Florida Senate - 2014                                    SB 1096
       By Senator Garcia
       38-00808A-14                                          20141096__
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 1002.33,
    3         F.S.; requiring that an independent third party audit
    4         the random selection process for admission to a
    5         charter school; establishing terms for the selection
    6         of an auditor; providing for applicability;
    7         authorizing a district school board to make certain
    8         surplus property available to a charter school;
    9         authorizing a district school board to negotiate a
   10         usage fee for the charter school; prohibiting a
   11         charter school from re-leasing or subleasing district
   12         surplus property without authorization from the
   13         district school board; authorizing the lease to
   14         provide for use of specified funds under certain
   15         circumstances; amending s. 1013.37, F.S.; authorizing
   16         the Commissioner of Education to authorize certain
   17         exemptions to the Florida Building Code upon a
   18         district school board’s request; specifying the
   19         contents of a request; amending s. 1013.62, F.S.;
   20         providing that a charter school that has a
   21         deteriorating financial condition is ineligible for
   22         capital outlay funding; providing an effective date.
   24  Be It Enacted by the Legislature of the State of Florida:
   26         Section 1. Paragraph (b) of subsection (10) and paragraph
   27  (e) of subsection (18) of section 1002.33, Florida Statutes, are
   28  amended to read:
   29         1002.33 Charter schools.—
   30         (10) ELIGIBLE STUDENTS.—
   31         (b) During the initial selection process and prior to each
   32  new school year, the charter school shall enroll each an
   33  eligible student who submits a timely application. However, if,
   34  unless the number of applications exceeds the capacity of a
   35  program, class, grade level, or building,. In such case, all
   36  applicants shall be afforded have an equal chance of being
   37  admitted through a random selection process. The selection
   38  process must be audited by an independent third party chosen by
   39  the sponsor or charter school and observed by the sponsor or a
   40  third party mutually agreed to by the charter school and
   41  sponsor. The charter school shall choose the method of auditing
   42  the selection process.
   43         (18) FACILITIES.—
   44         (e) If a district school board facility or property is
   45  available because the district school board has deemed it to be
   46  is surplus, marked for disposal, or otherwise unused as
   47  determined by the local school board and the facility is
   48  appropriated for student instruction, it may shall be made
   49  available provided for a charter school’s use based on
   50  eligibility criteria determined by the district school board on
   51  the same basis as it is made available to other public schools
   52  in the district. The district school board may negotiate an
   53  appropriate usage fee not to exceed fair market value. A charter
   54  school that leases receiving property from the school district
   55  may not re-lease, sublease, sell, or dispose of such property
   56  without written permission of the school district. Similarly,
   57  for an existing public school converting to charter status, no
   58  rental or leasing fee for the existing facility or for the
   59  property normally inventoried to the conversion school may be
   60  charged by the district school board to the parents and teachers
   61  organizing the charter school. The charter school shall agree to
   62  reasonable maintenance provisions in order to maintain the
   63  facility in a manner similar to district school board standards.
   64  The lease may provide for use of the Public Education Capital
   65  Outlay maintenance funds or any other maintenance funds if
   66  consistent with the district’s 5-year work plan generated by the
   67  facility operated as a conversion school shall remain with the
   68  conversion school.
   69         Section 2. Subsection (3) of section 1013.37, Florida
   70  Statutes, is amended to read:
   71         1013.37 State uniform building code for public educational
   72  facilities construction.—
   73         (3) REVIEW PROCEDURE.—The Commissioner of Education shall
   74  cooperate with the Florida Building Commission in addressing all
   75  questions, disputes, or interpretations involving the provisions
   76  of the Florida Building Code which govern the construction of
   77  public educational and ancillary facilities, and any objections
   78  to decisions made by the inspectors or the department must be
   79  submitted in writing. Upon a request from a district school
   80  board, the Commissioner of Education may authorize exemptions to
   81  section 423 of the Florida Building Code for the State
   82  Requirements for Educational Facilities. Such request must
   83  provide a cost-benefit analysis. A comprehensive request for all
   84  facilities may be made by a district school board. A district
   85  school board shall comply with all other applicable provisions
   86  of the Florida Building Code and Fire Prevention Code for new
   87  construction, remodeling, and renovation projects.
   88         Section 3. Paragraph (a) of subsection (1) of section
   89  1013.62, Florida Statutes, is amended to read:
   90         1013.62 Charter schools capital outlay funding.—
   91         (1) In each year in which funds are appropriated for
   92  charter school capital outlay purposes, the Commissioner of
   93  Education shall allocate the funds among eligible charter
   94  schools.
   95         (a) To be eligible for a funding allocation, a charter
   96  school must:
   97         1.a. Have been in operation for 3 or more years;
   98         b. Be governed by a governing board established in the
   99  state for 3 or more years which operates both charter schools
  100  and conversion charter schools within the state;
  101         c. Be an expanded feeder chain of a charter school within
  102  the same school district that is currently receiving charter
  103  school capital outlay funds;
  104         d. Have been accredited by the Commission on Schools of the
  105  Southern Association of Colleges and Schools; or
  106         e. Serve students in facilities that are provided by a
  107  business partner for a charter school-in-the-workplace pursuant
  108  to s. 1002.33(15)(b).
  109         2. Have financial stability for future operation as a
  110  charter school. A charter school is ineligible if it is
  111  determined to have a deteriorating financial condition as
  112  provided in s. 1002.345.
  113         3. Have satisfactory student achievement based on state
  114  accountability standards applicable to the charter school.
  115         4. Have received final approval from its sponsor pursuant
  116  to s. 1002.33 for operation during that fiscal year.
  117         5. Serve students in facilities that are not provided by
  118  the charter school’s sponsor.
  119         Section 4. This act shall take effect July 1, 2014.