HB 1569

1	A bill to be entitled
2	An act relating to education; amending s. 121.091, F.S.;
3	increasing the period of time during which certain charter
4	school instructional personnel may participate in the
5	Florida Retirement System Deferred Retirement Option
6	Program; extending such participation to certain school
7	district prekindergarten instructional personnel; amending
8	s. 1002.33, F.S., relating to charter schools; prohibiting
9	unlawful reprisal against a charter school by the school's
10	sponsor; providing for relief of a charter school;
11	providing duties of a sponsor relating to the charter
12	school application process and review; revising provisions
13	relating to charter school renewal terms; providing for
14	monthly distribution of funds to charter schools; revising
15	charter school facility fee exemptions; providing for
16	availability to charter schools of public school property
17	and facilities; providing a declaration of important state
18	interest; providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Paragraphs (a) and (b) of subsection (13) of
23	section 121.091, Florida Statutes, are amended to read:
24	121.091  Benefits payable under the system.--Benefits may
25	not be paid under this section unless the member has terminated
26	employment as provided in s. 121.021(39)(a) or begun
27	participation in the Deferred Retirement Option Program as
28	provided in subsection (13), and a proper application has been
29	filed in the manner prescribed by the department. The department
30	may cancel an application for retirement benefits when the
31	member or beneficiary fails to timely provide the information
32	and documents required by this chapter and the department's
33	rules. The department shall adopt rules establishing procedures
34	for application for retirement benefits and for the cancellation
35	of such application when the required information or documents
36	are not received.
37	(13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general, and
38	subject to the provisions of this section, the Deferred
39	Retirement Option Program, hereinafter referred to as the DROP,
40	is a program under which an eligible member of the Florida
41	Retirement System may elect to participate, deferring receipt of
42	retirement benefits while continuing employment with his or her
43	Florida Retirement System employer. The deferred monthly
44	benefits shall accrue in the System Trust Fund on behalf of the
45	participant, plus interest compounded monthly, for the specified
46	period of the DROP participation, as provided in paragraph (c).
47	Upon termination of employment, the participant shall receive
48	the total DROP benefits and begin to receive the previously
49	determined normal retirement benefits. Participation in the DROP
50	does not guarantee employment for the specified period of DROP.
51	Participation in the DROP by an eligible member beyond the
52	initial 60-month period as authorized in this subsection shall
53	be on an annual contractual basis for all participants.
54	(a)  Eligibility of member to participate in the DROP.--All
55	active Florida Retirement System members in a regularly
56	established position, and all active members of either the
57	Teachers' Retirement System established in chapter 238 or the
58	State and County Officers' and Employees' Retirement System
59	established in chapter 122 which systems are consolidated within
60	the Florida Retirement System under s. 121.011, are eligible to
61	elect participation in the DROP provided that:
62	1.  The member is not a renewed member of the Florida
63	Retirement System under s. 121.122, or a member of the State
64	Community College System Optional Retirement Program under s.
65	121.051, the Senior Management Service Optional Annuity Program
66	under s. 121.055, or the optional retirement program for the
67	State University System under s. 121.35.
68	2.  Except as provided in subparagraph 6., election to
69	participate is made within 12 months immediately following the
70	date on which the member first reaches normal retirement date,
71	or, for a member who reaches normal retirement date based on
72	service before he or she reaches age 62, or age 55 for Special
73	Risk Class members, election to participate may be deferred to
74	the 12 months immediately following the date the member attains
75	57, or age 52 for Special Risk Class members. For a member who
76	first reached normal retirement date or the deferred eligibility
77	date described above prior to the effective date of this
78	section, election to participate shall be made within 12 months
79	after the effective date of this section. A member who fails to
80	make an election within such 12-month limitation period shall
81	forfeit all rights to participate in the DROP. The member shall
82	advise his or her employer and the division in writing of the
83	date on which the DROP shall begin. Such beginning date may be
84	subsequent to the 12-month election period, but must be within
85	the 60-month or, with respect to members who are instructional
86	personnel as defined in s. 1012.01(2)(a)-(d) in prekindergarten
87	through grade 12 in the public school system who are funded
88	through the Florida Education Finance Program and employed by a
89	charter school and who have received authorization from the
90	governing board of the charter school to participate in DROP
91	beyond 60 months, or who are instructional personnel employed by
92	the Florida School for the Deaf and the Blind and who have
93	received authorization by the Board of Trustees of the Florida
94	School for the Deaf and the Blind to participate in the DROP
95	beyond 60 months, or who are instructional personnel as defined
96	in s. 1012.01(2)(a)-(d) in prekindergarten through grade 12 in
97	the public school system who are funded through the Florida
98	Education Finance Program grades K-12 and who have received
99	authorization by the district school superintendent to
100	participate in the DROP beyond 60 months, the 96-month
101	limitation period as provided in subparagraph (b)1. When
102	establishing eligibility of the member to participate in the
103	DROP for the 60-month or, with respect to members who are
104	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
105	prekindergarten through grade 12 in the public school system who
106	are funded through the Florida Education Finance Program and
107	employed by a charter school and who have received authorization
108	from the governing board of the charter school to participate in
109	DROP beyond 60 months, or who are instructional personnel
110	employed by the Florida School for the Deaf and the Blind and
111	who have received authorization by the Board of Trustees of the
112	Florida School for the Deaf and the Blind to participate in the
113	DROP beyond 60 months, or who are instructional personnel as
114	defined in s. 1012.01(2)(a)-(d) in prekindergarten through grade
115	12 in the public school system who are funded through the
116	Florida Education Finance Program grades K-12 and who have
117	received authorization by the district school superintendent to
118	participate in the DROP beyond 60 months, the 96-month maximum
119	participation period, the member may elect to include or exclude
120	any optional service credit purchased by the member from the
121	total service used to establish the normal retirement date. A
122	member with dual normal retirement dates shall be eligible to
123	elect to participate in DROP within 12 months after attaining
124	normal retirement date in either class.
