November 30, 2020
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Amendment CaShTmL-360654.HTM
                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 2882
    Amendment No. ___   Barcode 360654
                            CHAMBER ACTION
              Senate                               House
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       04/14/2004 12:05 PM         .                    
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11  Senator Constantine moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 26, between lines 5 and 6,
15  
16  insert:  
17         Section 4.  Section 220.187, Florida Statutes, is
18  amended to read:
19         220.187  Credits for contributions to nonprofit
20  scholarship-funding organizations.--
21         (1)  PURPOSE.--The purpose of this section is to:
22         (a)  Encourage private, voluntary contributions to
23  nonprofit scholarship-funding organizations.
24         (b)  Expand educational opportunities for children of
25  families that have limited financial resources.
26         (c)  Enable children in this state to achieve a greater
27  level of excellence in their education.
28         (2)  DEFINITIONS.--As used in this section, the term:
29         (a)  "Department" means the Department of Revenue.
30         (a)(b)  "Eligible contribution" means a monetary
31  contribution from a taxpayer, subject to the restrictions
                                  1
    10:26 AM   04/13/04                             s2882c2c-22s22

SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 provided in this section, to an eligible nonprofit 2 scholarship-funding organization. The taxpayer making the 3 contribution may not designate a specific child as the 4 beneficiary of the contribution. The taxpayer may not 5 contribute more than $5 million to any single eligible 6 nonprofit scholarship-funding organization. 7 (b)(c) "Eligible private nonpublic school" means a 8 private nonpublic school, as defined in s. 1002.01(2), located 9 in Florida which that offers an education to students in any 10 grades K-12 and that meets the requirements in subsection (6) 11 (5). An eligible private school: 12 1. Must maintain a physical location in this state 13 where each scholarship student regularly attends classes. 14 2. May not be a correspondence school or distance 15 learning school. 16 3. May not direct or provide scholarship funds to a 17 parent of a scholarship student who receives instruction under 18 the program at home. 19 4. May not be a home education program as defined in 20 s. 1002.01(1). 21 (c)(d) "Eligible nonprofit scholarship-funding 22 organization" means a charitable organization that is exempt 23 from federal income tax pursuant to s. 501(c)(3) of the 24 Internal Revenue Code, incorporated under laws of this state, 25 and that complies with the provisions of subsection (4). 26 (d) "Owner" means the owner, president, chairperson of 27 the board of directors, superintendent, principal, or person 28 with equivalent decisionmaking authority who owns, operates, 29 or administers an eligible nonprofit scholarship-funding 30 organization or eligible private school. In addition, the term 31 "owner" means an individual who has access to or processes 2 10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 scholarship funds or eligible contributions at an eligible 2 nonprofit scholarship-funding organization or eligible private 3 school. 4 (e) "Qualified student" means a student who qualifies 5 for free or reduced-price school lunches under the National 6 School Lunch Act and who: 7 1. Was counted as a full-time equivalent student 8 during the previous state fiscal year for purposes of state 9 per-student funding; 10 2. Received a scholarship from an eligible nonprofit 11 scholarship-funding organization during the previous school 12 year; or 13 3. Is eligible to enter kindergarten or first grade. 14 15 A student is not eligible to receive a scholarship under this 16 section if the student is participating in the Opportunity 17 Scholarship Program under s. 1002.38, the John M. McKay 18 Scholarships for Students with Disabilities Program under s. 19 1002.39, or a home education program as defined in s. 20 1002.01(1). A student is not eligible to receive a scholarship 21 from more than one eligible nonprofit scholarship-funding 22 organization at the same time. 23 (3) AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX 24 CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.-- 25 (a) There is allowed a credit of 100 percent of an 26 eligible contribution against any tax due for a taxable year 27 under this chapter. However, such a credit may not exceed 75 28 percent of the tax due under this chapter for the taxable 29 year, after the application of any other allowable credits by 30 the taxpayer. However, at least 5 percent of the total 31 statewide amount authorized for the tax credit shall be 3 10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 reserved for taxpayers who meet the definition of a small 2 business provided in s. 288.703(1) at the time of application. 3 The credit granted by this section shall be reduced by the 4 difference between the amount of federal corporate income tax 5 taking into account the credit granted by this section and the 6 amount of federal corporate income tax without application of 7 the credit granted by this section. 8 (b) The total amount of tax credits and carryforward 9 of tax credits that which may be granted each state fiscal 10 year under this section is $88 million. One percent of the 11 total statewide amount authorized for the tax credit must be 12 reserved for taxpayers who are small businesses as defined in 13 s. 288.703(1) at the time of application. 14 (c) A taxpayer who files a Florida consolidated return 15 as a member of an affiliated group pursuant to s. 220.131(1) 16 may be allowed the credit on a consolidated return basis; 17 however, the total credit taken by the affiliated group is 18 subject to the limitation established under paragraph (a). 19 (d) A taxpayer may rescind its application for tax 20 credit under this section, and the amount approved in the 21 application for tax credit shall become available for purposes 22 of the cap for that state fiscal year under this section to an 23 eligible taxpayer as approved by the Department of Revenue, if 24 the taxpayer receives notice from the Department of Revenue 25 that the rescindment application has been accepted by the 26 Department of Revenue, the taxpayer has not previously 27 rescinded its application for tax credit under this section 28 more than once in the previous 3 tax years, and the taxpayer 29 has not made a contribution pursuant to its approved 30 application for tax credit under this section. Any amount 31 rescinded under this paragraph shall become available to an 4 10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 eligible taxpayer on a first-come, first-served basis based on 2 tax credit applications received after the date the 3 rescindment is accepted by the Department of Revenue. 