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10-24-2000 CC Workshop Agenda2999 NE 191st 5;~feet Shire 500 Aventura Fl 33180 City Commission Workshop Meeting October 24, 2000 - 9 AM (following Special Meeting) Executive Conference Room AGENDA 1. School -Charter School Report* 2. Visioning Session Update 3. Charter Review* 4. Real Estate Window Signs* 5. Teen Council (Commissioner aerger) 6. 199m Street Crossing* 7. Lehman Causeway Safety Study* 8. Formosan Termites- (City Attorney Report) 9. Campaign Financing* (vice Mayor Jeskin) 10. Campaign Signs* (Commissioner Cohen) 11. HR 5625 Full & Fair Disclosure Act* (Commissioner Rogers-Libert) 12. Board Reports *Back-up Information Exists Next Meetin.q: November 28, 2000 · Library Study · 2001 Legislative Session Priorities This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. Charter School Report October 2000 ~e of the City Manager CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission Eric M. Soroka, City/fVlar~g~,r October 16, 2000 Charter sChool Report At the September 2000 Workshop, the City Commission requested this Office to explore the feasibility of utilizing the Charter School concept to fulfill the elementary school needs of the City. This report was prepared as a research project in order to inform the City Commission of the Charter School concept. In addition, based on my research specific recommendations are included to form a course of action to continue our efforts to bring an elementary school to the City of Aventura. If you have any questions, please feel free to contact me. Charter School Report I Executive Smmnary Although charter schools in the State of Florida are a relatively new concept, whether formed by a city or a corporation to serve its workers, they have proven to be a worthy alternative to the traditional public school setting. A charter school located in the City could improve educational and academic opportunities for students in this area and at the same time enhance our efforts of focusing on developing a sense of community. However, the major concern expressed by most experts in the field is the land cost in the City. It is unknown whether this issue would make it economically unfeasible to construct and operate a charter school. In order to continue our efforts to locate an elementary school in the corporate boundaries of the City and explore all alternatives available to the City, I would recommend that the City Commission adopt the following action plan: · Continue discussions with the Miami Dade County Public Schools to obtain an elementary school. · Issue a Request for Qualifications (RFQ) to obtain a qualified firm to perform an Assessment/Feasibility Study to determine the viability of creating a Charter School that encourages the use of innovative learning methods and improve student learning. The study should address the following areas: Site locations Parent and student demand Funding expectations Estimated construction and operating budgets Governance issues Operational issues Land costs Any and all other issues relevant for the City to consider in its decision on whether to sponsor a charter school. · Obtain the services of Kathryn Wilbur, Creative Land Development Services, Inc, on an hourly basis to assist the City in the selection of the firm and our efforts to obtain a school. · Establish a line item in the budget to fund the above stated studies and services. Charter School Report 2 Back ound on Omrter Schools In the State of Florida, charter schools are a recent innovation in public education and are authorized by state statue 228.056. Established by legislative action in 1996, they axe public schools holding contracts with the local School Board to meet specified student achievement goals. In return, the charter school is allocated public educational funds for a stated period of time. Though they are free from many of the state and local bureaucratic regulations and mandates controlling local schools, they are strictly accountable for the academic and financial performance of the school. The purpose of charter schools is to: Improve student learning. · Increase learning opportunities for all students. · Encourage the use of different and innovative learning methods. · Increase choice of learning opportunities for students. · Establish a new form of accountability for schools. · Require the measurement of learning outcomes and create innovative measurement tools. · Make the school the unit for improvement. · Create new professional opportunities for teachers. Charter schools may be formed one of two ways: 1) by creating a new school; or 2) converting an existing school to charter status. Private schools, parochial schools, or home education programs are not eligible for charter status. Teachers, parents, not- for-profits, municipalities, governmental agencies, corporations, or a legal entity authorized under the laws of this state may propose a new charter school. These organizers apply to the sponsor, the local School Board, for a charter contract. The charter authorizes the organizers to operate the charter school for a specified term. Applications may be submitted to school districts any time before November 15th of the year before the school opens. The district school board is required to make a decision to accept or deny the charter application within 60 days after receipt of the application. The school district in which the charter school is located may extend the November 15th deadline. A district school board may sponsor a charter school in the county over which the board has jurisdiction~ A district school board shall receive and review all applications for a charter school. A district board must, by a majority vote, approve or deny an application no later than 60 days after the application is received. Upon approval of a charter application, the initial startup must be consistent with the beginning of the public school calendar for the district in which the charter is granted. An applicant may appeal any denial to the State Board of Education (SBOE) no later than 30 days after the district school board's decision. Charter School Report The number of newly created charter schools or existing public schools which may convert to charter schools is limited to no more than 28 in each school district that has 100,000 or more students. As a public school, charter schools cannot discriminate or limit enrollment based on race, religion, or disability. Charter schools are open to any student residing in the school district in which the charter school is located. A charter school shall organize as a nonprofit organization. As such, the charter school may choose to be either a public or private employer. A charter school may contract for services with private companies. Charters may not be granted directly to for-profit organizations but may contract with charter holder. For purposes of tort liability, the governing body and employees of a charter school shall be governed by section 768.28, Florida Statues. Charter schools must participate in the statewide assessment program (and may use other assessments). Each charter school must prepare annual progress report for chartering authority, state board, state commissioner, and legislature; department of education must prepare report for state board, commissioner, and legislature comparing test scores of charter school students with test scores of comparable students in the district General Requirements The general requirements for a charter school are: · A charter school must be non-sectarian in its programs, admission policies, employment practices and operations. · A charter school must admit students in a non-discriminatory and non-selective fashion. · A charter school must be accountable to its sponsor for performance. · A charter school may not charge tuition or fees, except those normally charged by other public schools. · A charter school must meet all applicable health, safety and civil rights requirements. · A charter school may not violate the anti-discrimination provisions of Section 228.2001, Florida Statutes. · A charter school is subject to an annual financial audit in a manner similar to that of a school district. · No organization shall hold more than one elementary, middle and one high school contract in a school district and no more than 15 charters statewide. A charter contract may be revoked or not renewed for: · Failure to meet the student performance requirements stipulated in the charter; · Failure to meet generally accepted standards of fiscal management; · Violation of law; or, · Other good cause shows. When a charter is not renewed or is terminated, the school shall be dissolved under the provisions of law under which the school was organized. Any unencumbered funds from the charter school shall revert to the district school board. Ifa charter Charter School Report 4 school is dissolved or otherwise terminated, all school property and improvements, furnishings, and equipment purchased with public funds shall revert to full ownership by the district school board. If a charter is not renewed or is terminated, the governing body of the school is responsible for all the debts of the charter school. The district may not assume debt from any contract or services made between the governing body of the school and a third party, except for a debt that is previously obtained and agreed upon in writing by both the district and the governing body of the school, and that may not reasonably be assumed to be satisfied by the district. Transportation For Students The charter school may provide transportation for charter school students. The governing body of a charter school may provide transportation through an agreement or contract with the district school board, a private provider, or parents. All decisions must be based on ensuring the safety of students. Facilities Requirements For Charter Schools Facilities utilized by a charter school must comply with the State Uniform Building Code for Public Educational Facilities Construction, or with applicable state minimum building codes, and state minimum protection fire codes, as adopted by the authority in whose jurisdiction the facility is located. Funding Students enrolled in a charter school, regardless of sponsorship, shall be funded as if they are enrolled in a basic program or a special program, the same as students enrolled in other public schools in the school district. Each charter school shall report its student enrollment to the district school board. The district school board shall include each charter school's enrollment in the district's report of student enrollment. The basis for funding students enrolled in a charter school shall be the sum of the school district's operating funds from the FEFP, including gross state and local funds, discretionary lottery funds, and funds from the school district's current operating discretionary millage levy; divided by the total funded weighted full-time equivalent (FTE) students in the school district; mukiplied by the weighted full-time equivalent (FTE) students for the charter school. Currently the funding formula is $4,100 per student for operations and $860 per student for capital outlay. Charter schools whose students or programs meet the eligibility criteria in law shall be entitled to their proportionate share of categorical program funds available in the FEFP, including transportation. Total funding for each charter school will be recalculated twice during the year to reflect revised calculations of student enrollment as reported during student survey periods. This could increase or decrease funding for the year. Any funding adjustments will be spread out over the remaining payments. If the district school board is providing programs or services to students funded by federal funds, any eligible students enrolled in charter schools in the school district shall be Charter School Report in schools operated by the district school board. Any administrative fee charged to the charter school by the school district shall be capped at the actual cost of administering the contract, or 5% of the available funds as defined in the funding formula, whichever is the lesser amount. Progress Reports Required The governing body of the charter school shall make annual progress reports to its sponsor, the State Board of Education, the Commissioner of Education, the president of the Senate, and the Speaker of the House of Representatives. Teachers At A Charter School Teachers employed by or under contract to a charter school shall be certified. All teachers and other employees of the charter school must have their backgrounds checked and be fingerprinted, just as in other public schools. A charter school shall select its own employees. Operational Issues A charter school can be either operated on a contractual basis with a private company or as a department of the City organization with employees and teachers hired by the City. Many charter schools were developed by outsourcing the design, build and operating functions to a private company with specific expertise in crating charter schools. In many of these cases they also arranged for the fmancing and leasing back of facilities. Charter School Report Starting a Chatter School The following is a brief example of the process that is in involved in designing, developing, and managing a charter school· Phase I: Assessment Phase Phase I1: Application Phase Phase III: Development Phase Phase IV: Operation Management Phase Phase I: Assessment In the Assessment Phase, the viability of the proposed project is measured. This study provides the necessary information to make a sound decision on whether we are prepared to organize a charter school. If the assessment does not demonstrate that the charter school would attract the required enrollment or is financially feasible the city may abandon or postpone the project· Phase Il: Application The Application serves as the basis for the charter agreement with the chartering agency. This document is a lengthy, detailed document that outlines in great detail the curriculum, operations, governance, and facilities plans for the proposed charter school Phase II1: Development The Development is a very detailed and comprehensive phase. It entails every aspect of the school to ensure that the school opens on time and is ready to educate and serve its students· Phase IV: Operations Management · Board of Directors · School administration · Technical support, assessment and testing performance comparisons · Budget oversight and compliance · Faculty professional development Charter School Report 7 Example of Chmler School Budget REVENUES STUDENT REVENUES State Education Revenue CategaricalRevenues Subtotal LESS BOARD 5% FEE OTHER REVENUES Food Services NET REVENUE NetRevenuePerStudent EXPENSES Personnel Costs Materials & Supplies Contract Services Facility Expense Insurance Expense Other Operations Fee Total Fund Balance Capital Outlay Revenue Available For debt/Lease $ 2,310,858 282,708 $ 2,593,566 (133,178) 10,000 $ 2,470,388 $ 4,941 $ 1,653,636 86,228 179,315 92,924 19,560 41,817 311,228 $ 2,384,708 $ 85,680 $ 422,885 $ 508,565 Charter School Report 8 Public School Attendance by Zip Code The following represents the current number of students attending public schools by zip code in the Aventura area: Grade Level PK K 33160 33180 Total 18 12 30 172 103 275 I 199 121 320 2 205 116 321 3 205 107 312 4 209 115 324 5 195 15t 346 PK-5 total 1203 725 1928 6-8 total 9-12 total Total 6 188 155 343 7 192 145 337 8 188 165 353 9 10 11 12 568 465 1033 241 190 431 200 140 340 170 181 351 132 124 256 743 635 1378~ 2514 t825 4339 Charter School Report 9 Pembroke Pines Charter School Pembroke Pines, Florida The Pembroke Pines Charter School was the first city-run charter school with open enrollment in the United States. It is a $I0 million, two- campus project that includes a 500-student elementary school, a 200- student pre-kindergarten facility and a 250-student primary learning center. Plagued by overcrowding due to a growing population, doubled in just 10 years, Pembroke Pines was able to take advantage of new legislation to ease overcrowding and improve the quality of education. The Ryder Elementary Charter School The Ryder Elementary Charter School is housed in a new (opened August 1999), state of the art, 30,000 square foot facility located adjacent to the Ryder System Headquarters building in West Miami-Dade. The two story building was specially constructed to house the school, so it has the luxury of having classrooms, designed to maximize learning. The building includes all the necessary wiring and infrastructure to support computers in the classrooms. A playground and soccer field provides ample outdoor space for physical education and afternoon activities. Charter School Report 10 Charter Schools in Miami-Dade County Liberty City Charter School Grades: PreK-8 Mrs. Katrina Wilson Davis 8700 NW Fifth Avenue Miami, FL 33150 Phone: 305-751-2381 Miami Shores/Barry University "Connected Learning Center" Charter School Grades: 6-8 Mr. Fred Damianos t 1441 NW Second Avenue Miami Shores, FL 33168 Phone: 305-754-2381 Coral Reef Motessori Academy Charter School, Inc. Grades: K-5 Ms. Juliet K'mg and Ms. Lucy Canzoneri-Golden 19000 SW 112 Avenue Miami, FL 33157 Phone: 305-255-0064 The Mater Center School, Inc. Grades K-5 Ms. Maggie Fresen 8298 NW 103 Street (West Campus) Hialieah Gardens, FL 33016 Phone: 305-698-99000 7700 NW 98 Street (Main Campus) Hialeah Gardens, FL 33016 418 SW Fourth Avenue (East Campus) Miami, FL 33030 Youth Co-Op Charter School Grades: 6-8 Ms. Maritza Aragon 12051 W. Okeechobee Road Hialeah Gardens, FL 33018 Phone: 305-819-8855 Charter School Report Florida International Academy Grades: 6-12 Dr. 3ack Kirschner 13250 NW 28 Avenue Miami, FL 33054 Phone: 305-688-9900/305-688-990! Spiral Tech Elementary Grades: KI5 Ms, Gisela Batan 12400 SW 72 Street Miami, FL 33163 Phone: 305-412-4127 Ryder Elementary School Grades: K-5 Ms. Alicia Rodriguez-Bower 8360 NW 33 Street Miami, FL 33122 Phone: 305-591-2225 ASPIRA Youth Leadership Charter School Grades: 6-9 Ms, Iliana Pena 13300 Memoriam Highway North Miami, FL 33161 Phone: 305-576-3333 Rosa Parks Community School Grades: 4-6 Mr. Herbert .1. Coleman 255 NE 2® Drive Homestead, FL 33030 Phone: 305-576-3333 Techworld Public Charter School Grades: 9-12 Mr. Allen Strachan Address- TBA Phone: 305-227-1776 The Doral Academy Grades: 6-8 Ms. Maggie Fresen Address - TBA Phone: 786-489-3611 Charter School Report 12 Broward County Charter Schools Charter School of Excellence 1217 SE Third Avenue Ft. Lauderdale, FL. 33316 954-522-2997 Somerset Neighborhood School 12425 SW 53rd Street Miramar, FL. 33027 305-829-2406 ~ ~ (east) 10801 Pembroke Road Pembroke Pines, FL. 33025 #954-443-4800 17189 Sheridan Street Pembroke Pines, FL. 33331 #TBA 3698 NW 15th Street Lauderhill, FL. 33311 #954-321-6777 9551 W. Sample Rd. Coral Springs, FL. 33065 #954-340-4100 Central Charter School 4525 N. State Road 7 Lauderdale Lakes, FL. 33319 #735-6295 (west) 1680 SW 184th Ave. Pembroke Pines, FL. 33025 #954-443-4812 18500 Pembroke Road Pembroke Pines, FL. 33029 #954-443-4879 955 SW 71st Avenue North Lauderdale, FL. 33068 #954-720-0299 Charter School Institute Training Center 520 NW 5th Street Hallandale, FL. 33009 #954-454-5348 Charter School Institute Tra'ming Center (Annex) 5420 N. State Rd. 7 Ft. Lauderdale, FL. 33319 #954-486-1640 Charter School Report 13 Infonmfion Sources City of Pembroke Pines Charlie Dodge, City Manager Charter Schoolhouse Developers, Inc. Joaquin G. Avino, PE, PLS President Design Works for Education Mark Howard, CSM President/COO Kathryn Wilbur Creative Land Development Services, Inc. Charter School Report 14 Exhibits Zip Code Map State Statue 228.056 Ryder Charter School Information Coral Springs Charter School Information News Article on North Lauderdale Charter School News Article on Miami Shores Charter School Charter School Report At/ 191 F.S. 1999 ~ gr ,5 or school districts 1C lice areas of the cen: ; Communication Disorders which serves Bay. Calhoun len. Gulf. Holmes, Jackson' Madison, Oka[oosa, Sant~ Iton, and Washington Coun- Jdicine at the University 01 lachua, Bradford, Citrus Hamilton, Hernando, Lafay~ im, Suwannee, and Union orida Health Science Center 9fves Baker, Clay, Duval Jhns Counties. ' 'arte Florida Mental Health South Florida. which serves , Glades, Hardee. Hendry ndian River, Lee, Manatee' ;0, Pinelfas, Polk, St. Lucie: er for Child Development at hich serves Sroward, Dade. Counties. 11th and Public Affairs at the ida, which serves Brevard. , Seminole, Sumter, and d for each center a constitu- IOrk collaboratively with the ;or~' + of no fewer than six e 10 individual who has ed lrl subsection (1) or is a Includes a person who has selected by each university "as been developed by the and other relevant constitu- t persons who have sensory In subsection (1). As repre. :onstituencies, these boards e stEJf of each of the centers les, priorities, and activities. the university president and :ation an annual report that nd accomplishments of its lide planning and coordina- J held annually tor staff from d representatives from each J. The purpose at the confer. jination, networking, cross- long the staffs and constitu. ;. lfQvide: ,ertise in autism and autistic- Dry impairments. )ct family assistance in the ;hool. A center's assistance responsibilities of state and school district is responsible Ie education program for c1i- chool <,ge. FS. 1999 ::--- ?UBLIC EDUCATION: GENERAL PROVISIONS Ch. 228 (c) Technical assistance and cons~ltation service~, Including specific intervention and assistance tor a cli- ent at the center, the client's tamily, and the school dis- trict, and any other services that are appropriate. (d) Professional training programs that include developing. providing, and evaluating preservlce and Inservice training in state-of-the-art practices for per- sonnel who work with the populations selVed by the centers and their families. (e) Public education programs to increase aware- ness of the public about autism, autistic-related disabili- ties of communication and behavior, dual sensory Impairments, and sensory impairments with other handicapping conditions. (5) The Department at Education, in cooperation with the regional autism centers, shall adopt the neces- sary rules to carry out the purposes of this section. History.-S 1. eh. 93-54; s. 1, eh. 96-148; s. 2. en. 98-65; s. 96, eh. 99-2 Note._Formers.393.0697 228.056 Charter schools.- (1) AUTHORIZATION.-The creation at charter schools is hereby authorized. Charter schools shall be part of the state's program of public education. All char- ter schools in Florida are fully recognized as public schools. A charter school may be tormed by creating a neW school or converting an existing public school to charter status. (2) PURPOSE.