Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 1702
       
       
       
       
       
       
                                Ì313094(Î313094                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/31/2025           .                                
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       The Committee on Education Pre-K - 12 (Burgess) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (c) is added to subsection (19) of
    6  section 1002.42, Florida Statutes, to read:
    7         1002.42 Private schools.—
    8         (19) FACILITIES.—
    9         (c) A private school located in a county with four
   10  incorporated municipalities may construct new facilities, which
   11  may be temporary or permanent, on property purchased from or
   12  owned or leased by a library, community service organization,
   13  museum, performing arts venue, theater, cinema, or church under
   14  s. 170.201, which is or was actively used as such within 5 years
   15  of any executed agreement with a private school; any land owned
   16  by a Florida College System institution or university; and any
   17  land recently used to house a school or child care facility
   18  licensed under s. 402.305, under its preexisting zoning and land
   19  use designations without rezoning or obtaining a special
   20  exception or a land use change, and without complying with any
   21  mitigation requirements or conditions. Any new facility must be
   22  located on property used solely for purposes described in this
   23  paragraph, and must meet applicable state and local health,
   24  safety, and welfare laws, codes, and rules, including firesafety
   25  and building safety.
   26         Section 2. Paragraph (b) of subsection (5) of section
   27  1002.33, Florida Statutes, is amended to read:
   28         1002.33 Charter schools.—
   29         (5) SPONSOR; DUTIES.—
   30         (b) Sponsor duties.—
   31         1.a. The sponsor shall monitor and review the charter
   32  school, using the standard monitoring tool, in its progress
   33  toward the goals established in the charter.
   34         b. The sponsor shall monitor the revenues and expenditures
   35  of the charter school and perform the duties provided in s.
   36  1002.345.
   37         c. The sponsor may approve a charter for a charter school
   38  before the applicant has identified space, equipment, or
   39  personnel, if the applicant indicates approval is necessary for
   40  it to raise working funds.
   41         d. The sponsor may not apply its policies to a charter
   42  school unless mutually agreed to by both the sponsor and the
   43  charter school. If the sponsor subsequently amends any agreed
   44  upon sponsor policy, the version of the policy in effect at the
   45  time of the execution of the charter, or any subsequent
   46  modification thereof, shall remain in effect and the sponsor may
   47  not hold the charter school responsible for any provision of a
   48  newly revised policy until the revised policy is mutually agreed
   49  upon.
   50         e. The sponsor shall ensure that the charter is innovative
   51  and consistent with the state education goals established by s.
   52  1000.03(5).
   53         f. The sponsor shall ensure that the charter school
   54  participates in the state’s education accountability system. If
   55  a charter school falls short of performance measures included in
   56  the approved charter, the sponsor shall report such shortcomings
   57  to the Department of Education.
   58         g. The sponsor is not liable for civil damages under state
   59  law for personal injury, property damage, or death resulting
   60  from an act or omission of an officer, employee, agent, or
   61  governing body of the charter school.
   62         h. The sponsor is not liable for civil damages under state
   63  law for any employment actions taken by an officer, employee,
   64  agent, or governing body of the charter school.
   65         i. The sponsor’s duties to monitor the charter school do
   66  not constitute the basis for a private cause of action.
   67         j. The sponsor may not impose additional reporting
   68  requirements on a charter school as long as the charter school
   69  has not been identified as having a deteriorating financial
   70  condition or financial emergency pursuant to s. 1002.345.
   71         k. The sponsor shall submit an annual report to the
   72  Department of Education in a web-based format to be determined
   73  by the department.
   74         (I) The report shall include the following information:
   75         (A) The number of applications received during the school
   76  year and up to August 1 and each applicant’s contact
   77  information.
   78         (B) The date each application was approved, denied, or
   79  withdrawn.
   80         (C) The date each final contract was executed.
   81         (II) Annually, by November 1, the sponsor shall submit to
   82  the department the information for the applications submitted
   83  the previous year.
