| 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; deleting  | 
| 8 | an obsolete provision; amending s. 1002.33, F.S.; revising  | 
| 9 | provisions relating to appeal of a charter school  | 
| 10 | application denial; revising provisions relating to  | 
| 11 | charter school renewal terms; revising provisions relating  | 
| 12 | to a charter school's annual report; revising provisions  | 
| 13 | relating to student eligibility to attend a charter  | 
| 14 | school; providing requirements for distribution of funds  | 
| 15 | to charter schools; providing priority to charter schools  | 
| 16 | for the lease or purchase of public school property and  | 
| 17 | facilities; requiring a sponsor to provide additional  | 
| 18 | services relating to school lunches under the federal  | 
| 19 | lunch program; amending s. 1003.03, F.S.; providing for  | 
| 20 | calculation for compliance with class size maximums for  | 
| 21 | certain schools and programs; amending s. 1011.71, F.S.,  | 
| 22 | relating to district school tax; providing that use of  | 
| 23 | capital improvement millage for district schools include  | 
| 24 | charter schools; amending s. 1013.62, F.S.; authorizing  | 
| 25 | additional uses for charter school capital outlay funds;  | 
| 26 | providing an effective date. | 
| 27 | 
  | 
| 28 | Be It Enacted by the Legislature of the State of Florida: | 
| 29 | 
  | 
| 30 |      Section 1.  Paragraphs (a) and (b) of subsection (13) of  | 
| 31 | section 121.091, Florida Statutes, are amended to read: | 
| 32 |      121.091  Benefits payable under the system.--Benefits may  | 
| 33 | not be paid under this section unless the member has terminated  | 
| 34 | employment as provided in s. 121.021(39)(a) or begun  | 
| 35 | participation in the Deferred Retirement Option Program as  | 
| 36 | provided in subsection (13), and a proper application has been  | 
| 37 | filed in the manner prescribed by the department. The department  | 
| 38 | may cancel an application for retirement benefits when the  | 
| 39 | member or beneficiary fails to timely provide the information  | 
| 40 | and documents required by this chapter and the department's  | 
| 41 | rules. The department shall adopt rules establishing procedures  | 
| 42 | for application for retirement benefits and for the cancellation  | 
| 43 | of such application when the required information or documents  | 
| 44 | are not received. | 
| 45 |      (13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general, and  | 
| 46 | subject to the provisions of this section, the Deferred  | 
| 47 | Retirement Option Program, hereinafter referred to as the DROP,  | 
| 48 | is a program under which an eligible member of the Florida  | 
| 49 | Retirement System may elect to participate, deferring receipt of  | 
| 50 | retirement benefits while continuing employment with his or her  | 
| 51 | Florida Retirement System employer. The deferred monthly  | 
| 52 | benefits shall accrue in the System Trust Fund on behalf of the  | 
| 53 | participant, plus interest compounded monthly, for the specified  | 
| 54 | period of the DROP participation, as provided in paragraph (c).  | 
| 55 | Upon termination of employment, the participant shall receive  | 
| 56 | the total DROP benefits and begin to receive the previously  | 
| 57 | determined normal retirement benefits. Participation in the DROP  | 
| 58 | does not guarantee employment for the specified period of DROP.  | 
| 59 | Participation in the DROP by an eligible member beyond the  | 
| 60 | initial 60-month period as authorized in this subsection shall  | 
| 61 | be on an annual contractual basis for all participants. | 
| 62 |      (a)  Eligibility of member to participate in the DROP.--All  | 
| 63 | active Florida Retirement System members in a regularly  | 
| 64 | established position, and all active members of either the  | 
| 65 | Teachers' Retirement System established in chapter 238 or the  | 
| 66 | State and County Officers' and Employees' Retirement System  | 
| 67 | established in chapter 122, which systems are consolidated  | 
| 68 | within the Florida Retirement System under s. 121.011, are  | 
| 69 | eligible to elect participation in the DROP if provided that: | 
| 70 |      1.  The member is not a renewed member of the Florida  | 
| 71 | Retirement System under s. 121.122, or a member of the State  | 
| 72 | Community College System Optional Retirement Program under s.  | 
| 73 | 121.051, the Senior Management Service Optional Annuity Program  | 
| 74 | under s. 121.055, or the optional retirement program for the  | 
| 75 | State University System under s. 121.35. | 
| 76 |      2.  Except as provided in subparagraph 6., election to  | 
| 77 | participate is made within 12 months immediately following the  | 
| 78 | date on which the member first reaches normal retirement date,  | 
