Florida Senate - 2018                                    SB 1848
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-01546-18                                           20181848__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Tax Credit Scholarship
    3         Program; repealing s. 1002.395, F.S., relating to the
    4         Florida Tax Credit Scholarship Program; repealing ss.
    5         211.0251, 212.1831, 220.1875, 561.1211, and 624.51055,
    6         F.S., relating to credit for contributions to eligible
    7         nonprofit scholarship-funding organizations; amending
    8         ss. 11.45, 213.053, 220.02, 220.13, 220.186, 1001.10,
    9         1002.20, 1002.23, 1002.385, 1002.39, 1002.421,
   10         1006.061, 1012.315, and 1012.796, F.S.; conforming
   11         provisions to changes made by the act; providing an
   12         effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 1002.395, Florida Statutes, is repealed.
   17         Section 2. Section 211.0251, Florida Statutes, is repealed.
   18         Section 3. Section 212.1831, Florida Statutes, is repealed.
   19         Section 4. Section 220.1875, Florida Statutes, is repealed.
   20         Section 5. Section 561.1211, Florida Statutes, is repealed.
   21         Section 6. Section 624.51055, Florida Statutes, is
   22  repealed.
   23         Section 7. Paragraph (k) of subsection (2) and subsection
   24  (8) of section 11.45, Florida Statutes, are amended to read:
   25         11.45 Definitions; duties; authorities; reports; rules.—
   26         (2) DUTIES.—The Auditor General shall:
   27         (k)Annually conduct operational audits of the accounts and
   28  records of eligible nonprofit scholarship-funding organizations
   29  receiving eligible contributions under s. 1002.395, including
   30  any contracts for services with related entities, to determine
   31  compliance with the provisions of that section. Such audits
   32  shall include, but not be limited to, a determination of the
   33  eligible nonprofit scholarship-funding organization’s compliance
   34  with s. 1002.395(6)(j). The Auditor General shall provide its
   35  report on the results of the audits to the Governor, the
   36  President of the Senate, the Speaker of the House of
   37  Representatives, the Chief Financial Officer, and the
   38  Legislative Auditing Committee, within 30 days of completion of
   39  the audit.
   40  
   41  The Auditor General shall perform his or her duties
   42  independently but under the general policies established by the
   43  Legislative Auditing Committee. This subsection does not limit
   44  the Auditor General’s discretionary authority to conduct other
   45  audits or engagements of governmental entities as authorized in
   46  subsection (3).
   47         (8) RULES OF THE AUDITOR GENERAL.—The Auditor General, in
   48  consultation with the Board of Accountancy, shall adopt rules
   49  for the form and conduct of all financial audits performed by
   50  independent certified public accountants pursuant to ss.
   51  215.981, 218.39, 1001.453, 1002.395, 1004.28, and 1004.70. The
   52  rules for audits of local governmental entities, charter
   53  schools, charter technical career centers, and district school
   54  boards must include, but are not limited to, requirements for
   55  the reporting of information necessary to carry out the purposes
   56  of the Local Governmental Entity, Charter School, Charter
   57  Technical Career Center, and District School Board Financial
   58  Emergencies Act as stated in s. 218.501.
   59         Section 8. Paragraph (s) of subsection (8) of section
   60  213.053, Florida Statutes, is amended to read:
   61         213.053 Confidentiality and information sharing.—
   62         (8) Notwithstanding any other provision of this section,
   63  the department may provide:
   64         (s)Information relative to ss. 211.0251, 212.1831,
   65  220.1875, 561.1211, 624.51055, and 1002.395 to the Department of
   66  Education and the Division of Alcoholic Beverages and Tobacco in
   67  the conduct of official business.
   68  
   69  Disclosure of information under this subsection shall be
   70  pursuant to a written agreement between the executive director
   71  and the agency. Such agencies, governmental or nongovernmental,
   72  shall be bound by the same requirements of confidentiality as
   73  the Department of Revenue. Breach of confidentiality is a
   74  misdemeanor of the first degree, punishable as provided by s.
   75  775.082 or s. 775.083.
