Florida Senate - 2008 SB 2810
By Senator Wise
5-03429B-08 20082810__
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A bill to be entitled
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An act relating to charter schools; amending s. 121.091,
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F.S.; revising requirements for eligibility to participate
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in the Deferred Retirement Option Program; revising
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periods during which certain persons may be enrolled in
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the DROP; amending s. 1002.33, F.S.; requiring a school in
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a district not granted exclusive authority to sponsor
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charter schools to first submit the same or a
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substantially similar application to the district school
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board in order to appeal an application denial; requiring
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that a charter school operating a minimum of 3 years and
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demonstrating certain levels of academic achievement and
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fiscal management be provided the option of a 15-year
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charter renewal; removing the criteria that such charters
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are subject to annual review and may be terminated during
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the charter term; requiring sponsorship of such charter
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schools; requiring that accountability reports for charter
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schools be provided in a format such that a charter school
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may directly access, complete, and correct it online;
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requiring the sponsor of a charter school to review an
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accountability report before final submission to the
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Department of Education; revising the eligibility
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requirements for a student to attend a charter school;
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requiring that Florida Educational Finance Program funds
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be distributed to the charter school by the sponsor no
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later than 10 days after receipt by the state; providing
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that if a district closes a public school, the property
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and facilities must be made available within 60 days to
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charter schools to lease or purchase for educational
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purposes; requiring that charter schools receive all funds
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due under the federal school lunch program at the same
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time and in the same manner as other public schools in the
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district as soon as a charter school begins serving lunch
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under the federal program; amending s. 1003.03, F.S.;
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requiring that the calculation for compliance for charter
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schools, public school magnet programs, or other public
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school parental choice programs remains the average at the
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school level or program level; amending s. 1011.71, F.S.;
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removing district school board discretion in levying
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district charter school taxes; amending s. 1013.62, F.S.;
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expanding the purposes for which a charter school may use
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capital outlay funding; amending s. 163.3180, F.S.;
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providing mitigation options to satisfy school concurrency
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requirements; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraphs (a) and (b) of subsection (13) of
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section 121.091, Florida Statutes, are amended to read:
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121.091 Benefits payable under the system.--Benefits may
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not be paid under this section unless the member has terminated
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employment as provided in s. 121.021(39)(a) or begun
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participation in the Deferred Retirement Option Program as
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provided in subsection (13), and a proper application has been
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filed in the manner prescribed by the department. The department
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may cancel an application for retirement benefits when the member
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or beneficiary fails to timely provide the information and
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documents required by this chapter and the department's rules.
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The department shall adopt rules establishing procedures for
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application for retirement benefits and for the cancellation of
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such application when the required information or documents are
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not received.
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(13) DEFERRED RETIREMENT OPTION PROGRAM.--In general, and
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subject to the provisions of this section, the Deferred
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Retirement Option Program, hereinafter referred to as the DROP,
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is a program under which an eligible member of the Florida
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Retirement System may elect to participate, deferring receipt of
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retirement benefits while continuing employment with his or her
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Florida Retirement System employer. The deferred monthly benefits
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shall accrue in the System Trust Fund on behalf of the
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participant, plus interest compounded monthly, for the specified
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period of the DROP participation, as provided in paragraph (c).
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Upon termination of employment, the participant shall receive the
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total DROP benefits and begin to receive the previously
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determined normal retirement benefits. Participation in the DROP
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does not guarantee employment for the specified period of DROP.
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Participation in the DROP by an eligible member beyond the
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initial 60-month period as authorized in this subsection shall be
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on an annual contractual basis for all participants.
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(a) Eligibility of member to participate in the DROP.--All
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active Florida Retirement System members in a regularly
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established position, and all active members of either the
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Teachers' Retirement System established in chapter 238 or the
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State and County Officers' and Employees' Retirement System
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established in chapter 122 which systems are consolidated within
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the Florida Retirement System under s. 121.011, are eligible to
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elect participation in the DROP if provided that:
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1. The member is not a renewed member of the Florida
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Retirement System under s. 121.122, or a member of the State
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Community College System Optional Retirement Program under s.
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121.051, the Senior Management Service Optional Annuity Program
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under s. 121.055, or the optional retirement program for the
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State University System under s. 121.35.