| 79 | or, for a member who reaches normal retirement date based on  | 
| 80 | service before he or she reaches age 62, or age 55 for Special  | 
| 81 | Risk Class members, election to participate may be deferred to  | 
| 82 | the 12 months immediately following the date the member attains  | 
| 83 | 57, or age 52 for Special Risk Class members. For a member who  | 
| 84 | first reached normal retirement date or the deferred eligibility  | 
| 85 | date described above prior to the effective date of this  | 
| 86 | section, election to participate shall be made within 12 months  | 
| 87 | after the effective date of this section. A member who fails to  | 
| 88 | make an election within the such 12-month limitation period  | 
| 89 | shall forfeit all rights to participate in the DROP. The member  | 
| 90 | shall advise his or her employer and the division in writing of  | 
| 91 | the date on which the DROP shall begin. The Such beginning date  | 
| 92 | may be subsequent to the 12-month election period, but must be  | 
| 93 | within the 60-month or, with respect to members who are  | 
| 94 | instructional personnel employed by the Florida School for the  | 
| 95 | Deaf and the Blind and who have received authorization by the  | 
| 96 | Board of Trustees of the Florida School for the Deaf and the  | 
| 97 | Blind to participate in the DROP beyond 60 months, or who are  | 
| 98 | instructional personnel as defined in s. 1012.01(2)(a)-(d) in  | 
| 99 | grades K-12 and who have received authorization by the district  | 
| 100 | school superintendent to participate in the DROP beyond 60  | 
| 101 | months, the 96-month maximum participation limitation period as  | 
| 102 | provided in subparagraph (b)1. When establishing eligibility of  | 
| 103 | the member to participate in the DROP for the 60-month or, with  | 
| 104 | respect to members who are instructional personnel employed by  | 
| 105 | the Florida School for the Deaf and the Blind and who have  | 
| 106 | received authorization by the Board of Trustees of the Florida  | 
| 107 | School for the Deaf and the Blind to participate in the DROP  | 
| 108 | beyond 60 months, or who are instructional personnel as defined  | 
| 109 | in s. 1012.01(2)(a)-(d) in grades K-12 and who have received  | 
| 110 | authorization by the district school superintendent to  | 
| 111 | participate in the DROP beyond 60 months, the 96-month maximum  | 
| 112 | participation period, the member may elect to include or exclude  | 
| 113 | any optional service credit purchased by the member from the  | 
| 114 | total service used to establish the normal retirement date. A  | 
| 115 | member with dual normal retirement dates is shall be eligible to  | 
| 116 | elect to participate in DROP within 12 months after attaining  | 
| 117 | normal retirement date in either class. | 
| 118 |      3.  The employer of a member electing to participate in the  | 
| 119 | DROP, or employers if dually employed, shall acknowledge in  | 
| 120 | writing to the division the date the member's participation in  | 
| 121 | the DROP begins and the date the member's employment and DROP  | 
| 122 | participation will terminate. | 
| 123 |      4.  Simultaneous employment of a participant by additional  | 
| 124 | Florida Retirement System employers subsequent to the  | 
| 125 | commencement of participation in the DROP is shall be  | 
| 126 | permissible provided such employers acknowledge in writing a  | 
| 127 | DROP termination date no later than the participant's existing  | 
| 128 | termination date or the 60-month participation limitation period  | 
| 129 | as provided in subparagraph (b)1. | 
| 130 |      5.  A DROP participant may change employers while  | 
| 131 | participating in the DROP, subject to the following: | 
| 132 |      a.  A change of employment must take place without a break  | 
| 133 | in service so that the member receives salary for each month of  | 
| 134 | continuous DROP participation. If a member receives no salary  | 
| 135 | during a month, DROP participation shall cease unless the  | 
| 136 | employer verifies a continuation of the employment relationship  | 
| 137 | for such participant pursuant to s. 121.021(39)(b). | 
| 138 |      b.  Such participant and new employer shall notify the  | 
| 139 | division of the identity of the new employer on forms required  | 
| 140 | by the division as to the identity of the new employer. | 
| 141 |      c.  The new employer shall acknowledge, in writing, the  | 
| 142 | participant's DROP termination date, which may be extended but  | 
| 143 | not beyond the original 60-month or, with respect to members who  | 
| 144 | are instructional personnel employed by the Florida School for  | 
| 145 | the Deaf and the Blind and who have received authorization by  | 
| 146 | the Board of Trustees of the Florida School for the Deaf and the  | 
