Florida Senate - 2008 (Reformatted) SB 238

By Senator Wise

5-00022-08 2008238__

A bill to be entitled

An act relating to charter schools; amending s. 121.091,

F.S.; increasing the period of time during which certain

charter school instructional personnel may participate in

the Florida Retirement System Deferred Retirement Option

Program; extending such participation to certain school

district prekindergarten instructional personnel; deleting

an obsolete provision; amending s. 1002.33, F.S.;

prohibiting unlawful reprisals against a charter school by

the school's sponsor; providing for the relief of a

charter school; authorizing a charter school and its

sponsor to mutually agree to the school's opening and

closing dates; revising provisions relating to charter

school renewal terms; revising provisions relating to the

charter school's annual report; providing for the monthly

distribution of funds to charter schools; providing

priority to charter schools for the lease or purchase of

public school property and facilities; providing a

declaration of important state interest; providing an

effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Paragraphs (a) and (b) of subsection (13) of

section 121.091, Florida Statutes, are amended to read:

121.091 Benefits payable under the system.--Benefits may

not be paid under this section unless the member has terminated

employment as provided in s. 121.021(39)(a) or begun

participation in the Deferred Retirement Option Program as

provided in subsection (13), and a proper application has been

filed in the manner prescribed by the department. The department

may cancel an application for retirement benefits when the member

or beneficiary fails to timely provide the information and

documents required by this chapter and the department's rules.

The department shall adopt rules establishing procedures for

application for retirement benefits and for the cancellation of

such application when the required information or documents are

not received.

(13) DEFERRED RETIREMENT OPTION PROGRAM.--In general, and

subject to the provisions of this section, the Deferred

Retirement Option Program, hereinafter referred to as the DROP,

is a program under which an eligible member of the Florida

Retirement System may elect to participate, deferring receipt of

retirement benefits while continuing employment with his or her

Florida Retirement System employer. The deferred monthly benefits

shall accrue in the System Trust Fund on behalf of the

participant, plus interest compounded monthly, for the specified

period of the DROP participation, as provided in paragraph (c).

Upon termination of employment, the participant shall receive the

total DROP benefits and begin to receive the previously

determined normal retirement benefits. Participation in the DROP

does not guarantee employment for the specified period of DROP.

Participation in the DROP by an eligible member beyond the

initial 60-month period as authorized in this subsection shall be

on an annual contractual basis for all participants.

(a) Eligibility of member to participate in the DROP.--All

active Florida Retirement System members in a regularly

established position, and all active members of either the

Teachers' Retirement System established in chapter 238 or the

State and County Officers' and Employees' Retirement System

established in chapter 122, which systems are consolidated within

the Florida Retirement System under s. 121.011, are eligible to

elect participation in the DROP if provided that:

1. The member is not a renewed member of the Florida

Retirement System under s. 121.122, or a member of the State

Community College System Optional Retirement Program under s.

121.051, the Senior Management Service Optional Annuity Program

under s. 121.055, or the optional retirement program for the

State University System under s. 121.35.

2. Except as provided in subparagraph 6., election to

participate is made within 12 months immediately following the

date on which the member first reaches normal retirement date,

or, for a member who reaches normal retirement date based on

service before he or she reaches age 62, or age 55 for Special

Risk Class members, election to participate may be deferred to

the 12 months immediately following the date the member attains

57, or age 52 for Special Risk Class members. For a member who

first reached normal retirement date or the deferred eligibility

date described above prior to the effective date of this section,

election to participate shall be made within 12 months after the

effective date of this section. A member who fails to make an

election within the such 12-month limitation period shall forfeit

all rights to participate in the DROP. The member shall advise

his or her employer and the division in writing of the date on

which the DROP shall begin. The Such beginning date may be

subsequent to the 12-month election period, but must be within

the 60-month or, with respect to members who are instructional

personnel employed by the Florida School for the Deaf and the

Blind and who have received authorization by the Board of

Trustees of the Florida School for the Deaf and the Blind to

participate in the DROP beyond 60 months, or who are

instructional personnel as defined in s. 1012.01(2)(a)-(d) in

grades K-12 and who have received authorization by the district

school superintendent to participate in the DROP beyond 60

months, the 96-month maximum participation limitation period as

provided in subparagraph (b)1. When establishing eligibility of

the member to participate in the DROP for the 60-month or, with

respect to members who are instructional personnel employed by

the Florida School for the Deaf and the Blind and who have

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received authorization by the Board of Trustees of the Florida

