HB 1441

1	A bill to be entitled
2	An act relating to scholarship programs; amending s.
3	1002.39, F.S., relating to the John M. McKay Scholarships
4	for Students with Disabilities Program; revising the
5	definition of an eligible student; revising the
6	eligibility requirements of the program; extending the
7	term of the scholarship; prohibiting certain students from
8	receiving a scholarship; revising the parental
9	notification requirements; authorizing certain scholarship
10	students to participate in a distance learning or
11	correspondence course or a private tutoring program under
12	certain circumstances; providing a definition of timely
13	parental notification; providing requirements for district
14	school boards with respect to completing and making
15	changes to the matrix of services for scholarship
16	students; requiring school districts to provide parental
17	notification related to reassessments; revising
18	requirements that a participating private school
19	demonstrate fiscal soundness; requiring a surety bond;
20	providing an exception; requiring annual registration of
21	private schools; providing requirements for documentation
22	and notice; providing additional requirements for
23	participating private schools; requiring annual sworn and
24	notarized compliance statements to be filed with the
25	department; requiring specific documentation for
26	participating scholarship students; requiring that the
27	private school maintain a physical location in this state;
28	requiring that information be made available to potential
29	scholarship students and the department; requiring
30	scholarship students to participate in assessments;
31	requiring notification to parents regarding student skill
32	levels; requiring notification to the department regarding
33	changes in information; requiring notification to local
34	health departments; requiring certain individuals to
35	undergo level 2 background screening requirements pursuant
36	to s. 435.04, F.S.; providing for the Department of Law
37	Enforcement to retain and search fingerprint records;
38	providing for an annual fee as provided by rule of the
39	Department of Law Enforcement; requiring that costs of
40	background checks to be borne by certain parties;
41	prohibiting a private school from acting as an attorney in
42	fact for the parent of a scholarship student or endorsing
43	scholarship warrants on behalf of a parent; prohibiting
44	participating private schools from sending or directing
45	scholarship funds to parents of a scholarship student who
46	receives instruction at home; prohibiting a participating
47	school from being a private tutoring program or a
48	correspondence or distance learning school; prohibiting a
49	participating school from accepting students pending
50	verification of information; authorizing a participating
51	private school to request, and the department to grant,
52	closed-enrollment status for a school; prohibiting the
53	parent of a scholarship student from designating a
54	participating private school as the parent's attorney in
55	fact to sign a scholarship warrant; clarifying that the
56	school district must report to the department the students
57	who are attending a private school under the program;
58	establishing additional obligations of the Department of
59	Education; requiring the department to review, approve,
60	and verify information and review background checks;
61	requiring the department to determine the eligibility of a
62	private school to participate in the program; requiring
63	the department to publish an on-line list of current
64	eligible private schools; requiring the department to deny
65	or refuse to allow the participation of a private school
66	for failing to meet certain requirements; requiring the
67	department to issue a notice of noncompliance for minor
68	violations; providing for an emergency order revoking the
69	registration of a private school for failing to satisfy
70	the requirements in the notice; requiring the Department
71	of Education to immediately revoke the registration of a
72	private school for certain other violations; requiring the
73	department to revoke the scholarship for a participant for
74	failing to comply with statutory requirements or for
75	engaging in specified practices; requiring the department
76	to conduct investigations of legally sufficient complaints
77	of violations; authorizing the department to require
78	supporting information or documentation; authorizing the
79	Department of Education to change the matrix of services
80	under certain circumstances; providing for audits by the
81	Auditor General; providing requirements for the audits;
82	requiring the State Board of Education to adopt rules;
83	specifying the required rules; requiring the State Board
84	of Education to initiate the adoption of rules by a time
85	certain and report to the Legislature; providing
86	exceptions for certain participating private schools
87	subject to specific conditions; amending s. 220.187, F.S.,
88	relating to the Corporate Tax Credit Scholarship Program;
89	providing a short title; providing definitions;
90	prohibiting certain private schools and other entities
91	from participating in the scholarship program; prohibiting
92	certain students from participating in the scholarship
93	program; revising limitations on the allocation of annual
94	credits granted under the program; providing limitations
95	on eligible contributions; requiring the Auditor General
96	to review certain audits, request certain information, and
97	report to the Legislative Auditing Committee any findings
98	of noncompliance; authorizing the Legislative Auditing
99	Committee to conduct hearings and compel the Department of
100	Education to revoke eligibility of certain nonprofit
101	scholarship-funding organizations; providing for audit
102	reports to be submitted to the Department of Education;
103	requiring audits be conducted within 180 days after
104	completion of the nonprofit scholarship-funding
105	organization's fiscal year; requiring a nonprofit
106	scholarship-funding organization to make scholarship
107	payments at least on a quarterly basis; prohibiting
108	commingling of certain scholarship funds; requiring a
109	nonprofit scholarship-funding organization to maintain a
110	separate account for scholarship funds; requiring a
111	nonprofit scholarship-funding organization to verify
112	student attendance at a private school prior to submission
113	of scholarship funds; requiring a nonprofit scholarship-
114	funding organization to verify income eligibility of
115	qualified students at least once a year in accordance with
116	State Board of Education rules; requiring a nonprofit
117	scholarship-funding organization to submit certain reports
118	to the Department of Education; requiring certain
119	individuals to undergo level 2 background screening
120	requirements pursuant to s. 435.04, F.S.; providing for
121	the Department of Law Enforcement to retain and search
122	fingerprint records; providing for an annual fee as
123	provided by rule of the Department of Law Enforcement;
124	requiring costs of background checks be borne by certain
125	parties; prohibiting certain eligible nonprofit
126	scholarship-funding organizations the owners of which have
127	filed for bankruptcy from participating in the program;
128	requiring a nonprofit scholarship-funding organization
129	comply with antidiscrimination provisions of 42 U.S.C. s.
130	2000d; prohibiting an owner or a nonprofit scholarship-
131	funding organization from owning, operating, or
132	administering an eligible private school under the
133	scholarship program; requiring a nonprofit scholarship-
134	funding organization to report any private school not in
135	compliance with scholarship program requirements to the
136	Department of Education; prohibiting provision of
137	scholarship funds to a student to attend a private school
138	not in compliance; authorizing a parent to transfer the
139	scholarship; requiring award of scholarships on a first-
140	come, first-served basis; prohibiting a nonprofit
141	scholarship-funding organization from targeting certain
142	students for scholarships; prohibiting the award of
143	scholarships to a child of an owner of a nonprofit
144	scholarship-funding organization; prohibiting the transfer
145	of an eligible contribution between nonprofit scholarship-
146	funding organizations; prohibiting a nonprofit
147	scholarship-funding organization from securing financing
148	in anticipation of eligible contributions; prohibiting a
149	nonprofit scholarship-funding organization from
150	participating in the program if the organization fails to
151	meet statutory obligations; requiring students to meet
152	certain attendance policies; requiring parents to meet
153	certain parental involvement requirements unless excused;
154	prohibiting a parent from authorizing a power of attorney
155	for endorsement of scholarship warrant; requiring a parent
156	to ensure that a scholarship student participates in
157	testing requirements; prohibiting a student or parent of a
158	student from participating in the scholarship program if
159	the student or parent fails to meet statutory obligations;
160	revising provisions with respect to private schools;
161	revising requirements that a participating private school
162	demonstrate fiscal soundness; requiring a surety bond;
163	providing an exception; requiring a private school to
164	employ or contract with teachers who have regular and
165	direct contact with students at the school's physical
166	location; requiring the private schools to employ or
167	contract with teachers who have at least a baccalaureate
168	degree or 3 years of teaching experience at a public or
169	private school, and other skills that qualify the teacher
170	to provide appropriate instruction; requiring a private
171	school to report to the Department of Education the
172	qualifications of teachers; requiring a private school to
173	annually register with the Department of Education and
174	provide certain information concerning the private school
175	organization, student list, and notice of intent to
176	participate in the scholarship program; requiring certain
177	individuals to undergo level 2 background screening
178	requirements pursuant to s. 435.04, F.S.; providing for
179	the Department of Law Enforcement to retain and search
180	fingerprint records; providing for an annual fee as
181	provided by rule of the Department of Law Enforcement;
182	requiring costs of background checks be borne by certain
183	parties; requiring a private school to administer or to
184	make provision for administering certain tests to
185	scholarship students; requiring reporting of scores to the
186	student's parent and to the Department of Education;
187	requiring a private school to file an affidavit; requiring
188	a private school to notify the Department of Education in
189	writing within 7 days if a student is ineligible to
190	participate in the scholarship program; requiring a
191	private school to report to the Department of Education
192	and distribute to scholarship applicants information
193	concerning accreditation and years in existence; requiring
194	the Department of Education to make certain information
195	concerning private school accreditation available to the
196	public; prohibiting a private school from participating in
197	the scholarship program if the private school fails to
198	meet its statutory obligations; requiring the Department
199	of Education to determine the eligibility of certain
200	nonprofit scholarship-funding organizations within 90 days
201	after application; requiring a written notice with
202	specific reasons for approval or denial; requiring the
203	Department of Education to annually determine the
204	eligibility of nonprofit scholarship-funding organizations
205	and private schools; requiring the Department of Education
206	to make accessible to the public a list of eligible
207	private schools; requiring the Department of Education to
208	annually verify the eligibility of students; requiring the
209	Department of Education to maintain a student database of
210	program participants and to update the database at least
211	quarterly; requiring the Department of Education to notify
212	a nonprofit scholarship-funding organization of any
213	ineligible student; requiring the Department of Education
214	to annually account for and verify the eligibility of
215	program expenditures; requiring the Department of
216	Education to review audits; requiring the Department of
217	Education to report student performance data; providing
218	limitations on reporting; requiring the Department of
219	Education to revoke the eligibility of program
220	participants for failure to comply with statutory
221	obligations; requiring the Department of Education to
222	conduct investigations of certain complaints; requiring
223	the Department of Education to annually report on
224	accountability activities; requiring the State Board of
225	Education to adopt rules regarding documentation to
226	establish eligibility of nonprofit scholarship-funding
227	organizations, requiring an affidavit, and requiring
228	independent income verification for determining the
229	eligibility of students; authorizing the State Board of
230	Education to delegate its authority to the Commissioner of
231	Education with the exception of rulemaking authority;
232	providing an effective date.