4 (4) OBLIGATIONS OF ELIGIBLE NONPROFIT 5 SCHOLARSHIP-FUNDING ORGANIZATIONS.-- 6 (a) An eligible nonprofit scholarship-funding 7 organization shall provide scholarships, from eligible 8 contributions, to qualified students for: 9 1. Tuition or textbook expenses for, or transportation 10 to, an eligible private nonpublic school. At least 75 percent 11 of each the scholarship funding must be used to pay tuition 12 expenses; or 13 2. Transportation expenses to a Florida public school 14 that is located outside the district in which the student 15 resides. 16 (b) An eligible nonprofit scholarship-funding 17 organization shall give priority to qualified students who 18 received a scholarship from an eligible nonprofit 19 scholarship-funding organization during the previous school 20 year. 21 (c) The amount of a scholarship provided to any child 22 for any single school year by all eligible nonprofit 23 scholarship-funding organizations from eligible contributions 24 shall not exceed the following annual limits: 25 1. Three thousand five hundred dollars for a 26 scholarship awarded to a student enrolled in an eligible 27 private nonpublic school. 28 2. Five hundred dollars for a scholarship awarded to a 29 student enrolled in a Florida public school that is located 30 outside the district in which the student resides. 31 (d) The amount of an eligible contribution that which 5 10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 may be accepted by an eligible nonprofit scholarship-funding 2 organization is limited to the amount needed to provide 3 scholarships for qualified students that which the 4 organization has identified and for which vacancies in 5 eligible private nonpublic schools have been identified. 6 (e) An eligible nonprofit scholarship-funding 7 organization that receives an eligible contribution must spend 8 100 percent of the eligible contribution to provide 9 scholarships in the same state fiscal year in which the 10 contribution was received. No portion of eligible 11 contributions may be used for administrative expenses. All 12 interest accrued from contributions must be used for 13 scholarships. 14 (f) An eligible nonprofit scholarship-funding 15 organization that receives eligible contributions must provide 16 to the Auditor General and the Department of Education, within 17 180 days after completion of the organization's fiscal year, 18 an annual financial and compliance audit of its accounts and 19 records conducted by an independent certified public 20 accountant and in accordance with rules adopted by the Auditor 21 General. The Auditor General shall review all audit reports 22 submitted pursuant to this section. The Auditor General shall 23 request any significant items that were omitted in violation 24 of a rule adopted by the Auditor General. The items must be 25 provided within 45 days after the date of the request. If the 26 nonprofit scholarship-funding organization does not comply 27 with the Auditor General's request, the Auditor General shall 28 notify the Legislative Auditing Committee. The Legislative 29 Auditing Committee may schedule a hearing. If a hearing is 30 scheduled, the committee shall determine if the nonprofit 31 scholarship-funding organization should be subject to further 6 10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 state action. If the committee determines that the nonprofit 2 scholarship-funding organization should be subject to further 3 state action, the committee shall notify the Department of 4 Education, which shall terminate the eligibility of the 5 nonprofit scholarship-funding organization to participate in 6 the program under this section. 7 (g) An eligible nonprofit scholarship-funding 8 organization shall make payment of the scholarship, at a 9 minimum, on a quarterly basis. Payment of the scholarship by 10 the eligible nonprofit scholarship-funding organization shall 11 be by individual warrant or check made payable to the 12 student's parent. If the parent chooses for his or her child 13 to attend an eligible private nonpublic school, the warrant or 14 check must be mailed by the eligible nonprofit 15 scholarship-funding organization to the private nonpublic 16 school of the parent's choice, and the parent shall 17 restrictively endorse the warrant or check to the private 18 nonpublic school. An eligible nonprofit scholarship-funding 19 organization shall ensure that, upon receipt of a scholarship 20 warrant or check, the parent to whom the warrant or check is 21 made restrictively endorses the warrant or check to the 22 private nonpublic school of the parent's choice for deposit 23 into the account of the private nonpublic school. 24 (h) An eligible nonprofit scholarship-funding 25 organization may not commingle scholarship funds with any 26 other funds and must maintain a separate account for 27 scholarship funds. 28 (i) An eligible nonprofit scholarship-funding 29 organization shall obtain verification from a private school 30 of each student's continued attendance at the private school 31 prior to each scholarship payment. 7 10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 (j) An eligible nonprofit scholarship-funding 2 organization must verify the income of all scholarship 3 applicants participating in the program at least once each 4 school year through independent income documentation as 5 provided in rules of the State Board of Education. 6 (k) An eligible nonprofit scholarship-funding 7 organization must prepare and submit quarterly reports to the 8 Department of Education pursuant to subsection (8). In 9 addition, an eligible nonprofit scholarship-funding 10 organization must immediately submit to the Department of 11 Education any information requested by the Department of 12 Education relating to the scholarship program. 