CS for CS for SB 758                             First Engrossed
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 1001.4205,
    3         F.S.; authorizing members of the Legislature to visit
    4         any public school in the legislative district of the
    5         member; providing requirements for such visits;
    6         creating s. 1002.3301, F.S.; creating the Charter
    7         School Review Commission within the Department of
    8         Education, subject to appropriation; providing the
    9         purpose of the commission; specifying membership of
   10         the commission and the duration of members’ terms;
   11         requiring the State Board of Education to appoint
   12         members, subject to confirmation by the Senate;
   13         providing that a majority of the commission members
   14         constitutes a quorum; providing that the commission
   15         has the same powers and duties relating to reviewing
   16         and approving charter schools as a sponsor; requiring
   17         the department to contract with a college or
   18         university to provide administrative and technical
   19         assistance to the commission; designating the district
   20         school board in which a proposed charter school will
   21         be located as the new charter school’s sponsor and
   22         supervisor; requiring a district school board to take
   23         specified actions within a certain timeframe after the
   24         commission grants a charter school application;
   25         requiring a charter school applicant to provide the
   26         school district in which the proposed charter school
   27         will be located with a copy of the application within
   28         a specified timeframe; authorizing the school district
   29         to provide input to the commission within a specified
   30         timeframe; requiring the commission to consider such
   31         input; authorizing the appeal of commission decisions;
   32         requiring the State Board of Education to adopt rules;
   33         amending s. 1002.33, F.S.; providing legislative
   34         intent; authorizing the commission to solicit and
   35         review certain charter school applications; requiring
   36         the district school board that oversees the school
   37         district in which a charter school approved by the
   38         commission will be located to serve as the charter
   39         school’s sponsor; prohibiting sponsors from imposing
   40         additional reporting requirements unless a charter
   41         school meets specified criteria; providing that
   42         certain interlocal agreements and ordinances are void
   43         and unenforceable; authorizing charter schools to use
   44         school district interlocal agreements; revising the
   45         terms and conditions for charter renewal; revising the
   46         procedure and causes for nonrenewal or termination of
   47         a charter; authorizing members of certain committees
   48         of a charter school governing board to attend
   49         specified meetings in person or through the use of
   50         communications media technology; authorizing charter
   51         schools to use certain interlocal agreements;
   52         prohibiting a charter school from being subject to
   53         certain land use regulations if such regulations would
   54         not be required for certain public schools; providing
   55         that specified facilities may provide space to charter
   56         schools under existing zoning and land use
   57         designations without obtaining a special exception,
   58         rezoning, or a land use change; requiring a specified
   59         proportionate share of certain educational impact fees
   60         to be designated for the construction of certain
   61         charter school facilities; providing credits toward
   62         certain impact fees or exactions for certain entities;
   63         providing that a sponsor may not charge or withhold
   64         administrative fees for certain allocations; creating
   65         s. 1004.88, F.S.; establishing the Florida Institute
   66         for Charter Schools Innovation at Miami Dade College,
   67         subject to appropriation; providing the purpose of the
   68         institute; specifying the duties of the institute;
   69         authorizing the institute to apply for and receive
   70         certain grants; requiring the District Board of
   71         Trustees of Miami Dade College to establish policies
   72         regarding the institute; requiring the Office of
   73         Program Policy Analysis and Government Accountability
   74         to conduct an analysis of charter school capital
   75         outlay funds and certain federal funds and submit a
   76         report to the Governor and Legislature by a specified
   77         date; amending s. 1011.62, F.S.; providing that a
   78         district school board must provide a specified amount
   79         of funding to charter schools within the district if
   80         the teacher salary increase allocation is delayed for
   81         specified reasons; providing an effective date.