233
234	Be It Enacted by the Legislature of the State of Florida:
235
236	Section 1.  Subsections (1), (2), (3), (4), and (5) and
237	paragraphs (d) and (e) of subsection (6) of section 1002.39,
238	Florida Statutes, are amended, present subsections (7) and (8)
239	of that section are redesignated as subsections (9) and (10),
240	respectively, and amended, and new subsections (7) and (8) are
241	added to that section, to read:
242	1002.39  The John M. McKay Scholarships for Students with
243	Disabilities Program.--There is established a program that is
244	separate and distinct from the Opportunity Scholarship Program
245	and is named the John M. McKay Scholarships for Students with
246	Disabilities Program, pursuant to this section.
247	(1)  THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH
248	DISABILITIES PROGRAM.--The John M. McKay Scholarships for
249	Students with Disabilities Program is established to provide the
250	option to attend a public school other than the one to which
251	assigned, or to provide a scholarship to a private school of
252	choice, for students with disabilities for whom an individual
253	education plan has been written in accordance with rules of the
254	State Board of Education. Students with disabilities include K-
255	12 students who are documented as having mental retardation; a
256	speech or language impairment; a hearing impairment, including
257	deafness; a visual impairment, including blindness; a dual
258	sensory impairment; a physical impairment; a serious emotional
259	disturbance, including an emotional handicap; a specific
260	learning disability, including, but not limited to, dyslexia,
261	dyscalculia, or developmental aphasia; a traumatic brain injury;
262	or autism mentally handicapped, speech and language impaired,
263	deaf or hard of hearing, visually impaired, dual sensory
264	impaired, physically impaired, emotionally handicapped, specific
265	learning disabled, hospitalized or homebound, or autistic.
266	(2)  SCHOLARSHIP ELIGIBILITY; PROHIBITIONS.--
267	(a)  The parent of a public school student with a
268	disability who is dissatisfied with the student's progress may
269	request and receive from the state a John M. McKay Scholarship
270	for the child to enroll in and attend a private school in
271	accordance with this section if:
272	1.(a)  By assigned school attendance area or by special
273	assignment, the student has spent the prior school year in
274	attendance at a Florida public school. Prior school year in
275	attendance means that the student was enrolled and reported by a
276	school district for funding during the preceding October and
277	February Florida Education Finance Program surveys in
278	kindergarten through grade 12. Prior school year in attendance
279	does not include the period of time that the student was
280	enrolled in a school operating for the purposes of providing
281	educational services to youth in a commitment program of the
282	Department of Juvenile Justice. However, this subparagraph
283	paragraph does not apply to a dependent child of a member of the
284	United States Armed Forces who transfers to a school in this
285	state from out of state or from a foreign country pursuant to a
286	parent's permanent change of station orders. A dependent child
287	of a member of the United States Armed Forces who transfers to a
288	school in this state from out of state or from a foreign country
289	pursuant to a parent's permanent change of station orders must
290	meet all other eligibility requirements to participate in the
291	program.
292	2.(b)  The parent has obtained acceptance for admission of
293	the student to a private school that is eligible for the program
294	under subsection (4) and has notified the Department of
295	Education school district of the request for a scholarship at
296	least 60 days prior to the date of the first scholarship
297	payment. The parental notification must be through a
298	communication directly to the district or through the Department
299	of Education to the district in a manner that creates a written
300	or electronic record of the notification and the date of receipt
301	of the notification. The Department of Education must notify the
302	district of the parent's intent, upon receipt of the parent's
303	notification.
304
305	This section does not apply to a student who is enrolled in a
306	school operating for the purpose of providing educational
307	services to youth in Department of Juvenile Justice commitment
308	programs. For purposes of continuity of educational choice, the
309	scholarship shall remain in force until the student returns to a
310	public school or graduates from high school or reaches the age
311	of 22, whichever occurs first. However, at any time, the
312	student's parent may remove the student from the private school
313	and place the student in another private school that is eligible
314	for the program under subsection (4) or in a public school as
315	provided in subsection (3).
316	(b)  A student is not eligible to receive a scholarship
317	under this section if he or she:
318	1.  Receives a scholarship from an eligible scholarship-
319	funding organization under s. 220.187.
320	2.  Receives an opportunity scholarship under s. 1002.38.
321	3.  Participates in a home education program as defined in
322	s. 1002.01(1).
323	4.  Receives instruction from a correspondence school or a
324	private tutoring program as described in s. 1002.43, or
325	participates in distance learning courses.
326	5.  Does not have regular and direct contact with his or
327	her private school teachers at the school's physical location.
328	6.  Is enrolled in a school operating for the purpose of
329	providing educational services to youth in commitment programs
330	of the Department of Juvenile Justice.
331
332	Notwithstanding the prohibition set forth in subparagraph 4., a
333	student who receives a John M. McKay Scholarship may participate
334	in a distance learning course, a private tutoring program, or a
335	course offered by a correspondence school, the tuition and other
336	costs of which are not paid by scholarship funds provided under
337	this section.
338	(3)  SCHOOL DISTRICT AND DEPARTMENT OF EDUCATION
339	OBLIGATIONS.--
340	(a)  The Department of Education A school district shall
341	timely notify the parent of each public school the student of
342	all options available pursuant to this section and offer that
343	student's parent an opportunity to enroll the student in another
344	public school within the district. The parent is not required to
345	accept this offer in lieu of requesting a John M. McKay
346	Scholarship to a private school. However, if the parent chooses
347	the public school option, the student may continue attending a
348	public school chosen by the parent until the student graduates
349	from high school. If the parent chooses a public school
350	consistent with the district school board's choice plan under s.
351	1002.31, the school district shall provide transportation to the
352	public school selected by the parent. The parent is responsible
353	to provide transportation to a public school chosen that is not
354	consistent with the district school board's choice plan under s.
355	1002.31. For purposes of this paragraph, timely notification
356	means notification no later than April 1 of each school year.
357	(b)1.  For a student with disabilities who does not have a
358	matrix of services under s. 1011.62(1)(e), the school district
359	must complete a matrix that assigns the student to one of the
360	levels of service as they existed prior to the 2000-2001 school
361	year.
362	2.a.  The school district must complete the matrix of
363	services for any student who is participating in the John M.
364	McKay Scholarships for Students with Disabilities Program and
365	must notify the Department of Education of the student's matrix
366	level within 30 days after receiving notification by the
367	Department of Education of the parent's the student's parent of
368	intent to participate in the scholarship program. The nature and
369	intensity of the services indicated in the matrix must be
370	consistent with the services described in the student's
371	individual education plan.
372	b.  A school district may change a matrix of services only
373	if the change is to:
374	(I)  Correct a technical, typographical, or calculation
375	error; or
376	(II)  Align the matrix of services with the student's
377	individual education plan completed by the public school
378	district for use in the public school prior to the student
379	enrolling in or attending a private school.
380	3.  The Department of Education shall notify the private
381	school of the amount of the scholarship within 10 days after
382	receiving the school district's notification of the student's
383	matrix level.
384	4.  Within 10 school days after it receives notification of
385	a parent's intent to apply for a McKay Scholarship, a district
386	school board must notify the student's parent if the matrix has
387	not been completed and provide the parent with the date for
388	completion of the matrix required in this paragraph.
389	(c)  If the parent chooses the private school option and
390	the student is accepted by the private school pending the
391	availability of a space for the student, the parent of the
392	student must notify the Department of Education school district
393	60 days prior to the first scholarship payment and before
394	entering the private school in order to be eligible for the
395	scholarship when a space becomes available for the student in
396	the private school.
397	(d)  The parent of a student may choose, as an alternative,
398	to enroll the student in and transport the student to a public
399	school in an adjacent school district which has available space
400	and has a program with the services agreed to in the student's
401	individual education plan already in place, and that school
402	district shall accept the student and report the student to the
403	Department of Education for purposes of the district's funding
404	pursuant to the Florida Education Finance Program.
405	(e)  For a student in the district who participates in the
406	John M. McKay Scholarships for Students with Disabilities
407	Program whose parent requests that the student take the
408	statewide assessments under s. 1008.22, the district shall
409	provide locations and times to take all statewide assessments.
410	(f)  A school district must notify The Department of
411	Education must notify the school district upon receipt of the
412	within 10 days after it receives notification of a parent's
413	intent to apply for a scholarship for a student with a
414	disability. A school district must provide the student's parent
415	with the student's matrix level within 10 school days after its
416	completion.
417	(g)  A school district shall, at least every 3 years,
418	provide notification to parents of the availability of a
419	reassessment of each student who receives a McKay Scholarship.
