Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2380
                        Barcode 080702
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Education Pre-K - 12 (Wise) recommended the
12  following amendment:
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14         Senate Amendment 
15         On page 32, line 31,
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17  insert:  (h)  An eligible nonprofit scholarship-funding
18  organization must comply with the following background check
19  requirements:
20         1.  All owners and operators as defined in subparagraph
21  (2)(e)1. are, upon employment or engagement to provide
22  services, subject to level 2 background screening as provided
23  under chapter 435. The fingerprints for the background
24  screening must be electronically submitted to the Department
25  of Law Enforcement and can be taken by an authorized law
26  enforcement agency or by an employee of the eligible nonprofit
27  scholarship-funding organization or a private company who is
28  trained to take fingerprints. However, the complete set of
29  fingerprints of an owner or operator may not be taken by  the
30  owner or operator. The results of the state and national
31  criminal history check shall be provided to the Department of
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    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2380
                        Barcode 080702
 1  Education for screening under chapter 435. The cost of the
 2  background screening may be borne by the eligible nonprofit
 3  scholarship-funding organization or the owner or operator.
 4         2.  Every 5 years following employment or engagement to
 5  provide services or association with an eligible nonprofit
 6  scholarship-funding organization, each owner or operator must
 7  meet level 2 screening standards as described in s. 435.04, at
 8  which time the nonprofit scholarship-funding organization
 9  shall request the Department of Law Enforcement to forward the
10  fingerprints to the Federal Bureau of Investigation for level
11  2 screening. If the fingerprints of an owner or operator are
12  not retained by the Department of Law Enforcement under
13  subparagraph 3., the owner or operator must electronically
14  file a complete set of fingerprints with the Department of Law
15  Enforcement. Upon submission of fingerprints for this purpose,
16  the eligible nonprofit scholarship-funding organization shall
17  request that the Department of Law Enforcement forward the
18  fingerprints to the Federal Bureau of Investigation for level
19  2 screening, and the fingerprints shall be retained by the
20  Department of Law Enforcement under subparagraph 3.
21         3.  Beginning July 1, 2008, all fingerprints submitted
22  to the Department of Law Enforcement as required by this
23  paragraph must be retained by the Department of Law
24  Enforcement in a manner approved by rule and entered in the
25  statewide automated fingerprint identification system
26  authorized by s. 943.05(2)(b). The fingerprints must
27  thereafter be available for all purposes and uses authorized
28  for arrest fingerprint cards entered in the statewide
29  automated fingerprint identification system pursuant to
30  s.943.051.
31         4.  Beginning July 1, 2008, the Department of Law
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    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2380
                        Barcode 080702
 1  Enforcement shall search all arrest fingerprint cards received
 2  under s. 943.051 against the fingerprints retained in the
 3  statewide automated fingerprint identification system under
 4  subparagraph 3. Any arrest record that is identified with an
 5  owner's or operator's fingerprints must be reported to the
 6  Department of Education. The Department of Education shall
 7  participate in this search process by paying an annual fee to
 8  the Department of Law Enforcement and by informing the
 9  Department of Law Enforcement of any change in the employment,
10  engagement, or association status of the owners or operators
11  whose fingerprints are retained under subparagraph 3. The
12  Department of Law Enforcement shall adopt a rule setting the
13  amount of the annual fee to be imposed upon the Department of
14  Education for performing these services and establishing the
15  procedures for the retention of owner and operator
16  fingerprints and the dissemination of search results. The fee
17  may be borne by the owner or operator of the nonprofit
18  scholarship-funding organization.
19         5.  A nonprofit scholarship-funding organization whose
20  owner or operator fails the level 2 background screening shall
21  not be eligible to provide scholarships under this section.
22         6.  A nonprofit scholarship-funding organization whose
23  owner or operator in the last 7 years has filed for personal
24  bankruptcy or corporate bankruptcy in a corporation of which
25  he or she owned more than 20 percent is not eligible to
26  provide scholarships under this section.
27         (i)  An eligible nonprofit scholarship-funding
28  organization must not have an owner or operator who owns or
29  operates an eligible private school that is participating in
30  the scholarship program.
31         (j)  An eligible nonprofit scholarship-funding
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    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2380
                        Barcode 080702
 1  organization may not restrict or reserve scholarships for use
 2  at a particular private school or provide scholarships to a
 3  child of an owner or operator.
 4         (k)  An eligible nonprofit scholarship-funding
 5  organization must:
 6         1.  Comply with the antidiscrimination provisions of 42
 7  U.S.C. s. 2000d.
 8         2.  Maintain separate accounts for scholarship funds
 9  and operating funds.
10         3.  Provide to the Auditor General and the Department
11  of Education an annual financial and compliance audit of its
12  accounts and records conducted by an independent certified
13  public accountant and in accordance with rules adopted by the
14  Auditor General. The audit must be conducted in compliance
15  with generally accepted auditing standards and must include a
16  report on financial statements presented in accordance with
17  generally accepted accounting principles set forth by the
18  American Institute of Certified Public Accountants for
19  not-for-profit organizations and a determination of compliance
20  with the statutory eligibility and expenditure requirements
21  set forth in this section. Audits must be provided to the
22  Auditor General and the Department of Education within 180
23  days after completion of the eligible nonprofit
24  scholarship-funding organization's fiscal year.
25         4.  Prepare and submit quarterly reports to the
26  Department of Education pursuant to paragraph (9)(m). In
27  addition, an eligible nonprofit scholarship-funding
28  organization must submit in a timely manner any information
29  requested by the Department of Education relating to the
30  scholarship program.
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    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2380
                        Barcode 080702
 1  Any and all information and documentation provided to the
 2  Department of Education and the Auditor General relating to
 3  the identity of a taxpayer that provides an eligible
 4  contribution under this section shall remain confidential at
 5  all times in accordance with s. 213.053.
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