Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for HB 7055
       
       
       
       
       
       
                                Ì7340587Î734058                         
       
                              LEGISLATIVE ACTION                        
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       Senators Passidomo and Galvano moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 212.099, Florida Statutes, is created to
    6  read:
    7         212.099 Florida Sales Tax Credit Scholarship Program.—
    8         (1) As used in this section, the term:
    9         (a) “Eligible business” means a tenant or person actually
   10  occupying, using, or entitled to the use of any property from
   11  which the rental or license fee is subject to taxation under s.
   12  212.031.
   13         (b) “Eligible contribution” or “contribution” means a
   14  monetary contribution from an eligible business to an eligible
   15  nonprofit scholarship-funding organization to be used pursuant
   16  to s. 1002.385 or s. 1002.395. The eligible business making the
   17  contribution may not designate a specific student as the
   18  beneficiary of the contribution.
   19         (c) “Eligible nonprofit scholarship-funding organization”
   20  or “organization” has the same meaning as provided in s.
   21  1002.395(2)(f).
   22         (2) An eligible business shall be granted a credit against
   23  the tax imposed under s. 212.031 and collected from the eligible
   24  business by a dealer. The credit shall be in an amount equal to
   25  100 percent of an eligible contribution made to an organization.
   26         (3) A dealer shall take a credit against the tax imposed
   27  under s. 212.031 in an amount equal to the credit taken by the
   28  eligible business under subsection (2).
   29         (4)(a) An eligible business must apply to the department
   30  for an allocation of tax credits under this section. The
   31  eligible business must specify in the application the state
   32  fiscal year during which the contribution will be made, the
   33  organization that will receive the contribution, the planned
   34  amount of the contribution, the address of the property from
   35  which the rental or license fee is subject to taxation under s.
   36  212.031, and the federal employer identification number of the
   37  dealer who collects the tax imposed under s. 212.031 from the
   38  eligible business and who will reduce collection of taxes from
   39  the eligible business pursuant to this section. The department
   40  shall approve allocations of tax credits on a first-come, first
   41  served basis and shall provide to the eligible business a
   42  separate approval or denial letter for each dealer for which the
   43  eligible business applied for an allocation of tax credits.
   44  Within 10 days after approving or denying an application, the
   45  department shall provide a copy of its approval or denial letter
   46  to the organization specified by the eligible business in the
   47  application. An approval letter must include the name and
   48  federal employer identification number of the dealer from whom a
   49  credit under this section can be taken and the amount of tax
   50  credits approved for use with that dealer.
   51         (b) Upon receipt of an eligible contribution, the
   52  organization shall provide the eligible business that made the
   53  contribution with a separate certificate of contribution for
   54  each dealer from whom a credit can be taken as approved under
   55  paragraph (a). A certificate of contribution must include the
   56  contributor’s name and, if available, federal employer
   57  identification number, the amount contributed, the date of
   58  contribution, the name of the organization, and the name and
   59  federal employer identification number of the dealer.
   60         (5) Each dealer that receives from an eligible business a
   61  copy of the department’s approval letter and a certificate of
   62  contribution, both of which identify the dealer as the dealer
   63  who collects the tax imposed under s. 212.031 from the eligible
   64  business and who will reduce collection of taxes from the
   65  eligible business pursuant to this section, shall reduce the tax
   66  collected from the eligible business under s. 212.031 by the
   67  total amount of contributions indicated in the certificate of
   68  contribution. The reduction may not exceed the amount of credit
   69  allocation approved by the department and may not exceed the
   70  amount of tax that would otherwise be collected from the
   71  eligible business by a dealer when a payment is made under the
   72  rental or license fee arrangement. However, payments by an
   73  eligible business to a dealer may not be reduced before October
   74  1, 2018.
   75         (a) If the total amount of credits an eligible business may
   76  take cannot be fully used within any period that a payment is
   77  due under the rental or license fee arrangement because of an
   78  insufficient amount of tax that the dealer would collect from
   79  the eligible business during that period, the unused amount may
   80  be carried forward for a period not to exceed 10 years.
   81         (b) A tax credit may not be claimed on an amended return or
   82  through a refund.
   83         (c) A dealer that claims a tax credit must file returns and
   84  pay taxes by electronic means under s. 213.755.
   85         (d) An eligible business may not convey, assign, or
   86  transfer an approved tax credit or a carryforward tax credit to
   87  another entity unless all of the assets of the eligible business
   88  are conveyed, assigned, or transferred in the same transaction
   89  and the successor business continues the same lease with the
   90  dealer.
   91         (e) Within any state fiscal year, an eligible business may
   92  rescind all or part of a tax credit approved under this section.
   93  The amount rescinded shall become available for that state
   94  fiscal year to another eligible business as approved by the
   95  department if the business receives notice from the department
   96  that the rescindment has been accepted by the department. Any
   97  amount rescinded under this subsection shall become available to
   98  an eligible business on a first-come, first-served basis based
   99  on tax credit applications received after the date the
  100  rescindment is accepted by the department.
  101         (f) Within 10 days after the rescindment of a tax credit
  102  under paragraph (e) of this subsection is accepted by the
  103  department, the department shall notify the eligible nonprofit
  104  scholarship-funding organization specified by the eligible
  105  business. The department shall also include the eligible
  106  nonprofit scholarship-funding organization specified by the
  107  eligible business on all letters or correspondence of
  108  acknowledgment for tax credits under this section.
  109         (6) An organization shall report to the department, on or
  110  before the 20th day of each month, the total amount of
  111  contributions received pursuant to subsection (4) in the
  112  preceding calendar month on a form provided by the department.
  113  Such report shall include the amount of contributions received
  114  during that reporting period and the federal employer
  115  identification number of each dealer associated with the
  116  contribution.
  117         (7)(a) Eligible contributions may be used to fund the
  118  program established under s. 1002.385 if funds appropriated in a
  119  state fiscal year for the program are insufficient to fund
  120  eligible students.
  121         (b) If the conditions in paragraph (a) are met, the
  122  organization shall first use eligible contributions received
  123  during a state fiscal year to fund scholarships for students in
  124  the priority set forth in s. 1002.385(12)(d). Remaining
  125  contributions may be used to fund scholarships for students
  126  eligible pursuant to s. 1002.395(3)(b)1. or 2.
  127         (c) The organization shall separately account for each
  128  scholarship funded pursuant to this section.
  129         (d) Notwithstanding s. 1002.385(6)(b), any funds remaining
  130  from a closed scholarship account funded pursuant to this
  131  section shall be used to fund other scholarships pursuant to s.
  132  1002.385.
  133         (e) The organization may, subject to the limitations of s.
  134  1002.395(6)(j)1., use up to 3 percent of eligible contributions
  135  received during the state fiscal year in which such
  136  contributions are collected for administrative expenses.
  137         (8) The sum of tax credits that may be approved by the
  138  department in any state fiscal year is $_57.5 million.
  139         (9) For purposes of the distributions of tax revenue under
  140  s. 212.20, the department shall disregard any tax credits
  141  allowed under this section to ensure that any reduction in tax
  142  revenue received that is attributable to the tax credits results
  143  only in a reduction in distributions to the General Revenue
  144  Fund.
  145         (10) The department may adopt rules to administer this
  146  section.
  147         Section 2. Section 212.1831, Florida Statutes, is amended
  148  to read
  149         212.1831 Credit for contributions to eligible nonprofit
  150  scholarship-funding organizations.—There is allowed a credit of
  151  100 percent of an eligible contribution made to an eligible
  152  nonprofit scholarship-funding organization under s. 1002.395
  153  against any tax imposed by the state and due under this chapter
  154  from a direct pay permit holder as a result of the direct pay
  155  permit held pursuant to s. 212.183. For purposes of the dealer’s
  156  credit granted for keeping prescribed records, filing timely tax
  157  returns, and properly accounting and remitting taxes under s.
  158  212.12, the amount of tax due used to calculate the credit shall
  159  include any eligible contribution made to an eligible nonprofit
  160  scholarship-funding organization from a direct pay permit
  161  holder. For purposes of the distributions of tax revenue under
  162  s. 212.20, the department shall disregard any tax credits
  163  allowed under this section to ensure that any reduction in tax
  164  revenue received that is attributable to the tax credits results
  165  only in a reduction in distributions to the General Revenue
  166  Fund. The provisions of s. 1002.395 apply to the credit
  167  authorized by this section.
  168         Section 3. Effective upon this act becoming a law, section
  169  212.1832, Florida Statutes, is created to read:
  170         212.1832 Credit for contributions to the Hope Scholarship
  171  Program.—
  172         (1) The purchaser of a motor vehicle shall be granted a
  173  credit of 100 percent of an eligible contribution made to an
  174  eligible nonprofit scholarship-funding organization under s.
  175  1002.40 against any tax imposed by the state under this chapter
  176  and collected from the purchaser by a dealer, designated agent,
  177  or private tag agent as a result of the purchase or acquisition
  178  of a motor vehicle on or after October 1, 2018, except that a
  179  credit may not exceed the tax that would otherwise be collected
  180  from the purchaser by a dealer, designated agent, or private tag
  181  agent. For purposes of this subsection, the term “purchase” does
  182  not include the lease or rental of a motor vehicle.
  183         (2) A dealer shall take a credit against any tax imposed by
  184  the state under this chapter on the purchase of a motor vehicle
  185  in an amount equal to the credit granted to the purchaser under
  186  subsection (1).
  187         (3) For purposes of the distributions of tax revenue under
  188  s. 212.20, the department shall disregard any tax credits
  189  allowed under this section to ensure that any reduction in tax
  190  revenue received that is attributable to the tax credits results
  191  only in a reduction in distributions to the General Revenue
  192  Fund. The provisions of s. 1002.40 apply to the credit
  193  authorized by this section.
  194         Section 4. Effective upon this act becoming a law,
  195  subsection (21) is added to section 213.053, Florida Statutes,
  196  to read:
  197         213.053 Confidentiality and information sharing.—
  198         (21)(a)For purposes of this subsection, the term:
  199         1. “Eligible nonprofit scholarship-funding organization”
  200  means an eligible nonprofit scholarship-funding organization as
  201  defined in s. 1002.395(2) that meets the criteria in s.
  202  1002.395(6) to use up to 3 percent of eligible contributions for
  203  administrative expenses.
  204         2. “Taxpayer” has the same meaning as in s. 220.03, unless
  205  disclosure of the taxpayer’s name and address would violate any
  206  term of an information-sharing agreement between the department
  207  and an agency of the Federal Government.
  208         (b) The department, upon request, shall provide to an
  209  eligible nonprofit scholarship-funding organization that
  210  provides scholarships under s. 1002.395 a list of the 200
  211  taxpayers with the greatest total corporate income or franchise
  212  tax due as reported on the taxpayer’s return filed pursuant to
  213  s. 220.22 during the previous calendar year. The list must be in
  214  alphabetical order based on the taxpayer’s name and shall
  215  contain the taxpayer’s address. The list may not disclose the
  216  amount of tax owed by any taxpayer.
  217         (c) An eligible nonprofit scholarship-funding organization
  218  may request the list once each calendar year. The department
  219  shall provide the list within 45 days after the request is made.
  220         (d) Any taxpayer information contained in the list may be
  221  used by the eligible nonprofit scholarship-funding organization
  222  only to notify the taxpayer of the opportunity to make an
  223  eligible contribution to the Florida Tax Credit Scholarship
  224  Program under s. 1002.395. Any information furnished to an
  225  eligible nonprofit scholarship-funding organization under this
  226  subsection may not be further disclosed by the organization
  227  except as provided in this paragraph.
  228         (e) An eligible nonprofit scholarship-funding organization,
  229  its officers, and employees are subject to the same requirements
  230  of confidentiality and the same penalties for violating
  231  confidentiality as the department and its employees. Breach of
  232  confidentiality is a misdemeanor of the first degree, punishable
  233  as provided by s. 775.082 or s. 775.083.
  234         Section 5. Subsection (22) is added to section 213.053,
  235  Florida Statutes, as amended by this act, to read:
  236         213.053 Confidentiality and information sharing.—
  237         (22)(a) The department may provide to an eligible nonprofit
  238  scholarship-funding organization, as defined in s. 1002.40, a
  239  dealer’s name, address, federal employer identification number,
  240  and information related to differences between credits taken by
  241  the dealer pursuant to s. 212.1832(2) and amounts remitted to
  242  the eligible nonprofit scholarship-funding organization under s.
  243  1002.40(13)(b)3. The eligible nonprofit scholarship-funding
  244  organization may use the information for purposes of recovering
  245  eligible contributions designated for that organization that
  246  were collected by the dealer but never remitted to the
  247  organization.
  248         (b) Nothing in this subsection authorizes the disclosure of
  249  information if such disclosure is prohibited by federal law. An
  250  eligible nonprofit scholarship-funding organization is bound by
  251  the same requirements of confidentiality and the same penalties
  252  for a violation of the requirements as the department.
  253         Section 6. Paragraph (a) of subsection (1) of section
  254  220.13, Florida Statutes, is amended to read:
  255         220.13 “Adjusted federal income” defined.—
  256         (1) The term “adjusted federal income” means an amount
  257  equal to the taxpayer’s taxable income as defined in subsection
  258  (2), or such taxable income of more than one taxpayer as
  259  provided in s. 220.131, for the taxable year, adjusted as
  260  follows:
  261         (a) Additions.—There shall be added to such taxable income:
  262         1.a. The amount of any tax upon or measured by income,
  263  excluding taxes based on gross receipts or revenues, paid or
  264  accrued as a liability to the District of Columbia or any state
  265  of the United States which is deductible from gross income in
  266  the computation of taxable income for the taxable year.
  267         b. Notwithstanding sub-subparagraph a., if a credit taken
  268  under s. 220.1875 is added to taxable income in a previous
  269  taxable year under subparagraph 11. and is taken as a deduction
  270  for federal tax purposes in the current taxable year, the amount
  271  of the deduction allowed shall not be added to taxable income in
  272  the current year. The exception in this sub-subparagraph is
  273  intended to ensure that the credit under s. 220.1875 is added in
  274  the applicable taxable year and does not result in a duplicate
  275  addition in a subsequent year.
  276         2. The amount of interest which is excluded from taxable
  277  income under s. 103(a) of the Internal Revenue Code or any other
  278  federal law, less the associated expenses disallowed in the
  279  computation of taxable income under s. 265 of the Internal
  280  Revenue Code or any other law, excluding 60 percent of any
  281  amounts included in alternative minimum taxable income, as
  282  defined in s. 55(b)(2) of the Internal Revenue Code, if the
  283  taxpayer pays tax under s. 220.11(3).
  284         3. In the case of a regulated investment company or real
  285  estate investment trust, an amount equal to the excess of the
  286  net long-term capital gain for the taxable year over the amount
  287  of the capital gain dividends attributable to the taxable year.
  288         4. That portion of the wages or salaries paid or incurred
  289  for the taxable year which is equal to the amount of the credit
  290  allowable for the taxable year under s. 220.181. This
  291  subparagraph shall expire on the date specified in s. 290.016
  292  for the expiration of the Florida Enterprise Zone Act.
  293         5. That portion of the ad valorem school taxes paid or
  294  incurred for the taxable year which is equal to the amount of
  295  the credit allowable for the taxable year under s. 220.182. This
  296  subparagraph shall expire on the date specified in s. 290.016
  297  for the expiration of the Florida Enterprise Zone Act.
  298         6. The amount taken as a credit under s. 220.195 which is
  299  deductible from gross income in the computation of taxable
  300  income for the taxable year.
  301         7. That portion of assessments to fund a guaranty
  302  association incurred for the taxable year which is equal to the
  303  amount of the credit allowable for the taxable year.
  304         8. In the case of a nonprofit corporation which holds a
  305  pari-mutuel permit and which is exempt from federal income tax
  306  as a farmers’ cooperative, an amount equal to the excess of the
  307  gross income attributable to the pari-mutuel operations over the
  308  attributable expenses for the taxable year.
  309         9. The amount taken as a credit for the taxable year under
  310  s. 220.1895.
  311         10. Up to nine percent of the eligible basis of any
  312  designated project which is equal to the credit allowable for
  313  the taxable year under s. 220.185.
  314         11. The amount taken as a credit for the taxable year under
  315  s. 220.1875. The addition in this subparagraph is intended to
  316  ensure that the same amount is not allowed for the tax purposes
  317  of this state as both a deduction from income and a credit
  318  against the tax. This addition is not intended to result in
  319  adding the same expense back to income more than once.
  320         12. The amount taken as a credit for the taxable year under
  321  s. 220.192.
  322         13. The amount taken as a credit for the taxable year under
  323  s. 220.193.
  324         14. Any portion of a qualified investment, as defined in s.
  325  288.9913, which is claimed as a deduction by the taxpayer and
  326  taken as a credit against income tax pursuant to s. 288.9916.
  327         15. The costs to acquire a tax credit pursuant to s.
  328  288.1254(5) that are deducted from or otherwise reduce federal
  329  taxable income for the taxable year.
  330         16. The amount taken as a credit for the taxable year
  331  pursuant to s. 220.194.
  332         17. The amount taken as a credit for the taxable year under
  333  s. 220.196. The addition in this subparagraph is intended to
  334  ensure that the same amount is not allowed for the tax purposes
  335  of this state as both a deduction from income and a credit
  336  against the tax. The addition is not intended to result in
  337  adding the same expense back to income more than once.
  338         Section 7. Subsection (1) of section 220.1875, Florida
  339  Statutes, is amended, and subsection (4) is added to that
  340  section, to read:
  341         220.1875 Credit for contributions to eligible nonprofit
  342  scholarship-funding organizations.—
  343         (1) There is allowed a credit of 100 percent of an eligible
  344  contribution made to an eligible nonprofit scholarship-funding
  345  organization under s. 1002.395 against any tax due for a taxable
  346  year under this chapter after the application of any other
  347  allowable credits by the taxpayer. An eligible contribution must
  348  be made to an eligible nonprofit scholarship-funding
  349  organization on or before the date the taxpayer is required to
  350  file a return pursuant to s. 220.222. The credit granted by this
  351  section shall be reduced by the difference between the amount of
  352  federal corporate income tax taking into account the credit
  353  granted by this section and the amount of federal corporate
  354  income tax without application of the credit granted by this
  355  section.
  356         (4) If a taxpayer applies and is approved for a credit
  357  under s. 1002.395 after timely requesting an extension to file
  358  under s. 220.222(2):
  359         (a) The credit does not reduce the amount of tax due for
  360  purposes of the department’s determination as to whether the
  361  taxpayer was in compliance with the requirement to pay tentative
  362  taxes under ss. 220.222 and 220.32.
  363         (b) The taxpayer’s noncompliance with the requirement to
  364  pay tentative taxes shall result in the revocation and
  365  rescindment of any such credit.
  366         (c) The taxpayer shall be assessed for any taxes,
  367  penalties, or interest due from the taxpayer’s noncompliance
  368  with the requirement to pay tentative taxes.
  369         Section 8. Subsections (4) and (5) of section 1001.10,
  370  Florida Statutes, are amended, and subsection (8) is added to
  371  that section, to read:
  372         1001.10 Commissioner of Education; general powers and
  373  duties.—
  374         (4) The Department of Education shall provide technical
  375  assistance to school districts, charter schools, the Florida
  376  School for the Deaf and the Blind, and private schools that
  377  accept scholarship students who participate in a state
  378  scholarship program under chapter 1002 under s. 1002.39 or s.
  379  1002.395 in the development of policies, procedures, and
  380  training related to employment practices and standards of
  381  ethical conduct for instructional personnel and school
  382  administrators, as defined in s. 1012.01.
  383         (5) The Department of Education shall provide authorized
  384  staff of school districts, charter schools, the Florida School
  385  for the Deaf and the Blind, and private schools that accept
  386  scholarship students who participate in a state scholarship
  387  program under chapter 1002 under s. 1002.39 or s. 1002.395 with
  388  access to electronic verification of information from the
  389  following employment screening tools:
  390         (a) The Professional Practices’ Database of Disciplinary
  391  Actions Against Educators; and
  392         (b) The Department of Education’s Teacher Certification
  393  Database.
  394  
  395  This subsection does not require the department to provide these
  396  staff with unlimited access to the databases. However, the
  397  department shall provide the staff with access to the data
  398  necessary for performing employment history checks of the
  399  instructional personnel and school administrators included in
  400  the databases.
  401         (8) In the event of an emergency situation, the
  402  commissioner may coordinate through the most appropriate means
  403  of communication with local school districts, Florida College
  404  System institutions, and satellite offices of the Division of
  405  Blind Services and the Division of Vocational Rehabilitation to
  406  assess the need for resources and assistance to enable each
  407  school, institution, or satellite office the ability to reopen
  408  as soon as possible after considering the health, safety, and
  409  welfare of students and clients.
  410         Section 9. Paragraphs (d) through (g) of subsection (8) of
  411  section 1002.33, Florida Statutes, are redesignated as
  412  paragraphs (c) through (f), respectively, and paragraph (b) of
  413  subsection (6), paragraphs (a), (d), and (e) of subsection (7),
  414  present paragraphs (a), (b), and (c) of subsection (8),
  415  paragraph (n) of subsection (9), paragraph (e) of subsection
  416  (10), and paragraphs (a) and (b) of subsection (20) of that
  417  section are amended, to read:
  418         1002.33 Charter schools.—
  419         (6) APPLICATION PROCESS AND REVIEW.—Charter school
  420  applications are subject to the following requirements:
  421         (b) A sponsor shall receive and review all applications for
  422  a charter school using the evaluation instrument developed by
  423  the Department of Education. A sponsor shall receive and
  424  consider charter school applications received on or before
  425  August 1 of each calendar year for charter schools to be opened
  426  at the beginning of the school district’s next school year, or
  427  to be opened at a time agreed to by the applicant and the
  428  sponsor. A sponsor may not refuse to receive a charter school
  429  application submitted before August 1 and may receive an
  430  application submitted later than August 1 if it chooses.
  431  Beginning in 2018 and thereafter, a sponsor shall receive and
  432  consider charter school applications received on or before
  433  February 1 of each calendar year for charter schools to be
  434  opened 18 months later at the beginning of the school district’s
  435  school year, or to be opened at a time agreed to by the
  436  applicant and the sponsor. A sponsor may not refuse to receive a
  437  charter school application submitted before February 1 and may
  438  receive an application submitted later than February 1 if it
  439  chooses. A sponsor may not charge an applicant for a charter any
  440  fee for the processing or consideration of an application, and a
  441  sponsor may not base its consideration or approval of a final
  442  application upon the promise of future payment of any kind.
  443  Before approving or denying any application, the sponsor shall
  444  allow the applicant, upon receipt of written notification, at
  445  least 7 calendar days to make technical or nonsubstantive
  446  corrections and clarifications, including, but not limited to,
  447  corrections of grammatical, typographical, and like errors or
  448  missing signatures, if such errors are identified by the sponsor
  449  as cause to deny the final application.
  450         1. In order to facilitate an accurate budget projection
  451  process, a sponsor shall be held harmless for FTE students who
  452  are not included in the FTE projection due to approval of
  453  charter school applications after the FTE projection deadline.
  454  In a further effort to facilitate an accurate budget projection,
  455  within 15 calendar days after receipt of a charter school
  456  application, a sponsor shall report to the Department of
  457  Education the name of the applicant entity, the proposed charter
  458  school location, and its projected FTE.
  459         2. In order to ensure fiscal responsibility, an application
  460  for a charter school shall include a full accounting of expected
  461  assets, a projection of expected sources and amounts of income,
  462  including income derived from projected student enrollments and
  463  from community support, and an expense projection that includes
  464  full accounting of the costs of operation, including start-up
  465  costs.
  466         3.a. A sponsor shall by a majority vote approve or deny an
  467  application no later than 90 calendar days after the application
  468  is received, unless the sponsor and the applicant mutually agree
  469  in writing to temporarily postpone the vote to a specific date,
  470  at which time the sponsor shall by a majority vote approve or
  471  deny the application. If the sponsor fails to act on the
  472  application, an applicant may appeal to the State Board of
  473  Education as provided in paragraph (c). If an application is
  474  denied, the sponsor shall, within 10 calendar days after such
  475  denial, articulate in writing the specific reasons, based upon
  476  good cause, supporting its denial of the application and shall
  477  provide the letter of denial and supporting documentation to the
  478  applicant and to the Department of Education.
  479         b. An application submitted by a high-performing charter
  480  school identified pursuant to s. 1002.331 or a high-performing
  481  charter school system identified pursuant to s. 1002.332 may be
  482  denied by the sponsor only if the sponsor demonstrates by clear
  483  and convincing evidence that:
  484         (I) The application of a high-performing charter school
  485  does not materially comply with the requirements in paragraph
  486  (a) or, for a high-performing charter school system, the
  487  application does not materially comply with s. 1002.332(2)(b);
  488         (II) The charter school proposed in the application does
  489  not materially comply with the requirements in paragraphs
  490  (9)(a)-(f);
  491         (III) The proposed charter school’s educational program
  492  does not substantially replicate that of the applicant or one of
  493  the applicant’s high-performing charter schools;
  494         (IV) The applicant has made a material misrepresentation or
  495  false statement or concealed an essential or material fact
  496  during the application process; or
  497         (V) The proposed charter school’s educational program and
  498  financial management practices do not materially comply with the
  499  requirements of this section.
  500  
  501  Material noncompliance is a failure to follow requirements or a
  502  violation of prohibitions applicable to charter school
  503  applications, which failure is quantitatively or qualitatively
  504  significant either individually or when aggregated with other
  505  noncompliance. An applicant is considered to be replicating a
  506  high-performing charter school if the proposed school is
  507  substantially similar to at least one of the applicant’s high
  508  performing charter schools and the organization or individuals
  509  involved in the establishment and operation of the proposed
  510  school are significantly involved in the operation of replicated
  511  schools.
  512         c. If the sponsor denies an application submitted by a
  513  high-performing charter school or a high-performing charter
  514  school system, the sponsor must, within 10 calendar days after
  515  such denial, state in writing the specific reasons, based upon
  516  the criteria in sub-subparagraph b., supporting its denial of
  517  the application and must provide the letter of denial and
  518  supporting documentation to the applicant and to the Department
  519  of Education. The applicant may appeal the sponsor’s denial of
  520  the application in accordance with paragraph (c).
  521         4. For budget projection purposes, the sponsor shall report
  522  to the Department of Education the approval or denial of an
  523  application within 10 calendar days after such approval or
  524  denial. In the event of approval, the report to the Department
  525  of Education shall include the final projected FTE for the
  526  approved charter school.
  527         5. Upon approval of an application, the initial startup
  528  shall commence with the beginning of the public school calendar
  529  for the district in which the charter is granted. A charter
  530  school may defer the opening of the school’s operations for up
  531  to 3 2 years to provide time for adequate facility planning. The
  532  charter school must provide written notice of such intent to the
  533  sponsor and the parents of enrolled students at least 30
  534  calendar days before the first day of school.
  535         (7) CHARTER.—The terms and conditions for the operation of
  536  a charter school shall be set forth by the sponsor and the
  537  applicant in a written contractual agreement, called a charter.
  538  The sponsor and the governing board of the charter school shall
  539  use the standard charter contract pursuant to subsection (21),
  540  which shall incorporate the approved application and any addenda
  541  approved with the application. Any term or condition of a
  542  proposed charter contract that differs from the standard charter
  543  contract adopted by rule of the State Board of Education shall
  544  be presumed a limitation on charter school flexibility. The
  545  sponsor may not impose unreasonable rules or regulations that
  546  violate the intent of giving charter schools greater flexibility
  547  to meet educational goals. The charter shall be signed by the
  548  governing board of the charter school and the sponsor, following
  549  a public hearing to ensure community input.
  550         (a) The charter shall address and criteria for approval of
  551  the charter shall be based on:
  552         1. The school’s mission, the students to be served, and the
  553  ages and grades to be included.
  554         2. The focus of the curriculum, the instructional methods
  555  to be used, any distinctive instructional techniques to be
  556  employed, and identification and acquisition of appropriate
  557  technologies needed to improve educational and administrative
  558  performance which include a means for promoting safe, ethical,
  559  and appropriate uses of technology which comply with legal and
  560  professional standards.
  561         a. The charter shall ensure that reading is a primary focus
  562  of the curriculum and that resources are provided to identify
  563  and provide specialized instruction for students who are reading
  564  below grade level. The curriculum and instructional strategies
  565  for reading must be consistent with the Next Generation Sunshine
  566  State Standards and grounded in scientifically based reading
  567  research.
  568         b. In order to provide students with access to diverse
  569  instructional delivery models, to facilitate the integration of
  570  technology within traditional classroom instruction, and to
  571  provide students with the skills they need to compete in the
  572  21st century economy, the Legislature encourages instructional
  573  methods for blended learning courses consisting of both
  574  traditional classroom and online instructional techniques.
  575  Charter schools may implement blended learning courses which
  576  combine traditional classroom instruction and virtual
  577  instruction. Students in a blended learning course must be full-
  578  time students of the charter school pursuant to s.
  579  1011.61(1)(a)1. Instructional personnel certified pursuant to s.
  580  1012.55 who provide virtual instruction for blended learning
  581  courses may be employees of the charter school or may be under
  582  contract to provide instructional services to charter school
  583  students. At a minimum, such instructional personnel must hold
  584  an active state or school district adjunct certification under
  585  s. 1012.57 for the subject area of the blended learning course.
  586  The funding and performance accountability requirements for
  587  blended learning courses are the same as those for traditional
  588  courses.
  589         3. The current incoming baseline standard of student
  590  academic achievement, the outcomes to be achieved, and the
  591  method of measurement that will be used. The criteria listed in
  592  this subparagraph shall include a detailed description of:
  593         a. How the baseline student academic achievement levels and
  594  prior rates of academic progress will be established.
  595         b. How these baseline rates will be compared to rates of
  596  academic progress achieved by these same students while
  597  attending the charter school.
  598         c. To the extent possible, how these rates of progress will
  599  be evaluated and compared with rates of progress of other
  600  closely comparable student populations.
  601  
  602  The district school board is required to provide academic
  603  student performance data to charter schools for each of their
  604  students coming from the district school system, as well as
  605  rates of academic progress of comparable student populations in
  606  the district school system.
  607         4. The methods used to identify the educational strengths
  608  and needs of students and how well educational goals and
  609  performance standards are met by students attending the charter
  610  school. The methods shall provide a means for the charter school
  611  to ensure accountability to its constituents by analyzing
  612  student performance data and by evaluating the effectiveness and
  613  efficiency of its major educational programs. Students in
  614  charter schools shall, at a minimum, participate in the
  615  statewide assessment program created under s. 1008.22.
  616         5. In secondary charter schools, a method for determining
  617  that a student has satisfied the requirements for graduation in
  618  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
  619         6. A method for resolving conflicts between the governing
  620  board of the charter school and the sponsor.
  621         7. The admissions procedures and dismissal procedures,
  622  including the school’s code of student conduct. Admission or
  623  dismissal must not be based on a student’s academic performance.
  624         8. The ways by which the school will achieve a
  625  racial/ethnic balance reflective of the community it serves or
  626  within the racial/ethnic range of other public schools in the
  627  same school district.
  628         9. The financial and administrative management of the
  629  school, including a reasonable demonstration of the professional
  630  experience or competence of those individuals or organizations
  631  applying to operate the charter school or those hired or
  632  retained to perform such professional services and the
  633  description of clearly delineated responsibilities and the
  634  policies and practices needed to effectively manage the charter
  635  school. A description of internal audit procedures and
  636  establishment of controls to ensure that financial resources are
  637  properly managed must be included. Both public sector and
  638  private sector professional experience shall be equally valid in
  639  such a consideration.