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School for the Deaf and the Blind to participate in the DROP

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beyond 60 months, or who are instructional personnel as defined

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in s. 1012.01(2)(a)-(d) in grades K-12 and who have received

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authorization by the district school superintendent to

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participate in the DROP beyond 60 months, the 96-month maximum

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participation period, the member may elect to include or exclude

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any optional service credit purchased by the member from the

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total service used to establish the normal retirement date. A

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member with dual normal retirement dates is shall be eligible to

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elect to participate in DROP within 12 months after attaining

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normal retirement date in either class.

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3. The employer of a member electing to participate in the

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DROP, or employers if dually employed, shall acknowledge in

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writing to the division the date the member's participation in

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the DROP begins and the date the member's employment and DROP

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participation will terminate.

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4. Simultaneous employment of a participant by additional

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Florida Retirement System employers subsequent to the

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commencement of participation in the DROP is shall be permissible

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provided such employers acknowledge in writing a DROP termination

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date no later than the participant's existing termination date or

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the 60-month participation limitation period as provided in

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subparagraph (b)1.

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5. A DROP participant may change employers while

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participating in the DROP, subject to the following:

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a. A change of employment must take place without a break

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in service so that the member receives salary for each month of

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continuous DROP participation. If a member receives no salary

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during a month, DROP participation shall cease unless the

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employer verifies a continuation of the employment relationship

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for such participant pursuant to s. 121.021(39)(b).

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b. Such participant and new employer shall notify the

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division of the identity of the new employer on forms required by

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the division as to the identity of the new employer.

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c. The new employer shall acknowledge, in writing, the

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participant's DROP termination date, which may be extended but

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not beyond the original 60-month or, with respect to members who

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are instructional personnel employed by the Florida School for

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the Deaf and the Blind and who have received authorization by the

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Board of Trustees of the Florida School for the Deaf and the

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Blind to participate in the DROP beyond 60 months, or who are

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instructional personnel as defined in s. 1012.01(2)(a)-(d) in

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grades K-12 and who have received authorization by the district

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school superintendent to participate in the DROP beyond 60

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months, the 96-month maximum participation period provided in

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subparagraph (b)1., shall acknowledge liability for any

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additional retirement contributions and interest required if the

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participant fails to timely terminate employment, and shall be

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subject to the adjustment required in sub-subparagraph (c)5.d.

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6. Effective July 1, 2001, for instructional personnel as

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defined in s. 1012.01 s. 1012.01(2), election to participate in

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the DROP may shall be made at any time following the date on

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which the member first reaches normal retirement date. The member

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shall advise his or her employer and the division in writing of

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the date on which DROP the Deferred Retirement Option Program

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shall begin. When establishing eligibility of the member to

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participate in the DROP for the 60-month or, with respect to

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members who are instructional personnel employed by the Florida

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School for the Deaf and the Blind and who have received

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authorization by the Board of Trustees of the Florida School for

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the Deaf and the Blind to participate in the DROP beyond 60

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months, or who are instructional personnel as defined in s.

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1012.01(2)(a)-(d) in grades K-12 and who have received

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authorization by the district school superintendent to

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participate in the DROP beyond 60 months, the 96-month maximum

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participation period, as provided in subparagraph (b)1., the

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member may elect to include or exclude any optional service

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credit purchased by the member from the total service used to

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establish the normal retirement date. A member with dual normal

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retirement dates is shall be eligible to elect to participate in

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either class.