125	3.  The employer of a member electing to participate in the
126	DROP, or employers if dually employed, shall acknowledge in
127	writing to the division the date the member's participation in
128	the DROP begins and the date the member's employment and DROP
129	participation will terminate.
130	4.  Simultaneous employment of a participant by additional
131	Florida Retirement System employers subsequent to the
132	commencement of participation in the DROP shall be permissible
133	provided such employers acknowledge in writing a DROP
134	termination date no later than the participant's existing
135	termination date or the 60-month limitation period as provided
136	in subparagraph (b)1.
137	5.  A DROP participant may change employers while
138	participating in the DROP, subject to the following:
139	a.  A change of employment must take place without a break
140	in service so that the member receives salary for each month of
141	continuous DROP participation. If a member receives no salary
142	during a month, DROP participation shall cease unless the
143	employer verifies a continuation of the employment relationship
144	for such participant pursuant to s. 121.021(39)(b).
145	b.  Such participant and new employer shall notify the
146	division on forms required by the division as to the identity of
147	the new employer.
148	c.  The new employer shall acknowledge, in writing, the
149	participant's DROP termination date, which may be extended but
150	not beyond the original 60-month or, with respect to members who
151	are instructional personnel as defined in s. 1012.01(2)(a)-(d)
152	in prekindergarten through grade 12 in the public school system
153	who are funded through the Florida Education Finance Program and
154	employed by a charter school and who have received authorization
155	from the governing board of the charter school to participate in
156	DROP beyond 60 months, or who are instructional personnel
157	employed by the Florida School for the Deaf and the Blind and
158	who have received authorization by the Board of Trustees of the
159	Florida School for the Deaf and the Blind to participate in the
160	DROP beyond 60 months, or who are instructional personnel as
161	defined in s. 1012.01(2)(a)-(d) in prekindergarten through grade
162	12 in the public school system who are funded through the
163	Florida Education Finance Program grades K-12 and who have
164	received authorization by the district school superintendent to
165	participate in the DROP beyond 60 months, the 96-month period
166	provided in subparagraph (b)1., shall acknowledge liability for
167	any additional retirement contributions and interest required if
168	the participant fails to timely terminate employment, and shall
169	be subject to the adjustment required in sub-subparagraph
170	(c)5.d.
171	6.  Effective July 1, 2001, for instructional personnel as
172	defined in s. 1012.01(2), election to participate in the DROP
173	shall be made at any time following the date on which the member
174	first reaches normal retirement date. The member shall advise
175	his or her employer and the division in writing of the date on
176	which the Deferred Retirement Option Program shall begin. When
177	establishing eligibility of the member to participate in the
178	DROP for the 60-month or, with respect to members who are
179	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
180	prekindergarten through grade 12 in the public school system who
181	are funded through the Florida Education Finance Program and
182	employed by a charter school and who have received authorization
183	from the governing board of the charter school to participate in
184	DROP beyond 60 months, or who are instructional personnel
185	employed by the Florida School for the Deaf and the Blind and
186	who have received authorization by the Board of Trustees of the
187	Florida School for the Deaf and the Blind to participate in the
188	DROP beyond 60 months, or who are instructional personnel as
189	defined in s. 1012.01(2)(a)-(d) in prekindergarten through grade
190	12 in the public school system who are funded through the
191	Florida Education Finance Program grades K-12 and who have
192	received authorization by the district school superintendent to
193	participate in the DROP beyond 60 months, the 96-month maximum
194	participation period, as provided in subparagraph (b)1., the
195	member may elect to include or exclude any optional service
196	credit purchased by the member from the total service used to
197	establish the normal retirement date. A member with dual normal
198	retirement dates shall be eligible to elect to participate in
199	either class.
