Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for HB 7055
       
       
       
       
       
       
                                Ì831300YÎ831300                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 3/AE/2R         .                                
             03/02/2018 08:53 PM       .                                
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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. Paragraph (b) of subsection (13) of section
    6  121.091, Florida Statutes, is amended to read:
    7         121.091 Benefits payable under the system.—Benefits may not
    8  be paid under this section unless the member has terminated
    9  employment as provided in s. 121.021(39)(a) or begun
   10  participation in the Deferred Retirement Option Program as
   11  provided in subsection (13), and a proper application has been
   12  filed in the manner prescribed by the department. The department
   13  may cancel an application for retirement benefits when the
   14  member or beneficiary fails to timely provide the information
   15  and documents required by this chapter and the department’s
   16  rules. The department shall adopt rules establishing procedures
   17  for application for retirement benefits and for the cancellation
   18  of such application when the required information or documents
   19  are not received.
   20         (13) DEFERRED RETIREMENT OPTION PROGRAM.—In general, and
   21  subject to this section, the Deferred Retirement Option Program,
   22  hereinafter referred to as DROP, is a program under which an
   23  eligible member of the Florida Retirement System may elect to
   24  participate, deferring receipt of retirement benefits while
   25  continuing employment with his or her Florida Retirement System
   26  employer. The deferred monthly benefits shall accrue in the
   27  Florida Retirement System on behalf of the member, plus interest
   28  compounded monthly, for the specified period of the DROP
   29  participation, as provided in paragraph (c). Upon termination of
   30  employment, the member shall receive the total DROP benefits and
   31  begin to receive the previously determined normal retirement
   32  benefits. Participation in the DROP does not guarantee
   33  employment for the specified period of DROP. Participation in
   34  DROP by an eligible member beyond the initial 60-month period as
   35  authorized in this subsection shall be on an annual contractual
   36  basis for all participants.
   37         (b) Participation in DROP.—Except as provided in this
   38  paragraph, an eligible member may elect to participate in DROP
   39  for a period not to exceed a maximum of 60 calendar months.
   40         1.a. An eligible member may elect to participate in DROP
   41  for a period not to exceed a maximum of 60 calendar months.
   42  However, members who are instructional personnel employed by the
   43  Florida School for the Deaf and the Blind and authorized by the
   44  Board of Trustees of the Florida School for the Deaf and the
   45  Blind, who are instructional personnel as defined in s.
   46  1012.01(2)(a)-(d) in grades K-12 and authorized by the district
   47  school superintendent, or who are instructional personnel as
   48  defined in s. 1012.01(2)(a) employed by a developmental research
   49  school and authorized by the school’s director, or if the school
   50  has no director, by the school’s principal, may participate in
   51  DROP for up to 36 calendar months beyond the 60-month period.
   52  Effective July 1, 2018, instructional personnel who are
   53  authorized to extend DROP participation beyond the 60-month
   54  period must have a termination date that is the last day of the
   55  last calendar month of the school year within the DROP extension
   56  granted by the employer. If, on July 1, 2018, the member’s DROP
   57  participation has already been extended for the maximum 36
   58  calendar months and the extension period concludes before the
   59  end of the school year, the member’s DROP participation may be
   60  extended through the last day of the last calendar month of that
   61  school year. The employer shall notify the division of the
   62  change in termination date and the additional period of DROP
   63  participation for the affected instructional personnel.
   64         b. Administrative personnel in grades K-12, as defined in
   65  s. 1012.01(3), who have a DROP termination date on or after July
   66  1, 2018, may be authorized to extend DROP participation beyond
   67  the initial 60 calendar month period if the administrative
   68  personnel’s termination date is before the end of the school
   69  year. Such administrative personnel may have DROP participation
   70  extended until the last day of the last calendar month of the
   71  school year in which their original DROP termination date
   72  occurred if a date other than the last day of the last calendar
   73  month of the school year is designated. The employer shall
   74  notify the division of the change in termination date and the
   75  additional period of DROP participation for the affected
   76  administrative personnel.
   77         2. Upon deciding to participate in DROP, the member shall
   78  submit, on forms required by the division:
   79         a. A written election to participate in DROP;
   80         b. Selection of DROP participation and termination dates
   81  that satisfy the limitations stated in paragraph (a) and
   82  subparagraph 1. The termination date must be in a binding letter
   83  of resignation to the employer establishing a deferred
   84  termination date. The member may change the termination date
   85  within the limitations of subparagraph 1., but only with the
   86  written approval of the employer;
   87         c. A properly completed DROP application for service
   88  retirement as provided in this section; and
   89         d. Any other information required by the division.
   90         3. The DROP participant is a retiree under the Florida
   91  Retirement System for all purposes, except for paragraph (5)(f)
   92  and subsection (9) and ss. 112.3173, 112.363, 121.053, and
   93  121.122. DROP participation is final and may not be canceled by
   94  the participant after the first payment is credited during the
   95  DROP participation period. However, participation in DROP does
   96  not alter the participant’s employment status, and the member is
   97  not deemed retired from employment until his or her deferred
   98  resignation is effective and termination occurs as defined in s.
   99  121.021.
  100         4. Elected officers are eligible to participate in DROP
  101  subject to the following:
  102         a. An elected officer who reaches normal retirement date
  103  during a term of office may defer the election to participate
  104  until the next succeeding term in that office. An elected
  105  officer who exercises this option may participate in DROP for up
  106  to 60 calendar months or no longer than the succeeding term of
  107  office, whichever is less.
  108         b. An elected or a nonelected participant may run for a
  109  term of office while participating in DROP and, if elected,
  110  extend the DROP termination date accordingly; however, if such
  111  additional term of office exceeds the 60-month limitation
  112  established in subparagraph 1., and the officer does not resign
  113  from office within such 60-month limitation, the retirement and
  114  the participant’s DROP is null and void as provided in sub
  115  subparagraph (c)5.d.
  116         c. An elected officer who is dually employed and elects to
  117  participate in DROP must terminate all employment relationships
  118  as provided in s. 121.021(39) for the nonelected position within
  119  the original 60-month period or maximum participation period as
  120  provided in subparagraph 1. For DROP participation ending:
  121         (I) Before July 1, 2010, the officer may continue
  122  employment as an elected officer as provided in s. 121.053. The
  123  elected officer shall be enrolled as a renewed member in the
  124  Elected Officers’ Class or the Regular Class, as provided in ss.
  125  121.053 and 121.122, on the first day of the month after
  126  termination of employment in the nonelected position and
  127  termination of DROP. Distribution of the DROP benefits shall be
  128  made as provided in paragraph (c).
  129         (II) On or after July 1, 2010, the officer may continue
  130  employment as an elected officer but must defer termination as
  131  provided in s. 121.053.
  132         Section 2. The Legislature finds that a proper and
  133  legitimate state purpose is served when employees and retirees
  134  of the state and its political subdivisions, and the dependents,
  135  survivors, and beneficiaries of such employees and retirees, are
  136  extended the basic protections afforded by governmental
  137  retirement systems. These persons must be provided benefits that
  138  are fair and adequate and that are managed, administered, and
  139  funded in an actuarially sound manner, as required by s. 14,
  140  Article X of the State Constitution and part VII of chapter 112,
  141  Florida Statutes. Therefore, the Legislature determines and
  142  declares that the amendments made to s. 121.091, Florida
  143  Statutes, by this act fulfills an important state interest.
  144         Section 3. Section 212.099, Florida Statutes, is created to
  145  read:
  146         212.099 Florida Sales Tax Credit Scholarship Program.—
  147         (1) As used in this section, the term:
  148         (a) “Eligible business” means a tenant or person actually
  149  occupying, using, or entitled to the use of any property from
  150  which the rental or license fee is subject to taxation under s.
  151  212.031.
  152         (b) “Eligible contribution” or “contribution” means a
  153  monetary contribution from an eligible business to an eligible
  154  nonprofit scholarship-funding organization to be used pursuant
  155  to s. 1002.385 or s. 1002.395. The eligible business making the
  156  contribution may not designate a specific student as the
  157  beneficiary of the contribution.
  158         (c) “Eligible nonprofit scholarship-funding organization”
  159  or “organization” has the same meaning as provided in s.
  160  1002.395(2)(f).
  161         (2) An eligible business shall be granted a credit against
  162  the tax imposed under s. 212.031 and collected from the eligible
  163  business by a dealer. The credit shall be in an amount equal to
  164  100 percent of an eligible contribution made to an organization.
  165         (3) A dealer shall take a credit against the tax imposed
  166  under s. 212.031 in an amount equal to the credit taken by the
  167  eligible business under subsection (2).
  168         (4)(a) An eligible business must apply to the department
  169  for an allocation of tax credits under this section. The
  170  eligible business must specify in the application the state
  171  fiscal year during which the contribution will be made, the
  172  organization that will receive the contribution, the planned
  173  amount of the contribution, the address of the property from
  174  which the rental or license fee is subject to taxation under s.
  175  212.031, and the federal employer identification number of the
  176  dealer who collects the tax imposed under s. 212.031 from the
  177  eligible business and who will reduce collection of taxes from
  178  the eligible business pursuant to this section. The department
  179  shall approve allocations of tax credits on a first-come, first
  180  served basis and shall provide to the eligible business a
  181  separate approval or denial letter for each dealer for which the
  182  eligible business applied for an allocation of tax credits.
  183  Within 10 days after approving or denying an application, the
  184  department shall provide a copy of its approval or denial letter
  185  to the organization specified by the eligible business in the
  186  application. An approval letter must include the name and
  187  federal employer identification number of the dealer from whom a
  188  credit under this section can be taken and the amount of tax
  189  credits approved for use with that dealer.
  190         (b) Upon receipt of an eligible contribution, the
  191  organization shall provide the eligible business that made the
  192  contribution with a separate certificate of contribution for
  193  each dealer from whom a credit can be taken as approved under
  194  paragraph (a). A certificate of contribution must include the
  195  contributor’s name and, if available, federal employer
  196  identification number, the amount contributed, the date of
  197  contribution, the name of the organization, and the name and
  198  federal employer identification number of the dealer.
  199         (5) Each dealer that receives from an eligible business a
  200  copy of the department’s approval letter and a certificate of
  201  contribution, both of which identify the dealer as the dealer
  202  who collects the tax imposed under s. 212.031 from the eligible
  203  business and who will reduce collection of taxes from the
  204  eligible business pursuant to this section, shall reduce the tax
  205  collected from the eligible business under s. 212.031 by the
  206  total amount of contributions indicated in the certificate of
  207  contribution. The reduction may not exceed the amount of credit
  208  allocation approved by the department and may not exceed the
  209  amount of tax that would otherwise be collected from the
  210  eligible business by a dealer when a payment is made under the
  211  rental or license fee arrangement. However, payments by an
  212  eligible business to a dealer may not be reduced before October
  213  1, 2018.
  214         (a) If the total amount of credits an eligible business may
  215  take cannot be fully used within any period that a payment is
  216  due under the rental or license fee arrangement because of an
  217  insufficient amount of tax that the dealer would collect from
  218  the eligible business during that period, the unused amount may
  219  be carried forward for a period not to exceed 10 years.
  220         (b) A tax credit may not be claimed on an amended return or
  221  through a refund.
  222         (c) A dealer that claims a tax credit must file returns and
  223  pay taxes by electronic means under s. 213.755.
  224         (d) An eligible business may not convey, assign, or
  225  transfer an approved tax credit or a carryforward tax credit to
  226  another entity unless all of the assets of the eligible business
  227  are conveyed, assigned, or transferred in the same transaction
  228  and the successor business continues the same lease with the
  229  dealer.
  230         (e) Within any state fiscal year, an eligible business may
  231  rescind all or part of a tax credit approved under this section.
  232  The amount rescinded shall become available for that state
  233  fiscal year to another eligible business as approved by the
  234  department if the business receives notice from the department
  235  that the rescindment has been accepted by the department. Any
  236  amount rescinded under this subsection shall become available to
  237  an eligible business on a first-come, first-served basis based
  238  on tax credit applications received after the date the
  239  rescindment is accepted by the department.
  240         (f) Within 10 days after the rescindment of a tax credit
  241  under paragraph (e) of this subsection is accepted by the
  242  department, the department shall notify the eligible nonprofit
  243  scholarship-funding organization specified by the eligible
  244  business. The department shall also include the eligible
  245  nonprofit scholarship-funding organization specified by the
  246  eligible business on all letters or correspondence of
  247  acknowledgment for tax credits under this section.
  248         (6) An organization shall report to the department, on or
  249  before the 20th day of each month, the total amount of
  250  contributions received pursuant to subsection (4) in the
  251  preceding calendar month on a form provided by the department.
  252  Such report shall include the amount of contributions received
  253  during that reporting period and the federal employer
  254  identification number of each dealer associated with the
  255  contribution.
  256         (7)(a) Eligible contributions may be used to fund the
  257  program established under s. 1002.385 if funds appropriated in a
  258  state fiscal year for the program are insufficient to fund
  259  eligible students.
  260         (b) If the conditions in paragraph (a) are met, the
  261  organization shall first use eligible contributions received
  262  during a state fiscal year to fund scholarships for students in
  263  the priority set forth in s. 1002.385(12)(d). Remaining
  264  contributions may be used to fund scholarships for students
  265  eligible pursuant to s. 1002.395(3)(b)1. or 2.
  266         (c) The organization shall separately account for each
  267  scholarship funded pursuant to this section.
  268         (d) Notwithstanding s. 1002.385(6)(b), any funds remaining
  269  from a closed scholarship account funded pursuant to this
  270  section shall be used to fund other scholarships pursuant to s.
  271  1002.385.
  272         (e) The organization may, subject to the limitations of s.
  273  1002.395(6)(j)1., use up to 3 percent of eligible contributions
  274  received during the state fiscal year in which such
  275  contributions are collected for administrative expenses.
  276         (8) The sum of tax credits that may be approved by the
  277  department in any state fiscal year is $_57.5 million.
  278         (9) For purposes of the distributions of tax revenue under
  279  s. 212.20, the department shall disregard any tax credits
  280  allowed under this section to ensure that any reduction in tax
  281  revenue received that is attributable to the tax credits results
  282  only in a reduction in distributions to the General Revenue
  283  Fund.
  284         (10) The department may adopt rules to administer this
  285  section.
  286         Section 4. Section 212.1831, Florida Statutes, is amended
  287  to read:
  288         212.1831 Credit for contributions to eligible nonprofit
  289  scholarship-funding organizations.—There is allowed a credit of
  290  100 percent of an eligible contribution made to an eligible
  291  nonprofit scholarship-funding organization under s. 1002.395
  292  against any tax imposed by the state and due under this chapter
  293  from a direct pay permit holder as a result of the direct pay
  294  permit held pursuant to s. 212.183. For purposes of the dealer’s
  295  credit granted for keeping prescribed records, filing timely tax
  296  returns, and properly accounting and remitting taxes under s.
  297  212.12, the amount of tax due used to calculate the credit shall
  298  include any eligible contribution made to an eligible nonprofit
  299  scholarship-funding organization from a direct pay permit
  300  holder. For purposes of the distributions of tax revenue under
  301  s. 212.20, the department shall disregard any tax credits
  302  allowed under this section to ensure that any reduction in tax
  303  revenue received that is attributable to the tax credits results
  304  only in a reduction in distributions to the General Revenue
  305  Fund. The provisions of s. 1002.395 apply to the credit
  306  authorized by this section.
  307         Section 5. Effective upon this act becoming a law, section
  308  212.1832, Florida Statutes, is created to read:
  309         212.1832 Credit for contributions to the Hope Scholarship
  310  Program.—
  311         (1) The purchaser of a motor vehicle shall be granted a
  312  credit of 100 percent of an eligible contribution made to an
  313  eligible nonprofit scholarship-funding organization under s.
  314  1002.40 against any tax imposed by the state under this chapter
  315  and collected from the purchaser by a dealer, designated agent,
  316  or private tag agent as a result of the purchase or acquisition
  317  of a motor vehicle on or after October 1, 2018, except that a
  318  credit may not exceed the tax that would otherwise be collected
  319  from the purchaser by a dealer, designated agent, or private tag
  320  agent. For purposes of this subsection, the term “purchase” does
  321  not include the lease or rental of a motor vehicle.
  322         (2) A dealer shall take a credit against any tax imposed by
  323  the state under this chapter on the purchase of a motor vehicle
  324  in an amount equal to the credit granted to the purchaser under
  325  subsection (1).
  326         (3) For purposes of the distributions of tax revenue under
  327  s. 212.20, the department shall disregard any tax credits
  328  allowed under this section to ensure that any reduction in tax
  329  revenue received that is attributable to the tax credits results
  330  only in a reduction in distributions to the General Revenue
  331  Fund. The provisions of s. 1002.40 apply to the credit
  332  authorized by this section.
  333         Section 6. Effective upon this act becoming a law,
  334  subsection (21) is added to section 213.053, Florida Statutes,
  335  to read:
  336         213.053 Confidentiality and information sharing.—
  337         (21)(a) For purposes of this subsection, the term:
  338         1. “Eligible nonprofit scholarship-funding organization”
  339  means an eligible nonprofit scholarship-funding organization as
  340  defined in s. 1002.395(2) that meets the criteria in s.
  341  1002.395(6) to use up to 3 percent of eligible contributions for
  342  administrative expenses.
  343         2. “Taxpayer” has the same meaning as in s. 220.03, unless
  344  disclosure of the taxpayer’s name and address would violate any
  345  term of an information-sharing agreement between the department
  346  and an agency of the Federal Government.
  347         (b) The department, upon request, shall provide to an
  348  eligible nonprofit scholarship-funding organization that
  349  provides scholarships under s. 1002.395 a list of the 200
  350  taxpayers with the greatest total corporate income or franchise
  351  tax due as reported on the taxpayer’s return filed pursuant to
  352  s. 220.22 during the previous calendar year. The list must be in
  353  alphabetical order based on the taxpayer’s name and shall
  354  contain the taxpayer’s address. The list may not disclose the
  355  amount of tax owed by any taxpayer.
  356         (c) An eligible nonprofit scholarship-funding organization
  357  may request the list once each calendar year. The department
  358  shall provide the list within 45 days after the request is made.
  359         (d) Any taxpayer information contained in the list may be
  360  used by the eligible nonprofit scholarship-funding organization
  361  only to notify the taxpayer of the opportunity to make an
  362  eligible contribution to the Florida Tax Credit Scholarship
  363  Program under s. 1002.395. Any information furnished to an
  364  eligible nonprofit scholarship-funding organization under this
  365  subsection may not be further disclosed by the organization
  366  except as provided in this paragraph.
  367         (e) An eligible nonprofit scholarship-funding organization,
  368  its officers, and employees are subject to the same requirements
  369  of confidentiality and the same penalties for violating
  370  confidentiality as the department and its employees. Breach of
  371  confidentiality is a misdemeanor of the first degree, punishable
  372  as provided by s. 775.082 or s. 775.083.
  373         Section 7. Subsection (22) is added to section 213.053,
  374  Florida Statutes, as amended by this act, to read:
  375         213.053 Confidentiality and information sharing.—
  376         (22)(a) The department may provide to an eligible nonprofit
  377  scholarship-funding organization, as defined in s. 1002.40, a
  378  dealer’s name, address, federal employer identification number,
  379  and information related to differences between credits taken by
  380  the dealer pursuant to s. 212.1832(2) and amounts remitted to
  381  the eligible nonprofit scholarship-funding organization under s.
  382  1002.40(13)(b)3. The eligible nonprofit scholarship-funding
  383  organization may use the information for purposes of recovering
  384  eligible contributions designated for that organization that
  385  were collected by the dealer but never remitted to the
  386  organization.
  387         (b) Nothing in this subsection authorizes the disclosure of
  388  information if such disclosure is prohibited by federal law. An
  389  eligible nonprofit scholarship-funding organization is bound by
  390  the same requirements of confidentiality and the same penalties
  391  for a violation of the requirements as the department.
  392         Section 8. Paragraph (a) of subsection (1) of section
  393  220.13, Florida Statutes, is amended to read:
  394         220.13 “Adjusted federal income” defined.—
  395         (1) The term “adjusted federal income” means an amount
  396  equal to the taxpayer’s taxable income as defined in subsection
  397  (2), or such taxable income of more than one taxpayer as
  398  provided in s. 220.131, for the taxable year, adjusted as
  399  follows:
  400         (a) Additions.—There shall be added to such taxable income:
  401         1.a. The amount of any tax upon or measured by income,
  402  excluding taxes based on gross receipts or revenues, paid or
  403  accrued as a liability to the District of Columbia or any state
  404  of the United States which is deductible from gross income in
  405  the computation of taxable income for the taxable year.
  406         b. Notwithstanding sub-subparagraph a., if a credit taken
  407  under s. 220.1875 is added to taxable income in a previous
  408  taxable year under subparagraph 11. and is taken as a deduction
  409  for federal tax purposes in the current taxable year, the amount
  410  of the deduction allowed shall not be added to taxable income in
  411  the current year. The exception in this sub-subparagraph is
  412  intended to ensure that the credit under s. 220.1875 is added in
  413  the applicable taxable year and does not result in a duplicate
  414  addition in a subsequent year.
  415         2. The amount of interest which is excluded from taxable
  416  income under s. 103(a) of the Internal Revenue Code or any other
  417  federal law, less the associated expenses disallowed in the
  418  computation of taxable income under s. 265 of the Internal
  419  Revenue Code or any other law, excluding 60 percent of any
  420  amounts included in alternative minimum taxable income, as
  421  defined in s. 55(b)(2) of the Internal Revenue Code, if the
  422  taxpayer pays tax under s. 220.11(3).
  423         3. In the case of a regulated investment company or real
  424  estate investment trust, an amount equal to the excess of the
  425  net long-term capital gain for the taxable year over the amount
  426  of the capital gain dividends attributable to the taxable year.
  427         4. That portion of the wages or salaries paid or incurred
  428  for the taxable year which is equal to the amount of the credit
  429  allowable for the taxable year under s. 220.181. This
  430  subparagraph shall expire on the date specified in s. 290.016
  431  for the expiration of the Florida Enterprise Zone Act.
  432         5. That portion of the ad valorem school taxes paid or
  433  incurred for the taxable year which is equal to the amount of
  434  the credit allowable for the taxable year under s. 220.182. This
  435  subparagraph shall expire on the date specified in s. 290.016
  436  for the expiration of the Florida Enterprise Zone Act.
  437         6. The amount taken as a credit under s. 220.195 which is
  438  deductible from gross income in the computation of taxable
  439  income for the taxable year.
  440         7. That portion of assessments to fund a guaranty
  441  association incurred for the taxable year which is equal to the
  442  amount of the credit allowable for the taxable year.
  443         8. In the case of a nonprofit corporation which holds a
  444  pari-mutuel permit and which is exempt from federal income tax
  445  as a farmers’ cooperative, an amount equal to the excess of the
  446  gross income attributable to the pari-mutuel operations over the
  447  attributable expenses for the taxable year.
  448         9. The amount taken as a credit for the taxable year under
  449  s. 220.1895.
  450         10. Up to nine percent of the eligible basis of any
  451  designated project which is equal to the credit allowable for
  452  the taxable year under s. 220.185.
  453         11. The amount taken as a credit for the taxable year under
  454  s. 220.1875. The addition in this subparagraph is intended to
  455  ensure that the same amount is not allowed for the tax purposes
  456  of this state as both a deduction from income and a credit
  457  against the tax. This addition is not intended to result in
  458  adding the same expense back to income more than once.
  459         12. The amount taken as a credit for the taxable year under
  460  s. 220.192.
  461         13. The amount taken as a credit for the taxable year under
  462  s. 220.193.
  463         14. Any portion of a qualified investment, as defined in s.
  464  288.9913, which is claimed as a deduction by the taxpayer and
  465  taken as a credit against income tax pursuant to s. 288.9916.
  466         15. The costs to acquire a tax credit pursuant to s.
  467  288.1254(5) that are deducted from or otherwise reduce federal
  468  taxable income for the taxable year.
  469         16. The amount taken as a credit for the taxable year
  470  pursuant to s. 220.194.
  471         17. The amount taken as a credit for the taxable year under
  472  s. 220.196. The addition in this subparagraph is intended to
  473  ensure that the same amount is not allowed for the tax purposes
  474  of this state as both a deduction from income and a credit
  475  against the tax. The addition is not intended to result in
  476  adding the same expense back to income more than once.
  477         Section 9. Subsection (1) of section 220.1875, Florida
  478  Statutes, is amended, and subsection (4) is added to that
  479  section, to read:
  480         220.1875 Credit for contributions to eligible nonprofit
  481  scholarship-funding organizations.—
  482         (1) There is allowed a credit of 100 percent of an eligible
  483  contribution made to an eligible nonprofit scholarship-funding
  484  organization under s. 1002.395 against any tax due for a taxable
  485  year under this chapter after the application of any other
  486  allowable credits by the taxpayer. An eligible contribution must
  487  be made to an eligible nonprofit scholarship-funding
  488  organization on or before the date the taxpayer is required to
  489  file a return pursuant to s. 220.222. The credit granted by this
  490  section shall be reduced by the difference between the amount of
  491  federal corporate income tax taking into account the credit
  492  granted by this section and the amount of federal corporate
  493  income tax without application of the credit granted by this
  494  section.
  495         (4) If a taxpayer applies and is approved for a credit
  496  under s. 1002.395 after timely requesting an extension to file
  497  under s. 220.222(2):
  498         (a) The credit does not reduce the amount of tax due for
  499  purposes of the department’s determination as to whether the
  500  taxpayer was in compliance with the requirement to pay tentative
  501  taxes under ss. 220.222 and 220.32.
  502         (b) The taxpayer’s noncompliance with the requirement to
  503  pay tentative taxes shall result in the revocation and
  504  rescindment of any such credit.
  505         (c) The taxpayer shall be assessed for any taxes,
  506  penalties, or interest due from the taxpayer’s noncompliance
  507  with the requirement to pay tentative taxes.
  508         Section 10. Subsections (4) and (5) of section 1001.10,
  509  Florida Statutes, are amended, and subsection (8) is added to
  510  that section, to read:
  511         1001.10 Commissioner of Education; general powers and
  512  duties.—
  513         (4) The Department of Education shall provide technical
  514  assistance to school districts, charter schools, the Florida
  515  School for the Deaf and the Blind, and private schools that
  516  accept scholarship students who participate in a state
  517  scholarship program under chapter 1002 under s. 1002.39 or s.
  518  1002.395 in the development of policies, procedures, and
  519  training related to employment practices and standards of
  520  ethical conduct for instructional personnel and school
  521  administrators, as defined in s. 1012.01.
  522         (5) The Department of Education shall provide authorized
  523  staff of school districts, charter schools, the Florida School
  524  for the Deaf and the Blind, and private schools that accept
  525  scholarship students who participate in a state scholarship
  526  program under chapter 1002 under s. 1002.39 or s. 1002.395 with
  527  access to electronic verification of information from the
  528  following employment screening tools:
  529         (a) The Professional Practices’ Database of Disciplinary
  530  Actions Against Educators; and
  531         (b) The Department of Education’s Teacher Certification
  532  Database.
  533  
  534  This subsection does not require the department to provide these
  535  staff with unlimited access to the databases. However, the
  536  department shall provide the staff with access to the data
  537  necessary for performing employment history checks of the
  538  instructional personnel and school administrators included in
  539  the databases.
  540         (8) In the event of an emergency situation, the
  541  commissioner may coordinate through the most appropriate means
  542  of communication with local school districts, Florida College
  543  System institutions, and satellite offices of the Division of
  544  Blind Services and the Division of Vocational Rehabilitation to
  545  assess the need for resources and assistance to enable each
  546  school, institution, or satellite office the ability to reopen
  547  as soon as possible after considering the health, safety, and
  548  welfare of students and clients.
  549         Section 11. Paragraphs (d) through (g) of subsection (8) of
  550  section 1002.33, Florida Statutes, are redesignated as
  551  paragraphs (c) through (f), respectively, and paragraph (b) of
  552  subsection (6), paragraphs (a), (d), and (e) of subsection (7),
  553  present paragraphs (a), (b), and (c) of subsection (8),
  554  paragraph (n) of subsection (9), paragraph (e) of subsection
  555  (10), and paragraphs (a) and (b) of subsection (20) of that
  556  section are amended, to read:
  557         1002.33 Charter schools.—
  558         (6) APPLICATION PROCESS AND REVIEW.—Charter school
  559  applications are subject to the following requirements:
  560         (b) A sponsor shall receive and review all applications for
  561  a charter school using the evaluation instrument developed by
  562  the Department of Education. A sponsor shall receive and
  563  consider charter school applications received on or before
  564  August 1 of each calendar year for charter schools to be opened
  565  at the beginning of the school district’s next school year, or
  566  to be opened at a time agreed to by the applicant and the
  567  sponsor. A sponsor may not refuse to receive a charter school
  568  application submitted before August 1 and may receive an
  569  application submitted later than August 1 if it chooses.
  570  Beginning in 2018 and thereafter, a sponsor shall receive and
  571  consider charter school applications received on or before
  572  February 1 of each calendar year for charter schools to be
  573  opened 18 months later at the beginning of the school district’s
  574  school year, or to be opened at a time determined agreed to by
  575  the applicant and the sponsor. A sponsor may not refuse to
  576  receive a charter school application submitted before February 1
  577  and may receive an application submitted later than February 1
  578  if it chooses. A sponsor may not charge an applicant for a
  579  charter any fee for the processing or consideration of an
  580  application, and a sponsor may not base its consideration or
  581  approval of a final application upon the promise of future
  582  payment of any kind. Before approving or denying any
  583  application, the sponsor shall allow the applicant, upon receipt
  584  of written notification, at least 7 calendar days to make
  585  technical or nonsubstantive corrections and clarifications,
  586  including, but not limited to, corrections of grammatical,
  587  typographical, and like errors or missing signatures, if such
  588  errors are identified by the sponsor as cause to deny the final
  589  application.
  590         1. In order to facilitate an accurate budget projection
  591  process, a sponsor shall be held harmless for FTE students who
  592  are not included in the FTE projection due to approval of
  593  charter school applications after the FTE projection deadline.
  594  In a further effort to facilitate an accurate budget projection,
  595  within 15 calendar days after receipt of a charter school
  596  application, a sponsor shall report to the Department of
  597  Education the name of the applicant entity, the proposed charter
  598  school location, and its projected FTE.
  599         2. In order to ensure fiscal responsibility, an application
  600  for a charter school shall include a full accounting of expected
  601  assets, a projection of expected sources and amounts of income,
  602  including income derived from projected student enrollments and
  603  from community support, and an expense projection that includes
  604  full accounting of the costs of operation, including start-up
  605  costs.
  606         3.a. A sponsor shall by a majority vote approve or deny an
  607  application no later than 90 calendar days after the application
  608  is received, unless the sponsor and the applicant mutually agree
  609  in writing to temporarily postpone the vote to a specific date,
  610  at which time the sponsor shall by a majority vote approve or
  611  deny the application. If the sponsor fails to act on the
  612  application, an applicant may appeal to the State Board of
  613  Education as provided in paragraph (c). If an application is
  614  denied, the sponsor shall, within 10 calendar days after such
  615  denial, articulate in writing the specific reasons, based upon
  616  good cause, supporting its denial of the application and shall
  617  provide the letter of denial and supporting documentation to the
  618  applicant and to the Department of Education.
  619         b. An application submitted by a high-performing charter
  620  school identified pursuant to s. 1002.331 or a high-performing
  621  charter school system identified pursuant to s. 1002.332 may be
  622  denied by the sponsor only if the sponsor demonstrates by clear
  623  and convincing evidence that:
  624         (I) The application of a high-performing charter school
  625  does not materially comply with the requirements in paragraph
  626  (a) or, for a high-performing charter school system, the
  627  application does not materially comply with s. 1002.332(2)(b);
  628         (II) The charter school proposed in the application does
  629  not materially comply with the requirements in paragraphs
  630  (9)(a)-(f);
  631         (III) The proposed charter school’s educational program
  632  does not substantially replicate that of the applicant or one of
  633  the applicant’s high-performing charter schools;
  634         (IV) The applicant has made a material misrepresentation or
  635  false statement or concealed an essential or material fact
  636  during the application process; or
  637         (V) The proposed charter school’s educational program and
  638  financial management practices do not materially comply with the
  639  requirements of this section.
  640  
  641  Material noncompliance is a failure to follow requirements or a
  642  violation of prohibitions applicable to charter school
  643  applications, which failure is quantitatively or qualitatively
  644  significant either individually or when aggregated with other
  645  noncompliance. An applicant is considered to be replicating a
  646  high-performing charter school if the proposed school is
  647  substantially similar to at least one of the applicant’s high
  648  performing charter schools and the organization or individuals
  649  involved in the establishment and operation of the proposed
  650  school are significantly involved in the operation of replicated
  651  schools.
  652         c. If the sponsor denies an application submitted by a
  653  high-performing charter school or a high-performing charter
  654  school system, the sponsor must, within 10 calendar days after
  655  such denial, state in writing the specific reasons, based upon
  656  the criteria in sub-subparagraph b., supporting its denial of
  657  the application and must provide the letter of denial and
  658  supporting documentation to the applicant and to the Department
  659  of Education. The applicant may appeal the sponsor’s denial of
  660  the application in accordance with paragraph (c).
