Florida Senate - 2024                                     SB 748
       
       
        
       By Senator Davis
       
       
       
       
       
       5-01345-24                                             2024748__
    1                        A bill to be entitled                      
    2         An act relating to charter school capital outlay
    3         funding; amending s. 1013.62, F.S.; requiring a
    4         charter school to provide certain information to its
    5         sponsor to be eligible to receive capital outlay
    6         funds; providing that a charter school is ineligible
    7         for such funds if it fails to provide such
    8         information; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (1) of section 1013.62, Florida
   13  Statutes, is amended to read:
   14         1013.62 Charter schools capital outlay funding.—
   15         (1) Charter school capital outlay funding shall consist of
   16  state funds when such funds are appropriated in the General
   17  Appropriations Act and revenue resulting from the discretionary
   18  millage authorized in s. 1011.71(2).
   19         (a) To be eligible to receive capital outlay funds, a
   20  charter school must:
   21         1.a. Have been in operation for 2 or more years;
   22         b. Be governed by a governing board established in the
   23  state for 2 or more years which operates both charter schools
   24  and conversion charter schools within the state;
   25         c. Be an expanded feeder chain of a charter school within
   26  the same school district that is currently receiving charter
   27  school capital outlay funds;
   28         d. Have been accredited by a regional accrediting
   29  association as defined by State Board of Education rule;
   30         e. Serve students in facilities that are provided by a
   31  business partner for a charter school-in-the-workplace pursuant
   32  to s. 1002.33(15)(b); or
   33         f. Be operated by a hope operator pursuant to s. 1002.333.
   34         2. Have an annual audit that does not reveal any of the
   35  financial emergency conditions provided in s. 218.503(1) for the
   36  most recent fiscal year for which such audit results are
   37  available.
   38         3. Have not earned two consecutive grades of “F,” three
   39  consecutive grades below a “C,” or two consecutive school
   40  improvement ratings of “Unsatisfactory.”
   41         4. Have received final approval from its sponsor pursuant
   42  to s. 1002.33 for operation during that fiscal year.
   43         5. Serve students in facilities that are not provided by
   44  the charter school’s sponsor.
   45         6. Attest in writing to the department that if the charter
   46  school is nonrenewed or terminated, any unencumbered funds and
   47  all equipment and property purchased with public funds shall
   48  revert pursuant to subsection (5).
   49         7. Provide relevant leases and written documentation to its
   50  sponsor to provide verification that capital outlay funding will
   51  be used pursuant to subsection (4).
   52         (b) A charter school is not eligible to receive capital
   53  outlay funds if:
   54         1. It was created by the conversion of a public school and
   55  operates in facilities provided by the charter school’s sponsor
   56  for a nominal fee, or at no charge, or if it is directly or
   57  indirectly operated by the school district;
   58         2. It is a developmental research (laboratory) school that
   59  receives state funding for capital improvement purposes pursuant
   60  to s. 1002.32(9)(e); or
   61         3. A member of the governing board, or his or her family
   62  member as defined in s. 440.13(1)(b), has an interest in or is
   63  an employee of the lessor, excluding charter schools operating
   64  pursuant to s. 1002.33(15); or
   65         4. The charter school fails to provide its sponsor with the
   66  relevant leases and documentation required under subparagraph
   67  (a)7.
   68         Section 2. This act shall take effect July 1, 2024.