200	(b)  Participation in the DROP.--
201	1.  An eligible member may elect to participate in the DROP
202	for a period not to exceed a maximum of 60 calendar months or,
203	with respect to members who are instructional personnel as
204	defined in s. 1012.01(2)(a)-(d) in prekindergarten through grade
205	12 in the public school system who are funded through the
206	Florida Education Finance Program and employed by a charter
207	school and who have received authorization from the governing
208	board of the charter school to participate in DROP beyond 60
209	months, or who are instructional personnel employed by the
210	Florida School for the Deaf and the Blind and who have received
211	authorization by the Board of Trustees of the Florida School for
212	the Deaf and the Blind to participate in the DROP beyond 60
213	months, or who are instructional personnel as defined in s.
214	1012.01(2)(a)-(d) in prekindergarten through grade 12 in the
215	public school system who are funded through the Florida
216	Education Finance Program grades K-12 and who have received
217	authorization by the district school superintendent to
218	participate in the DROP beyond 60 calendar months, 96 calendar
219	months immediately following the date on which the member first
220	reaches his or her normal retirement date or the date to which
221	he or she is eligible to defer his or her election to
222	participate as provided in subparagraph (a)2. However, a member
223	who has reached normal retirement date prior to the effective
224	date of the DROP shall be eligible to participate in the DROP
225	for a period of time not to exceed 60 calendar months or, with
226	respect to members who are instructional personnel as defined in
227	s. 1012.01(2)(a)-(d) in prekindergarten through grade 12 in the
228	public school system who are funded through the Florida
229	Education Finance Program and employed by a charter school and
230	who have received authorization from the governing board of the
231	charter school to participate in DROP beyond 60 months, or who
232	are instructional personnel employed by the Florida School for
233	the Deaf and the Blind and who have received authorization by
234	the Board of Trustees of the Florida School for the Deaf and the
235	Blind to participate in the DROP beyond 60 months, or who are
236	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
237	prekindergarten through grade 12 in the public school system who
238	are funded through the Florida Education Finance Program grades
239	K-12 and who have received authorization by the district school
240	superintendent to participate in the DROP beyond 60 calendar
241	months, 96 calendar months immediately following the effective
242	date of the DROP, except a member of the Special Risk Class who
243	has reached normal retirement date prior to the effective date
244	of the DROP and whose total accrued value exceeds 75 percent of
245	average final compensation as of his or her effective date of
246	retirement shall be eligible to participate in the DROP for no
247	more than 36 calendar months immediately following the effective
248	date of the DROP.
249	2.  Upon deciding to participate in the DROP, the member
250	shall submit, on forms required by the division:
251	a.  A written election to participate in the DROP;
252	b.  Selection of the DROP participation and termination
253	dates, which satisfy the limitations stated in paragraph (a) and
254	subparagraph 1. Such termination date shall be in a binding
255	letter of resignation with the employer, establishing a deferred
256	termination date. The member may change the termination date
257	within the limitations of subparagraph 1., but only with the
258	written approval of his or her employer;
259	c.  A properly completed DROP application for service
260	retirement as provided in this section; and
261	d.  Any other information required by the division.
262	3.  The DROP participant shall be a retiree under the
263	Florida Retirement System for all purposes, except for paragraph
264	(5)(f) and subsection (9) and ss. 112.3173, 112.363, 121.053,
265	and 121.122. However, participation in the DROP does not alter
266	the participant's employment status and such employee shall not
267	be deemed retired from employment until his or her deferred
268	resignation is effective and termination occurs as provided in
269	s. 121.021(39).
270	4.  Elected officers shall be eligible to participate in
271	the DROP subject to the following:
272	a.  An elected officer who reaches normal retirement date
273	during a term of office may defer the election to participate in
274	the DROP until the next succeeding term in that office. Such
275	elected officer who exercises this option may participate in the
276	DROP for up to 60 calendar months or a period of no longer than
277	such succeeding term of office, whichever is less.
278	b.  An elected or a nonelected participant may run for a
279	term of office while participating in DROP and, if elected,
280	extend the DROP termination date accordingly, except, however,
281	if such additional term of office exceeds the 60-month
282	limitation established in subparagraph 1., and the officer does
283	not resign from office within such 60-month limitation, the
284	retirement and the participant's DROP shall be null and void as
285	provided in sub-subparagraph (c)5.d.
