Senate Bill sb1030c1

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    Florida Senate - 2006                           CS for SB 1030

    By the Committee on Judiciary; and Senator Margolis





    590-1974-06

  1                      A bill to be entitled

  2         An act relating to charter schools; amending s.

  3         1002.33, F.S.; providing that the sponsor of a

  4         charter school shall not be liable for civil

  5         damages for certain actions; providing that the

  6         duty to monitor a charter school shall not be

  7         the basis for a private cause of action;

  8         prescribing limits on immunities of a charter

  9         school sponsor; providing that nothing related

10         to a sponsor's duties shall be considered a

11         waiver of sovereign immunity by a sponsor;

12         expanding a school district's immunity from

13         assumption of contractual debts; providing an

14         effective date.

15  

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

17  

18         Section 1.  Paragraph (b) of subsection (5) and

19  paragraph (f) of subsection (8) of section 1002.33, Florida

20  Statutes, are amended to read:

21         1002.33  Charter schools.--

22         (5)  SPONSOR; DUTIES.--

23         (b)  Sponsor duties.--

24         1.a.  The sponsor shall monitor and review the charter

25  school in its progress toward the goals established in the

26  charter.

27         b.2.  The sponsor shall monitor the revenues and

28  expenditures of the charter school.

29         c.3.  The sponsor may approve a charter for a charter

30  school before the applicant has secured space, equipment, or

31  

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    Florida Senate - 2006                           CS for SB 1030
    590-1974-06




 1  personnel, if the applicant indicates approval is necessary

 2  for it to raise working capital.

 3         d.4.  The sponsor's policies shall not apply to a

 4  charter school.

 5         e.5.  The sponsor shall ensure that the charter is

 6  innovative and consistent with the state education goals

 7  established by s. 1000.03(5).

 8         f.6.  The sponsor shall ensure that the charter school

 9  participates in the state's education accountability system.

10  If a charter school falls short of performance measures

11  included in the approved charter, the sponsor shall report

12  such shortcomings to the Department of Education.

13         g.  The sponsor shall not be liable for civil damages

14  under state law for personal injury, property damage, or death

15  resulting from an act or omission of an officer, employee,

16  agent, or governing body of the charter school.

17         h.  The sponsor shall not be liable for civil damages

18  under state law for any employment actions taken by an

19  officer, employee, agent, or governing body of the charter

20  school.

21         i.  The sponsor's duties to monitor the charter school

22  shall not constitute the basis for a private cause of action.

23         2.  Immunity for the sponsor of a charter school under

24  this paragraph applies only with respect to acts or omissions

25  that are not under the sponsor's direct authority as described

26  in this section.

27         3.  Nothing contained in this paragraph shall be

28  considered a waiver of sovereign immunity by a sponsor.

29  

30  A community college may work with the school district or

31  school districts in its designated service area to develop

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    Florida Senate - 2006                           CS for SB 1030
    590-1974-06




 1  charter schools that offer secondary education. These charter

 2  schools must include an option for students to receive an

 3  associate degree upon high school graduation. District school

 4  boards shall cooperate with and assist the community college

 5  on the charter application. Community college applications for

 6  charter schools are not subject to the time deadlines outlined

 7  in subsection (6) and may be approved by the district school

 8  board at any time during the year. Community colleges shall

 9  not report FTE for any students who receive FTE funding

10  through the Florida Education Finance Program.

11         (8)  CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.--

12         (f)  If a charter is not renewed or is terminated, the

13  charter school is responsible for all debts of the charter

14  school. The district may not assume the debt from any contract

15  for services made between the governing body of the school and

16  a third party, except for a debt that is previously detailed

17  and agreed upon in writing by both the district and the

18  governing body of the school and that may not reasonably be

19  assumed to have been satisfied by the district.

20         Section 2.  This act shall take effect July 1, 2006.

21  

22          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
23                         Senate Bill 1030

24                                 

25  The committee substitute makes the following changes to the
    underlying bill:
26  
    --   Limits immunity to those acts or omissions that are not
27       subject to the sponsor's direct authority, as provided in
         statute; and
28  
    --   Replaces the "district school board" with "sponsor" to
29       provide for consistency in application of the provision
         relating to non-waiver of sovereign immunity so that the
30       provision also applies to university sponsors of charter
         schools, as well as district school boards.
31  

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