Florida Senate - 2012                             CS for SB 1852
       By the Committee on Education Pre-K - 12; and Senator Wise
       581-02992-12                                          20121852c1
    1                        A bill to be entitled                      
    2         An act relating to charter schools; amending ss.
    3         163.3180 and 1002.32, F.S.; conforming cross
    4         references to conform to changes made by the act;
    5         amending s. 1002.33, F.S.; providing that a sponsor’s
    6         policies and procedures and previous school board
    7         decisions do not apply to a charter school under
    8         certain circumstances; clarifying provisions that
    9         prohibit a sponsor from imposing additional reporting
   10         requirements on a charter school; providing that a
   11         Florida College System institution may operate no more
   12         than one charter school that serves students in
   13         kindergarten through grade 12 in each school district
   14         in which the institution serves, if the institution
   15         operates an approved teacher preparation program;
   16         requiring that a district school board provide a
   17         charter school with training and access to a school
   18         district’s student achievement databases, if academic
   19         student performance data cannot be provided;
   20         conforming provisions to changes made by the act
   21         relating to authorized activities of a high-performing
   22         charter school that is part of a high-performing
   23         charter school system; authorizing a charter school or
   24         sponsor to file a formal grievance with the Department
   25         of Education and to request mediation if the charter
   26         school or sponsor is unable to resolve any outstanding
   27         issues between the charter school and sponsor;
   28         requiring that any activities associated with the
   29         closing of a charter school cease, upon the filing of
   30         such formal grievance and request for mediation, until
   31         a resolution is reached, unless terminated under
   32         certain circumstances; authorizing a charter school
   33         cooperative organization to submit a professional
   34         development plan on behalf of its member schools to
   35         the State Board of Education for the purpose of
   36         meeting continuing education requirements; authorizing
   37         each district school board to share revenue generated
   38         by its capital outlay millage levy with charter
   39         schools on a per-student, pro rata basis; providing
   40         for recalculation of a school district’s Florida
   41         Education Finance Program allocation if the millage
   42         levy revenue is not shared; providing for distribution
   43         of recalculated funds; requiring payment to charter
   44         schools of certain federal funds received by a
   45         district school board; amending s. 1002.331, F.S.;
   46         revising requirements for designation as a high
   47         performing charter school; conforming a cross
   48         reference; revising the restriction on the
   49         establishment of new charter schools that replicate a
   50         high-performing charter school’s educational program;
   51         amending s. 1002.332, F.S.; authorizing a high
   52         performing charter school that is part of a high
   53         performing charter school system to increase student
   54         enrollment, expand grade levels, submit quarterly
   55         financial statements, consolidate charters, and modify
   56         charter terms; amending ss. 1002.34, 1002.345,
   57         1011.68, 1012.32, and 1013.62, F.S.; conforming cross
   58         references; providing an effective date.
   60  Be It Enacted by the Legislature of the State of Florida:
   62         Section 1. Paragraph (h) of subsection (6) of section
   63  163.3180, Florida Statutes, is amended to read:
   64         163.3180 Concurrency.—
   65         (6)
   66         (h)1. In order to limit the liability of local governments,
   67  a local government may allow a landowner to proceed with
   68  development of a specific parcel of land notwithstanding a
   69  failure of the development to satisfy school concurrency, if all
   70  the following factors are shown to exist:
   71         a. The proposed development would be consistent with the
   72  future land use designation for the specific property and with
   73  pertinent portions of the adopted local plan, as determined by
   74  the local government.
   75         b. The local government’s capital improvements element and
   76  the school board’s educational facilities plan provide for
   77  school facilities adequate to serve the proposed development,
   78  and the local government or school board has not implemented
   79  that element or the project includes a plan that demonstrates
   80  that the capital facilities needed as a result of the project
   81  can be reasonably provided.
   82         c. The local government and school board have provided a
   83  means by which the landowner will be assessed a proportionate
   84  share of the cost of providing the school facilities necessary
   85  to serve the proposed development.
   86         2. If a local government applies school concurrency, it may
   87  not deny an application for site plan, final subdivision
   88  approval, or the functional equivalent for a development or
   89  phase of a development authorizing residential development for
   90  failure to achieve and maintain the level-of-service standard
   91  for public school capacity in a local school concurrency
   92  management system where adequate school facilities will be in
   93  place or under actual construction within 3 years after the
   94  issuance of final subdivision or site plan approval, or the
   95  functional equivalent. School concurrency is satisfied if the
   96  developer executes a legally binding commitment to provide
   97  mitigation proportionate to the demand for public school
   98  facilities to be created by actual development of the property,
   99  including, but not limited to, the options described in sub
  100  subparagraph a. Options for proportionate-share mitigation of
  101  impacts on public school facilities must be established in the
  102  comprehensive plan and the interlocal agreement pursuant to s.
  103  163.31777.
  104         a. Appropriate mitigation options include the contribution
  105  of land; the construction, expansion, or payment for land
  106  acquisition or construction of a public school facility; the
  107  construction of a charter school that complies with the
  108  requirements of s. 1002.33(19) 1002.33(18); or the creation of
  109  mitigation banking based on the construction of a public school
  110  facility in exchange for the right to sell capacity credits.
  111  Such options must include execution by the applicant and the
  112  local government of a development agreement that constitutes a
  113  legally binding commitment to pay proportionate-share mitigation
  114  for the additional residential units approved by the local
  115  government in a development order and actually developed on the
  116  property, taking into account residential density allowed on the
  117  property prior to the plan amendment that increased the overall
  118  residential density. The district school board must be a party
  119  to such an agreement. As a condition of its entry into such a
  120  development agreement, the local government may require the
  121  landowner to agree to continuing renewal of the agreement upon
  122  its expiration.
  123         b. If the interlocal agreement and the local government
  124  comprehensive plan authorize a contribution of land; the
  125  construction, expansion, or payment for land acquisition; the
  126  construction or expansion of a public school facility, or a
  127  portion thereof; or the construction of a charter school that
  128  complies with the requirements of s. 1002.33(19) 1002.33(18), as
  129  proportionate-share mitigation, the local government shall
  130  credit such a contribution, construction, expansion, or payment
  131  toward any other impact fee or exaction imposed by local
  132  ordinance for the same need, on a dollar-for-dollar basis at
  133  fair market value.
  134         c. Any proportionate-share mitigation must be directed by
  135  the school board toward a school capacity improvement identified
  136  in the 5-year school board educational facilities plan that
  137  satisfies the demands created by the development in accordance
  138  with a binding developer’s agreement.
  139         3. This paragraph does not limit the authority of a local
  140  government to deny a development permit or its functional
  141  equivalent pursuant to its home rule regulatory powers, except
  142  as provided in this part.