   84         (III) The department shall compile an annual report, by
   85  sponsor, and post the report on its website by January 15 of
   86  each year.
   87         2. Immunity for the sponsor of a charter school under
   88  subparagraph 1. applies only with respect to acts or omissions
   89  not under the sponsor’s direct authority as described in this
   90  section.
   91         3. This paragraph does not waive a sponsor’s sovereign
   92  immunity.
   93         4. A Florida College System institution may work with the
   94  school district or school districts in its designated service
   95  area to develop charter schools that offer secondary education.
   96  These charter schools must include an option for students to
   97  receive an associate degree upon high school graduation. If a
   98  Florida College System institution operates an approved teacher
   99  preparation program under s. 1004.04 or s. 1004.85, the
  100  institution may operate charter schools that serve students in
  101  kindergarten through grade 12 in any school district within the
  102  service area of the institution. District school boards shall
  103  cooperate with and assist the Florida College System institution
  104  on the charter application. Florida College System institution
  105  applications for charter schools are not subject to the time
  106  deadlines outlined in subsection (6) and may be approved by the
  107  district school board at any time during the year. Florida
  108  College System institutions may not report FTE for any students
  109  participating under this subparagraph who receive FTE funding
  110  through the Florida Education Finance Program.
  111         5. For purposes of assisting the development of a charter
  112  school, a school district may enter into nonexclusive interlocal
  113  agreements with federal and state agencies, counties,
  114  municipalities, and other governmental entities that operate
  115  within the geographical borders of the school district to act on
  116  behalf of such governmental entities in the inspection,
  117  issuance, and other necessary activities for all necessary
  118  permits, licenses, and other permissions that a charter school
  119  needs in order for development, construction, or operation. A
  120  charter school may use, but may not be required to use, a school
  121  district for these services. The interlocal agreement must
  122  include, but need not be limited to, the identification of fees
  123  that charter schools will be charged for such services. The fees
  124  must consist of the governmental entity’s fees plus a fee for
  125  the school district to recover no more than actual costs for
  126  providing such services. These services and fees are not
  127  included within the services to be provided pursuant to
  128  subsection (20). Notwithstanding any other provision of law, an
  129  interlocal agreement or ordinance that imposes a greater
  130  regulatory burden on charter schools than school districts or
  131  that prohibits or limits the creation of a charter school is
  132  void and unenforceable. An interlocal agreement entered into by
  133  a school district for the development of only its own schools,
  134  including provisions relating to the extension of
  135  infrastructure, may be used by charter schools.
  136         6. The board of trustees of a sponsoring state university
  137  or Florida College System institution under paragraph (a) is the
  138  local educational agency for all charter schools it sponsors for
  139  purposes of receiving federal funds and accepts full
  140  responsibility for all local educational agency requirements and
  141  the schools for which it will perform local educational agency
  142  responsibilities. A student enrolled in a charter school that is
  143  sponsored by a state university or Florida College System
  144  institution may not be included in the calculation of the school
  145  district’s grade under s. 1008.34(5) for the school district in
  146  which he or she resides.
  147         Section 3. Subsection (17) of section 1002.84, Florida
  148  Statutes, is amended to read:
  149         1002.84 Early learning coalitions; school readiness powers
  150  and duties.—Each early learning coalition shall:
  151         (17)(a) Distribute the school readiness program funds as
  152  allocated in the General Appropriations Act to each eligible
  153  provider based upon the reimbursement rate by county, by
  154  provider type, and by care level. All instructions to early
  155  learning coalitions for distributing the school readiness
  156  program funds to eligible providers shall emanate from the
  157  department in accordance with the policies of the Legislature.
  158         (b) All provider reimbursement rates shall be charged as
  159  direct services pursuant to s. 1002.89.
  160  
  161  Each early learning coalition and the Redlands Christian Migrant
  162  Association with approved prior year provider reimbursement
  163  rates for the infant to age 5 care levels that are higher than
  164  the provider reimbursement rates established in this subsection
  165  may continue to implement their its approved prior year provider
  166  reimbursement rates until the rates established in this
  167  subsection exceed its prior year rates.
