25) shall apply to the commission and
1377	the cosponsors and charter schools approved pursuant to this
1378	section.
1379	Section 9.  Subsections (4) and (5), paragraphs (d) and (f)
1380	of subsection (6), paragraph (c) of subsection (10), and
1381	subsection (13) of section 1002.34, Florida Statutes, are
1382	amended to read:
1383	1002.34  Charter technical career centers.--
1384	(4)  CHARTER.--A sponsor may designate centers as provided
1385	in this section. An application to establish a center may be
1386	submitted by a sponsor or another organization that is
1387	determined, by rule of the State Board of Education, to be
1388	appropriate. However, an independent school is not eligible for
1389	status as a center. The charter must be signed by the governing
1390	body of the center and the sponsor, and must be approved by the
1391	district school board and community college board of trustees in
1392	whose geographic region the facility is located. If a charter
1393	technical career center is established by the conversion to
1394	charter status of a public technical center formerly governed by
1395	a district school board, the charter status of that center takes
1396	precedence in any question of governance. The governance of the
1397	center or of any program within the center remains with its
1398	board of directors unless the board agrees to a change in
1399	governance or its charter is revoked as provided in subsection
1400	(15). Such a conversion charter technical career center is not
1401	affected by a change in the governance of public technical
1402	centers or of programs within other centers that are or have
1403	been governed by district school boards. A charter technical
1404	career center, or any program within such a center, that was
1405	governed by a district school board and transferred to a
1406	community college prior to the effective date of this act is not
1407	affected by this provision. An applicant who wishes to establish
1408	a center must submit to the district school board or community
1409	college board of trustees, or a consortium of one or more of
1410	each, an application on a form developed by the Department of
1411	Education that includes:
1412	(a)  The name of the proposed center.
1413	(b)  The proposed structure of the center, including a list
1414	of proposed members of the board of directors or a description
1415	of the qualifications for and method of their appointment or
1416	election.
1417	(c)  The workforce development goals of the center, the
1418	curriculum to be offered, and the outcomes and the methods of
1419	assessing the extent to which the outcomes are met.
1420	(d)  The admissions policy and criteria for evaluating the
1421	admission of students.
1422	(e)  A description of the staff responsibilities and the
1423	proposed qualifications of the teaching staff.
1424	(f)  A description of the procedures to be implemented to
1425	ensure significant involvement of representatives of business
1426	and industry in the operation of the center.
1427	(g)  A method for determining whether a student has
1428	satisfied the requirements for graduation specified in s.
1429	1003.43 and for completion of a postsecondary certificate or
1430	degree.
1431	(h)  A method for granting secondary and postsecondary
1432	diplomas, certificates, and degrees.
1433	(i)  A description of and address for the physical facility
1434	in which the center will be located.
1435	(j)  A method of resolving conflicts between the governing
1436	body of the center and the sponsor and between consortium
1437	members, if applicable.
1438	(k)  A method for reporting student data as required by law
1439	and rule.
1440	(l)  The identity of all relatives employed by the charter
1441	technical career center who are related to the center owner,
1442	president, chair of the governing board of directors,
1443	superintendent, governing board member, principal, assistant
1444	principal, or any other person employed by the center who has
1445	equivalent decisionmaking authority. As used in this paragraph,
1446	the term "relative" means father, mother, son, daughter,
1447	brother, sister, husband, wife, father-in-law, mother-in-law,
1448	son-in-law, daughter-in-law, brother-in-law, sister-in-law,
1449	stepfather, stepmother, stepson, stepdaughter, stepbrother,
1450	stepsister, half brother, or half sister.
1451	(m)(l)  Other information required by the district school
1452	board or community college board of trustees.
1453
1454	Students at a center must meet the same testing and academic
1455	performance standards as those established by law and rule for
1456	students at public schools and public technical centers. The
1457	students must also meet any additional assessment indicators
1458	that are included within the charter approved by the district
1459	school board or community college board of trustees.