  143         Section 2. Paragraph (c) of subsection (9) of section
  144  1002.32, Florida Statutes, is amended to read:
  145         1002.32 Developmental research (laboratory) schools.—
  146         (9) FUNDING.—Funding for a lab school, including a charter
  147  lab school, shall be provided as follows:
  148         (c) All operating funds provided under this section shall
  149  be deposited in a Lab School Trust Fund and shall be expended
  150  for the purposes of this section. The university assigned a lab
  151  school shall be the fiscal agent for these funds, and all rules
  152  of the university governing the budgeting and expenditure of
  153  state funds shall apply to these funds unless otherwise provided
  154  by law or rule of the State Board of Education. The university
  155  board of trustees shall be the public employer of lab school
  156  personnel for collective bargaining purposes for lab schools in
  157  operation prior to the 2002-2003 fiscal year. Employees of
  158  charter lab schools authorized prior to June 1, 2003, but not in
  159  operation prior to the 2002-2003 fiscal year shall be employees
  160  of the entity holding the charter and must comply with the
  161  provisions of s. 1002.33(13) 1002.33(12).
  162         Section 3. Subsection (1), paragraph (b) of subsection (5),
  163  paragraph (c) of subsection (6), paragraph (a) of subsection
  164  (7), paragraphs (b) and (g) of present subsection (9),
  165  paragraphs (d), (e), (h), and (i) of present subsection (10),
  166  present subsection (13), paragraphs (b) and (c) of present
  167  subsection (15), present subsection (17), paragraph (a) of
  168  present subsection (20), and present subsection (23) of section
  169  1002.33, Florida Statutes, are amended, present subsections (9)
  170  through (27) of that section are redesignated as subsections
  171  (10) through (28), respectively, and a new subsection (9) is
  172  added to that section, to read:
  173         1002.33 Charter schools.—
  174         (1) AUTHORIZATION.—Charter schools shall be part of the
  175  state’s program of public education. All charter schools in
  176  Florida are public schools. A charter school may be formed by
  177  creating a new school or converting an existing public school to
  178  charter status. A charter school may operate a virtual charter
  179  school pursuant to s. 1002.45(1)(d) to provide full-time online
  180  instruction to eligible students, pursuant to s. 1002.455, in
  181  kindergarten through grade 12. A charter school must amend its
  182  charter or submit a new application pursuant to subsection (6)
  183  to become a virtual charter school. A virtual charter school is
  184  subject to the requirements of this section; however, a virtual
  185  charter school is exempt from subsections (19) (18) and (20)
  186  (19), subparagraphs (21)(a)2.-5. (20)(a)2.-5., paragraph (21)(c)
  187  (20)(c), and s. 1003.03. A public school may not use the term
  188  charter in its name unless it has been approved under this
  189  section.
  190         (5) SPONSOR; DUTIES.—
  191         (b) Sponsor duties.—
  192         1.a. The sponsor shall monitor and review the charter
  193  school in its progress toward the goals established in the
  194  charter.
  195         b. The sponsor shall monitor the revenues and expenditures
  196  of the charter school and perform the duties provided in s.
  197  1002.345.
  198         c. The sponsor may approve a charter for a charter school
  199  before the applicant has identified space, equipment, or
  200  personnel, if the applicant indicates approval is necessary for
  201  it to raise working funds.
  202         d. The sponsor’s policies and procedures and previous
  203  school board decisions, which are not consistent with the
  204  requirements in this section, shall not apply to a charter
  205  school unless mutually agreed to by both the sponsor and the
  206  charter school.
  207         e. The sponsor shall ensure that the charter is innovative
  208  and consistent with the state education goals established by s.
  209  1000.03(5).
  210         f. The sponsor shall ensure that the charter school
  211  participates in the state’s education accountability system. If
  212  a charter school falls short of performance measures included in
  213  the approved charter, the sponsor shall report such shortcomings
  214  to the Department of Education.
  215         g. The sponsor is shall not be liable for civil damages
  216  under state law for personal injury, property damage, or death
  217  resulting from an act or omission of an officer, employee,
  218  agent, or governing body of the charter school.
  219         h. The sponsor is shall not be liable for civil damages
  220  under state law for any employment actions taken by an officer,
  221  employee, agent, or governing body of the charter school.
  222         i. The sponsor’s duties to monitor the charter school shall
  223  not constitute the basis for a private cause of action.
  224         j. The sponsor shall not impose additional reporting
  225  requirements beyond those contained in this section on a charter
  226  school without providing reasonable and specific justification
  227  in writing to the charter school.
  228         2. Immunity for the sponsor of a charter school under
  229  subparagraph 1. applies only with respect to acts or omissions
  230  not under the sponsor’s direct authority as described in this
  231  section.
  232         3. This paragraph does not waive a district school board’s
  233  sovereign immunity.
  234         4. A Florida College System institution may work with the
  235  school district or school districts in its designated service
  236  area to develop charter schools that offer secondary education.
  237  These charter schools must include an option for students to
  238  receive an associate degree upon high school graduation. If a
  239  Florida College System institution operates an approved teacher
  240  preparation program under s. 1004.04 or s. 1004.85, the Florida
  241  College System institution may operate no more than one charter
  242  school that serves students in kindergarten through grade 12 in
  243  each school district in which the Florida College System
  244  institution serves. District school boards shall cooperate with
  245  and assist the Florida College System institution on the charter
  246  application. Florida College System institution applications for
  247  charter schools are not subject to the time deadlines outlined
  248  in subsection (6) and may be approved by the district school
  249  board at any time during the year. Florida College System
  250  institutions may not report FTE for any students who receive FTE
  251  funding through the Florida Education Finance Program.
  252         (6) APPLICATION PROCESS AND REVIEW.—Charter school
  253  applications are subject to the following requirements:
  254         (c)1. An applicant may appeal any denial of that
  255  applicant’s application or failure to act on an application to
  256  the State Board of Education no later than 30 calendar days
  257  after receipt of the sponsor’s decision or failure to act and
  258  shall notify the sponsor of its appeal. Any response of the
  259  sponsor shall be submitted to the State Board of Education
  260  within 30 calendar days after notification of the appeal. Upon
  261  receipt of notification from the State Board of Education that a
  262  charter school applicant is filing an appeal, the Commissioner
  263  of Education shall convene a meeting of the Charter School
  264  Appeal Commission to study and make recommendations to the State
  265  Board of Education regarding its pending decision about the
  266  appeal. The commission shall forward its recommendation to the
  267  state board no later than 7 calendar days prior to the date on
  268  which the appeal is to be heard.
  269         2. The Charter School Appeal Commission may reject an
  270  appeal submission for failure to comply with procedural rules
  271  governing the appeals process. The rejection shall describe the
  272  submission errors. The appellant shall have 15 calendar days
  273  after notice of rejection in which to resubmit an appeal that
  274  meets the requirements set forth in State Board of Education
  275  rule. An appeal submitted subsequent to such rejection is
  276  considered timely if the original appeal was filed within 30
  277  calendar days after receipt of notice of the specific reasons
  278  for the sponsor’s denial of the charter application.
  279         3.a. The State Board of Education shall by majority vote
  280  accept or reject the decision of the sponsor no later than 90
  281  calendar days after an appeal is filed in accordance with State
  282  Board of Education rule. The State Board of Education shall
  283  remand the application to the sponsor with its written decision
  284  that the sponsor approve or deny the application. The sponsor
  285  shall implement the decision of the State Board of Education.
  286  The decision of the State Board of Education is not subject to
  287  the provisions of the Administrative Procedure Act, chapter 120.
