Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. CS for HB 7055
Senate . House
Comm: RE .
The Committee on Appropriations (Passidomo) recommended the
1 Senate Substitute for Amendment (903516) (with title
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Section 212.1832, Florida Statutes, is created
7 to read:
8 212.1832 Credit for contributions to the Hope Scholarship
10 (1) Upon adoption of rules, the purchaser of a motor
11 vehicle shall be granted a credit of 100 percent of an eligible
12 contribution made to an eligible nonprofit scholarship-funding
13 organization under s. 1002.40 against any tax imposed by the
14 state and collected from the purchaser by a dealer, designated
15 agent, or private tag agent as a result of the purchase or
16 acquisition of a motor vehicle. For purposes of this subsection,
17 the term “purchase” does not include the lease or rental of a
18 motor vehicle.
19 (2) A dealer shall take a credit against any tax imposed by
20 the state under this chapter on the purchase of a motor vehicle
21 in an amount equal to the credit granted to the purchaser under
22 subsection (1).
23 (3) For purposes of the distributions of tax revenue under
24 s. 212.20, the department shall disregard any tax credits
25 allowed under this section to ensure that any reduction in tax
26 revenue received that is attributable to the tax credits results
27 only in a reduction in distributions to the General Revenue
28 Fund. The provisions of s. 1002.40 apply to the credit
29 authorized by this section.
30 Section 2. Subsection (21) is added to section 213.053,
31 Florida Statutes, to read:
32 213.053 Confidentiality and information sharing.—
33 (21)(a) The department may provide to an eligible nonprofit
34 scholarship-funding organization, as defined in s. 1002.40, a
35 dealer’s name, address, federal employer identification number,
36 and information related to differences between credits taken by
37 the dealer pursuant to s. 212.1832(2) and amounts remitted to
38 the eligible nonprofit scholarship-funding organization under s.
39 1002.40(13)(b)3. The eligible nonprofit scholarship-funding
40 organization may use the information for purposes of recovering
41 eligible contributions designated for that organization that
42 were collected by the dealer but never remitted to the
44 (b) Nothing in this subsection authorizes the disclosure of
45 information if such disclosure is prohibited by federal law. An
46 eligible nonprofit scholarship-funding organization is bound by
47 the same requirements of confidentiality and the same penalties
48 for a violation of the requirements as the department.
49 Section 3. Effective July 1, 2019, chapter 623, Florida
50 Statutes, consisting of sections 623.01, 623.02, 623.03, 623.04,
51 623.05, 623.06, 623.07, 623.08, 623.09, 623.10, 623.11, 623.12,
52 623.13, and 623.14, is repealed.
53 Section 4. Subsections (4) and (5) of section 1001.10,
54 Florida Statutes, are amended to read:
55 1001.10 Commissioner of Education; general powers and
57 (4) The Department of Education shall provide technical
58 assistance to school districts, charter schools, the Florida
59 School for the Deaf and the Blind, and private schools that
60 accept scholarship students under s. 1002.385, s. 1002.39,
61 1002.395, or another state scholarship program under chapter
62 1002 in the development of policies, procedures, and training
63 related to employment practices and standards of ethical conduct
64 for instructional personnel and school administrators, as
65 defined in s. 1012.01.
66 (5) The Department of Education shall provide authorized
67 staff of school districts, charter schools, the Florida School
68 for the Deaf and the Blind, and private schools that accept
69 scholarship students under s. 1002.385, s. 1002.39, or s.
70 1002.395, or another state scholarship program under chapter
71 1002 with access to electronic verification of information from
72 the following employment screening tools:
73 (a) The Professional Practices’ Database of Disciplinary
74 Actions Against Educators; and
75 (b) The Department of Education’s Teacher Certification
78 This subsection does not require the department to provide these
79 staff with unlimited access to the databases. However, the
80 department shall provide the staff with access to the data
81 necessary for performing employment history checks of the
82 instructional personnel and school administrators included in
83 the databases.
84 Section 5. Section 1001.4205, Florida Statutes, is amended
85 to read:
86 1001.4205 Visitation of schools by an individual school
87 board or charter school governing board member.—An individual
88 member of a district school board may, on any day and at any
89 time at his or her pleasure, visit any district school in his or
90 her school district. An individual member of the State
91 Legislature may, on any day and at any time at his or her
92 pleasure, visit any district school, including any charter
93 school, in his or her legislative district. An individual member
94 of a charter school governing board member may, on any day and
95 at any time at his or her pleasure, visit any charter school
96 governed by the charter school’s governing board.
97 (1) The visiting individual board member must sign in and
98 sign out at the school’s main office and wear his or her board
99 or State Legislature identification badge, as applicable, at all
100 times while present on school premises.
101 (2) The board, the school, or any other person or entity,
102 including, but not limited to, the principal of the school, the
103 school superintendent, or any other board member, may not
104 require the visiting individual board member to provide notice
105 before visiting the school.
106 (3) The school may offer, but may not require, an escort to
107 accompany the a visiting individual board member during the
109 (4) A Another board member or a district employee,
110 including, but not limited to, the superintendent, the school
111 principal, or the superintendent’s or the principal’s his or her
112 designee, may not limit the duration or scope of the visit or
113 direct the a visiting individual board member to leave the
115 (5) A board, district, or school administrative policy or
116 practice may not prohibit or limit the authority granted to the
117 visiting individual a board member under this section.
118 Section 6. Section 1002.01, Florida Statutes, is amended to
120 1002.01 Definitions.—
121 (1) A “home education program” means the sequentially
122 progressive instruction of a student directed by his or her
123 parent in order to satisfy the attendance requirements of ss.
124 1002.41, 1003.01(13), and 1003.21(1).
125 (2) A “private school” is a nonpublic school that is
126 registered in accordance with s. 1002.42 and is defined as an
127 individual, association, copartnership, or corporation, or
128 department, division, or section of such organizations, that
129 designates itself as an educational center that includes
130 kindergarten or a higher grade or as an elementary, secondary,
131 business, technical, or trade school below college level or any
132 organization that provides instructional services that meet the
133 intent of s. 1003.01(13) or that gives preemployment or
134 supplementary training in technology or in fields of trade or
135 industry or that offers academic, literary, or career training
136 below college level, or any combination of the above, including
137 an institution that performs the functions of the above schools
138 through correspondence or extension, except those licensed under
139 the provisions of chapter 1005. A private school may be a
140 parochial, religious, denominational, for-profit, or nonprofit
141 school attended by a student in order to satisfy the attendance
142 requirements of s. 1003.01(13). This definition does not include
143 home education programs conducted in accordance with s. 1002.41.
144 (3) For purposes of this chapter, a “scholarship program”
145 means any one of the following:
146 (a) The Opportunity Scholarship Program established
147 pursuant to s. 1002.38.
148 (b) The Gardiner Scholarship Program established pursuant
149 to s. 1002.385.
150 (c) The John M. McKay Scholarships for Students with
151 Disabilities Program established pursuant to s. 1002.39.
152 (d) The Florida Tax Credit Scholarship Program established
153 pursuant to s. 1002.395.
154 (e) The Hope Scholarship Program established pursuant to s.
156 Section 7. Paragraph (b) of subsection (2) and subsection
157 (6) of section 1002.20, Florida Statutes, are amended to read:
158 1002.20 K-12 student and parent rights.—Parents of public
159 school students must receive accurate and timely information
160 regarding their child’s academic progress and must be informed
161 of ways they can help their child to succeed in school. K-12
162 students and their parents are afforded numerous statutory
163 rights including, but not limited to, the following:
164 (2) ATTENDANCE.—
165 (b) Regular school attendance.—Parents of students who have
166 attained the age of 6 years by February 1 of any school year but
167 who have not attained the age of 16 years must comply with the
168 compulsory school attendance laws. Parents have the option to
169 comply with the school attendance laws by attendance of the
170 student in a public school; a private parochial, religious, or
171 denominational school; a private school; or a home education
172 program ; or a private tutoring program, in accordance with the
173 provisions of s. 1003.01(13).
174 (6) EDUCATIONAL CHOICE.—
175 (a) Public educational school choices.—Parents of public
176 school students may seek any public educational school choice
177 options that are applicable and available to students throughout
178 the state. These options may include controlled open enrollment,
179 single-gender programs, lab schools, virtual instruction
180 programs, charter schools, charter technical career centers,
181 magnet schools, alternative schools, special programs, auditory
182 oral education programs, advanced placement, dual enrollment,
183 International Baccalaureate, International General Certificate
184 of Secondary Education (pre-AICE), CAPE digital tools, CAPE
185 industry certifications, collegiate high school programs,
186 Advanced International Certificate of Education, early
187 admissions, credit by examination or demonstration of
188 competency, the New World School of the Arts, the Florida School
189 for the Deaf and the Blind, and the Florida Virtual School.
190 These options may also include the public educational choice
191 options of the Opportunity Scholarship Program and the McKay
192 Scholarships for Students with Disabilities Program.
193 (b) Private educational choices.—The parent of a student
194 may choose to enroll the student in a private school, as defined
195 in s. 1002.01(2). Parents of public school students may seek
196 private educational choice options under certain programs.
197 1. Under the McKay Scholarships for Students with
198 Disabilities Program, the parent of a public school student with
199 a disability may request and receive a McKay Scholarship for the
200 student to attend a private school in accordance with s.
202 2. Under the Florida Tax Credit Scholarship Program, the
203 parent of a student who qualifies for free or reduced-price
204 school lunch or who is currently placed, or during the previous
205 state fiscal year was placed, in foster care as defined in s.
206 39.01 may seek a scholarship from an eligible nonprofit
207 scholarship-funding organization in accordance with s. 1002.395.
208 3. Under the Gardiner Scholarship Program Florida Personal
209 Learning Scholarship Accounts Program, the parent of a student
210 with a qualifying disability may apply for a Gardiner
211 Scholarship personal learning scholarship to be used for
212 individual educational needs in accordance with s. 1002.385.
213 4. Under the Hope Scholarship Program, the parent of a
214 student who was the victim of a substantiated incident of
215 violence or abuse while attending a public school may seek a
216 scholarship for the student to attend a private school in
217 accordance with s. 1002.40.
218 (c) Home education.—The parent of a student may choose to
219 place the student in a home education program, as defined in s.
220 1002.01(1), in accordance with the provisions of s. 1002.41.
221 (d) Private tutoring. —The parent of a student may choose to
222 place the student in a private tutoring program in accordance
223 with the provisions of s. 1002.43(1).
224 Section 8. Paragraph (b) of subsection (6) of section
225 1002.33, Florida Statutes, is amended to read:
226 1002.33 Charter schools.—
227 (6) APPLICATION PROCESS AND REVIEW.—Charter school
228 applications are subject to the following requirements:
229 (b) A sponsor shall receive and review all applications for
230 a charter school using the evaluation instrument developed by
231 the Department of Education. A sponsor shall receive and
232 consider charter school applications received on or before
233 August 1 of each calendar year for charter schools to be opened
234 at the beginning of the school district’s next school year, or
235 to be opened at a time agreed to by the applicant and the
236 sponsor. A sponsor may not refuse to receive a charter school
237 application submitted before August 1 and may receive an
238 application submitted later than August 1 if it chooses.
239 Beginning in 2018 and thereafter, a sponsor shall receive and
240 consider charter school applications received on or before
241 February 1 of each calendar year for charter schools to be
242 opened 18 months later at the beginning of the school district’s
243 school year, or to be opened at a time agreed to by the
244 applicant and the sponsor. A sponsor may not refuse to receive a
245 charter school application submitted before February 1 and may
246 receive an application submitted later than February 1 if it
247 chooses. A sponsor may not charge an applicant for a charter any
248 fee for the processing or consideration of an application, and a
249 sponsor may not base its consideration or approval of a final
250 application upon the promise of future payment of any kind.
251 Before approving or denying any application, the sponsor shall
252 allow the applicant, upon receipt of written notification, at
253 least 7 calendar days to make technical or nonsubstantive
254 corrections and clarifications, including, but not limited to,
255 corrections of grammatical, typographical, and like errors or
256 missing signatures, if such errors are identified by the sponsor
257 as cause to deny the final application.
258 1. In order to facilitate an accurate budget projection
259 process, a sponsor shall be held harmless for FTE students who
260 are not included in the FTE projection due to approval of
261 charter school applications after the FTE projection deadline.
262 In a further effort to facilitate an accurate budget projection,
263 within 15 calendar days after receipt of a charter school
264 application, a sponsor shall report to the Department of
265 Education the name of the applicant entity, the proposed charter
266 school location, and its projected FTE.
267 2. In order to ensure fiscal responsibility, an application
268 for a charter school shall include a full accounting of expected
269 assets, a projection of expected sources and amounts of income,
270 including income derived from projected student enrollments and
271 from community support, and an expense projection that includes
272 full accounting of the costs of operation, including start-up
274 3.a. A sponsor shall by a majority vote approve or deny an
275 application no later than 90 calendar days after the application
276 is received, unless the sponsor and the applicant mutually agree
277 in writing to temporarily postpone the vote to a specific date,
278 at which time the sponsor shall by a majority vote approve or
279 deny the application. If the sponsor fails to act on the
280 application, an applicant may appeal to the State Board of
281 Education as provided in paragraph (c). If an application is
282 denied, the sponsor shall, within 10 calendar days after such
283 denial, articulate in writing the specific reasons, based upon
284 good cause, supporting its denial of the application and shall
285 provide the letter of denial and supporting documentation to the
286 applicant and to the Department of Education.
287 b. An application submitted by a high-performing charter
288 school identified pursuant to s. 1002.331 or a high-performing
289 charter school system identified pursuant to s. 1002.332 may be
290 denied by the sponsor only if the sponsor demonstrates by clear
291 and convincing evidence that:
292 (I) The application does not materially comply with the
293 requirements in paragraph (a);
294 (II) The charter school proposed in the application does
295 not materially comply with the requirements in paragraphs
297 (III) The proposed charter school’s educational program
298 does not substantially replicate that of the applicant or one of
299 the applicant’s high-performing charter schools;
300 (IV) The applicant has made a material misrepresentation or
301 false statement or concealed an essential or material fact
302 during the application process; or
303 (V) The proposed charter school’s educational program and
304 financial management practices do not materially comply with the
305 requirements of this section.
307 Material noncompliance is a failure to follow requirements or a
308 violation of prohibitions applicable to charter school
309 applications, which failure is quantitatively or qualitatively
310 significant either individually or when aggregated with other
311 noncompliance. An applicant is considered to be replicating a
312 high-performing charter school if the proposed school is
313 substantially similar to at least one of the applicant’s high
314 performing charter schools and the organization or individuals
315 involved in the establishment and operation of the proposed
316 school are significantly involved in the operation of replicated
318 c. If the sponsor denies an application submitted by a
319 high-performing charter school or a high-performing charter
320 school system, the sponsor must, within 10 calendar days after
321 such denial, state in writing the specific reasons, based upon
322 the criteria in sub-subparagraph b., supporting its denial of
323 the application and must provide the letter of denial and
324 supporting documentation to the applicant and to the Department
325 of Education. The applicant may appeal the sponsor’s denial of
326 the application in accordance with paragraph (c).
327 4. For budget projection purposes, the sponsor shall report
328 to the Department of Education the approval or denial of an
329 application within 10 calendar days after such approval or
330 denial. In the event of approval, the report to the Department
331 of Education shall include the final projected FTE for the
332 approved charter school.
333 5. Upon approval of an application, the initial startup
334 shall commence with the beginning of the public school calendar
335 for the district in which the charter is granted. A charter
336 school may defer the opening of the school’s operations for up
337 to 3 2 years to provide time for adequate facility planning. The
338 charter school must provide written notice of such intent to the
339 sponsor and the parents of enrolled students at least 30
340 calendar days before the first day of school.
341 Section 9. Subsection (1) of section 1002.331, Florida
342 Statutes, is amended to read:
343 1002.331 High-performing charter schools.—
344 (1) A charter school is a high-performing charter school if
346 (a) Received at least two school grades of “A” and no
347 school grade below “B,” pursuant to s. 1008.34, during each of
348 the previous 3 school years or received at least two consecutive
349 school grades of “A” in the most recent 2 school years.
350 (b) Received an unqualified opinion on each annual
351 financial audit required under s. 218.39 in the most recent 3
352 fiscal years for which such audits are available.
353 (c) Did not receive a financial audit that revealed one or
354 more of the financial emergency conditions set forth in s.
355 218.503(1) in the most recent 3 fiscal years for which such
356 audits are available. However, this requirement is deemed met
357 for a charter school-in-the-workplace if there is a finding in
358 an audit that the school has the monetary resources available to
359 cover any reported deficiency or that the deficiency does not
360 result in a deteriorating financial condition pursuant to s.
363 For purposes of determining initial eligibility, the
364 requirements of paragraphs (b) and (c) only apply to the most
365 recent 2 fiscal years if the charter school earns two
366 consecutive grades of “A.” A virtual charter school established
367 under s. 1002.33 is not eligible for designation as a high
368 performing charter school.
369 Section 10. Present subsections (11) and (12) of section
370 1002.333, Florida Statutes, are redesignated as subsections (12)
371 and (13), respectively, a new subsection (11) is added to that
372 section, and subsections (1) and (2), paragraph (a) of
373 subsection (4), paragraphs (b), (g), and (i) of subsection (5),
374 paragraph (a) of subsection (7), subsection (9), and paragraphs
375 (b) and (d) of subsection (10) of that section are amended, to
377 1002.333 Persistently low-performing schools.—
378 (1) DEFINITIONS.—As used in this section, the term:
379 (a) “Hope operator” means an entity identified by the
380 department pursuant to subsection (2).
381 (b) “Persistently low-performing school” means a school
382 that has completed 2 school years of a district-managed
383 turnaround plan required under s. 1008.33(4)(a) and has not
384 improved its school grade to a “C” or higher, earned three
385 consecutive grades lower than a “C,” pursuant to s. 1008.34, and
386 a school that was closed pursuant to s. 1008.33(4) within 2
387 years after the submission of a notice of intent.
388 (c) “School of hope” means:
389 1. A charter school operated by a hope operator which
390 serves students from one or more persistently low-performing
391 schools ; is located in the attendance zone of a persistently
392 low-performing school or within a 5-mile radius of such school,
393 whichever is greater ; and is a Title I eligible school; or
394 2. A school operated by a hope operator pursuant to s.
395 1008.33(4)(b)3.b. s. 1008.33(4)(b)3 .
396 (2) HOPE OPERATOR.—A hope operator is a nonprofit
397 organization with tax exempt status under s. 501(c)(3) of the
398 Internal Revenue Code which that operates three or more charter
399 schools that serve students in grades K-12 in Florida or other
400 states with a record of serving students from low-income
401 families and is designated by the State Board of Education as a
402 hope operator based on a determination that:
403 (a) The past performance of the hope operator meets or
404 exceeds the following criteria:
405 1. The achievement of enrolled students exceeds the
406 district and state averages of the states in which the
407 operator’s schools operate;
408 2. The average college attendance rate at all schools
409 currently operated by the operator exceeds 80 percent, if such
410 data is available;
411 3. The percentage of students eligible for a free or
412 reduced price lunch under the National School Lunch Act enrolled
413 at all schools currently operated by the operator exceeds 70
415 4. The operator is in good standing with the authorizer in
416 each state in which it operates;
417 5. The audited financial statements of the operator are
418 free of material misstatements and going concern issues; and
419 6. Other outcome measures as determined by the State Board
420 of Education;
421 (b) The operator was awarded a United States Department of
422 Education Charter School Program Grant for Replication and
423 Expansion of High-Quality Charter Schools within the preceding 3
424 years before applying to be a hope operator;
425 (c) The operator receives funding through the National Fund
426 of the Charter School Growth Fund to accelerate the growth of
427 the nation’s best charter schools; or
428 (d) The operator is selected by a district school board in
429 accordance with s. 1008.33.
431 An entity that meets the requirements of paragraph (b),
432 paragraph (c), or paragraph (d) before the adoption by the state
433 board of measurable criteria pursuant to paragraph (a) shall be
434 designated as a hope operator. After the adoption of the
435 measurable criteria, an entity, including a governing board that
436 operates a school established pursuant to s. 1008.33(4)(b)3.b.
437 s. 1008.33(4)(b)3., shall be designated as a hope operator if it
438 meets the criteria of paragraph (a).
439 (4) ESTABLISHMENT OF SCHOOLS OF HOPE.—A hope operator
440 seeking to open a school of hope must submit a notice of intent
441 to the school district in which a persistently low-performing
442 school has been identified by the State Board of Education
443 pursuant to subsection (10).
444 (a) The notice of intent must include all of the following:
445 1. An academic focus and plan.
446 2. A financial plan.
447 3. Goals and objectives for increasing student achievement
448 for the students from low-income families.
449 4. A completed or planned community outreach plan.
450 5. The organizational history of success in working with
451 students with similar demographics.
452 6. The grade levels to be served and enrollment
454 7. The specific proposed location or geographic area
455 proposed for the school and its proximity to the persistently
456 low-performing school or the plan to use the district-owned
457 facilities of the persistently low-performing school.
458 8. A staffing plan.
459 9. An operations plan specifying the operator’s intent to
460 undertake the operations of the persistently low-performing
461 school in its entirety or through limited components of the
463 (5) PERFORMANCE-BASED AGREEMENT.—The following shall
464 comprise the entirety of the performance-based agreement:
465 (b) The location or geographic area proposed for the school
466 of hope and its proximity to the persistently low-performing
468 (f) (g) The grounds for termination, including failure to
469 meet the requirements for student performance established
470 pursuant to paragraph (d) (e), generally accepted standards of
471 fiscal management, or material violation of terms of the
472 agreement. The nonrenewal or termination of a performance-based
473 agreement must comply with the requirements of s. 1002.33(8).