   83  Be It Enacted by the Legislature of the State of Florida:
   85         Section 1. Section 1001.4205, Florida Statutes, is amended
   86  to read:
   87         1001.4205 Individuals authorized to visit schools
   88  Visitation of schools by an individual school board or charter
   89  school governing board member.—An individual member of a
   90  district school board may, on any day and at any time at his or
   91  her pleasure, visit any district school in his or her school
   92  district. An individual charter school governing board member
   93  may, on any day and at any time at his or her pleasure, visit
   94  any charter school governed by the charter school’s governing
   95  board. A member of the Legislature may visit any public school
   96  in the legislative district of the member. An individual
   97  visiting a school pursuant to this section The board member must
   98  sign in and sign out at the school’s main office and wear his or
   99  her board identification badge at all times while present on
  100  school premises. The board, the school, or any other person or
  101  entity, including, but not limited to, the principal of the
  102  school, the school superintendent, or any other board member,
  103  may not require an individual visiting the school pursuant to
  104  this section the visiting board member to provide notice before
  105  visiting the school. The school may offer, but may not require,
  106  an escort to accompany an individual visiting the school
  107  pursuant to this section a visiting board member during the
  108  visit. Another board member or a district employee, including,
  109  but not limited to, the superintendent, the school principal, or
  110  his or her designee, may not limit the duration or scope of the
  111  visit or direct an individual visiting the school pursuant to
  112  this section a visiting board member to leave the premises. A
  113  board, district, or school administrative policy or practice may
  114  not prohibit or limit the authority granted to an individual a
  115  board member under this section.
  116         Section 2. Section 1002.3301, Florida Statutes, is created
  117  to read:
  118         1002.3301 Charter School Review Commission.—Subject to an
  119  appropriation, the Charter School Review Commission is created
  120  within the Department of Education to review and approve
  121  applications for charter schools overseen by district school
  122  boards.
  123         (1) The commission shall consist of seven members who have
  124  charter school experience, selected by the State Board of
  125  Education and subject to confirmation by the Senate. The
  126  commissioner shall designate one member as the chair. Each
  127  member shall be appointed to a 4-year term. However, for the
  128  purpose of achieving staggered terms, of the initial
  129  appointments, three members shall be appointed to 2-year terms
  130  and four members shall be appointed to 4-year terms. All
  131  subsequent appointments shall be for 4-year terms. A majority of
  132  the members of the commission constitutes a quorum.
  133         (2) The commission has the same powers and duties as
  134  sponsors pursuant to s. 1002.33 in regard to reviewing and
  135  approving charter schools.
  136         (3) The Department of Education shall contract with a
  137  college or university to provide administrative and technical
  138  assistance to the commission by reviewing and providing an
  139  analysis of charter school applications submitted to the
  140  commission.
  141         (4) The district school board of the school district in
  142  which the proposed charter school will be located shall be the
  143  sponsor of and supervisor for the new charter school and shall
  144  provide an initial proposed charter contract to the charter
  145  school pursuant to s. 1002.33(7)(b) within 30 calendar days
  146  after the commission’s decision granting an application.
  147         (5) Within 3 calendar days after an applicant submits an
  148  application for a charter school to the commission, the
  149  applicant must also provide a copy of the application to the
  150  school district in which the proposed charter school will be
  151  located. Within 30 calendar days after receiving a copy of the
  152  application, the school district may provide input to the
  153  commission on a form prescribed by the department. The
  154  commission must consider such input in reviewing the
  155  application.
  156         (6) The decisions of the commission may be appealed in
  157  accordance with s. 1002.33(6)(c).
  158         (7) The State Board of Education shall adopt rules to
  159  implement this section.
  160         Section 3. Subsection (2), paragraphs (a) and (b) of
  161  subsection (5), paragraph (c) of subsection (7), paragraph (a)
  162  of subsection (8), paragraph (p) of subsection (9), paragraphs
  163  (a), (c), and (f) of subsection (18), and paragraph (a) of
  164  subsection (20) of section 1002.33, Florida Statutes, are
  165  amended to read:
  166         1002.33 Charter schools.—
  168         (a) Charter schools in Florida shall be guided by the
  169  following principles:
  170         1. Meet high standards of student achievement while
  171  providing parents flexibility to choose among diverse
  172  educational opportunities within this the state’s public school
  173  system.
  174         2. Promote enhanced academic success and financial
  175  efficiency by aligning responsibility with accountability.
  176         3. Provide parents with sufficient information on whether
  177  their child is reading at grade level and whether the child
  178  gains at least a year’s worth of learning for every year spent
  179  in the charter school.
  180         (b) Charter schools shall fulfill the following purposes:
  181         1. Improve student learning and academic achievement.
  182         2. Increase learning opportunities for all students, with
  183  special emphasis on low-performing students and reading.
  184         3. Encourage the use of innovative learning methods.
  185         4. Require the measurement of learning outcomes.
  186         (c) Charter schools may fulfill the following purposes:
  187         1. Create innovative measurement tools.