  640         10. The asset and liability projections required in the
  641  application which are incorporated into the charter and shall be
  642  compared with information provided in the annual report of the
  643  charter school.
  644         11. A description of procedures that identify various risks
  645  and provide for a comprehensive approach to reduce the impact of
  646  losses; plans to ensure the safety and security of students and
  647  staff; plans to identify, minimize, and protect others from
  648  violent or disruptive student behavior; and the manner in which
  649  the school will be insured, including whether or not the school
  650  will be required to have liability insurance, and, if so, the
  651  terms and conditions thereof and the amounts of coverage.
  652         12. The term of the charter which shall provide for
  653  cancellation of the charter if insufficient progress has been
  654  made in attaining the student achievement objectives of the
  655  charter and if it is not likely that such objectives can be
  656  achieved before expiration of the charter. The initial term of a
  657  charter shall be for 4 or 5 years, excluding 2 planning years.
  658  In order to facilitate access to long-term financial resources
  659  for charter school construction, charter schools that are
  660  operated by a municipality or other public entity as provided by
  661  law are eligible for up to a 15-year charter, subject to
  662  approval by the district school board. A charter lab school is
  663  eligible for a charter for a term of up to 15 years. In
  664  addition, to facilitate access to long-term financial resources
  665  for charter school construction, charter schools that are
  666  operated by a private, not-for-profit, s. 501(c)(3) status
  667  corporation are eligible for up to a 15-year charter, subject to
  668  approval by the district school board. Such long-term charters
  669  remain subject to annual review and may be terminated during the
  670  term of the charter, but only according to the provisions set
  671  forth in subsection (8).
  672         13. The facilities to be used and their location. The
  673  sponsor may not require a charter school to have a certificate
  674  of occupancy or a temporary certificate of occupancy for such a
  675  facility earlier than 15 calendar days before the first day of
  676  school.
  677         14. The qualifications to be required of the teachers and
  678  the potential strategies used to recruit, hire, train, and
  679  retain qualified staff to achieve best value.
  680         15. The governance structure of the school, including the
  681  status of the charter school as a public or private employer as
  682  required in paragraph (12)(i).
  683         16. A timetable for implementing the charter which
  684  addresses the implementation of each element thereof and the
  685  date by which the charter shall be awarded in order to meet this
  686  timetable.
  687         17. In the case of an existing public school that is being
  688  converted to charter status, alternative arrangements for
  689  current students who choose not to attend the charter school and
  690  for current teachers who choose not to teach in the charter
  691  school after conversion in accordance with the existing
  692  collective bargaining agreement or district school board rule in
  693  the absence of a collective bargaining agreement. However,
  694  alternative arrangements shall not be required for current
  695  teachers who choose not to teach in a charter lab school, except
  696  as authorized by the employment policies of the state university
  697  which grants the charter to the lab school.
  698         18. Full disclosure of the identity of all relatives
  699  employed by the charter school who are related to the charter
  700  school owner, president, chairperson of the governing board of
  701  directors, superintendent, governing board member, principal,
  702  assistant principal, or any other person employed by the charter
  703  school who has equivalent decisionmaking authority. For the
  704  purpose of this subparagraph, the term “relative” means father,
  705  mother, son, daughter, brother, sister, uncle, aunt, first
  706  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  707  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  708  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  709  stepsister, half brother, or half sister.
  710         19. Implementation of the activities authorized under s.
  711  1002.331 by the charter school when it satisfies the eligibility
  712  requirements for a high-performing charter school. A high
  713  performing charter school shall notify its sponsor in writing by
  714  March 1 if it intends to increase enrollment or expand grade
  715  levels the following school year. The written notice shall
  716  specify the amount of the enrollment increase and the grade
  717  levels that will be added, as applicable.
  718         (d) A charter may be modified during its initial term or
  719  any renewal term upon the recommendation of the sponsor or the
  720  charter school’s governing board and the approval of both
  721  parties to the agreement. Modification during any term may
  722  include, but is not limited to, consolidation of multiple
  723  charters into a single charter if the charters are operated
  724  under the same governing board and physically located on the
  725  same campus, regardless of the renewal cycle. A charter school
  726  that is not subject to a school improvement plan and that closes
  727  as part of a consolidation shall be reported by the school
  728  district as a consolidation.
  729         (e) A charter may be terminated by a charter school’s
  730  governing board through voluntary closure. The decision to cease
  731  operations must be determined at a public meeting. The governing
  732  board shall notify the parents and sponsor of the public meeting
  733  in writing before the public meeting. The governing board must
  734  notify the sponsor, parents of enrolled students, and the
  735  department in writing within 24 hours after the public meeting
  736  of its determination. The notice shall state the charter
  737  school’s intent to continue operations or the reason for the
  738  closure and acknowledge that the governing board agrees to
  739  follow the procedures for dissolution and reversion of public
  740  funds pursuant to paragraphs (8)(d)-(f) and (9)(o) paragraphs
  741  (8)(e)-(g) and (9)(o).
  742         (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.—
  743         (a) The sponsor shall make student academic achievement for
  744  all students the most important factor when determining whether
  745  to renew or terminate the charter. The sponsor may also choose
  746  not to renew or may terminate the charter if the sponsor finds
  747  that one of the grounds set forth below exists by clear and
  748  convincing evidence for any of the following grounds:
  749         1. Failure to participate in the state’s education
  750  accountability system created in s. 1008.31, as required in this
  751  section, or failure to meet the requirements for student
  752  performance stated in the charter.
  753         2. Failure to meet generally accepted standards of fiscal
  754  management.
  755         3. Material violation of law.
  756         4. Other good cause shown.
  757         (b) At least 90 days before renewing, nonrenewing, or
  758  terminating a charter, the sponsor shall notify the governing
  759  board of the school of the proposed action in writing. The
  760  notice shall state in reasonable detail the grounds for the
  761  proposed action and stipulate that the school’s governing board
  762  may, within 14 calendar days after receiving the notice, request
  763  a hearing. The hearing shall be conducted at the sponsor’s
  764  election in accordance with one of the following procedures:
  765         1. A direct hearing conducted by the sponsor within 60 days
  766  after receipt of the request for a hearing. The hearing shall be
  767  conducted in accordance with ss. 120.569 and 120.57. The sponsor
  768  shall decide upon nonrenewal or termination by a majority vote.
  769  The sponsor’s decision shall be a final order; or
  770         2. A hearing conducted by an administrative law judge
  771  assigned by the Division of Administrative Hearings. The hearing
  772  shall be conducted within 90 60 days after receipt of the
  773  request for a hearing and in accordance with chapter 120. The
  774  administrative law judge’s final recommended order shall be
  775  submitted to the sponsor. The administrative law judge shall
  776  award the prevailing party reasonable attorney fees and costs
  777  incurred during the administrative proceeding and any appeals A
  778  majority vote by the sponsor shall be required to adopt or
  779  modify the administrative law judge’s recommended order. The
  780  sponsor shall issue a final order.
  781         (c) The final order shall state the specific reasons for
  782  the sponsor’s decision. The sponsor shall provide its final
  783  order to the charter school’s governing board and the Department
  784  of Education no later than 10 calendar days after its issuance.
  785  The charter school’s governing board may, within 30 calendar
  786  days after receiving the sponsor’s final order, appeal the
  787  decision pursuant to s. 120.68.
  788         (9) CHARTER SCHOOL REQUIREMENTS.—
  789         (n)1. The director and a representative of the governing
  790  board of a charter school that has earned a grade of “D” or “F”
  791  pursuant to s. 1008.34 shall appear before the sponsor to
  792  present information concerning each contract component having
  793  noted deficiencies. The director and a representative of the
  794  governing board shall submit to the sponsor for approval a
  795  school improvement plan to raise student performance. Upon
  796  approval by the sponsor, the charter school shall begin
  797  implementation of the school improvement plan. The department
  798  shall offer technical assistance and training to the charter
  799  school and its governing board and establish guidelines for
  800  developing, submitting, and approving such plans.
  801         2.a. If a charter school earns three consecutive grades
  802  below a “C,” the charter school governing board shall choose one
  803  of the following corrective actions:
  804         (I) Contract for educational services to be provided
  805  directly to students, instructional personnel, and school
  806  administrators, as prescribed in state board rule;
  807         (II) Contract with an outside entity that has a
  808  demonstrated record of effectiveness to operate the school;
  809         (III) Reorganize the school under a new director or
  810  principal who is authorized to hire new staff; or
  811         (IV) Voluntarily close the charter school.
  812         b. The charter school must implement the corrective action
  813  in the school year following receipt of a third consecutive
  814  grade below a “C.”
  815         c. The sponsor may annually waive a corrective action if it
  816  determines that the charter school is likely to improve a letter
  817  grade if additional time is provided to implement the
  818  intervention and support strategies prescribed by the school
  819  improvement plan. Notwithstanding this sub-subparagraph, a
  820  charter school that earns a second consecutive grade of “F” is
  821  subject to subparagraph 3.
  822         d. A charter school is no longer required to implement a
  823  corrective action if it improves to a “C” or higher. However,
  824  the charter school must continue to implement strategies
  825  identified in the school improvement plan. The sponsor must
  826  annually review implementation of the school improvement plan to
  827  monitor the school’s continued improvement pursuant to
  828  subparagraph 4.
  829         e. A charter school implementing a corrective action that
  830  does not improve to a “C” or higher after 2 full school years of
  831  implementing the corrective action must select a different
  832  corrective action. Implementation of the new corrective action
  833  must begin in the school year following the implementation
  834  period of the existing corrective action, unless the sponsor
  835  determines that the charter school is likely to improve to a “C”
  836  or higher if additional time is provided to implement the
  837  existing corrective action. Notwithstanding this sub
  838  subparagraph, a charter school that earns a second consecutive
  839  grade of “F” while implementing a corrective action is subject
  840  to subparagraph 3.
  841         3. A charter school’s charter contract is automatically
  842  terminated if the school earns two consecutive grades of “F”
  843  after all school grade appeals are final unless:
  844         a. The charter school is established to turn around the
  845  performance of a district public school pursuant to s.
  846  1008.33(4)(b)2. Such charter schools shall be governed by s.
  847  1008.33;
  848         b. The charter school serves a student population the
  849  majority of which resides in a school zone served by a district
  850  public school subject to s. 1008.33(4) and the charter school
  851  earns at least a grade of “D” in its third year of operation.
  852  The exception provided under this sub-subparagraph does not
  853  apply to a charter school in its fourth year of operation and
  854  thereafter; or
  855         c. The state board grants the charter school a waiver of
  856  termination. The charter school must request the waiver within
  857  15 days after the department’s official release of school
  858  grades. The state board may waive termination if the charter
  859  school demonstrates that the Learning Gains of its students on
  860  statewide assessments are comparable to or better than the
  861  Learning Gains of similarly situated students enrolled in nearby
  862  district public schools. The waiver is valid for 1 year and may
  863  only be granted once. Charter schools that have been in
  864  operation for more than 5 years are not eligible for a waiver
  865  under this sub-subparagraph.
  866  
  867  The sponsor shall notify the charter school’s governing board,
  868  the charter school principal, and the department in writing when
  869  a charter contract is terminated under this subparagraph. The
  870  letter of termination must meet the requirements of paragraph
  871  (8)(c). A charter terminated under this subparagraph must follow
  872  the procedures for dissolution and reversion of public funds
  873  pursuant to paragraphs (8)(d)-(f) and (9)(o) paragraphs (8)(e)
  874  (g) and (9)(o).
  875         4. The director and a representative of the governing board
  876  of a graded charter school that has implemented a school
  877  improvement plan under this paragraph shall appear before the
  878  sponsor at least once a year to present information regarding
  879  the progress of intervention and support strategies implemented
  880  by the school pursuant to the school improvement plan and
  881  corrective actions, if applicable. The sponsor shall communicate
  882  at the meeting, and in writing to the director, the services
  883  provided to the school to help the school address its
  884  deficiencies.
  885         5. Notwithstanding any provision of this paragraph except
  886  sub-subparagraphs 3.a.-c., the sponsor may terminate the charter
  887  at any time pursuant to subsection (8).
  888         (10) ELIGIBLE STUDENTS.—
  889         (e) A charter school may limit the enrollment process only
  890  to target the following student populations:
  891         1. Students within specific age groups or grade levels.
  892         2. Students considered at risk of dropping out of school or
  893  academic failure. Such students shall include exceptional
  894  education students.
  895         3. Students enrolling in a charter school-in-the-workplace
  896  or charter school-in-a-municipality established pursuant to
  897  subsection (15).
  898         4. Students residing within a reasonable distance of the
  899  charter school, as described in paragraph (20)(c). Such students
  900  shall be subject to a random lottery and to the racial/ethnic
  901  balance provisions described in subparagraph (7)(a)8. or any
  902  federal provisions that require a school to achieve a
  903  racial/ethnic balance reflective of the community it serves or
  904  within the racial/ethnic range of other public schools in the
  905  same school district.
  906         5. Students who meet reasonable academic, artistic, or
  907  other eligibility standards established by the charter school
  908  and included in the charter school application and charter or,
  909  in the case of existing charter schools, standards that are
  910  consistent with the school’s mission and purpose. Such standards
  911  shall be in accordance with current state law and practice in
  912  public schools and may not discriminate against otherwise
  913  qualified individuals.
  914         6. Students articulating from one charter school to another
  915  pursuant to an articulation agreement between the charter
  916  schools that has been approved by the sponsor.
  917         7. Students living in a development in which a business
  918  entity provides the school facility and related property having
  919  an appraised value of at least $5 10 million to be used as a
  920  charter school to mitigate the educational impact created by for
  921  the development of new residential dwelling units. Students
  922  living in the development shall be entitled to no more than 50
  923  percent of the student stations in the charter school. The
  924  students who are eligible for enrollment are subject to a random
  925  lottery, the racial/ethnic balance provisions, or any federal
  926  provisions, as described in subparagraph 4. The remainder of the
  927  student stations shall be filled in accordance with subparagraph
  928  4.
  929         (20) SERVICES.—
  930         (a)1. A sponsor shall provide certain administrative and
  931  educational services to charter schools. These services shall
  932  include contract management services; full-time equivalent and
  933  data reporting services; exceptional student education
  934  administration services; services related to eligibility and
  935  reporting duties required to ensure that school lunch services
  936  under the National School Lunch Program, consistent with the
  937  needs of the charter school, are provided by the school district
  938  at the request of the charter school, that any funds due to the
  939  charter school under the National School Lunch Program be paid
  940  to the charter school as soon as the charter school begins
  941  serving food under the National School Lunch Program, and that
  942  the charter school is paid at the same time and in the same
  943  manner under the National School Lunch Program as other public
  944  schools serviced by the sponsor or the school district; test
  945  administration services, including payment of the costs of
  946  state-required or district-required student assessments;
  947  processing of teacher certificate data services; and information
  948  services, including equal access to student information systems
  949  that are used by public schools in the district in which the
  950  charter school is located. Student performance data for each
  951  student in a charter school, including, but not limited to, FCAT
  952  scores, standardized test scores, previous public school student
  953  report cards, and student performance measures, shall be
  954  provided by the sponsor to a charter school in the same manner
  955  provided to other public schools in the district.
  956         2. A sponsor may withhold an administrative fee for the
  957  provision of such services which shall be a percentage of the
  958  available funds defined in paragraph (17)(b) calculated based on
  959  weighted full-time equivalent students. If the charter school
  960  serves 75 percent or more exceptional education students as
  961  defined in s. 1003.01(3), the percentage shall be calculated
  962  based on unweighted full-time equivalent students. The
  963  administrative fee shall be calculated as follows:
  964         a. Up to 5 percent for:
  965         (I) Enrollment of up to and including 250 students in a
  966  charter school as defined in this section.
  967         (II) Enrollment of up to and including 500 students within
  968  a charter school system which meets all of the following:
  969         (A) Includes conversion charter schools and nonconversion
  970  charter schools.
  971         (B) Has all of its schools located in the same county.
  972         (C) Has a total enrollment exceeding the total enrollment
  973  of at least one school district in the state.
  974         (D) Has the same governing board for all of its schools.
  975         (E) Does not contract with a for-profit service provider
  976  for management of school operations.
  977         (III) Enrollment of up to and including 250 students in a
  978  virtual charter school.
  979         b. Up to 2 percent for enrollment of up to and including
  980  250 students in a high-performing charter school as defined in
  981  s. 1002.331.
  982         3. A sponsor may not charge charter schools any additional
  983  fees or surcharges for administrative and educational services
  984  in addition to the maximum percentage of administrative fees
  985  withheld pursuant to this paragraph.
  986         4. A sponsor shall provide to the department by September
  987  15 of each year the total amount of funding withheld from
  988  charter schools pursuant to this subsection for the prior fiscal
  989  year. The department must include the information in the report
  990  required under sub-sub-subparagraph (5)(b)1.k.III.
  991         (b) If goods and services are made available to the charter
  992  school through the contract with the school district, they shall
  993  be provided to the charter school at a rate no greater than the
  994  district’s actual cost unless mutually agreed upon by the
  995  charter school and the sponsor in a contract negotiated
  996  separately from the charter. When mediation has failed to
  997  resolve disputes over contracted services or contractual matters
  998  not included in the charter, an appeal may be made to an
  999  administrative law judge appointed by the Division of
 1000  Administrative Hearings. The administrative law judge has final
 1001  order authority to rule on the dispute. The administrative law
 1002  judge shall award the prevailing party reasonable attorney fees
 1003  and costs incurred during the mediation process, administrative
 1004  proceeding, and any appeals, to be paid by the party whom the
 1005  administrative law judge rules against for a dispute resolution
 1006  hearing before the Charter School Appeal Commission. To maximize
 1007  the use of state funds, school districts shall allow charter
 1008  schools to participate in the sponsor’s bulk purchasing program
 1009  if applicable.
 1010         Section 10. Subsection (1), paragraph (a) of subsection
 1011  (2), and paragraph (b) of subsection (3) of section 1002.331,
 1012  Florida Statutes, are amended to read:
 1013         1002.331 High-performing charter schools.—
 1014         (1) A charter school is a high-performing charter school if
 1015  it:
 1016         (a) Received at least two school grades of “A” and no
 1017  school grade below “B,” pursuant to s. 1008.34, during each of
 1018  the previous 3 school years or received at least two consecutive
 1019  school grades of “A” in the most recent 2 school years.
 1020         (b) Received an unqualified opinion on each annual
 1021  financial audit required under s. 218.39 in the most recent 3
 1022  fiscal years for which such audits are available.
 1023         (c) Did not receive a financial audit that revealed one or
 1024  more of the financial emergency conditions set forth in s.
 1025  218.503(1) in the most recent 3 fiscal years for which such
 1026  audits are available. However, this requirement is deemed met
 1027  for a charter school-in-the-workplace if there is a finding in
 1028  an audit that the school has the monetary resources available to
 1029  cover any reported deficiency or that the deficiency does not
 1030  result in a deteriorating financial condition pursuant to s.
 1031  1002.345(1)(a)3.
 1032  
 1033  For purposes of determining initial eligibility, the
 1034  requirements of paragraphs (b) and (c) only apply for the most
 1035  recent 2 fiscal years if the charter school earns two
 1036  consecutive grades of “A.” A virtual charter school established
 1037  under s. 1002.33 is not eligible for designation as a high
 1038  performing charter school.
 1039         (2) A high-performing charter school is authorized to:
 1040         (a) Increase its student enrollment once per school year to
 1041  more than the capacity identified in the charter, but student
 1042  enrollment may not exceed the current facility capacity of the
 1043  facility at the time the enrollment increase will take effect.
 1044  Facility capacity for purposes of grade level expansion shall
 1045  include any improvements to an existing facility or any new
 1046  facility in which a majority of the students of the high
 1047  performing charter school will enroll.
 1048  
 1049  A high-performing charter school shall notify its sponsor in
 1050  writing by March 1 if it intends to increase enrollment or
 1051  expand grade levels the following school year. The written
 1052  notice shall specify the amount of the enrollment increase and
 1053  the grade levels that will be added, as applicable. If a charter
 1054  school notifies the sponsor of its intent to expand, the sponsor
 1055  shall modify the charter within 90 days to include the new
 1056  enrollment maximum and may not make any other changes. The
 1057  sponsor may deny a request to increase the enrollment of a high
 1058  performing charter school if the commissioner has declassified
 1059  the charter school as high-performing. If a high-performing
 1060  charter school requests to consolidate multiple charters, the
 1061  sponsor shall have 40 days after receipt of that request to
 1062  provide an initial draft charter to the charter school. The
 1063  sponsor and charter school shall have 50 days thereafter to
 1064  negotiate and notice the charter contract for final approval by
 1065  the sponsor.
 1066         (3)
 1067         (b) A high-performing charter school may not establish more
 1068  than two one charter schools school within the state under
 1069  paragraph (a) in any year. A subsequent application to establish
 1070  a charter school under paragraph (a) may not be submitted unless
 1071  each charter school established in this manner achieves high
 1072  performing charter school status. However, a high-performing
 1073  charter school may establish more than one charter school within
 1074  the state under paragraph (a) in any year if it operates in the
 1075  area of a persistently low-performing school and serves students
 1076  from that school.
 1077         Section 11. Paragraph (d) is added to subsection (10) of
 1078  section 1002.333, Florida Statutes, to read:
 1079         1002.333 Persistently low-performing schools.—
 1080         (10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program
 1081  is created within the Department of Education.
 1082         (d) Notwithstanding s. 216.301 and pursuant to s. 216.351,
 1083  funds allocated for the purpose of this subsection which are not
 1084  disbursed by June 30 of the fiscal year in which the funds are
 1085  allocated may be carried forward for up to 5 years after the
 1086  effective date of the original appropriation.
 1087         Section 12. Present paragraph (c) of subsection (9) of
 1088  section 1002.37, Florida Statutes, is amended, and a new
 1089  paragraph (c) is added to subsection (9) of that section, to
 1090  read:
 1091         1002.37 The Florida Virtual School.—
 1092         (9)
 1093         (c) Industry certification examinations, national
 1094  assessments, and statewide assessments offered by the school
 1095  district shall be available to all Florida Virtual School
 1096  students.
 1097         (d)(c) Unless an alternative testing site is mutually
 1098  agreed to by the Florida Virtual School and the school district
 1099  or as contracted under s. 1008.24, all industry certification
 1100  examinations, national assessments, and statewide assessments
 1101  must be taken at the school to which the student would be
 1102  assigned according to district school board attendance areas. A
 1103  school district must provide the student with access to the
 1104  school’s testing facilities and the date and time of the
 1105  administration of each examination or assessment.
 1106         Section 13. Paragraph (e) of subsection (2), paragraphs (d)
 1107  and (h) of subsection (5), subsection (8), paragraph (c) of
 1108  subsection (9), paragraph (a) of subsection (10), and paragraph
 1109  (a) of subsection (11) of section 1002.385, Florida Statutes,
 1110  are amended, and paragraph (p) is added to subsection (5) of
 1111  that section, to read:
 1112         1002.385 The Gardiner Scholarship.—
 1113         (2) DEFINITIONS.—As used in this section, the term:
 1114         (e) “Eligible nonprofit scholarship-funding organization”
 1115  or “organization” means a nonprofit scholarship-funding
 1116  organization that is approved pursuant to s. 1002.395(15) s.
 1117  1002.395(16).
 1118         (5) AUTHORIZED USES OF PROGRAM FUNDS.—Program funds must be
 1119  used to meet the individual educational needs of an eligible
 1120  student and may be spent for the following purposes:
 1121         (d) Enrollment in, or Tuition or fees associated with full
 1122  time or part-time enrollment in, a home education program, an
 1123  eligible private school, an eligible postsecondary educational
 1124  institution or a program offered by the postsecondary
 1125  institution, a private tutoring program authorized under s.
 1126  1002.43, a virtual program offered by a department-approved
 1127  private online provider that meets the provider qualifications
 1128  specified in s. 1002.45(2)(a), the Florida Virtual School as a
 1129  private paying student, or an approved online course offered
 1130  pursuant to s. 1003.499 or s. 1004.0961.
 1131         (h) Tuition and fees for part-time tutoring services
 1132  provided by a person who holds a valid Florida educator’s
 1133  certificate pursuant to s. 1012.56; a person who holds an
 1134  adjunct teaching certificate pursuant to s. 1012.57; a person
 1135  who has a bachelor’s degree or a graduate degree in the subject
 1136  area in which instruction is given; or a person who has
 1137  demonstrated a mastery of subject area knowledge pursuant to s.
 1138  1012.56(5). As used in this paragraph, the term “part-time
 1139  tutoring services” does not qualify as regular school attendance
 1140  as defined in s. 1003.01(13)(e).
 1141         (p) Tuition or fees associated with enrollment in a
 1142  nationally or internationally recognized research-based training
 1143  program for a child with a neurological disorder or brain
 1144  damage.
 1145  
 1146  A provider of any services receiving payments pursuant to this
 1147  subsection may not share, refund, or rebate any moneys from the
 1148  Gardiner Scholarship with the parent or participating student in
 1149  any manner. A parent, student, or provider of any services may
 1150  not bill an insurance company, Medicaid, or any other agency for
 1151  the same services that are paid for using Gardiner Scholarship
 1152  funds.
 1153         (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
 1154  private school may be sectarian or nonsectarian and shall:
 1155         (a) Comply with all requirements for private schools
 1156  participating in state school choice scholarship programs
 1157  pursuant to s. 1002.421.
 1158         (b) Provide to the organization, upon request, all
 1159  documentation required for the student’s participation,
 1160  including the private school’s and student’s fee schedules.
 1161         (c) Be academically accountable to the parent for meeting
 1162  the educational needs of the student by:
 1163         1. At a minimum, annually providing to the parent a written
 1164  explanation of the student’s progress.
 1165         (b)1.2. Annually administer or make administering or making
 1166  provision for students participating in the program in grades 3
 1167  through 10 to take one of the nationally norm-referenced tests
 1168  identified by the Department of Education or the statewide
 1169  assessments pursuant to s. 1008.22. Students with disabilities
 1170  for whom standardized testing is not appropriate are exempt from
 1171  this requirement. A participating private school shall report a
 1172  student’s scores to the parent.
 1173         2.3. Administer Cooperating with the scholarship student
 1174  whose parent chooses to have the student participate in the
 1175  statewide assessments pursuant to s. 1008.22 or, if a private
 1176  school chooses to offer the statewide assessments, administering
 1177  the assessments at the school.
 1178         a. A participating private school may choose to offer and
 1179  administer the statewide assessments to all students who attend
 1180  the private school in grades 3 through 10 and must.
 1181         b. A participating private school shall submit a request in
 1182  writing to the Department of Education by March 1 of each year
 1183  in order to administer the statewide assessments in the
 1184  subsequent school year.
 1185         (d) Employ or contract with teachers who have regular and
 1186  direct contact with each student receiving a scholarship under
 1187  this section at the school’s physical location.
 1188         (e) Provide a report from an independent certified public
 1189  accountant who performs the agreed-upon procedures developed
 1190  under s. 1002.395(6)(o) if the private school receives more than
 1191  $250,000 in funds from scholarships awarded under this section
 1192  in a state fiscal year. A private school subject to this
 1193  paragraph must annually submit the report by September 15 to the
 1194  organization that awarded the majority of the school’s
 1195  scholarship funds. The agreed-upon procedures must be conducted
 1196  in accordance with attestation standards established by the
 1197  American Institute of Certified Public Accountants.
 1198  
 1199  If a private school fails is unable to meet the requirements of
 1200  this subsection or s. 1002.421 or has consecutive years of
 1201  material exceptions listed in the report required under
 1202  paragraph (e), the commissioner may determine that the private
 1203  school is ineligible to participate in the scholarship program.
 1204         (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
 1205  shall:
 1206         (c) Investigate any written complaint of a violation of
 1207  this section by a parent, a student, a private school, a public
 1208  school or a school district, an organization, a provider, or
 1209  another appropriate party in accordance with the process
 1210  established by s. 1002.421 s. 1002.395(9)(f).
 1211         (10) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.—
 1212         (a) The Commissioner of Education:
 1213         1. May suspend or revoke program participation or use of
 1214  program funds by the student or participation or eligibility of
 1215  an organization, eligible private school, eligible postsecondary
 1216  educational institution, approved provider, or other party for a
 1217  violation of this section.
 1218         2. May determine the length of, and conditions for lifting,
 1219  a suspension or revocation specified in this subsection.
 1220         3. May recover unexpended program funds or withhold payment
 1221  of an equal amount of program funds to recover program funds
 1222  that were not authorized for use.
 1223         4. Shall deny or terminate program participation upon a
 1224  parent’s forfeiture of a Gardiner Scholarship pursuant to
 1225  subsection (11).
 1226         (11) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
 1227  PARTICIPATION.—A parent who applies for program participation
 1228  under this section is exercising his or her parental option to
 1229  determine the appropriate placement or the services that best
 1230  meet the needs of his or her child. The scholarship award for a
 1231  student is based on a matrix that assigns the student to support
 1232  Level III services. If a parent receives an IEP and a matrix of
 1233  services from the school district pursuant to subsection (7),
 1234  the amount of the payment shall be adjusted as needed, when the
 1235  school district completes the matrix.
 1236         (a) To satisfy or maintain program eligibility, including
 1237  eligibility to receive and spend program payments, the parent
 1238  must sign an agreement with the organization and annually submit
 1239  a notarized, sworn compliance statement to the organization to:
 1240         1. Affirm that the student is enrolled in a program that
 1241  meets regular school attendance requirements as provided in s.
 1242  1003.01(13)(b)-(d).
 1243         2. Affirm that the program funds are used only for
 1244  authorized purposes serving the student’s educational needs, as
 1245  described in subsection (5).
 1246         3. Affirm that the parent is responsible for the education
 1247  of his or her student by, as applicable:
 1248         a. Requiring the student to take an assessment in
 1249  accordance with paragraph (8)(b) paragraph (8)(c);
 1250         b. Providing an annual evaluation in accordance with s.
 1251  1002.41(1)(c); or
 1252         c. Requiring the child to take any preassessments and
 1253  postassessments selected by the provider if the child is 4 years
 1254  of age and is enrolled in a program provided by an eligible
 1255  Voluntary Prekindergarten Education Program provider. A student
 1256  with disabilities for whom a preassessment and postassessment is
 1257  not appropriate is exempt from this requirement. A participating
 1258  provider shall report a student’s scores to the parent.
 1259         4. Affirm that the student remains in good standing with
 1260  the provider or school if those options are selected by the
 1261  parent.
 1262  
 1263  A parent who fails to comply with this subsection forfeits the
 1264  Gardiner Scholarship.
 1265         Section 14. Subsections (8) through (14) of section
 1266  1002.39, Florida Statutes, are renumbered as subsections (7)
 1267  through (13), respectively, and paragraph (b) of subsection (2),
 1268  paragraph (h) of subsection (3), and present subsections (6),
 1269  (7), and (8) of that section are amended, to read:
 1270         1002.39 The John M. McKay Scholarships for Students with
 1271  Disabilities Program.—There is established a program that is
 1272  separate and distinct from the Opportunity Scholarship Program
 1273  and is named the John M. McKay Scholarships for Students with
 1274  Disabilities Program.
 1275         (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.—The parent of a
 1276  student with a disability may request and receive from the state
 1277  a John M. McKay Scholarship for the child to enroll in and
 1278  attend a private school in accordance with this section if:
 1279         (b) The parent has obtained acceptance for admission of the
 1280  student to a private school that is eligible for the program
 1281  under subsection (7) subsection (8) and has requested from the
 1282  department a scholarship at least 60 days before the date of the
 1283  first scholarship payment. The request must be communicated
 1284  directly to the department in a manner that creates a written or
 1285  electronic record of the request and the date of receipt of the
 1286  request. The department must notify the district of the parent’s
 1287  intent upon receipt of the parent’s request.