1460	(5)  APPLICATION.--An application to establish a center
1461	must be submitted by February 1 of the year preceding the school
1462	year in which the center will begin operation. The sponsor must
1463	review the application using an evaluation instrument developed
1464	by the Department of Education and make a final decision on
1465	whether to approve the application and grant the charter by
1466	March 1, and may condition the granting of a charter on the
1467	center's taking certain actions or maintaining certain
1468	conditions. Such actions and conditions must be provided to the
1469	applicant in writing. The district school board or community
1470	college board of trustees is not required to issue a charter to
1471	any person.
1472	(6)  SPONSOR.--A district school board or community college
1473	board of trustees or a consortium of one or more of each may
1474	sponsor a center in the county in which the board has
1475	jurisdiction.
1476	(d)  The Department of Education shall offer or arrange for
1477	training and technical assistance to applicants in developing
1478	business plans and estimating costs and income. This assistance
1479	shall address estimating startup costs, projecting enrollment,
1480	and identifying the types and amounts of state and federal
1481	financial assistance the center will be eligible to receive. The
1482	training shall include instruction in accurate financial
1483	planning and good business practices may provide technical
1484	assistance to an applicant upon written request.
1485	(f)  The sponsor shall monitor and review the center's
1486	progress toward charter goals and shall monitor the center's
1487	revenues and expenditures. The sponsor shall perform the duties
1488	provided for in s. 1002.345.
1489	(10)  EXEMPTION FROM STATUTES.--
1490	(c)  A center must comply with the antidiscrimination
1491	provisions of s. 1000.05 and the provisions of s. 1002.33(24)
1492	relating to the employment of relatives.
1493	(13)  BOARD OF DIRECTORS AUTHORITY.--The board of directors
1494	of a center may decide matters relating to the operation of the
1495	school, including budgeting, curriculum, and operating
1496	procedures, subject to the center's charter. The board of
1497	directors is responsible for performing the duties provided for
1498	in s. 1002.345, including monitoring the corrective action plan.
1499	The board of directors must comply with the provisions of s.
1500	1002.33(24) and (25).
1501	Section 10.  Section 1002.345, Florida Statutes, is created
1502	to read:
1503	1002.345  Determination of material financial weaknesses
1504	and financial emergencies for charter schools and charter
1505	technical career centers.--This section applies to charter
1506	schools operating pursuant to ss. 1002.33 and 1002.335 and to
1507	charter technical career centers operating pursuant to s.
1508	1002.34.
1509	(1)  MATERIAL FINANCIAL WEAKNESS; REQUIREMENTS.--
1510	(a)  A charter school and a charter technical career center
1511	shall be subject to an expedited review by the sponsor when any
1512	one of the following conditions occurs:
1513	1.  An end-of-year financial deficit greater than the
1514	school's combined cash and accounts receivable balances.
1515	2.  A substantial decline in student enrollment without a
1516	commensurate percentage reduction in expenses. A substantial
1517	decline is a decline of greater than 25 percent.
1518	3.  An outstanding debt in excess of the land, property,
1519	and equipment balances.
1520	4.  Failure to meet financial reporting requirements
1521	pursuant to s. 1002.33(9), s. 1002.335(7)(a)7., or s.
1522	1002.34(14).
1523	5.  Inadequate financial controls or other adverse
1524	financial conditions not corrected in 120 days as identified
1525	through an annual audit conducted pursuant to s. 218.39.
1526	6.  Negative financial findings cited in reports by the
1527	Auditor General or the Office of Program Policy Analysis and
1528	Government Accountability.
1529	(b)  A sponsor shall notify the governing board within 7
1530	working days when one or more of the conditions specified in
1531	paragraph (a) occur.
1532	(c)  The governing board and the sponsor shall develop a
1533	corrective action plan and file the plan with the Commissioner
1534	of Education and the Florida Schools of Excellence Commission
1535	within 30 working days. If the governing board and the sponsor
1536	are unable to agree on a corrective action plan, the State Board
1537	of Education shall determine the components of the plan. The
1538	governing board shall implement the plan.