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2. Except as provided in subparagraph 6., election to
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participate is made within 12 months immediately following the
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date on which the member first reaches normal retirement date,
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or, for a member who reaches normal retirement date based on
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service before he or she reaches age 62, or age 55 for Special
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Risk Class members, election to participate may be deferred to
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the 12 months immediately following the date the member attains
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57, or age 52 for Special Risk Class members. For a member who
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first reached normal retirement date or the deferred eligibility
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date described above prior to the effective date of this section,
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election to participate shall be made within 12 months after the
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effective date of this section. A member who fails to make an
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election within the such 12-month limitation period shall forfeit
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all rights to participate in the DROP. The member shall advise
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his or her employer and the division in writing of the date on
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which the DROP shall begin. The Such beginning date may be
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subsequent to the 12-month election period, but must be within
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the 60-month or, with respect to members who are instructional
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personnel employed by the Florida School for the Deaf and the
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Blind and who have received authorization by the Board of
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Trustees of the Florida School for the Deaf and the Blind to
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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 (b)1. When establishing eligibility of
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the member to participate in the DROP for the 60-month or, with
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respect to members who are instructional personnel employed by
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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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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 the DROP 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
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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 the DROP beyond 60
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calendar months, 96 calendar months immediately following the
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date on which the member first reaches his or her normal
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retirement date or the date to which he or she is eligible to
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defer his or her election to participate as provided in
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subparagraph (a)2. However, a member who has reached normal
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retirement date prior to the effective date of the DROP is shall
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be eligible to participate in the DROP for up to a period of time
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not to exceed 60 calendar months 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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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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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 a period of no longer than
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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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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. Paragraph (d) of subsection (6), paragraph (b)
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of subsection (7), paragraph (l) of subsection (9), paragraph (a)
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of subsection (10), paragraphs (b) and (c) of subsection (17),
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paragraph (e) of subsection (18), and paragraph (a) of subsection
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(20) of section 1002.33, Florida Statutes, are amended to read:
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1002.33 Charter schools.--
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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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(d) For charter school applications in school districts
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that have not been granted exclusive authority to sponsor charter
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schools pursuant to s. 1002.335(5), the right to appeal an
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application denial under paragraph (c) shall be contingent on the
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applicant having submitted the same or a substantially similar
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application to the district school board and the Florida Schools
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of Excellence Commission or one of its cosponsors. Any such
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applicant whose application is denied by the commission or one of
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its cosponsors and subsequent to its denial by the district
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school board may exercise its right to appeal the district school
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board's denial under paragraph (c) within 30 days after receipt
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of the commission's or cosponsor's denial or failure to act on
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the application. However, the applicant forfeits its right to
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appeal under paragraph (c) if it fails to submit its application
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to the commission or one of its cosponsors by August 1 of the
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school year immediately following the district school board's
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denial of the application.
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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 must be provided the option of
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are eligible for a 15-year charter renewal. Such long-term
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charter is subject to annual review and may be terminated during
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the term of the charter.
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2. A The 15-year charter renewal must be offered by a
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sponsor that may be granted pursuant to subparagraph 1. shall be
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granted to a charter school that has received a school grade of
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"A" or "B" pursuant to s. 1008.34 in 3 of the past 4 years and is
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not in a state of financial emergency or deficit position as
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defined by this section. 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 pursuant to subsection (8).
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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 Department of Education shall include in its
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compilation a notation if a school failed to file its report by
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the deadline established by the department. The report shall
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include at least 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
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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
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include revenues and expenditures at a level of detail that
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allows for analysis of the school's ability to meet financial
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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
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school's personnel, including salary and benefit levels of
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charter school employees, the proportion of instructional
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personnel who hold professional or temporary certificates, and
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the proportion of instructional personnel teaching in-field or
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out-of-field.
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(10) ELIGIBLE STUDENTS.--
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(a) A charter school shall be open to any student covered
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in an interdistrict agreement or residing in the school district
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in which the charter school is located; however, in the case of a
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charter lab school, the charter lab school shall be open to any
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student eligible to attend the lab school as provided in s.
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1002.32 or who resides in the school district in which the
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charter lab school is located. Any eligible student shall be
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allowed interdistrict transfer to attend a charter school when
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based on good cause. Good cause includes, but is not be limited
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to, geographic proximity to a charter school in a neighboring
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district.
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(17) FUNDING.--Students enrolled in a charter school,
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regardless of the sponsorship, shall be funded as if they are in
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a basic program or a special program, the same as students
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enrolled in other public schools in the school district. Funding
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for a charter lab school shall be as provided in s. 1002.32.
