Florida Senate - 2013                                     SB 828
       By Senator Garcia
       38-00451-13                                            2013828__
    1                        A bill to be entitled                      
    2         An act relating to charter schools; amending s.
    3         196.1983, F.S.; granting school district programs the
    4         ad valorem tax exemption given to charter schools and
    5         creating certain restrictions on such property;
    6         requiring a landlord to certify compliance by
    7         affidavit; restricting the use of capital outlay funds
    8         for property improvements if the property is exempt
    9         from ad valorem taxes; amending s. 1002.31, F.S.;
   10         providing a calculation for compliance with class size
   11         maximums for a public school of choice; amending s.
   12         1002.33, F.S.; making technical and grammatical
   13         changes; deleting a requirement that the State Board
   14         of Education remand an application to a sponsor;
   15         providing that the sponsor may conduct or audit a
   16         random selection process to admit applicants;
   17         prohibiting a charter school or charter school system
   18         from rejecting certain types of students solely based
   19         on a higher cost; requiring a charter school or
   20         charter school system to enroll students in proportion
   21         similar to the district average in order to qualify
   22         for a designation of high-performing charter school;
   23         providing a funding requirement for a student who
   24         transfers between a charter school and district
   25         school; authorizing a district school board to
   26         negotiate an appropriate usage fee based on market
   27         comparables for unused space; deleting a prohibition
   28         on existing public schools that convert to charter
   29         schools; prohibiting a charter school from selling or
   30         renting out property from a school district without
   31         written permission of the school district; providing
   32         that certain recommendations from the department are
   33         not binding on a school district; restricting use of
   34         capital outlay funds; deleting restrictions on
   35         withheld administrative fees; clarifying that a member
   36         of a governing board of a charter school is a public
   37         official; amending s. 1002.332, F.S.; modifying the
   38         definition of a high-performing charter school system
   39         to include those offering certain services; amending
   40         s. 1002.345, F.S.; restricting charter schools or
   41         technical career centers having financial problems
   42         from certain activities and requiring disclosure of
   43         such financial problems on subsequent applications;
   44         amending s. 1003.03, F.S.; basing the class size
   45         maximum on the schoolwide average; deleting certain
   46         requirements when the number of students assigned to a
   47         class exceeds the class size maximum; creating s.
   48         1003.622, F.S.; providing legislative intent;
   49         recognizing high-performing school choice districts
   50         and granting them flexibility; qualifying a high
   51         performing school choice district; exempting such
   52         districts from ch. 1000-1013, F.S., subject to certain
   53         exceptions; requiring the commissioner to verify the
   54         status of a high-performing school choice district;
   55         amending s. 1010.305, F.S.; extending student
   56         enrollment auditing procedures to charter schools;
   57         providing that a charter school may request an
   58         expedited review by the Auditor General; amending s.
   59         1013.37, F.S.; requiring school boards to comply with
   60         the Florida Building Code for certain new projects;
   61         providing an effective date.
   63  Be It Enacted by the Legislature of the State of Florida:
   65         Section 1. Section 196.1983, Florida Statutes, is amended
   66  to read:
   67         196.1983 Charter school and school district program
   68  exemption from ad valorem taxes.—Any facility, or portion
   69  thereof, used to house a school district program or charter
   70  school whose charter has been approved by the sponsor and the
   71  governing board pursuant to s. 1002.33(7) is shall be exempt
   72  from ad valorem taxes. For leasehold properties, the landlord
   73  must certify by affidavit to the district or charter school
   74  sponsor that the lease payments shall be reduced to the extent
   75  of the exemption received, that the lease payments before
   76  reduction do not exceed fair market value, and that the
   77  transaction does not involve relatives as defined in s.
   78  1002.33(7)(a)18. The owner of the property shall disclose to a
   79  charter school the full amount of the benefit derived from the
   80  exemption and the method for ensuring that the district or
   81  charter school receives such benefit. The charter school shall
   82  receive the full benefit derived from the exemption through
   83  either an annual or monthly credit to the charter school’s lease
   84  payments. For property exempt from ad valorem taxes pursuant to
   85  this section, district or public education capital outlay funds
   86  may be used for property improvements only if:
   87         (1) The transaction does not, directly or indirectly,
   88  involve relatives; and
   89         (2) The lease or contract makes adequate provision for
   90  crediting or reimbursing such funding when the property is no
   91  longer used for exempt purposes.
   92         Section 2. Subsection (9) is added to section 1002.31,
   93  Florida Statutes, to read:
   94         1002.31 Public school parental choice.—
   95         (9) For a school or program that is a public school of
   96  choice under this section, the calculation for compliance with
   97  class size maximums, pursuant to s. 1003.03, is the average
   98  number of students at the school level.