| 147 | Blind to participate in the DROP beyond 60 months, or who are  | 
| 148 | instructional personnel as defined in s. 1012.01(2)(a)-(d) in  | 
| 149 | grades K-12 and who have received authorization by the district  | 
| 150 | school superintendent to participate in the DROP beyond 60  | 
| 151 | months, the 96-month maximum participation period provided in  | 
| 152 | subparagraph (b)1., shall acknowledge liability for any  | 
| 153 | additional retirement contributions and interest required if the  | 
| 154 | participant fails to timely terminate employment, and shall be  | 
| 155 | subject to the adjustment required in sub-subparagraph (c)5.d. | 
| 156 |      6.  Effective July 1, 2001, for instructional personnel as  | 
| 157 | defined in s. 1012.01 s. 1012.01(2), election to participate in  | 
| 158 | the DROP may shall be made at any time following the date on  | 
| 159 | which the member first reaches normal retirement date. The  | 
| 160 | member shall advise his or her employer and the division in  | 
| 161 | writing of the date on which the DROP Deferred Retirement Option  | 
| 162 | Program shall begin. When establishing eligibility of the member  | 
| 163 | to participate in the DROP for the 60-month or, with respect to  | 
| 164 | members who are instructional personnel employed by the Florida  | 
| 165 | School for the Deaf and the Blind and who have received  | 
| 166 | authorization by the Board of Trustees of the Florida School for  | 
| 167 | the Deaf and the Blind to participate in the DROP beyond 60  | 
| 168 | months, or who are instructional personnel as defined in s.  | 
| 169 | 1012.01(2)(a)-(d) in grades K-12 and who have received  | 
| 170 | authorization by the district school superintendent to  | 
| 171 | participate in the DROP beyond 60 months, the 96-month maximum  | 
| 172 | participation period, as provided in subparagraph (b)1., the  | 
| 173 | member may elect to include or exclude any optional service  | 
| 174 | credit purchased by the member from the total service used to  | 
| 175 | establish the normal retirement date. A member with dual normal  | 
| 176 | retirement dates is shall be eligible to elect to participate in  | 
| 177 | either class. | 
| 178 |      (b)  Participation in the DROP.-- | 
| 179 |      1.  An eligible member may elect to participate in the DROP  | 
| 180 | for a period not to exceed a maximum of 60 calendar months or,  | 
| 181 | with respect to members who are instructional personnel employed  | 
| 182 | by the Florida School for the Deaf and the Blind and who have  | 
| 183 | received authorization by the Board of Trustees of the Florida  | 
| 184 | School for the Deaf and the Blind to participate in the DROP  | 
| 185 | beyond 60 months, or who are instructional personnel as defined  | 
| 186 | in s. 1012.01(2)(a)-(d) in prekindergarten through grade 12 who  | 
| 187 | are funded through the Florida Education Finance Program and  | 
| 188 | employed by a public school grades K-12 and who have received  | 
| 189 | authorization by the district school superintendent to  | 
| 190 | participate in the DROP beyond 60 calendar months, or who are  | 
| 191 | instructional personnel as defined in s. 1012.01(2)(a)-(d) in  | 
| 192 | prekindergarten through grade 12 who are funded through the  | 
| 193 | Florida Education Finance Program and employed by a charter  | 
| 194 | school and who have received authorization from the governing  | 
| 195 | board of the charter school to participate in the DROP beyond 60  | 
| 196 | calendar months, 96 calendar months immediately following the  | 
| 197 | date on which the member first reaches his or her normal  | 
| 198 | retirement date or the date to which he or she is eligible to  | 
| 199 | defer his or her election to participate as provided in  | 
| 200 | subparagraph (a)2. However, a member who has reached normal  | 
| 201 | retirement date prior to the effective date of the DROP is shall  | 
| 202 | be eligible to participate in the DROP for up to for a period of  | 
| 203 | time not to exceed 60 calendar months or, with respect to  | 
| 204 | members who are instructional personnel employed by the Florida  | 
| 205 | School for the Deaf and the Blind and who have received  | 
| 206 | authorization by the Board of Trustees of the Florida School for  | 
| 207 | the Deaf and the Blind to participate in the DROP beyond 60  | 
| 208 | months, or who are instructional personnel as defined in s.  | 
| 209 | 1012.01(2)(a)-(d) in grades K-12 and who have received  | 
| 210 | authorization by the district school superintendent to  | 
| 211 | participate in the DROP beyond 60 calendar months, 96 calendar  | 
| 212 | months, as appropriate, immediately following the effective date  | 
| 213 | of the DROP, except that a member of the Special Risk Class who  | 