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(b) The basis for the agreement for funding students
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enrolled in a charter school shall be the sum of the school
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district's operating funds from the Florida Education Finance
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Program as provided in s. 1011.62 and the General Appropriations
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Act, including gross state and local funds, discretionary lottery
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funds, and funds from the school district's current operating
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discretionary millage levy; divided by total funded weighted
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full-time equivalent students in the school district; multiplied
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by the weighted full-time equivalent students for the charter
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school. Charter schools whose students or programs meet the
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eligibility criteria in law shall be entitled to their
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proportionate share of categorical program funds included in the
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total funds available in the Florida Education Finance Program by
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the Legislature, including transportation. Total funding for each
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charter school shall be recalculated during the year to reflect
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the revised calculations under the Florida Education Finance
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Program by the state and the actual weighted full-time equivalent
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students reported by the charter school during the full-time
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equivalent student survey periods designated by the Commissioner
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of Education. Florida Education Finance Program funds for a
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charter school must be distributed to the charter school by the
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sponsor within 10 days after receipt by the state.
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(c) If the sponsor district school board is providing
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programs or services to students funded by federal funds, any
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eligible students enrolled in charter schools in the school
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district must shall be provided federal funds for the same level
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of service provided students in the schools operated by the
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district school board. Pursuant to provisions of 20 U.S.C. 8061
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s. 10306, all charter schools shall receive all federal funding
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for which the school is otherwise eligible, including Title I
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funding and funding under the Individuals with Disabilities
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Education Act, not later than 5 months after the charter school
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first opens and within 5 months after any subsequent expansion of
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enrollment.
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(18) FACILITIES.--
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(e) If a district school board facility or property is
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available because it is surplus, marked for disposal, or
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otherwise unused, it shall be provided for a charter school's use
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on the same basis as it is made available to other public schools
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in the district. If a school district closes a public school, the
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property and facilities must be made available within 60 days for
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lease or purchase to charter schools within the district to be
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used for educational purposes. A charter school receiving
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property from the school district may not sell or dispose of such
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property without written permission of the school district.
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Similarly, for an existing public school converting to charter
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status, no rental or leasing fee for the existing facility or for
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the property normally inventoried to the conversion school may be
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charged by the district school board to the parents and teachers
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organizing the charter school. The charter school shall agree to
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reasonable maintenance provisions in order to maintain the
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facility in a manner similar to district school board standards.
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The Public Education Capital Outlay maintenance funds or any
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other maintenance funds generated by the facility operated as a
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conversion school shall remain with the conversion school.
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(20) SERVICES.--
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(a) A sponsor shall provide certain administrative and
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educational services to charter schools. These services shall
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include contract management services; full-time equivalent and
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data reporting services; exceptional student education
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administration services; services related to eligibility and
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reporting duties required to ensure that school lunch services
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under the federal lunch program, consistent with the needs of the
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charter school, are provided by the school district at the
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request of the charter school, that any funds due the charter
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school under the federal lunch program are paid to the charter
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school as soon as the charter school begins serving food under
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the federal lunch program, and that the charter school is paid at
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the same time and in the same manner as other public schools
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serviced by the sponsor or school district; test administration
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services, including payment of the costs of state-required or
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district-required student assessments; processing of teacher
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certificate data services; and information services, including
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equal access to student information systems that are used by
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public schools in the district in which the charter school is
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located. Student performance data for each student in a charter
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school, including, but not limited to, FCAT scores, standardized
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test scores, previous public school student report cards, and
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student performance measures, shall be provided by the sponsor to
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a charter school in the same manner provided to other public
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schools in the district. A total administrative fee for the
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provision of such services shall be calculated based upon up to 5
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percent of the available funds defined in paragraph (17)(b) for
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all students. However, a sponsor may only withhold up to a 5-
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percent administrative fee for enrollment for up to and including
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500 students. For charter schools with a population of 501 or
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more students, the difference between the total administrative
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fee calculation and the amount of the administrative fee withheld
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may only be used for capital outlay purposes specified in s.
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1013.62(2). Sponsors shall not charge charter schools any
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additional fees or surcharges for administrative and educational
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services in addition to the maximum 5-percent administrative fee
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withheld pursuant to this paragraph.