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(b) Participation in the DROP.--

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1. An eligible member may elect to participate in the DROP

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for a period not to exceed a maximum of 60 calendar months or,

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with respect to members who are instructional personnel employed

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by the Florida School for the Deaf and the Blind and who have

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received authorization by the Board of Trustees of the Florida

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School for the Deaf and the Blind to participate in the DROP

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beyond 60 months, or who are instructional personnel as defined

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in s. 1012.01(2)(a)-(d) in prekindergarten through grade 12 who

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are funded through the Florida Education Finance Program and who

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are employed by a public school grades K-12 and who have received

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authorization by the district school superintendent to

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participate in the DROP beyond 60 calendar months, or who are

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instructional personnel as defined in s. 1012.01(2)(a)-(d) in

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prekindergarten through grade 12 who are funded through the

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Florida Education Finance Program and employed by a charter

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school and who have received authorization from the governing

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board of the charter school to participate in DROP beyond 60

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months, 96 calendar months immediately following the date on

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which the member first reaches his or her normal retirement date

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or the date to which he or she is eligible to defer his or her

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election to participate as provided in subparagraph (a)2.

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However, a member who has reached normal retirement date prior to

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the effective date of the DROP is shall be eligible to

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participate in the DROP for up to for a period of time not to

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exceed 60 calendar months or, with respect to members who are

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instructional personnel employed by the Florida School for the

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Deaf and the Blind and who have received authorization by the

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Board of Trustees of the Florida School for the Deaf and the

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Blind to participate in the DROP beyond 60 months, or who are

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instructional personnel as defined in s. 1012.01(2)(a)-(d) in

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grades K-12 and who have received authorization by the district

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school superintendent to participate in the DROP beyond 60

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calendar months, 96 calendar months, as appropriate, immediately

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following the effective date of the DROP, except that a member of

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the Special Risk Class who has reached normal retirement date

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prior to the effective date of the DROP and whose total accrued

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value exceeds 75 percent of average final compensation as of his

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or her effective date of retirement may shall be eligible to

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participate in the DROP for no more than 36 calendar months

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immediately following the effective date of the DROP.

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2. Upon deciding to participate in the DROP, the member

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shall submit, on forms required by the division:

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a. A written election to participate in the DROP;

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b. Selection of the DROP participation and termination

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dates, which satisfy the limitations stated in paragraph (a) and

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subparagraph 1. The Such termination date must shall be in a

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binding letter of resignation to with the employer, establishing

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a deferred termination date. The member may change the

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termination date within the limitations of subparagraph 1., but

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only with the written approval of the his or her employer;

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c. A properly completed DROP application for service

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retirement as provided in this section; and

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d. Any other information required by the division.

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3. The DROP participant shall be a retiree under the

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Florida Retirement System for all purposes, except for paragraph

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(5)(f) and subsection (9) and ss. 112.3173, 112.363, 121.053, and

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121.122. However, participation in the DROP does not alter the

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participant's employment status and the member is such employee

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shall not be deemed retired from employment until his or her

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deferred resignation is effective and termination occurs as

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provided in s. 121.021(39).

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4. Elected officers shall be eligible to participate in the

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DROP subject to the following:

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a. An elected officer who reaches normal retirement date

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during a term of office may defer the election to participate in

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the DROP until the next succeeding term in that office. An Such

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elected officer who exercises this option may participate in the

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DROP for up to 60 calendar months or for a period of no longer

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than the such succeeding term of office, whichever is less.

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b. An elected or a nonelected participant may run for a

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term of office while participating in DROP and, if elected,

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extend the DROP termination date accordingly, except that ,

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however, if such additional term of office exceeds the 60-month

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limitation established in subparagraph 1., and the officer does

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not resign from office within the such 60-month limitation, the

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retirement and the participant's DROP shall be null and void as

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provided in sub-subparagraph (c)5.d.

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c. An elected officer who is dually employed and elects to

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participate in DROP shall be required to satisfy the definition

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of termination within the 60-month or, with respect to members

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who are instructional personnel employed by the Florida School

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for the Deaf and the Blind and who have received authorization by

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the Board of Trustees of the Florida School for the Deaf and the

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Blind to participate in the DROP beyond 60 months, or who are

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instructional personnel as defined in s. 1012.01(2)(a)-(d) in

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grades K-12 and who have received authorization by the district

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school superintendent to participate in the DROP beyond 60

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months, the 96-month maximum participation limitation period as

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provided in subparagraph 1. for the nonelected position and may

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continue employment as an elected officer as provided in s.