   76         Section 9. Subsection (8) of section 220.02, Florida
   77  Statutes, is amended to read:
   78         220.02 Legislative intent.—
   79         (8) It is the intent of the Legislature that credits
   80  against either the corporate income tax or the franchise tax be
   81  applied in the following order: those enumerated in s. 631.828,
   82  those enumerated in s. 220.191, those enumerated in s. 220.181,
   83  those enumerated in s. 220.183, those enumerated in s. 220.182,
   84  those enumerated in s. 220.1895, those enumerated in s. 220.195,
   85  those enumerated in s. 220.184, those enumerated in s. 220.186,
   86  those enumerated in s. 220.1845, those enumerated in s. 220.19,
   87  those enumerated in s. 220.185, those enumerated in s. 220.1875,
   88  those enumerated in s. 220.192, those enumerated in s. 220.193,
   89  those enumerated in s. 288.9916, those enumerated in s.
   90  220.1899, those enumerated in s. 220.194, and those enumerated
   91  in s. 220.196.
   92         Section 10. Paragraph (a) of subsection (1) of section
   93  220.13, Florida Statutes, is amended to read:
   94         220.13 “Adjusted federal income” defined.—
   95         (1) The term “adjusted federal income” means an amount
   96  equal to the taxpayer’s taxable income as defined in subsection
   97  (2), or such taxable income of more than one taxpayer as
   98  provided in s. 220.131, for the taxable year, adjusted as
   99  follows:
  100         (a) Additions.—There shall be added to such taxable income:
  101         1. The amount of any tax upon or measured by income,
  102  excluding taxes based on gross receipts or revenues, paid or
  103  accrued as a liability to the District of Columbia or any state
  104  of the United States which is deductible from gross income in
  105  the computation of taxable income for the taxable year.
  106         2. The amount of interest which is excluded from taxable
  107  income under s. 103(a) of the Internal Revenue Code or any other
  108  federal law, less the associated expenses disallowed in the
  109  computation of taxable income under s. 265 of the Internal
  110  Revenue Code or any other law, excluding 60 percent of any
  111  amounts included in alternative minimum taxable income, as
  112  defined in s. 55(b)(2) of the Internal Revenue Code, if the
  113  taxpayer pays tax under s. 220.11(3).
  114         3. In the case of a regulated investment company or real
  115  estate investment trust, an amount equal to the excess of the
  116  net long-term capital gain for the taxable year over the amount
  117  of the capital gain dividends attributable to the taxable year.
  118         4. That portion of the wages or salaries paid or incurred
  119  for the taxable year which is equal to the amount of the credit
  120  allowable for the taxable year under s. 220.181. This
  121  subparagraph shall expire on the date specified in s. 290.016
  122  for the expiration of the Florida Enterprise Zone Act.
  123         5. That portion of the ad valorem school taxes paid or
  124  incurred for the taxable year which is equal to the amount of
  125  the credit allowable for the taxable year under s. 220.182. This
  126  subparagraph shall expire on the date specified in s. 290.016
  127  for the expiration of the Florida Enterprise Zone Act.
  128         6. The amount taken as a credit under s. 220.195 which is
  129  deductible from gross income in the computation of taxable
  130  income for the taxable year.
  131         7. That portion of assessments to fund a guaranty
  132  association incurred for the taxable year which is equal to the
  133  amount of the credit allowable for the taxable year.
  134         8. In the case of a nonprofit corporation which holds a
  135  pari-mutuel permit and which is exempt from federal income tax
  136  as a farmers’ cooperative, an amount equal to the excess of the
  137  gross income attributable to the pari-mutuel operations over the
  138  attributable expenses for the taxable year.
  139         9. The amount taken as a credit for the taxable year under
  140  s. 220.1895.
  141         10. Up to nine percent of the eligible basis of any
  142  designated project which is equal to the credit allowable for
  143  the taxable year under s. 220.185.
  144         11.The amount taken as a credit for the taxable year under
  145  s. 220.1875. The addition in this subparagraph is intended to
  146  ensure that the same amount is not allowed for the tax purposes
  147  of this state as both a deduction from income and a credit
  148  against the tax. This addition is not intended to result in
  149  adding the same expense back to income more than once.
  150         11.12. The amount taken as a credit for the taxable year
  151  under s. 220.192.
  152         12.13. The amount taken as a credit for the taxable year
  153  under s. 220.193.
  154         13.14. Any portion of a qualified investment, as defined in
  155  s. 288.9913, which is claimed as a deduction by the taxpayer and
  156  taken as a credit against income tax pursuant to s. 288.9916.
