Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1852
                                Barcode 883798                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/08/2012           .                                

       The Committee on Education Pre-K - 12 (Wise) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (h) of subsection (6) of section
    6  163.3180, Florida Statutes, is amended to read:
    7         163.3180 Concurrency.—
    8         (6)
    9         (h)1. In order to limit the liability of local governments,
   10  a local government may allow a landowner to proceed with
   11  development of a specific parcel of land notwithstanding a
   12  failure of the development to satisfy school concurrency, if all
   13  the following factors are shown to exist:
   14         a. The proposed development would be consistent with the
   15  future land use designation for the specific property and with
   16  pertinent portions of the adopted local plan, as determined by
   17  the local government.
   18         b. The local government’s capital improvements element and
   19  the school board’s educational facilities plan provide for
   20  school facilities adequate to serve the proposed development,
   21  and the local government or school board has not implemented
   22  that element or the project includes a plan that demonstrates
   23  that the capital facilities needed as a result of the project
   24  can be reasonably provided.
   25         c. The local government and school board have provided a
   26  means by which the landowner will be assessed a proportionate
   27  share of the cost of providing the school facilities necessary
   28  to serve the proposed development.
   29         2. If a local government applies school concurrency, it may
   30  not deny an application for site plan, final subdivision
   31  approval, or the functional equivalent for a development or
   32  phase of a development authorizing residential development for
   33  failure to achieve and maintain the level-of-service standard
   34  for public school capacity in a local school concurrency
   35  management system where adequate school facilities will be in
   36  place or under actual construction within 3 years after the
   37  issuance of final subdivision or site plan approval, or the
   38  functional equivalent. School concurrency is satisfied if the
   39  developer executes a legally binding commitment to provide
   40  mitigation proportionate to the demand for public school
   41  facilities to be created by actual development of the property,
   42  including, but not limited to, the options described in sub
   43  subparagraph a. Options for proportionate-share mitigation of
   44  impacts on public school facilities must be established in the
   45  comprehensive plan and the interlocal agreement pursuant to s.
   46  163.31777.
   47         a. Appropriate mitigation options include the contribution
   48  of land; the construction, expansion, or payment for land
   49  acquisition or construction of a public school facility; the
   50  construction of a charter school that complies with the
   51  requirements of s. 1002.33(19) 1002.33(18); or the creation of
   52  mitigation banking based on the construction of a public school
   53  facility in exchange for the right to sell capacity credits.
   54  Such options must include execution by the applicant and the
   55  local government of a development agreement that constitutes a
   56  legally binding commitment to pay proportionate-share mitigation
   57  for the additional residential units approved by the local
   58  government in a development order and actually developed on the
   59  property, taking into account residential density allowed on the
   60  property prior to the plan amendment that increased the overall
   61  residential density. The district school board must be a party
   62  to such an agreement. As a condition of its entry into such a
   63  development agreement, the local government may require the
   64  landowner to agree to continuing renewal of the agreement upon
   65  its expiration.
   66         b. If the interlocal agreement and the local government
   67  comprehensive plan authorize a contribution of land; the
   68  construction, expansion, or payment for land acquisition; the
   69  construction or expansion of a public school facility, or a
   70  portion thereof; or the construction of a charter school that
   71  complies with the requirements of s. 1002.33(19) 1002.33(18), as
   72  proportionate-share mitigation, the local government shall
   73  credit such a contribution, construction, expansion, or payment
   74  toward any other impact fee or exaction imposed by local
   75  ordinance for the same need, on a dollar-for-dollar basis at
   76  fair market value.
   77         c. Any proportionate-share mitigation must be directed by
   78  the school board toward a school capacity improvement identified
   79  in the 5-year school board educational facilities plan that
   80  satisfies the demands created by the development in accordance
   81  with a binding developer’s agreement.
   82         3. This paragraph does not limit the authority of a local
   83  government to deny a development permit or its functional
   84  equivalent pursuant to its home rule regulatory powers, except
   85  as provided in this part.
   86         Section 2. Paragraph (c) of subsection (9) of section
   87  1002.32, Florida Statutes, is amended to read:
   88         1002.32 Developmental research (laboratory) schools.—
   89         (9) FUNDING.—Funding for a lab school, including a charter
   90  lab school, shall be provided as follows:
   91         (c) All operating funds provided under this section shall
   92  be deposited in a Lab School Trust Fund and shall be expended
   93  for the purposes of this section. The university assigned a lab
   94  school shall be the fiscal agent for these funds, and all rules
   95  of the university governing the budgeting and expenditure of
   96  state funds shall apply to these funds unless otherwise provided
   97  by law or rule of the State Board of Education. The university
   98  board of trustees shall be the public employer of lab school
   99  personnel for collective bargaining purposes for lab schools in
  100  operation prior to the 2002-2003 fiscal year. Employees of
  101  charter lab schools authorized prior to June 1, 2003, but not in
  102  operation prior to the 2002-2003 fiscal year shall be employees
  103  of the entity holding the charter and must comply with the
  104  provisions of s. 1002.33(13) 1002.33(12).
  105         Section 3. Subsection (1), paragraph (b) of subsection (5),
  106  paragraph (c) of subsection (6), paragraph (a) of subsection
  107  (7), paragraphs (b) and (g) of present subsection (9),
  108  paragraphs (d), (e), (h), and (i) of present subsection (10),
  109  present subsection (13), paragraphs (b) and (c) of present
  110  subsection (15), present subsection (17), paragraph (a) of
  111  present subsection (20), and present subsection (23) of section
  112  1002.33, Florida Statutes, are amended, present subsections (9)
  113  through (27) of that section are redesignated as subsections
  114  (10) through (28), respectively, and a new subsection (9) is
  115  added to that section, to read:
  116         1002.33 Charter schools.—
  117         (1) AUTHORIZATION.—Charter schools shall be part of the
  118  state’s program of public education. All charter schools in
  119  Florida are public schools. A charter school may be formed by
  120  creating a new school or converting an existing public school to
  121  charter status. A charter school may operate a virtual charter
  122  school pursuant to s. 1002.45(1)(d) to provide full-time online
  123  instruction to eligible students, pursuant to s. 1002.455, in
  124  kindergarten through grade 12. A charter school must amend its
  125  charter or submit a new application pursuant to subsection (6)
  126  to become a virtual charter school. A virtual charter school is
  127  subject to the requirements of this section; however, a virtual
  128  charter school is exempt from subsections (19) (18) and (20)
  129  (19), subparagraphs (21)(a)2.-5. (20)(a)2.-5., paragraph (21)(c)
  130  (20)(c), and s. 1003.03. A public school may not use the term
  131  charter in its name unless it has been approved under this
  132  section.
  133         (5) SPONSOR; DUTIES.—
  134         (b) Sponsor duties.—
  135         1.a. The sponsor shall monitor and review the charter
  136  school in its progress toward the goals established in the
  137  charter.
  138         b. The sponsor shall monitor the revenues and expenditures
  139  of the charter school and perform the duties provided in s.
  140  1002.345.
  141         c. The sponsor may approve a charter for a charter school
  142  before the applicant has identified space, equipment, or
  143  personnel, if the applicant indicates approval is necessary for
  144  it to raise working funds.