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121.053. The elected officer shall will be enrolled as a renewed

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member in the Elected Officers' Class or the Regular Class, as

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provided in ss. 121.053 and 121.122, on the first day of the

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month after termination of employment in the nonelected position

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and termination of DROP. Distribution of the DROP benefits shall

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be made as provided in paragraph (c).

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Section 2. Subsections (1) and (4), paragraph (b) of

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subsection (6), paragraphs (b) and (c) of subsection (7),

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paragraph (l) of subsection (9), paragraphs (b) and (c) of

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subsection (17), and paragraph (e) of subsection (18) of section

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1002.33, Florida Statutes, are amended to read:

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1002.33 Charter schools.--

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(1) AUTHORIZATION.--Charter schools are established to

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provide a flexible, innovative, and accountable education to

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students in the state and are shall be part of the state's

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program of public education. All charter schools in Florida are

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public schools. A charter school may be formed by creating a new

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school or converting an existing public school to charter status.

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A public school may not use the term charter in its name unless

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it has been approved under this section.

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(4) UNLAWFUL REPRISAL.--

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(a) A No district school board, or district school board

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employee who has control over personnel actions, may not impose

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an shall take unlawful reprisal against another district school

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board employee because that employee is either directly or

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indirectly involved with an application to establish a charter

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school. With respect to a district school board or a district

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school board employee As used in this subsection, the term

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"unlawful reprisal" means an action taken by a district school

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board or a school system employee against an employee who is

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directly or indirectly involved in a lawful application to

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establish a charter school, which occurs as a direct result of

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that involvement, and which results in one or more of the

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following: disciplinary or corrective action; adverse transfer or

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reassignment, whether temporary or permanent; suspension,

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demotion, or dismissal; an unfavorable performance evaluation; a

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reduction in pay, benefits, or rewards; elimination of the

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employee's position absent of a reduction in workforce as a

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result of lack of moneys or work; or other adverse significant

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changes in duties or responsibilities that are inconsistent with

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the employee's salary or employment classification. A sponsor or

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a sponsor's employee may not impose an unlawful reprisal against

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a charter school that is operating under a charter with the

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sponsor. With respect to a sponsor or sponsor's employee, the

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term "unlawful reprisal" means an action taken by the sponsor or

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sponsor's employee which directly or indirectly affects the

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operations and funding of the charter school, submission of

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required reports, or the school's compliance with its charter.

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The following procedures shall apply to an alleged unlawful

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reprisal that occurs as a consequence of an employee's direct or

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indirect involvement with an application to establish a charter

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school:

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1. Within 60 days after the date upon which an unlawful a

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reprisal prohibited by this subsection is alleged to have

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occurred, an employee or school may file a complaint with the

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Department of Education.

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2. Within 3 working days after receiving a complaint under

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this section, the Department of Education shall acknowledge

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receipt of the complaint and provide copies of the complaint and

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any other relevant preliminary information available to each of

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the other parties named in the complaint, which parties shall

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each acknowledge receipt of the such copies to the complainant.

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3. If the Department of Education determines that the

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complaint demonstrates reasonable cause to suspect that an

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unlawful reprisal has occurred, the department of Education shall

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conduct an investigation to produce a fact-finding report.

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4. Within 90 days after receiving the complaint, the

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Department of Education shall provide the district school

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superintendent of the complainant's district and the complainant

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with a fact-finding report that may include recommendations to

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the parties or a proposed resolution of the complaint. The fact-

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finding report is shall be presumed admissible in any subsequent

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or related administrative or judicial review.