286	c.  An elected officer who is dually employed and elects to
287	participate in DROP shall be required to satisfy the definition
288	of termination within the 60-month or, with respect to members
289	who are instructional personnel as defined in s. 1012.01(2)(a)-
290	(d) in prekindergarten through grade 12 in the public school
291	system who are funded through the Florida Education Finance
292	Program and employed by a charter school and who have received
293	authorization from the governing board of the charter school to
294	participate in DROP beyond 60 months, or who are instructional
295	personnel employed by the Florida School for the Deaf and the
296	Blind and who have received authorization by the Board of
297	Trustees of the Florida School for the Deaf and the Blind to
298	participate in the DROP beyond 60 months, or who are
299	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
300	prekindergarten through grade 12 in the public school system who
301	are funded through the Florida Education Finance Program grades
302	K-12 and who have received authorization by the district school
303	superintendent to participate in the DROP beyond 60 months, the
304	96-month limitation period as provided in subparagraph 1. for
305	the nonelected position and may continue employment as an
306	elected officer as provided in s. 121.053. The elected officer
307	will be enrolled as a renewed member in the Elected Officers'
308	Class or the Regular Class, as provided in ss. 121.053 and
309	121.122, on the first day of the month after termination of
310	employment in the nonelected position and termination of DROP.
311	Distribution of the DROP benefits shall be made as provided in
312	paragraph (c).
313	Section 2.  Subsections (1) and (4), paragraphs (b), (c),
314	(e), and (f) of subsection (6), paragraphs (b) and (c) of
315	subsection (7), paragraph (l) of subsection (9), paragraphs (b)
316	and (c) of subsection (17), and paragraphs (d) and (e) of
317	subsection (18) of section 1002.33, Florida Statutes, are
318	amended to read:
319	1002.33  Charter schools.--
320	(1)  AUTHORIZATION.--Charter schools shall be part of the
321	state's program of public education. All charter schools in
322	Florida are public schools. Charter schools are established to
323	provide a flexible, innovative, and accountable public education
324	to students in the state. A charter school may be formed by
325	creating a new school or converting an existing public school to
326	charter status. A public school may not use the term charter in
327	its name unless it has been approved under this section.
328	(4)  UNLAWFUL REPRISAL.--
329	(a)  No district school board, or district school board
330	employee who has control over personnel actions, shall take
331	unlawful reprisal against another district school board employee
332	because that employee is either directly or indirectly involved
333	with an application to establish a charter school. As used in
334	this subsection, with respect to a district school board or a
335	district school board employee, the term "unlawful reprisal"
336	means an action taken by a district school board or a school
337	system employee against an employee who is directly or
338	indirectly involved in a lawful application to establish a
339	charter school, which occurs as a direct result of that
340	involvement, and which results in one or more of the following:
341	disciplinary or corrective action; adverse transfer or
342	reassignment, whether temporary or permanent; suspension,
343	demotion, or dismissal; an unfavorable performance evaluation; a
344	reduction in pay, benefits, or rewards; elimination of the
345	employee's position absent of a reduction in workforce as a
346	result of lack of moneys or work; or other adverse significant
347	changes in duties or responsibilities that are inconsistent with
348	the employee's salary or employment classification. No sponsor
349	or sponsor's staff shall take unlawful reprisal against a
350	charter school that is operating under a charter with the
351	sponsor. As used in this subsection, with respect to a sponsor
352	or a sponsor's staff, the term "unlawful reprisal" means an
353	action taken by a sponsor or a sponsor's employee that directly
354	or indirectly impacts the operations and funding of the charter
355	school, submission of required reports, or the school's
356	compliance with the charter. The following procedures shall
357	apply to an alleged unlawful reprisal that occurs as a
358	consequence of an employee's direct or indirect involvement with
359	an application to establish a charter school or a charter
360	school's operation:
361	1.  Within 60 days after the date upon which a reprisal
362	prohibited by this subsection is alleged to have occurred, an
363	employee or school may file a complaint with the Department of
364	Education.
365	2.  Within 3 working days after receiving a complaint under
366	this section, the Department of Education shall acknowledge
367	receipt of the complaint and provide copies of the complaint and
368	any other relevant preliminary information available to each of
369	the other parties named in the complaint, which parties shall
370	each acknowledge receipt of such copies to the complainant.
371	3.  If the Department of Education determines that the
372	complaint demonstrates reasonable cause to suspect that an
373	unlawful reprisal has occurred, the Department of Education
374	shall conduct an investigation to produce a fact-finding report.