- The purpose at charter schools shall be to: (a) Improve student learning. (b) Increase learning opportunities tor all students, with special emphasis on expanded learning experi- ences for students who are identified as academically low achieving. (c) Encourage the use of different and innovative learning methods. (d) Increase choice at learning opportunities for students. (e) Establish a new torm at accountability for schools. (f) Require the measurement of learning outcomes and create innovative measurement tools. (g) Make the school the unit tor improvement. (h) Create new protessional opportunities for teachers, including the opportunity to own the learning program at the school site. (3) PROPOSAL.-A proposal for a new charter school may be made by an individual, teachers, par- ents, a group of individuals, a municipality, or a legal entity organized under the laws at this state. The district school board or the principal, teachers, andlor the school advisory council at an existing public school, Including a public school-within-a-school that is desig- nated as a school by the district school board, shall submit any proposal for converting the school to a char- ter school. An application submitted proposing to con- vert an existing public school to a charter school shall demonstrate the support at at least 50 percent at the teachers employed at the school and 50 percent at the parents voting whose children are enrolled at the school, provided that a majority of the parents eligible to vote participate in the ballot process, accrrding to procedures established by rules at the state board. A private school, parochial school, or home education program shall not be eligible for charter school status. (4) SPONSOR.-A district school board may span. sor a charter school in the county over which the board has jurisdiction. (a) A district school board shall receive and review all applications for a charter school. A district school board shall receive charter school applications through at least November 15 of each calendar year for charter schools to be opened at the beginning at the school dis- trict's next school year. A district school board may receive applications later than this date if it chooses. In order to facilitate an accurate budget projection proc' ess, a districf school board shall be held harmless tor FTE students which are not included in the FTE projec- tion due to approval of charter school applications after the FTE projection deadline. A district school board must by a majority vote approve or deny an application no later than 60 days after the application is received. If an application is denied, the district school board must, within 10 calendar days, articulate in writing the specific reasons based upon good cause supporting its denial of the charter application. Upon approval of a charter application, the initial startup must be consist- ent with the beginning of the public school calendar tor the district in which the charter is granted unless the district school board allows a waiver of this provision for good cause. (b) An applicant may appeal any denial at that per. son's application to the State Board of Education no later than 30 days after the district school board's deci- sion and shall notify the district school board at its appeal. Any response of the school board shall be sub- mitted to the state board within 30 days after notifica- tion of the appeal. The state board must by majority vote accept or reject the decision of the district school board no later than 60 days after an appeal is filed in accordance with state board rule. The state board may reject an appeal submission for failure to comply with procedural rules governing the appeals process. Tr,c rejection shall describe the submission errors. The appellant may have up to 15 days from notice of rejec- tion to resubmit an appeal that meets requirements of rule. An application for appeal submitted subsequent to such rejection shall be considered timely if the original appeal was filed within 30 days after the school board denial. The state board shall remand the application to the district school board with its written recommenda- tion that the district board approve or deny the applica- tion consistent with the state board's decision. The decision of the State Board at Education is not subject to the provisions of the Administrative Procedure Act, chapter 120. (c) The district school board must act upon the rec- ommendation of the State Board of Education within 30 days after it is received. The district board may fail to act in accordance with the recommendation of the state board only for good cause. Good cause for failing to act in accordance with the state board's recommendation arises only it the district school board determines by competent substantial evidence that approving the state board's recommendation would be contrary to law 193 or contrary to the Dest Interests OJ tnE PuPI:S UI,I,8 :':;,j, i,- munity. The district school board must articulate In writ- ten findings the specific reasons based upon good cause supporting its failure to act in accordance with the state board's recommendation. The district board's action on the state board's recommendation IS a final action subject to judicial review. (d) The Department at Education may provide technical assistance to an applicant upon written request. (e) Paragraph (a) notwithstanding, a state univer- sity may grant a charter to a developmental research school created under s. 228.053. In considering such charter, the state university must consult with the dis- trict school board of the county in which the develop- mental research school is located. The decision of a state university may be appealed pursuant to the pro- cedure established in this subsection. (f) The terms and conditions for the operation of a charter school shall be sef forth by the sponsor and the applicant in a written contractual agreement. The spon- sor shall not impose unreasonable rules or regulations that violate the intent of giving charter schools greater flexibility to meet educational goals. The applicant and sponsor shaH have 6 months in which to mutually agree to the provisions of the contract. The Department of Education shall provide mediation services for any dis- pute regarding this section subsequent to the approval of a charter application, except disputes regarding charter school application denials. If the Commissioner of Education determines that the dispute cannot be set- tled through mediation, the dispute may be appealed to an administrative law judge appointed by the Division of Administrative Hearings. The administrative law judge may rule on issues of equitable treatment of the charter school as a public school, whether proposed provisions of the contract violate the intended flexibility granted charter schools by statute, or on any other matter regarding this section except a charter school applica~ tion denial. The costs of the administrative hearing shall be paid by the party whom the administrative law judge rules against. (g) The sponsor shall monitor and review the char- ter school in its progress towards the goals established in the charter. (h) The sponsor shall monitor the revenues and expenditures of the ''.rter sc~-')1. (5) NUMBER OF SCHOOLS.- The number of newly created charter schools or existing public schools which may convert to charter schools IS limited to no more than 28 in each school district that has 100,000 or more students, no more than 20 in each school district that has 50,000 to 99,999 students, and no more than 12 in each school district with fewer than 50,000 students. (6) ELIGIBLE STUDENTS.- (a) A charter school shall be open to any student covered in an interdistrict agreement or residing in the school district in which the charter school is located. Any eligible student shall be allowed interdistrict trans- fer to attend a charter school when based on good cause. When a public school converts to charter status, enrollment preference shall be given to students who charter school may give enrollment preterence \0 a SIC. ling of a student enrolled in the charter school or to th, child of an employee of the charter school. - (b) The charter school shall enroll an eligible slu dent who submits a timely application, unless the, ,um ber of applications exceeds the capacity of a program class, grade level, or building. In such case, all appli. cants shall ha\'8 an equal chance of being admittea through a random selection process. (c) A charter school may limit the enrollment proc. ess only to target the following student populations: 1. Students within specific age groups or grade levels. 2. Students considered at risk of dropping out DI school or academic failure. Such students shall inclUde exceptional education students. 3. Students enrolling in a charter school-in-the- workplace established pursuant to subsection (22) 4. Students residing within a reasonable distance of the charter school, as described in paragrapr (13)(c). Such students shall be subject to a random lot. tery and to the racial/ethnic balance provisions described in subparagraph (9)(a)8. or any tederal pro. visions which require a school to achieve a racial/ethnic balance reflective of the community it serves or within the racial/ethnic range of other public schools in the same school district. (d) A student may withdraw from a charter school a: any time and enroll in another public school as deter- mined by school board policy. (e) Students with handicapping conditions and stu dents served in English tor Speakers of Other Lan. guages programs shall have an equal oppoi1unity of being selected for enrollment in a charter school. (7) LEGAL ENTITY.-A charter school shall orga. nize as, or be operated by, a nonprofit organization. A charter school may be operated by a municipality or other public entity as provided tor by law. As such, the charter school may be either a private or a publiC employer. As a public employer, a charter school may participate in the Florida Retirement System upon application and approval as a "covered group" under s 121.021 (34). It a charter school participates in the Flor ida Retirement System, the charter school employees shall be compulsory members of the Florida Retire. ment System. As either a private or a public employer, a charter school may contract tJr services with <:,[1 indi. vidual or group of individuals who are organized as a partnership or a cooperative. Individuals or groups of individuals who contract their services to the charter school are not public employees. (8) REQUIREMENTS.- (a) A charter school shall be nonsectarian in its pro. grams, admission policies, employment practices, and operations. (b) A charter school shall admit students as pro- vided in subsection (6). (c) A charter school shall be accountable to lis sponsor for performance as provided in subsection (9) (d) A charter school shall not charge tuition or tees, except those fees normally charged by other publIC schools. J",_, ,\ Jnt' I' '~n ( ,:115' { tel' lJP' Jd l)8 "n cO J~ s( [11 Ie d ,1 LI t: 194 F.S. ~ PUBLIC EDUCATION: GENERAL PROVISIONS Ch. 228 pt public school. A reference to a sib. ~ charter school or to the ~arter school. all enroll an eligible stu- lication, unless the num. e capacity of a program, In such case, all appli- ance of being admitted ocess. mit the enrollment proc- ~ student populations: c age groups or grade : risk of dropping out of :h students shall include ~ charter school-in-the_ ,t to subsection (22). ~ a reasonable distance ~scribed in paragraph subject to a random o balance provisions a)8. or any federal pro- ) achieve a racial/ethnic unity it serves or within r public schools in the from a charter school at public school as deter- nditions and stu- of Other Lan- ~n equal opportunity of ~ a charter school. ]rter school shall orga- )nprofit organization. A ~d by a municipality or or by law. As such, the a private or a public -, a charier school may irement System upon overed group" under s. participates in the Flor* [rter school employees of the Florida Retire- ~ or a public employer, r services with an indi- ho are organized as a ~dividuals or groups of ~ervices to the charter nonsectarian in its pro- oyment practices, and dmit students as pro- 3e accountable to its 'ided in subsection (9). charge tuition or fees, arged by other public (e) A charter school shall meet all applicable state and local health, safety, and civil rights requirements. A charter school shall not violate the ¢If,~iscrimination provisions of s.228.2001' f~/ A charter school shal be subject to an annual financial audit in a manner similar to that of a schoo district. (h) No organization shall hold more than 15 char- ~ers statewide- (9) CHARTER.--The major issues involving the operation of a char[er school shall be considered in advance and written into the charter. The char[er shall be s gned by the governing body of the charter school and the sponsor, follow nga public hearing to ensure community input. (a) The charter shall address, and criteria for approval of the charter shall be based on: 1. The school's mission, the students to be served, and the ages and grades to be included. 2. The focus of the curriculum, the instructional methods to be used, and any distinctive instructional techniques to be employed. 3, The current incoming baseline standard of stu- dent academic achievement, the outcomes to be achieved, and the method of measurement that will be used. This section shall include a detailed description for each el the following: a. How the baseline student academic achieve- ment levels and prior rates of academic progress will be established; b. How these baseline rates will be compared to rates of academic progress achieved by these same students while attending the charter school; and c. To the extent possible, how these rates ct prog- ress will be evaluated and compared with rates of prog- ress of other closely comparable student populations. 4. The methods used to identify the educational ~!re~qths end needs of students and how well educa- tional goals anu pedorh~,~, ~ce staudards are met by stu- dents attending the charter school. Students in charter schools shall, at a minimum, participate in the state- wide assessment program. 5. in secondary charter schools, a method for determining that a student has satisfied the require- ments for graduation in s. 232.246. 6. A method for resolving conflicts between the governing body of the charter school and the sponsor. 7. The admissions procedures and dismissal pro- cedures, including the school's code of student con- duct. 8. The ways by which the school will achieve a racial/ethnic balance reflective of the community it serves or within the racial/ethnic range of other public schools in the same school district. 9. The financial and administrative management of the school, including a reasonable demonstration of the professional experience or competence of those individuals or organizations applying to operate the charter school or those hired or retained to perform such professional services, Both public sector and pri- vate sector professional experience shall be equally valid in such a consideration. 10. The manner in which the school will be insured, including whether or not the school will be required to have liability insurance, and, if so, the terms and condi- tions thereof and the amounts of coverage. 11. The term of the charter which shall provide for cancellation of the charter if insufficient progress has been made in attaining the student achievement objec- tives of the charter and if it is not likely that such objec- tives can be achieved before expiration of the charter. The initial term of a charter shall be for 3, 4, or 5 years. In order to facilitate access to long-term financial resources for charter school construction, charter schools that are operated by a municipality or other public entity as provided by law are eligible for up to a 15-year charter, subject to approval by the local school board. In addition, to facilitate access to long-term financial resources for charter school construction, charter schools that are operated by a private, not-for- profit, s. 501(c)(3) status corporation are eligible for up to a 10-year charter, subject to approval by the local school board. Such 1cng-term charters remain subject to annual review and may be terminated during the term of the charter, but only for specific good cause according to the provisions set forth in subsection (10). 12. The facilities to be used and their Iocati°n- 13. The qualifications to be required of the teach- ers. 14. The governance structure of the school, includ- ing the status of the charter school as a public or private employer as required in subsection (7), 15. A timetable for implementing the charter which addresses the implementation of each element thereof and the date by which the charter shall be awarded in order to meet this timetable, 16. In the case of an existing public school being converted to charter status, alternative arrangements for current students who choose not to attend the char- ter school and for current teachers who choose not to teach in the charter school after conversion in accord- ance with the existing collective bargaining agreement or school board policy in the se ~ce of a collective bargaining agreement. (b) A charter may be renewed every 5 school tY~ears, provided that a program review demonstrates at the crter a n paragraph (a) have been successfully accomp shed. In order to facilitate 1cng-term financing for charier school construct on, char[er schools operat- ing a minimum of 3 years and demonstrating exemplary academic programming and fiscal management are eli- gcible for a 15-year charter renewal. Such long-term barter is subject to annual review and may be termi- nated during the term of the charter. (c) A charter may be modified during its initial term or any renewal term upon the recommendation of the sponsor and the approval of both parties to the agree- ment. (d The governing body of the charter school shall make annual progress reports to its sponsor, which upon verification shall be forwarded to the Commis- sioner of Education at the same time as other annua~ school accountability reports. The report shall contain at least the following intormation: 1. The charter school's progress towards achiev- ing the goals outlined in its charter. 195 Ch. 228 PUBLIC EDUCATION: GENERAL PROVISIONS F.S. 199~ 2. The information required in the annual school report pursuant to s. 229.592. 3. Financial records of the charter scho.)l, includ- ing revenues and expenditures. 4. Salary and benefit levels of charter school employees. (e) A sponsor shall ensure that the charter is inno- vative and consistent with the state education goals established by s. 229.591. (f) Upon receipt of the annual report required by paragraph (d), the Department of Education shall pro- vide to the State Board of Education, the Commis- sioner of Education, the President of the Senate, and the Speaker of the House of Representatives an analy- sis and comparison of the overall performance of char- ter school students, to include all students whose scores are counted as part of the state assessment program, versus comparable public school students in the district as determined by the state assessment pro- gram currently administered in the school district, and, as appropriate, the Florida Writes Assessment Test, the High School Competency Test, and other assess- ments administered pursuant to s. 229.57(3). (g) Whenever a municipality has submitted charter applications for the establishment of a charter school feeder pattern (elementary, middle, and senior high schools), and upon approval of each individual charter application by the district school board, such applica- tions will then be designated as one charter for all pur- poses listed pursuant to this section. (10) CAUSES FOR NONRENEWAL OR TERMINA- TION.- (a) At the end of the term of a charter, the sponsor may choose not to renew the charter for any of the fol- lowing grounds: 1. Failure to meet the requirements for student pertormance stated in the charter. 2. Failure to meet generally accepted standards of fiscal management. Violation of law. 4. Other good cause shown. (b) During the term of a charter, the sponsor may terminate the charter for any of the grounds listed in paragraph (a). (c) At least 90 days prior to renewing or terminating a charter, the sponsor shall notify the governing body of the school of the proposed action in writing. The notice shall state in reasonable detail the grounds for the pro- posed action and stipulate that the school's governing body may, within 14 days after receiving the notice, request an informal hearing before the sponsor. The sponsor shall conduct the informal hearing within 30 days after receiving a written request. The charter school's governing body may, within 14 days after receiving the sponsor's decision to terminate or refuse to renew the charter, appeal the decision pursuant to the procedure established in subsection (4). (d) A charter may be terminated immediately if the sponsor determines that good cause has been shown or if the health, safety, or welfare of the students is threatened. The school district in which the charter school is located shall assume operation of the school under these circumstances. (e) When a charter is not renewed or is terminated the school shall be dissolved under the provisions of law under which the school was organized, and any unencumbered funds from the charter school shall revert to the district school board. In the event a charter school is dissolved or is otherwise terminated, all dis- trict school board property and improvements, furnish- ings, and equipment purchased with public funds shall automatically revert to full ownership by the district school board. (f) If a charter is not renewed or is terminated, the governing body of the school is responsible for all debts of the charter school. The district may not assume the debt from any contract for services made between the governing body of the school and a third party, except for a debt that is previously detailed and agreed upon in writing by both the district and the governing body of the school and that may not reasonably be assumed to have been satisfied by the district. (g) If a charter is not renewed or is terminated, a student who attended the school may apply to, and shall be enrolled in, another public school. Normal application deadlines shall be disregarded under such circumstances. (11) EXEMPTION FROM STATUTES.