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Section 3. Paragraph (b) of subsection (2) of section
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1003.03, Florida Statutes, is amended to read:
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1003.03 Maximum class size.--
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(2) IMPLEMENTATION.--
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(b) Determination of the number of students per classroom
497
in paragraph (a) shall be calculated as follows:
498
1. For fiscal years 2003-2004 through 2005-2006, the
499
calculation for compliance for each of the 3 grade groupings
500
shall be the average at the district level.
501
2. For fiscal years 2006-2007 through 2007-2008, the
502
calculation for compliance for each of the 3 grade groupings
503
shall be the average at the school level.
504
3. For fiscal years 2008-2009, 2009-2010, and thereafter,
505
the calculation for compliance shall be at the individual
506
classroom level. However, the calculation for compliance for
507
charter schools, public school magnet programs, or other public
508
school parental choice programs shall remain the average at the
509
school level or program level.
510
4. For fiscal years 2006-2007 through 2009-2010 and
511
thereafter, each teacher assigned to any classroom shall be
512
included in the calculation for compliance.
513
Section 4. Subsection (2) of section 1011.71, Florida
514
Statutes, is amended to read:
515
1011.71 District school tax.--
516
(2) In addition to the maximum millage levy as provided in
517
subsection (1), each school board may levy not more than 2 mills
518
against the taxable value for school purposes for district
519
schools, including charter schools at the discretion of the
520
school board, to fund:
521
(a) New construction and remodeling projects, as set forth
522
in s. 1013.64(3)(b) and (6)(b) and included in the district's
523
educational plant survey pursuant to s. 1013.31, without regard
524
to prioritization, sites and site improvement or expansion to new
525
sites, existing sites, auxiliary facilities, athletic facilities,
526
or ancillary facilities.
527
(b) Maintenance, renovation, and repair of existing school
528
plants or of leased facilities to correct deficiencies pursuant
529
to s. 1013.15(2).
530
(c) The purchase, lease-purchase, or lease of school buses.
531
(d) The purchase, lease-purchase, or lease of new and
532
replacement equipment.
533
(e) Payments for educational facilities and sites due under
534
a lease-purchase agreement entered into by a district school
536
exceeding, in the aggregate, an amount equal to three-fourths of
537
the proceeds from the millage levied by a district school board
538
pursuant to this subsection.
539
(f) Payment of loans approved pursuant to ss. 1011.14 and
540
541
(g) Payment of costs directly related to complying with
542
state and federal environmental statutes, rules, and regulations
543
governing school facilities.
544
(h) Payment of costs of leasing relocatable educational
545
facilities, of renting or leasing educational facilities and
546
sites pursuant to s. 1013.15(2), or of renting or leasing
547
buildings or space within existing buildings pursuant to s.
548
1013.15(4).
549
(i) Payment of the cost of school buses when a school
550
district contracts with a private entity to provide student
551
transportation services if the district meets the requirements of
552
this paragraph.
553
1. The district's contract must require that the private
554
entity purchase, lease-purchase, or lease, and operate and
555
maintain, one or more school buses of a specific type and size
556
that meet the requirements of s. 1006.25.
557
2. Each such school bus must be used for the daily
558
transportation of public school students in the manner required
559
by the school district.
560
3. Annual payment for each such school bus may not exceed
561
10 percent of the purchase price of the state pool bid.
562
4. The proposed expenditure of the funds for this purpose
563
must have been included in the district school board's notice of
564
proposed tax for school capital outlay as provided in s.
565
200.065(10).
566
(j) Payment of the cost of the opening day collection for
567
the library media center of a new school.
568
Section 5. Subsection (2) of section 1013.62, Florida
569
Statutes, is amended to read:
570
1013.62 Charter schools capital outlay funding.--
571
(2) A charter school's governing body may use charter
572
school capital outlay funds for the following purposes:
573
(a) Purchase of real property.
574
(b) Construction of school facilities.
575
(c) Purchase, lease-purchase, or lease of permanent or
576
relocatable school facilities.
577
(d) Purchase of vehicles to transport students to and from
578
the charter school.
579
(e) Renovation, repair, and maintenance of school
580
facilities that the charter school owns or is purchasing through
581
a lease-purchase or long-term lease of 5 years or longer.
582
(f) Any of the purposes set forth in s. 1011.71(2).
583
584
Conversion charter schools may use capital outlay funds received
585
through the reduction in the administrative fee provided in s.
586
1002.33(20) for renovation, repair, and maintenance of school
587
facilities that are owned by the sponsor.