  188         2. Provide rigorous competition within the public school
  189  system to stimulate continual improvement in all public schools.
  190         3. Expand the capacity of the public school system.
  191         4. Mitigate the educational impact created by the
  192  development of new residential dwelling units.
  193         5. Create new professional opportunities for teachers,
  194  including ownership of the learning program at the school site.
  195         (d) It is the intent of the Legislature that charter school
  196  students be considered as important as all other students in
  197  this state and, to that end, comparable funding levels from
  198  existing and future sources should be maintained for charter
  199  school students.
  200         (5) SPONSOR; DUTIES.—
  201         (a) Sponsoring entities.—
  202         1. A district school board may sponsor a charter school in
  203  the county over which the district school board has
  204  jurisdiction.
  205         2. A state university may grant a charter to a lab school
  206  created under s. 1002.32 and shall be considered to be the
  207  school’s sponsor. Such school shall be considered a charter lab
  208  school.
  209         3. Because needs relating to educational capacity,
  210  workforce qualifications, and career education opportunities are
  211  constantly changing and extend beyond school district
  212  boundaries:
  213         a. A state university may, upon approval by the Department
  214  of Education, solicit applications and sponsor a charter school
  215  to meet regional education or workforce demands by serving
  216  students from multiple school districts.
  217         b. A Florida College System institution may, upon approval
  218  by the Department of Education, solicit applications and sponsor
  219  a charter school in any county within its service area to meet
  220  workforce demands and may offer postsecondary programs leading
  221  to industry certifications to eligible charter school students.
  222  A charter school established under subparagraph (b)4. may not be
  223  sponsored by a Florida College System institution until its
  224  existing charter with the school district expires as provided
  225  under subsection (7).
  226         c. Notwithstanding paragraph (6)(b), a state university or
  227  Florida College System institution may, at its discretion, deny
  228  an application for a charter school.
  229         d. The Charter School Review Commission, as authorized
  230  under s. 1002.3301, may solicit and review applications for
  231  charter schools overseen by district school boards and, upon the
  232  commission approving an application, the district school board
  233  that oversees the school district in which the charter school
  234  will be located shall serve as sponsor.
  235         (b) Sponsor duties.—
  236         1.a. The sponsor shall monitor and review the charter
  237  school in its progress toward the goals established in the
  238  charter.
  239         b. The sponsor shall monitor the revenues and expenditures
  240  of the charter school and perform the duties provided in s.
  241  1002.345.
  242         c. The sponsor may approve a charter for a charter school
  243  before the applicant has identified space, equipment, or
  244  personnel, if the applicant indicates approval is necessary for
  245  it to raise working funds.
  246         d. The sponsor may shall not apply its policies to a
  247  charter school unless mutually agreed to by both the sponsor and
  248  the charter school. If the sponsor subsequently amends any
  249  agreed-upon sponsor policy, the version of the policy in effect
  250  at the time of the execution of the charter, or any subsequent
  251  modification thereof, shall remain in effect and the sponsor may
  252  not hold the charter school responsible for any provision of a
  253  newly revised policy until the revised policy is mutually agreed
  254  upon.
  255         e. The sponsor shall ensure that the charter is innovative
  256  and consistent with the state education goals established by s.
  257  1000.03(5).
  258         f. The sponsor shall ensure that the charter school
  259  participates in the state’s education accountability system. If
  260  a charter school falls short of performance measures included in
  261  the approved charter, the sponsor shall report such shortcomings
  262  to the Department of Education.
  263         g. The sponsor is shall not be liable for civil damages
  264  under state law for personal injury, property damage, or death
  265  resulting from an act or omission of an officer, employee,
  266  agent, or governing body of the charter school.
  267         h. The sponsor is shall not be liable for civil damages
  268  under state law for any employment actions taken by an officer,
  269  employee, agent, or governing body of the charter school.
  270         i. The sponsor’s duties to monitor the charter school do
  271  shall not constitute the basis for a private cause of action.
  272         j. The sponsor may shall not impose additional reporting
  273  requirements on a charter school as long as the charter school
  274  has not been identified as having a deteriorating financial
  275  condition or financial emergency pursuant to s. 1002.345 without
  276  providing reasonable and specific justification in writing to
  277  the charter school.
  278         k. The sponsor shall submit an annual report to the
  279  Department of Education in a web-based format to be determined
  280  by the department.