375	4.  Within 90 days after receiving the complaint, the
376	Department of Education shall provide the district school
377	superintendent of the complainant's district and the complainant
378	with a fact-finding report that may include recommendations to
379	the parties or a proposed resolution of the complaint. The fact-
380	finding report shall be presumed admissible in any subsequent or
381	related administrative or judicial review.
382	5.  If the Department of Education determines that
383	reasonable grounds exist to believe that an unlawful reprisal
384	has occurred, is occurring, or is to be taken, and is unable to
385	conciliate a complaint within 60 days after receipt of the fact-
386	finding report, the Department of Education shall terminate the
387	investigation. Upon termination of any investigation, the
388	Department of Education shall notify the complainant and the
389	district school superintendent of the termination of the
390	investigation, providing a summary of relevant facts found
391	during the investigation and the reasons for terminating the
392	investigation. A written statement under this paragraph is
393	presumed admissible as evidence in any judicial or
394	administrative proceeding.
395	6.  The Department of Education shall either contract with
396	the Division of Administrative Hearings under s. 120.65, or
397	otherwise provide for a complaint for which the Department of
398	Education determines reasonable grounds exist to believe that an
399	unlawful reprisal has occurred, is occurring, or is to be taken,
400	and is unable to conciliate, to be heard by a panel of impartial
401	persons. Upon hearing the complaint, the panel shall make
402	findings of fact and conclusions of law for a final decision by
403	the Department of Education.
404
405	It shall be an affirmative defense to any action brought
406	pursuant to this section that the adverse action was predicated
407	upon grounds other than, and would have been taken absent, the
408	employee's or school's exercise of rights protected by this
409	section.
410	(b)  In any action brought under this section for which it
411	is determined reasonable grounds exist to believe that an
412	unlawful reprisal against an employee has occurred, is
413	occurring, or is to be taken, the relief shall include the
414	following:
415	1.  Reinstatement of the employee to the same position held
416	before the unlawful reprisal was commenced, or to an equivalent
417	position, or payment of reasonable front pay as alternative
418	relief.
419	2.  Reinstatement of the employee's full fringe benefits
420	and seniority rights, as appropriate.
421	3.  Compensation, if appropriate, for lost wages, benefits,
422	or other lost remuneration caused by the unlawful reprisal.
423	4.  Payment of reasonable costs, including attorney's fees,
424	to a substantially prevailing employee, or to the prevailing
425	employer if the employee filed a frivolous action in bad faith.
426	5.  Issuance of an injunction, if appropriate, by a court
427	of competent jurisdiction.
428	6.  Temporary reinstatement to the employee's former
429	position or to an equivalent position, pending the final outcome
430	of the complaint, if it is determined that the action was not
431	made in bad faith or for a wrongful purpose, and did not occur
432	after a district school board's initiation of a personnel action
433	against the employee that includes documentation of the
434	employee's violation of a disciplinary standard or performance
435	deficiency.
436	(c)  In any action brought under this section for which it
437	is determined reasonable grounds exist to believe that an
438	unlawful reprisal against a charter school has occurred, is
439	occurring, or is to be taken, the relief shall include the
440	following:
441	1.  Immediate cease and desist of the sponsor's policies
442	and practices impairing the school's operations.
443	2.  Compensation, if appropriate, for lost funding to the
444	school caused by the unlawful reprisal.
445	3.  Payment of reasonable costs, including attorney's fees,
446	to a substantially prevailing school.
447	4.  Issuance of an injunction, if appropriate, by a court
448	of competent jurisdiction.
449	5.  Issuance of an order granting immediate transfer of the
450	charter to an alternate charter school sponsor willing to accept
451	the transfer of the charter sponsorship duties.
452	(6)  APPLICATION PROCESS AND REVIEW.--Charter school
453	applications are subject to the following requirements:
454	(b)  A sponsor district school board shall receive and
455	review all applications for a charter school. Beginning with the
456	2007-2008 school year, a sponsor district school board shall
457	receive and consider charter school applications received on or
458	before August 1 of each calendar year for charter schools to be
459	opened at the beginning of the school district's next school
460	year, or to be opened at a time agreed to by the applicant and
461	the sponsor. A charter school is exempt from the requirements of
462	s. 1001.42(4)(f) and shall mutually agree with its sponsor on
463	the school's calendar year district school board. A sponsor
464	district school board may receive applications later than this
465	date if it chooses. A sponsor may not charge an applicant for a
466	charter any fee for the processing or consideration of an
467	application, and a sponsor may not base its consideration or
468	approval of an application upon the promise of future payment of
469	any kind.