| 214 | has reached normal retirement date prior to the effective date  | 
| 215 | of the DROP and whose total accrued value exceeds 75 percent of  | 
| 216 | average final compensation as of his or her effective date of  | 
| 217 | retirement may shall be eligible to participate in the DROP for  | 
| 218 | no more than 36 calendar months immediately following the  | 
| 219 | effective date of the DROP. | 
| 220 |      2.  Upon deciding to participate in the DROP, the member  | 
| 221 | shall submit, on forms required by the division: | 
| 222 |      a.  A written election to participate in the DROP; | 
| 223 |      b.  Selection of the DROP participation and termination  | 
| 224 | dates, which satisfy the limitations stated in paragraph (a) and  | 
| 225 | subparagraph 1. The Such termination date must shall be in a  | 
| 226 | binding letter of resignation to with the employer, establishing  | 
| 227 | a deferred termination date. The member may change the  | 
| 228 | termination date within the limitations of subparagraph 1., but  | 
| 229 | only with the written approval of the his or her employer; | 
| 230 |      c.  A properly completed DROP application for service  | 
| 231 | retirement as provided in this section; and | 
| 232 |      d.  Any other information required by the division. | 
| 233 |      3.  The DROP participant shall be a retiree under the  | 
| 234 | Florida Retirement System for all purposes, except for paragraph  | 
| 235 | (5)(f) and subsection (9) and ss. 112.3173, 112.363, 121.053,  | 
| 236 | and 121.122. However, participation in the DROP does not alter  | 
| 237 | the participant's employment status and the member is such  | 
| 238 | employee shall not be deemed retired from employment until his  | 
| 239 | or her deferred resignation is effective and termination occurs  | 
| 240 | as provided in s. 121.021(39). | 
| 241 |      4.  Elected officers shall be eligible to participate in  | 
| 242 | the DROP subject to the following: | 
| 243 |      a.  An elected officer who reaches normal retirement date  | 
| 244 | during a term of office may defer the election to participate in  | 
| 245 | the DROP until the next succeeding term in that office. An Such  | 
| 246 | elected officer who exercises this option may participate in the  | 
| 247 | DROP for up to 60 calendar months or for a period of no longer  | 
| 248 | than the such succeeding term of office, whichever is less. | 
| 249 |      b.  An elected or a nonelected participant may run for a  | 
| 250 | term of office while participating in DROP and, if elected,  | 
| 251 | extend the DROP termination date accordingly, except that,  | 
| 252 | however, if such additional term of office exceeds the 60-month  | 
| 253 | limitation established in subparagraph 1., and the officer does  | 
| 254 | not resign from office within the such 60-month limitation, the  | 
| 255 | retirement and the participant's DROP shall be null and void as  | 
| 256 | provided in sub-subparagraph (c)5.d. | 
| 257 |      c.  An elected officer who is dually employed and elects to  | 
| 258 | participate in DROP shall be required to satisfy the definition  | 
| 259 | of termination within the 60-month or, with respect to members  | 
| 260 | who are instructional personnel employed by the Florida School  | 
| 261 | for the Deaf and the Blind and who have received authorization  | 
| 262 | by the Board of Trustees of the Florida School for the Deaf and  | 
| 263 | the Blind to participate in the DROP beyond 60 months, or who  | 
| 264 | are instructional personnel as defined in s. 1012.01(2)(a)-(d)  | 
| 265 | in grades K-12 and who have received authorization by the  | 
| 266 | district school superintendent to participate in the DROP beyond  | 
| 267 | 60 months, the 96-month maximum participation limitation period  | 
| 268 | as provided in subparagraph 1. for the nonelected position and  | 
| 269 | may continue employment as an elected officer as provided in s.  | 
| 270 | 121.053. The elected officer shall will be enrolled as a renewed  | 
| 271 | member in the Elected Officers' Class or the Regular Class, as  | 
| 272 | provided in ss. 121.053 and 121.122, on the first day of the  | 
| 273 | month after termination of employment in the nonelected position  | 
| 274 | and termination of DROP. Distribution of the DROP benefits shall  | 
| 275 | be made as provided in paragraph (c). | 
| 276 |      Section 2.  Paragraph (d) of subsection (6), paragraph (b)  | 
| 277 | of subsection (7), paragraph (l) of subsection (9), paragraph  | 
| 278 | (a) of subsection (10), paragraphs (b) and (c) of subsection  | 
| 279 | (17), paragraph (e) of subsection (18), and paragraph (a) of  | 
| 280 | subsection (20) of section 1002.33, Florida Statutes, are  | 
| 281 | amended to read: | 
| 282 |      1002.33  Charter schools.-- | 