  288         b. If an appeal concerns an application submitted by a
  289  high-performing charter school identified pursuant to s.
  290  1002.331, the State Board of Education shall determine whether
  291  the sponsor has shown, by clear and convincing evidence, that:
  292         (I) The application does not materially comply with the
  293  requirements in paragraph (a);
  294         (II) The charter school proposed in the application does
  295  not materially comply with the requirements in paragraphs
  296  (10)(a)-(f) (9)(a)-(f);
  297         (III) The proposed charter school’s educational program
  298  does not substantially replicate that of the applicant or one of
  299  the applicant’s high-performing charter schools;
  300         (IV) The applicant has made a material misrepresentation or
  301  false statement or concealed an essential or material fact
  302  during the application process; or
  303         (V) The proposed charter school’s educational program and
  304  financial management practices do not materially comply with the
  305  requirements of this section.
  307  The State Board of Education shall approve or reject the
  308  sponsor’s denial of an application no later than 90 calendar
  309  days after an appeal is filed in accordance with State Board of
  310  Education rule. The State Board of Education shall remand the
  311  application to the sponsor with its written decision that the
  312  sponsor approve or deny the application. The sponsor shall
  313  implement the decision of the State Board of Education. The
  314  decision of the State Board of Education is not subject to the
  315  Administrative Procedure Act, chapter 120.
  316         (7) CHARTER.—The major issues involving the operation of a
  317  charter school shall be considered in advance and written into
  318  the charter. The charter shall be signed by the governing board
  319  of the charter school and the sponsor, following a public
  320  hearing to ensure community input.
  321         (a) The charter shall address and criteria for approval of
  322  the charter shall be based on:
  323         1. The school’s mission, the students to be served, and the
  324  ages and grades to be included.
  325         2. The focus of the curriculum, the instructional methods
  326  to be used, any distinctive instructional techniques to be
  327  employed, and identification and acquisition of appropriate
  328  technologies needed to improve educational and administrative
  329  performance which include a means for promoting safe, ethical,
  330  and appropriate uses of technology which comply with legal and
  331  professional standards.
  332         a. The charter shall ensure that reading is a primary focus
  333  of the curriculum and that resources are provided to identify
  334  and provide specialized instruction for students who are reading
  335  below grade level. The curriculum and instructional strategies
  336  for reading must be consistent with the Sunshine State Standards
  337  and grounded in scientifically based reading research.
  338         b. In order to provide students with access to diverse
  339  instructional delivery models, to facilitate the integration of
  340  technology within traditional classroom instruction, and to
  341  provide students with the skills they need to compete in the
  342  21st century economy, the Legislature encourages instructional
  343  methods for blended learning courses consisting of both
  344  traditional classroom and online instructional techniques.
  345  Charter schools may implement blended learning courses that
  346  which combine traditional classroom instruction and virtual
  347  instruction. Students in a blended learning course must be full
  348  time students of the charter school and receive the online
  349  instruction in a classroom setting at the charter school.
  350  Instructional personnel certified pursuant to s. 1012.55 who
  351  provide virtual instruction for blended learning courses may be
  352  employees of the charter school or may be under contract to
  353  provide instructional services to charter school students. At a
  354  minimum, such instructional personnel must hold an active state
  355  or school district adjunct certification under s. 1012.57 for
  356  the subject area of the blended learning course. The funding and
  357  performance accountability requirements for blended learning
  358  courses are the same as those for traditional courses.
  359         3. The current incoming baseline standard of student
  360  academic achievement, the outcomes to be achieved, and the
  361  method of measurement that will be used. The criteria listed in
  362  this subparagraph shall include a detailed description of:
  363         a. How the baseline student academic achievement levels and
  364  prior rates of academic progress will be established.
  365         b. How these baseline rates will be compared to rates of
  366  academic progress achieved by these same students while
  367  attending the charter school.
  368         c. To the extent possible, how these rates of progress will
  369  be evaluated and compared with rates of progress of other
  370  closely comparable student populations.
  372  The district school board is required to provide academic
  373  student performance data to charter schools for each of their
  374  students coming from the district school system, as well as
  375  rates of academic progress of comparable student populations in
  376  the district school system. If academic student performance data
  377  cannot be provided to a charter school, the district school
  378  board shall provide the charter school with training and access
  379  to the school district’s student achievement databases.
  380         4. The methods used to identify the educational strengths
  381  and needs of students and how well educational goals and
  382  performance standards are met by students attending the charter
  383  school. The methods shall provide a means for the charter school
  384  to ensure accountability to its constituents by analyzing
  385  student performance data and by evaluating the effectiveness and
  386  efficiency of its major educational programs. Students in
  387  charter schools shall, at a minimum, participate in the
  388  statewide assessment program created under s. 1008.22.
  389         5. In secondary charter schools, a method for determining
  390  that a student has satisfied the requirements for graduation in
  391  s. 1003.428, s. 1003.429, or s. 1003.43.
  392         6. A method for resolving conflicts between the governing
  393  board of the charter school and the sponsor.
  394         7. The admissions procedures and dismissal procedures,
  395  including the school’s code of student conduct.
  396         8. The ways by which the school will achieve a
  397  racial/ethnic balance reflective of the community it serves or
  398  within the racial/ethnic range of other public schools in the
  399  same school district.
  400         9. The financial and administrative management of the
  401  school, including a reasonable demonstration of the professional
  402  experience or competence of those individuals or organizations
  403  applying to operate the charter school or those hired or
  404  retained to perform such professional services and the
  405  description of clearly delineated responsibilities and the
  406  policies and practices needed to effectively manage the charter
  407  school. A description of internal audit procedures and
  408  establishment of controls to ensure that financial resources are
  409  properly managed must be included. Both public sector and
  410  private sector professional experience shall be equally valid in
  411  such a consideration.
  412         10. The asset and liability projections required in the
  413  application which are incorporated into the charter and shall be
  414  compared with information provided in the annual report of the
  415  charter school.
  416         11. A description of procedures that identify various risks
  417  and provide for a comprehensive approach to reduce the impact of
  418  losses; plans to ensure the safety and security of students and
  419  staff; plans to identify, minimize, and protect others from
  420  violent or disruptive student behavior; and the manner in which
  421  the school will be insured, including whether or not the school
  422  will be required to have liability insurance, and, if so, the
  423  terms and conditions thereof and the amounts of coverage.
  424         12. The term of the charter, which shall provide for
  425  cancellation of the charter if insufficient progress has been
  426  made in attaining the student achievement objectives of the
  427  charter and if it is not likely that such objectives can be
  428  achieved before expiration of the charter. The initial term of a
  429  charter shall be for 4 or 5 years. In order to facilitate access
  430  to long-term financial resources for charter school
  431  construction, charter schools that are operated by a
  432  municipality or other public entity as provided by law are
  433  eligible for up to a 15-year charter, subject to approval by the
  434  district school board. A charter lab school is eligible for a
  435  charter for a term of up to 15 years. In addition, to facilitate
  436  access to long-term financial resources for charter school
  437  construction, charter schools that are operated by a private,
  438  not-for-profit, s. 501(c)(3) status corporation are eligible for
  439  up to a 15-year charter, subject to approval by the district
  440  school board. Such long-term charters remain subject to annual
  441  review and may be terminated during the term of the charter, but
  442  only according to the provisions set forth in subsection (8).