--A charter school shall operate in accordance with its charter and shall be exempt from all statutes of the Florida School Code, except those pertaining to civil rights and student health, safety, and welfare, or as otherwise required by this section. A charter school shall not be exempt from the following statutes: chapter 119, relating to public records, and s. 286.011, relating to public meetings and records, public inspection, and penalties. The sponsor, upon request of a charter school, may apply to the Commissioner of Education for a waiver of provi sions of chapters 230 through 239 which are applicable to charter schools under this section, except that the provisions of chapters 236 or 237 shall not be eligible for waiver if the waiver would affect funding allocations or create inequity in public school funding. The com- missioner may grant the waiver if necessary to imple- ment the school program. (12) EMPLOYEES OF CHARTER SCHOOLS.-- (a) A charter school shall select its own employees A charter school may contract with its sponsor for the services of personnel employed by the sponsor. (b) Charter school employees shall have the option to bargain collectively. Employees may collectively bar. gain as a separate unit or as part of the existing district collective bargaining unit as determined by the struc- ture of the charter school. (c) The employees of a conversion charter school shall remain public employees for all purposes, unless such employees choose not to do so. (d) The teachers at a charter school may choose to be part of a professional group that subcontracts with the charter school to operate the instructional program under the auspices of a partnership or cooperative that they collectively own. Under this arrangement, the teachers would not be public employees. (e) Employees of a school district may take leavet0 accept employment in a charter school upon the approval of the district school board. While employed 196 by the the sc accrue cover( if the c to this shall r teach hibit s arran[ (f) chart6 231. / contr~ provic staff ~ vialed scho( empk ual's pend~ actior has b with ~ tions (g) empl, s. 23 lar to chad (1', scho as if the s the .~ 228.: (a 236. 236. char dent (b dent the; Edu~ and stat~ func cret wek. trict: den stuc shai call in th F:S~199~99 PUBLIC EDUCATION: GENERAL PROVISIONS Ch. 228 is not renewed or is terminated solved under the provisions o¢ chool was organized, and any from the charier school sharl ~ol board. In the event a charter s otherwise terminated, all dis. r~y and improvements, furnish. rchased with public funds Shall fu~I ownership by the district renewed or is terminated the aool is respons ble for all debts e district may not assume the ~r services made between the hool and a third party, except sly detailed and agreed Upon rict and the governing body ol lot reasonably be assumed to e district. renewed or is terminated, a e school may apply to, and ether public school. Normal II be disregarded under SUch DM STATUTES.--A charter 3ordance with its charier and refutes of the Florida School ling to cJvi~ rights and student , or as otherwise required by not be exempt from 19, relating to public to public meetings ection, and penalties. The ~ charier school, may apply ucation for a waiver of provi- gh 239 which are applicable his section, except that the or 237 shall not be eligible ~d affect funding allocations ; sc,aool funding. The corn. aiver if necessary to imple- :HARTER SCHOOLS.-- ~ select its own employees. act with its sponsor for the oyed by the sponsor. ~yees shall have the option oyees may collectively bar- ; part of the existing district ; determined by the struc- conversion charier school es for all purposes, unless to do so. ~rter school may choose to ,up that subcontracts with the instructional program ership or cooperative that .~r this arrangement, the emoloyees. I dis dct may take leave to school upon the While employed '0¥ the charier school and on leave that is approved by t~e school board, the employee may retain seniority accrued in that school district and may continue to be covered by the benefit programs of that school district, ~f the charier school and the district school board agree fo this arrangement and its financing, School districts shall not require resignations of teachers desiring to leach in a charter school. This paragraph shall not pro- hibit a school board from approving alternative leave arrangements consistent with chapter 231. (f) Teachers employed by or under contract to a chader school shall be certified as required by chapter 231, A charter school governing board may employ or contract with skilled selected noncertified personnel to provide instructional services or to assist instructional staff members as education paraprofessionals in the same manner as defined in chapter 231, and as pro- vided by State Board of Education rule for charter school governing boards. A charter school may not employ an individual to provide instructional services or to serve as an education paraprofessional if the individ- JaFs certification or licensure as an educator is sus- pended or revoked by this or any other state. A charter school may not knowingly employ an individual who ,has resigned from a school district in lieu of disciplinary action with respect to child welfare or safety, or who has been dismissed for just cause by any school district with respect to child welfare or safety. The qualifica- tions of teachers shall be disclosed to parents. (g) A charter school shall employ or contract with employees who have been fingerprinted as provided in s 231.02. Members of the governing board of the char- ter schoo~ shall also be fingerprinted in a manner simi- lar to that provided in s. 231.02 prior to approval of the charter. (13) REVENUE.--Students enrolled in a charter school, regardless of the sponsorship, shall be funded as if they are in a basic program or a special program, the same as students enrolled in other public schools in the school district. Funding for a chartered develop- mental research school shall be as provided in s. 228.053(9). (a) Each charter school shall report its student enrollment to the district school board as required in s. 236.081, and in accordance with the definitions in s. 236.013. The district school board shall include each charter school's enrollment in the district's report of stu- dent enrollment. (b) The basis for the agreement for funding stu- dents enrolled in a charter school shall be the sum of the school district's operating funds from the Florida Education Finance Program as provided in s. 236.081 and the General Appropriations Act, including gross state and local funds, discretionary lottery funds, and funds from the school district's current operating dis- cretionary millage levy; divided by total funded weighted full-time equivalent students in the school dis- trict; multiplied by the weighted full-time equivalent stu- dents for the charter school. Charter schools whose students or programs meet the eligibility crited~ in law shall be entitled to their proportionate share of categori- cal program funds included in the total funds available ~nthe Florida Education Finance Program by the Legis- lature, including transportation. Total funding for each charter school will be recalculated during the year to reflect the revised calculations under the Florida Edu- cation Finance Program by the stale and the actual weighted fuji-time equivalent students repoded by the charter school during the full-time equivalent student survey periods designated by the Commissioner of Education. (c) Transportation of charter school students shall be provided by the charter school consistent with the requirements of chapter 234. The governing body of the charier school may provide transportation through an ~greement or contract with the district school board, a private provider, or parents. The charter school and the sponsor shall cooperate in making arrangements that ensure that transportation is not a barrier to equal access for all students residing within a reasonable dis- tance of the charier school as determined in its charter (d) If the district school board is providing programs or services to students funded by federal funds, any eli- gible students enrolled in charter schools in the school district shall be provided federal funds for the same level of service provided students in the schools oper- ated by the district school board. Purauant to provisions of 20 U.S.C. 806t s. 10306, all chader schools shall receive all federal funding for which the schoo~ is other- wise eligible, including Title I funding, not later than 5 months after the charter school first opens and within 5 months after any subsequent expansion of enrollment. (e) Any administrative fee charged by the school district relating to a charter school shall be limited to 5 percent of the available funds as defined in paragraph (b). The sponsor shall provide certain administrative and educational services to charter schools at no addi- tional fee. These services shall include contract man- adement ~ervices, FTE and data reporting, exceptional student education administration, test administration, processing of teacher ceriificate data, and information services. (f) t;chool boards shall make every effort to ensure that charter schools receive timely and efficient reim- bursement, including processing paperwork required to access special state and federal funding for which they may be eligible. The district school board may distribute funds to a charter school for up to 3 months based on the projected full-time equivalent student membership of the charter school. Thereafter, the results of full-time equivalent student membership surveys must be used in adjusting the amount of funds distributed monthly to the charier school for the remainder of the fiscal year. The payment shall be issued no later than 10 working days after the district school board receives a distribu- tion of state or federal funds. If a warrant for payment is not issued within 30 working days after receipt of funding by the district school board, the school district shall pay to the charter school, in addition to the amount of the scheduled disbursement, interest at a rate of 1 percent per month calculated on a daily basis on the unpaid balance from the expiration of the 30-day period until such time as the warrant is issued. (g) If a district school board facility or property is available because it is surplus, marked for disposal, or otherwise unused, it shall be provided for a charter 197 Ch. 228 PUBLIC EDUCATION: GENERAL PROVISIONS F.S. 1999 F.S school's use on the same basis as it is made available to other public schools in the district. A charter school receiving property from the school district may not sell or dispose of such property without written permission of the school district. Similarly, for an existing public school converting to charter status, no rental or ~easing fee for the existing facility or for the property normalty inventoried to the conversion school may be charged by the. c~istrict school board to the parents and teachers organizing the charter school. The charter organizers shall agree to reasonable maintenance provisions in order to maintain the facility in a manner similar to dis- trict school board standards. (h) If other goods and services are made available to the charter school through the contract with the school district, they shall be provided to the charter school at a rate no greater than the district's actuat cost. To maximize the use of state funds, school dis- tricts shall allow charier schools to participate in the sponsor's bulk purchasing program if applicable. (14) IMMUNITY.--For the purposes of tort liability, the governing body and employees of a charter school shall be governed by s. 768.28. (15) LENGTH OF SCHOOL YEAR.--A charter school shall provide instruction for at least the number of days required by law for other public schools, and may provide instruction for additional days. (16) FAClLITIES.--A charter school shall utilize facilities which comply with the State Uniform Building Code for Public Educational Facilities Construction adopted pursuant to s. 235.26 or with applicable state minimum building codes pursuant to chapter 553 and state minimum fire protection codes pursuant to s. 633.025, as adopted by the authority in whose jurisdic- tion the facility is located. (17) INITIAL COSTS.--A sponsor may approve a char*~r for 2 charter school before the applicant has secured space, equipment, or personnel, if the appli- pant indicates approval is necessary for it to raise work- ,ng capital. (18) INFORMATION.--The Department of Educa- tion shall provide information to the public, directly and through sponsors, both on how to form and operate a charter school and on how to enroll in charter schools once they are created. This information shall include a standard application format which shall include the information specified in subsection (9). This application format may be used by chartering entities. (19) GENERAL AUTHORITY.--A charter school shall not levy taxes or issue bonds secured by tax reve- nues. (20) REVIEW.-- (a) The Department of Education shall regularly convene a Charter School Review Panel in order to review issues, practices, and policies regarding charter schools. The composition of the review panel shall include individuals with experience in finance, adminis- tration, law, education, and school governance, and individuals familiar with charter school construction and operation. The panel shall include two appointees each from the Commissioner of Education, the President of the Senate, and the Speaker of the House of Repre- sentatives. The Governor shall appoint three members of the panel and shall designate the (:hair. Each mem- ber of the panel shall serve a 1-year term, unless renewed by the office making the appointment The panel shall make recommendations to the Legislature, to the Department of Education, to charter schools, and to school districts for improving charter school opera- tions and oversight and for ensuring best business practices at and fair business relationships with charter schools. (b) The Legislature shall review the operation of charter schools during the 2000 Regular Session of the Legislature. (21) RULEMAKING.--The Department of Educa. lion, after consultation with school districts and charter school directors, shall recommend that the State Board of Education adopt rules to implement specific subsec- tions of this section. Such rules shalt requme minimum paperwork and shall not limit char[er school flexibility authorized by statute. (22) CHARTER SCHOOLS-iN-THE-WORKPLACE (a) In order to increase business partnerships m education, to reduce school and classroom overcrowd- ing throughout the state, and to offset the high costs for educational facilities construction, the Legislature intends to encourage the formation of business part- nership schools or satellite learning centers through charter school status. (b) A charter schooFin-the-workplace may be established when a business partner provides the school facility to be used; enrolls students based upon a random lottery which involves all of the children of employees of that business or corporation who are seeking enrollment, as provided for in subsection (6/; and enrolls students according to the racial/ethnic bal- ance provisions described in subparagraph (9)(a)8. Any portior, of a facility used for a public char[er school shall be exempt from ad valorem taxes, as provided for in s. 235.198, for the duration of its use as a public s;hool. History.--s 1, oh 96-186; S 1, ch 97-207; s 20, ch 97-384; s 1, ch 98-206 s 2, ch 98-292; s 1, ch 99 3; 4; s 44, ch 99-398 228,0561 Charter schools capital outlay funding. (1) In each year in which funds are appropriated for charter school capital outlay purposes, the Commis- sioner of Education shall allocate the funds among eli- gible charter schools. To be eligible for a funding allo- cation, a charter school must meet the provisions of subsection (6), must have received final approval from its sponsor pursuant to s. 228.056 for operation during that fiscal year, and must serve students in facilities that are not provided by the charter school's sponsor. Prior to the release of capital outlay funds to a school district on behalf of the charter school, the Department of Educatioh shall ensure that the district school board and the charter school governing board enter into a written agreement that includes provisions for the reversion of any unencumbered funds and all equip- ment and property purchased with public education funds to the ownership of the district school board, as pr }vided for in subsection (3), in the event that the school terminates operations. Any funds recovered by the state shall be deposited in the General Revenue 198 Fun Unk tiom sch~ proj~ cost for a ate. corn year iecte miss essa enro aclu a sct outla appli catio (2) purpc chart( (a) (b) (c) (d) and fr (3) nated. prope equipr able o tialow ture of (4) proced fundin~c mentin! (5) Depart¢ capital shatl bt (6) allocatk funds s F.S. 19~99 F~S. 1999 PUBLIC EDUCATION: GENERAL PROVISIONS Ch. 228 Each mem. ,e a 1-year term, unless ng the appointment. The dations to the Legislature, ~n, to charter schools, and lng charter school opera~ ensuring best business relationships with charter review the operation of 30 Regular Session of the Department of E~ca- :hool districts and charter nend that the State Board ~plement specific subsec. es shall require minimum charter school flexibility ~-IN-THE-WORKPLACE. 3usiness padnerships in nd classroom overcrowd- o offset the high costs for 'uction, the Legislature mation of business part- earning centers through the-workplace may be ~s partner provides the )lJa~tudents based upon /~ of the children of o~'"'~orporation who are ed for in subsection (6); ;7 to the racial/ethnic bal- l subparagraph (9)(a)8. )r a public charter school ~m taxes, es provided for ¢~ ol its us~ as a public capital outlay funding. ~nds are appropriated for purposes, the Commis- ate the funds among eli- ligible for a funding silo- meet the provisions of .~ived final approval from 056 for operation during ~ve students in facilities hader school's sponsor. outlay funds to a school school, the Department the district school board qing board enter into a des provisions for the 9d funds and all equip- f with public education district school board, as ), in the event that the nds recovered by ~eneral Revenue Fund. A charter school is not eligible for a fundi~g allo- cation if it was created by the conversion of a public school and operates in facilities provided by the charter school's sponsor for a nominal fee or at no charge. dnless otherwise provided in the General Appropria- tions Act, the funding allocation for each eligible charter school shall be determined by multiplying the school's projected student enrollment by one-thirtieth of the cost-per-student station specified in s. 235.435(6)(b) for an elementary, middle, or high school, as appropri- ate. If the funds appropriated are not sufficient, the commissioner shall prorate the available funds among eligible charter schools. In the first quarter of the fiscal year funds shall be distributed on the basis of pro- jected enrollment as provided in this sect on. The com- missioner shall adjust subsequent distributions as nec- essary to reflect each charter school's actual student enrollment. The commissioner shall establish the inter- vals and procedures for determining the projected and actual student enrollment of eligible charter schools. If s school district chooses to share funding for the capital outlay purposes described in subsection (2) with the applicable charter school or charter schools, any allo- cation of charter school capital outlay funds to the char- ter school or charter schools shall be reduced by the amount shared. (2) A charter school's governing body may use charter school capital outlay funds for any capital outlay purpose that is directly related to the functioning of the charter school, including the: (a) Purchase of real property. (b) Construction, renovation, repair, and mainte- nance of school facilities. (c) Purchase, lease-purchase, or lease of perma- nent or relocatable school facilities. (d) Purchase of vehicles to transport students to and from the charter school. (3) When a charter schoui is ~ionreoewed or t,~rmi- hated, any unencumbered funds and all equipment and property purchased with public funds shall revert to the ownership of the district school board, as provided for in s. 228.056(10)(e) and (f). The reversion of such equipment, property, and furnishings shall focus on recoverable assets, but not on intangible or irrecover- able costs such as rental or leasing fees, normal main- tenance, and limited renovations. If there are additional local issues such as the shared use of facilities or par- tial ownership of facilities or property, these issues shall be agreed to in the charter contract prior to the expendi- ture of funds. (4) The Commissioner of Education shall specify procedures for submitting and approving requests for funding under this section and procedures for docu- menting expenditures. (5) The annual legislative budget request of the Department of Education shall include a request for capital outlay funding for charter schools. The request shall be based on the projected number of students to be served in charter schools who meet the eligibility requirements of this section. (6) Unless authorized otherwise by the Le9~ iature, allocation and proration of charter school capita~ outlay funds shall be made to eligible charter schools by the Commissioner of Education in an amount and in a man- ner authorized by subsection (1). History.--s 2. ch 98 206; s 2 ch 99-374 228.0565 Deregulated public schools,-- (1) PILOT PROGRAM--To provide public schools the same flexibility and accountability afforded charter schools, pilot programs for deregulated public schools shall be conducted. The following districts are author* ized to conduct pilot programs in 1998-1999: Palm Beach, Pinellas, Seminole, Leon, Walton, and Citrus Counties. The schools and school districts which are participating in the pilot program as of January 1, 1999, are authorized to continue the pilot program through the 2003-2004 school year. Lee County is authorized to conduct the pilot program beginning in the 1999-2000 school year through the 2003-2004 school year. (2) PURPOSE.