Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS/HB 7097, 1st Eng.
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2i/F/2R         .                                
             03/12/2020 06:56 PM       .                                
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       Senator Lee moved the following:
       
    1         Senate Amendment to Substitute Amendment (271678) (with
    2  title amendment)
    3  
    4         Delete lines 1181 - 1222
    5  and insert:
    6  also include a statement that the revenues collected must be
    7  shared with charter schools pursuant to paragraph (e) based on a
    8  charter school’s proportionate share of the school district’s
    9  total unweighted full-time equivalent student enrollment. The
   10  statements must statement shall conform to the requirements of
   11  s. 101.161 and shall be placed on the ballot by the governing
   12  body of the county. The following question shall be placed on
   13  the ballot:
   14  
   15  ....FOR THE                  ....CENTS TAX           
   16  ....AGAINST THE              ....CENTS TAX           
   17  
   18  
   19  
   20  
   21         (c) The resolution providing for the imposition of the
   22  surtax must shall set forth a plan for use of the surtax
   23  proceeds for fixed capital expenditures or fixed capital costs
   24  associated with the construction, reconstruction, or improvement
   25  of school facilities and campuses which have a useful life
   26  expectancy of 5 or more years, and any land acquisition, land
   27  improvement, design, and engineering costs related thereto.
   28  Additionally, the plan shall include the costs of retrofitting
   29  and providing for technology implementation, including hardware
   30  and software, for the various sites within the school district.
   31  Surtax revenues may be used for the purpose of servicing bond
   32  indebtedness to finance projects authorized by this subsection,
   33  and any interest accrued thereto may be held in trust to finance
   34  such projects. Neither the proceeds of the surtax nor any
   35  interest accrued thereto shall be used for operational expenses.
   36  Surtax revenues shared with a charter school shall be expended
   37  by the charter school in a manner consistent with the purposes
   38  stated in the resolution under paragraph (b). All revenues and
   39  expenditures shall be accounted for in a charter school’s
   40  monthly or quarterly financial report pursuant to s. 1002.33(9).
   41  If a school’s charter is not renewed or is terminated and the
   42  school is dissolved under the provisions of law under which the
   43  school was organized, any unencumbered funds received under this
   44  subsection shall revert to the sponsor.
   45         (d) Surtax revenues collected by the Department of Revenue
   46  pursuant to this subsection shall be distributed to the school
   47  board imposing the surtax in accordance with law.
   48         (e)1. Notwithstanding any other law to the contrary,
   49  beginning with the 2020-2021 school year, funds generated under
   50  this subsection must be shared with a charter school if:
   51         a. The charter school is eligible to receive capital outlay
   52  funds under s. 1013.62(1)(a); 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 lines 1896 - 1899
   70  and insert:
   71         requirement for charter schools; requiring that
   72         unencumbered funds revert to the sponsor under certain
   73         circumstances; specifying conditions under which funds
   74         must be shared with charter schools; specifying
   75         conditions under which a charter school is ineligible
   76         to receive funds; providing applicability; creating s.