Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for HB 7055
       
       
       
       
       
       
                                Ì826696\Î826696                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Education (Hukill) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 212.1832, Florida Statutes, is created
    6  to read:
    7         212.1832Credit for contributions to the Hope Scholarship
    8  Program.—
    9         (1)Upon adoption of rules, the purchaser of a motor
   10  vehicle shall be granted a credit of 100 percent of an eligible
   11  contribution made to an eligible nonprofit scholarship-funding
   12  organization under s. 1002.40 against any tax imposed by the
   13  state and collected from the purchaser by a dealer, designated
   14  agent, or private tag agent as a result of the purchase or
   15  acquisition of a motor vehicle. For purposes of this subsection,
   16  the term “purchase” does not include the lease or rental of a
   17  motor vehicle.
   18         (2)A dealer shall take a credit against any tax imposed by
   19  the state under this chapter on the purchase of a motor vehicle
   20  in an amount equal to the credit granted to the purchaser under
   21  subsection (1).
   22         (3)For purposes of the distributions of tax revenue under
   23  s. 212.20, the department shall disregard any tax credits
   24  allowed under this section to ensure that any reduction in tax
   25  revenue received that is attributable to the tax credits results
   26  only in a reduction in distributions to the General Revenue
   27  Fund. The provisions of s. 1002.40 apply to the credit
   28  authorized by this section.
   29         Section 2. Subsection (21) is added to section 213.053,
   30  Florida Statutes, to read:
   31         213.053 Confidentiality and information sharing.—
   32         (21)(a)The department may provide to an eligible nonprofit
   33  scholarship-funding organization, as defined in s. 1002.40, a
   34  dealer’s name, address, federal employer identification number,
   35  and information related to differences between credits taken by
   36  the dealer pursuant to s. 212.1832(2) and amounts remitted to
   37  the eligible nonprofit scholarship-funding organization under s.
   38  1002.40(13)(b)3. The eligible nonprofit scholarship-funding
   39  organization may use the information for purposes of recovering
   40  eligible contributions designated for that organization that
   41  were collected by the dealer but never remitted to the
   42  organization.
   43         (b)Nothing in this subsection authorizes the disclosure of
   44  information if such disclosure is prohibited by federal law. An
   45  eligible nonprofit scholarship-funding organization is bound by
   46  the same requirements of confidentiality and the same penalties
   47  for a violation of the requirements as the department.
   48         Section 3. Effective July 1, 2019, chapter 623, Florida
   49  Statutes, consisting of sections 623.01, 623.02, 623.03, 623.04,
   50  623.05, 623.06, 623.07, 623.08, 623.09, 623.10, 623.11, 623.12,
   51  623.13, and 623.14, is repealed.
   52         Section 4. Subsections (4) and (5) of section 1001.10,
   53  Florida Statutes, are amended to read:
   54         1001.10 Commissioner of Education; general powers and
   55  duties.—
   56         (4) The Department of Education shall provide technical
   57  assistance to school districts, charter schools, the Florida
   58  School for the Deaf and the Blind, and private schools that
   59  accept scholarship students under s. 1002.385, s. 1002.39, or s.
   60  1002.395, or another state scholarship program under chapter
   61  1002 in the development of policies, procedures, and training
   62  related to employment practices and standards of ethical conduct
   63  for instructional personnel and school administrators, as
   64  defined in s. 1012.01.
   65         (5) The Department of Education shall provide authorized
   66  staff of school districts, charter schools, the Florida School
   67  for the Deaf and the Blind, and private schools that accept
   68  scholarship students under s. 1002.385, s. 1002.39, or s.
   69  1002.395, or another state scholarship program under chapter
   70  1002 with access to electronic verification of information from
   71  the following employment screening tools:
   72         (a) The Professional Practices’ Database of Disciplinary
   73  Actions Against Educators; and
   74         (b) The Department of Education’s Teacher Certification
   75  Database.
   76  
   77  This subsection does not require the department to provide these
   78  staff with unlimited access to the databases. However, the
   79  department shall provide the staff with access to the data
   80  necessary for performing employment history checks of the
   81  instructional personnel and school administrators included in
   82  the databases.
   83         Section 5. Section 1001.4205, Florida Statutes, is amended
   84  to read:
   85         1001.4205 Visitation of schools by an individual school
   86  board or charter school governing board member.—An individual
   87  member of a district school board may, on any day and at any
   88  time at his or her pleasure, visit any district school in his or
   89  her school district. An individual member of the State
   90  Legislature may, on any day and at any time at his or her
   91  pleasure, visit any district school, including any charter
   92  school, in his or her legislative district. An individual member
   93  of a charter school governing board member may, on any day and
   94  at any time at his or her pleasure, visit any charter school
   95  governed by the charter school’s governing board.
   96         (1) The visiting individual board member must sign in and
   97  sign out at the school’s main office and wear his or her board
   98  or State Legislature identification badge, as applicable, at all
   99  times while present on school premises.
  100         (2) The board, the school, or any other person or entity,
  101  including, but not limited to, the principal of the school, the
  102  school superintendent, or any other board member, may not
  103  require the visiting individual board member to provide notice
  104  before visiting the school.
  105         (3) The school may offer, but may not require, an escort to
  106  accompany the a visiting individual board member during the
  107  visit.
  108         (4) A Another board member or a district employee,
  109  including, but not limited to, the superintendent, the school
  110  principal, or the superintendent’s or the principal’s his or her
  111  designee, may not limit the duration or scope of the visit or
  112  direct the a visiting individual board member to leave the
  113  premises.
  114         (5) A board, district, or school administrative policy or
  115  practice may not prohibit or limit the authority granted to the
  116  visiting individual a board member under this section.
  117         Section 6. Section 1002.01, Florida Statutes, is amended to
  118  read:
  119         1002.01 Definitions.—
  120         (1) A “home education program” means the sequentially
  121  progressive instruction of a student directed by his or her
  122  parent in order to satisfy the attendance requirements of ss.
  123  1002.41, 1003.01(13), and 1003.21(1).
  124         (2) A “private school” is a nonpublic school that is
  125  registered in accordance with s. 1002.42 and is defined as an
  126  individual, association, copartnership, or corporation, or
  127  department, division, or section of such organizations, that
  128  designates itself as an educational center that includes
  129  kindergarten or a higher grade or as an elementary, secondary,
  130  business, technical, or trade school below college level or any
  131  organization that provides instructional services that meet the
  132  intent of s. 1003.01(13) or that gives preemployment or
  133  supplementary training in technology or in fields of trade or
  134  industry or that offers academic, literary, or career training
  135  below college level, or any combination of the above, including
  136  an institution that performs the functions of the above schools
  137  through correspondence or extension, except those licensed under
  138  the provisions of chapter 1005. A private school may be a
  139  parochial, religious, denominational, for-profit, or nonprofit
  140  school attended by a student in order to satisfy the attendance
  141  requirements of s. 1003.01(13). This definition does not include
  142  home education programs conducted in accordance with s. 1002.41.
  143         (3) For purposes of this chapter, a “scholarship program”
  144  means any one of the following:
  145         (a) The Opportunity Scholarship Program established
  146  pursuant to s. 1002.38.
  147         (b) The Gardiner Scholarship Program established pursuant
  148  to s. 1002.385.
  149         (c) The John M. McKay Scholarships for Students with
  150  Disabilities Program established pursuant to s. 1002.39.
  151         (d) The Florida Tax Credit Scholarship Program established
  152  pursuant to s. 1002.395.
  153         (e) The Hope Scholarship Program established pursuant to s.
  154  1002.40.
  155         Section 7. Paragraph (b) of subsection (2) and subsection
  156  (6) of section 1002.20, Florida Statutes, are amended to read:
  157         1002.20 K-12 student and parent rights.—Parents of public
  158  school students must receive accurate and timely information
  159  regarding their child’s academic progress and must be informed
  160  of ways they can help their child to succeed in school. K-12
  161  students and their parents are afforded numerous statutory
  162  rights including, but not limited to, the following:
  163         (2) ATTENDANCE.—
  164         (b) Regular school attendance.—Parents of students who have
  165  attained the age of 6 years by February 1 of any school year but
  166  who have not attained the age of 16 years must comply with the
  167  compulsory school attendance laws. Parents have the option to
  168  comply with the school attendance laws by attendance of the
  169  student in a public school; a private parochial, religious, or
  170  denominational school; a private school; or a home education
  171  program; or a private tutoring program, in accordance with the
  172  provisions of s. 1003.01(13).
  173         (6) EDUCATIONAL CHOICE.—
  174         (a) Public educational school choices.—Parents of public
  175  school students may seek any public educational school choice
  176  options that are applicable and available to students throughout
  177  the state. These options may include controlled open enrollment,
  178  single-gender programs, lab schools, virtual instruction
  179  programs, charter schools, charter technical career centers,
  180  magnet schools, alternative schools, special programs, auditory
  181  oral education programs, advanced placement, dual enrollment,
  182  International Baccalaureate, International General Certificate
  183  of Secondary Education (pre-AICE), CAPE digital tools, CAPE
  184  industry certifications, collegiate high school programs,
  185  Advanced International Certificate of Education, early
  186  admissions, credit by examination or demonstration of
  187  competency, the New World School of the Arts, the Florida School
  188  for the Deaf and the Blind, and the Florida Virtual School.
  189  These options may also include the public educational choice
  190  options of the Opportunity Scholarship Program and the McKay
  191  Scholarships for Students with Disabilities Program.
  192         (b) Private educational choices.The parent of a student
  193  may choose to enroll the student in a private school, as defined
  194  in s. 1002.01(2). Parents of public school students may seek
  195  private educational choice options under certain programs.
  196         1. Under the McKay Scholarships for Students with
  197  Disabilities Program, the parent of a public school student with
  198  a disability may request and receive a McKay Scholarship for the
  199  student to attend a private school in accordance with s.
  200  1002.39.
  201         2. Under the Florida Tax Credit Scholarship Program, the
  202  parent of a student who qualifies for free or reduced-price
  203  school lunch or who is currently placed, or during the previous
  204  state fiscal year was placed, in foster care as defined in s.
  205  39.01 may seek a scholarship from an eligible nonprofit
  206  scholarship-funding organization in accordance with s. 1002.395.
  207         3. Under the Gardiner Scholarship Program Florida Personal
  208  Learning Scholarship Accounts Program, the parent of a student
  209  with a qualifying disability may apply for a Gardiner
  210  Scholarship personal learning scholarship to be used for
  211  individual educational needs in accordance with s. 1002.385.
  212         4. Under the Hope Scholarship Program, the parent of a
  213  student who was the victim of a substantiated incident of
  214  violence or abuse while attending a public school may seek a
  215  scholarship for the student to attend a private school in
  216  accordance with s. 1002.40.
  217         (c) Home education.—The parent of a student may choose to
  218  place the student in a home education program, as defined in s.
  219  1002.01(1), in accordance with the provisions of s. 1002.41.
  220         (d) Private tutoring.—The parent of a student may choose to
  221  place the student in a private tutoring program in accordance
  222  with the provisions of s. 1002.43(1).
  223         Section 8. Paragraph (b) of subsection (6) of section
  224  1002.33, Florida Statutes, is amended to read:
  225         1002.33 Charter schools.—
  226         (6) APPLICATION PROCESS AND REVIEW.—Charter school
  227  applications are subject to the following requirements:
  228         (b) A sponsor shall receive and review all applications for
  229  a charter school using the evaluation instrument developed by
  230  the Department of Education. A sponsor shall receive and
  231  consider charter school applications received on or before
  232  August 1 of each calendar year for charter schools to be opened
  233  at the beginning of the school district’s next school year, or
  234  to be opened at a time agreed to by the applicant and the
  235  sponsor. A sponsor may not refuse to receive a charter school
  236  application submitted before August 1 and may receive an
  237  application submitted later than August 1 if it chooses.
  238  Beginning in 2018 and thereafter, a sponsor shall receive and
  239  consider charter school applications received on or before
  240  February 1 of each calendar year for charter schools to be
  241  opened 18 months later at the beginning of the school district’s
  242  school year, or to be opened at a time agreed to by the
  243  applicant and the sponsor. A sponsor may not refuse to receive a
  244  charter school application submitted before February 1 and may
  245  receive an application submitted later than February 1 if it
  246  chooses. A sponsor may not charge an applicant for a charter any
  247  fee for the processing or consideration of an application, and a
  248  sponsor may not base its consideration or approval of a final
  249  application upon the promise of future payment of any kind.
  250  Before approving or denying any application, the sponsor shall
  251  allow the applicant, upon receipt of written notification, at
  252  least 7 calendar days to make technical or nonsubstantive
  253  corrections and clarifications, including, but not limited to,
  254  corrections of grammatical, typographical, and like errors or
  255  missing signatures, if such errors are identified by the sponsor
  256  as cause to deny the final application.
  257         1. In order to facilitate an accurate budget projection
  258  process, a sponsor shall be held harmless for FTE students who
  259  are not included in the FTE projection due to approval of
  260  charter school applications after the FTE projection deadline.
  261  In a further effort to facilitate an accurate budget projection,
  262  within 15 calendar days after receipt of a charter school
  263  application, a sponsor shall report to the Department of
  264  Education the name of the applicant entity, the proposed charter
  265  school location, and its projected FTE.
  266         2. In order to ensure fiscal responsibility, an application
  267  for a charter school shall include a full accounting of expected
  268  assets, a projection of expected sources and amounts of income,
  269  including income derived from projected student enrollments and
  270  from community support, and an expense projection that includes
  271  full accounting of the costs of operation, including start-up
  272  costs.
  273         3.a. A sponsor shall by a majority vote approve or deny an
  274  application no later than 90 calendar days after the application
  275  is received, unless the sponsor and the applicant mutually agree
  276  in writing to temporarily postpone the vote to a specific date,
  277  at which time the sponsor shall by a majority vote approve or
  278  deny the application. If the sponsor fails to act on the
  279  application, an applicant may appeal to the State Board of
  280  Education as provided in paragraph (c). If an application is
  281  denied, the sponsor shall, within 10 calendar days after such
  282  denial, articulate in writing the specific reasons, based upon
  283  good cause, supporting its denial of the application and shall
  284  provide the letter of denial and supporting documentation to the
  285  applicant and to the Department of Education.
  286         b. An application submitted by a high-performing charter
  287  school identified pursuant to s. 1002.331 or a high-performing
  288  charter school system identified pursuant to s. 1002.332 may be
  289  denied by the sponsor only if the sponsor demonstrates by clear
  290  and convincing evidence that:
  291         (I) The application does not materially comply with the
  292  requirements in paragraph (a);
  293         (II) The charter school proposed in the application does
  294  not materially comply with the requirements in paragraphs
  295  (9)(a)-(f);
  296         (III) The proposed charter school’s educational program
  297  does not substantially replicate that of the applicant or one of
  298  the applicant’s high-performing charter schools;
  299         (IV) The applicant has made a material misrepresentation or
  300  false statement or concealed an essential or material fact
  301  during the application process; or
  302         (V) The proposed charter school’s educational program and
  303  financial management practices do not materially comply with the
  304  requirements of this section.
  305  
  306  Material noncompliance is a failure to follow requirements or a
  307  violation of prohibitions applicable to charter school
  308  applications, which failure is quantitatively or qualitatively
  309  significant either individually or when aggregated with other
  310  noncompliance. An applicant is considered to be replicating a
  311  high-performing charter school if the proposed school is
  312  substantially similar to at least one of the applicant’s high
  313  performing charter schools and the organization or individuals
  314  involved in the establishment and operation of the proposed
  315  school are significantly involved in the operation of replicated
  316  schools.
  317         c. If the sponsor denies an application submitted by a
  318  high-performing charter school or a high-performing charter
  319  school system, the sponsor must, within 10 calendar days after
  320  such denial, state in writing the specific reasons, based upon
  321  the criteria in sub-subparagraph b., supporting its denial of
  322  the application and must provide the letter of denial and
  323  supporting documentation to the applicant and to the Department
  324  of Education. The applicant may appeal the sponsor’s denial of
  325  the application in accordance with paragraph (c).
  326         4. For budget projection purposes, the sponsor shall report
  327  to the Department of Education the approval or denial of an
  328  application within 10 calendar days after such approval or
  329  denial. In the event of approval, the report to the Department
  330  of Education shall include the final projected FTE for the
  331  approved charter school.
  332         5. Upon approval of an application, the initial startup
  333  shall commence with the beginning of the public school calendar
  334  for the district in which the charter is granted. A charter
  335  school may defer the opening of the school’s operations for up
  336  to 3 2 years to provide time for adequate facility planning. The
  337  charter school must provide written notice of such intent to the
  338  sponsor and the parents of enrolled students at least 30
  339  calendar days before the first day of school.
  340         Section 9. Subsection (1) of section 1002.331, Florida
  341  Statutes, is amended to read:
  342         1002.331 High-performing charter schools.—
  343         (1) A charter school is a high-performing charter school if
  344  it:
  345         (a) Received at least two school grades of “A” and no
  346  school grade below “B,” pursuant to s. 1008.34, during each of
  347  the previous 3 school years or received at least two consecutive
  348  school grades of “A” in the most recent 2 school years.
  349         (b) Received an unqualified opinion on each annual
  350  financial audit required under s. 218.39 in the most recent 3
  351  fiscal years for which such audits are available.
  352         (c) Did not receive a financial audit that revealed one or
  353  more of the financial emergency conditions set forth in s.
  354  218.503(1) in the most recent 3 fiscal years for which such
  355  audits are available. However, this requirement is deemed met
  356  for a charter school-in-the-workplace if there is a finding in
  357  an audit that the school has the monetary resources available to
  358  cover any reported deficiency or that the deficiency does not
  359  result in a deteriorating financial condition pursuant to s.
  360  1002.345(1)(a)3.
  361  
  362  For purposes of determining initial eligibility, the
  363  requirements of paragraphs (b) and (c) only apply to the most
  364  recent 2 fiscal years if the charter school earns two
  365  consecutive grades of “A.” A virtual charter school established
  366  under s. 1002.33 is not eligible for designation as a high
  367  performing charter school.
  368         Section 10. Present subsections (11) and (12) of section
  369  1002.333, Florida Statutes, are redesignated as subsections (12)
  370  and (13), respectively, a new subsection (11) is added to that
  371  section, and subsections (1) and (2), paragraph (a) of
  372  subsection (4), paragraphs (b), (g), and (i) of subsection (5),
  373  paragraph (a) of subsection (7), subsection (9), and paragraph
  374  (b) of subsection (10) of that section are amended, to read:
  375         1002.333 Persistently low-performing schools.—
  376         (1) DEFINITIONS.—As used in this section, the term:
  377         (a) “Hope operator” means an entity identified by the
  378  department pursuant to subsection (2).
  379         (b) “Persistently low-performing school” means a school
  380  that has completed 2 school years of a district-managed
  381  turnaround plan required under s. 1008.33(4)(a) and has not
  382  improved its school grade to a “C” or higher, earned three
  383  consecutive grades lower than a “C,” pursuant to s. 1008.34, and
  384  a school that was closed pursuant to s. 1008.33(4) within 2
  385  years after the submission of a notice of intent.
  386         (c) “School of hope” means:
  387         1. A charter school operated by a hope operator which
  388  serves students from one or more persistently low-performing
  389  schools; is located in the attendance zone of a persistently
  390  low-performing school or within a 5-mile radius of such school,
  391  whichever is greater; and is a Title I eligible school; or
  392         2. A school operated by a hope operator pursuant to s.
  393  1008.33(4)(b)3.b. s. 1008.33(4)(b)3.
  394         (2) HOPE OPERATOR.—A hope operator is a nonprofit
  395  organization with tax exempt status under s. 501(c)(3) of the
  396  Internal Revenue Code which that operates three or more charter
  397  schools that serve students in grades K-12 in Florida or other
  398  states with a record of serving students from low-income
  399  families and is designated by the State Board of Education as a
  400  hope operator based on a determination that:
  401         (a) The past performance of the hope operator meets or
  402  exceeds the following criteria:
  403         1. The achievement of enrolled students exceeds the
  404  district and state averages of the states in which the
  405  operator’s schools operate;
  406         2. The average college attendance rate at all schools
  407  currently operated by the operator exceeds 80 percent, if such
  408  data is available;
  409         3. The percentage of students eligible for a free or
  410  reduced price lunch under the National School Lunch Act enrolled
  411  at all schools currently operated by the operator exceeds 70
  412  percent;
  413         4. The operator is in good standing with the authorizer in
  414  each state in which it operates;
  415         5. The audited financial statements of the operator are
  416  free of material misstatements and going concern issues; and
  417         6. Other outcome measures as determined by the State Board
  418  of Education;
  419         (b) The operator was awarded a United States Department of
  420  Education Charter School Program Grant for Replication and
  421  Expansion of High-Quality Charter Schools within the preceding 3
  422  years before applying to be a hope operator;
  423         (c) The operator receives funding through the National Fund
  424  of the Charter School Growth Fund to accelerate the growth of
  425  the nation’s best charter schools; or
  426         (d) The operator is selected by a district school board in
  427  accordance with s. 1008.33.