13 (l) All owners of a nonprofit scholarship-funding 14 organization shall, upon employment, entry into the contract, 15 or engagement to provide services, undergo background 16 screening pursuant to s. 435.04 by filing with the Department 17 of Education a complete set of fingerprints taken by an 18 authorized law enforcement agency or an employee of the 19 scholarship-funding organization who is trained to take 20 fingerprints. These fingerprints shall be submitted to the 21 Department of Law Enforcement for state processing, which 22 shall in turn submit the fingerprints to the Federal Bureau of 23 Investigation for federal processing. The Department of 24 Education shall screen the background results and report to 25 the scholarship-funding organization any owner who fails to 26 meet level 2 screening standards pursuant to s. 435.04 or any 27 owner who has been convicted of a crime involving moral 28 turpitude. Owners found through fingerprint processing to have 29 been convicted of a crime involving moral turpitude or failing 30 to meet level 2 screening standards pursuant to s. 435.04 may 31 not be employed, contracted with, or engaged to provide 8 10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 services in any position with the scholarship-funding 2 organization. The cost of the background screening may be 3 borne by the scholarship-funding organization or the owner. 4 1. Every 5 years following employment, entry into a 5 contract, or engagement to provide services with a 6 scholarship-funding organization, each owner must meet level 2 7 screening requirements as described in s. 435.04, at which 8 time the Department of Education shall request the Department 9 of Law Enforcement to forward the fingerprints to the Federal 10 Bureau of Investigation for level 2 screening. If the 11 fingerprints of an owner are not retained by the Department of 12 Law Enforcement under subparagraph 2., the owner must file a 13 complete set of fingerprints with the Department of Education. 14 Upon submission of fingerprints for this purpose, the 15 Department of Education shall request the Department of Law 16 Enforcement to forward the fingerprints to the Federal Bureau 17 of Investigation for level 2 screening, and the fingerprints 18 shall be retained by the Department of Law Enforcement under 19 subparagraph 2. The cost of the state and federal criminal 20 history check required by level 2 screening may be borne by 21 the scholarship-funding organization or the owner. Under 22 penalty of perjury, each owner must agree to inform the 23 scholarship-funding organization immediately if convicted of 24 any disqualifying offense while he or she is employed, under 25 contract, or engaged to provide services with the 26 scholarship-funding organization. If it is found that an owner 27 does not meet the level 2 requirements, the owner shall be 28 immediately suspended from working in that capacity and shall 29 remain suspended until final resolution of any appeals. 30 2. Beginning July 1, 2004, all fingerprints submitted 31 to the Department of Law Enforcement as required by paragraph 9 10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 (l), shall be retained by the Department of Law Enforcement in 2 a manner provided by rule and entered in the statewide 3 automated fingerprint identification system authorized by s. 4 943.05(2)(b). Such fingerprints shall thereafter be available 5 for all purposes and uses authorized for arrest fingerprint 6 cards entered in the statewide automated fingerprint 7 identification system pursuant to s. 943.051. 8 3. Beginning December 15, 2004, the Department of Law 9 Enforcement shall search all arrest fingerprint cards received 10 under s. 943.051 against the fingerprints retained in the 11 statewide automated fingerprint identification system under 12 subparagraph 2. Any arrest record that is identified with an 13 owner's fingerprints shall be reported to the Department of 14 Education. Each scholarship-funding organization shall 15 participate in this search process by paying an annual fee to 16 the Department of Law Enforcement and by informing the 17 Department of Law Enforcement of any change in the employment, 18 contractual status, or engagement status or place of 19 employment, contracting, or engagement of its owners whose 20 fingerprints are retained under subparagraph 2. The Department 21 of Law Enforcement shall adopt a rule setting the amount of 22 the annual fee to be imposed upon each scholarship-funding 23 organization for performing these searches and establishing 24 the procedures for the retention of owner fingerprints and the 25 dissemination of search results. The fee may be borne by the 26 scholarship-funding organization or by the owner. 27 (m) An eligible nonprofit scholarship-funding 28 organization must comply with the antidiscrimination 29 provisions of 42 U.S.C. s. 2000d. 30 (n) An eligible nonprofit scholarship-funding 31 organization or an owner of an eligible nonprofit 10 10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 scholarship-funding organization may not own, operate, or 2 administer an eligible private school participating in the 3 program. 4 (o) An eligible nonprofit scholarship-funding 5 organization must report to the Department of Education any 6 private school participating in the scholarship program under 7 this section which does not comply with the requirements of 8 the scholarship program. The eligible nonprofit 9 scholarship-funding organization may not provide additional 10 scholarship funds to a parent for a student to attend a 11 private school until the State Board of Education determines 12 that the school is in compliance with this section. 13 (p) An eligible nonprofit scholarship-funding 14 organization must allow a qualified student to attend any 15 eligible private school and must allow the parent to transfer 16 the scholarship during the school year to another eligible 17 private school of the parent's choice. 18 (q) An eligible nonprofit scholarship-funding 19 organization must provide a scholarship to a qualified student 20 on a first-come, first-served basis unless the student 21 qualifies for priority pursuant to paragraph (4)(b). An 22 eligible nonprofit scholarship-funding organization may not 23 target scholarships to a particular private school or provide 24 scholarships to a child of an owner. 25 (r) An eligible nonprofit scholarship-funding 26 organization may not transfer scholarship funds to another 27 eligible nonprofit scholarship-funding organization. 28 (s) An eligible nonprofit scholarship-funding 29 organization may not secure a promissory note, a line of 30 credit, or other financing to fund a scholarship in 31 anticipation of an eligible contribution. An eligible 11 10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 scholarship-funding organization may only fund scholarships 2 through eligible contributions received under the scholarship 3 program. 4 (t) A nonprofit scholarship-funding organization that 5 fails to comply with this section may not participate in the 6 scholarship program. 7 (5) PARENT OBLIGATIONS.-- 8 (a) As a condition for scholarship payment pursuant to 9 paragraph (4)(g), if the parent chooses for his or her child 10 to attend an eligible private nonpublic school, the parent 11 must inform the child's school district within 15 days after 12 such decision. 