470	1.  In order to facilitate an accurate budget projection
471	process, a sponsor district school board shall be held harmless
472	for FTE students who are not included in the FTE projection due
473	to approval of charter school applications after the FTE
474	projection deadline. In a further effort to facilitate an
475	accurate budget projection, within 15 calendar days after
476	receipt of a charter school application, a district school board
477	or other sponsor shall report to the Department of Education the
478	name of the applicant entity, the proposed charter school
479	location, and its projected FTE.
480	2.  In order to ensure fiscal responsibility, an
481	application for a charter school shall include a full accounting
482	of expected assets, a projection of expected sources and amounts
483	of income, including income derived from projected student
484	enrollments and from community support, and an expense
485	projection that includes full accounting of the costs of
486	operation, including start-up costs.
487	3.  A sponsor district school board shall by a majority
488	vote approve or deny an application no later than 60 calendar
489	days after the application is received, unless the sponsor
490	district school board and the applicant mutually agree in
491	writing to temporarily postpone the vote to a specific date, at
492	which time the sponsor district school board shall by a majority
493	vote approve or deny the application. If the sponsor district
494	school board fails to act on the application, an applicant may
495	appeal to the State Board of Education as provided in paragraph
496	(c). If an application is denied, the sponsor district school
497	board shall, within 10 calendar days, articulate in writing the
498	specific reasons for its denial of the charter application and
499	shall provide the letter of denial and supporting documentation
500	to the applicant and to the Department of Education supporting
501	those reasons.
502	4.  For budget projection purposes, the district school
503	board or other sponsor shall report to the Department of
504	Education the approval or denial of a charter application within
505	10 calendar days after such approval or denial. In the event of
506	approval, the report to the Department of Education shall
507	include the final projected FTE for the approved charter school.
508	5.  Upon approval of a charter application, the initial
509	startup shall commence with the beginning of the public school
510	calendar for the district in which the charter is granted unless
511	the sponsor allows a waiver of this provision for good cause.
512	(c)  An applicant may appeal any denial of that applicant's
513	application or failure to act on an application to the State
514	Board of Education no later than 30 calendar days after receipt
515	of the sponsor's district school board's decision or failure to
516	act and shall notify the sponsor district school board of its
517	appeal. Any response of the sponsor district school board shall
518	be submitted to the State Board of Education within 30 calendar
519	days after notification of the appeal. Upon receipt of
520	notification from the State Board of Education that a charter
521	school applicant is filing an appeal, the Commissioner of
522	Education shall convene a meeting of the Charter School Appeal
523	Commission to study and make recommendations to the State Board
524	of Education regarding its pending decision about the appeal.
525	The commission shall forward its recommendation to the state
526	board no later than 7 calendar days prior to the date on which
527	the appeal is to be heard. The State Board of Education shall by
528	majority vote accept or reject the decision of the sponsor
529	district school board no later than 90 calendar days after an
530	appeal is filed in accordance with State Board of Education
531	rule. The Charter School Appeal Commission may reject an appeal
532	submission for failure to comply with procedural rules governing
533	the appeals process. The rejection shall describe the submission
534	errors. The appellant may have up to 15 calendar days from
535	notice of rejection to resubmit an appeal that meets
536	requirements of State Board of Education rule. An application
537	for appeal submitted subsequent to such rejection shall be
538	considered timely if the original appeal was filed within 30
539	calendar days after receipt of notice of the specific reasons
540	for the sponsor's district school board's denial of the charter
541	application. The State Board of Education shall remand the
542	application to the sponsor district school board with its
543	written decision that the sponsor district school board approve
544	or deny the application. The sponsor district school board shall
545	implement the decision of the State Board of Education. The
546	decision of the State Board of Education is not subject to the
547	provisions of the Administrative Procedure Act, chapter 120.
548	(e)  The sponsor district school board shall act upon the
549	decision of the State Board of Education within 30 calendar days
550	after it is received. The State Board of Education's decision is
551	a final action subject to judicial review in the district court
552	of appeal.
553	(f)1.  A Charter School Appeal Commission is established to
554	assist the commissioner and the State Board of Education with a
555	fair and impartial review of appeals by applicants whose charter
556	applications have been denied, whose charter contracts have not
557	been renewed, or whose charter contracts have been terminated by
558	their sponsors.
