Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. PCS (545546) for SB 62
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Appropriations (Gibson) recommended the
    1         Senate Amendment to Amendment (450044) (with directory and
    2  title amendments)
    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.
   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:
   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.