13 (b) Any student participating in the scholarship 14 program must remain in attendance throughout the school year, 15 unless excused by the school for illness or other good cause, 16 and must comply fully with the school's code of conduct. 17 (c) The parent of each student participating in the 18 scholarship program must comply fully with the eligible 19 private school's parental-involvement requirements unless 20 excused by the school for good cause. 21 (d) Upon receipt of scholarship funds from the 22 eligible nonprofit scholarship-funding organization, the 23 parent to whom the warrant is made must restrictively endorse 24 the warrant to the private school for deposit into the account 25 of the private school. The parent may not authorize the 26 eligible private school, its owners, or employees to act as an 27 attorney in fact for purposes of endorsing scholarship 28 warrants. 29 (e) The parent of each qualified student participating 30 in the scholarship program must ensure that the student 31 participates in the required testing pursuant to this section. 12 10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 (f) A student or parent who fails to comply with this 2 subsection forfeits the scholarship. 3 (6) ELIGIBLE PRIVATE NONPUBLIC SCHOOL OBLIGATIONS.--An 4 eligible private nonpublic school must: 5 (a) Demonstrate fiscal soundness by filing with being 6 in operation for one school year or provide the Department of 7 Education with a surety bond for the amount equal to the 8 scholarship amount for each quarter of the school year. The 9 surety bond must be filed at the time of the private school's 10 initial registration to participate in the program under this 11 section with the Department of Education and at each annual 12 registration period thereafter for a total of 3 consecutive 13 years. This requirement does not apply to an eligible private 14 school that: 15 1. Has participated in the program for 3 consecutive 16 years or longer; and 17 2. Has had no action taken by the Department of 18 Education against the private school for any violation of this 19 section for 3 consecutive years or longer. 20 21 However, any private school that was subject to an action 22 taken by the Department of Education for any violation of this 23 section shall, following the date on which action was taken 24 against the private school for a violation of this section, 25 but prior to receiving the next quarterly payment, and for 2 26 additional consecutive years thereafter, file a surety bond 27 with the Department of Education. statement by a certified 28 public accountant confirming that the nonpublic school 29 desiring to participate is insured and the owner or owners 30 have sufficient capital or credit to operate the school for 31 the upcoming year serving the number of students anticipated 13 10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 with expected revenues from tuition and other sources that may 2 be reasonably expected. In lieu of such a statement, a surety 3 bond or letter of credit for the amount equal to the 4 scholarship funds for any quarter may be filed with the 5 department. 6 (b) Comply with the antidiscrimination provisions of 7 42 U.S.C. s. 2000d. 8 (c) Meet state and local health and safety laws and 9 codes. 10 (d) Comply with all state laws relating to general 11 regulation of private nonpublic schools. 12 (e) Employ or contract with teachers who have regular 13 and direct contact with each student receiving a scholarship 14 under this section at the school's physical location. All 15 teachers must hold at least a baccalaureate degree or have at 16 least 3 years' teaching experience in public or private 17 schools or have special skills, knowledge, or expertise that 18 qualifies them to provide instruction in subjects taught. As 19 part of the sworn-compliance form authorized under subsection 20 (7), an eligible private school must report to the Department 21 of Education the number of teachers employed or under contract 22 with the private school, along with the manner in which the 23 teacher meets the requirements of this paragraph. 24 (f) Annually register with the Department of 25 Education. Each private school must annually provide the 26 following information to the Department of Education: 27 1. The legal business and trade names, mailing 28 address, and business location of the private school; 29 2. The legal name, mailing address, and telephone 30 numbers of an owner of the private school; 31 3. A list of students at the private school receiving 14 10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 a scholarship under this section; and 2 4. A notification of the private school's intent to 3 participate in the program under this section. 4 (g) Ensure that all personnel who are hired, 5 contracted, or engaged to provide services to fill positions 6 requiring direct contact with students in the private school, 7 and all owners of a private school shall, upon employment, 8 entry into the contract, engagement to provide services, or 9 assumption of a position of ownership, a position of 10 decisionmaking authority, or a position having access to 11 scholarship funds, undergo background screening pursuant to s. 12 435.04 by filing with the Department of Education a complete 13 set of fingerprints taken by an authorized law enforcement 14 agency or an employee of the private school who is trained to 15 take fingerprints. These fingerprints shall be submitted to 16 the Department of Law Enforcement for state processing, which 17 shall in turn submit the fingerprints to the Federal Bureau of 18 Investigation for federal processing. The Department of 19 Education shall screen the background results and report to 20 the private school any person described in this paragraph who 21 fails to meet level 2 screening standards pursuant to s. 22 435.04 or any person described in this paragraph who has been 23 convicted of a crime involving moral turpitude. Employees, 24 contractors, personnel engaged to provide services, or owners 25 found through fingerprint processing to have been convicted of 26 a crime involving moral turpitude or failing to meet level 2 27 screening standards pursuant to s. 435.04 may not be employed, 28 contracted with, or engaged to provide services in any 29 position in the private school requiring direct contact with 30 students, and may not assume a position of ownership, a 31 position of decisionmaking authority, or a position having 15 10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 access to scholarship funds. The cost of the background 2 screening may be borne by the private school, the employee, 3 the contractor, the person engaged to provide services, or the 4 owner. 