Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS/HB 7097, 1st Eng.
       
       
       
       
       
       
                                Ì384974SÎ384974                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: NC/2R          .                                
             03/12/2020 07:02 PM       .                                
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       Senator Lee moved the following:
       
    1         Senate Substitute for Amendment (380144) (with title
    2  amendment)
    3  
    4         Delete lines 2030 - 2066
    5  and insert:
    6  outlay projects to be funded by the surtax. The resolution must
    7  also include a statement that the revenues collected must be
    8  shared with charter schools pursuant to paragraph (e) based on a
    9  charter school’s proportionate share of the school district’s
   10  total unweighted full-time equivalent student enrollment. The
   11  statements must statement shall conform to the requirements of
   12  s. 101.161 and shall be placed on the ballot by the governing
   13  body of the county. The following question shall be placed on
   14  the ballot:
   15  
   16  ....FOR THE                  ....CENTS TAX           
   17  ....AGAINST THE              ....CENTS TAX           
   18  
   19  
   20         (c) The resolution providing for the imposition of the
   21  surtax must shall set forth a plan for use of the surtax
   22  proceeds for fixed capital expenditures or fixed capital costs
   23  associated with the construction, reconstruction, or improvement
   24  of school facilities and campuses which have a useful life
   25  expectancy of 5 or more years, and any land acquisition, land
   26  improvement, design, and engineering costs related thereto.
   27  Additionally, the plan shall include the costs of retrofitting
   28  and providing for technology implementation, including hardware
   29  and software, for the various sites within the school district.
   30  Surtax revenues may be used for the purpose of servicing bond
   31  indebtedness to finance projects authorized by this subsection,
   32  and any interest accrued thereto may be held in trust to finance
   33  such projects. Neither the proceeds of the surtax nor any
   34  interest accrued thereto shall be used for operational expenses.
   35  Surtax revenues shared with a charter school shall be expended
   36  by the charter school in a manner consistent with the purposes
   37  stated in the resolution under paragraph (b). All revenues and
   38  expenditures shall be accounted for in a charter school’s
   39  monthly or quarterly financial report pursuant to s. 1002.33(9).
   40         (d) Surtax revenues collected by the Department of Revenue
   41  pursuant to this subsection shall be distributed to the school
   42  board imposing the surtax in accordance with law.
   43         (e)1. Notwithstanding any other law to the contrary,
   44  beginning with the 2020-2021 school year, funds generated under
   45  this subsection must be shared with a charter school if:
   46         a. The applicant for the charter school, before the
   47  inception of the school, had submitted the charter school
   48  application for approval to the applicable district school board
   49  and, after entering into a charter contract with that district
   50  school board pursuant to s. 1002.33, the charter school is
   51  eligible to receive capital outlay funds under s. 1013.62(1)(a);
   52  and
   53         b. The charter school submits its brief and general
   54  description statement and plan pursuant to paragraph (b) to the
   55  school district within the timeframe specified by the district
   56  school board.
   57  
   58  A charter school is not eligible to receive capital outlay funds
   59  if it was created by the conversion of a public school and
   60  operates in facilities provided by the charter school’s sponsor
   61  for a nominal fee, or at no charge, or if it is directly or
   62  indirectly operated by the school district.
   63         2. A charter school that receives funds generated under
   64  this subsection must use funds for allowable purposes under this
   65  subsection.
   66  
   67  ================= T I T L E  A M E N D M E N T ================
   68  And the title is amended as follows:
   69         Delete line 117
   70  and insert:
   71         reports; requiring school capital outlay surtax funds
   72         to be shared with a charter school if certain
   73         conditions are met; specifying conditions under which
   74         a charter school is ineligible to receive capital
   75         outlay funds; providing applicability; amending s.
   76         212.134,