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Amendment CaShTmL-742844.HTM
                                                  SENATE AMENDMENT
    Bill No. CS for SB 3000, 1st Eng.
    Amendment No. ___   Barcode 742844
                            CHAMBER ACTION
              Senate                               House
 1                  1/F/3R         .                    
       04/29/2004 03:34 PM         .                    
 2                                 .                    
 3                                 .                    
 4  ______________________________________________________________
10  ______________________________________________________________
11  Senator Bullard moved the following amendment:
13         Senate Amendment 
14         On page 2, line 17, through
15            page 8, line 16, delete those lines
17  and insert:  
18         4.  Mitigate the educational impact created by the
19  development of new residential dwelling units in critically
20  sensitive areas, especially rural schools and specialty
21  schools.
22         (6)  APPLICATION PROCESS AND REVIEW.--Beginning
23  September 1, 2003, applications are subject to the following
24  requirements:
25         (e)1.  A Charter School Appeal Commission is
26  established to assist the commissioner and the State Board of
27  Education with a fair and impartial review of appeals by
28  applicants whose charter applications charters have been
29  denied, or whose charter contracts have not been renewed or
30  have been terminated by their sponsors, or whose disputes over
31  contract negotiations have not been resolved through
    10:04 PM   04/28/04                             s3000c1b-39j01

SENATE AMENDMENT Bill No. CS for SB 3000, 1st Eng. Amendment No. ___ Barcode 742844 1 mediation. 2 2. The Charter School Appeal Commission may receive 3 copies of the appeal documents forwarded to the State Board of 4 Education, review the documents, gather other applicable 5 information regarding the appeal, and make a written 6 recommendation to the commissioner. The recommendation must 7 state whether the appeal should be upheld or denied and 8 include the reasons for the recommendation being offered. The 9 commissioner shall forward the recommendation to the State 10 Board of Education no later than 7 calendar days prior to the 11 date on which the appeal is to be heard. The state board must 12 consider the commission's recommendation in making its 13 decision, but is not bound by the recommendation. The decision 14 of the Charter School Appeal Commission is not subject to the 15 provisions of the Administrative Procedure Act, chapter 120. 16 3. The commissioner shall appoint the members of the 17 Charter School Appeal Commission. Members shall serve without 18 compensation but may be reimbursed for travel and per diem 19 expenses in conjunction with their service. One-half of the 20 members must represent currently operating charter schools, 21 and one-half of the members must represent school districts. 22 The commissioner or a named designee shall chair the Charter 23 School Appeal Commission. 24 4. The chair shall convene meetings of the commission 25 and shall ensure that the written recommendations are 26 completed and forwarded in a timely manner. In cases where the 27 commission cannot reach a decision, the chair shall make the 28 written recommendation with justification, noting that the 29 decision was rendered by the chair. 30 5. Commission members shall thoroughly review the 31 materials presented to them from the appellant and the 2 10:04 PM 04/28/04 s3000c1b-39j01
SENATE AMENDMENT Bill No. CS for SB 3000, 1st Eng. Amendment No. ___ Barcode 742844 1 sponsor. The commission may request information to clarify the 2 documentation presented to it. In the course of its review, 3 the commission may facilitate the postponement of an appeal in 4 those cases where additional time and communication may negate 5 the need for a formal appeal and both parties agree, in 6 writing, to postpone the appeal to the State Board of 7 Education. A new date certain for the appeal shall then be set 8 based upon the rules and procedures of the State Board of 9 Education. Commission members shall provide a written 10 recommendation to the state board as to whether the appeal 11 should be upheld or denied. A fact-based justification for the 12 recommendation must be included. The chair must ensure that 13 the written recommendation is submitted to the State Board of 14 Education members no later than 7 calendar days prior to the 15 date on which the appeal is to be heard. Both parties in the 16 case shall also be provided a copy of the recommendation. 17 (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.-- 18 (e) When a charter is not renewed or is terminated, 19 the school shall be dissolved under the provisions of law 20 under which the school was organized, and any unencumbered 21 public funds, except for capital outlay funds, from the 22 charter school shall revert to the district school board. 23 Capital outlay funds provided pursuant to s. 1013.62 that are 24 unencumbered shall revert to the department to be 25 redistributed among eligible charter schools. In the event a 26 charter school is dissolved or is otherwise terminated, all 27 district school board property and improvements, furnishings, 28 and equipment purchased with public funds shall automatically 29 revert to full ownership by the district school board, subject 30 to complete satisfaction of any lawful liens or encumbrances. 31 Any unencumbered public funds from the charter school, 3 10:04 PM 04/28/04 s3000c1b-39j01