5 1. Every 5 years each person described in this 6 paragraph must meet level 2 screening requirements as 7 described in s. 435.04, at which time the Department of 8 Education shall request the Department of Law Enforcement to 9 forward the fingerprints to the Federal Bureau of 10 Investigation for level 2 screening. If the fingerprints of a 11 person described in this paragraph are not retained by the 12 Department of Law Enforcement under subparagraph 2., the 13 person must file a complete set of fingerprints with the 14 Department of Education. Upon submission of fingerprints for 15 this purpose, the Department of Education shall request the 16 Department of Law Enforcement to forward the fingerprints to 17 the Federal Bureau of Investigation for level 2 screening, and 18 the fingerprints shall be retained by the Department of Law 19 Enforcement under subparagraph 2. The cost of the state and 20 federal criminal history check required by level 2 screening 21 may be borne by the private school, the employee, the 22 contractor, the person engaged to provide services, or the 23 owner. Under penalty of perjury, each person described in this 24 paragraph must agree to inform the private school immediately 25 if convicted of any disqualifying offense while in a capacity 26 with the private school as described in this paragraph. If it 27 is found that a person described in this paragraph does not 28 meet the level 2 requirements, the person shall be immediately 29 suspended from working in that capacity and shall remain 30 suspended until final resolution of any appeals. 31 2. Beginning July 1, 2004, all fingerprints submitted 16 10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 to the Department of Law Enforcement as required by this 2 paragraph shall be retained by the Department of Law 3 Enforcement in a manner provided by rule and entered in the 4 statewide automated fingerprint identification system 5 authorized by s. 943.05(2)(b). Such fingerprints shall 6 thereafter be available for all purposes and uses authorized 7 for arrest fingerprint cards entered in the statewide 8 automated fingerprint identification system pursuant to s. 9 943.051. 10 3. Beginning December 15, 2004, the Department of Law 11 Enforcement shall search all arrest fingerprint cards received 12 under s. 943.051 against the fingerprints retained in the 13 statewide automated fingerprint identification system under 14 subparagraph 2. Any arrest record that is identified with the 15 fingerprints of a person described in this paragraph shall be 16 reported to the Department of Education. Each eligible private 17 school shall participate in this search process by paying an 18 annual fee to the Department of Law Enforcement and by 19 informing the Department of Law Enforcement of any change in 20 the status or place of employment, contracting, or engagement 21 of services of its personnel as described in this paragraph 22 whose fingerprints are retained under subparagraph 2. The 23 Department of Law Enforcement shall adopt a rule setting the 24 amount of the annual fee to be imposed upon each private 25 school for performing these searches and establishing the 26 procedures for the retention of private school personnel 27 fingerprints and the dissemination of search results. The fee 28 may be borne by the private school, the employee, the 29 contracted person, the person engaged to provide services, or 30 the owner. 31 (h) Annually administer or make provisions for 17 10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 scholarship students to take the Iowa Test of Basic Skills, 2 the Stanford-9, or the Florida Comprehensive Assessment Test, 3 or subsequent versions of these tests. A participating private 4 school must report a student's scores to the parent and to the 5 independent private research organization selected by the 6 Department of Education pursuant to subsection (7). 7 (i) Annually comply with the Department of Education's 8 affidavit requirements as provided in subsection (8). 9 (j) Notify in writing the Department of Education and 10 the nonprofit scholarship-funding organization within 7 days 11 if a student is ineligible to participate in the scholarship 12 program. 13 (k) Publish and report annually to the Department of 14 Education and distribute to the scholarship applicants if the 15 school has been in existence for 3 years or less. 16 (l) Publish and report annually to the Department of 17 Education and distribute to the scholarship applicants: 18 1. Whether the private school is accredited by an in 19 state or regional accrediting association that is validated by 20 a third-party accreditor at the state or national level which 21 has been in existence at least 3 years; 22 2. The name of the accrediting association that 23 accredits the private school; and 24 3. Whether the private school is in the process of 25 receiving candidate status. 26 27 The Department of Education shall make the annual list of 28 accredited and nonaccredited private schools available to the 29 public and shall make that list available by county. 30 (m) Comply with this section's requirements. A private 31 school that fails to comply with this section is ineligible to 18 10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 participate in the scholarship program under this section. 2 (7) DEPARTMENT OF EDUCATION; RESPONSIBILITIES.--The 3 Department of Education must: 4 (a) Annually submit, by March 15, to the Department of 5 Revenue a list of eligible nonprofit scholarship-funding 6 organizations that meet the requirements of this section. 7 (b) Annually determine the eligibility of nonprofit 8 scholarship-funding organizations that meet the requirements 9 of this section. The Department of Education must determine 10 the eligibility of the nonprofit scholarship-funding 11 organization within 90 days after the nonprofit 12 scholarship-funding organization's application for approval to 13 participate in the program. The Department of Education must 14 provide written notice of approval or denial to participate in 15 the program to the nonprofit scholarship-funding organization. 16 The notice must contain the specific reasons for approval or 17 denial. 18 (c) Annually determine the eligibility of private 19 schools that meet the requirements of this section. The 20 Department of Education must maintain a list of eligible 21 private schools, and that list must be made accessible to the 22 public. 