| 283 |      (6)  APPLICATION PROCESS AND REVIEW.--Charter school  | 
| 284 | applications are subject to the following requirements: | 
| 285 |      (d)  For charter school applications in school districts  | 
| 286 | that have not been granted exclusive authority to sponsor  | 
| 287 | charter schools pursuant to s. 1002.335(5), the right to appeal  | 
| 288 | an application denial under paragraph (c) shall be contingent on  | 
| 289 | the applicant having submitted the same or a substantially  | 
| 290 | similar application to the district school board and the Florida  | 
| 291 | Schools of Excellence Commission or one of its cosponsors. Any  | 
| 292 | such applicant whose application is denied by the commission or  | 
| 293 | one of its cosponsors and subsequent to its denial by the  | 
| 294 | district school board may exercise its right to appeal the  | 
| 295 | district school board's denial under paragraph (c) within 30  | 
| 296 | days after receipt of the commission's or cosponsor's denial or  | 
| 297 | failure to act on the application. However, the applicant  | 
| 298 | forfeits its right to appeal under paragraph (c) if it fails to  | 
| 299 | submit its application to the commission or one of its  | 
| 300 | cosponsors by August 1 of the school year immediately following  | 
| 301 | the district school board's denial of the application. | 
| 302 |      (7)  CHARTER.--The major issues involving the operation of  | 
| 303 | a charter school shall be considered in advance and written into  | 
| 304 | the charter. The charter shall be signed by the governing body  | 
| 305 | of the charter school and the sponsor, following a public  | 
| 306 | hearing to ensure community input. | 
| 307 |      (b)1.  A charter may be renewed if provided that a program  | 
| 308 | review demonstrates that the criteria in paragraph (a) have been  | 
| 309 | successfully accomplished and that none of the grounds for  | 
| 310 | nonrenewal established by paragraph (8)(a) has been documented.  | 
| 311 | In order to facilitate long-term financing for charter school  | 
| 312 | construction, charter schools operating for a minimum of 3 years  | 
| 313 | and demonstrating exemplary academic programming and fiscal  | 
| 314 | management must be provided the option of are eligible for a 15- | 
| 315 | year charter renewal. A Such long-term charter is subject to  | 
| 316 | annual review and may be terminated during the term of the  | 
| 317 | charter. | 
| 318 |      2.  The 15-year charter renewal must be offered by a  | 
| 319 | sponsor that may be granted pursuant to subparagraph 1. shall be  | 
| 320 | granted to a charter school that has received a school grade of  | 
| 321 | "A" or "B" pursuant to s. 1008.34 in 3 of the past 4 years and  | 
| 322 | is not in a state of financial emergency or deficit position as  | 
| 323 | defined by this section. Such long-term charter is subject to  | 
| 324 | annual review and may be terminated during the term of the  | 
| 325 | charter pursuant to subsection (8). | 
| 326 |      (9)  CHARTER SCHOOL REQUIREMENTS.-- | 
| 327 |      (l)  The governing body of the charter school shall report  | 
| 328 | its progress annually to its sponsor, which shall forward the  | 
| 329 | report to the Commissioner of Education at the same time as  | 
| 330 | other annual school accountability reports. The Department of  | 
| 331 | Education shall develop a uniform, online annual accountability  | 
| 332 | report format to be completed by charter schools. This report  | 
| 333 | shall be easy to utilize and contain demographic information,  | 
| 334 | student performance data, and financial accountability  | 
| 335 | information. A charter school may directly access, complete, and  | 
| 336 | correct school data and information in the online accountability  | 
| 337 | report. The sponsor shall review the report before final  | 
| 338 | submission to shall not be required to provide information and  | 
| 339 | data that is duplicative and already in the possession of the  | 
| 340 | department. The department of Education shall include in its  | 
| 341 | compilation a notation if a school failed to file its report by  | 
| 342 | the deadline established by the department. The report shall  | 
| 343 | include at least the following components: | 
| 344 |      1.  Student achievement performance data, including the  | 
| 345 | information required for the annual school report and the  | 
| 346 | education accountability system governed by ss. 1008.31 and  | 
| 347 | 1008.345. Charter schools are subject to the same accountability  | 
| 348 | requirements as other public schools, including reports of  | 
| 349 | student achievement information that links baseline student data  | 
| 350 | to the school's performance projections identified in the  | 
| 351 | charter. The charter school shall identify reasons for any  | 