   99         Section 3. Paragraphs (b) through (d) of subsection (6),
  100  paragraphs (b), (e), (f), and (h) of subsection (10), paragraphs
  101  (c), (e), and (g) of subsection (18), subsection (19), paragraph
  102  (a) of subsection (20), and subsection (26) of section 1002.33,
  103  Florida Statutes, are amended, and paragraph (g) is added to
  104  subsection (17) of that section, to read:
  105         1002.33 Charter schools.—
  106         (6) APPLICATION PROCESS AND REVIEW.—Charter school
  107  applications are subject to the following requirements:
  108         (b) A sponsor shall receive and review all applications for
  109  a charter school using an evaluation instrument developed by the
  110  department of Education. A sponsor shall receive and consider
  111  charter school applications received on or before August 1 of
  112  each calendar year for charter schools to be opened at the
  113  beginning of the school district’s next school year, or to be
  114  opened at a time agreed to by the applicant and the sponsor. A
  115  sponsor may receive applications later than this date if it
  116  chooses. A sponsor may not charge an applicant for a charter any
  117  fee for the processing or consideration of an application, and a
  118  sponsor may not base its consideration or approval of an
  119  application upon the promise of future payment of any kind.
  120  Before approving or denying any application, the sponsor shall
  121  allow the applicant, upon receipt of written notification, at
  122  least 7 calendar days to make technical or nonsubstantive
  123  corrections and clarifications, including, but not limited to,
  124  corrections of grammatical, typographical, and like errors or
  125  missing signatures, if such errors are identified by the sponsor
  126  as cause to deny the application.
  127         1. In order to facilitate an accurate budget projection
  128  process, a sponsor shall be held harmless for FTE students who
  129  are not included in the FTE projection due to approval of
  130  charter school applications after the FTE projection deadline.
  131  In a further effort to facilitate an accurate budget projection,
  132  within 15 calendar days after receipt of a charter school
  133  application, a sponsor shall report to the department of
  134  Education the name of the applicant entity, the proposed charter
  135  school location, and its projected FTE.
  136         2. In order to ensure fiscal responsibility, an application
  137  for a charter school shall include a full accounting of expected
  138  assets, a projection of expected sources and amounts of income,
  139  including income derived from projected student enrollments and
  140  from community support, and an expense projection that includes
  141  full accounting of the costs of operation, including start-up
  142  costs.
  143         3.a. A sponsor shall by a majority vote approve or deny an
  144  application no later than 60 calendar days after the application
  145  is received, unless the sponsor and the applicant mutually agree
  146  in writing to temporarily postpone the vote to a specific date,
  147  at which time the sponsor shall by a majority vote approve or
  148  deny the application. If the sponsor fails to act on the
  149  application, an applicant may appeal to the State Board of
  150  Education as provided in paragraph (c). If an application is
  151  denied, the sponsor shall, within 10 calendar days after such
  152  denial, articulate in writing the specific reasons, based upon
  153  good cause, supporting its denial of the charter application and
  154  shall provide the letter of denial and supporting documentation
  155  to the applicant and to the department of Education.
  156         b. An application submitted by a high-performing charter
  157  school identified pursuant to s. 1002.331 may be denied by the
  158  sponsor only if the sponsor demonstrates by clear and convincing
  159  evidence that:
  160         (I) The application does not materially comply with the
  161  requirements in paragraph (a);
  162         (II) The charter school proposed in the application does
  163  not materially comply with the requirements in paragraphs
  164  (9)(a)-(f);
  165         (III) The proposed charter school’s educational program
  166  does not substantially replicate that of the applicant or one of
  167  the applicant’s high-performing charter schools;
  168         (IV) The applicant has made a material misrepresentation or
  169  false statement or concealed an essential or material fact
  170  during the application process; or
  171         (V) The proposed charter school’s educational program and
  172  financial management practices do not materially comply with the
  173  requirements of this section.
  175  Material noncompliance is a failure to follow requirements or a
  176  violation of prohibitions applicable to charter school
  177  applications, which failure is quantitatively or qualitatively
  178  significant either individually or when aggregated with other
  179  noncompliance. An applicant is considered to be replicating a
  180  high-performing charter school if the proposed school is
  181  substantially similar to at least one of the applicant’s high
  182  performing charter schools and the organization or individuals
  183  involved in the establishment and operation of the proposed
  184  school are significantly involved in the operation of replicated
  185  schools.
  186         c. If the sponsor denies an application submitted by a
  187  high-performing charter school, the sponsor must, within 10
  188  calendar days after such denial, state in writing the specific
  189  reasons, based upon the criteria in sub-subparagraph b.,
  190  supporting its denial of the application and must provide the
  191  letter of denial and supporting documentation to the applicant
  192  and to the department of Education. The applicant may appeal the
  193  sponsor’s denial of the application directly to the State Board
  194  of Education pursuant to paragraph (c) sub-subparagraph (c)3.b.