  443         13. The facilities to be used and their location.
  444         14. The qualifications to be required of the teachers and
  445  the potential strategies used to recruit, hire, train, and
  446  retain qualified staff to achieve best value.
  447         15. The governance structure of the school, including the
  448  status of the charter school as a public or private employer as
  449  required in paragraph (13)(i) (12)(i).
  450         16. A timetable for implementing the charter which
  451  addresses the implementation of each element thereof and the
  452  date by which the charter shall be awarded in order to meet this
  453  timetable.
  454         17. In the case of an existing public school that is being
  455  converted to charter status, alternative arrangements for
  456  current students who choose not to attend the charter school and
  457  for current teachers who choose not to teach in the charter
  458  school after conversion in accordance with the existing
  459  collective bargaining agreement or district school board rule in
  460  the absence of a collective bargaining agreement. However,
  461  alternative arrangements are shall not be required for current
  462  teachers who choose not to teach in a charter lab school, except
  463  as authorized by the employment policies of the state university
  464  that which grants the charter to the lab school.
  465         18. Full disclosure of the identity of all relatives
  466  employed by the charter school who are related to the charter
  467  school owner, president, chairperson of the governing board of
  468  directors, superintendent, governing board member, principal,
  469  assistant principal, or any other person employed by the charter
  470  school who has equivalent decisionmaking authority. For the
  471  purpose of this subparagraph, the term “relative” means father,
  472  mother, son, daughter, brother, sister, uncle, aunt, first
  473  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  474  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  475  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  476  stepsister, half brother, or half sister.
  477         19. Implementation of the activities authorized under s.
  478  1002.331 or s. 1002.332 by the charter school when it satisfies
  479  the eligibility requirements for a high-performing charter
  480  school. A high-performing charter school shall notify its
  481  sponsor in writing by March 1 if it intends to increase
  482  enrollment or expand grade levels the following school year. The
  483  written notice shall specify the amount of the enrollment
  484  increase and the grade levels that will be added, as applicable.
  485         (9) FORMAL GRIEVANCES; MEDIATION.—A charter school or
  486  sponsor may file a formal grievance with the Department of
  487  Education and request mediation if the charter school or sponsor
  488  is unable to resolve any outstanding issues between the charter
  489  school and the sponsor. Upon the filing of such formal grievance
  490  and request for mediation, any activities associated with the
  491  closing of a charter school shall cease until a resolution is
  492  reached, unless the charter is terminated pursuant to paragraph
  493  (8)(d).
  494         (10)(9) CHARTER SCHOOL REQUIREMENTS.—
  495         (b) A charter school shall admit students as provided in
  496  subsection (11) (10).
  497         (g) In order to provide financial information that is
  498  comparable to that reported for other public schools, charter
  499  schools are to maintain all financial records that constitute
  500  their accounting system:
  501         1. In accordance with the accounts and codes prescribed in
  502  the most recent issuance of the publication titled “Financial
  503  and Program Cost Accounting and Reporting for Florida Schools”;
  504  or
  505         2. At the discretion of the charter school’s governing
  506  board, a charter school may elect to follow generally accepted
  507  accounting standards for not-for-profit organizations, but must
  508  reformat this information for reporting according to this
  509  paragraph.
  511  Charter schools shall provide annual financial report and
  512  program cost report information in the state-required formats
  513  for inclusion in district reporting in compliance with s.
  514  1011.60(1). Charter schools that are operated by a municipality
  515  or are a component unit of a parent nonprofit organization may
  516  use the accounting system of the municipality or the parent but
  517  must reformat this information for reporting according to this
  518  paragraph. A charter school shall provide a monthly financial
  519  statement to the sponsor unless the charter school is designated
  520  as a high-performing charter school pursuant to s. 1002.331 or
  521  s. 1002.332, in which case the high-performing charter school
  522  may provide a quarterly financial statement. The financial
  523  statement required under this paragraph shall be in a form
  524  prescribed by the Department of Education.
  525         (11)(10) ELIGIBLE STUDENTS.—
  526         (d) A charter school may give enrollment preference to the
  527  following student populations:
  528         1. Students who are siblings of a student enrolled in the
  529  charter school.
  530         2. Students who are the children of a member of the
  531  governing board of the charter school.
  532         3. Students who are the children of an employee of the
  533  charter school.
  534         4. Students who are the children of:
  535         a. An employee of the business partner of a charter school
  536  in-the-workplace established under paragraph (16)(b) (15)(b) or
  537  a resident of the municipality in which such charter school is
  538  located; or
  539         b. A resident of a municipality that operates a charter
  540  school-in-a-municipality pursuant to paragraph (16)(c) (15)(c).
  541         5. Students who have successfully completed a voluntary
  542  prekindergarten education program under ss. 1002.51-1002.79
  543  provided by the charter school or the charter school’s governing
  544  board during the previous year.
  545         6. Students who are the children of an active duty member
  546  of any branch of the United States Armed Forces.
  547         (e) A charter school may limit the enrollment process only
  548  to target the following student populations:
  549         1. Students within specific age groups or grade levels.
  550         2. Students considered at risk of dropping out of school or
  551  academic failure. Such students shall include exceptional
  552  education students.
  553         3. Students enrolling in a charter school-in-the-workplace
  554  or charter school-in-a-municipality established pursuant to
  555  subsection (16) (15).
  556         4. Students residing within a reasonable distance of the
  557  charter school, as described in paragraph (21)(c) (20)(c). Such
  558  students shall be subject to a random lottery and to the
  559  racial/ethnic balance provisions described in subparagraph
  560  (7)(a)8. or any federal provisions that require a school to
  561  achieve a racial/ethnic balance reflective of the community it
  562  serves or within the racial/ethnic range of other public schools
  563  in the same school district.
  564         5. Students who meet reasonable academic, artistic, or
  565  other eligibility standards established by the charter school
  566  and included in the charter school application and charter or,
  567  in the case of existing charter schools, standards that are
  568  consistent with the school’s mission and purpose. Such standards
  569  shall be in accordance with current state law and practice in
  570  public schools and may not discriminate against otherwise
  571  qualified individuals.
  572         6. Students articulating from one charter school to another
  573  pursuant to an articulation agreement between the charter
  574  schools that has been approved by the sponsor.
  575         7. Students living in a development in which a business
  576  entity provides the school facility and related property having
  577  an appraised value of at least $10 million to be used as a
  578  charter school for the development. Students living in the
  579  development shall be entitled to 50 percent of the student
  580  stations in the charter school. The students who are eligible
  581  for enrollment are subject to a random lottery, the
  582  racial/ethnic balance provisions, or any federal provisions, as
  583  described in subparagraph 4. The remainder of the student
  584  stations shall be filled in accordance with subparagraph 4.
  585         (h) The capacity of the charter school shall be determined
  586  annually by the governing board, in conjunction with the
  587  sponsor, of the charter school in consideration of the factors
  588  identified in this subsection unless the charter school is
  589  designated as a high-performing charter school pursuant to s.