474 (h) (i) A provision establishing the initial term as 5
475 years. The agreement must shall be renewed, upon the request of
476 the hope operator, unless the school fails to meet the
477 requirements for student performance established pursuant to
478 paragraph (d) (e) or generally accepted standards of fiscal
479 management or the school of hope materially violates the law or
480 the terms of the agreement.
481 (7) FACILITIES.—
482 (a)1. A school of hope that meets the definition under
483 subparagraph (1)(c)1. shall use facilities that comply with the
484 Florida Building Code, except for the State Requirements for
485 Educational Facilities. A school of hope that uses school
486 district facilities must comply with the State Requirements for
487 Educational Facilities only if the school district and the hope
488 operator have entered into a mutual management plan for the
489 reasonable maintenance of such facilities. The mutual management
490 plan shall contain a provision by which the district school
491 board agrees to maintain the school facilities in the same
492 manner as its other public schools within the district.
493 2. A school of hope that meets the definition under
494 subparagraph (1)(c)2. and that receives funds from the hope
495 supplemental services allocation under s. 1011.62(16) shall use
496 the district-owned facilities of the persistently low-performing
497 school that the school of hope operates. A school of hope that
498 uses district-owned facilities must enter into a mutual
499 management plan with the school district for the reasonable
500 maintenance of the facilities. The mutual management plan must
501 contain a provision specifying that the district school board
502 agrees to maintain the school facilities in the same manner as
503 other public schools within the district.
505 The local governing authority shall not adopt or impose any
506 local building requirements or site-development restrictions,
507 such as parking and site-size criteria, student enrollment, and
508 occupant load, that are addressed by and more stringent than
509 those found in the State Requirements for Educational Facilities
510 of the Florida Building Code. A local governing authority must
511 treat schools of hope equitably in comparison to similar
512 requirements, restrictions, and site planning processes imposed
513 upon public schools. The agency having jurisdiction for
514 inspection of a facility and issuance of a certificate of
515 occupancy or use shall be the local municipality or, if in an
516 unincorporated area, the county governing authority. If an
517 official or employee of the local governing authority refuses to
518 comply with this paragraph, the aggrieved school or entity has
519 an immediate right to bring an action in circuit court to
520 enforce its rights by injunction. An aggrieved party that
521 receives injunctive relief may be awarded reasonable attorney
522 fees and court costs.
523 (9) FUNDING.—
524 (a) Schools of hope shall be funded in accordance with s.
526 (b) Schools of hope shall receive priority in the
527 department’s Public Charter School Grant Program competitions.
528 (c) Schools of hope shall be considered charter schools for
529 purposes of s. 1013.62, except charter capital outlay may not be
530 used to purchase real property or for the construction of school
532 (d) Schools of hope that meet the definition under
533 subparagraph (1)(c)1. are eligible to receive funds from the
534 Schools of Hope Program.
535 (e) Schools of hope that meet the definition under
536 subparagraph (1)(c)2. are eligible to receive funds from the
537 hope supplemental services allocation established under s.
539 (10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program
540 is created within the Department of Education.
541 (b) A traditional public school that is required to submit
542 a plan for implementation pursuant to s. 1008.33(4) is eligible
543 to receive funding for services authorized up to $2,000 per
544 full-time equivalent student from the hope supplemental services
545 allocation established under s. 1011.62(16) Schools of Hope
546 Program based upon the strength of the school’s plan for
547 implementation and its focus on evidence-based interventions
548 that lead to student success by providing wrap-around services
549 that leverage community assets, improve school and community
550 collaboration, and develop family and community partnerships.
551 Wrap-around services include, but are not limited to, tutorial
552 and after-school programs, student counseling, nutrition
553 education, parental counseling, and adult education. Plans for
554 implementation may also include models that develop a culture of
555 attending college, high academic expectations, character
556 development, dress codes, and an extended school day and school
557 year. At a minimum, a plan for implementation must:
558 1. Establish wrap-around services that develop family and
559 community partnerships.
560 2. Establish clearly defined and measurable high academic
561 and character standards.
562 3. Increase parental involvement and engagement in the
563 child’s education.
564 4. Describe how the school district will identify, recruit,
565 retain, and reward instructional personnel. The state board may
566 waive the requirements of s. 1012.22(1)(c)5., and suspend the
567 requirements of s. 1012.34, to facilitate implementation of the
569 5. Identify a knowledge-rich curriculum that the school
570 will use that focuses on developing a student’s background
572 6. Provide professional development that focuses on
573 academic rigor, direct instruction, and creating high academic
574 and character standards.
575 (d) Notwithstanding s. 216.301 and pursuant to s. 216.351,
576 funds allocated for the purpose of this subsection which are not
577 disbursed by June 30 of the fiscal year in which the funds are
578 allocated may be carried forward for up to 5 years after the
579 effective date of the original appropriation.
580 (11) SCHOOLS OF HOPE MANAGEMENT.—A hope operator or the
581 owner of a school of hope may not serve as the principal of any
582 school that he or she manages.
583 Section 11. Section 1002.334, Florida Statutes, is created
584 to read:
585 1002.334 Franchise model schools.—
586 (1) As used in this section, the term “franchise model
587 school” means a persistently low-performing school, as defined
588 in s. 1002.333(1)(b), which is led by a highly effective
589 principal in addition to the principal’s currently assigned
590 school. If a franchise model school achieves a grade of “C” or
591 higher, the school may retain its status as a franchise model
592 school at the discretion of the school district.
593 (2) A school district that has one or more persistently
594 low-performing schools may use a franchise model school as a
595 school turnaround option pursuant to s. 1008.33(4)(b)4.
596 (3) A franchise model school principal:
597 (a) Must be rated as highly effective pursuant to s.
599 (b) May lead two or more schools, including a persistently
600 low-performing school or a school that was considered a
601 persistently low-performing school before becoming a franchise
602 model school;
603 (c) May allocate resources and personnel between the
604 schools under his or her administration; however, he or she must
605 expend hope supplemental services allocation funds, authorized
606 under s. 1011.62(16), at the franchise model school; and
607 (d) Is eligible to receive a Best and Brightest Principal
608 award under s. 1012.732.
609 Section 12. Paragraph (d) of subsection (2), paragraphs (d)
610 and (h) of subsection (5), subsection (8), and paragraph (a) of
611 subsection (11) of section 1002.385, Florida Statutes, are
612 amended to read:
613 1002.385 The Gardiner Scholarship.—
614 (2) DEFINITIONS.—As used in this section, the term:
615 (d) “Disability” means, for a 3- or 4-year-old child or for
616 a student in kindergarten to grade 12, autism spectrum disorder,
617 as defined in the Diagnostic and Statistical Manual of Mental
618 Disorders, Fifth Edition, published by the American Psychiatric
619 Association; cerebral palsy, as defined in s. 393.063(6); Down
620 syndrome, as defined in s. 393.063(15); an intellectual
621 disability, as defined in s. 393.063(24); Phelan-McDermid
622 syndrome, as defined in s. 393.063(28); Prader-Willi syndrome,
623 as defined in s. 393.063(29); spina bifida, as defined in s.
624 393.063(40); being a high-risk child, as defined in s.
625 393.063(23)(a); muscular dystrophy; Williams syndrome; a rare
626 disease, a disorder that affects diseases which affect patient
627 populations of fewer than 200,000 individuals or fewer in the
628 United States, as defined by the Orphan Drug Act of 1983, Pub.
629 L. No. 97-414 National Organization for Rare Disorders;
630 anaphylaxis; deaf; visually impaired; traumatic brain injured;
631 hospital or homebound; or identification as dual sensory
632 impaired, as defined by rules of the State Board of Education
633 and evidenced by reports from local school districts. The term
634 “hospital or homebound” includes a student who has a medically
635 diagnosed physical or psychiatric condition or illness, as
636 defined by the state board in rule, and who is confined to the
637 home or hospital for more than 6 months.
638 (5) AUTHORIZED USES OF PROGRAM FUNDS.—Program funds must be
639 used to meet the individual educational needs of an eligible
640 student and may be spent for the following purposes:
641 (d) Enrollment in, or tuition or fees associated with
642 enrollment in, a home education program, an eligible private
643 school, an eligible postsecondary educational institution or a
644 program offered by the institution, a private tutoring program
645 authorized under s. 1002.43, a virtual program offered by a
646 department-approved private online provider that meets the
647 provider qualifications specified in s. 1002.45(2)(a), the
648 Florida Virtual School as a private paying student, or an
649 approved online course offered pursuant to s. 1003.499 or s.
651 (h) Tuition and fees for part-time tutoring services
652 provided by a person who holds a valid Florida educator’s
653 certificate pursuant to s. 1012.56; a person who holds an
654 adjunct teaching certificate pursuant to s. 1012.57; or a person
655 who has demonstrated a mastery of subject area knowledge
656 pursuant to s. 1012.56(5). As used in this paragraph, the term
657 “part-time tutoring services” does not qualify as regular school
658 attendance as defined in s. 1003.01(13) s. 1003.01(13)(e).
660 A provider of any services receiving payments pursuant to this
661 subsection may not share, refund, or rebate any moneys from the
662 Gardiner Scholarship with the parent or participating student in
663 any manner. A parent, student, or provider of any services may
664 not bill an insurance company, Medicaid, or any other agency for
665 the same services that are paid for using Gardiner Scholarship
667 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
668 private school may be sectarian or nonsectarian and shall:
669 (a) Comply with all requirements for private schools
670 participating in state school choice scholarship programs
671 pursuant to s. 1002.421.
672 (b) Provide to the organization, upon request, all
673 documentation required for the student’s participation,
674 including the private school’s and student’s fee schedules.
675 (c) Be academically accountable to the parent for meeting
676 the educational needs of the student by:
677 1. At a minimum, annually providing to the parent a written
678 explanation of the student’s progress.
679 2. Annually administering or making provision for students
680 participating in the program in grades 3 through 10 to take one
681 of the nationally norm-referenced tests identified by the
682 Department of Education or the statewide assessments pursuant to
683 s. 1008.22. Students with disabilities for whom standardized
684 testing is not appropriate are exempt from this requirement. A
685 participating private school shall report a student’s scores to
686 the parent.
687 3. Cooperating with the scholarship student whose parent
688 chooses to have the student participate in the statewide
689 assessments pursuant to s. 1008.22 or, if a private school
690 chooses to offer the statewide assessments, administering the
691 assessments at the school.
692 a. A participating private school may choose to offer and
693 administer the statewide assessments to all students who attend
694 the private school in grades 3 through 10.
695 b. A participating private school shall submit a request in
696 writing to the Department of Education by March 1 of each year
697 in order to administer the statewide assessments in the
698 subsequent school year.
699 (d) Employ or contract with teachers who have regular and
700 direct contact with each student receiving a scholarship under
701 this section at the school’s physical location.
702 (e) Provide a report from an independent certified public
703 accountant who performs the agreed-upon procedures developed
704 under s. 1002.395(6)(o) if the private school receives more than
705 $250,000 in funds from scholarships awarded under this chapter
706 section in a state fiscal year. A private school subject to this
707 paragraph must annually submit the report by September 15 to the
708 organization that awarded the majority of the school’s
709 scholarship funds. The agreed-upon procedures must be conducted
710 in accordance with attestation standards established by the
711 American Institute of Certified Public Accountants.
713 If a private school fails or refuses is unable to meet the
714 requirements of this subsection or has consecutive years of
715 material exceptions listed in the report required under
716 paragraph (e), the commissioner may determine that the private
717 school is ineligible to participate in the program.
718 (11) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
719 PARTICIPATION.—A parent who applies for program participation
720 under this section is exercising his or her parental option to
721 determine the appropriate placement or the services that best
722 meet the needs of his or her child. The scholarship award for a
723 student is based on a matrix that assigns the student to support
724 Level III services. If a parent receives an IEP and a matrix of
725 services from the school district pursuant to subsection (7),
726 the amount of the payment shall be adjusted as needed, when the
727 school district completes the matrix.
728 (a) To satisfy or maintain program eligibility, including
729 eligibility to receive and spend program payments, the parent
730 must sign an agreement with the organization and annually submit
731 a notarized, sworn compliance statement to the organization to:
732 1. Affirm that the student is enrolled in a program that
733 meets regular school attendance requirements as provided in s.
734 1003.01(13)(b) or (c) s. 1003.01(13)(b)-(d).
735 2. Affirm that the program funds are used only for
736 authorized purposes serving the student’s educational needs, as
737 described in subsection (5).
738 3. Affirm that the parent is responsible for the education
739 of his or her student by, as applicable:
740 a. Requiring the student to take an assessment in
741 accordance with paragraph (8)(c);
742 b. Providing an annual evaluation in accordance with s.
743 1002.41(1)(c); or
744 c. Requiring the child to take any preassessments and
745 postassessments selected by the provider if the child is 4 years
746 of age and is enrolled in a program provided by an eligible
747 Voluntary Prekindergarten Education Program provider. A student
748 with disabilities for whom a preassessment and postassessment is
749 not appropriate is exempt from this requirement. A participating
750 provider shall report a student’s scores to the parent.
751 4. Affirm that the student remains in good standing with
752 the provider or school if those options are selected by the
755 A parent who fails to comply with this subsection forfeits the
756 Gardiner Scholarship.
757 Section 13. Subsection (3), paragraph (f) of subsection
758 (6), and subsection (8) of section 1002.39, Florida Statutes,
759 are amended to read:
760 1002.39 The John M. McKay Scholarships for Students with
761 Disabilities Program.—There is established a program that is
762 separate and distinct from the Opportunity Scholarship Program
763 and is named the John M. McKay Scholarships for Students with
764 Disabilities Program.
765 (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.—A student is
766 not eligible for a John M. McKay Scholarship:
767 (a) While he or she is enrolled in a school operating for
768 the purpose of providing educational services to youth in
769 Department of Juvenile Justice commitment programs;
770 (b) While he or she is receiving a Florida tax credit
771 scholarship under s. 1002.395;
772 (c) While he or she is receiving an educational scholarship
773 pursuant to this chapter;
774 (d) While he or she is participating in a home education
775 program as defined in s. 1002.01(1);
776 (e) While he or she is participating in a private tutoring
777 program pursuant to s. 1002.43;
778 (e) (f) While he or she is participating in a virtual
779 school, correspondence school, or distance learning program that
780 receives state funding pursuant to the student’s participation
781 unless the participation is limited to no more than two courses
782 per school year;
783 (f) (g) While he or she is enrolled in the Florida School
784 for the Deaf and the Blind;
785 (g) (h) While he or she is not having regular and direct
786 contact with his or her private school teachers at the school’s
787 physical location unless he or she is enrolled in the private
788 school’s transition-to-work program pursuant to subsection (10);
790 (h) (i) If he or she has been issued a temporary 504
791 accommodation plan under s. 504 of the Rehabilitation Act of
792 1973 which is valid for 6 months or less.
793 (6) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
795 (f)1. Conduct random site visits to private schools
796 participating in the John M. McKay Scholarships for Students
797 with Disabilities Program as authorized under s. 1002.421(7).
798 The purposes purpose of the site visits are is solely to verify
799 compliance with the provisions of subsection (7) aimed at
800 protecting the health, safety, and welfare of students and to
801 verify the information reported by the schools concerning the
802 enrollment and attendance of students, the credentials of
803 teachers, background screening of teachers, and teachers’
804 fingerprinting results, which information is required by rules
805 of the State Board of Education, subsection (8), and s.
806 1002.421. The Department of Education may not make followup more
807 than three random site visits at any time to any school that has
808 received a notice of noncompliance or a notice of proposed
809 action within the previous 2 years pursuant to subsection (7)
810 each year and may not make more than one random site visit each
811 year to the same private school.
812 2. Annually, by December 15, report to the Governor, the
813 President of the Senate, and the Speaker of the House of
814 Representatives the Department of Education’s actions with
815 respect to implementing accountability in the scholarship
816 program under this section and s. 1002.421, any substantiated
817 allegations or violations of law or rule by an eligible private
818 school under this program concerning the enrollment and
819 attendance of students, the credentials of teachers, background
820 screening of teachers, and teachers’ fingerprinting results and
821 the corrective action taken by the Department of Education.
822 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
823 eligible to participate in the John M. McKay Scholarships for
824 Students with Disabilities Program, a private school may be
825 sectarian or nonsectarian and must:
826 (a) Comply with all requirements for private schools
827 participating in state school choice scholarship programs
828 pursuant to s. 1002.421.
829 (b) Provide to the department all documentation required
830 for a student’s participation, including the private school’s
831 and student’s fee schedules, at least 30 days before any
832 quarterly scholarship payment is made for the student pursuant
833 to paragraph (11)(e). A student is not eligible to receive a
834 quarterly scholarship payment if the private school fails to
835 meet this deadline.
836 (c) Be academically accountable to the parent for meeting
837 the educational needs of the student by:
838 1. At a minimum, annually providing to the parent a written
839 explanation of the student’s progress.
840 2. Cooperating with the scholarship student whose parent
841 chooses to participate in the statewide assessments pursuant to
842 s. 1008.22.
843 (d) Maintain in this state a physical location where a
844 scholarship student regularly attends classes.
845 (e) If the private school that participates in a state
846 scholarship program under this chapter receives more than
847 $250,000 in funds from scholarships awarded under chapter 1002
848 in a state fiscal year, provide an annual report from an
849 independent certified public accountant who performs the agreed
850 upon procedures developed under s. 1002.395(6)(o). Such a
851 private school must annually submit the required report by
852 September 15 to the organization that awarded the majority of
853 the school’s scholarship funds. The agreed-upon procedures must
854 be conducted in accordance with attestation standards
855 established by the American Institute of Certified Public
858 The failure or refusal inability of a private school to meet the
859 requirements of this subsection shall constitute a basis for the
860 ineligibility of the private school to participate in the
861 scholarship program as determined by the department.
862 Section 14. Subsection (4), paragraph (o) of subsection
863 (6), subsection (8), and paragraph (n) of subsection (9) of
864 section 1002.395, Florida Statutes, are amended to read:
865 1002.395 Florida Tax Credit Scholarship Program.—
866 (4) SCHOLARSHIP PROHIBITIONS.—A student is not eligible for
867 a scholarship while he or she is:
868 (a) Enrolled in a school operating for the purpose of
869 providing educational services to youth in Department of
870 Juvenile Justice commitment programs;
871 (b) Receiving a scholarship from another eligible nonprofit
872 scholarship-funding organization under this section;
873 (c) Receiving an educational scholarship pursuant to
874 chapter 1002;
875 (d) Participating in a home education program as defined in
876 s. 1002.01(1);
877 (e) Participating in a private tutoring program pursuant to
878 s. 1002.43;
879 (e) (f) Participating in a virtual school, correspondence
880 school, or distance learning program that receives state funding
881 pursuant to the student’s participation unless the participation
882 is limited to no more than two courses per school year; or
883 (f) (g) Enrolled in the Florida School for the Deaf and the
885 (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
886 ORGANIZATIONS.—An eligible nonprofit scholarship-funding
888 (o)1.a. Must participate in the joint development of
889 agreed-upon procedures to be performed by an independent
890 certified public accountant as required under paragraph (8)(e)
891 if the scholarship-funding organization provided more than
892 $250,000 in scholarship funds to an eligible private school
893 under this chapter section during the 2009-2010 state fiscal
894 year. The agreed-upon procedures must uniformly apply to all
895 private schools and must determine, at a minimum, whether the
896 private school has been verified as eligible by the Department
897 of Education under paragraph (9)(c); has an adequate accounting
898 system, system of financial controls, and process for deposit
899 and classification of scholarship funds; and has properly
900 expended scholarship funds for education-related expenses.
901 During the development of the procedures, the participating
902 scholarship-funding organizations shall specify guidelines
903 governing the materiality of exceptions that may be found during
904 the accountant’s performance of the procedures. The procedures
905 and guidelines shall be provided to private schools and the
906 Commissioner of Education by March 15, 2011.
907 b. Must participate in a joint review of the agreed-upon
908 procedures and guidelines developed under sub-subparagraph a.,
909 by February 2013 and biennially thereafter, if the scholarship
910 funding organization provided more than $250,000 in scholarship
911 funds to an eligible private school under this chapter section
912 during the state fiscal year preceding the biennial review. If
913 the procedures and guidelines are revised, the revisions must be
914 provided to private schools and the Commissioner of Education by
915 March 15, 2013, and biennially thereafter.
916 c. Must monitor the compliance of a private school with
917 paragraph (8)(e) if the scholarship-funding organization
918 provided the majority of the scholarship funding to the school.
919 For each private school subject to paragraph (8)(e), the
920 appropriate scholarship-funding organization shall notify the
921 Commissioner of Education by October 30, 2011, and annually
922 thereafter of:
923 (I) A private school’s failure to submit a report required
924 under paragraph (8)(e); or
925 (II) Any material exceptions set forth in the report
926 required under paragraph (8)(e).
927 2. Must seek input from the accrediting associations that
928 are members of the Florida Association of Academic Nonpublic
929 Schools when jointly developing the agreed-upon procedures and
930 guidelines under sub-subparagraph 1.a. and conducting a review
931 of those procedures and guidelines under sub-subparagraph 1.b.
933 Information and documentation provided to the Department of
934 Education and the Auditor General relating to the identity of a
935 taxpayer that provides an eligible contribution under this
936 section shall remain confidential at all times in accordance
937 with s. 213.053.
938 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
939 private school may be sectarian or nonsectarian and must:
940 (a) Comply with all requirements for private schools
941 participating in state school choice scholarship programs
942 pursuant to s. 1002.421.