  195         4. For budget projection purposes, the sponsor shall report
  196  to the department of Education the approval or denial of a
  197  charter application within 10 calendar days after such approval
  198  or denial. In the event of approval, the report to the
  199  department must of Education shall include the final projected
  200  FTE for the approved charter school.
  201         5. Upon approval of a charter application, the initial
  202  startup must shall commence with the beginning of the public
  203  school calendar for the district in which the charter is granted
  204  unless the sponsor allows a waiver of this subparagraph for good
  205  cause.
  206         (c)1. An applicant may appeal a any denial of that
  207  applicant’s application or failure to act on an application to
  208  the State Board of Education within no later than 30 calendar
  209  days after receipt of the sponsor’s decision or failure to act
  210  and shall notify the sponsor of its appeal. Any response of the
  211  sponsor shall be submitted to the State board of Education
  212  within 30 calendar days after notification of the appeal. Upon
  213  receipt of notification from the State board of Education that a
  214  charter school applicant is filing an appeal, the commissioner
  215  of Education shall convene a meeting of the Charter School
  216  Appeal Commission to study the appeal and make recommendations
  217  to the State board of Education regarding its pending decision
  218  about the appeal. The commission shall forward its
  219  recommendations recommendation to the state board at least no
  220  later than 7 calendar days before prior to the date on which the
  221  appeal is to be heard.
  222         1.2. The Charter School Appeal Commission may reject an
  223  appeal submission for failure to comply with procedural rules
  224  governing the appeals process. The rejection must shall describe
  225  the submission errors. The appellant has shall have 15 calendar
  226  days after notice of rejection in which to resubmit an appeal
  227  that meets the requirements set forth in State board of
  228  Education rule. An appeal submitted subsequent to such rejection
  229  is considered timely if the original appeal was filed within 30
  230  calendar days after receipt of notice of the specific reasons
  231  for the sponsor’s denial of the charter application.
  232         2.3.a. The State Board of Education shall by majority vote
  233  accept or reject the decision of the sponsor within no later
  234  than 90 calendar days after an appeal is filed in accordance
  235  with State board of Education rule. The State Board of Education
  236  shall remand the application to the sponsor with its written
  237  decision that the sponsor approve or deny the application. The
  238  sponsor shall implement the decision of the State board of
  239  Education. Such The decision of the State Board of Education is
  240  not subject to the provisions of the Administrative Procedure
  241  Act, chapter 120.
  242         3.b. If an appeal concerns an application submitted by a
  243  high-performing charter school identified pursuant to s.
  244  1002.331, the State Board of Education shall determine whether
  245  the sponsor has shown, by clear and convincing evidence, that:
  246         a.(I) The application does not materially comply with the
  247  requirements in paragraph (a);
  248         b.(II) The charter school proposed in the application does
  249  not materially comply with the requirements in paragraphs
  250  (9)(a)-(f);
  251         c.(III) The proposed charter school’s educational program
  252  does not substantially replicate that of the applicant or one of
  253  the applicant’s high-performing charter schools;
  254         d.(IV) The applicant has made a material misrepresentation
  255  or false statement or concealed an essential or material fact
  256  during the application process; or
  257         e.(V) The proposed charter school’s educational program and
  258  financial management practices do not materially comply with the
  259  requirements of this section.
  260         4. The State Board of Education shall approve or reject the
  261  sponsor’s denial of an application within no later than 90
  262  calendar days after an appeal is filed in accordance with State
  263  board of Education rule. The State board of Education shall
  264  remand the application to the sponsor with its written decision
  265  that the sponsor approve or deny the application. The sponsor
  266  shall implement the decision of the State board of Education.
  267  The decision of the State board of Education is not subject to
  268  the Administrative Procedure Act, chapter 120.
  269         (d) The sponsor shall act upon the decision of the State
  270  Board of Education within 30 calendar days after it is received.
  271  The State Board of Education’s decision is a final action
  272  subject to judicial review in the district court of appeal for
  273  30 calendar days after the order is issued.
  274         (10) ELIGIBLE STUDENTS.—
  275         (b) The charter school shall enroll an eligible student who
  276  submits a timely application, unless the number of applications
  277  exceeds the capacity of a program, class, grade level, or
  278  building. In such case, all applicants shall have an equal
  279  chance of being admitted through a random selection process that
  280  is conducted or audited by the sponsor.
  281         (e) A charter school may limit the enrollment process only
  282  to target the following student populations:
  283         1. Students within specific age groups or grade levels.
  284         2. Students considered at risk of dropping out of school or
  285  academic failure. Such students shall include exceptional
  286  education students.
  287         3. Students enrolling in a charter school-in-the-workplace
  288  or charter school-in-a-municipality established under pursuant
  289  to subsection (15).