  590  1002.331 or s. 1002.332. A sponsor may not require a charter
  591  school to waive the provisions of s. 1002.331 or s. 1002.332 or
  592  require a student enrollment cap that prohibits a high
  593  performing charter school from increasing enrollment in
  594  accordance with s. 1002.331(2) or s. 1002.332(2)(c) as a
  595  condition of approval or renewal of a charter.
  596         (i) The capacity of a high-performing charter school
  597  identified pursuant to s. 1002.331 or s. 1002.332 shall be
  598  determined annually by the governing board of the charter
  599  school. The governing board shall notify the sponsor of any
  600  increase in enrollment by March 1 of the school year preceding
  601  the increase.
  602         (14)(13) CHARTER SCHOOL COOPERATIVES.—Charter schools may
  603  enter into cooperative agreements to form charter school
  604  cooperative organizations that may provide the following
  605  services: charter school planning and development, direct
  606  instructional services, and contracts with charter school
  607  governing boards to provide personnel administrative services,
  608  payroll services, human resource management, evaluation and
  609  assessment services, teacher preparation, and professional
  610  development. A charter school cooperative organization that
  611  includes high-performing charter schools, a consortium of
  612  charter schools, or individual charter schools may submit a
  613  professional development plan on behalf of its member schools to
  614  the State Board of Education for the purpose of meeting
  615  continuing education requirements.
  618         (b) A charter school-in-the-workplace may be established
  619  when a business partner provides the school facility to be used;
  620  enrolls students based upon a random lottery that involves all
  621  of the children of employees of that business or corporation who
  622  are seeking enrollment, as provided for in subsection (11) (10);
  623  and enrolls students according to the racial/ethnic balance
  624  provisions described in subparagraph (7)(a)8. Any portion of a
  625  facility used for a public charter school shall be exempt from
  626  ad valorem taxes, as provided for in s. 1013.54, for the
  627  duration of its use as a public school.
  628         (c) A charter school-in-a-municipality designation may be
  629  granted to a municipality that possesses a charter; enrolls
  630  students based upon a random lottery that involves all of the
  631  children of the residents of that municipality who are seeking
  632  enrollment, as provided for in subsection (11) (10); and enrolls
  633  students according to the racial/ethnic balance provisions
  634  described in subparagraph (7)(a)8. When a municipality has
  635  submitted charter applications for the establishment of a
  636  charter school feeder pattern, consisting of elementary, middle,
  637  and senior high schools, and each individual charter application
  638  is approved by the district school board, such schools shall
  639  then be designated as one charter school for all purposes listed
  640  pursuant to this section. Any portion of the land and facility
  641  used for a public charter school shall be exempt from ad valorem
  642  taxes, as provided for in s. 1013.54, for the duration of its
  643  use as a public school.
  644         (18)(17) FUNDING.—Students enrolled in a charter school,
  645  regardless of the sponsorship, shall be funded as if they are in
  646  a basic program or a special program, the same as students
  647  enrolled in other public schools in the school district. Funding
  648  for a charter lab school shall be as provided in s. 1002.32.
  649         (a) Each charter school shall report its student enrollment
  650  to the sponsor as required in s. 1011.62, and in accordance with
  651  the definitions in s. 1011.61. The sponsor shall include each
  652  charter school’s enrollment in the district’s report of student
  653  enrollment. All charter schools submitting student record
  654  information required by the Department of Education shall comply
  655  with the Department of Education’s guidelines for electronic
  656  data formats for such data, and all districts shall accept
  657  electronic data that complies with the Department of Education’s
  658  electronic format.
  659         (b) The basis for the agreement for funding students
  660  enrolled in a charter school shall be the sum of the school
  661  district’s operating funds from the Florida Education Finance
  662  Program as provided in s. 1011.62 and the General Appropriations
  663  Act, including gross state and local funds, discretionary
  664  lottery funds, and funds from the school district’s current
  665  operating discretionary millage levy; divided by total funded
  666  weighted full-time equivalent students in the school district;
  667  multiplied by the weighted full-time equivalent students for the
  668  charter school. Charter schools whose students or programs meet
  669  the eligibility criteria in law shall be entitled to their
  670  proportionate share of categorical program funds included in the
  671  total funds available in the Florida Education Finance Program
  672  by the Legislature, including transportation. Total funding for
  673  each charter school shall be recalculated during the year to
  674  reflect the revised calculations under the Florida Education
  675  Finance Program by the state and the actual weighted full-time
  676  equivalent students reported by the charter school during the
  677  full-time equivalent student survey periods designated by the
  678  Commissioner of Education.
  679         (c) Each district school board may annually proportionately
  680  share the revenue generated by the millage levy pursuant to s.
  681  1011.71(2) with charter schools in the school district on a per
  682  student basis. If a district school board does not
  683  proportionately share the revenue generated by the millage levy
  684  pursuant to s. 1011.71(2), the Florida Education Finance Program
  685  allocation for that school district shall be recalculated so
  686  that each charter school in the school district receives, on a
  687  per-student basis, the same amount of funds that it would have
  688  received if the district school board shared the millage levy
  689  revenue with charter schools on a per-student, pro rata basis.
  690  The school district shall, within 30 days after receipt,
  691  distribute the recalculated funds to each charter school in the
  692  district. Charter schools may use these recalculated funds only
  693  for capital outlay purposes.
  694         (d)(c) If the district school board is providing programs
  695  or services to students funded by federal funds, any eligible
  696  students enrolled in charter schools in the school district
  697  shall be provided federal funds for the same level of service
  698  provided students in the schools operated by the district school
  699  board. All federal funds received by a district school board for
  700  the benefit of charter schools, charter school students, or
  701  charter school students as public school students in the school
  702  district, including, but not limited to, Title I, Title II, and
  703  IDEA funds, shall be paid in total to charter schools within 60
  704  days after receipt by the district school board. Pursuant to
  705  provisions of 20 U.S.C. 8061 s. 10306, all charter schools shall
  706  receive all federal funding for which the school is otherwise
  707  eligible, including Title I funding, not later than 5 months
  708  after the charter school first opens and within 5 months after
  709  any subsequent expansion of enrollment.
  710         (e)(d) Charter schools shall be included by the Department
  711  of Education and the district school board in requests for
  712  federal stimulus funds in the same manner as district school
  713  board-operated public schools, including Title I and IDEA funds
  714  and shall be entitled to receive such funds. Charter schools are
  715  eligible to participate in federal competitive grants that are
  716  available as part of the federal stimulus funds.
  717         (f)(e) District school boards shall make timely and
  718  efficient payment and reimbursement to charter schools,
  719  including processing paperwork required to access special state
  720  and federal funding for which they may be eligible. The district
  721  school board may distribute funds to a charter school for up to
  722  3 months based on the projected full-time equivalent student
  723  membership of the charter school. Thereafter, the results of
  724  full-time equivalent student membership surveys shall be used in
  725  adjusting the amount of funds distributed monthly to the charter
  726  school for the remainder of the fiscal year. The payment shall
  727  be issued no later than 10 working days after the district
  728  school board receives a distribution of state or federal funds.
