SENATE AMENDMENT
Bill No. CS for CS for SB 2882
Amendment No. ___ Barcode 360654
CHAMBER ACTION
Senate House
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11 Senator Constantine moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 26, between lines 5 and 6,
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16 insert:
17 Section 4. Section 220.187, Florida Statutes, is
18 amended to read:
19 220.187 Credits for contributions to nonprofit
20 scholarship-funding organizations.--
21 (1) PURPOSE.--The purpose of this section is to:
22 (a) Encourage private, voluntary contributions to
23 nonprofit scholarship-funding organizations.
24 (b) Expand educational opportunities for children of
25 families that have limited financial resources.
26 (c) Enable children in this state to achieve a greater
27 level of excellence in their education.
28 (2) DEFINITIONS.--As used in this section, the term:
29 (a) "Department" means the Department of Revenue.
30 (a)(b) "Eligible contribution" means a monetary
31 contribution from a taxpayer, subject to the restrictions
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1 provided in this section, to an eligible nonprofit
2 scholarship-funding organization. The taxpayer making the
3 contribution may not designate a specific child as the
4 beneficiary of the contribution. The taxpayer may not
5 contribute more than $5 million to any single eligible
6 nonprofit scholarship-funding organization.
7 (b)(c) "Eligible private nonpublic school" means a
8 private nonpublic school, as defined in s. 1002.01(2), located
9 in Florida which that offers an education to students in any
10 grades K-12 and that meets the requirements in subsection (6)
11 (5). An eligible private school:
12 1. Must maintain a physical location in this state
13 where each scholarship student regularly attends classes.
14 2. May not be a correspondence school or distance
15 learning school.
16 3. May not direct or provide scholarship funds to a
17 parent of a scholarship student who receives instruction under
18 the program at home.
19 4. May not be a home education program as defined in
20 s. 1002.01(1).
21 (c)(d) "Eligible nonprofit scholarship-funding
22 organization" means a charitable organization that is exempt
23 from federal income tax pursuant to s. 501(c)(3) of the
24 Internal Revenue Code, incorporated under laws of this state,
25 and that complies with the provisions of subsection (4).
26 (d) "Owner" means the owner, president, chairperson of
27 the board of directors, superintendent, principal, or person
28 with equivalent decisionmaking authority who owns, operates,
29 or administers an eligible nonprofit scholarship-funding
30 organization or eligible private school. In addition, the term
31 "owner" means an individual who has access to or processes
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1 scholarship funds or eligible contributions at an eligible
2 nonprofit scholarship-funding organization or eligible private
3 school.
4 (e) "Qualified student" means a student who qualifies
5 for free or reduced-price school lunches under the National
6 School Lunch Act and who:
7 1. Was counted as a full-time equivalent student
8 during the previous state fiscal year for purposes of state
9 per-student funding;
10 2. Received a scholarship from an eligible nonprofit
11 scholarship-funding organization during the previous school
12 year; or
13 3. Is eligible to enter kindergarten or first grade.
14
15 A student is not eligible to receive a scholarship under this
16 section if the student is participating in the Opportunity
17 Scholarship Program under s. 1002.38, the John M. McKay
18 Scholarships for Students with Disabilities Program under s.
19 1002.39, or a home education program as defined in s.
20 1002.01(1). A student is not eligible to receive a scholarship
21 from more than one eligible nonprofit scholarship-funding
22 organization at the same time.
23 (3) AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX
24 CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.--
25 (a) There is allowed a credit of 100 percent of an
26 eligible contribution against any tax due for a taxable year
27 under this chapter. However, such a credit may not exceed 75
28 percent of the tax due under this chapter for the taxable
29 year, after the application of any other allowable credits by
30 the taxpayer. However, at least 5 percent of the total
31 statewide amount authorized for the tax credit shall be
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1 reserved for taxpayers who meet the definition of a small
2 business provided in s. 288.703(1) at the time of application.
3 The credit granted by this section shall be reduced by the
4 difference between the amount of federal corporate income tax
5 taking into account the credit granted by this section and the
6 amount of federal corporate income tax without application of
7 the credit granted by this section.
8 (b) The total amount of tax credits and carryforward
9 of tax credits that which may be granted each state fiscal
10 year under this section is $88 million. One percent of the
11 total statewide amount authorized for the tax credit must be
12 reserved for taxpayers who are small businesses as defined in
13 s. 288.703(1) at the time of application.
14 (c) A taxpayer who files a Florida consolidated return
15 as a member of an affiliated group pursuant to s. 220.131(1)
16 may be allowed the credit on a consolidated return basis;
17 however, the total credit taken by the affiliated group is
18 subject to the limitation established under paragraph (a).
19 (d) A taxpayer may rescind its application for tax
20 credit under this section, and the amount approved in the
21 application for tax credit shall become available for purposes
22 of the cap for that state fiscal year under this section to an
23 eligible taxpayer as approved by the Department of Revenue, if
24 the taxpayer receives notice from the Department of Revenue
25 that the rescindment application has been accepted by the
26 Department of Revenue, the taxpayer has not previously
27 rescinded its application for tax credit under this section
28 more than once in the previous 3 tax years, and the taxpayer
29 has not made a contribution pursuant to its approved
30 application for tax credit under this section. Any amount
31 rescinded under this paragraph shall become available to an
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1 eligible taxpayer on a first-come, first-served basis based on
2 tax credit applications received after the date the
3 rescindment is accepted by the Department of Revenue.
