Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1434
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Appropriations Subcommittee on Pre-K - 12 Education (Farmer)
       recommended the following:
    1         Senate Amendment to Amendment (396932) (with directory and
    2  title amendments)
    4         Between lines 869 and 870
    5  insert:
    6         (1) Charter school capital outlay funding shall consist of
    7  revenue resulting from the discretionary millage authorized in
    8  s. 1011.71(2) and state funds when such funds are appropriated
    9  in the General Appropriations Act.
   10         (c)It is the intent of the Legislature that the public
   11  interest be protected by prohibiting personal financial
   12  enrichment by owners, operators, managers, real estate
   13  developers, and other affiliated parties of charter schools.
   14  Therefore, a charter school is not eligible for a funding
   15  allocation unless the chair of the governing board and the chief
   16  administrative officer of the charter school annually certify
   17  under oath that the funds will be used solely and exclusively
   18  for constructing, renovating, or improving charter school
   19  facilities that are:
   20         1. Owned by a school district, a political subdivision of
   21  the state, a municipality, a Florida College System institution,
   22  or a state university;
   23         2. Owned by an organization that is qualified as an exempt
   24  organization under s. 501(c)(3) of the Internal Revenue Code
   25  whose articles of incorporation specify that, upon the
   26  organization’s dissolution, the subject property will be
   27  transferred to a school district, a political subdivision of the
   28  state, a municipality, a Florida College System institution, or
   29  a state university; or
   30         3. Owned by and leased, at a fair market value in the
   31  school district in which the charter school is located, from a
   32  person or entity that is not an affiliated party of the charter
   33  school. For the purposes of this subparagraph, the term
   34  “affiliated party of the charter school” means the applicant for
   35  the charter school pursuant to s. 1002.33; the governing board
   36  of the charter school or a member of the governing board; the
   37  charter school owner; the charter school principal; an employee
   38  of the charter school; an independent contractor of the charter
   39  school or the governing board of the charter school; a relative,
   40  as defined in s. 1002.33(24)(a)2., of a charter school governing
   41  board member, a charter school owner, a charter school
   42  principal, a charter school employee, or an independent
   43  contractor of a charter school or charter school governing
   44  board; a subsidiary corporation, a service corporation, an
   45  affiliated corporation, a parent corporation, a limited
   46  liability company, a limited partnership, a trust, a
   47  partnership, or a related party that, individually or through
   48  one or more entities, shares common ownership or control and
   49  directly or indirectly manages, administers, controls, or
   50  oversees the operation of the charter school; or any person or
   51  entity, individually or through one or more entities that share
   52  common ownership, which directly or indirectly manages,
   53  administers, controls, or oversees the operation of any of the
   54  foregoing.
   56  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   57  And the directory clause is amended as follows:
   58         Delete lines 867 - 868
   59  and insert:
   60         Section 10. Subsection (3) of section 1013.62, Florida
   61  Statutes, is amended, and paragraph (c) is added to subsection
   62  (1) of that section, to read:
   64  ================= T I T L E  A M E N D M E N T ================
   65  And the title is amended as follows:
   66         Delete line 988
   67  and insert:
   68         F.S.; providing legislative intent; prohibiting a
   69         charter school from being eligible for capital outlay
   70         funds unless the chair of the governing board and the
   71         chief administrative officer of the charter school
   72         annually certify certain information; defining the
   73         term “affiliated party of the charter school”;
   74         revising the Department of Education’s