  661         4. For budget projection purposes, the sponsor shall report
  662  to the Department of Education the approval or denial of an
  663  application within 10 calendar days after such approval or
  664  denial. In the event of approval, the report to the Department
  665  of Education shall include the final projected FTE for the
  666  approved charter school.
  667         5. Upon approval of an application, the initial startup
  668  shall commence with the beginning of the public school calendar
  669  for the district in which the charter is granted. A charter
  670  school may defer the opening of the school’s operations for up
  671  to 3 2 years to provide time for adequate facility planning. The
  672  charter school must provide written notice of such intent to the
  673  sponsor and the parents of enrolled students at least 30
  674  calendar days before the first day of school.
  675         (7) CHARTER.—The terms and conditions for the operation of
  676  a charter school shall be set forth by the sponsor and the
  677  applicant in a written contractual agreement, called a charter.
  678  The sponsor and the governing board of the charter school shall
  679  use the standard charter contract pursuant to subsection (21),
  680  which shall incorporate the approved application and any addenda
  681  approved with the application. Any term or condition of a
  682  proposed charter contract that differs from the standard charter
  683  contract adopted by rule of the State Board of Education shall
  684  be presumed a limitation on charter school flexibility. The
  685  sponsor may not impose unreasonable rules or regulations that
  686  violate the intent of giving charter schools greater flexibility
  687  to meet educational goals. The charter shall be signed by the
  688  governing board of the charter school and the sponsor, following
  689  a public hearing to ensure community input.
  690         (a) The charter shall address and criteria for approval of
  691  the charter shall be based on:
  692         1. The school’s mission, the students to be served, and the
  693  ages and grades to be included.
  694         2. The focus of the curriculum, the instructional methods
  695  to be used, any distinctive instructional techniques to be
  696  employed, and identification and acquisition of appropriate
  697  technologies needed to improve educational and administrative
  698  performance which include a means for promoting safe, ethical,
  699  and appropriate uses of technology which comply with legal and
  700  professional standards.
  701         a. The charter shall ensure that reading is a primary focus
  702  of the curriculum and that resources are provided to identify
  703  and provide specialized instruction for students who are reading
  704  below grade level. The curriculum and instructional strategies
  705  for reading must be consistent with the Next Generation Sunshine
  706  State Standards and grounded in scientifically based reading
  707  research.
  708         b. In order to provide students with access to diverse
  709  instructional delivery models, to facilitate the integration of
  710  technology within traditional classroom instruction, and to
  711  provide students with the skills they need to compete in the
  712  21st century economy, the Legislature encourages instructional
  713  methods for blended learning courses consisting of both
  714  traditional classroom and online instructional techniques.
  715  Charter schools may implement blended learning courses which
  716  combine traditional classroom instruction and virtual
  717  instruction. Students in a blended learning course must be full-
  718  time students of the charter school pursuant to s.
  719  1011.61(1)(a)1. Instructional personnel certified pursuant to s.
  720  1012.55 who provide virtual instruction for blended learning
  721  courses may be employees of the charter school or may be under
  722  contract to provide instructional services to charter school
  723  students. At a minimum, such instructional personnel must hold
  724  an active state or school district adjunct certification under
  725  s. 1012.57 for the subject area of the blended learning course.
  726  The funding and performance accountability requirements for
  727  blended learning courses are the same as those for traditional
  728  courses.
  729         3. The current incoming baseline standard of student
  730  academic achievement, the outcomes to be achieved, and the
  731  method of measurement that will be used. The criteria listed in
  732  this subparagraph shall include a detailed description of:
  733         a. How the baseline student academic achievement levels and
  734  prior rates of academic progress will be established.
  735         b. How these baseline rates will be compared to rates of
  736  academic progress achieved by these same students while
  737  attending the charter school.
  738         c. To the extent possible, how these rates of progress will
  739  be evaluated and compared with rates of progress of other
  740  closely comparable student populations.
  741  
  742  The district school board is required to provide academic
  743  student performance data to charter schools for each of their
  744  students coming from the district school system, as well as
  745  rates of academic progress of comparable student populations in
  746  the district school system.
  747         4. The methods used to identify the educational strengths
  748  and needs of students and how well educational goals and
  749  performance standards are met by students attending the charter
  750  school. The methods shall provide a means for the charter school
  751  to ensure accountability to its constituents by analyzing
  752  student performance data and by evaluating the effectiveness and
  753  efficiency of its major educational programs. Students in
  754  charter schools shall, at a minimum, participate in the
  755  statewide assessment program created under s. 1008.22.
  756         5. In secondary charter schools, a method for determining
  757  that a student has satisfied the requirements for graduation in
  758  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
  759         6. A method for resolving conflicts between the governing
  760  board of the charter school and the sponsor.
  761         7. The admissions procedures and dismissal procedures,
  762  including the school’s code of student conduct. Admission or
  763  dismissal must not be based on a student’s academic performance.
  764         8. The ways by which the school will achieve a
  765  racial/ethnic balance reflective of the community it serves or
  766  within the racial/ethnic range of other public schools in the
  767  same school district.
  768         9. The financial and administrative management of the
  769  school, including a reasonable demonstration of the professional
  770  experience or competence of those individuals or organizations
  771  applying to operate the charter school or those hired or
  772  retained to perform such professional services and the
  773  description of clearly delineated responsibilities and the
  774  policies and practices needed to effectively manage the charter
  775  school. A description of internal audit procedures and
  776  establishment of controls to ensure that financial resources are
  777  properly managed must be included. Both public sector and
  778  private sector professional experience shall be equally valid in
  779  such a consideration.
  780         10. The asset and liability projections required in the
  781  application which are incorporated into the charter and shall be
  782  compared with information provided in the annual report of the
  783  charter school.
  784         11. A description of procedures that identify various risks
  785  and provide for a comprehensive approach to reduce the impact of
  786  losses; plans to ensure the safety and security of students and
  787  staff; plans to identify, minimize, and protect others from
  788  violent or disruptive student behavior; and the manner in which
  789  the school will be insured, including whether or not the school
  790  will be required to have liability insurance, and, if so, the
  791  terms and conditions thereof and the amounts of coverage.
  792         12. The term of the charter which shall provide for
  793  cancellation of the charter if insufficient progress has been
  794  made in attaining the student achievement objectives of the
  795  charter and if it is not likely that such objectives can be
  796  achieved before expiration of the charter. The initial term of a
  797  charter shall be for 4 or 5 years, excluding 2 planning years.
  798  In order to facilitate access to long-term financial resources
  799  for charter school construction, charter schools that are
  800  operated by a municipality or other public entity as provided by
  801  law are eligible for up to a 15-year charter, subject to
  802  approval by the district school board. A charter lab school is
  803  eligible for a charter for a term of up to 15 years. In
  804  addition, to facilitate access to long-term financial resources
  805  for charter school construction, charter schools that are
  806  operated by a private, not-for-profit, s. 501(c)(3) status
  807  corporation are eligible for up to a 15-year charter, subject to
  808  approval by the district school board. Such long-term charters
  809  remain subject to annual review and may be terminated during the
  810  term of the charter, but only according to the provisions set
  811  forth in subsection (8).
  812         13. The facilities to be used and their location. The
  813  sponsor may not require a charter school to have a certificate
  814  of occupancy or a temporary certificate of occupancy for such a
  815  facility earlier than 15 calendar days before the first day of
  816  school.
  817         14. The qualifications to be required of the teachers and
  818  the potential strategies used to recruit, hire, train, and
  819  retain qualified staff to achieve best value.
  820         15. The governance structure of the school, including the
  821  status of the charter school as a public or private employer as
  822  required in paragraph (12)(i).
  823         16. A timetable for implementing the charter which
  824  addresses the implementation of each element thereof and the
  825  date by which the charter shall be awarded in order to meet this
  826  timetable.
  827         17. In the case of an existing public school that is being
  828  converted to charter status, alternative arrangements for
  829  current students who choose not to attend the charter school and
  830  for current teachers who choose not to teach in the charter
  831  school after conversion in accordance with the existing
  832  collective bargaining agreement or district school board rule in
  833  the absence of a collective bargaining agreement. However,
  834  alternative arrangements shall not be required for current
  835  teachers who choose not to teach in a charter lab school, except
  836  as authorized by the employment policies of the state university
  837  which grants the charter to the lab school.
  838         18. Full disclosure of the identity of all relatives
  839  employed by the charter school who are related to the charter
  840  school owner, president, chairperson of the governing board of
  841  directors, superintendent, governing board member, principal,
  842  assistant principal, or any other person employed by the charter
  843  school who has equivalent decisionmaking authority. For the
  844  purpose of this subparagraph, the term “relative” means father,
  845  mother, son, daughter, brother, sister, uncle, aunt, first
  846  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  847  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  848  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  849  stepsister, half brother, or half sister.
  850         19. Implementation of the activities authorized under s.
  851  1002.331 by the charter school when it satisfies the eligibility
  852  requirements for a high-performing charter school. A high
  853  performing charter school shall notify its sponsor in writing by
  854  March 1 if it intends to increase enrollment or expand grade
  855  levels the following school year. The written notice shall
  856  specify the amount of the enrollment increase and the grade
  857  levels that will be added, as applicable.
  858         (d) A charter may be modified during its initial term or
  859  any renewal term upon the recommendation of the sponsor or the
  860  charter school’s governing board and the approval of both
  861  parties to the agreement. Modification during any term may
  862  include, but is not limited to, consolidation of multiple
  863  charters into a single charter if the charters are operated
  864  under the same governing board and physically located on the
  865  same campus, regardless of the renewal cycle. A charter school
  866  that is not subject to a school improvement plan and that closes
  867  as part of a consolidation shall be reported by the school
  868  district as a consolidation.
  869         (e) A charter may be terminated by a charter school’s
  870  governing board through voluntary closure. The decision to cease
  871  operations must be determined at a public meeting. The governing
  872  board shall notify the parents and sponsor of the public meeting
  873  in writing before the public meeting. The governing board must
  874  notify the sponsor, parents of enrolled students, and the
  875  department in writing within 24 hours after the public meeting
  876  of its determination. The notice shall state the charter
  877  school’s intent to continue operations or the reason for the
  878  closure and acknowledge that the governing board agrees to
  879  follow the procedures for dissolution and reversion of public
  880  funds pursuant to paragraphs (8)(d)-(f) and (9)(o) paragraphs
  881  (8)(e)-(g) and (9)(o).
  882         (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.—
  883         (a) The sponsor shall make student academic achievement for
  884  all students the most important factor when determining whether
  885  to renew or terminate the charter. The sponsor may also choose
  886  not to renew or may terminate the charter if the sponsor finds
  887  that one of the grounds set forth below exists by clear and
  888  convincing evidence for any of the following grounds:
  889         1. Failure to participate in the state’s education
  890  accountability system created in s. 1008.31, as required in this
  891  section, or failure to meet the requirements for student
  892  performance stated in the charter.
  893         2. Failure to meet generally accepted standards of fiscal
  894  management.
  895         3. Material violation of law.
  896         4. Other good cause shown.
  897         (b) At least 90 days before renewing, nonrenewing, or
  898  terminating a charter, the sponsor shall notify the governing
  899  board of the school of the proposed action in writing. The
  900  notice shall state in reasonable detail the grounds for the
  901  proposed action and stipulate that the school’s governing board
  902  may, within 14 calendar days after receiving the notice, request
  903  a hearing. The hearing shall be conducted at the sponsor’s
  904  election in accordance with one of the following procedures:
  905         1. A direct hearing conducted by the sponsor within 60 days
  906  after receipt of the request for a hearing. The hearing shall be
  907  conducted in accordance with ss. 120.569 and 120.57. The sponsor
  908  shall decide upon nonrenewal or termination by a majority vote.
  909  The sponsor’s decision shall be a final order; or
  910         2. A hearing conducted by an administrative law judge
  911  assigned by the Division of Administrative Hearings. The hearing
  912  shall be conducted within 90 60 days after receipt of the
  913  request for a hearing and in accordance with chapter 120. The
  914  administrative law judge’s final recommended order shall be
  915  submitted to the sponsor. The administrative law judge shall
  916  award the prevailing party reasonable attorney fees and costs
  917  incurred during the administrative proceeding and any appeals A
  918  majority vote by the sponsor shall be required to adopt or
  919  modify the administrative law judge’s recommended order. The
  920  sponsor shall issue a final order.
  921         (c) The final order shall state the specific reasons for
  922  the sponsor’s decision. The sponsor shall provide its final
  923  order to the charter school’s governing board and the Department
  924  of Education no later than 10 calendar days after its issuance.
  925  The charter school’s governing board may, within 30 calendar
  926  days after receiving the sponsor’s final order, appeal the
  927  decision pursuant to s. 120.68.
  928         (9) CHARTER SCHOOL REQUIREMENTS.—
  929         (n)1. The director and a representative of the governing
  930  board of a charter school that has earned a grade of “D” or “F”
  931  pursuant to s. 1008.34 shall appear before the sponsor to
  932  present information concerning each contract component having
  933  noted deficiencies. The director and a representative of the
  934  governing board shall submit to the sponsor for approval a
  935  school improvement plan to raise student performance. Upon
  936  approval by the sponsor, the charter school shall begin
  937  implementation of the school improvement plan. The department
  938  shall offer technical assistance and training to the charter
  939  school and its governing board and establish guidelines for
  940  developing, submitting, and approving such plans.
  941         2.a. If a charter school earns three consecutive grades
  942  below a “C,” the charter school governing board shall choose one
  943  of the following corrective actions:
  944         (I) Contract for educational services to be provided
  945  directly to students, instructional personnel, and school
  946  administrators, as prescribed in state board rule;
  947         (II) Contract with an outside entity that has a
  948  demonstrated record of effectiveness to operate the school;
  949         (III) Reorganize the school under a new director or
  950  principal who is authorized to hire new staff; or
  951         (IV) Voluntarily close the charter school.
  952         b. The charter school must implement the corrective action
  953  in the school year following receipt of a third consecutive
  954  grade below a “C.”
  955         c. The sponsor may annually waive a corrective action if it
  956  determines that the charter school is likely to improve a letter
  957  grade if additional time is provided to implement the
  958  intervention and support strategies prescribed by the school
  959  improvement plan. Notwithstanding this sub-subparagraph, a
  960  charter school that earns a second consecutive grade of “F” is
  961  subject to subparagraph 3.
  962         d. A charter school is no longer required to implement a
  963  corrective action if it improves to a “C” or higher. However,
  964  the charter school must continue to implement strategies
  965  identified in the school improvement plan. The sponsor must
  966  annually review implementation of the school improvement plan to
  967  monitor the school’s continued improvement pursuant to
  968  subparagraph 4.
  969         e. A charter school implementing a corrective action that
  970  does not improve to a “C” or higher after 2 full school years of
  971  implementing the corrective action must select a different
  972  corrective action. Implementation of the new corrective action
  973  must begin in the school year following the implementation
  974  period of the existing corrective action, unless the sponsor
  975  determines that the charter school is likely to improve to a “C”
  976  or higher if additional time is provided to implement the
  977  existing corrective action. Notwithstanding this sub
  978  subparagraph, a charter school that earns a second consecutive
  979  grade of “F” while implementing a corrective action is subject
  980  to subparagraph 3.
  981         3. A charter school’s charter contract is automatically
  982  terminated if the school earns two consecutive grades of “F”
  983  after all school grade appeals are final unless:
  984         a. The charter school is established to turn around the
  985  performance of a district public school pursuant to s.
  986  1008.33(4)(b)2. Such charter schools shall be governed by s.
  987  1008.33;
  988         b. The charter school serves a student population the
  989  majority of which resides in a school zone served by a district
  990  public school subject to s. 1008.33(4) and the charter school
  991  earns at least a grade of “D” in its third year of operation.
  992  The exception provided under this sub-subparagraph does not
  993  apply to a charter school in its fourth year of operation and
  994  thereafter; or
  995         c. The state board grants the charter school a waiver of
  996  termination. The charter school must request the waiver within
  997  15 days after the department’s official release of school
  998  grades. The state board may waive termination if the charter
  999  school demonstrates that the Learning Gains of its students on
 1000  statewide assessments are comparable to or better than the
 1001  Learning Gains of similarly situated students enrolled in nearby
 1002  district public schools. The waiver is valid for 1 year and may
 1003  only be granted once. Charter schools that have been in
 1004  operation for more than 5 years are not eligible for a waiver
 1005  under this sub-subparagraph.
 1006  
 1007  The sponsor shall notify the charter school’s governing board,
 1008  the charter school principal, and the department in writing when
 1009  a charter contract is terminated under this subparagraph. The
 1010  letter of termination must meet the requirements of paragraph
 1011  (8)(c). A charter terminated under this subparagraph must follow
 1012  the procedures for dissolution and reversion of public funds
 1013  pursuant to paragraphs (8)(d)-(f) and (9)(o) paragraphs (8)(e)
 1014  (g) and (9)(o).
 1015         4. The director and a representative of the governing board
 1016  of a graded charter school that has implemented a school
 1017  improvement plan under this paragraph shall appear before the
 1018  sponsor at least once a year to present information regarding
 1019  the progress of intervention and support strategies implemented
 1020  by the school pursuant to the school improvement plan and
 1021  corrective actions, if applicable. The sponsor shall communicate
 1022  at the meeting, and in writing to the director, the services
 1023  provided to the school to help the school address its
 1024  deficiencies.
 1025         5. Notwithstanding any provision of this paragraph except
 1026  sub-subparagraphs 3.a.-c., the sponsor may terminate the charter
 1027  at any time pursuant to subsection (8).
 1028         (10) ELIGIBLE STUDENTS.—
 1029         (e) A charter school may limit the enrollment process only
 1030  to target the following student populations:
 1031         1. Students within specific age groups or grade levels.
 1032         2. Students considered at risk of dropping out of school or
 1033  academic failure. Such students shall include exceptional
 1034  education students.
 1035         3. Students enrolling in a charter school-in-the-workplace
 1036  or charter school-in-a-municipality established pursuant to
 1037  subsection (15).
 1038         4. Students residing within a reasonable distance of the
 1039  charter school, as described in paragraph (20)(c). Such students
 1040  shall be subject to a random lottery and to the racial/ethnic
 1041  balance provisions described in subparagraph (7)(a)8. or any
 1042  federal provisions that require a school to achieve a
 1043  racial/ethnic balance reflective of the community it serves or
 1044  within the racial/ethnic range of other public schools in the
 1045  same school district.
 1046         5. Students who meet reasonable academic, artistic, or
 1047  other eligibility standards established by the charter school
 1048  and included in the charter school application and charter or,
 1049  in the case of existing charter schools, standards that are
 1050  consistent with the school’s mission and purpose. Such standards
 1051  shall be in accordance with current state law and practice in
 1052  public schools and may not discriminate against otherwise
 1053  qualified individuals.
 1054         6. Students articulating from one charter school to another
 1055  pursuant to an articulation agreement between the charter
 1056  schools that has been approved by the sponsor.
 1057         7. Students living in a development in which a business
 1058  entity provides the school facility and related property having
 1059  an appraised value of at least $5 10 million to be used as a
 1060  charter school to mitigate the educational impact created by for
 1061  the development of new residential dwelling units. Students
 1062  living in the development shall be entitled to no more than 50
 1063  percent of the student stations in the charter school. The
 1064  students who are eligible for enrollment are subject to a random
 1065  lottery, the racial/ethnic balance provisions, or any federal
 1066  provisions, as described in subparagraph 4. The remainder of the
 1067  student stations shall be filled in accordance with subparagraph
 1068  4.
 1069         (20) SERVICES.—
 1070         (a)1. A sponsor shall provide certain administrative and
 1071  educational services to charter schools. These services shall
 1072  include contract management services; full-time equivalent and
 1073  data reporting services; exceptional student education
 1074  administration services; services related to eligibility and
 1075  reporting duties required to ensure that school lunch services
 1076  under the National School Lunch Program, consistent with the
 1077  needs of the charter school, are provided by the school district
 1078  at the request of the charter school, that any funds due to the
 1079  charter school under the National School Lunch Program be paid
 1080  to the charter school as soon as the charter school begins
 1081  serving food under the National School Lunch Program, and that
 1082  the charter school is paid at the same time and in the same
 1083  manner under the National School Lunch Program as other public
 1084  schools serviced by the sponsor or the school district; test
 1085  administration services, including payment of the costs of
 1086  state-required or district-required student assessments;
 1087  processing of teacher certificate data services; and information
 1088  services, including equal access to student information systems
 1089  that are used by public schools in the district in which the
 1090  charter school is located. Student performance data for each
 1091  student in a charter school, including, but not limited to, FCAT
 1092  scores, standardized test scores, previous public school student
 1093  report cards, and student performance measures, shall be
 1094  provided by the sponsor to a charter school in the same manner
 1095  provided to other public schools in the district.
 1096         2. A sponsor may withhold an administrative fee for the
 1097  provision of such services which shall be a percentage of the
 1098  available funds defined in paragraph (17)(b) calculated based on
 1099  weighted full-time equivalent students. If the charter school
 1100  serves 75 percent or more exceptional education students as
 1101  defined in s. 1003.01(3), the percentage shall be calculated
 1102  based on unweighted full-time equivalent students. The
 1103  administrative fee shall be calculated as follows:
 1104         a. Up to 5 percent for:
 1105         (I) Enrollment of up to and including 250 students in a
 1106  charter school as defined in this section.
 1107         (II) Enrollment of up to and including 500 students within
 1108  a charter school system which meets all of the following:
 1109         (A) Includes conversion charter schools and nonconversion
 1110  charter schools.
 1111         (B) Has all of its schools located in the same county.
 1112         (C) Has a total enrollment exceeding the total enrollment
 1113  of at least one school district in the state.
 1114         (D) Has the same governing board for all of its schools.
 1115         (E) Does not contract with a for-profit service provider
 1116  for management of school operations.
 1117         (III) Enrollment of up to and including 250 students in a
 1118  virtual charter school.
 1119         b. Up to 2 percent for enrollment of up to and including
 1120  250 students in a high-performing charter school as defined in
 1121  s. 1002.331.
 1122         3. A sponsor may not charge charter schools any additional
 1123  fees or surcharges for administrative and educational services
 1124  in addition to the maximum percentage of administrative fees
 1125  withheld pursuant to this paragraph.
 1126         4. A sponsor shall provide to the department by September
 1127  15 of each year the total amount of funding withheld from
 1128  charter schools pursuant to this subsection for the prior fiscal
 1129  year. The department must include the information in the report
 1130  required under sub-sub-subparagraph (5)(b)1.k.III.
 1131         (b) If goods and services are made available to the charter
 1132  school through the contract with the school district, they shall
 1133  be provided to the charter school at a rate no greater than the
 1134  district’s actual cost unless mutually agreed upon by the
 1135  charter school and the sponsor in a contract negotiated
 1136  separately from the charter. When mediation has failed to
 1137  resolve disputes over contracted services or contractual matters
 1138  not included in the charter, an appeal may be made to an
 1139  administrative law judge appointed by the Division of
 1140  Administrative Hearings. The administrative law judge has final
 1141  order authority to rule on the dispute. The administrative law
 1142  judge shall award the prevailing party reasonable attorney fees
 1143  and costs incurred during the mediation process, administrative
 1144  proceeding, and any appeals, to be paid by the party whom the
 1145  administrative law judge rules against for a dispute resolution
 1146  hearing before the Charter School Appeal Commission. To maximize
 1147  the use of state funds, school districts shall allow charter
 1148  schools to participate in the sponsor’s bulk purchasing program
 1149  if applicable.
 1150         Section 12. Subsection (1), paragraph (a) of subsection
 1151  (2), and paragraph (b) of subsection (3) of section 1002.331,
 1152  Florida Statutes, are amended to read:
 1153         1002.331 High-performing charter schools.—
 1154         (1) A charter school is a high-performing charter school if
 1155  it:
 1156         (a) Received at least two school grades of “A” and no
 1157  school grade below “B,” pursuant to s. 1008.34, during each of
 1158  the previous 3 school years or received at least two consecutive
 1159  school grades of “A” in the most recent 2 school years.
 1160         (b) Received an unqualified opinion on each annual
 1161  financial audit required under s. 218.39 in the most recent 3
 1162  fiscal years for which such audits are available.
 1163         (c) Did not receive a financial audit that revealed one or
 1164  more of the financial emergency conditions set forth in s.
 1165  218.503(1) in the most recent 3 fiscal years for which such
 1166  audits are available. However, this requirement is deemed met
 1167  for a charter school-in-the-workplace if there is a finding in
 1168  an audit that the school has the monetary resources available to
 1169  cover any reported deficiency or that the deficiency does not
 1170  result in a deteriorating financial condition pursuant to s.
 1171  1002.345(1)(a)3.
 1172  
 1173  For purposes of determining initial eligibility, the
 1174  requirements of paragraphs (b) and (c) only apply for the most
 1175  recent 2 fiscal years if the charter school earns two
 1176  consecutive grades of “A.” A virtual charter school established
 1177  under s. 1002.33 is not eligible for designation as a high
 1178  performing charter school.
 1179         (2) A high-performing charter school is authorized to:
 1180         (a) Increase its student enrollment once per school year to
 1181  more than the capacity identified in the charter, but student
 1182  enrollment may not exceed the current facility capacity of the
 1183  facility at the time the enrollment increase will take effect.
 1184  Facility capacity for purposes of grade level expansion shall
 1185  include any improvements to an existing facility or any new
 1186  facility in which a majority of the students of the high
 1187  performing charter school will enroll.
 1188  
 1189  A high-performing charter school shall notify its sponsor in
 1190  writing by March 1 if it intends to increase enrollment or
 1191  expand grade levels the following school year. The written
 1192  notice shall specify the amount of the enrollment increase and
 1193  the grade levels that will be added, as applicable. If a charter
 1194  school notifies the sponsor of its intent to expand, the sponsor
 1195  shall modify the charter within 90 days to include the new
 1196  enrollment maximum and may not make any other changes. The
 1197  sponsor may deny a request to increase the enrollment of a high
 1198  performing charter school if the commissioner has declassified
 1199  the charter school as high-performing. If a high-performing
 1200  charter school requests to consolidate multiple charters, the
 1201  sponsor shall have 40 days after receipt of that request to
 1202  provide an initial draft charter to the charter school. The
 1203  sponsor and charter school shall have 50 days thereafter to
 1204  negotiate and notice the charter contract for final approval by
 1205  the sponsor.
 1206         (3)
 1207         (b) A high-performing charter school may not establish more
 1208  than two one charter schools school within the state under
 1209  paragraph (a) in any year. A subsequent application to establish
 1210  a charter school under paragraph (a) may not be submitted unless
 1211  each charter school established in this manner achieves high
 1212  performing charter school status. However, a high-performing
 1213  charter school may establish more than one charter school within
 1214  the state under paragraph (a) in any year if it operates in the
 1215  area of a persistently low-performing school and serves students
 1216  from that school.
 1217         Section 13. Paragraph (d) is added to subsection (10) of
 1218  section 1002.333, Florida Statutes, to read:
 1219         1002.333 Persistently low-performing schools.—
 1220         (10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program
 1221  is created within the Department of Education.
 1222         (d) Notwithstanding s. 216.301 and pursuant to s. 216.351,
 1223  funds allocated for the purpose of this subsection which are not
 1224  disbursed by June 30 of the fiscal year in which the funds are
 1225  allocated may be carried forward for up to 5 years after the
 1226  effective date of the original appropriation.
 1227         Section 14. Present paragraph (c) of subsection (9) of
 1228  section 1002.37, Florida Statutes, is amended, and a new
 1229  paragraph (c) is added to subsection (9) of that section, to
 1230  read:
 1231         1002.37 The Florida Virtual School.—
 1232         (9)
 1233         (c) Industry certification examinations, national
 1234  assessments, and statewide assessments offered by the school
 1235  district shall be available to all Florida Virtual School
 1236  students.
 1237         (d)(c) Unless an alternative testing site is mutually
 1238  agreed to by the Florida Virtual School and the school district
 1239  or as contracted under s. 1008.24, all industry certification
 1240  examinations, national assessments, and statewide assessments
 1241  must be taken at the school to which the student would be
 1242  assigned according to district school board attendance areas. A
 1243  school district must provide the student with access to the
 1244  school’s testing facilities and the date and time of the
 1245  administration of each examination or assessment.
 1246         Section 15. Paragraph (e) of subsection (2), paragraphs (d)
 1247  and (h) of subsection (5), subsection (8), paragraph (c) of
 1248  subsection (9), paragraph (a) of subsection (10), and paragraph
 1249  (a) of subsection (11) of section 1002.385, Florida Statutes,
 1250  are amended, and paragraph (p) is added to subsection (5) of
 1251  that section, to read:
 1252         1002.385 The Gardiner Scholarship.—
 1253         (2) DEFINITIONS.—As used in this section, the term:
 1254         (e) “Eligible nonprofit scholarship-funding organization”
 1255  or “organization” means a nonprofit scholarship-funding
 1256  organization that is approved pursuant to s. 1002.395(15) s.
 1257  1002.395(16).
 1258         (5) AUTHORIZED USES OF PROGRAM FUNDS.—Program funds must be
 1259  used to meet the individual educational needs of an eligible
 1260  student and may be spent for the following purposes:
 1261         (d) Enrollment in, or Tuition or fees associated with full
 1262  time or part-time enrollment in, a home education program, an
 1263  eligible private school, an eligible postsecondary educational
 1264  institution or a program offered by the postsecondary
 1265  institution, a private tutoring program authorized under s.
 1266  1002.43, a virtual program offered by a department-approved
 1267  private online provider that meets the provider qualifications
 1268  specified in s. 1002.45(2)(a), the Florida Virtual School as a
 1269  private paying student, or an approved online course offered
 1270  pursuant to s. 1003.499 or s. 1004.0961.
 1271         (h) Tuition and fees for part-time tutoring services
 1272  provided by a person who holds a valid Florida educator’s
 1273  certificate pursuant to s. 1012.56; a person who holds an
 1274  adjunct teaching certificate pursuant to s. 1012.57; a person
 1275  who has a bachelor’s degree or a graduate degree in the subject
 1276  area in which instruction is given; or a person who has
 1277  demonstrated a mastery of subject area knowledge pursuant to s.
 1278  1012.56(5). As used in this paragraph, the term “part-time
 1279  tutoring services” does not qualify as regular school attendance
 1280  as defined in s. 1003.01(13)(e).
 1281         (p) Tuition or fees associated with enrollment in a
 1282  nationally or internationally recognized research-based training
 1283  program for a child with a neurological disorder or brain
 1284  damage.
 1285  
 1286  A provider of any services receiving payments pursuant to this
 1287  subsection may not share, refund, or rebate any moneys from the
 1288  Gardiner Scholarship with the parent or participating student in
 1289  any manner. A parent, student, or provider of any services may
 1290  not bill an insurance company, Medicaid, or any other agency for
 1291  the same services that are paid for using Gardiner Scholarship
 1292  funds.
 1293         (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
 1294  private school may be sectarian or nonsectarian and shall:
 1295         (a) Comply with all requirements for private schools
 1296  participating in state school choice scholarship programs
 1297  pursuant to s. 1002.421.
 1298         (b) Provide to the organization, upon request, all
 1299  documentation required for the student’s participation,
 1300  including the private school’s and student’s fee schedules.
 1301         (c) Be academically accountable to the parent for meeting
 1302  the educational needs of the student by:
 1303         1. At a minimum, annually providing to the parent a written
 1304  explanation of the student’s progress.
 1305         (b)1.2. Annually administer or make administering or making
 1306  provision for students participating in the program in grades 3
 1307  through 10 to take one of the nationally norm-referenced tests
 1308  identified by the Department of Education or the statewide
 1309  assessments pursuant to s. 1008.22. Students with disabilities
 1310  for whom standardized testing is not appropriate are exempt from
 1311  this requirement. A participating private school shall report a
 1312  student’s scores to the parent.
 1313         2.3. Administer Cooperating with the scholarship student
 1314  whose parent chooses to have the student participate in the
 1315  statewide assessments pursuant to s. 1008.22 or, if a private
 1316  school chooses to offer the statewide assessments, administering
 1317  the assessments at the school.
 1318         a. A participating private school may choose to offer and
 1319  administer the statewide assessments to all students who attend
 1320  the private school in grades 3 through 10 and must.
 1321         b. A participating private school shall submit a request in
 1322  writing to the Department of Education by March 1 of each year
 1323  in order to administer the statewide assessments in the
 1324  subsequent school year.
 1325         (d) Employ or contract with teachers who have regular and
 1326  direct contact with each student receiving a scholarship under
 1327  this section at the school’s physical location.
 1328         (e) Provide a report from an independent certified public
 1329  accountant who performs the agreed-upon procedures developed
 1330  under s. 1002.395(6)(o) if the private school receives more than
 1331  $250,000 in funds from scholarships awarded under this section
 1332  in a state fiscal year. A private school subject to this
 1333  paragraph must annually submit the report by September 15 to the
 1334  organization that awarded the majority of the school’s
 1335  scholarship funds. The agreed-upon procedures must be conducted
 1336  in accordance with attestation standards established by the
 1337  American Institute of Certified Public Accountants.
 1338  
 1339  If a private school fails is unable to meet the requirements of
 1340  this subsection or s. 1002.421 or has consecutive years of
 1341  material exceptions listed in the report required under
 1342  paragraph (e), the commissioner may determine that the private
 1343  school is ineligible to participate in the scholarship program.