420	(4)  PRIVATE SCHOOL ELIGIBILITY; REGISTRATION;
421	PROHIBITIONS.--
422	(a)  To be eligible to participate in the John M. McKay
423	Scholarships for Students with Disabilities Program, a private
424	school must be a Florida private school as defined in s.
425	1002.01(2), may be sectarian or nonsectarian, and must:
426	1.(a)  Demonstrate fiscal soundness by filing with being in
427	operation for 1 school year or provide the Department of
428	Education with a surety bond for the amount equal to the
429	scholarship amount for each quarter of the school year. The
430	purpose of the surety bond is to secure expenditures of
431	scholarship funds if such funds are found to have been used for
432	unlawful purposes. The surety bond must be filed at the time of
433	the private school's initial registration and at each renewal
434	period thereafter for a total of 3 consecutive years. This
435	requirement does not apply to an eligible private school that:
436	a.  Participates in the program for a total of 3
437	consecutive years or longer; and
438	b.  Has had no action taken by the Department of Education
439	against the private school for any violation of this section for
440	3 consecutive years or longer.
441
442	However, any private school that was subject to an action taken
443	by the department for any violation of this section shall,
444	following the date on which the action was taken against the
445	private school for a violation of this section, but prior to
446	receiving the next quarterly payment and for 2 years thereafter,
447	file a surety bond with the department.
448	2.  Annually register with the Department of Education.
449	Each owner or administrator of a private school must provide the
450	following information:
451	a.  The legal business and trade name, mailing address, and
452	business location of the private school;
453	b.  The full name, address, and telephone number of each
454	owner or administrator of the private school; and
455	c.  A notification of the private school's intent to
456	participate in the program under this section. The notice must
457	specify the grade levels and services that the private school
458	has available for students with disabilities who are
459	participating in the scholarship program. statement by a
460	certified public accountant confirming that the private school
461	desiring to participate is insured and the owner or owners have
462	sufficient capital or credit to operate the school for the
463	upcoming year serving the number of students anticipated with
464	expected revenues from tuition and other sources that may be
465	reasonably expected. In lieu of such a statement, a surety bond
466	or letter of credit for the amount equal to the scholarship
467	funds for any quarter may be filed with the department.
468	(b)  Notify the Department of Education of its intent to
469	participate in the program under this section. The notice must
470	specify the grade levels and services that the private school
471	has available for students with disabilities who are
472	participating in the scholarship program.
473	3.(c)  Comply with the antidiscrimination provisions of 42
474	U.S.C. s. 2000d.
475	4.(d)  Meet state and local health and safety laws and
476	codes.
477	5.(e)  Be academically accountable to the parent for
478	meeting the educational needs of the student.
479	6.(f)  Employ or contract with teachers who hold
480	baccalaureate or higher degrees, or have at least 3 years of
481	teaching experience in public or private schools, or have
482	special skills, knowledge, or expertise that qualifies them to
483	provide instruction in subjects taught.
484	7.(g)  Comply with all state laws relating to general
485	regulation of private schools, including, but not limited to, s.
486	1002.42.
487	8.(h)  Publish and adhere to the tenets of its adopted
488	published disciplinary procedures prior to the expulsion of a
489	scholarship student.
490	9.  Provide the Department of Education with all
491	documentation required for each scholarship student's
492	participation in the scholarship program, including, but not
493	limited to:
494	a.  The private school's fee schedule, including, but not
495	limited to, fees for services, tuition, and instructional
496	materials, and each individual scholarship student's schedule of
497	fees and charges, at least 30 days before the first quarterly
498	scholarship payment is made for the student; and
499	b.  The enrollment and attendance information, including an
500	on-line attendance verification form, for each scholarship
501	student at the private school, prior to each scholarship
502	payment.
503
504	The on-line attendance form must be documented each quarter by a
505	notarized statement that is signed by the private school and the
506	parents of each McKay Scholarship student in attendance at the
507	private school. The private school must maintain the completed
508	notarized statements at the private school for each academic
509	year. The completed notarized statements must be open to the
510	Department of Education upon request.
511	10.  Maintain in this state a physical location where a
512	scholarship student regularly attends classes.
513	11.a.  Advertise or notify potential McKay Scholarship
514	students and parents of the specific types of disabilities
515	served by the school, and provide this information to the
516	Department of Education.
517	b.  Review with the parent the student's individual
518	education plan.
519	12.  Require each McKay Scholarship student to participate
520	at least annually in a student assessment which, as determined
521	by the private school in consultation with the student's parent
522	or guardian, will demonstrate the student's skill level to the
523	student's parents.
524	13.  Notify the student's parent at least annually about
525	the student's skill level on a student assessment that is
526	determined by the private school.
527	14.  Notify the Department of Education of any change in
528	the school's registered name or location prior to any such
529	change and notify the Department of Education within 15 days
530	after any other change in the registration information submitted
531	to the department.
532	15.  Notify each local health department within 15 days
533	after establishing operations at a physical location or address
534	and within 3 days after discovering any ongoing health code
535	violation that has not yet been remedied in full.
536	16.  Annually complete and file with the Department of
537	Education a sworn and notarized compliance statement in a form
538	and by a deadline specified in rules adopted by the State Board
539	of Education.
540	(b)  A private school participating in the John M. McKay
541	Scholarships for Students with Disabilities Program must ensure
542	that all personnel who are hired or contracted to provide
543	services to fill positions requiring direct contact with
544	students in the private school, and all owners of a private
545	school, shall, upon employment, engagement to provide services,
546	or assumption of a position of ownership, a position of
547	decisionmaking authority, or a position having access to
548	scholarship funds, undergo background screening pursuant to s.
549	435.04 by filing with the Department of Education a complete set
550	of fingerprints taken by an authorized law enforcement agency or
551	an employee of the private school who is trained to take
552	fingerprints. These fingerprints must be submitted to the
553	Department of Law Enforcement for state processing, which shall
554	in turn submit the fingerprints to the Federal Bureau of
555	Investigation for federal processing. The Department of
556	Education shall screen the background results and report to the
557	private school any person described in this paragraph who fails
558	to meet level 2 screening standards pursuant to s. 435.04 or any
559	person described in this paragraph who has been convicted of a
560	crime involving moral turpitude. Any person described in this
561	paragraph who is found through fingerprint processing to have
562	been convicted of a crime involving moral turpitude or fails to
563	meet level 2 screening standards pursuant to s. 435.04 may not
564	be employed or engaged to provide services in any position in
565	the private school requiring direct contact with students and
566	may not assume an ownership position, a position of
567	decisionmaking authority, or a position having access to
568	scholarship funds. The cost of the background screening may be
569	borne by the private school, the employee, the person engaged to
570	provide services, or the owner.
571	1.  Every 5 years each person described in this paragraph
572	must meet level 2 screening requirements as described in s.
573	435.04, at which time the Department of Education shall request
574	the Department of Law Enforcement to forward the fingerprints to
575	the Federal Bureau of Investigation for level 2 screening. If
576	the fingerprints of a person described in this paragraph are not
577	retained by the Department of Law Enforcement under subparagraph
578	2., the person must file a complete set of fingerprints with the
579	Department of Education. Upon submission of fingerprints for
580	this purpose, the Department of Education shall request that the
581	Department of Law Enforcement forward the fingerprints to the
582	Federal Bureau of Investigation for level 2 screening, and the
583	fingerprints must be retained by the Department of Law
584	Enforcement under subparagraph 2. The cost of the state and
585	federal criminal history check required by level 2 screening may
586	be borne by the private school, the employee, the person engaged
587	to provide services, or the owner. Under penalty of perjury,
588	each person described in this paragraph must agree to inform the
589	private school immediately if convicted of any disqualifying
590	offense while in a capacity with the private school as described
591	in this paragraph.
592	2.  All fingerprints submitted to the Department of Law
593	Enforcement as required by this paragraph shall be retained by
594	the Department of Law Enforcement in a manner provided by rule
595	and entered in the statewide automated fingerprint
596	identification system authorized by s. 943.05(2)(b). Such
597	fingerprints shall thereafter be available for all purposes and
598	uses authorized for arrest fingerprint cards entered in the
599	statewide automated fingerprint identification system under s.
600	943.051.
601	3.  The Department of Law Enforcement shall search all
602	arrest fingerprint cards received under s. 943.051 against the
603	fingerprints retained in the statewide automated fingerprint
604	identification system under subparagraph 2. Any arrest record
605	that is identified with the fingerprints of a person described
606	in this paragraph must be reported to the Department of
607	Education. Each eligible private school shall participate in
608	this search process by paying an annual fee to the Department of
609	Law Enforcement and by informing the Department of Law
610	Enforcement of any change in the status or place of employment
611	or engagement of services of its personnel as described in this
612	paragraph whose fingerprints are retained under subparagraph 2.
613	The Department of Law Enforcement shall adopt a rule setting the
614	amount of the annual fee to be imposed upon each private school
615	for performing these searches and establishing the procedures
616	for the retention of private school personnel fingerprints and
617	the dissemination of search results. The fee may be borne by the
618	private school, the employee, the person engaged to provide
619	services, or the owner.
620	4.  If it is found that a person described in this
621	paragraph does not meet the level 2 requirements, the eligible
622	private school shall be immediately suspended from participating
623	in the program and shall remain suspended until final resolution
624	of any appeals. An eligible private school that employs or
625	engages to provide services with a person described in this
626	paragraph who fails to meet level 2 screening standards or has
627	been convicted of a crime involving moral turpitude may not
628	participate in this program.