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5. If the Department of Education determines that

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reasonable grounds exist to believe that an unlawful reprisal has

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occurred, is occurring, or is to be taken, and is unable to

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conciliate a complaint within 60 days after receipt of the fact-

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finding report, the department of Education shall terminate the

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investigation,. Upon termination of any investigation, the

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Department of Education shall notify the complainant and the

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district school superintendent of the termination of the

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investigation, and provide providing a written summary of

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relevant facts found during the investigation and the reasons for

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terminating the investigation. The A written statement under this

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paragraph is presumed admissible as evidence in any judicial or

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administrative proceeding.

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6. The Department of Education shall either contract with

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the Division of Administrative Hearings under s. 120.65, or

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otherwise provide for a complaint for which the department of

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Education determines reasonable grounds exist to believe that an

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unlawful reprisal has occurred, is occurring, or is to be taken,

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and is unable to conciliate, to be heard by a panel of impartial

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persons. Upon hearing the complaint, the panel shall make

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findings of fact and conclusions of law for a final decision by

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the department of Education.

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It shall be an affirmative defense to any action brought pursuant

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to this section that the adverse action was predicated upon

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grounds other than, and would have been taken absent, the

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employee's or school's exercise of rights protected by this

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section.

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(b) In any action brought under this section for which it

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is determined reasonable grounds exist to believe that an

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unlawful reprisal against a school board employee has occurred,

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is occurring, or is to be taken, the relief may shall include the

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following:

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1. Reinstatement of the employee to the same position held

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before the unlawful reprisal was commenced, or to an equivalent

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position, or payment of reasonable front pay as alternative

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relief.

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2. Reinstatement of the employee's full fringe benefits and

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seniority rights, as appropriate.

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3. Compensation, if appropriate, for lost wages, benefits,

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or other lost remuneration caused by the unlawful reprisal.

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4. Payment of reasonable costs, including attorney's fees,

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to a substantially prevailing employee, or to the prevailing

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employer if the employee filed a frivolous action in bad faith.

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5. Issuance of an injunction, if appropriate, by a court of

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competent jurisdiction.

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6. Temporary reinstatement to the employee's former

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position or to an equivalent position, pending the final outcome

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of the complaint, if it is determined that the action was not

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made in bad faith or for a wrongful purpose, and did not occur

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after a district school board's initiation of a personnel action

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against the employee that includes documentation of the

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employee's violation of a disciplinary standard or performance

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deficiency.

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determined that reasonable grounds exist to believe that an

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unlawful reprisal against a charter school has occurred, is

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occurring, or is to be taken, the relief may include:

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1. The immediate cease and desist of the sponsor's policies

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and practices impairing the school's operations.

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2. Compensation, if appropriate, for lost funding to the

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school caused by the unlawful reprisal.

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3. Payment of reasonable costs, including attorney's fees,

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to a substantially prevailing school.

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4. Issuance of an injunction, if appropriate, by a court of

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competent jurisdiction.

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5. Issuance of an order granting immediate transfer of the

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charter to an alternate charter school sponsor willing to accept

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the transfer of charter sponsorship duties.

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(6) APPLICATION PROCESS AND REVIEW.--Charter school

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applications are subject to the following requirements:

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(b) A sponsor shall receive and review all applications for

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a charter school. Beginning with the 2007-2008 school year, A

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sponsor must shall receive and consider charter school

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applications received on or before August 1 of each calendar year

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for charter schools to be opened at the beginning of the school

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district's next school year, or to be opened at a time agreed to

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by the applicant and the sponsor. A sponsor may receive

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applications later than this date if it chooses. A charter school

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is exempt from s. 1001.42(4)(f) and shall mutally agree with its

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sponsor on the school's opening and closing dates. A sponsor may

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not charge an applicant for a charter any fee for the processing

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or consideration of an application, and a sponsor may not base

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its consideration or approval of an application upon the promise

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of future payment of any kind.

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1. In order to facilitate an accurate budget projection

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process, a sponsor shall be held harmless for FTE students who

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are not included in the FTE projection due to approval of the

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charter school application applications after the FTE projection

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deadline. In a further effort to facilitate an accurate budget

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projection, Within 15 calendar days after receipt of a charter

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school application, a sponsor shall report to the Department of

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Education the name of the applicant entity, the proposed charter

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school location, and its projected FTE.