  290         4. Students residing within a reasonable distance of the
  291  charter school, as described in paragraph (20)(c). Such students
  292  are shall be subject to a random lottery that may be conducted
  293  or audited by the sponsoring school district, and to the
  294  racial/ethnic balance provisions described in subparagraph
  295  (7)(a)8. or any federal provisions that require a school to
  296  achieve a racial/ethnic balance reflective of the community it
  297  serves or within the racial/ethnic range of other public schools
  298  in the same school district.
  299         5. Students who meet reasonable academic, artistic, or
  300  other eligibility standards established by the charter school
  301  and included in the charter school application and charter or,
  302  in the case of existing charter schools, standards that are
  303  consistent with the school’s mission and purpose. Such standards
  304  must shall be in accordance with current state law and practice
  305  in public schools, including provisions described in paragraph
  306  (f), and may not discriminate against otherwise qualified
  307  individuals.
  308         6. Students articulating from one charter school to another
  309  pursuant to an articulation agreement between the charter
  310  schools that has been approved by the sponsor.
  311         7. Students living in a development in which a business
  312  entity provides the school facility and related property having
  313  an appraised value of at least $10 million to be used as a
  314  charter school for the development. Students living in the
  315  development are shall be entitled to 50 percent of the student
  316  stations in the charter school. The students who are eligible
  317  for enrollment are subject to a random lottery, the
  318  racial/ethnic balance provisions, or any federal provisions, as
  319  described in subparagraph 4. The remainder of the student
  320  stations shall be filled in accordance with subparagraph 4.
  321         (f) Students who have with disabilities, and students who
  322  are served in English for Speakers of Other Languages programs,
  323  and students who qualify for free or reduced-price school lunch
  324  shall have an equal opportunity of being selected for enrollment
  325  in a charter school. Notwithstanding any higher costs of serving
  326  such students, a charter school or a charter school system shall
  327  enroll students in a proportion similar to the district average.
  328         (h) The capacity of the charter school shall be determined
  329  annually by the governing board, in conjunction with the
  330  sponsor, of the charter school in consideration of the factors
  331  identified in this subsection unless the charter school is
  332  designated as a high-performing charter school pursuant to s.
  333  1002.331. A charter school or charter school program that fails
  334  to enroll a proportionate share of students pursuant to
  335  paragraph (f) is not eligible for a designation of high
  336  performing under s. 1002.331. Except as necessary to comply with
  337  paragraph (f), a sponsor may not require a charter school to
  338  waive the provisions of s. 1002.331 or require a student
  339  enrollment cap that prohibits a high-performing charter school
  340  from increasing enrollment in accordance with s. 1002.331(2) as
  341  a condition of approval or renewal of a charter.
  342         (17) FUNDING.—Students enrolled in a charter school,
  343  regardless of the sponsorship, shall be funded as if they are in
  344  a basic program or a special program, the same as students
  345  enrolled in other public schools in the school district. Funding
  346  for a charter lab school shall be as provided in s. 1002.32.
  347         (g) If a student transfers from a charter school to a
  348  district school or from a district school to a charter school
  349  after the first day of the school year, funding must be
  350  allocated proportionately according to the number of days that
  351  the student attended the charter school or district school.
  352         (18) FACILITIES.—
  353         (c) Any facility, or portion thereof, used to house a
  354  school district program or charter school whose charter has been
  355  approved by the sponsor and the governing board, pursuant to
  356  subsection (7), is shall be exempt from ad valorem taxes
  357  pursuant to s. 196.1983. Library, community service, museum,
  358  performing arts, theatre, cinema, church, Florida College System
  359  institution, college, and university facilities may provide
  360  space to charter schools within their facilities under their
  361  preexisting zoning and land use designations.
  362         (e) If a district school board facility or property is
  363  available because the district school board has deemed it as it
  364  is surplus, marked for disposal, or otherwise unused, and the
  365  facility is appropriate for student instruction, it may shall be
  366  made available provided for a charter school’s use based on
  367  district school board eligibility criteria. The school district
  368  may negotiate an appropriate usage fee based on market value on
  369  the same basis as it is made available to other public schools
  370  in the district. A charter school receiving property from the
  371  school district may not sell or dispose of such property without
  372  written permission of the school district. Similarly, for an
  373  existing public school converting to charter status, no rental
  374  or leasing fee for the existing facility or for the property
  375  normally inventoried to the conversion school may be charged by
  376  the district school board to the parents and teachers organizing
  377  the charter school. The charter school shall agree to reasonable
  378  maintenance provisions in order to maintain the facility in a
  379  manner similar to district school board standards. A charter
  380  school receiving property from the school district may not
  381  relet, sublet, sell, or dispose of such property without written
  382  permission of the school district. The lease may provide for use
  383  of the public education capital outlay maintenance funds or any
  384  other maintenance funds if such use is consistent with the
  385  district’s 5-year work plan generated by the facility operated
  386  as a conversion school shall remain with the conversion school.