  157         14.15. The costs to acquire a tax credit pursuant to s.
  158  288.1254(5) that are deducted from or otherwise reduce federal
  159  taxable income for the taxable year.
  160         15.16. The amount taken as a credit for the taxable year
  161  pursuant to s. 220.194.
  162         16.17. The amount taken as a credit for the taxable year
  163  under s. 220.196. The addition in this subparagraph is intended
  164  to ensure that the same amount is not allowed for the tax
  165  purposes of this state as both a deduction from income and a
  166  credit against the tax. The addition is not intended to result
  167  in adding the same expense back to income more than once.
  168         Section 11. Subsection (2) of section 220.186, Florida
  169  Statutes, is amended to read:
  170         220.186 Credit for Florida alternative minimum tax.—
  171         (2) The credit pursuant to this section shall be the amount
  172  of the excess, if any, of the tax paid based upon taxable income
  173  determined pursuant to s. 220.13(2)(k) over the amount of tax
  174  which would have been due based upon taxable income without
  175  application of s. 220.13(2)(k), before application of this
  176  credit without application of any credit under s. 220.1875.
  177         Section 12. Subsections (4) and (5) of section 1001.10,
  178  Florida Statutes, are amended to read:
  179         1001.10 Commissioner of Education; general powers and
  180  duties.—
  181         (4) The Department of Education shall provide technical
  182  assistance to school districts, charter schools, the Florida
  183  School for the Deaf and the Blind, and private schools that
  184  accept scholarship students under s. 1002.39 or s. 1002.395 in
  185  the development of policies, procedures, and training related to
  186  employment practices and standards of ethical conduct for
  187  instructional personnel and school administrators, as defined in
  188  s. 1012.01.
  189         (5) The Department of Education shall provide authorized
  190  staff of school districts, charter schools, the Florida School
  191  for the Deaf and the Blind, and private schools that accept
  192  scholarship students under s. 1002.39 or s. 1002.395 with access
  193  to electronic verification of information from the following
  194  employment screening tools:
  195         (a) The Professional Practices’ Database of Disciplinary
  196  Actions Against Educators; and
  197         (b) The Department of Education’s Teacher Certification
  198  Database.
  199  
  200  This subsection does not require the department to provide these
  201  staff with unlimited access to the databases. However, the
  202  department shall provide the staff with access to the data
  203  necessary for performing employment history checks of the
  204  instructional personnel and school administrators included in
  205  the databases.
  206         Section 13. Paragraph (b) of subsection (6) of section
  207  1002.20, Florida Statutes, is amended to read:
  208         1002.20 K-12 student and parent rights.—Parents of public
  209  school students must receive accurate and timely information
  210  regarding their child’s academic progress and must be informed
  211  of ways they can help their child to succeed in school. K-12
  212  students and their parents are afforded numerous statutory
  213  rights including, but not limited to, the following:
  214         (6) EDUCATIONAL CHOICE.—
  215         (b) Private educational choices.—Parents of public school
  216  students may seek private educational choice options under
  217  certain programs.
  218         1. Under the McKay Scholarships for Students with
  219  Disabilities Program, the parent of a public school student with
  220  a disability may request and receive a McKay Scholarship for the
  221  student to attend a private school in accordance with s.
  222  1002.39.
  223         2.Under the Florida Tax Credit Scholarship Program, the
  224  parent of a student who qualifies for free or reduced-price
  225  school lunch or who is currently placed, or during the previous
  226  state fiscal year was placed, in foster care as defined in s.
  227  39.01 may seek a scholarship from an eligible nonprofit
  228  scholarship-funding organization in accordance with s. 1002.395.
  229         2.3. Under the Florida Personal Learning Scholarship
  230  Accounts Program, the parent of a student with a qualifying
  231  disability may apply for a personal learning scholarship to be
  232  used for individual educational needs in accordance with s.
  233  1002.385.
  234         Section 14. Subsection (2) of section 1002.23, Florida
  235  Statutes, is amended to read:
  236         1002.23 Family and School Partnership for Student
  237  Achievement Act.—
  238         (2) To facilitate meaningful parent and family involvement,
  239  the Department of Education shall develop guidelines for a
  240  parent guide to successful student achievement which describes
  241  what parents need to know about their child’s educational
  242  progress and how they can help their child to succeed in school.