  281         (I) The report shall include the following information:
  282         (A) The number of applications received during the school
  283  year and up to August 1 and each applicant’s contact
  284  information.
  285         (B) The date each application was approved, denied, or
  286  withdrawn.
  287         (C) The date each final contract was executed.
  288         (II) Annually, by November 1, the sponsor shall submit to
  289  the department the information for the applications submitted
  290  the previous year.
  291         (III) The department shall compile an annual report, by
  292  sponsor, and post the report on its website by January 15 of
  293  each year.
  294         2. Immunity for the sponsor of a charter school under
  295  subparagraph 1. applies only with respect to acts or omissions
  296  not under the sponsor’s direct authority as described in this
  297  section.
  298         3. This paragraph does not waive a sponsor’s sovereign
  299  immunity.
  300         4. A Florida College System institution may work with the
  301  school district or school districts in its designated service
  302  area to develop charter schools that offer secondary education.
  303  These charter schools must include an option for students to
  304  receive an associate degree upon high school graduation. If a
  305  Florida College System institution operates an approved teacher
  306  preparation program under s. 1004.04 or s. 1004.85, the
  307  institution may operate charter schools that serve students in
  308  kindergarten through grade 12 in any school district within the
  309  service area of the institution. District school boards shall
  310  cooperate with and assist the Florida College System institution
  311  on the charter application. Florida College System institution
  312  applications for charter schools are not subject to the time
  313  deadlines outlined in subsection (6) and may be approved by the
  314  district school board at any time during the year. Florida
  315  College System institutions may not report FTE for any students
  316  participating under this subparagraph who receive FTE funding
  317  through the Florida Education Finance Program.
  318         5. For purposes of assisting the development of a charter
  319  school, a school district may enter into nonexclusive interlocal
  320  agreements with federal and state agencies, counties,
  321  municipalities, and other governmental entities that operate
  322  within the geographical borders of the school district to act on
  323  behalf of such governmental entities in the inspection,
  324  issuance, and other necessary activities for all necessary
  325  permits, licenses, and other permissions that a charter school
  326  needs in order for development, construction, or operation. A
  327  charter school may use, but may not be required to use, a school
  328  district for these services. The interlocal agreement must
  329  include, but need not be limited to, the identification of fees
  330  that charter schools will be charged for such services. The fees
  331  must consist of the governmental entity’s fees plus a fee for
  332  the school district to recover no more than actual costs for
  333  providing such services. These services and fees are not
  334  included within the services to be provided pursuant to
  335  subsection (20). Notwithstanding any other provision of law, an
  336  interlocal agreement or ordinance that imposes a greater
  337  regulatory burden on charter schools than school districts or
  338  that between a school district and a federal or state agency,
  339  county, municipality, or other governmental entity which
  340  prohibits or limits the creation of a charter school within the
  341  geographic borders of the school district is void and
  342  unenforceable. An interlocal agreement entered into by a school
  343  district for the development of only its own schools, including
  344  provisions relating to the extension of infrastructure, may be
  345  used by charter schools.
  346         6. The board of trustees of a sponsoring state university
  347  or Florida College System institution under paragraph (a) is the
  348  local educational agency for all charter schools it sponsors for
  349  purposes of receiving federal funds and accepts full
  350  responsibility for all local educational agency requirements and
  351  the schools for which it will perform local educational agency
  352  responsibilities. A student enrolled in a charter school that is
  353  sponsored by a state university or Florida College System
  354  institution may not be included in the calculation of the school
  355  district’s grade under s. 1008.34(5) for the school district in
  356  which he or she resides.
  357         (7) CHARTER.—The terms and conditions for the operation of
  358  a charter school shall be set forth by the sponsor and the
  359  applicant in a written contractual agreement, called a charter.
  360  The sponsor and the governing board of the charter school shall
  361  use the standard charter contract pursuant to subsection (21),
  362  which shall incorporate the approved application and any addenda
  363  approved with the application. Any term or condition of a
  364  proposed charter contract that differs from the standard charter
  365  contract adopted by rule of the State Board of Education shall
  366  be presumed a limitation on charter school flexibility. The
  367  sponsor may not impose unreasonable rules or regulations that
  368  violate the intent of giving charter schools greater flexibility
  369  to meet educational goals. The charter shall be signed by the
  370  governing board of the charter school and the sponsor, following
  371  a public hearing to ensure community input.