  387         (g) Each school district shall annually provide to the
  388  department of Education as part of its 5-year work plan the
  389  number of existing vacant classrooms in each school that the
  390  district does not intend to use or does not project will be
  391  needed for educational purposes for the following school year.
  392  The department may recommend that a district make such space
  393  available to an appropriate charter school pursuant to paragraph
  394  (e). The recommendation is not binding on the district school
  395  board.
  396         (19) CAPITAL OUTLAY FUNDING.—Charter schools are eligible
  397  for capital outlay funds pursuant to s. 1013.62. Capital outlay
  398  funds authorized in ss. 1011.71(2) and 1013.62 which were have
  399  been shared with a charter school-in-the-workplace before prior
  400  to July 1, 2010, are deemed to have met the authorized
  401  expenditure requirements for such funds. Charter schools may
  402  spend capital outlay funds only on assets that can be returned
  403  to the school district.
  404         (20) SERVICES.—
  405         (a)1. A sponsor shall provide certain administrative and
  406  educational services to charter schools. These services shall
  407  include contract management services; full-time equivalent and
  408  data reporting services; exceptional student education
  409  administration services; services related to eligibility and
  410  reporting duties required to ensure that school lunch services
  411  under the federal lunch program, consistent with the needs of
  412  the charter school, are provided by the school district at the
  413  request of the charter school, that any funds due to the charter
  414  school under the federal lunch program be paid to the charter
  415  school as soon as the charter school begins serving food under
  416  the federal lunch program, and that the charter school is paid
  417  at the same time and in the same manner under the federal lunch
  418  program as other public schools serviced by the sponsor or the
  419  school district; test administration services, including payment
  420  of the costs of state-required or district-required student
  421  assessments; processing of teacher certificate data services;
  422  and information services, including equal access to student
  423  information systems that are used by public schools in the
  424  district in which the charter school is located. Student
  425  performance data for each student in a charter school,
  426  including, but not limited to, FCAT scores, standardized test
  427  scores, previous public school student report cards, and student
  428  performance measures, shall be provided by the sponsor to a
  429  charter school in the same manner provided to other public
  430  schools in the district.
  431         1.2. A total administrative fee for the provision of such
  432  services shall be calculated based on upon up to 5 percent of
  433  the available funds defined in paragraph (17)(b) for all
  434  students; however, if, except that when 75 percent or more of
  435  the students enrolled in the charter school are exceptional
  436  students as defined in s. 1003.01(3), the 5 percent of those
  437  available funds shall be calculated based on unweighted full
  438  time equivalent students. However, a sponsor may only withhold
  439  up to a 5-percent administrative fee for enrollment for up to
  440  and including 250 students. For charter schools with a
  441  population of 251 or more students, the difference between the
  442  total administrative fee calculation and the amount of the
  443  administrative fee withheld may only be used for capital outlay
  444  purposes specified in s. 1013.62(2).
  445         3. For high-performing charter schools, as defined in ch.
  446  2011-232, a sponsor may withhold a total administrative fee of
  447  up to 2 percent for enrollment up to and including 250 students
  448  per school.
  449         4. In addition, a sponsor may withhold only up to a 5
  450  percent administrative fee for enrollment for up to and
  451  including 500 students within a system of charter schools which
  452  meets all of the following:
  453         a. Includes both conversion charter schools and
  454  nonconversion charter schools;
  455         b. Has all schools located in the same county;
  456         c. Has a total enrollment exceeding the total enrollment of
  457  at least one school district in the state;
  458         d. Has the same governing board; and
  459         e. Does not contract with a for-profit service provider for
  460  management of school operations.
  461         5. The difference between the total administrative fee
  462  calculation and the amount of the administrative fee withheld
  463  pursuant to subparagraph 4. may be used for instructional and
  464  administrative purposes as well as for capital outlay purposes
  465  specified in s. 1013.62(2).
  466         6. For a high-performing charter school system that also
  467  meets the requirements in subparagraph 4., a sponsor may
  468  withhold a 2-percent administrative fee for enrollments up to
  469  and including 500 students per system.
  470         2.7. Sponsors may shall not charge charter schools any
  471  additional fees or surcharges for administrative and educational
  472  services in addition to the maximum 5-percent administrative fee
  473  withheld pursuant to this paragraph.
  474         3.8. The sponsor of a virtual charter school may withhold a
  475  fee of up to 5 percent. The funds must shall be used to cover
  476  the cost of services provided under this paragraph subparagraph
  477  1. and for the school district’s local instructional improvement
  478  system pursuant to s. 1006.281 or other technological tools that
  479  are required to access electronic and digital instructional
  480  materials.
  482         (a) A member of a governing board of a charter school,
  483  including a charter school operated by a private entity, is a
  484  public official and is subject to ss. 112.313(2), (3), (7), and
  485  (12) and 112.3143(3).