943 (b) Provide to the eligible nonprofit scholarship-funding
944 organization, upon request, all documentation required for the
945 student’s participation, including the private school’s and
946 student’s fee schedules.
947 (c) Be academically accountable to the parent for meeting
948 the educational needs of the student by:
949 1. At a minimum, annually providing to the parent a written
950 explanation of the student’s progress.
951 2. Annually administering or making provision for students
952 participating in the scholarship program in grades 3 through 10
953 to take one of the nationally norm-referenced tests identified
954 by the Department of Education or the statewide assessments
955 pursuant to s. 1008.22. Students with disabilities for whom
956 standardized testing is not appropriate are exempt from this
957 requirement. A participating private school must report a
958 student’s scores to the parent. A participating private school
959 must annually report by August 15 the scores of all
960 participating students to the Learning System Institute
961 described in paragraph (9)(j).
962 3. Cooperating with the scholarship student whose parent
963 chooses to have the student participate in the statewide
964 assessments pursuant to s. 1008.22 or, if a private school
965 chooses to offer the statewide assessments, administering the
966 assessments at the school.
967 a. A participating private school may choose to offer and
968 administer the statewide assessments to all students who attend
969 the private school in grades 3 through 10.
970 b. A participating private school must submit a request in
971 writing to the Department of Education by March 1 of each year
972 in order to administer the statewide assessments in the
973 subsequent school year.
974 (d) Employ or contract with teachers who have regular and
975 direct contact with each student receiving a scholarship under
976 this section at the school’s physical location.
977 (e) Provide a report from an independent certified public
978 accountant who performs the agreed-upon procedures developed
979 under paragraph (6)(o) if the private school receives more than
980 $250,000 in funds from scholarships awarded under this chapter
981 section in a state fiscal year. A private school subject to this
982 paragraph must annually submit the report by September 15 to the
983 scholarship-funding organization that awarded the majority of
984 the school’s scholarship funds. The agreed-upon procedures must
985 be conducted in accordance with attestation standards
986 established by the American Institute of Certified Public
989 If a private school fails or refuses is unable to meet the
990 requirements of this subsection or has consecutive years of
991 material exceptions listed in the report required under
992 paragraph (e), the commissioner may determine that the private
993 school is ineligible to participate in the scholarship program
994 as determined by the Department of Education.
995 (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The Department of
996 Education shall:
997 (n)1. Conduct site visits to private schools participating
998 in the Florida Tax Credit Scholarship Program as authorized
999 under s. 1002.421(7). The purposes purpose of the site visits
1000 are is solely to verify compliance with the provisions of
1001 subsection (11) aimed at protecting the health, safety, and
1002 welfare of students and to verify the information reported by
1003 the schools concerning the enrollment and attendance of
1004 students, the credentials of teachers, background screening of
1005 teachers, and teachers’ fingerprinting results. The Department
1006 of Education may not make more than seven site visits each year;
1007 however, The department may make followup additional site visits
1008 at any time to any school that, pursuant to subsection (11), has
1009 received a notice of noncompliance or a notice of proposed
1010 action within the previous 2 years.
1011 2. Annually, by December 15, report to the Governor, the
1012 President of the Senate, and the Speaker of the House of
1013 Representatives the Department of Education’s actions with
1014 respect to implementing accountability in the scholarship
1015 program under this section and s. 1002.421, any substantiated
1016 allegations or violations of law or rule by an eligible private
1017 school under this program concerning the enrollment and
1018 attendance of students, the credentials of teachers, background
1019 screening of teachers, and teachers’ fingerprinting results and
1020 the corrective action taken by the Department of Education.
1021 Section 15. Section 1002.40, Florida Statutes, is created
1022 to read:
1023 1002.40 The Hope Scholarship Program.—
1024 (1) PURPOSE.—The Hope Scholarship Program is established to
1025 provide the parent of a public school student who was the victim
1026 of a substantiated incident of violence or abuse, as listed in
1027 subsection (3), an opportunity to transfer the student to
1028 another public school that has capacity or to request and
1029 receive a scholarship for the student to enroll in and attend an
1030 eligible private school.
1031 (2) DEFINITIONS.—As used in this section, the term:
1032 (a) “Department” means the Department of Education.
1033 (b) “Eligible contribution” or “contribution” means a
1034 monetary contribution from a person required to pay sales and
1035 use tax on the purchase or acquisition of a motor vehicle,
1036 subject to the restrictions provided in this section, to an
1037 eligible nonprofit scholarship-funding organization. The
1038 taxpayer making the contribution may not designate a specific
1039 student as the beneficiary of the contribution.
1040 (c) “Eligible nonprofit scholarship-funding organization”
1041 or “organization” has the same meaning as provided in s.
1042 1002.395(2)(f), as determined by the department.
1043 (d) “Eligible private school” has the same meaning as
1044 provided in s. 1002.395(2)(g), as determined by the department.
1045 (e) “Motor vehicle” has the same meaning as provided in s.
1046 320.01(1)(a), but does not include heavy trucks, truck tractors,
1047 trailers, and motorcycles.
1048 (f) “Parent” means a resident of this state who is a
1049 parent, as defined in s. 1000.21, and whose public school
1050 student was the victim of a reported incident, as listed in
1051 subsection (3).
1052 (g) “Principal” means the principal or his or her designee.
1053 (h) “Program” means the Hope Scholarship Program.
1054 (i) “School” includes any educational program or activity
1055 conducted by a public K-12 educational institution, any school
1056 related or school-sponsored program or activity, and riding on a
1057 school bus, as defined in s. 1006.25(1), including waiting at a
1058 school bus stop.
1059 (j) “Unweighted FTE funding amount” means the statewide
1060 average total funds per unweighted full-time equivalent funding
1061 amount that is incorporated by reference in the General
1062 Appropriations Act for the applicable state fiscal year.
1063 (3) PROGRAM ELIGIBILITY.—Beginning with the 2018-2019
1064 school year, contingent upon available funds, and on a first
1065 come, first-served basis, a student enrolled full time in a
1066 Florida public school in kindergarten through grade 12 is
1067 eligible for a scholarship under this program if all of the
1068 following conditions are met:
1069 (a) The student is the victim of a substantiated incident
1070 of battery; harassment; hazing; bullying; kidnapping; physical
1071 attack; robbery; sexual offenses, harassment, assault, or
1072 battery; threat or intimidation; or fighting at school.
1073 (b) The incident is formally reported by the victim or the
1074 victim’s parent to the principal.
1075 (c) Through an investigation, the principal finds that the
1076 incident is substantiated.
1077 (d) The principal’s investigation remains open or the
1078 district’s resolution of issues related to the incident remain
1079 unresolved after timely notification, deliberative evaluation,
1080 and 30 days of responsible and appropriate action taken in
1081 accordance with paragraph (5)(a).
1082 (4) PROGRAM PROHIBITIONS.—Payment of a scholarship may not
1083 be made if a student is:
1084 (a) Enrolled in a public school, including, but not limited
1085 to, the Florida School for the Deaf and the Blind; the College
1086 Preparatory Boarding Academy; the Florida Virtual School; a
1087 developmental research school authorized under s. 1002.32; or a
1088 charter school authorized under s. 1002.33, s. 1002.331, s.
1089 1002.332, or s. 1002.333;
1090 (b) Enrolled in a school operating for the purpose of
1091 providing educational services to youth in the Department of
1092 Juvenile Justice commitment programs;
1093 (c) Participating in a virtual school, correspondence
1094 school, or distance learning program that receives state funding
1095 pursuant to the student’s participation unless the participation
1096 is limited to no more than two courses per school year;
1097 (d) Receiving any other educational scholarship pursuant to
1098 this chapter; or
1099 (e) Participating in a home education program, as defined
1100 in s. 1002.01.
1101 (5) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—
1102 (a)1. Within 24 hours after receipt of a formal report of
1103 an incident listed in subsection (3)(a), the principal shall
1104 provide a copy of the report to the victim’s parent and the
1105 alleged offender’s parent. The report must include a statement
1106 of the expected investigative actions and the timeline for
1107 reporting the outcome of the investigation. Within 24 hours
1108 after receipt of the formal report, the principal must also
1109 provide the superintendent with a copy of the report and
1110 verification that the parents of the victim and the alleged
1111 offender have been provided a copy of the incident report and
1112 other required information.
1113 2. In accordance with s. 1006.09, the principal must
1114 investigate the incident to determine if the incident is
1115 substantiated or unsubstantiated, and if the incident must be
1116 reported. The principal may, at his or her discretion, determine
1117 the extent to which each student was engaged in instigating,
1118 initiating, or reacting to a physical altercation, and may
1119 consider such information when evaluating and determining
1120 appropriate disciplinary actions and investigation outcomes.
1121 3. During the investigation period, the principal and the
1122 superintendent shall take all necessary actions to continue the
1123 educational services of students involved in the reported
1124 incident while taking every reasonable precaution to keep the
1125 alleged offender separated from the victim or any sibling of the
1126 victim while on school grounds or on school transportation,
1127 pursuant to ss. 1006.09, 1006.13, and 1006.147, as appropriate.
1128 4. Upon the principal’s determination that an alleged
1129 incident is unsubstantiated or the resolution of issues related
1130 to a substantiated incident or within 15 days after the incident
1131 was reported, whichever occurs first, the principal must report
1132 to the victim’s parent and the alleged offender’s parent the
1133 findings, outcome, or status of the investigation. The principal
1134 shall continue to provide such reports to the parents at least
1135 every 15 days until the investigation concludes and issues
1136 associated with the incident are resolved.
1137 5. If the principal’s investigation into the incident
1138 remains open more than 30 days after the date a substantiated
1139 incident was reported or issues associated with the incident
1140 remain unresolved, the school district, in accordance with the
1141 school district’s code of student conduct, shall:
1142 a. Notify the victim’s parent of the availability of the
1143 program and offer that parent an opportunity to enroll his or
1144 her student in another public school or to request and receive a
1145 scholarship to attend an eligible private school, subject to
1146 available funding; and
1147 b. Provide the victim’s parent with a written notification
1148 of the result of the principal’s investigation of the alleged
1149 incident. The parent must provide such notification to the
1150 scholarship-funding organization that verifies the student’s
1152 6. To facilitate timely, appropriate, and fiscally
1153 accountable scholarship payments, school districts must report
1154 and verify student enrollment information during and outside of
1155 regular FTE student enrollment survey periods, as requested by
1156 the department pursuant to paragraph (7)(d).
1157 (b)1. A parent who, pursuant to s. 1002.31, chooses to
1158 enroll his or her student in a Florida public school located
1159 outside the district in which the student resides shall be
1160 eligible for a scholarship under paragraph (11)(b) to transport
1161 the student.
1162 2. For each student participating in the program in a
1163 private school who chooses to participate in the statewide
1164 assessments under s. 1008.22 or the Florida Alternate
1165 Assessment, the school district in which the student resides
1166 must notify the student and his or her parent about the
1167 locations and times to take all statewide assessments.
1168 (6) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
1169 private school may be sectarian or nonsectarian and shall:
1170 (a) Meet the definition of a private school in s. 1002.01
1171 and comply with all requirements for private schools
1172 participating in state school choice scholarship programs
1173 pursuant to this section and s. 1002.421.
1174 (b) Provide to the organization and the department, upon
1175 request, all documentation required for the student’s
1176 participation, including, but not limited to, the private
1177 school’s and the student’s fee schedules.
1178 (c) Be academically accountable to the parent for meeting
1179 the educational needs of the student by:
1180 1. At a minimum, annually providing to the parent a written
1181 explanation of the student’s progress.
1182 2. Annually administering or making provision for students
1183 participating in the program in grades 3 through 10 to take one
1184 of the nationally norm-referenced tests identified by the
1185 department or the statewide assessments pursuant to s. 1008.22.
1186 Students with disabilities for whom standardized testing is not
1187 appropriate are exempt from this requirement. A participating
1188 private school shall report a student’s scores to his or her
1190 3. Cooperating with the student whose parent chooses to
1191 have the student participate in the statewide assessments
1192 pursuant to s. 1008.22 or, if a private school chooses to offer
1193 the statewide assessments, administering the assessments at the
1195 a. A participating private school may choose to offer and
1196 administer the statewide assessments to all students who attend
1197 the private school in grades 3 through 10.
1198 b. A participating private school shall submit a request in
1199 writing to the department by March 1 of each year in order to
1200 administer the statewide assessments in the subsequent school
1202 (d) Employ or contract with teachers who have regular and
1203 direct contact with each student receiving a scholarship under
1204 this section at the school’s physical location.
1205 (e) Maintain in this state a physical location where a
1206 scholarship student regularly attends classes.
1207 (f) Provide a report from an independent certified public
1208 accountant who performs the agreed-upon procedures developed
1209 under s. 1002.395(6)(o) if the private school receives more than
1210 $250,000 in funds from scholarships awarded under this section
1211 in a state fiscal year. A private school subject to this
1212 paragraph must annually submit the report by September 15 to the
1213 organization that awarded the majority of the school’s
1214 scholarship funds. The agreed-upon procedures must be conducted
1215 in accordance with attestation standards established by the
1216 American Institute of Certified Public Accountants.
1218 The failure of a private school to meet the requirements of this
1219 subsection constitutes a basis for the ineligibility of the
1220 private school to participate in the program, as determined by
1221 the department.
1222 (7) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
1224 (a) Establish a toll-free hotline that provides parents and
1225 private schools with information on participation in the
1227 (b) Annually verify the eligibility of private schools that
1228 meet the requirements of subsection (6).
1229 (c) Require an annual notarized and sworn compliance
1230 statement by participating private schools certifying compliance
1231 with state laws and retain such records.
1232 (d) Cross-check the list of participating students with the
1233 public school enrollment lists and participation lists in other
1234 scholarship programs established under this chapter before each
1235 scholarship payment to avoid duplication.
1236 (e) Maintain a list of nationally norm-referenced tests
1237 identified for purposes of satisfying the testing requirement in
1238 paragraph (9)(f). The tests must meet industry standards of
1239 quality in accordance with State Board of Education rule.
1240 (f) Require quarterly reports by an eligible nonprofit
1241 scholarship-funding organization regarding the number of
1242 students participating in the scholarship program, the private
1243 schools in which the students are enrolled, and other
1244 information deemed necessary by the department.
1245 (g) Contract with an independent entity to provide an
1246 annual evaluation of the program by:
1247 1. Reviewing the school climate and code of student conduct
1248 of each public school that reported the occurrence of a monthly
1249 average of 10 or more substantiated incidents to determine areas
1250 in the school or school district procedures involving reporting,
1251 investigating, and communicating a parent’s and student’s rights
1252 which are in need of improvement. At a minimum, the review must
1254 a. An assessment of the investigation time and quality of
1255 the response of the school and the school district;
1256 b. An assessment of the effectiveness of communication
1257 procedures with the students involved in an incident, the
1258 students’ parents, and the school and school district personnel;
1259 c. An analysis of school incident and discipline data; and
1260 d. The challenges and obstacles relating to implementing
1261 recommendations from this review.
1262 2. Reviewing the school climate and code of student conduct
1263 of each public school a student transferred to if the student
1264 was from a school identified in subparagraph 1. in order to
1265 identify best practices and make recommendations to a public
1266 school at which the incidents occurred.
1267 3. Reviewing the performance of participating students
1268 enrolled in a private school in which the majority of the
1269 school’s total enrolled students in the prior school year
1270 participated in one or more scholarship programs, as defined in
1271 s. 1002.01, in which there are at least 10 participating
1272 students who have scores for tests administered; and reviewing
1273 the school climate and code of student conduct of the private
1274 school if one or more scholarship participants were involved in
1275 a reported incident at the school during the prior school year.
1276 4. Surveying the parents of participating students to
1277 determine academic, safety, and school climate satisfaction and
1278 to identify any challenges or obstacles in addressing the
1279 incident or relating to the use of the scholarship.
1280 (h) Upon the request of a participating private school,
1281 provide at no cost to the school the statewide assessments
1282 administered under s. 1008.22 and any related materials for
1283 administering the assessments. Students at a private school may
1284 be assessed using the statewide assessments if the addition of
1285 those students and the school does not cause the state to exceed
1286 its contractual caps for the number of students tested and the
1287 number of testing sites. The state shall provide the same
1288 materials and support to a private school that it provides to a
1289 public school. A private school that chooses to administer
1290 statewide assessments under s. 1008.22 shall follow the
1291 requirements set forth in ss. 1008.22 and 1008.24, rules adopted
1292 by the State Board of Education to implement those sections, and
1293 district-level testing policies established by the district
1294 school board.
1295 (i) Establish a process by which individuals may notify the
1296 department of any violation by a parent, private school, or
1297 school district of state laws relating to program participation.
1298 The department shall conduct an inquiry or make a referral to
1299 the appropriate agency for an investigation of any written
1300 complaint of a violation of this section if the complaint is
1301 signed by the complainant and is legally sufficient. A complaint
1302 is legally sufficient if such complaint contains ultimate facts
1303 that show that a violation of this section or any rule adopted
1304 by the State Board of Education pursuant to this section has
1305 occurred. In order to determine legal sufficiency, the
1306 department may require supporting information or documentation
1307 from the complainant. A department inquiry is not subject to the
1308 requirements of chapter 120.
1309 (j)1. Conduct site visits to participating private schools.
1310 The purpose of the site visits is solely to verify the
1311 information reported by the schools concerning the enrollment
1312 and attendance of students, the credentials of teachers,
1313 background screening of teachers, teachers’ fingerprinting
1314 results, and other conditions required pursuant to s. 1002.421
1315 and this section. The department may not make more than seven
1316 site visits each year; however, the department may make
1317 additional site visits at any time to a school that is the
1318 subject of a violation complaint submitted pursuant to paragraph
1319 (i), is identified by an organization for a known or suspected
1320 violation, or has received a notice of noncompliance or a notice
1321 of proposed action within the current year or the previous 2
1323 2. Annually, by December 15, report to the Governor, the
1324 President of the Senate, and the Speaker of the House of
1325 Representatives the department’s actions with respect to
1326 implementing accountability in the program under this section
1327 and s. 1002.421, any substantiated allegations or violations of
1328 law or rule by an eligible private school under this program,
1329 and the corrective action taken by the department.
1330 (8) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.—
1331 (a) The Commissioner of Education:
1332 1. Shall deny, suspend, or revoke a private school’s
1333 participation in the program if it is determined that the
1334 private school has failed to comply with the provisions of this
1335 section. However, if the noncompliance is correctable within a
1336 reasonable amount of time and if the health, safety, or welfare
1337 of the students is not threatened, the commissioner may issue a
1338 notice of noncompliance which provides the private school with a
1339 timeframe within which to provide evidence of compliance before
1340 taking action to suspend or revoke the private school’s
1341 participation in the program.
1342 2. May deny, suspend, or revoke a private school’s
1343 participation in the program if the commissioner determines that
1344 an owner or operator of the private school is operating or has
1345 operated an educational institution in this state or in another
1346 state or jurisdiction in a manner contrary to the health,
1347 safety, or welfare of the public.
1348 a. In making such a determination, the commissioner may
1349 consider factors that include, but are not limited to, acts or
1350 omissions by an owner or operator which led to a previous denial
1351 or revocation of participation in an education scholarship
1352 program; an owner’s or operator’s failure to reimburse the
1353 department for scholarship funds improperly received or retained
1354 by a school; imposition of a prior criminal sanction related to
1355 an owner’s or operator’s management or operation of an
1356 educational institution; imposition of a civil fine or
1357 administrative fine, license revocation or suspension, or
1358 program eligibility suspension, termination, or revocation
1359 related to an owner’s or operator’s management or operation of
1360 an educational institution; or other types of criminal
1361 proceedings in which an owner or operator was found guilty of,
1362 regardless of adjudication, or entered a plea of nolo contendere
1363 or guilty to, any offense involving fraud, deceit, dishonesty,
1364 or moral turpitude.
1365 b. For purposes of this subparagraph, the term “owner or
1366 operator” includes an owner, operator, superintendent, or
1367 principal of, or a person who has equivalent decisionmaking
1368 authority over, a private school participating in the
1369 scholarship program.
1370 (b) The commissioner’s determination is subject to the
1372 1. If the commissioner intends to deny, suspend, or revoke
1373 a private school’s participation in the program, the department
1374 shall notify the private school of such proposed action in
1375 writing by certified mail and regular mail to the private
1376 school’s address of record with the department. The notification
1377 shall include the reasons for the proposed action and notice of
1378 the timelines and procedures set forth in this paragraph.
1379 2. The private school that is adversely affected by the
1380 proposed action shall have 15 days after receipt of the notice
1381 of proposed action to file with the department’s agency clerk a
1382 request for a proceeding pursuant to ss. 120.569 and 120.57. If
1383 the private school is entitled to a hearing under s. 120.57(1),
1384 the department shall refer the request to the Division of
1385 Administrative Hearings.
1386 3. Upon receipt of a request referred pursuant to this
1387 paragraph, the director of the Division of Administrative
1388 Hearings shall expedite the hearing and assign an administrative
1389 law judge who shall commence a hearing within 30 days after the
1390 receipt of the formal written request by the division and enter
1391 a recommended order within 30 days after the hearing or within
1392 30 days after receipt of the hearing transcript, whichever is
1393 later. Each party shall be allowed 10 days in which to submit
1394 written exceptions to the recommended order. A final order shall
1395 be entered by the agency within 30 days after the entry of a
1396 recommended order. The provisions of this subparagraph may be
1397 waived upon stipulation by all parties.