  145         d. The sponsor’s policies and procedures and previous
  146  school board decisions, which are not consistent with the
  147  requirements in this section, shall not apply to a charter
  148  school unless mutually agreed to by both the sponsor and the
  149  charter school.
  150         e. The sponsor shall ensure that the charter is innovative
  151  and consistent with the state education goals established by s.
  152  1000.03(5).
  153         f. The sponsor shall ensure that the charter school
  154  participates in the state’s education accountability system. If
  155  a charter school falls short of performance measures included in
  156  the approved charter, the sponsor shall report such shortcomings
  157  to the Department of Education.
  158         g. The sponsor is shall not be liable for civil damages
  159  under state law for personal injury, property damage, or death
  160  resulting from an act or omission of an officer, employee,
  161  agent, or governing body of the charter school.
  162         h. The sponsor is shall not be liable for civil damages
  163  under state law for any employment actions taken by an officer,
  164  employee, agent, or governing body of the charter school.
  165         i. The sponsor’s duties to monitor the charter school shall
  166  not constitute the basis for a private cause of action.
  167         j. The sponsor shall not impose additional reporting
  168  requirements beyond those contained in this section on a charter
  169  school without providing reasonable and specific justification
  170  in writing to the charter school.
  171         2. Immunity for the sponsor of a charter school under
  172  subparagraph 1. applies only with respect to acts or omissions
  173  not under the sponsor’s direct authority as described in this
  174  section.
  175         3. This paragraph does not waive a district school board’s
  176  sovereign immunity.
  177         4. A Florida College System institution may work with the
  178  school district or school districts in its designated service
  179  area to develop charter schools that offer secondary education.
  180  These charter schools must include an option for students to
  181  receive an associate degree upon high school graduation. If a
  182  Florida College System institution operates an approved teacher
  183  preparation program under s. 1004.04 or s. 1004.85, the Florida
  184  College System institution may operate no more than one charter
  185  school that serves students in kindergarten through grade 12 in
  186  each school district in which the Florida College System
  187  institution serves. District school boards shall cooperate with
  188  and assist the Florida College System institution on the charter
  189  application. Florida College System institution applications for
  190  charter schools are not subject to the time deadlines outlined
  191  in subsection (6) and may be approved by the district school
  192  board at any time during the year. Florida College System
  193  institutions may not report FTE for any students who receive FTE
  194  funding through the Florida Education Finance Program.
  195         (6) APPLICATION PROCESS AND REVIEW.—Charter school
  196  applications are subject to the following requirements:
  197         (c)1. An applicant may appeal any denial of that
  198  applicant’s application or failure to act on an application to
  199  the State Board of Education no later than 30 calendar days
  200  after receipt of the sponsor’s decision or failure to act and
  201  shall notify the sponsor of its appeal. Any response of the
  202  sponsor shall be submitted to the State Board of Education
  203  within 30 calendar days after notification of the appeal. Upon
  204  receipt of notification from the State Board of Education that a
  205  charter school applicant is filing an appeal, the Commissioner
  206  of Education shall convene a meeting of the Charter School
  207  Appeal Commission to study and make recommendations to the State
  208  Board of Education regarding its pending decision about the
  209  appeal. The commission shall forward its recommendation to the
  210  state board no later than 7 calendar days prior to the date on
  211  which the appeal is to be heard.
  212         2. The Charter School Appeal Commission may reject an
  213  appeal submission for failure to comply with procedural rules
  214  governing the appeals process. The rejection shall describe the
  215  submission errors. The appellant shall have 15 calendar days
  216  after notice of rejection in which to resubmit an appeal that
  217  meets the requirements set forth in State Board of Education
  218  rule. An appeal submitted subsequent to such rejection is
  219  considered timely if the original appeal was filed within 30
  220  calendar days after receipt of notice of the specific reasons
  221  for the sponsor’s denial of the charter application.
  222         3.a. The State Board of Education shall by majority vote
  223  accept or reject the decision of the sponsor no later than 90
  224  calendar days after an appeal is filed in accordance with State
  225  Board of Education rule. The State Board of Education shall
  226  remand the application to the sponsor with its written decision
  227  that the sponsor approve or deny the application. The sponsor
  228  shall implement the decision of the State Board of Education.
  229  The decision of the State Board of Education is not subject to
  230  the provisions of the Administrative Procedure Act, chapter 120.
  231         b. If an appeal concerns an application submitted by a
  232  high-performing charter school identified pursuant to s.
  233  1002.331, the State Board of Education shall determine whether
  234  the sponsor has shown, by clear and convincing evidence, that:
  235         (I) The application does not materially comply with the
  236  requirements in paragraph (a);
  237         (II) The charter school proposed in the application does
  238  not materially comply with the requirements in paragraphs
  239  (10)(a)-(f) (9)(a)-(f);
  240         (III) The proposed charter school’s educational program
  241  does not substantially replicate that of the applicant or one of
  242  the applicant’s high-performing charter schools;
  243         (IV) The applicant has made a material misrepresentation or
  244  false statement or concealed an essential or material fact
  245  during the application process; or
  246         (V) The proposed charter school’s educational program and
  247  financial management practices do not materially comply with the
  248  requirements of this section.
  250  The State Board of Education shall approve or reject the
  251  sponsor’s denial of an application no later than 90 calendar
  252  days after an appeal is filed in accordance with State Board of
  253  Education rule. The State Board of Education shall remand the
  254  application to the sponsor with its written decision that the
  255  sponsor approve or deny the application. The sponsor shall
  256  implement the decision of the State Board of Education. The
  257  decision of the State Board of Education is not subject to the
  258  Administrative Procedure Act, chapter 120.
  259         (7) CHARTER.—The major issues involving the operation of a
  260  charter school shall be considered in advance and written into
  261  the charter. The charter shall be signed by the governing board
  262  of the charter school and the sponsor, following a public
  263  hearing to ensure community input.
  264         (a) The charter shall address and criteria for approval of
  265  the charter shall be based on:
  266         1. The school’s mission, the students to be served, and the
  267  ages and grades to be included.
  268         2. The focus of the curriculum, the instructional methods
  269  to be used, any distinctive instructional techniques to be
  270  employed, and identification and acquisition of appropriate
  271  technologies needed to improve educational and administrative
  272  performance which include a means for promoting safe, ethical,
  273  and appropriate uses of technology which comply with legal and
  274  professional standards.
  275         a. The charter shall ensure that reading is a primary focus
  276  of the curriculum and that resources are provided to identify
  277  and provide specialized instruction for students who are reading
  278  below grade level. The curriculum and instructional strategies
  279  for reading must be consistent with the Sunshine State Standards
  280  and grounded in scientifically based reading research.
  281         b. In order to provide students with access to diverse
  282  instructional delivery models, to facilitate the integration of
  283  technology within traditional classroom instruction, and to
  284  provide students with the skills they need to compete in the
  285  21st century economy, the Legislature encourages instructional
  286  methods for blended learning courses consisting of both
  287  traditional classroom and online instructional techniques.
  288  Charter schools may implement blended learning courses that
  289  which combine traditional classroom instruction and virtual
  290  instruction. Students in a blended learning course must be full
  291  time students of the charter school and receive the online
  292  instruction in a classroom setting at the charter school.