 1288         (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.—A student is
 1289  not eligible for a John M. McKay Scholarship:
 1290         (h) While he or she is not having regular and direct
 1291  contact with his or her private school teachers at the school’s
 1292  physical location unless he or she is enrolled in the private
 1293  school’s transition-to-work program pursuant to subsection (9)
 1294  subsection (10); or
 1295         (6) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
 1296  shall:
 1297         (a) Establish a toll-free hotline that provides parents and
 1298  private schools with information on participation in the John M.
 1299  McKay Scholarships for Students with Disabilities Program.
 1300         (b) Annually verify the eligibility of private schools that
 1301  meet the requirements of subsection (8).
 1302         (c) Establish a process by which individuals may notify the
 1303  department of any violation by a parent, private school, or
 1304  school district of state laws relating to program participation.
 1305  The department shall conduct an inquiry of any written complaint
 1306  of a violation of this section, or make a referral to the
 1307  appropriate agency for an investigation, if the complaint is
 1308  signed by the complainant and is legally sufficient. A complaint
 1309  is legally sufficient if it contains ultimate facts that show
 1310  that a violation of this section or any rule adopted by the
 1311  State Board of Education has occurred. In order to determine
 1312  legal sufficiency, the department may require supporting
 1313  information or documentation from the complainant. A department
 1314  inquiry is not subject to the requirements of chapter 120.
 1315         (d) Require an annual, notarized, sworn compliance
 1316  statement by participating private schools certifying compliance
 1317  with state laws and shall retain such records.
 1318         (e) cross-check the list of participating scholarship
 1319  students with the public school enrollment lists prior to each
 1320  scholarship payment to avoid duplication.
 1321         (f)1. Conduct random site visits to private schools
 1322  participating in the John M. McKay Scholarships for Students
 1323  with Disabilities Program. The purpose of the site visits is
 1324  solely to verify the information reported by the schools
 1325  concerning the enrollment and attendance of students, the
 1326  credentials of teachers, background screening of teachers, and
 1327  teachers’ fingerprinting results, which information is required
 1328  by rules of the State Board of Education, subsection (8), and s.
 1329  1002.421. The Department of Education may not make more than
 1330  three random site visits each year and may not make more than
 1331  one random site visit each year to the same private school.
 1332         2. Annually, by December 15, report to the Governor, the
 1333  President of the Senate, and the Speaker of the House of
 1334  Representatives the Department of Education’s actions with
 1335  respect to implementing accountability in the scholarship
 1336  program under this section and s. 1002.421, any substantiated
 1337  allegations or violations of law or rule by an eligible private
 1338  school under this program concerning the enrollment and
 1339  attendance of students, the credentials of teachers, background
 1340  screening of teachers, and teachers’ fingerprinting results and
 1341  the corrective action taken by the Department of Education.
 1342         (7) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.—
 1343         (a) The Commissioner of Education:
 1344         1. Shall deny, suspend, or revoke a private school’s
 1345  participation in the scholarship program if it is determined
 1346  that the private school has failed to comply with the provisions
 1347  of this section. However, if the noncompliance is correctable
 1348  within a reasonable amount of time and if the health, safety, or
 1349  welfare of the students is not threatened, the commissioner may
 1350  issue a notice of noncompliance which provides the private
 1351  school with a timeframe within which to provide evidence of
 1352  compliance before taking action to suspend or revoke the private
 1353  school’s participation in the scholarship program.
 1354         2. May deny, suspend, or revoke a private school’s
 1355  participation in the scholarship program if the commissioner
 1356  determines that an owner or operator of the private school is
 1357  operating or has operated an educational institution in this
 1358  state or in another state or jurisdiction in a manner contrary
 1359  to the health, safety, or welfare of the public.
 1360         a. In making such a determination, the commissioner may
 1361  consider factors that include, but are not limited to, acts or
 1362  omissions by an owner or operator which led to a previous denial
 1363  or revocation of participation in an education scholarship
 1364  program; an owner’s or operator’s failure to reimburse the
 1365  Department of Education for scholarship funds improperly
 1366  received or retained by a school; imposition of a prior criminal
 1367  sanction related to an owner’s or operator’s management or
 1368  operation of an educational institution; imposition of a civil
 1369  fine or administrative fine, license revocation or suspension,
 1370  or program eligibility suspension, termination, or revocation
 1371  related to an owner’s or operator’s management or operation of
 1372  an educational institution; or other types of criminal
 1373  proceedings in which an owner or operator was found guilty of,
 1374  regardless of adjudication, or entered a plea of nolo contendere
 1375  or guilty to, any offense involving fraud, deceit, dishonesty,
 1376  or moral turpitude.
 1377         b. For purposes of this subparagraph, the term “owner or
 1378  operator” includes an owner, operator, superintendent, or
 1379  principal of, or a person who has equivalent decisionmaking
 1380  authority over, a private school participating in the
 1381  scholarship program.
 1382         (b) The commissioner’s determination is subject to the
 1383  following:
 1384         1. If the commissioner intends to deny, suspend, or revoke
 1385  a private school’s participation in the scholarship program, the
 1386  department shall notify the private school of such proposed
 1387  action in writing by certified mail and regular mail to the
 1388  private school’s address of record with the department. The
 1389  notification shall include the reasons for the proposed action
 1390  and notice of the timelines and procedures set forth in this
 1391  paragraph.
 1392         2. The private school that is adversely affected by the
 1393  proposed action shall have 15 days from receipt of the notice of
 1394  proposed action to file with the department’s agency clerk a
 1395  request for a proceeding pursuant to ss. 120.569 and 120.57. If
 1396  the private school is entitled to a hearing under s. 120.57(1),
 1397  the department shall forward the request to the Division of
 1398  Administrative Hearings.
 1399         3. Upon receipt of a request referred pursuant to this
 1400  paragraph, the director of the Division of Administrative
 1401  Hearings shall expedite the hearing and assign an administrative
 1402  law judge who shall commence a hearing within 30 days after the
 1403  receipt of the formal written request by the division and enter
 1404  a recommended order within 30 days after the hearing or within
 1405  30 days after receipt of the hearing transcript, whichever is
 1406  later. Each party shall be allowed 10 days in which to submit
 1407  written exceptions to the recommended order. A final order shall
 1408  be entered by the agency within 30 days after the entry of a
 1409  recommended order. The provisions of this subparagraph may be
 1410  waived upon stipulation by all parties.
 1411         (c) The commissioner may immediately suspend payment of
 1412  scholarship funds if it is determined that there is probable
 1413  cause to believe that there is:
 1414         1. An imminent threat to the health, safety, or welfare of
 1415  the students; or
 1416         2. Fraudulent activity on the part of the private school.
 1417  Notwithstanding s. 1002.22, in incidents of alleged fraudulent
 1418  activity pursuant to this section, the Department of Education’s
 1419  Office of Inspector General is authorized to release personally
 1420  identifiable records or reports of students to the following
 1421  persons or organizations:
 1422         a. A court of competent jurisdiction in compliance with an
 1423  order of that court or the attorney of record in accordance with
 1424  a lawfully issued subpoena, consistent with the Family
 1425  Educational Rights and Privacy Act, 20 U.S.C. s. 1232g.
 1426         b. A person or entity authorized by a court of competent
 1427  jurisdiction in compliance with an order of that court or the
 1428  attorney of record pursuant to a lawfully issued subpoena,
 1429  consistent with the Family Educational Rights and Privacy Act,
 1430  20 U.S.C. s. 1232g.
 1431         c. Any person, entity, or authority issuing a subpoena for
 1432  law enforcement purposes when the court or other issuing agency
 1433  has ordered that the existence or the contents of the subpoena
 1434  or the information furnished in response to the subpoena not be
 1435  disclosed, consistent with the Family Educational Rights and
 1436  Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31.
 1437  
 1438  The commissioner’s order suspending payment pursuant to this
 1439  paragraph may be appealed pursuant to the same procedures and
 1440  timelines as the notice of proposed action set forth in
 1441  paragraph (b).
 1442         (7)(8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
 1443  eligible to participate in the John M. McKay Scholarships for
 1444  Students with Disabilities Program, a private school may be
 1445  sectarian or nonsectarian and must:
 1446         (a) Comply with all requirements for private schools
 1447  participating in state school choice scholarship programs
 1448  pursuant to s. 1002.421.
 1449         (b) Provide to the department all documentation required
 1450  for a student’s participation, including the private school’s
 1451  and student’s fee schedules, at least 30 days before any
 1452  quarterly scholarship payment is made for the student pursuant
 1453  to paragraph (10)(e) paragraph (11)(e). A student is not
 1454  eligible to receive a quarterly scholarship payment if the
 1455  private school fails to meet this deadline.
 1456         (c) Be academically accountable to the parent for meeting
 1457  the educational needs of the student by:
 1458         1. At a minimum, annually providing to the parent a written
 1459  explanation of the student’s progress.
 1460         2. Cooperating with the scholarship student whose parent
 1461  chooses to participate in the statewide assessments pursuant to
 1462  s. 1008.22.
 1463         (d) Maintain in this state a physical location where a
 1464  scholarship student regularly attends classes.
 1465  
 1466  If The inability of a private school fails to meet the
 1467  requirements of this subsection or s. 1002.421, the commissioner
 1468  may determine that the private school is ineligible shall
 1469  constitute a basis for the ineligibility of the private school
 1470  to participate in the scholarship program as determined by the
 1471  department.
 1472         Section 15. Present subsections (12) through (16) of
 1473  section 1002.395, Florida Statutes, are renumbered as
 1474  subsections (11) through (15), respectively, and paragraphs (f)
 1475  and (j) of subsection (2), paragraphs (b), (c), (f), and (g) of
 1476  subsection (5), paragraphs (n), (o), and (p) of subsection (6),
 1477  subsections (8) and (9), and present subsection (11) of that
 1478  section are amended, to read:
 1479         1002.395 Florida Tax Credit Scholarship Program.—
 1480         (2) DEFINITIONS.—As used in this section, the term:
 1481         (f) “Eligible nonprofit scholarship-funding organization”
 1482  means a state university; or an independent college or
 1483  university that is eligible to participate in the William L.
 1484  Boyd, IV, Florida Resident Access Grant Program, located and
 1485  chartered in this state, is not for profit, and is accredited by
 1486  the Commission on Colleges of the Southern Association of
 1487  Colleges and Schools; or is a charitable organization that:
 1488         1. Is exempt from federal income tax pursuant to s.
 1489  501(c)(3) of the Internal Revenue Code;
 1490         2. Is a Florida entity formed under chapter 605, chapter
 1491  607, or chapter 617 and whose principal office is located in the
 1492  state; and
 1493         3. Complies with subsections (6) and (15) subsections (6)
 1494  and (16).
 1495         (j) “Tax credit cap amount” means the maximum annual tax
 1496  credit amount that the department may approve for in a state
 1497  fiscal year.
 1498         (5) SCHOLARSHIP FUNDING TAX CREDITS; LIMITATIONS.—
 1499         (b) A taxpayer may submit an application to the department
 1500  for a tax credit or credits under one or more of s. 211.0251, s.
 1501  212.1831, s. 220.1875, s. 561.1211, or s. 624.51055.
 1502         1. The taxpayer shall specify in the application each tax
 1503  for which the taxpayer requests a credit and the applicable
 1504  taxable year for a credit under s. 220.1875 or s. 624.51055 or
 1505  the applicable state fiscal year for a credit under s. 211.0251,
 1506  s. 212.1831, or s. 561.1211. For purposes of s. 220.1875, a
 1507  taxpayer may apply for a credit to be used for a prior taxable
 1508  year before the date the taxpayer is required to file a return
 1509  for that year pursuant to s. 220.222. The department shall
 1510  approve tax credits on a first-come, first-served basis and must
 1511  obtain the division’s approval before approving a tax credit
 1512  under s. 561.1211.
 1513         2. Within 10 days after approving or denying an
 1514  application, the department shall provide a copy of its approval
 1515  or denial letter to the eligible nonprofit scholarship-funding
 1516  organization specified by the taxpayer in the application.
 1517         (c) If a tax credit approved under paragraph (b) is not
 1518  fully used within the specified state fiscal year for credits
 1519  under s. 211.0251, s. 212.1831, or s. 561.1211 or against taxes
 1520  due for the specified taxable year for credits under s. 220.1875
 1521  or s. 624.51055 because of insufficient tax liability on the
 1522  part of the taxpayer, the unused amount shall may be carried
 1523  forward for a period not to exceed 10 5 years. For purposes of
 1524  s. 220.1875, a credit carried forward may be used in a
 1525  subsequent year after applying the other credits and unused
 1526  carryovers in the order provided in s. 220.02(8). However, any
 1527  taxpayer that seeks to carry forward an unused amount of tax
 1528  credit must submit an application to the department for approval
 1529  of the carryforward tax credit in the year that the taxpayer
 1530  intends to use the carryforward. The department must obtain the
 1531  division’s approval prior to approving the carryforward of a tax
 1532  credit under s. 561.1211.
 1533         (f) Within 10 days after approving or denying an
 1534  application for a carryforward tax credit under paragraph (c),
 1535  the conveyance, transfer, or assignment of a tax credit under
 1536  paragraph (d), or the rescindment of a tax credit under
 1537  paragraph (e), the department shall provide a copy of its
 1538  approval or denial letter to the eligible nonprofit scholarship
 1539  funding organization specified by the taxpayer. The department
 1540  shall also include the eligible nonprofit scholarship-funding
 1541  organization specified by the taxpayer on all letters or
 1542  correspondence of acknowledgment for tax credits under s.
 1543  212.1831.
 1544         (g) For purposes of calculating the underpayment of
 1545  estimated corporate income taxes pursuant to s. 220.34 and tax
 1546  installment payments for taxes on insurance premiums or
 1547  assessments under s. 624.5092, the final amount due is the
 1548  amount after credits earned under s. 220.1875 or s. 624.51055
 1549  for contributions to eligible nonprofit scholarship-funding
 1550  organizations are deducted.
 1551         1. For purposes of determining if a penalty or interest
 1552  shall be imposed for underpayment of estimated corporate income
 1553  tax pursuant to s. 220.34(2)(d)1., a taxpayer may, after earning
 1554  a credit under s. 220.1875, reduce any the following estimated
 1555  payment in that taxable year by the amount of the credit. This
 1556  subparagraph applies to contributions made on or after July 1,
 1557  2014.
 1558         2. For purposes of determining if a penalty under s.
 1559  624.5092 shall be imposed, an insurer may, after earning a
 1560  credit under s. 624.51055, reduce the following installment
 1561  payment of 27 percent of the amount of the net tax due as
 1562  reported on the return for the preceding year under s.
 1563  624.5092(2)(b) by the amount of the credit. This subparagraph
 1564  applies to contributions made on or after July 1, 2014.
 1565         (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
 1566  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
 1567  organization:
 1568         (n) Must prepare and submit quarterly reports to the
 1569  Department of Education pursuant to paragraph (9)(i) paragraph
 1570  (9)(m). In addition, an eligible nonprofit scholarship-funding
 1571  organization must submit in a timely manner any information
 1572  requested by the Department of Education relating to the
 1573  scholarship program.
 1574         (o)1.a. Must participate in the joint development of
 1575  agreed-upon procedures to be performed by an independent
 1576  certified public accountant as required under paragraph (8)(e)
 1577  if the scholarship-funding organization provided more than
 1578  $250,000 in scholarship funds to an eligible private school
 1579  under this section during the 2009-2010 state fiscal year. The
 1580  agreed-upon procedures must uniformly apply to all private
 1581  schools and must determine, at a minimum, whether the private
 1582  school has been verified as eligible by the Department of
 1583  Education under s. 1002.421 paragraph (9)(c); has an adequate
 1584  accounting system, system of financial controls, and process for
 1585  deposit and classification of scholarship funds; and has
 1586  properly expended scholarship funds for education-related
 1587  expenses. During the development of the procedures, the
 1588  participating scholarship-funding organizations shall specify
 1589  guidelines governing the materiality of exceptions that may be
 1590  found during the accountant’s performance of the procedures. The
 1591  procedures and guidelines shall be provided to private schools
 1592  and the Commissioner of Education by March 15, 2011.
 1593         b. Must participate in a joint review of the agreed-upon
 1594  procedures and guidelines developed under sub-subparagraph a.,
 1595  by February of each biennium 2013 and biennially thereafter, if
 1596  the scholarship-funding organization provided more than $250,000
 1597  in scholarship funds to an eligible private school under this
 1598  chapter section during the state fiscal year preceding the
 1599  biennial review. If the procedures and guidelines are revised,
 1600  the revisions must be provided to private schools and the
 1601  Commissioner of Education by March 15 of the year in which the
 1602  revisions were completed. The revised agreed-upon procedures
 1603  shall take effect the subsequent school year. For the 2018-2019
 1604  school year only, the joint review of the agreed-upon procedures
 1605  must be completed and the revisions submitted to the
 1606  commissioner no later than September 15, 2018. The revised
 1607  procedures are applicable to the 2018-2019 school year, 2013,
 1608  and biennially thereafter.
 1609         c. Must monitor the compliance of a private school with s.
 1610  1002.421(1)(q) paragraph (8)(e) if the scholarship-funding
 1611  organization provided the majority of the scholarship funding to
 1612  the school. For each private school subject to s. 1002.421(1)(q)
 1613  paragraph (8)(e), the appropriate scholarship-funding
 1614  organization shall annually notify the Commissioner of Education
 1615  by October 30, 2011, and annually thereafter of:
 1616         (I) A private school’s failure to submit a report required
 1617  under s. 1002.421(1)(q) paragraph (8)(e); or
 1618         (II) Any material exceptions set forth in the report
 1619  required under s. 1002.421(1)(q) paragraph (8)(e).
 1620         2. Must seek input from the accrediting associations that
 1621  are members of the Florida Association of Academic Nonpublic
 1622  Schools and the Department of Education when jointly developing
 1623  the agreed-upon procedures and guidelines under sub-subparagraph
 1624  1.a. and conducting a review of those procedures and guidelines
 1625  under sub-subparagraph 1.b.
 1626         (p) Must maintain the surety bond or letter of credit
 1627  required by subsection (15) subsection (16). The amount of the
 1628  surety bond or letter of credit may be adjusted quarterly to
 1629  equal the actual amount of undisbursed funds based upon
 1630  submission by the organization of a statement from a certified
 1631  public accountant verifying the amount of undisbursed funds. The
 1632  requirements of this paragraph are waived if the cost of
 1633  acquiring a surety bond or letter of credit exceeds the average
 1634  10-year cost of acquiring a surety bond or letter of credit by
 1635  200 percent. The requirements of this paragraph are waived for a
 1636  state university; or an independent college or university which
 1637  is eligible to participate in the William L. Boyd, IV, Florida
 1638  Resident Access Grant Program, located and chartered in this
 1639  state, is not for profit, and is accredited by the Commission on
 1640  Colleges of the Southern Association of Colleges and Schools.
 1641  
 1642  Information and documentation provided to the Department of
 1643  Education and the Auditor General relating to the identity of a
 1644  taxpayer that provides an eligible contribution under this
 1645  section shall remain confidential at all times in accordance
 1646  with s. 213.053.
 1647         (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
 1648  private school may be sectarian or nonsectarian and must:
 1649         (a) Comply with all requirements for private schools
 1650  participating in state school choice scholarship programs
 1651  pursuant to s. 1002.421.
 1652         (b) Provide to the eligible nonprofit scholarship-funding
 1653  organization, upon request, all documentation required for the
 1654  student’s participation, including the private school’s and
 1655  student’s fee schedules.
 1656         (c) Be academically accountable to the parent for meeting
 1657  the educational needs of the student by:
 1658         1. At a minimum, annually providing to the parent a written
 1659  explanation of the student’s progress.
 1660         (b)1.2. Annually administer or make administering or making
 1661  provision for students participating in the scholarship program
 1662  in grades 3 through 10 to take one of the nationally norm
 1663  referenced tests identified by the Department of Education or
 1664  the statewide assessments pursuant to s. 1008.22. Students with
 1665  disabilities for whom standardized testing is not appropriate
 1666  are exempt from this requirement. A participating private school
 1667  must report a student’s scores to the parent. A participating
 1668  private school must annually report by August 15 the scores of
 1669  all participating students to a state university the Learning
 1670  System Institute described in paragraph (9)(f) paragraph (9)(j).
 1671         2.3. Administer Cooperating with the scholarship student
 1672  whose parent chooses to have the student participate in the
 1673  statewide assessments pursuant to s. 1008.22 or, if a private
 1674  school chooses to offer the statewide assessments, administering
 1675  the assessments at the school.
 1676         a. A participating private school may choose to offer and
 1677  administer the statewide assessments to all students who attend
 1678  the private school in grades 3 through 10 and.
 1679         b. A participating private school must submit a request in
 1680  writing to the Department of Education by March 1 of each year
 1681  in order to administer the statewide assessments in the
 1682  subsequent school year.
 1683         (d) Employ or contract with teachers who have regular and
 1684  direct contact with each student receiving a scholarship under
 1685  this section at the school’s physical location.
 1686         (e) Provide a report from an independent certified public
 1687  accountant who performs the agreed-upon procedures developed
 1688  under paragraph (6)(o) if the private school receives more than
 1689  $250,000 in funds from scholarships awarded under this section
 1690  in a state fiscal year. A private school subject to this
 1691  paragraph must annually submit the report by September 15 to the
 1692  scholarship-funding organization that awarded the majority of
 1693  the school’s scholarship funds. The agreed-upon procedures must
 1694  be conducted in accordance with attestation standards
 1695  established by the American Institute of Certified Public
 1696  Accountants.
 1697  
 1698  If a private school fails is unable to meet the requirements of
 1699  this subsection or s. 1002.421 or has consecutive years of
 1700  material exceptions listed in the report required under
 1701  paragraph (e), the commissioner may determine that the private
 1702  school is ineligible to participate in the scholarship program
 1703  as determined by the Department of Education.
 1704         (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The Department of
 1705  Education shall:
 1706         (a) Annually submit to the department and division, by
 1707  March 15, a list of eligible nonprofit scholarship-funding
 1708  organizations that meet the requirements of paragraph (2)(f).
 1709         (b) Annually verify the eligibility of nonprofit
 1710  scholarship-funding organizations that meet the requirements of
 1711  paragraph (2)(f).
 1712         (c) Annually verify the eligibility of private schools that
 1713  meet the requirements of subsection (8).
 1714         (c)(d) Annually verify the eligibility of expenditures as
 1715  provided in paragraph (6)(d) using the audit required by
 1716  paragraph (6)(m) and s. 11.45(2)(l) s. 11.45(2)(k).
 1717         (e) Establish a toll-free hotline that provides parents and
 1718  private schools with information on participation in the
 1719  scholarship program.
 1720         (f) Establish a process by which individuals may notify the
 1721  Department of Education of any violation by a parent, private
 1722  school, or school district of state laws relating to program
 1723  participation. The Department of Education shall conduct an
 1724  inquiry of any written complaint of a violation of this section,
 1725  or make a referral to the appropriate agency for an
 1726  investigation, if the complaint is signed by the complainant and
 1727  is legally sufficient. A complaint is legally sufficient if it
 1728  contains ultimate facts that show that a violation of this
 1729  section or any rule adopted by the State Board of Education has
 1730  occurred. In order to determine legal sufficiency, the
 1731  Department of Education may require supporting information or
 1732  documentation from the complainant. A department inquiry is not
 1733  subject to the requirements of chapter 120.
 1734         (g) Require an annual, notarized, sworn compliance
 1735  statement by participating private schools certifying compliance
 1736  with state laws and shall retain such records.
 1737         (d)(h) Cross-check the list of participating scholarship
 1738  students with the public school enrollment lists to avoid
 1739  duplication.
 1740         (e)(i) Maintain a list of nationally norm-referenced tests
 1741  identified for purposes of satisfying the testing requirement in
 1742  subparagraph (8)(b)1 subparagraph (8)(c)2. The tests must meet
 1743  industry standards of quality in accordance with State Board of
 1744  Education rule.
 1745         (f)(j) Issue a project grant award to a state university
 1746  the Learning System Institute at the Florida State University,
 1747  to which participating private schools must report the scores of
 1748  participating students on the nationally norm-referenced tests
 1749  or the statewide assessments administered by the private school
 1750  in grades 3 through 10. The project term is 2 years, and the
 1751  amount of the project is up to $250,000 $500,000 per year. The
 1752  project grant award must be reissued in 2-year intervals in
 1753  accordance with this paragraph.
 1754         1. The state university Learning System Institute must
 1755  annually report to the Department of Education on the student
 1756  performance of participating students:
 1757         a. On a statewide basis. The report shall also include, to
 1758  the extent possible, a comparison of scholarship students’
 1759  performance to the statewide student performance of public
 1760  school students with socioeconomic backgrounds similar to those
 1761  of students participating in the scholarship program. To
 1762  minimize costs and reduce time required for the state
 1763  university’s Learning System Institute’s analysis and
 1764  evaluation, the Department of Education shall coordinate with
 1765  the state university Learning System Institute to provide data
 1766  to the state university Learning System Institute in order to
 1767  conduct analyses of matched students from public school
 1768  assessment data and calculate control group student performance
 1769  using an agreed-upon methodology with the state university
 1770  Learning System Institute; and
 1771         b. On an individual school basis. The annual report must
 1772  include student performance for each participating private
 1773  school in which at least 51 percent of the total enrolled
 1774  students in the private school participated in the Florida Tax
 1775  Credit Scholarship Program in the prior school year. The report
 1776  shall be according to each participating private school, and for
 1777  participating students, in which there are at least 30
 1778  participating students who have scores for tests administered.
 1779  If the state university Learning System Institute determines
 1780  that the 30-participating-student cell size may be reduced
 1781  without disclosing personally identifiable information, as
 1782  described in 34 C.F.R. s. 99.12, of a participating student, the
 1783  state university Learning System Institute may reduce the
 1784  participating-student cell size, but the cell size must not be
 1785  reduced to less than 10 participating students. The department
 1786  shall provide each private school’s prior school year’s student
 1787  enrollment information to the state university Learning System
 1788  Institute no later than June 15 of each year, or as requested by
 1789  the state university Learning System Institute.
 1790         2. The sharing and reporting of student performance data
 1791  under this paragraph must be in accordance with requirements of
 1792  ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g, the Family
 1793  Educational Rights and Privacy Act, and the applicable rules and
 1794  regulations issued pursuant thereto, and shall be for the sole
 1795  purpose of creating the annual report required by subparagraph
 1796  1. All parties must preserve the confidentiality of such
 1797  information as required by law. The annual report must not
 1798  disaggregate data to a level that will identify individual
 1799  participating schools, except as required under sub-subparagraph
 1800  1.b., or disclose the academic level of individual students.
 1801         3. The annual report required by subparagraph 1. shall be
 1802  published by the Department of Education on its website.
 1803         (g)(k) Notify an eligible nonprofit scholarship-funding
 1804  organization of any of the organization’s identified students
 1805  who are receiving educational scholarships pursuant to chapter
 1806  1002.
 1807         (h)(l) Notify an eligible nonprofit scholarship-funding
 1808  organization of any of the organization’s identified students
 1809  who are receiving tax credit scholarships from other eligible
 1810  nonprofit scholarship-funding organizations.
 1811         (i)(m) Require quarterly reports by an eligible nonprofit
 1812  scholarship-funding organization regarding the number of
 1813  students participating in the scholarship program, the private
 1814  schools at which the students are enrolled, and other
 1815  information deemed necessary by the Department of Education.
 1816         (n)1. Conduct site visits to private schools participating
 1817  in the Florida Tax Credit Scholarship Program. The purpose of
 1818  the site visits is solely to verify the information reported by
 1819  the schools concerning the enrollment and attendance of
 1820  students, the credentials of teachers, background screening of
 1821  teachers, and teachers’ fingerprinting results. The Department
 1822  of Education may not make more than seven site visits each year;
 1823  however, the department may make additional site visits at any
 1824  time to any school that has received a notice of noncompliance
 1825  or a notice of proposed action within the previous 2 years.
 1826         2. Annually, by December 15, report to the Governor, the
 1827  President of the Senate, and the Speaker of the House of
 1828  Representatives the Department of Education’s actions with
 1829  respect to implementing accountability in the scholarship
 1830  program under this section and s. 1002.421, any substantiated
 1831  allegations or violations of law or rule by an eligible private
 1832  school under this program concerning the enrollment and
 1833  attendance of students, the credentials of teachers, background
 1834  screening of teachers, and teachers’ fingerprinting results and
 1835  the corrective action taken by the Department of Education.
 1836         (j)(o) Provide a process to match the direct certification
 1837  list with the scholarship application data submitted by any
 1838  nonprofit scholarship-funding organization eligible to receive
 1839  the 3-percent administrative allowance under paragraph (6)(j).
 1840         (p) Upon the request of a participating private school,
 1841  provide at no cost to the school the statewide assessments
 1842  administered under s. 1008.22 and any related materials for
 1843  administering the assessments. Students at a private school may
 1844  be assessed using the statewide assessments if the addition of
 1845  those students and the school does not cause the state to exceed
 1846  its contractual caps for the number of students tested and the
 1847  number of testing sites. The state shall provide the same
 1848  materials and support to a private school that it provides to a
 1849  public school. A private school that chooses to administer
 1850  statewide assessments under s. 1008.22 shall follow the
 1851  requirements set forth in ss. 1008.22 and 1008.24, rules adopted
 1852  by the State Board of Education to implement those sections, and
 1853  district-level testing policies established by the district
 1854  school board.
 1855         (11) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.—
 1856         (a)1. The Commissioner of Education shall deny, suspend, or
 1857  revoke a private school’s participation in the scholarship
 1858  program if it is determined that the private school has failed
 1859  to comply with the provisions of this section. However, in
 1860  instances in which the noncompliance is correctable within a
 1861  reasonable amount of time and in which the health, safety, or
 1862  welfare of the students is not threatened, the commissioner may
 1863  issue a notice of noncompliance that shall provide the private
 1864  school with a timeframe within which to provide evidence of
 1865  compliance prior to taking action to suspend or revoke the
 1866  private school’s participation in the scholarship program.
 1867         2. The Commissioner of Education may deny, suspend, or
 1868  revoke a private school’s participation in the scholarship
 1869  program if the commissioner determines that:
 1870         a. An owner or operator of a private school has exhibited a
 1871  previous pattern of failure to comply with this section or s.
 1872  1002.421; or
 1873         b. An owner or operator of the private school is operating
 1874  or has operated an educational institution in this state or
 1875  another state or jurisdiction in a manner contrary to the
 1876  health, safety, or welfare of the public.
 1877  
 1878  In making the determination under this subparagraph, the
 1879  commissioner may consider factors that include, but are not
 1880  limited to, acts or omissions by an owner or operator that led
 1881  to a previous denial or revocation of participation in an
 1882  education scholarship program; an owner’s or operator’s failure
 1883  to reimburse the Department of Education or a nonprofit
 1884  scholarship-funding organization for scholarship funds
 1885  improperly received or retained by a school; imposition of a
 1886  prior criminal sanction, civil fine, administrative fine,
 1887  license revocation or suspension, or program eligibility
 1888  suspension, termination, or revocation related to an owner’s or
 1889  operator’s management or operation of an educational
 1890  institution; or other types of criminal proceedings in which the
 1891  owner or operator was found guilty of, regardless of
 1892  adjudication, or entered a plea of nolo contendere or guilty to,
 1893  any offense involving fraud, deceit, dishonesty, or moral
 1894  turpitude.
