| 1 | Representative(s) Pickens offered the following: |
| 2 |
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| 3 | Amendment to Senate Amendment (911178) (with title |
| 4 | amendment) |
| 5 | On page 2, line 12, through page 11, line 16, remove all of |
| 6 | said lines and insert: |
| 7 | 2. Incentives for outstanding faculty and staff to |
| 8 | transfer to these schools; |
| 9 | 3. Equipment and supplies; |
| 10 | 4. Technology infrastructure, hardware, or software; |
| 11 | 5. Incentives to encourage parental or other family |
| 12 | participation; and |
| 13 | 6. Mentoring and other community participation. |
| 14 | (b) The program must include a suggested order of priority |
| 15 | and timeline for enacting, funding, and implementing policies |
| 16 | and practices over a 5-year period. The program shall identify |
| 17 | those elements of the program which can be accomplished within |
| 18 | existing statutory authority and those elements that will |
| 19 | require new statutory authority. The program must include |
| 20 | specific recommendations for action by the Legislature. |
| 21 | (3)(a) To assist in development and implementation of the |
| 22 | program required by this section, the commissioner shall create |
| 23 | an advisory committee comprised of at least two teachers, two |
| 24 | staff persons, and two parents of students from one or more |
| 25 | schools that are failing to make adequate progress based on the |
| 26 | school performance grading categories, as well as any other |
| 27 | individuals the commissioner deems appropriate. |
| 28 | (b) In developing and implementing the program, the |
| 29 | commissioner shall consult with: |
| 30 | 1. The Office of Program Policy Analysis and Government |
| 31 | Accountability; and |
| 32 | 2. The district community assessment teams assigned under |
| 33 | s. 1008.345. |
| 34 | (4) The advisory committee shall annually notify the |
| 35 | parents of students in failing schools who qualify for free or |
| 36 | reduced-price lunches under the National School Lunch Act of the |
| 37 | availability of scholarships under s. 220.187. Such notice shall |
| 38 | be provided in sufficient time to allow the parent to apply and |
| 39 | have his or her child approved for a scholarship. |
| 40 | (5) The program shall be developed in coordination with, |
| 41 | and shall be consistent with, other strategic planning |
| 42 | initiatives of the Department of Education or the State Board of |
| 43 | Education. |
| 44 | (6) The commissioner shall report annually to the |
| 45 | Governor, the President of the Senate, and the Speaker of the |
| 46 | House of Representatives on implementation of the program. |
| 47 | Section 2. Section 220.187, Florida Statutes, is amended |
| 48 | to read: |
| 49 | 220.187 Credits for contributions to nonprofit |
| 50 | scholarship-funding organizations; families that have limited |
| 51 | financial resources.-- |
| 52 | (1) FINDINGS AND PURPOSE.-- |
| 53 | (a) The Legislature finds that: |
| 54 | 1. It has the inherent power to determine subjects of |
| 55 | taxation for general or particular public purposes. |
| 56 | 2. Expanding educational opportunities and improving the |
| 57 | quality of educational services within the state are valid |
| 58 | public purposes that the Legislature may promote using its |
| 59 | sovereign power to determine subjects of taxation and exemptions |
| 60 | from taxation. |
| 61 | 3. Ensuring that all parents, regardless of means, may |
| 62 | exercise and enjoy their basic right to educate their children |
| 63 | as they see fit is a valid public purpose that the Legislature |
| 64 | may promote using its sovereign power to determine subjects of |
| 65 | taxation and exemptions from taxation. |
| 66 | 4. The existence of programs that provide expanded |
| 67 | educational opportunities in this state has not been shown to |
| 68 | reduce funding to or otherwise harm public schools within the |
| 69 | state, and, to the contrary, per-student funding in public |
| 70 | schools has risen each year since the first inception of those |
| 71 | programs in 1999. |
| 72 | 5. Expanded educational opportunities and the healthy |
| 73 | competition they promote are critical to improving the quality |
| 74 | of education in the state and to ensuring that all children |
| 75 | receive the high-quality education to which they are entitled. |
| 76 | (b) The purpose of this section is to: |
| 77 | 1.(a) Enable taxpayers to make Encourage private, |
| 78 | voluntary contributions to nonprofit scholarship-funding |
| 79 | organizations in order to promote the general welfare. |
| 80 | 2.(b) Promote the general welfare by expanding Expand |
