HB 0527 2003
1	A bill to be entitled
2	An act relating to educational facilities; amending s.
3	1002.33, F.S.; authorizing application by an educational
4	facilities benefit district or a community development
5	district for conversion of a group of schools to charter
6	schools; amending s. 1013.355, F.S.; expanding the purpose
7	and powers of educational facilities benefit districts;
8	providing that creation of an educational facilities
9	benefit district may be conditioned on the consent of
10	involved parties; amending s. 1013.356, F.S.; expanding
11	the purpose and funding for educational facilities benefit
12	districts and community development districts; authorizing
13	leases for use of land or facilities; providing an
14	effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1. Paragraph (c) is added to subsection (3) of
19	section 1002.33, Florida Statutes, and paragraph (e) of
20	subsection (10) of said section is amended, to read:
21	1002.33 Charter schools.--
22	(3) APPLICATION FOR CHARTER STATUS.--
23	(c) An application for the conversion of a group of public
24	schools to charter schools may be made by an educational
25	facilities benefit district or community development district as
26	provided in s. 1013.355 for schools contained within the
27	boundaries of the educational facilities benefit district or the
28	community development district.
29	(10) ELIGIBLE STUDENTS.--
30	(e) A charter school may limit the enrollment process only
31	to target the following student populations:
32	1. Students within specific age groups or grade levels.
33	2. Students considered at risk of dropping out of school
34	or academic failure. Such students shall include exceptional
35	education students.
36	3. Students enrolling in a charter school-in-the-workplace
37	or charter school-in-a-municipality established pursuant to
38	subsection (16) or in a charter school located within an
39	educational facilities benefit district established pursuant to
40	s. 1013.355.
41	4. Students residing within a reasonable distance of the
42	charter school, as described in paragraph (21)(c). Such students
43	shall be subject to a random lottery and to the racial/ethnic
44	balance provisions described in subparagraph (7)(a)8. or any
45	federal provisions that require a school to achieve a
46	racial/ethnic balance reflective of the community it serves or
47	within the racial/ethnic range of other public schools in the
48	same school district.
49	5. Students who meet reasonable academic, artistic, or
50	other eligibility standards established by the charter school
51	and included in the charter school application and charter or,
52	in the case of existing charter schools, standards that are
53	consistent with the school's mission and purpose. Such standards
54	shall be in accordance with current state law and practice in
55	public schools and may not discriminate against otherwise
56	qualified individuals.
57	6. Students articulating from one charter school to
58	another pursuant to an articulation agreement between the
59	charter schools that has been approved by the sponsor.
60	Section 2. Subsections (1) and (2), paragraph (b) of
61	subsection (3), paragraph (a) of subsection (4), and subsection
62	(5) of section 1013.355, Florida Statutes, are amended to read:
63	1013.355 Educational facilities benefit districts.--
64	(1) It is the intent of the Legislature to encourage and
65	authorize public cooperation among district school boards,
66	affected local general purpose governments, and benefited
67	private interests in order to implement financing for timely
68	acquisition, construction, operation, orandmaintenance of
69	school facilities, including facilities identified in individual
70	district facilities work programs or proposed by charter
71	schools. It is the further intent of the Legislature to provide
72	efficient alternative mechanisms and incentives to allow for
73	sharing costs of educational facilities necessary to accommodate
74	new growth and development among public agencies, including
75	district school boards, affected local general purpose
76	governments, and benefited private development interests.
77	(2) The Legislature hereby authorizes the creation of
78	educational facilities benefit districts pursuant to interlocal
79	cooperation agreements between a district school board and all
80	local general purpose governments within whose jurisdiction a
81	district is located. The purpose of educational facilities
82	benefit districts is to assist in financing the acquisition,
83	construction, operation, orandmaintenance of educational
84	facilities.
85	(3)
86	(b) Creation of any educational facilities benefit
87	district mayshallbe conditioned upon the consent of the
88	district school board, all local general purpose governments
89	within whose jurisdiction any portion of the educational
90	facilities benefit district is located, and all landowners
91	within the district. The membership of the governing board of
92	any educational facilities benefit district shouldshallinclude
93	representation of the district school board, each cooperating
94	local general purpose government, and the landowners within the
95	district. IfIn the case of an educational facilities benefit
96	district petitions district's decisionto create a charter
97	school or charter schools, the board of directors of the charter
98	school or charter schoolsmay constitute the members of the
99	governing board for the educational facilities benefit district.