629	(c)  A private school participating in the John M. McKay
630	Scholarships for Students with Disabilities Program may not:
631	1.  Act as attorney in fact for parents of a scholarship
632	student under the authority of a power of attorney executed by
633	such parents, or under any other authority, to endorse
634	scholarship warrants on behalf of parents.
635	2.  Send or direct McKay Scholarship funds to parents of a
636	scholarship student who receives instruction at home.
637	3.  Be a correspondence school or distance learning school.
638	4.  Operate as a private tutoring program as defined in s.
639	1002.43.
640	5.  Accept a McKay Scholarship student until the sworn and
641	notarized compliance statement has been completed, submitted to,
642	and independently verified by the Department of Education.
643	(d)  A participating private school may request that the
644	school be listed by the Department of Education with a closed-
645	enrollment status in the McKay Scholarship program if the school
646	is no longer accepting new students with McKay Scholarships. As
647	used in this paragraph, the term "closed-enrollment status"
648	means that the private school is no longer accepting any new
649	student with a McKay Scholarship. However, the private school is
650	subject to all the requirements under this section and all
651	applicable rules adopted by the State Board of Education if the
652	private school is serving a student with a McKay Scholarship.
653	The private school must provide a written request for closed-
654	enrollment status to the Department of Education. The Department
655	of Education may grant closed-enrollment status to a
656	participating private school. However, closed-enrollment status
657	may not be granted for longer than 1 school year.
658	(5)  OBLIGATION OF PROGRAM PARTICIPANTS.--
659	(a)  A parent who applies for a John M. McKay Scholarship
660	is exercising his or her parental option to place his or her
661	child in a private school. The parent must select the private
662	school and apply for the admission of his or her child.
663	(b)  The parent must have requested the scholarship at
664	least 60 days prior to the date of the first scholarship
665	payment.
666	(c)  Any student participating in the scholarship program
667	must remain in attendance throughout the school year, unless
668	excused by the school for illness or other good cause, and must
669	comply fully with the school's code of conduct.
670	(d)  The parent of each student participating in the
671	scholarship program must comply fully with the private school's
672	parental involvement requirements, unless excused by the school
673	for illness or other good cause.
674	(e)  If the parent requests that the student participating
675	in the scholarship program take all statewide assessments
676	required pursuant to s. 1008.22, the parent is responsible for
677	transporting the student to the assessment site designated by
678	the school district.
679	(f)  Upon receipt of a scholarship warrant, the parent to
680	whom the warrant is made must restrictively endorse the warrant
681	to the private school for deposit into the account of the
682	private school.
683	(g)  The parent of a student participating in the
684	scholarship program may not designate any participating private
685	school as the parent's attorney in fact to sign a scholarship
686	warrant.
687	(h)(g)  A participant who fails to comply with this
688	subsection forfeits the scholarship.
689	(6)  SCHOLARSHIP FUNDING AND PAYMENT.--
690	(d)  The school district shall report to the Department of
691	Education all students who are attending a private school under
692	this program. The students with disabilities attending private
693	schools on John M. McKay Scholarships shall be reported
694	separately from other students reported for purposes of the
695	Florida Education Finance Program.
696	(e)  Following notification on July 1, September 1,
697	December 1, or February 1 of the number of program participants,
698	the Department of Education shall transfer, from General Revenue
699	funds only, the amount calculated under paragraph (b) from the
700	school district's total funding entitlement under the Florida
701	Education Finance Program and from authorized categorical
702	accounts to a separate account for the scholarship program for
703	quarterly disbursement to the parents of participating students.
704	When a student enters the scholarship program, the Department of
705	Education must receive all documentation required for the
706	student's participation, including, but not limited to, the
707	private school's and student's fee schedules, at least 30 days
708	before the first quarterly scholarship payment is made for the
709	student. The Department of Education may not make any
710	retroactive payments.
711	(7)  OBLIGATIONS OF THE DEPARTMENT OF EDUCATION.--
712	(a)  The Department of Education shall perform the
713	following duties:
714	1.  Review for compliance all documentation required for
715	each scholarship student's participation, including, without
716	limitation, the private school's schedule and the student's fee
717	schedule.
718	2.  Verify the admission acceptance of each scholarship
719	student to an eligible private school prior to the initial
720	scholarship payment.
721	3.  Verify, prior to each scholarship payment, the
722	enrollment and attendance of each scholarship student at the
723	private school and that the scholarship student is not:
724	a.  Receiving a scholarship under s. 220.187 or s. 1002.38.
725	b.  Participating in a home education program as defined in
726	s. 1002.01(1).
727	c.  Participating in instruction delivered by a
728	correspondence school, private tutoring program as defined in s.
729	1002.43, or distance learning courses, except as specifically
730	permitted in paragraph (2)(b).
731	d.  Enrolled in a school operating for the purpose of
732	providing education services to youth in commitment programs of
733	the Department of Juvenile Justice.
734	e.  Currently enrolled in a public school in the state, if
735	the student has a scholarship to attend a private school.
736	4.  Administer and prescribe an annual sworn and notarized
737	compliance statement for each participating private school and
738	independently verify the information provided by each
739	participating private school.
740	5.  Review all results of the background checks performed
741	pursuant to subsection (4).
742	6.  Determine the eligibility of a private school to accept
743	McKay Scholarship students, based upon independent verification
744	that the private school meets all the requirements in this
745	section and all applicable rules adopted by the State Board of
746	Education.
747	7.  Publish a current, on-line list of eligible private
748	schools.
749	8.  Include each eligible private school on the on-line
750	list of eligible private schools within 10 days after the
751	private school is determined to be eligible to participate in
752	the McKay Scholarship program.
753	9.  Remove immediately from the on-line list of eligible
754	private schools any school that is determined by the Department
755	of Education to be an ineligible private school, as provided for
756	in paragraph (b).
757	10.  Remove immediately from the on-line list of eligible
758	private schools any school that is determined by the Department
759	of Education to be an ineligible school, as provided for in
760	paragraphs (b) and (c).
761	(b)  The Department of Education shall deny or refuse to
762	allow the participation of any private school if it determines
763	that the private school or any of its owners or administrators
764	has failed to meet the requirements for initial application or
765	renewal as provided in this section.
766	(c)  The Department of Education shall issue a notice of
767	noncompliance pursuant to s. 120.695 to any participating
768	private school that violates any of the provisions of this
769	section or the rules of the State Board of Education, if the
770	violation is a minor violation as defined in s. 120.695. If a
771	private school fails to satisfy the requirements specified in
772	the notice of noncompliance within 30 days after its receipt by
773	the school, the Department of Education shall issue an emergency
774	order revoking the registration of the participating private
775	school. The Department of Education shall issue an emergency
776	order to immediately revoke the registration of a participating
777	private school for a violation that is not a minor violation as
778	defined in s. 120.695.
779	(d)  The Department of Education shall revoke the
780	scholarship for a participant who fails to comply with the
781	requirements in subsection (5) or who:
782	1.  Receives a scholarship under s. 220.187 or s. 1002.38.
783	2.  Participates in a home education program as defined in
784	s. 1002.01(1).
785	3.  Participates in instruction delivered by a
786	correspondence school, a private tutoring program as defined in
787	s. 1002.43, or distance learning courses, except as specifically
788	permitted in paragraph (2)(b).
789	4.  Does not have regular and direct contact with the
790	student's private school teachers at the school's physical
791	location.
792	5.  Enrolls in a school operating for the purpose of
793	providing educational services to youth in commitment programs
794	of the Department of Juvenile Justice.
795	(e)  The Department of Education shall conduct an
796	investigation of any written complaint of a violation of this
797	section if the complaint is signed by the complainant and is
798	legally sufficient. A complaint is legally sufficient if it
799	contains ultimate facts that show that a violation of this
800	section or any rule adopted by the State Board of Education has
801	occurred. In order to determine legal sufficiency, the
802	Department of Education may require supporting information or
803	documentation. The Department of Education may investigate any
804	complaint, including, but not limited to, anonymous complaints.
805	(f)  The Department of Education may not change a matrix of
806	services completed by a school district. However, the department
807	may make the following changes for a matrix for a student if the
808	school district has identified the error but has failed to make
809	a correction in a timely manner:
810	1.  A correction to a technical, typographical, or
811	calculation error; or
812	2.  A change to align the matrix of services with the
813	student's individual education plan completed by the school
814	district for use in the public school prior to the student's
815	enrolling in or attending a private school.
816
817	The department must report any change made under this paragraph
818	to the school district and the parent of the student.
819	(8)  OBLIGATIONS OF THE AUDITOR GENERAL.--Notwithstanding
820	any other law to the contrary, the Auditor General must include
821	in the operational audit of the Department of Education the John
822	M. McKay Scholarships for Students with Disabilities Program.
823	The Auditor General must include in the audit a review of a
824	sample of the warrants used to pay for the scholarships, as well
825	as random site visits to private schools participating in the
826	John M. McKay Scholarships for Students with Disabilities
827	Program, in order to verify student enrollment and other
828	information reported by the private schools as required by rules
829	of the State Board of Education.