 1344         (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
 1345  shall:
 1346         (c) Investigate any written complaint of a violation of
 1347  this section by a parent, a student, a private school, a public
 1348  school or a school district, an organization, a provider, or
 1349  another appropriate party in accordance with the process
 1350  established by s. 1002.421 s. 1002.395(9)(f).
 1351         (10) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.—
 1352         (a) The Commissioner of Education:
 1353         1. May suspend or revoke program participation or use of
 1354  program funds by the student or participation or eligibility of
 1355  an organization, eligible private school, eligible postsecondary
 1356  educational institution, approved provider, or other party for a
 1357  violation of this section.
 1358         2. May determine the length of, and conditions for lifting,
 1359  a suspension or revocation specified in this subsection.
 1360         3. May recover unexpended program funds or withhold payment
 1361  of an equal amount of program funds to recover program funds
 1362  that were not authorized for use.
 1363         4. Shall deny or terminate program participation upon a
 1364  parent’s forfeiture of a Gardiner Scholarship pursuant to
 1365  subsection (11).
 1366         (11) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
 1367  PARTICIPATION.—A parent who applies for program participation
 1368  under this section is exercising his or her parental option to
 1369  determine the appropriate placement or the services that best
 1370  meet the needs of his or her child. The scholarship award for a
 1371  student is based on a matrix that assigns the student to support
 1372  Level III services. If a parent receives an IEP and a matrix of
 1373  services from the school district pursuant to subsection (7),
 1374  the amount of the payment shall be adjusted as needed, when the
 1375  school district completes the matrix.
 1376         (a) To satisfy or maintain program eligibility, including
 1377  eligibility to receive and spend program payments, the parent
 1378  must sign an agreement with the organization and annually submit
 1379  a notarized, sworn compliance statement to the organization to:
 1380         1. Affirm that the student is enrolled in a program that
 1381  meets regular school attendance requirements as provided in s.
 1382  1003.01(13)(b)-(d).
 1383         2. Affirm that the program funds are used only for
 1384  authorized purposes serving the student’s educational needs, as
 1385  described in subsection (5).
 1386         3. Affirm that the parent is responsible for the education
 1387  of his or her student by, as applicable:
 1388         a. Requiring the student to take an assessment in
 1389  accordance with paragraph (8)(b) paragraph (8)(c);
 1390         b. Providing an annual evaluation in accordance with s.
 1391  1002.41(1)(c); or
 1392         c. Requiring the child to take any preassessments and
 1393  postassessments selected by the provider if the child is 4 years
 1394  of age and is enrolled in a program provided by an eligible
 1395  Voluntary Prekindergarten Education Program provider. A student
 1396  with disabilities for whom a preassessment and postassessment is
 1397  not appropriate is exempt from this requirement. A participating
 1398  provider shall report a student’s scores to the parent.
 1399         4. Affirm that the student remains in good standing with
 1400  the provider or school if those options are selected by the
 1401  parent.
 1402  
 1403  A parent who fails to comply with this subsection forfeits the
 1404  Gardiner Scholarship.
 1405         Section 16. Subsections (8) through (14) of section
 1406  1002.39, Florida Statutes, are renumbered as subsections (7)
 1407  through (13), respectively, and paragraph (b) of subsection (2),
 1408  paragraph (h) of subsection (3), and present subsections (6),
 1409  (7), and (8) of that section are amended, to read:
 1410         1002.39 The John M. McKay Scholarships for Students with
 1411  Disabilities Program.—There is established a program that is
 1412  separate and distinct from the Opportunity Scholarship Program
 1413  and is named the John M. McKay Scholarships for Students with
 1414  Disabilities Program.
 1415         (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.—The parent of a
 1416  student with a disability may request and receive from the state
 1417  a John M. McKay Scholarship for the child to enroll in and
 1418  attend a private school in accordance with this section if:
 1419         (b) The parent has obtained acceptance for admission of the
 1420  student to a private school that is eligible for the program
 1421  under subsection (7) subsection (8) and has requested from the
 1422  department a scholarship at least 60 days before the date of the
 1423  first scholarship payment. The request must be communicated
 1424  directly to the department in a manner that creates a written or
 1425  electronic record of the request and the date of receipt of the
 1426  request. The department must notify the district of the parent’s
 1427  intent upon receipt of the parent’s request.
 1428         (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.—A student is
 1429  not eligible for a John M. McKay Scholarship:
 1430         (h) While he or she is not having regular and direct
 1431  contact with his or her private school teachers at the school’s
 1432  physical location unless he or she is enrolled in the private
 1433  school’s transition-to-work program pursuant to subsection (9)
 1434  subsection (10); or
 1435         (6) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
 1436  shall:
 1437         (a) Establish a toll-free hotline that provides parents and
 1438  private schools with information on participation in the John M.
 1439  McKay Scholarships for Students with Disabilities Program.
 1440         (b) Annually verify the eligibility of private schools that
 1441  meet the requirements of subsection (8).
 1442         (c) Establish a process by which individuals may notify the
 1443  department of any violation by a parent, private school, or
 1444  school district of state laws relating to program participation.
 1445  The department shall conduct an inquiry of any written complaint
 1446  of a violation of this section, or make a referral to the
 1447  appropriate agency for an investigation, if the complaint is
 1448  signed by the complainant and is legally sufficient. A complaint
 1449  is legally sufficient if it contains ultimate facts that show
 1450  that a violation of this section or any rule adopted by the
 1451  State Board of Education has occurred. In order to determine
 1452  legal sufficiency, the department may require supporting
 1453  information or documentation from the complainant. A department
 1454  inquiry is not subject to the requirements of chapter 120.
 1455         (d) Require an annual, notarized, sworn compliance
 1456  statement by participating private schools certifying compliance
 1457  with state laws and shall retain such records.
 1458         (e) cross-check the list of participating scholarship
 1459  students with the public school enrollment lists prior to each
 1460  scholarship payment to avoid duplication.
 1461         (f)1. Conduct random site visits to private schools
 1462  participating in the John M. McKay Scholarships for Students
 1463  with Disabilities Program. The purpose of the site visits is
 1464  solely to verify the information reported by the schools
 1465  concerning the enrollment and attendance of students, the
 1466  credentials of teachers, background screening of teachers, and
 1467  teachers’ fingerprinting results, which information is required
 1468  by rules of the State Board of Education, subsection (8), and s.
 1469  1002.421. The Department of Education may not make more than
 1470  three random site visits each year and may not make more than
 1471  one random site visit each year to the same private school.
 1472         2. Annually, by December 15, report to the Governor, the
 1473  President of the Senate, and the Speaker of the House of
 1474  Representatives the Department of Education’s actions with
 1475  respect to implementing accountability in the scholarship
 1476  program under this section and s. 1002.421, any substantiated
 1477  allegations or violations of law or rule by an eligible private
 1478  school under this program concerning the enrollment and
 1479  attendance of students, the credentials of teachers, background
 1480  screening of teachers, and teachers’ fingerprinting results and
 1481  the corrective action taken by the Department of Education.
 1482         (7) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.—
 1483         (a) The Commissioner of Education:
 1484         1. Shall deny, suspend, or revoke a private school’s
 1485  participation in the scholarship program if it is determined
 1486  that the private school has failed to comply with the provisions
 1487  of this section. However, if the noncompliance is correctable
 1488  within a reasonable amount of time and if the health, safety, or
 1489  welfare of the students is not threatened, the commissioner may
 1490  issue a notice of noncompliance which provides the private
 1491  school with a timeframe within which to provide evidence of
 1492  compliance before taking action to suspend or revoke the private
 1493  school’s participation in the scholarship program.
 1494         2. May deny, suspend, or revoke a private school’s
 1495  participation in the scholarship program if the commissioner
 1496  determines that an owner or operator of the private school is
 1497  operating or has operated an educational institution in this
 1498  state or in another state or jurisdiction in a manner contrary
 1499  to the health, safety, or welfare of the public.
 1500         a. In making such a determination, the commissioner may
 1501  consider factors that include, but are not limited to, acts or
 1502  omissions by an owner or operator which led to a previous denial
 1503  or revocation of participation in an education scholarship
 1504  program; an owner’s or operator’s failure to reimburse the
 1505  Department of Education for scholarship funds improperly
 1506  received or retained by a school; imposition of a prior criminal
 1507  sanction related to an owner’s or operator’s management or
 1508  operation of an educational institution; imposition of a civil
 1509  fine or administrative fine, license revocation or suspension,
 1510  or program eligibility suspension, termination, or revocation
 1511  related to an owner’s or operator’s management or operation of
 1512  an educational institution; or other types of criminal
 1513  proceedings in which an owner or operator was found guilty of,
 1514  regardless of adjudication, or entered a plea of nolo contendere
 1515  or guilty to, any offense involving fraud, deceit, dishonesty,
 1516  or moral turpitude.
 1517         b. For purposes of this subparagraph, the term “owner or
 1518  operator” includes an owner, operator, superintendent, or
 1519  principal of, or a person who has equivalent decisionmaking
 1520  authority over, a private school participating in the
 1521  scholarship program.
 1522         (b) The commissioner’s determination is subject to the
 1523  following:
 1524         1. If the commissioner intends to deny, suspend, or revoke
 1525  a private school’s participation in the scholarship program, the
 1526  department shall notify the private school of such proposed
 1527  action in writing by certified mail and regular mail to the
 1528  private school’s address of record with the department. The
 1529  notification shall include the reasons for the proposed action
 1530  and notice of the timelines and procedures set forth in this
 1531  paragraph.
 1532         2. The private school that is adversely affected by the
 1533  proposed action shall have 15 days from receipt of the notice of
 1534  proposed action to file with the department’s agency clerk a
 1535  request for a proceeding pursuant to ss. 120.569 and 120.57. If
 1536  the private school is entitled to a hearing under s. 120.57(1),
 1537  the department shall forward the request to the Division of
 1538  Administrative Hearings.
 1539         3. Upon receipt of a request referred pursuant to this
 1540  paragraph, the director of the Division of Administrative
 1541  Hearings shall expedite the hearing and assign an administrative
 1542  law judge who shall commence a hearing within 30 days after the
 1543  receipt of the formal written request by the division and enter
 1544  a recommended order within 30 days after the hearing or within
 1545  30 days after receipt of the hearing transcript, whichever is
 1546  later. Each party shall be allowed 10 days in which to submit
 1547  written exceptions to the recommended order. A final order shall
 1548  be entered by the agency within 30 days after the entry of a
 1549  recommended order. The provisions of this subparagraph may be
 1550  waived upon stipulation by all parties.
 1551         (c) The commissioner may immediately suspend payment of
 1552  scholarship funds if it is determined that there is probable
 1553  cause to believe that there is:
 1554         1. An imminent threat to the health, safety, or welfare of
 1555  the students; or
 1556         2. Fraudulent activity on the part of the private school.
 1557  Notwithstanding s. 1002.22, in incidents of alleged fraudulent
 1558  activity pursuant to this section, the Department of Education’s
 1559  Office of Inspector General is authorized to release personally
 1560  identifiable records or reports of students to the following
 1561  persons or organizations:
 1562         a. A court of competent jurisdiction in compliance with an
 1563  order of that court or the attorney of record in accordance with
 1564  a lawfully issued subpoena, consistent with the Family
 1565  Educational Rights and Privacy Act, 20 U.S.C. s. 1232g.
 1566         b. A person or entity authorized by a court of competent
 1567  jurisdiction in compliance with an order of that court or the
 1568  attorney of record pursuant to a lawfully issued subpoena,
 1569  consistent with the Family Educational Rights and Privacy Act,
 1570  20 U.S.C. s. 1232g.
 1571         c. Any person, entity, or authority issuing a subpoena for
 1572  law enforcement purposes when the court or other issuing agency
 1573  has ordered that the existence or the contents of the subpoena
 1574  or the information furnished in response to the subpoena not be
 1575  disclosed, consistent with the Family Educational Rights and
 1576  Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31.
 1577  
 1578  The commissioner’s order suspending payment pursuant to this
 1579  paragraph may be appealed pursuant to the same procedures and
 1580  timelines as the notice of proposed action set forth in
 1581  paragraph (b).
 1582         (7)(8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
 1583  eligible to participate in the John M. McKay Scholarships for
 1584  Students with Disabilities Program, a private school may be
 1585  sectarian or nonsectarian and must:
 1586         (a) Comply with all requirements for private schools
 1587  participating in state school choice scholarship programs
 1588  pursuant to s. 1002.421.
 1589         (b) Provide to the department all documentation required
 1590  for a student’s participation, including the private school’s
 1591  and student’s fee schedules, at least 30 days before any
 1592  quarterly scholarship payment is made for the student pursuant
 1593  to paragraph (10)(e) paragraph (11)(e). A student is not
 1594  eligible to receive a quarterly scholarship payment if the
 1595  private school fails to meet this deadline.
 1596         (c) Be academically accountable to the parent for meeting
 1597  the educational needs of the student by:
 1598         1. At a minimum, annually providing to the parent a written
 1599  explanation of the student’s progress.
 1600         2. Cooperating with the scholarship student whose parent
 1601  chooses to participate in the statewide assessments pursuant to
 1602  s. 1008.22.
 1603         (d) Maintain in this state a physical location where a
 1604  scholarship student regularly attends classes.
 1605  
 1606  If The inability of a private school fails to meet the
 1607  requirements of this subsection or s. 1002.421, the commissioner
 1608  may determine that the private school is ineligible shall
 1609  constitute a basis for the ineligibility of the private school
 1610  to participate in the scholarship program as determined by the
 1611  department.
 1612         Section 17. Present subsections (12) through (16) of
 1613  section 1002.395, Florida Statutes, are renumbered as
 1614  subsections (11) through (15), respectively, and paragraphs (f)
 1615  and (j) of subsection (2), paragraphs (b), (c), (f), and (g) of
 1616  subsection (5), paragraphs (n), (o), and (p) of subsection (6),
 1617  subsections (8) and (9), and present subsection (11) of that
 1618  section are amended, to read:
 1619         1002.395 Florida Tax Credit Scholarship Program.—
 1620         (2) DEFINITIONS.—As used in this section, the term:
 1621         (f) “Eligible nonprofit scholarship-funding organization”
 1622  means a state university; or an independent college or
 1623  university that is eligible to participate in the William L.
 1624  Boyd, IV, Florida Resident Access Grant Program, located and
 1625  chartered in this state, is not for profit, and is accredited by
 1626  the Commission on Colleges of the Southern Association of
 1627  Colleges and Schools; or is a charitable organization that:
 1628         1. Is exempt from federal income tax pursuant to s.
 1629  501(c)(3) of the Internal Revenue Code;
 1630         2. Is a Florida entity formed under chapter 605, chapter
 1631  607, or chapter 617 and whose principal office is located in the
 1632  state; and
 1633         3. Complies with subsections (6) and (15) subsections (6)
 1634  and (16).
 1635         (j) “Tax credit cap amount” means the maximum annual tax
 1636  credit amount that the department may approve for in a state
 1637  fiscal year.
 1638         (5) SCHOLARSHIP FUNDING TAX CREDITS; LIMITATIONS.—
 1639         (b) A taxpayer may submit an application to the department
 1640  for a tax credit or credits under one or more of s. 211.0251, s.
 1641  212.1831, s. 220.1875, s. 561.1211, or s. 624.51055.
 1642         1. The taxpayer shall specify in the application each tax
 1643  for which the taxpayer requests a credit and the applicable
 1644  taxable year for a credit under s. 220.1875 or s. 624.51055 or
 1645  the applicable state fiscal year for a credit under s. 211.0251,
 1646  s. 212.1831, or s. 561.1211. For purposes of s. 220.1875, a
 1647  taxpayer may apply for a credit to be used for a prior taxable
 1648  year before the date the taxpayer is required to file a return
 1649  for that year pursuant to s. 220.222. The department shall
 1650  approve tax credits on a first-come, first-served basis and must
 1651  obtain the division’s approval before approving a tax credit
 1652  under s. 561.1211.
 1653         2. Within 10 days after approving or denying an
 1654  application, the department shall provide a copy of its approval
 1655  or denial letter to the eligible nonprofit scholarship-funding
 1656  organization specified by the taxpayer in the application.
 1657         (c) If a tax credit approved under paragraph (b) is not
 1658  fully used within the specified state fiscal year for credits
 1659  under s. 211.0251, s. 212.1831, or s. 561.1211 or against taxes
 1660  due for the specified taxable year for credits under s. 220.1875
 1661  or s. 624.51055 because of insufficient tax liability on the
 1662  part of the taxpayer, the unused amount shall may be carried
 1663  forward for a period not to exceed 10 5 years. For purposes of
 1664  s. 220.1875, a credit carried forward may be used in a
 1665  subsequent year after applying the other credits and unused
 1666  carryovers in the order provided in s. 220.02(8). However, any
 1667  taxpayer that seeks to carry forward an unused amount of tax
 1668  credit must submit an application to the department for approval
 1669  of the carryforward tax credit in the year that the taxpayer
 1670  intends to use the carryforward. The department must obtain the
 1671  division’s approval prior to approving the carryforward of a tax
 1672  credit under s. 561.1211.
 1673         (f) Within 10 days after approving or denying an
 1674  application for a carryforward tax credit under paragraph (c),
 1675  the conveyance, transfer, or assignment of a tax credit under
 1676  paragraph (d), or the rescindment of a tax credit under
 1677  paragraph (e), the department shall provide a copy of its
 1678  approval or denial letter to the eligible nonprofit scholarship
 1679  funding organization specified by the taxpayer. The department
 1680  shall also include the eligible nonprofit scholarship-funding
 1681  organization specified by the taxpayer on all letters or
 1682  correspondence of acknowledgment for tax credits under s.
 1683  212.1831.
 1684         (g) For purposes of calculating the underpayment of
 1685  estimated corporate income taxes pursuant to s. 220.34 and tax
 1686  installment payments for taxes on insurance premiums or
 1687  assessments under s. 624.5092, the final amount due is the
 1688  amount after credits earned under s. 220.1875 or s. 624.51055
 1689  for contributions to eligible nonprofit scholarship-funding
 1690  organizations are deducted.
 1691         1. For purposes of determining if a penalty or interest
 1692  shall be imposed for underpayment of estimated corporate income
 1693  tax pursuant to s. 220.34(2)(d)1., a taxpayer may, after earning
 1694  a credit under s. 220.1875, reduce any the following estimated
 1695  payment in that taxable year by the amount of the credit. This
 1696  subparagraph applies to contributions made on or after July 1,
 1697  2014.
 1698         2. For purposes of determining if a penalty under s.
 1699  624.5092 shall be imposed, an insurer may, after earning a
 1700  credit under s. 624.51055, reduce the following installment
 1701  payment of 27 percent of the amount of the net tax due as
 1702  reported on the return for the preceding year under s.
 1703  624.5092(2)(b) by the amount of the credit. This subparagraph
 1704  applies to contributions made on or after July 1, 2014.
 1705         (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
 1706  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
 1707  organization:
 1708         (n) Must prepare and submit quarterly reports to the
 1709  Department of Education pursuant to paragraph (9)(i) paragraph
 1710  (9)(m). In addition, an eligible nonprofit scholarship-funding
 1711  organization must submit in a timely manner any information
 1712  requested by the Department of Education relating to the
 1713  scholarship program.
 1714         (o)1.a. Must participate in the joint development of
 1715  agreed-upon procedures to be performed by an independent
 1716  certified public accountant as required under paragraph (8)(e)
 1717  if the scholarship-funding organization provided more than
 1718  $250,000 in scholarship funds to an eligible private school
 1719  under this section during the 2009-2010 state fiscal year. The
 1720  agreed-upon procedures must uniformly apply to all private
 1721  schools and must determine, at a minimum, whether the private
 1722  school has been verified as eligible by the Department of
 1723  Education under s. 1002.421 paragraph (9)(c); has an adequate
 1724  accounting system, system of financial controls, and process for
 1725  deposit and classification of scholarship funds; and has
 1726  properly expended scholarship funds for education-related
 1727  expenses. During the development of the procedures, the
 1728  participating scholarship-funding organizations shall specify
 1729  guidelines governing the materiality of exceptions that may be
 1730  found during the accountant’s performance of the procedures. The
 1731  procedures and guidelines shall be provided to private schools
 1732  and the Commissioner of Education by March 15, 2011.
 1733         b. Must participate in a joint review of the agreed-upon
 1734  procedures and guidelines developed under sub-subparagraph a.,
 1735  by February of each biennium 2013 and biennially thereafter, if
 1736  the scholarship-funding organization provided more than $250,000
 1737  in scholarship funds to an eligible private school under this
 1738  chapter section during the state fiscal year preceding the
 1739  biennial review. If the procedures and guidelines are revised,
 1740  the revisions must be provided to private schools and the
 1741  Commissioner of Education by March 15 of the year in which the
 1742  revisions were completed. The revised agreed-upon procedures
 1743  shall take effect the subsequent school year. For the 2018-2019
 1744  school year only, the joint review of the agreed-upon procedures
 1745  must be completed and the revisions submitted to the
 1746  commissioner no later than September 15, 2018. The revised
 1747  procedures are applicable to the 2018-2019 school year, 2013,
 1748  and biennially thereafter.
 1749         c. Must monitor the compliance of a private school with s.
 1750  1002.421(1)(q) paragraph (8)(e) if the scholarship-funding
 1751  organization provided the majority of the scholarship funding to
 1752  the school. For each private school subject to s. 1002.421(1)(q)
 1753  paragraph (8)(e), the appropriate scholarship-funding
 1754  organization shall annually notify the Commissioner of Education
 1755  by October 30, 2011, and annually thereafter of:
 1756         (I) A private school’s failure to submit a report required
 1757  under s. 1002.421(1)(q) paragraph (8)(e); or
 1758         (II) Any material exceptions set forth in the report
 1759  required under s. 1002.421(1)(q) paragraph (8)(e).
 1760         2. Must seek input from the accrediting associations that
 1761  are members of the Florida Association of Academic Nonpublic
 1762  Schools and the Department of Education when jointly developing
 1763  the agreed-upon procedures and guidelines under sub-subparagraph
 1764  1.a. and conducting a review of those procedures and guidelines
 1765  under sub-subparagraph 1.b.
 1766         (p) Must maintain the surety bond or letter of credit
 1767  required by subsection (15) subsection (16). The amount of the
 1768  surety bond or letter of credit may be adjusted quarterly to
 1769  equal the actual amount of undisbursed funds based upon
 1770  submission by the organization of a statement from a certified
 1771  public accountant verifying the amount of undisbursed funds. The
 1772  requirements of this paragraph are waived if the cost of
 1773  acquiring a surety bond or letter of credit exceeds the average
 1774  10-year cost of acquiring a surety bond or letter of credit by
 1775  200 percent. The requirements of this paragraph are waived for a
 1776  state university; or an independent college or university which
 1777  is eligible to participate in the William L. Boyd, IV, Florida
 1778  Resident Access Grant Program, located and chartered in this
 1779  state, is not for profit, and is accredited by the Commission on
 1780  Colleges of the Southern Association of Colleges and Schools.
 1781  
 1782  Information and documentation provided to the Department of
 1783  Education and the Auditor General relating to the identity of a
 1784  taxpayer that provides an eligible contribution under this
 1785  section shall remain confidential at all times in accordance
 1786  with s. 213.053.
 1787         (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
 1788  private school may be sectarian or nonsectarian and must:
 1789         (a) Comply with all requirements for private schools
 1790  participating in state school choice scholarship programs
 1791  pursuant to s. 1002.421.
 1792         (b) Provide to the eligible nonprofit scholarship-funding
 1793  organization, upon request, all documentation required for the
 1794  student’s participation, including the private school’s and
 1795  student’s fee schedules.
 1796         (c) Be academically accountable to the parent for meeting
 1797  the educational needs of the student by:
 1798         1. At a minimum, annually providing to the parent a written
 1799  explanation of the student’s progress.
 1800         (b)1.2. Annually administer or make administering or making
 1801  provision for students participating in the scholarship program
 1802  in grades 3 through 10 to take one of the nationally norm
 1803  referenced tests identified by the Department of Education or
 1804  the statewide assessments pursuant to s. 1008.22. Students with
 1805  disabilities for whom standardized testing is not appropriate
 1806  are exempt from this requirement. A participating private school
 1807  must report a student’s scores to the parent. A participating
 1808  private school must annually report by August 15 the scores of
 1809  all participating students to a state university the Learning
 1810  System Institute described in paragraph (9)(f) paragraph (9)(j).
 1811         2.3. Administer Cooperating with the scholarship student
 1812  whose parent chooses to have the student participate in the
 1813  statewide assessments pursuant to s. 1008.22 or, if a private
 1814  school chooses to offer the statewide assessments, administering
 1815  the assessments at the school.
 1816         a. A participating private school may choose to offer and
 1817  administer the statewide assessments to all students who attend
 1818  the private school in grades 3 through 10 and.
 1819         b. A participating private school must submit a request in
 1820  writing to the Department of Education by March 1 of each year
 1821  in order to administer the statewide assessments in the
 1822  subsequent school year.
 1823         (d) Employ or contract with teachers who have regular and
 1824  direct contact with each student receiving a scholarship under
 1825  this section at the school’s physical location.
 1826         (e) Provide a report from an independent certified public
 1827  accountant who performs the agreed-upon procedures developed
 1828  under paragraph (6)(o) if the private school receives more than
 1829  $250,000 in funds from scholarships awarded under this section
 1830  in a state fiscal year. A private school subject to this
 1831  paragraph must annually submit the report by September 15 to the
 1832  scholarship-funding organization that awarded the majority of
 1833  the school’s scholarship funds. The agreed-upon procedures must
 1834  be conducted in accordance with attestation standards
 1835  established by the American Institute of Certified Public
 1836  Accountants.
 1837  
 1838  If a private school fails is unable to meet the requirements of
 1839  this subsection or s. 1002.421 or has consecutive years of
 1840  material exceptions listed in the report required under
 1841  paragraph (e), the commissioner may determine that the private
 1842  school is ineligible to participate in the scholarship program
 1843  as determined by the Department of Education.
 1844         (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The Department of
 1845  Education shall:
 1846         (a) Annually submit to the department and division, by
 1847  March 15, a list of eligible nonprofit scholarship-funding
 1848  organizations that meet the requirements of paragraph (2)(f).
 1849         (b) Annually verify the eligibility of nonprofit
 1850  scholarship-funding organizations that meet the requirements of
 1851  paragraph (2)(f).
 1852         (c) Annually verify the eligibility of private schools that
 1853  meet the requirements of subsection (8).
 1854         (c)(d) Annually verify the eligibility of expenditures as
 1855  provided in paragraph (6)(d) using the audit required by
 1856  paragraph (6)(m) and s. 11.45(2)(l) s. 11.45(2)(k).
 1857         (e) Establish a toll-free hotline that provides parents and
 1858  private schools with information on participation in the
 1859  scholarship program.
 1860         (f) Establish a process by which individuals may notify the
 1861  Department of Education of any violation by a parent, private
 1862  school, or school district of state laws relating to program
 1863  participation. The Department of Education shall conduct an
 1864  inquiry of any written complaint of a violation of this section,
 1865  or make a referral to the appropriate agency for an
 1866  investigation, if the complaint is signed by the complainant and
 1867  is legally sufficient. A complaint is legally sufficient if it
 1868  contains ultimate facts that show that a violation of this
 1869  section or any rule adopted by the State Board of Education has
 1870  occurred. In order to determine legal sufficiency, the
 1871  Department of Education may require supporting information or
 1872  documentation from the complainant. A department inquiry is not
 1873  subject to the requirements of chapter 120.
 1874         (g) Require an annual, notarized, sworn compliance
 1875  statement by participating private schools certifying compliance
 1876  with state laws and shall retain such records.
 1877         (d)(h) Cross-check the list of participating scholarship
 1878  students with the public school enrollment lists to avoid
 1879  duplication.
 1880         (e)(i) Maintain a list of nationally norm-referenced tests
 1881  identified for purposes of satisfying the testing requirement in
 1882  subparagraph (8)(b)1 subparagraph (8)(c)2. The tests must meet
 1883  industry standards of quality in accordance with State Board of
 1884  Education rule.
 1885         (f)(j) Issue a project grant award to a state university
 1886  the Learning System Institute at the Florida State University,
 1887  to which participating private schools must report the scores of
 1888  participating students on the nationally norm-referenced tests
 1889  or the statewide assessments administered by the private school
 1890  in grades 3 through 10. The project term is 2 years, and the
 1891  amount of the project is up to $250,000 $500,000 per year. The
 1892  project grant award must be reissued in 2-year intervals in
 1893  accordance with this paragraph.
 1894         1. The state university Learning System Institute must
 1895  annually report to the Department of Education on the student
 1896  performance of participating students:
 1897         a. On a statewide basis. The report shall also include, to
 1898  the extent possible, a comparison of scholarship students’
 1899  performance to the statewide student performance of public
 1900  school students with socioeconomic backgrounds similar to those
 1901  of students participating in the scholarship program. To
 1902  minimize costs and reduce time required for the state
 1903  university’s Learning System Institute’s analysis and
 1904  evaluation, the Department of Education shall coordinate with
 1905  the state university Learning System Institute to provide data
 1906  to the state university Learning System Institute in order to
 1907  conduct analyses of matched students from public school
 1908  assessment data and calculate control group student performance
 1909  using an agreed-upon methodology with the state university
 1910  Learning System Institute; and
 1911         b. On an individual school basis. The annual report must
 1912  include student performance for each participating private
 1913  school in which at least 51 percent of the total enrolled
 1914  students in the private school participated in the Florida Tax
 1915  Credit Scholarship Program in the prior school year. The report
 1916  shall be according to each participating private school, and for
 1917  participating students, in which there are at least 30
 1918  participating students who have scores for tests administered.
 1919  If the state university Learning System Institute determines
 1920  that the 30-participating-student cell size may be reduced
 1921  without disclosing personally identifiable information, as
 1922  described in 34 C.F.R. s. 99.12, of a participating student, the
 1923  state university Learning System Institute may reduce the
 1924  participating-student cell size, but the cell size must not be
 1925  reduced to less than 10 participating students. The department
 1926  shall provide each private school’s prior school year’s student
 1927  enrollment information to the state university Learning System
 1928  Institute no later than June 15 of each year, or as requested by
 1929  the state university Learning System Institute.
 1930         2. The sharing and reporting of student performance data
 1931  under this paragraph must be in accordance with requirements of
 1932  ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g, the Family
 1933  Educational Rights and Privacy Act, and the applicable rules and
 1934  regulations issued pursuant thereto, and shall be for the sole
 1935  purpose of creating the annual report required by subparagraph
 1936  1. All parties must preserve the confidentiality of such
 1937  information as required by law. The annual report must not
 1938  disaggregate data to a level that will identify individual
 1939  participating schools, except as required under sub-subparagraph
 1940  1.b., or disclose the academic level of individual students.
 1941         3. The annual report required by subparagraph 1. shall be
 1942  published by the Department of Education on its website.
 1943         (g)(k) Notify an eligible nonprofit scholarship-funding
 1944  organization of any of the organization’s identified students
 1945  who are receiving educational scholarships pursuant to chapter
 1946  1002.
 1947         (h)(l) Notify an eligible nonprofit scholarship-funding
 1948  organization of any of the organization’s identified students
 1949  who are receiving tax credit scholarships from other eligible
 1950  nonprofit scholarship-funding organizations.
 1951         (i)(m) Require quarterly reports by an eligible nonprofit
 1952  scholarship-funding organization regarding the number of
 1953  students participating in the scholarship program, the private
 1954  schools at which the students are enrolled, and other
 1955  information deemed necessary by the Department of Education.
 1956         (n)1. Conduct site visits to private schools participating
 1957  in the Florida Tax Credit Scholarship Program. The purpose of
 1958  the site visits is solely to verify the information reported by
 1959  the schools concerning the enrollment and attendance of
 1960  students, the credentials of teachers, background screening of
 1961  teachers, and teachers’ fingerprinting results. The Department
 1962  of Education may not make more than seven site visits each year;
 1963  however, the department may make additional site visits at any
 1964  time to any school that has received a notice of noncompliance
 1965  or a notice of proposed action within the previous 2 years.
 1966         2. Annually, by December 15, report to the Governor, the
 1967  President of the Senate, and the Speaker of the House of
 1968  Representatives the Department of Education’s actions with
 1969  respect to implementing accountability in the scholarship
 1970  program under this section and s. 1002.421, any substantiated
 1971  allegations or violations of law or rule by an eligible private
 1972  school under this program concerning the enrollment and
 1973  attendance of students, the credentials of teachers, background
 1974  screening of teachers, and teachers’ fingerprinting results and
 1975  the corrective action taken by the Department of Education.
 1976         (j)(o) Provide a process to match the direct certification
 1977  list with the scholarship application data submitted by any
 1978  nonprofit scholarship-funding organization eligible to receive
 1979  the 3-percent administrative allowance under paragraph (6)(j).