4 (4) OBLIGATIONS OF ELIGIBLE NONPROFIT
5 SCHOLARSHIP-FUNDING ORGANIZATIONS.--
6 (a) An eligible nonprofit scholarship-funding
7 organization shall provide scholarships, from eligible
8 contributions, to qualified students for:
9 1. Tuition or textbook expenses for, or transportation
10 to, an eligible private nonpublic school. At least 75 percent
11 of each the scholarship funding must be used to pay tuition
12 expenses; or
13 2. Transportation expenses to a Florida public school
14 that is located outside the district in which the student
15 resides.
16 (b) An eligible nonprofit scholarship-funding
17 organization shall give priority to qualified students who
18 received a scholarship from an eligible nonprofit
19 scholarship-funding organization during the previous school
20 year.
21 (c) The amount of a scholarship provided to any child
22 for any single school year by all eligible nonprofit
23 scholarship-funding organizations from eligible contributions
24 shall not exceed the following annual limits:
25 1. Three thousand five hundred dollars for a
26 scholarship awarded to a student enrolled in an eligible
27 private nonpublic school.
28 2. Five hundred dollars for a scholarship awarded to a
29 student enrolled in a Florida public school that is located
30 outside the district in which the student resides.
31 (d) The amount of an eligible contribution that which
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1 may be accepted by an eligible nonprofit scholarship-funding
2 organization is limited to the amount needed to provide
3 scholarships for qualified students that which the
4 organization has identified and for which vacancies in
5 eligible private nonpublic schools have been identified.
6 (e) An eligible nonprofit scholarship-funding
7 organization that receives an eligible contribution must spend
8 100 percent of the eligible contribution to provide
9 scholarships in the same state fiscal year in which the
10 contribution was received. No portion of eligible
11 contributions may be used for administrative expenses. All
12 interest accrued from contributions must be used for
13 scholarships.
14 (f) An eligible nonprofit scholarship-funding
15 organization that receives eligible contributions must provide
16 to the Auditor General and the Department of Education, within
17 180 days after completion of the organization's fiscal year,
18 an annual financial and compliance audit of its accounts and
19 records conducted by an independent certified public
20 accountant and in accordance with rules adopted by the Auditor
21 General. The Auditor General shall review all audit reports
22 submitted pursuant to this section. The Auditor General shall
23 request any significant items that were omitted in violation
24 of a rule adopted by the Auditor General. The items must be
25 provided within 45 days after the date of the request. If the
26 nonprofit scholarship-funding organization does not comply
27 with the Auditor General's request, the Auditor General shall
28 notify the Legislative Auditing Committee. The Legislative
29 Auditing Committee may schedule a hearing. If a hearing is
30 scheduled, the committee shall determine if the nonprofit
31 scholarship-funding organization should be subject to further
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1 state action. If the committee determines that the nonprofit
2 scholarship-funding organization should be subject to further
3 state action, the committee shall notify the Department of
4 Education, which shall terminate the eligibility of the
5 nonprofit scholarship-funding organization to participate in
6 the program under this section.
7 (g) An eligible nonprofit scholarship-funding
8 organization shall make payment of the scholarship, at a
9 minimum, on a quarterly basis. Payment of the scholarship by
10 the eligible nonprofit scholarship-funding organization shall
11 be by individual warrant or check made payable to the
12 student's parent. If the parent chooses for his or her child
13 to attend an eligible private nonpublic school, the warrant or
14 check must be mailed by the eligible nonprofit
15 scholarship-funding organization to the private nonpublic
16 school of the parent's choice, and the parent shall
17 restrictively endorse the warrant or check to the private
18 nonpublic school. An eligible nonprofit scholarship-funding
19 organization shall ensure that, upon receipt of a scholarship
20 warrant or check, the parent to whom the warrant or check is
21 made restrictively endorses the warrant or check to the
22 private nonpublic school of the parent's choice for deposit
23 into the account of the private nonpublic school.
24 (h) An eligible nonprofit scholarship-funding
25 organization may not commingle scholarship funds with any
26 other funds and must maintain a separate account for
27 scholarship funds.
28 (i) An eligible nonprofit scholarship-funding
29 organization shall obtain verification from a private school
30 of each student's continued attendance at the private school
31 prior to each scholarship payment.
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1 (j) An eligible nonprofit scholarship-funding
2 organization must verify the income of all scholarship
3 applicants participating in the program at least once each
4 school year through independent income documentation as
5 provided in rules of the State Board of Education.
6 (k) An eligible nonprofit scholarship-funding
7 organization must prepare and submit quarterly reports to the
8 Department of Education pursuant to subsection (8). In
9 addition, an eligible nonprofit scholarship-funding
10 organization must immediately submit to the Department of
11 Education any information requested by the Department of
12 Education relating to the scholarship program.
13 (l) All owners of a nonprofit scholarship-funding
14 organization shall, upon employment, entry into the contract,
15 or engagement to provide services, undergo background
16 screening pursuant to s. 435.04 by filing with the Department
17 of Education a complete set of fingerprints taken by an
18 authorized law enforcement agency or an employee of the
19 scholarship-funding organization who is trained to take
20 fingerprints. These fingerprints shall be submitted to the
21 Department of Law Enforcement for state processing, which
22 shall in turn submit the fingerprints to the Federal Bureau of
23 Investigation for federal processing. The Department of
24 Education shall screen the background results and report to
25 the scholarship-funding organization any owner who fails to
26 meet level 2 screening standards pursuant to s. 435.04 or any
27 owner who has been convicted of a crime involving moral
28 turpitude. Owners found through fingerprint processing to have
29 been convicted of a crime involving moral turpitude or failing
30 to meet level 2 screening standards pursuant to s. 435.04 may
31 not be employed, contracted with, or engaged to provide
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1 services in any position with the scholarship-funding
2 organization. The cost of the background screening may be
3 borne by the scholarship-funding organization or the owner.