  428  
  429  An entity that meets the requirements of paragraph (b),
  430  paragraph (c), or paragraph (d) before the adoption by the state
  431  board of measurable criteria pursuant to paragraph (a) shall be
  432  designated as a hope operator. After the adoption of the
  433  measurable criteria, an entity, including a governing board that
  434  operates a school established pursuant to s. 1008.33(4)(b)3.b.
  435  s. 1008.33(4)(b)3., shall be designated as a hope operator if it
  436  meets the criteria of paragraph (a).
  437         (4) ESTABLISHMENT OF SCHOOLS OF HOPE.—A hope operator
  438  seeking to open a school of hope must submit a notice of intent
  439  to the school district in which a persistently low-performing
  440  school has been identified by the State Board of Education
  441  pursuant to subsection (10).
  442         (a) The notice of intent must include all of the following:
  443         1. An academic focus and plan.
  444         2. A financial plan.
  445         3. Goals and objectives for increasing student achievement
  446  for the students from low-income families.
  447         4. A completed or planned community outreach plan.
  448         5. The organizational history of success in working with
  449  students with similar demographics.
  450         6. The grade levels to be served and enrollment
  451  projections.
  452         7. The specific proposed location or geographic area
  453  proposed for the school and its proximity to the persistently
  454  low-performing school or the plan to use the district-owned
  455  facilities of the persistently low-performing school.
  456         8. A staffing plan.
  457         9. An operations plan specifying the operator’s intent to
  458  undertake the operations of the persistently low-performing
  459  school in its entirety or through limited components of the
  460  operations.
  461         (5) PERFORMANCE-BASED AGREEMENT.—The following shall
  462  comprise the entirety of the performance-based agreement:
  463         (b) The location or geographic area proposed for the school
  464  of hope and its proximity to the persistently low-performing
  465  school.
  466         (f)(g) The grounds for termination, including failure to
  467  meet the requirements for student performance established
  468  pursuant to paragraph (d) (e), generally accepted standards of
  469  fiscal management, or material violation of terms of the
  470  agreement. The nonrenewal or termination of a performance-based
  471  agreement must comply with the requirements of s. 1002.33(8).
  472         (h)(i) A provision establishing the initial term as 5
  473  years. The agreement must shall be renewed, upon the request of
  474  the hope operator, unless the school fails to meet the
  475  requirements for student performance established pursuant to
  476  paragraph (d) (e) or generally accepted standards of fiscal
  477  management or the school of hope materially violates the law or
  478  the terms of the agreement.
  479         (7) FACILITIES.—
  480         (a)1. A school of hope that meets the definition under
  481  subparagraph (1)(c)1. shall use facilities that comply with the
  482  Florida Building Code, except for the State Requirements for
  483  Educational Facilities. A school of hope that uses school
  484  district facilities must comply with the State Requirements for
  485  Educational Facilities only if the school district and the hope
  486  operator have entered into a mutual management plan for the
  487  reasonable maintenance of such facilities. The mutual management
  488  plan shall contain a provision by which the district school
  489  board agrees to maintain the school facilities in the same
  490  manner as its other public schools within the district.
  491         2.A school of hope that meets the definition under
  492  subparagraph (1)(c)2. and that receives funds from the hope
  493  supplemental services allocation under s. 1011.62(16) shall use
  494  the district-owned facilities of the persistently low-performing
  495  school that the school of hope operates. A school of hope that
  496  uses district-owned facilities must enter into a mutual
  497  management plan with the school district for the reasonable
  498  maintenance of the facilities. The mutual management plan must
  499  contain a provision specifying that the district school board
  500  agrees to maintain the school facilities in the same manner as
  501  other public schools within the district.
  502  
  503  The local governing authority shall not adopt or impose any
  504  local building requirements or site-development restrictions,
  505  such as parking and site-size criteria, student enrollment, and
  506  occupant load, that are addressed by and more stringent than
  507  those found in the State Requirements for Educational Facilities
  508  of the Florida Building Code. A local governing authority must
  509  treat schools of hope equitably in comparison to similar
  510  requirements, restrictions, and site planning processes imposed
  511  upon public schools. The agency having jurisdiction for
  512  inspection of a facility and issuance of a certificate of
  513  occupancy or use shall be the local municipality or, if in an
  514  unincorporated area, the county governing authority. If an
  515  official or employee of the local governing authority refuses to
  516  comply with this paragraph, the aggrieved school or entity has
  517  an immediate right to bring an action in circuit court to
  518  enforce its rights by injunction. An aggrieved party that
  519  receives injunctive relief may be awarded reasonable attorney
  520  fees and court costs.
  521         (9) FUNDING.—
  522         (a) Schools of hope shall be funded in accordance with s.
  523  1002.33(17).
  524         (b) Schools of hope shall receive priority in the
  525  department’s Public Charter School Grant Program competitions.
  526         (c) Schools of hope shall be considered charter schools for
  527  purposes of s. 1013.62, except charter capital outlay may not be
  528  used to purchase real property or for the construction of school
  529  facilities.
  530         (d) Schools of hope that meet the definition under
  531  subparagraph (1)(c)1. are eligible to receive funds from the
  532  Schools of Hope Program.
  533         (e) Schools of hope that meet the definition under
  534  subparagraph (1)(c)2. are eligible to receive funds from the
  535  hope supplemental services allocation established under s.
  536  1011.62(16).
  537         (10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program
  538  is created within the Department of Education.
  539         (b) A traditional public school that is required to submit
  540  a plan for implementation pursuant to s. 1008.33(4) is eligible
  541  to receive funding for services authorized up to $2,000 per
  542  full-time equivalent student from the hope supplemental services
  543  allocation established under s. 1011.62(16) Schools of Hope
  544  Program based upon the strength of the school’s plan for
  545  implementation and its focus on evidence-based interventions
  546  that lead to student success by providing wrap-around services
  547  that leverage community assets, improve school and community
  548  collaboration, and develop family and community partnerships.
  549  Wrap-around services include, but are not limited to, tutorial
  550  and after-school programs, student counseling, nutrition
  551  education, parental counseling, and adult education. Plans for
  552  implementation may also include models that develop a culture of
  553  attending college, high academic expectations, character
  554  development, dress codes, and an extended school day and school
  555  year. At a minimum, a plan for implementation must:
  556         1. Establish wrap-around services that develop family and
  557  community partnerships.
  558         2. Establish clearly defined and measurable high academic
  559  and character standards.
  560         3. Increase parental involvement and engagement in the
  561  child’s education.
  562         4. Describe how the school district will identify, recruit,
  563  retain, and reward instructional personnel. The state board may
  564  waive the requirements of s. 1012.22(1)(c)5., and suspend the
  565  requirements of s. 1012.34, to facilitate implementation of the
  566  plan.
  567         5. Identify a knowledge-rich curriculum that the school
  568  will use that focuses on developing a student’s background
  569  knowledge.
  570         6. Provide professional development that focuses on
  571  academic rigor, direct instruction, and creating high academic
  572  and character standards.
  573         (11) SCHOOLS OF HOPE MANAGEMENT.—A hope operator or the
  574  owner of a school of hope may not serve as the principal of any
  575  school that he or she manages.
  576         Section 11. Section 1002.334, Florida Statutes, is created
  577  to read:
  578         1002.334 Franchise model schools.—
  579         (1) As used in this section, the term “franchise model
  580  school” means a persistently low-performing school, as defined
  581  in s. 1002.333(1)(b), which is led by a highly effective
  582  principal in addition to the principal’s currently assigned
  583  school. If a franchise model school achieves a grade of “C” or
  584  higher, the school may retain its status as a franchise model
  585  school at the discretion of the school district.
  586         (2) A school district that has one or more persistently
  587  low-performing schools may use a franchise model school as a
  588  school turnaround option pursuant to s. 1008.33(4)(b)4.
  589         (3) A franchise model school principal:
  590         (a) Must be rated as highly effective pursuant to s.
  591  1012.34;
  592         (b) May lead two or more schools, including a persistently
  593  low-performing school or a school that was considered a
  594  persistently low-performing school before becoming a franchise
  595  model school;
  596         (c) May allocate resources and personnel between the
  597  schools under his or her administration; however, he or she must
  598  expend hope supplemental services allocation funds, authorized
  599  under s. 1011.62(16), at the franchise model school; and
  600         (d) Is eligible to receive a Best and Brightest Principal
  601  award under s. 1012.732.
  602         Section 12. Paragraph (d) of subsection (2), paragraphs (d)
  603  and (h) of subsection (5), subsection (8), and paragraph (a) of
  604  subsection (11) of section 1002.385, Florida Statutes, are
  605  amended to read:
  606         1002.385 The Gardiner Scholarship.—
  607         (2) DEFINITIONS.—As used in this section, the term:
  608         (d) “Disability” means, for a 3- or 4-year-old child or for
  609  a student in kindergarten to grade 12, autism spectrum disorder,
  610  as defined in the Diagnostic and Statistical Manual of Mental
  611  Disorders, Fifth Edition, published by the American Psychiatric
  612  Association; cerebral palsy, as defined in s. 393.063(6); Down
  613  syndrome, as defined in s. 393.063(15); an intellectual
  614  disability, as defined in s. 393.063(24); Phelan-McDermid
  615  syndrome, as defined in s. 393.063(28); Prader-Willi syndrome,
  616  as defined in s. 393.063(29); spina bifida, as defined in s.
  617  393.063(40); being a high-risk child, as defined in s.
  618  393.063(23)(a); muscular dystrophy; Williams syndrome; a rare
  619  disease, a disorder that affects diseases which affect patient
  620  populations of fewer than 200,000 individuals or fewer in the
  621  United States, as defined by the Orphan Drug Act of 1983, Pub.
  622  L. No. 97-414 National Organization for Rare Disorders;
  623  anaphylaxis; deaf; visually impaired; traumatic brain injured;
  624  hospital or homebound; or identification as dual sensory
  625  impaired, as defined by rules of the State Board of Education
  626  and evidenced by reports from local school districts. The term
  627  “hospital or homebound” includes a student who has a medically
  628  diagnosed physical or psychiatric condition or illness, as
  629  defined by the state board in rule, and who is confined to the
  630  home or hospital for more than 6 months.
  631         (5) AUTHORIZED USES OF PROGRAM FUNDS.—Program funds must be
  632  used to meet the individual educational needs of an eligible
  633  student and may be spent for the following purposes:
  634         (d) Enrollment in, or tuition or fees associated with
  635  enrollment in, a home education program, an eligible private
  636  school, an eligible postsecondary educational institution or a
  637  program offered by the institution, a private tutoring program
  638  authorized under s. 1002.43, a virtual program offered by a
  639  department-approved private online provider that meets the
  640  provider qualifications specified in s. 1002.45(2)(a), the
  641  Florida Virtual School as a private paying student, or an
  642  approved online course offered pursuant to s. 1003.499 or s.
  643  1004.0961.
  644         (h) Tuition and fees for part-time tutoring services
  645  provided by a person who holds a valid Florida educator’s
  646  certificate pursuant to s. 1012.56; a person who holds an
  647  adjunct teaching certificate pursuant to s. 1012.57; or a person
  648  who has demonstrated a mastery of subject area knowledge
  649  pursuant to s. 1012.56(5). As used in this paragraph, the term
  650  “part-time tutoring services” does not qualify as regular school
  651  attendance as defined in s. 1003.01(13) s. 1003.01(13)(e).
  652  
  653  A provider of any services receiving payments pursuant to this
  654  subsection may not share, refund, or rebate any moneys from the
  655  Gardiner Scholarship with the parent or participating student in
  656  any manner. A parent, student, or provider of any services may
  657  not bill an insurance company, Medicaid, or any other agency for
  658  the same services that are paid for using Gardiner Scholarship
  659  funds.
  660         (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
  661  private school may be sectarian or nonsectarian and shall:
  662         (a) Comply with all requirements for private schools
  663  participating in state school choice scholarship programs
  664  pursuant to s. 1002.421.
  665         (b) Provide to the organization, upon request, all
  666  documentation required for the student’s participation,
  667  including the private school’s and student’s fee schedules.
  668         (c) Be academically accountable to the parent for meeting
  669  the educational needs of the student by:
  670         1. At a minimum, annually providing to the parent a written
  671  explanation of the student’s progress.
  672         2. Annually administering or making provision for students
  673  participating in the program in grades 3 through 10 to take one
  674  of the nationally norm-referenced tests identified by the
  675  Department of Education or the statewide assessments pursuant to
  676  s. 1008.22. Students with disabilities for whom standardized
  677  testing is not appropriate are exempt from this requirement. A
  678  participating private school shall report a student’s scores to
  679  the parent.
  680         3. Cooperating with the scholarship student whose parent
  681  chooses to have the student participate in the statewide
  682  assessments pursuant to s. 1008.22 or, if a private school
  683  chooses to offer the statewide assessments, administering the
  684  assessments at the school.
  685         a. A participating private school may choose to offer and
  686  administer the statewide assessments to all students who attend
  687  the private school in grades 3 through 10.
  688         b. A participating private school shall submit a request in
  689  writing to the Department of Education by March 1 of each year
  690  in order to administer the statewide assessments in the
  691  subsequent school year.
  692         (d) Employ or contract with teachers who have regular and
  693  direct contact with each student receiving a scholarship under
  694  this section at the school’s physical location.
  695         (e) Provide a report from an independent certified public
  696  accountant who performs the agreed-upon procedures developed
  697  under s. 1002.395(6)(o) if the private school receives more than
  698  $250,000 in funds from scholarships awarded under this chapter
  699  section in a state fiscal year. A private school subject to this
  700  paragraph must annually submit the report by September 15 to the
  701  organization that awarded the majority of the school’s
  702  scholarship funds. The agreed-upon procedures must be conducted
  703  in accordance with attestation standards established by the
  704  American Institute of Certified Public Accountants.
  705  
  706  If a private school fails or refuses is unable to meet the
  707  requirements of this subsection or has consecutive years of
  708  material exceptions listed in the report required under
  709  paragraph (e), the commissioner may determine that the private
  710  school is ineligible to participate in the program.
  711         (11) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
  712  PARTICIPATION.—A parent who applies for program participation
  713  under this section is exercising his or her parental option to
  714  determine the appropriate placement or the services that best
  715  meet the needs of his or her child. The scholarship award for a
  716  student is based on a matrix that assigns the student to support
  717  Level III services. If a parent receives an IEP and a matrix of
  718  services from the school district pursuant to subsection (7),
  719  the amount of the payment shall be adjusted as needed, when the
  720  school district completes the matrix.
  721         (a) To satisfy or maintain program eligibility, including
  722  eligibility to receive and spend program payments, the parent
  723  must sign an agreement with the organization and annually submit
  724  a notarized, sworn compliance statement to the organization to:
  725         1. Affirm that the student is enrolled in a program that
  726  meets regular school attendance requirements as provided in s.
  727  1003.01(13)(b) or (c) s. 1003.01(13)(b)-(d).
  728         2. Affirm that the program funds are used only for
  729  authorized purposes serving the student’s educational needs, as
  730  described in subsection (5).
  731         3. Affirm that the parent is responsible for the education
  732  of his or her student by, as applicable:
  733         a. Requiring the student to take an assessment in
  734  accordance with paragraph (8)(c);
  735         b. Providing an annual evaluation in accordance with s.
  736  1002.41(1)(c); or
  737         c. Requiring the child to take any preassessments and
  738  postassessments selected by the provider if the child is 4 years
  739  of age and is enrolled in a program provided by an eligible
  740  Voluntary Prekindergarten Education Program provider. A student
  741  with disabilities for whom a preassessment and postassessment is
  742  not appropriate is exempt from this requirement. A participating
  743  provider shall report a student’s scores to the parent.
  744         4. Affirm that the student remains in good standing with
  745  the provider or school if those options are selected by the
  746  parent.
  747  
  748  A parent who fails to comply with this subsection forfeits the
  749  Gardiner Scholarship.
  750         Section 13. Subsection (3), paragraph (f) of subsection
  751  (6), and subsection (8) of section 1002.39, Florida Statutes,
  752  are amended to read:
  753         1002.39 The John M. McKay Scholarships for Students with
  754  Disabilities Program.—There is established a program that is
  755  separate and distinct from the Opportunity Scholarship Program
  756  and is named the John M. McKay Scholarships for Students with
  757  Disabilities Program.
  758         (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.—A student is
  759  not eligible for a John M. McKay Scholarship:
  760         (a) While he or she is enrolled in a school operating for
  761  the purpose of providing educational services to youth in
  762  Department of Juvenile Justice commitment programs;
  763         (b) While he or she is receiving a Florida tax credit
  764  scholarship under s. 1002.395;
  765         (c) While he or she is receiving an educational scholarship
  766  pursuant to this chapter;
  767         (d) While he or she is participating in a home education
  768  program as defined in s. 1002.01(1);
  769         (e) While he or she is participating in a private tutoring
  770  program pursuant to s. 1002.43;
  771         (e)(f) While he or she is participating in a virtual
  772  school, correspondence school, or distance learning program that
  773  receives state funding pursuant to the student’s participation
  774  unless the participation is limited to no more than two courses
  775  per school year;
  776         (f)(g) While he or she is enrolled in the Florida School
  777  for the Deaf and the Blind;
  778         (g)(h) While he or she is not having regular and direct
  779  contact with his or her private school teachers at the school’s
  780  physical location unless he or she is enrolled in the private
  781  school’s transition-to-work program pursuant to subsection (10);
  782  or
  783         (h)(i) If he or she has been issued a temporary 504
  784  accommodation plan under s. 504 of the Rehabilitation Act of
  785  1973 which is valid for 6 months or less.
  786         (6) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
  787  shall:
  788         (f)1. Conduct random site visits to private schools
  789  participating in the John M. McKay Scholarships for Students
  790  with Disabilities Program as authorized under s. 1002.421(7).
  791  The purposes purpose of the site visits are is solely to verify
  792  compliance with the provisions of subsection (7) aimed at
  793  protecting the health, safety, and welfare of students and to
  794  verify the information reported by the schools concerning the
  795  enrollment and attendance of students, the credentials of
  796  teachers, background screening of teachers, and teachers’
  797  fingerprinting results, which information is required by rules
  798  of the State Board of Education, subsection (8), and s.
  799  1002.421. The Department of Education may not make followup more
  800  than three random site visits at any time to any school that has
  801  received a notice of noncompliance or a notice of proposed
  802  action within the previous 2 years pursuant to subsection (7)
  803  each year and may not make more than one random site visit each
  804  year to the same private school.
  805         2. Annually, by December 15, report to the Governor, the
  806  President of the Senate, and the Speaker of the House of
  807  Representatives the Department of Education’s actions with
  808  respect to implementing accountability in the scholarship
  809  program under this section and s. 1002.421, any substantiated
  810  allegations or violations of law or rule by an eligible private
  811  school under this program concerning the enrollment and
  812  attendance of students, the credentials of teachers, background
  813  screening of teachers, and teachers’ fingerprinting results and
  814  the corrective action taken by the Department of Education.
  815         (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
  816  eligible to participate in the John M. McKay Scholarships for
  817  Students with Disabilities Program, a private school may be
  818  sectarian or nonsectarian and must:
  819         (a) Comply with all requirements for private schools
  820  participating in state school choice scholarship programs
  821  pursuant to s. 1002.421.
  822         (b) Provide to the department all documentation required
  823  for a student’s participation, including the private school’s
  824  and student’s fee schedules, at least 30 days before any
  825  quarterly scholarship payment is made for the student pursuant
  826  to paragraph (11)(e). A student is not eligible to receive a
  827  quarterly scholarship payment if the private school fails to
  828  meet this deadline.
  829         (c) Be academically accountable to the parent for meeting
  830  the educational needs of the student by:
  831         1. At a minimum, annually providing to the parent a written
  832  explanation of the student’s progress.
  833         2. Cooperating with the scholarship student whose parent
  834  chooses to participate in the statewide assessments pursuant to
  835  s. 1008.22.
  836         (d) Maintain in this state a physical location where a
  837  scholarship student regularly attends classes.
  838         (e) If the private school that participates in a state
  839  scholarship program under this chapter receives more than
  840  $250,000 in funds from scholarships awarded under chapter 1002
  841  in a state fiscal year, provide an annual report from an
  842  independent certified public accountant who performs the agreed
  843  upon procedures developed under s. 1002.395(6)(o). Such a
  844  private school must annually submit the required report by
  845  September 15 to the organization that awarded the majority of
  846  the school’s scholarship funds. The agreed-upon procedures must
  847  be conducted in accordance with attestation standards
  848  established by the American Institute of Certified Public
  849  Accountants.
  850  
  851  The failure or refusal inability of a private school to meet the
  852  requirements of this subsection shall constitute a basis for the
  853  ineligibility of the private school to participate in the
  854  scholarship program as determined by the department.