| 352 | difference between projected and actual student performance. | 
| 353 |      2.  Financial status of the charter school which must  | 
| 354 | include revenues and expenditures at a level of detail that  | 
| 355 | allows for analysis of the school's ability to meet financial  | 
| 356 | obligations and timely repayment of debt. | 
| 357 |      3.  Documentation of the facilities in current use and any  | 
| 358 | planned facilities for use by the charter school for instruction  | 
| 359 | of students, administrative functions, or investment purposes. | 
| 360 |      4.  Descriptive information about the charter school's  | 
| 361 | personnel, including salary and benefit levels of charter school  | 
| 362 | employees, the proportion of instructional personnel who hold  | 
| 363 | professional or temporary certificates, and the proportion of  | 
| 364 | instructional personnel teaching in-field or out-of-field. | 
| 365 |      (10)  ELIGIBLE STUDENTS.-- | 
| 366 |      (a)  A charter school shall be open to any student covered  | 
| 367 | in an interdistrict agreement or residing in the school district  | 
| 368 | in which the charter school is located; however, in the case of  | 
| 369 | a charter lab school, the charter lab school shall be open to  | 
| 370 | any student eligible to attend the lab school as provided in s.  | 
| 371 | 1002.32 or who resides in the school district in which the  | 
| 372 | charter lab school is located. Any eligible student shall be  | 
| 373 | allowed interdistrict transfer to attend a charter school when  | 
| 374 | based on good cause. Good cause shall include, but not be  | 
| 375 | limited to, geographic proximity to a charter school in a  | 
| 376 | neighboring school district. | 
| 377 |      (17)  FUNDING.--Students enrolled in a charter school,  | 
| 378 | regardless of the sponsorship, shall be funded as if they are in  | 
| 379 | a basic program or a special program, the same as students  | 
| 380 | enrolled in other public schools in the school district. Funding  | 
| 381 | for a charter lab school shall be as provided in s. 1002.32. | 
| 382 |      (b)  The basis for the agreement for funding students  | 
| 383 | enrolled in a charter school shall be the sum of the school  | 
| 384 | district's operating funds from the Florida Education Finance  | 
| 385 | Program as provided in s. 1011.62 and the General Appropriations  | 
| 386 | Act, including gross state and local funds, discretionary  | 
| 387 | lottery funds, and funds from the school district's current  | 
| 388 | operating discretionary millage levy; divided by total funded  | 
| 389 | weighted full-time equivalent students in the school district;  | 
| 390 | multiplied by the weighted full-time equivalent students for the  | 
| 391 | charter school. Charter schools whose students or programs meet  | 
| 392 | the eligibility criteria in law shall be entitled to their  | 
| 393 | proportionate share of categorical program funds included in the  | 
| 394 | total funds available in the Florida Education Finance Program  | 
| 395 | by the Legislature, including transportation. Total funding for  | 
| 396 | each charter school shall be recalculated during the year to  | 
| 397 | reflect the revised calculations under the Florida Education  | 
| 398 | Finance Program by the state and the actual weighted full-time  | 
| 399 | equivalent students reported by the charter school during the  | 
| 400 | full-time equivalent student survey periods designated by the  | 
| 401 | Commissioner of Education. Florida Education Finance Program  | 
| 402 | funds for a charter school must be distributed to the charter  | 
| 403 | school by the sponsor within 10 days after receipt by the state. | 
| 404 |      (c)  If the sponsor district school board is providing  | 
| 405 | programs or services to students funded by federal funds, any  | 
| 406 | eligible students enrolled in charter schools in the school  | 
| 407 | district shall be provided federal funds for the same level of  | 
| 408 | service provided students in the schools operated by the  | 
| 409 | district school board. Pursuant to provisions of 20 U.S.C. 8061  | 
| 410 | s. 10306, all charter schools shall receive all federal funding  | 
| 411 | for which the school is otherwise eligible, including Title I  | 
| 412 | funding and funding under the Individuals with Disabilities  | 
| 413 | Education Act, not later than 5 months after the charter school  | 
| 414 | first opens and within 5 months after any subsequent expansion  | 
| 415 | of enrollment. | 
| 416 |      (18)  FACILITIES.-- | 
| 417 |      (e)  If a district school board facility or property is  | 
| 418 | available because it is surplus, marked for disposal, or  | 
| 419 | otherwise unused, it shall be provided for a charter school's  | 