 1895         (b) The commissioner’s determination is subject to the
 1896  following:
 1897         1. If the commissioner intends to deny, suspend, or revoke
 1898  a private school’s participation in the scholarship program, the
 1899  Department of Education shall notify the private school of such
 1900  proposed action in writing by certified mail and regular mail to
 1901  the private school’s address of record with the Department of
 1902  Education. The notification shall include the reasons for the
 1903  proposed action and notice of the timelines and procedures set
 1904  forth in this paragraph.
 1905         2. The private school that is adversely affected by the
 1906  proposed action shall have 15 days from receipt of the notice of
 1907  proposed action to file with the Department of Education’s
 1908  agency clerk a request for a proceeding pursuant to ss. 120.569
 1909  and 120.57. If the private school is entitled to a hearing under
 1910  s. 120.57(1), the Department of Education shall forward the
 1911  request to the Division of Administrative Hearings.
 1912         3. Upon receipt of a request referred pursuant to this
 1913  paragraph, the director of the Division of Administrative
 1914  Hearings shall expedite the hearing and assign an administrative
 1915  law judge who shall commence a hearing within 30 days after the
 1916  receipt of the formal written request by the division and enter
 1917  a recommended order within 30 days after the hearing or within
 1918  30 days after receipt of the hearing transcript, whichever is
 1919  later. Each party shall be allowed 10 days in which to submit
 1920  written exceptions to the recommended order. A final order shall
 1921  be entered by the agency within 30 days after the entry of a
 1922  recommended order. The provisions of this subparagraph may be
 1923  waived upon stipulation by all parties.
 1924         (c) The commissioner may immediately suspend payment of
 1925  scholarship funds if it is determined that there is probable
 1926  cause to believe that there is:
 1927         1. An imminent threat to the health, safety, and welfare of
 1928  the students;
 1929         2. A previous pattern of failure to comply with this
 1930  section or s. 1002.421; or
 1931         3. Fraudulent activity on the part of the private school.
 1932  Notwithstanding s. 1002.22, in incidents of alleged fraudulent
 1933  activity pursuant to this section, the Department of Education’s
 1934  Office of Inspector General is authorized to release personally
 1935  identifiable records or reports of students to the following
 1936  persons or organizations:
 1937         a. A court of competent jurisdiction in compliance with an
 1938  order of that court or the attorney of record in accordance with
 1939  a lawfully issued subpoena, consistent with the Family
 1940  Educational Rights and Privacy Act, 20 U.S.C. s. 1232g.
 1941         b. A person or entity authorized by a court of competent
 1942  jurisdiction in compliance with an order of that court or the
 1943  attorney of record pursuant to a lawfully issued subpoena,
 1944  consistent with the Family Educational Rights and Privacy Act,
 1945  20 U.S.C. s. 1232g.
 1946         c. Any person, entity, or authority issuing a subpoena for
 1947  law enforcement purposes when the court or other issuing agency
 1948  has ordered that the existence or the contents of the subpoena
 1949  or the information furnished in response to the subpoena not be
 1950  disclosed, consistent with the Family Educational Rights and
 1951  Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31.
 1952  
 1953  The commissioner’s order suspending payment pursuant to this
 1954  paragraph may be appealed pursuant to the same procedures and
 1955  timelines as the notice of proposed action set forth in
 1956  paragraph (b).
 1957         Section 16. Effective upon this act becoming a law, section
 1958  1002.40, Florida Statutes, is created to read:
 1959         1002.40 The Hope Scholarship Program.—
 1960         (1) PURPOSE.—The Hope Scholarship Program is established to
 1961  provide the parent of a public school student who was subjected
 1962  to an incident listed in subsection (3) an opportunity to
 1963  transfer the student to another public school or to request a
 1964  scholarship for the student to enroll in and attend an eligible
 1965  private school.
 1966         (2) DEFINITIONS.—As used in this section, the term:
 1967         (a) “Dealer” has the same meaning as provided in s. 212.06.
 1968         (b) “Department” means the Department of Education.
 1969         (c) “Designated agent” has the same meaning as provided in
 1970  s. 212.06(10).
 1971         (d) “Eligible contribution” or “contribution” means a
 1972  monetary contribution from a person purchasing a motor vehicle,
 1973  subject to the restrictions provided in this section, to an
 1974  eligible nonprofit scholarship-funding organization. The person
 1975  making the contribution may not designate a specific student as
 1976  the beneficiary of the contribution.
 1977         (e) “Eligible nonprofit scholarship-funding organization”
 1978  or “organization” has the same meaning as provided in s.
 1979  1002.395(2)(f).
 1980         (f) “Eligible private school” has the same meaning as
 1981  provided in s. 1002.395(2)(g).
 1982         (g) “Motor vehicle” has the same meaning as provided in s.
 1983  320.01(1)(a), but does not include a heavy truck, truck tractor,
 1984  trailer, or motorcycle.
 1985         (h) “Parent” means a resident of this state who is a
 1986  parent, as defined in s. 1000.21, and whose student reported an
 1987  incident in accordance with subsection (6).
 1988         (i) “Program” means the Hope Scholarship Program.
 1989         (j) “School” means any educational program or activity
 1990  conducted by a public K-12 educational institution, any school
 1991  related or school-sponsored program or activity, and riding on a
 1992  school bus, as defined in s. 1006.25(1), including waiting at a
 1993  school bus stop.
 1994         (k) “Unweighted FTE funding amount” means the statewide
 1995  average total funds per unweighted full-time equivalent funding
 1996  amount that is incorporated by reference in the General
 1997  Appropriations Act, or by a subsequent special appropriations
 1998  act, for the applicable state fiscal year.
 1999         (3) PROGRAM ELIGIBILITY.—Beginning with the 2018-2019
 2000  school year, contingent upon available funds, and on a first
 2001  come, first-served basis, a student enrolled in a Florida public
 2002  school in kindergarten through grade 12 is eligible for a
 2003  scholarship under this program if the student reported an
 2004  incident in accordance with subsection (6). For purposes of this
 2005  section, the term “incident” means battery; harassment; hazing;
 2006  bullying; kidnapping; physical attack; robbery; sexual offenses,
 2007  harassment, assault, or battery; threat or intimidation; or
 2008  fighting at school, as defined by the department in accordance
 2009  with s. 1006.09(6).
 2010         (4) PROGRAM PROHIBITIONS.—Payment of a scholarship to a
 2011  student enrolled in a private school may not be made if a
 2012  student is:
 2013         (a) Enrolled in a public school, including, but not limited
 2014  to, the Florida School for the Deaf and the Blind; the College
 2015  Preparatory Boarding Academy; a developmental research school
 2016  authorized under s. 1002.32; or a charter school authorized
 2017  under s. 1002.33, s. 1002.331, or s. 1002.332;
 2018         (b) Enrolled in a school operating for the purpose of
 2019  providing educational services to youth in the Department of
 2020  Juvenile Justice commitment programs;
 2021         (c) Participating in a virtual school, correspondence
 2022  school, or distance learning program that receives state funding
 2023  pursuant to the student’s participation unless the participation
 2024  is limited to no more than two courses per school year; or
 2025         (d) Receiving any other educational scholarship pursuant to
 2026  this chapter.
 2027         (5) TERM OF HOPE SCHOLARSHIP.-For purposes of continuity of
 2028  educational choice, a Hope scholarship shall remain in force
 2029  until the student returns to public school or graduates from
 2030  high school, whichever occurs first. A scholarship student who
 2031  enrolls in a public school or public school program is
 2032  considered to have returned to a public school for the purpose
 2033  of determining the end of the scholarship’s term.
 2034         (6) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—
 2035         (a) Upon receipt of a report of an incident, the school
 2036  principal, or his or her designee, shall provide a copy of the
 2037  report to the parent and investigate the incident to determine
 2038  if the incident must be reported as required by s. 1006.09(6).
 2039  Within 24 hours after receipt of the report, the principal or
 2040  his or her designee shall provide a copy of the report to the
 2041  parent of the alleged offender and to the superintendent. Upon
 2042  conclusion of the investigation or within 15 days after the
 2043  incident was reported, whichever occurs first, the school
 2044  district shall notify the parent of the program and offer the
 2045  parent an opportunity to enroll his or her student in another
 2046  public school that has capacity or to request and receive a
 2047  scholarship to attend an eligible private school, subject to
 2048  available funding. A parent who chooses to enroll his or her
 2049  student in a public school located outside the district in which
 2050  the student resides pursuant to s. 1002.31 shall be eligible for
 2051  a scholarship to transport the student as provided in paragraph
 2052  (11)(b).
 2053         (b) For each student participating in the program in an
 2054  eligible private school who chooses to participate in the
 2055  statewide assessments under s. 1008.22 or the Florida Alternate
 2056  Assessment, the school district in which the student resides
 2057  must notify the student and his or her parent about the
 2058  locations and times to take all statewide assessments.
 2059         (7) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
 2060  private school may be sectarian or nonsectarian and shall:
 2061         (a) Comply with all requirements for private schools
 2062  participating in state school choice scholarship programs
 2063  pursuant to this section and s. 1002.421.
 2064         (b)1. Annually administer or make provision for students
 2065  participating in the program in grades 3 through 10 to take one
 2066  of the nationally norm-referenced tests identified by the
 2067  department or the statewide assessments pursuant to s. 1008.22.
 2068  Students with disabilities for whom standardized testing is not
 2069  appropriate are exempt from this requirement. A participating
 2070  private school shall report a student’s scores to his or her
 2071  parent.
 2072         2. Administer the statewide assessments pursuant to s.
 2073  1008.22 if a private school chooses to offer the statewide
 2074  assessments. A participating private school may choose to offer
 2075  and administer the statewide assessments to all students who
 2076  attend the private school in grades 3 through 10 and must submit
 2077  a request in writing to the department by March 1 of each year
 2078  in order to administer the statewide assessments in the
 2079  subsequent school year.
 2080  
 2081  If a private school fails to meet the requirements of this
 2082  subsection or s. 1002.421, the commissioner may determine that
 2083  the private school is ineligible to participate in the program.
 2084         (8) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
 2085  shall:
 2086         (a) Cross-check the list of participating scholarship
 2087  students with the public school enrollment lists to avoid
 2088  duplication.
 2089         (b) Maintain a list of nationally norm-referenced tests
 2090  identified for purposes of satisfying the testing requirement in
 2091  paragraph (9)(f). The tests must meet industry standards of
 2092  quality in accordance with State Board of Education rule.
 2093         (c) Require quarterly reports by an eligible nonprofit
 2094  scholarship-funding organization regarding the number of
 2095  students participating in the program, the private schools in
 2096  which the students are enrolled, and other information deemed
 2097  necessary by the department.
 2098         (d) Contract with an independent entity to provide an
 2099  annual evaluation of the program by:
 2100         1. Reviewing the school bullying prevention education
 2101  program, climate and code of student conduct of each public
 2102  school from which 10 or more students transferred to another
 2103  public school or private school using the Hope scholarship to
 2104  determine areas in the school or school district procedures
 2105  involving reporting, investigating, and communicating a parent’s
 2106  and student’s rights that are in need of improvement. At a
 2107  minimum, the review must include:
 2108         a. An assessment of the investigation time and quality of
 2109  the response of the school and the school district.
 2110         b. An assessment of the effectiveness of communication
 2111  procedures with the students involved in an incident, the
 2112  students’ parents, and the school and school district personnel.
 2113         c. An analysis of school incident and discipline data.
 2114         d. The challenges and obstacles relating to implementing
 2115  recommendations from the review.
 2116         2. Reviewing the school bullying prevention education
 2117  program, climate and code of student conduct of each public
 2118  school to which a student transferred if the student was from a
 2119  school identified in subparagraph 1. in order to identify best
 2120  practices and make recommendations to a public school at which
 2121  the incidents occurred.
 2122         3. Reviewing the performance of participating students
 2123  enrolled in a private school in which at least 51 percent of the
 2124  total enrolled students in the prior school year participated in
 2125  the program and in which there are at least 10 participating
 2126  students who have scores for tests administered.
 2127         4. Surveying the parents of participating students to
 2128  determine academic, safety, and school climate satisfaction and
 2129  to identify any challenges to or obstacles in addressing the
 2130  incident or relating to the use of the scholarship.
 2131         (9) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
 2132  PARTICIPATION.—A parent who applies for a Hope scholarship is
 2133  exercising his or her parental option to place his or her
 2134  student in an eligible private school.
 2135         (a) The parent must select an eligible private school and
 2136  apply for the admission of his or her student.
 2137         (b) The parent must inform the student’s school district
 2138  when the parent withdraws his or her student to attend an
 2139  eligible private school.
 2140         (c) Any student participating in the program must remain in
 2141  attendance throughout the school year unless excused by the
 2142  school for illness or other good cause.
 2143         (d) Each parent and each student has an obligation to the
 2144  private school to comply with such school’s published policies.
 2145         (e) Upon reasonable notice to the department and the school
 2146  district, the parent may remove the student from the private
 2147  school and place the student in a public school in accordance
 2148  with this section.
 2149         (f) The parent must ensure that the student participating
 2150  in the program takes the norm-referenced assessment offered by
 2151  the private school. The parent may also choose to have the
 2152  student participate in the statewide assessments pursuant to s.
 2153  1008.22. If the parent requests that the student take the
 2154  statewide assessments pursuant to s. 1008.22 and the private
 2155  school has not chosen to offer and administer the statewide
 2156  assessments, the parent is responsible for transporting the
 2157  student to the assessment site designated by the school
 2158  district.
 2159         (g) Upon receipt of a scholarship warrant, the parent to
 2160  whom the warrant is made must restrictively endorse the warrant
 2161  to the private school for deposit into the account of such
 2162  school. If payment is made by funds transfer in accordance with
 2163  paragraph (11)(d), the parent must approve each payment before
 2164  the scholarship funds may be deposited. The parent may not
 2165  designate any entity or individual associated with the
 2166  participating private school as the parent’s attorney in fact to
 2167  endorse a scholarship warrant or approve a funds transfer. A
 2168  parent who fails to comply with this paragraph forfeits the
 2169  scholarship.
 2170         (10) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
 2171  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
 2172  organization may establish scholarships for eligible students
 2173  by:
 2174         (a) Receiving applications and determining student
 2175  eligibility in accordance with the requirements of this section.
 2176         (b) Notifying parents of their receipt of a scholarship on
 2177  a first-come, first-served basis, based upon available funds.
 2178         (c) Establishing a date by which the parent of a
 2179  participating student must confirm continuing participation in
 2180  the program.
 2181         (d) Awarding scholarship funds to eligible students, giving
 2182  priority to renewing students from the previous year.
 2183         (e) Preparing and submitting quarterly reports to the
 2184  department pursuant to paragraph (8)(c). In addition, an
 2185  eligible nonprofit scholarship-funding organization must submit
 2186  in a timely manner any information requested by the department
 2187  relating to the program.
 2188         (f) Notifying the department of any violation of this
 2189  section.
 2190         (11) FUNDING AND PAYMENT.—
 2191         (a) The maximum amount awarded to a student enrolled in an
 2192  eligible private school shall be determined as a percentage of
 2193  the unweighted FTE funding amount for that state fiscal year and
 2194  thereafter as follows:
 2195         1. Eighty-eight percent for a student enrolled in
 2196  kindergarten through grade 5.
 2197         2. Ninety-two percent for a student enrolled in grade 6
 2198  through grade 8.
 2199         3. Ninety-six percent for a student enrolled in grade 9
 2200  through grade 12.
 2201         (b) The maximum amount awarded to a student enrolled in a
 2202  public school located outside of the district in which the
 2203  student resides shall be $750.
 2204         (c) When a student enters the program, the eligible
 2205  nonprofit scholarship-funding organization must receive all
 2206  documentation required for the student’s participation,
 2207  including a copy of the report of the incident received pursuant
 2208  to subsection (6) and the private school’s and student’s fee
 2209  schedules. The initial payment shall be made after verification
 2210  of admission acceptance, and subsequent payments shall be made
 2211  upon verification of continued enrollment and attendance at the
 2212  private school.
 2213         (d) Payment of the scholarship by the eligible nonprofit
 2214  scholarship-funding organization may be by individual warrant
 2215  made payable to the student’s parent or by funds transfer,
 2216  including, but not limited to, debit cards, electronic payment
 2217  cards, or any other means of payment that the department deems
 2218  to be commercially viable or cost-effective. If payment is made
 2219  by warrant, the warrant must be delivered by the eligible
 2220  nonprofit scholarship-funding organization to the private school
 2221  of the parent’s choice, and the parent shall restrictively
 2222  endorse the warrant to the private school. If payments are made
 2223  by funds transfer, the parent must approve each payment before
 2224  the scholarship funds may be deposited. The parent may not
 2225  designate any entity or individual associated with the
 2226  participating private school as the parent’s attorney in fact to
 2227  endorse a scholarship warrant or approve a funds transfer.
 2228         (e) An eligible nonprofit scholarship-funding organization
 2229  shall obtain verification from the private school of a student’s
 2230  continued attendance at the school for each period covered by a
 2231  scholarship payment.
 2232         (f) Payment of the scholarship shall be made by the
 2233  eligible nonprofit scholarship-funding organization no less
 2234  frequently than on a quarterly basis.
 2235         (g) An eligible nonprofit scholarship-funding organization
 2236  may use up to 3 percent of eligible contributions received
 2237  during the state fiscal year in which such contributions are
 2238  collected for administrative expenses if the organization has
 2239  operated as an eligible nonprofit scholarship-funding
 2240  organization for at least the preceding 3 fiscal years and did
 2241  not have any findings of material weakness or material
 2242  noncompliance in its most recent audit under s. 1002.395(6)(m).
 2243  Such administrative expenses must be reasonable and necessary
 2244  for the organization’s management and distribution of eligible
 2245  contributions under this section. Funds authorized under this
 2246  paragraph may not be used for lobbying or political activity or
 2247  expenses related to lobbying or political activity. Up to one
 2248  third of the funds authorized for administrative expenses under
 2249  this paragraph may be used for expenses related to the
 2250  recruitment of contributions. An eligible nonprofit scholarship
 2251  funding organization may not charge an application fee.
 2252         (h) Moneys received pursuant to this section do not
 2253  constitute taxable income to the qualified student or his or her
 2254  parent.
 2255         (12) OBLIGATIONS OF THE AUDITOR GENERAL.—
 2256         (a) The Auditor General shall conduct an annual operational
 2257  audit of accounts and records of each organization that
 2258  participates in the program. As part of this audit, the Auditor
 2259  General shall verify, at a minimum, the total number of students
 2260  served and transmit that information to the department. The
 2261  Auditor General shall provide the commissioner with a copy of
 2262  each annual operational audit performed pursuant to this
 2263  paragraph within 10 days after the audit is finalized.
 2264         (b) The Auditor General shall notify the department of any
 2265  organization that fails to comply with a request for
 2266  information.
 2267         (13) SCHOLARSHIP FUNDING TAX CREDITS—
 2268         (a) A tax credit is available under s. 212.1832(1) for use
 2269  by a person that makes an eligible contribution. Each eligible
 2270  contribution is limited to a single payment of $105 per motor
 2271  vehicle purchased at the time of purchase of a motor vehicle or
 2272  a single payment of $105 per motor vehicle purchased at the time
 2273  of registration of a motor vehicle that was not purchased from a
 2274  dealer, except that a contribution may not exceed the state tax
 2275  imposed under chapter 212 that would otherwise be collected from
 2276  the purchaser by a dealer, designated agent, or private tag
 2277  agent. Payments of contributions shall be made to a dealer at
 2278  the time of purchase of a motor vehicle or to a designated agent
 2279  or private tag agent at the time of registration of a motor
 2280  vehicle that was not purchased from a dealer. An eligible
 2281  contribution shall be accompanied by a contribution election
 2282  form provided by the Department of Revenue. The form shall
 2283  include, at a minimum, the following brief description of the
 2284  Hope Scholarship Program: “THE HOPE SCHOLARSHIP PROGRAM PROVIDES
 2285  A PUBLIC SCHOOL STUDENT WHO WAS SUBJECTED TO AN INCIDENT OF
 2286  VIOLENCE OR BULLYING AT SCHOOL THE OPPORTUNITY TO APPLY FOR A
 2287  SCHOLARSHIP TO ATTEND AN ELIGIBLE PRIVATE SCHOOL RATHER THAN
 2288  REMAIN IN AN UNSAFE SCHOOL ENVIRONMENT.” The form shall also
 2289  include, at a minimum, a section allowing the consumer to
 2290  designate, from all participating scholarship funding
 2291  organizations, which organization will receive his or her
 2292  donation. For purposes of this subsection, the term “purchase”
 2293  does not include the lease or rental of a motor vehicle.
 2294         (b) A dealer, designated agent, or private tag agent shall:
 2295         1. Provide the purchaser the contribution election form, as
 2296  provided by the Department of Revenue, at the time of purchase
 2297  of a motor vehicle or at the time of registration of a motor
 2298  vehicle that was not purchased from a dealer.
 2299         2. Collect eligible contributions.
 2300         3. Using a form provided by the Department of Revenue,
 2301  which shall include the dealer’s or agent’s federal employer
 2302  identification number, remit to an organization no later than
 2303  the date the return filed pursuant to s. 212.11 is due the total
 2304  amount of contributions made to that organization and collected
 2305  during the preceding reporting period. Using the same form, the
 2306  dealer or agent shall also report this information to the
 2307  Department of Revenue no later than the date the return filed
 2308  pursuant to s. 212.11 is due.
 2309         4. Report to the Department of Revenue on each return filed
 2310  pursuant to s. 212.11 the total amount of credits granted under
 2311  s. 212.1832 for the preceding reporting period.
 2312         (c) An organization shall report to the Department of
 2313  Revenue, on or before the 20th day of each month, the total
 2314  amount of contributions received pursuant to paragraph (b) in
 2315  the preceding calendar month on a form provided by the
 2316  Department of Revenue. Such report shall include:
 2317         1. The federal employer identification number of each
 2318  designated agent, private tag agent, or dealer who remitted
 2319  contributions to the organization during that reporting period.
 2320         2. The amount of contributions received from each
 2321  designated agent, private tag agent, or dealer during that
 2322  reporting period.
 2323         (d) A person who, with the intent to unlawfully deprive or
 2324  defraud the program of its moneys or the use or benefit thereof,
 2325  fails to remit a contribution collected under this section is
 2326  guilty of theft, punishable as follows:
 2327         1. If the total amount stolen is less than $300, the
 2328  offense is a misdemeanor of the second degree, punishable as
 2329  provided in s. 775.082 or s. 775.083. Upon a second conviction,
 2330  the offender is guilty of a misdemeanor of the first degree,
 2331  punishable as provided in s. 775.082 or s. 775.083. Upon a third
 2332  or subsequent conviction, the offender is guilty of a felony of
 2333  the third degree, punishable as provided in s. 775.082, s.
 2334  775.083, or s. 775.084.
 2335         2. If the total amount stolen is $300 or more, but less
 2336  than $20,000, the offense is a felony of the third degree,
 2337  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2338         3. If the total amount stolen is $20,000 or more, but less
 2339  than $100,000, the offense is a felony of the second degree,
 2340  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2341         4. If the total amount stolen is $100,000 or more, the
 2342  offense is a felony of the first degree, punishable as provided
 2343  in s. 775.082, s. 775.083, or s. 775.084.
 2344         (e) A person convicted of an offense under paragraph (d)
 2345  shall be ordered by the sentencing judge to make restitution to
 2346  the organization in the amount that was stolen from the program.
 2347         (f) Upon a finding that a dealer failed to remit a
 2348  contribution under subparagraph (b)3. for which the dealer
 2349  claimed a credit pursuant to s. 212.1832(2), the Department of
 2350  Revenue shall notify the affected organizations of the dealer’s
 2351  name, address, federal employer identification number, and
 2352  information related to differences between credits taken by the
 2353  dealer pursuant to s. 212.1832(2) and amounts remitted to the
 2354  eligible nonprofit scholarship-funding organization under
 2355  subparagraph (b)3.
 2356         (g) Any dealer, designated agent, private tag agent, or
 2357  organization that fails to timely submit reports to the
 2358  Department of Revenue as required in paragraphs (b) and (c) is
 2359  subject to a penalty of $1,000 for every month, or part thereof,
 2360  the report is not provided, up to a maximum amount of $10,000.
 2361  Such penalty shall be collected by the Department of Revenue and
 2362  shall be transferred into the General Revenue Fund. Such penalty
 2363  must be settled or compromised if it is determined by the
 2364  Department of Revenue that the noncompliance is due to
 2365  reasonable cause and not due to willful negligence, willful
 2366  neglect, or fraud.
 2367         (14) LIABILITY.—The state is not liable for the award of or
 2368  any use of awarded funds under this section.
 2369         (15) SCOPE OF AUTHORITY.—This section does not expand the
 2370  regulatory authority of this state, its officers, or any school
 2371  district to impose additional regulation on participating
 2372  private schools beyond those reasonably necessary to enforce
 2373  requirements expressly set forth in this section.
 2374         (16) RULES.—The State Board of Education shall adopt rules
 2375  to administer this section, except the Department of Revenue
 2376  shall adopt rules to administer subsection (13).
 2377         Section 17. Section 1002.411, Florida Statutes, is created
 2378  to read:
 2379         1002.411 Reading scholarship accounts.—
 2380         (1) READING SCHOLARSHIP ACCOUNTS.—Reading scholarship
 2381  accounts are established to provide educational options for
 2382  students.
 2383         (2) ELIGIBILITY.—Contingent upon available funds, and on a
 2384  first-come, first-served basis, each student in grades 3 through
 2385  5 who is enrolled in a Florida public school is eligible for a
 2386  reading scholarship account if the student scored below a Level
 2387  3 on the grade 3 or grade 4 statewide, standardized English
 2388  Language Arts (ELA) assessment in the prior school year. An
 2389  eligible student who is classified as an English Language
 2390  Learner and is enrolled in a program or receiving services that
 2391  are specifically designed to meet the instructional needs of
 2392  English Language Learner students shall receive priority.
 2393         (3) PARENT AND STUDENT RESPONSIBILITIES FOR PARTICIPATION.—
 2394         (a) For an eligible student to receive a reading
 2395  scholarship account, the student’s parent must:
 2396         1. Submit an application to an eligible nonprofit
 2397  scholarship-funding organization by the deadline established by
 2398  such organization; and
 2399         2. Submit eligible expenses to the eligible nonprofit
 2400  scholarship-funding organization for reimbursement of qualifying
 2401  expenditures, which may include:
 2402         a. Instructional materials.
 2403         b. Curriculum. As used in this sub-subparagraph, the term
 2404  “curriculum” means a complete course of study for a particular
 2405  content area or grade level, including any required supplemental
 2406  materials and associated online instruction.
 2407         c. Tuition and fees for part-time tutoring services
 2408  provided by a person who holds a valid Florida educator’s
 2409  certificate pursuant to s. 1012.56; a person who holds a
 2410  baccalaureate or graduate degree in the subject area; a person
 2411  who holds an adjunct teaching certificate pursuant to s.
 2412  1012.57; or a person who has demonstrated a mastery of subject
 2413  area knowledge pursuant to s. 1012.56(5).
 2414         d. Fees for summer education programs designed to improve
 2415  reading or literacy skills.
 2416         e. Fees for after-school education programs designed to
 2417  improve reading or literacy skills.
 2418  
 2419  A provider of any services receiving payments pursuant to this
 2420  subparagraph may not share any moneys from the reading
 2421  scholarship with, or provide a refund or rebate of any moneys
 2422  from such scholarship to, the parent or participating student in
 2423  any manner. A parent, student, or provider of any services may
 2424  not bill an insurance company, Medicaid, or any other agency for
 2425  the same services that are paid for using reading scholarship
 2426  funds.
 2427         (b) The parent is responsible for the payment of all
 2428  eligible expenses in excess of the amount in the account in
 2429  accordance with the terms agreed to between the parent and any
 2430  providers and may not receive any refund or rebate of any
 2431  expenditures made in accordance with paragraph (a).
 2432         (4) ADMINISTRATION.—An eligible nonprofit scholarship
 2433  funding organization participating in the Florida Tax Credit
 2434  Scholarship Program established by s. 1002.395 may establish
 2435  reading scholarship accounts for eligible students in accordance
 2436  with the requirements of eligible nonprofit scholarship-funding
 2437  organizations under this chapter.
 2438         (5) DEPARTMENT OBLIGATIONS.—The department shall have the
 2439  same duties imposed by this chapter upon the department
 2440  regarding oversight of scholarship programs administered by an
 2441  eligible nonprofit scholarship-funding organization.
 2442         (6) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—By
 2443  September 30, the school district shall notify the parent of
 2444  each student in grades 3 through 5 who scored below a level 3 on
 2445  the statewide, standardized ELA assessment in the prior school
 2446  year of the process to request and receive a reading
 2447  scholarship, subject to available funds.
 2448         (7) ACCOUNT FUNDING AND PAYMENT.—
 2449         (a) For the 2018-2019 school year, the amount of the
 2450  scholarship shall be $500 per eligible student. Thereafter, the
 2451  maximum amount granted for an eligible student shall be provided
 2452  in the General Appropriations Act.
 2453         (b) One hundred percent of the funds appropriated for the
 2454  reading scholarship accounts shall be released to the department
 2455  at the beginning of the first quarter of each fiscal year.
 2456         (c) Upon notification from the eligible nonprofit
 2457  scholarship-funding organization that a student has been
 2458  determined eligible for a reading scholarship, the department
 2459  shall release the student’s scholarship funds to such
 2460  organization to be deposited into the student’s account.
 2461         (d) Accrued interest in the student’s account is in
 2462  addition to, and not part of, the awarded funds. Account funds
 2463  include both the awarded funds and accrued interest.
 2464         (e) The eligible nonprofit scholarship-funding organization
 2465  may develop a system for payment of scholarship funds by funds
 2466  transfer, including, but not limited to, debit cards, electronic
 2467  payment cards, or any other means of payment that the department
 2468  deems to be commercially viable or cost-effective. A student’s
 2469  scholarship award may not be reduced for debit card or
 2470  electronic payment fees. Commodities or services related to the
 2471  development of such a system shall be procured by competitive
 2472  solicitation unless they are purchased from a state term
 2473  contract pursuant to s. 287.056.
 2474         (f) Payment of the scholarship shall be made by the
 2475  eligible nonprofit scholarship-funding organization no less
 2476  frequently than on a quarterly basis.
 2477         (g) In addition to funds appropriated for scholarships and
 2478  subject to a separate, specific legislative appropriation, an
 2479  organization may receive an amount equivalent to not more than 3
 2480  percent of the amount of each scholarship from state funds for
 2481  administrative expenses if the organization has operated as a
 2482  nonprofit entity for at least the preceding 3 fiscal years and
 2483  did not have any findings of material weakness or material
 2484  noncompliance in its most recent audit under s. 1002.395. Such
 2485  administrative expenses must be reasonable and necessary for the
 2486  organization’s management and distribution of scholarships under
 2487  this section. Funds authorized under this paragraph may not be
 2488  used for lobbying or political activity or expenses related to
 2489  lobbying or political activity. An organization may not charge
 2490  an application fee for a scholarship. Administrative expenses
 2491  may not be deducted from funds appropriated for scholarships.
 2492         (h) Moneys received pursuant to this section do not
 2493  constitute taxable income to the qualified student or his or her
 2494  parent.