23 (d) Annually verify the eligibility of students that 24 meet the requirements of this section. The Department of 25 Education must maintain a database of students participating 26 in the program. The Department of Education must, at least 27 quarterly, update its database to ensure that a student 28 continues to meet the requirements of this section. The 29 Department of Education must immediately notify an eligible 30 nonprofit scholarship-funding organization of any student that 31 fails to meet the requirements of this section. 19 10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 (e) Annually account for and verify the eligibility of 2 expenditures under this section. 3 (f) Annually review all audit reports of nonprofit 4 scholarship-funding organizations for compliance with this 5 section. 6 (g) Annually submit, administer, and retain records of 7 affidavits from private schools certifying compliance with 8 this section. 9 (h) Select an independent private research 10 organization to which participating private schools must 11 report the scores of participating students on the Iowa Test 12 of Basic Skills, the Stanford-9, or the Florida Comprehensive 13 Assessment Test, or subsequent versions of these tests 14 administered by the private school. The independent private 15 research organization must annually report to the Department 16 of Education on the year-to-year improvements of the 17 participating students. The independent research organization 18 must analyze and report student performance data, including 19 student scores by grade level, in a manner that protects the 20 rights of students and parents as mandated in 20 U.S.C. s. 21 1232g and must not disaggregate data to a level that will 22 disclose the identity of students or of private schools. To 23 the extent possible, the independent private research 24 organization must accumulate historical performance data on 25 students from the Department of Education and private schools 26 to describe baseline performance and to conduct longitudinal 27 studies. 28 (i) Revoke the eligibility of a nonprofit 29 scholarship-funding organization, private school, or student 30 to participate in the program for noncompliance with this 31 section. 20 10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 (j) Annually report, by December 15, to the Governor, 2 the President of the Senate, and the Speaker of the House of 3 Representatives of the Department of Education's actions with 4 respect to implementing accountability in the scholarship 5 program under this section including, but not limited to, any 6 substantiated allegations or violations of law or rule by a 7 nonprofit scholarship-funding organization or private school 8 under this program and the corrective action taken by the 9 Department of Education. 10 (8)(7) ADMINISTRATION; RULES.-- 11 (a) If the credit granted pursuant to this section is 12 not fully used in any one year because of insufficient tax 13 liability on the part of the corporation, the unused amount 14 may be carried forward for a period not to exceed 3 years; 15 however, any taxpayer that seeks to carry forward an unused 16 amount of tax credit must submit an application for allocation 17 of tax credits or carryforward credits as required in 18 paragraph (d) in the year that the taxpayer intends to use the 19 carryforward. The total amount of tax credits and carryforward 20 of tax credits granted each state fiscal year under this 21 section is $88 million. This carryforward applies to all 22 approved contributions made after January 1, 2002. A taxpayer 23 may not convey, assign, or transfer the credit authorized by 24 this section to another entity unless all of the assets of the 25 taxpayer are conveyed, assigned, or transferred in the same 26 transaction. 27 (b) An application for a tax credit pursuant to this 28 section shall be submitted to the Department of Revenue on 29 forms established by rule of the Department of Revenue. 30 (c) The Department of Revenue and the Department of 31 Education shall develop a cooperative agreement to assist in 21 10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 the administration of this section. The Department of 2 Education shall be responsible for annually submitting, by 3 March 15, to the department a list of eligible nonprofit 4 scholarship-funding organizations that meet the requirements 5 of paragraph (2)(d) and for monitoring eligibility of 6 nonprofit scholarship-funding organizations that meet the 7 requirements of paragraph (2)(d), eligibility of nonpublic 8 schools that meet the requirements of paragraph (2)(c), and 9 eligibility of expenditures under this section as provided in 10 subsection (4). 11 (d) The Department of Revenue shall adopt rules 12 necessary to administer this section, including rules 13 establishing application forms and procedures and governing 14 the allocation of tax credits and carryforward credits under 15 this section on a first-come, first-served basis. 16 (e) The State Board of Education Department of 17 Education shall adopt rules pursuant to ss. 120.536(1) and 18 120.54 to administer this section, including, but not limited 19 to, rules: necessary to 20 1. Determining determine eligibility of nonprofit 21 scholarship-funding organizations and private schools; as 22 defined in paragraph (2)(d) and according to the provisions of 23 subsection (4) and 24 2. Identifying identify qualified students; as defined 25 in paragraph (2)(e). 26 3. Identifying the documentation required to establish 27 eligibility for nonprofit scholarship-funding organizations; 28 4. Requiring an affidavit, which comports with this 29 section's requirements for private schools that participate in 30 the scholarship program; and 31 5. Identifying the independent income-verification 22 10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 documentation required to establish student eligibility under 2 this section. 3 (f) The State Board of Education may delegate its 4 authority under this section to the Commissioner of Education 5 with the exception of rulemaking authority. 6 (9)(8) DEPOSITS OF ELIGIBLE CONTRIBUTIONS.--All 7 eligible contributions received by an eligible nonprofit 8 scholarship-funding organization shall be deposited in a 9 manner consistent with s. 17.57(2). 10 11 (Redesignate subsequent sections.) 