830	(9)(7)  LIABILITY.--No liability shall arise on the part of
831	the state based on the award or use of a John M. McKay
832	Scholarship.
833	(10)(8)  RULES.--The State Board of Education shall adopt
834	rules pursuant to ss. 120.536(1) and 120.54 to administer this
835	section, including rules that school districts must use to
836	expedite the development of a matrix of services based on a
837	current individual education plan from another state or a
838	foreign country for a transferring student with a disability who
839	is a dependent child of a member of the United States Armed
840	Forces. The rules must identify the appropriate school district
841	personnel who must complete the matrix of services.  For
842	purposes of these rules, a transferring student with a
843	disability is one who was previously enrolled as a student with
844	a disability in an out-of-state or an out-of-country public or
845	private school or agency program and who is transferring from
846	out of state or from a foreign country pursuant to a parent's
847	permanent change of station orders. The rules must include
848	provisions for:
849	(a)  Administering the annual sworn and notarized
850	compliance statement to all participating private schools;
851	(b)  Establishing procedures for schools to request closed-
852	enrollment and active status;
853	(c)  Establishing forms for changes to a matrix by a school
854	district and the department;
855	(d)  Implementing the requirement that a private school
856	timely notify the Department of Education of material changes to
857	the school's registration information;
858	(e)  Establishing attendance-verification procedures and
859	forms; and
860	(f)  Establishing procedures for determining student
861	eligibility and approving scholarships.
862
863	The rules related to the annual sworn and notarized compliance
864	statement shall establish a deadline for the receipt of the
865	initial sworn and notarized compliance statement from the
866	private school and shall enumerate the items to be included in
867	the statement. The rules shall enumerate the items to be
868	included in a subsequent annual sworn and notarized compliance
869	statement that is required in January of each year from the
870	private school. However, the inclusion of eligible private
871	schools within options available to Florida public school
872	students does not expand the regulatory authority of the state,
873	its officers, or any school district to impose any additional
874	regulation of private schools beyond those reasonably necessary
875	to enforce requirements expressly set forth in this section.
876	Section 2.  The State Board of Education shall initiate the
877	adoption of rules required by this act 10 days after the
878	effective date of this act. The State Board of Education shall
879	report to the presiding officers of the Legislature by December
880	1, 2005, on the status of the rulemaking required by this act.
881	Section 3.  (1)  A private school that meets the following
882	requirements on June 1, 2005, is not required to file the surety
883	bond as required in section 1002.39(4)(a)1., Florida Statutes:
884	(a)  The private school is participating in the McKay
885	Scholarship Program under section 1002.39, Florida Statutes; and
886	(b)  The private school is determined by the Department of
887	Education to be in compliance with section 1002.39, Florida
888	Statutes.
889	(2)  Notwithstanding section 1002.39(4)(b)4., Florida
890	Statutes, a private school that meets the requirements in
891	paragraphs (1)(a) and (b) may accept a McKay Scholarship
892	student.
893	(3)  Notwithstanding subsections (1) and (2), if the
894	private school becomes, after June 1, 2005, subject to an action
895	taken by the Department of Education for any violation of
896	section 1002.39, Florida Statutes, the private school:
897	(a)  Shall file a surety bond with the Department of
898	Education following the date on which the action was taken
899	against the private school for a violation of section 1002.39,
900	Florida Statutes, but prior to receiving the next quarterly
901	payment;
902	(b)  Shall file a surety bond with the Department of
903	Education for 2 additional consecutive years thereafter; and
904	(c)  May not accept new McKay Scholarship students until
905	the private school complies with all the requirements in section
906	1002.39, Florida Statutes, and all applicable rules of the State
907	Board of Education, as determined by the Department of
908	Education.
909	Section 4.  Section 220.187, Florida Statutes, is amended
910	to read:
911	220.187  Credits for contributions to nonprofit
912	scholarship-funding organizations.--
913	(1)  This section may be cited as the "Corporate
914	Scholarship Program."
915	(2)(1)  PURPOSE.--The purpose of this section is to:
916	(a)  Encourage private, voluntary contributions to
917	nonprofit scholarship-funding organizations.
918	(b)  Expand educational opportunities for children of
919	families that have limited financial resources.
920	(c)  Enable children in this state to achieve a greater
921	level of excellence in their education.
922	(3)(2)  DEFINITIONS.--As used in this section, the term:
923	(a)  "Department" means the Department of Revenue.
924	(a)(b)  "Eligible contribution" means a monetary
925	contribution from a taxpayer, subject to the restrictions
926	provided in this section, to an eligible nonprofit scholarship-
927	funding organization. The taxpayer making the contribution may
928	not designate a specific child as the beneficiary of the
929	contribution. The taxpayer may not contribute more than $5
930	million to any single eligible nonprofit scholarship-funding
931	organization.
932	(b)(c)  "Eligible private nonpublic school" means a private
933	nonpublic school, as defined in s. 1002.01(2), located in
934	Florida which that offers an education to students in any grades
935	K-12 and that meets the requirements in subsection (7)(6). An
936	eligible private school:
937	1.  Must maintain a physical location in this state where
938	each scholarship student regularly attends classes.
939	2.  May not be a correspondence school or distance learning
940	school.
941	3.  May not direct or provide scholarship funds to a parent
942	of a scholarship student who receives instruction under the
943	program at home.
944	4.  May not be a home education program as defined in s.
945	1002.01(1).
946	5.  May not be a private tutoring program as described in
947	s. 1002.43.
948	(c)(d)  "Eligible nonprofit scholarship-funding
949	organization" means a charitable organization that is exempt
950	from federal income tax pursuant to s. 501(c)(3) of the Internal
951	Revenue Code, is incorporated under laws of this state, has its
952	principal office located in the state, and that complies with
953	the provisions of subsection (5)(4).
954	(d)  "Owner" means the owner, president, chairperson of the
955	board of directors, superintendent, principal, or person with
956	equivalent decisionmaking authority who owns, operates, or
957	administers an eligible nonprofit scholarship-funding
958	organization or eligible private school. In addition, the term
959	"owner" means an individual who has access to or processes
960	scholarship funds or eligible contributions at an eligible
961	nonprofit scholarship-funding organization or eligible private
962	school.
963	(e)  "Qualified student" means a student who qualifies for
964	free or reduced-price school lunches under the National School
965	Lunch Act and who:
966	1.  Was counted as a full-time equivalent student during
967	the previous state fiscal year for purposes of state per-student
968	funding;
969	2.  Received a scholarship from an eligible nonprofit
970	scholarship-funding organization during the previous school
971	year; or
972	3.  Is eligible to enter kindergarten or first grade.
973
974	However, a student who was enrolled in a school operating for
975	the purpose of providing educational services to youth in a
976	commitment program of the Department of Juvenile Justice shall
977	not be counted as a full-time equivalent student for the
978	previous state fiscal year for purposes of state per-student
979	funding under this program. A student is not eligible to receive
980	a scholarship under this section if the student is participating
981	in the Opportunity Scholarship Program under s. 1002.38, the
982	John M. McKay Scholarships for Students with Disabilities
983	Program under s. 1002.39, or a home education program as defined
984	in s. 1002.01(1) or is enrolled in a school operating for the
985	purpose of providing educational services to youth in commitment
986	programs of the Department of Juvenile Justice. A student is not
987	eligible to receive a scholarship from more than one eligible
988	nonprofit scholarship-funding organization at the same time.
989	(4)(3)  AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX
990	CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.--
991	(a)  There is allowed a credit of 100 percent of an
992	eligible contribution against any tax due for a taxable year
993	under this chapter. However, such a credit may not exceed 75
994	percent of the tax due under this chapter for the taxable year,
995	after the application of any other allowable credits by the
996	taxpayer. However, at least 5 percent of the total statewide
997	amount authorized for the tax credit shall be reserved for
998	taxpayers who meet the definition of a small business provided
999	in s. 288.703(1) at the time of application. The credit granted
1000	by this section shall be reduced by the difference between the
1001	amount of federal corporate income tax taking into account the
1002	credit granted by this section and the amount of federal
1003	corporate income tax without application of the credit granted
1004	by this section.
1005	(b)  The total amount of tax credits and carryforward of
1006	tax credits which may be granted each state fiscal year under
1007	this section is $88 million. Effective for tax years beginning
1008	January 1, 2005, 1 percent of the total statewide amount
1009	authorized for the tax credit must be reserved for taxpayers
1010	that are small businesses as defined in s. 288.703(1) at the
1011	time of application.
1012	(c)  A taxpayer who files a Florida consolidated return as
1013	a member of an affiliated group pursuant to s. 220.131(1) may be
1014	allowed the credit on a consolidated return basis; however, the
1015	total credit taken by the affiliated group is subject to the
1016	limitation established under paragraph (a).
1017	(d)  Effective for the tax years beginning January 1, 2005,
1018	a taxpayer may rescind its application for tax credit under this
1019	section, and the amount approved in the application for tax
1020	credit shall become available for purposes of the cap for that
1021	state fiscal year under this section to an eligible taxpayer as
1022	approved by the Department of Revenue, if the taxpayer receives
1023	notice from the Department of Revenue that the rescindment
1024	application has been accepted by the Department of Revenue, the
1025	taxpayer has not previously rescinded its application for tax
1026	credit under this section more than once in the previous 3 tax
1027	years, the taxpayer rescinds prior to the end of the taxpayer's
1028	tax year, and the taxpayer has not made a contribution pursuant
1029	to its approved application for tax credit under this section.
1030	Any amount rescinded under this paragraph shall become available
1031	to an eligible taxpayer on a first-come, first-served basis
1032	based on tax credit applications received after the date the
1033	rescindment is accepted by the Department of Revenue.
1034	(5)(4)  OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-
1035	FUNDING ORGANIZATIONS.--
1036	(a)  An eligible nonprofit scholarship-funding organization
1037	shall provide scholarships, from eligible contributions, to
1038	qualified students for:
1039	1.  Tuition or textbook expenses for, or transportation to,
1040	an eligible private nonpublic school. At least 75 percent of
1041	each the scholarship funding must be used to pay tuition
1042	expenses; or
1043	2.  Transportation expenses to a Florida public school that
1044	is located outside the district in which the student resides.