 1980         (p) Upon the request of a participating private school,
 1981  provide at no cost to the school the statewide assessments
 1982  administered under s. 1008.22 and any related materials for
 1983  administering the assessments. Students at a private school may
 1984  be assessed using the statewide assessments if the addition of
 1985  those students and the school does not cause the state to exceed
 1986  its contractual caps for the number of students tested and the
 1987  number of testing sites. The state shall provide the same
 1988  materials and support to a private school that it provides to a
 1989  public school. A private school that chooses to administer
 1990  statewide assessments under s. 1008.22 shall follow the
 1991  requirements set forth in ss. 1008.22 and 1008.24, rules adopted
 1992  by the State Board of Education to implement those sections, and
 1993  district-level testing policies established by the district
 1994  school board.
 1995         (11) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.—
 1996         (a)1. The Commissioner of Education shall deny, suspend, or
 1997  revoke a private school’s participation in the scholarship
 1998  program if it is determined that the private school has failed
 1999  to comply with the provisions of this section. However, in
 2000  instances in which the noncompliance is correctable within a
 2001  reasonable amount of time and in which the health, safety, or
 2002  welfare of the students is not threatened, the commissioner may
 2003  issue a notice of noncompliance that shall provide the private
 2004  school with a timeframe within which to provide evidence of
 2005  compliance prior to taking action to suspend or revoke the
 2006  private school’s participation in the scholarship program.
 2007         2. The Commissioner of Education may deny, suspend, or
 2008  revoke a private school’s participation in the scholarship
 2009  program if the commissioner determines that:
 2010         a. An owner or operator of a private school has exhibited a
 2011  previous pattern of failure to comply with this section or s.
 2012  1002.421; or
 2013         b. An owner or operator of the private school is operating
 2014  or has operated an educational institution in this state or
 2015  another state or jurisdiction in a manner contrary to the
 2016  health, safety, or welfare of the public.
 2017  
 2018  In making the determination under this subparagraph, the
 2019  commissioner may consider factors that include, but are not
 2020  limited to, acts or omissions by an owner or operator that led
 2021  to a previous denial or revocation of participation in an
 2022  education scholarship program; an owner’s or operator’s failure
 2023  to reimburse the Department of Education or a nonprofit
 2024  scholarship-funding organization for scholarship funds
 2025  improperly received or retained by a school; imposition of a
 2026  prior criminal sanction, civil fine, administrative fine,
 2027  license revocation or suspension, or program eligibility
 2028  suspension, termination, or revocation related to an owner’s or
 2029  operator’s management or operation of an educational
 2030  institution; or other types of criminal proceedings in which the
 2031  owner or operator was found guilty of, regardless of
 2032  adjudication, or entered a plea of nolo contendere or guilty to,
 2033  any offense involving fraud, deceit, dishonesty, or moral
 2034  turpitude.
 2035         (b) The commissioner’s determination is subject to the
 2036  following:
 2037         1. If the commissioner intends to deny, suspend, or revoke
 2038  a private school’s participation in the scholarship program, the
 2039  Department of Education shall notify the private school of such
 2040  proposed action in writing by certified mail and regular mail to
 2041  the private school’s address of record with the Department of
 2042  Education. The notification shall include the reasons for the
 2043  proposed action and notice of the timelines and procedures set
 2044  forth in this paragraph.
 2045         2. The private school that is adversely affected by the
 2046  proposed action shall have 15 days from receipt of the notice of
 2047  proposed action to file with the Department of Education’s
 2048  agency clerk a request for a proceeding pursuant to ss. 120.569
 2049  and 120.57. If the private school is entitled to a hearing under
 2050  s. 120.57(1), the Department of Education shall forward the
 2051  request to the Division of Administrative Hearings.
 2052         3. Upon receipt of a request referred pursuant to this
 2053  paragraph, the director of the Division of Administrative
 2054  Hearings shall expedite the hearing and assign an administrative
 2055  law judge who shall commence a hearing within 30 days after the
 2056  receipt of the formal written request by the division and enter
 2057  a recommended order within 30 days after the hearing or within
 2058  30 days after receipt of the hearing transcript, whichever is
 2059  later. Each party shall be allowed 10 days in which to submit
 2060  written exceptions to the recommended order. A final order shall
 2061  be entered by the agency within 30 days after the entry of a
 2062  recommended order. The provisions of this subparagraph may be
 2063  waived upon stipulation by all parties.
 2064         (c) The commissioner may immediately suspend payment of
 2065  scholarship funds if it is determined that there is probable
 2066  cause to believe that there is:
 2067         1. An imminent threat to the health, safety, and welfare of
 2068  the students;
 2069         2. A previous pattern of failure to comply with this
 2070  section or s. 1002.421; or
 2071         3. Fraudulent activity on the part of the private school.
 2072  Notwithstanding s. 1002.22, in incidents of alleged fraudulent
 2073  activity pursuant to this section, the Department of Education’s
 2074  Office of Inspector General is authorized to release personally
 2075  identifiable records or reports of students to the following
 2076  persons or organizations:
 2077         a. A court of competent jurisdiction in compliance with an
 2078  order of that court or the attorney of record in accordance with
 2079  a lawfully issued subpoena, consistent with the Family
 2080  Educational Rights and Privacy Act, 20 U.S.C. s. 1232g.
 2081         b. A person or entity authorized by a court of competent
 2082  jurisdiction in compliance with an order of that court or the
 2083  attorney of record pursuant to a lawfully issued subpoena,
 2084  consistent with the Family Educational Rights and Privacy Act,
 2085  20 U.S.C. s. 1232g.
 2086         c. Any person, entity, or authority issuing a subpoena for
 2087  law enforcement purposes when the court or other issuing agency
 2088  has ordered that the existence or the contents of the subpoena
 2089  or the information furnished in response to the subpoena not be
 2090  disclosed, consistent with the Family Educational Rights and
 2091  Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31.
 2092  
 2093  The commissioner’s order suspending payment pursuant to this
 2094  paragraph may be appealed pursuant to the same procedures and
 2095  timelines as the notice of proposed action set forth in
 2096  paragraph (b).
 2097         Section 18. Effective upon this act becoming a law, section
 2098  1002.40, Florida Statutes, is created to read:
 2099         1002.40 The Hope Scholarship Program.—
 2100         (1) PURPOSE.—The Hope Scholarship Program is established to
 2101  provide the parent of a public school student who was subjected
 2102  to an incident listed in subsection (3) an opportunity to
 2103  transfer the student to another public school or to request a
 2104  scholarship for the student to enroll in and attend an eligible
 2105  private school.
 2106         (2) DEFINITIONS.—As used in this section, the term:
 2107         (a) “Dealer” has the same meaning as provided in s. 212.06.
 2108         (b) “Department” means the Department of Education.
 2109         (c) “Designated agent” has the same meaning as provided in
 2110  s. 212.06(10).
 2111         (d) “Eligible contribution” or “contribution” means a
 2112  monetary contribution from a person purchasing a motor vehicle,
 2113  subject to the restrictions provided in this section, to an
 2114  eligible nonprofit scholarship-funding organization. The person
 2115  making the contribution may not designate a specific student as
 2116  the beneficiary of the contribution.
 2117         (e) “Eligible nonprofit scholarship-funding organization”
 2118  or “organization” has the same meaning as provided in s.
 2119  1002.395(2)(f).
 2120         (f) “Eligible private school” has the same meaning as
 2121  provided in s. 1002.395(2)(g).
 2122         (g) “Motor vehicle” has the same meaning as provided in s.
 2123  320.01(1)(a), but does not include a heavy truck, truck tractor,
 2124  trailer, or motorcycle.
 2125         (h) “Parent” means a resident of this state who is a
 2126  parent, as defined in s. 1000.21, and whose student reported an
 2127  incident in accordance with subsection (6).
 2128         (i) “Program” means the Hope Scholarship Program.
 2129         (j) “School” means any educational program or activity
 2130  conducted by a public K-12 educational institution, any school
 2131  related or school-sponsored program or activity, and riding on a
 2132  school bus, as defined in s. 1006.25(1), including waiting at a
 2133  school bus stop.
 2134         (k) “Unweighted FTE funding amount” means the statewide
 2135  average total funds per unweighted full-time equivalent funding
 2136  amount that is incorporated by reference in the General
 2137  Appropriations Act, or by a subsequent special appropriations
 2138  act, for the applicable state fiscal year.
 2139         (3) PROGRAM ELIGIBILITY.—Beginning with the 2018-2019
 2140  school year, contingent upon available funds, and on a first
 2141  come, first-served basis, a student enrolled in a Florida public
 2142  school in kindergarten through grade 12 is eligible for a
 2143  scholarship under this program if the student reported an
 2144  incident in accordance with subsection (6). For purposes of this
 2145  section, the term “incident” means battery; harassment; hazing;
 2146  bullying; kidnapping; physical attack; robbery; sexual offenses,
 2147  harassment, assault, or battery; threat or intimidation; or
 2148  fighting at school, as defined by the department in accordance
 2149  with s. 1006.09(6).
 2150         (4) PROGRAM PROHIBITIONS.—Payment of a scholarship to a
 2151  student enrolled in a private school may not be made if a
 2152  student is:
 2153         (a) Enrolled in a public school, including, but not limited
 2154  to, the Florida School for the Deaf and the Blind; the College
 2155  Preparatory Boarding Academy; a developmental research school
 2156  authorized under s. 1002.32; or a charter school authorized
 2157  under s. 1002.33, s. 1002.331, or s. 1002.332;
 2158         (b) Enrolled in a school operating for the purpose of
 2159  providing educational services to youth in the Department of
 2160  Juvenile Justice commitment programs;
 2161         (c) Participating in a virtual school, correspondence
 2162  school, or distance learning program that receives state funding
 2163  pursuant to the student’s participation unless the participation
 2164  is limited to no more than two courses per school year; or
 2165         (d) Receiving any other educational scholarship pursuant to
 2166  this chapter.
 2167         (5) TERM OF HOPE SCHOLARSHIP.—For purposes of continuity of
 2168  educational choice, a Hope scholarship shall remain in force
 2169  until the student returns to public school or graduates from
 2170  high school, whichever occurs first. A scholarship student who
 2171  enrolls in a public school or public school program is
 2172  considered to have returned to a public school for the purpose
 2173  of determining the end of the scholarship’s term.
 2174         (6) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—
 2175         (a) Upon receipt of a report of an incident, the school
 2176  principal, or his or her designee, shall provide a copy of the
 2177  report to the parent and investigate the incident to determine
 2178  if the incident must be reported as required by s. 1006.09(6).
 2179  Within 24 hours after receipt of the report, the principal or
 2180  his or her designee shall provide a copy of the report to the
 2181  parent of the alleged offender and to the superintendent. Upon
 2182  conclusion of the investigation or within 15 days after the
 2183  incident was reported, whichever occurs first, the school
 2184  district shall notify the parent of the program and offer the
 2185  parent an opportunity to enroll his or her student in another
 2186  public school that has capacity or to request and receive a
 2187  scholarship to attend an eligible private school, subject to
 2188  available funding. A parent who chooses to enroll his or her
 2189  student in a public school located outside the district in which
 2190  the student resides pursuant to s. 1002.31 shall be eligible for
 2191  a scholarship to transport the student as provided in paragraph
 2192  (11)(b).
 2193         (b) For each student participating in the program in an
 2194  eligible private school who chooses to participate in the
 2195  statewide assessments under s. 1008.22 or the Florida Alternate
 2196  Assessment, the school district in which the student resides
 2197  must notify the student and his or her parent about the
 2198  locations and times to take all statewide assessments.
 2199         (7) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
 2200  private school may be sectarian or nonsectarian and shall:
 2201         (a) Comply with all requirements for private schools
 2202  participating in state school choice scholarship programs
 2203  pursuant to this section and s. 1002.421.
 2204         (b)1. Annually administer or make provision for students
 2205  participating in the program in grades 3 through 10 to take one
 2206  of the nationally norm-referenced tests identified by the
 2207  department or the statewide assessments pursuant to s. 1008.22.
 2208  Students with disabilities for whom standardized testing is not
 2209  appropriate are exempt from this requirement. A participating
 2210  private school shall report a student’s scores to his or her
 2211  parent.
 2212         2. Administer the statewide assessments pursuant to s.
 2213  1008.22 if a private school chooses to offer the statewide
 2214  assessments. A participating private school may choose to offer
 2215  and administer the statewide assessments to all students who
 2216  attend the private school in grades 3 through 10 and must submit
 2217  a request in writing to the department by March 1 of each year
 2218  in order to administer the statewide assessments in the
 2219  subsequent school year.
 2220  
 2221  If a private school fails to meet the requirements of this
 2222  subsection or s. 1002.421, the commissioner may determine that
 2223  the private school is ineligible to participate in the program.
 2224         (8) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
 2225  shall:
 2226         (a) Cross-check the list of participating scholarship
 2227  students with the public school enrollment lists to avoid
 2228  duplication.
 2229         (b) Maintain a list of nationally norm-referenced tests
 2230  identified for purposes of satisfying the testing requirement in
 2231  paragraph (9)(f). The tests must meet industry standards of
 2232  quality in accordance with State Board of Education rule.
 2233         (c) Require quarterly reports by an eligible nonprofit
 2234  scholarship-funding organization regarding the number of
 2235  students participating in the program, the private schools in
 2236  which the students are enrolled, and other information deemed
 2237  necessary by the department.
 2238         (d) Contract with an independent entity to provide an
 2239  annual evaluation of the program by:
 2240         1. Reviewing the school bullying prevention education
 2241  program, climate and code of student conduct of each public
 2242  school from which 10 or more students transferred to another
 2243  public school or private school using the Hope scholarship to
 2244  determine areas in the school or school district procedures
 2245  involving reporting, investigating, and communicating a parent’s
 2246  and student’s rights that are in need of improvement. At a
 2247  minimum, the review must include:
 2248         a. An assessment of the investigation time and quality of
 2249  the response of the school and the school district.
 2250         b. An assessment of the effectiveness of communication
 2251  procedures with the students involved in an incident, the
 2252  students’ parents, and the school and school district personnel.
 2253         c. An analysis of school incident and discipline data.
 2254         d. The challenges and obstacles relating to implementing
 2255  recommendations from the review.
 2256         2. Reviewing the school bullying prevention education
 2257  program, climate and code of student conduct of each public
 2258  school to which a student transferred if the student was from a
 2259  school identified in subparagraph 1. in order to identify best
 2260  practices and make recommendations to a public school at which
 2261  the incidents occurred.
 2262         3. Reviewing the performance of participating students
 2263  enrolled in a private school in which at least 51 percent of the
 2264  total enrolled students in the prior school year participated in
 2265  the program and in which there are at least 10 participating
 2266  students who have scores for tests administered.
 2267         4. Surveying the parents of participating students to
 2268  determine academic, safety, and school climate satisfaction and
 2269  to identify any challenges to or obstacles in addressing the
 2270  incident or relating to the use of the scholarship.
 2271         (9) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
 2272  PARTICIPATION.—A parent who applies for a Hope scholarship is
 2273  exercising his or her parental option to place his or her
 2274  student in an eligible private school.
 2275         (a) The parent must select an eligible private school and
 2276  apply for the admission of his or her student.
 2277         (b) The parent must inform the student’s school district
 2278  when the parent withdraws his or her student to attend an
 2279  eligible private school.
 2280         (c) Any student participating in the program must remain in
 2281  attendance throughout the school year unless excused by the
 2282  school for illness or other good cause.
 2283         (d) Each parent and each student has an obligation to the
 2284  private school to comply with such school’s published policies.
 2285         (e) Upon reasonable notice to the department and the school
 2286  district, the parent may remove the student from the private
 2287  school and place the student in a public school in accordance
 2288  with this section.
 2289         (f) The parent must ensure that the student participating
 2290  in the program takes the norm-referenced assessment offered by
 2291  the private school. The parent may also choose to have the
 2292  student participate in the statewide assessments pursuant to s.
 2293  1008.22. If the parent requests that the student take the
 2294  statewide assessments pursuant to s. 1008.22 and the private
 2295  school has not chosen to offer and administer the statewide
 2296  assessments, the parent is responsible for transporting the
 2297  student to the assessment site designated by the school
 2298  district.
 2299         (g) Upon receipt of a scholarship warrant, the parent to
 2300  whom the warrant is made must restrictively endorse the warrant
 2301  to the private school for deposit into the account of such
 2302  school. If payment is made by funds transfer in accordance with
 2303  paragraph (11)(d), the parent must approve each payment before
 2304  the scholarship funds may be deposited. The parent may not
 2305  designate any entity or individual associated with the
 2306  participating private school as the parent’s attorney in fact to
 2307  endorse a scholarship warrant or approve a funds transfer. A
 2308  parent who fails to comply with this paragraph forfeits the
 2309  scholarship.
 2310         (10) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
 2311  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
 2312  organization may establish scholarships for eligible students
 2313  by:
 2314         (a) Receiving applications and determining student
 2315  eligibility in accordance with the requirements of this section.
 2316         (b) Notifying parents of their receipt of a scholarship on
 2317  a first-come, first-served basis, based upon available funds.
 2318         (c) Establishing a date by which the parent of a
 2319  participating student must confirm continuing participation in
 2320  the program.
 2321         (d) Awarding scholarship funds to eligible students, giving
 2322  priority to renewing students from the previous year.
 2323         (e) Preparing and submitting quarterly reports to the
 2324  department pursuant to paragraph (8)(c). In addition, an
 2325  eligible nonprofit scholarship-funding organization must submit
 2326  in a timely manner any information requested by the department
 2327  relating to the program.
 2328         (f) Notifying the department of any violation of this
 2329  section.
 2330         (11) FUNDING AND PAYMENT.—
 2331         (a) The maximum amount awarded to a student enrolled in an
 2332  eligible private school shall be determined as a percentage of
 2333  the unweighted FTE funding amount for that state fiscal year and
 2334  thereafter as follows:
 2335         1. Eighty-eight percent for a student enrolled in
 2336  kindergarten through grade 5.
 2337         2. Ninety-two percent for a student enrolled in grade 6
 2338  through grade 8.
 2339         3. Ninety-six percent for a student enrolled in grade 9
 2340  through grade 12.
 2341         (b) The maximum amount awarded to a student enrolled in a
 2342  public school located outside of the district in which the
 2343  student resides shall be $750.
 2344         (c) When a student enters the program, the eligible
 2345  nonprofit scholarship-funding organization must receive all
 2346  documentation required for the student’s participation,
 2347  including a copy of the report of the incident received pursuant
 2348  to subsection (6) and the private school’s and student’s fee
 2349  schedules. The initial payment shall be made after verification
 2350  of admission acceptance, and subsequent payments shall be made
 2351  upon verification of continued enrollment and attendance at the
 2352  private school.
 2353         (d) Payment of the scholarship by the eligible nonprofit
 2354  scholarship-funding organization may be by individual warrant
 2355  made payable to the student’s parent or by funds transfer,
 2356  including, but not limited to, debit cards, electronic payment
 2357  cards, or any other means of payment that the department deems
 2358  to be commercially viable or cost-effective. If payment is made
 2359  by warrant, the warrant must be delivered by the eligible
 2360  nonprofit scholarship-funding organization to the private school
 2361  of the parent’s choice, and the parent shall restrictively
 2362  endorse the warrant to the private school. If payments are made
 2363  by funds transfer, the parent must approve each payment before
 2364  the scholarship funds may be deposited. The parent may not
 2365  designate any entity or individual associated with the
 2366  participating private school as the parent’s attorney in fact to
 2367  endorse a scholarship warrant or approve a funds transfer.
 2368         (e) An eligible nonprofit scholarship-funding organization
 2369  shall obtain verification from the private school of a student’s
 2370  continued attendance at the school for each period covered by a
 2371  scholarship payment.
 2372         (f) Payment of the scholarship shall be made by the
 2373  eligible nonprofit scholarship-funding organization no less
 2374  frequently than on a quarterly basis.
 2375         (g) An eligible nonprofit scholarship-funding organization
 2376  may use up to 3 percent of eligible contributions received
 2377  during the state fiscal year in which such contributions are
 2378  collected for administrative expenses if the organization has
 2379  operated as an eligible nonprofit scholarship-funding
 2380  organization for at least the preceding 3 fiscal years and did
 2381  not have any findings of material weakness or material
 2382  noncompliance in its most recent audit under s. 1002.395(6)(m).
 2383  Such administrative expenses must be reasonable and necessary
 2384  for the organization’s management and distribution of eligible
 2385  contributions under this section. Funds authorized under this
 2386  paragraph may not be used for lobbying or political activity or
 2387  expenses related to lobbying or political activity. Up to one
 2388  third of the funds authorized for administrative expenses under
 2389  this paragraph may be used for expenses related to the
 2390  recruitment of contributions. An eligible nonprofit scholarship
 2391  funding organization may not charge an application fee.
 2392         (h) Moneys received pursuant to this section do not
 2393  constitute taxable income to the qualified student or his or her
 2394  parent.
 2395         (12) OBLIGATIONS OF THE AUDITOR GENERAL.—
 2396         (a) The Auditor General shall conduct an annual operational
 2397  audit of accounts and records of each organization that
 2398  participates in the program. As part of this audit, the Auditor
 2399  General shall verify, at a minimum, the total number of students
 2400  served and transmit that information to the department. The
 2401  Auditor General shall provide the commissioner with a copy of
 2402  each annual operational audit performed pursuant to this
 2403  paragraph within 10 days after the audit is finalized.
 2404         (b) The Auditor General shall notify the department of any
 2405  organization that fails to comply with a request for
 2406  information.
 2407         (13) SCHOLARSHIP FUNDING TAX CREDITS.—
 2408         (a) A tax credit is available under s. 212.1832(1) for use
 2409  by a person that makes an eligible contribution. Each eligible
 2410  contribution is limited to a single payment of $105 per motor
 2411  vehicle purchased at the time of purchase of a motor vehicle or
 2412  a single payment of $105 per motor vehicle purchased at the time
 2413  of registration of a motor vehicle that was not purchased from a
 2414  dealer, except that a contribution may not exceed the state tax
 2415  imposed under chapter 212 that would otherwise be collected from
 2416  the purchaser by a dealer, designated agent, or private tag
 2417  agent. Payments of contributions shall be made to a dealer at
 2418  the time of purchase of a motor vehicle or to a designated agent
 2419  or private tag agent at the time of registration of a motor
 2420  vehicle that was not purchased from a dealer. An eligible
 2421  contribution shall be accompanied by a contribution election
 2422  form provided by the Department of Revenue. The form shall
 2423  include, at a minimum, the following brief description of the
 2424  Hope Scholarship Program: “THE HOPE SCHOLARSHIP PROGRAM PROVIDES
 2425  A PUBLIC SCHOOL STUDENT WHO WAS SUBJECTED TO AN INCIDENT OF
 2426  VIOLENCE OR BULLYING AT SCHOOL THE OPPORTUNITY TO APPLY FOR A
 2427  SCHOLARSHIP TO ATTEND AN ELIGIBLE PRIVATE SCHOOL RATHER THAN
 2428  REMAIN IN AN UNSAFE SCHOOL ENVIRONMENT.” The form shall also
 2429  include, at a minimum, a section allowing the consumer to
 2430  designate, from all participating scholarship funding
 2431  organizations, which organization will receive his or her
 2432  donation. For purposes of this subsection, the term “purchase”
 2433  does not include the lease or rental of a motor vehicle.
 2434         (b) A dealer, designated agent, or private tag agent shall:
 2435         1. Provide the purchaser the contribution election form, as
 2436  provided by the Department of Revenue, at the time of purchase
 2437  of a motor vehicle or at the time of registration of a motor
 2438  vehicle that was not purchased from a dealer.
 2439         2. Collect eligible contributions.
 2440         3. Using a form provided by the Department of Revenue,
 2441  which shall include the dealer’s or agent’s federal employer
 2442  identification number, remit to an organization no later than
 2443  the date the return filed pursuant to s. 212.11 is due the total
 2444  amount of contributions made to that organization and collected
 2445  during the preceding reporting period. Using the same form, the
 2446  dealer or agent shall also report this information to the
 2447  Department of Revenue no later than the date the return filed
 2448  pursuant to s. 212.11 is due.
 2449         4. Report to the Department of Revenue on each return filed
 2450  pursuant to s. 212.11 the total amount of credits granted under
 2451  s. 212.1832 for the preceding reporting period.
 2452         (c) An organization shall report to the Department of
 2453  Revenue, on or before the 20th day of each month, the total
 2454  amount of contributions received pursuant to paragraph (b) in
 2455  the preceding calendar month on a form provided by the
 2456  Department of Revenue. Such report shall include:
 2457         1. The federal employer identification number of each
 2458  designated agent, private tag agent, or dealer who remitted
 2459  contributions to the organization during that reporting period.
 2460         2. The amount of contributions received from each
 2461  designated agent, private tag agent, or dealer during that
 2462  reporting period.
 2463         (d) A person who, with the intent to unlawfully deprive or
 2464  defraud the program of its moneys or the use or benefit thereof,
 2465  fails to remit a contribution collected under this section is
 2466  guilty of theft, punishable as follows:
 2467         1. If the total amount stolen is less than $300, the
 2468  offense is a misdemeanor of the second degree, punishable as
 2469  provided in s. 775.082 or s. 775.083. Upon a second conviction,
 2470  the offender is guilty of a misdemeanor of the first degree,
 2471  punishable as provided in s. 775.082 or s. 775.083. Upon a third
 2472  or subsequent conviction, the offender is guilty of a felony of
 2473  the third degree, punishable as provided in s. 775.082, s.
 2474  775.083, or s. 775.084.
 2475         2. If the total amount stolen is $300 or more, but less
 2476  than $20,000, the offense is a felony of the third degree,
 2477  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2478         3. If the total amount stolen is $20,000 or more, but less
 2479  than $100,000, the offense is a felony of the second degree,
 2480  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2481         4. If the total amount stolen is $100,000 or more, the
 2482  offense is a felony of the first degree, punishable as provided
 2483  in s. 775.082, s. 775.083, or s. 775.084.
 2484         (e) A person convicted of an offense under paragraph (d)
 2485  shall be ordered by the sentencing judge to make restitution to
 2486  the organization in the amount that was stolen from the program.
 2487         (f) Upon a finding that a dealer failed to remit a
 2488  contribution under subparagraph (b)3. for which the dealer
 2489  claimed a credit pursuant to s. 212.1832(2), the Department of
 2490  Revenue shall notify the affected organizations of the dealer’s
 2491  name, address, federal employer identification number, and
 2492  information related to differences between credits taken by the
 2493  dealer pursuant to s. 212.1832(2) and amounts remitted to the
 2494  eligible nonprofit scholarship-funding organization under
 2495  subparagraph (b)3.
 2496         (g) Any dealer, designated agent, private tag agent, or
 2497  organization that fails to timely submit reports to the
 2498  Department of Revenue as required in paragraphs (b) and (c) is
 2499  subject to a penalty of $1,000 for every month, or part thereof,
 2500  the report is not provided, up to a maximum amount of $10,000.
 2501  Such penalty shall be collected by the Department of Revenue and
 2502  shall be transferred into the General Revenue Fund. Such penalty
 2503  must be settled or compromised if it is determined by the
 2504  Department of Revenue that the noncompliance is due to
 2505  reasonable cause and not due to willful negligence, willful
 2506  neglect, or fraud.
 2507         (14) LIABILITY.—The state is not liable for the award of or
 2508  any use of awarded funds under this section.
 2509         (15) SCOPE OF AUTHORITY.—This section does not expand the
 2510  regulatory authority of this state, its officers, or any school
 2511  district to impose additional regulation on participating
 2512  private schools beyond those reasonably necessary to enforce
 2513  requirements expressly set forth in this section.
 2514         (16) RULES.—The State Board of Education shall adopt rules
 2515  to administer this section, except the Department of Revenue
 2516  shall adopt rules to administer subsection (13).
 2517         Section 19. Section 1002.411, Florida Statutes, is created
 2518  to read:
 2519         1002.411 Reading scholarship accounts.—
 2520         (1) READING SCHOLARSHIP ACCOUNTS.—Reading scholarship
 2521  accounts are established to provide educational options for
 2522  students.
 2523         (2) ELIGIBILITY.—Contingent upon available funds, and on a
 2524  first-come, first-served basis, each student in grades 3 through
 2525  5 who is enrolled in a Florida public school is eligible for a
 2526  reading scholarship account if the student scored below a Level
 2527  3 on the grade 3 or grade 4 statewide, standardized English
 2528  Language Arts (ELA) assessment in the prior school year. An
 2529  eligible student who is classified as an English Language
 2530  Learner and is enrolled in a program or receiving services that
 2531  are specifically designed to meet the instructional needs of
 2532  English Language Learner students shall receive priority.
 2533         (3) PARENT AND STUDENT RESPONSIBILITIES FOR PARTICIPATION.—
 2534         (a) For an eligible student to receive a reading
 2535  scholarship account, the student’s parent must:
 2536         1. Submit an application to an eligible nonprofit
 2537  scholarship-funding organization by the deadline established by
 2538  such organization; and
 2539         2. Submit eligible expenses to the eligible nonprofit
 2540  scholarship-funding organization for reimbursement of qualifying
 2541  expenditures, which may include:
 2542         a. Instructional materials.
 2543         b. Curriculum. As used in this sub-subparagraph, the term
 2544  “curriculum” means a complete course of study for a particular
 2545  content area or grade level, including any required supplemental
 2546  materials and associated online instruction.
 2547         c. Tuition and fees for part-time tutoring services
 2548  provided by a person who holds a valid Florida educator’s
 2549  certificate pursuant to s. 1012.56; a person who holds a
 2550  baccalaureate or graduate degree in the subject area; a person
 2551  who holds an adjunct teaching certificate pursuant to s.
 2552  1012.57; or a person who has demonstrated a mastery of subject
 2553  area knowledge pursuant to s. 1012.56(5).
 2554         d. Fees for summer education programs designed to improve
 2555  reading or literacy skills.
 2556         e. Fees for after-school education programs designed to
 2557  improve reading or literacy skills.
 2558  
 2559  A provider of any services receiving payments pursuant to this
 2560  subparagraph may not share any moneys from the reading
 2561  scholarship with, or provide a refund or rebate of any moneys
 2562  from such scholarship to, the parent or participating student in
 2563  any manner. A parent, student, or provider of any services may
 2564  not bill an insurance company, Medicaid, or any other agency for
 2565  the same services that are paid for using reading scholarship
 2566  funds.
 2567         (b) The parent is responsible for the payment of all
 2568  eligible expenses in excess of the amount in the account in
 2569  accordance with the terms agreed to between the parent and any
 2570  providers and may not receive any refund or rebate of any
 2571  expenditures made in accordance with paragraph (a).
 2572         (4) ADMINISTRATION.—An eligible nonprofit scholarship
 2573  funding organization participating in the Florida Tax Credit
 2574  Scholarship Program established by s. 1002.395 may establish
 2575  reading scholarship accounts for eligible students in accordance
 2576  with the requirements of eligible nonprofit scholarship-funding
 2577  organizations under this chapter.
 2578         (5) DEPARTMENT OBLIGATIONS.—The department shall have the
 2579  same duties imposed by this chapter upon the department
 2580  regarding oversight of scholarship programs administered by an
 2581  eligible nonprofit scholarship-funding organization.
 2582         (6) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—By
 2583  September 30, the school district shall notify the parent of
 2584  each student in grades 3 through 5 who scored below a level 3 on
 2585  the statewide, standardized ELA assessment in the prior school
 2586  year of the process to request and receive a reading
 2587  scholarship, subject to available funds.
 2588         (7) ACCOUNT FUNDING AND PAYMENT.—
 2589         (a) For the 2018-2019 school year, the amount of the
 2590  scholarship shall be $500 per eligible student. Thereafter, the
 2591  maximum amount granted for an eligible student shall be provided
 2592  in the General Appropriations Act.
 2593         (b) One hundred percent of the funds appropriated for the
 2594  reading scholarship accounts shall be released to the department
 2595  at the beginning of the first quarter of each fiscal year.
 2596         (c) Upon notification from the eligible nonprofit
 2597  scholarship-funding organization that a student has been
 2598  determined eligible for a reading scholarship, the department
 2599  shall release the student’s scholarship funds to such
 2600  organization to be deposited into the student’s account.
 2601         (d) Accrued interest in the student’s account is in
 2602  addition to, and not part of, the awarded funds. Account funds
 2603  include both the awarded funds and accrued interest.
 2604         (e) The eligible nonprofit scholarship-funding organization
 2605  may develop a system for payment of scholarship funds by funds
 2606  transfer, including, but not limited to, debit cards, electronic
 2607  payment cards, or any other means of payment that the department
 2608  deems to be commercially viable or cost-effective. A student’s
 2609  scholarship award may not be reduced for debit card or
 2610  electronic payment fees. Commodities or services related to the
 2611  development of such a system shall be procured by competitive
 2612  solicitation unless they are purchased from a state term
 2613  contract pursuant to s. 287.056.
 2614         (f) Payment of the scholarship shall be made by the
 2615  eligible nonprofit scholarship-funding organization no less
 2616  frequently than on a quarterly basis.
 2617         (g) In addition to funds appropriated for scholarships and
 2618  subject to a separate, specific legislative appropriation, an
 2619  organization may receive an amount equivalent to not more than 3
 2620  percent of the amount of each scholarship from state funds for
 2621  administrative expenses if the organization has operated as a
 2622  nonprofit entity for at least the preceding 3 fiscal years and
 2623  did not have any findings of material weakness or material
 2624  noncompliance in its most recent audit under s. 1002.395. Such
 2625  administrative expenses must be reasonable and necessary for the
 2626  organization’s management and distribution of scholarships under
 2627  this section. Funds authorized under this paragraph may not be
 2628  used for lobbying or political activity or expenses related to
 2629  lobbying or political activity. An organization may not charge
 2630  an application fee for a scholarship. Administrative expenses
 2631  may not be deducted from funds appropriated for scholarships.