  293  Instructional personnel certified pursuant to s. 1012.55 who
  294  provide virtual instruction for blended learning courses may be
  295  employees of the charter school or may be under contract to
  296  provide instructional services to charter school students. At a
  297  minimum, such instructional personnel must hold an active state
  298  or school district adjunct certification under s. 1012.57 for
  299  the subject area of the blended learning course. The funding and
  300  performance accountability requirements for blended learning
  301  courses are the same as those for traditional courses.
  302         3. The current incoming baseline standard of student
  303  academic achievement, the outcomes to be achieved, and the
  304  method of measurement that will be used. The criteria listed in
  305  this subparagraph shall include a detailed description of:
  306         a. How the baseline student academic achievement levels and
  307  prior rates of academic progress will be established.
  308         b. How these baseline rates will be compared to rates of
  309  academic progress achieved by these same students while
  310  attending the charter school.
  311         c. To the extent possible, how these rates of progress will
  312  be evaluated and compared with rates of progress of other
  313  closely comparable student populations.
  315  The district school board is required to provide academic
  316  student performance data to charter schools for each of their
  317  students coming from the district school system, as well as
  318  rates of academic progress of comparable student populations in
  319  the district school system. If academic student performance data
  320  cannot be provided to a charter school, the district school
  321  board shall provide the charter school with training and access
  322  to the school district’s student achievement databases.
  323         4. The methods used to identify the educational strengths
  324  and needs of students and how well educational goals and
  325  performance standards are met by students attending the charter
  326  school. The methods shall provide a means for the charter school
  327  to ensure accountability to its constituents by analyzing
  328  student performance data and by evaluating the effectiveness and
  329  efficiency of its major educational programs. Students in
  330  charter schools shall, at a minimum, participate in the
  331  statewide assessment program created under s. 1008.22.
  332         5. In secondary charter schools, a method for determining
  333  that a student has satisfied the requirements for graduation in
  334  s. 1003.428, s. 1003.429, or s. 1003.43.
  335         6. A method for resolving conflicts between the governing
  336  board of the charter school and the sponsor.
  337         7. The admissions procedures and dismissal procedures,
  338  including the school’s code of student conduct.
  339         8. The ways by which the school will achieve a
  340  racial/ethnic balance reflective of the community it serves or
  341  within the racial/ethnic range of other public schools in the
  342  same school district.
  343         9. The financial and administrative management of the
  344  school, including a reasonable demonstration of the professional
  345  experience or competence of those individuals or organizations
  346  applying to operate the charter school or those hired or
  347  retained to perform such professional services and the
  348  description of clearly delineated responsibilities and the
  349  policies and practices needed to effectively manage the charter
  350  school. A description of internal audit procedures and
  351  establishment of controls to ensure that financial resources are
  352  properly managed must be included. Both public sector and
  353  private sector professional experience shall be equally valid in
  354  such a consideration.
  355         10. The asset and liability projections required in the
  356  application which are incorporated into the charter and shall be
  357  compared with information provided in the annual report of the
  358  charter school.
  359         11. A description of procedures that identify various risks
  360  and provide for a comprehensive approach to reduce the impact of
  361  losses; plans to ensure the safety and security of students and
  362  staff; plans to identify, minimize, and protect others from
  363  violent or disruptive student behavior; and the manner in which
  364  the school will be insured, including whether or not the school
  365  will be required to have liability insurance, and, if so, the
  366  terms and conditions thereof and the amounts of coverage.
  367         12. The term of the charter, which shall provide for
  368  cancellation of the charter if insufficient progress has been
  369  made in attaining the student achievement objectives of the
  370  charter and if it is not likely that such objectives can be
  371  achieved before expiration of the charter. The initial term of a
  372  charter shall be for 4 or 5 years. In order to facilitate access
  373  to long-term financial resources for charter school
  374  construction, charter schools that are operated by a
  375  municipality or other public entity as provided by law are
  376  eligible for up to a 15-year charter, subject to approval by the
  377  district school board. A charter lab school is eligible for a
  378  charter for a term of up to 15 years. In addition, to facilitate
  379  access to long-term financial resources for charter school
  380  construction, charter schools that are operated by a private,
  381  not-for-profit, s. 501(c)(3) status corporation are eligible for
  382  up to a 15-year charter, subject to approval by the district
  383  school board. Such long-term charters remain subject to annual
  384  review and may be terminated during the term of the charter, but
  385  only according to the provisions set forth in subsection (8).
  386         13. The facilities to be used and their location.
  387         14. The qualifications to be required of the teachers and
  388  the potential strategies used to recruit, hire, train, and
  389  retain qualified staff to achieve best value.
  390         15. The governance structure of the school, including the
  391  status of the charter school as a public or private employer as
  392  required in paragraph (13)(i) (12)(i).
  393         16. A timetable for implementing the charter which
  394  addresses the implementation of each element thereof and the
  395  date by which the charter shall be awarded in order to meet this
  396  timetable.
  397         17. In the case of an existing public school that is being
  398  converted to charter status, alternative arrangements for
  399  current students who choose not to attend the charter school and
  400  for current teachers who choose not to teach in the charter
  401  school after conversion in accordance with the existing
  402  collective bargaining agreement or district school board rule in
  403  the absence of a collective bargaining agreement. However,
  404  alternative arrangements are shall not be required for current
  405  teachers who choose not to teach in a charter lab school, except
  406  as authorized by the employment policies of the state university
  407  that which grants the charter to the lab school.
  408         18. Full disclosure of the identity of all relatives
  409  employed by the charter school who are related to the charter
  410  school owner, president, chairperson of the governing board of
  411  directors, superintendent, governing board member, principal,
  412  assistant principal, or any other person employed by the charter
  413  school who has equivalent decisionmaking authority. For the
  414  purpose of this subparagraph, the term “relative” means father,
  415  mother, son, daughter, brother, sister, uncle, aunt, first
  416  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  417  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  418  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  419  stepsister, half brother, or half sister.
  420         19. Implementation of the activities authorized under s.
  421  1002.331 or s. 1002.332 by the charter school when it satisfies
  422  the eligibility requirements for a high-performing charter
  423  school. A high-performing charter school shall notify its
  424  sponsor in writing by March 1 if it intends to increase
  425  enrollment or expand grade levels the following school year. The
  426  written notice shall specify the amount of the enrollment
  427  increase and the grade levels that will be added, as applicable.
  428         (9) FORMAL GRIEVANCES; MEDIATION.—A charter school or
  429  sponsor may file a formal grievance with the Department of
  430  Education and request mediation if the charter school or sponsor
  431  is unable to resolve any outstanding issues between the charter
  432  school and the sponsor. Upon the filing of such formal grievance
  433  and request for mediation, any activities associated with the
  434  closing of a charter school shall cease until a resolution is
  435  reached, unless the charter is terminated pursuant to paragraph
  436  (8)(d).
  437         (10)(9) CHARTER SCHOOL REQUIREMENTS.—
  438         (b) A charter school shall admit students as provided in
  439  subsection (11) (10).