  855         Section 14. Subsection (4), paragraph (o) of subsection
  856  (6), subsection (8), and paragraph (n) of subsection (9) of
  857  section 1002.395, Florida Statutes, are amended to read:
  858         1002.395 Florida Tax Credit Scholarship Program.—
  859         (4) SCHOLARSHIP PROHIBITIONS.—A student is not eligible for
  860  a scholarship while he or she is:
  861         (a) Enrolled in a school operating for the purpose of
  862  providing educational services to youth in Department of
  863  Juvenile Justice commitment programs;
  864         (b) Receiving a scholarship from another eligible nonprofit
  865  scholarship-funding organization under this section;
  866         (c) Receiving an educational scholarship pursuant to
  867  chapter 1002;
  868         (d) Participating in a home education program as defined in
  869  s. 1002.01(1);
  870         (e) Participating in a private tutoring program pursuant to
  871  s. 1002.43;
  872         (e)(f) Participating in a virtual school, correspondence
  873  school, or distance learning program that receives state funding
  874  pursuant to the student’s participation unless the participation
  875  is limited to no more than two courses per school year; or
  876         (f)(g) Enrolled in the Florida School for the Deaf and the
  877  Blind.
  878         (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
  879  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
  880  organization:
  881         (o)1.a. Must participate in the joint development of
  882  agreed-upon procedures to be performed by an independent
  883  certified public accountant as required under paragraph (8)(e)
  884  if the scholarship-funding organization provided more than
  885  $250,000 in scholarship funds to an eligible private school
  886  under this chapter section during the 2009-2010 state fiscal
  887  year. The agreed-upon procedures must uniformly apply to all
  888  private schools and must determine, at a minimum, whether the
  889  private school has been verified as eligible by the Department
  890  of Education under paragraph (9)(c); has an adequate accounting
  891  system, system of financial controls, and process for deposit
  892  and classification of scholarship funds; and has properly
  893  expended scholarship funds for education-related expenses.
  894  During the development of the procedures, the participating
  895  scholarship-funding organizations shall specify guidelines
  896  governing the materiality of exceptions that may be found during
  897  the accountant’s performance of the procedures. The procedures
  898  and guidelines shall be provided to private schools and the
  899  Commissioner of Education by March 15, 2011.
  900         b. Must participate in a joint review of the agreed-upon
  901  procedures and guidelines developed under sub-subparagraph a.,
  902  by February 2013 and biennially thereafter, if the scholarship
  903  funding organization provided more than $250,000 in scholarship
  904  funds to an eligible private school under this chapter section
  905  during the state fiscal year preceding the biennial review. If
  906  the procedures and guidelines are revised, the revisions must be
  907  provided to private schools and the Commissioner of Education by
  908  March 15, 2013, and biennially thereafter.
  909         c. Must monitor the compliance of a private school with
  910  paragraph (8)(e) if the scholarship-funding organization
  911  provided the majority of the scholarship funding to the school.
  912  For each private school subject to paragraph (8)(e), the
  913  appropriate scholarship-funding organization shall notify the
  914  Commissioner of Education by October 30, 2011, and annually
  915  thereafter of:
  916         (I) A private school’s failure to submit a report required
  917  under paragraph (8)(e); or
  918         (II) Any material exceptions set forth in the report
  919  required under paragraph (8)(e).
  920         2. Must seek input from the accrediting associations that
  921  are members of the Florida Association of Academic Nonpublic
  922  Schools when jointly developing the agreed-upon procedures and
  923  guidelines under sub-subparagraph 1.a. and conducting a review
  924  of those procedures and guidelines under sub-subparagraph 1.b.
  925  
  926  Information and documentation provided to the Department of
  927  Education and the Auditor General relating to the identity of a
  928  taxpayer that provides an eligible contribution under this
  929  section shall remain confidential at all times in accordance
  930  with s. 213.053.
  931         (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
  932  private school may be sectarian or nonsectarian and must:
  933         (a) Comply with all requirements for private schools
  934  participating in state school choice scholarship programs
  935  pursuant to s. 1002.421.
  936         (b) Provide to the eligible nonprofit scholarship-funding
  937  organization, upon request, all documentation required for the
  938  student’s participation, including the private school’s and
  939  student’s fee schedules.
  940         (c) Be academically accountable to the parent for meeting
  941  the educational needs of the student by:
  942         1. At a minimum, annually providing to the parent a written
  943  explanation of the student’s progress.
  944         2. Annually administering or making provision for students
  945  participating in the scholarship program in grades 3 through 10
  946  to take one of the nationally norm-referenced tests identified
  947  by the Department of Education or the statewide assessments
  948  pursuant to s. 1008.22. Students with disabilities for whom
  949  standardized testing is not appropriate are exempt from this
  950  requirement. A participating private school must report a
  951  student’s scores to the parent. A participating private school
  952  must annually report by August 15 the scores of all
  953  participating students to the Learning System Institute
  954  described in paragraph (9)(j).
  955         3. Cooperating with the scholarship student whose parent
  956  chooses to have the student participate in the statewide
  957  assessments pursuant to s. 1008.22 or, if a private school
  958  chooses to offer the statewide assessments, administering the
  959  assessments at the school.
  960         a. A participating private school may choose to offer and
  961  administer the statewide assessments to all students who attend
  962  the private school in grades 3 through 10.
  963         b. A participating private school must submit a request in
  964  writing to the Department of Education by March 1 of each year
  965  in order to administer the statewide assessments in the
  966  subsequent school year.
  967         (d) Employ or contract with teachers who have regular and
  968  direct contact with each student receiving a scholarship under
  969  this section at the school’s physical location.
  970         (e) Provide a report from an independent certified public
  971  accountant who performs the agreed-upon procedures developed
  972  under paragraph (6)(o) if the private school receives more than
  973  $250,000 in funds from scholarships awarded under this chapter
  974  section in a state fiscal year. A private school subject to this
  975  paragraph must annually submit the report by September 15 to the
  976  scholarship-funding organization that awarded the majority of
  977  the school’s scholarship funds. The agreed-upon procedures must
  978  be conducted in accordance with attestation standards
  979  established by the American Institute of Certified Public
  980  Accountants.
  981  
  982  If a private school fails or refuses is unable to meet the
  983  requirements of this subsection or has consecutive years of
  984  material exceptions listed in the report required under
  985  paragraph (e), the commissioner may determine that the private
  986  school is ineligible to participate in the scholarship program
  987  as determined by the Department of Education.
  988         (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The Department of
  989  Education shall:
  990         (n)1. Conduct site visits to private schools participating
  991  in the Florida Tax Credit Scholarship Program as authorized
  992  under s. 1002.421(7). The purposes purpose of the site visits
  993  are is solely to verify compliance with the provisions of
  994  subsection (11) aimed at protecting the health, safety, and
  995  welfare of students and to verify the information reported by
  996  the schools concerning the enrollment and attendance of
  997  students, the credentials of teachers, background screening of
  998  teachers, and teachers’ fingerprinting results. The Department
  999  of Education may not make more than seven site visits each year;
 1000  however, The department may make followup additional site visits
 1001  at any time to any school that, pursuant to subsection (11), has
 1002  received a notice of noncompliance or a notice of proposed
 1003  action within the previous 2 years.
 1004         2. Annually, by December 15, report to the Governor, the
 1005  President of the Senate, and the Speaker of the House of
 1006  Representatives the Department of Education’s actions with
 1007  respect to implementing accountability in the scholarship
 1008  program under this section and s. 1002.421, any substantiated
 1009  allegations or violations of law or rule by an eligible private
 1010  school under this program concerning the enrollment and
 1011  attendance of students, the credentials of teachers, background
 1012  screening of teachers, and teachers’ fingerprinting results and
 1013  the corrective action taken by the Department of Education.
 1014         Section 15. Section 1002.40, Florida Statutes, is created
 1015  to read:
 1016         1002.40The Hope Scholarship Program.—
 1017         (1)PURPOSE.—The Hope Scholarship Program is established to
 1018  provide the parent of a public school student who was the victim
 1019  of a substantiated incident of violence or abuse, as listed in
 1020  subsection (3), an opportunity to transfer the student to
 1021  another public school that has capacity or to request and
 1022  receive a scholarship for the student to enroll in and attend an
 1023  eligible private school.
 1024         (2)DEFINITIONS.—As used in this section, the term:
 1025         (a)“Department” means the Department of Education.
 1026         (b)“Eligible contribution” or “contribution” means a
 1027  monetary contribution from a person required to pay sales and
 1028  use tax on the purchase or acquisition of a motor vehicle,
 1029  subject to the restrictions provided in this section, to an
 1030  eligible nonprofit scholarship-funding organization. The
 1031  taxpayer making the contribution may not designate a specific
 1032  student as the beneficiary of the contribution.
 1033         (c)“Eligible nonprofit scholarship-funding organization”
 1034  or “organization” has the same meaning as provided in s.
 1035  1002.395(2)(f), as determined by the department.
 1036         (d)“Eligible private school” has the same meaning as
 1037  provided in s. 1002.395(2)(g), as determined by the department.
 1038         (e)“Motor vehicle” has the same meaning as provided in s.
 1039  320.01(1)(a), but does not include heavy trucks, truck tractors,
 1040  trailers, and motorcycles.
 1041         (f)“Parent” means a resident of this state who is a
 1042  parent, as defined in s. 1000.21, and whose public school
 1043  student was the victim of a reported incident, as listed in
 1044  subsection (3).
 1045         (g) “Principal” means the principal or his or her designee.
 1046         (h)“Program” means the Hope Scholarship Program.
 1047         (i)“School” includes any educational program or activity
 1048  conducted by a public K-12 educational institution, any school
 1049  related or school-sponsored program or activity, and riding on a
 1050  school bus, as defined in s. 1006.25(1), including waiting at a
 1051  school bus stop.
 1052         (j)“Unweighted FTE funding amount” means the statewide
 1053  average total funds per unweighted full-time equivalent funding
 1054  amount that is incorporated by reference in the General
 1055  Appropriations Act for the applicable state fiscal year.
 1056         (3)PROGRAM ELIGIBILITY.—Beginning with the 2018-2019
 1057  school year, contingent upon available funds, and on a first
 1058  come, first-served basis, a student enrolled full time in a
 1059  Florida public school in kindergarten through grade 12 is
 1060  eligible for a scholarship under this program if all of the
 1061  following conditions are met:
 1062         (a) The student is the victim of a substantiated incident
 1063  of battery; harassment; hazing; bullying; kidnapping; physical
 1064  attack; robbery; sexual offenses, harassment, assault, or
 1065  battery; threat or intimidation; or fighting at school.
 1066         (b) The incident is formally reported by the victim or the
 1067  victim’s parent to the principal.
 1068         (c) Through an investigation, the principal finds that the
 1069  incident is substantiated.
 1070         (d) The principal’s investigation remains open or the
 1071  district’s resolution of issues related to the incident remain
 1072  unresolved after timely notification, deliberative evaluation,
 1073  and 30 days of responsible and appropriate action taken in
 1074  accordance with paragraph (5)(a).
 1075         (4)PROGRAM PROHIBITIONS.—Payment of a scholarship may not
 1076  be made if a student is:
 1077         (a)Enrolled in a public school, including, but not limited
 1078  to, the Florida School for the Deaf and the Blind; the College
 1079  Preparatory Boarding Academy; the Florida Virtual School; a
 1080  developmental research school authorized under s. 1002.32; or a
 1081  charter school authorized under s. 1002.33, s. 1002.331, s.
 1082  1002.332, or s. 1002.333;
 1083         (b)Enrolled in a school operating for the purpose of
 1084  providing educational services to youth in the Department of
 1085  Juvenile Justice commitment programs;
 1086         (c)Participating in a virtual school, correspondence
 1087  school, or distance learning program that receives state funding
 1088  pursuant to the student’s participation unless the participation
 1089  is limited to no more than two courses per school year;
 1090         (d)Receiving any other educational scholarship pursuant to
 1091  this chapter; or
 1092         (e) Participating in a home education program, as defined
 1093  in s. 1002.01.
 1094         (5)SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—
 1095         (a)1.Within 24 hours after receipt of a formal report of
 1096  an incident listed in subsection (3)(a), the principal shall
 1097  provide a copy of the report to the victim’s parent and the
 1098  alleged offender’s parent. The report must include a statement
 1099  of the expected investigative actions and the timeline for
 1100  reporting the outcome of the investigation. Within 24 hours
 1101  after receipt of the formal report, the principal must also
 1102  provide the superintendent with a copy of the report and
 1103  verification that the parents of the victim and the alleged
 1104  offender have been provided a copy of the incident report and
 1105  other required information.
 1106         2. In accordance with s. 1006.09, the principal must
 1107  investigate the incident to determine if the incident is
 1108  substantiated or unsubstantiated, and if the incident must be
 1109  reported. The principal may, at his or her discretion, determine
 1110  the extent to which each student was engaged in instigating,
 1111  initiating, or reacting to a physical altercation, and may
 1112  consider such information when evaluating and determining
 1113  appropriate disciplinary actions and investigation outcomes.
 1114         3. During the investigation period, the principal and the
 1115  superintendent shall take all necessary actions to continue the
 1116  educational services of students involved in the reported
 1117  incident while taking every reasonable precaution to keep the
 1118  alleged offender separated from the victim or any sibling of the
 1119  victim while on school grounds or on school transportation,
 1120  pursuant to ss. 1006.09, 1006.13, and 1006.147, as appropriate.
 1121         4. Upon the principal’s determination that an alleged
 1122  incident is unsubstantiated or the resolution of issues related
 1123  to a substantiated incident or within 15 days after the incident
 1124  was reported, whichever occurs first, the principal must report
 1125  to the victim’s parent and the alleged offender’s parent the
 1126  findings, outcome, or status of the investigation. The principal
 1127  shall continue to provide such reports to the parents at least
 1128  every 15 days until the investigation concludes and issues
 1129  associated with the incident are resolved.
 1130         5. If the principal’s investigation into the incident
 1131  remains open more than 30 days after the date a substantiated
 1132  incident was reported or issues associated with the incident
 1133  remain unresolved, the school district, in accordance with the
 1134  school district’s code of student conduct, shall:
 1135         a. Notify the victim’s parent of the availability of the
 1136  program and offer that parent an opportunity to enroll his or
 1137  her student in another public school or to request and receive a
 1138  scholarship to attend an eligible private school, subject to
 1139  available funding; and
 1140         b. Provide the victim’s parent with a written notification
 1141  of the result of the principal’s investigation of the alleged
 1142  incident. The parent must provide such notification to the
 1143  scholarship-funding organization that verifies the student’s
 1144  eligibility.
 1145         6. To facilitate timely, appropriate, and fiscally
 1146  accountable scholarship payments, school districts must report
 1147  and verify student enrollment information during and outside of
 1148  regular FTE student enrollment survey periods, as requested by
 1149  the department pursuant to paragraph (7)(d).
 1150         (b)1.A parent who, pursuant to s. 1002.31, chooses to
 1151  enroll his or her student in a Florida public school located
 1152  outside the district in which the student resides shall be
 1153  eligible for a scholarship under paragraph (11)(b) to transport
 1154  the student.
 1155         2.For each student participating in the program in a
 1156  private school who chooses to participate in the statewide
 1157  assessments under s. 1008.22 or the Florida Alternate
 1158  Assessment, the school district in which the student resides
 1159  must notify the student and his or her parent about the
 1160  locations and times to take all statewide assessments.
 1161         (6)PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
 1162  private school may be sectarian or nonsectarian and shall:
 1163         (a)Meet the definition of a private school in s. 1002.01
 1164  and comply with all requirements for private schools
 1165  participating in state school choice scholarship programs
 1166  pursuant to this section and s. 1002.421.
 1167         (b)Provide to the organization and the department, upon
 1168  request, all documentation required for the student’s
 1169  participation, including, but not limited to, the private
 1170  school’s and the student’s fee schedules.
 1171         (c)Be academically accountable to the parent for meeting
 1172  the educational needs of the student by:
 1173         1.At a minimum, annually providing to the parent a written
 1174  explanation of the student’s progress.
 1175         2.Annually administering or making provision for students
 1176  participating in the program in grades 3 through 10 to take one
 1177  of the nationally norm-referenced tests identified by the
 1178  department or the statewide assessments pursuant to s. 1008.22.
 1179  Students with disabilities for whom standardized testing is not
 1180  appropriate are exempt from this requirement. A participating
 1181  private school shall report a student’s scores to his or her
 1182  parent.
 1183         3.Cooperating with the student whose parent chooses to
 1184  have the student participate in the statewide assessments
 1185  pursuant to s. 1008.22 or, if a private school chooses to offer
 1186  the statewide assessments, administering the assessments at the
 1187  school.
 1188         a.A participating private school may choose to offer and
 1189  administer the statewide assessments to all students who attend
 1190  the private school in grades 3 through 10.
 1191         b.A participating private school shall submit a request in
 1192  writing to the department by March 1 of each year in order to
 1193  administer the statewide assessments in the subsequent school
 1194  year.
 1195         (d)Employ or contract with teachers who have regular and
 1196  direct contact with each student receiving a scholarship under
 1197  this section at the school’s physical location.
 1198         (e)Maintain in this state a physical location where a
 1199  scholarship student regularly attends classes.
 1200         (f)Provide a report from an independent certified public
 1201  accountant who performs the agreed-upon procedures developed
 1202  under s. 1002.395(6)(o) if the private school receives more than
 1203  $250,000 in funds from scholarships awarded under this section
 1204  in a state fiscal year. A private school subject to this
 1205  paragraph must annually submit the report by September 15 to the
 1206  organization that awarded the majority of the school’s
 1207  scholarship funds. The agreed-upon procedures must be conducted
 1208  in accordance with attestation standards established by the
 1209  American Institute of Certified Public Accountants.
 1210  
 1211  The failure of a private school to meet the requirements of this
 1212  subsection constitutes a basis for the ineligibility of the
 1213  private school to participate in the program, as determined by
 1214  the department.
 1215         (7)DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
 1216  shall:
 1217         (a)Establish a toll-free hotline that provides parents and
 1218  private schools with information on participation in the
 1219  program.
 1220         (b)Annually verify the eligibility of private schools that
 1221  meet the requirements of subsection (6).
 1222         (c)Require an annual notarized and sworn compliance
 1223  statement by participating private schools certifying compliance
 1224  with state laws and retain such records.
 1225         (d)Cross-check the list of participating students with the
 1226  public school enrollment lists and participation lists in other
 1227  scholarship programs established under this chapter before each
 1228  scholarship payment to avoid duplication.
 1229         (e)Maintain a list of nationally norm-referenced tests
 1230  identified for purposes of satisfying the testing requirement in
 1231  paragraph (9)(f). The tests must meet industry standards of
 1232  quality in accordance with State Board of Education rule.
 1233         (f)Require quarterly reports by an eligible nonprofit
 1234  scholarship-funding organization regarding the number of
 1235  students participating in the scholarship program, the private
 1236  schools in which the students are enrolled, and other
 1237  information deemed necessary by the department.
 1238         (g)Contract with an independent entity to provide an
 1239  annual evaluation of the program by:
 1240         1.Reviewing the school climate and code of student conduct
 1241  of each public school that reported the occurrence of a monthly
 1242  average of 10 or more substantiated incidents to determine areas
 1243  in the school or school district procedures involving reporting,
 1244  investigating, and communicating a parent’s and student’s rights
 1245  which are in need of improvement. At a minimum, the review must
 1246  include:
 1247         a.An assessment of the investigation time and quality of
 1248  the response of the school and the school district;
 1249         b.An assessment of the effectiveness of communication
 1250  procedures with the students involved in an incident, the
 1251  students’ parents, and the school and school district personnel;
 1252         c.An analysis of school incident and discipline data; and
 1253         d.The challenges and obstacles relating to implementing
 1254  recommendations from this review.
 1255         2.Reviewing the school climate and code of student conduct
 1256  of each public school a student transferred to if the student
 1257  was from a school identified in subparagraph 1. in order to
 1258  identify best practices and make recommendations to a public
 1259  school at which the incidents occurred.
 1260         3.Reviewing the performance of participating students
 1261  enrolled in a private school in which the majority of the
 1262  school’s total enrolled students in the prior school year
 1263  participated in one or more scholarship programs, as defined in
 1264  s. 1002.01, in which there are at least 10 participating
 1265  students who have scores for tests administered; and reviewing
 1266  the school climate and code of student conduct of the private
 1267  school if one or more scholarship participants were involved in
 1268  a reported incident at the school during the prior school year.