1398 (c) The commissioner may immediately suspend payment of
1399 scholarship funds if it is determined that there is probable
1400 cause to believe that there is:
1401 1. An imminent threat to the health, safety, or welfare of
1402 the students; or
1403 2. Fraudulent activity on the part of the private school.
1404 Notwithstanding s. 1002.22, in incidents of alleged fraudulent
1405 activity pursuant to this section, the department’s Office of
1406 Inspector General is authorized to release personally
1407 identifiable records or reports of students to the following
1408 persons or organizations:
1409 a. A court of competent jurisdiction in compliance with an
1410 order of that court or the attorney of record in accordance with
1411 a lawfully issued subpoena, consistent with the Family
1412 Educational Rights and Privacy Act, 20 U.S.C. s. 1232g.
1413 b. A person or entity authorized by a court of competent
1414 jurisdiction in compliance with an order of that court or the
1415 attorney of record pursuant to a lawfully issued subpoena,
1416 consistent with the Family Educational Rights and Privacy Act,
1417 20 U.S.C. s. 1232g.
1418 c. Any person, entity, or authority issuing a subpoena for
1419 law enforcement purposes when the court or other issuing agency
1420 has ordered that the existence or the contents of the subpoena
1421 or the information furnished in response to the subpoena not be
1422 disclosed, consistent with the Family Educational Rights and
1423 Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31.
1425 The commissioner’s suspension of payment pursuant to this
1426 paragraph may be appealed pursuant to the same procedures and
1427 timelines as the notice of proposed action set forth in
1428 paragraph (b).
1429 (9) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
1430 PARTICIPATION.—A parent who applies for a Hope Scholarship is
1431 exercising his or her parental option to place his or her
1432 student in an eligible private school.
1433 (a) The parent must select an eligible private school and
1434 apply for the admission of his or her student.
1435 (b) The parent must inform the student’s school district
1436 when the parent withdraws his or her student to attend an
1437 eligible private school.
1438 (c) Any student participating in the program must comply
1439 with the regular attendance requirements of s. 1003.01(13) and
1440 remain in attendance throughout the school year unless excused
1441 by the school for illness or other good cause.
1442 (d) Each parent and each student has an obligation to the
1443 private school to comply with the private school’s published
1445 (e) Upon reasonable notice to the department and the school
1446 district, the parent may remove the student from the private
1447 school and place the student in a public school in accordance
1448 with this section.
1449 (f) The parent must ensure that the student participating
1450 in the program takes the norm-referenced assessment offered by
1451 the private school. The parent may also choose to have the
1452 student participate in the statewide assessments pursuant to s.
1453 1008.22. If the parent requests that the student participating
1454 in the program take the statewide assessments pursuant to s.
1455 1008.22 and the private school has not chosen to offer and
1456 administer the statewide assessments, the parent is responsible
1457 for transporting the student to the assessment site designated
1458 by the school district.
1459 (g) Upon receipt of a scholarship warrant, the parent to
1460 whom the warrant is made must restrictively endorse the warrant
1461 to the private school for deposit into the account of the
1462 private school. The parent may not designate any entity or
1463 individual associated with the participating private school as
1464 the parent’s attorney in fact to endorse a scholarship warrant.
1465 A parent who fails to comply with this paragraph forfeits the
1467 (10) OBLIGATIONS OF NONPROFIT SCHOLARSHIP-FUNDING
1468 ORGANIZATIONS.—An organization may establish scholarships for
1469 eligible students by:
1470 (a) Receiving applications and determining student
1471 eligibility in accordance with the requirements of this section.
1472 (b) Notifying parents of their receipt of a scholarship on
1473 a first-come, first-served basis, based upon available funds.
1474 (c) Preparing and submitting quarterly and annual reports
1475 to the department pursuant to paragraphs (7)(f) and (g). In
1476 addition, an eligible nonprofit scholarship-funding organization
1477 must submit in a timely manner any information requested by the
1478 department relating to the scholarship program.
1479 (d) Notifying the department of any known or suspected
1480 violation of this section by a private school, parent, or
1482 (11) FUNDING AND PAYMENT.—
1483 (a) The maximum amount awarded to a student enrolled in an
1484 eligible private school shall be determined as a percentage of
1485 the unweighted FTE funding amount for that state fiscal year and
1486 thereafter as follows:
1487 1. Eighty-eight percent for a student enrolled in
1488 kindergarten through grade 5.
1489 2. Ninety-two percent for a student enrolled in grade 6
1490 through grade 8.
1491 3. Ninety-six percent for a student enrolled in grade 9
1492 through grade 12.
1493 (b) The maximum amount awarded to a student enrolled in a
1494 Florida public school located outside of the district in which
1495 the student resides shall be $750.
1496 (c) When a student enters the program, the organization
1497 must receive all documentation required for the student’s
1498 participation, including a copy of the report of the
1499 substantiated incident received pursuant to subsection (5) and
1500 the private school’s and the student’s fee schedules. The
1501 initial payment shall be made after verification of admission
1502 acceptance, and subsequent payments shall be made upon
1503 verification of continued enrollment and attendance at the
1504 private school.
1505 (d) Payment of the scholarship by the eligible nonprofit
1506 scholarship-funding organization may be by individual warrant
1507 made payable to the student’s parent or by funds transfer made
1508 by debit cards, electronic payment cards, or other means of
1509 payment which the department deems to be commercially viable or
1510 cost-effective. If payment is made by warrant, the warrant must
1511 be delivered by the eligible nonprofit scholarship-funding
1512 organization to the private school of the parent’s choice, and
1513 the parent shall restrictively endorse the warrant to the
1514 private school. If payment is made by funds transfer, the parent
1515 must approve each payment before the scholarship funds may be
1516 deposited. The parent may not designate any entity or individual
1517 associated with the participating private school as the parent’s
1518 attorney in fact to endorse a scholarship warrant or approve a
1519 funds transfer.
1520 (e) An eligible nonprofit scholarship-funding organization
1521 shall obtain verification from the private school of a student’s
1522 continued attendance at the school for each period covered by a
1523 scholarship payment.
1524 (f) Payment of the scholarship shall be made by the
1525 eligible nonprofit scholarship-funding organization no less
1526 frequently than on a quarterly basis.
1527 (g) An organization may use up to 3 percent of eligible
1528 contributions received during the state fiscal year in which
1529 such contributions are collected for administrative expenses if
1530 the organization has operated as an eligible nonprofit
1531 scholarship-funding organization for at least the preceding 3
1532 fiscal years and did not have any findings of material weakness
1533 or material noncompliance in its most recent audit under s.
1534 1002.395(6)(m). Such administrative expenses must be reasonable
1535 and necessary for the organization’s management and distribution
1536 of eligible contributions under this section. Funds authorized
1537 under this paragraph may not be used for lobbying or political
1538 activity or expenses related to lobbying or political activity.
1539 Up to one-third of the funds authorized for administrative
1540 expenses under this paragraph may be used for expenses related
1541 to the recruitment of contributions from taxpayers. An eligible
1542 nonprofit scholarship-funding organization may not charge an
1543 application fee.
1544 (h) Moneys received pursuant to this section do not
1545 constitute taxable income to the qualified student or his or her
1547 (12) OBLIGATIONS OF THE AUDITOR GENERAL.—
1548 (a) The Auditor General shall conduct an annual operational
1549 audit of accounts and records of each organization that
1550 participates in the program. As part of this audit, the Auditor
1551 General shall verify, at a minimum, the total number of students
1552 served and transmit that information to the department. The
1553 Auditor General shall provide the commissioner with a copy of
1554 each annual operational audit performed pursuant to this
1555 subsection within 10 days after the audit is finalized.
1556 (b) The Auditor General shall notify the department of any
1557 organization that fails to comply with a request for
1559 (13) SCHOLARSHIP FUNDING TAX CREDITS.—
1560 (a) A tax credit is available under s. 212.1832 for use by
1561 a taxpayer that makes an eligible contribution to the program.
1562 Each eligible contribution is limited to a single payment of $20
1563 at the time of purchase of a motor vehicle or a single payment
1564 of $20 at the time of registration of a motor vehicle that was
1565 not purchased from a dealer. An eligible contribution shall be
1566 accompanied by an election to contribute to the program and
1567 shall be made by the purchaser at the time of purchase or at the
1568 time of registration on a form provided by the Department of
1569 Revenue. Payments of contributions shall be made to a dealer, as
1570 defined in chapter 212, at the time of purchase of a motor
1571 vehicle or to an agent of the Department of Revenue, as
1572 designated by s. 212.06(10), at the time of registration of a
1573 motor vehicle that was not purchased from a dealer.
1574 (b) A tax collector or any person or firm authorized to
1575 sell or issue a motor vehicle license who is designated as an
1576 agent of the Department of Revenue pursuant to s. 212.06(10) or
1577 who is a dealer shall:
1578 1. Provide the purchaser the contribution election form, as
1579 prescribed by the Department of Revenue, at the time of purchase
1580 of a motor vehicle or at the time of registration of a motor
1581 vehicle that was not purchased from a dealer.
1582 2. Collect eligible contributions.
1583 3. Using a form provided by the Department of Revenue,
1584 which shall include the dealer’s or agent’s federal employer
1585 identification number, remit to an organization on or before the
1586 20th day of each month the total amount of contributions made to
1587 that organization and collected during the preceding calendar
1589 4. Report on each return filed with the Department of
1590 Revenue the total amount of credits allowed under s. 212.1832
1591 during the preceding calendar month.
1592 (c) An organization shall report to the Department of
1593 Revenue, on or before the 20th day of each month, the total
1594 amount of contributions received pursuant to paragraph (b) in
1595 the preceding calendar month on a form provided by the
1596 Department of Revenue. Such report shall include the federal
1597 employer identification number of each tax collector, authorized
1598 agent of the Department of Revenue, or dealer who remitted
1599 contributions to the organization during that reporting period.
1600 (d) A person who, with intent to unlawfully deprive or
1601 defraud the program of its moneys or the use or benefit thereof,
1602 fails to remit a contribution collected under this section is
1603 guilty of theft of charitable funds, punishable as follows:
1604 1. If the total amount stolen is less than $300, the
1605 offense is a misdemeanor of the second degree, punishable as
1606 provided in s. 775.082 or s. 775.083. Upon a second conviction,
1607 the offender is guilty of a misdemeanor of the first degree,
1608 punishable as provided in s. 775.082 or s. 775.083. Upon a third
1609 or subsequent conviction, the offender is guilty of a felony of
1610 the third degree, punishable as provided in s. 775.082, s.
1611 775.083, or s. 775.084.
1612 2. If the total amount stolen is $300 or more, but less
1613 than $20,000, the offense is a felony of the third degree,
1614 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1615 3. If the total amount stolen is $20,000 or more, but less
1616 than $100,000, the offense is a felony of the second degree,
1617 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1618 4. If the total amount stolen is $100,000 or more, the
1619 offense is a felony of the first degree, punishable as provided
1620 in s. 775.082, s. 775.083, or s. 775.084.
1621 (e) A person convicted of an offense under paragraph (d)
1622 shall be ordered by the sentencing judge to make restitution to
1623 the organization in the amount that was stolen from the program.
1624 (14) LIABILITY.—The state is not liable for the award or
1625 any use of awarded funds under this section.
1626 (15) SCOPE OF AUTHORITY.—This section does not expand the
1627 regulatory authority of this state, its officers, or any school
1628 district to impose additional regulation on participating
1629 private schools beyond those reasonably necessary to enforce
1630 requirements expressly set forth in this section.
1631 (16) RULES.—The State Board of Education shall adopt rules
1632 to administer this section.
1633 Section 16. Present subsection (7) of section 1002.421,
1634 Florida Statutes, is amended and redesignated as subsection
1635 (11), a new subsection (7) and subsections (8), (9), and (10)
1636 are added to that section, and subsection (1), paragraphs (h)
1637 and (i) of subsection (2), and subsections (4) and (5) of that
1638 section are amended, to read:
1639 1002.421 Accountability of private schools participating in
1640 state school choice scholarship programs.—
1641 (1)(a) A Florida private school participating in the
1642 Florida Tax Credit Scholarship Program established pursuant to
1643 s. 1002.395 or an educational scholarship program established
1644 pursuant to this chapter must comply with all requirements of
1645 this section in addition to private school requirements outlined
1646 in s. 1002.42, specific requirements identified within
1647 respective scholarship program laws, and other provisions of
1648 Florida law that apply to private schools.
1649 (b) For purposes of this section, the term “owner or
1650 operator” includes an owner, operator, superintendent, or
1651 principal of an eligible private school or a person with
1652 equivalent decisionmaking authority over an eligible private
1654 (2) A private school participating in a scholarship program
1655 must be a Florida private school as defined in s. 1002.01(2),
1656 must be registered in accordance with s. 1002.42, and must:
1657 (h) Employ or contract with teachers who:
1658 1. Unless otherwise specified under this paragraph, hold
1659 baccalaureate or higher degrees, have at least 3 years of
1660 teaching experience in public or private schools, or have
1661 objectively identified special skills, knowledge, or expertise
1662 that qualifies them to provide instruction in subjects taught.
1663 2. Hold baccalaureate or higher degrees from a regionally
1664 or nationally accredited college or university in the United
1665 States or from a recognized college or university in another
1666 country. This subparagraph applies to full-time teachers hired
1667 after July 1, 2018, who are teaching students in grade 2 or
1670 The private school must report to the department, in a format
1671 developed by the department, the qualifications of each teacher
1672 hired by the school, including, but not limited to, an
1673 explanation of the objectively identified special skills or
1674 expertise of such teachers, as applicable. Additionally, the
1675 private school must provide to the parent of each scholarship
1676 student, on the school’s website or on a written form provided
1677 by the school, the qualifications of each classroom teacher.
1678 (i) Require each employee and contracted personnel with
1679 direct student contact, upon employment or engagement to provide
1680 services, to undergo a state and national background screening,
1681 pursuant to s. 943.0542, by electronically filing with the
1682 Department of Law Enforcement a complete set of fingerprints
1683 taken by an authorized law enforcement agency or an employee of
1684 the private school, a school district, or a private company who
1685 is trained to take fingerprints and deny employment to or
1686 terminate an employee if he or she fails to meet the screening
1687 standards under s. 435.04. Results of the screening shall be
1688 provided to the participating private school. For purposes of
1689 this paragraph:
1690 1. An “employee or contracted personnel with direct student
1691 contact” means any employee or contracted personnel who has
1692 unsupervised access to a scholarship student for whom the
1693 private school is responsible.
1694 2. The costs of fingerprinting and the background check
1695 shall not be borne by the state.
1696 3. Continued employment of an employee or contracted
1697 personnel after notification that he or she has failed the
1698 background screening under this paragraph shall cause a private
1699 school to be ineligible for participation in a scholarship
1701 4. An employee or contracted personnel holding a valid
1702 Florida teaching certificate who has been fingerprinted pursuant
1703 to s. 1012.32 and who is not ineligible for employment pursuant
1704 to s. 1012.315 is not required to comply with the provisions of
1705 this paragraph.
1706 (4) A private school that accepts scholarship students
1707 under this chapter s. 1002.39 or s. 1002.395 must:
1708 (a) Disqualify instructional personnel and school
1709 administrators, as defined in s. 1012.01, from employment in any
1710 position that requires direct contact with students if the
1711 personnel or administrators are ineligible for such employment
1712 under s. 1012.315.
1713 (b) Adopt and faithfully implement policies establishing
1714 standards of ethical conduct for instructional personnel and
1715 school administrators. The policies must require all
1716 instructional personnel and school administrators, as defined in
1717 s. 1012.01, to complete training on the standards; establish the
1718 duty of instructional personnel and school administrators to
1719 report, and procedures for reporting, alleged misconduct by
1720 other instructional personnel and school administrators which
1721 affects the health, safety, or welfare of a student; and include
1722 an explanation of the liability protections provided under ss.
1723 39.203 and 768.095. A private school, or any of its employees,
1724 may not enter into a confidentiality agreement regarding
1725 terminated or dismissed instructional personnel or school
1726 administrators, or personnel or administrators who resign in
1727 lieu of termination, based in whole or in part on misconduct
1728 that affects the health, safety, or welfare of a student, and
1729 may not provide the instructional personnel or school
1730 administrators with employment references or discuss the
1731 personnel’s or administrators’ performance with prospective
1732 employers in another educational setting, without disclosing the
1733 personnel’s or administrators’ misconduct. Any part of an
1734 agreement or contract that has the purpose or effect of
1735 concealing misconduct by instructional personnel or school
1736 administrators which affects the health, safety, or welfare of a
1737 student is void, is contrary to public policy, and may not be
1739 (c) Before employing instructional personnel or school
1740 administrators in any position that requires direct contact with
1741 students, conduct employment history checks of each of the
1742 personnel’s or administrators’ previous employers, screen the
1743 personnel or administrators through use of the educator
1744 screening tools described in s. 1001.10(5), and document the
1745 findings. If unable to contact a previous employer, the private
1746 school must document efforts to contact the employer.
1748 The department shall suspend the payment of funds under this
1749 chapter ss. 1002.39 and 1002.395 to a private school that
1750 knowingly fails or refuses to comply with this subsection, and
1751 shall prohibit the school from enrolling new scholarship
1752 students, for 1 fiscal year and until the school complies.
1753 (5) The failure or refusal inability of a private school to
1754 meet the requirements of this section shall constitute a basis
1755 for the ineligibility of the private school to participate in a
1756 scholarship program as determined by the department.
1757 Additionally, a private school is ineligible to participate in a
1758 state scholarship program under this chapter if the owner or
1759 operator of the private school was a debtor in a voluntary or
1760 involuntary bankruptcy petition within the most recent 5 years.
1761 (7)(a) The department must annually visit at least 5
1762 percent, and may annually visit up to 7 percent, of the private
1763 schools that participate in the state scholarship programs under
1764 this chapter. Site visits required under subsection (8) are not
1765 included in the annual site visits authorized under this
1767 (b) The purposes of the site visits are to verify
1768 compliance with the provisions of this section aimed at
1769 protecting the health, safety, and welfare of students and to
1770 verify the information reported by the schools concerning the
1771 enrollment and attendance of students, the credentials of
1772 teachers, background screening of teachers, and teachers’
1773 fingerprinting results, as required by rules of the State Board
1774 of Education and this section.
1775 (c) The department may make followup site visits at any
1776 time to any school that has received a notice of noncompliance
1777 or a notice of proposed action within the previous 2 years, or
1778 for a cause that affects the health, safety, and welfare of a
1780 (8)(a) The department shall visit each private school that
1781 notifies the department of the school’s intent to participate in
1782 a state scholarship program under this chapter.
1783 (b) The purpose of the site visit is to determine that the
1784 school meets the applicable state and local health, safety, and
1785 welfare codes and rules pursuant to this section.
1786 (9) The Division of State Fire Marshal shall annually
1787 provide to the department a fire safety inspection report,
1788 prepared by the local fire departments or by entities with whom
1789 they contract to perform fire safety inspections of private
1790 schools, for each private school that participates in a state
1791 scholarship program under this chapter.
1792 (10) If a private school that participates in a state
1793 scholarship program under this chapter receives more than
1794 $250,000 in funds from the scholarships awarded under this
1795 chapter in a state fiscal year, the school must provide to the
1796 department a report of the balance sheet and statement of income
1797 expenditures in accordance with generally accepted accounting
1798 procedures from an independent certified public accountant who
1799 performs the agreed-upon procedures.
1800 (11) (7) The State Board of Education shall adopt rules
1801 pursuant to ss. 120.536(1) and 120.54 to administer and enforce
1802 this section.
1803 Section 17. Section 1002.43, Florida Statutes, is repealed.
1804 Section 18. Subsection (5) of section 1002.55, Florida
1805 Statutes, is amended to read:
1806 1002.55 School-year prekindergarten program delivered by
1807 private prekindergarten providers.—
1808 (5)(a) Notwithstanding paragraph (3)(b), a private
1809 prekindergarten provider may not participate in the Voluntary
1810 Prekindergarten Education Program if the provider has child
1811 disciplinary policies that do not prohibit children from being
1812 subjected to discipline that is severe, humiliating,
1813 frightening, or associated with food, rest, toileting, spanking,
1814 or any other form of physical punishment as provided in s.
1816 (b) Notwithstanding any other provision of law, if a
1817 private prekindergarten provider has been cited for a class I
1818 violation, as defined by rule, the coalition may refuse to
1819 contract with the provider.
1820 Section 19. Subsection (13) of section 1003.01, Florida
1821 Statutes, is amended to read:
1822 1003.01 Definitions.—As used in this chapter, the term:
1823 (13) “Regular school attendance” means the actual
1824 attendance of a student during the school day as defined by law
1825 and rules of the State Board of Education. Regular attendance
1826 within the intent of s. 1003.21 may be achieved by a student’s
1827 full-time attendance in one of the following options:
1828 (a) A public school supported by public funds, including,
1829 but not limited to, the Florida School for the Deaf and the
1830 Blind, the Florida Virtual School, a developmental research
1831 school, and a charter school established pursuant to chapter
1832 1002. ;
1833 (b) A parochial, religious, or denominational school;
1834 (b) (c) A private school, as defined in s. 1002.01(2) and in
1835 compliance with s. 1002.42, including, but not limited to, a
1836 private parochial, religious, or denominational school; and a
1837 private school supported in whole or in part by tuition charges
1838 or by endowments or gifts. This option includes an eligible
1839 private school in which a student attends as a participant in a
1840 scholarship program, as defined in s. 1002.01(3). ;
1841 (c) (d) A home education program, as defined in s.
1842 1002.01(1), which that meets the requirements of chapter 1002. ;
1844 (e) A private tutoring program that meets the requirements
1845 of chapter 1002.