  372         (c)1. A charter may be renewed provided that a program
  373  review demonstrates that the criteria in paragraph (a) have been
  374  successfully accomplished and that none of the grounds for
  375  nonrenewal established by paragraph (8)(a) have has been
  376  expressly found. The charter of a charter school that meets
  377  these requirements and has received a school grade lower than a
  378  “B” pursuant to s. 1008.34 in the most recently graded school
  379  year must be renewed for no less than a 5-year term except as
  380  provided in paragraph (9)(n) documented. In order to facilitate
  381  long-term financing for charter school construction, charter
  382  schools operating for a minimum of 3 years and demonstrating
  383  exemplary academic programming and fiscal management are
  384  eligible for a 15-year charter renewal. Such long-term charter
  385  is subject to annual review and may be terminated during the
  386  term of the charter.
  387         2. The 15-year charter renewal that may be granted pursuant
  388  to subparagraph 1. must shall be granted to a charter school
  389  that has received a school grade of “A” or “B” pursuant to s.
  390  1008.34 in the most recently graded school year 3 of the past 4
  391  years and that is not in a state of financial emergency or
  392  deficit position as defined by this section. Such long-term
  393  charter is subject to annual review and may be terminated during
  394  the term of the charter pursuant to subsection (8).
  396         (a) The sponsor shall make student academic achievement for
  397  all students the most important factor when determining whether
  398  to renew or terminate the charter. The sponsor may also choose
  399  not to renew or may terminate the charter only if the sponsor
  400  expressly finds that one of the grounds set forth below exists
  401  by clear and convincing evidence:
  402         1. Failure to participate in the state’s education
  403  accountability system created in s. 1008.31, as required in this
  404  section, or failure to meet the requirements for student
  405  performance stated in the charter.
  406         2. Failure to meet generally accepted standards of fiscal
  407  management due to deteriorating financial conditions or
  408  financial emergencies determined pursuant to s. 1002.345.
  409         3. Material violation of law.
  410         4. Other good cause shown.
  412         (p)1. Each charter school shall maintain a website that
  413  enables the public to obtain information regarding the school;
  414  the school’s academic performance; the names of the governing
  415  board members; the programs at the school; any management
  416  companies, service providers, or education management
  417  corporations associated with the school; the school’s annual
  418  budget and its annual independent fiscal audit; the school’s
  419  grade pursuant to s. 1008.34; and, on a quarterly basis, the
  420  minutes of governing board meetings.
  421         2. Each charter school’s governing board must appoint a
  422  representative to facilitate parental involvement, provide
  423  access to information, assist parents and others with questions
  424  and concerns, and resolve disputes. The representative must
  425  reside in the school district in which the charter school is
  426  located and may be a governing board member, a charter school
  427  employee, or an individual contracted to represent the governing
  428  board. If the governing board oversees multiple charter schools
  429  in the same school district, the governing board must appoint a
  430  separate representative for each charter school in the district.
  431  The representative’s contact information must be provided
  432  annually in writing to parents and posted prominently on the
  433  charter school’s website. The sponsor may not require governing
  434  board members to reside in the school district in which the
  435  charter school is located if the charter school complies with
  436  this subparagraph.
  437         3. Each charter school’s governing board must hold at least
  438  two public meetings per school year in the school district where
  439  the charter school is located. The meetings must be noticed,
  440  open, and accessible to the public, and attendees must be
  441  provided an opportunity to receive information and provide input
  442  regarding the charter school’s operations. The appointed
  443  representative and charter school principal or director, or his
  444  or her designee, must be physically present at each meeting.
  445  Members of the governing board or any member of a committee
  446  formed or designated by the governing board may attend in person
  447  or by means of communications media technology used in
  448  accordance with rules adopted by the Administration Commission
  449  under s. 120.54(5).
  450         (18) FACILITIES.—
  451         (a) A startup charter school shall utilize facilities which
  452  comply with the Florida Building Code pursuant to chapter 553
  453  except for the State Requirements for Educational Facilities.