 1269         4. Surveying the parents of participating students to
 1270  determine academic, safety, and school climate satisfaction and
 1271  to identify any challenges or obstacles in addressing the
 1272  incident or relating to the use of the scholarship.
 1273         (h)Upon the request of a participating private school,
 1274  provide at no cost to the school the statewide assessments
 1275  administered under s. 1008.22 and any related materials for
 1276  administering the assessments. Students at a private school may
 1277  be assessed using the statewide assessments if the addition of
 1278  those students and the school does not cause the state to exceed
 1279  its contractual caps for the number of students tested and the
 1280  number of testing sites. The state shall provide the same
 1281  materials and support to a private school that it provides to a
 1282  public school. A private school that chooses to administer
 1283  statewide assessments under s. 1008.22 shall follow the
 1284  requirements set forth in ss. 1008.22 and 1008.24, rules adopted
 1285  by the State Board of Education to implement those sections, and
 1286  district-level testing policies established by the district
 1287  school board.
 1288         (i)Establish a process by which individuals may notify the
 1289  department of any violation by a parent, private school, or
 1290  school district of state laws relating to program participation.
 1291  The department shall conduct an inquiry or make a referral to
 1292  the appropriate agency for an investigation of any written
 1293  complaint of a violation of this section if the complaint is
 1294  signed by the complainant and is legally sufficient. A complaint
 1295  is legally sufficient if such complaint contains ultimate facts
 1296  that show that a violation of this section or any rule adopted
 1297  by the State Board of Education pursuant to this section has
 1298  occurred. In order to determine legal sufficiency, the
 1299  department may require supporting information or documentation
 1300  from the complainant. A department inquiry is not subject to the
 1301  requirements of chapter 120.
 1302         (j)1.Conduct site visits to participating private schools.
 1303  The purpose of the site visits is solely to verify the
 1304  information reported by the schools concerning the enrollment
 1305  and attendance of students, the credentials of teachers,
 1306  background screening of teachers, teachers’ fingerprinting
 1307  results, and other conditions required pursuant to s. 1002.421
 1308  and this section. The department may not make more than seven
 1309  site visits each year; however, the department may make
 1310  additional site visits at any time to a school that is the
 1311  subject of a violation complaint submitted pursuant to paragraph
 1312  (i), is identified by an organization for a known or suspected
 1313  violation, or has received a notice of noncompliance or a notice
 1314  of proposed action within the current year or the previous 2
 1315  years.
 1316         2.Annually, by December 15, report to the Governor, the
 1317  President of the Senate, and the Speaker of the House of
 1318  Representatives the department’s actions with respect to
 1319  implementing accountability in the program under this section
 1320  and s. 1002.421, any substantiated allegations or violations of
 1321  law or rule by an eligible private school under this program,
 1322  and the corrective action taken by the department.
 1323         (8)COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.—
 1324         (a)The Commissioner of Education:
 1325         1.Shall deny, suspend, or revoke a private school’s
 1326  participation in the program if it is determined that the
 1327  private school has failed to comply with the provisions of this
 1328  section. However, if the noncompliance is correctable within a
 1329  reasonable amount of time and if the health, safety, or welfare
 1330  of the students is not threatened, the commissioner may issue a
 1331  notice of noncompliance which provides the private school with a
 1332  timeframe within which to provide evidence of compliance before
 1333  taking action to suspend or revoke the private school’s
 1334  participation in the program.
 1335         2.May deny, suspend, or revoke a private school’s
 1336  participation in the program if the commissioner determines that
 1337  an owner or operator of the private school is operating or has
 1338  operated an educational institution in this state or in another
 1339  state or jurisdiction in a manner contrary to the health,
 1340  safety, or welfare of the public.
 1341         a.In making such a determination, the commissioner may
 1342  consider factors that include, but are not limited to, acts or
 1343  omissions by an owner or operator which led to a previous denial
 1344  or revocation of participation in an education scholarship
 1345  program; an owner’s or operator’s failure to reimburse the
 1346  department for scholarship funds improperly received or retained
 1347  by a school; imposition of a prior criminal sanction related to
 1348  an owner’s or operator’s management or operation of an
 1349  educational institution; imposition of a civil fine or
 1350  administrative fine, license revocation or suspension, or
 1351  program eligibility suspension, termination, or revocation
 1352  related to an owner’s or operator’s management or operation of
 1353  an educational institution; or other types of criminal
 1354  proceedings in which an owner or operator was found guilty of,
 1355  regardless of adjudication, or entered a plea of nolo contendere
 1356  or guilty to, any offense involving fraud, deceit, dishonesty,
 1357  or moral turpitude.
 1358         b.For purposes of this subparagraph, the term “owner or
 1359  operator” includes an owner, operator, superintendent, or
 1360  principal of, or a person who has equivalent decisionmaking
 1361  authority over, a private school participating in the
 1362  scholarship program.
 1363         (b)The commissioner’s determination is subject to the
 1364  following:
 1365         1.If the commissioner intends to deny, suspend, or revoke
 1366  a private school’s participation in the program, the department
 1367  shall notify the private school of such proposed action in
 1368  writing by certified mail and regular mail to the private
 1369  school’s address of record with the department. The notification
 1370  shall include the reasons for the proposed action and notice of
 1371  the timelines and procedures set forth in this paragraph.
 1372         2.The private school that is adversely affected by the
 1373  proposed action shall have 15 days after receipt of the notice
 1374  of proposed action to file with the department’s agency clerk a
 1375  request for a proceeding pursuant to ss. 120.569 and 120.57. If
 1376  the private school is entitled to a hearing under s. 120.57(1),
 1377  the department shall refer the request to the Division of
 1378  Administrative Hearings.
 1379         3.Upon receipt of a request referred pursuant to this
 1380  paragraph, the director of the Division of Administrative
 1381  Hearings shall expedite the hearing and assign an administrative
 1382  law judge who shall commence a hearing within 30 days after the
 1383  receipt of the formal written request by the division and enter
 1384  a recommended order within 30 days after the hearing or within
 1385  30 days after receipt of the hearing transcript, whichever is
 1386  later. Each party shall be allowed 10 days in which to submit
 1387  written exceptions to the recommended order. A final order shall
 1388  be entered by the agency within 30 days after the entry of a
 1389  recommended order. The provisions of this subparagraph may be
 1390  waived upon stipulation by all parties.
 1391         (c)The commissioner may immediately suspend payment of
 1392  scholarship funds if it is determined that there is probable
 1393  cause to believe that there is:
 1394         1.An imminent threat to the health, safety, or welfare of
 1395  the students; or
 1396         2.Fraudulent activity on the part of the private school.
 1397  Notwithstanding s. 1002.22, in incidents of alleged fraudulent
 1398  activity pursuant to this section, the department’s Office of
 1399  Inspector General is authorized to release personally
 1400  identifiable records or reports of students to the following
 1401  persons or organizations:
 1402         a.A court of competent jurisdiction in compliance with an
 1403  order of that court or the attorney of record in accordance with
 1404  a lawfully issued subpoena, consistent with the Family
 1405  Educational Rights and Privacy Act, 20 U.S.C. s. 1232g.
 1406         b.A person or entity authorized by a court of competent
 1407  jurisdiction in compliance with an order of that court or the
 1408  attorney of record pursuant to a lawfully issued subpoena,
 1409  consistent with the Family Educational Rights and Privacy Act,
 1410  20 U.S.C. s. 1232g.
 1411         c.Any person, entity, or authority issuing a subpoena for
 1412  law enforcement purposes when the court or other issuing agency
 1413  has ordered that the existence or the contents of the subpoena
 1414  or the information furnished in response to the subpoena not be
 1415  disclosed, consistent with the Family Educational Rights and
 1416  Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31.
 1417  
 1418  The commissioner’s suspension of payment pursuant to this
 1419  paragraph may be appealed pursuant to the same procedures and
 1420  timelines as the notice of proposed action set forth in
 1421  paragraph (b).
 1422         (9)PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
 1423  PARTICIPATION.—A parent who applies for a Hope Scholarship is
 1424  exercising his or her parental option to place his or her
 1425  student in an eligible private school.
 1426         (a)The parent must select an eligible private school and
 1427  apply for the admission of his or her student.
 1428         (b)The parent must inform the student’s school district
 1429  when the parent withdraws his or her student to attend an
 1430  eligible private school.
 1431         (c)Any student participating in the program must comply
 1432  with the regular attendance requirements of s. 1003.01(13) and
 1433  remain in attendance throughout the school year unless excused
 1434  by the school for illness or other good cause.
 1435         (d)Each parent and each student has an obligation to the
 1436  private school to comply with the private school’s published
 1437  policies.
 1438         (e)Upon reasonable notice to the department and the school
 1439  district, the parent may remove the student from the private
 1440  school and place the student in a public school in accordance
 1441  with this section.
 1442         (f)The parent must ensure that the student participating
 1443  in the program takes the norm-referenced assessment offered by
 1444  the private school. The parent may also choose to have the
 1445  student participate in the statewide assessments pursuant to s.
 1446  1008.22. If the parent requests that the student participating
 1447  in the program take the statewide assessments pursuant to s.
 1448  1008.22 and the private school has not chosen to offer and
 1449  administer the statewide assessments, the parent is responsible
 1450  for transporting the student to the assessment site designated
 1451  by the school district.
 1452         (g)Upon receipt of a scholarship warrant, the parent to
 1453  whom the warrant is made must restrictively endorse the warrant
 1454  to the private school for deposit into the account of the
 1455  private school. The parent may not designate any entity or
 1456  individual associated with the participating private school as
 1457  the parent’s attorney in fact to endorse a scholarship warrant.
 1458  A parent who fails to comply with this paragraph forfeits the
 1459  scholarship.
 1460         (10)OBLIGATIONS OF NONPROFIT SCHOLARSHIP-FUNDING
 1461  ORGANIZATIONS.—An organization may establish scholarships for
 1462  eligible students by:
 1463         (a)Receiving applications and determining student
 1464  eligibility in accordance with the requirements of this section.
 1465         (b)Notifying parents of their receipt of a scholarship on
 1466  a first-come, first-served basis, based upon available funds.
 1467         (c)Preparing and submitting quarterly and annual reports
 1468  to the department pursuant to paragraphs (7)(f) and (g). In
 1469  addition, an eligible nonprofit scholarship-funding organization
 1470  must submit in a timely manner any information requested by the
 1471  department relating to the scholarship program.
 1472         (d)Notifying the department of any known or suspected
 1473  violation of this section by a private school, parent, or
 1474  student.
 1475         (11)FUNDING AND PAYMENT.—
 1476         (a)The maximum amount awarded to a student enrolled in an
 1477  eligible private school shall be determined as a percentage of
 1478  the unweighted FTE funding amount for that state fiscal year and
 1479  thereafter as follows:
 1480         1.Eighty-eight percent for a student enrolled in
 1481  kindergarten through grade 5.
 1482         2.Ninety-two percent for a student enrolled in grade 6
 1483  through grade 8.
 1484         3.Ninety-six percent for a student enrolled in grade 9
 1485  through grade 12.
 1486         (b)The maximum amount awarded to a student enrolled in a
 1487  Florida public school located outside of the district in which
 1488  the student resides shall be $750.
 1489         (c)When a student enters the program, the organization
 1490  must receive all documentation required for the student’s
 1491  participation, including a copy of the report of the
 1492  substantiated incident received pursuant to subsection (5) and
 1493  the private school’s and the student’s fee schedules. The
 1494  initial payment shall be made after verification of admission
 1495  acceptance, and subsequent payments shall be made upon
 1496  verification of continued enrollment and attendance at the
 1497  private school.
 1498         (d)Payment of the scholarship by the eligible nonprofit
 1499  scholarship-funding organization may be by individual warrant
 1500  made payable to the student’s parent or by funds transfer made
 1501  by debit cards, electronic payment cards, or other means of
 1502  payment which the department deems to be commercially viable or
 1503  cost-effective. If payment is made by warrant, the warrant must
 1504  be delivered by the eligible nonprofit scholarship-funding
 1505  organization to the private school of the parent’s choice, and
 1506  the parent shall restrictively endorse the warrant to the
 1507  private school. If payment is made by funds transfer, the parent
 1508  must approve each payment before the scholarship funds may be
 1509  deposited. The parent may not designate any entity or individual
 1510  associated with the participating private school as the parent’s
 1511  attorney in fact to endorse a scholarship warrant or approve a
 1512  funds transfer.
 1513         (e)An eligible nonprofit scholarship-funding organization
 1514  shall obtain verification from the private school of a student’s
 1515  continued attendance at the school for each period covered by a
 1516  scholarship payment.
 1517         (f)Payment of the scholarship shall be made by the
 1518  eligible nonprofit scholarship-funding organization no less
 1519  frequently than on a quarterly basis.
 1520         (g)An organization may use up to 3 percent of eligible
 1521  contributions received during the state fiscal year in which
 1522  such contributions are collected for administrative expenses if
 1523  the organization has operated as an eligible nonprofit
 1524  scholarship-funding organization for at least the preceding 3
 1525  fiscal years and did not have any findings of material weakness
 1526  or material noncompliance in its most recent audit under s.
 1527  1002.395(6)(m). Such administrative expenses must be reasonable
 1528  and necessary for the organization’s management and distribution
 1529  of eligible contributions under this section. Funds authorized
 1530  under this paragraph may not be used for lobbying or political
 1531  activity or expenses related to lobbying or political activity.
 1532  Up to one-third of the funds authorized for administrative
 1533  expenses under this paragraph may be used for expenses related
 1534  to the recruitment of contributions from taxpayers. An eligible
 1535  nonprofit scholarship-funding organization may not charge an
 1536  application fee.
 1537         (h)Moneys received pursuant to this section do not
 1538  constitute taxable income to the qualified student or his or her
 1539  parent.
 1540         (12)OBLIGATIONS OF THE AUDITOR GENERAL.—
 1541         (a)The Auditor General shall conduct an annual operational
 1542  audit of accounts and records of each organization that
 1543  participates in the program. As part of this audit, the Auditor
 1544  General shall verify, at a minimum, the total number of students
 1545  served and transmit that information to the department. The
 1546  Auditor General shall provide the commissioner with a copy of
 1547  each annual operational audit performed pursuant to this
 1548  subsection within 10 days after the audit is finalized.
 1549         (b)The Auditor General shall notify the department of any
 1550  organization that fails to comply with a request for
 1551  information.
 1552         (13)SCHOLARSHIP FUNDING TAX CREDITS.—
 1553         (a)A tax credit is available under s. 212.1832 for use by
 1554  a taxpayer that makes an eligible contribution to the program.
 1555  Each eligible contribution is limited to a single payment of $20
 1556  at the time of purchase of a motor vehicle or a single payment
 1557  of $20 at the time of registration of a motor vehicle that was
 1558  not purchased from a dealer. An eligible contribution shall be
 1559  accompanied by an election to contribute to the program and
 1560  shall be made by the purchaser at the time of purchase or at the
 1561  time of registration on a form provided by the Department of
 1562  Revenue. Payments of contributions shall be made to a dealer, as
 1563  defined in chapter 212, at the time of purchase of a motor
 1564  vehicle or to an agent of the Department of Revenue, as
 1565  designated by s. 212.06(10), at the time of registration of a
 1566  motor vehicle that was not purchased from a dealer.
 1567         (b)A tax collector or any person or firm authorized to
 1568  sell or issue a motor vehicle license who is designated as an
 1569  agent of the Department of Revenue pursuant to s. 212.06(10) or
 1570  who is a dealer shall:
 1571         1.Provide the purchaser the contribution election form, as
 1572  prescribed by the Department of Revenue, at the time of purchase
 1573  of a motor vehicle or at the time of registration of a motor
 1574  vehicle that was not purchased from a dealer.
 1575         2.Collect eligible contributions.
 1576         3.Using a form provided by the Department of Revenue,
 1577  which shall include the dealer’s or agent’s federal employer
 1578  identification number, remit to an organization on or before the
 1579  20th day of each month the total amount of contributions made to
 1580  that organization and collected during the preceding calendar
 1581  month.
 1582         4.Report on each return filed with the Department of
 1583  Revenue the total amount of credits allowed under s. 212.1832
 1584  during the preceding calendar month.
 1585         (c)An organization shall report to the Department of
 1586  Revenue, on or before the 20th day of each month, the total
 1587  amount of contributions received pursuant to paragraph (b) in
 1588  the preceding calendar month on a form provided by the
 1589  Department of Revenue. Such report shall include the federal
 1590  employer identification number of each tax collector, authorized
 1591  agent of the Department of Revenue, or dealer who remitted
 1592  contributions to the organization during that reporting period.
 1593         (d)A person who, with intent to unlawfully deprive or
 1594  defraud the program of its moneys or the use or benefit thereof,
 1595  fails to remit a contribution collected under this section is
 1596  guilty of theft of charitable funds, punishable as follows:
 1597         1.If the total amount stolen is less than $300, the
 1598  offense is a misdemeanor of the second degree, punishable as
 1599  provided in s. 775.082 or s. 775.083. Upon a second conviction,
 1600  the offender is guilty of a misdemeanor of the first degree,
 1601  punishable as provided in s. 775.082 or s. 775.083. Upon a third
 1602  or subsequent conviction, the offender is guilty of a felony of
 1603  the third degree, punishable as provided in s. 775.082, s.
 1604  775.083, or s. 775.084.
 1605         2.If the total amount stolen is $300 or more, but less
 1606  than $20,000, the offense is a felony of the third degree,
 1607  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1608         3.If the total amount stolen is $20,000 or more, but less
 1609  than $100,000, the offense is a felony of the second degree,
 1610  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1611         4.If the total amount stolen is $100,000 or more, the
 1612  offense is a felony of the first degree, punishable as provided
 1613  in s. 775.082, s. 775.083, or s. 775.084.
 1614         (e)A person convicted of an offense under paragraph (d)
 1615  shall be ordered by the sentencing judge to make restitution to
 1616  the organization in the amount that was stolen from the program.
 1617         (14)LIABILITY.—The state is not liable for the award or
 1618  any use of awarded funds under this section.
 1619         (15)SCOPE OF AUTHORITY.—This section does not expand the
 1620  regulatory authority of this state, its officers, or any school
 1621  district to impose additional regulation on participating
 1622  private schools beyond those reasonably necessary to enforce
 1623  requirements expressly set forth in this section.
 1624         (16)RULES.—The State Board of Education shall adopt rules
 1625  to administer this section.
 1626         Section 16. Present subsection (7) of section 1002.421,
 1627  Florida Statutes, is amended and redesignated as subsection
 1628  (11), a new subsection (7) and subsections (8), (9), and (10)
 1629  are added to that section, and subsection (1), paragraphs (h)
 1630  and (i) of subsection (2), and subsections (4) and (5) of that
 1631  section are amended, to read:
 1632         1002.421 Accountability of private schools participating in
 1633  state school choice scholarship programs.—
 1634         (1)(a) A Florida private school participating in the
 1635  Florida Tax Credit Scholarship Program established pursuant to
 1636  s. 1002.395 or an educational scholarship program established
 1637  pursuant to this chapter must comply with all requirements of
 1638  this section in addition to private school requirements outlined
 1639  in s. 1002.42, specific requirements identified within
 1640  respective scholarship program laws, and other provisions of
 1641  Florida law that apply to private schools.
 1642         (b) For purposes of this section, the term “owner or
 1643  operator” includes an owner, operator, superintendent, or
 1644  principal of an eligible private school or a person with
 1645  equivalent decisionmaking authority over an eligible private
 1646  school.
 1647         (2) A private school participating in a scholarship program
 1648  must be a Florida private school as defined in s. 1002.01(2),
 1649  must be registered in accordance with s. 1002.42, and must:
 1650         (h) Employ or contract with teachers who:
 1651         1. Unless otherwise specified under this paragraph, hold
 1652  baccalaureate or higher degrees, have at least 3 years of
 1653  teaching experience in public or private schools, or have
 1654  objectively identified special skills, knowledge, or expertise
 1655  that qualifies them to provide instruction in subjects taught.
 1656         2. Hold baccalaureate or higher degrees from a regionally
 1657  or nationally accredited college or university in the United
 1658  States or from a recognized college or university in another
 1659  country. This subparagraph applies to full-time teachers hired
 1660  after July 1, 2018, who are teaching students in grade 2 or
 1661  above.
 1662  
 1663  The private school must report to the department, in a format
 1664  developed by the department, the qualifications of each teacher
 1665  hired by the school, including, but not limited to, an
 1666  explanation of the objectively identified special skills or
 1667  expertise of such teachers, as applicable. Additionally, the
 1668  private school must provide to the parent of each scholarship
 1669  student, on the school’s website or on a written form provided
 1670  by the school, the qualifications of each classroom teacher.