 2495         (i) A student’s scholarship account must be closed and any
 2496  remaining funds shall revert to the state after:
 2497         1. Denial or revocation of scholarship eligibility by the
 2498  commissioner for fraud or abuse, including, but not limited to,
 2499  the student or student’s parent accepting any payment, refund,
 2500  or rebate, in any manner, from a provider of any services
 2501  received pursuant to subsection (3); or
 2502         2. Three consecutive fiscal years in which an account has
 2503  been inactive.
 2504         (8) LIABILITY.—No liability shall arise on the part of the
 2505  state based on the award or use of a reading scholarship
 2506  account.
 2507         Section 18. Section 1002.421, Florida Statutes, is amended
 2508  to read:
 2509         1002.421 Accountability of private schools participating in
 2510  State school choice scholarship program accountability and
 2511  oversight programs.—
 2512         (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A Florida
 2513  private school participating in the Florida Tax Credit
 2514  Scholarship Program established pursuant to s. 1002.395 or an
 2515  educational scholarship program established pursuant to this
 2516  chapter must be a private school as defined in s. 1002.01(2) in
 2517  this state, be registered, and be in compliance comply with all
 2518  requirements of this section in addition to private school
 2519  requirements outlined in s. 1002.42, specific requirements
 2520  identified within respective scholarship program laws, and other
 2521  provisions of Florida law that apply to private schools, and
 2522  must:.
 2523         (2) A private school participating in a scholarship program
 2524  must be a Florida private school as defined in s. 1002.01(2),
 2525  must be registered in accordance with s. 1002.42, and must:
 2526         (a) Comply with the antidiscrimination provisions of 42
 2527  U.S.C. s. 2000d.
 2528         (b) Notify the department of its intent to participate in a
 2529  scholarship program.
 2530         (c) Notify the department of any change in the school’s
 2531  name, school director, mailing address, or physical location
 2532  within 15 days after the change.
 2533         (d) Provide to the department or scholarship-funding
 2534  organization all documentation required for a student’s
 2535  participation, including the private school’s and student’s
 2536  individual fee schedule, and Complete student enrollment and
 2537  attendance verification requirements, including use of an online
 2538  attendance verification as required by the department or
 2539  scholarship-funding organization form, prior to scholarship
 2540  payment.
 2541         (e) Annually complete and submit to the department a
 2542  notarized scholarship compliance statement certifying that all
 2543  school employees and contracted personnel with direct student
 2544  contact have undergone background screening pursuant to s.
 2545  943.0542 and have met the screening standards as provided in s.
 2546  435.04.
 2547         (f) Demonstrate fiscal soundness and accountability by:
 2548         1. Being in operation for at least 3 school years or
 2549  obtaining a surety bond or letter of credit for the amount equal
 2550  to the scholarship funds for any quarter and filing the surety
 2551  bond or letter of credit with the department.
 2552         2. Requiring the parent of each scholarship student to
 2553  personally restrictively endorse the scholarship warrant to the
 2554  school or to approve a funds transfer before any funds are
 2555  deposited for a student. The school may not act as attorney in
 2556  fact for the parent of a scholarship student under the authority
 2557  of a power of attorney executed by such parent, or under any
 2558  other authority, to endorse a scholarship warrant or approve a
 2559  funds transfer warrants on behalf of such parent.
 2560         (g) Meet applicable state and local health, safety, and
 2561  welfare laws, codes, and rules, including:
 2562         1. Firesafety.
 2563         2. Building safety.
 2564         (h) Employ or contract with teachers who hold baccalaureate
 2565  or higher degrees, have at least 3 years of teaching experience
 2566  in public or private schools, or have special skills, knowledge,
 2567  or expertise that qualifies them to provide instruction in
 2568  subjects taught.
 2569         (i) Maintain a physical location in the state at which each
 2570  student has regular and direct contact with teachers.
 2571         (j) Publish on the school’s website, or provide in a
 2572  written format, information for parents regarding the school,
 2573  including, but not limited to, programs, services, and the
 2574  qualifications of classroom teachers.
 2575         (k) At a minimum, provide the parent of each scholarship
 2576  student with a written explanation of the student’s progress on
 2577  a quarterly basis.
 2578         (l) Cooperate with a student whose parent chooses to
 2579  participate in the statewide assessments pursuant to s. 1008.22.
 2580         (m)(i) Require each employee and contracted personnel with
 2581  direct student contact, upon employment or engagement to provide
 2582  services, to undergo a state and national background screening,
 2583  pursuant to s. 943.0542, by electronically filing with the
 2584  Department of Law Enforcement a complete set of fingerprints
 2585  taken by an authorized law enforcement agency or an employee of
 2586  the private school, a school district, or a private company who
 2587  is trained to take fingerprints and deny employment to or
 2588  terminate an employee if he or she fails to meet the screening
 2589  standards under s. 435.04. Results of the screening shall be
 2590  provided to the participating private school. For purposes of
 2591  this paragraph:
 2592         1. An “employee or contracted personnel with direct student
 2593  contact” means any employee or contracted personnel who has
 2594  unsupervised access to a scholarship student for whom the
 2595  private school is responsible.
 2596         2. The costs of fingerprinting and the background check
 2597  shall not be borne by the state.
 2598         3. Continued employment of an employee or contracted
 2599  personnel after notification that he or she has failed the
 2600  background screening under this paragraph shall cause a private
 2601  school to be ineligible for participation in a scholarship
 2602  program.
 2603         4. An employee or contracted personnel holding a valid
 2604  Florida teaching certificate who has been fingerprinted pursuant
 2605  to s. 1012.32 is not required to comply with the provisions of
 2606  this paragraph.
 2607         5.(3)(a) All fingerprints submitted to the Department of
 2608  Law Enforcement as required by this section shall be retained by
 2609  the Department of Law Enforcement in a manner provided by rule
 2610  and entered in the statewide automated biometric identification
 2611  system authorized by s. 943.05(2)(b). Such fingerprints shall
 2612  thereafter be available for all purposes and uses authorized for
 2613  arrest fingerprints entered in the statewide automated biometric
 2614  identification system pursuant to s. 943.051.
 2615         6.(b) The Department of Law Enforcement shall search all
 2616  arrest fingerprints received under s. 943.051 against the
 2617  fingerprints retained in the statewide automated biometric
 2618  identification system under subparagraph 5 paragraph (a). Any
 2619  arrest record that is identified with the retained fingerprints
 2620  of a person subject to the background screening under this
 2621  section shall be reported to the employing school with which the
 2622  person is affiliated. Each private school participating in a
 2623  scholarship program is required to participate in this search
 2624  process by informing the Department of Law Enforcement of any
 2625  change in the employment or contractual status of its personnel
 2626  whose fingerprints are retained under subparagraph 5 paragraph
 2627  (a). The Department of Law Enforcement shall adopt a rule
 2628  setting the amount of the annual fee to be imposed upon each
 2629  private school for performing these searches and establishing
 2630  the procedures for the retention of private school employee and
 2631  contracted personnel fingerprints and the dissemination of
 2632  search results. The fee may be borne by the private school or
 2633  the person fingerprinted.
 2634         7.(c) Employees and contracted personnel whose fingerprints
 2635  are not retained by the Department of Law Enforcement under
 2636  subparagraphs 5. and 6. paragraphs (a) and (b) are required to
 2637  be refingerprinted and must meet state and national background
 2638  screening requirements upon reemployment or reengagement to
 2639  provide services in order to comply with the requirements of
 2640  this section.
 2641         8.(d) Every 5 years following employment or engagement to
 2642  provide services with a private school, employees or contracted
 2643  personnel required to be screened under this section must meet
 2644  screening standards under s. 435.04, at which time the private
 2645  school shall request the Department of Law Enforcement to
 2646  forward the fingerprints to the Federal Bureau of Investigation
 2647  for national processing. If the fingerprints of employees or
 2648  contracted personnel are not retained by the Department of Law
 2649  Enforcement under subparagraph 5. paragraph (a), employees and
 2650  contracted personnel must electronically file a complete set of
 2651  fingerprints with the Department of Law Enforcement. Upon
 2652  submission of fingerprints for this purpose, the private school
 2653  shall request that the Department of Law Enforcement forward the
 2654  fingerprints to the Federal Bureau of Investigation for national
 2655  processing, and the fingerprints shall be retained by the
 2656  Department of Law Enforcement under subparagraph 5 paragraph
 2657  (a).
 2658         (4) A private school that accepts scholarship students
 2659  under s. 1002.39 or s. 1002.395 must:
 2660         (a) Disqualify instructional personnel and school
 2661  administrators, as defined in s. 1012.01, from employment in any
 2662  position that requires direct contact with students if the
 2663  personnel or administrators are ineligible for such employment
 2664  under s. 1012.315.
 2665         (n)(b) Adopt policies establishing standards of ethical
 2666  conduct for instructional personnel and school administrators.
 2667  The policies must require all instructional personnel and school
 2668  administrators, as defined in s. 1012.01, to complete training
 2669  on the standards; establish the duty of instructional personnel
 2670  and school administrators to report, and procedures for
 2671  reporting, alleged misconduct by other instructional personnel
 2672  and school administrators which affects the health, safety, or
 2673  welfare of a student; and include an explanation of the
 2674  liability protections provided under ss. 39.203 and 768.095. A
 2675  private school, or any of its employees, may not enter into a
 2676  confidentiality agreement regarding terminated or dismissed
 2677  instructional personnel or school administrators, or personnel
 2678  or administrators who resign in lieu of termination, based in
 2679  whole or in part on misconduct that affects the health, safety,
 2680  or welfare of a student, and may not provide the instructional
 2681  personnel or school administrators with employment references or
 2682  discuss the personnel’s or administrators’ performance with
 2683  prospective employers in another educational setting, without
 2684  disclosing the personnel’s or administrators’ misconduct. Any
 2685  part of an agreement or contract that has the purpose or effect
 2686  of concealing misconduct by instructional personnel or school
 2687  administrators which affects the health, safety, or welfare of a
 2688  student is void, is contrary to public policy, and may not be
 2689  enforced.
 2690         (o)(c) Before employing instructional personnel or school
 2691  administrators in any position that requires direct contact with
 2692  students, conduct employment history checks of each of the
 2693  personnel’s or administrators’ previous employers, screen the
 2694  personnel or administrators through use of the educator
 2695  screening tools described in s. 1001.10(5), and document the
 2696  findings. If unable to contact a previous employer, the private
 2697  school must document efforts to contact the employer.
 2698         (p) Require each owner or operator of the private school,
 2699  prior to employment or engagement to provide services, to
 2700  undergo level 2 background screening as provided under chapter
 2701  435. For purposes of this paragraph, the term “owner or
 2702  operator” means an owner, operator, superintendent, or principal
 2703  of, or a person with equivalent decisionmaking authority over, a
 2704  private school participating in a scholarship program
 2705  established pursuant to this chapter. The fingerprints for the
 2706  background screening must be electronically submitted to the
 2707  Department of Law Enforcement and may be taken by an authorized
 2708  law enforcement agency or a private company who is trained to
 2709  take fingerprints. However, the complete set of fingerprints of
 2710  an owner or operator may not be taken by the owner or operator.
 2711  The owner or operator shall provide a copy of the results of the
 2712  state and national criminal history check to the Department of
 2713  Education. The cost of the background screening may be borne by
 2714  the owner or operator.
 2715         1. Every 5 years following employment or engagement to
 2716  provide services, each owner or operator must meet level 2
 2717  screening standards as described in s. 435.04, at which time the
 2718  owner or operator shall request the Department of Law
 2719  Enforcement to forward the fingerprints to the Federal Bureau of
 2720  Investigation for level 2 screening. If the fingerprints of an
 2721  owner or operator are not retained by the Department of Law
 2722  Enforcement under subparagraph 2., the owner or operator must
 2723  electronically file a complete set of fingerprints with the
 2724  Department of Law Enforcement. Upon submission of fingerprints
 2725  for this purpose, the owner or operator shall request that the
 2726  Department of Law Enforcement forward the fingerprints to the
 2727  Federal Bureau of Investigation for level 2 screening, and the
 2728  fingerprints shall be retained by the Department of Law
 2729  Enforcement under subparagraph 2.
 2730         2. Fingerprints submitted to the Department of Law
 2731  Enforcement as required by this paragraph must be retained by
 2732  the Department of Law Enforcement in a manner approved by rule
 2733  and entered in the statewide automated biometric identification
 2734  system authorized by s. 943.05(2)(b). The fingerprints must
 2735  thereafter be available for all purposes and uses authorized for
 2736  arrest fingerprints entered in the statewide automated biometric
 2737  identification system pursuant to s. 943.051.
 2738         3. The Department of Law Enforcement shall search all
 2739  arrest fingerprints received under s. 943.051 against the
 2740  fingerprints retained in the statewide automated biometric
 2741  identification system under subparagraph 2. Any arrest record
 2742  that is identified with an owner’s or operator’s fingerprints
 2743  must be reported to the owner or operator, who must report to
 2744  the Department of Education. Any costs associated with the
 2745  search shall be borne by the owner or operator.
 2746         4. An owner or operator who fails the level 2 background
 2747  screening is not eligible to participate in a scholarship
 2748  program under this chapter.
 2749         5. In addition to the offenses listed in s. 435.04, a
 2750  person required to undergo background screening pursuant to this
 2751  part or authorizing statutes may not have an arrest awaiting
 2752  final disposition for, must not have been found guilty of, or
 2753  entered a plea of nolo contendere to, regardless of
 2754  adjudication, and must not have been adjudicated delinquent for,
 2755  and the record must not have been sealed or expunged for, any of
 2756  the following offenses or any similar offense of another
 2757  jurisdiction:
 2758         a. Any authorizing statutes, if the offense was a felony.
 2759         b. This chapter, if the offense was a felony.
 2760         c. Section 409.920, relating to Medicaid provider fraud.
 2761         d. Section 409.9201, relating to Medicaid fraud.
 2762         e. Section 741.28, relating to domestic violence.
 2763         f. Section 817.034, relating to fraudulent acts through
 2764  mail, wire, radio, electromagnetic, photoelectronic, or
 2765  photooptical systems.
 2766         g. Section 817.234, relating to false and fraudulent
 2767  insurance claims.
 2768         h. Section 817.505, relating to patient brokering.
 2769         i. Section 817.568, relating to criminal use of personal
 2770  identification information.
 2771         j. Section 817.60, relating to obtaining a credit card
 2772  through fraudulent means.
 2773         k. Section 817.61, relating to fraudulent use of credit
 2774  cards, if the offense was a felony.
 2775         l. Section 831.01, relating to forgery.
 2776         m. Section 831.02, relating to uttering forged instruments.
 2777         n. Section 831.07, relating to forging bank bills, checks,
 2778  drafts, or promissory notes.
 2779         o. Section 831.09, relating to uttering forged bank bills,
 2780  checks, drafts, or promissory notes.
 2781         p. Section 831.30, relating to fraud in obtaining medicinal
 2782  drugs.
 2783         q. Section 831.31, relating to the sale, manufacture,
 2784  delivery, or possession with the intent to sell, manufacture, or
 2785  deliver any counterfeit controlled substance, if the offense was
 2786  a felony.
 2787         6. At least 30 calendar days before a transfer of ownership
 2788  of a private school, the owner or operator shall notify the
 2789  parent of each scholarship student.
 2790         7. The owner or operator of a private school that has been
 2791  deemed ineligible to participate in a scholarship program
 2792  pursuant to this chapter may not transfer ownership or
 2793  management authority of the school to a relative in order to
 2794  participate in a scholarship program as the same school or a new
 2795  school. For purposes of this subparagraph, the term “relative”
 2796  means father, mother, son, daughter, grandfather, grandmother,
 2797  brother, sister, uncle, aunt, cousin, nephew, niece, husband,
 2798  wife, father-in-law, mother-in-law, son-in-law, daughter-in-law,
 2799  brother-in-law, sister-in-law, stepfather, stepmother, stepson,
 2800  stepdaughter, stepbrother, stepsister, half-brother, or half
 2801  sister.
 2802         (q) Provide a report from an independent certified public
 2803  accountant who performs the agreed-upon procedures developed
 2804  pursuant to s. 1002.395(6)(o) if the private school receives
 2805  more than $250,000 in funds from scholarships awarded under this
 2806  chapter in a state fiscal year. A private school subject to this
 2807  subsection must annually submit the report by September 15 to
 2808  the scholarship-funding organization that awarded the majority
 2809  of the school’s scholarship funds. However, a school that
 2810  receives more than $250,000 in scholarship funds only through
 2811  the John M. McKay Scholarship for Students with Disabilities
 2812  Program pursuant to s. 1002.39 must submit the annual report by
 2813  September 15 to the department. The agreed-upon procedures must
 2814  be conducted in accordance with attestation standards
 2815  established by the American Institute of Certified Public
 2816  Accountants.
 2817  
 2818  The department shall suspend the payment of funds under ss.
 2819  1002.39 and 1002.395 to a private school that knowingly fails to
 2820  comply with this subsection, and shall prohibit the school from
 2821  enrolling new scholarship students, for 1 fiscal year and until
 2822  the school complies.
 2823         (5) If The inability of a private school fails to meet the
 2824  requirements of this subsection or has consecutive years of
 2825  material exceptions listed in the report required under
 2826  paragraph (q), the commissioner may determine that the private
 2827  school is ineligible section shall constitute a basis for the
 2828  ineligibility of the private school to participate in a
 2829  scholarship program as determined by the department.
 2830         (2) DEPARTMENT OF EDUCATION OBLIGATIONS.—
 2831         (a) The Department of Education shall:
 2832         1. Annually verify the eligibility of private schools that
 2833  meet the requirements of this section, specific requirements
 2834  identified within respective scholarship program laws, and other
 2835  provisions of state law that apply to private schools.
 2836         2. Establish a toll-free hotline that provides parents and
 2837  private schools with information on participation in the
 2838  scholarship programs.
 2839         3. Establish a process by which individuals may notify the
 2840  department of any violation by a parent, private school, or
 2841  school district of state laws relating to program participation.
 2842  If the department has reasonable cause to believe that a
 2843  violation of this section or any rule adopted by the State Board
 2844  of Education has occurred, it shall conduct an inquiry or make a
 2845  referral to the appropriate agency for an investigation. A
 2846  department inquiry is not subject to the requirements of chapter
 2847  120.
 2848         4. Require an annual, notarized, sworn compliance statement
 2849  from participating private schools certifying compliance with
 2850  state laws, and retain such records.
 2851         5. Coordinate with the entities conducting the health
 2852  inspection for a private school to obtain copies of the
 2853  inspection reports.
 2854         6. Conduct site visits to private schools entering a
 2855  scholarship program for the first time. Beginning with the 2019
 2856  2020 school year, a private school is not eligible to receive
 2857  scholarship payments until a satisfactory site visit has been
 2858  conducted and the school is in compliance with all other
 2859  requirements of this section.
 2860         7. Coordinate with the State Fire Marshal to obtain access
 2861  to fire inspection reports for private schools. The authority
 2862  conducting the fire safety inspection shall certify to the State
 2863  Fire Marshal that the annual inspection has been completed and
 2864  that the school is in full compliance. The certification shall
 2865  be made electronically or by such other means as directed by the
 2866  State Fire Marshal.
 2867         8. Upon the request of a participating private school
 2868  authorized to administer statewide assessments, provide at no
 2869  cost to the school the statewide assessments administered under
 2870  s. 1008.22 and any related materials for administering the
 2871  assessments. Students at a private school may be assessed using
 2872  the statewide assessments if the addition of those students and
 2873  the school does not cause the state to exceed its contractual
 2874  caps for the number of students tested and the number of testing
 2875  sites. The state shall provide the same materials and support to
 2876  a private school that it provides to a public school. A private
 2877  school that chooses to administer statewide assessments under s.
 2878  1008.22 shall follow the requirements set forth in ss. 1008.22
 2879  and 1008.24, rules adopted by the State Board of Education to
 2880  implement those sections, and district-level testing policies
 2881  established by the district school board.
 2882         (b) The department may conduct site visits to any private
 2883  school participating in a scholarship program pursuant to this
 2884  chapter that has received a complaint about a violation of state
 2885  law or state board rule pursuant to subparagraph (a)3. or has
 2886  received a notice of noncompliance or a notice of proposed
 2887  action within the previous 2 years.
 2888         (c) Annually, by December 15, the department shall report
 2889  to the Governor, the President of the Senate, and the Speaker of
 2890  the House of Representatives its actions in implementing
 2891  accountability in the scholarship programs under this section,
 2892  any substantiated allegations or violations of law or rule by an
 2893  eligible private school under this section, and the corrective
 2894  action taken.
 2895         (3) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.
 2896  The Commissioner of Education:
 2897         (a) Shall deny, suspend, or revoke a private school’s
 2898  participation in a scholarship program if it is determined that
 2899  the private school has failed to comply with this section or
 2900  exhibits a previous pattern of failure to comply. However, if
 2901  the noncompliance is correctable within a reasonable amount of
 2902  time, not to exceed 45 days, and if the health, safety, or
 2903  welfare of the students is not threatened, the commissioner may
 2904  issue a notice of noncompliance which provides the private
 2905  school with a timeframe within which to provide evidence of
 2906  compliance before taking action to suspend or revoke the private
 2907  school’s participation in the scholarship program.
 2908         (b) May deny, suspend, or revoke a private school’s
 2909  participation in a scholarship program if the commissioner
 2910  determines that an owner or operator of the private school is
 2911  operating or has operated an educational institution in this
 2912  state or in another state or jurisdiction in a manner contrary
 2913  to the health, safety, or welfare of the public or if the owner
 2914  or operator has exhibited a previous pattern of failure to
 2915  comply with this section or specific requirements identified
 2916  within respective scholarship program laws. For purposes of this
 2917  subsection, the term “owner or operator” has the same meaning as
 2918  provided in paragraph (1)(p).
 2919         (c)1. In making such a determination, may consider factors
 2920  that include, but are not limited to, acts or omissions by an
 2921  owner or operator which led to a previous denial, suspension, or
 2922  revocation of participation in a state or federal education
 2923  scholarship program; an owner’s or operator’s failure to
 2924  reimburse the department or scholarship-funding organization for
 2925  scholarship funds improperly received or retained by a school;
 2926  the imposition of a prior criminal sanction related to an
 2927  owner’s or operator’s management or operation of an educational
 2928  institution; the imposition of a civil fine or administrative
 2929  fine, license revocation or suspension, or program eligibility
 2930  suspension, termination, or revocation related to an owner’s or
 2931  operator’s management or operation of an educational
 2932  institution; or other types of criminal proceedings in which an
 2933  owner or operator was found guilty of, regardless of
 2934  adjudication, or entered a plea of nolo contendere or guilty to,
 2935  any offense involving fraud, deceit, dishonesty, or moral
 2936  turpitude.
 2937         2. The commissioner’s determination is subject to the
 2938  following:
 2939         a. If the commissioner intends to deny, suspend, or revoke
 2940  a private school’s participation in the scholarship program, the
 2941  department shall notify the private school of such proposed
 2942  action in writing by certified mail and regular mail to the
 2943  private school’s address of record with the department. The
 2944  notification shall include the reasons for the proposed action
 2945  and notice of the timelines and procedures set forth in this
 2946  paragraph.
 2947         b. The private school that is adversely affected by the
 2948  proposed action shall have 15 days after receipt of the notice
 2949  of proposed action to file with the department’s agency clerk a
 2950  request for a proceeding pursuant to ss. 120.569 and 120.57. If
 2951  the private school is entitled to a hearing under s. 120.57(1),
 2952  the department shall forward the request to the Division of
 2953  Administrative Hearings.
 2954         c. Upon receipt of a request referred pursuant to this
 2955  subparagraph, the director of the Division of Administrative
 2956  Hearings shall expedite the hearing and assign an administrative
 2957  law judge who shall commence a hearing within 30 days after the
 2958  receipt of the formal written request by the division and enter
 2959  a recommended order within 30 days after the hearing or within
 2960  30 days after receipt of the hearing transcript, whichever is
 2961  later. Each party shall be allowed 10 days in which to submit
 2962  written exceptions to the recommended order. A final order shall
 2963  be entered by the agency within 30 days after the entry of a
 2964  recommended order. The provisions of this sub-subparagraph may
 2965  be waived upon stipulation by all parties.
 2966         (d) May immediately suspend payment of scholarship funds if
 2967  it is determined that there is probable cause to believe that
 2968  there is:
 2969         1. An imminent threat to the health, safety, or welfare of
 2970  the students;
 2971         2. A previous pattern of failure to comply with this
 2972  section; or
 2973         3. Fraudulent activity on the part of the private school.
 2974  Notwithstanding s. 1002.22, in incidents of alleged fraudulent
 2975  activity pursuant to this section, the department’s Office of
 2976  Inspector General is authorized to release personally
 2977  identifiable records or reports of students to the following
 2978  persons or organizations:
 2979         a. A court of competent jurisdiction in compliance with an
 2980  order of that court or the attorney of record in accordance with
 2981  a lawfully issued subpoena, consistent with the Family
 2982  Educational Rights and Privacy Act, 20 U.S.C. s. 1232g.
 2983         b. A person or entity authorized by a court of competent
 2984  jurisdiction in compliance with an order of that court or the
 2985  attorney of record pursuant to a lawfully issued subpoena,
 2986  consistent with the Family Educational Rights and Privacy Act,
 2987  20 U.S.C. s. 1232g.
 2988         c. Any person, entity, or authority issuing a subpoena for
 2989  law enforcement purposes when the court or other issuing agency
 2990  has ordered that the existence or the contents of the subpoena
 2991  or the information furnished in response to the subpoena not be
 2992  disclosed, consistent with the Family Educational Rights and
 2993  Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31.
 2994  
 2995  The commissioner’s order suspending payment pursuant to this
 2996  paragraph may be appealed pursuant to the same procedures and
 2997  timelines as the notice of proposed action set forth in
 2998  subparagraph (c)2.
 2999         (4)(6) The inclusion of eligible private schools within
 3000  options available to Florida public school students does not
 3001  expand the regulatory authority of the state, its officers, or
 3002  any school district to impose any additional regulation of
 3003  private schools beyond those reasonably necessary to enforce
 3004  requirements expressly set forth in this section.
 3005         (5)(7) The State Board of Education shall adopt rules
 3006  pursuant to ss. 120.536(1) and 120.54 to administer this
 3007  section, including rules to establish a deadline for private
 3008  school applications for participation and timelines for the
 3009  department to conduct site visits.
 3010         Section 19. Subsection (5) of section 1002.55, Florida
 3011  Statutes, is amended to read:
 3012         1002.55 School-year prekindergarten program delivered by
 3013  private prekindergarten providers.—
 3014         (5)(a) Notwithstanding paragraph (3)(b), a private
 3015  prekindergarten provider may not participate in the Voluntary
 3016  Prekindergarten Education Program if the provider has child
 3017  disciplinary policies that do not prohibit children from being
 3018  subjected to discipline that is severe, humiliating,
 3019  frightening, or associated with food, rest, toileting, spanking,
 3020  or any other form of physical punishment as provided in s.
 3021  402.305(12).
 3022         (b) Notwithstanding any other provision of law, if a
 3023  private prekindergarten provider has been cited for a class I
 3024  violation, as defined by rule, the coalition may refuse to
 3025  contract with the provider.
 3026         Section 20. Paragraph (c) of subsection (3) of section
 3027  1002.75, Florida Statutes, is amended to read:
 3028         1002.75 Office of Early Learning; powers and duties.—
 3029         (3) The Office of Early Learning shall adopt, in
 3030  consultation with and subject to approval by the department,
 3031  procedures governing the administration of the Voluntary
 3032  Prekindergarten Education Program by the early learning
 3033  coalitions and school districts for:
 3034         (c) Removing a private prekindergarten provider or public
 3035  school from eligibility to deliver the program due to the
 3036  provider’s or school’s remaining on probation beyond the time
 3037  permitted under s. 1002.67. Notwithstanding any other provision
 3038  of law, if a private prekindergarten provider has been cited for
 3039  a class I violation, as defined by rule, the coalition may
 3040  refuse to contract with the provider or revoke the provider’s
 3041  eligibility to deliver the Voluntary Prekindergarten Education
 3042  Program.
 3043         Section 21. Subsection (2) of section 1002.88, Florida
 3044  Statutes, is amended to read:
 3045         1002.88 School readiness program provider standards;
 3046  eligibility to deliver the school readiness program.—
 3047         (2)(a) If a school readiness program provider fails or
 3048  refuses to comply with this part or any contractual obligation
 3049  of the statewide provider contract under s. 1002.82(2)(m), the
 3050  coalition may revoke the provider’s eligibility to deliver the
 3051  school readiness program or receive state or federal funds under
 3052  this chapter for a period of 5 years.
 3053         (b) Notwithstanding any other provision of law, if a school
 3054  readiness program provider has been cited for a class I
 3055  violation, as defined by rule, the coalition may refuse to
 3056  contract with the provider or revoke the provider’s eligibility
 3057  to deliver the school readiness program.
 3058         Section 22. Subsection (4) is added to section 1003.44,
 3059  Florida Statutes, to read:
 3060         1003.44 Patriotic programs; rules.—
 3061         (4) Each district school board shall adopt rules to
 3062  require, in all of the schools of the district and in each
 3063  building used by the district school board, the display of the
 3064  state motto, “In God We Trust,” designated under s. 15.0301, in
 3065  a conspicuous place.
 3066         Section 23. Subsection (3) of section 1003.453, Florida
 3067  Statutes, is amended to read:
 3068         1003.453 School wellness and physical education policies;
 3069  nutrition guidelines.—
 3070         (3) School districts are encouraged to provide basic
 3071  training in first aid, including cardiopulmonary resuscitation,
 3072  for all students, beginning in grade 6 and every 2 years
 3073  thereafter. Instruction in the use of cardiopulmonary
 3074  resuscitation must be based on a nationally recognized program
 3075  that uses the most current evidence-based emergency
 3076  cardiovascular care guidelines. The instruction must allow
 3077  students to practice the psychomotor skills associated with
 3078  performing cardiopulmonary resuscitation and use an automated
 3079  external defibrillator when a school district has the equipment
 3080  necessary to perform the instruction. Private and public
 3081  partnerships for providing training or necessary funding are
 3082  encouraged.
 3083         Section 24. Section 1003.576, Florida Statutes, is amended
 3084  to read:
 3085         1003.576 Individual education plans for exceptional
 3086  students.—The Department of Education must develop and have an
 3087  operating electronic IEP system in place for potential statewide
 3088  use no later than July 1, 2007. The statewide system shall be
 3089  developed collaboratively with school districts and must include
 3090  input from school districts currently developing or operating
 3091  electronic IEP systems.
 3092         Section 25. Section 1006.061, Florida Statutes, is amended
 3093  to read:
 3094         1006.061 Child abuse, abandonment, and neglect policy.—Each
 3095  district school board, charter school, and private school that
 3096  accepts scholarship students who participate in a state
 3097  scholarship program under chapter 1002 under s. 1002.39 or s.
 3098  1002.395 shall:
 3099         (1) Post in a prominent place in each school a notice that,
 3100  pursuant to chapter 39, all employees and agents of the district
 3101  school board, charter school, or private school have an
 3102  affirmative duty to report all actual or suspected cases of
 3103  child abuse, abandonment, or neglect; have immunity from
 3104  liability if they report such cases in good faith; and have a
 3105  duty to comply with child protective investigations and all
 3106  other provisions of law relating to child abuse, abandonment,
 3107  and neglect. The notice shall also include the statewide toll
 3108  free telephone number of the central abuse hotline.