--The purpose of the pilot program for deregulated public schools shall be to: (a) Improve student learning. (b) Increase learning opportunities for all students, with special emphasis on expanded learning expem ences for students who are identified as academically Iow achieving. (c) Encourage the use of different and innovative learning methods. (d) Increase choice of learning opportunities for students. (e) Establish a new form of accountability for schools. (f) Require the measurement of learning outcomes and create innovative measurement tools. (g) Make the school the unit for improvement. (h) Relieve schools of paperwork and procedures that are required by the state and the district for pur- poses other than health, safety, equal opportunity, fis- cal accountability and documentation of student achievement. (3) PROPOSAL.-- (a) A proposal to be a deregulated school must be developed by the school principal and the school advi- soW council. A majority of the members of the school advisory council must approve the proposal, and the principal and the school advisory council chair must sign the proposal. At least 50 percent of the teachers employed at the school must approve the proposal. The school must conduct a survey to show parental support for the proposal. (b) A district school board shall receive and review all proposals for a deregulated public school. A district school board must by a majority vote approve or deny a proposal no later than 30 days after the proposal is received. If a proposal is denied, the district school board must, within 10 calendar days, articulate in writ- ing the specific reasons based upon good cause sup- porting its denial of the proposal. (c) The Department of Education may provide technical assistance to an applicant upon written request. (d) The terms and conditions for the operation of a deregulated public school shall be set forth in the pro- posal. The school district shall not impose unreason- able rules or regulations that violate the intent of giving schools greater flexibility to meet educational goals. 199 Ch. 228 PUBLIC EDUCATION: GENERAL PROVISIONS F,S. 1999 (4) ELIGIBLE STUDENTS.-- (a) A deregulated school shall be open to all stu- dents residing in the school's attendance boundaries as determined by the school district. (b) The deregulated public school shall have maxi- mum flexibility to enroll students under the school dis- trict open enrolled plan. (5) REQUIREMENTS.--Like other public schools, a deregulated public school shall: (a) Be nonsectarian in its programs, admission pol- icies, employment practices, and operations. (b) Not charge tuition or fees, except those fees normally charged by other public schools. (c) Meet all applicable state and local health, safety, and civil rights requirements. (d) Not violate the antidiscrimination provisions of s. 228.2001. (e) Be subject to an annual financial audit in a man- ner similar to that of other public schools in the district. (6) ELEMENTS OF THE PROPOSAL.~The major issues involving the operation of a deregulated public school shall be considered in advance and written into the proposal. (a) The proposal shall address, and criteria for approval of the proposal shall be based, on: 1. The school's mission and the students to be served. 2. The focus of the curriculum, the instructional methods to be used, and any distinctive instructional techniques to be employed. 3. The current baseline standard of achievement and the outcomes to be achieved and the method of measurement that will be used. 4. The methods used to identify the educational strengths and needs of students and how well educa- tional goals and pe; ,mance standards are met by stu- dents attending the school. Students in deregulated public schools shall, at a minimum, participat .. in the statewide assessment program. 5. In secondary schools, a method for determining that a student has satisfied the requirements for gradu- ation in s. 232.246. 6, A method for resolving conflicts between the school and the district. 7. The admissions procedures and dismissal pro- cedures, including the school's code of student con- duct. 8. The ways by which the school's racial/ethnic balance reflects the community it serves or reflects the raciaL/ethnic range of other public schools in the same school district. 9. The financial and administrative management of the school including a statement of the areas in which the school will have administrative and fiscal autonomy and the areas in which the school will follow school district fiscal and administrative policies. 10. The manner in which the school will be insured, including whether or not the school will be required to have liability insurance, and, if so, the terms and condi- tions thereof and the amounts of coverage. 11. The qualifications to be required of the teach- ers. (b) The school shall make annual progress reports to the district, which upon verification shall be for- warded to the Commissioner of Education at the same time as other annual school accountability reports. The report shall contain at least the following information: 1. The school's progress towards achieving the goals outlined in its proposal. 2. The information required in the annual school report pursuant to s. 229.592. 3. Financial records of the school, including reve- nues and expenditures. 4. Salary and benefit levels of school employees. (c) A school district shall ensure that the proposal is innovative and consistent with the state education goals established by s. 229.591. (d} Upon receipt of the annual report required by paragraph (b), the Department of Education shall pro- vide the State Board of Education, the Commissioner of Education, the President of the Senate, and the Speaker of the House of Representatives with a copy of each report and an analysis and comparison of the overall performance of students, to include all students in deregulated public schools whose scores are counted as part of the statewide assessment tests, ver- sus comparable public school students in the district as determined by FCAT and district assessment tests and, as appropriate, the Florida Writes Assessment Test, the High School Competency Test, and other assessments administered pursuant to s. 229.57(3). (7) EXEMPTION FROM STATUTES.-- (a) A deregulated public school shall operate in accordance with its proposal and shall be exempt from all statutes of the Florida School Code, except those pertaining to civil rights and student health, safety, and welfare, or as otherwise required by this section. A deregulated public school shall not be exempt from the following statutes: chapter ', ~9, ,-elating to public rec- ords, and s. 286.011, relating to public meetings and records, public inspection, and penalties. The school district, upon request of a deregulated public school, may apply to the Commissioner of Education for a waiver of provisions of chapters 230 through 239 which are applicable to deregulated public schools under this section, except that the provisions of chapter 236 or chapter 237 shall not be eligible for waiver if the waiver would affect funding allocations or create inequity in public school funding. The commissioner may grant the waiver if necessary to implement the school program, (b) A deregulated public school may, with appropri- ate justification, request a waiver from the certification requirements of chapter 231. Pursuant to s, 229.592(6), the commissioner may waive requirements of chapter 231 that relate to teacher certification to facil- itate innovative practices and to allow local school selection of educational methods. A deregulated public school may employ or contract with skilled selected noncertified personnel to provide instructional services or to assist instructional staff members as education paraprofessionals in the same manner as defined in chapter 231. A deregulated publis school may not employ an individual to provide instructional services or to serve as an education paraprofessional if the individ- ual's certification or licensure as an educator is sus- 2OO ¢~. 1999 PUBLIC EDUCATION: GENERAL PROVISIONS - F.S. 1999 ;e annual progress reports verification shatJ be for- '~l~'l~ducatJon at the same Z~ntabi~ity repods. The he3r°J[°wing information: ;s towards achieving the red in the annual SChool ~e school, including revs. ~Js of school employees. ensure that the proposal 4'ith the state education ~nual report requ red by ~ of Education shall pro- rich, the Commissioner ~f the Senate, and the )sentatives with a copy and comparison of the , to include elf students Is whose scores are assessment tests, ver~ ~dents in the district as ncr assessment tests a Writes Assessment ency Test, and Other Jant to s. 229.57(3). kTUTES.-- hooi shall operate in shall be exempt from I Code, except those mJ~alth, safety and !~this section. ^ )~'exempt from the · elating to public rec- public meetings and enalties. The schoot Jlated public school, · of Education for a l0 through 239 which ic schools under this s of chapter 236 or · waiver if the waiver ~r create inequity in ~ioner may grant the he school program. may, with appropri- om the certification Pursuant to s. ~'aive requirements :ertification to facil- ~llow local school deregulated public h skilled selected tructiona[ services )ers as education her as defined in school may not 3tionaf services or onal if the individ- educator is sus- Ch. 228 nended or revoked by this or any other state. The quali- iisations of teachers shall be disclosed to parents. (c) A deregulated public school shall employ or contract with employees who have been fingerprinted as provided in s. 231.02. (8) REVENUE.--Students enrolled in a deregulated public school shall be funded in a basic nrogram or a special program in the same manner as students enrolled in other public schools in the school district. (9) LENGTH OF SCHOOL YEAR.--A deregulated public school shall provide instruction for at least the number of days required by law for other public schools, and may provide instruction for additional days. (10) FACILITIES.--A deregulated public school shall utilize facilities which comply with the State Uni- form Building Code for Public Educational Facilities Construction adopted pursuant to s. 235.26, or with applicable state minimum building codes pursuant to chapter 553 and state minimum fire protection codes pursuant to s. 633.025, as adopted by the authority in whose jurisdiction the facility is located. History.--$ 23, ch 98-281: s 97, ch 99-2; s 9, ch 99-7; s 1, ch 99-253; $ 27, ch 99 398 228.0568 Charter school financial arrangements; indemnification of the state and school district; credit or taxing power not to be pledged.--Any arrangement entered into to borrow or otherwise secure funds for a charter school authorized in s. 228.056 from a source other than the state or a school district shall indemnify the state and the school district from any and all liability, including, but not limited to, financial responsibility for the payment of the principal or interest. Any loans, bonds, or other financial agreements are not obliga- tions of the state or the school district but are obliga- tions of the charier school authority and are payable solely from the sources of funds pledged by such agreement. The credit or taxing power of the state or the school district shall not be pledged and no debts shall be payable out of any moneys except those of the legal entity in possession of a valid charter approved by a district school board pursuant to s. 228.056. History,--s 6, ch 99-374 228,057 Public school parental choice.-- (1) As used in this section, "controlled open enroll- ment'' means a public education delivery system that allows school districts to make student school assign- ments using parents' indicated preferential school choice as a significant factor. (2) Beginning with the 1997-1998 school year, each district school board may offer controlled open enrollment within the public schools. The controlled open enrollment program shall be offered in addition to the existing choice programs such as magnet schools, alternative schools, special programs, advanced place- ment, and dual enrollment. (3) Each district school board shall develop a con- trolled open enrollment plan which describes the imple- mentation of subsection (2). (4) School districts shall adhere to federal desegre- gation requirements. No controlled open enrollment plan that conflicts with federal desegregation orders shall be implemented, (5) Each school district shall develop a system of priorities for its plan that includes consideration of the following: (a) An application process required to padicipate in the controlled open enrollment program. (b) A process that allows parents to declare school preferences. (c) A process that encourages placement of sib- lings within the same school. (d) A lottery procedure used by the school district to determine student assignment. (e) An appeals process for hardship cases. (f) The procedures to maintain socioeconomic, demographic, and racial balance, (g) The availability of transportation. (h) A process that promotes strong parental involvement, including the designation of a parent liai- son, (i) A strategy that establishes a clearinghouse of information designed to assist parents in making informed choices. (6) Plans shall be submitted to the Commissioner of Education by June 30, 1997. The Commissioner of Education shall develop an annual report on the status of school choice and deliver the report to the Governor, the President of the Senate, and the Speaker of the House of Representatives at least 90 days prior to the convening of the regular session of the Legislature. (7) The Department of Education shall develop, during the 1996-1997 school year, recommendations for a public school parental choice incentive program to benefit district school boards that implement a public school parental choice plan pursuant to subsection (2) for the 1997-1998 school year. In developing the pro- gram, the depadment may consider financial, as well as other, incentives. (8) Notwithstanding any provision of this section, a school district with schools operating on both multiple session schedules and single session schedules shall afford parents of students in multiple session schools preferred access to the controlled open enrollment pro- gram of the school district. (9) Each school district shall annually report the number of students applying for and attending the vari- ous types of public schools of choice in the district, including schools such as magnet schools and public charter schools, according to rules adopted by the State Board of Education. History.--s. 7, ch 96-186; s 24, ch 97-234; s. 4, ch 99-374. 228.058 Charter School Districts Pilot Program.- The State Board of Education is authorized to enter into a pedormance contract with up to six school districts for the purpose of establishing them as charter school dis- tricts: The State Board of Education shall give priority to Hillsborough and Volusia Counties upon the submis- sion of a completed prechader agreement or charter proposal for a charter school district. The purpose of this pilot program is to examine a new relationship between the State Board of Education and school dis- tricts that may produce significant improvements in stu- 201 Ch. 228 PUBLIC EDUCATION: GENERAL PROVISIONS F.S. 1999 dent achievement and school management, while com- plying with constitutional requirements assigned to each entity. (1) CHARTER DISTRICT.--A charter school dis- trict is a school district in Florida in which the school board has submitted and the state board has approved a charter proposal that exchanges statutory and rule exemption for agreement to meet performance goals in the proposal. The charter school district shall be char- tered for 3 years, at the end of which the performance shall be evaluated. (2) EXEMPTION FROM STATUTES AND RULES. Charter school districts shall be exempt from state stat- utes and state board rules as provided in s. 228.056. The school board of a charter school district shall not be exempt from any statute governing election of board members, public meetings and public records require- ments, financial disclosure, conflicts of interest, opera- tion in the sunshine, or other provisions outside the Florida School Code. (3) GOVERNING BOARD.--The governing board of the charter school district shall be the duly elected school board. The school board shall be responsible for supervising the schools in the charter district and is authorized to charter each of its existing public schools pursuant to s. 228.056, apply for deregulation of its public schools pursuant to s. 228,0565, or otherwise establish performance-based contractual relationships with its public schools for the purpose of giving them greater autonomy with accountability for performance. (4) CHARTER PROPOSAL--Competitive charter proposal applications shall be accepted by the State Board of Education no later than October 30, 1999. The charter proposal shall include, but not be limited to: (a) Authorization for participation in the pilot pro- gram approved in an open school board meeting. (b) The vision of what the school board proposes to accomplish by becoming a charter school district, (c) A management plan for reaching pedormance goals, including an anticipated list of the statutes and rules from which the school board desires exemption and the purpose of the exemption. (d) The performance goals proposed by the school board, the measures to be used to assess progress, the district's current baseline status with respect to the goals, and the timeframe for accomplishing the goals. (e) A plan for chartering, deregulating, or otherwise freeing schools in the district from state statutes and rules and school board policies and procedures. This portion may include a phased-in approach, but shall be included as a performance goal. (f) Agreement to file an annual report of progress to the state board. (g) Any other provisions required by state board rule. (5) PRECHARTER AGREEMENT.--The state board is authorized to approve a precharter agreement with a potential charter district. The agreement may grant limited flexibility and direction for developing the full charter proposal. (6) TIME PERIOD FOR PILOT.--The pilot pro- gram shall be authorized for a period of 3 full school years commencing with award of a cl' arter. The charter may be renewed upon action of the state board. (7) REPORTS.--The state board shall annually report on the implementation of the charter school dis. trict pilot program. Upon the completion of the first 3-year term, the state board, through the Commis- sioner of Education, shall submit to the Legislature a full evaluation of the effectiveness of the program. (8) RULEMAKING.--The State Board of Education shall have the authority to enact rules to implement this section in accordance with ss. 120.536 and 120.54. eistory,--s 5, ch 99 374 228.061 Other public schools; preschool pre. grams, prekindergarten early intervention programs, school-age child care programs, special schools and courses.--The public schools of Florida may, in addi- tion to the schools prescribed in s. 228.051, include preschool programs, prekindergarten early intervention programs, school-age child care programs, special schools, and courses and classes as authorized below: (1) PRESCHOOL PROGRAMS.--Preschool pro- grams shall comprise classes for children who have attained the ages prescribed by s. 232.01 snd may be established at the discretion of the school board. Such programs or classes shall be supported and main- tained from district taxes, from such funds supple- mented by tuition charges, or from funds from federal or other lawful sources, exclusive of state sources; how- ever, state funds may be used to support prekindergarten early intervention programs pursuant to s. 230.2305. (2) PREKINDERGARTEN EARLY INTERVEN- TION PROGRAMS.--Prekindergarten early interven- tion programs shall consist of educational and enrich- ment activities for children who have attained the ages prescribed by s. 232.01. Such programs shall be sup- ported and maintained by state funds, district funds, tuition charges, or such funds as may be available from federal or other lawful sources. (3) SCHOOL-AGE CHILD CARE PROGRAMS.- School-age child care programs shall consist of educa- tional and recreational programs provided before and after the regular school day and during school holidays to children eligible to attend public schools as provided by s. 232.01. Such programs shall be supported and maintained from state or district funds, tuition charges, and such funds as may be available from federal or other lawful sources. (4) OTHER SCHOOLS, COURSES, AND CLASSES.