 2632         (h) Moneys received pursuant to this section do not
 2633  constitute taxable income to the qualified student or his or her
 2634  parent.
 2635         (i) A student’s scholarship account must be closed and any
 2636  remaining funds shall revert to the state after:
 2637         1. Denial or revocation of scholarship eligibility by the
 2638  commissioner for fraud or abuse, including, but not limited to,
 2639  the student or student’s parent accepting any payment, refund,
 2640  or rebate, in any manner, from a provider of any services
 2641  received pursuant to subsection (3); or
 2642         2. Three consecutive fiscal years in which an account has
 2643  been inactive.
 2644         (8) LIABILITY.—No liability shall arise on the part of the
 2645  state based on the award or use of a reading scholarship
 2646  account.
 2647         Section 20. Section 1002.421, Florida Statutes, is amended
 2648  to read:
 2649         1002.421 Accountability of private schools participating in
 2650  State school choice scholarship program accountability and
 2651  oversight programs.—
 2652         (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A Florida
 2653  private school participating in the Florida Tax Credit
 2654  Scholarship Program established pursuant to s. 1002.395 or an
 2655  educational scholarship program established pursuant to this
 2656  chapter must be a private school as defined in s. 1002.01(2) in
 2657  this state, be registered, and be in compliance comply with all
 2658  requirements of this section in addition to private school
 2659  requirements outlined in s. 1002.42, specific requirements
 2660  identified within respective scholarship program laws, and other
 2661  provisions of Florida law that apply to private schools, and
 2662  must:.
 2663         (2) A private school participating in a scholarship program
 2664  must be a Florida private school as defined in s. 1002.01(2),
 2665  must be registered in accordance with s. 1002.42, and must:
 2666         (a) Comply with the antidiscrimination provisions of 42
 2667  U.S.C. s. 2000d.
 2668         (b) Notify the department of its intent to participate in a
 2669  scholarship program.
 2670         (c) Notify the department of any change in the school’s
 2671  name, school director, mailing address, or physical location
 2672  within 15 days after the change.
 2673         (d) Provide to the department or scholarship-funding
 2674  organization all documentation required for a student’s
 2675  participation, including the private school’s and student’s
 2676  individual fee schedule, and Complete student enrollment and
 2677  attendance verification requirements, including use of an online
 2678  attendance verification as required by the department or
 2679  scholarship-funding organization form, prior to scholarship
 2680  payment.
 2681         (e) Annually complete and submit to the department a
 2682  notarized scholarship compliance statement certifying that all
 2683  school employees and contracted personnel with direct student
 2684  contact have undergone background screening pursuant to s.
 2685  943.0542 and have met the screening standards as provided in s.
 2686  435.04.
 2687         (f) Demonstrate fiscal soundness and accountability by:
 2688         1. Being in operation for at least 3 school years or
 2689  obtaining a surety bond or letter of credit for the amount equal
 2690  to the scholarship funds for any quarter and filing the surety
 2691  bond or letter of credit with the department.
 2692         2. Requiring the parent of each scholarship student to
 2693  personally restrictively endorse the scholarship warrant to the
 2694  school or to approve a funds transfer before any funds are
 2695  deposited for a student. The school may not act as attorney in
 2696  fact for the parent of a scholarship student under the authority
 2697  of a power of attorney executed by such parent, or under any
 2698  other authority, to endorse a scholarship warrant or approve a
 2699  funds transfer warrants on behalf of such parent.
 2700         (g) Meet applicable state and local health, safety, and
 2701  welfare laws, codes, and rules, including:
 2702         1. Firesafety.
 2703         2. Building safety.
 2704         (h) Employ or contract with teachers who hold baccalaureate
 2705  or higher degrees, have at least 3 years of teaching experience
 2706  in public or private schools, or have special skills, knowledge,
 2707  or expertise that qualifies them to provide instruction in
 2708  subjects taught.
 2709         (i) Maintain a physical location in the state at which each
 2710  student has regular and direct contact with teachers.
 2711         (j) Publish on the school’s website, or provide in a
 2712  written format, information for parents regarding the school,
 2713  including, but not limited to, programs, services, and the
 2714  qualifications of classroom teachers.
 2715         (k) At a minimum, provide the parent of each scholarship
 2716  student with a written explanation of the student’s progress on
 2717  a quarterly basis.
 2718         (l) Cooperate with a student whose parent chooses to
 2719  participate in the statewide assessments pursuant to s. 1008.22.
 2720         (m)(i) Require each employee and contracted personnel with
 2721  direct student contact, upon employment or engagement to provide
 2722  services, to undergo a state and national background screening,
 2723  pursuant to s. 943.0542, by electronically filing with the
 2724  Department of Law Enforcement a complete set of fingerprints
 2725  taken by an authorized law enforcement agency or an employee of
 2726  the private school, a school district, or a private company who
 2727  is trained to take fingerprints and deny employment to or
 2728  terminate an employee if he or she fails to meet the screening
 2729  standards under s. 435.04. Results of the screening shall be
 2730  provided to the participating private school. For purposes of
 2731  this paragraph:
 2732         1. An “employee or contracted personnel with direct student
 2733  contact” means any employee or contracted personnel who has
 2734  unsupervised access to a scholarship student for whom the
 2735  private school is responsible.
 2736         2. The costs of fingerprinting and the background check
 2737  shall not be borne by the state.
 2738         3. Continued employment of an employee or contracted
 2739  personnel after notification that he or she has failed the
 2740  background screening under this paragraph shall cause a private
 2741  school to be ineligible for participation in a scholarship
 2742  program.
 2743         4. An employee or contracted personnel holding a valid
 2744  Florida teaching certificate who has been fingerprinted pursuant
 2745  to s. 1012.32 is not required to comply with the provisions of
 2746  this paragraph.
 2747         5.(3)(a) All fingerprints submitted to the Department of
 2748  Law Enforcement as required by this section shall be retained by
 2749  the Department of Law Enforcement in a manner provided by rule
 2750  and entered in the statewide automated biometric identification
 2751  system authorized by s. 943.05(2)(b). Such fingerprints shall
 2752  thereafter be available for all purposes and uses authorized for
 2753  arrest fingerprints entered in the statewide automated biometric
 2754  identification system pursuant to s. 943.051.
 2755         6.(b) The Department of Law Enforcement shall search all
 2756  arrest fingerprints received under s. 943.051 against the
 2757  fingerprints retained in the statewide automated biometric
 2758  identification system under subparagraph 5 paragraph (a). Any
 2759  arrest record that is identified with the retained fingerprints
 2760  of a person subject to the background screening under this
 2761  section shall be reported to the employing school with which the
 2762  person is affiliated. Each private school participating in a
 2763  scholarship program is required to participate in this search
 2764  process by informing the Department of Law Enforcement of any
 2765  change in the employment or contractual status of its personnel
 2766  whose fingerprints are retained under subparagraph 5 paragraph
 2767  (a). The Department of Law Enforcement shall adopt a rule
 2768  setting the amount of the annual fee to be imposed upon each
 2769  private school for performing these searches and establishing
 2770  the procedures for the retention of private school employee and
 2771  contracted personnel fingerprints and the dissemination of
 2772  search results. The fee may be borne by the private school or
 2773  the person fingerprinted.
 2774         7.(c) Employees and contracted personnel whose fingerprints
 2775  are not retained by the Department of Law Enforcement under
 2776  subparagraphs 5. and 6. paragraphs (a) and (b) are required to
 2777  be refingerprinted and must meet state and national background
 2778  screening requirements upon reemployment or reengagement to
 2779  provide services in order to comply with the requirements of
 2780  this section.
 2781         8.(d) Every 5 years following employment or engagement to
 2782  provide services with a private school, employees or contracted
 2783  personnel required to be screened under this section must meet
 2784  screening standards under s. 435.04, at which time the private
 2785  school shall request the Department of Law Enforcement to
 2786  forward the fingerprints to the Federal Bureau of Investigation
 2787  for national processing. If the fingerprints of employees or
 2788  contracted personnel are not retained by the Department of Law
 2789  Enforcement under subparagraph 5. paragraph (a), employees and
 2790  contracted personnel must electronically file a complete set of
 2791  fingerprints with the Department of Law Enforcement. Upon
 2792  submission of fingerprints for this purpose, the private school
 2793  shall request that the Department of Law Enforcement forward the
 2794  fingerprints to the Federal Bureau of Investigation for national
 2795  processing, and the fingerprints shall be retained by the
 2796  Department of Law Enforcement under subparagraph 5 paragraph
 2797  (a).
 2798         (4) A private school that accepts scholarship students
 2799  under s. 1002.39 or s. 1002.395 must:
 2800         (a) Disqualify instructional personnel and school
 2801  administrators, as defined in s. 1012.01, from employment in any
 2802  position that requires direct contact with students if the
 2803  personnel or administrators are ineligible for such employment
 2804  under s. 1012.315.
 2805         (n)(b) Adopt policies establishing standards of ethical
 2806  conduct for instructional personnel and school administrators.
 2807  The policies must require all instructional personnel and school
 2808  administrators, as defined in s. 1012.01, to complete training
 2809  on the standards; establish the duty of instructional personnel
 2810  and school administrators to report, and procedures for
 2811  reporting, alleged misconduct by other instructional personnel
 2812  and school administrators which affects the health, safety, or
 2813  welfare of a student; and include an explanation of the
 2814  liability protections provided under ss. 39.203 and 768.095. A
 2815  private school, or any of its employees, may not enter into a
 2816  confidentiality agreement regarding terminated or dismissed
 2817  instructional personnel or school administrators, or personnel
 2818  or administrators who resign in lieu of termination, based in
 2819  whole or in part on misconduct that affects the health, safety,
 2820  or welfare of a student, and may not provide the instructional
 2821  personnel or school administrators with employment references or
 2822  discuss the personnel’s or administrators’ performance with
 2823  prospective employers in another educational setting, without
 2824  disclosing the personnel’s or administrators’ misconduct. Any
 2825  part of an agreement or contract that has the purpose or effect
 2826  of concealing misconduct by instructional personnel or school
 2827  administrators which affects the health, safety, or welfare of a
 2828  student is void, is contrary to public policy, and may not be
 2829  enforced.
 2830         (o)(c) Before employing instructional personnel or school
 2831  administrators in any position that requires direct contact with
 2832  students, conduct employment history checks of each of the
 2833  personnel’s or administrators’ previous employers, screen the
 2834  personnel or administrators through use of the educator
 2835  screening tools described in s. 1001.10(5), and document the
 2836  findings. If unable to contact a previous employer, the private
 2837  school must document efforts to contact the employer.
 2838         (p) Require each owner or operator of the private school,
 2839  prior to employment or engagement to provide services, to
 2840  undergo level 2 background screening as provided under chapter
 2841  435. For purposes of this paragraph, the term “owner or
 2842  operator” means an owner, operator, superintendent, or principal
 2843  of, or a person with equivalent decisionmaking authority over, a
 2844  private school participating in a scholarship program
 2845  established pursuant to this chapter. The fingerprints for the
 2846  background screening must be electronically submitted to the
 2847  Department of Law Enforcement and may be taken by an authorized
 2848  law enforcement agency or a private company who is trained to
 2849  take fingerprints. However, the complete set of fingerprints of
 2850  an owner or operator may not be taken by the owner or operator.
 2851  The owner or operator shall provide a copy of the results of the
 2852  state and national criminal history check to the Department of
 2853  Education. The cost of the background screening may be borne by
 2854  the owner or operator.
 2855         1. Every 5 years following employment or engagement to
 2856  provide services, each owner or operator must meet level 2
 2857  screening standards as described in s. 435.04, at which time the
 2858  owner or operator shall request the Department of Law
 2859  Enforcement to forward the fingerprints to the Federal Bureau of
 2860  Investigation for level 2 screening. If the fingerprints of an
 2861  owner or operator are not retained by the Department of Law
 2862  Enforcement under subparagraph 2., the owner or operator must
 2863  electronically file a complete set of fingerprints with the
 2864  Department of Law Enforcement. Upon submission of fingerprints
 2865  for this purpose, the owner or operator shall request that the
 2866  Department of Law Enforcement forward the fingerprints to the
 2867  Federal Bureau of Investigation for level 2 screening, and the
 2868  fingerprints shall be retained by the Department of Law
 2869  Enforcement under subparagraph 2.
 2870         2. Fingerprints submitted to the Department of Law
 2871  Enforcement as required by this paragraph must be retained by
 2872  the Department of Law Enforcement in a manner approved by rule
 2873  and entered in the statewide automated biometric identification
 2874  system authorized by s. 943.05(2)(b). The fingerprints must
 2875  thereafter be available for all purposes and uses authorized for
 2876  arrest fingerprints entered in the statewide automated biometric
 2877  identification system pursuant to s. 943.051.
 2878         3. The Department of Law Enforcement shall search all
 2879  arrest fingerprints received under s. 943.051 against the
 2880  fingerprints retained in the statewide automated biometric
 2881  identification system under subparagraph 2. Any arrest record
 2882  that is identified with an owner’s or operator’s fingerprints
 2883  must be reported to the owner or operator, who must report to
 2884  the Department of Education. Any costs associated with the
 2885  search shall be borne by the owner or operator.
 2886         4. An owner or operator who fails the level 2 background
 2887  screening is not eligible to participate in a scholarship
 2888  program under this chapter.
 2889         5. In addition to the offenses listed in s. 435.04, a
 2890  person required to undergo background screening pursuant to this
 2891  part or authorizing statutes may not have an arrest awaiting
 2892  final disposition for, must not have been found guilty of, or
 2893  entered a plea of nolo contendere to, regardless of
 2894  adjudication, and must not have been adjudicated delinquent for,
 2895  and the record must not have been sealed or expunged for, any of
 2896  the following offenses or any similar offense of another
 2897  jurisdiction:
 2898         a. Any authorizing statutes, if the offense was a felony.
 2899         b. This chapter, if the offense was a felony.
 2900         c. Section 409.920, relating to Medicaid provider fraud.
 2901         d. Section 409.9201, relating to Medicaid fraud.
 2902         e. Section 741.28, relating to domestic violence.
 2903         f. Section 817.034, relating to fraudulent acts through
 2904  mail, wire, radio, electromagnetic, photoelectronic, or
 2905  photooptical systems.
 2906         g. Section 817.234, relating to false and fraudulent
 2907  insurance claims.
 2908         h. Section 817.505, relating to patient brokering.
 2909         i. Section 817.568, relating to criminal use of personal
 2910  identification information.
 2911         j. Section 817.60, relating to obtaining a credit card
 2912  through fraudulent means.
 2913         k. Section 817.61, relating to fraudulent use of credit
 2914  cards, if the offense was a felony.
 2915         l. Section 831.01, relating to forgery.
 2916         m. Section 831.02, relating to uttering forged instruments.
 2917         n. Section 831.07, relating to forging bank bills, checks,
 2918  drafts, or promissory notes.
 2919         o. Section 831.09, relating to uttering forged bank bills,
 2920  checks, drafts, or promissory notes.
 2921         p. Section 831.30, relating to fraud in obtaining medicinal
 2922  drugs.
 2923         q. Section 831.31, relating to the sale, manufacture,
 2924  delivery, or possession with the intent to sell, manufacture, or
 2925  deliver any counterfeit controlled substance, if the offense was
 2926  a felony.
 2927         6. At least 30 calendar days before a transfer of ownership
 2928  of a private school, the owner or operator shall notify the
 2929  parent of each scholarship student.
 2930         7. The owner or operator of a private school that has been
 2931  deemed ineligible to participate in a scholarship program
 2932  pursuant to this chapter may not transfer ownership or
 2933  management authority of the school to a relative in order to
 2934  participate in a scholarship program as the same school or a new
 2935  school. For purposes of this subparagraph, the term “relative”
 2936  means father, mother, son, daughter, grandfather, grandmother,
 2937  brother, sister, uncle, aunt, cousin, nephew, niece, husband,
 2938  wife, father-in-law, mother-in-law, son-in-law, daughter-in-law,
 2939  brother-in-law, sister-in-law, stepfather, stepmother, stepson,
 2940  stepdaughter, stepbrother, stepsister, half-brother, or half
 2941  sister.
 2942         (q) Provide a report from an independent certified public
 2943  accountant who performs the agreed-upon procedures developed
 2944  pursuant to s. 1002.395(6)(o) if the private school receives
 2945  more than $250,000 in funds from scholarships awarded under this
 2946  chapter in a state fiscal year. A private school subject to this
 2947  subsection must annually submit the report by September 15 to
 2948  the scholarship-funding organization that awarded the majority
 2949  of the school’s scholarship funds. However, a school that
 2950  receives more than $250,000 in scholarship funds only through
 2951  the John M. McKay Scholarship for Students with Disabilities
 2952  Program pursuant to s. 1002.39 must submit the annual report by
 2953  September 15 to the department. The agreed-upon procedures must
 2954  be conducted in accordance with attestation standards
 2955  established by the American Institute of Certified Public
 2956  Accountants.
 2957  
 2958  The department shall suspend the payment of funds under ss.
 2959  1002.39 and 1002.395 to a private school that knowingly fails to
 2960  comply with this subsection, and shall prohibit the school from
 2961  enrolling new scholarship students, for 1 fiscal year and until
 2962  the school complies.
 2963         (5) If The inability of a private school fails to meet the
 2964  requirements of this subsection or has consecutive years of
 2965  material exceptions listed in the report required under
 2966  paragraph (q), the commissioner may determine that the private
 2967  school is ineligible section shall constitute a basis for the
 2968  ineligibility of the private school to participate in a
 2969  scholarship program as determined by the department.
 2970         (2) DEPARTMENT OF EDUCATION OBLIGATIONS.—
 2971         (a) The Department of Education shall:
 2972         1. Annually verify the eligibility of private schools that
 2973  meet the requirements of this section, specific requirements
 2974  identified within respective scholarship program laws, and other
 2975  provisions of state law that apply to private schools.
 2976         2. Establish a toll-free hotline that provides parents and
 2977  private schools with information on participation in the
 2978  scholarship programs.
 2979         3. Establish a process by which individuals may notify the
 2980  department of any violation by a parent, private school, or
 2981  school district of state laws relating to program participation.
 2982  If the department has reasonable cause to believe that a
 2983  violation of this section or any rule adopted by the State Board
 2984  of Education has occurred, it shall conduct an inquiry or make a
 2985  referral to the appropriate agency for an investigation. A
 2986  department inquiry is not subject to the requirements of chapter
 2987  120.
 2988         4. Require an annual, notarized, sworn compliance statement
 2989  from participating private schools certifying compliance with
 2990  state laws, and retain such records.
 2991         5. Coordinate with the entities conducting the health
 2992  inspection for a private school to obtain copies of the
 2993  inspection reports.
 2994         6. Conduct site visits to private schools entering a
 2995  scholarship program for the first time. Beginning with the 2019
 2996  2020 school year, a private school is not eligible to receive
 2997  scholarship payments until a satisfactory site visit has been
 2998  conducted and the school is in compliance with all other
 2999  requirements of this section.
 3000         7. Coordinate with the State Fire Marshal to obtain access
 3001  to fire inspection reports for private schools. The authority
 3002  conducting the fire safety inspection shall certify to the State
 3003  Fire Marshal that the annual inspection has been completed and
 3004  that the school is in full compliance. The certification shall
 3005  be made electronically or by such other means as directed by the
 3006  State Fire Marshal.
 3007         8. Upon the request of a participating private school
 3008  authorized to administer statewide assessments, provide at no
 3009  cost to the school the statewide assessments administered under
 3010  s. 1008.22 and any related materials for administering the
 3011  assessments. Students at a private school may be assessed using
 3012  the statewide assessments if the addition of those students and
 3013  the school does not cause the state to exceed its contractual
 3014  caps for the number of students tested and the number of testing
 3015  sites. The state shall provide the same materials and support to
 3016  a private school that it provides to a public school. A private
 3017  school that chooses to administer statewide assessments under s.
 3018  1008.22 shall follow the requirements set forth in ss. 1008.22
 3019  and 1008.24, rules adopted by the State Board of Education to
 3020  implement those sections, and district-level testing policies
 3021  established by the district school board.
 3022         (b) The department may conduct site visits to any private
 3023  school participating in a scholarship program pursuant to this
 3024  chapter that has received a complaint about a violation of state
 3025  law or state board rule pursuant to subparagraph (a)3. or has
 3026  received a notice of noncompliance or a notice of proposed
 3027  action within the previous 2 years.
 3028         (c) Annually, by December 15, the department shall report
 3029  to the Governor, the President of the Senate, and the Speaker of
 3030  the House of Representatives its actions in implementing
 3031  accountability in the scholarship programs under this section,
 3032  any substantiated allegations or violations of law or rule by an
 3033  eligible private school under this section, and the corrective
 3034  action taken.
 3035         (3) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.
 3036  The Commissioner of Education:
 3037         (a) Shall deny, suspend, or revoke a private school’s
 3038  participation in a scholarship program if it is determined that
 3039  the private school has failed to comply with this section or
 3040  exhibits a previous pattern of failure to comply. However, if
 3041  the noncompliance is correctable within a reasonable amount of
 3042  time, not to exceed 45 days, and if the health, safety, or
 3043  welfare of the students is not threatened, the commissioner may
 3044  issue a notice of noncompliance which provides the private
 3045  school with a timeframe within which to provide evidence of
 3046  compliance before taking action to suspend or revoke the private
 3047  school’s participation in the scholarship program.
 3048         (b) May deny, suspend, or revoke a private school’s
 3049  participation in a scholarship program if the commissioner
 3050  determines that an owner or operator of the private school is
 3051  operating or has operated an educational institution in this
 3052  state or in another state or jurisdiction in a manner contrary
 3053  to the health, safety, or welfare of the public or if the owner
 3054  or operator has exhibited a previous pattern of failure to
 3055  comply with this section or specific requirements identified
 3056  within respective scholarship program laws. For purposes of this
 3057  subsection, the term “owner or operator” has the same meaning as
 3058  provided in paragraph (1)(p).
 3059         (c)1. In making such a determination, may consider factors
 3060  that include, but are not limited to, acts or omissions by an
 3061  owner or operator which led to a previous denial, suspension, or
 3062  revocation of participation in a state or federal education
 3063  scholarship program; an owner’s or operator’s failure to
 3064  reimburse the department or scholarship-funding organization for
 3065  scholarship funds improperly received or retained by a school;
 3066  the imposition of a prior criminal sanction related to an
 3067  owner’s or operator’s management or operation of an educational
 3068  institution; the imposition of a civil fine or administrative
 3069  fine, license revocation or suspension, or program eligibility
 3070  suspension, termination, or revocation related to an owner’s or
 3071  operator’s management or operation of an educational
 3072  institution; or other types of criminal proceedings in which an
 3073  owner or operator was found guilty of, regardless of
 3074  adjudication, or entered a plea of nolo contendere or guilty to,
 3075  any offense involving fraud, deceit, dishonesty, or moral
 3076  turpitude.
 3077         2. The commissioner’s determination is subject to the
 3078  following:
 3079         a. If the commissioner intends to deny, suspend, or revoke
 3080  a private school’s participation in the scholarship program, the
 3081  department shall notify the private school of such proposed
 3082  action in writing by certified mail and regular mail to the
 3083  private school’s address of record with the department. The
 3084  notification shall include the reasons for the proposed action
 3085  and notice of the timelines and procedures set forth in this
 3086  paragraph.
 3087         b. The private school that is adversely affected by the
 3088  proposed action shall have 15 days after receipt of the notice
 3089  of proposed action to file with the department’s agency clerk a
 3090  request for a proceeding pursuant to ss. 120.569 and 120.57. If
 3091  the private school is entitled to a hearing under s. 120.57(1),
 3092  the department shall forward the request to the Division of
 3093  Administrative Hearings.
 3094         c. Upon receipt of a request referred pursuant to this
 3095  subparagraph, the director of the Division of Administrative
 3096  Hearings shall expedite the hearing and assign an administrative
 3097  law judge who shall commence a hearing within 30 days after the
 3098  receipt of the formal written request by the division and enter
 3099  a recommended order within 30 days after the hearing or within
 3100  30 days after receipt of the hearing transcript, whichever is
 3101  later. Each party shall be allowed 10 days in which to submit
 3102  written exceptions to the recommended order. A final order shall
 3103  be entered by the agency within 30 days after the entry of a
 3104  recommended order. The provisions of this sub-subparagraph may
 3105  be waived upon stipulation by all parties.
 3106         (d) May immediately suspend payment of scholarship funds if
 3107  it is determined that there is probable cause to believe that
 3108  there is:
 3109         1. An imminent threat to the health, safety, or welfare of
 3110  the students;
 3111         2. A previous pattern of failure to comply with this
 3112  section; or
 3113         3. Fraudulent activity on the part of the private school.
 3114  Notwithstanding s. 1002.22, in incidents of alleged fraudulent
 3115  activity pursuant to this section, the department’s Office of
 3116  Inspector General is authorized to release personally
 3117  identifiable records or reports of students to the following
 3118  persons or organizations:
 3119         a. A court of competent jurisdiction in compliance with an
 3120  order of that court or the attorney of record in accordance with
 3121  a lawfully issued subpoena, consistent with the Family
 3122  Educational Rights and Privacy Act, 20 U.S.C. s. 1232g.
 3123         b. A person or entity authorized by a court of competent
 3124  jurisdiction in compliance with an order of that court or the
 3125  attorney of record pursuant to a lawfully issued subpoena,
 3126  consistent with the Family Educational Rights and Privacy Act,
 3127  20 U.S.C. s. 1232g.
 3128         c. Any person, entity, or authority issuing a subpoena for
 3129  law enforcement purposes when the court or other issuing agency
 3130  has ordered that the existence or the contents of the subpoena
 3131  or the information furnished in response to the subpoena not be
 3132  disclosed, consistent with the Family Educational Rights and
 3133  Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31.
 3134  
 3135  The commissioner’s order suspending payment pursuant to this
 3136  paragraph may be appealed pursuant to the same procedures and
 3137  timelines as the notice of proposed action set forth in
 3138  subparagraph (c)2.
 3139         (4)(6) The inclusion of eligible private schools within
 3140  options available to Florida public school students does not
 3141  expand the regulatory authority of the state, its officers, or
 3142  any school district to impose any additional regulation of
 3143  private schools beyond those reasonably necessary to enforce
 3144  requirements expressly set forth in this section.
 3145         (5)(7) The State Board of Education shall adopt rules
 3146  pursuant to ss. 120.536(1) and 120.54 to administer this
 3147  section, including rules to establish a deadline for private
 3148  school applications for participation and timelines for the
 3149  department to conduct site visits.
 3150         Section 21. Subsection (5) of section 1002.55, Florida
 3151  Statutes, is amended to read:
 3152         1002.55 School-year prekindergarten program delivered by
 3153  private prekindergarten providers.—
 3154         (5)(a) Notwithstanding paragraph (3)(b), a private
 3155  prekindergarten provider may not participate in the Voluntary
 3156  Prekindergarten Education Program if the provider has child
 3157  disciplinary policies that do not prohibit children from being
 3158  subjected to discipline that is severe, humiliating,
 3159  frightening, or associated with food, rest, toileting, spanking,
 3160  or any other form of physical punishment as provided in s.
 3161  402.305(12).
 3162         (b) Notwithstanding any other provision of law, if a
 3163  private prekindergarten provider has been cited for a class I
 3164  violation, as defined by rule, the coalition may refuse to
 3165  contract with the provider.
 3166         Section 22. Paragraph (c) of subsection (3) of section
 3167  1002.75, Florida Statutes, is amended to read:
 3168         1002.75 Office of Early Learning; powers and duties.—
 3169         (3) The Office of Early Learning shall adopt, in
 3170  consultation with and subject to approval by the department,
 3171  procedures governing the administration of the Voluntary
 3172  Prekindergarten Education Program by the early learning
 3173  coalitions and school districts for:
 3174         (c) Removing a private prekindergarten provider or public
 3175  school from eligibility to deliver the program due to the
 3176  provider’s or school’s remaining on probation beyond the time
 3177  permitted under s. 1002.67. Notwithstanding any other provision
 3178  of law, if a private prekindergarten provider has been cited for
 3179  a class I violation, as defined by rule, the coalition may
 3180  refuse to contract with the provider or revoke the provider’s
 3181  eligibility to deliver the Voluntary Prekindergarten Education
 3182  Program.
 3183         Section 23. Subsection (2) of section 1002.88, Florida
 3184  Statutes, is amended to read:
 3185         1002.88 School readiness program provider standards;
 3186  eligibility to deliver the school readiness program.—
 3187         (2)(a) If a school readiness program provider fails or
 3188  refuses to comply with this part or any contractual obligation
 3189  of the statewide provider contract under s. 1002.82(2)(m), the
 3190  coalition may revoke the provider’s eligibility to deliver the
 3191  school readiness program or receive state or federal funds under
 3192  this chapter for a period of 5 years.
 3193         (b) Notwithstanding any other provision of law, if a school
 3194  readiness program provider has been cited for a class I
 3195  violation, as defined by rule, the coalition may refuse to
 3196  contract with the provider or revoke the provider’s eligibility
 3197  to deliver the school readiness program.
 3198         Section 24. Subsection (4) is added to section 1003.44,
 3199  Florida Statutes, to read:
 3200         1003.44 Patriotic programs; rules.—
 3201         (4) Each district school board shall adopt rules to
 3202  require, in all of the schools of the district and in each
 3203  building used by the district school board, the display of the
 3204  state motto, “In God We Trust,” designated under s. 15.0301, in
 3205  a conspicuous place.
 3206         Section 25. Subsection (3) of section 1003.453, Florida
 3207  Statutes, is amended to read:
 3208         1003.453 School wellness and physical education policies;
 3209  nutrition guidelines.—
 3210         (3) School districts are encouraged to provide basic
 3211  training in first aid, including cardiopulmonary resuscitation,
 3212  for all students, beginning in grade 6 and every 2 years
 3213  thereafter. Instruction in the use of cardiopulmonary
 3214  resuscitation must be based on a nationally recognized program
 3215  that uses the most current evidence-based emergency
 3216  cardiovascular care guidelines. The instruction must allow
 3217  students to practice the psychomotor skills associated with
 3218  performing cardiopulmonary resuscitation and use an automated
 3219  external defibrillator when a school district has the equipment
 3220  necessary to perform the instruction. Private and public
 3221  partnerships for providing training or necessary funding are
 3222  encouraged.
 3223         Section 26. Section 1003.576, Florida Statutes, is amended
 3224  to read:
 3225         1003.576 Individual education plans for exceptional
 3226  students.—The Department of Education must develop and have an
 3227  operating electronic IEP system in place for potential statewide
 3228  use no later than July 1, 2007. The statewide system shall be
 3229  developed collaboratively with school districts and must include
 3230  input from school districts currently developing or operating
 3231  electronic IEP systems.
 3232         Section 27. Section 1006.061, Florida Statutes, is amended
 3233  to read:
 3234         1006.061 Child abuse, abandonment, and neglect policy.—Each
 3235  district school board, charter school, and private school that
 3236  accepts scholarship students who participate in a state
 3237  scholarship program under chapter 1002 under s. 1002.39 or s.
 3238  1002.395 shall:
 3239         (1) Post in a prominent place in each school a notice that,
 3240  pursuant to chapter 39, all employees and agents of the district
 3241  school board, charter school, or private school have an
 3242  affirmative duty to report all actual or suspected cases of
 3243  child abuse, abandonment, or neglect; have immunity from
 3244  liability if they report such cases in good faith; and have a
 3245  duty to comply with child protective investigations and all
 3246  other provisions of law relating to child abuse, abandonment,
 3247  and neglect. The notice shall also include the statewide toll
 3248  free telephone number of the central abuse hotline.
 3249         (2) Post in a prominent place at each school site and on
 3250  each school’s Internet website, if available, the policies and
 3251  procedures for reporting alleged misconduct by instructional
 3252  personnel or school administrators which affects the health,
 3253  safety, or welfare of a student; the contact person to whom the
 3254  report is made; and the penalties imposed on instructional
 3255  personnel or school administrators who fail to report suspected
 3256  or actual child abuse or alleged misconduct by other
 3257  instructional personnel or school administrators.
 3258         (3) Require the principal of the charter school or private
 3259  school, or the district school superintendent, or the
 3260  superintendent’s designee, at the request of the Department of
 3261  Children and Families, to act as a liaison to the Department of
 3262  Children and Families and the child protection team, as defined
 3263  in s. 39.01, when in a case of suspected child abuse,
 3264  abandonment, or neglect or an unlawful sexual offense involving
 3265  a child the case is referred to such a team; except that this
 3266  does not relieve or restrict the Department of Children and
 3267  Families from discharging its duty and responsibility under the
 3268  law to investigate and report every suspected or actual case of
 3269  child abuse, abandonment, or neglect or unlawful sexual offense
 3270  involving a child.