559	2.  The Charter School Appeal Commission may receive copies
560	of the appeal documents forwarded to the State Board of
561	Education, review the documents, gather other applicable
562	information regarding the appeal, and make a written
563	recommendation to the commissioner. The recommendation must
564	state whether the appeal should be upheld or denied and include
565	the reasons for the recommendation being offered. The
566	commissioner shall forward the recommendation to the State Board
567	of Education no later than 7 calendar days prior to the date on
568	which the appeal is to be heard. The state board must consider
569	the commission's recommendation in making its decision, but is
570	not bound by the recommendation. The decision of the Charter
571	School Appeal Commission is not subject to the provisions of the
572	Administrative Procedure Act, chapter 120.
573	3.  The commissioner shall appoint the members of the
574	Charter School Appeal Commission. Members shall serve without
575	compensation but may be reimbursed for travel and per diem
576	expenses in conjunction with their service. One-half of the
577	members must represent currently operating charter schools, and
578	one-half of the members must represent sponsors school
579	districts. The commissioner or a named designee shall chair the
580	Charter School Appeal Commission.
581	4.  The chair shall convene meetings of the commission and
582	shall ensure that the written recommendations are completed and
583	forwarded in a timely manner. In cases where the commission
584	cannot reach a decision, the chair shall make the written
585	recommendation with justification, noting that the decision was
586	rendered by the chair.
587	5.  Commission members shall thoroughly review the
588	materials presented to them from the appellant and the sponsor.
589	The commission may request information to clarify the
590	documentation presented to it. In the course of its review, the
591	commission may facilitate the postponement of an appeal in those
592	cases where additional time and communication may negate the
593	need for a formal appeal and both parties agree, in writing, to
594	postpone the appeal to the State Board of Education. A new date
595	certain for the appeal shall then be set based upon the rules
596	and procedures of the State Board of Education. Commission
597	members shall provide a written recommendation to the state
598	board as to whether the appeal should be upheld or denied. A
599	fact-based justification for the recommendation must be
600	included. The chair must ensure that the written recommendation
601	is submitted to the State Board of Education members no later
602	than 7 calendar days prior to the date on which the appeal is to
603	be heard. Both parties in the case shall also be provided a copy
604	of the recommendation.
605	(7)  CHARTER.--The major issues involving the operation of
606	a charter school shall be considered in advance and written into
607	the charter. The charter shall be signed by the governing body
608	of the charter school and the sponsor, following a public
609	hearing to ensure community input.
610	(b)1.  A charter may be renewed provided that a program
611	review demonstrates that the criteria in paragraph (a) have been
612	successfully accomplished and that none of the grounds for
613	nonrenewal established by paragraph (8)(a) has been documented.
614	In order to facilitate long-term financing for charter school
615	construction, charter schools operating for a minimum of 2 years
616	and demonstrating exemplary academic programming and fiscal
617	management shall receive are eligible for a 15-year charter
618	renewal. Such long-term charter is subject to annual review and
619	may be terminated during the term of the charter.
620	2.  The 15-year charter renewal that may be granted
621	pursuant to subparagraph 1. shall be granted to a charter school
622	that has received a school grade of "A" or "B" pursuant to s.
623	1008.34 in 3 of the past 4 years and is not in a state of
624	financial emergency or deficit position as defined by this
625	section. Such long-term charter is subject to annual review and
626	may be terminated during the term of the charter pursuant to
627	subsection (8).
628	(c)  A charter may be modified during its initial term or
629	any renewal term upon the recommendation of the sponsor or the
630	charter school governing board and the approval of both parties
631	to the agreement. The terms of the charter, as agreed upon by
632	both parties, shall be in effect for the duration of the
633	contract.
634	(9)  CHARTER SCHOOL REQUIREMENTS.--
635	(l)  The governing body of the charter school shall report
636	its progress annually to its sponsor, which shall forward the
637	report to the Commissioner of Education at the same time as
638	other annual school accountability reports. The Department of
639	Education shall develop a uniform, on-line annual accountability
640	report to be completed by charter schools. This report shall be
641	easy to utilize and contain demographic information, student
642	performance data, and financial accountability information. A
643	charter school shall be allowed to directly correct school data
644	and information in the on-line accountability report. The
645	sponsor shall review the report before final submission to the
646	department not be required to provide information and data that
647	is duplicative and already in the possession of the department.
648	The Department of Education shall include in its compilation a
649	notation if a school failed to file its report by the deadline
650	established by the department. The report shall include at least
651	the following components:
652	1.  Student achievement performance data, including the
653	information required for the annual school report and the
654	education accountability system governed by ss. 1008.31 and
655	1008.345. Charter schools are subject to the same accountability
656	requirements as other public schools, including reports of
657	student achievement information that links baseline student data
658	to the school's performance projections identified in the
659	charter. The charter school shall identify reasons for any
660	difference between projected and actual student performance.