4 1. Every 5 years following employment, entry into a
5 contract, or engagement to provide services with a
6 scholarship-funding organization, each owner must meet level 2
7 screening requirements as described in s. 435.04, at which
8 time the Department of Education shall request the Department
9 of Law Enforcement to forward the fingerprints to the Federal
10 Bureau of Investigation for level 2 screening. If the
11 fingerprints of an owner are not retained by the Department of
12 Law Enforcement under subparagraph 2., the owner must file a
13 complete set of fingerprints with the Department of Education.
14 Upon submission of fingerprints for this purpose, the
15 Department of Education shall request the Department of Law
16 Enforcement to forward the fingerprints to the Federal Bureau
17 of Investigation for level 2 screening, and the fingerprints
18 shall be retained by the Department of Law Enforcement under
19 subparagraph 2. The cost of the state and federal criminal
20 history check required by level 2 screening may be borne by
21 the scholarship-funding organization or the owner. Under
22 penalty of perjury, each owner must agree to inform the
23 scholarship-funding organization immediately if convicted of
24 any disqualifying offense while he or she is employed, under
25 contract, or engaged to provide services with the
26 scholarship-funding organization. If it is found that an owner
27 does not meet the level 2 requirements, the owner shall be
28 immediately suspended from working in that capacity and shall
29 remain suspended until final resolution of any appeals.
30 2. Beginning July 1, 2004, all fingerprints submitted
31 to the Department of Law Enforcement as required by paragraph
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1 (l), shall be retained by the Department of Law Enforcement in
2 a manner provided by rule and entered in the statewide
3 automated fingerprint identification system authorized by s.
4 943.05(2)(b). Such fingerprints shall thereafter be available
5 for all purposes and uses authorized for arrest fingerprint
6 cards entered in the statewide automated fingerprint
7 identification system pursuant to s. 943.051.
8 3. Beginning December 15, 2004, the Department of Law
9 Enforcement shall search all arrest fingerprint cards received
10 under s. 943.051 against the fingerprints retained in the
11 statewide automated fingerprint identification system under
12 subparagraph 2. Any arrest record that is identified with an
13 owner's fingerprints shall be reported to the Department of
14 Education. Each scholarship-funding organization shall
15 participate in this search process by paying an annual fee to
16 the Department of Law Enforcement and by informing the
17 Department of Law Enforcement of any change in the employment,
18 contractual status, or engagement status or place of
19 employment, contracting, or engagement of its owners whose
20 fingerprints are retained under subparagraph 2. The Department
21 of Law Enforcement shall adopt a rule setting the amount of
22 the annual fee to be imposed upon each scholarship-funding
23 organization for performing these searches and establishing
24 the procedures for the retention of owner fingerprints and the
25 dissemination of search results. The fee may be borne by the
26 scholarship-funding organization or by the owner.
27 (m) An eligible nonprofit scholarship-funding
28 organization must comply with the antidiscrimination
29 provisions of 42 U.S.C. s. 2000d.
30 (n) An eligible nonprofit scholarship-funding
31 organization or an owner of an eligible nonprofit
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1 scholarship-funding organization may not own, operate, or
2 administer an eligible private school participating in the
3 program.
4 (o) An eligible nonprofit scholarship-funding
5 organization must report to the Department of Education any
6 private school participating in the scholarship program under
7 this section which does not comply with the requirements of
8 the scholarship program. The eligible nonprofit
9 scholarship-funding organization may not provide additional
10 scholarship funds to a parent for a student to attend a
11 private school until the State Board of Education determines
12 that the school is in compliance with this section.
13 (p) An eligible nonprofit scholarship-funding
14 organization must allow a qualified student to attend any
15 eligible private school and must allow the parent to transfer
16 the scholarship during the school year to another eligible
17 private school of the parent's choice.
18 (q) An eligible nonprofit scholarship-funding
19 organization must provide a scholarship to a qualified student
20 on a first-come, first-served basis unless the student
21 qualifies for priority pursuant to paragraph (4)(b). An
22 eligible nonprofit scholarship-funding organization may not
23 target scholarships to a particular private school or provide
24 scholarships to a child of an owner.
25 (r) An eligible nonprofit scholarship-funding
26 organization may not transfer scholarship funds to another
27 eligible nonprofit scholarship-funding organization.
28 (s) An eligible nonprofit scholarship-funding
29 organization may not secure a promissory note, a line of
30 credit, or other financing to fund a scholarship in
31 anticipation of an eligible contribution. An eligible
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1 scholarship-funding organization may only fund scholarships
2 through eligible contributions received under the scholarship
3 program.
4 (t) A nonprofit scholarship-funding organization that
5 fails to comply with this section may not participate in the
6 scholarship program.
7 (5) PARENT OBLIGATIONS.--
8 (a) As a condition for scholarship payment pursuant to
9 paragraph (4)(g), if the parent chooses for his or her child
10 to attend an eligible private nonpublic school, the parent
11 must inform the child's school district within 15 days after
12 such decision.
13 (b) Any student participating in the scholarship
14 program must remain in attendance throughout the school year,
15 unless excused by the school for illness or other good cause,
16 and must comply fully with the school's code of conduct.
17 (c) The parent of each student participating in the
18 scholarship program must comply fully with the eligible
19 private school's parental-involvement requirements unless
20 excused by the school for good cause.