  729  If a warrant for payment is not issued within 10 working days
  730  after receipt of funding by the district school board, the
  731  school district shall pay to the charter school, in addition to
  732  the amount of the scheduled disbursement, interest at a rate of
  733  1 percent per month calculated on a daily basis on the unpaid
  734  balance from the expiration of the 10 working days until such
  735  time as the warrant is issued.
  736         (g)(f) Funding for a virtual charter school shall be as
  737  provided in s. 1002.45(7).
  738         (21)(20) SERVICES.—
  739         (a)1. A sponsor shall provide certain administrative and
  740  educational services to charter schools. These services shall
  741  include contract management services; full-time equivalent and
  742  data reporting services; exceptional student education
  743  administration services; services related to eligibility and
  744  reporting duties required to ensure that school lunch services
  745  under the federal lunch program, consistent with the needs of
  746  the charter school, are provided by the school district at the
  747  request of the charter school, that any funds due to the charter
  748  school under the federal lunch program be paid to the charter
  749  school as soon as the charter school begins serving food under
  750  the federal lunch program, and that the charter school is paid
  751  at the same time and in the same manner under the federal lunch
  752  program as other public schools serviced by the sponsor or the
  753  school district; test administration services, including payment
  754  of the costs of state-required or district-required student
  755  assessments; processing of teacher certificate data services;
  756  and information services, including equal access to student
  757  information systems that are used by public schools in the
  758  district in which the charter school is located. Student
  759  performance data for each student in a charter school,
  760  including, but not limited to, FCAT scores, standardized test
  761  scores, previous public school student report cards, and student
  762  performance measures, shall be provided by the sponsor to a
  763  charter school in the same manner provided to other public
  764  schools in the district.
  765         2. A total administrative fee for the provision of such
  766  services shall be calculated based upon up to 5 percent of the
  767  available funds defined in paragraph (18)(b) (17)(b) for all
  768  students. However, a sponsor may only withhold up to a 5-percent
  769  administrative fee for enrollment for up to and including 250
  770  students. For charter schools with a population of 251 or more
  771  students, the difference between the total administrative fee
  772  calculation and the amount of the administrative fee withheld
  773  may only be used for capital outlay purposes specified in s.
  774  1013.62(2).
  775         3. For high-performing charter schools, as defined in ch.
  776  2011-232, a sponsor may withhold a total administrative fee of
  777  up to 2 percent for enrollment up to and including 250 students
  778  per school.
  779         4. In addition, a sponsor may withhold only up to a 5
  780  percent administrative fee for enrollment for up to and
  781  including 500 students within a system of charter schools which
  782  meets all of the following:
  783         a. Includes both conversion charter schools and
  784  nonconversion charter schools;
  785         b. Has all schools located in the same county;
  786         c. Has a total enrollment exceeding the total enrollment of
  787  at least one school district in the state;
  788         d. Has the same governing board; and
  789         e. Does not contract with a for-profit service provider for
  790  management of school operations.
  791         5. The difference between the total administrative fee
  792  calculation and the amount of the administrative fee withheld
  793  pursuant to subparagraph 4. may be used for instructional and
  794  administrative purposes as well as for capital outlay purposes
  795  specified in s. 1013.62(2).
  796         6. For a high-performing charter school system that also
  797  meets the requirements in subparagraph 4., a sponsor may
  798  withhold a 2-percent administrative fee for enrollments up to
  799  and including 500 students per system.
  800         7. Sponsors shall not charge charter schools any additional
  801  fees or surcharges for administrative and educational services
  802  in addition to the maximum 5-percent administrative fee withheld
  803  pursuant to this paragraph.
  804         8. The sponsor of a virtual charter school may withhold a
  805  fee of up to 5 percent. The funds shall be used to cover the
  806  cost of services provided under subparagraph 1. and for the
  807  school district’s local instructional improvement system
  808  pursuant to s. 1006.281 or other technological tools that are
  809  required to access electronic and digital instructional
  810  materials.
  812  receipt of the annual report required by paragraph (10)(k)
  813  (9)(k), the Department of Education shall provide to the State
  814  Board of Education, the Commissioner of Education, the Governor,
  815  the President of the Senate, and the Speaker of the House of
  816  Representatives an analysis and comparison of the overall
  817  performance of charter school students, to include all students
  818  whose scores are counted as part of the statewide assessment
  819  program, versus comparable public school students in the
  820  district as determined by the statewide assessment program
  821  currently administered in the school district, and other
  822  assessments administered pursuant to s. 1008.22(3).
  823         Section 4. Paragraph (c) of subsection (1), paragraph (c)
  824  of subsection (2), and paragraph (b) of subsection (3) of
  825  section 1002.331, Florida Statutes, are amended to read:
  826         1002.331 High-performing charter schools.—
  827         (1) A charter school is a high-performing charter school if
  828  it:
  829         (c) Did not receive a financial audit that revealed one or
  830  more of the financial emergency conditions set forth in s.
  831  218.503(1) in the most recent 3 fiscal years for which such
  832  audits are available. However, this requirement is deemed met
  833  for a charter school-in-the-workplace if there is a finding in
  834  an audit that the school has the monetary resources available to
  835  cover any reported deficiency or that the deficiency does not
  836  result in a deteriorating financial condition pursuant to s.
  837  1002.345(1)(a)3.
  839  A virtual charter school established under s. 1002.33 is not
  840  eligible for designation as a high-performing charter school.
  841         (2) A high-performing charter school is authorized to:
  842         (c) Submit a quarterly, rather than a monthly, financial
  843  statement to the sponsor pursuant to s. 1002.33(10)(g)
  844  1002.33(9)(g).
  846  A high-performing charter school shall notify its sponsor in
  847  writing by March 1 if it intends to increase enrollment or
  848  expand grade levels the following school year. The written
  849  notice shall specify the amount of the enrollment increase and
  850  the grade levels that will be added, as applicable.
  851         (3)
  852         (b) A high-performing charter school may not establish more
  853  than three one charter schools school within the state under
  854  paragraph (a) in any year. A subsequent application to establish
  855  a charter school under paragraph (a) may not be submitted unless
  856  each charter school established in this manner achieves high
  857  performing charter school status.
  858         Section 5. Paragraph (c) is added to subsection (2) of
  859  section 1002.332, Florida Statutes, to read:
  860         1002.332 High-performing charter school system.—
  861         (2)
  862         (c) A high-performing charter school that is part of a
  863  high-performing charter school system may:
  864         1. Increase its student enrollment once per school year by
  865  up to 15 percent more than the capacity identified in the
  866  charter.
  867         2. Expand grade levels within kindergarten through grade 12
  868  to add grade levels not already served if any annual enrollment
  869  increase resulting from grade level expansion is within the
  870  limit established in subparagraph 1.
  871         3. Submit a quarterly, rather than a monthly, financial
  872  statement to the sponsor pursuant to s. 1002.33(10)(g).
  873         4. Consolidate under a single charter the charters of
  874  multiple high-performing charter schools operated in the same
  875  school district by the charter schools’ governing boards,
  876  regardless of the renewal cycle.