 1671         (i) Require each employee and contracted personnel with
 1672  direct student contact, upon employment or engagement to provide
 1673  services, to undergo a state and national background screening,
 1674  pursuant to s. 943.0542, by electronically filing with the
 1675  Department of Law Enforcement a complete set of fingerprints
 1676  taken by an authorized law enforcement agency or an employee of
 1677  the private school, a school district, or a private company who
 1678  is trained to take fingerprints and deny employment to or
 1679  terminate an employee if he or she fails to meet the screening
 1680  standards under s. 435.04. Results of the screening shall be
 1681  provided to the participating private school. For purposes of
 1682  this paragraph:
 1683         1. An “employee or contracted personnel with direct student
 1684  contact” means any employee or contracted personnel who has
 1685  unsupervised access to a scholarship student for whom the
 1686  private school is responsible.
 1687         2. The costs of fingerprinting and the background check
 1688  shall not be borne by the state.
 1689         3. Continued employment of an employee or contracted
 1690  personnel after notification that he or she has failed the
 1691  background screening under this paragraph shall cause a private
 1692  school to be ineligible for participation in a scholarship
 1693  program.
 1694         4. An employee or contracted personnel holding a valid
 1695  Florida teaching certificate who has been fingerprinted pursuant
 1696  to s. 1012.32 and who is not ineligible for employment pursuant
 1697  to s. 1012.315 is not required to comply with the provisions of
 1698  this paragraph.
 1699         (4) A private school that accepts scholarship students
 1700  under this chapter s. 1002.39 or s. 1002.395 must:
 1701         (a) Disqualify instructional personnel and school
 1702  administrators, as defined in s. 1012.01, from employment in any
 1703  position that requires direct contact with students if the
 1704  personnel or administrators are ineligible for such employment
 1705  under s. 1012.315.
 1706         (b) Adopt and faithfully implement policies establishing
 1707  standards of ethical conduct for instructional personnel and
 1708  school administrators. The policies must require all
 1709  instructional personnel and school administrators, as defined in
 1710  s. 1012.01, to complete training on the standards; establish the
 1711  duty of instructional personnel and school administrators to
 1712  report, and procedures for reporting, alleged misconduct by
 1713  other instructional personnel and school administrators which
 1714  affects the health, safety, or welfare of a student; and include
 1715  an explanation of the liability protections provided under ss.
 1716  39.203 and 768.095. A private school, or any of its employees,
 1717  may not enter into a confidentiality agreement regarding
 1718  terminated or dismissed instructional personnel or school
 1719  administrators, or personnel or administrators who resign in
 1720  lieu of termination, based in whole or in part on misconduct
 1721  that affects the health, safety, or welfare of a student, and
 1722  may not provide the instructional personnel or school
 1723  administrators with employment references or discuss the
 1724  personnel’s or administrators’ performance with prospective
 1725  employers in another educational setting, without disclosing the
 1726  personnel’s or administrators’ misconduct. Any part of an
 1727  agreement or contract that has the purpose or effect of
 1728  concealing misconduct by instructional personnel or school
 1729  administrators which affects the health, safety, or welfare of a
 1730  student is void, is contrary to public policy, and may not be
 1731  enforced.
 1732         (c) Before employing instructional personnel or school
 1733  administrators in any position that requires direct contact with
 1734  students, conduct employment history checks of each of the
 1735  personnel’s or administrators’ previous employers, screen the
 1736  personnel or administrators through use of the educator
 1737  screening tools described in s. 1001.10(5), and document the
 1738  findings. If unable to contact a previous employer, the private
 1739  school must document efforts to contact the employer.
 1740  
 1741  The department shall suspend the payment of funds under this
 1742  chapter ss. 1002.39 and 1002.395 to a private school that
 1743  knowingly fails or refuses to comply with this subsection, and
 1744  shall prohibit the school from enrolling new scholarship
 1745  students, for 1 fiscal year and until the school complies.
 1746         (5) The failure or refusal inability of a private school to
 1747  meet the requirements of this section shall constitute a basis
 1748  for the ineligibility of the private school to participate in a
 1749  scholarship program as determined by the department.
 1750  Additionally, a private school is ineligible to participate in a
 1751  state scholarship program under this chapter if the owner or
 1752  operator of the private school was a debtor in a voluntary or
 1753  involuntary bankruptcy petition within the most recent 5 years.
 1754         (7)(a)The department must annually visit at least 5
 1755  percent, and may annually visit up to 7 percent, of the private
 1756  schools that participate in the state scholarship programs under
 1757  this chapter. Site visits required under subsection (8) are not
 1758  included in the annual site visits authorized under this
 1759  paragraph.
 1760         (b) The purposes of the site visits are to verify
 1761  compliance with the provisions of this section aimed at
 1762  protecting the health, safety, and welfare of students and to
 1763  verify the information reported by the schools concerning the
 1764  enrollment and attendance of students, the credentials of
 1765  teachers, background screening of teachers, and teachers’
 1766  fingerprinting results, as required by rules of the State Board
 1767  of Education and this section.
 1768         (c) The department may make followup site visits at any
 1769  time to any school that has received a notice of noncompliance
 1770  or a notice of proposed action within the previous 2 years, or
 1771  for a cause that affects the health, safety, and welfare of a
 1772  student.
 1773         (8)(a)The department shall visit each private school that
 1774  notifies the department of the school’s intent to participate in
 1775  a state scholarship program under this chapter.
 1776         (b) The purpose of the site visit is to determine that the
 1777  school meets the applicable state and local health, safety, and
 1778  welfare codes and rules pursuant to this section.
 1779         (9) The Division of State Fire Marshal shall annually
 1780  provide to the department a fire safety inspection report,
 1781  prepared by the local fire departments or by entities with whom
 1782  they contract to perform fire safety inspections of private
 1783  schools, for each private school that participates in a state
 1784  scholarship program under this chapter.
 1785         (10) If a private school that participates in a state
 1786  scholarship program under this chapter receives more than
 1787  $250,000 in funds from the scholarships awarded under this
 1788  chapter in a state fiscal year, the school must provide to the
 1789  department a report of the balance sheet and statement of income
 1790  expenditures in accordance with generally accepted accounting
 1791  procedures from an independent certified public accountant who
 1792  performs the agreed-upon procedures.
 1793         (11)(7) The State Board of Education shall adopt rules
 1794  pursuant to ss. 120.536(1) and 120.54 to administer and enforce
 1795  this section.
 1796         Section 17. Section 1002.43, Florida Statutes, is repealed.
 1797         Section 18. Subsection (13) of section 1003.01, Florida
 1798  Statutes, is amended to read:
 1799         1003.01 Definitions.—As used in this chapter, the term:
 1800         (13) “Regular school attendance” means the actual
 1801  attendance of a student during the school day as defined by law
 1802  and rules of the State Board of Education. Regular attendance
 1803  within the intent of s. 1003.21 may be achieved by a student’s
 1804  full-time attendance in one of the following options:
 1805         (a) A public school supported by public funds, including,
 1806  but not limited to, the Florida School for the Deaf and the
 1807  Blind, the Florida Virtual School, a developmental research
 1808  school, and a charter school established pursuant to chapter
 1809  1002.;
 1810         (b) A parochial, religious, or denominational school;
 1811         (b)(c) A private school, as defined in s. 1002.01(2) and in
 1812  compliance with s. 1002.42, including, but not limited to, a
 1813  private parochial, religious, or denominational school; and a
 1814  private school supported in whole or in part by tuition charges
 1815  or by endowments or gifts. This option includes an eligible
 1816  private school in which a student attends as a participant in a
 1817  scholarship program, as defined in s. 1002.01(3).;
 1818         (c)(d) A home education program, as defined in s.
 1819  1002.01(1), which that meets the requirements of chapter 1002.;
 1820  or
 1821         (e) A private tutoring program that meets the requirements
 1822  of chapter 1002.
 1823         Section 19. Paragraph (f) of subsection (1) of section
 1824  1003.26, Florida Statutes, is amended to read:
 1825         1003.26 Enforcement of school attendance.—The Legislature
 1826  finds that poor academic performance is associated with
 1827  nonattendance and that school districts must take an active role
 1828  in promoting and enforcing attendance as a means of improving
 1829  student performance. It is the policy of the state that each
 1830  district school superintendent be responsible for enforcing
 1831  school attendance of all students subject to the compulsory
 1832  school age in the school district and supporting enforcement of
 1833  school attendance by local law enforcement agencies. The
 1834  responsibility includes recommending policies and procedures to
 1835  the district school board that require public schools to respond
 1836  in a timely manner to every unexcused absence, and every absence
 1837  for which the reason is unknown, of students enrolled in the
 1838  schools. District school board policies shall require the parent
 1839  of a student to justify each absence of the student, and that
 1840  justification will be evaluated based on adopted district school
 1841  board policies that define excused and unexcused absences. The
 1842  policies must provide that public schools track excused and
 1843  unexcused absences and contact the home in the case of an
 1844  unexcused absence from school, or an absence from school for
 1845  which the reason is unknown, to prevent the development of
 1846  patterns of nonattendance. The Legislature finds that early
 1847  intervention in school attendance is the most effective way of
 1848  producing good attendance habits that will lead to improved
 1849  student learning and achievement. Each public school shall
 1850  implement the following steps to promote and enforce regular
 1851  school attendance:
 1852         (1) CONTACT, REFER, AND ENFORCE.—
 1853         (f)1. If the parent of a child who has been identified as
 1854  exhibiting a pattern of nonattendance enrolls the child in a
 1855  home education program pursuant to chapter 1002, the district
 1856  school superintendent shall provide the parent a copy of s.
 1857  1002.41 and the accountability requirements of this paragraph.
 1858  The district school superintendent shall also refer the parent
 1859  to a home education review committee composed of the district
 1860  contact for home education programs and at least two home
 1861  educators selected by the parent from a district list of all
 1862  home educators who have conducted a home education program for
 1863  at least 3 years and who have indicated a willingness to serve
 1864  on the committee. The home education review committee shall
 1865  review the portfolio of the student, as defined by s. 1002.41,
 1866  every 30 days during the district’s regular school terms until
 1867  the committee is satisfied that the home education program is in
 1868  compliance with s. 1002.41(1)(b). The first portfolio review
 1869  must occur within the first 30 calendar days of the
 1870  establishment of the program. The provisions of subparagraph 2.
 1871  do not apply once the committee determines the home education
 1872  program is in compliance with s. 1002.41(1)(b).
 1873         2. If the parent fails to provide a portfolio to the
 1874  committee, the committee shall notify the district school
 1875  superintendent. The district school superintendent shall then
 1876  terminate the home education program and require the parent to
 1877  enroll the child in an attendance option that meets the
 1878  definition of “regular school attendance” under s.
 1879  1003.01(13)(a) or (b) s. 1003.01(13)(a), (b), (c), or (e),
 1880  within 3 days. Upon termination of a home education program
 1881  pursuant to this subparagraph, the parent shall not be eligible
 1882  to reenroll the child in a home education program for 180
 1883  calendar days. Failure of a parent to enroll the child in an
 1884  attendance option as required by this subparagraph after
 1885  termination of the home education program pursuant to this
 1886  subparagraph shall constitute noncompliance with the compulsory
 1887  attendance requirements of s. 1003.21 and may result in criminal
 1888  prosecution under s. 1003.27(2). Nothing contained herein shall
 1889  restrict the ability of the district school superintendent, or
 1890  the ability of his or her designee, to review the portfolio
 1891  pursuant to s. 1002.41(1)(b).
 1892         Section 20. Paragraph (d) of subsection (2) of section
 1893  1003.41, Florida Statutes, is amended and paragraph (f) is added
 1894  to that subsection, to read:
 1895         1003.41 Next Generation Sunshine State Standards.—
 1896         (2) Next Generation Sunshine State Standards must meet the
 1897  following requirements:
 1898         (d) Social Studies standards must establish specific
 1899  curricular content for, at a minimum, geography, United States
 1900  and world history, government, civics, humanities, and
 1901  economics, including financial literacy. Financial literacy
 1902  includes the knowledge, understanding, skills, behaviors,
 1903  attitudes, and values that will enable a student to make
 1904  responsible and effective financial decisions on a daily basis.
 1905  Financial literacy instruction shall be an integral part of
 1906  instruction throughout the entire economics course and include
 1907  information regarding earning income; buying goods and services;
 1908  saving and financial investing; taxes; the use of credit and
 1909  credit cards; budgeting and debt management, including student
 1910  loans and secured loans; banking and financial services;
 1911  planning for one’s financial future, including higher education
 1912  and career planning; credit reports and scores; and fraud and
 1913  identity theft prevention. The requirements for financial
 1914  literacy specified under this paragraph do not apply to students
 1915  entering grade 9 in the 2018-2019 school year and thereafter.
 1916         (f) Effective for students entering grade 9 in the 2018
 1917  2019 school year and thereafter, financial literacy standards
 1918  must establish specific curricular content for, at a minimum,
 1919  personal financial literacy and money management. Financial
 1920  literacy includes instruction in the areas specified in s.
 1921  1003.4282(3)(h).
 1922         Section 21. Paragraphs (d) and (g) of subsection (3) of
 1923  section 1003.4282, Florida Statutes, are amended, and paragraph
 1924  (h) is added to that subsection, to read:
 1925         1003.4282 Requirements for a standard high school diploma.—
 1926         (3) STANDARD HIGH SCHOOL DIPLOMA; COURSE AND ASSESSMENT
 1927  REQUIREMENTS.—
 1928         (d) Three credits in social studies.—A student must earn
 1929  one credit in United States History; one credit in World
 1930  History; one-half credit in economics, which must include
 1931  financial literacy; and one-half credit in United States
 1932  Government. The United States History EOC assessment constitutes
 1933  30 percent of the student’s final course grade. However, for a
 1934  student entering grade 9 in the 2018-2019 school year or
 1935  thereafter, financial literacy is not a required component of
 1936  the one-half credit in economics.
 1937         (g) Eight Credits in Electives.—School districts must
 1938  develop and offer coordinated electives so that a student may
 1939  develop knowledge and skills in his or her area of interest,
 1940  such as electives with a STEM or liberal arts focus. Such
 1941  electives must include opportunities for students to earn
 1942  college credit, including industry-certified career education
 1943  programs or series of career-themed courses that result in
 1944  industry certification or articulate into the award of college
 1945  credit, or career education courses for which there is a
 1946  statewide or local articulation agreement and which lead to
 1947  college credit. A student entering grade 9 before the 2018-2019
 1948  school year must earn eight credits in electives. A student
 1949  entering grade 9 in the 2018-2019 school year or thereafter must
 1950  earn seven and one-half credits in electives.
 1951         (h) One-half credit in personal financial literacy.
 1952  Beginning with students entering grade 9 in the 2018-2019 school
 1953  year, each student shall earn one-half credit in personal
 1954  financial literacy and money management. This instruction must
 1955  include discussion of or instruction in the following:
 1956         1. Types of bank accounts offered, opening and managing a
 1957  bank account, and assessing the quality of a depository
 1958  institution’s services.
 1959         2. Balancing a checkbook.
 1960         3. Basic principles of money management, such as spending,
 1961  credit, credit scores, and managing debt, including retail and
 1962  credit card debt.
 1963         4. Completing a loan application.
 1964         5. Receiving an inheritance and related implications.
 1965         6. Basic principles of personal insurance policies.
 1966         7. Computing federal income taxes.
 1967         8. Local tax assessments.
 1968         9. Computing interest rates by various mechanisms.
 1969         10. Simple contracts.
 1970         11. Contesting an incorrect billing statement.
 1971         12. Types of savings and investments.
 1972         13. State and federal laws concerning finance.
 1973         Section 22. Section 1006.061, Florida Statutes, is amended
 1974  to read:
 1975         1006.061 Child abuse, abandonment, and neglect policy.—Each
 1976  district school board, charter school, and private school that
 1977  accepts scholarship students under s. 1002.385, s. 1002.39, or
 1978  s. 1002.395, or another state scholarship program under chapter
 1979  1002 shall:
 1980         (1) Post in a prominent place in each school a notice that,
 1981  pursuant to chapter 39, all employees and agents of the district
 1982  school board, charter school, or private school have an
 1983  affirmative duty to report all actual or suspected cases of
 1984  child abuse, abandonment, or neglect; have immunity from
 1985  liability if they report such cases in good faith; and have a
 1986  duty to comply with child protective investigations and all
 1987  other provisions of law relating to child abuse, abandonment,
 1988  and neglect. The notice shall also include the statewide toll
 1989  free telephone number of the central abuse hotline.
 1990         (2) Post in a prominent place at each school site and on
 1991  each school’s Internet website, if available, the policies and
 1992  procedures for reporting alleged misconduct by instructional
 1993  personnel or school administrators which affects the health,
 1994  safety, or welfare of a student; the contact person to whom the
 1995  report is made; and the penalties imposed on instructional
 1996  personnel or school administrators who fail to report suspected
 1997  or actual child abuse or alleged misconduct by other
 1998  instructional personnel or school administrators.
 1999         (3) Require the principal of the charter school or private
 2000  school, or the district school superintendent, or the
 2001  superintendent’s designee, at the request of the Department of
 2002  Children and Families, to act as a liaison to the Department of
 2003  Children and Families and the child protection team, as defined
 2004  in s. 39.01, when in a case of suspected child abuse,
 2005  abandonment, or neglect or an unlawful sexual offense involving
 2006  a child the case is referred to such a team; except that this
 2007  does not relieve or restrict the Department of Children and
 2008  Families from discharging its duty and responsibility under the
 2009  law to investigate and report every suspected or actual case of
 2010  child abuse, abandonment, or neglect or unlawful sexual offense
 2011  involving a child.
 2012         (4)(a) Post in a prominent place in a clearly visible
 2013  location and public area of the school which is readily
 2014  accessible to and widely used by students a sign in English and
 2015  Spanish that contains:
 2016         1. The statewide toll-free telephone number of the central
 2017  abuse hotline as provided in chapter 39;
 2018         2. Instructions to call 911 for emergencies; and
 2019         3. Directions for accessing the Department of Children and
 2020  Families Internet website for more information on reporting
 2021  abuse, neglect, and exploitation.
 2022         (b) The information in paragraph (a) must be put on at
 2023  least one poster in each school, on a sheet that measures at
 2024  least 11 inches by 17 inches, produced in large print, and
 2025  placed at student eye level for easy viewing.
 2026  
 2027  The Department of Education shall develop, and publish on the
 2028  department’s Internet website, sample notices suitable for
 2029  posting in accordance with subsections (1), (2), and (4).
 2030         Section 23. Section 1007.273, Florida Statutes, is amended
 2031  to read:
 2032         1007.273 Structured high school acceleration programs
 2033  Collegiate high school program.—
 2034         (1) Each Florida College System institution shall work with
 2035  each district school board in its designated service area to
 2036  establish one or more structured programs, including, but not
 2037  limited to, collegiate high school programs. As used in this
 2038  section, the term “structured program” means a structured high
 2039  school acceleration program.
 2040         (1)(2)PURPOSE.—At a minimum, structured collegiate high
 2041  school programs must include an option for public school
 2042  students in grade 11 or grade 12 participating in the structured
 2043  program, for at least 1 full school year, to earn CAPE industry
 2044  certifications pursuant to s. 1008.44, and to successfully
 2045  complete at least 30 credit hours through the dual enrollment
 2046  program under s. 1007.271. The structured program must
 2047  prioritize dual enrollment courses that are applicable toward
 2048  general education core courses or common prerequisite course
 2049  requirements under s. 1007.25 over dual enrollment courses
 2050  applicable as electives toward at least the first year of
 2051  college for an associate degree or baccalaureate degree while
 2052  enrolled in the structured program. A district school board may
 2053  not limit the number of eligible public school students who may
 2054  enroll in such structured programs.
 2055         (2)(3)REQUIRED STRUCTURED PROGRAM CONTRACTS.—
 2056         (a) Each district school board and its local Florida
 2057  College System institution shall execute a contract to establish
 2058  one or more structured collegiate high school programs at a
 2059  mutually agreed upon location or locations. Beginning with the
 2060  2015-2016 school year, If the local Florida College System
 2061  institution does not establish a structured program with a
 2062  district school board in its designated service area, another
 2063  Florida College System institution may execute a contract with
 2064  that district school board to establish the structured program.
 2065  The contract must be executed by January 1 of each school year
 2066  for implementation of the structured program during the next
 2067  school year. By August 1, 2018, a contract entered into before
 2068  January 1, 2018, for the 2018-2019 school year must be modified
 2069  to include the provisions of paragraph (b).
 2070         (b) The contract must:
 2071         1.(a) Identify the grade levels to be included in the
 2072  structured collegiate high school program; which must, at a
 2073  minimum, include grade 12.