21 (d) Upon receipt of scholarship funds from the
22 eligible nonprofit scholarship-funding organization, the
23 parent to whom the warrant is made must restrictively endorse
24 the warrant to the private school for deposit into the account
25 of the private school. The parent may not authorize the
26 eligible private school, its owners, or employees to act as an
27 attorney in fact for purposes of endorsing scholarship
28 warrants.
29 (e) The parent of each qualified student participating
30 in the scholarship program must ensure that the student
31 participates in the required testing pursuant to this section.
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1 (f) A student or parent who fails to comply with this
2 subsection forfeits the scholarship.
3 (6) ELIGIBLE PRIVATE NONPUBLIC SCHOOL OBLIGATIONS.--An
4 eligible private nonpublic school must:
5 (a) Demonstrate fiscal soundness by filing with being
6 in operation for one school year or provide the Department of
7 Education with a surety bond for the amount equal to the
8 scholarship amount for each quarter of the school year. The
9 surety bond must be filed at the time of the private school's
10 initial registration to participate in the program under this
11 section with the Department of Education and at each annual
12 registration period thereafter for a total of 3 consecutive
13 years. This requirement does not apply to an eligible private
14 school that:
15 1. Has participated in the program for 3 consecutive
16 years or longer; and
17 2. Has had no action taken by the Department of
18 Education against the private school for any violation of this
19 section for 3 consecutive years or longer.
20
21 However, any private school that was subject to an action
22 taken by the Department of Education for any violation of this
23 section shall, following the date on which action was taken
24 against the private school for a violation of this section,
25 but prior to receiving the next quarterly payment, and for 2
26 additional consecutive years thereafter, file a surety bond
27 with the Department of Education. statement by a certified
28 public accountant confirming that the nonpublic school
29 desiring to participate is insured and the owner or owners
30 have sufficient capital or credit to operate the school for
31 the upcoming year serving the number of students anticipated
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1 with expected revenues from tuition and other sources that may
2 be reasonably expected. In lieu of such a statement, a surety
3 bond or letter of credit for the amount equal to the
4 scholarship funds for any quarter may be filed with the
5 department.
6 (b) Comply with the antidiscrimination provisions of
7 42 U.S.C. s. 2000d.
8 (c) Meet state and local health and safety laws and
9 codes.
10 (d) Comply with all state laws relating to general
11 regulation of private nonpublic schools.
12 (e) Employ or contract with teachers who have regular
13 and direct contact with each student receiving a scholarship
14 under this section at the school's physical location. All
15 teachers must hold at least a baccalaureate degree or have at
16 least 3 years' teaching experience in public or private
17 schools or have special skills, knowledge, or expertise that
18 qualifies them to provide instruction in subjects taught. As
19 part of the sworn-compliance form authorized under subsection
20 (7), an eligible private school must report to the Department
21 of Education the number of teachers employed or under contract
22 with the private school, along with the manner in which the
23 teacher meets the requirements of this paragraph.
24 (f) Annually register with the Department of
25 Education. Each private school must annually provide the
26 following information to the Department of Education:
27 1. The legal business and trade names, mailing
28 address, and business location of the private school;
29 2. The legal name, mailing address, and telephone
30 numbers of an owner of the private school;
31 3. A list of students at the private school receiving
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1 a scholarship under this section; and
2 4. A notification of the private school's intent to
3 participate in the program under this section.
4 (g) Ensure that all personnel who are hired,
5 contracted, or engaged to provide services to fill positions
6 requiring direct contact with students in the private school,
7 and all owners of a private school shall, upon employment,
8 entry into the contract, engagement to provide services, or
9 assumption of a position of ownership, a position of
10 decisionmaking authority, or a position having access to
11 scholarship funds, undergo background screening pursuant to s.
12 435.04 by filing with the Department of Education a complete
13 set of fingerprints taken by an authorized law enforcement
14 agency or an employee of the private school who is trained to
15 take fingerprints. These fingerprints shall be submitted to
16 the Department of Law Enforcement for state processing, which
17 shall in turn submit the fingerprints to the Federal Bureau of
18 Investigation for federal processing. The Department of
19 Education shall screen the background results and report to
20 the private school any person described in this paragraph who
21 fails to meet level 2 screening standards pursuant to s.
22 435.04 or any person described in this paragraph who has been
23 convicted of a crime involving moral turpitude. Employees,
24 contractors, personnel engaged to provide services, or owners
25 found through fingerprint processing to have been convicted of
26 a crime involving moral turpitude or failing to meet level 2
27 screening standards pursuant to s. 435.04 may not be employed,
28 contracted with, or engaged to provide services in any
29 position in the private school requiring direct contact with
30 students, and may not assume a position of ownership, a
31 position of decisionmaking authority, or a position having
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1 access to scholarship funds. The cost of the background
2 screening may be borne by the private school, the employee,
3 the contractor, the person engaged to provide services, or the
4 owner.