-- (a) There may be established, at the discretion of the school board, other schools, courses, and classes pursuant to law or by regulations of the state board for: 1. Giving instruction in applied arts and sciences; 2. Rehabilitating atypical, dependent, and delin- quent children; 3. Promoting the education of adults; 4. Furnishing part-time, evening, and vocational schools and classes; 5. Providing technical or vocational training for persons regardless of age; and 6. Offering other types of instruction of a similar nature. (b) Such schools, courses, and classes shall be supported by state, district, and federal funds or by any 2O2 Ryder Charter School The Ryder Elementary Charter School is the first charter school-in-the-workplace in the U.S. It opened in August 1999with astudentbodyof300 in Kindergarten through 3rdgrade. The school will expand to 400 students in grades K-4 in year two, and 500 students, grades K-5 in year three. The Ryder Elementary Charter School is housed in a brand new state of the arts 30,000 square foot facility located adjacent tothe Ryder System Headquarters building inWest Miami-Dade, Florida Ryder Charter School Questions & Answers 2000-2001 Page 1 of 4 QUESTIONS & ANSWERS What are charter schools? Flodda charter schools are public schools operating under a performance contract with the local school board. They are freed from many state and local regulations and mandates controlling traditional public schools, but in return they are held strictly accountable for their academic and financial performance. Charter schools are an educational option for parents looking for increased academic performance and accountability, How are they created? A proposal for a new charter school may be made by: teachers, parents, not-for-profit organizations, municipalities, corporations, or a legal entity authorized by Florida Statute What is the legal status of the Ryder Elementary Charter School? The Ryder Elementary Charter School is organized as a Florida not for profit corporation. A charter school must meet all applicable health, safety and civil rights requirements. A charter school may not violate the anti-discrimination provisions of Section 228.2001, Florida Statutes. A charter school is subject to an annual financial audit in a manner similar to that of a school district. What is the mission of the Ryder Elementary Charter School? The primary mission is for Ryder System, Inc. to be able to attract and retain quality employees and to provide new educational options for its employee's children and the community at large~ The Ryder Elementary Charter School is providing five hundred culturally diverse elementary students, grades kindergarten through fifth, (grades K-4 2000-2001 and K-5 2001-2002), with a unique world- class elementary school-in-the-workplace. In this environment, students will be provided with a challenging, personalized learning experience that ensures the highest measure of intellectual potential and an increased sense of self-esteem. The student population will improve their academic achievement, motivation, discipline and self-control through a program utilizing individual learning plans, integrated experiential learning, cdtical thinking skills, Spanish, recreational and athletic activities, life skills and techno~ogy. Where is the Ryder Elementary Charter School located? The school is located on NW 33rd Street, NW between 82nd and 87th Avenues, across the street from Ryder System World Headquarters in Miami-Dade County. What is the student body size and grade levels? Education will be provided for 400 students in kindergarten through fourth grade in the 2000-2001 school year, expanding to 500 students in kindergarten through fifth grade by the beginning of its third year. Who can attend? http://www.rydercharter.org/application/QA2000.html 9/18/00 Questions & Answers 2000-2001 Page 2 of 4 As provided for in state law; Ryder System organized a charter school-in-the-workplace and thus provides preference to employees of Ryder System, Inc. and its headquarter-based alliance partners in its enrollment. Employees may reside in either Dade or Broward County. Remaining seats are made available to any eligible student residing in Miami or Dade County who submits a timely application, unless the number of applications exceeds the capacity of a program, class, grade level, or building. In such cases, all applicants shall have an equal chance of being selected through a lottery. Per charter law, the Ryder Elementary Charter School will give enrollment preference to a sibling of a student enrolled in the charter school or to a school employee's child. The Ryder Elementary Charter School will not discriminate or limit enrollment based on race, religion, or disability. What is the timeline for submitting an application? Applications are accepted during the application period which begins March 1 and ends April 28 preceeding the school year. Applications are available at various locations in the community. The locations are listed under Application Process. Completed applications must be returned to the school within the application period to be considered. Applicants will be notified by mail of the results of the application process. The application process is described in greater detail under A~oplication Process. Who is paying for the school? The school is publicly funded. Students do not pay tuition for the academic day. Pre and after school programs are fee-based similar to other public school programs, Tutoring, summer school and camp are offered at affordable rates. Who is operating the school? The school is being operated by Charter Schools USA, a professional charter school management company. Charter Schools USA operates under the direction of a not-for-profit board made up of senior Ryder System executives and will operate under all applicable local, state and federal laws. A school advisory board, under the direction and answerable to the not-for-profit board of directors includes parents, community leaders and teachers. What are the facilities like? The Ryder Elementary Charter School is a modern, two-story, 30,000 square foot, educational facility with technology integrated in every classroom, as well as a state of the art computer lab. A new recreational facility located directly across the street from the school will be completed for student use by August 2000. Make up of the staff: The school's administration includes an experienced elementary principal, an assistant principal, resource teachers, music and art teachers, physical education teachers, foreign language teachers, a computer/technology teacher and generalist teachers. Food service and maintenance services are outsourced. What will the curriculum be like? The school will meet and exceed the same curriculum guidelines as any other public elementary school in the area, with particular emphasis on technology and the development of foreign language studies. All students will have personal education plans with individually designed student contracts, What additional benefits are there to the Ryder Elementary Charter School? http://www.rydercharter.org/application/QA2000.html 9/18/00 Questions & Answers 2000-2001 Page 3 of 4 · The school operates with a 20-to-1 student-to-teacher ratio. · Technology is integrated in every classroom. · Students wear uniforms. · Discipline is fairly and consistently enforced. · instruction in Spanish. , Character and life-skills education. · Required parentalinvolvement. · Accessibility and integration with parent work place. · Microsociety program in place. Does the Ryder Elementary Charter School serve special needs students? Yes, charter schools are required to serve special needs students in the same manner as the traditional public school system. Student's in need of special services or programs as indicated in their IEP wanting to attend the charter school shall be provided the same opportunity for enrollment as any other students as long as it is appropriate for the students to be educated in an inclusive environment, Are alt the teachers at the Ryder Elementary Charter School certified? Charter school teachers must be certified or qualified as defined in Florida Statute. All teachers and other employees of the charter school will have their backgrounds checked and be fingerprinted just as in other public schools. A charter school may not employ an individual to provide instruction or to serve as a teacher aide if the individual's certification or licensure is suspended or revoked by this or any other state, In addition CSUSA teachers will have three years minimum classroom experience and a commitment to ongoing professional development. How will the program and students be evaluated? All students will be required to participate in the Miami*Dade Public Schools mandated assessments, pupil progression plan, and school improvement plan. tn addition, CSUSA also administers a pre and post test to all students utilizing a nationally formed assessment instrument. CSUSA also uses a portfolio assessment of students, conducts parent and faculty surveys, and ongoing classroom and faculty evaluations. How will the school be governed? As in all Florida charter schools, governance is the responsibility of a Board of Trustees organized as a FIorida not for profit corporation. These board members are selected from senior Ryder executives. Because parental involvement is fundamental to the success experienced at RECS, a School Advisory Committee comprised of parents and community representatives was established to serve as a communication link between parents, students, teachers and administrators. Meetings of the Board of Trustees and the Advisory Committee are noticed in the school newsletter giving parents opportunity to comment on school issues. The Advisory committee serves under the directors in an advisory capacity. How will parents participate? Parents are encouraged and expected to participate in the charter school and will be given many opportunities to do so, Every parent must agree to and sign a contract with the school that they will http://www.rydercharter.org/application/QA2000.html 9/18/00 Questions & Answers 2000-2001 Page 4 of 4 volunteer a minimum of 20 hours per year, per child, to the school. http://www, rydercharter.org/application/QA2000.html 9/18/00 Coral Springs Charter School The Coral Springs Charter Middle and High Schools are municipally organized charter schools located on one campus in Coral Springs, Florida. The Coral Springs Charter Middle and High Schools is housed in a 180,000 square foot facility located in the heart of Coral Springs. The schools' focus is Business, Finance, andTechnology. The schools opened in August 1999 with 1000 students in grades6ththrough 10®. In year two, the school will expand to 1,250 students in grades 6'hthrough 11~h, and by the beginningofyear threethe school will have a capacity of 1,500 students in grades 6,h through 12,h. Upon completion the schools will be the largest municipal ly organized charter schools in thecountry. Coral Springs Charter School N. Lauderdale charter school gets Iow grade By SEAN CAVANAGII Sun-Sentinel Web-posted: 6:26 a.m. Dec. 17, 1999 NORTH LAUDERDALE -- The mayor and city manager heard a blistering review fi:om parents and students about flaws they see in the operation of the city's charter school and were warned that good teachers likely will leave if those problems aren't fixed soon. About 20 parents and students -- with a handful of teachers listening -- met with the city officials Thursday to voice concerns about the city-owned school North Lauderdale Academy High School. Among the problems, they said, is a lack of discipline and an unwillingness to spend money. The meeting was prompted partly by last week's sudden resignation of the school's popular co-dean, Ron Reana. "Everybody feels he was forced out," said parent Marie Cangeri. "They already have a problem with teacher turnover, and what happens now will depend on what gets resolved." Some parents and students blame Charter School USA -- the company that manages thc Academy -- for Renna's departure. Retina resigned a few weeks after the company learned that he and three Academy teachers had applied to open another charter school in Deerfield Beach. Many parents said they thought Renna would be allowed to stay until the end of the school year, but he left Dec. 7. One of the parents' top worries was a lack of discipline at the school, which some of them attributed to Charter Schools USA's unwillingness to let administrators suspend students. One parent, Paula Fijakowski, said the company was more worried about keeping up enrollment -- on which much of the Academy's funding depends -- than kicking out the worst troublemakers. "I have high standards," she said. "To me, cursing at a teacher is grounds for suspension." North Lauderdale Academy opened last year as the first city-run charter high school in Florida. Next year, it is expected to move into a $9 million building, a project the City Council agreed to support last year. By that time, the city hopes to boost enrollment fi:om about 300 students to at least 740 -- a critical goal if it is to receive money from the state. Teachers attending the meeting were not allowed to speak. Mayor Jack Brady and City Manager Jolm Stunson said they could not meet with teachers because of legal concerns. The teachers are employees of Charter Schools USA and not the city. Brady and Stunson did leave open the possibility of a meeting with the teachers. Some of the teachers said outside the meeting that their complaints mirrored those of the parents. "I signed on to teach for the school because of Mr. Renna and his vision for the school," said Eve Kapler, who teaches ninth- and 10th-grade English. Now, she said, "It seems like if you complain, you might get fired. That's the feeling among teachers at the school." Mike Strader, Charter Schools USA's vice president, was confident the company could cooperate with the school's stafi~ "We're doing everything we can to build morale among teachers at the school and show support to them," he said. "I'm seeing a turnaround in the attitude of teachers and an understanding on the part of parents as to what we're trying to accomplish." The North Lauderdale school received a "D" fi:om the state A-Plus plan. Bees said many parents credited school officials with improvements, particularly in keeping more teachers, during the Academy's second year. Miami Shores Charter School Reports High Marks Of 103 public secondary schools in Miami-Dade County, the Miami Shores/Barry University Charter School boasts the highest attendance rate for the 1998-99 academic year, according to a chader school report due for October 1999 release. The same report indicates the school ranked third highest-achieving middle school in the county. "Our partnership with Barry and our relationship with our [students'] parents has proven that it takes an entire village fo raise a child," said Lead Charier School Teacher B. J. Orfely. For 1998-99, Barry's charter school maintained an average attendance rate of 97.12 percent, while Miami-Dade public schools averaged 93.43 percent. Additionally, Barry charter school students, as compared with county public school peers in the same grade levels, excelled on the March 1998 Stanford Achievement Test. Sixth-grade Barry chader school students scored median percentile points of between 69 and 77 percent in reading comprehension, math computation, and math applications, while Miami-Dade school public students achieved about half of that. The results were similar for seventh graders who, af Barry's charier school improved even their own scores from the previous year. School officials attribute these successes, in part, to the required parent involvement that is spelled out in a beginning of each year con~ract between parents, teachers, and students. Parents last year volunteered a total 5,500 hours. Barry's charter opened in the fall of 1997 with 60 sixth-grade students. This fail the student body is comprised of 180 sixth-through-eighth grade students. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission g~et~ FROM: Eric M. Soroka, City M DATE: October 18, 2000 SUBJECT: Charter Revision Commission Section 7.06 of the City's Charter requires the City Commission to appoint a Charter Revision Commission (CRC) every fifth year commencing with December 2000. The City Commission appoints the five-member CRC, which shall consist of the following: One shall be a member of the City Commission serving consecutive term. One shall be a member of the previous Charter Commission. Three shall be electors of the City. a second The CRC shall commence its proceedings within 45 days after appointment by the City Commission. The CRC shall submit its findings or amendments to the City Commission not later than the 90th day after appointment by the City Commission. The City Commission shall, not less than 30 days or more than 60 days after submission of the proposed amendments, submit to the voters of the City. It is recommended that the Commission appoint the CRC at the November meeting and ratify the action at the January meeting. The appointment in November would take effect December 1, 2000. In order for any Charter revision items to appear on the April ballot, the Commission would be required to adopt the CRC revisions by January 5, 2001. I have placed this item on the Workshop Agenda for discussion and possible action. EMS/aca Attachment CCO923-00 TO: FROM: DATE: SUBJECT: CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM October 9, 2000 / lvelopmentDirec~ Real Estate Window Signs and other Commercial Window Signs Staff recommends the following: Allow the actual menus to be placed in restaurant windows, but not be included as permanent window signage, provided they do not exceed a maximum overall coverage of 3 square feet; and 2. Allow real estate window signs/pictures to be installed as permitted through the permanent window signage regulations, which allows a maximum 4 square foot area. REQUEST The City Commission had requested additional information regarding window signage, including real estate pictures and menus, allowed in other municipalities. I have attached a survey including that information. Please feel free to contact me with any questions you may have. /rnerno/so~oka 100g00 re sigr, s CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: Brenda Kelley, Community Development Director Joanne Carr, Planner ~ · October 2, 2000 Survey of Commercial Window Signs As requested, I have contacted several other neighboring municipalities to ascertain their regulations on window signs for commercial establishments. The results follow. The current City of Aventura regulations are included in the table for comparison. City of Aventura 1 sign per establishment 4 sq ft max Actual menu not counted in 4 sq ft max May be displayed as permitted permanent sign with area not to exceed 4 sq ft City of North 25% of glass area or 10% if any May be May be Miami Beach electrical component displayed as displayed as glass doors count as glass area permitted sign permitted sign within 25% area within 25% area City of Coral Gables 1 outdoor menu board permitted within 10 ft of main entrance, max. 36X24X 4" - window menu at discretion of Board of Architects 1 sign per establishment max area 1.5 times linear foot of street frontage or 60% of street frontage, letters not higher than 18", within 25 ft of grade, can be on wall or on window letters less than 4" not considered signage Board of Architects approves all signs Lettering & graphics may be allowed at discretion of Board of Architects City of 1 sign limited to address (6" letters), Affixed to Up to 3 display Miami Beach phone number & hours of operation window, 3 sq ft boards per (2" letters), max 5% of total glass max office, 6 sq ft window & door area Affixed to wall, each subject to 1 additional sign with establishment 4 sq ft max design review services identification, 2 sq ft max. City of Sunny I sign per 100 sq ft of window pane or Window menu Could be Isles Beach glass area not considered displayed as max 10% of window area a sign 10% permitted signs only in top or middle portion of permitted but not practical window since name & address & phone number usually takes up all 10% City of 20% of window area max. -anything May be May be Boca Raton 15 ft from window is regulated displayed as displayed as part Community Appearance Board gives part of of permitted sign final approval, usually reduces size permitted sign but Board but Board usually denies usually denies City of 25% of window glass area May be May be Hallandale not strictly enforced displayed as displayed as part part of of permitted permitted window sign window sign within 25% area within 25% area Miami-Dade Team Metro advises that interior Not regulated Not regulated as County window signs are not regulated- only as per Team perTeam Metro exterior signs Metro TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Commission y~ Eric M. Soroka, Cit October 17, 2000 N.E. 199th Street Railroad Crossing Recently, George Bedin, of Turnberry Associates, and I met with the Chief Engineer and Operations Manager of the Florida East Coast Railroad to formally review the City's request to maintain the railroad crossing at N.E. 199th Street after the grade separation project at Ives Dairy Road is complete. Various documentation was presented to the representatives of FEC, a portion of the package is enclosed. In summary, the FEC did not seem receptive to the permanent opening at N.E. 199th Street unless the following was implemented: 1. The railroad crossing at N.E. 179th Street was closed. The FEC Railroad system must be "double tracked" 1,500 feet to facilitate train traffic. The FEC feels the cost of this improvement should be the responsibility of the business community and possible funds from other State / County agencies. A diagram showing the proposed permanent opening is also enclosed. It should be noted that the FDOT plan would only allow southbound "right only" movement when heading east on N.E. 199th Street into the City. I have placed this item on the Workshop Agenda to discuss strategy and future course of action. EMS/aca Attachment CC©924-00 OVERVIEW OF THE N.E. 199x~I STREET RAILROAD CROSSING The Department of Transportation signed an agreement with the Florida East Coast Railway Company on June 18, 1998 to provide for a temporary public highway railroad grade crossing on N.E. 199t~ street in Aventura, Florida. This crossing was developed to provide a temporary alternate traffic relief route during the construction of the grade separation project at the intersection of Ives Dairy Road (N.E. 203rd street) and Biscayne Boulevard. The construction project is still in progress and it will be quite some time before it is completed. The temporary crossing provided at Aventura Boulevard (N.E. 199th street) has proven to be an effective alternative route during this time, and has demonstrated numerous benefits why it should become a permanent railroad crossing. There are three major benefits that can be gained from this crossing. The first benefit is related to hurricane evacuations. N.E. 199a~ street would provide a desperately needed additional emergency evacuation route for the cities of Aventura, Sunny Isles Beach and Golden Beach ~vhich have a combined population of 40,000. Currently, the main arteries for evacuation (N.E. 163rd street, N.E. 186th street, William-Lehman Causeway and N.E. 203ra street) all go in an East-West direction towards 1-95 and are filled to capacity when a hurricane strikes~ In addition, the N.E. 1994 railroad crossing would provide two more westbound lanes across the F.E.C.