100	(4) The educational facilities benefit district shall
101	have, and its governing board may exercise, the following
102	powers:
103	(a) To acquire, finance,and construct, operate, or
104	maintaineducational facilities within the district's
105	boundaries.
106	(5) As an alternative to the creation of an educational
107	facilities benefit district, the Legislature hereby recognizes
108	and encourages the consideration of community development
109	district creation pursuant to chapter 190 as a viable
110	alternative for financing the acquisition, construction,
111	operation, orandmaintenance of educational facilities as
112	described in this act. Community development districts are
113	granted the authority to determine, order, levy, impose,
114	collect, and enforce non-ad valorem assessments for such
115	purposes pursuant to this act and chapters 170, 190, and 197.
116	This authority is in addition to any authority granted community
117	development districts under chapter 190. Community development
118	districts are therefore deemed eligible for the financial
119	enhancements available to educational facilities benefit
120	districts providing for financing the acquisition, construction,
121	operation, orandmaintenance of educational facilities pursuant
122	to s. 1013.356. In order to receive such financial enhancements,
123	a community development district must enter into an interlocal
124	agreement with the district school board and affected local
125	general purpose governments that specifies the obligations of
126	all parties to the agreement. Nothing in this act or in any
127	interlocal agreement entered into pursuant to this act requires
128	any change in the method of election of a board of supervisors
129	of a community development district provided in chapter 190.
130	Section 3. Section 1013.356, Florida Statutes, is amended
131	to read:
132	1013.356 Local funding for educational facilities benefit
133	districts or community development districts.--Upon confirmation
134	by a district school board of the commitment of revenues by an
135	educational facilities benefit district or community development
136	district necessary to acquire, construct, operate, orand
137	maintain an educational facility contained within an individual
138	district facilities work program or proposed by an approved
139	charter school or a charter school applicant, the following
140	funds shall be provided to the educational facilities benefit
141	district or community development district annually, beginning
142	with the next fiscal year after confirmation until the
143	district's financial obligations are completed:
144	(1) All educational facilities impact fee revenue
145	collected for new development within the educational facilities
146	benefit district or community development district. Funds
147	provided under this subsection shall be used to fund the
148	acquisition, construction, operation, orandcapital maintenance
149	costs of educational facilities.
150	(2) For construction and capital maintenance costs not
151	covered by the funds provided under subsection (1), an annual
152	amount contributed by the district school board equal to one-
153	half of the remaining costs of construction and capital
154	maintenance of the educational facility. Any construction costs
155	above the cost-per-student criteria established for the SIT
156	Program in s. 1013.72(2) shall be funded exclusively by the
157	educational facilities benefit district or the community
158	development district. Funds contributed by a district school
159	board shall not be used to fund operational costs.
160	(3) In lieu of subsection (2), if an educational
161	facilities benefit district or community development district
162	elects to so receive, the proportionate share of local effort ad
163	valorem taxes paid by properties located within the educational
164	facilities benefit district or the community development
165	district based on student stations provided within the
166	educational facilities benefit district or the community
167	development district.
168
169	Educational facilities funded pursuant to this act may be
170	constructed on land that is owned by any person after the
171	district school board, the charter school or charter schools, or
172	the educational facilities benefit district or the community
173	development districthas acquired from the owner of the land a
174	long-term lease for the use of this land or facilitiesfor a
175	period of not less than 40 years or the life expectancy of the
176	permanent facilities constructed thereon, whichever is longer.
177	All interlocal agreements entered into pursuant to this act
178	shall provide for ownership of educational facilities funded
179	pursuant to this act to revert to the district school board if
180	such facilities cease to be used for public educational purposes
181	prior to 40 years after construction or prior to the end of the
182	life expectancy of the educational facilities, whichever is
183	longer.
184	Section 4. This act shall take effect July 1, 2003.