5 1. Every 5 years each person described in this
6 paragraph must meet level 2 screening requirements as
7 described in s. 435.04, at which time the Department of
8 Education shall request the Department of Law Enforcement to
9 forward the fingerprints to the Federal Bureau of
10 Investigation for level 2 screening. If the fingerprints of a
11 person described in this paragraph are not retained by the
12 Department of Law Enforcement under subparagraph 2., the
13 person must file a complete set of fingerprints with the
14 Department of Education. Upon submission of fingerprints for
15 this purpose, the Department of Education shall request the
16 Department of Law Enforcement to forward the fingerprints to
17 the Federal Bureau of Investigation for level 2 screening, and
18 the fingerprints shall be retained by the Department of Law
19 Enforcement under subparagraph 2. The cost of the state and
20 federal criminal history check required by level 2 screening
21 may be borne by the private school, the employee, the
22 contractor, the person engaged to provide services, or the
23 owner. Under penalty of perjury, each person described in this
24 paragraph must agree to inform the private school immediately
25 if convicted of any disqualifying offense while in a capacity
26 with the private school as described in this paragraph. If it
27 is found that a person described in this paragraph does not
28 meet the level 2 requirements, the person shall be immediately
29 suspended from working in that capacity and shall remain
30 suspended until final resolution of any appeals.
31 2. Beginning July 1, 2004, all fingerprints submitted
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1 to the Department of Law Enforcement as required by this
2 paragraph shall be retained by the Department of Law
3 Enforcement in a manner provided by rule and entered in the
4 statewide automated fingerprint identification system
5 authorized by s. 943.05(2)(b). Such fingerprints shall
6 thereafter be available for all purposes and uses authorized
7 for arrest fingerprint cards entered in the statewide
8 automated fingerprint identification system pursuant to s.
9 943.051.
10 3. Beginning December 15, 2004, the Department of Law
11 Enforcement shall search all arrest fingerprint cards received
12 under s. 943.051 against the fingerprints retained in the
13 statewide automated fingerprint identification system under
14 subparagraph 2. Any arrest record that is identified with the
15 fingerprints of a person described in this paragraph shall be
16 reported to the Department of Education. Each eligible private
17 school shall participate in this search process by paying an
18 annual fee to the Department of Law Enforcement and by
19 informing the Department of Law Enforcement of any change in
20 the status or place of employment, contracting, or engagement
21 of services of its personnel as described in this paragraph
22 whose fingerprints are retained under subparagraph 2. The
23 Department of Law Enforcement shall adopt a rule setting the
24 amount of the annual fee to be imposed upon each private
25 school for performing these searches and establishing the
26 procedures for the retention of private school personnel
27 fingerprints and the dissemination of search results. The fee
28 may be borne by the private school, the employee, the
29 contracted person, the person engaged to provide services, or
30 the owner.
31 (h) Annually administer or make provisions for
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1 scholarship students to take the Iowa Test of Basic Skills,
2 the Stanford-9, or the Florida Comprehensive Assessment Test,
3 or subsequent versions of these tests. A participating private
4 school must report a student's scores to the parent and to the
5 independent private research organization selected by the
6 Department of Education pursuant to subsection (7).
7 (i) Annually comply with the Department of Education's
8 affidavit requirements as provided in subsection (8).
9 (j) Notify in writing the Department of Education and
10 the nonprofit scholarship-funding organization within 7 days
11 if a student is ineligible to participate in the scholarship
12 program.
13 (k) Publish and report annually to the Department of
14 Education and distribute to the scholarship applicants if the
15 school has been in existence for 3 years or less.
16 (l) Publish and report annually to the Department of
17 Education and distribute to the scholarship applicants:
18 1. Whether the private school is accredited by an in
19 state or regional accrediting association that is validated by
20 a third-party accreditor at the state or national level which
21 has been in existence at least 3 years;
22 2. The name of the accrediting association that
23 accredits the private school; and
24 3. Whether the private school is in the process of
25 receiving candidate status.
26
27 The Department of Education shall make the annual list of
28 accredited and nonaccredited private schools available to the
29 public and shall make that list available by county.
30 (m) Comply with this section's requirements. A private
31 school that fails to comply with this section is ineligible to
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Bill No. CS for CS for SB 2882
Amendment No. ___ Barcode 360654
1 participate in the scholarship program under this section.
2 (7) DEPARTMENT OF EDUCATION; RESPONSIBILITIES.--The
3 Department of Education must:
4 (a) Annually submit, by March 15, to the Department of
5 Revenue a list of eligible nonprofit scholarship-funding
6 organizations that meet the requirements of this section.
7 (b) Annually determine the eligibility of nonprofit
8 scholarship-funding organizations that meet the requirements
9 of this section. The Department of Education must determine
10 the eligibility of the nonprofit scholarship-funding
11 organization within 90 days after the nonprofit
12 scholarship-funding organization's application for approval to
13 participate in the program. The Department of Education must
14 provide written notice of approval or denial to participate in
15 the program to the nonprofit scholarship-funding organization.
16 The notice must contain the specific reasons for approval or
17 denial.
18 (c) Annually determine the eligibility of private
19 schools that meet the requirements of this section. The
20 Department of Education must maintain a list of eligible
21 private schools, and that list must be made accessible to the
22 public.
23 (d) Annually verify the eligibility of students that
24 meet the requirements of this section. The Department of
25 Education must maintain a database of students participating
26 in the program. The Department of Education must, at least
27 quarterly, update its database to ensure that a student
28 continues to meet the requirements of this section. The
29 Department of Education must immediately notify an eligible
30 nonprofit scholarship-funding organization of any student that
31 fails to meet the requirements of this section.
19
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SENATE AMENDMENT
Bill No. CS for CS for SB 2882
Amendment No. ___ Barcode 360654
1 (e) Annually account for and verify the eligibility of
2 expenditures under this section.
3 (f) Annually review all audit reports of nonprofit
4 scholarship-funding organizations for compliance with this
5 section.
6 (g) Annually submit, administer, and retain records of
7 affidavits from private schools certifying compliance with
8 this section.
