Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. PCS (545546) for SB 62 Ì193984UÎ193984 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Gibson) recommended the following: 1 Senate Amendment to Amendment (450044) (with directory and 2 title amendments) 3 4 Between lines 2724 and 2725 5 insert: 6 (c) The Legislature intends that the public interest be 7 protected by preventing the financial enrichment of owners, 8 operators, managers, and other affiliated parties of charter 9 schools receiving capital outlay funding. Therefore, a charter 10 school additionally is not eligible for a funding allocation 11 unless the chair of the governing board and the chief 12 administrative officer of the charter school annually certify 13 under oath that the funds will be used solely and exclusively 14 for constructing, renovating, or improving charter school 15 facilities that are: 16 1. Owned by a school district, a political subdivision of 17 the state, a municipality, a Florida College System institution, 18 or a state university; 19 2. Owned by an organization qualified as an exempt 20 organization under s. 501(c)(3) of the Internal Revenue Code 21 whose articles of incorporation specify that upon the 22 organization’s dissolution, the subject property will be 23 transferred to a school district, a political subdivision of the 24 state, a municipality, a Florida College System institution, or 25 a state university; or 26 3. Owned by and leased from, at a fair market value in the 27 school district in which the charter school is located, a person 28 or entity that is not an affiliated party of the charter school. 29 For purposes of this subparagraph, the term “affiliated party of 30 the charter school” means the applicant for the charter school 31 pursuant to s. 1002.33; the governing board of the charter 32 school or a member of the governing board; the charter school 33 owner; the charter school principal; an employee of the charter 34 school; an independent contractor of the charter school or the 35 governing board of the charter school; or a relative, as defined 36 in s. 1002.33(24)(a)2., of a charter school governing board 37 member, a charter school owner, a charter school principal, a 38 charter school employee, or an independent contractor of a 39 charter school or charter school governing board; a subsidiary 40 corporation, a service corporation, an affiliated corporation, a 41 parent corporation, a limited liability company, a limited 42 partnership, a trust, a partnership, or a related party that, 43 individually or through one or more entities, shares common 44 ownership or control and directly or indirectly manages, 45 administers, controls, or oversees the operation of the charter 46 school; or any person or entity, individually or through one or 47 more entities that share common ownership, which directly or 48 indirectly manages, administers, controls, or oversees the 49 operation of any of the foregoing. 50 51 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ====== 52 And the directory clause is amended as follows: 53 Delete lines 2697 - 2698 54 and insert: 55 Section 29. Paragraph (a) is amended and paragraph (c) is 56 added to subsection (7) of section 1012.34, Florida Statutes, to 57 read: 58 59 ================= T I T L E A M E N D M E N T ================ 60 And the title is amended as follows: 61 Delete line 3281 62 and insert: 63 as measured by a certain formula; below a certain 64 level; requiring the chair of the governing board and 65 the chief administrative officer of a charter school 66 to certify that funds will be used in a specified way; 67 defining the term “affiliated party of the charter 68 school”; amending s.