| 81 | educational opportunities for children of families that have |
| 82 | limited financial resources. |
| 83 | 3.(c) Enable children in this state to achieve a greater |
| 84 | level of excellence in their education. |
| 85 | 4. Provide taxpayers who wish to help parents who have |
| 86 | limited resources exercise their basic right to educate their |
| 87 | children as they see fit with a means to do so. |
| 88 | 5. Improve the quality of education in this state, both by |
| 89 | expanding educational opportunities for children and by creating |
| 90 | incentives for schools to achieve excellence. |
| 91 | (2) DEFINITIONS.--As used in this section, the term: |
| 92 | (a) "Department" means the Department of Revenue. |
| 93 | (b) "Eligible contribution" means a monetary contribution |
| 94 | from a taxpayer, subject to the restrictions provided in this |
| 95 | section, to an eligible nonprofit scholarship-funding |
| 96 | organization. The taxpayer making the contribution may not |
| 97 | designate a specific child as the beneficiary of the |
| 98 | contribution. |
| 99 | (c) "Eligible nonprofit scholarship-funding organization" |
| 100 | means a charitable organization that: |
| 101 | 1. Is exempt from federal income tax pursuant to s. |
| 102 | 501(c)(3) of the Internal Revenue Code; |
| 103 | 2. Is a Florida entity formed under chapter 607, chapter |
| 104 | 608, or chapter 617 and whose principal office is located in the |
| 105 | state; and |
| 106 | 3. Complies with the provisions of subsection (6). |
| 107 | (d) "Eligible private school" means a private school, as |
| 108 | defined in s. 1002.01(2), located in Florida which offers an |
| 109 | education to students in any grades K-12 and that meets the |
| 110 | requirements in subsection (8). |
| 111 | (e) "Owner or operator" includes: |
| 112 | 1. An owner, president, officer, or director of an |
| 113 | eligible nonprofit scholarship-funding organization or a person |
| 114 | with equivalent decisionmaking authority over an eligible |
| 115 | nonprofit scholarship-funding organization. |
| 116 | 2. An owner, operator, superintendent, or principal of an |
| 117 | eligible private school or a person with equivalent |
| 118 | decisionmaking authority over an eligible private school. |
| 119 | (3) PROGRAM; SCHOLARSHIP ELIGIBILITY.--The Corporate |
| 120 | Income Tax Credit Scholarship Program is established. A student |
| 121 | is eligible for a corporate income tax credit scholarship if the |
| 122 | student qualifies for free or reduced-price school lunches under |
| 123 | the National School Lunch Act and: |
| 124 | (a) Was counted as a full-time equivalent student during |
| 125 | the previous state fiscal year for purposes of state per-student |
| 126 | funding; |
| 127 | (b) Received a scholarship from an eligible nonprofit |
| 128 | scholarship-funding organization or from the State of Florida |
| 129 | during the previous school year; or |
| 130 | (c) Is eligible to enter kindergarten or first grade. |
| 131 |
|
| 132 | Contingent upon available funds, a student may continue in the |
| 133 | scholarship program as long as the student's family income level |
| 134 | does not exceed 200 percent of the federal poverty level. A |
| 135 | sibling of a student who is continuing in the program and |
| 136 | resides in the same household as the student shall also be |
| 137 | eligible as a first-time corporate income tax credit scholarship |
| 138 | recipient as long as the student's and sibling's family income |
| 139 | level does not exceed 200 percent of the federal poverty level. |
| 140 | (4) SCHOLARSHIP PROHIBITIONS.--A student is not eligible |
| 141 | for a scholarship while he or she is: |
| 142 | (a) Enrolled in a school operating for the purpose of |
| 143 | providing educational services to youth in Department of |
| 144 | Juvenile Justice commitment programs; |
| 145 | (b) Receiving a scholarship from another eligible |
| 146 | nonprofit scholarship-funding organization under this section; |
| 147 | (c) Receiving an educational scholarship pursuant to |
| 148 | chapter 1002; |
| 149 | (d) Participating in a home education program as defined |
| 150 | in s. 1002.01(1); |
| 151 | (e) Participating in a private tutoring program pursuant |
| 152 | to s. 1002.43; |
| 153 | (f) Participating in a virtual school, correspondence |
| 154 | school, or distance learning program that receives state funding |
| 155 | pursuant to the student's participation unless the participation |
| 156 | is limited to no more than two courses per school year; or |
| 157 | (g) Enrolled in the Florida School for the Deaf and the |
| 158 | Blind. |