9 (h) Select an independent private research
10 organization to which participating private schools must
11 report the scores of participating students on the Iowa Test
12 of Basic Skills, the Stanford-9, or the Florida Comprehensive
13 Assessment Test, or subsequent versions of these tests
14 administered by the private school. The independent private
15 research organization must annually report to the Department
16 of Education on the year-to-year improvements of the
17 participating students. The independent research organization
18 must analyze and report student performance data, including
19 student scores by grade level, in a manner that protects the
20 rights of students and parents as mandated in 20 U.S.C. s.
21 1232g and must not disaggregate data to a level that will
22 disclose the identity of students or of private schools. To
23 the extent possible, the independent private research
24 organization must accumulate historical performance data on
25 students from the Department of Education and private schools
26 to describe baseline performance and to conduct longitudinal
27 studies.
28 (i) Revoke the eligibility of a nonprofit
29 scholarship-funding organization, private school, or student
30 to participate in the program for noncompliance with this
31 section.
20
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SENATE AMENDMENT
Bill No. CS for CS for SB 2882
Amendment No. ___ Barcode 360654
1 (j) Annually report, by December 15, to the Governor,
2 the President of the Senate, and the Speaker of the House of
3 Representatives of the Department of Education's actions with
4 respect to implementing accountability in the scholarship
5 program under this section including, but not limited to, any
6 substantiated allegations or violations of law or rule by a
7 nonprofit scholarship-funding organization or private school
8 under this program and the corrective action taken by the
9 Department of Education.
10 (8)(7) ADMINISTRATION; RULES.--
11 (a) If the credit granted pursuant to this section is
12 not fully used in any one year because of insufficient tax
13 liability on the part of the corporation, the unused amount
14 may be carried forward for a period not to exceed 3 years;
15 however, any taxpayer that seeks to carry forward an unused
16 amount of tax credit must submit an application for allocation
17 of tax credits or carryforward credits as required in
18 paragraph (d) in the year that the taxpayer intends to use the
19 carryforward. The total amount of tax credits and carryforward
20 of tax credits granted each state fiscal year under this
21 section is $88 million. This carryforward applies to all
22 approved contributions made after January 1, 2002. A taxpayer
23 may not convey, assign, or transfer the credit authorized by
24 this section to another entity unless all of the assets of the
25 taxpayer are conveyed, assigned, or transferred in the same
26 transaction.
27 (b) An application for a tax credit pursuant to this
28 section shall be submitted to the Department of Revenue on
29 forms established by rule of the Department of Revenue.
30 (c) The Department of Revenue and the Department of
31 Education shall develop a cooperative agreement to assist in
21
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SENATE AMENDMENT
Bill No. CS for CS for SB 2882
Amendment No. ___ Barcode 360654
1 the administration of this section. The Department of
2 Education shall be responsible for annually submitting, by
3 March 15, to the department a list of eligible nonprofit
4 scholarship-funding organizations that meet the requirements
5 of paragraph (2)(d) and for monitoring eligibility of
6 nonprofit scholarship-funding organizations that meet the
7 requirements of paragraph (2)(d), eligibility of nonpublic
8 schools that meet the requirements of paragraph (2)(c), and
9 eligibility of expenditures under this section as provided in
10 subsection (4).
11 (d) The Department of Revenue shall adopt rules
12 necessary to administer this section, including rules
13 establishing application forms and procedures and governing
14 the allocation of tax credits and carryforward credits under
15 this section on a first-come, first-served basis.
16 (e) The State Board of Education Department of
17 Education shall adopt rules pursuant to ss. 120.536(1) and
18 120.54 to administer this section, including, but not limited
19 to, rules: necessary to
20 1. Determining determine eligibility of nonprofit
21 scholarship-funding organizations and private schools; as
22 defined in paragraph (2)(d) and according to the provisions of
23 subsection (4) and
24 2. Identifying identify qualified students; as defined
25 in paragraph (2)(e).
26 3. Identifying the documentation required to establish
27 eligibility for nonprofit scholarship-funding organizations;
28 4. Requiring an affidavit, which comports with this
29 section's requirements for private schools that participate in
30 the scholarship program; and
31 5. Identifying the independent income-verification
22
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SENATE AMENDMENT
Bill No. CS for CS for SB 2882
Amendment No. ___ Barcode 360654
1 documentation required to establish student eligibility under
2 this section.
3 (f) The State Board of Education may delegate its
4 authority under this section to the Commissioner of Education
5 with the exception of rulemaking authority.
6 (9)(8) DEPOSITS OF ELIGIBLE CONTRIBUTIONS.--All
7 eligible contributions received by an eligible nonprofit
8 scholarship-funding organization shall be deposited in a
9 manner consistent with s. 17.57(2).
10
11 (Redesignate subsequent sections.)