 3271         (4)(a) Post in a prominent place in a clearly visible
 3272  location and public area of the school which is readily
 3273  accessible to and widely used by students a sign in English and
 3274  Spanish that contains:
 3275         1. The statewide toll-free telephone number of the central
 3276  abuse hotline as provided in chapter 39;
 3277         2. Instructions to call 911 for emergencies; and
 3278         3. Directions for accessing the Department of Children and
 3279  Families Internet website for more information on reporting
 3280  abuse, neglect, and exploitation.
 3281         (b) The information in paragraph (a) must be put on at
 3282  least one poster in each school, on a sheet that measures at
 3283  least 11 inches by 17 inches, produced in large print, and
 3284  placed at student eye level for easy viewing.
 3285  
 3286  The Department of Education shall develop, and publish on the
 3287  department’s Internet website, sample notices suitable for
 3288  posting in accordance with subsections (1), (2), and (4).
 3289         Section 28. Paragraphs (c), (d), and (e) of subsection (3)
 3290  of section 1006.15, Florida Statutes, are amended to read:
 3291         1006.15 Student standards for participation in
 3292  interscholastic and intrascholastic extracurricular student
 3293  activities; regulation.—
 3294         (3)
 3295         (c) An individual home education student is eligible to
 3296  participate at the public school to which the student would be
 3297  assigned according to district school board attendance area
 3298  policies or which the student could choose to attend pursuant to
 3299  s. 1002.31, or may develop an agreement to participate at a
 3300  private school, in the interscholastic extracurricular
 3301  activities of that school, provided the following conditions are
 3302  met:
 3303         1. The home education student must meet the requirements of
 3304  the home education program pursuant to s. 1002.41.
 3305         2. During the period of participation at a school, the home
 3306  education student must demonstrate educational progress as
 3307  required in paragraph (b) in all subjects taken in the home
 3308  education program by a method of evaluation agreed upon by the
 3309  parent and the school principal which may include: review of the
 3310  student’s work by a certified teacher chosen by the parent;
 3311  grades earned through correspondence; grades earned in courses
 3312  taken at a Florida College System institution, university, or
 3313  trade school; standardized test scores above the 35th
 3314  percentile; or any other method designated in s. 1002.41.
 3315         3. The home education student must meet the same residency
 3316  requirements as other students in the school at which he or she
 3317  participates.
 3318         4. The home education student must meet the same standards
 3319  of acceptance, behavior, and performance as required of other
 3320  students in extracurricular activities.
 3321         5. The student must register with the school his or her
 3322  intent to participate in interscholastic extracurricular
 3323  activities as a representative of the school before
 3324  participation the beginning date of the season for the activity
 3325  in which he or she wishes to participate. A home education
 3326  student must be able to participate in curricular activities if
 3327  that is a requirement for an extracurricular activity.
 3328         6. A student who transfers from a home education program to
 3329  a public school before or during the first grading period of the
 3330  school year is academically eligible to participate in
 3331  interscholastic extracurricular activities during the first
 3332  grading period provided the student has a successful evaluation
 3333  from the previous school year, pursuant to subparagraph 2.
 3334         7. Any public school or private school student who has been
 3335  unable to maintain academic eligibility for participation in
 3336  interscholastic extracurricular activities is ineligible to
 3337  participate in such activities as a home education student until
 3338  the student has successfully completed one grading period in
 3339  home education pursuant to subparagraph 2. to become eligible to
 3340  participate as a home education student.
 3341         (d) An individual charter school student pursuant to s.
 3342  1002.33 is eligible to participate at the public school to which
 3343  the student would be assigned according to district school board
 3344  attendance area policies or which the student could attend in
 3345  any interscholastic extracurricular activity of that school,
 3346  unless such activity is provided by the student’s charter
 3347  school, if the following conditions are met:
 3348         1. The charter school student must meet the requirements of
 3349  the charter school education program as determined by the
 3350  charter school governing board.
 3351         2. During the period of participation at a school, the
 3352  charter school student must demonstrate educational progress as
 3353  required in paragraph (b).
 3354         3. The charter school student must meet the same residency
 3355  requirements as other students in the school at which he or she
 3356  participates.
 3357         4. The charter school student must meet the same standards
 3358  of acceptance, behavior, and performance that are required of
 3359  other students in extracurricular activities.
 3360         5. The charter school student must register with the school
 3361  his or her intent to participate in interscholastic
 3362  extracurricular activities as a representative of the school
 3363  before participation the beginning date of the season for the
 3364  activity in which he or she wishes to participate. A charter
 3365  school student must be able to participate in curricular
 3366  activities if that is a requirement for an extracurricular
 3367  activity.
 3368         6. A student who transfers from a charter school program to
 3369  a traditional public school before or during the first grading
 3370  period of the school year is academically eligible to
 3371  participate in interscholastic extracurricular activities during
 3372  the first grading period if the student has a successful
 3373  evaluation from the previous school year, pursuant to
 3374  subparagraph 2.
 3375         7. Any public school or private school student who has been
 3376  unable to maintain academic eligibility for participation in
 3377  interscholastic extracurricular activities is ineligible to
 3378  participate in such activities as a charter school student until
 3379  the student has successfully completed one grading period in a
 3380  charter school pursuant to subparagraph 2. to become eligible to
 3381  participate as a charter school student.
 3382         (e) A student of the Florida Virtual School full-time
 3383  program may participate in any interscholastic extracurricular
 3384  activity at the public school to which the student would be
 3385  assigned according to district school board attendance area
 3386  policies or which the student could choose to attend pursuant to
 3387  s. 1002.31 if the student:
 3388         1. During the period of participation in the
 3389  interscholastic extracurricular activity, meets the requirements
 3390  in paragraph (a).
 3391         2. Meets any additional requirements as determined by the
 3392  board of trustees of the Florida Virtual School.
 3393         3. Meets the same residency requirements as other students
 3394  in the school at which he or she participates.
 3395         4. Meets the same standards of acceptance, behavior, and
 3396  performance that are required of other students in
 3397  extracurricular activities.
 3398         5. Registers his or her intent to participate in
 3399  interscholastic extracurricular activities with the school
 3400  before participation the beginning date of the season for the
 3401  activity in which he or she wishes to participate. A Florida
 3402  Virtual school student must be able to participate in curricular
 3403  activities if that is a requirement for an extracurricular
 3404  activity.
 3405         Section 29. Subsections (3) and (13) and paragraph (b) of
 3406  subsection (24) of section 1007.271, Florida Statutes, are
 3407  amended to read:
 3408         1007.271 Dual enrollment programs.—
 3409         (3) Student eligibility requirements for initial enrollment
 3410  in college credit dual enrollment courses must include a 3.0
 3411  unweighted high school grade point average and the minimum score
 3412  on a common placement test adopted by the State Board of
 3413  Education which indicates that the student is ready for college
 3414  level coursework. Student eligibility requirements for continued
 3415  enrollment in college credit dual enrollment courses must
 3416  include the maintenance of a 3.0 unweighted high school grade
 3417  point average and the minimum postsecondary grade point average
 3418  established by the postsecondary institution. Regardless of
 3419  meeting student eligibility requirements for continued
 3420  enrollment, a student may lose the opportunity to participate in
 3421  a dual enrollment course if the student is disruptive to the
 3422  learning process such that the progress of other students or the
 3423  efficient administration of the course is hindered. Student
 3424  eligibility requirements for initial and continued enrollment in
 3425  career certificate dual enrollment courses must include a 2.0
 3426  unweighted high school grade point average. Exceptions to the
 3427  required grade point averages may be granted on an individual
 3428  student basis if the educational entities agree and the terms of
 3429  the agreement are contained within the dual enrollment
 3430  articulation agreement established pursuant to subsection (21).
 3431  Florida College System institution boards of trustees may
 3432  establish additional initial student eligibility requirements,
 3433  which shall be included in the dual enrollment articulation
 3434  agreement, to ensure student readiness for postsecondary
 3435  instruction. Additional requirements included in the agreement
 3436  may not arbitrarily prohibit students who have demonstrated the
 3437  ability to master advanced courses from participating in dual
 3438  enrollment courses or limit the number of dual enrollment
 3439  courses in which a student may enroll based solely upon
 3440  enrollment by the student at an independent postsecondary
 3441  institution.
 3442         (13)(a) The dual enrollment program for a home education
 3443  student, including, but not limited to, students with
 3444  disabilities, consists of the enrollment of an eligible home
 3445  education secondary student in a postsecondary course creditable
 3446  toward an associate degree, a career certificate, or a
 3447  baccalaureate degree. To participate in the dual enrollment
 3448  program, an eligible home education secondary student must:
 3449         1. Provide proof of enrollment in a home education program
 3450  pursuant to s. 1002.41.
 3451         2. Be responsible for his or her own instructional
 3452  materials and transportation unless provided for in the
 3453  articulation agreement.
 3454         3. Sign a home education articulation agreement pursuant to
 3455  paragraph (b).
 3456         (b) Each public postsecondary institution eligible to
 3457  participate in the dual enrollment program pursuant to s.
 3458  1011.62(1)(i) must enter into a home education articulation
 3459  agreement with each home education student seeking enrollment in
 3460  a dual enrollment course and the student’s parent. By August 1
 3461  of each year, the eligible postsecondary institution shall
 3462  complete and submit the home education articulation agreement to
 3463  the Department of Education. The home education articulation
 3464  agreement must include, at a minimum:
 3465         1. A delineation of courses and programs available to
 3466  dually enrolled home education students. Courses and programs
 3467  may be added, revised, or deleted at any time by the
 3468  postsecondary institution. Any course or program limitations may
 3469  not exceed the limitations for other dually enrolled students.
 3470         2. The initial and continued eligibility requirements for
 3471  home education student participation, not to exceed those
 3472  required of other dually enrolled students. A high school grade
 3473  point average may not be required for home education students
 3474  who meet the minimum score on a common placement test adopted by
 3475  the State Board of Education which indicates that the student is
 3476  ready for college-level coursework; however, home education
 3477  student eligibility requirements for continued enrollment in
 3478  dual enrollment courses must include the maintenance of the
 3479  minimum postsecondary grade point average established by the
 3480  postsecondary institution.
 3481         3. The student’s responsibilities for providing his or her
 3482  own instructional materials and transportation.
 3483         4. A copy of the statement on transfer guarantees developed
 3484  by the Department of Education under subsection (15).
 3485         (24)
 3486         (b) Each public postsecondary institution eligible to
 3487  participate in the dual enrollment program pursuant to s.
 3488  1011.62(1)(i) must enter into a private school articulation
 3489  agreement with each eligible private school in its geographic
 3490  service area seeking to offer dual enrollment courses to its
 3491  students, including, but not limited to, students with
 3492  disabilities. By August 1 of each year, the eligible
 3493  postsecondary institution shall complete and submit the private
 3494  school articulation agreement to the Department of Education.
 3495  The private school articulation agreement must include, at a
 3496  minimum:
 3497         1. A delineation of courses and programs available to the
 3498  private school student. The postsecondary institution may add,
 3499  revise, or delete courses and programs at any time.
 3500         2. The initial and continued eligibility requirements for
 3501  private school student participation, not to exceed those
 3502  required of other dual enrollment students.
 3503         3. The student’s responsibilities for providing his or her
 3504  own instructional materials and transportation.
 3505         4. A provision clarifying that the private school will
 3506  award appropriate credit toward high school completion for the
 3507  postsecondary course under the dual enrollment program.
 3508         5. A provision expressing that costs associated with
 3509  tuition and fees, including registration, and laboratory fees,
 3510  will not be passed along to the student.
 3511         6. A provision stating whether the private school will
 3512  compensate the postsecondary institution for the standard
 3513  tuition rate per credit hour for each dual enrollment course
 3514  taken by its students.
 3515         Section 30. Paragraph (a) of subsection (3) and paragraph
 3516  (a) of subsection (8) of section 1008.22, Florida Statutes, are
 3517  amended to read:
 3518         1008.22 Student assessment program for public schools.—
 3519         (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The
 3520  Commissioner of Education shall design and implement a
 3521  statewide, standardized assessment program aligned to the core
 3522  curricular content established in the Next Generation Sunshine
 3523  State Standards. The commissioner also must develop or select
 3524  and implement a common battery of assessment tools that will be
 3525  used in all juvenile justice education programs in the state.
 3526  These tools must accurately measure the core curricular content
 3527  established in the Next Generation Sunshine State Standards.
 3528  Participation in the assessment program is mandatory for all
 3529  school districts and all students attending public schools,
 3530  including adult students seeking a standard high school diploma
 3531  under s. 1003.4282 and students in Department of Juvenile
 3532  Justice education programs, except as otherwise provided by law.
 3533  If a student does not participate in the assessment program, the
 3534  school district must notify the student’s parent and provide the
 3535  parent with information regarding the implications of such
 3536  nonparticipation. The statewide, standardized assessment program
 3537  shall be designed and implemented as follows:
 3538         (a) Statewide, standardized comprehensive assessments.—The
 3539  statewide, standardized Reading assessment shall be administered
 3540  annually in grades 3 through 10. The statewide, standardized
 3541  Writing assessment shall be administered annually at least once
 3542  at the elementary, middle, and high school levels. When the
 3543  Reading and Writing assessments are replaced by English Language
 3544  Arts (ELA) assessments, ELA assessments shall be administered to
 3545  students in grades 3 through 10. Retake opportunities for the
 3546  grade 10 Reading assessment or, upon implementation, the grade
 3547  10 ELA assessment must be provided. Students taking the ELA
 3548  assessments shall not take the statewide, standardized
 3549  assessments in Reading or Writing. Reading passages and writing
 3550  prompts for ELA assessments shall incorporate grade-level core
 3551  curricula content from social studies be administered online.
 3552  The statewide, standardized Mathematics assessments shall be
 3553  administered annually in grades 3 through 8. Students taking a
 3554  revised Mathematics assessment shall not take the discontinued
 3555  assessment. The statewide, standardized Science assessment shall
 3556  be administered annually at least once at the elementary and
 3557  middle grades levels. In order to earn a standard high school
 3558  diploma, a student who has not earned a passing score on the
 3559  grade 10 Reading assessment or, upon implementation, the grade
 3560  10 ELA assessment must earn a passing score on the assessment
 3561  retake or earn a concordant score as authorized under subsection
 3562  (9).
 3563         (8) PUBLICATION OF ASSESSMENTS.—To promote transparency in
 3564  the statewide assessment program, in any procurement for the ELA
 3565  assessment in grades 3 through 10 and the mathematics assessment
 3566  in grades 3 through 8, the Department of Education shall solicit
 3567  cost proposals for publication of the state assessments on its
 3568  website in accordance with this subsection.
 3569         (a) The department shall publish each assessment
 3570  administered under paragraph (3)(a) and subparagraph (3)(b)1.,
 3571  excluding assessment retakes, at least once on a triennial basis
 3572  pursuant to a schedule determined by the Commissioner of
 3573  Education. Each assessment, when published, must have been
 3574  administered during the most recent school year and be in a
 3575  format that facilitates the sharing of assessment items.
 3576         Section 31. Paragraphs (f), (o), and (t) of subsection (1),
 3577  paragraph (b) of subsection (6), and paragraphs (a), (c), and
 3578  (d) of subsection (9) of section 1011.62, Florida Statutes, are
 3579  amended to read:
 3580         1011.62 Funds for operation of schools.—If the annual
 3581  allocation from the Florida Education Finance Program to each
 3582  district for operation of schools is not determined in the
 3583  annual appropriations act or the substantive bill implementing
 3584  the annual appropriations act, it shall be determined as
 3585  follows:
 3586         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
 3587  OPERATION.—The following procedure shall be followed in
 3588  determining the annual allocation to each district for
 3589  operation:
 3590         (f) Supplemental academic instruction allocation;
 3591  categorical fund.—
 3592         1. There is created the supplemental academic instruction
 3593  allocation a categorical fund to provide supplemental academic
 3594  instruction to students in kindergarten through grade 12. This
 3595  paragraph may be cited as the “Supplemental Academic Instruction
 3596  Categorical Fund.”
 3597         2. The supplemental academic instruction allocation shall
 3598  be provided annually in the Florida Education Finance Program as
 3599  specified in the General Appropriations Act. These funds are
 3600  categorical fund is in addition to the funds appropriated on the
 3601  basis of FTE student membership in the Florida Education Finance
 3602  Program and shall be included in the total potential funds of
 3603  each district. Beginning with the 2018-2019 fiscal year, These
 3604  funds shall be used to provide supplemental academic instruction
 3605  to students enrolled in the K-12 program. each school district
 3606  that has a school earning a grade of “D” or “F” pursuant to s.
 3607  1008.34 must use that school’s portion of the supplemental
 3608  academic instruction allocation to implement intervention and
 3609  support strategies for school improvement pursuant to s. 1008.33
 3610  and for salary incentives pursuant to s. 1012.2315(3) or salary
 3611  supplements pursuant to s. 1012.22(1)(c)5.c. that are provided
 3612  through a memorandum of understanding between the collective
 3613  bargaining agent and the school board that addresses the
 3614  selection, placement, and expectations of instructional
 3615  personnel and school administrators. For all other schools, the
 3616  school district’s use of the supplemental academic instruction
 3617  allocation one or more of the 300 lowest-performing elementary
 3618  schools based on the state reading assessment for the prior year
 3619  shall use these funds, together with the funds provided in the
 3620  district’s research-based reading instruction allocation and
 3621  other available funds, to provide an additional hour of
 3622  instruction beyond the normal school day for each day of the
 3623  entire school year for intensive reading instruction for the
 3624  students in each of these schools. This additional hour of
 3625  instruction must be provided by teachers or reading specialists
 3626  who have demonstrated effectiveness in teaching reading or by a
 3627  K-5 mentoring reading program that is supervised by a teacher
 3628  who is effective at teaching reading. Students enrolled in these
 3629  schools who have level 5 assessment scores may participate in
 3630  the additional hour of instruction on an optional basis.
 3631  Exceptional student education centers shall not be included in
 3632  the 300 schools. The designation of the 300 lowest-performing
 3633  elementary schools must be based on the state reading assessment
 3634  for the prior year. After this requirement has been met,
 3635  supplemental instruction strategies may include, but is are not
 3636  limited to, the: use of a modified curriculum, reading
 3637  instruction, after-school instruction, tutoring, mentoring, a
 3638  reduction in class size, extended school year, intensive skills
 3639  development in summer school, dropout prevention programs as
 3640  defined in ss. 1003.52 and 1003.53(1)(a), (b), and (c), and
 3641  other methods of improving student achievement. Each school
 3642  district that has one or more of the 300 lowest-performing
 3643  elementary schools based on a 3-year average of the state
 3644  reading assessment data must use the school’s portion of the
 3645  allocation to provide an additional hour per day of intensive
 3646  reading for the students in each school. The additional hour may
 3647  be provided within the school day. Students enrolled in these
 3648  schools who earned a level 4 or level 5 score on the statewide,
 3649  standardized English Language Arts assessment for the previous
 3650  school year may participate in the extra hour of instruction.
 3651  Supplemental academic instruction may be provided to a student
 3652  in any manner and at any time during or beyond the regular 180
 3653  day term identified by the school as being the most effective
 3654  and efficient way to best help that student progress from grade
 3655  to grade and to graduate.
 3656         3. Categorical funds for supplemental academic instruction
 3657  shall be provided annually in the Florida Education Finance
 3658  Program as specified in the General Appropriations Act. These
 3659  funds shall be provided as a supplement to the funds
 3660  appropriated for the basic funding level and shall be included
 3661  in the total funds of each district. The supplemental academic
 3662  instruction allocation shall consist of a base amount that has a
 3663  workload adjustment based on changes in unweighted FTE. In
 3664  addition, districts that have elementary schools included in the
 3665  300 lowest-performing schools designation shall be allocated
 3666  additional funds to assist those districts in providing
 3667  intensive reading instruction to students in those schools. The
 3668  amount provided shall be based on each district’s level of per
 3669  student funding in the reading instruction allocation and the
 3670  supplemental academic instruction categorical fund and on the
 3671  total FTE for each of the schools. The supplemental academic
 3672  instruction allocation categorical funding shall be recalculated
 3673  during the fiscal year following an updated designation of the
 3674  300 lowest-performing elementary schools and shall be based on
 3675  actual student membership from the FTE surveys. Upon
 3676  recalculation of funding for the supplemental academic
 3677  instruction allocation categorical fund, if the total allocation
 3678  is greater than the amount provided in the General
 3679  Appropriations Act, the allocation shall be prorated to the
 3680  level provided to support the appropriation, based on each
 3681  district’s share of the total.
 3682         4. Effective with the 1999-2000 fiscal year, Funding on the
 3683  basis of FTE membership beyond the 180-day regular term shall be
 3684  provided in the FEFP only for students enrolled in juvenile
 3685  justice education programs or in education programs for
 3686  juveniles placed in secure facilities or programs under s.
 3687  985.19. Funding for instruction beyond the regular 180-day
 3688  school year for all other K-12 students shall be provided
 3689  through the supplemental academic instruction allocation and
 3690  other state, federal, and local fund sources with ample
 3691  flexibility for schools to provide supplemental instruction to
 3692  assist students in progressing from grade to grade and
 3693  graduating.
 3694         5. The Florida State University School, as a lab school, is
 3695  authorized to expend from its FEFP or Lottery Enhancement Trust
 3696  Fund allocation the cost to the student of remediation in
 3697  reading, writing, or mathematics for any graduate who requires
 3698  remediation at a postsecondary educational institution.
 3699         6. Beginning in the 1999-2000 school year, dropout
 3700  prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
 3701  (b), and (c), and 1003.54 shall be included in group 1 programs
 3702  under subparagraph (d)3.
 3703         (o) Calculation of additional full-time equivalent
 3704  membership based on successful completion of a career-themed
 3705  course pursuant to ss. 1003.491, 1003.492, and 1003.493, or
 3706  courses with embedded CAPE industry certifications or CAPE
 3707  Digital Tool certificates, and issuance of industry
 3708  certification identified on the CAPE Industry Certification
 3709  Funding List pursuant to rules adopted by the State Board of
 3710  Education or CAPE Digital Tool certificates pursuant to s.
 3711  1003.4203.—
 3712         1.a. A value of 0.025 full-time equivalent student
 3713  membership shall be calculated for CAPE Digital Tool
 3714  certificates earned by students in elementary and middle school
 3715  grades.
 3716         b. A value of 0.1 or 0.2 full-time equivalent student
 3717  membership shall be calculated for each student who completes a
 3718  course as defined in s. 1003.493(1)(b) or courses with embedded
 3719  CAPE industry certifications and who is issued an industry
 3720  certification identified annually on the CAPE Industry
 3721  Certification Funding List approved under rules adopted by the
 3722  State Board of Education. A value of 0.2 full-time equivalent
 3723  membership shall be calculated for each student who is issued a
 3724  CAPE industry certification that has a statewide articulation
 3725  agreement for college credit approved by the State Board of
 3726  Education. For CAPE industry certifications that do not
 3727  articulate for college credit, the Department of Education shall
 3728  assign a full-time equivalent value of 0.1 for each
 3729  certification. Middle grades students who earn additional FTE
 3730  membership for a CAPE Digital Tool certificate pursuant to sub
 3731  subparagraph a. may not use the previously funded examination to
 3732  satisfy the requirements for earning an industry certification
 3733  under this sub-subparagraph. Additional FTE membership for an
 3734  elementary or middle grades student may not exceed 0.1 for
 3735  certificates or certifications earned within the same fiscal
 3736  year. The State Board of Education shall include the assigned
 3737  values on the CAPE Industry Certification Funding List under
 3738  rules adopted by the state board. Such value shall be added to
 3739  the total full-time equivalent student membership for grades 6
 3740  through 12 in the subsequent year. CAPE industry certifications
 3741  earned through dual enrollment must be reported and funded
 3742  pursuant to s. 1011.80. However, if a student earns a
 3743  certification through a dual enrollment course and the
 3744  certification is not a fundable certification on the
 3745  postsecondary certification funding list, or the dual enrollment
 3746  certification is earned as a result of an agreement between a
 3747  school district and a nonpublic postsecondary institution, the
 3748  bonus value shall be funded in the same manner as other nondual
 3749  enrollment course industry certifications. In such cases, the
 3750  school district may provide for an agreement between the high
 3751  school and the technical center, or the school district and the
 3752  postsecondary institution may enter into an agreement for
 3753  equitable distribution of the bonus funds.
 3754         c. A value of 0.3 full-time equivalent student membership
 3755  shall be calculated for student completion of the courses and
 3756  the embedded certifications identified on the CAPE Industry
 3757  Certification Funding List and approved by the commissioner
 3758  pursuant to ss. 1003.4203(5)(a) and 1008.44.
 3759         d. A value of 0.5 full-time equivalent student membership
 3760  shall be calculated for CAPE Acceleration Industry
 3761  Certifications that articulate for 15 to 29 college credit
 3762  hours, and 1.0 full-time equivalent student membership shall be
 3763  calculated for CAPE Acceleration Industry Certifications that
 3764  articulate for 30 or more college credit hours pursuant to CAPE
 3765  Acceleration Industry Certifications approved by the
 3766  commissioner pursuant to ss. 1003.4203(5)(b) and 1008.44.
 3767         2. Each district must allocate at least 80 percent of the
 3768  funds provided for CAPE industry certification, in accordance
 3769  with this paragraph, to the program that generated the funds.
 3770  This allocation may not be used to supplant funds provided for
 3771  basic operation of the program.
 3772         3. For CAPE industry certifications earned in the 2013-2014
 3773  school year and in subsequent years, the school district shall
 3774  distribute to each classroom teacher who provided direct
 3775  instruction toward the attainment of a CAPE industry
 3776  certification that qualified for additional full-time equivalent
 3777  membership under subparagraph 1.:
 3778         a. A bonus of $25 for each student taught by a teacher who
 3779  provided instruction in a course that led to the attainment of a
 3780  CAPE industry certification on the CAPE Industry Certification
 3781  Funding List with a weight of 0.1.
 3782         b. A bonus of $50 for each student taught by a teacher who
 3783  provided instruction in a course that led to the attainment of a
 3784  CAPE industry certification on the CAPE Industry Certification
 3785  Funding List with a weight of 0.2.
 3786         c. A bonus of $75 for each student taught by a teacher who
 3787  provided instruction in a course that led to the attainment of a
 3788  CAPE industry certification on the CAPE Industry Certification
 3789  Funding List with a weight of 0.3.
 3790         d. A bonus of $100 for each student taught by a teacher who
 3791  provided instruction in a course that led to the attainment of a
 3792  CAPE industry certification on the CAPE Industry Certification
 3793  Funding List with a weight of 0.5 or 1.0.
 3794  
 3795  Bonuses awarded pursuant to this paragraph shall be provided to
 3796  teachers who are employed by the district in the year in which
 3797  the additional FTE membership calculation is included in the
 3798  calculation. Bonuses shall be calculated based upon the
 3799  associated weight of a CAPE industry certification on the CAPE
 3800  Industry Certification Funding List for the year in which the
 3801  certification is earned by the student. Any bonus awarded to a
 3802  teacher pursuant to under this paragraph is in addition to any
 3803  regular wage or other bonus the teacher received or is scheduled
 3804  to receive. A bonus may not be awarded to a teacher who fails to
 3805  maintain the security of any CAPE industry certification
 3806  examination or who otherwise violates the security or
 3807  administration protocol of any assessment instrument that may
 3808  result in a bonus being awarded to the teacher under this
 3809  paragraph.
 3810         (t) Computation for funding through the Florida Education
 3811  Finance Program.—The State Board of Education may adopt rules
 3812  establishing programs, industry certifications, and courses for
 3813  which the student may earn credit toward high school graduation
 3814  and the criteria under which a student’s industry certification
 3815  or grade may be rescinded.
 3816         (6) CATEGORICAL FUNDS.—
 3817         (b) If a district school board finds and declares in a
 3818  resolution adopted at a regular meeting of the school board that
 3819  the funds received for any of the following categorical
 3820  appropriations are urgently needed to maintain school board
 3821  specified academic classroom instruction or improve school
 3822  safety, the school board may consider and approve an amendment
 3823  to the school district operating budget transferring the
 3824  identified amount of the categorical funds to the appropriate
 3825  account for expenditure:
 3826         1. Funds for student transportation.
 3827         2. Funds for safe schools.
 3828         3. Funds for supplemental academic instruction if the
 3829  required additional hour of instruction beyond the normal school
 3830  day for each day of the entire school year has been provided for
 3831  the students in each low-performing elementary school in the
 3832  district pursuant to paragraph (1)(f).
 3833         2.4. Funds for research-based reading instruction if the
 3834  required additional hour of instruction beyond the normal school
 3835  day for each day of the entire school year has been provided for
 3836  the students in each low-performing elementary school in the
 3837  district pursuant to paragraph (9)(a).
 3838         3.5. Funds for instructional materials if all instructional
 3839  material purchases necessary to provide updated materials that
 3840  are aligned with applicable state standards and course
 3841  descriptions and that meet statutory requirements of content and
 3842  learning have been completed for that fiscal year, but no sooner
 3843  than March 1. Funds available after March 1 may be used to
 3844  purchase hardware for student instruction.
 3845         (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
 3846         (a) The research-based reading instruction allocation is
 3847  created to provide comprehensive reading instruction to students
 3848  in kindergarten through grade 12. Each school district that has
 3849  one or more of the 300 lowest-performing elementary schools
 3850  based on a 3-year average of the state reading assessment data
 3851  must use the school’s portion of the allocation to provide shall
 3852  give priority to providing an additional hour per day of
 3853  intensive reading instruction beyond the normal school day for
 3854  each day of the entire school year for the students in each
 3855  school. The additional hour may be provided within the school
 3856  day. The designation of the 300 lowest-performing elementary
 3857  schools must be based on the state reading assessment for the
 3858  prior year. Students enrolled in these schools who earned a have
 3859  level 4 or level 5 score on the statewide, standardized English
 3860  Language Arts assessment for the previous school year scores may
 3861  participate in the additional hour of instruction on an optional
 3862  basis. Exceptional student education centers may not be included
 3863  in the 300 schools. The intensive reading instruction delivered
 3864  in this additional hour and for other students shall include:
 3865  research-based reading instruction that has been proven to
 3866  accelerate progress of students exhibiting a reading deficiency;
 3867  differentiated instruction based on screening, diagnostic,
 3868  progress monitoring, or student assessment data to meet
 3869  students’ specific reading needs; explicit and systematic
 3870  reading strategies to develop phonemic awareness, phonics,
 3871  fluency, vocabulary, and comprehension, with more extensive
 3872  opportunities for guided practice, error correction, and
 3873  feedback; and the integration of social studies, science, and
 3874  mathematics-text reading, text discussion, and writing in
 3875  response to reading.
 3876         (c) Funds allocated under this subsection must be used to
 3877  provide a system of comprehensive reading instruction to
 3878  students enrolled in the K-12 programs, which may include the
 3879  following:
 3880         1. The provision of An additional hour per day of intensive
 3881  reading instruction to students in the 300 lowest-performing
 3882  elementary schools by teachers and reading specialists who have
 3883  demonstrated effectiveness in teaching reading as required in
 3884  paragraph (a).
 3885         2. Kindergarten through grade 5 reading intervention
 3886  teachers to provide intensive intervention during the school day
 3887  and in the required extra hour for students identified as having
 3888  a reading deficiency.
 3889         3. The provision of Highly qualified reading coaches to
 3890  specifically support teachers in making instructional decisions
 3891  based on student data, and improve teacher delivery of effective
 3892  reading instruction, intervention, and reading in the content
 3893  areas based on student need.
 3894         4. Professional development for school district teachers in
 3895  scientifically based reading instruction, including strategies
 3896  to teach reading in content areas and with an emphasis on
 3897  technical and informational text, to help school district
 3898  teachers earn a certification or an endorsement in reading.
 3899         5. The provision of Summer reading camps, using only
 3900  teachers or other district personnel who are certified or
 3901  endorsed in reading consistent with s. 1008.25(7)(b)3., for all
 3902  students in kindergarten through grade 2 who demonstrate a
 3903  reading deficiency as determined by district and state
 3904  assessments, and students in grades 3 through 5 who score at
 3905  Level 1 on the statewide, standardized reading assessment or,
 3906  upon implementation, the English Language Arts assessment.
 3907         6. The provision of Supplemental instructional materials
 3908  that are grounded in scientifically based reading research as
 3909  identified by the Just Read, Florida! Office pursuant to s.
 3910  1001.215(8).
 3911         7. The provision of Intensive interventions for students in
 3912  kindergarten through grade 12 who have been identified as having
 3913  a reading deficiency or who are reading below grade level as
 3914  determined by the statewide, standardized English Language Arts
 3915  assessment.