  440         (g) In order to provide financial information that is
  441  comparable to that reported for other public schools, charter
  442  schools are to maintain all financial records that constitute
  443  their accounting system:
  444         1. In accordance with the accounts and codes prescribed in
  445  the most recent issuance of the publication titled “Financial
  446  and Program Cost Accounting and Reporting for Florida Schools”;
  447  or
  448         2. At the discretion of the charter school’s governing
  449  board, a charter school may elect to follow generally accepted
  450  accounting standards for not-for-profit organizations, but must
  451  reformat this information for reporting according to this
  452  paragraph.
  454  Charter schools shall provide annual financial report and
  455  program cost report information in the state-required formats
  456  for inclusion in district reporting in compliance with s.
  457  1011.60(1). Charter schools that are operated by a municipality
  458  or are a component unit of a parent nonprofit organization may
  459  use the accounting system of the municipality or the parent but
  460  must reformat this information for reporting according to this
  461  paragraph. A charter school shall provide a monthly financial
  462  statement to the sponsor unless the charter school is designated
  463  as a high-performing charter school pursuant to s. 1002.331 or
  464  s. 1002.332, in which case the high-performing charter school
  465  may provide a quarterly financial statement. The financial
  466  statement required under this paragraph shall be in a form
  467  prescribed by the Department of Education.
  468         (11)(10) ELIGIBLE STUDENTS.—
  469         (d) A charter school may give enrollment preference to the
  470  following student populations:
  471         1. Students who are siblings of a student enrolled in the
  472  charter school.
  473         2. Students who are the children of a member of the
  474  governing board of the charter school.
  475         3. Students who are the children of an employee of the
  476  charter school.
  477         4. Students who are the children of:
  478         a. An employee of the business partner of a charter school
  479  in-the-workplace established under paragraph (16)(b) (15)(b) or
  480  a resident of the municipality in which such charter school is
  481  located; or
  482         b. A resident of a municipality that operates a charter
  483  school-in-a-municipality pursuant to paragraph (16)(c) (15)(c).
  484         5. Students who have successfully completed a voluntary
  485  prekindergarten education program under ss. 1002.51-1002.79
  486  provided by the charter school or the charter school’s governing
  487  board during the previous year.
  488         6. Students who are the children of an active duty member
  489  of any branch of the United States Armed Forces.
  490         (e) A charter school may limit the enrollment process only
  491  to target the following student populations:
  492         1. Students within specific age groups or grade levels.
  493         2. Students considered at risk of dropping out of school or
  494  academic failure. Such students shall include exceptional
  495  education students.
  496         3. Students enrolling in a charter school-in-the-workplace
  497  or charter school-in-a-municipality established pursuant to
  498  subsection (16) (15).
  499         4. Students residing within a reasonable distance of the
  500  charter school, as described in paragraph (21)(c) (20)(c). Such
  501  students shall be subject to a random lottery and to the
  502  racial/ethnic balance provisions described in subparagraph
  503  (7)(a)8. or any federal provisions that require a school to
  504  achieve a racial/ethnic balance reflective of the community it
  505  serves or within the racial/ethnic range of other public schools
  506  in the same school district.
  507         5. Students who meet reasonable academic, artistic, or
  508  other eligibility standards established by the charter school
  509  and included in the charter school application and charter or,
  510  in the case of existing charter schools, standards that are
  511  consistent with the school’s mission and purpose. Such standards
  512  shall be in accordance with current state law and practice in
  513  public schools and may not discriminate against otherwise
  514  qualified individuals.
  515         6. Students articulating from one charter school to another
  516  pursuant to an articulation agreement between the charter
  517  schools that has been approved by the sponsor.
  518         7. Students living in a development in which a business
  519  entity provides the school facility and related property having
  520  an appraised value of at least $10 million to be used as a
  521  charter school for the development. Students living in the
  522  development shall be entitled to 50 percent of the student
  523  stations in the charter school. The students who are eligible
  524  for enrollment are subject to a random lottery, the
  525  racial/ethnic balance provisions, or any federal provisions, as
  526  described in subparagraph 4. The remainder of the student
  527  stations shall be filled in accordance with subparagraph 4.
  528         (h) The capacity of the charter school shall be determined
  529  annually by the governing board, in conjunction with the
  530  sponsor, of the charter school in consideration of the factors
  531  identified in this subsection unless the charter school is
  532  designated as a high-performing charter school pursuant to s.
  533  1002.331 or s. 1002.332. A sponsor may not require a charter
  534  school to waive the provisions of s. 1002.331 or s. 1002.332 or
  535  require a student enrollment cap that prohibits a high
  536  performing charter school from increasing enrollment in
  537  accordance with s. 1002.331(2) or s. 1002.332(2)(c) as a
  538  condition of approval or renewal of a charter.
  539         (i) The capacity of a high-performing charter school
  540  identified pursuant to s. 1002.331 or s. 1002.332 shall be
  541  determined annually by the governing board of the charter
  542  school. The governing board shall notify the sponsor of any
  543  increase in enrollment by March 1 of the school year preceding
  544  the increase.
  545         (14)(13) CHARTER SCHOOL COOPERATIVES.—Charter schools may
  546  enter into cooperative agreements to form charter school
  547  cooperative organizations that may provide the following
  548  services: charter school planning and development, direct
  549  instructional services, and contracts with charter school
  550  governing boards to provide personnel administrative services,
  551  payroll services, human resource management, evaluation and
  552  assessment services, teacher preparation, and professional
  553  development. A charter school cooperative organization that
  554  includes high-performing charter schools, a consortium of
  555  charter schools, or individual charter schools may submit a
  556  professional development plan on behalf of its member schools to
  557  the State Board of Education for the purpose of meeting
  558  continuing education requirements.
  561         (b) A charter school-in-the-workplace may be established
  562  when a business partner provides the school facility to be used;
  563  enrolls students based upon a random lottery that involves all
  564  of the children of employees of that business or corporation who
  565  are seeking enrollment, as provided for in subsection (11) (10);
  566  and enrolls students according to the racial/ethnic balance
  567  provisions described in subparagraph (7)(a)8. Any portion of a
  568  facility used for a public charter school shall be exempt from
  569  ad valorem taxes, as provided for in s. 1013.54, for the
  570  duration of its use as a public school.
  571         (c) A charter school-in-a-municipality designation may be
  572  granted to a municipality that possesses a charter; enrolls
  573  students based upon a random lottery that involves all of the
  574  children of the residents of that municipality who are seeking
  575  enrollment, as provided for in subsection (11) (10); and enrolls
  576  students according to the racial/ethnic balance provisions
  577  described in subparagraph (7)(a)8. When a municipality has
  578  submitted charter applications for the establishment of a
  579  charter school feeder pattern, consisting of elementary, middle,
  580  and senior high schools, and each individual charter application
  581  is approved by the district school board, such schools shall
  582  then be designated as one charter school for all purposes listed
  583  pursuant to this section. Any portion of the land and facility
  584  used for a public charter school shall be exempt from ad valorem
  585  taxes, as provided for in s. 1013.54, for the duration of its
  586  use as a public school.