  243  The guidelines shall include, but need not be limited to:
  244         (a) Parental information regarding:
  245         1. Requirements for their child to be promoted to the next
  246  grade, as provided for in s. 1008.25;
  247         2. Progress of their child toward achieving state and
  248  district expectations for academic proficiency;
  249         3. Assessment results, including report cards and progress
  250  reports;
  251         4. Qualifications of their child’s teachers; and
  252         5. School entry requirements, including required
  253  immunizations and the recommended immunization schedule;
  254         (b) Services available for parents and their children, such
  255  as family literacy services; mentoring, tutorial, and other
  256  academic reinforcement programs; college planning, academic
  257  advisement, and student counseling services; and after-school
  258  programs;
  259         (c) Opportunities for parental participation, such as
  260  parenting classes, adult education, school advisory councils,
  261  and school volunteer programs;
  262         (d) Opportunities for parents to learn about rigorous
  263  academic programs that may be available for their child, such as
  264  honors programs, dual enrollment, advanced placement,
  265  International Baccalaureate, International General Certificate
  266  of Secondary Education (pre-AICE), Advanced International
  267  Certificate of Education, Florida Virtual High School courses,
  268  and accelerated access to postsecondary education;
  269         (e) Educational choices, as provided for in s. 1002.20(6),
  270  and Florida tax credit scholarships, as provided for in s.
  271  1002.395;
  272         (f) Classroom and test accommodations available for
  273  students with disabilities;
  274         (g) School board rules, policies, and procedures for
  275  student promotion and retention, academic standards, student
  276  assessment, courses of study, instructional materials, and
  277  contact information for school and district offices; and
  278         (h) Resources for information on student health and other
  279  available resources for parents.
  280         Section 15. Paragraphs (e) and (g) of subsection (2),
  281  paragraph (b) of subsection (3), paragraph (c) of subsection
  282  (4), paragraph (e) of subsection (8), paragraph (c) of
  283  subsection (9), and paragraph (g) of subsection (13) of section
  284  1002.385, Florida Statutes, are amended to read:
  285         1002.385 The Gardiner Scholarship.—
  286         (2) DEFINITIONS.—As used in this section, the term:
  287         (e)“Eligible nonprofit scholarship-funding organization”
  288  or “organization” means a nonprofit scholarship-funding
  289  organization that is approved pursuant to s. 1002.395(16).
  290         (f)(g) “Eligible private school” means a private school, as
  291  defined in s. 1002.01, which is located in this state, which
  292  offers an education to students in any grade from kindergarten
  293  to grade 12, and which meets the requirements of:
  294         1. Sections 1002.42 and 1002.421; and
  295         2. A scholarship program under s. 1002.39 or s. 1002.395,
  296  as applicable, if the private school participates in a
  297  scholarship program under s. 1002.39 or s. 1002.395.
  298         (3) PROGRAM ELIGIBILITY.—A parent of a student with a
  299  disability may request and receive from the state a Gardiner
  300  Scholarship for the purposes specified in subsection (5) if:
  301         (b) The parent has applied to an eligible nonprofit
  302  scholarship-funding organization to participate in the program
  303  by February 1 before the school year in which the student will
  304  participate or an alternative date as set by the organization
  305  for any vacant, funded slots. The request must be communicated
  306  directly to the organization in a manner that creates a written
  307  or electronic record of the request and the date of receipt of
  308  the request. In addition to the application and any
  309  documentation required by the organization or by State Board of
  310  Education rule, the parent may submit a final verification
  311  document pursuant to this paragraph to receive scholarship funds
  312  in the student’s account before the department confirms program
  313  eligibility pursuant to paragraph (9)(e). The final verification
  314  document must consist of one of the following items applicable
  315  to the student:
  316         1. A completed withdrawal form from the school district, if
  317  the student was enrolled in a public school before the
  318  determination of program eligibility.
  319         2. A letter of admission or enrollment from an eligible
  320  private school for the fiscal year in which the student wishes
  321  to participate and, if applicable, a copy of the notification
  322  from the private school that the student has withdrawn from the
  323  John M. McKay Scholarships for Students with Disabilities
  324  Program or the Florida Tax Credit Scholarship Program.
  325         3. A copy of the notice of the parent’s intent to establish
  326  and maintain a home education program required by s.
  327  1002.41(1)(a) or the annual educational evaluation of the
  328  student in a home education program, which is required by s.
