| 1 | The Choice & Innovation Committee recommends the following: | 
| 2 | 
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| 3 |      Council/Committee Substitute | 
| 4 |      Remove the entire bill and insert: | 
| 5 | A bill to be entitled | 
| 6 | An act relating to charter schools; amending s. 1002.33,  | 
| 7 | F.S.; providing that the sponsor of a charter school shall  | 
| 8 | not be liable for civil damages for certain actions;  | 
| 9 | providing that the duty to monitor a charter school shall  | 
| 10 | not be the basis for a private cause of action;  | 
| 11 | prescribing limits on immunities of a charter school  | 
| 12 | sponsor; expanding a school district's immunity from  | 
| 13 | assumption of contractual debts; providing an effective  | 
| 14 | date. | 
| 15 | 
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| 16 | Be It Enacted by the Legislature of the State of Florida: | 
| 17 | 
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| 18 |      Section 1.  Paragraph (b) of subsection (5) and paragraph  | 
| 19 | (f) of subsection (8) of section 1002.33, Florida Statutes, are  | 
| 20 | 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 | personnel, if the applicant indicates approval is necessary for  | 
| 32 | it to raise working capital. | 
| 33 |      d.4.  The sponsor's policies shall not apply to a charter  | 
| 34 | school. | 
| 35 |      e.5.  The sponsor shall ensure that the charter is  | 
| 36 | innovative and consistent with the state education goals  | 
| 37 | established by s. 1000.03(5). | 
| 38 |      f.6.  The sponsor shall ensure that the charter school  | 
| 39 | participates in the state's education accountability system. If  | 
| 40 | a charter school falls short of performance measures included in  | 
| 41 | the approved charter, the sponsor shall report such shortcomings  | 
| 42 | to the Department of Education. | 
| 43 |      g.  The sponsor shall not be liable for civil damages under  | 
| 44 | state law for personal injury, property damage, or death  | 
| 45 | resulting from an act or omission of an officer, employee,  | 
| 46 | agent, or governing body of the charter school. | 
| 47 |      h.  The sponsor shall not be liable for civil damages under  | 
| 48 | state law for any employment actions taken by an officer,  | 
| 49 | employee, agent, or governing body of the charter school. | 
| 50 |      i.  The sponsor's duties to monitor the charter school  | 
| 51 | shall not constitute the basis for a private cause of action. | 
| 52 |      2.  Immunity for the sponsor of a charter school under  | 
| 53 | subparagraph 1. applies only with respect to acts or omissions  | 
| 54 | not under the sponsor's direct authority as described in this  | 
| 55 | section. | 
| 56 |      3.  Nothing contained in this paragraph shall be considered  | 
| 57 | a waiver of sovereign immunity by a district school board. | 
| 58 | 
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| 59 | A community college may work with the school district or school  | 
| 60 | districts in its designated service area to develop charter  | 
| 61 | schools that offer secondary education. These charter schools  | 
| 62 | must include an option for students to receive an associate  | 
| 63 | degree upon high school graduation. District school boards shall  | 
| 64 | cooperate with and assist the community college on the charter  | 
| 65 | application. Community college applications for charter schools  | 
| 66 | are not subject to the time deadlines outlined in subsection (6)  | 
| 67 | and may be approved by the district school board at any time  | 
| 68 | during the year. Community colleges shall not report FTE for any  | 
| 69 | students who receive FTE funding through the Florida Education  | 
| 70 | Finance Program. | 
| 71 |      (8)  CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.-- | 
| 72 |      (f)  If a charter is not renewed or is terminated, the  | 
| 73 | charter school is responsible for all debts of the charter  | 
| 74 | school. The district may not assume the debt from any contract  | 
| 75 | for services made between the governing body of the school and a  | 
| 76 | third party, except for a debt that is previously detailed and  | 
| 77 | agreed upon in writing by both the district and the governing  | 
| 78 | body of the school and that may not reasonably be assumed to  | 
| 79 | have been satisfied by the district. | 
| 80 |      Section 2.  This act shall take effect July 1, 2006. |