12
13
14 ================ T I T L E A M E N D M E N T ===============
15 And the title is amended as follows:
16 On page 1, line 2, through
17 page 4, line 14, delete those lines
18
19 and insert:
20 An act relating to scholarship programs;
21 amending s. 1002.39, F.S., relating to the John
22 M. McKay Scholarships for Students with
23 Disabilities Program; revising the definition
24 of an eligible student; revising the
25 eligibility requirements of the program to
26 extend the term of the scholarship; prohibiting
27 certain students from receiving a scholarship;
28 revising the parental notification
29 requirements; authorizing certain scholarship
30 students to participate in a distance learning
31 or correspondence course under certain
23
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SENATE AMENDMENT
Bill No. CS for CS for SB 2882
Amendment No. ___ Barcode 360654
1 circumstances; providing a definition of timely
2 parental notification; providing requirements
3 for district school boards with respect to
4 completing and making changes to the matrix of
5 services for scholarship students; requiring
6 school districts to provide parental
7 notification related to reassessments; revising
8 requirements that a participating private
9 school demonstrate fiscal soundness; requiring
10 a surety bond; providing an exception;
11 requiring annual registration of private
12 schools; providing requirements for
13 documentation and notice; providing additional
14 requirements for participating private schools;
15 requiring annual sworn and notarized compliance
16 statements to be filed with the department;
17 requiring specific documentation for
18 participating scholarship students; requiring
19 that the private school maintain a physical
20 location in this state; requiring that
21 information be made available to potential
22 scholarship students and the department;
23 requiring scholarship students to participate
24 in assessments; requiring notification to
25 parents regarding student skill levels;
26 requiring notification to the department
27 regarding changes in information; requiring
28 notification to local health departments;
29 requiring certain individuals to undergo level
30 2 background screening requirements pursuant to
31 s. 435.04, F.S.; providing for the Department
24
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SENATE AMENDMENT
Bill No. CS for CS for SB 2882
Amendment No. ___ Barcode 360654
1 of Law Enforcement to retain and search
2 fingerprint records; providing for an annual
3 fee as provided by rule of the Department of
4 Law Enforcement; requiring that costs of
5 background checks be borne by certain parties;
6 prohibiting a private school from acting as an
7 attorney in fact for the parent of a
8 scholarship student or endorsing scholarship
9 warrants on behalf of a parent; prohibiting
10 participating private schools from sending or
11 directing scholarship funds to parents of a
12 scholarship student who receives instruction at
13 home; prohibiting a participating school from
14 being a correspondence or distance learning
15 school; prohibiting a participating school from
16 accepting students pending verification of
17 information; authorizing a participating
18 private school to request, and the department
19 to grant, closed-enrollment status for a
20 school; prohibiting the parent of a scholarship
21 student from designating a participating
22 private school as the parent's attorney in fact
23 to sign a scholarship warrant; clarifying that
24 the school district must report to the
25 department the students who are attending a
26 private school under the program; establishing
27 additional obligations of the Department of
28 Education; requiring the department to review,
29 approve, and verify information and review
30 background checks; requiring the department to
31 determine the eligibility of a private school
25
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SENATE AMENDMENT
Bill No. CS for CS for SB 2882
Amendment No. ___ Barcode 360654
1 to participate in the program; requiring the
2 department to publish an on-line list of
3 current eligible private schools; requiring the
4 department to deny or refuse to allow the
5 participation of a private school for failing
6 to meet certain requirements; requiring the
7 department to issue a notice of noncompliance
8 for minor violations; providing for an
9 emergency order revoking the registration of a
10 private school for failing to satisfy the
11 requirements in the notice; requiring the
12 Department of Education to immediately revoke
13 the registration of a private school for
14 certain other violations; requiring the
15 department to revoke the scholarship for a
16 participant for failing to comply with
17 statutory requirements or for engaging in
18 specified practices; requiring the department
19 to conduct investigations of legally sufficient
20 complaints of violations; authorizing the
21 department to require supporting information or
22 documentation; authorizing the Department of
23 Education to change the matrix of services
24 under certain circumstances; providing for
25 audits by the Auditor General; providing
26 requirements for the audits; requiring the
27 State Board of Education to adopt rules;
28 specifying the required rules; requiring the
29 State Board of Education to initiate the
30 adoption of rules by a time certain and report
31 to the Legislature; providing exceptions for
26
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SENATE AMENDMENT
Bill No. CS for CS for SB 2882
Amendment No. ___ Barcode 360654
1 certain participating private schools subject
2 to specific conditions; amending s. 220.187,
3 F.S., relating to the Corporate Tax Credit
4 Scholarship Program; providing definitions;
5 prohibiting certain private schools and other
6 entities from participating in the scholarship
7 program; prohibiting certain students from
8 participating in the scholarship program;
9 revising limitations on the allocation of
10 annual credits granted under the program;
11 providing limitations on eligible
12 contributions; requiring the Auditor General to
13 review certain audits, request certain
14 information, and report to the Legislative
15 Auditing Committee any findings of
16 noncompliance; authorizing the Legislative
17 Auditing Committee to conduct hearings and
18 compel the Department of Education to revoke
19 eligibility of certain nonprofit
20 scholarship-funding organizations; providing
21 for audit reports to be submitted to the
22 Department of Education; requiring audits be
23 conducted within 180 days after completion of
24 the nonprofit scholarship-funding
25 organization's fiscal year; requiring a
26 nonprofit scholarship-funding organization to
27 make scholarship payments at least on a
28 quarterly basis; prohibiting commingling of
29 certain scholarship funds; requiring a
30 nonprofit scholarship-funding organization to
31 maintain a separate account for scholarship
27
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SENATE AMENDMENT
Bill No. CS for CS for SB 2882
Amendment No. ___ Barcode 360654
1 funds; requiring a nonprofit
2 scholarship-funding organization to verify
3 student attendance at a private school prior to
4 submission of scholarship funds; requiring a
5 nonprofit scholarship-funding organization to