 2074         2.(b) Describe the structured collegiate high school
 2075  program, including a list of the meta-major academic pathways
 2076  approved pursuant to s. 1008.30(4), which are available to
 2077  participating students through the partner Florida College
 2078  System institution or other eligible partner postsecondary
 2079  institutions; the delineation of courses that must, at a
 2080  minimum, include general education core courses and common
 2081  prerequisite course requirements pursuant to s. 1007.25; and
 2082  industry certifications offered, including online course
 2083  availability; the high school and college credits earned for
 2084  each postsecondary course completed and industry certification
 2085  earned; student eligibility criteria; and the enrollment process
 2086  and relevant deadlines;.
 2087         3.(c) Describe the methods, medium, and process by which
 2088  students and their parents are annually informed about the
 2089  availability of the structured collegiate high school program,
 2090  the return on investment associated with participation in the
 2091  structured program, and the information described in
 2092  subparagraphs 1. and 2.; paragraphs (a) and (b).
 2093         4.(d) Identify the delivery methods for instruction and the
 2094  instructors for all courses;.
 2095         5.(e) Identify student advising services and progress
 2096  monitoring mechanisms;.
 2097         6.(f) Establish a program review and reporting mechanism
 2098  regarding student performance outcomes; and.
 2099         7.(g) Describe the terms of funding arrangements to
 2100  implement the structured collegiate high school program pursuant
 2101  to paragraph (5)(a).
 2102         (3) STUDENT PERFORMANCE CONTRACT AND NOTIFICATION.—
 2103         (a)(4) Each student participating in a structured
 2104  collegiate high school program must enter into a student
 2105  performance contract which must be signed by the student, the
 2106  parent, and a representative of the school district and the
 2107  applicable Florida College System institution, state university,
 2108  or other institution participating pursuant to subsection (4)
 2109  (5). The performance contract must, at a minimum, specify
 2110  include the schedule of courses, by semester, and industry
 2111  certifications to be taken by the student, if any; student
 2112  attendance requirements;, and course grade requirements; and the
 2113  applicability of such courses to an associate degree or a
 2114  baccalaureate degree.
 2115         (b) By September 1 of each school year, each district
 2116  school board must notify each student enrolled in grades 9, 10,
 2117  11, and 12 in a public school within the school district about
 2118  the structured program, including, but not limited to:
 2119         1. The method for earning college credit through
 2120  participation in the structured program. The notification must
 2121  include website links to the dual enrollment course equivalency
 2122  list approved by the State Board of Education; the common degree
 2123  program prerequisite requirements published by the Articulation
 2124  Coordinating Committee pursuant to s. 1007.01(3)(f); the
 2125  industry certification articulation agreements adopted by the
 2126  State Board of Education in rule; and the approved meta-major
 2127  academic pathways of the partner Florida College System
 2128  institution and other eligible partner postsecondary
 2129  institutions participating pursuant to subsection (4); and
 2130         2. The estimated cost savings to students and their
 2131  families resulting from students successfully completing 30
 2132  credit hours applicable toward general education core courses or
 2133  common prerequisite course requirements before graduating from
 2134  high school versus the cost of earning such credit hours after
 2135  graduating from high school.
 2136         (4)(5)AUTHORIZED STRUCTURED PROGRAM CONTRACTS.—In addition
 2137  to executing a contract with the local Florida College System
 2138  institution under this section, a district school board may
 2139  execute a contract to establish a structured collegiate high
 2140  school program with a state university or an institution that is
 2141  eligible to participate in the William L. Boyd, IV, Florida
 2142  Resident Access Grant Program, that is a nonprofit independent
 2143  college or university located and chartered in this state, and
 2144  that is accredited by the Commission on Colleges of the Southern
 2145  Association of Colleges and Schools to grant baccalaureate
 2146  degrees. Such university or institution must meet the
 2147  requirements specified under subsections (2) (3) and (3). A
 2148  charter school may execute a contract directly with the local
 2149  Florida College System institution or another institution as
 2150  authorized under this section to establish a structured program
 2151  at a mutually agreed upon location (4).
 2152         (5) FUNDING.—
 2153         (a)(6) The structured collegiate high school program shall
 2154  be funded pursuant to ss. 1007.271 and 1011.62. The State Board
 2155  of Education shall enforce compliance with this section by
 2156  withholding the transfer of funds for the school districts and
 2157  the Florida College System institutions in accordance with s.
 2158  1008.32. Annually, by December 31, the State Board of Education
 2159  shall enforce compliance with this section by withholding the
 2160  transfer of funds for the Florida College System institutions in
 2161  accordance with s. 1008.32
 2162         (b) A student who enrolls in the structured program and
 2163  successfully completes at least 30 college credit hours during a
 2164  school year through the dual enrollment program under s.
 2165  1007.271 generates a 0.5 full-time equivalent (FTE) bonus. A
 2166  student who enrolls in the structured program and successfully
 2167  completes an additional 30 college credit hours during a school
 2168  year, resulting in at least 60 college credit hours through the
 2169  dual enrollment program under s. 1007.271 applicable toward
 2170  fulfilling the requirements for an associate in arts degree or
 2171  an associate in science degree or a baccalaureate degree
 2172  pursuant to the student performance contract under subsection
 2173  (3), before graduating from high school, generates an additional
 2174  0.5 FTE bonus. Each district school board that is a contractual
 2175  partner with a Florida College System institution or other
 2176  eligible postsecondary institution shall report to the
 2177  commissioner the total FTE bonus for each structured program for
 2178  the students from that school district. The total FTE bonus
 2179  shall be added to each school district’s total weighted FTE for
 2180  funding in the subsequent fiscal year.
 2181         (c) For any industry certification a student attains under
 2182  this section, the FTE bonus shall be calculated and awarded in
 2183  accordance with s. 1011.62(1)(o).
 2184         (6) REPORTING REQUIREMENTS.—
 2185         (a) By September 1 of each school year, each district
 2186  school superintendent shall report to the commissioner, at a
 2187  minimum, the following information on each structured program
 2188  administered during the prior school year:
 2189         1. The number of students in public schools within the
 2190  school district who enrolled in the structured program, and the
 2191  partnering postsecondary institutions pursuant to subsections
 2192  (2) and (4);
 2193         2. The total and average number of dual enrollment courses
 2194  completed, high school and college credits earned, standard high
 2195  school diplomas and associate and baccalaureate degrees awarded,
 2196  and the number of industry certifications attained, if any, by
 2197  the students who enrolled in the structured program;
 2198         3. The projected student enrollment in the structured
 2199  program during the next school year; and
 2200         4. Any barriers to executing contracts to establish one or
 2201  more structured programs.
 2202         (b) By November 30 of each school year, the commissioner
 2203  must report to the Governor, the President of the Senate, and
 2204  the Speaker of the House of Representatives the status of
 2205  structured programs, including, at a minimum, a summary of
 2206  student enrollment and completion information pursuant to this
 2207  subsection; barriers, if any, to establishing such programs; and
 2208  recommendations for expanding access to such programs statewide.
 2209         Section 24. Paragraph (c) of subsection (3) and subsection
 2210  (4) of section 1008.33, Florida Statutes, are amended to read:
 2211         1008.33 Authority to enforce public school improvement.—
 2212         (3)
 2213         (c) The state board shall adopt by rule a differentiated
 2214  matrix of intervention and support strategies for assisting
 2215  traditional public schools identified under this section and
 2216  rules for implementing s. 1002.33(9)(n), relating to charter
 2217  schools.
 2218         1. The intervention and support strategies must address
 2219  efforts to improve student performance through one or more of
 2220  the following strategies: and may include
 2221         a. Improvement planning;
 2222         b. Leadership quality improvement;
 2223         c. Educator quality improvement;
 2224         d. Professional development;
 2225         e. Curriculum review, pacing, and alignment across grade
 2226  levels to improve background knowledge in social studies,
 2227  science, and the arts; and
 2228         f. The use of continuous improvement and monitoring plans
 2229  and processes.
 2230         2.In addition, The state board may prescribe reporting
 2231  requirements to review and monitor the progress of the schools.
 2232  The rule must define the intervention and support strategies for
 2233  school improvement for schools earning a grade of “D” or “F” and
 2234  the roles for the district and department.
 2235         (4)(a) The state board shall apply intensive intervention
 2236  and support strategies tailored to the needs of schools earning
 2237  two consecutive grades of “D” or a grade of “F.” In the first
 2238  full school year after a school initially earns two consecutive
 2239  grades of “D” or a grade of “F,” the school district must
 2240  immediately implement intervention and support strategies
 2241  prescribed in rule under paragraph (3)(c) and, by September 1,
 2242  provide the department with the memorandum of understanding
 2243  negotiated pursuant to s. 1001.42(21) and, by October 1, a
 2244  district-managed turnaround plan for approval by the state
 2245  board. The district-managed turnaround plan may include a
 2246  proposal for the district to implement an extended school day, a
 2247  summer program, or a combination of an extended school day and
 2248  summer program. Upon approval by the state board, the school
 2249  district must implement the plan for the remainder of the school
 2250  year and continue the plan for 1 full school year. The state
 2251  board may allow a school an additional year of implementation
 2252  before the school must implement a turnaround option required
 2253  under paragraph (b) if it determines that the school is likely
 2254  to improve to a grade of “C” or higher after the first full
 2255  school year of implementation.
 2256         (b) Unless an additional year of implementation is provided
 2257  pursuant to paragraph (a), a school that has completed 2 school
 2258  years of a district-managed turnaround plan required under
 2259  paragraph (a) and has not improved its school grade to a “C” or
 2260  higher, pursuant to s. 1008.34, earns three consecutive grades
 2261  below a “C” must implement one of the following options:
 2262         1. Reassign students to another school and monitor the
 2263  progress of each reassigned student.;
 2264         2. Close the school and reopen the school as one or more
 2265  charter schools, each with a governing board that has a
 2266  demonstrated record of effectiveness. Such charter schools are
 2267  eligible for funding from the hope supplemental services
 2268  allocation established by s. 1011.62(16).; or
 2269         3. Contract with an outside entity that has a demonstrated
 2270  record of effectiveness to operate the school. An outside entity
 2271  may include:
 2272         a. A district-managed charter school in which all
 2273  instructional personnel are not employees of the school
 2274  district, but are employees of an independent governing board
 2275  composed of members who did not participate in the review or
 2276  approval of the charter. A district-managed charter school is
 2277  eligible for funding from the hope supplemental services
 2278  allocation established by s. 1011.62(16); or
 2279         b. A hope operator that submits to a school district a
 2280  notice of intent of a performance-based agreement pursuant to s.
 2281  1002.333. A school of hope established pursuant to this sub
 2282  subparagraph is eligible for funding from the hope supplemental
 2283  services allocation for up to 5 years, beginning in the school
 2284  year in which the school of hope is established, if the school
 2285  of hope:
 2286         (I) Is established at the district-owned facilities of the
 2287  persistently low-performing school;
 2288         (II) Gives priority enrollment to students who are enrolled
 2289  in, or are eligible to attend and are living in the attendance
 2290  area of, the persistently low-performing school that the school
 2291  of hope operates, consistent with the enrollment lottery
 2292  exemption provided under s. 1002.333(5)(c); and
 2293         (III) Meets the requirements of its performance-based
 2294  agreement pursuant to s. 1002.333.
 2295         4. Implement a franchise model school in which a highly
 2296  effective principal, pursuant to s. 1012.34, leads the
 2297  persistently low-performing school in addition to the
 2298  principal’s currently assigned school. The franchise model
 2299  school principal may allocate resources and personnel between
 2300  the schools he or she leads. The persistently low-performing
 2301  school is eligible for funding from the hope supplemental
 2302  services allocation established under s. 1011.62(16).
 2303         (c) Implementation of the turnaround option is no longer
 2304  required if the school improves to a grade of “C” or higher.
 2305         (d) If a school earning two consecutive grades of “D” or a
 2306  grade of “F” does not improve to a grade of “C” or higher after
 2307  2 full school years of implementing the turnaround option
 2308  selected by the school district under paragraph (b), the school
 2309  district must implement another turnaround option.
 2310  Implementation of the turnaround option must begin the school
 2311  year following the implementation period of the existing
 2312  turnaround option, unless the state board determines that the
 2313  school is likely to improve to a grade of “C” or higher if
 2314  additional time is provided to implement the existing turnaround
 2315  option.
 2316         Section 25. Present subsections (16) and (17) of section
 2317  1011.62, Florida Statutes, are redesignated as subsections (19)
 2318  and (20), respectively, new subsections (16) and (17) and
 2319  subsection (18) are added to that section, and paragraph (a) of
 2320  subsection (4) and subsection (14) of that section are amended,
 2321  to read:
 2322         1011.62 Funds for operation of schools.—If the annual
 2323  allocation from the Florida Education Finance Program to each
 2324  district for operation of schools is not determined in the
 2325  annual appropriations act or the substantive bill implementing
 2326  the annual appropriations act, it shall be determined as
 2327  follows:
 2328         (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
 2329  Legislature shall prescribe the aggregate required local effort
 2330  for all school districts collectively as an item in the General
 2331  Appropriations Act for each fiscal year. The amount that each
 2332  district shall provide annually toward the cost of the Florida
 2333  Education Finance Program for kindergarten through grade 12
 2334  programs shall be calculated as follows:
 2335         (a) Estimated taxable value calculations.—
 2336         1.a. Not later than 2 working days before July 19, the
 2337  Department of Revenue shall certify to the Commissioner of
 2338  Education its most recent estimate of the taxable value for
 2339  school purposes in each school district and the total for all
 2340  school districts in the state for the current calendar year
 2341  based on the latest available data obtained from the local
 2342  property appraisers. The value certified shall be the taxable
 2343  value for school purposes for that year, and no further
 2344  adjustments shall be made, except those made pursuant to
 2345  paragraphs (c) and (d), or an assessment roll change required by
 2346  final judicial decisions as specified in paragraph (19)(b)
 2347  (16)(b). Not later than July 19, the Commissioner of Education
 2348  shall compute a millage rate, rounded to the next highest one
 2349  one-thousandth of a mill, which, when applied to 96 percent of
 2350  the estimated state total taxable value for school purposes,
 2351  would generate the prescribed aggregate required local effort
 2352  for that year for all districts. The Commissioner of Education
 2353  shall certify to each district school board the millage rate,
 2354  computed as prescribed in this subparagraph, as the minimum
 2355  millage rate necessary to provide the district required local
 2356  effort for that year.
 2357         b. The General Appropriations Act shall direct the
 2358  computation of the statewide adjusted aggregate amount for
 2359  required local effort for all school districts collectively from
 2360  ad valorem taxes to ensure that no school district’s revenue
 2361  from required local effort millage will produce more than 90
 2362  percent of the district’s total Florida Education Finance
 2363  Program calculation as calculated and adopted by the
 2364  Legislature, and the adjustment of the required local effort
 2365  millage rate of each district that produces more than 90 percent
 2366  of its total Florida Education Finance Program entitlement to a
 2367  level that will produce only 90 percent of its total Florida
 2368  Education Finance Program entitlement in the July calculation.
 2369         2. On the same date as the certification in sub
 2370  subparagraph 1.a., the Department of Revenue shall certify to
 2371  the Commissioner of Education for each district:
 2372         a. Each year for which the property appraiser has certified
 2373  the taxable value pursuant to s. 193.122(2) or (3), if
 2374  applicable, since the prior certification under sub-subparagraph
 2375  1.a.
 2376         b. For each year identified in sub-subparagraph a., the
 2377  taxable value certified by the appraiser pursuant to s.
 2378  193.122(2) or (3), if applicable, since the prior certification
 2379  under sub-subparagraph 1.a. This is the certification that
 2380  reflects all final administrative actions of the value
 2381  adjustment board.
 2382         (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may
 2383  annually in the General Appropriations Act determine a
 2384  percentage increase in funds per K-12 unweighted FTE as a
 2385  minimum guarantee to each school district. The guarantee shall
 2386  be calculated from prior year base funding per unweighted FTE
 2387  student which shall include the adjusted FTE dollars as provided
 2388  in subsection (19) (16), quality guarantee funds, and actual
 2389  nonvoted discretionary local effort from taxes. From the base
 2390  funding per unweighted FTE, the increase shall be calculated for
 2391  the current year. The current year funds from which the
 2392  guarantee shall be determined shall include the adjusted FTE
 2393  dollars as provided in subsection (19) (16) and potential
 2394  nonvoted discretionary local effort from taxes. A comparison of
 2395  current year funds per unweighted FTE to prior year funds per
 2396  unweighted FTE shall be computed. For those school districts
 2397  which have less than the legislatively assigned percentage
 2398  increase, funds shall be provided to guarantee the assigned
 2399  percentage increase in funds per unweighted FTE student. Should
 2400  appropriated funds be less than the sum of this calculated
 2401  amount for all districts, the commissioner shall prorate each
 2402  district’s allocation. This provision shall be implemented to
 2403  the extent specifically funded.
 2404         (16) HOPE SUPPLEMENTAL SERVICES ALLOCATION.-The hope
 2405  supplemental services allocation is created to provide district
 2406  managed turnaround schools, as required under s. 1008.33(4)(a),
 2407  charter schools authorized under s. 1008.33(4)(b)2., district
 2408  managed charter schools authorized under s. 1008.33(4)(b)3.a.,
 2409  schools of hope authorized under s. 1008.33(4)(b)3.b., and
 2410  franchise model schools as authorized under s. 1008.33(4)(b)4.,
 2411  with funds to offer services designed to improve the overall
 2412  academic and community welfare of the schools’ students and
 2413  their families.
 2414         (a) Services funded by the allocation may include, but are
 2415  not limited to, tutorial and after-school programs, student
 2416  counseling, nutrition education, and parental counseling. In
 2417  addition, services may also include models that develop a
 2418  culture that encourages students to complete high school and to
 2419  attend college or career training, set high academic
 2420  expectations, inspire character development, and include an
 2421  extended school day and school year.
 2422         (b) Prior to distribution of the allocation, a school
 2423  district, for a district turnaround school and persistently low
 2424  performing schools that use a franchise model; a hope operator,
 2425  for a school of hope; or the charter school governing board for
 2426  a charter school, as applicable, shall develop and submit a plan
 2427  for implementation to its respective governing body for approval
 2428  no later than August 1 of the fiscal year.
 2429         (c) At a minimum, the plans required under paragraph (b)
 2430  must:
 2431         1. Establish comprehensive support services that develop
 2432  family and community partnerships;
 2433         2. Establish clearly defined and measurable high academic
 2434  and character standards;
 2435         3. Increase parental involvement and engagement in the
 2436  child’s education;
 2437         4. Describe how instructional personnel will be identified,
 2438  recruited, retained, and rewarded;
 2439         5. Provide professional development that focuses on
 2440  academic rigor, direct instruction, and creating high academic
 2441  and character standards; and
 2442         6. Provide focused instruction to improve student academic
 2443  proficiency, which may include additional instruction time
 2444  beyond the normal school day or school year.
 2445         (d) Each school district and hope operator shall submit
 2446  approved plans to the commissioner by September 1 of each fiscal
 2447  year.
 2448         (e) For the 2018-2019 fiscal year, a school that is
 2449  selected to receive funding in the 2017-2018 fiscal year
 2450  pursuant to s. 1002.333(10)(c) shall receive $2,000 per FTE. A
 2451  district-managed turnaround school required under s.
 2452  1008.33(4)(a), charter school authorized under s.
 2453  1008.33(4)(b)2., district-managed charter school authorized
 2454  under s. 1008.33(4)(b)3.a., school of hope authorized under s.
 2455  1008.33(4)(b)3.b., and franchise model school authorized under
 2456  s. 1008.33(4)(b)4. are eligible for the remaining funds based on
 2457  the school’s unweighted FTE, up to $2,000 per FTE or as provided
 2458  in the General Appropriations Act.
 2459         (f) For the 2019-2020 fiscal year and thereafter, each
 2460  school district’s allocation shall be based on the unweighted
 2461  FTE student enrollment at the eligible schools and a per-FTE
 2462  funding amount of up to $2,000 per FTE or as provided in the
 2463  General Appropriations Act. If the calculated funds for
 2464  unweighted FTE student enrollment at the eligible schools exceed
 2465  the per-FTE funds appropriated, the allocation of funds to each
 2466  school district must be prorated based on each school district’s
 2467  share of the total unweighted FTE student enrollment for the
 2468  eligible schools.
 2469         (17)MENTAL HEALTH ASSISTANCE ALLOCATION.The mental health
 2470  assistance allocation is created to provide supplemental funding
 2471  to assist school districts in establishing or expanding
 2472  comprehensive school-based mental health programs that increase
 2473  awareness of mental health issues among children and school-age
 2474  youth; train educators and other school staff in detecting and
 2475  responding to mental health issues; and connect children, youth,
 2476  and families who may experience behavioral health issues with
 2477  appropriate services. These funds may be allocated annually in
 2478  the General Appropriations Act to each eligible school district
 2479  and developmental research school based on each entity’s
 2480  proportionate share of Florida Education Finance Program base
 2481  funding. The district funding allocation must include a minimum
 2482  amount as specified in the General Appropriations Act. Upon
 2483  submission and approval of a plan that includes the elements
 2484  specified in paragraph (b), charter schools are also entitled to
 2485  a proportionate share of district funding for this program. The
 2486  allocated funds may not supplant funds that are provided for
 2487  this purpose from other operating funds and may not be used to
 2488  increase salaries or provide bonuses.