 3109         (2) Post in a prominent place at each school site and on
 3110  each school’s Internet website, if available, the policies and
 3111  procedures for reporting alleged misconduct by instructional
 3112  personnel or school administrators which affects the health,
 3113  safety, or welfare of a student; the contact person to whom the
 3114  report is made; and the penalties imposed on instructional
 3115  personnel or school administrators who fail to report suspected
 3116  or actual child abuse or alleged misconduct by other
 3117  instructional personnel or school administrators.
 3118         (3) Require the principal of the charter school or private
 3119  school, or the district school superintendent, or the
 3120  superintendent’s designee, at the request of the Department of
 3121  Children and Families, to act as a liaison to the Department of
 3122  Children and Families and the child protection team, as defined
 3123  in s. 39.01, when in a case of suspected child abuse,
 3124  abandonment, or neglect or an unlawful sexual offense involving
 3125  a child the case is referred to such a team; except that this
 3126  does not relieve or restrict the Department of Children and
 3127  Families from discharging its duty and responsibility under the
 3128  law to investigate and report every suspected or actual case of
 3129  child abuse, abandonment, or neglect or unlawful sexual offense
 3130  involving a child.
 3131         (4)(a) Post in a prominent place in a clearly visible
 3132  location and public area of the school which is readily
 3133  accessible to and widely used by students a sign in English and
 3134  Spanish that contains:
 3135         1. The statewide toll-free telephone number of the central
 3136  abuse hotline as provided in chapter 39;
 3137         2. Instructions to call 911 for emergencies; and
 3138         3. Directions for accessing the Department of Children and
 3139  Families Internet website for more information on reporting
 3140  abuse, neglect, and exploitation.
 3141         (b) The information in paragraph (a) must be put on at
 3142  least one poster in each school, on a sheet that measures at
 3143  least 11 inches by 17 inches, produced in large print, and
 3144  placed at student eye level for easy viewing.
 3145  
 3146  The Department of Education shall develop, and publish on the
 3147  department’s Internet website, sample notices suitable for
 3148  posting in accordance with subsections (1), (2), and (4).
 3149         Section 26. Subsections (3) and (13) and paragraph (b) of
 3150  subsection (24) of section 1007.271, Florida Statutes, are
 3151  amended to read:
 3152         1007.271 Dual enrollment programs.—
 3153         (3) Student eligibility requirements for initial enrollment
 3154  in college credit dual enrollment courses must include a 3.0
 3155  unweighted high school grade point average and the minimum score
 3156  on a common placement test adopted by the State Board of
 3157  Education which indicates that the student is ready for college
 3158  level coursework. Student eligibility requirements for continued
 3159  enrollment in college credit dual enrollment courses must
 3160  include the maintenance of a 3.0 unweighted high school grade
 3161  point average and the minimum postsecondary grade point average
 3162  established by the postsecondary institution. Regardless of
 3163  meeting student eligibility requirements for continued
 3164  enrollment, a student may lose the opportunity to participate in
 3165  a dual enrollment course if the student is disruptive to the
 3166  learning process such that the progress of other students or the
 3167  efficient administration of the course is hindered. Student
 3168  eligibility requirements for initial and continued enrollment in
 3169  career certificate dual enrollment courses must include a 2.0
 3170  unweighted high school grade point average. Exceptions to the
 3171  required grade point averages may be granted on an individual
 3172  student basis if the educational entities agree and the terms of
 3173  the agreement are contained within the dual enrollment
 3174  articulation agreement established pursuant to subsection (21).
 3175  Florida College System institution boards of trustees may
 3176  establish additional initial student eligibility requirements,
 3177  which shall be included in the dual enrollment articulation
 3178  agreement, to ensure student readiness for postsecondary
 3179  instruction. Additional requirements included in the agreement
 3180  may not arbitrarily prohibit students who have demonstrated the
 3181  ability to master advanced courses from participating in dual
 3182  enrollment courses or limit the number of dual enrollment
 3183  courses in which a student may enroll based solely upon
 3184  enrollment by the student at an independent postsecondary
 3185  institution.
 3186         (13)(a) The dual enrollment program for a home education
 3187  student, including, but not limited to, students with
 3188  disabilities, consists of the enrollment of an eligible home
 3189  education secondary student in a postsecondary course creditable
 3190  toward an associate degree, a career certificate, or a
 3191  baccalaureate degree. To participate in the dual enrollment
 3192  program, an eligible home education secondary student must:
 3193         1. Provide proof of enrollment in a home education program
 3194  pursuant to s. 1002.41.
 3195         2. Be responsible for his or her own instructional
 3196  materials and transportation unless provided for in the
 3197  articulation agreement.
 3198         3. Sign a home education articulation agreement pursuant to
 3199  paragraph (b).
 3200         (b) Each public postsecondary institution eligible to
 3201  participate in the dual enrollment program pursuant to s.
 3202  1011.62(1)(i) must enter into a home education articulation
 3203  agreement with each home education student seeking enrollment in
 3204  a dual enrollment course and the student’s parent. By August 1
 3205  of each year, the eligible postsecondary institution shall
 3206  complete and submit the home education articulation agreement to
 3207  the Department of Education. The home education articulation
 3208  agreement must include, at a minimum:
 3209         1. A delineation of courses and programs available to
 3210  dually enrolled home education students. Courses and programs
 3211  may be added, revised, or deleted at any time by the
 3212  postsecondary institution. Any course or program limitations may
 3213  not exceed the limitations for other dually enrolled students.
 3214         2. The initial and continued eligibility requirements for
 3215  home education student participation, not to exceed those
 3216  required of other dually enrolled students. A high school grade
 3217  point average may not be required for home education students
 3218  who meet the minimum score on a common placement test adopted by
 3219  the State Board of Education which indicates that the student is
 3220  ready for college-level coursework; however, home education
 3221  student eligibility requirements for continued enrollment in
 3222  dual enrollment courses must include the maintenance of the
 3223  minimum postsecondary grade point average established by the
 3224  postsecondary institution.
 3225         3. The student’s responsibilities for providing his or her
 3226  own instructional materials and transportation.
 3227         4. A copy of the statement on transfer guarantees developed
 3228  by the Department of Education under subsection (15).
 3229         (24)
 3230         (b) Each public postsecondary institution eligible to
 3231  participate in the dual enrollment program pursuant to s.
 3232  1011.62(1)(i) must enter into a private school articulation
 3233  agreement with each eligible private school in its geographic
 3234  service area seeking to offer dual enrollment courses to its
 3235  students, including, but not limited to, students with
 3236  disabilities. By August 1 of each year, the eligible
 3237  postsecondary institution shall complete and submit the private
 3238  school articulation agreement to the Department of Education.
 3239  The private school articulation agreement must include, at a
 3240  minimum:
 3241         1. A delineation of courses and programs available to the
 3242  private school student. The postsecondary institution may add,
 3243  revise, or delete courses and programs at any time.
 3244         2. The initial and continued eligibility requirements for
 3245  private school student participation, not to exceed those
 3246  required of other dual enrollment students.
 3247         3. The student’s responsibilities for providing his or her
 3248  own instructional materials and transportation.
 3249         4. A provision clarifying that the private school will
 3250  award appropriate credit toward high school completion for the
 3251  postsecondary course under the dual enrollment program.
 3252         5. A provision expressing that costs associated with
 3253  tuition and fees, including registration, and laboratory fees,
 3254  will not be passed along to the student.
 3255         6. A provision stating whether the private school will
 3256  compensate the postsecondary institution for the standard
 3257  tuition rate per credit hour for each dual enrollment course
 3258  taken by its students.
 3259         Section 27. Paragraph (a) of subsection (3) and paragraph
 3260  (a) of subsection (8) of section 1008.22, Florida Statutes, are
 3261  amended to read:
 3262         1008.22 Student assessment program for public schools.—
 3263         (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The
 3264  Commissioner of Education shall design and implement a
 3265  statewide, standardized assessment program aligned to the core
 3266  curricular content established in the Next Generation Sunshine
 3267  State Standards. The commissioner also must develop or select
 3268  and implement a common battery of assessment tools that will be
 3269  used in all juvenile justice education programs in the state.
 3270  These tools must accurately measure the core curricular content
 3271  established in the Next Generation Sunshine State Standards.
 3272  Participation in the assessment program is mandatory for all
 3273  school districts and all students attending public schools,
 3274  including adult students seeking a standard high school diploma
 3275  under s. 1003.4282 and students in Department of Juvenile
 3276  Justice education programs, except as otherwise provided by law.
 3277  If a student does not participate in the assessment program, the
 3278  school district must notify the student’s parent and provide the
 3279  parent with information regarding the implications of such
 3280  nonparticipation. The statewide, standardized assessment program
 3281  shall be designed and implemented as follows:
 3282         (a) Statewide, standardized comprehensive assessments.—The
 3283  statewide, standardized Reading assessment shall be administered
 3284  annually in grades 3 through 10. The statewide, standardized
 3285  Writing assessment shall be administered annually at least once
 3286  at the elementary, middle, and high school levels. When the
 3287  Reading and Writing assessments are replaced by English Language
 3288  Arts (ELA) assessments, ELA assessments shall be administered to
 3289  students in grades 3 through 10. Retake opportunities for the
 3290  grade 10 Reading assessment or, upon implementation, the grade
 3291  10 ELA assessment must be provided. Students taking the ELA
 3292  assessments shall not take the statewide, standardized
 3293  assessments in Reading or Writing. Reading passages and writing
 3294  prompts for ELA assessments shall incorporate grade-level core
 3295  curricula content from social studies be administered online.
 3296  The statewide, standardized Mathematics assessments shall be
 3297  administered annually in grades 3 through 8. Students taking a
 3298  revised Mathematics assessment shall not take the discontinued
 3299  assessment. The statewide, standardized Science assessment shall
 3300  be administered annually at least once at the elementary and
 3301  middle grades levels. In order to earn a standard high school
 3302  diploma, a student who has not earned a passing score on the
 3303  grade 10 Reading assessment or, upon implementation, the grade
 3304  10 ELA assessment must earn a passing score on the assessment
 3305  retake or earn a concordant score as authorized under subsection
 3306  (9).
 3307         (8) PUBLICATION OF ASSESSMENTS.—To promote transparency in
 3308  the statewide assessment program, in any procurement for the ELA
 3309  assessment in grades 3 through 10 and the mathematics assessment
 3310  in grades 3 through 8, the Department of Education shall solicit
 3311  cost proposals for publication of the state assessments on its
 3312  website in accordance with this subsection.
 3313         (a) The department shall publish each assessment
 3314  administered under paragraph (3)(a) and subparagraph (3)(b)1.,
 3315  excluding assessment retakes, at least once on a triennial basis
 3316  pursuant to a schedule determined by the Commissioner of
 3317  Education. Each assessment, when published, must have been
 3318  administered during the most recent school year and be in a
 3319  format that facilitates the sharing of assessment items.
 3320         Section 28. Paragraphs (f), (o), and (t) of subsection (1),
 3321  paragraph (b) of subsection (6), and paragraphs (a), (c), and
 3322  (d) of subsection (9) of section 1011.62, Florida Statutes, are
 3323  amended to read:
 3324         1011.62 Funds for operation of schools.—If the annual
 3325  allocation from the Florida Education Finance Program to each
 3326  district for operation of schools is not determined in the
 3327  annual appropriations act or the substantive bill implementing
 3328  the annual appropriations act, it shall be determined as
 3329  follows:
 3330         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
 3331  OPERATION.—The following procedure shall be followed in
 3332  determining the annual allocation to each district for
 3333  operation:
 3334         (f) Supplemental academic instruction allocation;
 3335  categorical fund.—
 3336         1. There is created the supplemental academic instruction
 3337  allocation a categorical fund to provide supplemental academic
 3338  instruction to students in kindergarten through grade 12. This
 3339  paragraph may be cited as the “Supplemental Academic Instruction
 3340  Categorical Fund.”
 3341         2. The supplemental academic instruction allocation shall
 3342  be provided annually in the Florida Education Finance Program as
 3343  specified in the General Appropriations Act. These funds are
 3344  categorical fund is in addition to the funds appropriated on the
 3345  basis of FTE student membership in the Florida Education Finance
 3346  Program and shall be included in the total potential funds of
 3347  each district. Beginning with the 2018-2019 fiscal year, These
 3348  funds shall be used to provide supplemental academic instruction
 3349  to students enrolled in the K-12 program. each school district
 3350  that has a school earning a grade of “D” or “F” pursuant to s.
 3351  1008.34 must use that school’s portion of the supplemental
 3352  academic instruction allocation to implement intervention and
 3353  support strategies for school improvement pursuant to s. 1008.33
 3354  and for salary incentives pursuant to s. 1012.2315(3) or salary
 3355  supplements pursuant to s. 1012.22(1)(c)5.c. that are provided
 3356  through a memorandum of understanding between the collective
 3357  bargaining agent and the school board that addresses the
 3358  selection, placement, and expectations of instructional
 3359  personnel and school administrators. For all other schools, the
 3360  school district’s use of the supplemental academic instruction
 3361  allocation one or more of the 300 lowest-performing elementary
 3362  schools based on the state reading assessment for the prior year
 3363  shall use these funds, together with the funds provided in the
 3364  district’s research-based reading instruction allocation and
 3365  other available funds, to provide an additional hour of
 3366  instruction beyond the normal school day for each day of the
 3367  entire school year for intensive reading instruction for the
 3368  students in each of these schools. This additional hour of
 3369  instruction must be provided by teachers or reading specialists
 3370  who have demonstrated effectiveness in teaching reading or by a
 3371  K-5 mentoring reading program that is supervised by a teacher
 3372  who is effective at teaching reading. Students enrolled in these
 3373  schools who have level 5 assessment scores may participate in
 3374  the additional hour of instruction on an optional basis.
 3375  Exceptional student education centers shall not be included in
 3376  the 300 schools. The designation of the 300 lowest-performing
 3377  elementary schools must be based on the state reading assessment
 3378  for the prior year. After this requirement has been met,
 3379  supplemental instruction strategies may include, but is are not
 3380  limited to, the: use of a modified curriculum, reading
 3381  instruction, after-school instruction, tutoring, mentoring, a
 3382  reduction in class size, extended school year, intensive skills
 3383  development in summer school, dropout prevention programs as
 3384  defined in ss. 1003.52 and 1003.53(1)(a), (b), and (c), and
 3385  other methods of improving student achievement. Supplemental
 3386  academic instruction may be provided to a student in any manner
 3387  and at any time during or beyond the regular 180-day term
 3388  identified by the school as being the most effective and
 3389  efficient way to best help that student progress from grade to
 3390  grade and to graduate.
 3391         3. Categorical funds for supplemental academic instruction
 3392  shall be provided annually in the Florida Education Finance
 3393  Program as specified in the General Appropriations Act. These
 3394  funds shall be provided as a supplement to the funds
 3395  appropriated for the basic funding level and shall be included
 3396  in the total funds of each district. The supplemental academic
 3397  instruction allocation shall consist of a base amount that has a
 3398  workload adjustment based on changes in unweighted FTE. In
 3399  addition, districts that have elementary schools included in the
 3400  300 lowest-performing schools designation shall be allocated
 3401  additional funds to assist those districts in providing
 3402  intensive reading instruction to students in those schools. The
 3403  amount provided shall be based on each district’s level of per
 3404  student funding in the reading instruction allocation and the
 3405  supplemental academic instruction categorical fund and on the
 3406  total FTE for each of the schools. The supplemental academic
 3407  instruction allocation categorical funding shall be recalculated
 3408  during the fiscal year following an updated designation of the
 3409  300 lowest-performing elementary schools and shall be based on
 3410  actual student membership from the FTE surveys. Upon
 3411  recalculation of funding for the supplemental academic
 3412  instruction allocation categorical fund, if the total allocation
 3413  is greater than the amount provided in the General
 3414  Appropriations Act, the allocation shall be prorated to the
 3415  level provided to support the appropriation, based on each
 3416  district’s share of the total.
 3417         4. Effective with the 1999-2000 fiscal year, Funding on the
 3418  basis of FTE membership beyond the 180-day regular term shall be
 3419  provided in the FEFP only for students enrolled in juvenile
 3420  justice education programs or in education programs for
 3421  juveniles placed in secure facilities or programs under s.
 3422  985.19. Funding for instruction beyond the regular 180-day
 3423  school year for all other K-12 students shall be provided
 3424  through the supplemental academic instruction allocation and
 3425  other state, federal, and local fund sources with ample
 3426  flexibility for schools to provide supplemental instruction to
 3427  assist students in progressing from grade to grade and
 3428  graduating.
 3429         5. The Florida State University School, as a lab school, is
 3430  authorized to expend from its FEFP or Lottery Enhancement Trust
 3431  Fund allocation the cost to the student of remediation in
 3432  reading, writing, or mathematics for any graduate who requires
 3433  remediation at a postsecondary educational institution.
 3434         6. Beginning in the 1999-2000 school year, dropout
 3435  prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
 3436  (b), and (c), and 1003.54 shall be included in group 1 programs
 3437  under subparagraph (d)3.
 3438         (o) Calculation of additional full-time equivalent
 3439  membership based on successful completion of a career-themed
 3440  course pursuant to ss. 1003.491, 1003.492, and 1003.493, or
 3441  courses with embedded CAPE industry certifications or CAPE
 3442  Digital Tool certificates, and issuance of industry
 3443  certification identified on the CAPE Industry Certification
 3444  Funding List pursuant to rules adopted by the State Board of
 3445  Education or CAPE Digital Tool certificates pursuant to s.
 3446  1003.4203.—
 3447         1.a. A value of 0.025 full-time equivalent student
 3448  membership shall be calculated for CAPE Digital Tool
 3449  certificates earned by students in elementary and middle school
 3450  grades.
 3451         b. A value of 0.1 or 0.2 full-time equivalent student
 3452  membership shall be calculated for each student who completes a
 3453  course as defined in s. 1003.493(1)(b) or courses with embedded
 3454  CAPE industry certifications and who is issued an industry
 3455  certification identified annually on the CAPE Industry
 3456  Certification Funding List approved under rules adopted by the
 3457  State Board of Education. A value of 0.2 full-time equivalent
 3458  membership shall be calculated for each student who is issued a
 3459  CAPE industry certification that has a statewide articulation
 3460  agreement for college credit approved by the State Board of
 3461  Education. For CAPE industry certifications that do not
 3462  articulate for college credit, the Department of Education shall
 3463  assign a full-time equivalent value of 0.1 for each
 3464  certification. Middle grades students who earn additional FTE
 3465  membership for a CAPE Digital Tool certificate pursuant to sub
 3466  subparagraph a. may not use the previously funded examination to
 3467  satisfy the requirements for earning an industry certification
 3468  under this sub-subparagraph. Additional FTE membership for an
 3469  elementary or middle grades student may not exceed 0.1 for
 3470  certificates or certifications earned within the same fiscal
 3471  year. The State Board of Education shall include the assigned
 3472  values on the CAPE Industry Certification Funding List under
 3473  rules adopted by the state board. Such value shall be added to
 3474  the total full-time equivalent student membership for grades 6
 3475  through 12 in the subsequent year. CAPE industry certifications
 3476  earned through dual enrollment must be reported and funded
 3477  pursuant to s. 1011.80. However, if a student earns a
 3478  certification through a dual enrollment course and the
 3479  certification is not a fundable certification on the
 3480  postsecondary certification funding list, or the dual enrollment
 3481  certification is earned as a result of an agreement between a
 3482  school district and a nonpublic postsecondary institution, the
 3483  bonus value shall be funded in the same manner as other nondual
 3484  enrollment course industry certifications. In such cases, the
 3485  school district may provide for an agreement between the high
 3486  school and the technical center, or the school district and the
 3487  postsecondary institution may enter into an agreement for
 3488  equitable distribution of the bonus funds.
 3489         c. A value of 0.3 full-time equivalent student membership
 3490  shall be calculated for student completion of the courses and
 3491  the embedded certifications identified on the CAPE Industry
 3492  Certification Funding List and approved by the commissioner
 3493  pursuant to ss. 1003.4203(5)(a) and 1008.44.
 3494         d. A value of 0.5 full-time equivalent student membership
 3495  shall be calculated for CAPE Acceleration Industry
 3496  Certifications that articulate for 15 to 29 college credit
 3497  hours, and 1.0 full-time equivalent student membership shall be
 3498  calculated for CAPE Acceleration Industry Certifications that
 3499  articulate for 30 or more college credit hours pursuant to CAPE
 3500  Acceleration Industry Certifications approved by the
 3501  commissioner pursuant to ss. 1003.4203(5)(b) and 1008.44.
 3502         2. Each district must allocate at least 80 percent of the
 3503  funds provided for CAPE industry certification, in accordance
 3504  with this paragraph, to the program that generated the funds.
 3505  This allocation may not be used to supplant funds provided for
 3506  basic operation of the program.
 3507         3. For CAPE industry certifications earned in the 2013-2014
 3508  school year and in subsequent years, the school district shall
 3509  distribute to each classroom teacher who provided direct
 3510  instruction toward the attainment of a CAPE industry
 3511  certification that qualified for additional full-time equivalent
 3512  membership under subparagraph 1.:
 3513         a. A bonus of $25 for each student taught by a teacher who
 3514  provided instruction in a course that led to the attainment of a
 3515  CAPE industry certification on the CAPE Industry Certification
 3516  Funding List with a weight of 0.1.
 3517         b. A bonus of $50 for each student taught by a teacher who
 3518  provided instruction in a course that led to the attainment of a
 3519  CAPE industry certification on the CAPE Industry Certification
 3520  Funding List with a weight of 0.2.
 3521         c. A bonus of $75 for each student taught by a teacher who
 3522  provided instruction in a course that led to the attainment of a
 3523  CAPE industry certification on the CAPE Industry Certification
 3524  Funding List with a weight of 0.3.
 3525         d. A bonus of $100 for each student taught by a teacher who
 3526  provided instruction in a course that led to the attainment of a
 3527  CAPE industry certification on the CAPE Industry Certification
 3528  Funding List with a weight of 0.5 or 1.0.
 3529  
 3530  Bonuses awarded pursuant to this paragraph shall be provided to
 3531  teachers who are employed by the district in the year in which
 3532  the additional FTE membership calculation is included in the
 3533  calculation. Bonuses shall be calculated based upon the
 3534  associated weight of a CAPE industry certification on the CAPE
 3535  Industry Certification Funding List for the year in which the
 3536  certification is earned by the student. Any bonus awarded to a
 3537  teacher pursuant to under this paragraph is in addition to any
 3538  regular wage or other bonus the teacher received or is scheduled
 3539  to receive. A bonus may not be awarded to a teacher who fails to
 3540  maintain the security of any CAPE industry certification
 3541  examination or who otherwise violates the security or
 3542  administration protocol of any assessment instrument that may
 3543  result in a bonus being awarded to the teacher under this
 3544  paragraph.
 3545         (t) Computation for funding through the Florida Education
 3546  Finance Program.—The State Board of Education may adopt rules
 3547  establishing programs, industry certifications, and courses for
 3548  which the student may earn credit toward high school graduation
 3549  and the criteria under which a student’s industry certification
 3550  or grade may be rescinded.
 3551         (6) CATEGORICAL FUNDS.—
 3552         (b) If a district school board finds and declares in a
 3553  resolution adopted at a regular meeting of the school board that
 3554  the funds received for any of the following categorical
 3555  appropriations are urgently needed to maintain school board
 3556  specified academic classroom instruction or improve school
 3557  safety, the school board may consider and approve an amendment
 3558  to the school district operating budget transferring the
 3559  identified amount of the categorical funds to the appropriate
 3560  account for expenditure:
 3561         1. Funds for student transportation.
 3562         2. Funds for safe schools.
 3563         3. Funds for supplemental academic instruction if the
 3564  required additional hour of instruction beyond the normal school
 3565  day for each day of the entire school year has been provided for
 3566  the students in each low-performing elementary school in the
 3567  district pursuant to paragraph (1)(f).
 3568         2.4. Funds for research-based reading instruction if the
 3569  required additional hour of instruction beyond the normal school
 3570  day for each day of the entire school year has been provided for
 3571  the students in each low-performing elementary school in the
 3572  district pursuant to paragraph (9)(a).
 3573         3.5. Funds for instructional materials if all instructional
 3574  material purchases necessary to provide updated materials that
 3575  are aligned with applicable state standards and course
 3576  descriptions and that meet statutory requirements of content and
 3577  learning have been completed for that fiscal year, but no sooner
 3578  than March 1. Funds available after March 1 may be used to
 3579  purchase hardware for student instruction.
 3580         (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
 3581         (a) The research-based reading instruction allocation is
 3582  created to provide comprehensive reading instruction to students
 3583  in kindergarten through grade 12. Each school district that has
 3584  one or more of the 300 lowest-performing elementary schools
 3585  based on a 3-year average of the state reading assessment data
 3586  shall give priority to using that school’s portion of the
 3587  allocation to provide providing an additional hour per day of
 3588  intensive reading instruction beyond the normal school day for
 3589  each day of the entire school year for the students in each
 3590  school. The designation of the 300 lowest-performing elementary
 3591  schools must be based on the state reading assessment for the
 3592  prior year. Students enrolled in these schools who earned a have
 3593  level 4 or level 5 score on the statewide, standardized English
 3594  Language Arts assessment for the previous school year scores may
 3595  participate in the additional hour of instruction on an optional
 3596  basis. Exceptional student education centers may not be included
 3597  in the 300 schools. The intensive reading instruction delivered
 3598  in this additional hour and for other students shall include:
 3599  research-based reading instruction that has been proven to
 3600  accelerate progress of students exhibiting a reading deficiency;
 3601  differentiated instruction based on screening, diagnostic,
 3602  progress monitoring, or student assessment data to meet
 3603  students’ specific reading needs; explicit and systematic
 3604  reading strategies to develop phonemic awareness, phonics,
 3605  fluency, vocabulary, and comprehension, with more extensive
 3606  opportunities for guided practice, error correction, and
 3607  feedback; and the integration of social studies, science, and
 3608  mathematics-text reading, text discussion, and writing in
 3609  response to reading.
 3610         (c) Funds allocated under this subsection must be used to
 3611  provide a system of comprehensive reading instruction to
 3612  students enrolled in the K-12 programs, which may include the
 3613  following:
 3614         1. The provision of An additional hour per day of intensive
 3615  reading instruction to students in the 300 lowest-performing
 3616  elementary schools by teachers and reading specialists who have
 3617  demonstrated effectiveness in teaching reading as required in
 3618  paragraph (a).
 3619         2. Kindergarten through grade 5 reading intervention
 3620  teachers to provide intensive intervention during the school day
 3621  and in the required extra hour for students identified as having
 3622  a reading deficiency.
 3623         3. The provision of Highly qualified reading coaches to
 3624  specifically support teachers in making instructional decisions
 3625  based on student data, and improve teacher delivery of effective
 3626  reading instruction, intervention, and reading in the content
 3627  areas based on student need.
 3628         4. Professional development for school district teachers in
 3629  scientifically based reading instruction, including strategies
 3630  to teach reading in content areas and with an emphasis on
 3631  technical and informational text, to help school district
 3632  teachers earn a certification or an endorsement in reading.
 3633         5. The provision of Summer reading camps, using only
 3634  teachers or other district personnel who are certified or
 3635  endorsed in reading consistent with s. 1008.25(7)(b)3., for all
 3636  students in kindergarten through grade 2 who demonstrate a
 3637  reading deficiency as determined by district and state
 3638  assessments, and students in grades 3 through 5 who score at
 3639  Level 1 on the statewide, standardized reading assessment or,
 3640  upon implementation, the English Language Arts assessment.
 3641         6. The provision of Supplemental instructional materials
 3642  that are grounded in scientifically based reading research as
 3643  identified by the Just Read, Florida! Office pursuant to s.
 3644  1001.215(8).
 3645         7. The provision of Intensive interventions for students in
 3646  kindergarten through grade 12 who have been identified as having
 3647  a reading deficiency or who are reading below grade level as
 3648  determined by the statewide, standardized English Language Arts
 3649  assessment.
 3650         (d)1. Annually, by a date determined by the Department of
 3651  Education but before May 1, school districts shall submit a K-12
 3652  comprehensive reading plan for the specific use of the research
 3653  based reading instruction allocation in the format prescribed by
 3654  the department for review and approval by the Just Read,
 3655  Florida! Office created pursuant to s. 1001.215. The plan
 3656  annually submitted by school districts shall be deemed approved
 3657  unless the department rejects the plan on or before June 1. If a
 3658  school district and the Just Read, Florida! Office cannot reach
 3659  agreement on the contents of the plan, the school district may
 3660  appeal to the State Board of Education for resolution. School
 3661  districts shall be allowed reasonable flexibility in designing
 3662  their plans and shall be encouraged to offer reading
 3663  intervention through innovative methods, including career
 3664  academies. The plan format shall be developed with input from
 3665  school district personnel, including teachers and principals,
 3666  and shall provide for allow courses in core, career, and
 3667  alternative programs that deliver intensive reading
 3668  interventions remediation through integrated curricula, provided
 3669  that, beginning with the 2020-2021 school year, the
 3670  interventions are delivered by a teacher who is certified or
 3671  endorsed in reading. Such interventions must incorporate
 3672  strategies identified by the Just Read, Florida! Office pursuant
 3673  to s. 1001.215(8) deemed highly qualified to teach reading or
 3674  working toward that status. No later than July 1 annually, the
 3675  department shall release the school district’s allocation of
 3676  appropriated funds to those districts having approved plans. A
 3677  school district that spends 100 percent of this allocation on
 3678  its approved plan shall be deemed to have been in compliance
 3679  with the plan. The department may withhold funds upon a
 3680  determination that reading instruction allocation funds are not
 3681  being used to implement the approved plan. The department shall
 3682  monitor and track the implementation of each district plan,
 3683  including conducting site visits and collecting specific data on
 3684  expenditures and reading improvement results. By February 1 of
 3685  each year, the department shall report its findings to the
 3686  Legislature.
 3687         2. Each school district that has a school designated as one
 3688  of the 300 lowest-performing elementary schools as specified in
 3689  paragraph (a) shall specifically delineate in the comprehensive
 3690  reading plan, or in an addendum to the comprehensive reading
 3691  plan, the implementation design and reading intervention
 3692  strategies that will be used for the required additional hour of
 3693  reading instruction. The term “reading intervention” includes
 3694  evidence-based strategies frequently used to remediate reading
 3695  deficiencies and also includes individual instruction, tutoring,
 3696  mentoring, or the use of technology that targets specific
 3697  reading skills and abilities.
 3698         Section 29. Section 1011.6202, Florida Statutes, is amended
 3699  to read:
 3700         1011.6202 Principal Autonomy Pilot Program Initiative.—The
 3701  Principal Autonomy Pilot Program Initiative is created within
 3702  the Department of Education. The purpose of the pilot program is
 3703  to provide a the highly effective principal of a participating
 3704  school with increased autonomy and authority to operate his or
 3705  her school, as well as other schools, in a way that produces
 3706  significant improvements in student achievement and school
 3707  management while complying with constitutional requirements. The
 3708  State Board of Education may, upon approval of a principal
 3709  autonomy proposal, enter into a performance contract with the up
 3710  to seven district school board boards for participation in the
 3711  pilot program.
 3712         (1) PARTICIPATING SCHOOL DISTRICTS.—Beginning with the
 3713  2018-2019 school year, contingent upon available funds, and on a
 3714  first-come, first-served basis, a The district school board
 3715  boards in Broward, Duval, Jefferson, Madison, Palm Beach,
 3716  Pinellas, and Seminole Counties may submit, no later than
 3717  December 1, to the state board for approval a principal autonomy
 3718  proposal that exchanges statutory and rule exemptions for an
 3719  agreement to meet performance goals established in the proposal.