 3916         (d)1. Annually, by a date determined by the Department of
 3917  Education but before May 1, school districts shall submit a K-12
 3918  comprehensive reading plan for the specific use of the research
 3919  based reading instruction allocation in the format prescribed by
 3920  the department for review and approval by the Just Read,
 3921  Florida! Office created pursuant to s. 1001.215. The plan
 3922  annually submitted by school districts shall be deemed approved
 3923  unless the department rejects the plan on or before June 1. If a
 3924  school district and the Just Read, Florida! Office cannot reach
 3925  agreement on the contents of the plan, the school district may
 3926  appeal to the State Board of Education for resolution. School
 3927  districts shall be allowed reasonable flexibility in designing
 3928  their plans and shall be encouraged to offer reading
 3929  intervention through innovative methods, including career
 3930  academies. The plan format shall be developed with input from
 3931  school district personnel, including teachers and principals,
 3932  and shall provide for allow courses in core, career, and
 3933  alternative programs that deliver intensive reading
 3934  interventions remediation through integrated curricula, provided
 3935  that, beginning with the 2020-2021 school year, the
 3936  interventions are delivered by a teacher who is certified or
 3937  endorsed in reading. Such interventions must incorporate
 3938  strategies identified by the Just Read, Florida! Office pursuant
 3939  to s. 1001.215(8) deemed highly qualified to teach reading or
 3940  working toward that status. No later than July 1 annually, the
 3941  department shall release the school district’s allocation of
 3942  appropriated funds to those districts having approved plans. A
 3943  school district that spends 100 percent of this allocation on
 3944  its approved plan shall be deemed to have been in compliance
 3945  with the plan. The department may withhold funds upon a
 3946  determination that reading instruction allocation funds are not
 3947  being used to implement the approved plan. The department shall
 3948  monitor and track the implementation of each district plan,
 3949  including conducting site visits and collecting specific data on
 3950  expenditures and reading improvement results. By February 1 of
 3951  each year, the department shall report its findings to the
 3952  Legislature.
 3953         2. Each school district that has a school designated as one
 3954  of the 300 lowest-performing elementary schools as specified in
 3955  paragraph (a) shall specifically delineate in the comprehensive
 3956  reading plan, or in an addendum to the comprehensive reading
 3957  plan, the implementation design and reading intervention
 3958  strategies that will be used for the required additional hour of
 3959  reading instruction. The term “reading intervention” includes
 3960  evidence-based strategies frequently used to remediate reading
 3961  deficiencies and also includes individual instruction, tutoring,
 3962  mentoring, or the use of technology that targets specific
 3963  reading skills and abilities.
 3964         Section 32. Section 1011.6202, Florida Statutes, is amended
 3965  to read:
 3966         1011.6202 Principal Autonomy Pilot Program Initiative.—The
 3967  Principal Autonomy Pilot Program Initiative is created within
 3968  the Department of Education. The purpose of the pilot program is
 3969  to provide a the highly effective principal of a participating
 3970  school with increased autonomy and authority to operate his or
 3971  her school, as well as other schools, in a way that produces
 3972  significant improvements in student achievement and school
 3973  management while complying with constitutional requirements. The
 3974  State Board of Education may, upon approval of a principal
 3975  autonomy proposal, enter into a performance contract with the up
 3976  to seven district school board boards for participation in the
 3977  pilot program.
 3978         (1) PARTICIPATING SCHOOL DISTRICTS.—Beginning with the
 3979  2018-2019 school year, contingent upon available funds, and on a
 3980  first-come, first-served basis, a The district school board
 3981  boards in Broward, Duval, Jefferson, Madison, Palm Beach,
 3982  Pinellas, and Seminole Counties may submit, no later than
 3983  December 1, to the state board for approval a principal autonomy
 3984  proposal that exchanges statutory and rule exemptions for an
 3985  agreement to meet performance goals established in the proposal.
 3986  If approved by the state board, the each of these school
 3987  district is districts shall be eligible to participate in the
 3988  pilot program for 3 years. At the end of the 3 years, the
 3989  performance of all participating schools in the school district
 3990  shall be evaluated.
 3991         (2) PRINCIPAL AUTONOMY PROPOSAL.—
 3992         (a) To participate in the pilot program, a school district
 3993  must:
 3994         1. Identify three schools that received at least two school
 3995  grades of “D” or “F” pursuant to s. 1008.34 during the previous
 3996  3 school years.
 3997         2. Identify three principals who have earned a highly
 3998  effective rating on the prior year’s performance evaluation
 3999  pursuant to s. 1012.34, one of whom shall be assigned to each of
 4000  the participating schools.
 4001         3. Describe the current financial and administrative
 4002  management of each participating school; identify the areas in
 4003  which each school principal will have increased fiscal and
 4004  administrative autonomy, including the authority and
 4005  responsibilities provided in s. 1012.28(8); and identify the
 4006  areas in which each participating school will continue to follow
 4007  district school board fiscal and administrative policies.
 4008         4. Explain the methods used to identify the educational
 4009  strengths and needs of the participating school’s students and
 4010  identify how student achievement can be improved.
 4011         5. Establish performance goals for student achievement, as
 4012  defined in s. 1008.34(1), and explain how the increased autonomy
 4013  of principals will help participating schools improve student
 4014  achievement and school management.
 4015         6. Provide each participating school’s mission and a
 4016  description of its student population.
 4017         (b) The state board shall establish criteria, which must
 4018  include the criteria listed in paragraph (a), for the approval
 4019  of a principal autonomy proposal.
 4020         (c) A district school board must submit its principal
 4021  autonomy proposal to the state board for approval by December 1
 4022  in order to begin participation in the subsequent school year.
 4023  By February 28 of the school year in which the proposal is
 4024  submitted, the state board shall notify the district school
 4025  board in writing whether the proposal is approved.
 4026         (3) EXEMPTION FROM LAWS.—
 4027         (a) With the exception of those laws listed in paragraph
 4028  (b), a participating school or a school operated by a principal
 4029  pursuant to subsection (5) is exempt from the provisions of
 4030  chapters 1000-1013 and rules of the state board that implement
 4031  those exempt provisions.
 4032         (b) A participating school or a school operated by a
 4033  principal pursuant to subsection (5) shall comply with the
 4034  provisions of chapters 1000-1013, and rules of the state board
 4035  that implement those provisions, pertaining to the following:
 4036         1. Those laws relating to the election and compensation of
 4037  district school board members, the election or appointment and
 4038  compensation of district school superintendents, public meetings
 4039  and public records requirements, financial disclosure, and
 4040  conflicts of interest.
 4041         2. Those laws relating to the student assessment program
 4042  and school grading system, including chapter 1008.
 4043         3. Those laws relating to the provision of services to
 4044  students with disabilities.
 4045         4. Those laws relating to civil rights, including s.
 4046  1000.05, relating to discrimination.
 4047         5. Those laws relating to student health, safety, and
 4048  welfare.
 4049         6. Section 1001.42(4)(f), relating to the uniform opening
 4050  date for public schools.
 4051         7. Section 1003.03, governing maximum class size, except
 4052  that the calculation for compliance pursuant to s. 1003.03 is
 4053  the average at the school level for a participating school.
 4054         8. Sections 1012.22(1)(c) and 1012.27(2), relating to
 4055  compensation and salary schedules.
 4056         9. Section 1012.33(5), relating to workforce reductions for
 4057  annual contracts for instructional personnel. This subparagraph
 4058  does not apply to at-will employees.
 4059         10. Section 1012.335, relating to annual contracts for
 4060  instructional personnel hired on or after July 1, 2011. This
 4061  subparagraph does not apply to at-will employees.
 4062         11. Section 1012.34, relating to personnel evaluation
 4063  procedures and criteria.
 4064         12. Those laws pertaining to educational facilities,
 4065  including chapter 1013, except that s. 1013.20, relating to
 4066  covered walkways for relocatables, and s. 1013.21, relating to
 4067  the use of relocatable facilities exceeding 20 years of age, are
 4068  eligible for exemption.
 4069         13. Those laws pertaining to participating school
 4070  districts, including this section and ss. 1011.69(2) and
 4071  1012.28(8).
 4072         (c) A school shall remain exempt, as provided in this
 4073  subsection, beyond the term of the program so long as the school
 4074  receives no grade lower than a “B.”
 4075         (4) PROFESSIONAL DEVELOPMENT.—Each participating school
 4076  district shall require that the principal of each participating
 4077  school and a designated leadership team selected by the
 4078  principal of the participating school, a three-member leadership
 4079  team from each participating school, and district personnel
 4080  working with each participating school complete a nationally
 4081  recognized school turnaround program which focuses on improving
 4082  leadership, instructional infrastructure, talent management, and
 4083  differentiated support and accountability. The required
 4084  personnel must enroll in the nationally recognized school
 4085  turnaround program upon acceptance into the pilot program. Each
 4086  participating school district shall receive $100,000 from the
 4087  department for participation in the nationally recognized school
 4088  turnaround program.
 4089         (5) DISTRICT INNOVATION ACADEMIES AND ZONES.—To encourage
 4090  further innovation and expand the reach of highly effective
 4091  principals trained pursuant to subsection (4) district school
 4092  boards may authorize these principals to manage multiple schools
 4093  within a zone. A zone may include the school at which the
 4094  principal is assigned, persistently low-performing schools,
 4095  feeder pattern schools, or a group of schools identified by the
 4096  school district. The principal may allocate resources and
 4097  personnel between the schools under his or her administration.
 4098         (6)(5) TERM OF PARTICIPATION.—The state board shall
 4099  authorize a school district to participate in the pilot program
 4100  for a period of 3 years commencing with approval of the
 4101  principal autonomy proposal. Authorization to participate in the
 4102  pilot program may be renewed upon action of the state board. The
 4103  state board may revoke authorization to participate in the pilot
 4104  program if the school district fails to meet the requirements of
 4105  this section during the 3-year period.
 4106         (6) REPORTING.—Each participating school district shall
 4107  submit an annual report to the state board. The state board
 4108  shall annually report on the implementation of the Principal
 4109  Autonomy Pilot Program Initiative. Upon completion of the pilot
 4110  program’s first 3-year term, the Commissioner of Education shall
 4111  submit to the President of the Senate and the Speaker of the
 4112  House of Representatives by December 1 a full evaluation of the
 4113  effectiveness of the pilot program.
 4114         (7) FUNDING.—Subject to an annual appropriation, The
 4115  Legislature shall provide an appropriation to the department
 4116  shall fund for the costs of the pilot program to include the,
 4117  including administrative costs and enrollment costs for the
 4118  nationally recognized school turnaround program required in
 4119  subsection (4), and an additional amount not to exceed of
 4120  $10,000 for each participating principal in each participating
 4121  district as an annual salary supplement for 3 years, a fund for
 4122  the principal’s school to be used at the principal’s discretion,
 4123  or both, as determined by the district. To be eligible for a
 4124  salary supplement under this subsection, a participating
 4125  principal must:
 4126         (a) Be rated “highly effective” as determined by the
 4127  principal’s performance evaluation under s. 1012.34;
 4128         (b) Be transferred to a school that earned a grade of “F”
 4129  or two three consecutive grades of “D” pursuant to s. 1008.34,
 4130  or manage, pursuant to subsection (5), a persistently low
 4131  performing school and provided additional authority and
 4132  responsibilities pursuant to s. 1012.28(8); and
 4133         (c) Have implemented a turnaround option under s. 1008.33
 4134  s. 1008.33(4) at a school as the school’s principal. The
 4135  turnaround option must have resulted in the school improving by
 4136  at least one letter grade while he or she was serving as the
 4137  school’s principal.
 4138         (8) RULEMAKING.—The State Board of Education shall adopt
 4139  rules to administer this section.
 4140         Section 33. Subsection (5) of section 1011.69, Florida
 4141  Statutes, is amended to read:
 4142         1011.69 Equity in School-Level Funding Act.—
 4143         (5) After providing Title I, Part A, Basic funds to schools
 4144  above the 75 percent poverty threshold, which may include high
 4145  schools above the 50 percent threshold as permitted by federal
 4146  law, school districts shall provide any remaining Title I, Part
 4147  A, Basic funds directly to all eligible schools as provided in
 4148  this subsection. For purposes of this subsection, an eligible
 4149  school is a school that is eligible to receive Title I funds,
 4150  including a charter school. The threshold for identifying
 4151  eligible schools may not exceed the threshold established by a
 4152  school district for the 2016-2017 school year or the statewide
 4153  percentage of economically disadvantaged students, as determined
 4154  annually.
 4155         (a) Prior to the allocation of Title I funds to eligible
 4156  schools, a school district may withhold funds only as follows:
 4157         1. One percent for parent involvement, in addition to the
 4158  one percent the district must reserve under federal law for
 4159  allocations to eligible schools for parent involvement;
 4160         2. A necessary and reasonable amount for administration,
 4161  which includes the district’s indirect cost rate, not to exceed
 4162  a total of 10 8 percent; and
 4163         3. A reasonable and necessary amount to provide:
 4164         a. Homeless programs;
 4165         b. Delinquent and neglected programs;
 4166         c. Prekindergarten programs and activities;
 4167         d. Private school equitable services; and
 4168         e. Transportation for foster care children to their school
 4169  of origin or choice programs; and.
 4170         4. A necessary and reasonable amount, not to exceed 1
 4171  percent, for eligible schools to provide educational services in
 4172  accordance with the approved Title I plan.
 4173         (b) All remaining Title I funds shall be distributed to all
 4174  eligible schools in accordance with federal law and regulation.
 4175  An eligible school may use funds under this subsection to
 4176  participate in discretionary educational services provided by
 4177  the school district. Any funds provided by an eligible school to
 4178  participate in discretionary educational services provided by
 4179  the school district are not subject to the requirements of this
 4180  subsection.
 4181         (c) Any funds carried forward by the school district are
 4182  not subject to the requirements of this subsection.
 4183         Section 34. Subsection (2) of section 1011.71, Florida
 4184  Statutes, is amended to read:
 4185         1011.71 District school tax.—
 4186         (2) In addition to the maximum millage levy as provided in
 4187  subsection (1), each school board may levy not more than 1.5
 4188  mills against the taxable value for school purposes for charter
 4189  schools pursuant to s. 1013.62(1) and (3) s. 1013.62(3) and for
 4190  district schools to fund:
 4191         (a) New construction and remodeling projects, as set forth
 4192  in s. 1013.64(6)(b) s. 1013.64(3)(d) and (6)(b) and included in
 4193  the district’s educational plant survey pursuant to s. 1013.31,
 4194  without regard to prioritization, sites and site improvement or
 4195  expansion to new sites, existing sites, auxiliary facilities,
 4196  athletic facilities, or ancillary facilities.
 4197         (b) Maintenance, renovation, and repair of existing school
 4198  plants or of leased facilities to correct deficiencies pursuant
 4199  to s. 1013.15(2).
 4200         (c) The purchase, lease-purchase, or lease of school buses.
 4201         (d) The purchase, lease-purchase, or lease of new and
 4202  replacement equipment; computer and device hardware and
 4203  operating system software necessary for gaining access to or
 4204  enhancing the use of electronic and digital instructional
 4205  content and resources; and enterprise resource software
 4206  applications that are classified as capital assets in accordance
 4207  with definitions of the Governmental Accounting Standards Board,
 4208  have a useful life of at least 5 years, and are used to support
 4209  districtwide administration or state-mandated reporting
 4210  requirements. Enterprise resource software may be acquired by
 4211  annual license fees, maintenance fees, or lease agreements.
 4212         (e) Payments for educational facilities and sites due under
 4213  a lease-purchase agreement entered into by a district school
 4214  board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not
 4215  exceeding, in the aggregate, an amount equal to three-fourths of
 4216  the proceeds from the millage levied by a district school board
 4217  pursuant to this subsection. The three-fourths limit is waived
 4218  for lease-purchase agreements entered into before June 30, 2009,
 4219  by a district school board pursuant to this paragraph. If
 4220  payments under lease-purchase agreements in the aggregate,
 4221  including lease-purchase agreements entered into before June 30,
 4222  2009, exceed three-fourths of the proceeds from the millage
 4223  levied pursuant to this subsection, the district school board
 4224  may not withhold the administrative fees authorized by s.
 4225  1002.33(20) from any charter school operating in the school
 4226  district.
 4227         (f) Payment of loans approved pursuant to ss. 1011.14 and
 4228  1011.15.
 4229         (g) Payment of costs directly related to complying with
 4230  state and federal environmental statutes, rules, and regulations
 4231  governing school facilities.
 4232         (h) Payment of costs of leasing relocatable educational
 4233  facilities, of renting or leasing educational facilities and
 4234  sites pursuant to s. 1013.15(2), or of renting or leasing
 4235  buildings or space within existing buildings pursuant to s.
 4236  1013.15(4).
 4237         (i) Payment of the cost of school buses when a school
 4238  district contracts with a private entity to provide student
 4239  transportation services if the district meets the requirements
 4240  of this paragraph.
 4241         1. The district’s contract must require that the private
 4242  entity purchase, lease-purchase, or lease, and operate and
 4243  maintain, one or more school buses of a specific type and size
 4244  that meet the requirements of s. 1006.25.
 4245         2. Each such school bus must be used for the daily
 4246  transportation of public school students in the manner required
 4247  by the school district.
 4248         3. Annual payment for each such school bus may not exceed
 4249  10 percent of the purchase price of the state pool bid.
 4250         4. The proposed expenditure of the funds for this purpose
 4251  must have been included in the district school board’s notice of
 4252  proposed tax for school capital outlay as provided in s.
 4253  200.065(10).
 4254         (j) Payment of the cost of the opening day collection for
 4255  the library media center of a new school.
 4256         (k) Payout of sick leave and annual leave accrued as of
 4257  June 30, 2017, by individuals who are no longer employed by a
 4258  school district that transfers to a charter school operator all
 4259  day-to-day classroom instruction responsibility for all full
 4260  time equivalent students funded under s. 1011.62. This paragraph
 4261  expires July 1, 2018.
 4262         Section 35. Subsection (4) of section 1012.2315, Florida
 4263  Statutes, is amended to read:
 4264         1012.2315 Assignment of teachers.—
 4265         (4) COLLECTIVE BARGAINING.—
 4266         (a) Notwithstanding provisions of chapter 447 relating to
 4267  district school board collective bargaining, collective
 4268  bargaining provisions may not preclude a school district from
 4269  providing incentives to high-quality teachers and assigning such
 4270  teachers to low-performing schools.
 4271         (b) Before the start of the 2019-2020 school year, each
 4272  school district and the certified collective bargaining unit for
 4273  instructional personnel shall negotiate a memorandum of
 4274  understanding that addresses the selection, placement, and
 4275  expectations of instructional personnel and provides school
 4276  principals with the autonomy described in s. 1012.28(8).
 4277         (c)1. In addition to the provisions under s. 447.305(2), an
 4278  employee organization that has been certified as the bargaining
 4279  agent for a unit of instructional personnel as defined in s.
 4280  1012.01(2) must include for each such certified bargaining unit
 4281  the following information in its application for renewal of
 4282  registration:
 4283         a. The number of employees in the bargaining unit who are
 4284  eligible for representation by the employee organization.
 4285         b. The number of employees who are represented by the
 4286  employee organization, specifying the number of members who pay
 4287  dues and the number of members who do not pay dues.
 4288         2. Notwithstanding the provisions of chapter 447 relating
 4289  to collective bargaining, an employee organization whose dues
 4290  paying membership is less than 50 percent of the employees
 4291  eligible for representation in the unit, as identified in
 4292  subparagraph 1., must petition the Public Employees Relations
 4293  Commission pursuant to s. 447.307(2) and (3) for recertification
 4294  as the exclusive representative of all employees in the unit
 4295  within 1 month after the date on which the organization applies
 4296  for renewal of registration pursuant to s. 447.305(2). The
 4297  certification of an employee organization that does not comply
 4298  with this paragraph is revoked.
 4299         Section 36. Subsection (8) of section 1012.28, Florida
 4300  Statutes, is amended to read:
 4301         1012.28 Public school personnel; duties of school
 4302  principals.—
 4303         (8) The principal of a school participating in the
 4304  Principal Autonomy Pilot Program Initiative under s. 1011.6202
 4305  has the following additional authority and responsibilities:
 4306         (a) In addition to the authority provided in subsection
 4307  (6), the authority to select qualified instructional personnel
 4308  for placement or to refuse to accept the placement or transfer
 4309  of instructional personnel by the district school
 4310  superintendent. Placement of instructional personnel at a
 4311  participating school in a participating school district does not
 4312  affect the employee’s status as a school district employee.
 4313         (b) The authority to deploy financial resources to school
 4314  programs at the principal’s discretion to help improve student
 4315  achievement, as defined in s. 1008.34(1), and meet performance
 4316  goals identified in the principal autonomy proposal submitted
 4317  pursuant to s. 1011.6202.
 4318         (c) To annually provide to the district school
 4319  superintendent and the district school board a budget for the
 4320  operation of the participating school that identifies how funds
 4321  provided pursuant to s. 1011.69(2) are allocated. The school
 4322  district shall include the budget in the annual report provided
 4323  to the State Board of Education pursuant to s. 1011.6202(6).
 4324         Section 37. Section 1012.315, Florida Statutes, is amended
 4325  to read:
 4326         1012.315 Disqualification from employment.—A person is
 4327  ineligible for educator certification, and instructional
 4328  personnel and school administrators, as defined in s. 1012.01,
 4329  are ineligible for employment in any position that requires
 4330  direct contact with students in a district school system,
 4331  charter school, or private school that accepts scholarship
 4332  students who participate in a state scholarship program under
 4333  chapter 1002 under s. 1002.39 or s. 1002.395, if the person,
 4334  instructional personnel, or school administrator has been
 4335  convicted of:
 4336         (1) Any felony offense prohibited under any of the
 4337  following statutes:
 4338         (a) Section 393.135, relating to sexual misconduct with
 4339  certain developmentally disabled clients and reporting of such
 4340  sexual misconduct.
 4341         (b) Section 394.4593, relating to sexual misconduct with
 4342  certain mental health patients and reporting of such sexual
 4343  misconduct.
 4344         (c) Section 415.111, relating to adult abuse, neglect, or
 4345  exploitation of aged persons or disabled adults.
 4346         (d) Section 782.04, relating to murder.
 4347         (e) Section 782.07, relating to manslaughter, aggravated
 4348  manslaughter of an elderly person or disabled adult, aggravated
 4349  manslaughter of a child, or aggravated manslaughter of an
 4350  officer, a firefighter, an emergency medical technician, or a
 4351  paramedic.
 4352         (f) Section 784.021, relating to aggravated assault.
 4353         (g) Section 784.045, relating to aggravated battery.
 4354         (h) Section 784.075, relating to battery on a detention or
 4355  commitment facility staff member or a juvenile probation
 4356  officer.
 4357         (i) Section 787.01, relating to kidnapping.
 4358         (j) Section 787.02, relating to false imprisonment.
 4359         (k) Section 787.025, relating to luring or enticing a
 4360  child.
 4361         (l) Section 787.04(2), relating to leading, taking,
 4362  enticing, or removing a minor beyond the state limits, or
 4363  concealing the location of a minor, with criminal intent pending
 4364  custody proceedings.
 4365         (m) Section 787.04(3), relating to leading, taking,
 4366  enticing, or removing a minor beyond the state limits, or
 4367  concealing the location of a minor, with criminal intent pending
 4368  dependency proceedings or proceedings concerning alleged abuse
 4369  or neglect of a minor.
 4370         (n) Section 790.115(1), relating to exhibiting firearms or
 4371  weapons at a school-sponsored event, on school property, or
 4372  within 1,000 feet of a school.
 4373         (o) Section 790.115(2)(b), relating to possessing an
 4374  electric weapon or device, destructive device, or other weapon
 4375  at a school-sponsored event or on school property.
 4376         (p) Section 794.011, relating to sexual battery.
 4377         (q) Former s. 794.041, relating to sexual activity with or
 4378  solicitation of a child by a person in familial or custodial
 4379  authority.
 4380         (r) Section 794.05, relating to unlawful sexual activity
 4381  with certain minors.
 4382         (s) Section 794.08, relating to female genital mutilation.
 4383         (t) Chapter 796, relating to prostitution.
 4384         (u) Chapter 800, relating to lewdness and indecent
 4385  exposure.
 4386         (v) Section 806.01, relating to arson.
 4387         (w) Section 810.14, relating to voyeurism.
 4388         (x) Section 810.145, relating to video voyeurism.
 4389         (y) Section 812.014(6), relating to coordinating the
 4390  commission of theft in excess of $3,000.
 4391         (z) Section 812.0145, relating to theft from persons 65
 4392  years of age or older.
 4393         (aa) Section 812.019, relating to dealing in stolen
 4394  property.
 4395         (bb) Section 812.13, relating to robbery.
 4396         (cc) Section 812.131, relating to robbery by sudden
 4397  snatching.
 4398         (dd) Section 812.133, relating to carjacking.
 4399         (ee) Section 812.135, relating to home-invasion robbery.
 4400         (ff) Section 817.563, relating to fraudulent sale of
 4401  controlled substances.
 4402         (gg) Section 825.102, relating to abuse, aggravated abuse,
 4403  or neglect of an elderly person or disabled adult.
 4404         (hh) Section 825.103, relating to exploitation of an
 4405  elderly person or disabled adult.
 4406         (ii) Section 825.1025, relating to lewd or lascivious
 4407  offenses committed upon or in the presence of an elderly person
 4408  or disabled person.
 4409         (jj) Section 826.04, relating to incest.
 4410         (kk) Section 827.03, relating to child abuse, aggravated
 4411  child abuse, or neglect of a child.
 4412         (ll) Section 827.04, relating to contributing to the
 4413  delinquency or dependency of a child.
 4414         (mm) Section 827.071, relating to sexual performance by a
 4415  child.
 4416         (nn) Section 843.01, relating to resisting arrest with
 4417  violence.
 4418         (oo) Chapter 847, relating to obscenity.
 4419         (pp) Section 874.05, relating to causing, encouraging,
 4420  soliciting, or recruiting another to join a criminal street
 4421  gang.
 4422         (qq) Chapter 893, relating to drug abuse prevention and
 4423  control, if the offense was a felony of the second degree or
 4424  greater severity.
 4425         (rr) Section 916.1075, relating to sexual misconduct with
 4426  certain forensic clients and reporting of such sexual
 4427  misconduct.
 4428         (ss) Section 944.47, relating to introduction, removal, or
 4429  possession of contraband at a correctional facility.
 4430         (tt) Section 985.701, relating to sexual misconduct in
 4431  juvenile justice programs.
 4432         (uu) Section 985.711, relating to introduction, removal, or
 4433  possession of contraband at a juvenile detention facility or
 4434  commitment program.
 4435         (2) Any misdemeanor offense prohibited under any of the
 4436  following statutes:
 4437         (a) Section 784.03, relating to battery, if the victim of
 4438  the offense was a minor.
 4439         (b) Section 787.025, relating to luring or enticing a
 4440  child.
 4441         (3) Any criminal act committed in another state or under
 4442  federal law which, if committed in this state, constitutes an
 4443  offense prohibited under any statute listed in subsection (1) or
 4444  subsection (2).
 4445         (4) Any delinquent act committed in this state or any
 4446  delinquent or criminal act committed in another state or under
 4447  federal law which, if committed in this state, qualifies an
 4448  individual for inclusion on the Registered Juvenile Sex Offender
 4449  List under s. 943.0435(1)(h)1.d.
 4450         Section 38. Subsection (2) of section 1012.32, Florida
 4451  Statutes, is amended to read:
 4452         1012.32 Qualifications of personnel.—
 4453         (2)(a) Instructional and noninstructional personnel who are
 4454  hired or contracted to fill positions that require direct
 4455  contact with students in any district school system or
 4456  university lab school must, upon employment or engagement to
 4457  provide services, undergo background screening as required under
 4458  s. 1012.465 or s. 1012.56, whichever is applicable.
 4459         (b) Instructional and noninstructional personnel who are
 4460  hired or contracted to fill positions in any charter school and
 4461  members of the governing board of any charter school, in
 4462  compliance with s. 1002.33(12)(g), must, upon employment,
 4463  engagement of services, or appointment, undergo background
 4464  screening as required under s. 1012.465 or s. 1012.56, whichever
 4465  is applicable, by filing with the district school board for the
 4466  school district in which the charter school is located a
 4467  complete set of fingerprints taken by an authorized law
 4468  enforcement agency or an employee of the school or school
 4469  district who is trained to take fingerprints.
 4470         (c) Instructional and noninstructional personnel who are
 4471  hired or contracted to fill positions that require direct
 4472  contact with students in an alternative school that operates
 4473  under contract with a district school system must, upon
 4474  employment or engagement to provide services, undergo background
 4475  screening as required under s. 1012.465 or s. 1012.56, whichever
 4476  is applicable, by filing with the district school board for the
 4477  school district to which the alternative school is under
 4478  contract a complete set of fingerprints taken by an authorized
 4479  law enforcement agency or an employee of the school or school
 4480  district who is trained to take fingerprints.
 4481         (d) Student teachers and persons participating in a field
 4482  experience pursuant to s. 1004.04(5) or s. 1004.85 in any
 4483  district school system, lab school, or charter school must, upon
 4484  engagement to provide services, undergo background screening as
 4485  required under s. 1012.56.
 4486  
 4487  Fingerprints shall be submitted to the Department of Law
 4488  Enforcement for statewide criminal and juvenile records checks
 4489  and to the Federal Bureau of Investigation for federal criminal
 4490  records checks. A person subject to this subsection who is found
 4491  ineligible for employment under s. 1012.315, or otherwise found
 4492  through background screening to have been convicted of any crime
 4493  involving moral turpitude as defined by rule of the State Board
 4494  of Education, shall not be employed, engaged to provide
 4495  services, or serve in any position that requires direct contact
 4496  with students. Probationary persons subject to this subsection
 4497  terminated because of their criminal record have the right to
 4498  appeal such decisions. The cost of the background screening may
 4499  be borne by the district school board, the charter school, the
 4500  employee, the contractor, or a person subject to this
 4501  subsection. A district school board shall reimburse a charter
 4502  school the cost of background screening if it does not notify
 4503  the charter school of the eligibility of a governing board
 4504  members or instructional or noninstructional personnel within
 4505  the earlier of 14 days after receipt of the background screening
 4506  results from the Florida Department of Law Enforcement or 30
 4507  days of submission of fingerprints by the governing board member
 4508  or instructional or noninstructional personnel.
 4509         Section 39. Section 1012.562, Florida Statutes, is amended
 4510  to read:
 4511         1012.562 Public accountability and state approval of school
 4512  leader preparation programs.—The Department of Education shall
 4513  establish a process for the approval of Level I and Level II
 4514  school leader preparation programs that will enable aspiring
 4515  school leaders to obtain their certificate in educational
 4516  leadership under s. 1012.56. School leader preparation programs
 4517  must be competency-based, aligned to the principal leadership
 4518  standards adopted by the state board, and open to individuals
 4519  employed by public schools, including charter schools and
 4520  virtual schools. Level I programs may be offered by school
 4521  districts or postsecondary institutions and lead to initial
 4522  certification in educational leadership for the purpose of
 4523  preparing individuals to serve as school administrators. Level
 4524  II programs may be offered by school districts, build upon Level
 4525  I training, and lead to renewal certification as a school
 4526  principal.
 4527         (1) PURPOSE.—The purpose of school leader preparation
 4528  programs are to:
 4529         (a) Increase the supply of effective school leaders in the
 4530  public schools of this state.
 4531         (b) Produce school leaders who are prepared to lead the
 4532  state’s diverse student population in meeting high standards for
 4533  academic achievement.
 4534         (c) Enable school leaders to facilitate the development and
 4535  retention of effective and highly effective classroom teachers.
 4536         (d) Produce leaders with the competencies and skills
 4537  necessary to achieve the state’s education goals.
 4538         (e) Sustain the state system of school improvement and
 4539  education accountability.
 4540         (2) LEVEL I PROGRAMS.—
 4541         (a) Initial approval of a Level I program shall be for a
 4542  period of 5 years. A postsecondary institution, or school
 4543  district, charter school, or charter management organization may
 4544  submit to the department in a format prescribed by the
 4545  department an application to establish a Level I school leader
 4546  preparation program. To be approved, a Level I program must:
 4547         1. Provide competency-based training aligned to the
 4548  principal leadership standards adopted by the State Board of
 4549  Education.
 4550         2. If the program is provided by a postsecondary
 4551  institution, partner with at least one school district.
 4552         3. Describe the qualifications that will be used to
 4553  determine program admission standards, including a candidate’s
 4554  instructional expertise and leadership potential.
 4555         4. Describe how the training provided through the program
 4556  will be aligned to the personnel evaluation criteria under s.
 4557  1012.34.
 4558         (b) Renewal of a Level I program’s approval shall be for a
 4559  period of 5 years and shall be based upon evidence of the
 4560  program’s continued ability to meet the requirements of
 4561  paragraph (a). A postsecondary institution or school district
 4562  must submit an institutional program evaluation plan in a format
 4563  prescribed by the department for a Level I program to be
 4564  considered for renewal. The plan must include:
 4565         1. The percentage of personnel who complete the program and
 4566  are placed in school leadership positions in public schools
 4567  within the state.
 4568         2. Results from the personnel evaluations required under s.
 4569  1012.34 for personnel who complete the program.
 4570         3. The passage rate of personnel who complete the program
 4571  on the Florida Education Leadership Examination.
 4572         4. The impact personnel who complete the program have on
 4573  student learning as measured by the formulas developed by the
 4574  commissioner pursuant to s. 1012.34(7).
 4575         5. Strategies for continuous improvement of the program.
 4576         6. Strategies for involving personnel who complete the
 4577  program, other school personnel, community agencies, business
 4578  representatives, and other stakeholders in the program
 4579  evaluation process.
 4580         7. Additional data included at the discretion of the
 4581  postsecondary institution or school district.