  454  Conversion charter schools shall utilize facilities that comply
  455  with the State Requirements for Educational Facilities provided
  456  that the school district and the charter school have entered
  457  into a mutual management plan for the reasonable maintenance of
  458  such facilities. The mutual management plan shall contain a
  459  provision by which the district school board agrees to maintain
  460  charter school facilities in the same manner as its other public
  461  schools within the district. Charter schools, with the exception
  462  of conversion charter schools, are not required to comply, but
  463  may choose to comply, with the State Requirements for
  464  Educational Facilities of the Florida Building Code adopted
  465  pursuant to s. 1013.37. The local governing authority shall not
  466  adopt or impose any local building requirements or site
  467  development restrictions, such as parking and site-size
  468  criteria, student enrollment, and occupant load, that are
  469  addressed by and more stringent than those found in the State
  470  Requirements for Educational Facilities of the Florida Building
  471  Code. A local governing authority must treat charter schools
  472  equitably in comparison to similar requirements, restrictions,
  473  and site planning processes imposed upon public schools that are
  474  not charter schools, including such provisions that are
  475  established by interlocal agreement. An interlocal agreement
  476  entered into by a school district for the development of only
  477  its own schools, including provisions relating to the extension
  478  of infrastructure, may be used by charter schools. A charter
  479  school may not be subject to any land use regulation requiring a
  480  change to a local government comprehensive plan or requiring a
  481  development order or development permit, as those terms are
  482  defined in s. 163.3164, that would not be required for a public
  483  school in the same location. The agency having jurisdiction for
  484  inspection of a facility and issuance of a certificate of
  485  occupancy or use shall be the local municipality or, if in an
  486  unincorporated area, the county governing authority. If an
  487  official or employee of the local governing authority refuses to
  488  comply with this paragraph, the aggrieved school or entity has
  489  an immediate right to bring an action in circuit court to
  490  enforce its rights by injunction. An aggrieved party that
  491  receives injunctive relief may be awarded attorney fees and
  492  court costs.
  493         (c) Any facility, or portion thereof, used to house a
  494  charter school whose charter has been approved by the sponsor
  495  and the governing board, pursuant to subsection (7), is shall be
  496  exempt from ad valorem taxes pursuant to s. 196.1983. Any
  497  library, community service, museum, performing arts, theatre,
  498  cinema, or church facility; any facility or land owned by a,
  499  Florida College System institution or, college, and university;
  500  any similar public institutional facilities; and any facility
  501  recently used to house a school or child care facility licensed
  502  under s. 402.305 may provide space to charter schools within
  503  their facilities under their preexisting zoning and land use
  504  designations without obtaining a special exception, rezoning, or
  505  a land use change.
  506         (f) To the extent that charter school facilities are
  507  specifically created to mitigate the educational impact created
  508  by the development of new residential dwelling units, pursuant
  509  to subparagraph (2)(c)4., a proportionate share of costs per
  510  student station some of or all of the educational impact fees
  511  required to be paid in connection with the new residential
  512  dwelling units must may be designated instead for the
  513  construction of the charter school facilities that will mitigate
  514  the student station impact, including charter school facilities
  515  described in subparagraph (10)(e)7. Such facilities shall be
  516  built to the State Requirements for Educational Facilities and
  517  shall be owned by a public or nonprofit entity. The local school
  518  district retains the right to monitor and inspect such
  519  facilities to ensure compliance with the State Requirements for
  520  Educational Facilities. If a facility ceases to be used for
  521  public educational purposes, either the facility shall revert to
  522  the school district subject to any debt owed on the facility, or
  523  the owner of the facility shall have the option to refund all
  524  educational impact fees utilized for the facility to the school
  525  district. The district and the owner of the facility may
  526  contractually agree to another arrangement for the facilities if
  527  the facilities cease to be used for educational purposes. The
  528  owner of property planned or approved for new residential
  529  dwelling units and the entity levying educational impact fees
  530  shall enter into an agreement that designates the educational
  531  impact fees that will be allocated for the charter school
  532  student stations and that ensures the timely construction of the
  533  charter school student stations concurrent with the expected
  534  occupancy of the residential units. The application for use of
  535  educational impact fees shall include an approved charter school
  536  application. To assist the school district in forecasting
  537  student station needs, the entity levying the impact fees shall
  538  notify the affected district of any agreements it has approved
  539  for the purpose of mitigating student station impact from the
  540  new residential dwelling units. Any entity contributing toward
  541  the construction of such facilities shall receive a credit
  542  toward any impact fees or exactions imposed for public
  543  educational facilities to the extent that the entity has not
  544  received a credit for such contribution pursuant to s.