12 13 14 ================ T I T L E A M E N D M E N T =============== 15 And the title is amended as follows: 16 On page 1, line 2, through 17 page 4, line 14, delete those lines 18 19 and insert: 20 An act relating to scholarship programs; 21 amending s. 1002.39, F.S., relating to the John 22 M. McKay Scholarships for Students with 23 Disabilities Program; revising the definition 24 of an eligible student; revising the 25 eligibility requirements of the program to 26 extend the term of the scholarship; prohibiting 27 certain students from receiving a scholarship; 28 revising the parental notification 29 requirements; authorizing certain scholarship 30 students to participate in a distance learning 31 or correspondence course under certain 23 10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 circumstances; providing a definition of timely 2 parental notification; providing requirements 3 for district school boards with respect to 4 completing and making changes to the matrix of 5 services for scholarship students; requiring 6 school districts to provide parental 7 notification related to reassessments; revising 8 requirements that a participating private 9 school demonstrate fiscal soundness; requiring 10 a surety bond; providing an exception; 11 requiring annual registration of private 12 schools; providing requirements for 13 documentation and notice; providing additional 14 requirements for participating private schools; 15 requiring annual sworn and notarized compliance 16 statements to be filed with the department; 17 requiring specific documentation for 18 participating scholarship students; requiring 19 that the private school maintain a physical 20 location in this state; requiring that 21 information be made available to potential 22 scholarship students and the department; 23 requiring scholarship students to participate 24 in assessments; requiring notification to 25 parents regarding student skill levels; 26 requiring notification to the department 27 regarding changes in information; requiring 28 notification to local health departments; 29 requiring certain individuals to undergo level 30 2 background screening requirements pursuant to 31 s. 435.04, F.S.; providing for the Department 24 10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 of Law Enforcement to retain and search 2 fingerprint records; providing for an annual 3 fee as provided by rule of the Department of 4 Law Enforcement; requiring that costs of 5 background checks be borne by certain parties; 6 prohibiting a private school from acting as an 7 attorney in fact for the parent of a 8 scholarship student or endorsing scholarship 9 warrants on behalf of a parent; prohibiting 10 participating private schools from sending or 11 directing scholarship funds to parents of a 12 scholarship student who receives instruction at 13 home; prohibiting a participating school from 14 being a correspondence or distance learning 15 school; prohibiting a participating school from 16 accepting students pending verification of 17 information; authorizing a participating 18 private school to request, and the department 19 to grant, closed-enrollment status for a 20 school; prohibiting the parent of a scholarship 21 student from designating a participating 22 private school as the parent's attorney in fact 23 to sign a scholarship warrant; clarifying that 24 the school district must report to the 25 department the students who are attending a 26 private school under the program; establishing 27 additional obligations of the Department of 28 Education; requiring the department to review, 29 approve, and verify information and review 30 background checks; requiring the department to 31 determine the eligibility of a private school 25 10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 to participate in the program; requiring the 2 department to publish an on-line list of 3 current eligible private schools; requiring the 4 department to deny or refuse to allow the 5 participation of a private school for failing 6 to meet certain requirements; requiring the 7 department to issue a notice of noncompliance 8 for minor violations; providing for an 9 emergency order revoking the registration of a 10 private school for failing to satisfy the 11 requirements in the notice; requiring the 12 Department of Education to immediately revoke 13 the registration of a private school for 14 certain other violations; requiring the 15 department to revoke the scholarship for a 16 participant for failing to comply with 17 statutory requirements or for engaging in 18 specified practices; requiring the department 19 to conduct investigations of legally sufficient 20 complaints of violations; authorizing the 21 department to require supporting information or 22 documentation; authorizing the Department of 23 Education to change the matrix of services 24 under certain circumstances; providing for 25 audits by the Auditor General; providing 26 requirements for the audits; requiring the 27 State Board of Education to adopt rules; 28 specifying the required rules; requiring the 29 State Board of Education to initiate the 30 adoption of rules by a time certain and report 31 to the Legislature; providing exceptions for 26 10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 certain participating private schools subject 2 to specific conditions; amending s. 220.187, 3 F.S., relating to the Corporate Tax Credit 4 Scholarship Program; providing definitions; 5 prohibiting certain private schools and other 6 entities from participating in the scholarship 7 program; prohibiting certain students from 8 participating in the scholarship program; 9 revising limitations on the allocation of 10 annual credits granted under the program; 11 providing limitations on eligible 12 contributions; requiring the Auditor General to 13 review certain audits, request certain 14 information, and report to the Legislative 15 Auditing Committee any findings of 16 noncompliance; authorizing the Legislative 17 Auditing Committee to conduct hearings and 18 compel the Department of Education to revoke 19 eligibility of certain nonprofit 20 scholarship-funding organizations; providing 21 for audit reports to be submitted to the 22 Department of Education; requiring audits be 23 conducted within 180 days after completion of 24 the nonprofit scholarship-funding 25 organization's fiscal year; requiring a 26 nonprofit scholarship-funding organization to 27 make scholarship payments at least on a 28 quarterly basis; prohibiting commingling of 29 certain scholarship funds; requiring a 30 nonprofit scholarship-funding organization to 31 maintain a separate account for scholarship 27 10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 funds; requiring a nonprofit 2 scholarship-funding organization to verify 3 student attendance at a private school prior to 4 submission of scholarship funds; requiring a 5 nonprofit scholarship-funding organization to 6 verify income eligibility of qualified students 7 at least once a year in accordance with State 8 Board of Education rules; requiring a nonprofit 9 scholarship-funding organization to submit 10 certain reports to the Department of Education; 11 requiring certain individuals to undergo level 12 2 background screening requirements pursuant to 13 s. 435.04, F.S.; providing for the Department 14 