1846 Section 20. Paragraph (f) of subsection (1) of section
1847 1003.26, Florida Statutes, is amended to read:
1848 1003.26 Enforcement of school attendance.—The Legislature
1849 finds that poor academic performance is associated with
1850 nonattendance and that school districts must take an active role
1851 in promoting and enforcing attendance as a means of improving
1852 student performance. It is the policy of the state that each
1853 district school superintendent be responsible for enforcing
1854 school attendance of all students subject to the compulsory
1855 school age in the school district and supporting enforcement of
1856 school attendance by local law enforcement agencies. The
1857 responsibility includes recommending policies and procedures to
1858 the district school board that require public schools to respond
1859 in a timely manner to every unexcused absence, and every absence
1860 for which the reason is unknown, of students enrolled in the
1861 schools. District school board policies shall require the parent
1862 of a student to justify each absence of the student, and that
1863 justification will be evaluated based on adopted district school
1864 board policies that define excused and unexcused absences. The
1865 policies must provide that public schools track excused and
1866 unexcused absences and contact the home in the case of an
1867 unexcused absence from school, or an absence from school for
1868 which the reason is unknown, to prevent the development of
1869 patterns of nonattendance. The Legislature finds that early
1870 intervention in school attendance is the most effective way of
1871 producing good attendance habits that will lead to improved
1872 student learning and achievement. Each public school shall
1873 implement the following steps to promote and enforce regular
1874 school attendance:
1875 (1) CONTACT, REFER, AND ENFORCE.—
1876 (f)1. If the parent of a child who has been identified as
1877 exhibiting a pattern of nonattendance enrolls the child in a
1878 home education program pursuant to chapter 1002, the district
1879 school superintendent shall provide the parent a copy of s.
1880 1002.41 and the accountability requirements of this paragraph.
1881 The district school superintendent shall also refer the parent
1882 to a home education review committee composed of the district
1883 contact for home education programs and at least two home
1884 educators selected by the parent from a district list of all
1885 home educators who have conducted a home education program for
1886 at least 3 years and who have indicated a willingness to serve
1887 on the committee. The home education review committee shall
1888 review the portfolio of the student, as defined by s. 1002.41,
1889 every 30 days during the district’s regular school terms until
1890 the committee is satisfied that the home education program is in
1891 compliance with s. 1002.41(1)(b). The first portfolio review
1892 must occur within the first 30 calendar days of the
1893 establishment of the program. The provisions of subparagraph 2.
1894 do not apply once the committee determines the home education
1895 program is in compliance with s. 1002.41(1)(b).
1896 2. If the parent fails to provide a portfolio to the
1897 committee, the committee shall notify the district school
1898 superintendent. The district school superintendent shall then
1899 terminate the home education program and require the parent to
1900 enroll the child in an attendance option that meets the
1901 definition of “regular school attendance” under s.
1902 1003.01(13)(a) or (b) s. 1003.01(13)(a), (b), (c), or (e),
1903 within 3 days. Upon termination of a home education program
1904 pursuant to this subparagraph, the parent shall not be eligible
1905 to reenroll the child in a home education program for 180
1906 calendar days. Failure of a parent to enroll the child in an
1907 attendance option as required by this subparagraph after
1908 termination of the home education program pursuant to this
1909 subparagraph shall constitute noncompliance with the compulsory
1910 attendance requirements of s. 1003.21 and may result in criminal
1911 prosecution under s. 1003.27(2). Nothing contained herein shall
1912 restrict the ability of the district school superintendent, or
1913 the ability of his or her designee, to review the portfolio
1914 pursuant to s. 1002.41(1)(b).
1915 Section 21. Paragraph (d) of subsection (2) of section
1916 1003.41, Florida Statutes, is amended and paragraph (f) is added
1917 to that subsection, to read:
1918 1003.41 Next Generation Sunshine State Standards.—
1919 (2) Next Generation Sunshine State Standards must meet the
1920 following requirements:
1921 (d) Social Studies standards must establish specific
1922 curricular content for, at a minimum, geography, United States
1923 and world history, government, civics, humanities, and
1924 economics, including financial literacy. Financial literacy
1925 includes the knowledge, understanding, skills, behaviors,
1926 attitudes, and values that will enable a student to make
1927 responsible and effective financial decisions on a daily basis.
1928 Financial literacy instruction shall be an integral part of
1929 instruction throughout the entire economics course and include
1930 information regarding earning income; buying goods and services;
1931 saving and financial investing; taxes; the use of credit and
1932 credit cards; budgeting and debt management, including student
1933 loans and secured loans; banking and financial services;
1934 planning for one’s financial future, including higher education
1935 and career planning; credit reports and scores; and fraud and
1936 identity theft prevention. The requirements for financial
1937 literacy specified under this paragraph do not apply to students
1938 entering grade 9 in the 2018-2019 school year and thereafter.
1939 (f) Effective for students entering grade 9 in the 2018
1940 2019 school year and thereafter, financial literacy standards
1941 must establish specific curricular content for, at a minimum,
1942 personal financial literacy and money management. Financial
1943 literacy includes instruction in the areas specified in s.
1945 Section 22. Paragraphs (d) and (g) of subsection (3) of
1946 section 1003.4282, Florida Statutes, are amended, and paragraph
1947 (h) is added to that subsection, to read:
1948 1003.4282 Requirements for a standard high school diploma.—
1949 (3) STANDARD HIGH SCHOOL DIPLOMA; COURSE AND ASSESSMENT
1951 (d) Three credits in social studies.—A student must earn
1952 one credit in United States History; one credit in World
1953 History; one-half credit in economics, which must include
1954 financial literacy; and one-half credit in United States
1955 Government. The United States History EOC assessment constitutes
1956 30 percent of the student’s final course grade. However, for a
1957 student entering grade 9 in the 2018-2019 school year or
1958 thereafter, financial literacy is not a required component of
1959 the one-half credit in economics.
1960 (g) Eight Credits in Electives.—School districts must
1961 develop and offer coordinated electives so that a student may
1962 develop knowledge and skills in his or her area of interest,
1963 such as electives with a STEM or liberal arts focus. Such
1964 electives must include opportunities for students to earn
1965 college credit, including industry-certified career education
1966 programs or series of career-themed courses that result in
1967 industry certification or articulate into the award of college
1968 credit, or career education courses for which there is a
1969 statewide or local articulation agreement and which lead to
1970 college credit. A student entering grade 9 before the 2018-2019
1971 school year must earn eight credits in electives. A student
1972 entering grade 9 in the 2018-2019 school year or thereafter must
1973 earn seven and one-half credits in electives.
1974 (h) One-half credit in personal financial literacy.
1975 Beginning with students entering grade 9 in the 2018-2019 school
1976 year, each student shall earn one-half credit in personal
1977 financial literacy and money management. This instruction must
1978 include discussion of or instruction in the following:
1979 1. Types of bank accounts offered, opening and managing a
1980 bank account, and assessing the quality of a depository
1981 institution’s services.
1982 2. Balancing a checkbook.
1983 3. Basic principles of money management, such as spending,
1984 credit, credit scores, and managing debt, including retail and
1985 credit card debt.
1986 4. Completing a loan application.
1987 5. Receiving an inheritance and related implications.
1988 6. Basic principles of personal insurance policies.
1989 7. Computing federal income taxes.
1990 8. Local tax assessments.
1991 9. Computing interest rates by various mechanisms.
1992 10. Simple contracts.
1993 11. Contesting an incorrect billing statement.
1994 12. Types of savings and investments.
1995 13. State and federal laws concerning finance.
1996 Section 23. Section 1003.457, Florida Statutes, is created
1997 to read:
1998 1003.457 Instruction in cardiopulmonary resuscitation.—
1999 (1) Each school district shall provide instruction in
2000 cardiopulmonary resuscitation (CPR) and the use of an automated
2001 external defibrillator. Students shall study and practice the
2002 psychomotor skills associated with performing CPR at least once
2003 before graduating from high school. The instruction shall be a
2004 part of the physical education curriculum or another required
2005 curriculum selected by the school district.
2006 (2) The instruction shall be based on an instructional
2007 program established by:
2008 (a) The American Heart Association;
2009 (b) The American Red Cross; or
2010 (c) Another nationally recognized program that uses the
2011 most current evidence-based emergency cardiovascular care
2013 (3) A student with a disability, as defined in s. 1007.02,
2014 is exempt from the requirements of this section.
2015 Section 24. Subsection (3) of section 1003.453, Florida
2016 Statutes, is amended to read:
2017 1003.453 School wellness and physical education policies;
2018 nutrition guidelines.—
2019 (3) School districts are encouraged to provide basic
2020 training in first aid , including cardiopulmonary resuscitation,
2021 for all students, beginning in grade 6 and every 2 years
2022 thereafter. Private and public partnerships for providing
2023 training or necessary funding are encouraged.
2024 Section 25. Section 1006.05, Florida Status, is created to
2026 1006.05 Mental health assistance allocation
2027 specifications.—Pursuant to s. 1011.62(17), the mental health
2028 assistance allocation is created to provide supplemental funding
2029 to assist school districts and charter schools in establishing
2030 or expanding comprehensive mental health programs that increase
2031 awareness of mental health issues among children and school-age
2032 youth; to train educators and other school staff in detecting
2033 and responding to mental health issues; and to connect children,
2034 youth, and families who may experience behavioral or mental
2035 health issues with appropriate services.
2036 (1) Funding provided pursuant to s. 1011.62(17) shall be
2037 allocated in accordance with the following:
2038 (a) Before the distribution of the allocation:
2039 1. The district must annually develop and submit a detailed
2040 plan outlining the local program and planned expenditures to the
2041 district school board for approval.
2042 2. A charter school must annually develop and submit a
2043 detailed plan outlining the local program and planned
2044 expenditures of the funds in the plan to its governing body for
2045 approval. After the plan is approved by the governing body, it
2046 must be provided to its school district for submission to the
2048 (b) The plans required under paragraph (a) must include, at
2049 a minimum, the elements in subparagraphs 1., 2., and 3., and the
2050 districts and charter schools are strongly encouraged to include
2051 in their respective plans the elements specified in
2052 subparagraphs 4., 5., and 6., as follows:
2053 1. A contract or a memorandum of understanding with at
2054 least one local nationally accredited community behavioral
2055 health provider or a provider of Community Action Team services
2056 to provide a behavioral health staff presence and services at
2057 district schools. Services may include, but are not limited to,
2058 mental health screenings and assessments, individual counseling,
2059 family counseling, group counseling, psychiatric or
2060 psychological services, trauma-informed care, mobile crisis
2061 services, and behavior modification. These behavioral health
2062 services may be provided on or off the school campus and may be
2063 supplemented by telehealth;
2064 2. Training opportunities in Mental Health First Aid or
2065 other similar nationally recognized evidence-based training
2066 programs for all school personnel who have contact with
2067 students. The training must cover risk factors and warning signs
2068 for mental health and addiction concerns, strategies for
2069 providing assistance to individuals in both crisis and non
2070 crisis situations, and the use of referral mechanisms that
2071 effectively link individuals to appropriate treatment and
2072 intervention services in the school and in the community. Topics
2073 covered should include depression and mood disorders, anxiety
2074 disorders, trauma, psychosis, substance use disorders, and
2075 suicide prevention;
2076 3. A mental health crisis intervention strategy that
2077 provides for prompt resolution of identified, immediate threats
2078 within district schools, including Baker Act referrals and
2079 notification of law enforcement personnel, as appropriate;
2080 4. Programs to assist students in dealing with anxiety,
2081 depression, bullying, trauma, and violence;
2082 5. Strategies or programs to reduce the likelihood of at
2083 risk students developing social, emotional, or behavioral health
2084 problems; suicidal tendencies; or substance use disorders; and
2085 6. Strategies to improve the early identification of
2086 social, emotional, or behavioral problems or substance use
2087 disorders and to improve the provision of early intervention
2089 (c) The districts shall submit approved plans to the
2090 commissioner by August 1 of each year.
2091 (2) Beginning September 30, 2019, and by each September 30
2092 thereafter, each entity that receives an allocation under this
2093 section shall submit to the commissioner, in a format prescribed
2094 by the department, a final report on its program outcomes and
2095 its expenditures for each element of the program. At a minimum,
2096 the report must include the number of each of the following:
2097 (a) Students who receive screenings or assessments.
2098 (b) Students who are referred for services or assistance.
2099 (c) Students who receive services or assistance.
2100 (d) Parents or guardians notified.
2101 (e) School personnel who are trained to engage in the
2102 services, techniques, strategies, or programs identified in the
2103 plan required under this subsection.
2104 Section 26. Section 1006.061, Florida Statutes, is amended
2105 to read:
2106 1006.061 Child abuse, abandonment, and neglect policy.—Each
2107 district school board, charter school, and private school that
2108 accepts scholarship students under s. 1002.385, s. 1002.39, or
2109 s. 1002.395, or another state scholarship program under chapter
2110 1002 shall:
2111 (1) Post in a prominent place in each school a notice that,
2112 pursuant to chapter 39, all employees and agents of the district
2113 school board, charter school, or private school have an
2114 affirmative duty to report all actual or suspected cases of
2115 child abuse, abandonment, or neglect; have immunity from
2116 liability if they report such cases in good faith; and have a
2117 duty to comply with child protective investigations and all
2118 other provisions of law relating to child abuse, abandonment,
2119 and neglect. The notice shall also include the statewide toll
2120 free telephone number of the central abuse hotline.
2121 (2) Post in a prominent place at each school site and on
2122 each school’s Internet website, if available, the policies and
2123 procedures for reporting alleged misconduct by instructional
2124 personnel or school administrators which affects the health,
2125 safety, or welfare of a student; the contact person to whom the
2126 report is made; and the penalties imposed on instructional
2127 personnel or school administrators who fail to report suspected
2128 or actual child abuse or alleged misconduct by other
2129 instructional personnel or school administrators.
2130 (3) Require the principal of the charter school or private
2131 school, or the district school superintendent, or the
2132 superintendent’s designee, at the request of the Department of
2133 Children and Families, to act as a liaison to the Department of
2134 Children and Families and the child protection team, as defined
2135 in s. 39.01, when in a case of suspected child abuse,
2136 abandonment, or neglect or an unlawful sexual offense involving
2137 a child the case is referred to such a team; except that this
2138 does not relieve or restrict the Department of Children and
2139 Families from discharging its duty and responsibility under the
2140 law to investigate and report every suspected or actual case of
2141 child abuse, abandonment, or neglect or unlawful sexual offense
2142 involving a child.
2143 (4)(a) Post in a prominent place in a clearly visible
2144 location and public area of the school which is readily
2145 accessible to and widely used by students a sign in English and
2146 Spanish that contains:
2147 1. The statewide toll-free telephone number of the central
2148 abuse hotline as provided in chapter 39;
2149 2. Instructions to call 911 for emergencies; and
2150 3. Directions for accessing the Department of Children and
2151 Families Internet website for more information on reporting
2152 abuse, neglect, and exploitation.
2153 (b) The information in paragraph (a) must be put on at
2154 least one poster in each school, on a sheet that measures at
2155 least 11 inches by 17 inches, produced in large print, and
2156 placed at student eye level for easy viewing.
2158 The Department of Education shall develop, and publish on the
2159 department’s Internet website, sample notices suitable for
2160 posting in accordance with subsections (1), (2), and (4).
2161 Section 27. Subsections (4) and (6) of section 1006.07,
2162 Florida Statutes, are amended, and subsection (7) is added to
2163 that section, to read:
2164 1006.07 District school board duties relating to student
2165 discipline and school safety.—The district school board shall
2166 provide for the proper accounting for all students, for the
2167 attendance and control of students at school, and for proper
2168 attention to health, safety, and other matters relating to the
2169 welfare of students, including:
2170 (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
2171 (a) Formulate and prescribe policies and procedures for
2172 emergency drills and for actual emergencies, including, but not
2173 limited to, fires, natural disasters, hostage and active shooter
2174 situations, and bomb threats, for all the public schools of the
2175 district which comprise grades K-12. District school board
2176 policies shall include commonly used alarm system responses for
2177 specific types of emergencies and verification by each school
2178 that drills have been provided as required by law and fire
2179 protection codes. The emergency response agency that is
2180 responsible for notifying the school district for each type of
2181 emergency must be listed in the district’s emergency response
2183 (b) Establish model emergency management and emergency
2184 preparedness procedures, including emergency notification
2185 procedures pursuant to paragraph (a), for the following life
2186 threatening emergencies:
2187 1. Weapon-use, and hostage, and active shooter situations.
2188 The active shooter situation training for each school must be
2189 conducted by the law enforcement agency or agencies that are
2190 designated as first responders to the school’s campus.
2191 2. Hazardous materials or toxic chemical spills.
2192 3. Weather emergencies, including hurricanes, tornadoes,
2193 and severe storms.
2194 4. Exposure as a result of a manmade emergency.
2195 (6) SAFETY AND SECURITY BEST PRACTICES.—Each school
2196 district shall: Use the Safety and Security Best Practices
2197 developed by the Office of Program Policy Analysis and
2198 Government Accountability to
2199 (a) Conduct security risk assessments at each public school
2200 and conduct a self-assessment of the school districts’ current
2201 safety and security practices using a format prescribed by the
2202 department. Based on these self-assessment findings, the
2203 district school superintendent shall provide recommendations to
2204 the district school board which identify strategies and
2205 activities that the district school board should implement in
2206 order to improve school safety and security. Annually each
2207 district school board must receive such findings and the
2208 superintendent’s recommendations the self-assessment results at
2209 a publicly noticed district school board meeting to provide the
2210 public an opportunity to hear the district school board members
2211 discuss and take action on the report findings and
2212 recommendations. Each district school superintendent shall
2213 report such findings the self-assessment results and school
2214 board action to the commissioner within 30 days after the
2215 district school board meeting.
2216 (b) Using a format prescribed by the department, develop a
2217 plan that includes having a secure, single point of entry onto
2218 school grounds.
2219 (7) SAFETY IN CONSTRUCTION PLANNING.—A district school
2220 board or private school principal or governing board must allow
2221 the law enforcement agency or agencies that are designated as
2222 first responders to the school’s or district’s campus to tour
2223 such campus once every 3 years. Any changes related to school
2224 safety and emergency issues recommended by a law enforcement
2225 agency based on a campus tour must be documented by the district
2226 school board or private school principal or governing board.
2227 Section 28. Subsection (1) and paragraph (b) of subsection
2228 (2) section 1006.12, Florida Statutes, are amended to read:
2229 1006.12 School resource officers and school safety
2231 (1) District school boards shall may establish school
2232 resource officer programs, through a cooperative agreement with
2233 law enforcement agencies or in accordance with subsection (2).
2234 (a) School resource officers shall be certified law
2235 enforcement officers, as defined in s. 943.10(1), who are
2236 employed by a law enforcement agency as defined in s. 943.10(4).
2237 The powers and duties of a law enforcement officer shall
2238 continue throughout the employee’s tenure as a school resource
2240 (b) School resource officers shall abide by district school
2241 board policies and shall consult with and coordinate activities
2242 through the school principal, but shall be responsible to the
2243 law enforcement agency in all matters relating to employment,
2244 subject to agreements between a district school board and a law
2245 enforcement agency. Activities conducted by the school resource
2246 officer which are part of the regular instructional program of
2247 the school shall be under the direction of the school principal.
2249 (b) A district school board shall may commission one or
2250 more school safety officers for the protection and safety of
2251 school personnel, property, and students at each district school
2252 facility within the school district. The district school
2253 superintendent may recommend and the district school board may
2254 appoint one or more school safety officers.
2255 Section 29. Section 1007.273, Florida Statutes, is amended
2256 to read:
2257 1007.273 Structured high school acceleration programs
2258 Collegiate high school program.—
2259 (1) Each Florida College System institution shall work with
2260 each district school board in its designated service area to
2261 establish one or more structured programs, including, but not
2262 limited to, collegiate high school programs. As used in this
2263 section, the term “structured program” means a structured high
2264 school acceleration program.
2265 (1) (2) PURPOSE.—At a minimum, structured collegiate high
2266 school programs must include an option for public school
2267 students in grade 11 or grade 12 participating in the structured
2268 program, for at least 1 full school year, to earn CAPE industry
2269 certifications pursuant to s. 1008.44, and to successfully
2270 complete at least 30 credit hours through the dual enrollment
2271 program under s. 1007.271. The structured program must
2272 prioritize dual enrollment courses that are applicable toward
2273 general education core courses or common prerequisite course
2274 requirements under s. 1007.25 over dual enrollment courses
2275 applicable as electives toward at least the first year of
2276 college for an associate degree or baccalaureate degree while
2277 enrolled in the structured program. A district school board may
2278 not limit the number of eligible public school students who may
2279 enroll in such structured programs.
2280 (2) (3) REQUIRED STRUCTURED PROGRAM CONTRACTS.—
2281 (a) Each district school board and its local Florida
2282 College System institution shall execute a contract to establish
2283 one or more structured collegiat e high school programs at a
2284 mutually agreed upon location or locations. Beginning with the
2285 2015-2016 school year, If the local Florida College System
2286 institution does not establish a structured program with a
2287 district school board in its designated service area, another
2288 Florida College System institution may execute a contract with
2289 that district school board to establish the structured program.
2290 The contract must be executed by January 1 of each school year
2291 for implementation of the structured program during the next
2292 school year. By August 1, 2018, a contract entered into before
2293 January 1, 2018, for the 2018-2019 school year must be modified
2294 to include the provisions of paragraph (b).