  486         (b) A member of a governing board of a charter school
  487  operated by a municipality or other public entity is subject to
  488  s. 112.3145, which requires relates to the disclosure of
  489  financial interests.
  490         Section 4. Paragraph (b) of subsection (1) of section
  491  1002.332, Florida Statutes, is amended to read:
  492         1002.332 High-performing charter school system.—
  493         (1) For purposes of this section, the term:
  494         (b) “High-performing charter school system” means an entity
  495  that:
  496         1. Operates at least three high-performing charter schools
  497  in the state;
  498         2. Operates a system of charter schools in which at least
  499  50 percent of the charter schools are high-performing charter
  500  schools pursuant to s. 1002.331 and no charter school earned a
  501  school grade of “D” or “F” pursuant to s. 1008.34, except that:
  502         a. If the entity has assumed operation of a public school
  503  pursuant to s. 1008.33(4)(b)3. with a school grade of “F,” that
  504  school’s grade may not be considered in determining high
  505  performing charter school system status for a period of 3 years.
  506         b. If the entity establishes a new charter school that
  507  serves a student population the majority of which resides in a
  508  school zone served by a public school that earned a grade of “F”
  509  or three consecutive grades of “D” pursuant to s. 1008.34, that
  510  charter school’s grade may not be considered in determining
  511  high-performing charter school system status if it attains and
  512  maintains a school grade that is higher than that of the public
  513  school serving that school zone within 3 years after
  514  establishment; and
  515         3. Has not received a financial audit that revealed one or
  516  more of the financial emergency conditions set forth in s.
  517  218.503(1) for any charter school assumed or established by the
  518  entity; and.
  519         4.Provides services to students who have disabilities,
  520  students who are served in English for Speakers of Other
  521  Languages programs, and students who qualify for free or
  522  reduced-price school lunch in the same proportion as that of the
  523  sponsoring district.
  524         Section 5. Subsection (7) is added to section 1002.345,
  525  Florida Statutes, to read:
  526         1002.345 Determination of deteriorating financial
  527  conditions and financial emergencies for charter schools and
  528  charter technical career centers.—This section applies to
  529  charter schools operating pursuant to s. 1002.33 and to charter
  530  technical career centers operating pursuant to s. 1002.34.
  531         (7) EFFECT ON OTHER APPLICATIONS.—If a charter school or
  532  charter technical career center exhibits a deteriorating
  533  financial condition or is subject to a financial recovery plan
  534  or corrective action plan, the governing board of the charter
  535  school or charter technical career center, or any related
  536  entity, is not eligible to apply for additional charter schools
  537  or charter technical centers under s. 1002.33, s. 1002.331, or
  538  s. 1002.45 until the financial condition or financial recovery
  539  plan has been satisfactorily resolved. The existence and
  540  resolution of financial emergencies or poor financial conditions
  541  pursuant to this chapter shall be disclosed in subsequent
  542  applications by the applicant under s. 1002.33(6) and be
  543  considered in determining whether the financial management
  544  practices materially comply with that section.
  545         Section 6. Subsection (4) of section 1003.03, Florida
  546  Statutes, is amended to read:
  547         1003.03 Maximum class size.—
  548         (4) ACCOUNTABILITY.—
  549         (a) If the department determines that the number of
  550  students assigned to an any individual class exceeds the class
  551  size maximum based on the schoolwide average, as required in
  552  subsection (1), based upon the October student membership
  553  survey, the department shall:
  554         1. Identify, for each grade group, the number of classes in
  555  which the number of students exceeds the maximum and the total
  556  number of students which exceeds the maximum based on the
  557  schoolwide average for all classes.
  558         2. Determine the number of FTE students which exceeds the
  559  maximum for each grade group.
  560         3. Multiply the total number of FTE students which exceeds
  561  the maximum for each grade group by the district’s FTE dollar
  562  amount of the class size categorical allocation for that year
  563  and calculate the total for all three grade groups.
  564         4. Multiply the total number of FTE students which exceeds
  565  the maximum for all classes by an amount equal to 50 percent of
  566  the base student allocation adjusted by the district cost
  567  differential for each of the 2010-2011 through 2013-2014 fiscal
  568  years and by an amount equal to the base student allocation
  569  adjusted by the district cost differential in the 2014-2015
  570  fiscal year and thereafter.
  571         4.5. Reduce the district’s class size categorical
  572  allocation by an amount equal to the calculation sum of the
  573  calculations in subparagraph 3. subparagraphs 3. and 4.
  574         (b) The amount of funds reduced shall be the lesser of the
  575  amount calculated in paragraph (a) or the undistributed balance
  576  of the district’s class size categorical allocation. The Florida
  577  Education Finance Program Appropriation Allocation Conference
  578  shall verify the department’s calculation in paragraph (a). The
  579  commissioner may withhold distribution of the class size
  580  categorical allocation to the extent necessary to comply with
  581  paragraph (a).