  168         Section 4. Paragraph (f) of subsection (3) of section
  169  1003.4282, Florida Statutes, is amended to read:
  170         1003.4282 Requirements for a standard high school diploma.—
  171         (3) STANDARD HIGH SCHOOL DIPLOMA; COURSE AND ASSESSMENT
  172  REQUIREMENTS.—
  173         (f) One credit in physical education.—Physical education
  174  must include the integration of health. Participation in an
  175  interscholastic sport at the junior varsity or varsity level for
  176  two full seasons shall satisfy the one-credit requirement in
  177  physical education. A district school board may not require that
  178  the one credit in physical education be taken during the 9th
  179  grade year. Completion of 2 years of marching band shall satisfy
  180  the one-credit requirement in physical education or the one
  181  credit requirement in performing arts. This credit may not be
  182  used to satisfy the personal fitness requirement or the
  183  requirement for adaptive physical education under an individual
  184  education plan (IEP) or 504 plan. Completion of one semester
  185  with a grade of “C” or better in a marching band class, in a
  186  physical activity class that requires participation in marching
  187  band activities as an extracurricular activity, or in a dance
  188  class shall satisfy one-half credit in physical education or
  189  one-half credit in performing arts. This credit may not be used
  190  to satisfy the personal fitness requirement or the requirement
  191  for adaptive physical education under an IEP individual
  192  education plan (IEP) or 504 plan. Completion of 2 years in a
  193  Reserve Officer Training Corps (R.O.T.C.) class, a significant
  194  component of which is drills, shall satisfy the one-credit
  195  requirement in physical education and the one-credit requirement
  196  in performing arts. This credit may not be used to satisfy the
  197  personal fitness requirement or the requirement for adaptive
  198  physical education under an IEP or 504 plan.
  199         Section 5. Paragraph (b) of subsection (5) of section
  200  1011.71, Florida Statutes, is amended to read:
  201         1011.71 District school tax.—
  202         (5) A school district may expend, subject to s. 200.065, up
  203  to $200 per unweighted full-time equivalent student from the
  204  revenue generated by the millage levy authorized by subsection
  205  (2) to fund, in addition to expenditures authorized in
  206  paragraphs (2)(a)-(j), expenses for the following:
  207         (b) Payment of the cost of premiums, as defined in s.
  208  627.403, for property and casualty insurance necessary to insure
  209  school district educational and ancillary plants. As used in
  210  this paragraph, casualty insurance has the same meaning as in s.
  211  624.605(1)(b), (d), (f), (g), (h), and (m). Operating revenues
  212  that are made available through the payment of property and
  213  casualty insurance premiums from revenues generated under this
  214  subsection may be expended only for nonrecurring operational
  215  expenditures of the school district.
  216         Section 6. This act shall take effect July 1, 2025.
  217  
  218  ================= T I T L E  A M E N D M E N T ================
  219  And the title is amended as follows:
  220         Delete everything before the enacting clause
  221  and insert:
  222                        A bill to be entitled                      
  223         An act relating to education; amending s. 1002.42,
  224         F.S.; authorizing a private school in a county that
  225         meets certain criteria to construct new facilities on
  226         certain property; specifying that such construction is
  227         not subject to certain zoning or land use conditions;
  228         requiring such construction to meet certain health and
  229         safety requirements; amending s. 1002.33, F.S.;
  230         requiring a charter school sponsor to use a standard
  231         monitoring tool to monitor and review a charter
  232         school; amending s. 1002.84, F.S.; authorizing the
  233         Redlands Christian Migrant Association to use certain
  234         school readiness reimbursement rates; amending s.
  235         1003.4282, F.S.; specifying that certain participation
  236         in marching band satisfies the physical education or
  237         performing arts credit requirement for a standard high
  238         school diploma; amending s. 1011.71, F.S.; authorizing
  239         the use of certain school district tax revenue for
  240         liability insurance; providing an effective date.