  587         (18)(17) FUNDING.—Students enrolled in a charter school,
  588  regardless of the sponsorship, shall be funded as if they are in
  589  a basic program or a special program, the same as students
  590  enrolled in other public schools in the school district. Funding
  591  for a charter lab school shall be as provided in s. 1002.32.
  592         (a) Each charter school shall report its student enrollment
  593  to the sponsor as required in s. 1011.62, and in accordance with
  594  the definitions in s. 1011.61. The sponsor shall include each
  595  charter school’s enrollment in the district’s report of student
  596  enrollment. All charter schools submitting student record
  597  information required by the Department of Education shall comply
  598  with the Department of Education’s guidelines for electronic
  599  data formats for such data, and all districts shall accept
  600  electronic data that complies with the Department of Education’s
  601  electronic format.
  602         (b) The basis for the agreement for funding students
  603  enrolled in a charter school shall be the sum of the school
  604  district’s operating funds from the Florida Education Finance
  605  Program as provided in s. 1011.62 and the General Appropriations
  606  Act, including gross state and local funds, discretionary
  607  lottery funds, and funds from the school district’s current
  608  operating discretionary millage levy; divided by total funded
  609  weighted full-time equivalent students in the school district;
  610  multiplied by the weighted full-time equivalent students for the
  611  charter school. Charter schools whose students or programs meet
  612  the eligibility criteria in law shall be entitled to their
  613  proportionate share of categorical program funds included in the
  614  total funds available in the Florida Education Finance Program
  615  by the Legislature, including transportation. Total funding for
  616  each charter school shall be recalculated during the year to
  617  reflect the revised calculations under the Florida Education
  618  Finance Program by the state and the actual weighted full-time
  619  equivalent students reported by the charter school during the
  620  full-time equivalent student survey periods designated by the
  621  Commissioner of Education.
  622         (c) Each district school board may annually proportionately
  623  share the revenue generated by the millage levy pursuant to s.
  624  1011.71(2) with charter schools in the school district on a per
  625  student basis. If a district school board does not
  626  proportionately share the revenue generated by the millage levy
  627  pursuant to s. 1011.71(2), the Florida Education Finance Program
  628  allocation for that school district shall be recalculated so
  629  that each charter school in the school district receives, on a
  630  per-student basis, the same amount of funds that it would have
  631  received if the district school board shared the millage levy
  632  revenue with charter schools on a per-student, pro rata basis.
  633  The school district shall, within 30 days after receipt,
  634  distribute the recalculated funds to each charter school in the
  635  district. Charter schools may use these recalculated funds only
  636  for capital outlay purposes.
  637         (d)(c) If the district school board is providing programs
  638  or services to students funded by federal funds, any eligible
  639  students enrolled in charter schools in the school district
  640  shall be provided federal funds for the same level of service
  641  provided students in the schools operated by the district school
  642  board. All federal funds received by a district school board for
  643  the benefit of charter schools, charter school students, or
  644  charter school students as public school students in the school
  645  district, including, but not limited to, Title I, Title II, and
  646  IDEA funds, shall be paid in total to charter schools within 60
  647  days after receipt by the district school board. Pursuant to
  648  provisions of 20 U.S.C. 8061 s. 10306, all charter schools shall
  649  receive all federal funding for which the school is otherwise
  650  eligible, including Title I funding, not later than 5 months
  651  after the charter school first opens and within 5 months after
  652  any subsequent expansion of enrollment.
  653         (e)(d) Charter schools shall be included by the Department
  654  of Education and the district school board in requests for
  655  federal stimulus funds in the same manner as district school
  656  board-operated public schools, including Title I and IDEA funds
  657  and shall be entitled to receive such funds. Charter schools are
  658  eligible to participate in federal competitive grants that are
  659  available as part of the federal stimulus funds.
  660         (f)(e) District school boards shall make timely and
  661  efficient payment and reimbursement to charter schools,
  662  including processing paperwork required to access special state
  663  and federal funding for which they may be eligible. The district
  664  school board may distribute funds to a charter school for up to
  665  3 months based on the projected full-time equivalent student
  666  membership of the charter school. Thereafter, the results of
  667  full-time equivalent student membership surveys shall be used in
  668  adjusting the amount of funds distributed monthly to the charter
  669  school for the remainder of the fiscal year. The payment shall
  670  be issued no later than 10 working days after the district
  671  school board receives a distribution of state or federal funds.
  672  If a warrant for payment is not issued within 10 working days
  673  after receipt of funding by the district school board, the
  674  school district shall pay to the charter school, in addition to
  675  the amount of the scheduled disbursement, interest at a rate of
  676  1 percent per month calculated on a daily basis on the unpaid
  677  balance from the expiration of the 10 working days until such
  678  time as the warrant is issued.
  679         (g)(f) Funding for a virtual charter school shall be as
  680  provided in s. 1002.45(7).
  681         (21)(20) SERVICES.—
  682         (a)1. A sponsor shall provide certain administrative and
  683  educational services to charter schools. These services shall
  684  include contract management services; full-time equivalent and
  685  data reporting services; exceptional student education
  686  administration services; services related to eligibility and
  687  reporting duties required to ensure that school lunch services
  688  under the federal lunch program, consistent with the needs of
  689  the charter school, are provided by the school district at the
  690  request of the charter school, that any funds due to the charter
  691  school under the federal lunch program be paid to the charter
  692  school as soon as the charter school begins serving food under
  693  the federal lunch program, and that the charter school is paid
  694  at the same time and in the same manner under the federal lunch
  695  program as other public schools serviced by the sponsor or the
  696  school district; test administration services, including payment
  697  of the costs of state-required or district-required student
  698  assessments; processing of teacher certificate data services;
  699  and information services, including equal access to student
  700  information systems that are used by public schools in the
  701  district in which the charter school is located. Student
  702  performance data for each student in a charter school,
  703  including, but not limited to, FCAT scores, standardized test
  704  scores, previous public school student report cards, and student
  705  performance measures, shall be provided by the sponsor to a
  706  charter school in the same manner provided to other public
  707  schools in the district.
  708         2. A total administrative fee for the provision of such
  709  services shall be calculated based upon up to 5 percent of the
  710  available funds defined in paragraph (18)(b) (17)(b) for all
  711  students. However, a sponsor may only withhold up to a 5-percent
  712  administrative fee for enrollment for up to and including 250
  713  students. For charter schools with a population of 251 or more
  714  students, the difference between the total administrative fee
  715  calculation and the amount of the administrative fee withheld
  716  may only be used for capital outlay purposes specified in s.
  717  1013.62(2).
  718         3. For high-performing charter schools, as defined in ch.
  719  2011-232, a sponsor may withhold a total administrative fee of
  720  up to 2 percent for enrollment up to and including 250 students
  721  per school.
  722         4. In addition, a sponsor may withhold only up to a 5
  723  percent administrative fee for enrollment for up to and
  724  including 500 students within a system of charter schools which
  725  meets all of the following:
  726         a. Includes both conversion charter schools and
  727  nonconversion charter schools;
  728         b. Has all schools located in the same county;
  729         c. Has a total enrollment exceeding the total enrollment of
  730  at least one school district in the state;
  731         d. Has the same governing board; and
  732         e. Does not contract with a for-profit service provider for
  733  management of school operations.