588
Section 6. Paragraph (e) of subsection (13) of section
589
163.3180, Florida Statutes, is amended to read:
590
163.3180 Concurrency.--
591
(13) School concurrency shall be established on a
592
districtwide basis and shall include all public schools in the
593
district and all portions of the district, whether located in a
594
municipality or an unincorporated area unless exempt from the
595
public school facilities element pursuant to s. 163.3177(12). The
596
application of school concurrency to development shall be based
597
upon the adopted comprehensive plan, as amended. All local
598
governments within a county, except as provided in paragraph (f),
599
shall adopt and transmit to the state land planning agency the
600
necessary plan amendments, along with the interlocal agreement,
601
for a compliance review pursuant to s. 163.3184(7) and (8). The
602
minimum requirements for school concurrency are the following:
603
(e) Availability standard.--Consistent with the public
604
welfare, a local government may not deny an application for site
605
plan, final subdivision approval, or the functional equivalent
606
for a development or phase of a development authorizing
607
residential development for failure to achieve and maintain the
608
level-of-service standard for public school capacity in a local
609
school concurrency management system where adequate school
610
facilities will be in place or under actual construction within 3
611
years after the issuance of final subdivision or site plan
612
approval, or the functional equivalent. School concurrency is
613
satisfied if the developer executes a legally binding commitment
614
to provide mitigation proportionate to the demand for public
615
school facilities to be created by actual development of the
616
property, including, but not limited to, the options described in
617
subparagraph 1. Options for proportionate-share mitigation of
618
impacts on public school facilities must be established in the
619
public school facilities element and the interlocal agreement
620
pursuant to s. 163.31777.
621
1. Appropriate mitigation options include the contribution
622
of land; the construction, expansion, or payment for land
623
acquisition or construction of a public school facility; the
624
construction of a charter school that complies with the
625
requirements of s. 1002.33(18)(f); or the creation of mitigation
626
banking based on the construction of a public school facility in
627
exchange for the right to sell capacity credits. Such options
628
must include execution by the applicant and the local government
629
of a development agreement that constitutes a legally binding
630
commitment to pay proportionate-share mitigation for the
631
additional residential units approved by the local government in
632
a development order and actually developed on the property,
633
taking into account residential density allowed on the property
634
prior to the plan amendment that increased the overall
635
residential density. The district school board must be a party to
636
such an agreement. Grounds for the local government or district
637
school board to refuse to approve a development agreement
638
proffering charter school facilities is limited to the
639
agreement's compliance with s. 1002.33(18)(f). As a condition of
640
its entry into such a development agreement, the local government
641
may require the landowner to agree to continuing renewal of the
642
agreement upon its expiration.
643
2. If the education facilities plan and the public
644
educational facilities element authorize a contribution of land;
645
the construction, expansion, or payment for land acquisition; or
646
the construction or expansion of a public school facility, or a
647
portion thereof; or the construction of a charter school that
648
complies with the requirements of s. 1002.33(18)(f), as
649
proportionate-share mitigation, the local government shall credit
650
such a contribution, construction, expansion, or payment toward
651
any other impact fee or exaction imposed by local ordinance for
652
the same need, on a dollar-for-dollar basis at fair market value.
653
3. Any proportionate-share mitigation must be directed by
654
the school board toward a school capacity improvement identified
655
in a financially feasible 5-year district work plan that
656
satisfies the demands created by the development in accordance
657
with a binding developer's agreement.
658
4. If a development is precluded from commencing because
659
there is inadequate classroom capacity to mitigate the impacts of
660
the development, the development may nevertheless commence if
661
there are accelerated facilities in an approved capital
662
improvement element scheduled for construction in year four or
663
later of such plan which, when built, will mitigate the proposed
664
development, or if such accelerated facilities will be in the
665
next annual update of the capital facilities element, the
666
developer enters into a binding, financially guaranteed agreement
667
with the school district to construct an accelerated facility
668
within the first 3 years of an approved capital improvement plan,
669
and the cost of the school facility is equal to or greater than
670
the development's proportionate share. When the completed school
671
facility is conveyed to the school district, the developer shall
672
receive impact fee credits usable within the zone where the
673
facility is constructed or any attendance zone contiguous with or
674
adjacent to the zone where the facility is constructed.
675
5. This paragraph does not limit the authority of a local
676
government to deny a development permit or its functional
677
equivalent pursuant to its home rule regulatory powers, except as
678
provided in this part.
679
Section 7. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.