 3720  If approved by the state board, the each of these school
 3721  district is districts shall be eligible to participate in the
 3722  pilot program for 3 years. At the end of the 3 years, the
 3723  performance of all participating schools in the school district
 3724  shall be evaluated.
 3725         (2) PRINCIPAL AUTONOMY PROPOSAL.—
 3726         (a) To participate in the pilot program, a school district
 3727  must:
 3728         1. Identify three schools that received at least two school
 3729  grades of “D” or “F” pursuant to s. 1008.34 during the previous
 3730  3 school years.
 3731         2. Identify three principals who have earned a highly
 3732  effective rating on the prior year’s performance evaluation
 3733  pursuant to s. 1012.34, one of whom shall be assigned to each of
 3734  the participating schools.
 3735         3. Describe the current financial and administrative
 3736  management of each participating school; identify the areas in
 3737  which each school principal will have increased fiscal and
 3738  administrative autonomy, including the authority and
 3739  responsibilities provided in s. 1012.28(8); and identify the
 3740  areas in which each participating school will continue to follow
 3741  district school board fiscal and administrative policies.
 3742         4. Explain the methods used to identify the educational
 3743  strengths and needs of the participating school’s students and
 3744  identify how student achievement can be improved.
 3745         5. Establish performance goals for student achievement, as
 3746  defined in s. 1008.34(1), and explain how the increased autonomy
 3747  of principals will help participating schools improve student
 3748  achievement and school management.
 3749         6. Provide each participating school’s mission and a
 3750  description of its student population.
 3751         (b) The state board shall establish criteria, which must
 3752  include the criteria listed in paragraph (a), for the approval
 3753  of a principal autonomy proposal.
 3754         (c) A district school board must submit its principal
 3755  autonomy proposal to the state board for approval by December 1
 3756  in order to begin participation in the subsequent school year.
 3757  By February 28 of the school year in which the proposal is
 3758  submitted, the state board shall notify the district school
 3759  board in writing whether the proposal is approved.
 3760         (3) EXEMPTION FROM LAWS.—
 3761         (a) With the exception of those laws listed in paragraph
 3762  (b), a participating school or a school operated by a principal
 3763  pursuant to subsection (5) is exempt from the provisions of
 3764  chapters 1000-1013 and rules of the state board that implement
 3765  those exempt provisions.
 3766         (b) A participating school or a school operated by a
 3767  principal pursuant to subsection (5) shall comply with the
 3768  provisions of chapters 1000-1013, and rules of the state board
 3769  that implement those provisions, pertaining to the following:
 3770         1. Those laws relating to the election and compensation of
 3771  district school board members, the election or appointment and
 3772  compensation of district school superintendents, public meetings
 3773  and public records requirements, financial disclosure, and
 3774  conflicts of interest.
 3775         2. Those laws relating to the student assessment program
 3776  and school grading system, including chapter 1008.
 3777         3. Those laws relating to the provision of services to
 3778  students with disabilities.
 3779         4. Those laws relating to civil rights, including s.
 3780  1000.05, relating to discrimination.
 3781         5. Those laws relating to student health, safety, and
 3782  welfare.
 3783         6. Section 1001.42(4)(f), relating to the uniform opening
 3784  date for public schools.
 3785         7. Section 1003.03, governing maximum class size, except
 3786  that the calculation for compliance pursuant to s. 1003.03 is
 3787  the average at the school level for a participating school.
 3788         8. Sections 1012.22(1)(c) and 1012.27(2), relating to
 3789  compensation and salary schedules.
 3790         9. Section 1012.33(5), relating to workforce reductions for
 3791  annual contracts for instructional personnel. This subparagraph
 3792  does not apply to at-will employees.
 3793         10. Section 1012.335, relating to annual contracts for
 3794  instructional personnel hired on or after July 1, 2011. This
 3795  subparagraph does not apply to at-will employees.
 3796         11. Section 1012.34, relating to personnel evaluation
 3797  procedures and criteria.
 3798         12. Those laws pertaining to educational facilities,
 3799  including chapter 1013, except that s. 1013.20, relating to
 3800  covered walkways for relocatables, and s. 1013.21, relating to
 3801  the use of relocatable facilities exceeding 20 years of age, are
 3802  eligible for exemption.
 3803         13. Those laws pertaining to participating school
 3804  districts, including this section and ss. 1011.69(2) and
 3805  1012.28(8).
 3806         (c) A school shall remain exempt, as provided in this
 3807  subsection, beyond the term of the program so long as the school
 3808  receives no grade lower than a “B.”
 3809         (4) PROFESSIONAL DEVELOPMENT.—Each participating school
 3810  district shall require that the principal of each participating
 3811  school and a designated leadership team selected by the
 3812  principal of the participating school, a three-member leadership
 3813  team from each participating school, and district personnel
 3814  working with each participating school complete a nationally
 3815  recognized school turnaround program which focuses on improving
 3816  leadership, instructional infrastructure, talent management, and
 3817  differentiated support and accountability. The required
 3818  personnel must enroll in the nationally recognized school
 3819  turnaround program upon acceptance into the pilot program. Each
 3820  participating school district shall receive $100,000 from the
 3821  department for participation in the nationally recognized school
 3822  turnaround program.
 3823         (5) DISTRICT INNOVATION ACADEMIES AND ZONES.—To encourage
 3824  further innovation and expand the reach of highly effective
 3825  principals trained pursuant to subsection (4) district school
 3826  boards may authorize these principals to manage multiple schools
 3827  within a zone. A zone may include the school at which the
 3828  principal is assigned, persistently low-performing schools,
 3829  feeder pattern schools, or a group of schools identified by the
 3830  school district. The principal may allocate resources and
 3831  personnel between the schools under his or her administration.
 3832         (6)(5) TERM OF PARTICIPATION.—The state board shall
 3833  authorize a school district to participate in the pilot program
 3834  for a period of 3 years commencing with approval of the
 3835  principal autonomy proposal. Authorization to participate in the
 3836  pilot program may be renewed upon action of the state board. The
 3837  state board may revoke authorization to participate in the pilot
 3838  program if the school district fails to meet the requirements of
 3839  this section during the 3-year period.
 3840         (6) REPORTING.—Each participating school district shall
 3841  submit an annual report to the state board. The state board
 3842  shall annually report on the implementation of the Principal
 3843  Autonomy Pilot Program Initiative. Upon completion of the pilot
 3844  program’s first 3-year term, the Commissioner of Education shall
 3845  submit to the President of the Senate and the Speaker of the
 3846  House of Representatives by December 1 a full evaluation of the
 3847  effectiveness of the pilot program.
 3848         (7) FUNDING.—Subject to an annual appropriation, The
 3849  Legislature shall provide an appropriation to the department
 3850  shall fund for the costs of the pilot program to include the,
 3851  including administrative costs and enrollment costs for the
 3852  nationally recognized school turnaround program required in
 3853  subsection (4), and an additional amount not to exceed of
 3854  $10,000 for each participating principal in each participating
 3855  district as an annual salary supplement for 3 years, a fund for
 3856  the principal’s school to be used at the principal’s discretion,
 3857  or both, as determined by the district. To be eligible for a
 3858  salary supplement under this subsection, a participating
 3859  principal must:
 3860         (a) Be rated “highly effective” as determined by the
 3861  principal’s performance evaluation under s. 1012.34;
 3862         (b) Be transferred to a school that earned a grade of “F”
 3863  or two three consecutive grades of “D” pursuant to s. 1008.34,
 3864  or manage, pursuant to subsection (5), a persistently low
 3865  performing school and provided additional authority and
 3866  responsibilities pursuant to s. 1012.28(8); and
 3867         (c) Have implemented a turnaround option under s. 1008.33
 3868  s. 1008.33(4) at a school as the school’s principal. The
 3869  turnaround option must have resulted in the school improving by
 3870  at least one letter grade while he or she was serving as the
 3871  school’s principal.
 3872         (8) RULEMAKING.—The State Board of Education shall adopt
 3873  rules to administer this section.
 3874         Section 30. Subsection (5) of section 1011.69, Florida
 3875  Statutes, is amended to read:
 3876         1011.69 Equity in School-Level Funding Act.—
 3877         (5) After providing Title I, Part A, Basic funds to schools
 3878  above the 75 percent poverty threshold, which may include high
 3879  schools above the 50 percent threshold as permitted by federal
 3880  law, school districts shall provide any remaining Title I, Part
 3881  A, Basic funds directly to all eligible schools as provided in
 3882  this subsection. For purposes of this subsection, an eligible
 3883  school is a school that is eligible to receive Title I funds,
 3884  including a charter school. The threshold for identifying
 3885  eligible schools may not exceed the threshold established by a
 3886  school district for the 2016-2017 school year or the statewide
 3887  percentage of economically disadvantaged students, as determined
 3888  annually.
 3889         (a) Prior to the allocation of Title I funds to eligible
 3890  schools, a school district may withhold funds only as follows:
 3891         1. One percent for parent involvement, in addition to the
 3892  one percent the district must reserve under federal law for
 3893  allocations to eligible schools for parent involvement;
 3894         2. A necessary and reasonable amount for administration,
 3895  which includes the district’s indirect cost rate, not to exceed
 3896  a total of 10 8 percent; and
 3897         3. A reasonable and necessary amount to provide:
 3898         a. Homeless programs;
 3899         b. Delinquent and neglected programs;
 3900         c. Prekindergarten programs and activities;
 3901         d. Private school equitable services; and
 3902         e. Transportation for foster care children to their school
 3903  of origin or choice programs; and.
 3904         4. A necessary and reasonable amount, not to exceed 1
 3905  percent, for eligible schools to provide educational services in
 3906  accordance with the approved Title I plan.
 3907         (b) All remaining Title I funds shall be distributed to all
 3908  eligible schools in accordance with federal law and regulation.
 3909  An eligible school may use funds under this subsection to
 3910  participate in discretionary educational services provided by
 3911  the school district. Any funds provided by an eligible school to
 3912  participate in discretionary educational services provided by
 3913  the school district are not subject to the requirements of this
 3914  subsection.
 3915         (c) Any funds carried forward by the school district are
 3916  not subject to the requirements of this subsection.
 3917         Section 31. Subsection (2) of section 1011.71, Florida
 3918  Statutes, is amended to read:
 3919         1011.71 District school tax.—
 3920         (2) In addition to the maximum millage levy as provided in
 3921  subsection (1), each school board may levy not more than 1.5
 3922  mills against the taxable value for school purposes for charter
 3923  schools pursuant to s. 1013.62(1) and (3) s. 1013.62(3) and for
 3924  district schools to fund:
 3925         (a) New construction and remodeling projects, as set forth
 3926  in s. 1013.64(6)(b) s. 1013.64(3)(d) and (6)(b) and included in
 3927  the district’s educational plant survey pursuant to s. 1013.31,
 3928  without regard to prioritization, sites and site improvement or
 3929  expansion to new sites, existing sites, auxiliary facilities,
 3930  athletic facilities, or ancillary facilities.
 3931         (b) Maintenance, renovation, and repair of existing school
 3932  plants or of leased facilities to correct deficiencies pursuant
 3933  to s. 1013.15(2).
 3934         (c) The purchase, lease-purchase, or lease of school buses.
 3935         (d) The purchase, lease-purchase, or lease of new and
 3936  replacement equipment; computer and device hardware and
 3937  operating system software necessary for gaining access to or
 3938  enhancing the use of electronic and digital instructional
 3939  content and resources; and enterprise resource software
 3940  applications that are classified as capital assets in accordance
 3941  with definitions of the Governmental Accounting Standards Board,
 3942  have a useful life of at least 5 years, and are used to support
 3943  districtwide administration or state-mandated reporting
 3944  requirements. Enterprise resource software may be acquired by
 3945  annual license fees, maintenance fees, or lease agreements.
 3946         (e) Payments for educational facilities and sites due under
 3947  a lease-purchase agreement entered into by a district school
 3948  board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not
 3949  exceeding, in the aggregate, an amount equal to three-fourths of
 3950  the proceeds from the millage levied by a district school board
 3951  pursuant to this subsection. The three-fourths limit is waived
 3952  for lease-purchase agreements entered into before June 30, 2009,
 3953  by a district school board pursuant to this paragraph. If
 3954  payments under lease-purchase agreements in the aggregate,
 3955  including lease-purchase agreements entered into before June 30,
 3956  2009, exceed three-fourths of the proceeds from the millage
 3957  levied pursuant to this subsection, the district school board
 3958  may not withhold the administrative fees authorized by s.
 3959  1002.33(20) from any charter school operating in the school
 3960  district.
 3961         (f) Payment of loans approved pursuant to ss. 1011.14 and
 3962  1011.15.
 3963         (g) Payment of costs directly related to complying with
 3964  state and federal environmental statutes, rules, and regulations
 3965  governing school facilities.
 3966         (h) Payment of costs of leasing relocatable educational
 3967  facilities, of renting or leasing educational facilities and
 3968  sites pursuant to s. 1013.15(2), or of renting or leasing
 3969  buildings or space within existing buildings pursuant to s.
 3970  1013.15(4).
 3971         (i) Payment of the cost of school buses when a school
 3972  district contracts with a private entity to provide student
 3973  transportation services if the district meets the requirements
 3974  of this paragraph.
 3975         1. The district’s contract must require that the private
 3976  entity purchase, lease-purchase, or lease, and operate and
 3977  maintain, one or more school buses of a specific type and size
 3978  that meet the requirements of s. 1006.25.
 3979         2. Each such school bus must be used for the daily
 3980  transportation of public school students in the manner required
 3981  by the school district.
 3982         3. Annual payment for each such school bus may not exceed
 3983  10 percent of the purchase price of the state pool bid.
 3984         4. The proposed expenditure of the funds for this purpose
 3985  must have been included in the district school board’s notice of
 3986  proposed tax for school capital outlay as provided in s.
 3987  200.065(10).
 3988         (j) Payment of the cost of the opening day collection for
 3989  the library media center of a new school.
 3990         (k) Payout of sick leave and annual leave accrued as of
 3991  June 30, 2017, by individuals who are no longer employed by a
 3992  school district that transfers to a charter school operator all
 3993  day-to-day classroom instruction responsibility for all full
 3994  time equivalent students funded under s. 1011.62. This paragraph
 3995  expires July 1, 2018.
 3996         Section 32. Subsection (4) of section 1012.2315, Florida
 3997  Statutes, is amended to read:
 3998         1012.2315 Assignment of teachers.—
 3999         (4) COLLECTIVE BARGAINING.—
 4000         (a) Notwithstanding provisions of chapter 447 relating to
 4001  district school board collective bargaining, collective
 4002  bargaining provisions may not preclude a school district from
 4003  providing incentives to high-quality teachers and assigning such
 4004  teachers to low-performing schools.
 4005         (b) Before the start of the 2019-2020 school year, each
 4006  school district and the certified collective bargaining unit for
 4007  instructional personnel shall negotiate a memorandum of
 4008  understanding that addresses the selection, placement, and
 4009  expectations of instructional personnel and provides school
 4010  principals with the autonomy described in s. 1012.28(8).
 4011         (c)1. In addition to the provisions under s. 447.305(2), an
 4012  employee organization that has been certified as the bargaining
 4013  agent for a unit of instructional personnel as defined in s.
 4014  1012.01(2) must include for each such certified bargaining unit
 4015  the following information in its application for renewal of
 4016  registration:
 4017         a. The number of employees in the bargaining unit who are
 4018  eligible for representation by the employee organization.
 4019         b. The number of employees who are represented by the
 4020  employee organization, specifying the number of members who pay
 4021  dues and the number of members who do not pay dues.
 4022         2. Notwithstanding the provisions of chapter 447 relating
 4023  to collective bargaining, an employee organization whose dues
 4024  paying membership is less than 50 percent of the employees
 4025  eligible for representation in the unit, as identified in
 4026  subparagraph 1., must petition the Public Employees Relations
 4027  Commission pursuant to s. 447.307(2) and (3) for recertification
 4028  as the exclusive representative of all employees in the unit
 4029  within 1 month after the date on which the organization applies
 4030  for renewal of registration pursuant to s. 447.305(2). The
 4031  certification of an employee organization that does not comply
 4032  with this paragraph is revoked.
 4033         Section 33. Subsection (8) of section 1012.28, Florida
 4034  Statutes, is amended to read:
 4035         1012.28 Public school personnel; duties of school
 4036  principals.—
 4037         (8) The principal of a school participating in the
 4038  Principal Autonomy Pilot Program Initiative under s. 1011.6202
 4039  has the following additional authority and responsibilities:
 4040         (a) In addition to the authority provided in subsection
 4041  (6), the authority to select qualified instructional personnel
 4042  for placement or to refuse to accept the placement or transfer
 4043  of instructional personnel by the district school
 4044  superintendent. Placement of instructional personnel at a
 4045  participating school in a participating school district does not
 4046  affect the employee’s status as a school district employee.
 4047         (b) The authority to deploy financial resources to school
 4048  programs at the principal’s discretion to help improve student
 4049  achievement, as defined in s. 1008.34(1), and meet performance
 4050  goals identified in the principal autonomy proposal submitted
 4051  pursuant to s. 1011.6202.
 4052         (c) To annually provide to the district school
 4053  superintendent and the district school board a budget for the
 4054  operation of the participating school that identifies how funds
 4055  provided pursuant to s. 1011.69(2) are allocated. The school
 4056  district shall include the budget in the annual report provided
 4057  to the State Board of Education pursuant to s. 1011.6202(6).
 4058         Section 34. Section 1012.315, Florida Statutes, is amended
 4059  to read:
 4060         1012.315 Disqualification from employment.—A person is
 4061  ineligible for educator certification, and instructional
 4062  personnel and school administrators, as defined in s. 1012.01,
 4063  are ineligible for employment in any position that requires
 4064  direct contact with students in a district school system,
 4065  charter school, or private school that accepts scholarship
 4066  students who participate in a state scholarship program under
 4067  chapter 1002 under s. 1002.39 or s. 1002.395, if the person,
 4068  instructional personnel, or school administrator has been
 4069  convicted of:
 4070         (1) Any felony offense prohibited under any of the
 4071  following statutes:
 4072         (a) Section 393.135, relating to sexual misconduct with
 4073  certain developmentally disabled clients and reporting of such
 4074  sexual misconduct.
 4075         (b) Section 394.4593, relating to sexual misconduct with
 4076  certain mental health patients and reporting of such sexual
 4077  misconduct.
 4078         (c) Section 415.111, relating to adult abuse, neglect, or
 4079  exploitation of aged persons or disabled adults.
 4080         (d) Section 782.04, relating to murder.
 4081         (e) Section 782.07, relating to manslaughter, aggravated
 4082  manslaughter of an elderly person or disabled adult, aggravated
 4083  manslaughter of a child, or aggravated manslaughter of an
 4084  officer, a firefighter, an emergency medical technician, or a
 4085  paramedic.
 4086         (f) Section 784.021, relating to aggravated assault.
 4087         (g) Section 784.045, relating to aggravated battery.
 4088         (h) Section 784.075, relating to battery on a detention or
 4089  commitment facility staff member or a juvenile probation
 4090  officer.
 4091         (i) Section 787.01, relating to kidnapping.
 4092         (j) Section 787.02, relating to false imprisonment.
 4093         (k) Section 787.025, relating to luring or enticing a
 4094  child.
 4095         (l) Section 787.04(2), relating to leading, taking,
 4096  enticing, or removing a minor beyond the state limits, or
 4097  concealing the location of a minor, with criminal intent pending
 4098  custody proceedings.
 4099         (m) Section 787.04(3), relating to leading, taking,
 4100  enticing, or removing a minor beyond the state limits, or
 4101  concealing the location of a minor, with criminal intent pending
 4102  dependency proceedings or proceedings concerning alleged abuse
 4103  or neglect of a minor.
 4104         (n) Section 790.115(1), relating to exhibiting firearms or
 4105  weapons at a school-sponsored event, on school property, or
 4106  within 1,000 feet of a school.
 4107         (o) Section 790.115(2)(b), relating to possessing an
 4108  electric weapon or device, destructive device, or other weapon
 4109  at a school-sponsored event or on school property.
 4110         (p) Section 794.011, relating to sexual battery.
 4111         (q) Former s. 794.041, relating to sexual activity with or
 4112  solicitation of a child by a person in familial or custodial
 4113  authority.
 4114         (r) Section 794.05, relating to unlawful sexual activity
 4115  with certain minors.
 4116         (s) Section 794.08, relating to female genital mutilation.
 4117         (t) Chapter 796, relating to prostitution.
 4118         (u) Chapter 800, relating to lewdness and indecent
 4119  exposure.
 4120         (v) Section 806.01, relating to arson.
 4121         (w) Section 810.14, relating to voyeurism.
 4122         (x) Section 810.145, relating to video voyeurism.
 4123         (y) Section 812.014(6), relating to coordinating the
 4124  commission of theft in excess of $3,000.
 4125         (z) Section 812.0145, relating to theft from persons 65
 4126  years of age or older.
 4127         (aa) Section 812.019, relating to dealing in stolen
 4128  property.
 4129         (bb) Section 812.13, relating to robbery.
 4130         (cc) Section 812.131, relating to robbery by sudden
 4131  snatching.
 4132         (dd) Section 812.133, relating to carjacking.
 4133         (ee) Section 812.135, relating to home-invasion robbery.
 4134         (ff) Section 817.563, relating to fraudulent sale of
 4135  controlled substances.
 4136         (gg) Section 825.102, relating to abuse, aggravated abuse,
 4137  or neglect of an elderly person or disabled adult.
 4138         (hh) Section 825.103, relating to exploitation of an
 4139  elderly person or disabled adult.
 4140         (ii) Section 825.1025, relating to lewd or lascivious
 4141  offenses committed upon or in the presence of an elderly person
 4142  or disabled person.
 4143         (jj) Section 826.04, relating to incest.
 4144         (kk) Section 827.03, relating to child abuse, aggravated
 4145  child abuse, or neglect of a child.
 4146         (ll) Section 827.04, relating to contributing to the
 4147  delinquency or dependency of a child.
 4148         (mm) Section 827.071, relating to sexual performance by a
 4149  child.
 4150         (nn) Section 843.01, relating to resisting arrest with
 4151  violence.
 4152         (oo) Chapter 847, relating to obscenity.
 4153         (pp) Section 874.05, relating to causing, encouraging,
 4154  soliciting, or recruiting another to join a criminal street
 4155  gang.
 4156         (qq) Chapter 893, relating to drug abuse prevention and
 4157  control, if the offense was a felony of the second degree or
 4158  greater severity.
 4159         (rr) Section 916.1075, relating to sexual misconduct with
 4160  certain forensic clients and reporting of such sexual
 4161  misconduct.
 4162         (ss) Section 944.47, relating to introduction, removal, or
 4163  possession of contraband at a correctional facility.
 4164         (tt) Section 985.701, relating to sexual misconduct in
 4165  juvenile justice programs.
 4166         (uu) Section 985.711, relating to introduction, removal, or
 4167  possession of contraband at a juvenile detention facility or
 4168  commitment program.
 4169         (2) Any misdemeanor offense prohibited under any of the
 4170  following statutes:
 4171         (a) Section 784.03, relating to battery, if the victim of
 4172  the offense was a minor.
 4173         (b) Section 787.025, relating to luring or enticing a
 4174  child.
 4175         (3) Any criminal act committed in another state or under
 4176  federal law which, if committed in this state, constitutes an
 4177  offense prohibited under any statute listed in subsection (1) or
 4178  subsection (2).
 4179         (4) Any delinquent act committed in this state or any
 4180  delinquent or criminal act committed in another state or under
 4181  federal law which, if committed in this state, qualifies an
 4182  individual for inclusion on the Registered Juvenile Sex Offender
 4183  List under s. 943.0435(1)(h)1.d.
 4184         Section 35. Subsection (2) of section 1012.32, Florida
 4185  Statutes, is amended to read:
 4186         1012.32 Qualifications of personnel.—
 4187         (2)(a) Instructional and noninstructional personnel who are
 4188  hired or contracted to fill positions that require direct
 4189  contact with students in any district school system or
 4190  university lab school must, upon employment or engagement to
 4191  provide services, undergo background screening as required under
 4192  s. 1012.465 or s. 1012.56, whichever is applicable.
 4193         (b) Instructional and noninstructional personnel who are
 4194  hired or contracted to fill positions in any charter school and
 4195  members of the governing board of any charter school, in
 4196  compliance with s. 1002.33(12)(g), must, upon employment,
 4197  engagement of services, or appointment, undergo background
 4198  screening as required under s. 1012.465 or s. 1012.56, whichever
 4199  is applicable, by filing with the district school board for the
 4200  school district in which the charter school is located a
 4201  complete set of fingerprints taken by an authorized law
 4202  enforcement agency or an employee of the school or school
 4203  district who is trained to take fingerprints.
 4204         (c) Instructional and noninstructional personnel who are
 4205  hired or contracted to fill positions that require direct
 4206  contact with students in an alternative school that operates
 4207  under contract with a district school system must, upon
 4208  employment or engagement to provide services, undergo background
 4209  screening as required under s. 1012.465 or s. 1012.56, whichever
 4210  is applicable, by filing with the district school board for the
 4211  school district to which the alternative school is under
 4212  contract a complete set of fingerprints taken by an authorized
 4213  law enforcement agency or an employee of the school or school
 4214  district who is trained to take fingerprints.
 4215         (d) Student teachers and persons participating in a field
 4216  experience pursuant to s. 1004.04(5) or s. 1004.85 in any
 4217  district school system, lab school, or charter school must, upon
 4218  engagement to provide services, undergo background screening as
 4219  required under s. 1012.56.
 4220  
 4221  Fingerprints shall be submitted to the Department of Law
 4222  Enforcement for statewide criminal and juvenile records checks
 4223  and to the Federal Bureau of Investigation for federal criminal
 4224  records checks. A person subject to this subsection who is found
 4225  ineligible for employment under s. 1012.315, or otherwise found
 4226  through background screening to have been convicted of any crime
 4227  involving moral turpitude as defined by rule of the State Board
 4228  of Education, shall not be employed, engaged to provide
 4229  services, or serve in any position that requires direct contact
 4230  with students. Probationary persons subject to this subsection
 4231  terminated because of their criminal record have the right to
 4232  appeal such decisions. The cost of the background screening may
 4233  be borne by the district school board, the charter school, the
 4234  employee, the contractor, or a person subject to this
 4235  subsection. A district school board shall reimburse a charter
 4236  school the cost of background screening if it does not notify
 4237  the charter school of the eligibility of a governing board
 4238  members or instructional or noninstructional personnel within
 4239  the earlier of 14 days after receipt of the background screening
 4240  results from the Florida Department of Law Enforcement or 30
 4241  days of submission of fingerprints by the governing board member
 4242  or instructional or noninstructional personnel.
 4243         Section 36. Section 1012.562, Florida Statutes, is amended
 4244  to read:
 4245         1012.562 Public accountability and state approval of school
 4246  leader preparation programs.—The Department of Education shall
 4247  establish a process for the approval of Level I and Level II
 4248  school leader preparation programs that will enable aspiring
 4249  school leaders to obtain their certificate in educational
 4250  leadership under s. 1012.56. School leader preparation programs
 4251  must be competency-based, aligned to the principal leadership
 4252  standards adopted by the state board, and open to individuals
 4253  employed by public schools, including charter schools and
 4254  virtual schools. Level I programs may be offered by school
 4255  districts or postsecondary institutions and lead to initial
 4256  certification in educational leadership for the purpose of
 4257  preparing individuals to serve as school administrators. Level
 4258  II programs may be offered by school districts, build upon Level
 4259  I training, and lead to renewal certification as a school
 4260  principal.
 4261         (1) PURPOSE.—The purpose of school leader preparation
 4262  programs are to:
 4263         (a) Increase the supply of effective school leaders in the
 4264  public schools of this state.
 4265         (b) Produce school leaders who are prepared to lead the
 4266  state’s diverse student population in meeting high standards for
 4267  academic achievement.
 4268         (c) Enable school leaders to facilitate the development and
 4269  retention of effective and highly effective classroom teachers.
 4270         (d) Produce leaders with the competencies and skills
 4271  necessary to achieve the state’s education goals.
 4272         (e) Sustain the state system of school improvement and
 4273  education accountability.
 4274         (2) LEVEL I PROGRAMS.—
 4275         (a) Initial approval of a Level I program shall be for a
 4276  period of 5 years. A postsecondary institution, or school
 4277  district, charter school, or charter management organization may
 4278  submit to the department in a format prescribed by the
 4279  department an application to establish a Level I school leader
 4280  preparation program. To be approved, a Level I program must:
 4281         1. Provide competency-based training aligned to the
 4282  principal leadership standards adopted by the State Board of
 4283  Education.
 4284         2. If the program is provided by a postsecondary
 4285  institution, partner with at least one school district.
 4286         3. Describe the qualifications that will be used to
 4287  determine program admission standards, including a candidate’s
 4288  instructional expertise and leadership potential.
 4289         4. Describe how the training provided through the program
 4290  will be aligned to the personnel evaluation criteria under s.
 4291  1012.34.
 4292         (b) Renewal of a Level I program’s approval shall be for a
 4293  period of 5 years and shall be based upon evidence of the
 4294  program’s continued ability to meet the requirements of
 4295  paragraph (a). A postsecondary institution or school district
 4296  must submit an institutional program evaluation plan in a format
 4297  prescribed by the department for a Level I program to be
 4298  considered for renewal. The plan must include:
 4299         1. The percentage of personnel who complete the program and
 4300  are placed in school leadership positions in public schools
 4301  within the state.
 4302         2. Results from the personnel evaluations required under s.
 4303  1012.34 for personnel who complete the program.
 4304         3. The passage rate of personnel who complete the program
 4305  on the Florida Education Leadership Examination.
 4306         4. The impact personnel who complete the program have on
 4307  student learning as measured by the formulas developed by the
 4308  commissioner pursuant to s. 1012.34(7).
 4309         5. Strategies for continuous improvement of the program.
 4310         6. Strategies for involving personnel who complete the
 4311  program, other school personnel, community agencies, business
 4312  representatives, and other stakeholders in the program
 4313  evaluation process.
 4314         7. Additional data included at the discretion of the
 4315  postsecondary institution or school district.
 4316         (c) A Level I program must guarantee the high quality of
 4317  personnel who complete the program for the first 2 years after
 4318  program completion or the person’s initial certification as a
 4319  school leader, whichever occurs first. If a person who completed
 4320  the program is evaluated at less than highly effective or
 4321  effective under s. 1012.34 and the person’s employer requests
 4322  additional training, the Level I program must provide additional
 4323  training at no cost to the person or his or her employer. The
 4324  training must include the creation of an individualized plan
 4325  agreed to by the employer that includes specific learning
 4326  outcomes. The Level I program is not responsible for the
 4327  person’s employment contract with his or her employer.
 4328         (3) LEVEL II PROGRAMS.—Initial approval and subsequent
 4329  renewal of a Level II program shall be for a period of 5 years.
 4330  A school district, charter school, or charter management
 4331  organization may submit to the department in a format prescribed
 4332  by the department an application to establish a Level II school
 4333  leader preparation program or for program renewal. To be
 4334  approved or renewed, a Level II program must:
 4335         (a) Demonstrate that personnel accepted into the Level II
 4336  program have:
 4337         1. Obtained their certificate in educational leadership
 4338  under s. 1012.56.
 4339         2. Earned a highly effective or effective designation under
 4340  s. 1012.34.