1045	(b)  An eligible nonprofit scholarship-funding organization
1046	shall give priority to qualified students who received a
1047	scholarship from an eligible nonprofit scholarship-funding
1048	organization during the previous school year.
1049	(c)  The amount of a scholarship provided to any child for
1050	any single school year by one or more all eligible nonprofit
1051	scholarship-funding organizations from eligible contributions
1052	may shall not exceed the following annual limits:
1053	1.  Three thousand five hundred dollars for a scholarship
1054	awarded to a student enrolled in an eligible private nonpublic
1055	school.
1056	2.  Five hundred dollars for a scholarship awarded to a
1057	student enrolled in a Florida public school that is located
1058	outside the district in which the student resides.
1059	(d)  The amount of an eligible contribution which may be
1060	accepted by an eligible nonprofit scholarship-funding
1061	organization is limited to the amount needed to provide
1062	scholarships for qualified students whom which the organization
1063	has identified and for whom which vacancies in eligible private
1064	nonpublic schools have been identified.
1065	(e)  An eligible nonprofit scholarship-funding organization
1066	that receives an eligible contribution must spend 100 percent of
1067	the eligible contribution to provide scholarships in the same
1068	state fiscal year in which the contribution was received. No
1069	portion of eligible contributions may be used for administrative
1070	expenses. All interest accrued from contributions must be used
1071	for scholarships.
1072	(f)  An eligible nonprofit scholarship-funding organization
1073	that receives eligible contributions must, within 180 days after
1074	the end of the organization's fiscal year, provide to the
1075	Auditor General and the Department of Education an annual
1076	financial and compliance audit of its accounts and records
1077	conducted by an independent certified public accountant and in
1078	accordance with rules adopted by the Auditor General. The
1079	Auditor General shall review all audit reports submitted
1080	pursuant to this section. The Auditor General shall request any
1081	significant items that were omitted in violation of a rule
1082	adopted by the Auditor General. The items must be provided
1083	within 45 days after the date of the request. If the eligible
1084	nonprofit scholarship-funding organization does not comply with
1085	the Auditor General's request, the Auditor General shall notify
1086	the Legislative Auditing Committee. The Legislative Auditing
1087	Committee may schedule a hearing. If a hearing is scheduled, the
1088	committee shall determine if the eligible nonprofit scholarship-
1089	funding organization should be subject to further state action.
1090	If the committee determines that the eligible nonprofit
1091	scholarship-funding organization should be subject to further
1092	state action, the committee shall notify the Department of
1093	Education, which shall terminate the eligibility of the eligible
1094	nonprofit scholarship-funding organization to participate in the
1095	program under this section.
1096	(g)  An eligible nonprofit scholarship-funding organization
1097	shall make payment of the scholarship, at a minimum, on a
1098	quarterly basis. Payment of the scholarship by the eligible
1099	nonprofit scholarship-funding organization shall be by
1100	individual warrant or check made payable to the student's
1101	parent. If the parent chooses for his or her child to attend an
1102	eligible private nonpublic school, the warrant or check must be
1103	mailed by the eligible nonprofit scholarship-funding
1104	organization to the private nonpublic school of the parent's
1105	choice, and the parent shall restrictively endorse the warrant
1106	or check to the private nonpublic school. An eligible nonprofit
1107	scholarship-funding organization shall ensure that, upon receipt
1108	of a scholarship warrant or check, the parent to whom the
1109	warrant or check is made restrictively endorses the warrant or
1110	check to the private nonpublic school of the parent's choice for
1111	deposit into the account of the private nonpublic school.
1112	(h)  An eligible nonprofit scholarship-funding organization
1113	may not commingle scholarship funds with any other funds and
1114	must maintain a separate account for scholarship funds.
1115	(i)  An eligible nonprofit scholarship-funding organization
1116	shall obtain verification from a private school of each
1117	student's continued attendance at the private school prior to
1118	each scholarship payment.
1119	(j)  An eligible nonprofit scholarship-funding organization
1120	must verify the income of all scholarship applicants
1121	participating in the program at least once each school year
1122	through independent income documentation as provided in rules of
1123	the State Board of Education.
1124	(k)  An eligible nonprofit scholarship-funding organization
1125	must prepare and submit quarterly reports to the Department of
1126	Education pursuant to subsection (8). In addition, an eligible
1127	nonprofit scholarship-funding organization must timely submit to
1128	the Department of Education any information requested by the
1129	Department of Education relating to the scholarship program.
1130	(l)  All owners of an eligible nonprofit scholarship-
1131	funding organization shall, upon employment or engagement to
1132	provide services, undergo background screening pursuant to s.
1133	435.04 by filing with the Department of Education a complete set
1134	of fingerprints taken by an authorized law enforcement agency or
1135	an employee of the eligible nonprofit scholarship-funding
1136	organization who is trained to take fingerprints. These
1137	fingerprints shall be submitted to the Department of Law
1138	Enforcement for state processing, which shall in turn submit the
1139	fingerprints to the Federal Bureau of Investigation for federal
1140	processing. The Department of Education shall screen the
1141	background results and report to the eligible nonprofit
1142	scholarship-funding organization any owner who fails to meet
1143	level 2 screening standards pursuant to s. 435.04 or any owner
1144	who has been convicted of a crime involving moral turpitude.
1145	Owners found through fingerprint processing to have been
1146	convicted of a crime involving moral turpitude or failing to
1147	meet level 2 screening standards pursuant to s. 435.04 may not
1148	be employed or engaged to provide services in any position with
1149	the eligible nonprofit scholarship-funding organization. The
1150	cost of the background screening may be borne by the eligible
1151	nonprofit scholarship-funding organization or the owner.
1152	1.  Every 5 years following employment or engagement to
1153	provide services with an eligible nonprofit scholarship-funding
1154	organization, each owner must meet level 2 screening
1155	requirements as described in s. 435.04, at which time the
1156	Department of Education shall request the Department of Law
1157	Enforcement to forward the fingerprints to the Federal Bureau of
1158	Investigation for level 2 screening. If the fingerprints of an
1159	owner are not retained by the Department of Law Enforcement
1160	under subparagraph 2., the owner must file a complete set of
1161	fingerprints with the Department of Education. Upon submission
1162	of fingerprints for this purpose, the Department of Education
1163	shall request the Department of Law Enforcement to forward the
1164	fingerprints to the Federal Bureau of Investigation for level 2
1165	screening, and the fingerprints shall be retained by the
1166	Department of Law Enforcement under subparagraph 2. The cost of
1167	the state and federal criminal history check required by level 2
1168	screening may be borne by the eligible nonprofit scholarship-
1169	funding organization or the owner. Under penalty of perjury,
1170	each owner must agree to inform the eligible nonprofit
1171	scholarship-funding organization immediately if convicted of any
1172	disqualifying offense while he or she is employed or engaged to
1173	provide services with the eligible nonprofit scholarship-funding
1174	organization.
1175	2.  All fingerprints submitted to the Department of Law
1176	Enforcement as required by this paragraph shall be retained by
1177	the Department of Law Enforcement in a manner provided by rule
1178	and entered in the statewide automated fingerprint
1179	identification system authorized by s. 943.05(2)(b). Such
1180	fingerprints shall thereafter be available for all purposes and
1181	uses authorized for arrest fingerprint cards entered in the
1182	statewide automated fingerprint identification system pursuant
1183	to s. 943.051.
1184	3.  The Department of Law Enforcement shall search all
1185	arrest fingerprint cards received under s. 943.051 against the
1186	fingerprints retained in the statewide automated fingerprint
1187	identification system under subparagraph 2. Any arrest record
1188	that is identified with an owner's fingerprints shall be
1189	reported to the Department of Education. Each eligible nonprofit
1190	scholarship-funding organization shall participate in this
1191	search process by paying an annual fee to the Department of Law
1192	Enforcement and by informing the Department of Law Enforcement
1193	of any change in the employment or engagement status or place of
1194	employment or engagement of its owners whose fingerprints are
1195	retained under subparagraph 2. The Department of Law Enforcement
1196	shall adopt a rule setting the amount of the annual fee to be
1197	imposed upon each eligible nonprofit scholarship-funding
1198	organization for performing these searches and establishing the
1199	procedures for the retention of owner fingerprints and the
1200	dissemination of search results. The fee may be borne by the
1201	eligible nonprofit scholarship-funding organization or by the
1202	owner.
1203	4.  If it is found that an owner of an eligible nonprofit
1204	scholarship-funding organization does not meet level 2
1205	requirements, the eligible nonprofit scholarship-funding
1206	organization shall be immediately suspended from participating
1207	in the program and shall remain suspended until final resolution
1208	of any appeals. An eligible nonprofit scholarship-funding
1209	organization the owner of which fails to meet level 2 screening
1210	standards or has been convicted of a crime involving moral
1211	turpitude may not participate in this program.
1212	(m)  If the owner of an eligible nonprofit scholarship-
1213	funding organization has in the immediately preceding 7 years
1214	filed for personal bankruptcy or owned 20 percent or more of a
1215	corporation that filed for corporate bankruptcy in the
1216	immediately preceding 7 years, the eligible nonprofit
1217	scholarship-funding organization may not participate in this
1218	program.
1219	(n)  An eligible nonprofit scholarship-funding organization
1220	must comply with the antidiscrimination provisions of 42 U.S.C.