  582         (c) In lieu of the reduction calculation in paragraph (a),
  583  if the commissioner of Education has evidence that a district
  584  was unable to meet the class size requirements despite
  585  appropriate efforts to do so or because of an extreme emergency,
  586  the commissioner may recommend by February 15, subject to
  587  approval of the Legislative Budget Commission, the reduction of
  588  an alternate amount of funds from the district’s class size
  589  categorical allocation.
  590         (d) Upon approval of the reduction calculation in
  591  paragraphs (a)-(c), the commissioner must prepare a reallocation
  592  of the funds made available for the districts that have fully
  593  met the class size requirements. The funds shall be reallocated
  594  by calculating an amount of up to 5 percent of the base student
  595  allocation multiplied by the total district FTE students. The
  596  reallocation total may not exceed 25 percent of the total funds
  597  reduced.
  598         (d)(e) Each district that has not complied with the
  599  requirements in subsection (1) shall submit to the commissioner
  600  by February 1 a plan certified by the district school board
  601  which that describes the specific actions the district must will
  602  take in order to fully comply with the requirements in
  603  subsection (1) by October of the following school year. If a
  604  district submits the certified plan by the required deadline,
  605  the funds remaining after the reallocation calculation in
  606  paragraph (d) shall be added back to the district’s class size
  607  categorical allocation based on each qualifying district’s
  608  proportion of the total reduction for all qualifying districts
  609  for which a reduction was calculated in paragraphs (a)-(c).
  610  However, no district shall have an amount added back that is
  611  greater than the amount that was reduced.
  612         (e)(f) The department shall adjust school district class
  613  size reduction categorical allocation distributions based on the
  614  calculations in paragraphs (a)-(d) (a)-(e).
  615         Section 7. Section 1003.622, Florida Statutes, is created
  616  to read:
  617         1003.622Academically high-performing school choice
  618  districts.—It is the intent of the Legislature to recognize and
  619  reward school districts that consistently maintain or improve
  620  their high-performing status. The purpose of this section is to
  621  provide high-performing school districts with the flexibility of
  622  high-performing charter schools in order to meet specific
  623  requirements of law and rules of the State Board of Education.
  624         (1) A school district shall be designated by the State
  625  Board of Education as an academically high-performing school
  626  choice district if it:
  627         (a) Receives a district grade of “A” or “B” pursuant to s.
  628  1008.34 for 2 consecutive years;
  629         (b) Has at least 40 percent of its total enrollment in
  630  public choice programs or at least 10 percent of its total
  631  enrollment in charter schools; and
  632         (c) Has no material weakness or instances of material
  633  noncompliance noted in the annual financial audit conducted
  634  pursuant to s. 218.39.
  635         (2)A district designated as an academically high
  636  performing school choice district is exempt from chapters 1000
  637  1013, subject to the following exceptions:
  638         (a)The student assessment program and school grading
  639  system.
  640         (b) The provision of services to students who have
  641  disabilities.
  642         (c)Civil rights, including s. 1000.05, relating to
  643  discrimination.
  644         (d)Student health, safety, and welfare.
  645         (e)Maximum class size under s. 1003.03, except that the
  646  calculation for compliance shall be the average at the school
  647  level.
  648         (3)An academically high-performing school choice district
  649  must comply with s. 286.011, relating to public meetings, and
  650  chapter 119, relating to public records.
  651         (4)The commissioner, upon the request of a school
  652  district, shall verify that the school district meets the
  653  criteria in this section for the prior school year and provide a
  654  letter to the district school superintendent affirming that the
  655  school district is a high-performing school choice district.
  656         Section 8. Section 1010.305, Florida Statutes, is amended
  657  to read:
  658         1010.305 Audit of student enrollment.—
  659         (1) The Auditor General shall periodically examine the
  660  records of school districts, charter schools, and other agencies
  661  as appropriate, to determine compliance with law and State Board
  662  of Education rules relating to the classification, assignment,
  663  and verification of full-time equivalent student enrollment and
  664  student transportation reported under the Florida Education
  665  Finance Program. A charter school may request an expedited
  666  review by the Auditor General.
  667         (2) If it is determined that the approved criteria and
  668  procedures for the placement of students and the conduct of
  669  programs have not been followed by the district or by a
  670  district-sponsored charter school, appropriate adjustments in
  671  the full-time equivalent student count for that district or
  672  charter school must be made, and any excess funds must be
  673  deducted from subsequent allocations of state funds to that
  674  district or charter school. As provided for by rule, if errors
  675  in a specific program of a district or charter school recur in
  676  consecutive years due to lack of corrective action by the
  677  district or charter school, adjustments may be made based upon
  678  statistical estimates of error projected to the overall district
  679  or charter school program.