  734         5. The difference between the total administrative fee
  735  calculation and the amount of the administrative fee withheld
  736  pursuant to subparagraph 4. may be used for instructional and
  737  administrative purposes as well as for capital outlay purposes
  738  specified in s. 1013.62(2).
  739         6. For a high-performing charter school system that also
  740  meets the requirements in subparagraph 4., a sponsor may
  741  withhold a 2-percent administrative fee for enrollments up to
  742  and including 500 students per system.
  743         7. Sponsors shall not charge charter schools any additional
  744  fees or surcharges for administrative and educational services
  745  in addition to the maximum 5-percent administrative fee withheld
  746  pursuant to this paragraph.
  747         8. The sponsor of a virtual charter school may withhold a
  748  fee of up to 5 percent. The funds shall be used to cover the
  749  cost of services provided under subparagraph 1. and for the
  750  school district’s local instructional improvement system
  751  pursuant to s. 1006.281 or other technological tools that are
  752  required to access electronic and digital instructional
  753  materials.
  755  receipt of the annual report required by paragraph (10)(k)
  756  (9)(k), the Department of Education shall provide to the State
  757  Board of Education, the Commissioner of Education, the Governor,
  758  the President of the Senate, and the Speaker of the House of
  759  Representatives an analysis and comparison of the overall
  760  performance of charter school students, to include all students
  761  whose scores are counted as part of the statewide assessment
  762  program, versus comparable public school students in the
  763  district as determined by the statewide assessment program
  764  currently administered in the school district, and other
  765  assessments administered pursuant to s. 1008.22(3).
  766         Section 4. Paragraph (c) of subsection (1), paragraph (c)
  767  of subsection (2), and paragraph (b) of subsection (3) of
  768  section 1002.331, Florida Statutes, are amended to read:
  769         1002.331 High-performing charter schools.—
  770         (1) A charter school is a high-performing charter school if
  771  it:
  772         (c) Did not receive a financial audit that revealed one or
  773  more of the financial emergency conditions set forth in s.
  774  218.503(1) in the most recent 3 fiscal years for which such
  775  audits are available. However, this requirement is deemed met
  776  for a charter school-in-the-workplace if there is a finding in
  777  an audit that the school has the monetary resources available to
  778  cover any reported deficiency or that the deficiency does not
  779  result in a deteriorating financial condition pursuant to s.
  780  1002.345(1)(a)3.
  782  A virtual charter school established under s. 1002.33 is not
  783  eligible for designation as a high-performing charter school.
  784         (2) A high-performing charter school is authorized to:
  785         (c) Submit a quarterly, rather than a monthly, financial
  786  statement to the sponsor pursuant to s. 1002.33(10)(g)
  787  1002.33(9)(g).
  789  A high-performing charter school shall notify its sponsor in
  790  writing by March 1 if it intends to increase enrollment or
  791  expand grade levels the following school year. The written
  792  notice shall specify the amount of the enrollment increase and
  793  the grade levels that will be added, as applicable.
  794         (3)
  795         (b) A high-performing charter school may not establish more
  796  than three one charter schools school within the state under
  797  paragraph (a) in any year. A subsequent application to establish
  798  a charter school under paragraph (a) may not be submitted unless
  799  each charter school established in this manner achieves high
  800  performing charter school status.
  801         Section 5. Paragraph (c) is added to subsection (2) of
  802  section 1002.332, Florida Statutes, to read:
  803         1002.332 High-performing charter school system.—
  804         (2)
  805         (c) A high-performing charter school that is part of a
  806  high-performing charter school system may:
  807         1. Increase its student enrollment once per school year by
  808  up to 15 percent more than the capacity identified in the
  809  charter.
  810         2. Expand grade levels within kindergarten through grade 12
  811  to add grade levels not already served if any annual enrollment
  812  increase resulting from grade level expansion is within the
  813  limit established in subparagraph 1.
  814         3. Submit a quarterly, rather than a monthly, financial
  815  statement to the sponsor pursuant to s. 1002.33(10)(g).
  816         4. Consolidate under a single charter the charters of
  817  multiple high-performing charter schools operated in the same
  818  school district by the charter schools’ governing boards,
  819  regardless of the renewal cycle.
  820         5. Receive a modification of its charter to a term of 15
  821  years or a 15-year charter renewal. The charter may be modified
  822  or renewed for a shorter term at the option of the high
  823  performing charter school. The charter must be consistent with
  824  s. 1002.33(7)(a)19. and (11)(h) and (i), is subject to annual
  825  review by the sponsor, and may be terminated during its term
  826  pursuant to s. 1002.33(8).
  828  A high-performing charter school that is part of a high
  829  performing charter school system shall notify its sponsor in
  830  writing by March 1 if it intends to increase enrollment or
  831  expand grade levels the following school year. The written
  832  notice shall specify the amount of the enrollment increase and
  833  the grade levels that will be added, as applicable.
  834         Section 6. Paragraph (c) of subsection (10) and subsection
  835  (13) of section 1002.34, Florida Statutes, are amended to read:
  836         1002.34 Charter technical career centers.—
  837         (10) EXEMPTION FROM STATUTES.—
  838         (c) A center must comply with the antidiscrimination
  839  provisions in s. 1000.05 and the provisions in s. 1002.33(25)
  840  1002.33(24) which relate to the employment of relatives.
  841         (13) BOARD OF DIRECTORS AUTHORITY.—The board of directors
  842  of a center may decide matters relating to the operation of the
  843  school, including budgeting, curriculum, and operating
  844  procedures, subject to the center’s charter. The board of
  845  directors is responsible for performing the duties provided in
  846  s. 1002.345, including monitoring the corrective action plan.
  847  The board of directors must comply with s. 1002.33(27)
  848  1002.33(26).
  849         Section 7. Paragraphs (a) and (d) of subsection (1) and
  850  paragraph (b) of subsection (2) of section 1002.345, Florida
  851  Statutes, are amended to read:
  852         1002.345 Determination of deteriorating financial
  853  conditions and financial emergencies for charter schools and
  854  charter technical career centers.—This section applies to
  855  charter schools operating pursuant to s. 1002.33 and to charter
  856  technical career centers operating pursuant to s. 1002.34.
  858         (a) A charter school or a charter technical career center
  859  is subject to an expedited review by the sponsor if one of the
  860  following occurs:
  861         1. Failure to provide for an audit required by s. 218.39.
  862         2. Failure to comply with reporting requirements pursuant
  863  to s. 1002.33(10) 1002.33(9) or s. 1002.34(11)(f) or (14).
  864         3. A deteriorating financial condition identified through
  865  an annual audit pursuant to s. 218.39(5) or a monthly financial
  866  statement pursuant to s. 1002.33(10)(g) 1002.33(9)(g) or s.
  867  1002.34(11)(f). “Deteriorating financial condition” means a
  868  circumstance that significantly impairs the ability of a charter
  869  school or a charter technical career center to generate enough
  870  revenues to meet its expenditures without causing the occurrence
  871  of a condition described in s. 218.503(1).
  872         4. Notification pursuant to s. 218.503(2) that one or more
  873  of the conditions specified in s. 218.503(1) have occurred or
  874  will occur if action is not taken to assist the charter school
  875  or charter technical career center.