1221	s. 2000d.
1222	(o)  An eligible nonprofit scholarship-funding organization
1223	or an owner of an eligible nonprofit scholarship-funding
1224	organization may not own, operate, or administer an eligible
1225	private school participating in the program.
1226	(p)  An eligible nonprofit scholarship-funding organization
1227	must report to the Department of Education any eligible private
1228	school participating in the scholarship program under this
1229	section which does not comply with the requirements of this
1230	program. The eligible nonprofit scholarship-funding organization
1231	may not provide additional scholarship funds for a qualified
1232	student to attend an eligible private school until the State
1233	Board of Education determines that the school is in compliance
1234	with this section.
1235	(q)  An eligible nonprofit scholarship-funding organization
1236	must allow a qualified student to attend any eligible private
1237	school and must allow the parent to transfer the scholarship
1238	during the school year to another eligible private school of the
1239	parent's choice.
1240	(r)  An eligible nonprofit scholarship-funding organization
1241	must provide a scholarship to a qualified student on a first-
1242	come, first-served basis unless the student qualifies for
1243	priority pursuant to paragraph (5)(b). An eligible nonprofit
1244	scholarship-funding organization may not target scholarships to
1245	a particular private school or provide scholarships to a child
1246	of an owner.
1247	(s)  An eligible nonprofit scholarship-funding organization
1248	may not transfer scholarship funds to another eligible nonprofit
1249	scholarship-funding organization.
1250	(t)  An eligible nonprofit scholarship-funding organization
1251	may not secure a promissory note, a line of credit, or other
1252	financing to fund a scholarship in anticipation of an eligible
1253	contribution. An eligible scholarship-funding organization may
1254	only fund scholarships through eligible contributions received
1255	under the scholarship program.
1256	(u)  An eligible nonprofit scholarship-funding organization
1257	that fails to comply with this section may not participate in
1258	the scholarship program.
1259	(6)(5)  PARENT OBLIGATIONS.--
1260	(a)  As a condition for scholarship payment pursuant to
1261	paragraph (4)(g), if the parent chooses for his or her child to
1262	attend an eligible private nonpublic school, the parent must
1263	inform the child's school district within 15 days after the such
1264	decision has been made.
1265	(b)  Any student participating in the scholarship program
1266	must remain in attendance throughout the school year, unless
1267	excused by the school for illness or other good cause, and must
1268	comply fully with the school's code of conduct.
1269	(c)  The parent of each student participating in the
1270	scholarship program must comply fully with the eligible private
1271	school's parental-involvement requirements unless excused by the
1272	school for good cause.
1273	(d)  Upon receipt of scholarship funds from an eligible
1274	nonprofit scholarship-funding organization, the parent to whom
1275	the warrant is made must restrictively endorse the warrant to
1276	the eligible private school for deposit into the account of the
1277	private school. If a parent refuses to restrictively endorse a
1278	warrant to which an eligible private school is lawfully
1279	entitled, that student's scholarship shall be forfeited. The
1280	parent may not authorize the eligible private school, its
1281	owners, or employees to act as an attorney in fact for purposes
1282	of endorsing scholarship warrants.
1283	(e)  The parent of each qualified student participating in
1284	the scholarship program must ensure that the student
1285	participates in the required testing pursuant to this section.
1286	(f)  A student or parent who fails to comply with this
1287	subsection forfeits the scholarship.
1288	(7)(6)  ELIGIBLE PRIVATE NONPUBLIC SCHOOL OBLIGATIONS.--An
1289	eligible private nonpublic school must:
1290	(a)  Demonstrate fiscal soundness by filing with being in
1291	operation for one school year or provide the Department of
1292	Education with a surety bond for the amount equal to the
1293	scholarship amount for each quarter of the school year. The
1294	purpose of the surety bond is to secure expenditures of
1295	scholarship funds if the Department of Education determines that
1296	the funds have been used for unlawful purposes. The surety bond
1297	must be filed at the time of the eligible private school's
1298	initial registration to participate in the program under this
1299	section with the Department of Education and at each annual
1300	registration period thereafter for a total of 3 consecutive
1301	years. This requirement does not apply to an eligible private
1302	school that:
1303	1.  Has participated in the program for 3 consecutive years
1304	or longer; and
1305	2.  Has had no action taken by the Department of Education
1306	against the eligible private school for any violation of this
1307	section for 3 consecutive years or longer.
1308
1309	However, any eligible private school that was subject to an
1310	action taken by the Department of Education for any violation of
1311	this section shall, following the date on which action was taken
1312	against the eligible private school for a violation of this
1313	section, but prior to receiving the next quarterly payment, and
1314	for 2 additional consecutive years thereafter, file a surety
1315	bond with the Department of Education. statement by a certified
1316	public accountant confirming that the nonpublic school desiring
1317	to participate is insured and the owner or owners have
1318	sufficient capital or credit to operate the school for the
1319	upcoming year serving the number of students anticipated with
1320	expected revenues from tuition and other sources that may be
1321	reasonably expected. In lieu of such a statement, a surety bond
1322	or letter of credit for the amount equal to the scholarship
1323	funds for any quarter may be filed with the department.
1324	(b)  Comply with the antidiscrimination provisions of 42
1325	U.S.C. s. 2000d.
1326	(c)  Meet state and local health and safety laws and codes.
1327	(d)  Comply with all state laws relating to general
1328	regulation of private nonpublic schools.
1329	(e)  Employ or contract with teachers who have regular and
1330	direct contact with each student receiving a scholarship under
1331	this section at the school's physical location. All teachers
1332	must hold at least a baccalaureate degree or have at least 3
1333	years' teaching experience in public or private schools and have
1334	special skills, knowledge, or expertise that qualifies them to
1335	provide instruction in subjects taught. As part of the sworn-
1336	compliance form authorized under subsection (8), an eligible
1337	private school must report to the Department of Education the
1338	number of teachers employed or under contract with the eligible
1339	private school, along with the manner in which the teacher meets
1340	the requirements of this paragraph.
1341	(f)  Annually register with the Department of Education.
1342	Each eligible private school must annually provide the following
1343	information to the Department of Education:
1344	1.  The legal business and trade names, mailing address,
1345	and business location of the eligible private school;
1346	2.  The legal name, mailing address, and telephone numbers
1347	of an owner of the eligible private school;
1348	3.  A list of students at the eligible private school
1349	receiving a scholarship under this section; and
1350	4.  A notification of the eligible private school's intent
1351	to participate in the program under this section.
1352	(g)  Ensure that all personnel who are hired or contracted
1353	to provide services to fill positions requiring direct contact
1354	with students in the eligible private school, and all owners of
1355	an eligible private school shall, upon employment or engagement
1356	to provide services, undergo background screening pursuant to s.
1357	435.04 by filing with the Department of Education a complete set
1358	of fingerprints taken by an authorized law enforcement agency or
1359	an employee of the eligible private school who is trained to
1360	take fingerprints. These fingerprints shall be submitted to the
1361	Department of Law Enforcement for state processing, which shall
1362	in turn submit the fingerprints to the Federal Bureau of
1363	Investigation for federal processing. The Department of
1364	Education shall screen the background results and report to the
1365	eligible private school any person described in this paragraph
1366	who fails to meet level 2 screening standards pursuant to s.
1367	435.04 or any person described in this paragraph who has been
1368	convicted of a crime involving moral turpitude. Any person
1369	described in this paragraph who is found through fingerprint
1370	processing to have been convicted of a crime involving moral
1371	turpitude or fails to meet level 2 screening standards pursuant
1372	to s. 435.04 may not be employed or engaged to provide services
1373	in any position in the eligible private school requiring direct
1374	contact with students and may not assume an ownership position.
1375	The cost of the background screening may be borne by the
1376	eligible private school, the employee, the person engaged to
1377	provide services, or the owner.
1378	1.  Every 5 years each person described in this paragraph
1379	must meet level 2 screening requirements as described in s.
1380	435.04, at which time the Department of Education shall request
1381	the Department of Law Enforcement to forward the fingerprints to
1382	the Federal Bureau of Investigation for level 2 screening. If
1383	the fingerprints of a person described in this paragraph are not
1384	retained by the Department of Law Enforcement under subparagraph
1385	2., the person must file a complete set of fingerprints with the
1386	Department of Education. Upon submission of fingerprints for
1387	this purpose, the Department of Education shall request the
1388	Department of Law Enforcement to forward the fingerprints to the
1389	Federal Bureau of Investigation for level 2 screening, and the
1390	fingerprints shall be retained by the Department of Law
1391	Enforcement under subparagraph 2. The cost of the state and
1392	federal criminal history check required by level 2 screening may
1393	be borne by the eligible private school, the employee, the
1394	person engaged to provide services, or the owner. Under penalty
1395	of perjury, each person described in this paragraph must agree
1396	to inform the eligible private school immediately if convicted
1397	of any disqualifying offense while in a capacity with the
1398	eligible private school as described in this paragraph.
1399	2.  All fingerprints submitted to the Department of Law
1400	Enforcement as required by this paragraph shall be retained by
1401	the Department of Law Enforcement in a manner provided by rule
1402	and entered in the statewide automated fingerprint
1403	identification system authorized by s. 943.05(2)(b). Such
1404	fingerprints shall thereafter be available for all purposes and
1405	uses authorized for arrest fingerprint cards entered in the
1406	statewide automated fingerprint identification system pursuant
1407	to s. 943.051.
