Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 7040
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Diaz moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 433 - 471
    4  and insert:
    5         Section 7. Paragraph (c) of subsection (8) and paragraph
    6  (b) of subsection (16) of section 1002.33, Florida Statutes, are
    7  amended to read:
    8         1002.33 Charter schools.—
   10         (c) A charter may be terminated immediately if the sponsor
   11  sets forth in writing to the charter school's governing board,
   12  the charter school administrator, and the department the
   13  particular facts and circumstances demonstrating indicating that
   14  an immediate and serious danger to the health, safety, or
   15  welfare of the charter school’s students exists and the
   16  immediate and serious danger is likely to continue. The
   17  sponsor’s determination is subject to the procedures set forth
   18  in paragraph (b), except that the hearing may take place after
   19  the charter has been terminated. The sponsor shall notify in
   20  writing the charter school’s governing board, the charter school
   21  administrator principal, and the department if a charter is
   22  terminated immediately. The sponsor shall clearly identify the
   23  specific issues that resulted in the immediate termination and
   24  provide evidence of prior notification of issues resulting in
   25  the immediate termination, if applicable when appropriate. Upon
   26  receiving written notice from the sponsor, the charter school’s
   27  governing board has 10 calendar days to request a hearing. A
   28  requested hearing must be expedited and the final order must be
   29  issued within 60 days after the date of request. The sponsor
   30  shall assume operation of the charter school throughout the
   31  pendency of the hearing under paragraph (b) unless the continued
   32  operation of the charter school would materially threaten the
   33  health, safety, or welfare of the students. Failure by the
   34  sponsor to assume and continue operation of the charter school
   35  shall result in the awarding of reasonable costs and attorney’s
   36  fees to the charter school if the charter school prevails on
   37  appeal.
   38         (16) EXEMPTION FROM STATUTES.—
   39         (b) Additionally, a charter school shall demonstrate and
   40  certify in its contract, and if necessary through addendum to
   41  its contract, the charter school’s be in compliance with the
   42  following statutes:
   43         1. Section 286.011, relating to public meetings and
   44  records, public inspection, and criminal and civil penalties.
   45         2. Chapter 119, relating to public records.
   46         3. Section 1003.03, relating to the maximum class size,
   47  except that the calculation for compliance pursuant to s.
   48  1003.03 shall be the average at the school level.
   49         4. Section 1012.22(1)(c), relating to compensation and
   50  salary schedules.
   51         5. Section 1012.33(5), relating to workforce reductions.
   52         6. Section 1012.335, relating to contracts with
   53  instructional personnel hired on or after July 1, 2011.
   54         7. Section 1012.34, relating to the substantive
   55  requirements for performance evaluations for instructional
   56  personnel and school administrators.
   57         8. Section 1006.12, relating to safe-school officers.
   58         9. Section 1006.07(7), relating to threat assessment teams.
   59         10. Section 1006.07(9), relating to school Environmental
   60  safety incident reporting.
   61         11. Section 1006.1493, relating to the Florida Safe Schools
   62  Assessment Tool.
   63         12. Section 1006.07(6)(c), relating to adopting an active
   64  assailant response plan.
   65         13. Section 943.082(4)(b), relating to the mobile
   66  suspicious activity reporting tool.
   67         14. Section 1012.584, relating to youth mental health
   68  awareness and assistance training.
   69         15.Section 1006.07(4), relating to emergency drills and
   70  emergency procedures.
   71         16.Section 1006.07(2)(n)-(o), relating to student civil
   72  citation or similar prearrest diversion programs and
   73  intervention programs.
   75  ================= T I T L E  A M E N D M E N T ================
   76  And the title is amended as follows:
   77         Delete line 33
   78  and insert:
   79         plan; amending s. 1002.33, F.S.; revising provisions
   80         relating to the immediate termination of a charter
   81         school's charter; conforming safety