 2489         (a)Prior to the distribution of the allocation:
 2490         1. The district must annually develop and submit a detailed
 2491  plan outlining the local program and planned expenditures to the
 2492  district school board for approval.
 2493         2. A charter school must annually develop and submit a
 2494  detailed plan outlining the local program and planned
 2495  expenditures of the funds in the plan to its governing body for
 2496  approval. After the plan is approved by the governing body, it
 2497  must be provided to its school district for submission to the
 2498  commissioner.
 2499         (b) The plans required under paragraph (a) must include, at
 2500  a minimum, all of the following elements:
 2501         1. A collaborative effort or partnership between the school
 2502  district and at least one local community program or agency
 2503  involved in mental health to provide or to improve prevention,
 2504  diagnosis, and treatment services for students;
 2505         2. Programs to assist students in dealing with bullying,
 2506  trauma, and violence;
 2507         3. Strategies or programs to reduce the likelihood of at
 2508  risk students developing social, emotional, or behavioral health
 2509  problems or substance use disorders;
 2510         4. Strategies to improve the early identification of
 2511  social, emotional, or behavioral problems or substance use
 2512  disorders and to improve the provision of early intervention
 2513  services;
 2514         5. Strategies to enhance the availability of school-based
 2515  crisis intervention services and appropriate referrals for
 2516  students in need of mental health services; and
 2517         6. Training opportunities for school personnel in the
 2518  techniques and supports needed to identify students who have
 2519  trauma histories and who have or are at risk of having a mental
 2520  illness, and in the use of referral mechanisms that effectively
 2521  link such students to appropriate treatment and intervention
 2522  services in the school and in the community.
 2523         (c)The districts shall submit approved plans to the
 2524  commissioner by August 1 of each fiscal year.
 2525         (d) Beginning September 30, 2019, and by each September 30
 2526  thereafter, each entity that receives an allocation under this
 2527  subsection shall submit to the commissioner, in a format
 2528  prescribed by the department, a final report on its program
 2529  outcomes and its expenditures for each element of the program.
 2530         (18) FUNDING COMPRESSION ALLOCATION.—The Legislature may
 2531  provide an annual funding compression allocation in the General
 2532  Appropriations Act. The allocation is created to provide
 2533  additional funding to school districts and developmental
 2534  research schools whose total funds per FTE in the prior year
 2535  were less than the statewide average. Using the most recent
 2536  prior year FEFP calculation for each eligible school district,
 2537  the total funds per FTE shall be subtracted from the state
 2538  average funds per FTE, not including any adjustments made
 2539  pursuant to paragraph (19)(b). The resulting funds per FTE
 2540  difference, or a portion thereof, as designated in the General
 2541  Appropriations Act, shall then be multiplied by the school
 2542  district’s total unweighted FTE to provide the allocation. If
 2543  the calculated funds are greater than the amount included in the
 2544  General Appropriations Act, they must be prorated to the
 2545  appropriation amount based on each participating school
 2546  district’s share.
 2547         Section 26. Subsection (5) of section 1011.69, Florida
 2548  Statutes, is amended to read:
 2549         1011.69 Equity in School-Level Funding Act.—
 2550         (5) After providing Title I, Part A, Basic funds to schools
 2551  above the 75 percent poverty threshold, which may include high
 2552  schools above the 50 percent threshold as allowed by federal
 2553  law, school districts shall provide any remaining Title I, Part
 2554  A, Basic funds directly to all eligible schools as provided in
 2555  this subsection. For purposes of this subsection, an eligible
 2556  school is a school that is eligible to receive Title I funds,
 2557  including a charter school. The threshold for identifying
 2558  eligible schools may not exceed the threshold established by a
 2559  school district for the 2016-2017 school year or the statewide
 2560  percentage of economically disadvantaged students, as determined
 2561  annually.
 2562         (a) Prior to the allocation of Title I funds to eligible
 2563  schools, a school district may withhold funds only as follows:
 2564         1. One percent for parent involvement, in addition to the
 2565  one percent the district must reserve under federal law for
 2566  allocations to eligible schools for parent involvement;
 2567         2. A necessary and reasonable amount for administration;,
 2568         3.which includes The district’s approved indirect cost
 2569  rate, not to exceed a total of 8 percent; and
 2570         4.3. A reasonable and necessary amount to provide:
 2571         a. Homeless programs;
 2572         b. Delinquent and neglected programs;
 2573         c. Prekindergarten programs and activities;
 2574         d. Private school equitable services; and
 2575         e. Transportation for foster care children to their school
 2576  of origin or choice programs; and.
 2577         5. A necessary and reasonable amount for eligible schools
 2578  to provide:
 2579         a. Extended learning opportunities, such as summer school,
 2580  before-school and after-school programs, and additional class
 2581  periods of instruction during the school day; and
 2582         b. Supplemental academic and enrichment services, staff
 2583  development, and planning and curriculum, as well as wrap-around
 2584  services.
 2585         (b) All remaining Title I funds shall be distributed to all
 2586  eligible schools in accordance with federal law and regulation.
 2587  To maximize the efficient use of resources, school districts may
 2588  allow eligible schools, not including charter schools, to An
 2589  eligible school may use funds under this subsection for
 2590  district-level to participate in discretionary educational
 2591  services provided by the school district.
 2592         Section 27. Subsection (5) of section 1011.71, Florida
 2593  Statutes, is amended to read:
 2594         1011.71 District school tax.—
 2595         (5) Effective July 1, 2008, A school district may expend,
 2596  subject to the provisions of s. 200.065, up to $150 $100 per
 2597  unweighted full-time equivalent student from the revenue
 2598  generated by the millage levy authorized by subsection (2) to
 2599  fund, in addition to expenditures authorized in paragraphs
 2600  (2)(a)-(j), expenses for the following:
 2601         (a) The purchase, lease-purchase, or lease of driver’s
 2602  education vehicles; motor vehicles used for the maintenance or
 2603  operation of plants and equipment; security vehicles; or
 2604  vehicles used in storing or distributing materials and
 2605  equipment.
 2606         (b) Payment of the cost of premiums, as defined in s.
 2607  627.403, for property and casualty insurance necessary to insure
 2608  school district educational and ancillary plants. As used in
 2609  this paragraph, casualty insurance has the same meaning as in s.
 2610  624.605(1)(d), (f), (g), (h), and (m). Operating revenues that
 2611  are made available through the payment of property and casualty
 2612  insurance premiums from revenues generated under this subsection
 2613  may be expended only for nonrecurring operational expenditures
 2614  of the school district.
 2615         Section 28. Subsection (4) of section 1012.2315, Florida
 2616  Statutes, is amended to read:
 2617         1012.2315 Assignment of teachers.—
 2618         (4) COLLECTIVE BARGAINING.—
 2619         (a) Notwithstanding provisions of chapter 447 relating to
 2620  district school board collective bargaining, collective
 2621  bargaining provisions may not preclude a school district from
 2622  providing incentives to high-quality teachers and assigning such
 2623  teachers to low-performing schools.
 2624         (b)1.In addition to the provisions under s. 447.305(2), an
 2625  employee organization that has been certified as the bargaining
 2626  agent for a unit of instructional personnel as defined in s.
 2627  1012.01(2) must include for each such certified bargaining unit
 2628  the following information in its application for renewal of
 2629  registration:
 2630         a.The number of employees in the bargaining unit who are
 2631  eligible for representation by the employee organization.
 2632         b.The number of employees who are represented by the
 2633  employee organization, specifying the number of members who pay
 2634  dues and the number of members who do not pay dues.
 2635         2.Notwithstanding the provisions of chapter 447 relating
 2636  to collective bargaining, an employee organization whose dues
 2637  paying membership is less than 50 percent of the employees
 2638  eligible for representation in the unit, as identified in
 2639  subparagraph 1., must petition the Public Employees Relations
 2640  Commission pursuant to s. 447.307(2) and (3) for recertification
 2641  as the exclusive representative of all employees in the unit
 2642  within 1 month after the date on which the organization applies
 2643  for renewal of registration pursuant to s. 447.305(2). The
 2644  certification of an employee organization that does not comply
 2645  with this paragraph is revoked.
 2646         Section 29. Section 1012.315, Florida Statutes, is amended
 2647  to read:
 2648         1012.315 Disqualification from employment.—A person is
 2649  ineligible for educator certification, and instructional
 2650  personnel and school administrators, as defined in s. 1012.01,
 2651  are ineligible for employment in any position that requires
 2652  direct contact with students in a district school system,
 2653  charter school, or private school that accepts scholarship
 2654  students under s. 1002.385, s. 1002.39, or s. 1002.395, or
 2655  another state scholarship program under chapter 1002, if the
 2656  person, instructional personnel, or school administrator has
 2657  been convicted of:
 2658         (1) Any felony offense prohibited under any of the
 2659  following statutes:
 2660         (a) Section 393.135, relating to sexual misconduct with
 2661  certain developmentally disabled clients and reporting of such
 2662  sexual misconduct.
 2663         (b) Section 394.4593, relating to sexual misconduct with
 2664  certain mental health patients and reporting of such sexual
 2665  misconduct.
 2666         (c) Section 415.111, relating to adult abuse, neglect, or
 2667  exploitation of aged persons or disabled adults.
 2668         (d) Section 782.04, relating to murder.
 2669         (e) Section 782.07, relating to manslaughter, aggravated
 2670  manslaughter of an elderly person or disabled adult, aggravated
 2671  manslaughter of a child, or aggravated manslaughter of an
 2672  officer, a firefighter, an emergency medical technician, or a
 2673  paramedic.
 2674         (f) Section 784.021, relating to aggravated assault.
 2675         (g) Section 784.045, relating to aggravated battery.
 2676         (h) Section 784.075, relating to battery on a detention or
 2677  commitment facility staff member or a juvenile probation
 2678  officer.
 2679         (i) Section 787.01, relating to kidnapping.
 2680         (j) Section 787.02, relating to false imprisonment.
 2681         (k) Section 787.025, relating to luring or enticing a
 2682  child.
 2683         (l) Section 787.04(2), relating to leading, taking,
 2684  enticing, or removing a minor beyond the state limits, or
 2685  concealing the location of a minor, with criminal intent pending
 2686  custody proceedings.
 2687         (m) Section 787.04(3), relating to leading, taking,
 2688  enticing, or removing a minor beyond the state limits, or
 2689  concealing the location of a minor, with criminal intent pending
 2690  dependency proceedings or proceedings concerning alleged abuse
 2691  or neglect of a minor.
 2692         (n) Section 790.115(1), relating to exhibiting firearms or
 2693  weapons at a school-sponsored event, on school property, or
 2694  within 1,000 feet of a school.
 2695         (o) Section 790.115(2)(b), relating to possessing an
 2696  electric weapon or device, destructive device, or other weapon
 2697  at a school-sponsored event or on school property.
 2698         (p) Section 794.011, relating to sexual battery.
 2699         (q) Former s. 794.041, relating to sexual activity with or
 2700  solicitation of a child by a person in familial or custodial
 2701  authority.
 2702         (r) Section 794.05, relating to unlawful sexual activity
 2703  with certain minors.
 2704         (s) Section 794.08, relating to female genital mutilation.
 2705         (t) Chapter 796, relating to prostitution.
 2706         (u) Chapter 800, relating to lewdness and indecent
 2707  exposure.
 2708         (v) Section 806.01, relating to arson.
 2709         (w) Section 810.14, relating to voyeurism.
 2710         (x) Section 810.145, relating to video voyeurism.
 2711         (y) Section 812.014(6), relating to coordinating the
 2712  commission of theft in excess of $3,000.
 2713         (z) Section 812.0145, relating to theft from persons 65
 2714  years of age or older.
 2715         (aa) Section 812.019, relating to dealing in stolen
 2716  property.
 2717         (bb) Section 812.13, relating to robbery.
 2718         (cc) Section 812.131, relating to robbery by sudden
 2719  snatching.
 2720         (dd) Section 812.133, relating to carjacking.
 2721         (ee) Section 812.135, relating to home-invasion robbery.
 2722         (ff) Section 817.563, relating to fraudulent sale of
 2723  controlled substances.
 2724         (gg) Section 825.102, relating to abuse, aggravated abuse,
 2725  or neglect of an elderly person or disabled adult.
 2726         (hh) Section 825.103, relating to exploitation of an
 2727  elderly person or disabled adult.
 2728         (ii) Section 825.1025, relating to lewd or lascivious
 2729  offenses committed upon or in the presence of an elderly person
 2730  or disabled person.
 2731         (jj) Section 826.04, relating to incest.
 2732         (kk) Section 827.03, relating to child abuse, aggravated
 2733  child abuse, or neglect of a child.
 2734         (ll) Section 827.04, relating to contributing to the
 2735  delinquency or dependency of a child.
 2736         (mm) Section 827.071, relating to sexual performance by a
 2737  child.
 2738         (nn) Section 843.01, relating to resisting arrest with
 2739  violence.
 2740         (oo) Chapter 847, relating to obscenity.
 2741         (pp) Section 874.05, relating to causing, encouraging,
 2742  soliciting, or recruiting another to join a criminal street
 2743  gang.
 2744         (qq) Chapter 893, relating to drug abuse prevention and
 2745  control, if the offense was a felony of the second degree or
 2746  greater severity.
 2747         (rr) Section 916.1075, relating to sexual misconduct with
 2748  certain forensic clients and reporting of such sexual
 2749  misconduct.
 2750         (ss) Section 944.47, relating to introduction, removal, or
 2751  possession of contraband at a correctional facility.
 2752         (tt) Section 985.701, relating to sexual misconduct in
 2753  juvenile justice programs.
 2754         (uu) Section 985.711, relating to introduction, removal, or
 2755  possession of contraband at a juvenile detention facility or
 2756  commitment program.
 2757         (2) Any misdemeanor offense prohibited under any of the
 2758  following statutes:
 2759         (a) Section 784.03, relating to battery, if the victim of
 2760  the offense was a minor.
 2761         (b) Section 787.025, relating to luring or enticing a
 2762  child.
 2763         (3) Any criminal act committed in another state or under
 2764  federal law which, if committed in this state, constitutes an
 2765  offense prohibited under any statute listed in subsection (1) or
 2766  subsection (2).
 2767         (4) Any delinquent act committed in this state or any
 2768  delinquent or criminal act committed in another state or under
 2769  federal law which, if committed in this state, qualifies an
 2770  individual for inclusion on the Registered Juvenile Sex Offender
 2771  List under s. 943.0435(1)(h)1.d.
 2772         Section 30. Paragraph (c) of subsection (3) of section
 2773  1012.731, Florida Statutes, is amended to read:
 2774         1012.731 The Florida Best and Brightest Teacher Scholarship
 2775  Program.—
 2776         (3)
 2777         (c) Notwithstanding the requirements of this subsection,
 2778  for the 2017-2018, 2018-2019, and 2019-2020 school years, any
 2779  classroom teacher who:
 2780         1. Was evaluated as highly effective pursuant to s. 1012.34
 2781  in the school year immediately preceding the year in which the
 2782  scholarship will be awarded shall receive a scholarship of
 2783  $1200, including a classroom teacher who received an award
 2784  pursuant to paragraph (a).
 2785         2. Was evaluated as effective pursuant to s. 1012.34 in the
 2786  school year immediately preceding the year in which the
 2787  scholarship will be awarded a scholarship of up to $800. If the
 2788  number of eligible classroom teachers under this subparagraph
 2789  exceeds the total allocation, the department shall prorate the
 2790  per-teacher scholarship amount.
 2791  
 2792  This paragraph expires July 1, 2020.
 2793         Section 31. Subsections (2), (3), and (4) of section
 2794  1012.732, Florida Statutes, are amended to read:
 2795         1012.732 The Florida Best and Brightest Principal
 2796  Scholarship Program.—
 2797         (2) There is created the Florida Best and Brightest
 2798  Principal Scholarship Program to be administered by the
 2799  Department of Education. The program shall provide categorical
 2800  funding for scholarships to be awarded to school principals, as
 2801  defined in s. 1012.01(3)(c)1., who are serving as a franchise
 2802  model school principal or who have recruited and retained a high
 2803  percentage of best and brightest teachers.
 2804         (3)(a) A school principal identified pursuant to s.
 2805  1012.731(4)(c) is eligible to receive a scholarship under this
 2806  section if he or she has served as school principal at his or
 2807  her school for at least 2 consecutive school years including the
 2808  current school year and his or her school has a ratio of best
 2809  and brightest teachers to other classroom teachers that is at
 2810  the 80th percentile or higher for schools within the same grade
 2811  group, statewide, including elementary schools, middle schools,
 2812  high schools, and schools with a combination of grade levels.
 2813         (b) A principal of a franchise model school, as defined in
 2814  s. 1002.334, is eligible to receive a scholarship under this
 2815  section.
 2816         (4) Annually, by February 1, the department shall identify
 2817  eligible school principals and disburse funds to each school
 2818  district for each eligible school principal to receive a
 2819  scholarship.
 2820         (a) A scholarship of $10,000 $5,000 must be awarded to each
 2821  franchise model school principal who is every eligible under
 2822  paragraph (3)(b).
 2823         (b)A scholarship of $5,000 must be awarded to each school
 2824  principal assigned to a Title I school and a scholarship of
 2825  $4,000 to each every eligible school principal who is not
 2826  assigned to a Title I school and who is eligible under paragraph
 2827  (3)(a).
 2828         Section 32. Paragraph (e) of subsection (1) of section
 2829  1012.796, Florida Statutes, is amended to read:
 2830         1012.796 Complaints against teachers and administrators;
 2831  procedure; penalties.—
 2832         (1)
 2833         (e) If allegations arise against an employee who is
 2834  certified under s. 1012.56 and employed in an educator
 2835  certificated position in any public school, charter school or
 2836  governing board thereof, or private school that accepts
 2837  scholarship students under s. 1002.385, s. 1002.39, or s.
 2838  1002.395, or another state scholarship program under chapter
 2839  1002, the school shall file in writing with the department a
 2840  legally sufficient complaint within 30 days after the date on
 2841  which the subject matter of the complaint came to the attention
 2842  of the school. A complaint is legally sufficient if it contains
 2843  ultimate facts that show a violation has occurred as provided in
 2844  s. 1012.795 and defined by rule of the State Board of Education.
 2845  The school shall include all known information relating to the
 2846  complaint with the filing of the complaint. This paragraph does
 2847  not limit or restrict the power and duty of the department to
 2848  investigate complaints, regardless of the school’s untimely
 2849  filing, or failure to file, complaints and followup reports.
 2850         Section 33. Present paragraphs (a) through (d) of
 2851  subsection (1) of section 1013.31, Florida Statutes, are
 2852  redesignated as paragraphs (b) through (e), respectively, and a
 2853  new paragraph (a) is added to that subsection, to read:
 2854         1013.31 Educational plant survey; localized need
 2855  assessment; PECO project funding.—
 2856         (1) At least every 5 years, each board shall arrange for an
 2857  educational plant survey, to aid in formulating plans for
 2858  housing the educational program and student population, faculty,
 2859  administrators, staff, and auxiliary and ancillary services of
 2860  the district or campus, including consideration of the local
 2861  comprehensive plan. The Department of Education shall document
 2862  the need for additional career and adult education programs and
 2863  the continuation of existing programs before facility
 2864  construction or renovation related to career or adult education
 2865  may be included in the educational plant survey of a school
 2866  district or Florida College System institution that delivers
 2867  career or adult education programs. Information used by the
 2868  Department of Education to establish facility needs must
 2869  include, but need not be limited to, labor market data, needs
 2870  analysis, and information submitted by the school district or
 2871  Florida College System institution.
 2872         (a) Educational plant survey and localized need assessment
 2873  for capital outlay purposes.A district may only use funds from
 2874  the following sources for educational, auxiliary, and ancillary
 2875  plant capital outlay purposes without needing a survey
 2876  recommendation:
 2877         1. The local capital outlay improvement fund, consisting of
 2878  funds that come from and are a part of the district’s basic
 2879  operating budget;
 2880         2. If a board decides to build an educational, auxiliary,
 2881  or ancillary facility without a survey recommendation and the
 2882  taxpayers approve a bond referendum, the voted bond referendum;
 2883         3. One-half cent sales surtax revenue;
 2884         4. One cent local governmental surtax revenue;
 2885         5. Impact fees; and
 2886         6. Private gifts or donations.