| 420 | use on the same basis as it is made available to other public  | 
| 421 | schools in the district. If a school district closes a public  | 
| 422 | school, the property and facilities must first be made available  | 
| 423 | within 60 days, for lease or purchase, to charter schools within  | 
| 424 | the district to be used for educational purposes. A charter  | 
| 425 | school receiving property from the school district may not sell  | 
| 426 | or dispose of such property without written permission of the  | 
| 427 | school district. Similarly, for an existing public school  | 
| 428 | converting to charter status, no rental or leasing fee for the  | 
| 429 | existing facility or for the property normally inventoried to  | 
| 430 | the conversion school may be charged by the district school  | 
| 431 | board to the parents and teachers organizing the charter school.  | 
| 432 | The charter school shall agree to reasonable maintenance  | 
| 433 | provisions in order to maintain the facility in a manner similar  | 
| 434 | to district school board standards. The Public Education Capital  | 
| 435 | Outlay maintenance funds or any other maintenance funds  | 
| 436 | generated by the facility operated as a conversion school shall  | 
| 437 | remain with the conversion school. | 
| 438 |      (20)  SERVICES.-- | 
| 439 |      (a)  A sponsor shall provide certain administrative and  | 
| 440 | educational services to charter schools. These services shall  | 
| 441 | include contract management services; full-time equivalent and  | 
| 442 | data reporting services; exceptional student education  | 
| 443 | administration services; services related to eligibility and  | 
| 444 | reporting duties required to ensure that school lunch services  | 
| 445 | under the federal lunch program, consistent with the needs of  | 
| 446 | the charter school, are provided by the school district at the  | 
| 447 | request of the charter school, that any funds due the charter  | 
| 448 | school under the federal lunch program be paid to the charter  | 
| 449 | school as soon as the charter school begins serving food under  | 
| 450 | the federal lunch program, and that the charter school is paid  | 
| 451 | at the same time and in the same manner under the federal lunch  | 
| 452 | program as other public schools serviced by the sponsor or  | 
| 453 | school district; test administration services, including payment  | 
| 454 | of the costs of state-required or district-required student  | 
| 455 | assessments; processing of teacher certificate data services;  | 
| 456 | and information services, including equal access to student  | 
| 457 | information systems that are used by public schools in the  | 
| 458 | district in which the charter school is located. Student  | 
| 459 | performance data for each student in a charter school,  | 
| 460 | including, but not limited to, FCAT scores, standardized test  | 
| 461 | scores, previous public school student report cards, and student  | 
| 462 | performance measures, shall be provided by the sponsor to a  | 
| 463 | charter school in the same manner provided to other public  | 
| 464 | schools in the district. A total administrative fee for the  | 
| 465 | provision of such services shall be calculated based upon up to  | 
| 466 | 5 percent of the available funds defined in paragraph (17)(b)  | 
| 467 | for all students. However, a sponsor may only withhold up to a  | 
| 468 | 5-percent administrative fee for enrollment for up to and  | 
| 469 | including 500 students. For charter schools with a population of  | 
| 470 | 501 or more students, the difference between the total  | 
| 471 | administrative fee calculation and the amount of the  | 
| 472 | administrative fee withheld may only be used for capital outlay  | 
| 473 | purposes specified in s. 1013.62(2). Sponsors shall not charge  | 
| 474 | charter schools any additional fees or surcharges for  | 
| 475 | administrative and educational services in addition to the  | 
| 476 | maximum 5-percent administrative fee withheld pursuant to this  | 
| 477 | paragraph. | 
| 478 |      Section 3.  Paragraph (b) of subsection (2) of section  | 
| 479 | 1003.03, Florida Statutes, is amended to read: | 
| 480 |      1003.03  Maximum class size.-- | 
| 481 |      (2)  IMPLEMENTATION.-- | 
| 482 |      (b)  Determination of the number of students per classroom  | 
| 483 | in paragraph (a) shall be calculated as follows: | 
| 484 |      1.  For fiscal years 2003-2004 through 2005-2006, the  | 
| 485 | calculation for compliance for each of the 3 grade groupings  | 
| 486 | shall be the average at the district level. | 
| 487 |      2.  For fiscal years 2006-2007 through 2007-2008, the  | 
| 488 | calculation for compliance for each of the 3 grade groupings  | 
| 489 | shall be the average at the school level. | 