  329  1002.41(2).
  330         (4) PROGRAM PROHIBITIONS.—A student is not eligible for the
  331  program if he or she is:
  332         (c) Receiving a scholarship pursuant to the Florida Tax
  333  Credit Scholarship Program under s. 1002.395 or the John M.
  334  McKay Scholarships for Students with Disabilities Program under
  335  s. 1002.39.
  336         (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
  337  private school may be sectarian or nonsectarian and shall:
  338         (e) Provide a report from an independent certified public
  339  accountant who performs the agreed-upon procedures developed
  340  under s. 1002.395(6)(o) if the private school receives more than
  341  $250,000 in funds from scholarships awarded under this section
  342  in a state fiscal year. A private school subject to this
  343  paragraph must annually submit the report by September 15 to the
  344  organization that awarded the majority of the school’s
  345  scholarship funds. The agreed-upon procedures must be conducted
  346  in accordance with attestation standards established by the
  347  American Institute of Certified Public Accountants.
  348  
  349  If a private school is unable to meet the requirements of this
  350  subsection or has consecutive years of material exceptions
  351  listed in the report required under paragraph (e), the
  352  commissioner may determine that the private school is ineligible
  353  to participate in the program.
  354         (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
  355  shall:
  356         (c) Investigate any written complaint of a violation of
  357  this section by a parent, a student, a private school, a public
  358  school or a school district, an organization, a provider, or
  359  another appropriate party in accordance with the process
  360  established by s. 1002.395(9)(f).
  361         (13) FUNDING AND PAYMENT.—
  362         (g) In addition to funds appropriated for scholarship
  363  awards and subject to a separate, specific legislative
  364  appropriation, an organization may receive an amount equivalent
  365  to not more than 3 percent of the amount of each scholarship
  366  award from state funds for administrative expenses if the
  367  organization has operated as a nonprofit entity for at least the
  368  preceding 3 fiscal years and did not have any findings of
  369  material weakness or material noncompliance in its most recent
  370  audit under s. 1002.395(6)(m). Such administrative expenses must
  371  be reasonable and necessary for the organization’s management
  372  and distribution of scholarships under this section. Funds
  373  authorized under this paragraph may not be used for lobbying or
  374  political activity or expenses related to lobbying or political
  375  activity. An organization may not charge an application fee for
  376  a scholarship. Administrative expenses may not be deducted from
  377  funds appropriated for scholarship awards.
  378         Section 16. Subsection (3) of section 1002.39, Florida
  379  Statutes, is amended to read:
  380         1002.39 The John M. McKay Scholarships for Students with
  381  Disabilities Program.—There is established a program that is
  382  separate and distinct from the Opportunity Scholarship Program
  383  and is named the John M. McKay Scholarships for Students with
  384  Disabilities Program.
  385         (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.—A student is
  386  not eligible for a John M. McKay Scholarship:
  387         (a) While he or she is enrolled in a school operating for
  388  the purpose of providing educational services to youth in
  389  Department of Juvenile Justice commitment programs;
  390         (b)While he or she is receiving a Florida tax credit
  391  scholarship under s. 1002.395;
  392         (b)(c) While he or she is receiving an educational
  393  scholarship pursuant to this chapter;
  394         (c)(d) While he or she is participating in a home education
  395  program as defined in s. 1002.01(1);
  396         (d)(e) While he or she is participating in a private
  397  tutoring program pursuant to s. 1002.43;
  398         (e)(f) While he or she is participating in a virtual
  399  school, correspondence school, or distance learning program that
  400  receives state funding pursuant to the student’s participation
  401  unless the participation is limited to no more than two courses
  402  per school year;
  403         (f)(g) While he or she is enrolled in the Florida School
  404  for the Deaf and the Blind;
  405         (g)(h) While he or she is not having regular and direct
  406  contact with his or her private school teachers at the school’s
  407  physical location unless he or she is enrolled in the private
  408  school’s transition-to-work program pursuant to subsection (10);
  409  or
  410         (h)(i) If he or she has been issued a temporary 504
  411  accommodation plan under s. 504 of the Rehabilitation Act of
  412  1973 which is valid for 6 months or less.