  545  163.3180(6)(h)2.
  546         (20) SERVICES.—
  547         (a)1. A sponsor shall provide certain administrative and
  548  educational services to charter schools. These services shall
  549  include contract management services; full-time equivalent and
  550  data reporting services; exceptional student education
  551  administration services; services related to eligibility and
  552  reporting duties required to ensure that school lunch services
  553  under the National School Lunch Program, consistent with the
  554  needs of the charter school, are provided by the sponsor at the
  555  request of the charter school, that any funds due to the charter
  556  school under the National School Lunch Program be paid to the
  557  charter school as soon as the charter school begins serving food
  558  under the National School Lunch Program, and that the charter
  559  school is paid at the same time and in the same manner under the
  560  National School Lunch Program as other public schools serviced
  561  by the sponsor or the school district; test administration
  562  services, including payment of the costs of state-required or
  563  district-required student assessments; processing of teacher
  564  certificate data services; and information services, including
  565  equal access to the sponsor’s student information systems that
  566  are used by public schools in the district in which the charter
  567  school is located or by schools in the sponsor’s portfolio of
  568  charter schools if the sponsor is not a school district. Student
  569  performance data for each student in a charter school,
  570  including, but not limited to, FCAT scores, standardized test
  571  scores, previous public school student report cards, and student
  572  performance measures, shall be provided by the sponsor to a
  573  charter school in the same manner provided to other public
  574  schools in the district or by schools in the sponsor’s portfolio
  575  of charter schools if the sponsor is not a school district.
  576         2. A sponsor may withhold an administrative fee for the
  577  provision of such services which shall be a percentage of the
  578  available funds defined in paragraph (17)(b) calculated based on
  579  weighted full-time equivalent students. If the charter school
  580  serves 75 percent or more exceptional education students as
  581  defined in s. 1003.01(3), the percentage shall be calculated
  582  based on unweighted full-time equivalent students. The
  583  administrative fee shall be calculated as follows:
  584         a. Up to 5 percent for:
  585         (I) Enrollment of up to and including 250 students in a
  586  charter school as defined in this section.
  587         (II) Enrollment of up to and including 500 students within
  588  a charter school system which meets all of the following:
  589         (A) Includes conversion charter schools and nonconversion
  590  charter schools.
  591         (B) Has all of its schools located in the same county.
  592         (C) Has a total enrollment exceeding the total enrollment
  593  of at least one school district in this state.
  594         (D) Has the same governing board for all of its schools.
  595         (E) Does not contract with a for-profit service provider
  596  for management of school operations.
  597         (III) Enrollment of up to and including 250 students in a
  598  virtual charter school.
  599         b. Up to 2 percent for enrollment of up to and including
  600  250 students in a high-performing charter school as defined in
  601  s. 1002.331.
  602         c. Up to 2 percent for enrollment of up to and including
  603  250 students in an exceptional student education center that
  604  meets the requirements of the rules adopted by the State Board
  605  of Education pursuant to s. 1008.3415(3).
  606         3. A sponsor may not charge charter schools any additional
  607  fees or surcharges for administrative and educational services
  608  in addition to the maximum percentage of administrative fees
  609  withheld pursuant to this paragraph. A sponsor may not charge or
  610  withhold any administrative fee against a charter school for any
  611  funds specifically allocated by the Legislature for teacher
  612  compensation.
  613         4. A sponsor shall provide to the department by September
  614  15 of each year the total amount of funding withheld from
  615  charter schools pursuant to this subsection for the prior fiscal
  616  year. The department must include the information in the report
  617  required under sub-sub-subparagraph (5)(b)1.k.(III).
  618         Section 4. Section 1004.88, Florida Statutes, is created to
  619  read:
  620         1004.88 Florida Institute for Charter School Innovation.—
  621         (1) The Florida Institute for Charter School Innovation is
  622  established at Miami Dade College, subject to appropriation, for
  623  the purpose of improving charter school authorizing practices in
  624  this state.
  625         (2) The institute shall do all of the following:
  626         (a) Analyze charter school applications, identify best
  627  practices, and create a state resource for developing and
  628  reviewing charter school applications.
  629         (b) Provide charter school sponsors with training,
  630  technical assistance, and support in reviewing initial and
  631  renewal charter applications.