2295 (b) The contract must:
2296 1. (a) Identify the grade levels to be included in the
2297 structured collegiate high school program; which must, at a
2298 minimum, include grade 12 .
2299 2. (b) Describe the structured collegiate high school
2300 program, including a list of the meta-major academic pathways
2301 approved pursuant to s. 1008.30(4), which are available to
2302 participating students through the partner Florida College
2303 System institution or other eligible partner postsecondary
2304 institutions; the delineation of courses that must, at a
2305 minimum, include general education core courses and common
2306 prerequisite course requirements pursuant to s. 1007.25; and
2307 industry certifications offered, including online course
2308 availability; the high school and college credits earned for
2309 each postsecondary course completed and industry certification
2310 earned; student eligibility criteria; and the enrollment process
2311 and relevant deadlines; .
2312 3. (c) Describe the methods, medium, and process by which
2313 students and their parents are annually informed about the
2314 availability of the structured collegiate high school program,
2315 the return on investment associated with participation in the
2316 structured program, and the information described in
2317 subparagraphs 1. and 2.; paragraphs (a) and (b) .
2318 4. (d) Identify the delivery methods for instruction and the
2319 instructors for all courses; .
2320 5. (e) Identify student advising services and progress
2321 monitoring mechanisms; .
2322 6. (f) Establish a program review and reporting mechanism
2323 regarding student performance outcomes; and .
2324 7. (g) Describe the terms of funding arrangements to
2325 implement the structured collegiate high school program pursuant
2326 to paragraph (5)(a).
2327 (3) STUDENT PERFORMANCE CONTRACT AND NOTIFICATION.—
2328 (a) (4) Each student participating in a structured
2329 collegiate high school program must enter into a student
2330 performance contract which must be signed by the student, the
2331 parent, and a representative of the school district and the
2332 applicable Florida College System institution, state university,
2333 or other institution participating pursuant to subsection (4)
2334 (5). The performance contract must, at a minimum, specify
2335 include the schedule of courses, by semester, and industry
2336 certifications to be taken by the student, if any; student
2337 attendance requirements; , and course grade requirements; and the
2338 applicability of such courses to an associate degree or a
2339 baccalaureate degree.
2340 (b) By September 1 of each school year, each district
2341 school board must notify each student enrolled in grades 9, 10,
2342 11, and 12 in a public school within the school district about
2343 the structured program, including, but not limited to:
2344 1. The method for earning college credit through
2345 participation in the structured program. The notification must
2346 include website links to the dual enrollment course equivalency
2347 list approved by the State Board of Education; the common degree
2348 program prerequisite requirements published by the Articulation
2349 Coordinating Committee pursuant to s. 1007.01(3)(f); the
2350 industry certification articulation agreements adopted by the
2351 State Board of Education in rule; and the approved meta-major
2352 academic pathways of the partner Florida College System
2353 institution and other eligible partner postsecondary
2354 institutions participating pursuant to subsection (4); and
2355 2. The estimated cost savings to students and their
2356 families resulting from students successfully completing 30
2357 credit hours applicable toward general education core courses or
2358 common prerequisite course requirements before graduating from
2359 high school versus the cost of earning such credit hours after
2360 graduating from high school.
2361 (4) (5) AUTHORIZED STRUCTURED PROGRAM CONTRACTS.—In addition
2362 to executing a contract with the local Florida College System
2363 institution under this section, a district school board may
2364 execute a contract to establish a structured collegiate high
2365 school program with a state university or an institution that is
2366 eligible to participate in the William L. Boyd, IV, Florida
2367 Resident Access Grant Program, that is a nonprofit independent
2368 college or university located and chartered in this state, and
2369 that is accredited by the Commission on Colleges of the Southern
2370 Association of Colleges and Schools to grant baccalaureate
2371 degrees. Such university or institution must meet the
2372 requirements specified under subsections (2) (3) and (3). A
2373 charter school may execute a contract directly with the local
2374 Florida College System institution or another institution as
2375 authorized under this section to establish a structured program
2376 at a mutually agreed upon location (4).
2377 (5) FUNDING.—
2378 (a) (6) The structured collegiat e high school program shall
2379 be funded pursuant to ss. 1007.271 and 1011.62. The State Board
2380 of Education shall enforce compliance with this section by
2381 withholding the transfer of funds for the school districts and
2382 the Florida College System institutions in accordance with s.
2383 1008.32. Annually, by December 31, the State Board of Education
2384 shall enforce compliance with this section by withholding the
2385 transfer of funds for the Florida College System institutions in
2386 accordance with s. 1008.32
2387 (b) A student who enrolls in the structured program and
2388 successfully completes at least 30 college credit hours during a
2389 school year through the dual enrollment program under s.
2390 1007.271 generates a 0.5 full-time equivalent (FTE) bonus. A
2391 student who enrolls in the structured program and successfully
2392 completes an additional 30 college credit hours during a school
2393 year, resulting in at least 60 college credit hours through the
2394 dual enrollment program under s. 1007.271 applicable toward
2395 fulfilling the requirements for an associate in arts degree or
2396 an associate in science degree or a baccalaureate degree
2397 pursuant to the student performance contract under subsection
2398 (3), before graduating from high school, generates an additional
2399 0.5 FTE bonus. Each district school board that is a contractual
2400 partner with a Florida College System institution or other
2401 eligible postsecondary institution shall report to the
2402 commissioner the total FTE bonus for each structured program for
2403 the students from that school district. The total FTE bonus
2404 shall be added to each school district’s total weighted FTE for
2405 funding in the subsequent fiscal year.
2406 (c) For any industry certification a student attains under
2407 this section, the FTE bonus shall be calculated and awarded in
2408 accordance with s. 1011.62(1)(o).
2409 (6) REPORTING REQUIREMENTS.—
2410 (a) By September 1 of each school year, each district
2411 school superintendent shall report to the commissioner, at a
2412 minimum, the following information on each structured program
2413 administered during the prior school year:
2414 1. The number of students in public schools within the
2415 school district who enrolled in the structured program, and the
2416 partnering postsecondary institutions pursuant to subsections
2417 (2) and (4);
2418 2. The total and average number of dual enrollment courses
2419 completed, high school and college credits earned, standard high
2420 school diplomas and associate and baccalaureate degrees awarded,
2421 and the number of industry certifications attained, if any, by
2422 the students who enrolled in the structured program;
2423 3. The projected student enrollment in the structured
2424 program during the next school year; and
2425 4. Any barriers to executing contracts to establish one or
2426 more structured programs.
2427 (b) By November 30 of each school year, the commissioner
2428 must report to the Governor, the President of the Senate, and
2429 the Speaker of the House of Representatives the status of
2430 structured programs, including, at a minimum, a summary of
2431 student enrollment and completion information pursuant to this
2432 subsection; barriers, if any, to establishing such programs; and
2433 recommendations for expanding access to such programs statewide.
2434 Section 30. Paragraph (c) of subsection (3) and subsection
2435 (4) of section 1008.33, Florida Statutes, are amended to read:
2436 1008.33 Authority to enforce public school improvement.—
2438 (c) The state board shall adopt by rule a differentiated
2439 matrix of intervention and support strategies for assisting
2440 traditional public schools identified under this section and
2441 rules for implementing s. 1002.33(9)(n), relating to charter
2443 1. The intervention and support strategies must address
2444 efforts to improve student performance through one or more of
2445 the following strategies: and may include
2446 a. Improvement planning;
2447 b. Leadership quality improvement;
2448 c. Educator quality improvement;
2449 d. Professional development;
2450 e. Curriculum review, pacing, and alignment across grade
2451 levels to improve background knowledge in social studies,
2452 science, and the arts; and
2453 f. The use of continuous improvement and monitoring plans
2454 and processes.
2455 2. In addition, The state board may prescribe reporting
2456 requirements to review and monitor the progress of the schools.
2457 The rule must define the intervention and support strategies for
2458 school improvement for schools earning a grade of “D” or “F” and
2459 the roles for the district and department.
2460 (4)(a) The state board shall apply intensive intervention
2461 and support strategies tailored to the needs of schools earning
2462 two consecutive grades of “D” or a grade of “F.” In the first
2463 full school year after a school initially earns two consecutive
2464 grades of “D” or a grade of “F,” the school district must
2465 immediately implement intervention and support strategies
2466 prescribed in rule under paragraph (3)(c) and, by September 1,
2467 provide the department with the memorandum of understanding
2468 negotiated pursuant to s. 1001.42(21) and, by October 1, a
2469 district-managed turnaround plan for approval by the state
2470 board. The district-managed turnaround plan may include a
2471 proposal for the district to implement an extended school day, a
2472 summer program, or a combination of an extended school day and
2473 summer program. Upon approval by the state board, the school
2474 district must implement the plan for the remainder of the school
2475 year and continue the plan for 1 full school year. The state
2476 board may allow a school an additional year of implementation
2477 before the school must implement a turnaround option required
2478 under paragraph (b) if it determines that the school is likely
2479 to improve to a grade of “C” or higher after the first full
2480 school year of implementation.
2481 (b) Unless an additional year of implementation is provided
2482 pursuant to paragraph (a), a school that has completed 2 school
2483 years of a district-managed turnaround plan required under
2484 paragraph (a) and has not improved its school grade to a “C” or
2485 higher, pursuant to s. 1008.34, earns three consecutive grades
2486 below a “C” must implement one of the following options:
2487 1. Reassign students to another school and monitor the
2488 progress of each reassigned student. ;
2489 2. Close the school and reopen the school as one or more
2490 charter schools, each with a governing board that has a
2491 demonstrated record of effectiveness. Such charter schools are
2492 eligible for funding from the hope supplemental services
2493 allocation established by s. 1011.62(16). ; or
2494 3. Contract with an outside entity that has a demonstrated
2495 record of effectiveness to operate the school. An outside entity
2496 may include:
2497 a. A district-managed charter school in which all
2498 instructional personnel are not employees of the school
2499 district, but are employees of an independent governing board
2500 composed of members who did not participate in the review or
2501 approval of the charter. A district-managed charter school is
2502 eligible for funding from the hope supplemental services
2503 allocation established by s. 1011.62(16); or
2504 b. A hope operator that submits to a school district a
2505 notice of intent of a performance-based agreement pursuant to s.
2506 1002.333. A school of hope established pursuant to this sub
2507 subparagraph is eligible for funding from the hope supplemental
2508 services allocation for up to 5 years, beginning in the school
2509 year in which the school of hope is established, if the school
2510 of hope:
2511 (I) Is established at the district-owned facilities of the
2512 persistently low-performing school;
2513 (II) Gives priority enrollment to students who are enrolled
2514 in, or are eligible to attend and are living in the attendance
2515 area of, the persistently low-performing school that the school
2516 of hope operates, consistent with the enrollment lottery
2517 exemption provided under s. 1002.333(5)(c); and
2518 (III) Meets the requirements of its performance-based
2519 agreement pursuant to s. 1002.333.
2520 4. Implement a franchise model school in which a highly
2521 effective principal, pursuant to s. 1012.34, leads the
2522 persistently low-performing school in addition to the
2523 principal’s currently assigned school. The franchise model
2524 school principal may allocate resources and personnel between
2525 the schools he or she leads. The persistently low-performing
2526 school is eligible for funding from the hope supplemental
2527 services allocation established under s. 1011.62(16).
2528 (c) Implementation of the turnaround option is no longer
2529 required if the school improves to a grade of “C” or higher.
2530 (d) If a school earning two consecutive grades of “D” or a
2531 grade of “F” does not improve to a grade of “C” or higher after
2532 2 full school years of implementing the turnaround option
2533 selected by the school district under paragraph (b), the school
2534 district must implement another turnaround option.
2535 Implementation of the turnaround option must begin the school
2536 year following the implementation period of the existing
2537 turnaround option, unless the state board determines that the
2538 school is likely to improve to a grade of “C” or higher if
2539 additional time is provided to implement the existing turnaround
2541 Section 31. Present subsections (16) and (17) of section
2542 1011.62, Florida Statutes, are redesignated as subsections (19)
2543 and (20), respectively, new subsections (16) and (17) and
2544 subsection (18) are added to that section, and paragraphs (o)
2545 and (t) of subsection (1), paragraph (a) of subsection (4), and
2546 subsection (14) of that section are amended, to read:
2547 1011.62 Funds for operation of schools.—If the annual
2548 allocation from the Florida Education Finance Program to each
2549 district for operation of schools is not determined in the
2550 annual appropriations act or the substantive bill implementing
2551 the annual appropriations act, it shall be determined as
2553 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
2554 OPERATION.—The following procedure shall be followed in
2555 determining the annual allocation to each district for
2557 (o) Calculation of additional full-time equivalent
2558 membership based on successful completion of a career-themed
2559 course pursuant to ss. 1003.491, 1003.492, and 1003.493, or
2560 courses with embedded CAPE industry certifications or CAPE
2561 Digital Tool certificates, and issuance of industry
2562 certification identified on the CAPE Industry Certification
2563 Funding List pursuant to rules adopted by the State Board of
2564 Education or CAPE Digital Tool certificates pursuant to s.
2566 1.a. A value of 0.025 full-time equivalent student
2567 membership shall be calculated for CAPE Digital Tool
2568 certificates earned by students in elementary and middle school
2570 b. A value of 0.1 or 0.2 full-time equivalent student
2571 membership shall be calculated for each student who completes a
2572 course as defined in s. 1003.493(1)(b) or courses with embedded
2573 CAPE industry certifications and who is issued an industry
2574 certification identified annually on the CAPE Industry
2575 Certification Funding List approved under rules adopted by the
2576 State Board of Education. A value of 0.2 full-time equivalent
2577 membership shall be calculated for each student who is issued a
2578 CAPE industry certification that has a statewide articulation
2579 agreement for college credit approved by the State Board of
2580 Education. For CAPE industry certifications that do not
2581 articulate for college credit, the Department of Education shall
2582 assign a full-time equivalent value of 0.1 for each
2583 certification. Middle grades students who earn additional FTE
2584 membership for a CAPE Digital Tool certificate pursuant to sub
2585 subparagraph a. may not use the previously funded examination to
2586 satisfy the requirements for earning an industry certification
2587 under this sub-subparagraph. Additional FTE membership for an
2588 elementary or middle grades student may not exceed 0.1 for
2589 certificates or certifications earned within the same fiscal
2590 year. The State Board of Education shall include the assigned
2591 values on the CAPE Industry Certification Funding List under
2592 rules adopted by the state board. Such value shall be added to
2593 the total full-time equivalent student membership for grades 6
2594 through 12 in the subsequent year. CAPE industry certifications
2595 earned through dual enrollment must be reported and funded
2596 pursuant to s. 1011.80. However, if a student earns a
2597 certification through a dual enrollment course and the
2598 certification is not a fundable certification on the
2599 postsecondary certification funding list, or the dual enrollment
2600 certification is earned as a result of an agreement between a
2601 school district and a nonpublic postsecondary institution, the
2602 bonus value shall be funded in the same manner as other nondual
2603 enrollment course industry certifications. In such cases, the
2604 school district may provide for an agreement between the high
2605 school and the technical center, or the school district and the
2606 postsecondary institution may enter into an agreement for
2607 equitable distribution of the bonus funds.
2608 c. A value of 0.3 full-time equivalent student membership
2609 shall be calculated for student completion of the courses and
2610 the embedded certifications identified on the CAPE Industry
2611 Certification Funding List and approved by the commissioner
2612 pursuant to ss. 1003.4203(5)(a) and 1008.44.
2613 d. A value of 0.5 full-time equivalent student membership
2614 shall be calculated for CAPE Acceleration Industry
2615 Certifications that articulate for 15 to 29 college credit
2616 hours, and 1.0 full-time equivalent student membership shall be
2617 calculated for CAPE Acceleration Industry Certifications that
2618 articulate for 30 or more college credit hours pursuant to CAPE
2619 Acceleration Industry Certifications approved by the
2620 commissioner pursuant to ss. 1003.4203(5)(b) and 1008.44.
2621 2. Each district must allocate at least 80 percent of the
2622 funds provided for CAPE industry certification, in accordance
2623 with this paragraph, to the program that generated the funds.
2624 This allocation may not be used to supplant funds provided for
2625 basic operation of the program.
2626 3. For CAPE industry certifications earned in the 2013-2014
2627 school year and in subsequent years, the school district shall
2628 distribute to each classroom teacher who provided direct
2629 instruction toward the attainment of a CAPE industry
2630 certification that qualified for additional full-time equivalent
2631 membership under subparagraph 1.:
2632 a. A bonus of $25 for each student taught by a teacher who
2633 provided instruction in a course that led to the attainment of a
2634 CAPE industry certification on the CAPE Industry Certification
2635 Funding List with a weight of 0.1.
2636 b. A bonus of $50 for each student taught by a teacher who
2637 provided instruction in a course that led to the attainment of a
2638 CAPE industry certification on the CAPE Industry Certification
2639 Funding List with a weight of 0.2.
2640 c. A bonus of $75 for each student taught by a teacher who
2641 provided instruction in a course that led to the attainment of a
2642 CAPE industry certification on the CAPE Industry Certification
2643 Funding List with a weight of 0.3.
2644 d. A bonus of $100 for each student taught by a teacher who
2645 provided instruction in a course that led to the attainment of a
2646 CAPE industry certification on the CAPE Industry Certification
2647 Funding List with a weight of 0.5 or 1.0.
2649 Bonuses awarded pursuant to this paragraph shall be provided to
2650 teachers who are employed by the district in the year in which
2651 the additional FTE membership calculation is included in the
2652 calculation. Bonuses shall be calculated based upon the
2653 associated weight of a CAPE industry certification on the CAPE
2654 Industry Certification Funding List for the year in which the
2655 certification is earned by the student. Any bonus awarded to a
2656 teacher pursuant to under this paragraph is in addition to any
2657 regular wage or other bonus the teacher received or is scheduled
2658 to receive. A bonus may not be awarded to a teacher who fails to
2659 maintain the security of any CAPE industry certification
2660 examination or who otherwise violates the security or
2661 administration protocol of any assessment instrument that may
2662 result in a bonus being awarded to the teacher under this
2664 (t) Computation for funding through the Florida Education
2665 Finance Program.—The State Board of Education may adopt rules
2666 establishing programs, industry certifications, and courses for
2667 which the student may earn credit toward high school graduation
2668 and the criteria under which a student’s industry certification
2669 or grade may be rescinded.
2670 (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
2671 Legislature shall prescribe the aggregate required local effort
2672 for all school districts collectively as an item in the General
2673 Appropriations Act for each fiscal year. The amount that each
2674 district shall provide annually toward the cost of the Florida
2675 Education Finance Program for kindergarten through grade 12
2676 programs shall be calculated as follows:
2677 (a) Estimated taxable value calculations.—
2678 1.a. Not later than 2 working days before July 19, the
2679 Department of Revenue shall certify to the Commissioner of
2680 Education its most recent estimate of the taxable value for
2681 school purposes in each school district and the total for all
2682 school districts in the state for the current calendar year
2683 based on the latest available data obtained from the local
2684 property appraisers. The value certified shall be the taxable
2685 value for school purposes for that year, and no further
2686 adjustments shall be made, except those made pursuant to
2687 paragraphs (c) and (d), or an assessment roll change required by
2688 final judicial decisions as specified in paragraph (19)(b)
2689 (16)(b). Not later than July 19, the Commissioner of Education
2690 shall compute a millage rate, rounded to the next highest one
2691 one-thousandth of a mill, which, when applied to 96 percent of
2692 the estimated state total taxable value for school purposes,
2693 would generate the prescribed aggregate required local effort
2694 for that year for all districts. The Commissioner of Education
2695 shall certify to each district school board the millage rate,
2696 computed as prescribed in this subparagraph, as the minimum
2697 millage rate necessary to provide the district required local
2698 effort for that year.
2699 b. The General Appropriations Act shall direct the
2700 computation of the statewide adjusted aggregate amount for
2701 required local effort for all school districts collectively from
2702 ad valorem taxes to ensure that no school district’s revenue
2703 from required local effort millage will produce more than 90
2704 percent of the district’s total Florida Education Finance
2705 Program calculation as calculated and adopted by the
2706 Legislature, and the adjustment of the required local effort
2707 millage rate of each district that produces more than 90 percent
2708 of its total Florida Education Finance Program entitlement to a
2709 level that will produce only 90 percent of its total Florida
2710 Education Finance Program entitlement in the July calculation.
2711 2. On the same date as the certification in sub
2712 subparagraph 1.a., the Department of Revenue shall certify to
2713 the Commissioner of Education for each district:
2714 a. Each year for which the property appraiser has certified
2715 the taxable value pursuant to s. 193.122(2) or (3), if
2716 applicable, since the prior certification under sub-subparagraph
2718 b. For each year identified in sub-subparagraph a., the
2719 taxable value certified by the appraiser pursuant to s.
2720 193.122(2) or (3), if applicable, since the prior certification
2721 under sub-subparagraph 1.a. This is the certification that
2722 reflects all final administrative actions of the value
2723 adjustment board.
2724 (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may
2725 annually in the General Appropriations Act determine a
2726 percentage increase in funds per K-12 unweighted FTE as a
2727 minimum guarantee to each school district. The guarantee shall
2728 be calculated from prior year base funding per unweighted FTE
2729 student which shall include the adjusted FTE dollars as provided
2730 in subsection (19) (16), quality guarantee funds, and actual
2731 nonvoted discretionary local effort from taxes. From the base
2732 funding per unweighted FTE, the increase shall be calculated for
2733 the current year. The current year funds from which the
2734 guarantee shall be determined shall include the adjusted FTE
2735 dollars as provided in subsection (19) (16) and potential
2736 nonvoted discretionary local effort from taxes. A comparison of
2737 current year funds per unweighted FTE to prior year funds per
2738 unweighted FTE shall be computed. For those school districts
2739 which have less than the legislatively assigned percentage
2740 increase, funds shall be provided to guarantee the assigned
2741 percentage increase in funds per unweighted FTE student. Should
2742 appropriated funds be less than the sum of this calculated
2743 amount for all districts, the commissioner shall prorate each
2744 district’s allocation. This provision shall be implemented to
2745 the extent specifically funded.