  877         5. Receive a modification of its charter to a term of 15
  878  years or a 15-year charter renewal. The charter may be modified
  879  or renewed for a shorter term at the option of the high
  880  performing charter school. The charter must be consistent with
  881  s. 1002.33(7)(a)19. and (11)(h) and (i), is subject to annual
  882  review by the sponsor, and may be terminated during its term
  883  pursuant to s. 1002.33(8).
  885  A high-performing charter school that is part of a high
  886  performing charter school system shall notify its sponsor in
  887  writing by March 1 if it intends to increase enrollment or
  888  expand grade levels the following school year. The written
  889  notice shall specify the amount of the enrollment increase and
  890  the grade levels that will be added, as applicable.
  891         Section 6. Paragraph (c) of subsection (10) and subsection
  892  (13) of section 1002.34, Florida Statutes, are amended to read:
  893         1002.34 Charter technical career centers.—
  894         (10) EXEMPTION FROM STATUTES.—
  895         (c) A center must comply with the antidiscrimination
  896  provisions in s. 1000.05 and the provisions in s. 1002.33(25)
  897  1002.33(24) which relate to the employment of relatives.
  898         (13) BOARD OF DIRECTORS AUTHORITY.—The board of directors
  899  of a center may decide matters relating to the operation of the
  900  school, including budgeting, curriculum, and operating
  901  procedures, subject to the center’s charter. The board of
  902  directors is responsible for performing the duties provided in
  903  s. 1002.345, including monitoring the corrective action plan.
  904  The board of directors must comply with s. 1002.33(27)
  905  1002.33(26).
  906         Section 7. Paragraphs (a) and (d) of subsection (1) and
  907  paragraph (b) of subsection (2) of section 1002.345, Florida
  908  Statutes, are amended to read:
  909         1002.345 Determination of deteriorating financial
  910  conditions and financial emergencies for charter schools and
  911  charter technical career centers.—This section applies to
  912  charter schools operating pursuant to s. 1002.33 and to charter
  913  technical career centers operating pursuant to s. 1002.34.
  915         (a) A charter school or a charter technical career center
  916  is subject to an expedited review by the sponsor if one of the
  917  following occurs:
  918         1. Failure to provide for an audit required by s. 218.39.
  919         2. Failure to comply with reporting requirements pursuant
  920  to s. 1002.33(10) 1002.33(9) or s. 1002.34(11)(f) or (14).
  921         3. A deteriorating financial condition identified through
  922  an annual audit pursuant to s. 218.39(5) or a monthly financial
  923  statement pursuant to s. 1002.33(10)(g) 1002.33(9)(g) or s.
  924  1002.34(11)(f). “Deteriorating financial condition” means a
  925  circumstance that significantly impairs the ability of a charter
  926  school or a charter technical career center to generate enough
  927  revenues to meet its expenditures without causing the occurrence
  928  of a condition described in s. 218.503(1).
  929         4. Notification pursuant to s. 218.503(2) that one or more
  930  of the conditions specified in s. 218.503(1) have occurred or
  931  will occur if action is not taken to assist the charter school
  932  or charter technical career center.
  933         (d) The governing board shall include the corrective action
  934  plan and the status of its implementation in the annual progress
  935  report to the sponsor which is required pursuant to s.
  936  1002.33(10)(k) 1002.33(9)(k) or s. 1002.34(14).
  938         (b) The governing board shall include the financial
  939  recovery plan and the status of its implementation in the annual
  940  progress report to the sponsor which is required under s.
  941  1002.33(10)(k) 1002.33(9)(k) or s. 1002.34(14).
  942         Section 8. Section 1011.68, Florida Statutes, is amended to
  943  read:
  944         1011.68 Funds for student transportation.—The annual
  945  allocation to each district for transportation to public school
  946  programs, including charter schools as provided in s.
  947  1002.33(18)(b) 1002.33(17)(b), of students in membership in
  948  kindergarten through grade 12 and in migrant and exceptional
  949  student programs below kindergarten shall be determined as
  950  follows:
  951         (1) Subject to the rules of the State Board of Education,
  952  each district shall determine the membership of students who are
  953  transported:
  954         (a) By reason of living 2 miles or more from school.
  955         (b) By reason of being students with disabilities or
  956  enrolled in a teenage parent program, regardless of distance to
  957  school.
  958         (c) By reason of being in a state prekindergarten program,
  959  regardless of distance from school.
  960         (d) By reason of being career, dual enrollment, or students
  961  with disabilities transported from one school center to another
  962  to participate in an instructional program or service; or
  963  students with disabilities, transported from one designation to
  964  another in the state, provided one designation is a school
  965  center and provided the student’s individual educational plan
  966  (IEP) identifies the need for the instructional program or
  967  service and transportation to be provided by the school
  968  district. A “school center” is defined as a public school
  969  center, Florida College System institution, state university, or
  970  other facility rented, leased, or owned and operated by the
  971  school district or another public agency. A “dual enrollment
  972  student” is defined as a public school student in membership in
  973  both a public secondary school program and a Florida College
  974  System institution or a state university program under a written
  975  agreement to partially fulfill ss. 1003.435 and 1007.23 and
  976  earning full-time equivalent membership under s. 1011.62(1)(i).
  977         (e) With respect to elementary school students whose grade
  978  level does not exceed grade 6, by reason of being subjected to
  979  hazardous walking conditions en route to or from school as
  980  provided in s. 1006.23. Such rules shall, when appropriate,
  981  provide for the determination of membership under this paragraph
  982  for less than 1 year to accommodate the needs of students who
  983  require transportation only until such hazardous conditions are
  984  corrected.
  985         (f) By reason of being a pregnant student or student
  986  parent, and the child of a student parent as provided in s.
  987  1003.54, regardless of distance from school.
  988         (2) The allocation for each district shall be calculated
  989  annually in accordance with the following formula:
  991  T = B + EX. The elements of this formula are defined as follows:
  992  T is the total dollar allocation for transportation. B is the
  993  base transportation dollar allocation prorated by an adjusted
  994  student membership count. The adjusted membership count shall be
  995  derived from a multiplicative index function in which the base
  996  student membership is adjusted by multiplying it by index
  997  numbers that individually account for the impact of the price
  998  level index, average bus occupancy, and the extent of rural
  999  population in the district. EX is the base transportation dollar
 1000  allocation for disabled students prorated by an adjusted
 1001  disabled student membership count. The base transportation
 1002  dollar allocation for disabled students is the total state base
 1003  disabled student membership count weighted for increased costs
 1004  associated with transporting disabled students and multiplying
 1005  it by an average per student cost for transportation as
 1006  determined by the Legislature. The adjusted disabled student
 1007  membership count shall be derived from a multiplicative index
 1008  function in which the weighted base disabled student membership
 1009  is adjusted by multiplying it by index numbers that individually
 1010  account for the impact of the price level index, average bus
 1011  occupancy, and the extent of rural population in the district.
 1012  Each adjustment factor shall be designed to affect the base
 1013  allocation by no more or less than 10 percent.