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2. In order to ensure fiscal responsibility, an application

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for a charter school must shall include a full accounting of

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expected assets, a projection of expected sources and amounts of

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income, including income derived from projected student

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enrollments and from community support, and an expense projection

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that includes full accounting of the costs of operation,

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including start-up costs.

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3. A sponsor shall by a majority vote approve or deny an

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application no later than 60 calendar days after the application

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is received, unless the sponsor and the applicant mutually agree

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in writing to temporarily postpone the vote to a specific date,

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at which time the sponsor shall by a majority vote approve or

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deny the application. If the sponsor fails to act on the

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application, an applicant may appeal to the State Board of

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Education as provided in paragraph (c). If an application is

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denied, the sponsor shall, within 10 calendar days, articulate in

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writing the specific reasons, based upon good cause, supporting

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its denial of the charter application and shall provide the

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letter of denial and supporting documentation to the applicant

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and to the Department of Education supporting those reasons.

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4. For budget projection purposes, the sponsor shall report

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to the Department of Education the approval or denial of a

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charter application within 10 calendar days after such approval

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or denial. In the event of approval, the report to the department

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must of Education shall include the final projected FTE for the

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approved charter school.

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5. Upon approval of a charter application, the initial

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startup must shall commence with the beginning of the public

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school calendar for the district in which the charter is granted

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unless the sponsor allows a waiver of this provision for good

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cause.

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(7) CHARTER.--The major issues involving the operation of a

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charter school shall be considered in advance and written into

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the charter. The charter shall be signed by the governing body of

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the charter school and the sponsor, following a public hearing to

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ensure community input.

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(b)1. A charter may be renewed if provided that a program

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review demonstrates that the criteria in paragraph (a) have been

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successfully accomplished and that none of the grounds for

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nonrenewal established in by paragraph (8)(a) has been

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documented. In order to facilitate long-term financing for

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charter school construction, charter schools operating for a

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minimum of 3 years and demonstrating exemplary academic

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programming and fiscal management shall receive are eligible for

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a 15-year charter renewal. Such long-term charter is subject to

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annual review and may be terminated during the term of the

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charter.

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2. A The 15-year charter renewal that may be granted

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pursuant to subparagraph 1. shall be granted only to a charter

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school that has received a school grade of "A" or "B" pursuant to

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s. 1008.34 in 3 of the past 4 years and is not in a state of

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financial emergency or deficit position as defined by this

482

section. Such long-term charter is subject to annual review and

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may be terminated during the term of the charter pursuant to

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subsection (8).

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any renewal term upon the recommendation of the sponsor or the

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charter school governing board and the approval of both parties

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to the agreement. The terms of the charter, as agreed to by all

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parties, shall be in effect for the duration of the charter.

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(9) CHARTER SCHOOL REQUIREMENTS.--

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(l) The governing body of the charter school shall report

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its progress annually to its sponsor, who which shall forward the

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report to the Commissioner of Education at the same time as other

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annual school accountability reports. The Department of Education

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shall develop a uniform, online annual accountability report

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format to be completed by charter schools. This report shall be

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easy to use utilize and contain demographic information, student

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performance data, and financial accountability information. A

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charter school may directly access, complete, and correct school

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data and information in the online accountability report. The

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sponsor shall review the report before final submission to shall

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not be required to provide information and data that is

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duplicative and already in the possession of the department. The

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department of Education shall include in its compilation a

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notation if a school failed to file its report by the deadline

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established by the department. The report shall include at least

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the following components:

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1. Student achievement performance data, including the

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information required for the annual school report and the

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education accountability system governed by ss. 1008.31 and

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1008.345. Charter schools are subject to the same accountability

512

requirements as other public schools, including reports of

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student achievement information that links baseline student data

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to the school's performance projections identified in the

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charter. The charter school must shall identify reasons for any

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difference between projected and actual student performance.

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2. Financial status of the charter school which must

518

include revenues and expenditures at a level of detail that

519

allows for analysis of the school's ability to meet financial

520

obligations and timely repayment of debt.