| 490 |      3.  For fiscal years 2008-2009, 2009-2010, and thereafter,  | 
| 491 | the calculation for compliance shall be at the individual  | 
| 492 | classroom level. However, the calculation for compliance for  | 
| 493 | charter schools, public school magnet programs, or other public  | 
| 494 | school parental choice programs shall remain the average at the  | 
| 495 | school level or program level. | 
| 496 |      4.  For fiscal years 2006-2007 through 2009-2010 and  | 
| 497 | thereafter, each teacher assigned to any classroom shall be  | 
| 498 | included in the calculation for compliance. | 
| 499 |      Section 4.  Subsection (2) of section 1011.71, Florida  | 
| 500 | Statutes, is amended to read: | 
| 501 |      1011.71  District school tax.-- | 
| 502 |      (2)  In addition to the maximum millage levy as provided in  | 
| 503 | subsection (1), each school board may levy not more than 2 mills  | 
| 504 | against the taxable value for school purposes for district  | 
| 505 | schools, including charter schools at the discretion of the  | 
| 506 | school board, to fund: | 
| 507 |      (a)  New construction and remodeling projects, as set forth  | 
| 508 | in s. 1013.64(3)(b) and (6)(b) and included in the district's  | 
| 509 | educational plant survey pursuant to s. 1013.31, without regard  | 
| 510 | to prioritization, sites and site improvement or expansion to  | 
| 511 | new sites, existing sites, auxiliary facilities, athletic  | 
| 512 | facilities, or ancillary facilities. | 
| 513 |      (b)  Maintenance, renovation, and repair of existing school  | 
| 514 | plants or of leased facilities to correct deficiencies pursuant  | 
| 515 | to s. 1013.15(2). | 
| 516 |      (c)  The purchase, lease-purchase, or lease of school  | 
| 517 | buses. | 
| 518 |      (d)  The purchase, lease-purchase, or lease of new and  | 
| 519 | replacement equipment. | 
| 520 |      (e)  Payments for educational facilities and sites due  | 
| 521 | under a lease-purchase agreement entered into by a district  | 
| 522 | school board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not  | 
| 523 | exceeding, in the aggregate, an amount equal to three-fourths of  | 
| 524 | the proceeds from the millage levied by a district school board  | 
| 525 | pursuant to this subsection. | 
| 526 |      (f)  Payment of loans approved pursuant to ss. 1011.14 and  | 
| 527 | 1011.15. | 
| 528 |      (g)  Payment of costs directly related to complying with  | 
| 529 | state and federal environmental statutes, rules, and regulations  | 
| 530 | governing school facilities. | 
| 531 |      (h)  Payment of costs of leasing relocatable educational  | 
| 532 | facilities, of renting or leasing educational facilities and  | 
| 533 | sites pursuant to s. 1013.15(2), or of renting or leasing  | 
| 534 | buildings or space within existing buildings pursuant to s.  | 
| 535 | 1013.15(4). | 
| 536 |      (i)  Payment of the cost of school buses when a school  | 
| 537 | district contracts with a private entity to provide student  | 
| 538 | transportation services if the district meets the requirements  | 
| 539 | of this paragraph. | 
| 540 |      1.  The district's contract must require that the private  | 
| 541 | entity purchase, lease-purchase, or lease, and operate and  | 
| 542 | maintain, one or more school buses of a specific type and size  | 
| 543 | that meet the requirements of s. 1006.25. | 
| 544 |      2.  Each such school bus must be used for the daily  | 
| 545 | transportation of public school students in the manner required  | 
| 546 | by the school district. | 
| 547 |      3.  Annual payment for each such school bus may not exceed  | 
| 548 | 10 percent of the purchase price of the state pool bid. | 
| 549 |      4.  The proposed expenditure of the funds for this purpose  | 
| 550 | must have been included in the district school board's notice of  | 
| 551 | proposed tax for school capital outlay as provided in s.  | 
| 552 | 200.065(10). | 
| 553 |      (j)  Payment of the cost of the opening day collection for  | 
| 554 | the library media center of a new school. | 
| 555 |      Section 5.  Paragraph (f) is added to subsection (2) of  | 
| 556 | section 1013.62, Florida Statutes, to read: | 
| 557 |      1013.62  Charter schools capital outlay funding.-- | 
| 558 |      (2)  A charter school's governing body may use charter  | 
| 559 | school capital outlay funds for the following purposes: | 
| 560 |      (f)  Any of the purposes set forth in s. 1011.71(2). | 
| 561 | 
  | 
| 562 | Conversion charter schools may use capital outlay funds received  | 
| 563 | through the reduction in the administrative fee provided in s.  | 
| 564 | 1002.33(20) for renovation, repair, and maintenance of school  | 
| 565 | facilities that are owned by the sponsor. | 
| 566 |      Section 6.  This act shall take effect July 1, 2008. |