  632         (c) Conduct applied research on policy and practices
  633  related to charter schools.
  634         (d) Conduct or compile basic research on the status of
  635  educational choice, charter authorizing, and charter school
  636  performance in this state, and other topics related to charter
  637  schools.
  638         (e) Collaborate with the Department of Education in
  639  developing the sponsor evaluation framework under s.
  640  1002.33(5)(c).
  641         (f) Disseminate information regarding research-based
  642  charter school teaching practices to teacher educators in this
  643  state.
  644         (g) Host research workshops and conferences that allow
  645  charter school sponsors, charter school operators, students, and
  646  parents to engage in topics related to charter schools.
  647         (3) The institute may apply for and receive federal, state,
  648  or local agency grants for the purposes of this section.
  649         (4) The District Board of Trustees of Miami Dade College
  650  shall establish policies for the supervision, administration,
  651  and governance of the institute.
  652         Section 5. (1) The Office of Program Policy Analysis and
  653  Government Accountability shall conduct an analysis of the
  654  current methodologies for the distribution of capital outlay
  655  funds and federal funds through Titles I, II, III, and IV of the
  656  Elementary and Secondary Education Act, as amended, and the
  657  Individuals with Disabilities Education Act, as amended, to
  658  charter schools. Based on its analysis, the office shall
  659  recommend any changes to provide an equitable allocation of
  660  capital outlay funds and specified federal funds to all public
  661  schools.
  662         (2) The analysis of capital outlay funds must include, at a
  663  minimum:
  664         (a) An analysis of the calculation methodology for the
  665  allocation of state funds appropriated in the General
  666  Appropriations Act under s. 1013.62(2), Florida Statutes.
  667         (b) An analysis of the calculation methodology to determine
  668  the amount of revenue that a school district must distribute to
  669  a charter school under s. 1013.62(3), Florida Statutes.
  670         (c) For the most recent 3 years, a comparison of the
  671  charter school capital outlay amounts between the allocation of
  672  state funds and revenue that would result from the discretionary
  673  millage authorized under s. 1011.71(2), Florida Statutes.
  674         (d) Other state policies and methodologies for the
  675  distribution of charter school capital outlay funds.
  676         (3) The office shall submit a report of its findings and
  677  recommendations to the Governor, the President of the Senate,
  678  and the Speaker of the House of Representatives by January 1,
  679  2023.
  680         Section 6. Paragraphs (a) and (c) of subsection (16) of
  681  section 1011.62, Florida Statutes, are amended to read:
  682         1011.62 Funds for operation of schools.—If the annual
  683  allocation from the Florida Education Finance Program to each
  684  district for operation of schools is not determined in the
  685  annual appropriations act or the substantive bill implementing
  686  the annual appropriations act, it shall be determined as
  687  follows:
  688         (16) TEACHER SALARY INCREASE ALLOCATION.—The Legislature
  689  may annually provide in the Florida Education Finance Program a
  690  teacher salary increase allocation to assist school districts in
  691  their recruitment and retention of classroom teachers and other
  692  instructional personnel. The amount of the allocation shall be
  693  specified in the General Appropriations Act.
  694         (a) Each school district shall receive an allocation based
  695  on the school district’s proportionate share of the base FEFP
  696  allocation. Each school district shall provide each charter
  697  school within its district its proportionate share calculated
  698  pursuant to s. 1002.33(17)(b). If a district school board has
  699  not received its allocation due to its failure to submit an
  700  approved district salary distribution plan, the district school
  701  board must still provide each charter school that has submitted
  702  a salary distribution plan within its district its proportionate
  703  share of the allocation.
  704         (c) Before distributing allocation funds received pursuant
  705  to paragraph (a), each school district and each charter school
  706  shall develop a salary distribution plan that clearly delineates
  707  the planned distribution of funds pursuant to paragraph (b) in
  708  accordance with modified salary schedules, as necessary, for the
  709  implementation of this subsection.
  710         1. Each school district superintendent and each charter
  711  school administrator must submit its proposed salary
  712  distribution plan to the district school board or the charter
  713  school governing body, as appropriate, for approval.
  714         2. Each school district shall submit the approved district
  715  salary distribution plan and, along with the approved salary
  716  distribution plan for each charter school in the district, to
  717  the department by October 1 of each fiscal year.
  718         Section 7. This act shall take effect July 1, 2022.