 2887         Section 34. Paragraph (e) is added to subsection (2) of
 2888  section 1013.385, Florida Statutes, to read:
 2889         1013.385 School district construction flexibility.—
 2890         (2) A resolution adopted under this section may propose
 2891  implementation of exceptions to requirements of the uniform
 2892  statewide building code for the planning and construction of
 2893  public educational and ancillary plants adopted pursuant to ss.
 2894  553.73 and 1013.37 relating to:
 2895         (e) Any other provisions that limit the ability of a school
 2896  to operate in a facility on the same basis as a charter school
 2897  pursuant to s. 1002.33(18) if the regional planning council
 2898  determines that there is sufficient shelter capacity within the
 2899  school district as documented in the Statewide Emergency Shelter
 2900  Plan.
 2901         Section 35. Subsection (3) of section 1013.62, Florida
 2902  Statutes, is amended, and paragraph (c) is added to subsection
 2903  (1) of that section, to read:
 2904         1013.62 Charter schools capital outlay funding.—
 2905         (1) Charter school capital outlay funding shall consist of
 2906  revenue resulting from the discretionary millage authorized in
 2907  s. 1011.71(2) and state funds when such funds are appropriated
 2908  in the General Appropriations Act.
 2909         (c)It is the intent of the Legislature that the public
 2910  interest be protected by prohibiting personal financial
 2911  enrichment by owners, operators, managers, real estate
 2912  developers, and other affiliated parties of charter schools.
 2913  Therefore, a charter school is not eligible for a funding
 2914  allocation unless the chair of the governing board and the chief
 2915  administrative officer of the charter school annually certify
 2916  under oath that the funds will be used solely and exclusively
 2917  for constructing, renovating, or improving charter school
 2918  facilities that are:
 2919         1. Owned by a school district, a political subdivision of
 2920  the state, a municipality, a Florida College System institution,
 2921  or a state university;
 2922         2. Owned by an organization that is qualified as an exempt
 2923  organization under s. 501(c)(3) of the Internal Revenue Code
 2924  whose articles of incorporation specify that, upon the
 2925  organization’s dissolution, the subject property will be
 2926  transferred to a school district, a political subdivision of the
 2927  state, a municipality, a Florida College System institution, or
 2928  a state university; or
 2929         3. Owned by and leased, at a fair market value in the
 2930  school district in which the charter school is located, from a
 2931  person or entity that is not an affiliated party of the charter
 2932  school. For the purposes of this subparagraph, the term
 2933  “affiliated party of the charter school” means the applicant for
 2934  the charter school pursuant to s. 1002.33; the governing board
 2935  of the charter school or a member of the governing board; the
 2936  charter school owner; the charter school principal; an employee
 2937  of the charter school; an independent contractor of the charter
 2938  school or the governing board of the charter school; a relative,
 2939  as defined in s. 1002.33(24)(a)2., of a charter school governing
 2940  board member, a charter school owner, a charter school
 2941  principal, a charter school employee, or an independent
 2942  contractor of a charter school or charter school governing
 2943  board; a subsidiary corporation, a service corporation, an
 2944  affiliated corporation, a parent corporation, a limited
 2945  liability company, a limited partnership, a trust, a
 2946  partnership, or a related party that, individually or through
 2947  one or more entities, shares common ownership or control and
 2948  directly or indirectly manages, administers, controls, or
 2949  oversees the operation of the charter school; or any person or
 2950  entity, individually or through one or more entities that share
 2951  common ownership, which directly or indirectly manages,
 2952  administers, controls, or oversees the operation of any of the
 2953  foregoing.
 2954         (3) If the school board levies the discretionary millage
 2955  authorized in s. 1011.71(2), the department shall use the
 2956  following calculation methodology to determine the amount of
 2957  revenue that a school district must distribute to each eligible
 2958  charter school:
 2959         (a) Reduce the total discretionary millage revenue by the
 2960  school district’s annual debt service obligation incurred as of
 2961  March 1, 2017, and any amount of participation requirement
 2962  pursuant to s. 1013.64(2)(a)8. that is being satisfied by
 2963  revenues raised by the discretionary millage.
 2964         (b) Divide the school district’s adjusted discretionary
 2965  millage revenue by the district’s total capital outlay full-time
 2966  equivalent membership and the total number of unweighted full
 2967  time equivalent students of each eligible charter school to
 2968  determine a capital outlay allocation per full-time equivalent
 2969  student.
 2970         (c) Multiply the capital outlay allocation per full-time
 2971  equivalent student by the total number of full-time equivalent
 2972  students for all of each eligible charter schools within the
 2973  district school to determine the total charter school capital
 2974  outlay allocation for each district charter school.
 2975         (d) If applicable, reduce the capital outlay allocation
 2976  identified in paragraph (c) by the total amount of state funds
 2977  allocated pursuant to subsection (2) to all each eligible
 2978  charter schools within a district school in subsection (2) to
 2979  determine the net total maximum calculated capital outlay
 2980  allocation from local funds. If state funds are not allocated
 2981  pursuant to subsection (2), the amount determined in paragraph
 2982  (c) is equal to the net total calculated capital outlay
 2983  allocation from local funds for each district.
 2984         (e) For each charter school within each district, the net
 2985  capital outlay amount from local funds shall be calculated in
 2986  the same manner as the state funds in paragraphs (2)(a)-(d),
 2987  except that the base charter school per weighted FTE allocation
 2988  amount shall be determined by dividing the net total capital
 2989  outlay amount from local funds by the total weighted FTE for all
 2990  eligible charter schools within the district. The per weighted
 2991  FTE allocation amount from local funds shall be multiplied by
 2992  the weighted FTE for each charter school to determine each
 2993  charter school’s capital outlay allocation from local funds.
 2994         (f)(e) School districts shall distribute capital outlay
 2995  funds to charter schools no later than February 1 of each year,
 2996  beginning on February 1, 2018, for the 2017-2018 fiscal year.
 2997         Section 36. Effective July 1, 2019, subsection (13) of
 2998  section 212.08, Florida Statutes, is amended to read:
 2999         212.08 Sales, rental, use, consumption, distribution, and
 3000  storage tax; specified exemptions.—The sale at retail, the
 3001  rental, the use, the consumption, the distribution, and the
 3002  storage to be used or consumed in this state of the following
 3003  are hereby specifically exempt from the tax imposed by this
 3004  chapter.
 3005         (13) No transactions shall be exempt from the tax imposed
 3006  by this chapter except those expressly exempted herein. All laws
 3007  granting tax exemptions, to the extent they may be inconsistent
 3008  or in conflict with this chapter, including, but not limited to,
 3009  the following designated laws, shall yield to and be superseded
 3010  by the provisions of this subsection: ss. 125.019, 153.76,
 3011  154.2331, 159.15, 159.31, 159.50, 159.708, 163.385, 163.395,
 3012  215.76, 243.33, 315.11, 348.65, 348.762, 349.13, 403.1834, and
 3013  616.07, and 623.09, and the following Laws of Florida, acts of
 3014  the year indicated: s. 31, chapter 30843, 1955; s. 19, chapter
 3015  30845, 1955; s. 12, chapter 30927, 1955; s. 8, chapter 31179,
 3016  1955; s. 15, chapter 31263, 1955; s. 13, chapter 31343, 1955; s.
 3017  16, chapter 59-1653; s. 13, chapter 59-1356; s. 12, chapter 61
 3018  2261; s. 19, chapter 61-2754; s. 10, chapter 61-2686; s. 11,
 3019  chapter 63-1643; s. 11, chapter 65-1274; s. 16, chapter 67-1446;
 3020  and s. 10, chapter 67-1681. This subsection does not supersede
 3021  the authority of a local government to adopt financial and local
 3022  government incentives pursuant to s. 163.2517.
 3023         Section 37. For the 2018-2019 fiscal year, the sum of
 3024  $2,596,560 in recurring funds from the General Revenue Fund and
 3025  the sum of $392,134 in nonrecurring funds from the General
 3026  Revenue Fund are appropriated to the Department of Education to
 3027  implement this act as follows: the sum of $2 million in
 3028  recurring funds shall be used to implement the Hope Scholarship
 3029  Program created pursuant to s. 1002.40, Florida Statutes, the
 3030  sum of $596,560 in recurring funds and $142,134 in nonrecurring
 3031  funds shall be used to implement the additional oversight
 3032  requirements pursuant to s. 1002.421, Florida Statutes, and the
 3033  sum of $250,000 in nonrecurring funds shall be used to issue a
 3034  competitive grant award pursuant to s. 1002.395(9), Florida
 3035  Statutes.
 3036         Section 38. The Department of Revenue may, and all
 3037  conditions are deemed met to, adopt emergency rules pursuant to
 3038  ss. 120.536(1) and 120.54, Florida Statutes, to administer this
 3039  act.
 3040         Section 39. Except as otherwise expressly provided in this
 3041  act, this act shall take effect July 1, 2018
 3042  
 3043  ================= T I T L E  A M E N D M E N T ================
 3044  And the title is amended as follows:
 3045         Delete everything before the enacting clause
 3046  and insert:
 3047                        A bill to be entitled                      
 3048         An act relating to education; creating s. 212.1832,
 3049         F.S.; authorizing certain persons to receive a tax
 3050         credit for certain contributions to eligible nonprofit
 3051         scholarship-funding organizations for the Hope
 3052         Scholarship Program; providing requirements for motor
 3053         vehicle dealers; requiring the Department of Revenue
 3054         to disregard certain tax credits for specified
 3055         purposes; providing that specified provisions apply to
 3056         certain provisions; amending s. 213.053, F.S.;
 3057         authorizing the Department of Revenue to share
 3058         specified information with eligible nonprofit
 3059         scholarship-funding organizations; providing that
 3060         certain requirements apply to such organizations;
 3061         repealing ch. 623, F.S., relating to private school
 3062         corporations, on a specified date; amending s.
 3063         1001.10, F.S.; revising the private schools to which
 3064         the Department of Education is required to provide
 3065         technical assistance and authorized staff; amending s.
 3066         1001.4205, F.S.; authorizing a member of the State
 3067         Legislature to visit any district school, including
 3068         any charter school, in his or her legislative
 3069         district; amending s. 1002.01, F.S.; revising and
 3070         defining terms; amending s. 1002.20; updating
 3071         educational options and terminology; amending s.
 3072         1002.33, F.S.; extending the period of time for which
 3073         a charter school may defer its opening for specified
 3074         reasons; amending s. 1002.331, F.S.; revising the
 3075         requirements for a charter school to be considered a
 3076         high-performing charter school; amending s. 1002.333,
 3077         F.S.; redefining the terms “persistently low
 3078         performing school” and “school of hope”; revising the
 3079         required contents of a school of hope notice of intent
 3080         and performance-based agreement; revising school of
 3081         hope facility requirements; specifying that certain
 3082         schools of hope are eligible to receive hope
 3083         supplemental service allocation funds; requiring the
 3084         State Board of Education to provide awards to all
 3085         eligible schools that meet certain requirements;
 3086         prohibiting a school of hope operator or owner from
 3087         serving as the principal of a school of hope that he
 3088         or she manages; conforming cross-references; creating
 3089         s. 1002.334, F.S.; defining the term “franchise model
 3090         school”; authorizing specified schools to use a
 3091         franchise model school as a turnaround option;
 3092         specifying requirements for a franchise model school
 3093         principal; amending s. 1002.385, F.S.; revising the
 3094         meaning of a rare disease within the definition of a
 3095         “disability” for purposes of the Gardiner Scholarship
 3096         Program; revising requirements for private schools
 3097         that participate in the program; specifying that the
 3098         failure or refusal, rather than the inability of, a
 3099         private school to meet certain requirements
 3100         constitutes a basis for program ineligibility;
 3101         conforming cross-references; amending s. 1002.39,
 3102         F.S.; revising the purpose of department site visits
 3103         at private schools participating in the John M. McKay
 3104         Scholarships for Students with Disabilities Program;
 3105         authorizing the department to make followup site
 3106         visits at any time to certain private schools;
 3107         requiring participating private schools to provide a
 3108         specified report from an independent certified public
 3109         accountant under certain circumstances; specifying
 3110         that the failure or refusal, rather than the inability
 3111         of, a private school to meet certain requirements
 3112         constitutes a basis for program ineligibility;
 3113         conforming provisions to changes made by the act;
 3114         amending s. 1002.395, F.S.; revising obligations of
 3115         eligible nonprofit scholarship-funding organizations
 3116         participating in the Florida Tax Credit Scholarship
 3117         Program; specifying that the failure or refusal,
 3118         rather than the inability of, a private school to meet
 3119         certain requirements constitutes a basis for program
 3120         ineligibility; revising the purpose of department site
 3121         visits at private schools participating in the Florida
 3122         Tax Credit Scholarship Program; authorizing the
 3123         department to make followup site visits at any time to
 3124         certain private schools; conforming provisions to
 3125         changes made by the act; creating s. 1002.40, F.S.;
 3126         establishing the Hope Scholarship Program; providing
 3127         the purpose of the program; defining terms; providing
 3128         eligibility requirements; prohibiting the payment of a
 3129         scholarship under certain circumstances; requiring a
 3130         principal to provide copies of a report of physical
 3131         violence or emotional abuse to certain individuals
 3132         within specified timeframes; requiring the principal
 3133         to investigate such incidents; requiring a school
 3134         district to notify an eligible student’s parent of the
 3135         program under certain circumstances; requiring a
 3136         school district to provide certain information
 3137         relating to the statewide assessment program;
 3138         providing requirements and obligations for eligible
 3139         private schools; providing Department of Education
 3140         obligations relating to participating students and
 3141         private schools and program requirements; providing
 3142         Commissioner of Education obligations; requiring the
 3143         commissioner to deny, suspend, or revoke a private
 3144         school’s participation in the program or the payment
 3145         of scholarship funds under certain circumstances;
 3146         defining the term “owner or operator”; providing a
 3147         process for review of a decision from the commissioner
 3148         under certain circumstances; providing for the release
 3149         of personally identifiable student information under
 3150         certain circumstances; providing parent and student
 3151         responsibilities for initial and continued
 3152         participation in the program; providing nonprofit
 3153         scholarship-funding organization obligations;
 3154         providing for the calculation of the scholarship
 3155         amount; providing the scholarship amount for students
 3156         transferred to certain public schools; requiring
 3157         verification of specified information before a
 3158         scholarship may be disbursed; providing requirements
 3159         for the scholarship payments; providing funds for
 3160         administrative expenses for certain nonprofit
 3161         scholarship-funding organizations; providing
 3162         requirements for administrative expenses; prohibiting
 3163         a nonprofit scholarship-funding organization from
 3164         charging an application fee; providing Auditor General
 3165         obligations; providing requirements for taxpayer
 3166         elections to contribute to the program; requiring the
 3167         Department of Revenue to adopt forms to administer the
 3168         program; providing requirements for certain agents of
 3169         the Department of Revenue and motor vehicle dealers;
 3170         providing reporting requirements for nonprofit
 3171         scholarship-funding organizations relating to taxpayer
 3172         contributions; providing penalties; providing for the
 3173         restitution of specified funds under certain
 3174         circumstances; providing the state is not liable for
 3175         the award or use of program funds; prohibiting
 3176         additional regulations for private schools
 3177         participating in the program beyond those necessary to
 3178         enforce program requirements; requiring the State
 3179         Board of Education to adopt rules to administer the
 3180         program; amending s. 1002.421, F.S.; defining the term
 3181         “owner or operator”; requiring a private school to
 3182         employ or contract with teachers who meet certain
 3183         qualifications and provide information about such
 3184         qualifications to the department and parents; revising
 3185         the conditions under which a private school employee
 3186         may be exempted from background screening
 3187         requirements; specifying that a private school is
 3188         ineligible to participate in certain scholarship
 3189         programs under certain circumstances; requiring the
 3190         department to annually visit a certain percentage of
 3191         certain private schools; authorizing the department to
 3192         make certain followup site visits at any time;
 3193         requiring the Division of State Fire Marshal to
 3194         annually provide the department with fire safety
 3195         inspection reports for certain private schools;
 3196         requiring that certain private schools provide the
 3197         department with a report from an independent certified
 3198         public accountant under certain circumstances;
 3199         repealing s. 1002.43, F.S., relating to private
 3200         tutoring programs; amending s. 1003.01, F.S.;
 3201         redefining the term “regular school attendance”;
 3202         amending s. 1003.26, F.S.; conforming a cross
 3203         reference; amending s. 1003.41, F.S.; revising the
 3204         requirements for the Next Generation Sunshine State
 3205         Standards to include financial literacy; amending s.
 3206         1003.4282, F.S.; revising the required credits for a
 3207         standard high school diploma to include one-half
 3208         credit of instruction in personal financial literacy
 3209         and money management and seven and one-half, rather
 3210         than eight, credits in electives; amending s.
 3211         1006.061, F.S.; revising the applicability of certain
 3212         child abuse, abandonment, and neglect provisions;
 3213         amending s. 1007.273, F.S.; defining the term
 3214         “structured program”; providing additional options for
 3215         students participating in a structured program;
 3216         prohibiting a district school board from limiting the
 3217         number of public school students who may participate
 3218         in a structured program; revising contract
 3219         requirements; requiring each district school board to
 3220         annually notify students in certain grades of certain
 3221         information about the structured program, by a
 3222         specified date; revising provisions relating to
 3223         funding; requiring the state board to enforce
 3224         compliance with certain provisions by a specified date
 3225         each year; providing reporting requirements; amending
 3226         s. 1008.33, F.S.; revising the turnaround options
 3227         available for certain schools; amending s. 1011.62,
 3228         F.S.; creating the hope supplemental services
 3229         allocation; providing the purpose of the allocation;
 3230         specifying the services that may be funded by the
 3231         allocation; providing that implementation plans may
 3232         include certain models; providing requirements for
 3233         implementation plans; providing for the allocation of
 3234         funds in specified fiscal years; creating the mental
 3235         health assistance allocation; providing the purpose of
 3236         the allocation; providing for the annual allocation of
 3237         such funds on a specified basis; prohibiting the use
 3238         of allocated funds to supplant funds provided from
 3239         other operating funds, to increase salaries, or to
 3240         provide bonuses; providing requirements for school
 3241         districts and charter schools; providing that required
 3242         plans must include certain elements; requiring school
 3243         districts to annually submit approved plans to the
 3244         Commissioner of Education by a specified date;
 3245         requiring that entities that receive such allocations
 3246         annually submit a final report on program outcomes and
 3247         specific expenditures to the commissioner by a
 3248         specified date; creating the funding compression
 3249         allocation; providing the purpose of the allocation;
 3250         authorizing funding for the annual allocation;
 3251         providing the calculation for the allocation; amending
 3252         s. 1011.69, F.S.; authorizing certain high schools to
 3253         receive Title I funds; providing that a school
 3254         district may withhold Title I funds for specified
 3255         purposes; authorizing certain schools to use Title I
 3256         funds for specified purposes; amending s. 1011.71,
 3257         F.S.; increasing the amount that a school district may
 3258         expend from a specified millage levy for certain
 3259         expenses; amending s. 1012.2315, F.S.; requiring
 3260         certain employee organizations to include specified
 3261         information in a specified application and to petition
 3262         for recertification for specified purposes; amending
 3263         s. 1012.315, F.S.; revising the applicability of
 3264         certain provisions related to disqualification from
 3265         employment for the conviction of specified offenses;
 3266         amending s. 1012.731, F.S.; deleting Florida Best and
 3267         Brightest Teacher Scholarship Program scholarship
 3268         awards authorized for specific school years; amending
 3269         s. 1012.732, F.S.; specifying that a franchise model
 3270         school principal is eligible to receive a Florida Best
 3271         and Brightest Principal scholarship; requiring
 3272         specified awards for eligible principals; amending s.
 3273         1012.796, F.S.; revising the applicability of a
 3274         requirement that certain private schools file
 3275         specified reports with the department for certain
 3276         allegations against its employees; amending s.
 3277         1013.31, F.S.; authorizing a district to use certain
 3278         sources of funds for educational, auxiliary, and
 3279         ancillary plant capital outlay purposes without
 3280         needing a survey recommendation; amending s. 1013.385,
 3281         F.S.; providing additional exceptions to certain
 3282         building code regulations for school districts;
 3283         amending s. 1013.62, F.S.; providing legislative
 3284         intent; prohibiting a charter school from being
 3285         eligible for capital outlay funds unless the chair of
 3286         the governing board and the chief administrative
 3287         officer of the charter school annually certify certain
 3288         information; defining the term “affiliated party of
 3289         the charter school”; revising the Department of
 3290         Education’s calculation methodology for a school
 3291         district’s distribution of discretionary millage to
 3292         its eligible charter schools; amending s. 212.08,
 3293         F.S.; conforming a cross-reference; providing
 3294         appropriations; providing appropriations; authorizing
 3295         the Department of Revenue to adopt emergency rules for
 3296         specified purposes; providing effective dates.