  876         (d) The governing board shall include the corrective action
  877  plan and the status of its implementation in the annual progress
  878  report to the sponsor which is required pursuant to s.
  879  1002.33(10)(k) 1002.33(9)(k) or s. 1002.34(14).
  881         (b) The governing board shall include the financial
  882  recovery plan and the status of its implementation in the annual
  883  progress report to the sponsor which is required under s.
  884  1002.33(10)(k) 1002.33(9)(k) or s. 1002.34(14).
  885         Section 8. Section 1011.68, Florida Statutes, is amended to
  886  read:
  887         1011.68 Funds for student transportation.—The annual
  888  allocation to each district for transportation to public school
  889  programs, including charter schools as provided in s.
  890  1002.33(18)(b) 1002.33(17)(b), of students in membership in
  891  kindergarten through grade 12 and in migrant and exceptional
  892  student programs below kindergarten shall be determined as
  893  follows:
  894         (1) Subject to the rules of the State Board of Education,
  895  each district shall determine the membership of students who are
  896  transported:
  897         (a) By reason of living 2 miles or more from school.
  898         (b) By reason of being students with disabilities or
  899  enrolled in a teenage parent program, regardless of distance to
  900  school.
  901         (c) By reason of being in a state prekindergarten program,
  902  regardless of distance from school.
  903         (d) By reason of being career, dual enrollment, or students
  904  with disabilities transported from one school center to another
  905  to participate in an instructional program or service; or
  906  students with disabilities, transported from one designation to
  907  another in the state, provided one designation is a school
  908  center and provided the student’s individual educational plan
  909  (IEP) identifies the need for the instructional program or
  910  service and transportation to be provided by the school
  911  district. A “school center” is defined as a public school
  912  center, Florida College System institution, state university, or
  913  other facility rented, leased, or owned and operated by the
  914  school district or another public agency. A “dual enrollment
  915  student” is defined as a public school student in membership in
  916  both a public secondary school program and a Florida College
  917  System institution or a state university program under a written
  918  agreement to partially fulfill ss. 1003.435 and 1007.23 and
  919  earning full-time equivalent membership under s. 1011.62(1)(i).
  920         (e) With respect to elementary school students whose grade
  921  level does not exceed grade 6, by reason of being subjected to
  922  hazardous walking conditions en route to or from school as
  923  provided in s. 1006.23. Such rules shall, when appropriate,
  924  provide for the determination of membership under this paragraph
  925  for less than 1 year to accommodate the needs of students who
  926  require transportation only until such hazardous conditions are
  927  corrected.
  928         (f) By reason of being a pregnant student or student
  929  parent, and the child of a student parent as provided in s.
  930  1003.54, regardless of distance from school.
  931         (2) The allocation for each district shall be calculated
  932  annually in accordance with the following formula:
  934  T = B + EX. The elements of this formula are defined as follows:
  935  T is the total dollar allocation for transportation. B is the
  936  base transportation dollar allocation prorated by an adjusted
  937  student membership count. The adjusted membership count shall be
  938  derived from a multiplicative index function in which the base
  939  student membership is adjusted by multiplying it by index
  940  numbers that individually account for the impact of the price
  941  level index, average bus occupancy, and the extent of rural
  942  population in the district. EX is the base transportation dollar
  943  allocation for disabled students prorated by an adjusted
  944  disabled student membership count. The base transportation
  945  dollar allocation for disabled students is the total state base
  946  disabled student membership count weighted for increased costs
  947  associated with transporting disabled students and multiplying
  948  it by an average per student cost for transportation as
  949  determined by the Legislature. The adjusted disabled student
  950  membership count shall be derived from a multiplicative index
  951  function in which the weighted base disabled student membership
  952  is adjusted by multiplying it by index numbers that individually
  953  account for the impact of the price level index, average bus
  954  occupancy, and the extent of rural population in the district.
  955  Each adjustment factor shall be designed to affect the base
  956  allocation by no more or less than 10 percent.
  957         (3) The total allocation to each district for
  958  transportation of students shall be the sum of the amounts
  959  determined in subsection (2). If the funds appropriated for the
  960  purpose of implementing this section are not sufficient to pay
  961  the base transportation allocation and the base transportation
  962  allocation for disabled students, the Department of Education
  963  shall prorate the available funds on a percentage basis. If the
  964  funds appropriated for the purpose of implementing this section
  965  exceed the sum of the base transportation allocation and the
  966  base transportation allocation for disabled students, the base
  967  transportation allocation for disabled students shall be limited
  968  to the amount calculated in subsection (2), and the remaining
  969  balance shall be added to the base transportation allocation.
  970         (4) No district shall use funds to purchase transportation
  971  equipment and supplies at prices which exceed those determined
  972  by the department to be the lowest which can be obtained, as
  973  prescribed in s. 1006.27(1).
  974         (5) Funds allocated or apportioned for the payment of
  975  student transportation services may be used to pay for
  976  transportation of students to and from school on local general
  977  purpose transportation systems. Student transportation funds may
  978  also be used to pay for transportation of students to and from
  979  school in private passenger cars and boats when the
  980  transportation is for isolated students, or students with
  981  disabilities as defined by rule. Subject to the rules of the
  982  State Board of Education, each school district shall determine
  983  and report the number of assigned students using general purpose
  984  transportation private passenger cars and boats. The allocation
  985  per student must be equal to the allocation per student riding a
  986  school bus.
  987         (6) Notwithstanding other provisions of this section, in no
  988  case shall any student or students be counted for transportation
  989  funding more than once per day. This provision includes counting
  990  students for funding pursuant to trips in school buses,
  991  passenger cars, or boats or general purpose transportation.
  992         Section 9. Paragraph (b) of subsection (2) of section
  993  1012.32, Florida Statutes, is amended to read:
  994         1012.32 Qualifications of personnel.—
  995         (2)
  996         (b) Instructional and noninstructional personnel who are
  997  hired or contracted to fill positions in any charter school and
  998  members of the governing board of any charter school, in
  999  compliance with s. 1002.33(13)(g) 1002.33(12)(g), must, upon
 1000  employment, engagement of services, or appointment, undergo
 1001  background screening as required under s. 1012.465 or s.
 1002  1012.56, whichever is applicable, by filing with the district
 1003  school board for the school district in which the charter school
 1004  is located a complete set of fingerprints taken by an authorized
 1005  law enforcement agency or an employee of the school or school
 1006  district who is trained to take fingerprints.
 1008  Fingerprints shall be submitted to the Department of Law
 1009  Enforcement for statewide criminal and juvenile records checks
 1010  and to the Federal Bureau of Investigation for federal criminal
 1011  records checks. A person subject to this subsection who is found
 1012  ineligible for employment under s. 1012.315, or otherwise found
 1013  through background screening to have been convicted of any crime
 1014  involving moral turpitude as defined by rule of the State Board
 1015  of Education, shall not be employed, engaged to provide
 1016  services, or serve in any position that requires direct contact
 1017  with students. Probationary persons subject to this subsection
 1018  terminated because of their criminal record have the right to
 1019  appeal such decisions. The cost of the background screening may
 1020  be borne by the district school board, the charter school, the
 1021  employee, the contractor, or a person subject to this
 1022  subsection.