661	2.  Financial status of the charter school which must
662	include revenues and expenditures at a level of detail that
663	allows for analysis of the ability to meet financial obligations
664	and timely repayment of debt.
665	3.  Documentation of the facilities in current use and any
666	planned facilities for use by the charter school for instruction
667	of students, administrative functions, or investment purposes.
668	4.  Descriptive information about the charter school's
669	personnel, including salary and benefit levels of charter school
670	employees, the proportion of instructional personnel who hold
671	professional or temporary certificates, and the proportion of
672	instructional personnel teaching in-field or out-of-field.
673	(17)  FUNDING.--Students enrolled in a charter school,
674	regardless of the sponsorship, shall be funded as if they are in
675	a basic program or a special program, the same as students
676	enrolled in other public schools in the school district. Funding
677	for a charter lab school shall be as provided in s. 1002.32.
678	(b)  The basis for the agreement for funding students
679	enrolled in a charter school shall be the sum of the school
680	district's operating funds from the Florida Education Finance
681	Program as provided in s. 1011.62 and the General Appropriations
682	Act, including gross state and local funds, discretionary
683	lottery funds, and funds from the school district's current
684	operating discretionary millage levy; divided by total funded
685	weighted full-time equivalent students in the school district;
686	multiplied by the weighted full-time equivalent students for the
687	charter school. Charter schools whose students or programs meet
688	the eligibility criteria in law shall be entitled to their
689	proportionate share of categorical program funds included in the
690	total funds available in the Florida Education Finance Program
691	by the Legislature, including transportation. Total funding for
692	each charter school shall be recalculated during the year to
693	reflect the revised calculations under the Florida Education
694	Finance Program by the state and the actual weighted full-time
695	equivalent students reported by the charter school during the
696	full-time equivalent student survey periods designated by the
697	Commissioner of Education. Florida Education Finance Program
698	funds for a charter school shall be distributed monthly to the
699	charter school by the sponsor within 10 days after receipt from
700	the state.
701	(c)  If the sponsor district school board is providing
702	programs or services to students funded by federal funds, any
703	eligible students enrolled in charter schools in the school
704	district shall be provided federal funds for the same level of
705	service provided students in the schools operated by the
706	district school board. Pursuant to provisions of 20 U.S.C. 8061
707	s. 10306, all charter schools shall receive all federal funding
708	for which the school is otherwise eligible, including, but not
709	limited to, Title I funding, Individuals with Disabilities
710	Education Act funding, and all other federal funds, not later
711	than 5 months after the charter school first opens and within 5
712	months after any subsequent expansion of enrollment.
713	(18)  FACILITIES.--
714	(d)  As a public school, a charter school is exempt from
715	all fees and assessments, including, but not limited to, fees
716	and assessments for building permits except as provided in s.
717	553.80, building and occupational licenses, fire inspections,
718	and health inspections and impact fees, service availability
719	fees, and assessments for special benefits. Charter school
720	facilities are exempt from assessments of fees for building
721	permits, except as provided in s. 553.80, fees for building and
722	occupational licenses, and impact fees or service availability
723	fees.
724	(e)  If a district school board facility or property is
725	available because it is surplus, marked for disposal, or
726	otherwise unused, it shall be provided for a charter school's
727	use on the same basis as it is made available to other public
728	schools in the district. When a school district closes a public
729	school, the property and facilities shall first be made
730	available within 60 days, for lease or purchase, to charter
731	schools within the district to be used for educational purposes.
732	A charter school receiving property from the school district may
733	not sell or dispose of such property without written permission
734	of the school district. Similarly, for an existing public school
735	converting to charter status, no rental or leasing fee for the
736	existing facility or for the property normally inventoried to
737	the conversion school may be charged by the district school
738	board to the parents and teachers organizing the charter school.
739	The charter school shall agree to reasonable maintenance
740	provisions in order to maintain the facility in a manner similar
741	to district school board standards. The Public Education Capital
742	Outlay maintenance funds or any other maintenance funds
743	generated by the facility operated as a conversion school shall
744	remain with the conversion school.
745	Section 3.  The Legislature finds that a proper and
746	legitimate state purpose is served when employees and retirees
747	of the state and its political subdivisions, as well as the
748	dependents, survivors, and beneficiaries of such employees and
749	retirees, are extended the basic protections afforded by
750	governmental retirement systems that provide fair and adequate
751	benefits and that are managed, administered, and funded in an
752	actuarially sound manner as required by s. 14, Art. X of the
753	State Constitution and part VII of chapter 112, Florida
754	Statutes. Therefore, the Legislature determines and declares
755	that the amendment of s. 121.091, Florida Statutes, by this act
756	fulfills an important state interest.
757	Section 4.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.