  413         Section 17. Subsections (1) and (4) of section 1002.421,
  414  Florida Statutes, are amended to read:
  415         1002.421 Accountability of private schools participating in
  416  state school choice scholarship programs.—
  417         (1) A Florida private school participating in the Florida
  418  Tax Credit Scholarship Program established pursuant to s.
  419  1002.395 or an educational scholarship program established
  420  pursuant to this chapter must comply with all requirements of
  421  this section in addition to private school requirements outlined
  422  in s. 1002.42, specific requirements identified within
  423  respective scholarship program laws, and other provisions of
  424  Florida law that apply to private schools.
  425         (4) A private school that accepts scholarship students
  426  under s. 1002.39 or s. 1002.395 must:
  427         (a) Disqualify instructional personnel and school
  428  administrators, as defined in s. 1012.01, from employment in any
  429  position that requires direct contact with students if the
  430  personnel or administrators are ineligible for such employment
  431  under s. 1012.315.
  432         (b) Adopt policies establishing standards of ethical
  433  conduct for instructional personnel and school administrators.
  434  The policies must require all instructional personnel and school
  435  administrators, as defined in s. 1012.01, to complete training
  436  on the standards; establish the duty of instructional personnel
  437  and school administrators to report, and procedures for
  438  reporting, alleged misconduct by other instructional personnel
  439  and school administrators which affects the health, safety, or
  440  welfare of a student; and include an explanation of the
  441  liability protections provided under ss. 39.203 and 768.095. A
  442  private school, or any of its employees, may not enter into a
  443  confidentiality agreement regarding terminated or dismissed
  444  instructional personnel or school administrators, or personnel
  445  or administrators who resign in lieu of termination, based in
  446  whole or in part on misconduct that affects the health, safety,
  447  or welfare of a student, and may not provide the instructional
  448  personnel or school administrators with employment references or
  449  discuss the personnel’s or administrators’ performance with
  450  prospective employers in another educational setting, without
  451  disclosing the personnel’s or administrators’ misconduct. Any
  452  part of an agreement or contract that has the purpose or effect
  453  of concealing misconduct by instructional personnel or school
  454  administrators which affects the health, safety, or welfare of a
  455  student is void, is contrary to public policy, and may not be
  456  enforced.
  457         (c) Before employing instructional personnel or school
  458  administrators in any position that requires direct contact with
  459  students, conduct employment history checks of each of the
  460  personnel’s or administrators’ previous employers, screen the
  461  personnel or administrators through use of the educator
  462  screening tools described in s. 1001.10(5), and document the
  463  findings. If unable to contact a previous employer, the private
  464  school must document efforts to contact the employer.
  465  
  466  The department shall suspend the payment of funds under s.
  467  1002.39 ss. 1002.39 and 1002.395 to a private school that
  468  knowingly fails to comply with this subsection, and shall
  469  prohibit the school from enrolling new scholarship students, for
  470  1 fiscal year and until the school complies.
  471         Section 18. Section 1006.061, Florida Statutes, is amended
  472  to read:
  473         1006.061 Child abuse, abandonment, and neglect policy.—Each
  474  district school board, charter school, and private school that
  475  accepts scholarship students under s. 1002.39 or s. 1002.395
  476  shall:
  477         (1) Post in a prominent place in each school a notice that,
  478  pursuant to chapter 39, all employees and agents of the district
  479  school board, charter school, or private school have an
  480  affirmative duty to report all actual or suspected cases of
  481  child abuse, abandonment, or neglect; have immunity from
  482  liability if they report such cases in good faith; and have a
  483  duty to comply with child protective investigations and all
  484  other provisions of law relating to child abuse, abandonment,
  485  and neglect. The notice shall also include the statewide toll
  486  free telephone number of the central abuse hotline.
  487         (2) Post in a prominent place at each school site and on
  488  each school’s Internet website, if available, the policies and
  489  procedures for reporting alleged misconduct by instructional
  490  personnel or school administrators which affects the health,
  491  safety, or welfare of a student; the contact person to whom the
  492  report is made; and the penalties imposed on instructional
  493  personnel or school administrators who fail to report suspected
  494  or actual child abuse or alleged misconduct by other
  495  instructional personnel or school administrators.