2746 (16) HOPE SUPPLEMENTAL SERVICES ALLOCATION.-The hope
2747 supplemental services allocation is created to provide district
2748 managed turnaround schools, as required under s. 1008.33(4)(a),
2749 charter schools authorized under s. 1008.33(4)(b)2., district
2750 managed charter schools authorized under s. 1008.33(4)(b)3.a.,
2751 schools of hope authorized under s. 1008.33(4)(b)3.b., and
2752 franchise model schools as authorized under s. 1008.33(4)(b)4.,
2753 with funds to offer services designed to improve the overall
2754 academic and community welfare of the schools’ students and
2755 their families.
2756 (a) Services funded by the allocation may include, but are
2757 not limited to, tutorial and after-school programs, student
2758 counseling, nutrition education, and parental counseling. In
2759 addition, services may also include models that develop a
2760 culture that encourages students to complete high school and to
2761 attend college or career training, set high academic
2762 expectations, inspire character development, and include an
2763 extended school day and school year.
2764 (b) Prior to distribution of the allocation, a school
2765 district, for a district turnaround school and persistently low
2766 performing schools that use a franchise model; a hope operator,
2767 for a school of hope; or the charter school governing board for
2768 a charter school, as applicable, shall develop and submit a plan
2769 for implementation to its respective governing body for approval
2770 no later than August 1 of the fiscal year.
2771 (c) At a minimum, the plans required under paragraph (b)
2773 1. Establish comprehensive support services that develop
2774 family and community partnerships;
2775 2. Establish clearly defined and measurable high academic
2776 and character standards;
2777 3. Increase parental involvement and engagement in the
2778 child’s education;
2779 4. Describe how instructional personnel will be identified,
2780 recruited, retained, and rewarded;
2781 5. Provide professional development that focuses on
2782 academic rigor, direct instruction, and creating high academic
2783 and character standards; and
2784 6. Provide focused instruction to improve student academic
2785 proficiency, which may include additional instruction time
2786 beyond the normal school day or school year.
2787 (d) Each school district and hope operator shall submit
2788 approved plans to the commissioner by September 1 of each fiscal
2790 (e) For the 2018-2019 fiscal year, a school that is
2791 selected to receive funding in the 2017-2018 fiscal year
2792 pursuant to s. 1002.333(10)(c) shall receive $2,000 per FTE. A
2793 district-managed turnaround school required under s.
2794 1008.33(4)(a), charter school authorized under s.
2795 1008.33(4)(b)2., district-managed charter school authorized
2796 under s. 1008.33(4)(b)3.a., school of hope authorized under s.
2797 1008.33(4)(b)3.b., and franchise model school authorized under
2798 s. 1008.33(4)(b)4. are eligible for the remaining funds based on
2799 the school’s unweighted FTE, up to $2,000 per FTE or as provided
2800 in the General Appropriations Act.
2801 (f) For the 2019-2020 fiscal year and thereafter, each
2802 school district’s allocation shall be based on the unweighted
2803 FTE student enrollment at the eligible schools and a per-FTE
2804 funding amount of up to $2,000 per FTE or as provided in the
2805 General Appropriations Act. If the calculated funds for
2806 unweighted FTE student enrollment at the eligible schools exceed
2807 the per-FTE funds appropriated, the allocation of funds to each
2808 school district must be prorated based on each school district’s
2809 share of the total unweighted FTE student enrollment for the
2810 eligible schools.
2811 (17) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
2812 assistance allocation is created to provide funding to assist
2813 school districts and charter schools in their compliance with
2814 the requirements and specifications established in s. 1006.05.
2815 These funds must be allocated annually in the General
2816 Appropriations Act to each eligible school district and
2817 developmental research school based on each entity’s
2818 proportionate share of Florida Education Finance Program base
2819 funding. The district funding allocation must include a minimum
2820 amount, as provided in the General Appropriations Act. Eligible
2821 charter schools are entitled to a proportionate share of
2822 district funding for the program. The allocated funds may not
2823 supplant funds that are provided for this purpose from other
2824 operating funds and may not be used to increase salaries or
2825 provide bonuses, except for personnel hired to implement the
2826 plans required by s. 1006.05. School districts and schools must
2827 maximize third-party funding from Medicaid and private insurance
2828 when appropriate.
2829 (18) FUNDING COMPRESSION ALLOCATION.—The Legislature may
2830 provide an annual funding compression allocation in the General
2831 Appropriations Act. The allocation is created to provide
2832 additional funding to school districts and developmental
2833 research schools whose total funds per FTE in the prior year
2834 were less than the statewide average. Using the most recent
2835 prior year FEFP calculation for each eligible school district,
2836 the total funds per FTE shall be subtracted from the state
2837 average funds per FTE, not including any adjustments made
2838 pursuant to paragraph (19)(b). The resulting funds per FTE
2839 difference, or a portion thereof, as designated in the General
2840 Appropriations Act, shall then be multiplied by the school
2841 district’s total unweighted FTE to provide the allocation. If
2842 the calculated funds are greater than the amount included in the
2843 General Appropriations Act, they must be prorated to the
2844 appropriation amount based on each participating school
2845 district’s share.
2846 Section 32. Subsection (5) of section 1011.69, Florida
2847 Statutes, is amended to read:
2848 1011.69 Equity in School-Level Funding Act.—
2849 (5) After providing Title I, Part A, Basic funds to schools
2850 above the 75 percent poverty threshold, which may include high
2851 schools above the 50 percent threshold as allowed by federal
2852 law, school districts shall provide any remaining Title I, Part
2853 A, Basic funds directly to all eligible schools as provided in
2854 this subsection. For purposes of this subsection, an eligible
2855 school is a school that is eligible to receive Title I funds,
2856 including a charter school. The threshold for identifying
2857 eligible schools may not exceed the threshold established by a
2858 school district for the 2016-2017 school year or the statewide
2859 percentage of economically disadvantaged students, as determined
2861 (a) Prior to the allocation of Title I funds to eligible
2862 schools, a school district may withhold funds only as follows:
2863 1. One percent for parent involvement, in addition to the
2864 one percent the district must reserve under federal law for
2865 allocations to eligible schools for parent involvement;
2866 2. A necessary and reasonable amount for administration; ,
2867 3. which includes The district’s approved indirect cost
2868 rate , not to exceed a total of 8 percent; and
2869 4. 3. A reasonable and necessary amount to provide:
2870 a. Homeless programs;
2871 b. Delinquent and neglected programs;
2872 c. Prekindergarten programs and activities;
2873 d. Private school equitable services; and
2874 e. Transportation for foster care children to their school
2875 of origin or choice programs; and .
2876 5. A necessary and reasonable amount for eligible schools
2877 to provide:
2878 a. Extended learning opportunities, such as summer school,
2879 before-school and after-school programs, and additional class
2880 periods of instruction during the school day; and
2881 b. Supplemental academic and enrichment services, staff
2882 development, and planning and curriculum, as well as wrap-around
2884 (b) All remaining Title I funds shall be distributed to all
2885 eligible schools in accordance with federal law and regulation.
2886 To maximize the efficient use of resources, school districts may
2887 allow eligible schools, not including charter schools, to An
2888 eligible school may use funds under this subsection for
2889 district-level to participate in discretionary educational
2890 services provided by the school district.
2891 Section 33. Subsection (5) of section 1011.71, Florida
2892 Statutes, is amended to read:
2893 1011.71 District school tax.—
2894 (5) Effective July 1, 2008, A school district may expend,
2895 subject to the provisions of s. 200.065, up to $150 $100 per
2896 unweighted full-time equivalent student from the revenue
2897 generated by the millage levy authorized by subsection (2) to
2898 fund, in addition to expenditures authorized in paragraphs
2899 (2)(a)-(j), expenses for the following:
2900 (a) The purchase, lease-purchase, or lease of driver’s
2901 education vehicles; motor vehicles used for the maintenance or
2902 operation of plants and equipment; security vehicles; or
2903 vehicles used in storing or distributing materials and
2905 (b) Payment of the cost of premiums, as defined in s.
2906 627.403, for property and casualty insurance necessary to insure
2907 school district educational and ancillary plants. As used in
2908 this paragraph, casualty insurance has the same meaning as in s.
2909 624.605(1)(d), (f), (g), (h), and (m). Operating revenues that
2910 are made available through the payment of property and casualty
2911 insurance premiums from revenues generated under this subsection
2912 may be expended only for nonrecurring operational expenditures
2913 of the school district.
2914 Section 34. Section 1012.315, Florida Statutes, is amended
2915 to read:
2916 1012.315 Disqualification from employment.—A person is
2917 ineligible for educator certification, and instructional
2918 personnel and school administrators, as defined in s. 1012.01,
2919 are ineligible for employment in any position that requires
2920 direct contact with students in a district school system,
2921 charter school, or private school that accepts scholarship
2922 students under s. 1002.385, s. 1002.39, or s. 1002.395, or
2923 another state scholarship program under chapter 1002, if the
2924 person, instructional personnel, or school administrator has
2925 been convicted of:
2926 (1) Any felony offense prohibited under any of the
2927 following statutes:
2928 (a) Section 393.135, relating to sexual misconduct with
2929 certain developmentally disabled clients and reporting of such
2930 sexual misconduct.
2931 (b) Section 394.4593, relating to sexual misconduct with
2932 certain mental health patients and reporting of such sexual
2934 (c) Section 415.111, relating to adult abuse, neglect, or
2935 exploitation of aged persons or disabled adults.
2936 (d) Section 782.04, relating to murder.
2937 (e) Section 782.07, relating to manslaughter, aggravated
2938 manslaughter of an elderly person or disabled adult, aggravated
2939 manslaughter of a child, or aggravated manslaughter of an
2940 officer, a firefighter, an emergency medical technician, or a
2942 (f) Section 784.021, relating to aggravated assault.
2943 (g) Section 784.045, relating to aggravated battery.
2944 (h) Section 784.075, relating to battery on a detention or
2945 commitment facility staff member or a juvenile probation
2947 (i) Section 787.01, relating to kidnapping.
2948 (j) Section 787.02, relating to false imprisonment.
2949 (k) Section 787.025, relating to luring or enticing a
2951 (l) Section 787.04(2), relating to leading, taking,
2952 enticing, or removing a minor beyond the state limits, or
2953 concealing the location of a minor, with criminal intent pending
2954 custody proceedings.
2955 (m) Section 787.04(3), relating to leading, taking,
2956 enticing, or removing a minor beyond the state limits, or
2957 concealing the location of a minor, with criminal intent pending
2958 dependency proceedings or proceedings concerning alleged abuse
2959 or neglect of a minor.
2960 (n) Section 790.115(1), relating to exhibiting firearms or
2961 weapons at a school-sponsored event, on school property, or
2962 within 1,000 feet of a school.
2963 (o) Section 790.115(2)(b), relating to possessing an
2964 electric weapon or device, destructive device, or other weapon
2965 at a school-sponsored event or on school property.
2966 (p) Section 794.011, relating to sexual battery.
2967 (q) Former s. 794.041, relating to sexual activity with or
2968 solicitation of a child by a person in familial or custodial
2970 (r) Section 794.05, relating to unlawful sexual activity
2971 with certain minors.
2972 (s) Section 794.08, relating to female genital mutilation.
2973 (t) Chapter 796, relating to prostitution.
2974 (u) Chapter 800, relating to lewdness and indecent
2976 (v) Section 806.01, relating to arson.
2977 (w) Section 810.14, relating to voyeurism.
2978 (x) Section 810.145, relating to video voyeurism.
2979 (y) Section 812.014(6), relating to coordinating the
2980 commission of theft in excess of $3,000.
2981 (z) Section 812.0145, relating to theft from persons 65
2982 years of age or older.
2983 (aa) Section 812.019, relating to dealing in stolen
2985 (bb) Section 812.13, relating to robbery.
2986 (cc) Section 812.131, relating to robbery by sudden
2988 (dd) Section 812.133, relating to carjacking.
2989 (ee) Section 812.135, relating to home-invasion robbery.
2990 (ff) Section 817.563, relating to fraudulent sale of
2991 controlled substances.
2992 (gg) Section 825.102, relating to abuse, aggravated abuse,
2993 or neglect of an elderly person or disabled adult.
2994 (hh) Section 825.103, relating to exploitation of an
2995 elderly person or disabled adult.
2996 (ii) Section 825.1025, relating to lewd or lascivious
2997 offenses committed upon or in the presence of an elderly person
2998 or disabled person.
2999 (jj) Section 826.04, relating to incest.
3000 (kk) Section 827.03, relating to child abuse, aggravated
3001 child abuse, or neglect of a child.
3002 (ll) Section 827.04, relating to contributing to the
3003 delinquency or dependency of a child.
3004 (mm) Section 827.071, relating to sexual performance by a
3006 (nn) Section 843.01, relating to resisting arrest with
3008 (oo) Chapter 847, relating to obscenity.
3009 (pp) Section 874.05, relating to causing, encouraging,
3010 soliciting, or recruiting another to join a criminal street
3012 (qq) Chapter 893, relating to drug abuse prevention and
3013 control, if the offense was a felony of the second degree or
3014 greater severity.
3015 (rr) Section 916.1075, relating to sexual misconduct with
3016 certain forensic clients and reporting of such sexual
3018 (ss) Section 944.47, relating to introduction, removal, or
3019 possession of contraband at a correctional facility.
3020 (tt) Section 985.701, relating to sexual misconduct in
3021 juvenile justice programs.
3022 (uu) Section 985.711, relating to introduction, removal, or
3023 possession of contraband at a juvenile detention facility or
3024 commitment program.
3025 (2) Any misdemeanor offense prohibited under any of the
3026 following statutes:
3027 (a) Section 784.03, relating to battery, if the victim of
3028 the offense was a minor.
3029 (b) Section 787.025, relating to luring or enticing a
3031 (3) Any criminal act committed in another state or under
3032 federal law which, if committed in this state, constitutes an
3033 offense prohibited under any statute listed in subsection (1) or
3034 subsection (2).
3035 (4) Any delinquent act committed in this state or any
3036 delinquent or criminal act committed in another state or under
3037 federal law which, if committed in this state, qualifies an
3038 individual for inclusion on the Registered Juvenile Sex Offender
3039 List under s. 943.0435(1)(h)1.d.
3040 Section 35. Paragraphs (b) and (c) of subsection (3) of
3041 section 1012.731, Florida Statutes, are amended to read:
3042 1012.731 The Florida Best and Brightest Teacher Scholarship
3045 (b)1. In order to demonstrate eligibility for an award, an
3046 eligible classroom teacher must submit to the school district,
3047 no later than November 1, an official record of his or her
3048 qualifying assessment score and, beginning with the 2020-2021
3049 school year, an official transcript demonstrating that he or she
3050 graduated cum laude or higher with a baccalaureate degree, if
3051 applicable. Once a classroom teacher is deemed eligible by the
3052 school district, the teacher shall remain eligible as long as he
3053 or she remains employed by the school district as a classroom
3054 teacher at the time of the award and receives an annual
3055 performance evaluation rating of highly effective pursuant to s.
3056 1012.34 or is evaluated as highly effective based on a
3057 commissioner-approved student learning growth formula pursuant
3058 to s. 1012.34(8) for the 2019-2020 school year or thereafter.
3059 2. A school district employee who, in the prior school
3060 year, was rated highly effective and met the eligibility
3061 requirements under this section as a classroom teacher, is
3062 eligible to receive a scholarship award during the current
3063 school year if he or she maintains employment with the school
3065 (c) Notwithstanding the requirements of this subsection,
3066 for the 2017-2018, 2018-2019, and 2019-2020 school years, any
3067 classroom teacher who:
3068 1. Was evaluated as highly effective pursuant to s. 1012.34
3069 in the school year immediately preceding the year in which the
3070 scholarship will be awarded shall receive a scholarship of
3071 $1200, including a classroom teacher who received an award
3072 pursuant to paragraph (a).
3073 2. Was evaluated as effective pursuant to s. 1012.34 in the
3074 school year immediately preceding the year in which the
3075 scholarship will be awarded a scholarship of up to $800. If the
3076 number of eligible classroom teachers under this subparagraph
3077 exceeds the total allocation, the department shall prorate the
3078 per-teacher scholarship amount.
3080 This paragraph expires July 1, 2020.
3081 Section 36. Subsections (2), (3), and (4) of section
3082 1012.732, Florida Statutes, are amended to read:
3083 1012.732 The Florida Best and Brightest Principal
3084 Scholarship Program.—
3085 (2) There is created the Florida Best and Brightest
3086 Principal Scholarship Program to be administered by the
3087 Department of Education. The program shall provide categorical
3088 funding for scholarships to be awarded to school principals, as
3089 defined in s. 1012.01(3)(c)1., who are serving as a franchise
3090 model school principal or who have recruited and retained a high
3091 percentage of best and brightest teachers.
3092 (3)(a) A school principal identified pursuant to s.
3093 1012.731(4)(c) is eligible to receive a scholarship under this
3094 section if he or she has served as school principal at his or
3095 her school for at least 2 consecutive school years including the
3096 current school year and his or her school has a ratio of best
3097 and brightest teachers to other classroom teachers that is at
3098 the 80th percentile or higher for schools within the same grade
3099 group, statewide, including elementary schools, middle schools,
3100 high schools, and schools with a combination of grade levels.
3101 (b) A principal of a franchise model school, as defined in
3102 s. 1002.334, is eligible to receive a scholarship under this
3104 (4) Annually, by February 1, the department shall identify
3105 eligible school principals and disburse funds to each school
3106 district for each eligible school principal to receive a
3108 (a) A scholarship of $10,000 $5,000 must be awarded to each
3109 franchise model school principal who is every eligible under
3110 paragraph (3)(b).
3111 (b) A scholarship of $5,000 must be awarded to each school
3112 principal assigned to a Title I school and a scholarship of
3113 $4,000 to each every eligible school principal who is not
3114 assigned to a Title I school and who is eligible under paragraph
3116 Section 37. Paragraph (e) of subsection (1) of section
3117 1012.796, Florida Statutes, is amended to read:
3118 1012.796 Complaints against teachers and administrators;
3119 procedure; penalties.—
3121 (e) If allegations arise against an employee who is
3122 certified under s. 1012.56 and employed in an educator
3123 certificated position in any public school, charter school or
3124 governing board thereof, or private school that accepts
3125 scholarship students under s. 1002.385, s. 1002.39, or s.
3126 1002.395, or another state scholarship program under chapter
3127 1002, the school shall file in writing with the department a
3128 legally sufficient complaint within 30 days after the date on
3129 which the subject matter of the complaint came to the attention
3130 of the school. A complaint is legally sufficient if it contains
3131 ultimate facts that show a violation has occurred as provided in
3132 s. 1012.795 and defined by rule of the State Board of Education.
3133 The school shall include all known information relating to the
3134 complaint with the filing of the complaint. This paragraph does
3135 not limit or restrict the power and duty of the department to
3136 investigate complaints, regardless of the school’s untimely
3137 filing, or failure to file, complaints and followup reports.
3138 Section 38. Present paragraphs (a) through (d) of
3139 subsection (1) of section 1013.31, Florida Statutes, are
3140 redesignated as paragraphs (b) through (e), respectively, and a
3141 new paragraph (a) is added to that subsection, to read:
3142 1013.31 Educational plant survey; localized need
3143 assessment; PECO project funding.—
3144 (1) At least every 5 years, each board shall arrange for an
3145 educational plant survey, to aid in formulating plans for
3146 housing the educational program and student population, faculty,
3147 administrators, staff, and auxiliary and ancillary services of
3148 the district or campus, including consideration of the local
3149 comprehensive plan. The Department of Education shall document
3150 the need for additional career and adult education programs and
3151 the continuation of existing programs before facility
3152 construction or renovation related to career or adult education
3153 may be included in the educational plant survey of a school
3154 district or Florida College System institution that delivers
3155 career or adult education programs. Information used by the
3156 Department of Education to establish facility needs must
3157 include, but need not be limited to, labor market data, needs
3158 analysis, and information submitted by the school district or
3159 Florida College System institution.
3160 (a) Educational plant survey and localized need assessment
3161 for capital outlay purposes.—A district may only use funds from
3162 the following sources for educational, auxiliary, and ancillary
3163 plant capital outlay purposes without needing a survey
3165 1. The local capital outlay improvement fund, consisting of
3166 funds that come from and are a part of the district’s basic
3167 operating budget;
3168 2. If a board decides to build an educational, auxiliary,
3169 or ancillary facility without a survey recommendation and the
3170 taxpayers approve a bond referendum, the voted bond referendum;
3171 3. One-half cent sales surtax revenue;
3172 4. One cent local governmental surtax revenue;
3173 5. Impact fees; and
3174 6. Private gifts or donations.
3175 Section 39. Paragraph (e) is added to subsection (2) of
3176 section 1013.385, Florida Statutes, to read:
3177 1013.385 School district construction flexibility.—
3178 (2) A resolution adopted under this section may propose
3179 implementation of exceptions to requirements of the uniform
3180 statewide building code for the planning and construction of
3181 public educational and ancillary plants adopted pursuant to ss.