SENATE AMENDMENT Bill No. CS for SB 3000, 1st Eng. Amendment No. ___ Barcode 742844 1 district school board property and improvements, furnishings, 2 and equipment purchased with public funds, or financial or 3 other records pertaining to the charter school, in the 4 possession of any person, entity, or holding company, other 5 than the charter school, shall be held in trust upon the 6 district school board's request, until any appeal status is 7 resolved. 8 (15) CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER 9 SCHOOLS-IN-A-MUNICIPALITY.-- 10 (c) A charter school-in-a-municipality designation may 11 be granted to a municipality that possesses a charter; enrolls 12 students based upon a random lottery that involves all of the 13 children of the residents of that municipality who are seeking 14 enrollment, as provided for in subsection (10); and enrolls 15 students according to the racial/ethnic balance provisions 16 described in subparagraph (7)(a)8. When a municipality has 17 submitted charter applications for the establishment of a 18 charter school feeder pattern, consisting of elementary, 19 middle, and senior high schools, and each individual charter 20 application is approved by the district school board, such 21 schools shall then be designated as one charter school for all 22 purposes listed pursuant to this section. Any portion of the 23 land and facility used for a public charter school shall be 24 exempt from ad valorem taxes, as provided for in s. 1013.54, 25 for the duration of its use as a public school. 26 (18) FACILITIES.-- 27 (a) A charter school shall utilize facilities which 28 comply with the Florida State Uniform Building Code pursuant 29 to chapter 553 except for the State Requirements for 30 Educational Facilities. Charter schools are not required to 31 comply, but may choose to comply, with the State Requirements 4 10:04 PM 04/28/04 s3000c1b-39j01
SENATE AMENDMENT Bill No. CS for SB 3000, 1st Eng. Amendment No. ___ Barcode 742844 1 for Educational Facilities of the Florida Building Code 2 adopted pursuant to s. 1013.37. The local governing authority 3 shall not adopt or impose local building requirements or 4 restrictions that are more stringent than those found in the 5 Florida Building Code. The agency having jurisdiction for 6 inspection of a facility and issuance of a certificate of 7 occupancy shall be the local municipality or, if in an 8 unincorporated area, the county governing authority for Public 9 Educational Facilities Construction adopted pursuant to s. 10 1013.37 or with applicable state minimum building codes 11 pursuant to chapter 553 and state minimum fire protection 12 codes pursuant to s. 633.025, as adopted by the authority in 13 whose jurisdiction the facility is located. 14 (b) A charter school shall utilize facilities that 15 comply with the Florida Fire Prevention Code, pursuant to s. 16 633.025, as adopted by the authority in whose jurisdiction the 17 facility is located as provided in paragraph (a). 18 (c)(b) Any facility, or portion thereof, used to house 19 a charter school whose charter has been approved by the 20 sponsor and the governing board, pursuant to subsection (7), 21 shall be exempt from ad valorem taxes pursuant to s. 196.1983. 22 (c) Charter school facilities shall utilize facilities 23 which comply with the Florida Building Code, pursuant to 24 chapter 553, and the Florida Fire Prevention Code, pursuant to 25 chapter 633. 26 (d) Charter school facilities are exempt from 27 assessments of fees for building permits, except as provided 28 in s. 553.80, and for building licenses and from assessments 29 of impact fees or service availability fees. 30 (e) If a district school board facility or property is 31 available because it is surplus, marked for disposal, or 5 10:04 PM 04/28/04 s3000c1b-39j01
SENATE AMENDMENT Bill No. CS for SB 3000, 1st Eng. Amendment No. ___ Barcode 742844 1 otherwise unused, it shall be provided for a charter school's 2 use on the same basis as it is made available to other public 3 schools in the district. A charter school receiving property 4 from the school district may not sell or dispose of such 5 property without written permission of the school district. 6 Similarly, for an existing public school converting to charter 7 status, no rental or leasing fee for the existing facility or 8 for the property normally inventoried to the conversion school 9 may be charged by the district school board to the parents and 10 teachers organizing the charter school. The charter organizers 11 shall agree to reasonable maintenance provisions in order to 12 maintain the facility in a manner similar to district school 13 board standards. The Public Education Capital Outlay 14 maintenance funds or any other maintenance funds generated by 15 the facility operated as a conversion school shall remain with 16 the conversion school. 17 (f) To the extent that charter school facilities are 18 specifically created to mitigate the educational impact 19 created by the development of new residential dwelling units 20 in critically sensitive areas, especially rural schools and 21 specialty schools, pursuant to subparagraph (2)(c)4., some of 22 or all of the educational impact fees required to be paid in 23 connection with the new residential dwelling units in a 24 critically sensitive area may be designated instead for the 25 construction of the charter school facilities that will 26 mitigate the student station impact. Such facilities shall be 27 built to the State Requirements for Educational Facilities and 28 shall be owned by a public or nonprofit entity. The local 29 school district retains the right to monitor and inspect such 30 facilities to ensure compliance with the State Requirements 31 for Educational Facilities. If a facility ceases to be used 6 10:04 PM 04/28/04 s3000c1b-39j01
SENATE AMENDMENT Bill No. CS for SB 3000, 1st Eng. Amendment No. ___ Barcode 742844 1 for public educational purposes, either the facility shall 2 revert to the school district subject to any debt owed on the 3 facility, or the owner of the facility shall have the option 4 to refund all educational impact fees utilized for the 5 facility to the school district. The district and the owner of 6 the facility may contractually agree to another arrangement 7 for the facilities if the facilities cease to be used for 8 educational purposes. The owner of property planned or 9 approved for new residential dwelling units in a critically 10 sensitive area and the entity levying educational impact fees 11 shall enter into an agreement that designates the educational 12 impact fees that will be allocated for the charter school 13 student stations and that ensures the timely construction of 14 the charter school student stations concurrent with the 15 expected occupancy of the residential units. The application 16 for use of educational impact fees shall include an approved 17 charter school application. To assist the school district in 18 forecasting student station needs, the entity levying the 19 impact fees shall notify the affected district of any 20 agreements it has approved for the purpose of mitigating 21 student station impact from the new residential dwelling 22 units. 23 24 25 26 27 28 29 30 31 7 10:04 PM 04/28/04 s3000c1b-39j01
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