1408	3.  The Department of Law Enforcement shall search all
1409	arrest fingerprint cards received under s. 943.051 against the
1410	fingerprints retained in the statewide automated fingerprint
1411	identification system under subparagraph 2. Any arrest record
1412	that is identified with the fingerprints of a person described
1413	in this paragraph shall be reported to the Department of
1414	Education. Each eligible private school shall participate in
1415	this search process by paying an annual fee to the Department of
1416	Law Enforcement and by informing the Department of Law
1417	Enforcement of any change in the status or place of employment
1418	or engagement of services of its personnel as described in this
1419	paragraph whose fingerprints are retained under subparagraph 2.
1420	The Department of Law Enforcement shall adopt a rule setting the
1421	amount of the annual fee to be imposed upon each eligible
1422	private school for performing these searches and establishing
1423	the procedures for the retention of eligible private school
1424	personnel fingerprints and the dissemination of search results.
1425	The fee may be borne by the eligible private school, the
1426	employee, the person engaged to provide services, or the owner.
1427	4.  If it is found that a person described in this
1428	paragraph does not meet the level 2 requirements, the eligible
1429	private school shall be immediately suspended from participating
1430	in the program and shall remain suspended until final resolution
1431	of any appeals. An eligible private school that employs or
1432	engages to provide services with a person described in this
1433	paragraph who fails to meet level 2 screening standards or has
1434	been convicted of a crime involving moral turpitude may not
1435	participate in this program.
1436	(h)  Annually administer or make provisions for scholarship
1437	students to take one of the nationally norm-referenced tests
1438	identified by the State Board of Education under subsection (8).
1439	An eligible private school must report a student's scores to the
1440	parent and to the Department of Education.
1441	(i)  Annually comply with the Department of Education's
1442	affidavit requirements as provided in subsection (9).
1443	(j)  Timely notify in writing the Department of Education
1444	and the eligible nonprofit scholarship-funding organization if a
1445	qualified student is ineligible to participate in the
1446	scholarship program.
1447	(k)  Report annually to the Department of Education and the
1448	scholarship applicants of the eligible private school if the
1449	eligible private school has been in existence for 3 years or
1450	less.
1451	(l)  Report annually to the Department of Education and the
1452	scholarship applicants of the eligible private school:
1453	1.  Whether the eligible private school is accredited by an
1454	in state or regional accrediting association that is validated
1455	by a third-party accreditor at the state or national level which
1456	has been in existence at least 3 years;
1457	2.  The name of the accrediting association that accredits
1458	the eligible private school; and
1459	3.  Whether the eligible private school is in the process
1460	of receiving candidate status.
1461
1462	The Department of Education shall make the annual list of
1463	accredited and nonaccredited eligible private schools available
1464	to the public and shall make that list available by county.
1465	(m)  Comply with this section's requirements. An eligible
1466	private school that fails to comply with this section is
1467	ineligible to participate in the scholarship program under this
1468	section.
1469	(8)  DEPARTMENT OF EDUCATION; RESPONSIBILITIES.--The
1470	Department of Education shall:
1471	(a)  Annually submit, by March 15, to the Department of
1472	Revenue a list of eligible nonprofit scholarship-funding
1473	organizations that meet the requirements of this section.
1474	(b)  Annually determine the eligibility of nonprofit
1475	scholarship-funding organizations that meet the requirements of
1476	this section. The Department of Education must determine the
1477	eligibility of the nonprofit scholarship-funding organization
1478	within 90 days after the nonprofit scholarship-funding
1479	organization's application for approval to participate in the
1480	program. The Department of Education must provide written notice
1481	of approval or denial to participate in the program to the
1482	nonprofit scholarship-funding organization. The notice must
1483	contain the specific reasons for approval or denial.
1484	(c)  Annually determine the eligibility of private schools
1485	that meet the requirements of this section. The Department of
1486	Education must maintain a list of eligible private schools, and
1487	that list must be made accessible to the public.
1488	(d)  Annually verify the eligibility of students that meet
1489	the requirements of this section. The Department of Education
1490	must maintain a database of students participating in the
1491	program. The Department of Education must, at least quarterly,
1492	update its database to ensure that a student continues to meet
1493	the requirements of this section. The Department of Education
1494	must timely notify an eligible nonprofit scholarship-funding
1495	organization of any student that fails to meet the requirements
1496	of this section.
1497	(e)  Annually account for and verify the eligibility of
1498	expenditures under this section.
1499	(f)  Annually review all audit reports of eligible
1500	nonprofit scholarship-funding organizations for compliance with
1501	this section.
1502	(g)  Annually submit, administer, and retain records of
1503	affidavits from private schools certifying compliance with this
1504	section.
1505	(h)  Identify and select the nationally norm-referenced
1506	tests that are comparable to the norm-referenced provisions of
1507	the Florida Comprehensive Assessment Test. The State Board of
1508	Education may not identify more than three norm-referenced tests
1509	for use in meeting the requirements of this section. The State
1510	Board of Education may select the Florida Comprehensive
1511	Assessment Test for use in meeting the requirements of this
1512	section. The Department of Education must report annually on the
1513	year-to-year improvements of the qualified students and must
1514	analyze and report student performance data, including student
1515	scores by grade level, in a manner that protects the rights of
1516	students and parents as mandated in 20 U.S.C. s. 1232g and must
1517	not disaggregate data to a level that will disclose the identity
1518	of students.
1519	(i)  The Department of Education shall conduct an
1520	investigation of any written complaint of a violation of this
1521	section if the complaint is signed by the complainant and is
1522	legally sufficient. A complaint is legally sufficient if it
1523	contains ultimate facts that show that a violation of this
1524	section or any rule adopted by the State Board of Education has
1525	occurred. In order to determine legal sufficiency, the
1526	Department of Education may require supporting information or
1527	documentation. The Department of Education may investigate any
1528	complaint, including, but not limited to, anonymous complaints.
1529	(j)  Revoke the eligibility of a nonprofit scholarship-
1530	funding organization, private school, or student to participate
1531	in the program for noncompliance with this section.
1532	(k)  Annually report, by December 15, to the Governor, the
1533	President of the Senate, and the Speaker of the House of
1534	Representatives the Department of Education's actions with
1535	respect to implementing accountability in the scholarship
1536	program under this section, including, but not limited to, any
1537	substantiated allegations or violations of law or rule by an
1538	eligible nonprofit scholarship-funding organization or eligible
1539	private school under this program and the corrective action
1540	taken by the Department of Education.
1541	(9)(7)  ADMINISTRATION; RULES.--
1542	(a)  If the credit granted pursuant to this section is not
1543	fully used in any one year because of insufficient tax liability
1544	on the part of the corporation, the unused amount may be carried
1545	forward for a period not to exceed 3 years; however, any
1546	taxpayer that seeks to carry forward an unused amount of tax
1547	credit must submit an application for allocation of tax credits
1548	or carryforward credits as required in paragraph (d) in the year
1549	that the taxpayer intends to use the carryforward. The total
1550	amount of tax credits and carryforward of tax credits granted
1551	each state fiscal year under this section is $88 million. This
1552	carryforward applies to all approved contributions made after
1553	January 1, 2002. A taxpayer may not convey, assign, or transfer
1554	the credit authorized by this section to another entity unless
1555	all of the assets of the taxpayer are conveyed, assigned, or
1556	transferred in the same transaction.
1557	(b)  An application for a tax credit pursuant to this
1558	section shall be submitted to the Department of Revenue on forms
1559	established by rule of the Department of Revenue.
1560	(c)  The Department of Revenue and the Department of
1561	Education shall develop a cooperative agreement to assist in the
1562	administration of this section. The Department of Education
1563	shall be responsible for annually submitting, by March 15, to
1564	the department a list of eligible nonprofit scholarship-funding
1565	organizations that meet the requirements of paragraph (2)(d) and
1566	for monitoring eligibility of nonprofit scholarship-funding
1567	organizations that meet the requirements of paragraph (2)(d),
1568	eligibility of nonpublic schools that meet the requirements of
1569	paragraph (2)(c), and eligibility of expenditures under this
1570	section as provided in subsection (4).
1571	(d)  The Department of Revenue shall adopt rules necessary
1572	to administer this section, including rules establishing
1573	application forms and procedures and governing the allocation of
1574	tax credits and carryforward credits under this section on a
1575	first-come, first-served basis.
1576	(e)  The State Board of Education Department of Education
1577	shall adopt rules under ss. 120.536(1) and 120.54 to administer
1578	this section, including, but not limited to, rules:
1579	1.  Determining necessary to determine eligibility of
1580	nonprofit scholarship-funding organizations and private schools;
1581	2.  Identifying as defined in paragraph (2)(d) and
1582	according to the provisions of subsection (4) and identify
1583	qualified students; as defined in paragraph (2)(e).
1584	3.  Requiring documentation to establish eligibility for
1585	nonprofit scholarship-funding organizations;
1586	4.  Requiring an affidavit, which comports with this
1587	section's requirements for private schools that participate in
1588	the scholarship program; and
1589	5.  Requiring independent income-verification documentation
1590	to establish student eligibility under this section.
1591	(f)  The State Board of Education may delegate its
1592	authority under this section to the Commissioner of Education
1593	with the exception of rulemaking authority.
1594	(10)(8)  DEPOSITS OF ELIGIBLE CONTRIBUTIONS.--All eligible
1595	contributions received by an eligible nonprofit
1596	scholarship-funding organization shall be deposited in a manner
1597	consistent with s. 17.57(2).
1598	Section 5.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.