3182 553.73 and 1013.37 relating to:
3183 (e) Any other provisions that limit the ability of a school
3184 to operate in a facility on the same basis as a charter school
3185 pursuant to s. 1002.33(18) if the regional planning council
3186 determines that there is sufficient shelter capacity within the
3187 school district as documented in the Statewide Emergency Shelter
3189 Section 40. Subsection (3) of section 1013.62, Florida
3190 Statutes, is amended, and paragraph (c) is added to subsection
3191 (1) of that section, to read:
3192 1013.62 Charter schools capital outlay funding.—
3193 (1) Charter school capital outlay funding shall consist of
3194 revenue resulting from the discretionary millage authorized in
3195 s. 1011.71(2) and state funds when such funds are appropriated
3196 in the General Appropriations Act.
3197 (c) It is the intent of the Legislature that the public
3198 interest be protected by prohibiting personal financial
3199 enrichment by owners, operators, managers, real estate
3200 developers, and other affiliated parties of charter schools.
3201 Therefore, a charter school is not eligible for a funding
3202 allocation unless the chair of the governing board and the chief
3203 administrative officer of the charter school annually certify
3204 under oath that the funds will be used solely and exclusively
3205 for constructing, renovating, or improving charter school
3206 facilities that are:
3207 1. Owned by a school district, a political subdivision of
3208 the state, a municipality, a Florida College System institution,
3209 or a state university;
3210 2. Owned by an organization that is qualified as an exempt
3211 organization under s. 501(c)(3) of the Internal Revenue Code
3212 whose articles of incorporation specify that, upon the
3213 organization’s dissolution, the subject property will be
3214 transferred to a school district, a political subdivision of the
3215 state, a municipality, a Florida College System institution, or
3216 a state university; or
3217 3. Owned by and leased, at a fair market value in the
3218 school district in which the charter school is located, from a
3219 person or entity that is not an affiliated party of the charter
3220 school. For the purposes of this subparagraph, the term
3221 “affiliated party of the charter school” means the applicant for
3222 the charter school pursuant to s. 1002.33; the governing board
3223 of the charter school or a member of the governing board; the
3224 charter school owner; the charter school principal; an employee
3225 of the charter school; an independent contractor of the charter
3226 school or the governing board of the charter school; a relative,
3227 as defined in s. 1002.33(24)(a)2., of a charter school governing
3228 board member, a charter school owner, a charter school
3229 principal, a charter school employee, or an independent
3230 contractor of a charter school or charter school governing
3231 board; a subsidiary corporation, a service corporation, an
3232 affiliated corporation, a parent corporation, a limited
3233 liability company, a limited partnership, a trust, a
3234 partnership, or a related party that, individually or through
3235 one or more entities, shares common ownership or control and
3236 directly or indirectly manages, administers, controls, or
3237 oversees the operation of the charter school; or any person or
3238 entity, individually or through one or more entities that share
3239 common ownership, which directly or indirectly manages,
3240 administers, controls, or oversees the operation of any of the
3242 (3) If the school board levies the discretionary millage
3243 authorized in s. 1011.71(2), the department shall use the
3244 following calculation methodology to determine the amount of
3245 revenue that a school district must distribute to each eligible
3246 charter school:
3247 (a) Reduce the total discretionary millage revenue by the
3248 school district’s annual debt service obligation incurred as of
3249 March 1, 2017, and any amount of participation requirement
3250 pursuant to s. 1013.64(2)(a)8. that is being satisfied by
3251 revenues raised by the discretionary millage.
3252 (b) Divide the school district’s adjusted discretionary
3253 millage revenue by the district’s total capital outlay full-time
3254 equivalent membership and the total number of unweighted full
3255 time equivalent students of each eligible charter school to
3256 determine a capital outlay allocation per full-time equivalent
3258 (c) Multiply the capital outlay allocation per full-time
3259 equivalent student by the total number of full-time equivalent
3260 students for all of each eligible charter schools within the
3261 district school to determine the total charter school capital
3262 outlay allocation for each district charter school.
3263 (d) If applicable, reduce the capital outlay allocation
3264 identified in paragraph (c) by the total amount of state funds
3265 allocated pursuant to subsection (2) to all each eligible
3266 charter schools within a district school in subsection (2) to
3267 determine the net total maximum calculated capital outlay
3268 allocation from local funds. If state funds are not allocated
3269 pursuant to subsection (2), the amount determined in paragraph
3270 (c) is equal to the net total calculated capital outlay
3271 allocation from local funds for each district.
3272 (e) For each charter school within each district, the net
3273 capital outlay amount from local funds shall be calculated in
3274 the same manner as the state funds in paragraphs (2)(a)-(d),
3275 except that the base charter school per weighted FTE allocation
3276 amount shall be determined by dividing the net total capital
3277 outlay amount from local funds by the total weighted FTE for all
3278 eligible charter schools within the district. The per weighted
3279 FTE allocation amount from local funds shall be multiplied by
3280 the weighted FTE for each charter school to determine each
3281 charter school’s capital outlay allocation from local funds.
3282 (f) (e) School districts shall distribute capital outlay
3283 funds to charter schools no later than February 1 of each year ,
3284 beginning on February 1, 2018, for the 2017-2018 fiscal year.
3285 Section 41. Effective July 1, 2019, subsection (13) of
3286 section 212.08, Florida Statutes, is amended to read:
3287 212.08 Sales, rental, use, consumption, distribution, and
3288 storage tax; specified exemptions.—The sale at retail, the
3289 rental, the use, the consumption, the distribution, and the
3290 storage to be used or consumed in this state of the following
3291 are hereby specifically exempt from the tax imposed by this
3293 (13) No transactions shall be exempt from the tax imposed
3294 by this chapter except those expressly exempted herein. All laws
3295 granting tax exemptions, to the extent they may be inconsistent
3296 or in conflict with this chapter, including, but not limited to,
3297 the following designated laws, shall yield to and be superseded
3298 by the provisions of this subsection: ss. 125.019, 153.76,
3299 154.2331, 159.15, 159.31, 159.50, 159.708, 163.385, 163.395,
3300 215.76, 243.33, 315.11, 348.65, 348.762, 349.13, 403.1834, and
3301 616.07 , and 623.09, and the following Laws of Florida, acts of
3302 the year indicated: s. 31, chapter 30843, 1955; s. 19, chapter
3303 30845, 1955; s. 12, chapter 30927, 1955; s. 8, chapter 31179,
3304 1955; s. 15, chapter 31263, 1955; s. 13, chapter 31343, 1955; s.
3305 16, chapter 59-1653; s. 13, chapter 59-1356; s. 12, chapter 61
3306 2261; s. 19, chapter 61-2754; s. 10, chapter 61-2686; s. 11,
3307 chapter 63-1643; s. 11, chapter 65-1274; s. 16, chapter 67-1446;
3308 and s. 10, chapter 67-1681. This subsection does not supersede
3309 the authority of a local government to adopt financial and local
3310 government incentives pursuant to s. 163.2517.
3311 Section 42. For the 2018-2019 fiscal year, the sum of
3312 $2,596,560 in recurring funds from the General Revenue Fund and
3313 the sum of $392,134 in nonrecurring funds from the General
3314 Revenue Fund are appropriated to the Department of Education to
3315 implement this act as follows: the sum of $2 million in
3316 recurring funds shall be used to implement the Hope Scholarship
3317 Program created pursuant to s. 1002.40, Florida Statutes, the
3318 sum of $596,560 in recurring funds and $142,134 in nonrecurring
3319 funds shall be used to implement the additional oversight
3320 requirements pursuant to s. 1002.421, Florida Statutes, and the
3321 sum of $250,000 in nonrecurring funds shall be used to issue a
3322 competitive grant award pursuant to s. 1002.395(9), Florida
3324 Section 43. The Department of Revenue may, and all
3325 conditions are deemed met to, adopt emergency rules pursuant to
3326 ss. 120.536(1) and 120.54, Florida Statutes, to administer this
3328 Section 44. Except as otherwise expressly provided in this
3329 act, this act shall take effect July 1, 2018
3331 ================= T I T L E A M E N D M E N T ================
3332 And the title is amended as follows:
3333 Delete everything before the enacting clause
3334 and insert:
3335 A bill to be entitled
3336 An act relating to education; creating s. 212.1832,
3337 F.S.; authorizing certain persons to receive a tax
3338 credit for certain contributions to eligible nonprofit
3339 scholarship-funding organizations for the Hope
3340 Scholarship Program; providing requirements for motor
3341 vehicle dealers; requiring the Department of Revenue
3342 to disregard certain tax credits for specified
3343 purposes; providing that specified provisions apply to
3344 certain provisions; amending s. 213.053, F.S.;
3345 authorizing the Department of Revenue to share
3346 specified information with eligible nonprofit
3347 scholarship-funding organizations; providing that
3348 certain requirements apply to such organizations;
3349 repealing ch. 623, F.S., relating to private school
3350 corporations, on a specified date; amending s.
3351 1001.10, F.S.; revising the private schools to which
3352 the Department of Education is required to provide
3353 technical assistance and authorized staff; amending s.
3354 1001.4205, F.S.; authorizing a member of the State
3355 Legislature to visit any district school, including
3356 any charter school, in his or her legislative
3357 district; amending s. 1002.01, F.S.; revising and
3358 defining terms; amending s. 1002.20; updating
3359 educational options and terminology; amending s.
3360 1002.33, F.S.; extending the period of time for which
3361 a charter school may defer its opening for specified
3362 reasons; amending s. 1002.331, F.S.; revising the
3363 requirements for a charter school to be considered a
3364 high-performing charter school; amending s. 1002.333,
3365 F.S.; redefining the terms “persistently low
3366 performing school” and “school of hope”; revising the
3367 required contents of a school of hope notice of intent
3368 and performance-based agreement; revising school of
3369 hope facility requirements; specifying that certain
3370 schools of hope are eligible to receive hope
3371 supplemental service allocation funds; requiring the
3372 State Board of Education to provide awards to all
3373 eligible schools that meet certain requirements;
3374 providing for certain funds for the Schools of Hope
3375 Program to be carried forward for a specified number
3376 of years; prohibiting a school of hope operator or
3377 owner from serving as the principal of a school of
3378 hope that he or she manages; conforming cross
3379 references; creating s. 1002.334, F.S.; defining the
3380 term “franchise model school”; authorizing specified
3381 schools to use a franchise model school as a
3382 turnaround option; specifying requirements for a
3383 franchise model school principal; amending s.
3384 1002.385, F.S.; revising the meaning of a rare disease
3385 within the definition of a “disability” for purposes
3386 of the Gardiner Scholarship Program; revising
3387 requirements for private schools that participate in
3388 the program; specifying that the failure or refusal,
3389 rather than the inability of, a private school to meet
3390 certain requirements constitutes a basis for program
3391 ineligibility; conforming cross-references; amending
3392 s. 1002.39, F.S.; revising the purpose of department
3393 site visits at private schools participating in the
3394 John M. McKay Scholarships for Students with
3395 Disabilities Program; authorizing the department to
3396 make followup site visits at any time to certain
3397 private schools; requiring participating private
3398 schools to provide a specified report from an
3399 independent certified public accountant under certain
3400 circumstances; specifying that the failure or refusal,
3401 rather than the inability of, a private school to meet
3402 certain requirements constitutes a basis for program
3403 ineligibility; conforming provisions to changes made
3404 by the act; amending s. 1002.395, F.S.; revising
3405 obligations of eligible nonprofit scholarship-funding
3406 organizations participating in the Florida Tax Credit
3407 Scholarship Program; specifying that the failure or
3408 refusal, rather than the inability of, a private
3409 school to meet certain requirements constitutes a
3410 basis for program ineligibility; revising the purpose
3411 of department site visits at private schools
3412 participating in the Florida Tax Credit Scholarship
3413 Program; authorizing the department to make followup
3414 site visits at any time to certain private schools;
3415 conforming provisions to changes made by the act;
3416 creating s. 1002.40, F.S.; establishing the Hope
3417 Scholarship Program; providing the purpose of the
3418 program; defining terms; providing eligibility
3419 requirements; prohibiting the payment of a scholarship
3420 under certain circumstances; requiring a principal to
3421 provide copies of a report of physical violence or
3422 emotional abuse to certain individuals within
3423 specified timeframes; requiring the principal to
3424 investigate such incidents; requiring a school
3425 district to notify an eligible student’s parent of the
3426 program under certain circumstances; requiring a
3427 school district to provide certain information
3428 relating to the statewide assessment program;
3429 providing requirements and obligations for eligible
3430 private schools; providing Department of Education
3431 obligations relating to participating students and
3432 private schools and program requirements; providing
3433 Commissioner of Education obligations; requiring the
3434 commissioner to deny, suspend, or revoke a private
3435 school’s participation in the program or the payment
3436 of scholarship funds under certain circumstances;
3437 defining the term “owner or operator”; providing a
3438 process for review of a decision from the commissioner
3439 under certain circumstances; providing for the release
3440 of personally identifiable student information under
3441 certain circumstances; providing parent and student
3442 responsibilities for initial and continued
3443 participation in the program; providing nonprofit
3444 scholarship-funding organization obligations;
3445 providing for the calculation of the scholarship
3446 amount; providing the scholarship amount for students
3447 transferred to certain public schools; requiring
3448 verification of specified information before a
3449 scholarship may be disbursed; providing requirements
3450 for the scholarship payments; providing funds for
3451 administrative expenses for certain nonprofit
3452 scholarship-funding organizations; providing
3453 requirements for administrative expenses; prohibiting
3454 a nonprofit scholarship-funding organization from
3455 charging an application fee; providing Auditor General
3456 obligations; providing requirements for taxpayer
3457 elections to contribute to the program; requiring the
3458 Department of Revenue to adopt forms to administer the
3459 program; providing requirements for certain agents of
3460 the Department of Revenue and motor vehicle dealers;
3461 providing reporting requirements for nonprofit
3462 scholarship-funding organizations relating to taxpayer
3463 contributions; providing penalties; providing for the
3464 restitution of specified funds under certain
3465 circumstances; providing the state is not liable for
3466 the award or use of program funds; prohibiting
3467 additional regulations for private schools
3468 participating in the program beyond those necessary to
3469 enforce program requirements; requiring the State
3470 Board of Education to adopt rules to administer the
3471 program; amending s. 1002.421, F.S.; defining the term
3472 “owner or operator”; requiring a private school to
3473 employ or contract with teachers who meet certain
3474 qualifications and provide information about such
3475 qualifications to the department and parents; revising
3476 the conditions under which a private school employee
3477 may be exempted from background screening
3478 requirements; specifying that a private school is
3479 ineligible to participate in certain scholarship
3480 programs under certain circumstances; requiring the
3481 department to annually visit a certain percentage of
3482 certain private schools; authorizing the department to
3483 make certain followup site visits at any time;
3484 requiring the Division of State Fire Marshal to
3485 annually provide the department with fire safety
3486 inspection reports for certain private schools;
3487 requiring that certain private schools provide the
3488 department with a report from an independent certified
3489 public accountant under certain circumstances;
3490 repealing s. 1002.43, F.S., relating to private
3491 tutoring programs; amending s. 1002.55, F.S.;
3492 authorizing an early learning coalition to refuse to
3493 contract with certain private prekindergarten
3494 providers; amending s. 1003.01, F.S.; redefining the
3495 term “regular school attendance”; amending s. 1003.26,
3496 F.S.; conforming a cross-reference; amending s.
3497 1003.41, F.S.; revising the requirements for the Next
3498 Generation Sunshine State Standards to include
3499 financial literacy; amending s. 1003.4282, F.S.;
3500 revising the required credits for a standard high
3501 school diploma to include one-half credit of
3502 instruction in personal financial literacy and money
3503 management and seven and one-half, rather than eight,
3504 credits in electives; creating s. 1003.457, F.S.;
3505 requiring school districts to provide instruction in
3506 cardiopulmonary resuscitation (CPR) and the use of an
3507 automated external defibrillator; requiring students
3508 to study and practice psychomotor skills associated
3509 with CPR at least once before graduating from high
3510 school; requiring the instruction to be a part of a
3511 required curriculum; providing instruction to be based
3512 on certain programs; providing an exemption; amending
3513 s. 1003.453, F.S.; conforming provisions to changes
3514 made by the act; creating s. 1006.05, F.S.; providing
3515 the purpose of the mental health assistance
3516 allocation; requiring that school districts and
3517 charter schools annually develop and submit certain
3518 detailed plans; requiring that approved charter school
3519 plans be provided to the district for submission to
3520 the Commissioner of Education; providing that required
3521 plans must include certain elements; requiring school
3522 districts to annually submit approved plans to the
3523 commissioner by a specified date; requiring that
3524 entities receiving such allocations annually submit a
3525 final report on program outcomes and specific
3526 expenditures to the commissioner by a specified date;
3527 amending s. 1006.061, F.S.; revising the applicability
3528 of certain child abuse, abandonment, and neglect
3529 provisions; amending s. 1006.07, F.S.; requiring
3530 district school boards to formulate and prescribe
3531 policies and procedures for active shooter situations;
3532 requiring that active shooter situation training for
3533 each school be conducted by the law enforcement agency
3534 or agencies that are designated as first responders to
3535 the school’s campus; requiring each school district to
3536 conduct certain assessments in a specified format;
3537 requiring a district school superintendent to provide
3538 specified agencies with certain findings and certain
3539 strategy and activity recommendations to improve
3540 school safety and security; requiring that district
3541 school boards and private school principals or
3542 governing boards allow campus tours by such law
3543 enforcement agency or agencies at specified times and
3544 for specified purposes; requiring that certain
3545 recommendations be documented by such board or
3546 principal; amending s. 1006.12, F.S.; requiring,
3547 rather than authorizing, district school boards to
3548 establish certain school resource officer programs;
3549 requiring a district school board to commission one or
3550 more school safety officers at each district school
3551 facility within the district; amending s. 1007.273,
3552 F.S.; defining the term “structured program”;
3553 providing additional options for students
3554 participating in a structured program; prohibiting a
3555 district school board from limiting the number of
3556 public school students who may participate in a
3557 structured program; revising contract requirements;
3558 requiring each district school board to annually
3559 notify students in certain grades of certain
3560 information about the structured program, by a
3561 specified date; revising provisions relating to
3562 funding; requiring the state board to enforce
3563 compliance with certain provisions by a specified date
3564 each year; providing reporting requirements; amending
3565 s. 1008.33, F.S.; revising the turnaround options
3566 available for certain schools; amending s. 1011.62,
3567 F.S.; prohibiting the award of certain bonuses to
3568 teachers who fail to maintain the security of certain
3569 examinations or violate certain protocols; authorizing
3570 the state board to adopt rules for specified purposes;
3571 creating the hope supplemental services allocation;
3572 providing the purpose of the allocation; specifying
3573 the services that may be funded by the allocation;
3574 providing that implementation plans may include
3575 certain models; providing requirements for
3576 implementation plans; providing for the allocation of
3577 funds in specified fiscal years; creating the mental
3578 health assistance allocation; providing the purpose of
3579 the allocation; requiring that funds be allocated
3580 annually in the General Appropriations Act; providing
3581 for the allocation of such funds on a specified basis;
3582 providing that eligible charter schools are entitled
3583 to a proportionate share; prohibiting the use of
3584 allocated funds to supplant funds provided from other
3585 operating funds, to increase salaries, or to provide
3586 bonuses, except in certain circumstances; requiring
3587 that school districts and schools maximize certain
3588 third-party funding; creating the funding compression
3589 allocation; providing the purpose of the allocation;
3590 authorizing funding for the annual allocation;
3591 providing the calculation for the allocation; amending
3592 s. 1011.69, F.S.; authorizing certain high schools to
3593 receive Title I funds; providing that a school
3594 district may withhold Title I funds for specified
3595 purposes; authorizing certain schools to use Title I
3596 funds for specified purposes; amending s. 1011.71,
3597 F.S.; increasing the amount that a school district may
3598 expend from a specified millage levy for certain
3599 expenses; amending s. 1012.315, F.S.; revising the
3600 applicability of certain provisions related to
3601 disqualification from employment for the conviction of
3602 specified offenses; amending s. 1012.731, F.S.;
3603 extending eligibility for the Florida Best and
3604 Brightest Teacher Scholarship Program to school
3605 district employees who, in the immediately preceding
3606 school year, were classroom teachers and met
3607 eligibility requirements; deleting scholarship awards
3608 authorized for specific school years; amending s.
3609 1012.732, F.S.; specifying that a franchise model
3610 school principal is eligible to receive a Florida Best
3611 and Brightest Principal scholarship; requiring
3612 specified awards for eligible principals; amending s.
3613 1012.796, F.S.; revising the applicability of a
3614 requirement that certain private schools file
3615 specified reports with the department for certain
3616 allegations against its employees; amending s.
3617 1013.31, F.S.; authorizing a district to use certain
3618 sources of funds for educational, auxiliary, and
3619 ancillary plant capital outlay purposes without
3620 needing a survey recommendation; amending s. 1013.385,
3621 F.S.; providing additional exceptions to certain
3622 building code regulations for school districts;
3623 amending s. 1013.62, F.S.; providing legislative
3624 intent; prohibiting a charter school from being
3625 eligible for capital outlay funds unless the chair of
3626 the governing board and the chief administrative
3627 officer of the charter school annually certify certain
3628 information; defining the term “affiliated party of
3629 the charter school”; revising the Department of
3630 Education’s calculation methodology for a school
3631 district’s distribution of discretionary millage to
3632 its eligible charter schools; amending s. 212.08,
3633 F.S.; conforming a cross-reference; providing
3634 appropriations; providing appropriations; authorizing
3635 the Department of Revenue to adopt emergency rules for
3636 specified purposes; providing effective dates.