1539	(d)  The governing board shall include the corrective
1540	action plan and the status of its implementation in the annual
1541	progress report to the sponsor that is required under s.
1542	1002.33(9)(k), s. 1002.335(7)(a)7., or s. 1002.34(14).
1543	(e)  If the governing board fails to implement the
1544	corrective action plan within 1 year, the State Board of
1545	Education shall prescribe any steps necessary for the charter
1546	school or the charter technical career center to comply with
1547	state requirements.
1548	(f)  The chair of the governing board shall annually appear
1549	before the State Board of Education and report on the
1550	implementation of the State Board of Education's requirements.
1551	(2)  FINANCIAL EMERGENCY; DEFICIT FUND BALANCE; DEFICIT NET
1552	ASSETS; REQUIREMENTS.--
1553	(a)  A charter school and a charter technical career center
1554	shall provide for a certified public accountant or auditor to
1555	conduct an annual financial audit in accordance with s. 218.39.
1556	(b)  The charter shall ensure that, if an annual financial
1557	audit of a charter school or charter technical career center
1558	reveals that one or more of the conditions in s. 218.503(1) have
1559	occurred or will occur if action is not taken or if a charter
1560	school or charter technical career center has a deficit fund
1561	balance or deficit net assets, the auditor must notify the
1562	governing board of the charter school or charter technical
1563	career center, as appropriate, the sponsor, and the Commissioner
1564	of Education.
1565	(c)  When a financial audit conducted by a certified public
1566	accountant in accordance with s. 218.39 reveals that one or more
1567	of the conditions in s. 218.503(1) have occurred or will occur
1568	if action is not taken or when a deficit fund balance or deficit
1569	net assets exist, the auditor shall notify and provide the
1570	financial audit to the governing board of the charter school or
1571	charter technical career center, as appropriate, the sponsor,
1572	and the Commissioner of Education within 7 working days after
1573	the finding is made.
1574	(3)  REPORT.--The Commissioner of Education shall annually
1575	report to the State Board of Education each charter school and
1576	charter technical career center that is subject to a financial
1577	recovery plan or a corrective action plan under this section.
1578	(4)  RULES.--The State Board of Education shall adopt rules
1579	for developing financial recovery and corrective action plans.
1580	(5)  TECHNICAL ASSISTANCE.--The Department of Education
1581	shall provide technical assistance to charter schools, charter
1582	technical career centers, governing boards, and sponsors in
1583	developing financial recovery and corrective action plans.
1584	(6)  FAILURE TO CORRECT DEFICIENCIES.--The sponsor may
1585	choose not to renew or may terminate a charter if the charter
1586	school or charter technical career center fails to correct the
1587	deficiencies noted in the corrective action plan within 1 year
1588	or exhibits one or more financial emergency conditions as
1589	provided in s. 218.503 for 2 consecutive years.
1590	Section 11.  Subsection (2) of section 1011.71, Florida
1591	Statutes, is amended to read:
1592	1011.71  District school tax.--
1593	(2)  In addition to the maximum millage levy as provided in
1594	subsection (1), each school board may levy not more than 2 mills
1595	against the taxable value for school purposes for district
1596	schools, including charter schools. Each school board shall
1597	determine an equitable amount of revenue generated under this
1598	subsection which shall be shared with the charter schools
1599	located within its district. Revenue under this subsection may
1600	be used at the discretion of the school board, to fund:
1601	(a)  New construction and remodeling projects, as set forth
1602	in s. 1013.64(3)(b) and (6)(b) and included in the district's
1603	educational plant survey pursuant to s. 1013.31, without regard
1604	to prioritization, sites and site improvement or expansion to
1605	new sites, existing sites, auxiliary facilities, athletic
1606	facilities, or ancillary facilities.
1607	(b)  Maintenance, renovation, and repair of existing school
1608	plants or of leased facilities to correct deficiencies pursuant
1609	to s. 1013.15(2).