 4341         3. Satisfactorily performed instructional leadership
 4342  responsibilities as measured by the evaluation system in s.
 4343  1012.34.
 4344         (b) Demonstrate that the Level II program:
 4345         1. Provides competency-based training aligned to the
 4346  principal leadership standards adopted by the State Board of
 4347  Education.
 4348         2. Provides training aligned to the personnel evaluation
 4349  criteria under s. 1012.34 and professional development program
 4350  in s. 1012.986.
 4351         3. Provides individualized instruction using a customized
 4352  learning plan for each person enrolled in the program that is
 4353  based on data from self-assessment, selection, and appraisal
 4354  instruments.
 4355         4. Conducts program evaluations and implements program
 4356  improvements using input from personnel who completed the
 4357  program and employers and data gathered pursuant to paragraph
 4358  (2)(b).
 4359         (c) Gather and monitor the data specified in paragraph
 4360  (2)(b).
 4361         (4) RULES.—The State Board of Education shall adopt rules
 4362  to administer this section.
 4363         Section 37. Paragraph (b) of subsection (1) of section
 4364  1012.586, Florida Statutes, is amended to read:
 4365         1012.586 Additions or changes to certificates; duplicate
 4366  certificates.—A school district may process via a Department of
 4367  Education website certificates for the following applications of
 4368  public school employees:
 4369         (1) Addition of a subject coverage or endorsement to a
 4370  valid Florida certificate on the basis of the completion of the
 4371  appropriate subject area testing requirements of s.
 4372  1012.56(5)(a) or the completion of the requirements of an
 4373  approved school district program or the inservice components for
 4374  an endorsement.
 4375         (b) By July 1, 2018, and at least once every 5 years
 4376  thereafter, the department shall conduct a review of existing
 4377  subject coverage or endorsement requirements in the elementary,
 4378  reading, and exceptional student educational areas. The review
 4379  must include reciprocity requirements for out-of-state
 4380  certificates and requirements for demonstrating competency in
 4381  the reading instruction professional development topics listed
 4382  in s. 1012.98(4)(b)11. The review must also consider the award
 4383  of an endorsement to an individual who holds a certificate
 4384  issued by an internationally recognized organization that
 4385  establishes standards for providing evidence-based interventions
 4386  to struggling readers or who completes a postsecondary program
 4387  that is accredited by such organization. Any such certificate or
 4388  program must require an individual who completes the certificate
 4389  or program to demonstrate competence in reading intervention
 4390  strategies through clinical experience. At the conclusion of
 4391  each review, the department shall recommend to the state board
 4392  changes to the subject coverage or endorsement requirements
 4393  based upon any identified instruction or intervention strategies
 4394  proven to improve student reading performance. This paragraph
 4395  does not authorize the state board to establish any new
 4396  certification subject coverage.
 4397  
 4398  The employing school district shall charge the employee a fee
 4399  not to exceed the amount charged by the Department of Education
 4400  for such services. Each district school board shall retain a
 4401  portion of the fee as defined in the rules of the State Board of
 4402  Education. The portion sent to the department shall be used for
 4403  maintenance of the technology system, the web application, and
 4404  posting and mailing of the certificate.
 4405         Section 38. Paragraph (e) of subsection (1) of section
 4406  1012.796, Florida Statutes, is amended to read:
 4407         1012.796 Complaints against teachers and administrators;
 4408  procedure; penalties.—
 4409         (1)
 4410         (e) If allegations arise against an employee who is
 4411  certified under s. 1012.56 and employed in an educator
 4412  certificated position in any public school, charter school or
 4413  governing board thereof, or private school that accepts
 4414  scholarship students who participate in a state scholarship
 4415  program under chapter 1002 under s. 1002.39 or s. 1002.395, the
 4416  school shall file in writing with the department a legally
 4417  sufficient complaint within 30 days after the date on which the
 4418  subject matter of the complaint came to the attention of the
 4419  school. A complaint is legally sufficient if it contains
 4420  ultimate facts that show a violation has occurred as provided in
 4421  s. 1012.795 and defined by rule of the State Board of Education.
 4422  The school shall include all known information relating to the
 4423  complaint with the filing of the complaint. This paragraph does
 4424  not limit or restrict the power and duty of the department to
 4425  investigate complaints, regardless of the school’s untimely
 4426  filing, or failure to file, complaints and followup reports.
 4427         Section 39. Subsection (11) of section 1012.98, Florida
 4428  Statutes, is amended to read:
 4429         1012.98 School Community Professional Development Act.—
 4430         (11) The department shall disseminate to the school
 4431  community proven model professional development programs that
 4432  have demonstrated success in increasing rigorous and relevant
 4433  content, increasing student achievement and engagement, meeting
 4434  identified student needs, and providing effective mentorship
 4435  activities to new teachers and training to teacher mentors. The
 4436  methods of dissemination must include a web-based statewide
 4437  performance-support system including a database of exemplary
 4438  professional development activities, a listing of available
 4439  professional development resources, training programs, and
 4440  available technical assistance. Professional development
 4441  resources must include sample course-at-a-glance and unit
 4442  overview templates that school districts may use when developing
 4443  curriculum. The templates must provide an organized structure
 4444  for addressing the Florida Standards, grade-level expectations,
 4445  evidence outcomes, and 21st century skills that build to
 4446  students’ mastery of the standards at each grade level. Each
 4447  template must support teaching to greater intellectual depth and
 4448  emphasize transfer and application of concepts, content, and
 4449  skills. At a minimum, each template must:
 4450         (a) Provide course or year-long sequencing of concept-based
 4451  unit overviews based on the Florida Standards.
 4452         (b) Describe the knowledge and vocabulary necessary for
 4453  comprehension.
 4454         (c) Promote the instructional shifts required within the
 4455  Florida Standards.
 4456         (d) Illustrate the interdependence of grade level
 4457  expectations within and across content areas within a grade.
 4458         Section 40. Paragraph (a) of subsection (2) of section
 4459  1013.28, Florida Statutes, is amended to read:
 4460         1013.28 Disposal of property.—
 4461         (2) TANGIBLE PERSONAL PROPERTY.—
 4462         (a) Tangible personal property that has been properly
 4463  classified as surplus by a district school board or Florida
 4464  College System institution board of trustees shall be disposed
 4465  of in accordance with the procedure established by chapter 274.
 4466  However, the provisions of chapter 274 shall not be applicable
 4467  to a motor vehicle used in driver education to which title is
 4468  obtained for a token amount from an automobile dealer or
 4469  manufacturer. In such cases, the disposal of the vehicle shall
 4470  be as prescribed in the contractual agreement between the
 4471  automotive agency or manufacturer and the board. Tangible
 4472  personal property that has been properly classified as surplus,
 4473  marked for disposal, or otherwise unused by a district school
 4474  board shall be provided for a charter school’s use on the same
 4475  basis as it is made available to other public schools in the
 4476  district. A charter school receiving property from the school
 4477  district may not sell or dispose of such property without the
 4478  written permission of the school district.
 4479         Section 41. Present paragraphs (a) through (d) of
 4480  subsection (1) of section 1013.31, Florida Statutes, are
 4481  redesignated as paragraphs (b) through (e), respectively, and a
 4482  new paragraph (a) is added to that subsection, to read:
 4483         1013.31 Educational plant survey; localized need
 4484  assessment; PECO project funding.—
 4485         (1) At least every 5 years, each board shall arrange for an
 4486  educational plant survey, to aid in formulating plans for
 4487  housing the educational program and student population, faculty,
 4488  administrators, staff, and auxiliary and ancillary services of
 4489  the district or campus, including consideration of the local
 4490  comprehensive plan. The Department of Education shall document
 4491  the need for additional career and adult education programs and
 4492  the continuation of existing programs before facility
 4493  construction or renovation related to career or adult education
 4494  may be included in the educational plant survey of a school
 4495  district or Florida College System institution that delivers
 4496  career or adult education programs. Information used by the
 4497  Department of Education to establish facility needs must
 4498  include, but need not be limited to, labor market data, needs
 4499  analysis, and information submitted by the school district or
 4500  Florida College System institution.
 4501         (a) Educational plant survey and localized need assessment
 4502  for capital outlay purposes.—A district may only use funds from
 4503  the following sources for educational, auxiliary, and ancillary
 4504  plant capital outlay purposes without needing a survey
 4505  recommendation:
 4506         1. The local capital outlay improvement fund, consisting of
 4507  funds that come from and are a part of the district’s basic
 4508  operating budget;
 4509         2. If a board decides to build an educational, auxiliary,
 4510  or ancillary facility without a survey recommendation and the
 4511  taxpayers approve a bond referendum, the voted bond referendum;
 4512         3. One-half cent sales surtax revenue;
 4513         4. One cent local governmental surtax revenue;
 4514         5. Impact fees; and
 4515         6. Private gifts or donations.
 4516         Section 42. Paragraph (e) is added to subsection (2) of
 4517  section 1013.385, Florida Statutes, to read:
 4518         1013.385 School district construction flexibility.—
 4519         (2) A resolution adopted under this section may propose
 4520  implementation of exceptions to requirements of the uniform
 4521  statewide building code for the planning and construction of
 4522  public educational and ancillary plants adopted pursuant to ss.
 4523  553.73 and 1013.37 relating to:
 4524         (e) Any other provisions that limit the ability of a school
 4525  to operate in a facility on the same basis as a charter school
 4526  pursuant to s. 1002.33(18) so long as the regional planning
 4527  council determines that there is sufficient shelter capacity
 4528  within the school district as documented in the Statewide
 4529  Emergency Shelter Plan.
 4530         Section 43. Subsections (1), (3), and (5) of section
 4531  1013.62, Florida Statutes, are amended to read:
 4532         1013.62 Charter schools capital outlay funding.—
 4533         (1) For the 2018-2019 fiscal year, charter school capital
 4534  outlay funding shall consist of revenue resulting from the
 4535  discretionary millage authorized in s. 1011.71(2) and state
 4536  funds when such funds are appropriated in the 2018-2019 General
 4537  Appropriations Act. Beginning in fiscal year 2019-2020, charter
 4538  school capital outlay funding shall consist of state funds when
 4539  such funds are appropriated in the General Appropriations Act
 4540  and revenue resulting from the discretionary millage authorized
 4541  in s. 1011.71(2) if the amount of state funds appropriated for
 4542  charter school capital outlay in any fiscal year is less than
 4543  the average charter school capital outlay funds per unweighted
 4544  full-time equivalent student for the 2018-2019 fiscal year,
 4545  multiplied by the estimated number of charter school students
 4546  for the applicable fiscal year, and adjusted by changes in the
 4547  Consumer Price Index issued by the United States Department of
 4548  Labor from the previous fiscal year. Nothing is this subsection
 4549  prohibits a school district from distributing to charter schools
 4550  funds resulting from the discretionary millage authorized in s.
 4551  1011.71(2).
 4552         (a) To be eligible to receive capital outlay funds, a
 4553  charter school must:
 4554         1.a. Have been in operation for 2 or more years;
 4555         b. Be governed by a governing board established in the
 4556  state for 2 or more years which operates both charter schools
 4557  and conversion charter schools within the state;
 4558         c. Be an expanded feeder chain of a charter school within
 4559  the same school district that is currently receiving charter
 4560  school capital outlay funds;
 4561         d. Have been accredited by a regional accrediting
 4562  association as defined by State Board of Education rule; or
 4563         e. Serve students in facilities that are provided by a
 4564  business partner for a charter school-in-the-workplace pursuant
 4565  to s. 1002.33(15)(b).
 4566         2. Have an annual audit that does not reveal any of the
 4567  financial emergency conditions provided in s. 218.503(1) for the
 4568  most recent fiscal year for which such audit results are
 4569  available.
 4570         3. Have satisfactory student achievement based on state
 4571  accountability standards applicable to the charter school.
 4572         4. Have received final approval from its sponsor pursuant
 4573  to s. 1002.33 for operation during that fiscal year.
 4574         5. Serve students in facilities that are not provided by
 4575  the charter school’s sponsor.
 4576         (b) A charter school is not eligible to receive capital
 4577  outlay funds if it was created by the conversion of a public
 4578  school and operates in facilities provided by the charter
 4579  school’s sponsor for a nominal fee, or at no charge, or if it is
 4580  directly or indirectly operated by the school district.
 4581         (3) If the school board levies the discretionary millage
 4582  authorized in s. 1011.71(2), and the state funds appropriated
 4583  for charter school capital outlay in any fiscal year are less
 4584  than the average charter school capital outlay funds per
 4585  unweighted full-time equivalent student for the 2018-2019 fiscal
 4586  year, multiplied by the estimated number of charter school
 4587  students for the applicable fiscal year, and adjusted by changes
 4588  in the Consumer Price Index issued by the United States
 4589  Department of Labor from the previous fiscal year, the
 4590  department shall use the following calculation methodology to
 4591  determine the amount of revenue that a school district must
 4592  distribute to each eligible charter school:
 4593         (a) Reduce the total discretionary millage revenue by the
 4594  school district’s annual debt service obligation incurred as of
 4595  March 1, 2017, which has not been subsequently retired, and any
 4596  amount of participation requirement pursuant to s.
 4597  1013.64(2)(a)8. that is being satisfied by revenues raised by
 4598  the discretionary millage.
 4599         (b) Divide the school district’s adjusted discretionary
 4600  millage revenue by the district’s total capital outlay full-time
 4601  equivalent membership and the total number of unweighted full
 4602  time equivalent students of each eligible charter school to
 4603  determine a capital outlay allocation per full-time equivalent
 4604  student.
 4605         (c) Multiply the capital outlay allocation per full-time
 4606  equivalent student by the total number of full-time equivalent
 4607  students of each eligible charter school to determine the
 4608  capital outlay allocation for each charter school.
 4609         (d) If applicable, reduce the capital outlay allocation
 4610  identified in paragraph (c) by the total amount of state funds
 4611  allocated to each eligible charter school in subsection (2) to
 4612  determine the maximum calculated capital outlay allocation.
 4613         (e) School districts shall distribute capital outlay funds
 4614  to charter schools no later than February 1 of each year, as
 4615  required by this subsection, based on the amount of funds
 4616  received by the district school board, beginning on February 1,
 4617  2018, for the 2017-2018 fiscal year. School districts shall
 4618  distribute any remaining capital outlay funds, as required by
 4619  this subsection, upon the receipt of such funds until the total
 4620  amount calculated pursuant to this subsection is distributed.
 4621  
 4622  By October 1 of each year, each school district shall certify to
 4623  the department the amount of debt service and participation
 4624  requirement that complies with the requirement of paragraph (a)
 4625  and can be reduced from the total discretionary millage revenue.
 4626  The Auditor General shall verify compliance with the
 4627  requirements of paragraph (a) and s. 1011.71(2)(e) during
 4628  scheduled operational audits of school districts.
 4629         (5) If a charter school is nonrenewed or terminated, any
 4630  unencumbered funds and all equipment and property purchased with
 4631  district public funds shall revert to the ownership of the
 4632  district school board, as provided for in s. 1002.33(8)(d) and
 4633  (e) s. 1002.33(8)(e) and (f). In the case of a charter lab
 4634  school, any unencumbered funds and all equipment and property
 4635  purchased with university public funds shall revert to the
 4636  ownership of the state university that issued the charter. The
 4637  reversion of such equipment, property, and furnishings shall
 4638  focus on recoverable assets, but not on intangible or
 4639  irrecoverable costs such as rental or leasing fees, normal
 4640  maintenance, and limited renovations. The reversion of all
 4641  property secured with public funds is subject to the complete
 4642  satisfaction of all lawful liens or encumbrances. If there are
 4643  additional local issues such as the shared use of facilities or
 4644  partial ownership of facilities or property, these issues shall
 4645  be agreed to in the charter contract prior to the expenditure of
 4646  funds.
 4647         Section 44. For the 2018-2019 fiscal year, the sum of $
 4648  $13,750,000 in recurring funds from the General Revenue Fund and
 4649  the sum of $850,000 in nonrecurring funds from the General
 4650  Revenue Fund are appropriated to the Department of Education to
 4651  implement this act, except as provided in this section. Of the
 4652  recurring funds, $9,700,000 shall be used to fund reading
 4653  scholarship accounts pursuant to s. 1002.411, Florida Statutes,
 4654  $300,000 shall be provided as an administrative fee pursuant to
 4655  s. 1002.411(7)(g), Florida Statutes, $2,000,000 shall be used to
 4656  implement the provisions of s. 1002.40(8), Florida Statutes,
 4657  $950,000 shall be used to implement the additional oversight
 4658  requirements pursuant to s. 1002.421, Florida Statutes, $250,000
 4659  shall be used to issue a competitive grant award pursuant to s.
 4660  1002.395(9), Florida Statutes, and $550,000 shall be used for
 4661  instructional materials pursuant to s. 1007.271(13), Florida
 4662  Statutes. Of the nonrecurring funds, and contingent upon HB 1279
 4663  or similar legislation in the 2018 regular session or an
 4664  extension thereof becoming law,, $750,000 shall be used to fund
 4665  the web-based fiscal transparency tool required pursuant to s.
 4666  1010.20(2)(c), Florida Statutes, and $100,000 shall be used to
 4667  implement the provisions of s. 1011.051(2)(b), Florida Statutes,
 4668  as provided in HB 1279.
 4669         Section 45. For the 2017-2018 fiscal year, the sum of
 4670  $150,000 in nonrecurring funds from the General Revenue Fund are
 4671  appropriated to the Department of Revenue to implement the
 4672  creation of s. 212.099, Florida Statutes, by this act.
 4673         Section 46. The amendments made by this act to ss. 220.13,
 4674  220.1875, and 1002.395, Florida Statutes, apply to taxable years
 4675  beginning on or after January 1, 2018.
 4676         Section 47. (1) The Department of Revenue is authorized,
 4677  and all conditions are deemed to be met, to adopt emergency
 4678  rules pursuant to s. 120.54(4), Florida Statutes, for the
 4679  purpose of administering the provisions of this act.
 4680         (2) Notwithstanding any other provision of law, emergency
 4681  rules adopted pursuant to subsection (1) are effective for 6
 4682  months after adoption and may be renewed during the pendency of
 4683  procedures to adopt permanent rules addressing the subject of
 4684  the emergency rules.
 4685         (3) This section shall take effect upon this act becoming a
 4686  law and shall expire January 1, 2022.
 4687         Section 48. Except as otherwise expressly provided in this
 4688  act and except for this section, which shall take effect upon
 4689  this act becoming a law, this act shall take effect July 1,
 4690  2018.
 4691  
 4692  ================= T I T L E  A M E N D M E N T ================
 4693  And the title is amended as follows:
 4694         Delete everything before the enacting clause
 4695  and insert:
 4696                        A bill to be entitled                      
 4697         An act relating to education; creating s. 212.099,
 4698         F.S.; defining terms; authorizing eligible businesses
 4699         to receive a tax credit against specified taxes;
 4700         requiring eligible businesses to apply to the
 4701         Department of Revenue for an allocation; specifying
 4702         uses for eligible contributions; requiring the
 4703         department to adopt rules; amending s. 212.1831, F.S.;
 4704         modifying the calculation of the dealer’s collection
 4705         allowance under s. 212.12 to include certain
 4706         contributions to eligible nonprofit scholarship
 4707         funding organizations; creating s. 212.1832, F.S.;
 4708         authorizing certain persons to receive a tax credit
 4709         for certain contributions to eligible nonprofit
 4710         scholarship-funding organizations for the Hope
 4711         Scholarship Program; providing requirements for motor
 4712         vehicle dealers; requiring the Department of Revenue
 4713         to disregard certain tax credits for specified
 4714         purposes; providing that specified provisions apply to
 4715         certain provisions; amending s. 213.053, F.S.;
 4716         providing definitions; authorizing the Department of
 4717         Revenue to provide a list of certain taxpayers to
 4718         certain nonprofit scholarship-funding organizations;
 4719         amending s. 220.13, F.S.; providing an exception to
 4720         the additions to the calculation of adjusted taxable
 4721         income for corporate income tax purposes; amending s.
 4722         220.1875, F.S.; providing a deadline for an eligible
 4723         contribution to be made to an eligible nonprofit
 4724         scholarship-funding organization; determining
 4725         compliance with the requirement to pay tentative taxes
 4726         under ss. 220.222 and 220.32 for tax credits under s.
 4727         1002.395; amending s. 1001.10, F.S.; revising the
 4728         private schools to which the Department of Education
 4729         is required to provide technical assistance and
 4730         authorized staff; amending s. 1002.33, F.S.; revising
 4731         the criteria for denying high-performing charter
 4732         school system applications; revising the requirements
 4733         for the term of a charter; revising provisions for the
 4734         modification of and the nonrenewal or termination of a
 4735         charter; revising the process for resolving
 4736         contractual disputes; requiring a sponsor to provide
 4737         specified information to the department annually;
 4738         requiring the department to include the information in
 4739         a specified report; amending s. 1002.331, F.S.;
 4740         revising the criteria for designation as a high
 4741         performing charter school; revising the calculation
 4742         used to determine facility capacity for such charter
 4743         schools; revising the number of schools that can be
 4744         established by a high-performing charter school;
 4745         amending s. 1002.333, F.S.; providing for certain
 4746         funds for the Schools of Hope Program to be carried
 4747         forward for a specified number of years; amending s.
 4748         1002.37, F.S.; providing that certain students shall
 4749         be given priority; requiring school districts to
 4750         provide Florida Virtual School students access to
 4751         certain examinations and assessments and certain
 4752         information; amending s. 1002.385, F.S.; revising
 4753         eligible expenditures for the Gardiner Scholarship
 4754         Program; conforming provisions to changes made by the
 4755         act; amending s. 1002.39, F.S.; conforming provisions
 4756         to changes made by the act; amending s. 1002.395,
 4757         F.S.; revising the requirements for an annual report
 4758         of certain student data for the Florida Tax Credit
 4759         Scholarship Program; providing an application deadline
 4760         for certain tax credits related to nonprofit
 4761         scholarship-funding organizations; extending the carry
 4762         forward period for unused tax credits from 5 years to
 4763         10 years; providing applicability of the carried
 4764         forward tax credit for purposes of certain taxes;
 4765         removing the requirement for a taxpayer to apply to
 4766         the department for approval of a carry forward tax
 4767         credit; conforming provisions to changes made by the
 4768         act; creating s. 1002.40, F.S.; establishing the Hope
 4769         Scholarship Program; providing the purpose of the
 4770         program; providing definitions; providing eligibility
 4771         requirements; prohibiting the payment of a scholarship
 4772         under certain circumstances; requiring a school
 4773         principal to investigate a report of physical violence
 4774         or emotional abuse; requiring a school district to
 4775         notify an eligible student’s parent of the program;
 4776         requiring a school district to provide certain
 4777         information relating to the statewide assessment
 4778         program; providing requirements and obligations for
 4779         eligible private schools; providing department
 4780         obligations relating to participating students and
 4781         private schools and program requirements; providing
 4782         parent and student responsibilities for initial and
 4783         continued participation in the program; providing
 4784         eligible nonprofit scholarship-funding organization
 4785         obligations; providing for the calculation of the
 4786         scholarship amount; providing the scholarship amount
 4787         for students transferred to certain public schools;
 4788         requiring verification of specified information before
 4789         a scholarship may be disbursed; providing requirements
 4790         for the scholarship payments; providing funds for
 4791         administrative expenses for certain nonprofit
 4792         scholarship-funding organizations; providing
 4793         requirements for administrative expenses; prohibiting
 4794         an eligible nonprofit scholarship-funding organization
 4795         from charging an application fee; providing Auditor
 4796         General obligations; providing requirements for
 4797         taxpayer elections to contribute to the program;
 4798         requiring the Department of Revenue to adopt forms to
 4799         administer the program; providing reporting
 4800         requirements for eligible nonprofit scholarship
 4801         funding organizations relating to taxpayer
 4802         contributions; providing requirements for certain
 4803         agents of the Department of Revenue and motor vehicle
 4804         dealers; providing penalties; providing for the
 4805         restitution of specified funds under certain
 4806         circumstances; providing that the state is not liable
 4807         for the award or use of program funds; prohibiting
 4808         additional regulations for private schools
 4809         participating in the program beyond those necessary to
 4810         enforce program requirements; requiring the State
 4811         Board of Education and the Department of Revenue to
 4812         adopt rules to administer the program; creating s.
 4813         1002.411, F.S.; establishing reading scholarship
 4814         accounts for specified purposes; providing for
 4815         eligibility for scholarships; providing for
 4816         administration; providing duties of the Department of
 4817         Education; providing school district obligations;
 4818         specifying options for parents; providing that maximum
 4819         funding shall be specified in the General
 4820         Appropriations Act; providing for payment of funds;
 4821         specifying that no state liability arises from the
 4822         award or use of such an account; amending s. 1002.421,
 4823         F.S.; providing private school requirements for
 4824         participation in educational scholarship programs;
 4825         providing background screening requirements and
 4826         procedures for owners of private schools; providing
 4827         that a private school is ineligible to participate in
 4828         an educational scholarship program under certain
 4829         circumstances; providing department obligations
 4830         relating to educational scholarship programs;
 4831         providing commissioner authority and responsibilities
 4832         for educational scholarship programs; authorizing the
 4833         commissioner to deny, suspend, or revoke a private
 4834         school’s participation in an educational scholarship
 4835         program; amending s. 1002.55, F.S.; authorizing an
 4836         early learning coalition to refuse to contract with
 4837         certain private prekindergarten providers; amending s.
 4838         1002.75, F.S.; authorizing an early learning coalition
 4839         to refuse to contract with or revoke the eligibility
 4840         of certain Voluntary Prekindergarten Education Program
 4841         providers; amending s. 1002.88, F.S.; authorizing an
 4842         early learning coalition to refuse to contract with or
 4843         revoke the eligibility of certain school readiness
 4844         program providers; amending s. 1003.44, F.S.;
 4845         requiring each district school board to adopt rules
 4846         for the display of the official state motto in
 4847         specified places; amending s. 1003.453, F.S.; revising
 4848         school wellness policies; providing requirements for
 4849         instruction in the use of cardiopulmonary
 4850         resuscitation; amending s. 1003.576, F.S.; requiring a
 4851         specified IEP system to be used statewide; deleting an
 4852         obsolete date; amending s. 1006.061, F.S.; revising
 4853         the applicability of certain child abuse, abandonment,
 4854         and neglect provisions; amending s. 1007.271, F.S.;
 4855         deleting a requirement for a home education student to
 4856         provide his or her own instructional materials;
 4857         revising the requirements for home education and
 4858         private school articulation agreements; amending s.
 4859         1008.22, F.S.; requiring certain portions of the
 4860         English Language Arts assessments to include social
 4861         studies content; revising the format requirements for
 4862         certain statewide assessments; requiring published
 4863         assessment items to be in a format that meets certain
 4864         criteria; amending s. 1011.62, F.S.; renaming the
 4865         “supplemental academic instruction categorical fund”
 4866         as the “supplemental academic instruction allocation”;
 4867         requiring certain school districts to use the
 4868         allocation for specified purposes; deleting an
 4869         obsolete date; deleting a provision authorizing the
 4870         Florida State University School to expend specified
 4871         funds for certain purposes; prohibiting the award of
 4872         certain bonuses to teachers who fail to maintain the
 4873         security of certain examinations or violate certain
 4874         protocols; authorizing the state board to adopt rules
 4875         for specified purposes; conforming provisions to
 4876         changes made by the act; revising the research-based
 4877         reading instruction allocation; revising the criteria
 4878         for establishing the 300 lowest-performing elementary
 4879         schools; providing requirements for staffing summer
 4880         reading camps funded through the allocation; requiring
 4881         school districts that meet specified criteria, rather
 4882         than all school districts, to submit a comprehensive
 4883         reading plan for specified purposes; deleting
 4884         provisions for the release or withholding of funds
 4885         based on a school district’s comprehensive reading
 4886         plan; revising a definition; requiring K-12
 4887         comprehensive reading plans to provide for intensive
 4888         reading interventions that are delivered by teachers
 4889         who meet certain criteria beginning with a specified
 4890         school year; providing requirements for such
 4891         interventions; amending s. 1011.6202, F.S.; renaming
 4892         the “Principal Autonomy Pilot Program” as the
 4893         “Principal Autonomy Program”; providing that any
 4894         school district may apply to participate in the
 4895         program; providing that a school shall retain its
 4896         exemption from specified laws under specified
 4897         circumstances; requiring a designated leadership team
 4898         at a participating school to complete a certain
 4899         turnaround program; deleting a provision providing a
 4900         specified amount of funds to a participating school
 4901         district that completes the turnaround program;
 4902         providing requirements for such schools; providing for
 4903         such schools to participate in the program; providing
 4904         requirements for such participation; specifying that
 4905         no school district liability arises from the
 4906         management of such schools; deleting a school’s
 4907         authority to renew participation in the program;
 4908         deleting reporting requirements; providing for
 4909         funding; revising the principal eligibility criteria
 4910         for a salary supplement through the program; amending
 4911         s. 1011.69, F.S.; authorizing certain high schools to
 4912         receive Title I funds; providing that a school
 4913         district may withhold Title I funds for specified
 4914         purposes; authorizing certain schools to use Title I
 4915         funds for specified purposes; providing an exception
 4916         for specified funds; amending s. 1011.71, F.S.;
 4917         prohibiting a school district from withholding charter
 4918         school administrative fees under certain
 4919         circumstances; amending s. 1012.2315, F.S.; requiring
 4920         certain employee organizations to include specified
 4921         information in a specified application and to petition
 4922         for recertification for specified purposes; amending
 4923         s. 1012.28, F.S.; conforming provisions to changes
 4924         made by the act; amending s. 1012.315, F.S.; revising
 4925         the applicability of certain provisions related to
 4926         disqualification from employment for the conviction of
 4927         specified offenses; amending s. 1012.32, F.S.;
 4928         requiring a district school board to reimburse certain
 4929         costs if it fails to notify a charter school of the
 4930         eligibility status of certain persons; amending s.
 4931         1012.562, F.S.; authorizing charter schools and
 4932         charter management organizations to offer school
 4933         leader preparation programs; amending s. 1012.586,
 4934         F.S.; requiring the Department of Education to
 4935         consider the award of endorsements for a teaching
 4936         certificate to individuals who hold specified
 4937         certifications or who complete specified programs that
 4938         meet certain criteria in a specified review; amending
 4939         s. 1012.796, F.S.; revising the applicability of a
 4940         requirement that certain private schools file
 4941         specified reports with the department for certain
 4942         allegations against its employees; amending s.
 4943         1012.98, F.S.; requiring professional development
 4944         resources to include sample course-at-a-glance and
 4945         unit overview templates; providing requirements for
 4946         such templates; amending s. 1013.28, F.S.; requiring
 4947         school districts to provide charter schools access to
 4948         certain property on the same basis as public schools;
 4949         prohibiting certain actions by a charter school
 4950         without the written permission of the school district;
 4951         amending s. 1013.31, F.S.; authorizing a district to
 4952         use certain sources of funds for educational,
 4953         auxiliary, and ancillary plant capital outlay purposes
 4954         without needing a survey recommendation; amending s.
 4955         1013.385, F.S.; providing additional exceptions to
 4956         certain building code regulations for school
 4957         districts; amending s. 1013.62, F.S.; revising
 4958         requirements for charter school capital outlay
 4959         funding; requiring each district to certify certain
 4960         information to the department by October 1 each year;
 4961         conforming provisions to changes made by the act;
 4962         providing appropriations; providing retroactive
 4963         applicability; authorizing the Department of Revenue
 4964         to adopt emergency rules for specified purposes;
 4965         providing an effective date.