(Florida East Coast) Railroad. This would represent approximately a 33% increase in the westbound traffic flow capacity which is sorely needed during an evacuation order. The second benefit of a N.E. 1994 permanent railroad crossing is that it will enhance the operating characteristics of the transportation network located in the vicinity of Biscayne Boulevard and N.E. 203rd street as well as the surrounding area. The railroad crossing would provide for expedited traffic movement and maintain alternative traffic routes. Also, the crossin,g~w0uld provide relief and help the traffic congestion in the following areas: N.E. 203 street between Dixie Highway and N.E. 26th Avenue, Biscayne Boulevard and Miami Gardens Drive (186th street) and Dixie Highway and Miami Gardens Drive. There is no area intersection that is degraded as a result of the proposed N.E. 199th street crossing and it will not alter current railroad activity-. The third benefit from the opening of the N.E. 199th street railroad crossing is for the future development and revitalization of the Ojus area, which is located directly west of the F.E.C. railroad tracks. A planning study for the area has been prepared by the Community Planning Section of the Miami-Dade Department of Planning and Zoning and it reflects the enormous development potential of the Ojus area. The permanence of the N.E. 199th crossing is not only critical to the future success of businesses located in the Ojus area, but to the overall enhancement and development of this surrounding neighborhoods, residences, et al. Page 2 (overview continued) In addition, the main arteries serving the Ojus area are Miami Gardens Drive and Ives Dairy Road. The LOS (level of service) which is a means of measuring the traffic conditions on a roadway are at Levels F and D. Opening N.E. 199~ street would not improve the LOS and help entry into the Ojus area but give businesses the opportunity to flourish. Ojus is one of the older, settled communities in Miami-Dade county and has quite a history. Therefore, it is anticipated that a completed 'Florida Main Street' will grow out of this development initiative. The Florida Main Streetprogram is administered by the Florida Department of State, Division of Historical resources. Overall, the benefits of N.E. 199th as a permanent railroad crossing are overwhelmingly positive. The problems in the cities of Sunny Isles Beach, Golden Beach and Aventura ~vill be greatly alleviated in the areas of hurricane evacuation and transportation problems. In addition, the future development that will occur west of the crossing will will be instrumental in reviving a community. Given all these benefits, it would be remiss not to have the N.E. 199th railroad crossing become permanent. FACT SHEET ON THE BENEFITS TO THE AREA TRANSPORTATION NETWORK WITH THE PERMANENT OPENING OF IHE N.E. 199TM, STREET RAILROAD CROSSINC The proposed railroad crossing at the Aventura Boulevard intersection has the following benefits to the area transportation network: · Congestion is reduced at the intersection of US 1 and Miami Gardens Drive. Congestion is reduced at the intersection of Miami Gardens Drive and Dixie Highway. With the addition of a fourth leg and fourth signal phase, which generally degrade the operating characteristics of signalized intersections, the intersection of Aventura Boulevard and US 1 is projected to operate adequately with the subject railroad crossing in place. No area intersection is degraded to an unacceptable level of service with the proposed Aventura Boulevard railroad crossing. In addition to the above, the intersection of N.E. 203~d street and Biscayne Boulevard is projected to process 300 less vehicles during the AM and PM peak hours (combined volumes), which will benefit the overall operation of the urban interchange at this location. Furthermore, the proposed interchange at N.E. 203ra Street and Biscayne Boulevard will restrict the following movement: Northbound US 1 to westbound N.E. 203~d Street to northbound Dixie Highway. Vehicles that wish to execute the above maneuver are required to continue west to N.E. 26t~ Avenue, then turn right on N.E. 26th Avenue followed by another right-turn movement at N.E. 204t~ Street and a left-turn at Dixie Highway. The proposed Aventura Boulevard railroad crossing would improve access to Dixie Highway, via Aventura Boulevard. The proposed railroad crossing eliminates the additional travel mentioned above, as a result of the interchange. B~SCAYNE BLVD. FEC RAIl RESOLUTION NO. 2000-16 A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION, MIAMI-DADE COUNTY PUBLIC WORKS DEPARTMENT AND FLORIDA EAST COAST RAILWAY TO PERMANENTLY OPEN THE N.E. 199~" STREET RAILROAD CROSSING AFTER COMPLETION OF THE N.E. 203~ STREET CONSTRUCTION PROJECT; AND PROVIDING AN EFFECTIVE DATE = WHEREAS, the N.E. 199th Street railroad crossing wes developed to provide a temporary alternate traffic relief route during the construction of the grade separation project at the intersection of Ives Dairy Road and Biscayne Boulevard; and WHEREAS, the permanent opening of the N.E. 199th Strae[ railroad crossing would provide for expedited traffic movement and maintain alternate traffic routes in an area already experiencing heavy traffic congestion; and WHEREAS, for the health, safety and welfare of its residents, and in order to provide an additional emergency evacuation route, the City Commission of the City of Aventura respectfully requests that the Florida Department of Transportation, the Miami-Dada County Public Works Department and the Florida East Coast Railway take what~ver action is necessary to permanently open the N.E. 199th Street railroad crossing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section '1, The City Commission of the City of Aventura respectfully requests, on behalf of its residents, that the Florida Depa[b,,ent of Transportation, the Miami- Dada County Public Works Department and the Florida East Coast Railway take Resolution No. 2000-t_~ P=ge 2 whatever action is necessary to permanently open the N.E. 199~h Street railroad crossing. Section ;~. The City Manager is hereby a'3thodzecl to do all things necessarY to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing. Resolution was Offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Pertow Commissioner Patricia Rogars-Ubert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED this 7~h day of/~lV~ch' 27'~00' ~ ~L{-,/ A'FI'.~T: _ ,~ //~ A~T~UR I..~NYD~, MAYO~ TE~,ESA M. SORO~CMC/ - CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITYoATTORNEY " q rn b erff ss aciates September 7, 2000 Mr. Wayne Russell Vice President and Chief Engineer Florida East Coast Railway Company One Malaga Street P.O. Box 1048 St. Augustine, FL 32065-1048 Dear Mr. Russell: I am writing to follow up on our meeting on Friday, September 1, 2000. As you know, the purpose of the meeting was to enlist support from the F.E.C. Railway Company for the permanent opening of ,the N.E. 199th street railroad crossing. We tried to present our case to you and Mr. Blalock in great detail about why the crossing is important to the community (i.e. provides an humcane evacuation route, assists in the area transportation network system, revitalization of the Ojus community west of the F.E.C. railroad tracks, etc.) ! understand that both you and Mr. Blalock have serious safety concerns about the 'proliferation' of railroad crossings and potential accidents that can increase as a result of another opening. In addition, I know that you want to ensure that the F.E.C. has its cars flowing freely with the ability to be "stored" at certain points along the track. Mr. Blalock stated that if N.E. 199t~ street remains open, that you will lose the storage capacity of 20-30 cars between N.E. 186th street and N.E. 203 rd street. At this point, you raised the issue of double tracking (to make up for the loss from N.E. 199t~ street). I must be frank and tell you that given the thousands of other projects and expenses that the Florida Department of Transportation and other state agencies have, it is highly unlikely that there are monies available to extend double tracking for your railway company. Throughout our entire discussion, you stated that your company is interested in working with our community and the surrounding cities, because you understood how important th/s crossing is to all those involved in our area. 19501 Biscayne Boulevard, Suite 400, Aventura, Florida 33180 (305) 937-6200 Fax: (305) 933-5511 Page 2 t would like to come to some sort of compromise in order to resolve this issue and therefore, I propose the following: To close the railroad crossing at N.E. 179th street in exchange for keeping N.E. 199t~ street permanently open. I will make a great effort to try and get support from the City of Aventura and other public officials to have this crossing closed. This particular crossing does not have heavy traffic flow and therefore, would probably be the best one to shut dowI1. As I mentioned to you, time is of the essence on this project. The grade separation construction project at N.E. 203~ street is ahead of schedule and when the work is completed, N.E. 199t~ street will be closed, unless we get your support to keep it open. It will not be possible to reopen the crossing once it is closed bemuse of the enormous expense and complications involved_ I had a meeting yesterday with the Miami-Dade Public Works Department, Florida DOT and Traffic Signals and Signs Division for Dade County. We addressed concerns related to traffic modification and signalization issues and resolved all of them. The meeting was successful and there was support to keep N.E. 199t~ street open permanently if we have approval from the F.E.C. As you also know from the letters of support I enclosed in my package to Mr. McPberson, there is widespread consensus from the community to keep this crossing open. I hope that we can work together and resolve this issue as quickly as possible. If you have any questions or need additional information, please feel free to call me. Thank you for your time and consideration of this matter. Sincer~ cc: John D. McPherson H.W. Blalock MIAMI-DADE COUNTY, FLORIDA STEPHEN P. CLARK CENTER PUBLIC WORKS DEPARTMENT SUITE 1610 111 N.W. 1st STREET MIAMI, FLORIDA 33128-1970 (305) 375-2960 October 5, 2000 Mr. Eric M. Soroka City Manager City of Aventura 2999 NE 191 Street, Suite 500 Aventura, FL 33180 Re: NE 199 Street and Biscayne Boulevard Railroad Crossing Dear Mr. Soroka: Pursuant to your letter to Mr. Pedro G. Hernandez, P.E., Senior Assistant to the County Manager requesting to maintain the subject crossing permanently open, please be advised that Public Works Department (PWD) has had several meetings with Mr. Hernandez and Mr. George Berlin of Tumberry Associates on the subject. As a result of these meetings, Mr. Berlin is in the process of preparing the final plans in order to obtain the necessary permits from the Florida Department of Transportation (FDOT) and the Florida East Coast Railway Company (FEC) to allow the at-grade crossing to remain open. In addition, pending FDOT and FEC approval, it is the intent of the PWD to fund the necessary improvements with road impact fee intersection improvement funds. Furthermore, the PWD will advise FDOT of the desire of the County and adjacent municipalities to keep the subject crossing permanently open. If you have any questions or need additional information, please do not hesitate to contact Ms. Esther Calas, P.E., Assistant Director, Traffic and Highway Engineering at (305) 375-2091. cc: Pedro G. Hemandez, P.E. Esther Calas, P.E. George Berlin, Turnberry Associates Sincerely, / ~d5 ~iiffe ~;~l~i; ~r a/P. E., P.L.S. Actihg Director" 0CT n 2000 Equal Opportunity/Handicap Employer/Services MIAMbDADE COUNTY, FLORIDA MIAMI-DA[; l! STEPHEN R CLARK CENTER PUBLIC WORKS DEPARTMENT SUITE 1610 111 N.W. 1st STREET MIAMI, FLORIDA 33128-1970 (305) 375-2960 October 5, 2000 Mr. Jose Abreu, P.E., District VI Secretary Florida Department of Transportation 1000 NW 111 Avenue Miami, FL. 33172 RE: NE 199 Street and Biscayne Boulevard Railroad Crossing Dear Mr. Abreu: Pursuant to the City of Aventura's Resolution No. 2000-16 and other public officials' requests (See attached) to maintain the subject crossing permanently open, please be advised that the Miami-Dade Public Works Department (PWD) is in support of this request and would like the Florida Department of Transportation's consideration for permit approval. Consequently, plans are being prepared and negotiations with Florida East Coast Railway Company (FEC) are currently underway. Once FEC concurrence is obtained and a tentative railro2d crossing agreement reached, the PWD in conjunction with the City of Aventura, will proceed to submit a permit request to your agency for implementation of the proposed intersection signalization work allowing the crossing to remain open. In addition, the PWD is requesting that as soon as the NE 199 Street intersection signal plans are completed and submitted for permitting, that coordination with the ongoing construction of the NE 203 Street project be established to allow the work within Biscayne Boulevard to be accomplished simultaneously, or by the FDOT contractor, to avoid construction conflicts or duplicity of efforts. If you have any questions or need additional information, please do not hesitate to contact Ms. Esther Calas, P.E., Assistant Director, Traffic & Highway Engineering at (305) 375-2091 Attachments cc: Pedro G. Hernandez, P.E. Esther Calas, P.E. Sincerel~ ~~~..~P.L.S. ./Aating 5i~;tor ' 0el George Berlin, Turnberry Associates Er c M. Soroka. Manager. City of Aventura Equal Opportunity/Handicap Employer/Services 0 2000 OFF~ OF THE CITY MANAGER RESOLUTION NO. 2000-16 A RESOLUTION OF THE CITY' OF AVENTURA, FLORIDA, REQUEEiTING THE FLORIDA DEPARTMENT OF TRANSPORTATION, MIAMI-DADE COUNTY PUBLIC WORKS DEPARTMENT AND FLORIDA EAST COAST RAILWAY TO FERMANENTLY OPEN THE N.E. 1ft$'r" STREET RAILROAD CROSSING ~I~R COMPLETION OF THE N.E. 20~~ STREET CONSTRUCTION PROJECT; AND PRbVlDING AN EFFECTIVE DATE WHEREAs, the N.E. lg¢~ Street railroad crossing v-as developed to provide a temporary alternate traffic re!ief route during the construction of the grade separaticra project at the Inter',e~tion of Ives Dairy Road and Biscayne Boulevard; and WHEREAS, the permanent epenin[~ of the N.E. 199~" Street raitroad crossing w~uld provide for expedited traffic movement and maintain alternate traffic routes }n an area already experiencing heavy ~'ae~o congestion; WHEREAS, fur ~he health, safety provide an additional emergency evacuation routs, the City Commission of'the City of Aventura respecb-ully requests that the Flodda Department of Trensportaticn, the Miami-Dado Courtly Public Wcrks Department and the Florida Eas~ Coast Raiivcay take w~hat~ver action is necaasary to permanently open the N.E. 199~ Street railr:~ed crossing, NOW, THEREFORE, BE IT RESOLVED BY THE CI'['Y COMMISSION OF "('HE Cf'FY OF AVENTURA, FLORIDA, THAT: The City Commission of the City of Aventura respect'fully requests, on behalf of its residents, thai the Ftoride Depar'b-nent cf Transportation, the Miami- Dada County Public Works Dep=rtment end the Florida East Coast Rail,c,'zy take crossing. carry out the aims.of this ResduUon. Section :~. This Resolution shall become, effe;tive Immadiately upon adoption. ' The f~regoing. Res~lution was ~ffered by Commissioner ~.=,~= ,,. who meve~ its adop!ion. The motion v~-~5 seconded by Commissioner c. ol=~= , and u~=an being.put to a v~te, the vote was as Commissioner Jay R. Bask]n 7es C~:mmissi~ner Kan C~'hen 70~ C~mmi~si~ner Har~ Holzberg ~ C~mmissionsr Jsffrey M. P~rio~. ~s C~mmissioner Pa~icia Ro~ers-Libed ~ Vi~ Mayor ~hur Ber~r 7~s M~yor ~hur [. Snyder ~¢~ APPROVED AS TO LEGAL SUFFiGfENGY: C1T% ATTORNEY CITY OF AVENTURA TO: FROM: DATE: SUBJECT: COMMUNITY SERVICES DEPARTMENT MEMORANDUM Eric U. Soroka, City ~r ~v~ Robert M. Sherman, Di c~ of Community Se August 23, 2000 William Lehman Causeway Safety Improvements Study Attached hereto for your information and review are two copies of the aforementioned study. In summary, the Keith and Schnars study suggests a 13' easement is necessary from Turnberry Isle Resort to install a guardrail, 8' asphalt path and privacy wall for the Country Club. It might be necessary to keep the existing 10' asphalt path as part of the County bike path system. We need to have further clarification from FDOT and Miami- Dade County Public Works to address this issue. Keith and Schnars are researching this issue. This re-location is necessary because FDOT still maintains the position that a guardrail is not necessary in this area. Extensive landscape removal would be required, as well as re-grading the bank of the adjacent lake. Permits from DERM and FDOT would be required as the stormwater drainage pipes need to be extended. Tumberry Resort and Country Club must approve all proposed improvements and provide the necessary construction and maintenance easements prior to starting the project. The overall cost is estimated to be $280,600 for construction only and includes $65,000 for the decorative wall. RMS/gf Attachments RMS00068 KEITH and SCHNARS, P.A. August 30, 2000 Mr. Bob Sherman City of Aventura 2999 N.E. 191st Street, Suite 500 Aventura, Florida 33180 Lehman Causeway Safety Improvements Keith & Schnars Project No. 15414.70 Dear Mr. Sherman: At the request of the City of Aventura, Keith and Schnars, P.A. prepared a feasibility study for the installation of a guardrail for approximately 1,000 feet on the north side of the service road of the Lehman Causeway. The installation of the guardrall would require the relocation of the existing asphalt path outside of FDOT's right-of-way. During the preparation of the feasibility report many agencies were contacted in order to determine their requirements for the proposed improvements. Some of the agencies contacted relayed concerns relative to the proposed improvements. I received a phone call from Mr. Jeff Cohen from Miami-Dade Public Works Department (MDPW) who had heard about the possible proposed improvements to the Lehman Causeway path. Mr. Cohen stated that he has seen the existing asphalt path along Lehman Causeway but it was never formally approved by his department. He explained that this may be due to the existing path being located within FDOT fight-of-way; therefore it is outside MDPW jurisdiction. Mr Cohen added that if the path is moved outside FDOT"s fight-of-way, to within the Tumberry Golf Course, the path would be in Dade County's jurisdiction and would need to meet MDPW criteria. The Lehman Causeway path is included within the North Dade Greenway Plan to link US 1 and AIA. Mr. Cohen told me to contact Mr. David Henderson (iV[PO) in order to provide me with a copy of the North Dade Greenway Plan. Enclosed please find a copy of this plan. According to MDPW's standards, the requirements for pedestrian/bicycle paths are: a ten (10) foot minimum width path, and a two (2) foot minimum clear zone on each side. The existing Lehman Causeway path and the proposed path do not meet these requirements. The area available for the proposed work is very limited due to the existing lake within Turnberry Golf Club. Should you have any questions or require additional information, please do not hesitate to contact US. 6500 North Andrews Avenue · Ft. Lauderdale, Florida 33309-2132 (954} 776-1616 · (800) 488-1255 · Fax (954) 771-7690 Mr. Bob Sherman Lehman Causeway Pedestrian Safety Improvements/15414.70 August 30, 2000 - Page 2 Sincerely yours, KEITH and SCHNARS, P.A. Project Engineer cc: Amy Galvez - K&S M:XProjects~15414\70~herman.830.wpd LEHMAN CAUSEWAY SAFETY IMPROVEMENTS FEASIBILITY STUDY PREPARED FOR THE CITY OF AVENTURA, FLORIDA Prepared by KEITH and SCHNARS, P.A. 6500 North Andrews Avenue Fort Lauderdale, Ylorida 33309 (954) 776-I616 K&S PROJECT NO. 15414.70 August 2000 I IV V VI TABLE OF CONTENTS Page No. ABSTRACT ............................................................ 2 PROJECT LOCATION ................................................... 2 BACKGROUND INFORMATION .......................................... 2 EXISTING CONDITIONS ................................................ 3 PROPOSED IMPROVEMENTS AND SiTE EVALUATION ..................... 4 A. Impact to Drainage System .......................................... 5 B. Impact to Golf Course .............................................. 6 PRELIMINARY COST ESTEV[ATE ......................................... 