1610	(c)  The purchase, lease-purchase, or lease of school
1611	buses.
1612	(d)  The purchase, lease-purchase, or lease of new and
1613	replacement equipment.
1614	(e)  Payments for educational facilities and sites due
1615	under a lease-purchase agreement entered into by a district
1616	school board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not
1617	exceeding, in the aggregate, an amount equal to three-fourths of
1618	the proceeds from the millage levied by a district school board
1619	pursuant to this subsection.
1620	(f)  Payment of loans approved pursuant to ss. 1011.14 and
1621	1011.15.
1622	(g)  Payment of costs directly related to complying with
1623	state and federal environmental statutes, rules, and regulations
1624	governing school facilities.
1625	(h)  Payment of costs of leasing relocatable educational
1626	facilities, of renting or leasing educational facilities and
1627	sites pursuant to s. 1013.15(2), or of renting or leasing
1628	buildings or space within existing buildings pursuant to s.
1629	1013.15(4).
1630	(i)  Payment of the cost of school buses when a school
1631	district contracts with a private entity to provide student
1632	transportation services if the district meets the requirements
1633	of this paragraph.
1634	1.  The district's contract must require that the private
1635	entity purchase, lease-purchase, or lease, and operate and
1636	maintain, one or more school buses of a specific type and size
1637	that meet the requirements of s. 1006.25.
1638	2.  Each such school bus must be used for the daily
1639	transportation of public school students in the manner required
1640	by the school district.
1641	3.  Annual payment for each such school bus may not exceed
1642	10 percent of the purchase price of the state pool bid.
1643	4.  The proposed expenditure of the funds for this purpose
1644	must have been included in the district school board's notice of
1645	proposed tax for school capital outlay as provided in s.
1646	200.065(10).
1647	(j)  Payment of the cost of the opening day collection for
1648	the library media center of a new school.
1649	Section 12.  Paragraph (f) is added to subsection (2) of
1650	section 1013.62, Florida Statutes, to read:
1651	1013.62  Charter schools capital outlay funding.--
1652	(2)  A charter school's governing body may use charter
1653	school capital outlay funds for the following purposes:
1654	(f)  Any of the purposes set forth in s. 1011.71(2).
1655
1656	Conversion charter schools may use capital outlay funds received
1657	through the reduction in the administrative fee provided in s.
1658	1002.33(20) for renovation, repair, and maintenance of school
1659	facilities that are owned by the sponsor.
1660	Section 13. Subsection (1) of section 1013.735, Florida
1661	Statutes, is amended to read:
1662	1013.735  Classrooms for Kids Program.--
1663	(1)  ALLOCATION.--The department shall allocate funds
1664	appropriated for the Classrooms for Kids Program. It is the
1665	intent of the Legislature that this program be administered as
1666	nearly as practicable in the same manner as the capital outlay
1667	program authorized under s. 9(a), Art. XII of the State
1668	Constitution. Each district school board's share of the annual
1669	appropriation for the Classrooms for Kids Program must be
1670	calculated according to the following formula:
1671	(a)  Twenty-five percent of the appropriation shall be
1672	prorated to the districts based on each district's percentage of
1673	K-12 base capital outlay full-time equivalent membership,
1674	including charter school full-time equivalent membership. Each
1675	district shall provide each charter school within the district
1676	with its proportionate share of funds under this paragraph.
1677	(b)  Sixty-five and 65 percent of the appropriation shall
1678	be based on each district's percentage of K-12 growth capital
1679	outlay full-time equivalent membership as specified for the
1680	allocation of funds from the Public Education Capital Outlay and
1681	Debt Service Trust Fund by s. 1013.64(3).
1682	(c)(b)  Ten percent of the appropriation must be allocated
1683	among district school boards according to the allocation formula
1684	in s. 1013.64(1)(a), excluding adult vocational technical
1685	facilities.
1686	Section 14.  This act shall take effect July 1, 2008.

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