 1014         (3) The total allocation to each district for
 1015  transportation of students shall be the sum of the amounts
 1016  determined in subsection (2). If the funds appropriated for the
 1017  purpose of implementing this section are not sufficient to pay
 1018  the base transportation allocation and the base transportation
 1019  allocation for disabled students, the Department of Education
 1020  shall prorate the available funds on a percentage basis. If the
 1021  funds appropriated for the purpose of implementing this section
 1022  exceed the sum of the base transportation allocation and the
 1023  base transportation allocation for disabled students, the base
 1024  transportation allocation for disabled students shall be limited
 1025  to the amount calculated in subsection (2), and the remaining
 1026  balance shall be added to the base transportation allocation.
 1027         (4) No district shall use funds to purchase transportation
 1028  equipment and supplies at prices which exceed those determined
 1029  by the department to be the lowest which can be obtained, as
 1030  prescribed in s. 1006.27(1).
 1031         (5) Funds allocated or apportioned for the payment of
 1032  student transportation services may be used to pay for
 1033  transportation of students to and from school on local general
 1034  purpose transportation systems. Student transportation funds may
 1035  also be used to pay for transportation of students to and from
 1036  school in private passenger cars and boats when the
 1037  transportation is for isolated students, or students with
 1038  disabilities as defined by rule. Subject to the rules of the
 1039  State Board of Education, each school district shall determine
 1040  and report the number of assigned students using general purpose
 1041  transportation private passenger cars and boats. The allocation
 1042  per student must be equal to the allocation per student riding a
 1043  school bus.
 1044         (6) Notwithstanding other provisions of this section, in no
 1045  case shall any student or students be counted for transportation
 1046  funding more than once per day. This provision includes counting
 1047  students for funding pursuant to trips in school buses,
 1048  passenger cars, or boats or general purpose transportation.
 1049         Section 9. Paragraph (b) of subsection (2) of section
 1050  1012.32, Florida Statutes, is amended to read:
 1051         1012.32 Qualifications of personnel.—
 1052         (2)
 1053         (b) Instructional and noninstructional personnel who are
 1054  hired or contracted to fill positions in any charter school and
 1055  members of the governing board of any charter school, in
 1056  compliance with s. 1002.33(13)(g) 1002.33(12)(g), must, upon
 1057  employment, engagement of services, or appointment, undergo
 1058  background screening as required under s. 1012.465 or s.
 1059  1012.56, whichever is applicable, by filing with the district
 1060  school board for the school district in which the charter school
 1061  is located a complete set of fingerprints taken by an authorized
 1062  law enforcement agency or an employee of the school or school
 1063  district who is trained to take fingerprints.
 1065  Fingerprints shall be submitted to the Department of Law
 1066  Enforcement for statewide criminal and juvenile records checks
 1067  and to the Federal Bureau of Investigation for federal criminal
 1068  records checks. A person subject to this subsection who is found
 1069  ineligible for employment under s. 1012.315, or otherwise found
 1070  through background screening to have been convicted of any crime
 1071  involving moral turpitude as defined by rule of the State Board
 1072  of Education, shall not be employed, engaged to provide
 1073  services, or serve in any position that requires direct contact
 1074  with students. Probationary persons subject to this subsection
 1075  terminated because of their criminal record have the right to
 1076  appeal such decisions. The cost of the background screening may
 1077  be borne by the district school board, the charter school, the
 1078  employee, the contractor, or a person subject to this
 1079  subsection.
 1080         Section 10. Paragraphs (a) and (e) of subsection (1) and
 1081  subsection (2) of section 1013.62, Florida Statutes, are amended
 1082  to read:
 1083         1013.62 Charter schools capital outlay funding.—
 1084         (1) In each year in which funds are appropriated for
 1085  charter school capital outlay purposes, the Commissioner of
 1086  Education shall allocate the funds among eligible charter
 1087  schools.
 1088         (a) To be eligible for a funding allocation, a charter
 1089  school must:
 1090         1.a. Have been in operation for 3 or more years;
 1091         b. Be governed by a governing board established in the
 1092  state for 3 or more years which operates both charter schools
 1093  and conversion charter schools within the state;
 1094         c. Be an expanded feeder chain of a charter school within
 1095  the same school district that is currently receiving charter
 1096  school capital outlay funds;
 1097         d. Have been accredited by the Commission on Schools of the
 1098  Southern Association of Colleges and Schools; or
 1099         e. Serve students in facilities that are provided by a
 1100  business partner for a charter school-in-the-workplace pursuant
 1101  to s. 1002.33(16)(b) 1002.33(15)(b).
 1102         2. Have financial stability for future operation as a
 1103  charter school.
 1104         3. Have satisfactory student achievement based on state
 1105  accountability standards applicable to the charter school.
 1106         4. Have received final approval from its sponsor pursuant
 1107  to s. 1002.33 for operation during that fiscal year.
 1108         5. Serve students in facilities that are not provided by
 1109  the charter school’s sponsor.
 1110         (e) Unless otherwise provided in the General Appropriations
 1111  Act, the funding allocation for each eligible charter school is
 1112  determined by multiplying the school’s projected student
 1113  enrollment by one-fifteenth of the cost-per-student station
 1114  specified in s. 1013.64(6)(b) for an elementary, middle, or high
 1115  school, as appropriate. If the funds appropriated are not
 1116  sufficient, the commissioner shall prorate the available funds
 1117  among eligible charter schools. However, a charter school or
 1118  charter lab school may not receive state charter school capital
 1119  outlay funds greater than the one-fifteenth cost per student
 1120  station formula if the charter school’s combination of state
 1121  charter school capital outlay funds, capital outlay funds
 1122  calculated through the reduction in the administrative fee
 1123  provided in s. 1002.33(21) 1002.33(20), and capital outlay funds
 1124  allowed in s. 1002.32(9)(e) and (h) exceeds the one-fifteenth
 1125  cost per student station formula.
 1126         (2) A charter school’s governing body may use charter
 1127  school capital outlay funds for the following purposes:
 1128         (a) Purchase of real property.
 1129         (b) Construction of school facilities.
 1130         (c) Purchase, lease-purchase, or lease of permanent or
 1131  relocatable school facilities.
 1132         (d) Purchase of vehicles to transport students to and from
 1133  the charter school.
 1134         (e) Renovation, repair, and maintenance of school
 1135  facilities that the charter school owns or is purchasing through
 1136  a lease-purchase or long-term lease of 5 years or longer.
 1137         (f) Effective July 1, 2008, purchase, lease-purchase, or
 1138  lease of new and replacement equipment, and enterprise resource
 1139  software applications that are classified as capital assets in
 1140  accordance with definitions of the Governmental Accounting
 1141  Standards Board, have a useful life of at least 5 years, and are
 1142  used to support schoolwide administration or state-mandated
 1143  reporting requirements.
 1144         (g) Payment of the cost of premiums for property and
 1145  casualty insurance necessary to insure the school facilities.
 1146         (h) Purchase, lease-purchase, or lease of driver’s
 1147  education vehicles; motor vehicles used for the maintenance or
 1148  operation of plants and equipment; security vehicles; or
 1149  vehicles used in storing or distributing materials and
 1150  equipment.
 1152  Conversion charter schools may use capital outlay funds received
 1153  through the reduction in the administrative fee provided in s.
 1154  1002.33(21) 1002.33(20) for renovation, repair, and maintenance
 1155  of school facilities that are owned by the sponsor.
 1156         Section 11. This act shall take effect July 1, 2012.