7 APPENDIX Exhibit 1 Exhibit 2 Exhibit 3 Location Map and Aerial Map Existing Typical Cross Section Proposed Typical Cross Section Lehman Causeway Safety Improvements August 2000 K&S Project No. 15414.70 Page 2 ABSTRACT At the request of the City of Aventura, Keith and Schnars, P.A. has prepared a feasibility study for the installation of a guardra/l for approximately 1,000 feet on the north side of the service road of the Lehman Causeway. The location for the installation of the guardrail is coordinated with a proposed decorative wall to be installed along the south side of Turnberry Resort in areas where the City wants to address pedestrian safety concerns. Additionally, the proposed guardrail and existing pedestrian walkway would need to be located outside the FDOT's right-of-way as per FDOT. The feasibility study consists of an analysis of the existing conditions, proposed typical cross-section, permit requirements, and estimated construction costs and impacts. II PROJECT LOCATION The project is located in the City of Aventura, Miami-Dade County, Florida, along the north side of William Lehman Causeway; and will require cooperation from the Turnberry Resort and FDOT. (See Exhibit 1 - Location Map). III. BACKGROUND INFORMATION In the past five years there have been several occasions in which motorists have jumped the curb onto the asphalt path while driving along the Lehman Causeway offramp. Fortunately Lehman Causeway Safety Improvements August 2000 K&S Project No. 15414.70 Page 3 none of these vehicles have impacted a pedestrian walking along the asphalt path. Nevertheless, the situation has the potential to be very dangerous for pedestrians, and the City of Aventura has requested permission from the FDOT to install a guardrail along the Lehman Causeway. Previous efforts to install a guardrail were denied by FDOT. FDOT's position was based on the fact that guardrails are used to prevent out of controI vehicles from impacting a fixed object adjacent to the roadway. It is FDOT's opinion that since there are no existing fixed objects adjacent to the roadway the guardrail itself may become a fixed object causing an unnecessary dangerous condition. Keith and Schnars, P.A. has attempted to bring this alternative back to life because a new decorative wall will be installed along Lehman Causeway, and a guardrail may prevent out of control vehicles from impacting the wall. Nevertheless, FDOT still maintains the position that the installation of the guardrail is unnecessary. IV. EXISTING CONDITIONS At the present time the right of way includes a ten foot (10') wide asphalt pedestrian path, a six foot (6') chain link fence, and approximately five feet (5') of a landscape buffer from the back of the roadway curb to the asphalt path. The existing conditions within Tumberry Resort and Country Club include a significant amount of landscaping and a stormwater storage lake. The lake is part of Tumberry's and FDOT's storm drainage system which Lehman Causeway Safety Improvements August 2000 K&S Project No. 15414.70 Page 4 eventually discharges excess stormwaterinto the Intracoastal via two 72" pipes. (See Exhibit 2) Presently, there is an effort to obtain an agreement between Turnberry and the City of Aventura to instalI a decorative wall in a five foot (5') easement within Tumberry's property. The City requested this easement in order to provide lighting improvements along the existing asphalt path; in addition, the City will install a decorative wall within the easement per Turnberry's request. PROPOSED IMPROVEMENTS AND SITE EVALUATION Due to the denial by FDOT for guardrail installation within the right-of-way, the City of Aventura has requested K&S to study the feasibility of locating the guardrail outside the FDOT's right-of-way. The proposed cross-section includes the installation of approximately 1,000 feet of an eight foot (8') asphalt path along with a decorative wall and a guardrail to be located outside of the Lehman Causeway right-of-way. (See Exhibit 3) Based on survey information and field observation, K&S has shown the decorative wall to be installed along the existing lake's top of bank. This layout would have minimal impacts to the storage/volume capacity of the existing lake. However, the proposed improvements will require regrading and minor filling of the bank for proper drainage. Mr. Wahid Nor from the Florida Department of Transportation's Permit Department was contacted in order to determine the permitting requirements for the relocation of the Lehman Causeway Safety Improvements K&S Project No. 15414.70 August 2000 Page 5 pedestrian path and the installation of a guardrail between the path and the roadway. Mr. Nor informed K&S that if the guardrail is installed outside of FDOT's right-of-way, FDOT has no permitting jurisdiction. A. Impact to Drainage System The existing storm drainage system for Tumberry Resort and Country Club is connected by a series of lakes which store stormwater to be used for irrigating thc golf course. The drainage system's excess stormwater is discharged into the Intracoastal waterway via two 72" pipes which are located in the vicinity of the proposed improvements. In addition, FDOT has two 36" stormwater pipes discharging from the Lehman Causeway into the Turnberry Resort drainage system. Based on the survey information and field observation, the proposed alternative will have minimal impacts to the existing drainage system. However, it will be necessary to regrade the top of bank of the lake which may require extending FDOT's outfall pipes. Mr. Nor (FDOT) said that any extension or alteration ofFDOT's outfalI pipes will require an FDOT drainage permit. Lehman Causeway Safety Improvements August 2000 K&S Project No. 15414.70 Page 6 Finally, Mr. Sznol from the Miami-Dade County Department of Environmental Resources Management (DERM) recommended K&S contact Mr. Thomas Checca who was the design engineer for Tumberry Resort and Country Club. Mr. Checca was contacted and added that the stormwater system was designed to be a positive drainage system because the lakes are used for irrigation and low levels of salinization need to be maintained. Mr. Checca also stated the fact that the system receives stormwater from other sites (positive drainage system) and was approved by SFWMD and DERM as an exception to their criteria. Mr. Checca also mentioned that the drainage system for the golf course handles less storage than what is normally required and the system is prone to flooding causing the golf course to be closed for periods of time. On a conversation with Mr. David Bailey, Golf Course Superintendent, he mentioned that - ~ flooding has ever occurred in the vicinity of the proposed improvements. B. Impact to Golf Course In order to construct the proposed improvements, it will be necessary to obtain a 13' easement from Turnberry Resort and Country Club. It should also be noted that extensive landscaping removal will be required within Turnberry's property in order to install the proposed improvemer~s. Turnberry Resort and Country Club must Lehman Causeway Safety Improvements August 2000 K&S Project No. 15414.70 Page 7 approve the proposed improvements and provide the easement prior to continuing with final design and perrrfitting. VI. PRELIMINARY COST ESTIMATES The preliminary cost estimate for this alternative is presented on the following page. City of Aventura - Leln~man Causeway Safety Improvements Preliminary Engineer's Opinion of Probable Cost Keith and Schnars Project No. 15414.70 Proposed Improvements Installation of guardraJ and decoratwe wail. and relocation of as >ath Soil (4 inches) and Grubbin Guardxail DecoraQve Wall (Pmcast Wall Svst.) Subm~l TOTAL [ LS $30,000.0i ts ] $&O0O.O( L$ ! $ 5 000 O~ LS I $8.000.0( LS ~ $8,000.0( $69,000.00 SY J $12.0¢ $3.0£ $12.0£ SY I $6.666.00 $4~440.00 $15.000.17) $20.0O0.00 $65.000,00 $30,00000 TOTAL - 0280.660.95 I Existing pipe extensions no[ included in cost estimate. 2 Decorative Wall cost based on price provided by Pre, asr Wall Systems on l/I5/00 3 Decorative Wall. guardrail and 8' asphalt path wilt be instalh~.l for It)00 LF 4 Proposed 8' asphalt path will be located ouLside ?DOT right-of-way and w/Il connect back to the 10' existing path. APPENDIX EXHIBIT 1 Location Map and Aerial Map VICINITY MAP GOLF AND COUNTRy m:\proJects\15414\70\locat.dgn Aug. 18, 2000 14:18:22 ? - D a or o ~ ~ - o co ~ " ". nil ~hl , ~, 'I 15 AERIAL MAP EXHIBIT 1 5 ... Iolt~.. SC~I.rll P.l. ~ ! _...-.- I t_... ......._. .....".l...-_.~L.~':lOt.Z1)2..t!.Ol1n... ~ ". - " o - o o 9- 0. co ~ J> c co 'i2 tv @ CITY OF AVENnJll.A. LEHMAN CAUSEWAY SAFETY IMPROVEMENTS ""lAM..,....OE GOVi'ITY. FLORIO EXHIBIT 2 Existing Typical Cross Section ! EXIST. LANDSCAPE' i ASPHALT i WALKWAy RAN LINE EXISTING CHAIN LINK FENCE EXISTING SHRUBS ~G CURB AND Gul-rER EXIST, DRVE LANE EXIST. DRIVE LANE EX!STING NORTH_SERVICE ROAD 'IYPI~C._AL ._S.g_.CT~II_O_N__A~- >rojeCts\15414\70\70cpgO5.dgn Jun, 28, 2000 08:23:35 EXHIBIT 3 Proposed Typical Cross Section PROPOSED DECORATIVE WALL WATER-- 13' J lO' PROPOSED GUARDRAIL PROPOSED SHRUBS /~-- EXISTING CURB AND GU~ER J EXIST, DRIVE LANE EXIST, DRIVE LANE PROPOSED EASEMENT j PROP. EXIST, (BY OTHERS} i LANDSCAPE LANDSCAPE 8'RELOCATED J ASPHALT PATH [ RW LINE PROPOSED NORTH SERVICE ROAD TYPICAL SECTION A-A NOT TO SCALE \70\revised81400\70cpg05,dgn Aug, 14. 2000 14:20:06 CITY OF AVENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: FROM: DATE: SUBJECT: Teresa M. Soroka, CM~/( October 16, 2000 Enforcement of Local Legislation Pertaining to Elections As we discussed, I attended a session last week at the City Clerks' Training Institute presented by the Florida Elections Commission. Briefly referenced was the Commission's jurisdiction over county and municipal charters and ordinances enacted to provide more stringent regulations regarding election violations and campaign financing. I have obtained a copy of the State Division of Elections' opinion DE 00-07 regarding these issues. A copy of the request of the Florida Elections Commission for this opinion is also attached. Should you have any questions, please do not hesitate to contact me. tms attachments ADDRESS: FLORIDA ELEC]~IONS COMMISSION Room ~002, The C~pitol TnIhha~see, Flerida 3~9~10~ 14.~. Theres~ Soroka FAX #: 305 - 466-8919 FROM: Steven Chris~ensen. Com4~sion Clerk FAX #: (850) 921-0783 I:~E: DE-00-07 COMMENTS: As per your reo. ucsr SENT By: TIME: l:38pm : DATE: 10/16/00 NO. OF pAGES: 9 OnclUdtug this one) !CONFID]~NTIAL? YES NO x IF IzlgS~i, THlS ~FAC$I1VH~I~ TRAI~MISSION ~D A~ A~AC~NTS ~ :CON~ENT]~. SE~ION 1~,25, FLO~DA STATUTES, PRO.DES ~T ~ ~o~ ~o ms~os~ ~H~ ~msr~c~. oR ~ co~rs or TH~ :~Cu~T ~O.~ A~ACHMEN~S COMETS A MISDEME~OR. FaxO01 (~95) FLORIDA DE~. ~ .A~.ENT OF STATE Katl4enne Harris DIVISION OF t~LECTIONS Dr. Smart A. MacM~nus~ Chair Florida Elcctions Commission Room 2002, Tlg Capiwl T~tlahassee, Florida 32399-1050 September 14, 2000 ~a, c-~ - ~: DE 00-07 ~e FI~ Elcctxom Co~xssxon ~ to e~ome violatiom of ~kc~elat~.provisions of l~al ~e~ ~d o~ccs. ~ 104.011(1), Fla. Smt. Dear Dr. MacManus: This is in.response to your r~luest for`an opinion relating to the Commission's duties to enforce Chapter 104 ~nd 106, Plorith Statutes. You arc thc Chair for the Florida Etections. Commissioa and pwnrant to:,scctioa 'l O&23(2), Florida Statutes, the Division of Elections has authori~ to issue an opinion to you. You ask the following: 1) Wheth~ the duty tO enforce Chapters 104 and 106, Florida Statutes, applies to enforcing v~olations of election-related provisions ..:: contained in various county and municipal chaner.s and ordinances. 2) Whether counties an8 municipalities can legally enact various clcction-xolo,tcd provis~on~ m their ehm'tcrs and ordinances, ......... ~- ...... -,:,-.- -cn~ralb, s~eak, ing, the Commission docs not h~,ve the w,~th reg ..... :--.~ ,.1.,~tlon-rclatcd vrovmonS of the local cnarters dt)w or authonty to entorce mc v~r~ua ........... -- - ---.:~:~.,, ,,~ t'ha,,tcr 001!)34 The.Capitbl * Room 1801 · Tal)ahassee, Florid~ 32399-0250 · (850) 488-7690 FAX:($50)488-1768 ' http:ttwww'i~°s'state'fl'us ' E.Mail: etection@maiLdos.state~q.'s Dr. Susan A. MacManm September 14, 2000 Page Two 104, F{orida Statutes, which might be c~nstmed tO allow the "piggybacking" of alleged chaiter and ordinar, ce, violations onto election-related violations lhereby indirectly expanding the.~unsdtctlon of the Commlsston. One such provision is section 104.011(1), Florida Statutes, which provides: A person who willfully swears or affirms falsely to .any oath or affirmation, or willfully procaresanothcr person to swear or afl`mm falsely to an oahh or affmfiation, in corinne/ion with or arising out of voting or cloctions commils a fctony of thethird degree, punishable as provided in s. 77.$.082, s. 775.083, or s. 775.084. (Emphasis ado~d.) Thc term "any" is gently defined as "lo]ne indiscriminately of whatever kind or quantity." Blacl~ Zaw Dictionary, 86 (6~ ~dition 1990). Thu~, based upon the plain language of s~tion 104311 (I), Florida Statutes, thc Commission has judsdieti0n to er, force this section as it .l~,i~ains to the oaths required by local char~ers and ordinan~s petlaining to vofiug or elections. Wi~h regard to other violations of local charlers or ordinances, the Commisslor~ihas {b~ duty to enforce these violations only Lf sUCh are also violations of Chaldea 104 ot 106, Florida Statutes. As you note in your l~tter, thc duly:to enforce local provisions which are piggybacked °at°' Election Cod~ violafior~, cbald become: burdensome fo~ the Coramission. Thu~, the Commission may wish to =seek to legislatively limit its jmistliction over loe,~l violations. Your,second question deals wi~ whether a local government may legislate in the election law area or whether fi,is a~ea is preeml~cd by state law. This quest/on involves the interpretation of Section 1, Article VII1,.Flofida Conslitution, regarding the powers and ~uthoiity 0flocal govcmmenls. Subsection (2) of section 106.23, Florida Statutes, reads: The Division of Blections shall pwvid~ advisory opinions when requested by any supe~isor of election, candidato, local offioer having election- related duties, political committee, committee of continuous existence, or other l:~rson or organization enga$cd in political activity, relatln~ to any vrovisions, or ~gssible violations'of Florida election law~ with respect to '~ctions such supervisor, candidate, local officer having election-related duties, pol[tkal party, committee, person, or organization has taken or proposes to lake. 00193 · Pate :Thrcc {Emphasis added..) s~ctio~ 1; ArtictCiVIll, Florida Constitution docs not remic to ,'Florida electi°n laws." For thts reason, l~c Division is ~thont ~unsdicnon and therefore declines, tO opine on whcthe~ local:gOvernments may legislate in the elecdon law area, Howev~, a reCCnl nthng m th~ Twelfth.Judicial Circuit pwvides support for ~he legality of sUCh ordinam:es. ~ Clar~ella v. Bd. of Co. Comm. ~201-CA, ~v. C ffl~ 12~ C~.). ~Ch~ell~, the co~ ~eld ~hat Chapter 106, . F~ $~mteS, ~s not ~ssl~ ~ im~i~ly prec~ 1~ gover~en~ ~om leg~s~at~ in ~e ~na of ~gn fm~g. ~: ~dl le~i~laJively. 0~e~ it ~ ~at:l~ gove~ may e~ct eie~on-rcl~ea pro~s~ons do ~t ~ici ~ Chapt~ 97-1~, E~a S~mtcs. Th~ COrr~ission :does not hsve &~e .uriC/, fity or d~ to ~or~ l~al ~2o~ ~si?~s ~c~s 'a ~n:of s~h p~isi~ co~ a ~la~on of ~ap~ lU~ or lob, rtonoa SI~IBI~S. Sincerely, L. Clayton Roberts Direclor, Division of El¢;tions PrcNared by: Kristl Rei~t Bro~on AssiS~anl Oer~ral Counsel LCR/K.RB/st O01..936 May 17, 2000 Mr. Clay Roherts, Director Division of Elections Department of State 1801 Capitol T~llahassee, Florida 32399 Dear Mr. Roberts: The Florida Elections Commission is requesting a formal opinion pursuant to Section 106.23, Florida Statutes from ~he Division of Elections relating to thc Commission's duties to enforce Chapters 104 ami 106, FLoridaStatutes. We ask the following two questions: (1) Whether this duty applies to enforcing violation~ of elaction-related provisions contained in various county and municipal cha~ters and ordinances, and (2) Wh~her counties and municipalities can legally enact various election- related provisions in their charters: and ordinances. In an effort to assist the Division in responding to this request, the following background information is famished, 'Over thc 'past several years, tl~ Florida Elections Commission has received sworn complaims asking the Comrmssion to investigate ~/arious el~ctiun-r¢latcd violations of municipal or county charl~rs or ordinances. Thc Commission had declined becoming involved in such matters s~ating that its jurisdiction was limited to violations of Chapter '106, Florida Statmes, the Campaign Financing Act. However, in 1998 when thc Legislature made the Conmaission r~.ponsiblc for enforcing violations of Chapter 104, FLorida Statutes, thc-Gommiasion found itself responsible for enforcing Section 104.011, Floriff~ .Statutes, which provides pe,alties for false swearing an oath or affirmation in confine/ion with an election. This section of thc law allows the "piggybacking" of alleged election-related violation of ' municipal or county charlers or ordinancesito lhe Commission when the county charters or ordinances require an oath that the candidate has complied with the municipality or counvj~s charter or ord/nances. 00193'7 .Several mut~cipalities an~counties: within om' state have charters or local ordinances dealing with campaign financing and otke~ election-re!areal subjects. Four.counties in oar state operate under charters which are in contained in thc Florida Co,s~itution and,the remaining charter ¢ouraies have adopted charters pursuant to the self- g0vemmant provisions contained ArtiCle VIII, Section l(g) of the Florida Constitution. Municipalities are also authorizefi under the Florida Constitution and "may exercise any power for municipal.purposes exceptas otherwis? provided by law." See Article VIII, Section 2(b), Fla. Const. Chapters 92 through !06, Florida Statutes, ~constitute "The Florida Election Code." Section 97.012(.1:), Flor/da Statutes,-specificai~ty directs the Secretary of State as the chief election:officer to "lo]brain and maintain u_niformivd in the application, operation, and inte~rPretation of ~ election laws." ,l'his directive seems to express the desire of the legihlature that the .election laws be uniform throughout the state rather than having a hodgepodge of elections laws in the various municipalities and counties. lurisdiction to investigate and determine violations of Chapter 104 and 106, Florida Statutes' and Section 105.:O71, Florida Statutes, is 'Nested" in the Florida Elections Commission pursuant to Section 10&~5, Florida Statutes, although this delegation of responsibt'lity :does nol limit the ,j~.~sdiction of any other officers or agencies of government empowered by law to investigate, act upon. or dispose of alleged violations of" the election code. .The Commission h~ understood~this'~ion to mean that officers or agencies such as the state attorneys,, coUnty sheriffs,~ or Plorida Department of Law Bnforccmem maintain concurrent jurisdiction to handle alleged violations of the election code since thesc agencies a~o empowered by law ratiae~ than local charter or orclinanec. Howcvcr, we have not understood this section to empower local governmcnt to "investigatc, act upon, or dispose .of alleged violations of' the eteclion code or conflicting election-law violations contained in their charters. Apparently some charter co~fi~r ~ municipalities in Florida are Under the impression that they' may legally enact a charter or local ordinance dealing with campaign financing regardless of whether the charter or ordinance conflicts with or attempts to supercede a ixovision in The Florida Election Cod~. In addition, what constitutes a conflict is not defined. However, Article VI of the Florida Constitution deals with "Suffrage and Elections," and Section I specifically p~ovides that "[r]egistration and ¢]ections shall, and · , t, " c' 6 political part~ functions may, be regulated by law .... Se t~on provides in its entirety, "Regi~maiot~ and glo, ions in manic~lities shall, and in other govmunental entities create/el by statute may, be provided by!Jaw. (emphasis added) This language in the Florida Constitution man,ares that municipal electiom muat follow ~tate law, and that the lcglslature may enact state law for other goverrmaental entities, including charter e?unties. In addition. Section 100.3605i Florida Statutes, clearly states that "[n]o charter or ordinance provision shall be adopted which conflicts with or exempts a municipality from any, provision in tile Floricta Election Code ~hat expressly applied to mUnicipalities." EleCtiOn is del'reed in the Campaign Financing Act, Chapter 106, Florida Statutes, .to 00 .93 2 ~n¢]udemunicipa! elections aS oppos~ to thc de£mition of election contained m the rest of The Florida Election Code, Whlchii~k~es not include municipal elections. See S. I06.011(6), Fie, Stat. and compare tc S. 97.021(?), Fla. Stat. It certainly seems that thc Florida Legislature expects municipalf!ies to operate under the Campaign Financing Law, Chapter 106, Florkla Statutes. The following three examples will show some of the types of local election charter prov~s~ons or ordinances.that have bee~ enactS. The first example is Miami-Dada County, a charter county established pursuant to Article' VIII of the Constitution of 1885, as amended, and carried forth by in Florida's present Cor/stltution by Ankle VIII, Section 6 (a). I~ 199g, :Miami-Dade County enacted Ordinance Number 98-183 which prohibits national bm6cs, state banks, corporations or unincorperatcd associations from making ~r~y contributions to Candidates for mayor o~ cotmty commissioner in Miami-Dade County. In ~d/t/on, th~ ordinance prohibits any candidate or other person from knowingly accepting or receiving such contributions. On May 9, 2000, thc Miami.Dade County Commission adopted an ordinance, which limits individual campaign contributions to $2.'50 per .person per candidate. This ordinance also prohibits any candidate or other person from knowingly accepting or receiving such contributi°ns. This ordinance-becomes.~ffective in 10 days if not vetoed by the Mayor. The board of county commissioners may ovemde a veto. This ordinance appear~ to conilict with'Chapter 106, Florida Statutes, the Campaign Financing Act, which provid~ that: Except for political p~es, no person, political committee, or commi~ee of continuous existence rosy, m any.: election, make contributions m excess of · $500 to any candidate for elecSou;io or retention in office or to any political committee s~pporting or opposingonc or more candidates.. In ad!liti0a,Articie III, Section ! l(a), of ~: Honda Constitution prohibits special laws relating to:the "eleCtion, j~sdiction or dillies of officers, except officers of municipalities, chai'te~ed counties, special districts, or local government agencies." Again, this seems to imply!that citizens of the state desire unif6rmity in the state's elections. Th~ l~lorida Le~is!amre has implement~ four cxceptions io the across-the.board $500 limitationsl Thbse inch~do certain c0nUibutions to candidates for Commissioner of Agric'~ltUre; Insurance Commissioner, and Comptroller If thc contributions are given by various categories of persons, thc con~i~utious may not e~ceed $100. See Ss.106.082, 627.062~, and 655.019, Fla. Stat. Thc fouith category is an unemancipated child under the age ofi18 years of age, whose contributious are limited to $100. See S.106.08(1)Co)2., Fla. :Stat. Thus, it appears thai when the Lel~latur~ wants to limit conu'ibutions from various · personS, it does so. We would argue that thc Florida Constitution and law pre-empt charter counties and municipalities from enacting such limitations. 001939 The'commission also qucs~iom wh~her thc, Miami-Dad¢ County outright prohibition against donations from: national I0a~S~ state banks corporations or unincorporated assoc~ahons and: th~ htratatwn of mdividaal contnbat~ons to $250 conflicts w~th Sectzon t06.08, Florida Statutes. Both Miami-Dade ordinances ir~lud~ ,penalties to be levied by thc Board of County Conunissioners-~a.fine clap to $5,00(~..or imprisonment not to exceed 364 days, or both. Section i25.69, Flor/da Statutes,,P~vidbs that violations of county'ordinance~ "shall be prosccutcd in the same mariner as misdemeanors are prosecuted" and that "upon conviction shall be punished by a fine not to exceed $500 or by imprisoument in the county jail not to exceed 60 days or by both..." The second example is Sarnsota C0unty~ a charter county under Ankle VIII, S~ction l(g) of the Florida Constitution, which s~ction allows Counties to become charter counties. In l!t90, the voters of $arasota Courity enacted a t-,vo-year residency requirement for candidates for county commission, Clerk of the Circuit Court, Property Assessor, Tax Collector, Supervisor of Elections, Sheriff, and menlber~ of the Charter Review commission. The residency requirement was found unenforceable in B_oard of County C. otnmissioners o~ara~pta County v. Gustafson. 