 1023         Section 10. Paragraphs (a) and (e) of subsection (1) and
 1024  subsection (2) of section 1013.62, Florida Statutes, are amended
 1025  to read:
 1026         1013.62 Charter schools capital outlay funding.—
 1027         (1) In each year in which funds are appropriated for
 1028  charter school capital outlay purposes, the Commissioner of
 1029  Education shall allocate the funds among eligible charter
 1030  schools.
 1031         (a) To be eligible for a funding allocation, a charter
 1032  school must:
 1033         1.a. Have been in operation for 3 or more years;
 1034         b. Be governed by a governing board established in the
 1035  state for 3 or more years which operates both charter schools
 1036  and conversion charter schools within the state;
 1037         c. Be an expanded feeder chain of a charter school within
 1038  the same school district that is currently receiving charter
 1039  school capital outlay funds;
 1040         d. Have been accredited by the Commission on Schools of the
 1041  Southern Association of Colleges and Schools; or
 1042         e. Serve students in facilities that are provided by a
 1043  business partner for a charter school-in-the-workplace pursuant
 1044  to s. 1002.33(16)(b) 1002.33(15)(b).
 1045         2. Have financial stability for future operation as a
 1046  charter school.
 1047         3. Have satisfactory student achievement based on state
 1048  accountability standards applicable to the charter school.
 1049         4. Have received final approval from its sponsor pursuant
 1050  to s. 1002.33 for operation during that fiscal year.
 1051         5. Serve students in facilities that are not provided by
 1052  the charter school’s sponsor.
 1053         (e) Unless otherwise provided in the General Appropriations
 1054  Act, the funding allocation for each eligible charter school is
 1055  determined by multiplying the school’s projected student
 1056  enrollment by one-fifteenth of the cost-per-student station
 1057  specified in s. 1013.64(6)(b) for an elementary, middle, or high
 1058  school, as appropriate. If the funds appropriated are not
 1059  sufficient, the commissioner shall prorate the available funds
 1060  among eligible charter schools. However, a charter school or
 1061  charter lab school may not receive state charter school capital
 1062  outlay funds greater than the one-fifteenth cost per student
 1063  station formula if the charter school’s combination of state
 1064  charter school capital outlay funds, capital outlay funds
 1065  calculated through the reduction in the administrative fee
 1066  provided in s. 1002.33(21) 1002.33(20), and capital outlay funds
 1067  allowed in s. 1002.32(9)(e) and (h) exceeds the one-fifteenth
 1068  cost per student station formula.
 1069         (2) A charter school’s governing body may use charter
 1070  school capital outlay funds for the following purposes:
 1071         (a) Purchase of real property.
 1072         (b) Construction of school facilities.
 1073         (c) Purchase, lease-purchase, or lease of permanent or
 1074  relocatable school facilities.
 1075         (d) Purchase of vehicles to transport students to and from
 1076  the charter school.
 1077         (e) Renovation, repair, and maintenance of school
 1078  facilities that the charter school owns or is purchasing through
 1079  a lease-purchase or long-term lease of 5 years or longer.
 1080         (f) Effective July 1, 2008, purchase, lease-purchase, or
 1081  lease of new and replacement equipment, and enterprise resource
 1082  software applications that are classified as capital assets in
 1083  accordance with definitions of the Governmental Accounting
 1084  Standards Board, have a useful life of at least 5 years, and are
 1085  used to support schoolwide administration or state-mandated
 1086  reporting requirements.
 1087         (g) Payment of the cost of premiums for property and
 1088  casualty insurance necessary to insure the school facilities.
 1089         (h) Purchase, lease-purchase, or lease of driver’s
 1090  education vehicles; motor vehicles used for the maintenance or
 1091  operation of plants and equipment; security vehicles; or
 1092  vehicles used in storing or distributing materials and
 1093  equipment.
 1095  Conversion charter schools may use capital outlay funds received
 1096  through the reduction in the administrative fee provided in s.
 1097  1002.33(21) 1002.33(20) for renovation, repair, and maintenance
 1098  of school facilities that are owned by the sponsor.
 1099         Section 11. This act shall take effect July 1, 2012.
 1101  ================= T I T L E  A M E N D M E N T ================
 1102         And the title is amended as follows:
 1103         Delete everything before the enacting clause
 1104  and insert:
 1105                        A bill to be entitled                      
 1106         An act relating to charter schools; amending ss.
 1107         163.3180 and 1002.32, F.S.; conforming cross
 1108         references to conform to changes made by the act;
 1109         amending s. 1002.33, F.S.; providing that a sponsor’s
 1110         policies and procedures and previous school board
 1111         decisions do not apply to a charter school under
 1112         certain circumstances; clarifying provisions that
 1113         prohibit a sponsor from imposing additional reporting
 1114         requirements on a charter school; providing that a
 1115         Florida College System institution may operate no more
 1116         than one charter school that serves students in
 1117         kindergarten through grade 12 in each school district
 1118         in which the institution serves, if the institution
 1119         operates an approved teacher preparation program;
 1120         requiring that a district school board provide a
 1121         charter school with training and access to a school
 1122         district’s student achievement databases, if academic
 1123         student performance data cannot be provided;
 1124         conforming provisions to changes made by the act
 1125         relating to authorized activities of a high-performing
 1126         charter school that is part of a high-performing
 1127         charter school system; authorizing a charter school or
 1128         sponsor to file a formal grievance with the Department
 1129         of Education and to request mediation if the charter
 1130         school or sponsor is unable to resolve any outstanding
 1131         issues between the charter school and sponsor;
 1132         requiring that any activities associated with the
 1133         closing of a charter school cease, upon the filing of
 1134         such formal grievance and request for mediation, until
 1135         a resolution is reached, unless terminated under
 1136         certain circumstances; authorizing a charter school
 1137         cooperative organization to submit a professional
 1138         development plan on behalf of its member schools to
 1139         the State Board of Education for the purpose of
 1140         meeting continuing education requirements; authorizing
 1141         each district school board to share revenue generated
 1142         by its capital outlay millage levy with charter
 1143         schools on a per-student, pro rata basis; providing
 1144         for recalculation of a school district’s Florida
 1145         Education Finance Program allocation if the millage
 1146         levy revenue is not shared; providing for distribution
 1147         of recalculated funds; requiring payment to charter
 1148         schools of certain federal funds received by a
 1149         district school board; amending s. 1002.331, F.S.;
 1150         revising requirements for designation as a high
 1151         performing charter school; conforming a cross
 1152         reference; revising the restriction on the
 1153         establishment of new charter schools that replicate a
 1154         high-performing charter school’s educational program;
 1155         amending s. 1002.332, F.S.; authorizing a high
 1156         performing charter school that is part of a high
 1157         performing charter school system to increase student
 1158         enrollment, expand grade levels, submit quarterly
 1159         financial statements, consolidate charters, and modify
 1160         charter terms; amending ss. 1002.34, 1002.345,
 1161         1011.68, 1012.32, and 1013.62, F.S.; conforming cross
 1162         references; providing an effective date.