6 verify income eligibility of qualified students
7 at least once a year in accordance with State
8 Board of Education rules; requiring a nonprofit
9 scholarship-funding organization to submit
10 certain reports to the Department of Education;
11 requiring certain individuals to undergo level
12 2 background screening requirements pursuant to
13 s. 435.04, F.S.; providing for the Department
14 of Law Enforcement to retain and search
15 fingerprint records; providing for an annual
16 fee as provided by rule of the Department of
17 Law Enforcement; requiring costs of background
18 checks be borne by certain parties; requiring a
19 nonprofit scholarship-funding organization
20 comply with antidiscrimination provisions of 42
21 U.S.C. s. 2000d; prohibiting an owner or a
22 nonprofit scholarship-funding organization from
23 owning, operating, or administering an eligible
24 private school under the scholarship program;
25 requiring a nonprofit scholarship-funding
26 organization to report any private school not
27 in compliance with scholarship program
28 requirements to the Department of Education;
29 prohibiting provision of scholarship funds to a
30 student to attend a private school not in
31 compliance; authorizing a parent to transfer
28
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SENATE AMENDMENT
Bill No. CS for CS for SB 2882
Amendment No. ___ Barcode 360654
1 the scholarship; requiring award of
2 scholarships on a first-come, first-served
3 basis; prohibiting a nonprofit
4 scholarship-funding organization from targeting
5 certain students for scholarships; prohibiting
6 the award of scholarships to a child of an
7 owner of a nonprofit scholarship-funding
8 organization; prohibiting the transfer of an
9 eligible contribution between nonprofit
10 scholarship-funding organizations; prohibiting
11 a nonprofit scholarship-funding organization
12 from securing financing in anticipation of
13 eligible contributions; prohibiting a nonprofit
14 scholarship-funding organization from
15 participating in the program if the
16 organization fails to meet statutory
17 obligations; requiring students to meet certain
18 attendance policies; requiring parents to meet
19 certain parental involvement requirements
20 unless excused; prohibiting a parent from
21 authorizing a power of attorney for endorsement
22 of scholarship warrant; requiring a parent to
23 ensure that a scholarship student participates
24 in testing requirements; prohibiting a student
25 or parent of a student from participating in
26 the scholarship program if the student or
27 parent fails to meet statutory obligations;
28 revising provisions with respect to private
29 schools; revising requirements that a
30 participating private school demonstrate fiscal
31 soundness; requiring a surety bond; providing
29
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SENATE AMENDMENT
Bill No. CS for CS for SB 2882
Amendment No. ___ Barcode 360654
1 an exception; requiring a private school to
2 employ or contract with teachers who have
3 regular and direct contact with students at the
4 school's physical location; requiring the
5 private schools to employ or contract with
6 teachers who have at least a baccalaureate
7 degree, 3 years of teaching experience at a
8 public or private school, or other skills that
9 qualify the teacher to provide appropriate
10 instruction; requiring a private school to
11 report to the Department of Education the
12 qualifications of teachers; requiring a private
13 school to annually register with the Department
14 of Education and provide certain information
15 concerning the private school organization,
16 student list, and notice of intent to
17 participate in the scholarship program;
18 requiring certain individuals to undergo level
19 2 background screening requirements pursuant to
20 s. 435.04, F.S.; providing for the Department
21 of Law Enforcement to retain and search
22 fingerprint records; providing for an annual
23 fee as provided by rule of the Department of
24 Law Enforcement; requiring costs of background
25 checks be borne by certain parties; requiring a
26 private school to administer or to make
27 provision for administering certain tests to
28 scholarship students; requiring reporting of
29 scores to the student's parent and to the
30 independent private research organization
31 selected by the Department of Education;
30
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SENATE AMENDMENT
Bill No. CS for CS for SB 2882
Amendment No. ___ Barcode 360654
1 requiring a private school to file an
2 affidavit; requiring a private school to notify
3 the Department of Education in writing within 7
4 days if a student is ineligible to participate
5 in the scholarship program; requiring a private
6 school to report to the Department of Education
7 and distribute to scholarship applicants
8 information concerning accreditation and years
9 in existence; requiring the Department of
10 Education to make certain information
11 concerning private school accreditation
12 available to the public; prohibiting a private
13 school from participating in the scholarship
14 program if the private school fails to meet its
15 statutory obligations; requiring the Department
16 of Education to determine the eligibility of
17 certain nonprofit scholarship-funding
18 organizations within 90 days after application;
19 requiring a written notice with specific
20 reasons for approval or denial; requiring the
21 Department of Education to annually determine
22 the eligibility of nonprofit
23 scholarship-funding organizations and private
24 schools; requiring the Department of Education
25 to make accessible to the public a list of
26 eligible private schools; requiring the
27 Department of Education to annually verify the
28 eligibility of students; requiring the
29 Department of Education to maintain a student
30 database of program participants and to update
31 the database at least quarterly; requiring the
31
10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT
Bill No. CS for CS for SB 2882
Amendment No. ___ Barcode 360654
1 Department of Education to notify a nonprofit
2 scholarship-funding organization of any
3 ineligible student; requiring the Department of
4 Education to annually account for and verify
5 the eligibility of program expenditures;
6 requiring the Department of Education to review
7 audits; requiring the Department of Education
8 to select an independent private research
9 organization for reporting of student scores;
10 providing limitations on reporting; requiring
11 the Department of Education to revoke the
12 eligibility of program participants for failure
13 to comply with statutory obligations; requiring
14 the Department of Education to annually report
15 on accountability activities; requiring the
16 State Board of Education to adopt rules
17 regarding identification of documentation to
18 establish eligibility of nonprofit
19 scholarship-funding organizations, requiring an
20 affidavit, and identification of independent
21 income verification for determining the
22 eligibility of students; authorizing the State
23 Board of Education to delegate its authority to
24 the Commissioner of Education with the
25 exception of rulemaking authority; providing an
26 effective
27
28
29
30
31
32
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