  680         Section 9. Subsection (1) of section 1013.37, Florida
  681  Statutes, is amended to read:
  682         1013.37 State uniform building code for public educational
  683  facilities construction.—
  684         (1) UNIFORM BUILDING CODE.—A uniform statewide building
  685  code for the planning and construction of public educational and
  686  ancillary plants by district school boards and Florida College
  687  System institution district boards of trustees shall be adopted
  688  by the Florida Building Commission within the Florida Building
  689  Code, pursuant to s. 553.73, and within s. 423 of the State
  690  Requirements for Educational Facilities. New construction,
  691  remodeling, and renovation projects are bound by the Florida
  692  Building Code. Included in this code must be flood plain
  693  management criteria in compliance with the rules and regulations
  694  in 44 C.F.R. parts 59 and 60, and subsequent revisions thereto
  695  which are adopted by the Federal Emergency Management Agency. It
  696  is also the responsibility of the department to develop, as a
  697  part of the uniform building code, standards relating to:
  698         (a) Prefabricated facilities or factory-built facilities
  699  that are designed to be portable, relocatable, demountable, or
  700  reconstructible; are used primarily as classrooms; and do not
  701  fall under the provisions of ss. 320.822-320.862. Such standards
  702  must permit boards to contract with the Department of Business
  703  and Professional Regulation for factory inspections by certified
  704  building code inspectors to certify conformance with applicable
  705  law and rules. The standards must comply with the requirements
  706  of s. 1013.20 for relocatable facilities intended for long-term
  707  use as classroom space, and the relocatable facilities shall be
  708  designed subject to missile impact criteria of s. 423(24)(d)(1)
  709  of the Florida Building Code when located in the windborne
  710  debris region.
  711         (b) The sanitation of educational and ancillary plants and
  712  the health of occupants of educational and ancillary plants.
  713         (c) The safety of occupants of educational and ancillary
  714  plants as provided in s. 1013.12, except that the firesafety
  715  criteria shall be established by the State Fire Marshal in
  716  cooperation with the Florida Building Commission and the
  717  department and such firesafety requirements must be incorporated
  718  into the Florida Fire Prevention Code.
  719         (d) Accessibility for children, notwithstanding the
  720  provisions of s. 553.512.
  721         (e) The performance of life-cycle cost analyses on
  722  alternative architectural and engineering designs to evaluate
  723  their energy efficiencies.
  724         1. The life-cycle cost analysis must consist of the sum of:
  725         a. The reasonably expected fuel costs over the life of the
  726  building which are required to maintain illumination, water
  727  heating, temperature, humidity, ventilation, and all other
  728  energy-consuming equipment in a facility; and
  729         b. The reasonable costs of probable maintenance, including
  730  labor and materials, and operation of the building.
  731         2. For computation of the life-cycle costs, the department
  732  shall develop standards that must include, but need not be
  733  limited to:
  734         a. The orientation and integration of the facility with
  735  respect to its physical site.
  736         b. The amount and type of glass employed in the facility
  737  and the directions of exposure.
  738         c. The effect of insulation incorporated into the facility
  739  design and the effect on solar utilization of the properties of
  740  external surfaces.
  741         d. The variable occupancy and operating conditions of the
  742  facility and subportions of the facility.
  743         e. An energy-consumption analysis of the major equipment of
  744  the facility’s heating, ventilating, and cooling system;
  745  lighting system; and hot water system and all other major
  746  energy-consuming equipment and systems as appropriate.
  747         3. Life-cycle cost criteria published by the Department of
  748  Education for use in evaluating projects.
  749         4. Standards for construction materials and systems based
  750  on life-cycle costs that consider initial costs, maintenance
  751  costs, custodial costs, operating costs, and life expectancy.
  752  The standards may include multiple acceptable materials. It is
  753  the intent of the Legislature to require district school boards
  754  to comply with these standards when expending funds from the
  755  Public Education Capital Outlay and Debt Service Trust Fund or
  756  the School District and Community College District Capital
  757  Outlay and Debt Service Trust Fund and to prohibit district
  758  school boards from expending local capital outlay revenues for
  759  any project that includes materials or systems that do not
  760  comply with these standards, unless the district school board
  761  submits evidence that alternative materials or systems meet or
  762  exceed standards developed by the department.
  764  It is not a purpose of the Florida Building Code to inhibit the
  765  use of new materials or innovative techniques; nor may it
  766  specify or prohibit materials by brand names. The code must be
  767  flexible enough to cover all phases of construction so as to
  768  afford reasonable protection for the public safety, health, and
  769  general welfare. The department may secure the service of other
  770  state agencies or such other assistance as it finds desirable in
  771  recommending to the Florida Building Commission revisions to the
  772  code.
  773         Section 10. This act shall take effect July 1, 2013.