616 So. 2d 1165 ('Fla. 2d DCA 1993). tn addition to enacting: the residency provisions in 1990, the voters enacted charier provisiom which limited campaign conu'ibutions to $200; placed an overall "cap" of $40,000 on Candidate contributions f~ candidates who were paid compensation and $2,000 fo~ candidates who were tmpaid .coant~ officers; limited contributions to political committee supporting candidates tO $100 and placed an overall "cap" of $1,000 on e,ipenditt~as by political committees to. $1,000 per candidate; redefined "election" to include the enthrc.election cycle rather thari including thc prima~ elections and the general election as long as a: candid~t~ is unopposed; ~nd redefined political comminee to also include committees of contlnuous existence; and, national, state and local political parties, I~, 19~9, the 12th }udiciat Circnit fonndthe aggregate caps on candidate and political · committee contributions and the redefinition of "cl~fion" and. "political committee" unconstit~ttional. See, Ctara~etla v. Board of Cornt~issioners of Sara~ota County. NO. 99- 4201~CA (Fla. t2~h Cir. Ct. Sept. 10, 1999) The Court found that the county was not peeempted from enacting a lower limit and that the $250 contribution limit for candidates and ~$100. contribntion limit for political committees did not conflict with the $500 conWibution limit contained in Section t06.08, Florida Statutes, since the ordinance could be, in the Court's opinion, more stringent as long as compliance with the local regulation docs not require violation of state Iaw. On M~ch 14, 2000, language wa~ on the ballot to an~end Sarasota's chialer to r~ovc ~e l~guage; which:w~ f~d unco~t~nal by ~e Co~, ~d ~e ~endm~nt f~led by a vole of ~,119 m 18;00~. Howev~; ~ Commi~ion still questions S~o~ Co~W's au~dW to en~ a $250 l~itafi~ on ~n~bufions ~m ~dividua~ ~d a $1~ Ii.ration on contributions ~m politic~ co.trees. The third example is a municipality, the City of South Miami, which has ordinances that regulate Campaig~ ~aance. These ordinances limit campaign contributions to $250 per OO:1.940 ~orS0n. ~r. a~ C ,am~i_'~a~? fo~ ~}ectiv¢:~nicipal office, h addition, v~dors ~ prohibit~ m,m~ cm~u~, to~i~t~, f~ mayor ~d city co~ission~, ~d c~di~ates ~c p[o~tbR~' ~m ~c~i~g ~nM~h~s to c~didates for mayor ~d city co~sston~. A ~ of up to $500 ~ay b~ imbed for e~h holation of~is If a'.~d0r viol~s ~is ~odsion md.!~ o~qial to whom hc m~c a donation is elected, thc V~ris ~mU~ifi~ ~om ~g ~n~ Mth ~e Cl, for s~ mon~. Co gn m of South mmi's abili, to enact a $250 ~e~e ~e ~t t~ee exmples'of~ome o~e varies ~c~ chmer ~d ordin~c, provisions ~tathg to el~ti~s. We ~e ~g c~i~ of~e~ provisions for yo~ hfomation. h ga~efing infomati~ for ~is opin~n request, we have been told ~at the 1~ v~ous re~lafiom ge co~ng m ~e v~ers~ esp~ially since ~,y oily ~ply t8 some l~al races. T~ Mi~i~e C~ ~visiom ~ply only m ~iss~ c~es. ~e C~ of ~uth ~i ~siom ~ply ~y m the ciw of ~u~ Mi~i m~o~ ~ ci~ ~s~ c~datos. ~e Sg~m pmmsions apply w ¢~tes for co~ ~i~, ~e co~imti~al *~n~ office~, ~d m~bem of Char Renew C~ssion. C~les f~ gov~r, ~te ~binet, Io~slafive ~eats, j~ici~ offi~, scSI ~, ~ m~t ~ial di~ct posifiom pro.stuns ~ C~pt~ 1 ~, Flohda: S~amtes. The Commission looks roi'ward to reply. Since, rely, El'lclosul~es ' Susan A. Mae. Manus Chair 001941 ORDINANCE NO. 2000- AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO CAMPAIGN FINANCING; LIMITING TO $200.00 CAMPAIGN CONTRIBUTIONS AND EXPENDITURES GIVEN BY INDIVIDUALS AND POLITICAL COMMITTEES TO CANDIDATES FOR THE OFFICES OF CITY COMMISSIONERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FORAN EFFECTIVE DATE. WHEREAS, Flodda law limits individual campaign contributions to five hundred dollars ($500.00) per person and per "political committee" per candidate; and WHEREAS, concern has been expressed that large contributions have a disproportionate impact on the election of candidates to the offices of City Commissioners; and WHEREAS, the United States Supreme Court has stated that the perception of corruption is inherent in a regime of large individual financial contributions to candidates for public office; and WHEREAS, the United States Supreme Court has also stated that when the perception of corruption is not addressed, the cynical assumption that large donors unduly influence the work of government could jeopardize the willingness of voters to take part in democratic governance; and WHEREAS, the provisions of this Ordinance will help to eliminate the appearance of and potential for undue and unfair influence upon elected municipal officials; and WHEREAS, the City Commission believes that the provisions of this Ordinance will help to alleviate the foregoing misperception and encourage qualified persons to seek elective office who would not, or could not, otherwise do so: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. Findings. The recitals to this Ordinance are incorporated as findings. Section 2. Definitions. The following terms, as used in this Ordinance, shall mean: a. "Contribution" shall have the meaning ascribed to such term in Chapter 106, Florida Statutes, as amended and supplemented. b. "Expenditure" shall have the meaning ascribed to such term in Chapter 106, Florida Statutes, as amended and supplemented. Section 3. Limitation on Contributions and Expenditures, It is unlawful for any person or political committee, as defined in Chapter 106, Florida Statutes, to make a Contribution or Expenditure in excess of Two Hundred and 00/100 dollars ($200.00) directly, indirectly or through a political committee, to any candidate for election to the office of City Commissioner. Furthermore, it shall be unlawful for any candidate, political committee or other person to knowingly accept or -1~ ORDINANCE NO. 2000- receive any campaign Contribution or Expenditure prohibited by this section. The Contribution and Expenditure limits of this Ordinance apply to each election. For the purposes of this ordinance, any primary election and a general election are separate elections so long as the candidate is not an unopposed candidate as defined in section 106.011(15), Florida Statutes, as amended or supplemented. Section 4. Penalties. Any individual who violates this ordinance shall be subject to the penalties elsewhere prescribed in the City Code of Ordinances which are applicable to a violation of a municipal ordinance. Section 5. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 6. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict. PASSED AND ADOPTED on first reading on this 9th day of September, 2000. PASSED AND ADOPTED on second reading on this 26~ day of September, 2000. C.K. MCELYEA MAYOR - COMMISSIONER ATTEST: SHERYL CHAPMAN ACTING CITY CLERK ROLL CALL: MAYOR McELYEA - VICE-MAYOR BERTINO- COMMISSIONER ETLING - COMMISSIONER CALl- COMMISSIONER MIKES- APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY -2- ORDINANCE NO. 2000- PLANNING AND ZONING 8 34-63 ARTICLE III. SIGN CODE DMSION 1. RESERVED* Secs. 34-41--34-60. Reserved. DIVISION 2. TEMPORARY POLITICAL SIGNSi Sec. 34-61. Purpose of article. This article shall govern the installation, maintenance and display of temporary political signs in the City. (Ord. No. 96-11, 8 1(1.01), 8-20-96) Sec. 34-62. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Temporary political sign means any sign which advocates or suggests to the reader that he vote for or against, endorse or not endorse, contribute or not contribute to, or otherwise support or refrain from supporting in any way any proposition to be voted upon by the public or any individual seeking election or appointment to a particular position or office. The term shall also include any sign which declares or affirms support or endorsement for any proposition to be voted on by the public or any individual seeking election or appointment to a particular position or office. (Ord. No. 96-11, § 1(1.02), 8-20-96) Cross reference-Definitions generally, 8 1-2. Sec. 34-63. Location and installation; size and number; time period; bond require- ments. (a) Placement on right-of-way or other public property. No temporary political sign shall be placed on public rights-of-way or on property owned or used by the City. (b) Placement on vacant lot; placement on utility poles, traffic signs, etc. No temporary political sign shall be placed upon any unimproved ]et without the written consent of the property owner filed with the City Clerk prior to posting of the sign, or upon any public utility pole or equipment, traffic control device or structure, bridge, gnardrail or public traffic or location sign. *Editor's note--Ord. No. 99-09, § l(Exh. A, § 901), adopted July 13, 1999, added new provisions to this Code which in effect superseded provisions formerly set out as art. III, div. 1, of this chapter. Former art. III, div. 1, 88 34-41--34-54, pertained to the Sign Code generally and derived from Ord. No. 97-17, 88 1--14, adopted June 3, 1997. IState law reference--Usage and removal of political campaign advertisements, F.S. § 106.1435. Supp. No. 4 CD34:7 § 34-63 AVENTURA CODE (c) Bond. Each candidate in a municipal election and nonmunicipal elections shall, prior to the installation and/or construction of signs in accordance with this article, post or cause to be posted with the City a refundable cash bond in the minimum amount of $500.00. (d) Exemption from bond requirement. Any candidate who has filed his qualifying fee pursuant to F.S. § 99.095 (petition method of qualifying) shall be exempt from the requirement of posting the cash bond. (e) Permitted districts; removal after election. Temporary political signs shall be permitted in all zoning districts, provided that no temporary political sign shall be permitted to remain longer than seven days after the election. If a candidate fails to remove all temporary political signs within the stated timeframe, he shall forfeit the refundable cash bond. (f) Signs in residential zoning districts. Each property owner or occupant in residential zoning districts shall be permitted one sign per candidate or ballot issue. The maximum size of any individual temporary political sign shall not exceed 4~/2 square feet in area. (g) Signs in other zoning districts. In all other zoning districts, the maximum size of any one temporary political sign shall not exceed eight square feet, and the total signable area for temporary political signs located on any single property shall not exceed 32 square feet per property, with a maximum total aggregate signable area per candidate for the entire City not to exceed 32 square feet. (h) Location near easement or street. No temporary political sign shall be placed within five feet of any easement of the property upon which the sign is located. No temporary political sign shall be located within ten feet of the edge of the pavement of any street if there is no sidewalk. Temporary political signs shall be located solely on the property side of the sidewalk if there is a sidewalk. (i) Signs on vehicles or machinery. All tempm'ary political signs placed on vehicles or machinery in residentially zoned property, except bumper stickers, shall not exceed 4I/2 square feet and shall be securely fastened to the vehicle in order to ensure that the vehicle is capable of being operated in a safe manner upon the roads of the State. ~) Portable signs. Portable temporary political signs, except for those securely fastened to vehicles, defined for purposes of this section as signs not secured to the ground in accordance with chapter 42 of the South Florida Building Code, as amended, shall not be allowed. (k) Traffic hazards. No temporary political sign shall be located on property in such a manner as to interfere with or present a hazard to the flow of traffic along the streets adjacent to the property upon which the temporary political sign is located. Il) Responsibility for hazards; responsibility for removal of signs. Any individual or entity who posts or causes to be posted a bond pursuant to subsection (c) of this section, and/or the owner and/or tenant of the property where a temporary political sign is located, shall be responsible for any hazard to the general public wh~ Ih is caused by, or created by reason of, the installation and/or maintenance of temporary pohtical signs. The candidate shall also be responsible for the prompt removal of such signs. Supp. No. 4 CD34:8 PLANNING AND ZONING § 34-90 (m) Date of installation. No political sign shall be installed more than 60 days prior to the date of the election which is the subject matter of such sign or more than 60 days prior to a primary election scheduled prior to such election, whichever is earlier. (n) Copy of article to be furnished to candidates. The City Manager or his designee shall furnish a copy of this article to all qualifying candidates, who shall sign and date an acknowledgment of receiving the document. (Ord. No. 96-11, § 1(1.03), 8-20-96) Sec. 34-64. Removal of improper signs. (a) Generally. Any temporary political sign not posted in accordance with the provisions of this article, and any such sign which exists in violation of this article, shall be deemed to be public nuisance and shall be subject to removal by the candidate, the property owner or the City. If the City removes the sign as a last resort, the City Manager or his designee shall deduct the cost and expense of removal from the posted cash bond. (b) Emergency removal. Notwithstanding subsection (a) of this section, the City Manager may cause the immediate removal of any sign that constitutes a nuisance or poses an immediate danger to the health, safety or welfare of the community. City personnel may enter onto premises, with or without the property owner's consent, for emergency removal. (Ord. No. 96-11, § 1(1.04), 8-20-96) Sec. 34-65. Enforcement; penalty. Any person who violates any provisions of this article shall, upon conviction, be punished by a fine not to exceed $500.00, or imprisonment in the County jail not to exceed 60 days, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. This article shall be subject to enforcement under the Local Government Code Enforcement Act, F.S. ch. 162. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. (Ord. No. 96-11, § 3, 8-20-96) Secs. 34-66--34-70. Reserved. DIVISION 3. RESERVED* Secs. 34-71---34-90. Reserved. *Editor's note--Ord. No. 99-09, § l(Exh. A, § 903), adopted July 13, 1999, added new provisions to this Code which in effect superseded provisions formerly set out as art. III, div. 3 of this chapter. Former art. III, div. 3, §§ 34-71--34-81, pertained to commercial advertising signs and derived from Ord. No. 97-12, §§ 1(1.01--1.08), 3--5, adopted April 15, 1997. Supp. No. 4, Rev. CD34:9 OFFI~ OF THE ~nY C~llSSlOfl From: Date: Subject: Eric $oroka City Manager Pa~ricia Rogers-~ Commissione~ f October 18, 2000 HR 5625 Full ~ Fair Disclosure Act Please include this item for discussion at ~he Commission workshop ol~ Octo- ber 25~. Thank you, c: Mayor & Commission League o£ Cities 10/5/00 3:46: PAOE 214 RightFAX TO: FAST Members Local/Regional League Presidents and Executive Directors FROM: Kelvin ,1. Robinson, Director Legislative & Public Affairs DATE: October 5, 2000 SUBJECT: Generating Support for 11.11. 5625 - Correction to the Full and Fair Disclosure Act (e.I. BACKGROUND Before the 106th Congress adjourns, it is imperative that Congress corrects an unintended consequence of the new Section 527-disclomre law. Currently, the Internal Revenue Service is foming thousands of state and local candidates and other groups who engage honestly in the electoral process to complete duplicative and burdensome federal report'm8 requirements. Congressman David Vitter (R-La.) recently imroduced H.R. 5265 to correct this error and exempt groups who are already fully accountable under state law from the new IRS regulations. HR 5265 opera up no new loopholes and in no-way exempts the so-caRed "stealth PACs." We need to build immediate sponsorship and support for Congressman Vitter's proposal in the House and a similar bill in the Senate ffthey are to be considered and passed before Con. ss adjourns around 0ctob~r 20. SUMMARY OF [LIZ 5265 Public law 106-230 want into effect on July 1, 2000, a mere four days after it was introduced as HR. 4762. This law amends §527 of the Internal Revenue Code of 1986 to require political organizations that claim §527 tax exempt status to file notification of'their §527 status and to make certain required disclosures of expenditures and contributions. The purpose of the hw was to target groups known as "stealth PACs" that can collect and distribute unlimited amounts of money from any donor, foreign or domestic, in total secrecy, and use these funds to influence an election. However, the law casts a much broader net. Under the provisions of this new law, state or local committees of a political party or political committee ora state or local candidate must comply with the notification requirements of the law, but are exempt from the disclosure requirements of the law. Most states have registration requirements already in effect. Therefore, the impact of this law is to impose duplicative and burdensome reporting requirements on state and local candidates and their campaign coauvittees. The IRS has acknowledged that most of the entities that filed by the July 31 deadline were state and local candidate conanittoes, not the "stealth PAC" groups at which the law is aimed. Every state already requires political committees ~o disclose expenditures and contributiom at varying levels. In fact, state and local governments have long requhed pubhc disclosure of political activities, often earlier and in a more comprehensive manner than similar disclosures at the federal level. Post Office Box 1757 * TalLahassee, Florida 32302 * (850) 222-9684 * Sune~ 278-~3.31 FAX (850) 222-3806 ,FL League of Cities 10/5/00 3:46: PAGE 3/4 RightFAX The Vitter bill relieves state and local individuals and groups of the unintended consequences of the new Section 527 law without exempting the so-called "stealth PACs" for whom the law was targeted. H.R. 5265 would exempt political committees from the new requirements if they meet two requirements: the committee engages in activity "solely in the attempt to influence the selection, nomination, election, or appointment of any individual to any state or local public office or office in a state or local political organization;" and the conanittee "is subject to state or local contribution and expenditure reporting requirements relating to selections, nominations, electiom, and appoimments to such offices, and repons under such requimmeats are publicly available." Therefore, no political committee would he exempt bom the new requirements if they spent even ore dollar on a federal election (including House or Senate races) or ikiled to abide by state or local contribution and expenditure reporting requirements. The exemption of state and local committees is further needed becaus~ the new federal law, which is geared to the federal elacfion cycle, often does not conform to state and local requirements, creating an additional administrative burden. The Vitter Section 527 bill would establish an exemption for state and local political committees s'ur~ar to one for federal political organirations that report to the Federal Election Commission. ACTION REQUESTED It is critical that local elected officials contact Senators Mack and Graham and our U.S Representatives imm~cliately to urge them to cosponsor and support H.R. 5265. TI~ legishtion exempts state and local candidates and their political committees from the scope of Public Law 106- 230. Tell FL Congressional Delegation Members that PL 106-230 was meant to target stealth PAC groups, not state and local candidates, campaign committees, and state political parties. Let our Congressional Members know that state laws already exist that address the reporting and disclosure of infommtion required in PL 106-230. Remind them of Florida's report'mg and disclosure requirements. It is particularly important for cities to contact Florida Representatives on the House Ways and Means Committee t~day. They include: Rep. E. Clay Shaw, Jr. 2408 Raybum HOB Washington 20515 (202) 225-3026 FAX (202) 225-8398 Rep. Mark Foley 113 Cannon HOB Washington 20515 (202) 225-5792 FAX (202) 225-3132 Rep. Karen L. Thurn~n 440 Cannon HOB Washington 20515 (202) 225-1002 FAX (202) 226-0329 Attached is a sample letter for you to fax to your congressional delegation right away. It can he adapted for both the House and Senate as indicated. Phone calls as well as letters are needed. .FL League of Cities 10/5/00 3:46: PAGE 4/4 RightFAX SAMPLE LETTER October , 2000 Dear Representative ..... (Senator ..... ): On behalf of the city of(put name), I am writing to urge you to cosponsor and support (HR 5265, a bill introduced by Congressman Vitter in the House.) (a bill idemical to H.R. 5256 in the U.S. Senate. Currently them is no Senate bill.) This is an urgently needed corrective measure to the Full and Fair Political Activity Disclosure Act (Public Law 106-230). (HR. 5265) (A Senate bill identical to H.R. 5265) will remedy a serious flaw with the underlying law, namely the duplicative and burdensome federal reporting and disclosure requirements which have now been placed on state and local political candidates, their campaign committees, and state political parties. (H.R. 5265) (An identical Senate bill to HR. 5265) would exempt state and local political organizations that already report and disclose at the state or local level from the requiremems of Public Law 106-230. The exemption for state and local political organizations eontmned in (H.R. 5265) (a Senate version of H,R. 5265) would mirror a similar exemption contained in the law for federal political organizations that already report to the Federal Election comrmssion, Public Law 106-2.30 was draP, mt and enacted with the goal of targeting "stealth PAC" organizations. In the past, these groups claimed Section 527 tax exempt status, and thus avoided having to report certain details about their organizations and to disclose their expenditures and contributions information. In this way, the "stealth PAC" groups have been able to influence the political process in total secrecy. By contrast, state and local political candidates, campaign commitlees and other affiliated political organizations file notification and disclosure forms with their respective state agencies pursuant to state law. In fact, most states have lower thresholds for disclosure than the Federal Election Campaign Act (FECA)~ Public Law 106-230 was hastily enacted only four days after it was first introduced. We clearly believe Congress' ultimate goal m make "stealth PACs" accountable in the political process is a laudable one. However, in Congress' rush to enact meaningful campaign finance reform legishtion, the full ramifications of Public Law 106-230 were not folly considered. The result of Public Law 106- 230 is that state and local political candidates, campaign comes and state political parties are now ~equired to report and disclose the same inforrnation both at the state and federal level, using a multiplicity of forms. This is both duplicative and burdensome for state and local political organizations. Moreover, it is entirely unnecessary given that reporting and disclosure requirements already exist and are being followed at the state level. It raises constitutional question and invites the IRS to monitor state elections law. This matter can be easily rectified with your cosponsorship of and support for (HR. 5265). (an identical bill in the Senate). Sincerely, cc: Kelvin J, Robinson, FL League of Cities