| 159 | (5) AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX |
| 160 | CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.-- |
| 161 | (a) There is allowed a credit of 100 percent of an |
| 162 | eligible contribution against any tax due for a taxable year |
| 163 | under this chapter. However, such a credit may not exceed 75 |
| 164 | percent of the tax due under this chapter for the taxable year, |
| 165 | after the application of any other allowable credits by the |
| 166 | taxpayer. The credit granted by this section shall be reduced by |
| 167 | the difference between the amount of federal corporate income |
| 168 | tax taking into account the credit granted by this section and |
| 169 | the amount of federal corporate income tax without application |
| 170 | of the credit granted by this section. |
| 171 | (b) The total amount of tax credits and carryforward of |
| 172 | tax credits which may be granted each state fiscal year under |
| 173 | this section is $88 million. At least 1 percent of the total |
| 174 | statewide amount authorized for the tax credit shall be reserved |
| 175 | for taxpayers who meet the definition of a small business |
| 176 | provided in s. 288.703(1) at the time of application. |
| 177 | (c) A taxpayer who files a Florida consolidated return as |
| 178 | a member of an affiliated group pursuant to s. 220.131(1) may be |
| 179 | allowed the credit on a consolidated return basis; however, the |
| 180 | total credit taken by the affiliated group is subject to the |
| 181 | limitation established under paragraph (a). |
| 182 | (d) Effective for tax years beginning January 1, 2006, a |
| 183 | taxpayer may rescind all or part of its allocated tax credit |
| 184 | under this section. The amount rescinded shall become available |
| 185 | for purposes of the cap for that state fiscal year under this |
| 186 | section to an eligible taxpayer as approved by the department if |
| 187 | the taxpayer receives notice from the department that the |
| 188 | rescindment has been accepted by the department and the taxpayer |
| 189 | has not previously rescinded any or all of its tax credit |
| 190 | allocation under this section more than once in the previous 3 |
| 191 | tax years. Any amount rescinded under this paragraph shall |
| 192 | become available to an eligible taxpayer on a first-come, first- |
| 193 | served basis based on tax credit applications received after the |
| 194 | date the rescindment is accepted by the department. |
| 195 | (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING |
| 196 | ORGANIZATIONS.--An eligible nonprofit scholarship-funding |
| 197 | organization: |
| 198 | (a) Must comply with the antidiscrimination provisions of |
| 199 | 42 U.S.C. s. 2000d. |
| 200 | (b) Must comply with the following background check |
| 201 | requirements: |
| 202 | 1. All owners and operators as defined in subparagraph |
| 203 | (2)(e)1. are, upon employment or engagement to provide services, |
| 204 | subject to level 2 background screening as provided under |
| 205 | chapter 435. The fingerprints for the background screening must |
| 206 | be electronically submitted to the Department of Law Enforcement |
| 207 | and can be taken by an authorized law enforcement agency or by |
| 208 | an employee of the eligible nonprofit scholarship-funding |
| 209 | organization or a private company who is trained to take |
| 210 | fingerprints. However, the complete set of fingerprints of an |
| 211 | owner or operator may not be taken by the owner or operator. The |
| 212 | results of the state and national criminal history check shall |
| 213 | be provided to the Department of Education for screening under |
| 214 | chapter 435. The cost of the background screening may be borne |
| 215 | by the eligible nonprofit scholarship-funding organization or |
| 216 | the owner or operator. |
| 217 | 2. Every 5 years following employment or engagement to |
| 218 | provide services or association with an eligible nonprofit |
| 219 | scholarship-funding organization, each owner or operator must |
| 220 | meet level 2 screening standards as described in s. 435.04, at |
| 221 | which time the nonprofit scholarship-funding organization shall |
| 222 | request the Department of Law Enforcement to forward the |
| 223 | fingerprints to the Federal Bureau of Investigation for level 2 |
| 224 | screening. If the fingerprints of an owner or operator are not |
| 225 | retained by the Department of Law Enforcement under subparagraph |
| 226 | 3., the owner or operator must electronically file a complete |
| 227 | set of fingerprints with the Department of Law Enforcement. Upon |