of Law Enforcement to retain and search 15 fingerprint records; providing for an annual 16 fee as provided by rule of the Department of 17 Law Enforcement; requiring costs of background 18 checks be borne by certain parties; requiring a 19 nonprofit scholarship-funding organization 20 comply with antidiscrimination provisions of 42 21 U.S.C. s. 2000d; prohibiting an owner or a 22 nonprofit scholarship-funding organization from 23 owning, operating, or administering an eligible 24 private school under the scholarship program; 25 requiring a nonprofit scholarship-funding 26 organization to report any private school not 27 in compliance with scholarship program 28 requirements to the Department of Education; 29 prohibiting provision of scholarship funds to a 30 student to attend a private school not in 31 compliance; authorizing a parent to transfer 28 10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 the scholarship; requiring award of 2 scholarships on a first-come, first-served 3 basis; prohibiting a nonprofit 4 scholarship-funding organization from targeting 5 certain students for scholarships; prohibiting 6 the award of scholarships to a child of an 7 owner of a nonprofit scholarship-funding 8 organization; prohibiting the transfer of an 9 eligible contribution between nonprofit 10 scholarship-funding organizations; prohibiting 11 a nonprofit scholarship-funding organization 12 from securing financing in anticipation of 13 eligible contributions; prohibiting a nonprofit 14 scholarship-funding organization from 15 participating in the program if the 16 organization fails to meet statutory 17 obligations; requiring students to meet certain 18 attendance policies; requiring parents to meet 19 certain parental involvement requirements 20 unless excused; prohibiting a parent from 21 authorizing a power of attorney for endorsement 22 of scholarship warrant; requiring a parent to 23 ensure that a scholarship student participates 24 in testing requirements; prohibiting a student 25 or parent of a student from participating in 26 the scholarship program if the student or 27 parent fails to meet statutory obligations; 28 revising provisions with respect to private 29 schools; revising requirements that a 30 participating private school demonstrate fiscal 31 soundness; requiring a surety bond; providing 29 10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 an exception; requiring a private school to 2 employ or contract with teachers who have 3 regular and direct contact with students at the 4 school's physical location; requiring the 5 private schools to employ or contract with 6 teachers who have at least a baccalaureate 7 degree, 3 years of teaching experience at a 8 public or private school, or other skills that 9 qualify the teacher to provide appropriate 10 instruction; requiring a private school to 11 report to the Department of Education the 12 qualifications of teachers; requiring a private 13 school to annually register with the Department 14 of Education and provide certain information 15 concerning the private school organization, 16 student list, and notice of intent to 17 participate in the scholarship program; 18 requiring certain individuals to undergo level 19 2 background screening requirements pursuant to 20 s. 435.04, F.S.; providing for the Department 21 of Law Enforcement to retain and search 22 fingerprint records; providing for an annual 23 fee as provided by rule of the Department of 24 Law Enforcement; requiring costs of background 25 checks be borne by certain parties; requiring a 26 private school to administer or to make 27 provision for administering certain tests to 28 scholarship students; requiring reporting of 29 scores to the student's parent and to the 30 independent private research organization 31 selected by the Department of Education; 30 10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 requiring a private school to file an 2 affidavit; requiring a private school to notify 3 the Department of Education in writing within 7 4 days if a student is ineligible to participate 5 in the scholarship program; requiring a private 6 school to report to the Department of Education 7 and distribute to scholarship applicants 8 information concerning accreditation and years 9 in existence; requiring the Department of 10 Education to make certain information 11 concerning private school accreditation 12 available to the public; prohibiting a private 13 school from participating in the scholarship 14 program if the private school fails to meet its 15 statutory obligations; requiring the Department 16 of Education to determine the eligibility of 17 certain nonprofit scholarship-funding 18 organizations within 90 days after application; 19 requiring a written notice with specific 20 reasons for approval or denial; requiring the 21 Department of Education to annually determine 22 the eligibility of nonprofit 23 scholarship-funding organizations and private 24 schools; requiring the Department of Education 25 to make accessible to the public a list of 26 eligible private schools; requiring the 27 Department of Education to annually verify the 28 eligibility of students; requiring the 29 Department of Education to maintain a student 30 database of program participants and to update 31 the database at least quarterly; requiring the 31 10:26 AM 04/13/04 s2882c2c-22s22
SENATE AMENDMENT Bill No. CS for CS for SB 2882 Amendment No. ___ Barcode 360654 1 Department of Education to notify a nonprofit 2 scholarship-funding organization of any 3 ineligible student; requiring the Department of 4 Education to annually account for and verify 5 the eligibility of program expenditures; 6 requiring the Department of Education to review 7 audits; requiring the Department of Education 8 to select an independent private research 9 organization for reporting of student scores; 10 providing limitations on reporting; requiring 11 the Department of Education to revoke the 12 eligibility of program participants for failure 13 to comply with statutory obligations; requiring 14 the Department of Education to annually report 15 on accountability activities; requiring the 16 State Board of Education to adopt rules 17 regarding identification of documentation to 18 establish eligibility of nonprofit 19 scholarship-funding organizations, requiring an 20 affidavit, and identification of independent 21 income verification for determining the 22 eligibility of students; authorizing the State 23 Board of Education to delegate its authority to 24 the Commissioner of Education with the 25 exception of rulemaking authority; providing an 26 effective 27 28 29 30 31 32 10:26 AM 04/13/04 s2882c2c-22s22
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