  496         (3) Require the principal of the charter school or private
  497  school, or the district school superintendent, or the
  498  superintendent’s designee, at the request of the Department of
  499  Children and Families, to act as a liaison to the Department of
  500  Children and Families and the child protection team, as defined
  501  in s. 39.01, when in a case of suspected child abuse,
  502  abandonment, or neglect or an unlawful sexual offense involving
  503  a child the case is referred to such a team; except that this
  504  does not relieve or restrict the Department of Children and
  505  Families from discharging its duty and responsibility under the
  506  law to investigate and report every suspected or actual case of
  507  child abuse, abandonment, or neglect or unlawful sexual offense
  508  involving a child.
  509         (4)(a) Post in a prominent place in a clearly visible
  510  location and public area of the school which is readily
  511  accessible to and widely used by students a sign in English and
  512  Spanish that contains:
  513         1. The statewide toll-free telephone number of the central
  514  abuse hotline as provided in chapter 39;
  515         2. Instructions to call 911 for emergencies; and
  516         3. Directions for accessing the Department of Children and
  517  Families Internet website for more information on reporting
  518  abuse, neglect, and exploitation.
  519         (b) The information in paragraph (a) must be put on at
  520  least one poster in each school, on a sheet that measures at
  521  least 11 inches by 17 inches, produced in large print, and
  522  placed at student eye level for easy viewing.
  523  
  524  The Department of Education shall develop, and publish on the
  525  department’s Internet website, sample notices suitable for
  526  posting in accordance with subsections (1), (2), and (4).
  527         Section 19. Section 1012.315, Florida Statutes, is amended
  528  to read:
  529         1012.315 Disqualification from employment.—A person is
  530  ineligible for educator certification, and instructional
  531  personnel and school administrators, as defined in s. 1012.01,
  532  are ineligible for employment in any position that requires
  533  direct contact with students in a district school system,
  534  charter school, or private school that accepts scholarship
  535  students under s. 1002.39 or s. 1002.395, if the person,
  536  instructional personnel, or school administrator has been
  537  convicted of:
  538         (1) Any felony offense prohibited under any of the
  539  following statutes:
  540         (a) Section 393.135, relating to sexual misconduct with
  541  certain developmentally disabled clients and reporting of such
  542  sexual misconduct.
  543         (b) Section 394.4593, relating to sexual misconduct with
  544  certain mental health patients and reporting of such sexual
  545  misconduct.
  546         (c) Section 415.111, relating to adult abuse, neglect, or
  547  exploitation of aged persons or disabled adults.
  548         (d) Section 782.04, relating to murder.
  549         (e) Section 782.07, relating to manslaughter, aggravated
  550  manslaughter of an elderly person or disabled adult, aggravated
  551  manslaughter of a child, or aggravated manslaughter of an
  552  officer, a firefighter, an emergency medical technician, or a
  553  paramedic.
  554         (f) Section 784.021, relating to aggravated assault.
  555         (g) Section 784.045, relating to aggravated battery.
  556         (h) Section 784.075, relating to battery on a detention or
  557  commitment facility staff member or a juvenile probation
  558  officer.
  559         (i) Section 787.01, relating to kidnapping.
  560         (j) Section 787.02, relating to false imprisonment.
  561         (k) Section 787.025, relating to luring or enticing a
  562  child.
  563         (l) Section 787.04(2), relating to leading, taking,
  564  enticing, or removing a minor beyond the state limits, or
  565  concealing the location of a minor, with criminal intent pending
  566  custody proceedings.
  567         (m) Section 787.04(3), relating to leading, taking,
  568  enticing, or removing a minor beyond the state limits, or
  569  concealing the location of a minor, with criminal intent pending
  570  dependency proceedings or proceedings concerning alleged abuse
  571  or neglect of a minor.
  572         (n) Section 790.115(1), relating to exhibiting firearms or
  573  weapons at a school-sponsored event, on school property, or
  574  within 1,000 feet of a school.
  575         (o) Section 790.115(2)(b), relating to possessing an
  576  electric weapon or device, destructive device, or other weapon
  577  at a school-sponsored event or on school property.
  578         (p) Section 794.011, relating to sexual battery.
  579         (q) Former s. 794.041, relating to sexual activity with or
  580  solicitation of a child by a person in familial or custodial
  581  authority.
  582         (r) Section 794.05, relating to unlawful sexual activity
  583  with certain minors.
  584         (s) Section 794.08, relating to female genital mutilation.
  585         (t) Chapter 796, relating to prostitution.