| 228 | submission of fingerprints for this purpose, the eligible |
| 229 | nonprofit scholarship-funding organization shall request that |
| 230 | the Department of Law Enforcement forward the fingerprints to |
| 231 | the Federal Bureau of Investigation for level 2 screening, and |
| 232 | the fingerprints shall be retained by the Department of Law |
| 233 | Enforcement under subparagraph 3. |
| 234 | 3. Beginning July 1, 2007, all fingerprints submitted to |
| 235 | the Department of Law Enforcement as required by this paragraph |
| 236 | must be retained by the Department of Law Enforcement in a |
| 237 | manner approved by rule and entered in the statewide automated |
| 238 | fingerprint identification system authorized by s. 943.05(2)(b). |
| 239 | The fingerprints must thereafter be available for all purposes |
| 240 | and uses authorized for arrest fingerprint cards entered in the |
| 241 | statewide automated fingerprint identification system pursuant |
| 242 | to s. 943.051. |
| 243 | 4. Beginning July 1, 2007, the Department of Law |
| 244 | Enforcement shall search all arrest fingerprint cards received |
| 245 | under s. 943.051 against the fingerprints retained in the |
| 246 | statewide automated fingerprint identification system under |
| 247 | subparagraph 3. Any arrest record that is identified with an |
| 248 | owner's or operator's fingerprints must be reported to the |
| 249 | Department of Education. The Department of Education shall |
| 250 | participate in this search process by paying an annual fee to |
| 251 | the Department of Law Enforcement and by informing the |
| 252 | Department of Law Enforcement of any change in the employment, |
| 253 | engagement, or association status of the owners or operators |
| 254 | whose fingerprints are retained under subparagraph 3. The |
| 255 | Department of Law Enforcement shall adopt a rule setting the |
| 256 | amount of the annual fee to be imposed upon the Department of |
| 257 | Education for performing these services and establishing the |
| 258 | procedures for the retention of owner and operator fingerprints |
| 259 | and the dissemination of search results. The fee may be borne by |
| 260 | the owner or operator of the nonprofit scholarship-funding |
| 261 | organization. |
| 262 | 5. A nonprofit scholarship-funding organization whose |
| 263 | owner or operator fails the level 2 background screening shall |
| 264 | not be eligible to provide scholarships under this section. |
| 265 | 6. A nonprofit scholarship-funding organization whose |
| 266 | owner or operator in the last 7 years has filed for personal |
| 267 | bankruptcy or corporate bankruptcy in a corporation of which he |
| 268 | or she owned more than 20 percent shall not be eligible to |
| 269 | provide scholarships under this section. |
| 270 | (c) Must not have an owner or operator who owns or |
| 271 | operates an eligible private school that is participating in the |
| 272 | scholarship program. |
| 273 | (d) Must provide scholarships, from eligible |
| 274 | contributions, to eligible students for: |
| 275 | 1. Tuition, or textbook expenses, or registration fees |
| 276 | for, or transportation to, an eligible private school. The |
| 277 | amount of the scholarship shall be the maximum allowed by law or |
| 278 | the amount of the private school's textbook expenses and |
| 279 | published tuition and registration fees, whichever is less; At |
| 280 | least 75 percent of the scholarship funding must be used to pay |
| 281 | tuition expenses; or |
| 282 | 2. Transportation expenses to a Florida public school that |
| 283 | is located outside the district in which the student resides or |
| 284 | to a lab school as defined in s. 1002.32. |
| 285 | (e) Must give priority to eligible students who received a |
| 286 | scholarship from an eligible nonprofit scholarship-funding |
| 287 | organization or from the State of Florida during the previous |
| 288 | school year. |
| 289 |
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| 290 | ======= T I T L E A M E N D M E N T ========= |
| 291 | On page 45, lines 1-14, remove all of said lines and |
| 292 | insert: |
| 293 | specified entities; requiring the committee to annually notify |
| 294 | specified parents of specified scholarship availability; |
| 295 | requiring an annual report; amending s. 220.187, F.S.; providing |
| 296 | legislative findings; revising program purposes; providing for |
| 297 | eligibility of siblings of certain students; revising provisions |
| 298 | relating to authorized uses of scholarship funds and expenditure |
| 299 | of contributions received during the fiscal year; revising |
| 300 | scholarship amounts and payments; |