Senate Bill 1182

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    Florida Senate - 1998                                  SB 1182

    By Senators Latvala and Scott





    19-1038-98

  1                      A bill to be entitled

  2         An act relating to charter schools; creating s.

  3         228.0561, F.S.; providing for the distribution

  4         of funds from the Charter Schools Capital

  5         Outlay Trust Fund; providing eligibility

  6         requirements; providing duties of the

  7         Commissioner of Education; authorizing the use

  8         of funds for certain capital outlay purposes of

  9         charter schools; requiring a legislative budget

10         request for appropriations from the Charter

11         Schools Capital Outlay Trust Fund; amending ss.

12         235.2155, 235.216, F.S., relating to the School

13         Infrastructure Thrift Program Act; deleting

14         authorization for awards related to the

15         operation of charter schools; providing a

16         contingent effective date.

17

18  Be It Enacted by the Legislature of the State of Florida:

19

20         Section 1.  Section 228.0561, Florida Statutes, is

21  created to read:

22         228.0561  Charter Schools Capital Outlay Funding.--

23         (1)  In each year in which funds are appropriated from

24  the Charter Schools Capital Outlay Trust Fund, the

25  Commissioner of Education shall allocate the funds among

26  eligible charter schools.  To be eligible for a funding

27  allocation, a charter school must be approved pursuant to s.

28  228.056 for operation during that fiscal year and must serve

29  students in facilities that are not provided by the charter

30  school's sponsor.  A charter school is not eligible for a

31  funding allocation if it was created by the conversion of a

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    Florida Senate - 1998                                  SB 1182
    19-1038-98




  1  public school and operates in facilities provided by the

  2  charter school's sponsor for a nominal fee or at no charge.

  3  Unless otherwise provided in the General Appropriations Act,

  4  the funding allocation for each eligible charter school shall

  5  be determined by multiplying the school's projected student

  6  enrollment by one-thirtieth of the cost-per-student station

  7  specified in s. 235.435(6)(b) for an elementary, middle, or

  8  high school, as appropriate.  If the funds appropriated are

  9  not sufficient, the commissioner shall prorate the available

10  funds among eligible charter schools.  In the first quarter of

11  the fiscal year, funds shall be distributed on the basis of

12  projected enrollment as provided in this section.  The

13  commissioner shall adjust subsequent distributions as

14  necessary to reflect each charter school's actual student

15  enrollment.  The commissioner shall establish the intervals

16  and procedures for determining the projected and actual

17  student enrollment of eligible charter schools.

18         (2)  A charter school's governing body may use funds

19  from the Charter Schools Capital Outlay Trust Fund for any

20  capital outlay purpose that is directly related to the

21  functioning of the charter school, including the:

22         (a)  Purchase of real property.

23         (b)  Construction, renovation, repair, and maintenance

24  of school facilities.

25         (c)  Purchase, lease-purchase, or lease of permanent or

26  relocatable school facilities.

27         (d)  Purchase of vehicles to transport students to and

28  from the charter school.

29         (3)  The Commissioner of Education shall specify

30  procedures for submitting and approving requests for funding

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    Florida Senate - 1998                                  SB 1182
    19-1038-98




  1  under this section and procedures for documenting

  2  expenditures.

  3         (4)  The annual legislative budget request of the

  4  Department of Education shall include a request for funding

  5  from the Charter Schools Capital Outlay Trust Fund.  The

  6  request shall be based on the projected number of students to

  7  be served in charter schools that meet the eligibility

  8  requirements of this section.

  9         Section 2.  Subsection (3) of section 235.2155, Florida

10  Statutes, as amended by chapter 97-384, Laws of Florida, is

11  amended to read:

12         235.2155  School Infrastructure Thrift Program Act.--

13         (3)  The SIT Program is designed as:

14         (a)  An incentive program to reward districts for:

15         1.  savings realized through functional, frugal

16  construction.

17         2.  Savings realized through the operation of charter

18  schools in non-school-district facilities.

19         (b)  A recognition program to provide an annual SMART

20  school of the year recognition award to the district that

21  builds the highest quality functional, frugal school.

22         Section 3.  Subsection (2) of section 235.216, Florida

23  Statutes, as amended by chapter 97-384, Laws of Florida, is

24  amended to read:

25         235.216  SIT Program award eligibility; maximum cost

26  per student station of educational facilities; frugality

27  incentives; recognition awards.--

28         (2)  Beginning with the 1997-1998 fiscal year, a school

29  district may seek an award from the SIT Program, pursuant to

30  s. 235.2155, based on the district's:

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    Florida Senate - 1998                                  SB 1182
    19-1038-98




  1         (a)  new construction of educational facilities if the

  2  cost per student station is less than:

  3         (a)1.  $11,600 for an elementary school,

  4         (b)2.  $13,300 for a middle school, or

  5         (c)3.  $17,600 for a high school,

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  7  (1997) as adjusted annually by the Consumer Price Index. The

  8  award shall be up to 50 percent of such savings, as

  9  recommended by the SMART Schools Clearinghouse.

10         (b)  Operation of charter schools in

11  non-school-district facilities. SIT Program awards pursuant to

12  this paragraph shall be as recommended by the SMART Schools

13  Clearinghouse. After the initial award, the recommendation

14  must be based on savings realized from proportionate district

15  increase in such charter school enrollment in excess of

16  original enrollment, and the award shall be up to 50 percent

17  of such savings.

18         Section 4.  This act shall take effect July 1, 1998,

19  but it shall not take effect unless Senate Bill     or similar

20  legislation creating a Charter Schools Capital Outlay Trust

21  Fund is adopted in the same legislative session or an

22  extension thereof.

23

24            *****************************************

25                          SENATE SUMMARY

26    Provides for the distribution of moneys from the Charter
      Schools Capital Outlay Trust Fund to qualifying charter
27    schools, contingent upon the creation of that fund.
      Prescribes duties of the Commissioner of Education with
28    respect to determining eligibility for and distribution
      of the moneys.  Prescribes uses to which the moneys may
29    be put.  Deletes provisions relating to monetary
      distributions for charter schools under the School
30    Infrastructure Thrift Program.

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