  586         (u) Chapter 800, relating to lewdness and indecent
  587  exposure.
  588         (v) Section 806.01, relating to arson.
  589         (w) Section 810.14, relating to voyeurism.
  590         (x) Section 810.145, relating to video voyeurism.
  591         (y) Section 812.014(6), relating to coordinating the
  592  commission of theft in excess of $3,000.
  593         (z) Section 812.0145, relating to theft from persons 65
  594  years of age or older.
  595         (aa) Section 812.019, relating to dealing in stolen
  596  property.
  597         (bb) Section 812.13, relating to robbery.
  598         (cc) Section 812.131, relating to robbery by sudden
  599  snatching.
  600         (dd) Section 812.133, relating to carjacking.
  601         (ee) Section 812.135, relating to home-invasion robbery.
  602         (ff) Section 817.563, relating to fraudulent sale of
  603  controlled substances.
  604         (gg) Section 825.102, relating to abuse, aggravated abuse,
  605  or neglect of an elderly person or disabled adult.
  606         (hh) Section 825.103, relating to exploitation of an
  607  elderly person or disabled adult.
  608         (ii) Section 825.1025, relating to lewd or lascivious
  609  offenses committed upon or in the presence of an elderly person
  610  or disabled person.
  611         (jj) Section 826.04, relating to incest.
  612         (kk) Section 827.03, relating to child abuse, aggravated
  613  child abuse, or neglect of a child.
  614         (ll) Section 827.04, relating to contributing to the
  615  delinquency or dependency of a child.
  616         (mm) Section 827.071, relating to sexual performance by a
  617  child.
  618         (nn) Section 843.01, relating to resisting arrest with
  619  violence.
  620         (oo) Chapter 847, relating to obscenity.
  621         (pp) Section 874.05, relating to causing, encouraging,
  622  soliciting, or recruiting another to join a criminal street
  623  gang.
  624         (qq) Chapter 893, relating to drug abuse prevention and
  625  control, if the offense was a felony of the second degree or
  626  greater severity.
  627         (rr) Section 916.1075, relating to sexual misconduct with
  628  certain forensic clients and reporting of such sexual
  629  misconduct.
  630         (ss) Section 944.47, relating to introduction, removal, or
  631  possession of contraband at a correctional facility.
  632         (tt) Section 985.701, relating to sexual misconduct in
  633  juvenile justice programs.
  634         (uu) Section 985.711, relating to introduction, removal, or
  635  possession of contraband at a juvenile detention facility or
  636  commitment program.
  637         (2) Any misdemeanor offense prohibited under any of the
  638  following statutes:
  639         (a) Section 784.03, relating to battery, if the victim of
  640  the offense was a minor.
  641         (b) Section 787.025, relating to luring or enticing a
  642  child.
  643         (3) Any criminal act committed in another state or under
  644  federal law which, if committed in this state, constitutes an
  645  offense prohibited under any statute listed in subsection (1) or
  646  subsection (2).
  647         (4) Any delinquent act committed in this state or any
  648  delinquent or criminal act committed in another state or under
  649  federal law which, if committed in this state, qualifies an
  650  individual for inclusion on the Registered Juvenile Sex Offender
  651  List under s. 943.0435(1)(h)1.d.
  652         Section 20. Paragraph (e) of subsection (1) of section
  653  1012.796, Florida Statutes, is amended to read:
  654         1012.796 Complaints against teachers and administrators;
  655  procedure; penalties.—
  656         (1)
  657         (e) If allegations arise against an employee who is
  658  certified under s. 1012.56 and employed in an educator
  659  certificated position in any public school, charter school or
  660  governing board thereof, or private school that accepts
  661  scholarship students under s. 1002.39 or s. 1002.395, the school
  662  shall file in writing with the department a legally sufficient
  663  complaint within 30 days after the date on which the subject
  664  matter of the complaint came to the attention of the school. A
  665  complaint is legally sufficient if it contains ultimate facts
  666  that show a violation has occurred as provided in s. 1012.795
  667  and defined by rule of the State Board of Education. The school
  668  shall include all known information relating to the complaint
  669  with the filing of the complaint. This paragraph does not limit
  670  or restrict the power and duty of the department to investigate
  671  complaints, regardless of the school’s untimely filing, or
  672  failure to file, complaints and followup reports.
  673         Section 21. This act shall take effect July 1, 2018.