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3. Documentation of the facilities in current use and any

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planned facilities for use by the charter school for instruction

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of students, administrative functions, or investment purposes.

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4. Descriptive information about the charter school

525

school's personnel, including salary and benefit levels of

526

charter school employees, the proportion of instructional

527

personnel who hold professional or temporary certificates, and

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the proportion of instructional personnel teaching in-field or

529

out-of-field.

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(17) FUNDING.--Students enrolled in a charter school,

531

regardless of the sponsorship, shall be funded as if they are in

532

a basic program or a special program, the same as students

533

enrolled in other public schools in the school district. Funding

534

for a charter lab school shall be as provided in s. 1002.32.

535

(b) The basis for the agreement for funding students

536

enrolled in a charter school shall be the sum of the school

537

district's operating funds from the Florida Education Finance

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Program as provided in s. 1011.62 and the General Appropriations

539

Act, including gross state and local funds, discretionary lottery

540

funds, and funds from the school district's current operating

541

discretionary millage levy; divided by total funded weighted

542

full-time equivalent students in the school district; multiplied

543

by the weighted full-time equivalent students for the charter

544

school. Charter schools whose students or programs meet the

545

eligibility criteria are in law shall be entitled to their

546

proportionate share of categorical program funds included in the

547

total funds available in the Florida Education Finance Program by

548

the Legislature, including transportation. Total funding for each

549

charter school shall be recalculated during the year to reflect

550

the revised calculations under the Florida Education Finance

551

Program by the state and the actual weighted full-time equivalent

552

students reported by the charter school during the full-time

553

equivalent student survey periods designated by the Commissioner

554

of Education. Florida Education Finance Program funds for a

555

charter school must be distributed to the charter school by the

556

sponsor within 10 days after receipt by the state.

557

558

programs or services to students funded by federal funds, any

559

eligible students enrolled in charter schools in the school

560

district must shall be provided federal funds for the same level

561

of service provided students in the schools operated by the

562

district school board. Pursuant to provisions of 20 U.S.C. 8061

563

s. 10306, all charter schools shall receive all federal funding

564

for which the school is otherwise eligible, including Title I

565

funding and funding under the Individuals with Disabilities

566

Education Act, not later than 5 months after the charter school

567

first opens and within 5 months after any subsequent expansion of

568

enrollment.

569

(18) FACILITIES.--

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(e) If a district school board facility or property is

571

available because it is surplus, marked for disposal, or

572

otherwise unused, it shall be provided for a charter school's use

573

on the same basis as it is made available to other public schools

574

in the district. If a school district closes a public school, the

575

property and facilities must first be made available within 60

576

days, for lease or purchase, to charter schools within the

577

district to be used for educational purposes. A charter school

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receiving property from the school district may not sell or

579

dispose of such property without written permission of the school

580

district. Similarly, for an existing public school converting to

581

charter status, no rental or leasing fee for the existing

582

facility or for the property normally inventoried to the

583

conversion school may be charged by the district school board to

584

the parents and teachers organizing the charter school. The

585

charter school must shall agree to reasonable maintenance

586

provisions in order to maintain the facility in a manner similar

587

to district school board standards. The Public Education Capital

588

Outlay maintenance funds or any other maintenance funds generated

589

by the facility operated as a conversion school shall remain with

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the conversion school.

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Section 3. The Legislature finds that a proper and

592

legitimate state purpose is served when employees and retirees of

593

the state and its political subdivisions, as well as the

594

dependents, survivors, and beneficiaries of such employees and

595

retirees, are extended the basic protections afforded by

596

governmental retirement systems that provide fair and adequate

597

benefits and that are managed, administered, and funded in an

598

actuarially sound manner as required by s. 14, Art. X of the

599

State Constitution and part VII of chapter 112, Florida Statutes.

600

Therefore, the Legislature determines and declares that the

601

amendment of s. 121.091, Florida Statutes, by this act fulfills

602

an important state interest.

603

Section 4. This act shall take effect upon becoming a law.

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