 4582         (c) A Level I program must guarantee the high quality of
 4583  personnel who complete the program for the first 2 years after
 4584  program completion or the person’s initial certification as a
 4585  school leader, whichever occurs first. If a person who completed
 4586  the program is evaluated at less than highly effective or
 4587  effective under s. 1012.34 and the person’s employer requests
 4588  additional training, the Level I program must provide additional
 4589  training at no cost to the person or his or her employer. The
 4590  training must include the creation of an individualized plan
 4591  agreed to by the employer that includes specific learning
 4592  outcomes. The Level I program is not responsible for the
 4593  person’s employment contract with his or her employer.
 4594         (3) LEVEL II PROGRAMS.—Initial approval and subsequent
 4595  renewal of a Level II program shall be for a period of 5 years.
 4596  A school district, charter school, or charter management
 4597  organization may submit to the department in a format prescribed
 4598  by the department an application to establish a Level II school
 4599  leader preparation program or for program renewal. To be
 4600  approved or renewed, a Level II program must:
 4601         (a) Demonstrate that personnel accepted into the Level II
 4602  program have:
 4603         1. Obtained their certificate in educational leadership
 4604  under s. 1012.56.
 4605         2. Earned a highly effective or effective designation under
 4606  s. 1012.34.
 4607         3. Satisfactorily performed instructional leadership
 4608  responsibilities as measured by the evaluation system in s.
 4609  1012.34.
 4610         (b) Demonstrate that the Level II program:
 4611         1. Provides competency-based training aligned to the
 4612  principal leadership standards adopted by the State Board of
 4613  Education.
 4614         2. Provides training aligned to the personnel evaluation
 4615  criteria under s. 1012.34 and professional development program
 4616  in s. 1012.986.
 4617         3. Provides individualized instruction using a customized
 4618  learning plan for each person enrolled in the program that is
 4619  based on data from self-assessment, selection, and appraisal
 4620  instruments.
 4621         4. Conducts program evaluations and implements program
 4622  improvements using input from personnel who completed the
 4623  program and employers and data gathered pursuant to paragraph
 4624  (2)(b).
 4625         (c) Gather and monitor the data specified in paragraph
 4626  (2)(b).
 4627         (4) RULES.—The State Board of Education shall adopt rules
 4628  to administer this section.
 4629         Section 40. Paragraph (b) of subsection (1) of section
 4630  1012.586, Florida Statutes, is amended to read:
 4631         1012.586 Additions or changes to certificates; duplicate
 4632  certificates.—A school district may process via a Department of
 4633  Education website certificates for the following applications of
 4634  public school employees:
 4635         (1) Addition of a subject coverage or endorsement to a
 4636  valid Florida certificate on the basis of the completion of the
 4637  appropriate subject area testing requirements of s.
 4638  1012.56(5)(a) or the completion of the requirements of an
 4639  approved school district program or the inservice components for
 4640  an endorsement.
 4641         (b) By July 1, 2018, and at least once every 5 years
 4642  thereafter, the department shall conduct a review of existing
 4643  subject coverage or endorsement requirements in the elementary,
 4644  reading, and exceptional student educational areas. The review
 4645  must include reciprocity requirements for out-of-state
 4646  certificates and requirements for demonstrating competency in
 4647  the reading instruction professional development topics listed
 4648  in s. 1012.98(4)(b)11. The review must also consider the award
 4649  of an endorsement to an individual who holds a certificate
 4650  issued by an internationally recognized organization that
 4651  establishes standards for providing evidence-based interventions
 4652  to struggling readers or who completes a postsecondary program
 4653  that is accredited by such organization. Any such certificate or
 4654  program must require an individual who completes the certificate
 4655  or program to demonstrate competence in reading intervention
 4656  strategies through clinical experience. At the conclusion of
 4657  each review, the department shall recommend to the state board
 4658  changes to the subject coverage or endorsement requirements
 4659  based upon any identified instruction or intervention strategies
 4660  proven to improve student reading performance. This paragraph
 4661  does not authorize the state board to establish any new
 4662  certification subject coverage.
 4663  
 4664  The employing school district shall charge the employee a fee
 4665  not to exceed the amount charged by the Department of Education
 4666  for such services. Each district school board shall retain a
 4667  portion of the fee as defined in the rules of the State Board of
 4668  Education. The portion sent to the department shall be used for
 4669  maintenance of the technology system, the web application, and
 4670  posting and mailing of the certificate.
 4671         Section 41. Paragraph (b) of subsection (3) of section
 4672  1012.731, Florida Statutes, is amended to read:
 4673         1012.731 The Florida Best and Brightest Teacher Scholarship
 4674  Program.—
 4675         (3)
 4676         (b)1. In order to demonstrate eligibility for an award, an
 4677  eligible classroom teacher must submit to the school district,
 4678  no later than November 1, an official record of his or her
 4679  qualifying assessment score and, beginning with the 2020-2021
 4680  school year, an official transcript demonstrating that he or she
 4681  graduated cum laude or higher with a baccalaureate degree, if
 4682  applicable. Once a classroom teacher is deemed eligible by the
 4683  school district, the teacher shall remain eligible as long as he
 4684  or she remains employed by the school district as a classroom
 4685  teacher at the time of the award and receives an annual
 4686  performance evaluation rating of highly effective pursuant to s.
 4687  1012.34 or is evaluated as highly effective based on a
 4688  commissioner-approved student learning growth formula pursuant
 4689  to s. 1012.34(8) for the 2019-2020 school year or thereafter.
 4690         2. A school district employee who is no longer a classroom
 4691  teacher may receive an award if the employee was a classroom
 4692  teacher in the prior school year, was rated highly effective,
 4693  and met the requirements of this section as a classroom teacher.
 4694         Section 42. Paragraph (e) of subsection (1) of section
 4695  1012.796, Florida Statutes, is amended to read:
 4696         1012.796 Complaints against teachers and administrators;
 4697  procedure; penalties.—
 4698         (1)
 4699         (e) If allegations arise against an employee who is
 4700  certified under s. 1012.56 and employed in an educator
 4701  certificated position in any public school, charter school or
 4702  governing board thereof, or private school that accepts
 4703  scholarship students who participate in a state scholarship
 4704  program under chapter 1002 under s. 1002.39 or s. 1002.395, the
 4705  school shall file in writing with the department a legally
 4706  sufficient complaint within 30 days after the date on which the
 4707  subject matter of the complaint came to the attention of the
 4708  school. A complaint is legally sufficient if it contains
 4709  ultimate facts that show a violation has occurred as provided in
 4710  s. 1012.795 and defined by rule of the State Board of Education.
 4711  The school shall include all known information relating to the
 4712  complaint with the filing of the complaint. This paragraph does
 4713  not limit or restrict the power and duty of the department to
 4714  investigate complaints, regardless of the school’s untimely
 4715  filing, or failure to file, complaints and followup reports.
 4716         Section 43. Subsection (11) of section 1012.98, Florida
 4717  Statutes, is amended to read:
 4718         1012.98 School Community Professional Development Act.—
 4719         (11) The department shall disseminate to the school
 4720  community proven model professional development programs that
 4721  have demonstrated success in increasing rigorous and relevant
 4722  content, increasing student achievement and engagement, meeting
 4723  identified student needs, and providing effective mentorship
 4724  activities to new teachers and training to teacher mentors. The
 4725  methods of dissemination must include a web-based statewide
 4726  performance-support system including a database of exemplary
 4727  professional development activities, a listing of available
 4728  professional development resources, training programs, and
 4729  available technical assistance. Professional development
 4730  resources must include sample course-at-a-glance and unit
 4731  overview templates that school districts may use when developing
 4732  curriculum. The templates must provide an organized structure
 4733  for addressing the Florida Standards, grade-level expectations,
 4734  evidence outcomes, and 21st century skills that build to
 4735  students’ mastery of the standards at each grade level. Each
 4736  template must support teaching to greater intellectual depth and
 4737  emphasize transfer and application of concepts, content, and
 4738  skills. At a minimum, each template must:
 4739         (a) Provide course or year-long sequencing of concept-based
 4740  unit overviews based on the Florida Standards.
 4741         (b) Describe the knowledge and vocabulary necessary for
 4742  comprehension.
 4743         (c) Promote the instructional shifts required within the
 4744  Florida Standards.
 4745         (d) Illustrate the interdependence of grade level
 4746  expectations within and across content areas within a grade.
 4747         Section 44. Paragraph (a) of subsection (2) of section
 4748  1013.28, Florida Statutes, is amended to read:
 4749         1013.28 Disposal of property.—
 4750         (2) TANGIBLE PERSONAL PROPERTY.—
 4751         (a) Tangible personal property that has been properly
 4752  classified as surplus by a district school board or Florida
 4753  College System institution board of trustees shall be disposed
 4754  of in accordance with the procedure established by chapter 274.
 4755  However, the provisions of chapter 274 shall not be applicable
 4756  to a motor vehicle used in driver education to which title is
 4757  obtained for a token amount from an automobile dealer or
 4758  manufacturer. In such cases, the disposal of the vehicle shall
 4759  be as prescribed in the contractual agreement between the
 4760  automotive agency or manufacturer and the board. Tangible
 4761  personal property that has been properly classified as surplus,
 4762  marked for disposal, or otherwise unused by a district school
 4763  board shall be provided for a charter school’s use on the same
 4764  basis as it is made available to other public schools in the
 4765  district. A charter school receiving property from the school
 4766  district may not sell or dispose of such property without the
 4767  written permission of the school district.
 4768         Section 45. Present paragraphs (a) through (d) of
 4769  subsection (1) of section 1013.31, Florida Statutes, are
 4770  redesignated as paragraphs (b) through (e), respectively, and a
 4771  new paragraph (a) is added to that subsection, to read:
 4772         1013.31 Educational plant survey; localized need
 4773  assessment; PECO project funding.—
 4774         (1) At least every 5 years, each board shall arrange for an
 4775  educational plant survey, to aid in formulating plans for
 4776  housing the educational program and student population, faculty,
 4777  administrators, staff, and auxiliary and ancillary services of
 4778  the district or campus, including consideration of the local
 4779  comprehensive plan. The Department of Education shall document
 4780  the need for additional career and adult education programs and
 4781  the continuation of existing programs before facility
 4782  construction or renovation related to career or adult education
 4783  may be included in the educational plant survey of a school
 4784  district or Florida College System institution that delivers
 4785  career or adult education programs. Information used by the
 4786  Department of Education to establish facility needs must
 4787  include, but need not be limited to, labor market data, needs
 4788  analysis, and information submitted by the school district or
 4789  Florida College System institution.
 4790         (a) Educational plant survey and localized need assessment
 4791  for capital outlay purposes.—A district may only use funds from
 4792  the following sources for educational, auxiliary, and ancillary
 4793  plant capital outlay purposes without needing a survey
 4794  recommendation:
 4795         1. The local capital outlay improvement fund, consisting of
 4796  funds that come from and are a part of the district’s basic
 4797  operating budget;
 4798         2. If a board decides to build an educational, auxiliary,
 4799  or ancillary facility without a survey recommendation and the
 4800  taxpayers approve a bond referendum, the voted bond referendum;
 4801         3. One-half cent sales surtax revenue;
 4802         4. One cent local governmental surtax revenue;
 4803         5. Impact fees; and
 4804         6. Private gifts or donations.
 4805         Section 46. Paragraph (e) is added to subsection (2) of
 4806  section 1013.385, Florida Statutes, to read:
 4807         1013.385 School district construction flexibility.—
 4808         (2) A resolution adopted under this section may propose
 4809  implementation of exceptions to requirements of the uniform
 4810  statewide building code for the planning and construction of
 4811  public educational and ancillary plants adopted pursuant to ss.
 4812  553.73 and 1013.37 relating to:
 4813         (e) Any other provisions that limit the ability of a school
 4814  to operate in a facility on the same basis as a charter school
 4815  pursuant to s. 1002.33(18) so long as the regional planning
 4816  council determines that there is sufficient shelter capacity
 4817  within the school district as documented in the Statewide
 4818  Emergency Shelter Plan.
 4819         Section 47. Subsections (1), (3), and (5) of section
 4820  1013.62, Florida Statutes, are amended to read:
 4821         1013.62 Charter schools capital outlay funding.—
 4822         (1) For the 2018-2019 fiscal year, charter school capital
 4823  outlay funding shall consist of revenue resulting from the
 4824  discretionary millage authorized in s. 1011.71(2) and state
 4825  funds when such funds are appropriated in the 2018-2019 General
 4826  Appropriations Act. Beginning in fiscal year 2019-2020, charter
 4827  school capital outlay funding shall consist of state funds when
 4828  such funds are appropriated in the General Appropriations Act
 4829  and revenue resulting from the discretionary millage authorized
 4830  in s. 1011.71(2) if the amount of state funds appropriated for
 4831  charter school capital outlay in any fiscal year is less than
 4832  the average charter school capital outlay funds per unweighted
 4833  full-time equivalent student for the 2018-2019 fiscal year,
 4834  multiplied by the estimated number of charter school students
 4835  for the applicable fiscal year, and adjusted by changes in the
 4836  Consumer Price Index issued by the United States Department of
 4837  Labor from the previous fiscal year. Nothing is this subsection
 4838  prohibits a school district from distributing to charter schools
 4839  funds resulting from the discretionary millage authorized in s.
 4840  1011.71(2).
 4841         (a) To be eligible to receive capital outlay funds, a
 4842  charter school must:
 4843         1.a. Have been in operation for 2 or more years;
 4844         b. Be governed by a governing board established in the
 4845  state for 2 or more years which operates both charter schools
 4846  and conversion charter schools within the state;
 4847         c. Be an expanded feeder chain of a charter school within
 4848  the same school district that is currently receiving charter
 4849  school capital outlay funds;
 4850         d. Have been accredited by a regional accrediting
 4851  association as defined by State Board of Education rule; or
 4852         e. Serve students in facilities that are provided by a
 4853  business partner for a charter school-in-the-workplace pursuant
 4854  to s. 1002.33(15)(b).
 4855         2. Have an annual audit that does not reveal any of the
 4856  financial emergency conditions provided in s. 218.503(1) for the
 4857  most recent fiscal year for which such audit results are
 4858  available.
 4859         3. Have satisfactory student achievement based on state
 4860  accountability standards applicable to the charter school.
 4861         4. Have received final approval from its sponsor pursuant
 4862  to s. 1002.33 for operation during that fiscal year.
 4863         5. Serve students in facilities that are not provided by
 4864  the charter school’s sponsor.
 4865         (b) A charter school is not eligible to receive capital
 4866  outlay funds if it was created by the conversion of a public
 4867  school and operates in facilities provided by the charter
 4868  school’s sponsor for a nominal fee, or at no charge, or if it is
 4869  directly or indirectly operated by the school district.
 4870         (3) If the school board levies the discretionary millage
 4871  authorized in s. 1011.71(2), and the state funds appropriated
 4872  for charter school capital outlay in any fiscal year are less
 4873  than the average charter school capital outlay funds per
 4874  unweighted full-time equivalent student for the 2018-2019 fiscal
 4875  year, multiplied by the estimated number of charter school
 4876  students for the applicable fiscal year, and adjusted by changes
 4877  in the Consumer Price Index issued by the United States
 4878  Department of Labor from the previous fiscal year, the
 4879  department shall use the following calculation methodology to
 4880  determine the amount of revenue that a school district must
 4881  distribute to each eligible charter school:
 4882         (a) Reduce the total discretionary millage revenue by the
 4883  school district’s annual debt service obligation incurred as of
 4884  March 1, 2017, which has not been subsequently retired, and any
 4885  amount of participation requirement pursuant to s.
 4886  1013.64(2)(a)8. that is being satisfied by revenues raised by
 4887  the discretionary millage.
 4888         (b) Divide the school district’s adjusted discretionary
 4889  millage revenue by the district’s total capital outlay full-time
 4890  equivalent membership and the total number of unweighted full
 4891  time equivalent students of each eligible charter school to
 4892  determine a capital outlay allocation per full-time equivalent
 4893  student.
 4894         (c) Multiply the capital outlay allocation per full-time
 4895  equivalent student by the total number of full-time equivalent
 4896  students of each eligible charter school to determine the
 4897  capital outlay allocation for each charter school.
 4898         (d) If applicable, reduce the capital outlay allocation
 4899  identified in paragraph (c) by the total amount of state funds
 4900  allocated to each eligible charter school in subsection (2) to
 4901  determine the maximum calculated capital outlay allocation.
 4902         (e) School districts shall distribute capital outlay funds
 4903  to charter schools no later than February 1 of each year, as
 4904  required by this subsection, based on the amount of funds
 4905  received by the district school board, beginning on February 1,
 4906  2018, for the 2017-2018 fiscal year. School districts shall
 4907  distribute any remaining capital outlay funds, as required by
 4908  this subsection, upon the receipt of such funds until the total
 4909  amount calculated pursuant to this subsection is distributed.
 4910  
 4911  By October 1 of each year, each school district shall certify to
 4912  the department the amount of debt service and participation
 4913  requirement that complies with the requirement of paragraph (a)
 4914  and can be reduced from the total discretionary millage revenue.
 4915  The Auditor General shall verify compliance with the
 4916  requirements of paragraph (a) and s. 1011.71(2)(e) during
 4917  scheduled operational audits of school districts.
 4918         (5) If a charter school is nonrenewed or terminated, any
 4919  unencumbered funds and all equipment and property purchased with
 4920  district public funds shall revert to the ownership of the
 4921  district school board, as provided for in s. 1002.33(8)(d) and
 4922  (e) s. 1002.33(8)(e) and (f). In the case of a charter lab
 4923  school, any unencumbered funds and all equipment and property
 4924  purchased with university public funds shall revert to the
 4925  ownership of the state university that issued the charter. The
 4926  reversion of such equipment, property, and furnishings shall
 4927  focus on recoverable assets, but not on intangible or
 4928  irrecoverable costs such as rental or leasing fees, normal
 4929  maintenance, and limited renovations. The reversion of all
 4930  property secured with public funds is subject to the complete
 4931  satisfaction of all lawful liens or encumbrances. If there are
 4932  additional local issues such as the shared use of facilities or
 4933  partial ownership of facilities or property, these issues shall
 4934  be agreed to in the charter contract prior to the expenditure of
 4935  funds.
 4936         Section 48. For the 2018-2019 fiscal year, the sum of
 4937  $13,750,000 in recurring funds from the General Revenue Fund and
 4938  the sum of $850,000 in nonrecurring funds from the General
 4939  Revenue Fund are appropriated to the Department of Education to
 4940  implement this act, except as provided in this section. Of the
 4941  recurring funds, $9,700,000 shall be used to fund reading
 4942  scholarship accounts pursuant to s. 1002.411, Florida Statutes,
 4943  $300,000 shall be provided as an administrative fee pursuant to
 4944  s. 1002.411(7)(g), Florida Statutes, $2,000,000 shall be used to
 4945  implement the provisions of s. 1002.40(8), Florida Statutes,
 4946  $950,000 shall be used to implement the additional oversight
 4947  requirements pursuant to s. 1002.421, Florida Statutes, $250,000
 4948  shall be used to issue a competitive grant award pursuant to s.
 4949  1002.395(9), Florida Statutes, and $550,000 shall be used for
 4950  instructional materials pursuant to s. 1007.271(13), Florida
 4951  Statutes. Of the nonrecurring funds, and contingent upon HB 1279
 4952  or similar legislation in the 2018 regular session or an
 4953  extension thereof becoming law,, $750,000 shall be used to fund
 4954  the web-based fiscal transparency tool required pursuant to s.
 4955  1010.20(2)(c), Florida Statutes, and $100,000 shall be used to
 4956  implement the provisions of s. 1011.051(2)(b), Florida Statutes,
 4957  as provided in HB 1279.
 4958         Section 49. For the 2017-2018 fiscal year, the sum of
 4959  $150,000 in nonrecurring funds from the General Revenue Fund are
 4960  appropriated to the Department of Revenue to implement the
 4961  creation of s. 212.099, Florida Statutes, by this act.
 4962         Section 50. The amendments made by this act to ss. 220.13,
 4963  220.1875, and 1002.395, Florida Statutes, apply to taxable years
 4964  beginning on or after January 1, 2018.
 4965         Section 51. (1) The Department of Revenue is authorized,
 4966  and all conditions are deemed to be met, to adopt emergency
 4967  rules pursuant to s. 120.54(4), Florida Statutes, for the
 4968  purpose of administering the provisions of this act.
 4969         (2) Notwithstanding any other provision of law, emergency
 4970  rules adopted pursuant to subsection (1) are effective for 6
 4971  months after adoption and may be renewed during the pendency of
 4972  procedures to adopt permanent rules addressing the subject of
 4973  the emergency rules.
 4974         (3) This section shall take effect upon this act becoming a
 4975  law and shall expire January 1, 2022.
 4976         Section 52. Except as otherwise expressly provided in this
 4977  act and except for this section, which shall take effect upon
 4978  this act becoming a law, this act shall take effect July 1,
 4979  2018.
 4980  
 4981  ================= T I T L E  A M E N D M E N T ================
 4982  And the title is amended as follows:
 4983         Delete everything before the enacting clause
 4984  and insert:
 4985                        A bill to be entitled                      
 4986         An act relating to education; amending s. 121.091,
 4987         F.S.; revising limitations on the maximum length of
 4988         participation in the Deferred Retirement Option
 4989         Program for certain instructional personnel and
 4990         administrative personnel; requiring an employer to
 4991         notify the Division of Retirement of the Department of
 4992         Management Services regarding any change in
 4993         termination date and program participation for each
 4994         affected member; providing a statement of important
 4995         state interest; creating s. 212.099, F.S.; defining
 4996         terms; authorizing eligible businesses to receive a
 4997         tax credit against specified taxes; requiring eligible
 4998         businesses to apply to the Department of Revenue for
 4999         an allocation; specifying uses for eligible
 5000         contributions; requiring the department to adopt
 5001         rules; amending s. 212.1831, F.S.; modifying the
 5002         calculation of the dealer’s collection allowance under
 5003         s. 212.12 to include certain contributions to eligible
 5004         nonprofit scholarship-funding organizations; creating
 5005         s. 212.1832, F.S.; authorizing certain persons to
 5006         receive a tax credit for certain contributions to
 5007         eligible nonprofit scholarship-funding organizations
 5008         for the Hope Scholarship Program; providing
 5009         requirements for motor vehicle dealers; requiring the
 5010         Department of Revenue to disregard certain tax credits
 5011         for specified purposes; providing that specified
 5012         provisions apply to certain provisions; amending s.
 5013         213.053, F.S.; providing definitions; authorizing the
 5014         Department of Revenue to provide a list of certain
 5015         taxpayers to certain nonprofit scholarship-funding
 5016         organizations; amending s. 220.13, F.S.; providing an
 5017         exception to the additions to the calculation of
 5018         adjusted taxable income for corporate income tax
 5019         purposes; amending s. 220.1875, F.S.; providing a
 5020         deadline for an eligible contribution to be made to an
 5021         eligible nonprofit scholarship-funding organization;
 5022         determining compliance with the requirement to pay
 5023         tentative taxes under ss. 220.222 and 220.32 for tax
 5024         credits under s. 1002.395; amending s. 1001.10, F.S.;
 5025         revising the private schools to which the Department
 5026         of Education is required to provide technical
 5027         assistance and authorized staff; amending s. 1002.33,
 5028         F.S.; revising the charter school application and
 5029         review process relating to the opening of a school;
 5030         revising the criteria for denying high-performing
 5031         charter school system applications; revising the
 5032         requirements for the term of a charter; revising
 5033         provisions for the modification of and the nonrenewal
 5034         or termination of a charter; revising the process for
 5035         resolving contractual disputes; requiring a sponsor to
 5036         provide specified information to the department
 5037         annually; requiring the department to include the
 5038         information in a specified report; amending s.
 5039         1002.331, F.S.; revising the criteria for designation
 5040         as a high-performing charter school; revising the
 5041         calculation used to determine facility capacity for
 5042         such charter schools; revising the number of schools
 5043         that can be established by a high-performing charter
 5044         school; amending s. 1002.333, F.S.; providing for
 5045         certain funds for the Schools of Hope Program to be
 5046         carried forward for a specified number of years;
 5047         amending s. 1002.37, F.S.; providing that certain
 5048         students shall be given priority; requiring school
 5049         districts to provide Florida Virtual School students
 5050         access to certain examinations and assessments and
 5051         certain information; amending s. 1002.385, F.S.;
 5052         revising eligible expenditures for the Gardiner
 5053         Scholarship Program; conforming provisions to changes
 5054         made by the act; amending s. 1002.39, F.S.; conforming
 5055         provisions to changes made by the act; amending s.
 5056         1002.395, F.S.; revising the requirements for an
 5057         annual report of certain student data for the Florida
 5058         Tax Credit Scholarship Program; providing an
 5059         application deadline for certain tax credits related
 5060         to nonprofit scholarship-funding organizations;
 5061         extending the carry forward period for unused tax
 5062         credits from 5 years to 10 years; providing
 5063         applicability of the carried forward tax credit for
 5064         purposes of certain taxes; removing the requirement
 5065         for a taxpayer to apply to the department for approval
 5066         of a carry forward tax credit; conforming provisions
 5067         to changes made by the act; creating s. 1002.40, F.S.;
 5068         establishing the Hope Scholarship Program; providing
 5069         the purpose of the program; providing definitions;
 5070         providing eligibility requirements; prohibiting the
 5071         payment of a scholarship under certain circumstances;
 5072         requiring a school principal to investigate a report
 5073         of physical violence or emotional abuse; requiring a
 5074         school district to notify an eligible student’s parent
 5075         of the program; requiring a school district to provide
 5076         certain information relating to the statewide
 5077         assessment program; providing requirements and
 5078         obligations for eligible private schools; providing
 5079         department obligations relating to participating
 5080         students and private schools and program requirements;
 5081         providing parent and student responsibilities for
 5082         initial and continued participation in the program;
 5083         providing eligible nonprofit scholarship-funding
 5084         organization obligations; providing for the
 5085         calculation of the scholarship amount; providing the
 5086         scholarship amount for students transferred to certain
 5087         public schools; requiring verification of specified
 5088         information before a scholarship may be disbursed;
 5089         providing requirements for the scholarship payments;
 5090         providing funds for administrative expenses for
 5091         certain nonprofit scholarship-funding organizations;
 5092         providing requirements for administrative expenses;
 5093         prohibiting an eligible nonprofit scholarship-funding
 5094         organization from charging an application fee;
 5095         providing Auditor General obligations; providing
 5096         requirements for taxpayer elections to contribute to
 5097         the program; requiring the Department of Revenue to
 5098         adopt forms to administer the program; providing
 5099         reporting requirements for eligible nonprofit
 5100         scholarship-funding organizations relating to taxpayer
 5101         contributions; providing requirements for certain
 5102         agents of the Department of Revenue and motor vehicle
 5103         dealers; providing penalties; providing for the
 5104         restitution of specified funds under certain
 5105         circumstances; providing that the state is not liable
 5106         for the award or use of program funds; prohibiting
 5107         additional regulations for private schools
 5108         participating in the program beyond those necessary to
 5109         enforce program requirements; requiring the State
 5110         Board of Education and the Department of Revenue to
 5111         adopt rules to administer the program; creating s.
 5112         1002.411, F.S.; establishing reading scholarship
 5113         accounts for specified purposes; providing for
 5114         eligibility for scholarships; providing for
 5115         administration; providing duties of the Department of
 5116         Education; providing school district obligations;
 5117         specifying options for parents; providing that maximum
 5118         funding shall be specified in the General
 5119         Appropriations Act; providing for payment of funds;
 5120         specifying that no state liability arises from the
 5121         award or use of such an account; amending s. 1002.421,
 5122         F.S.; providing private school requirements for
 5123         participation in educational scholarship programs;
 5124         providing background screening requirements and
 5125         procedures for owners of private schools; providing
 5126         that a private school is ineligible to participate in
 5127         an educational scholarship program under certain
 5128         circumstances; providing department obligations
 5129         relating to educational scholarship programs;
 5130         providing commissioner authority and responsibilities
 5131         for educational scholarship programs; authorizing the
 5132         commissioner to deny, suspend, or revoke a private
 5133         school’s participation in an educational scholarship
 5134         program; amending s. 1002.55, F.S.; authorizing an
 5135         early learning coalition to refuse to contract with
 5136         certain private prekindergarten providers; amending s.
 5137         1002.75, F.S.; authorizing an early learning coalition
 5138         to refuse to contract with or revoke the eligibility
 5139         of certain Voluntary Prekindergarten Education Program
 5140         providers; amending s. 1002.88, F.S.; authorizing an
 5141         early learning coalition to refuse to contract with or
 5142         revoke the eligibility of certain school readiness
 5143         program providers; amending s. 1003.44, F.S.;
 5144         requiring each district school board to adopt rules
 5145         for the display of the official state motto in
 5146         specified places; amending s. 1003.453, F.S.; revising
 5147         school wellness policies; providing requirements for
 5148         instruction in the use of cardiopulmonary
 5149         resuscitation; amending s. 1003.576, F.S.; requiring a
 5150         specified IEP system to be used statewide; deleting an
 5151         obsolete date; amending s. 1006.061, F.S.; revising
 5152         the applicability of certain child abuse, abandonment,
 5153         and neglect provisions; amending s. 1006.15, F.S.;
 5154         revising requirements for participation in
 5155         extracurricular student activities for certain
 5156         students; amending s. 1007.271, F.S.; deleting a
 5157         requirement for a home education student to provide
 5158         his or her own instructional materials; revising the
 5159         requirements for home education and private school
 5160         articulation agreements; amending s. 1008.22, F.S.;
 5161         requiring certain portions of the English Language
 5162         Arts assessments to include social studies content;
 5163         revising the format requirements for certain statewide
 5164         assessments; requiring published assessment items to
 5165         be in a format that meets certain criteria; amending
 5166         s. 1011.62, F.S.; renaming the “supplemental academic
 5167         instruction categorical fund” as the “supplemental
 5168         academic instruction allocation”; requiring certain
 5169         school districts to use the allocation for specified
 5170         purposes; deleting an obsolete date; deleting a
 5171         provision authorizing the Florida State University
 5172         School to expend specified funds for certain purposes;
 5173         prohibiting the award of certain bonuses to teachers
 5174         who fail to maintain the security of certain
 5175         examinations or violate certain protocols; authorizing
 5176         the state board to adopt rules for specified purposes;
 5177         conforming provisions to changes made by the act;
 5178         revising the research-based reading instruction
 5179         allocation; revising the criteria for establishing the
 5180         300 lowest-performing elementary schools; providing
 5181         requirements for staffing summer reading camps funded
 5182         through the allocation; requiring school districts
 5183         that meet specified criteria, rather than all school
 5184         districts, to submit a comprehensive reading plan for
 5185         specified purposes; deleting provisions for the
 5186         release or withholding of funds based on a school
 5187         district’s comprehensive reading plan; revising a
 5188         definition; requiring K-12 comprehensive reading plans
 5189         to provide for intensive reading interventions that
 5190         are delivered by teachers who meet certain criteria
 5191         beginning with a specified school year; providing
 5192         requirements for such interventions; amending s.
 5193         1011.6202, F.S.; renaming the “Principal Autonomy
 5194         Pilot Program” as the “Principal Autonomy Program”;
 5195         providing that any school district may apply to
 5196         participate in the program; providing that a school
 5197         shall retain its exemption from specified laws under
 5198         specified circumstances; requiring a designated
 5199         leadership team at a participating school to complete
 5200         a certain turnaround program; deleting a provision
 5201         providing a specified amount of funds to a
 5202         participating school district that completes the
 5203         turnaround program; providing requirements for such
 5204         schools; providing for such schools to participate in
 5205         the program; providing requirements for such
 5206         participation; specifying that no school district
 5207         liability arises from the management of such schools;
 5208         deleting a school’s authority to renew participation
 5209         in the program; deleting reporting requirements;
 5210         providing for funding; revising the principal
 5211         eligibility criteria for a salary supplement through
 5212         the program; amending s. 1011.69, F.S.; authorizing
 5213         certain high schools to receive Title I funds;
 5214         providing that a school district may withhold Title I
 5215         funds for specified purposes; authorizing certain
 5216         schools to use Title I funds for specified purposes;
 5217         providing an exception for specified funds; amending
 5218         s. 1011.71, F.S.; prohibiting a school district from
 5219         withholding charter school administrative fees under
 5220         certain circumstances; amending s. 1012.2315, F.S.;
 5221         requiring certain employee organizations to include
 5222         specified information in a specified application and
 5223         to petition for recertification for specified
 5224         purposes; amending s. 1012.28, F.S.; conforming
 5225         provisions to changes made by the act; amending s.
 5226         1012.315, F.S.; revising the applicability of certain
 5227         provisions related to disqualification from employment
 5228         for the conviction of specified offenses; amending s.
 5229         1012.32, F.S.; requiring a district school board to
 5230         reimburse certain costs if it fails to notify a
 5231         charter school of the eligibility status of certain
 5232         persons; amending s. 1012.562, F.S.; authorizing
 5233         charter schools and charter management organizations
 5234         to offer school leader preparation programs; amending
 5235         s. 1012.586, F.S.; requiring the Department of
 5236         Education to consider the award of endorsements for a
 5237         teaching certificate to individuals who hold specified
 5238         certifications or who complete specified programs that
 5239         meet certain criteria in a specified review; amending
 5240         s. 1012.731, F.S.; extending eligibility for the
 5241         Florida Best and Brightest Teacher Scholarship Program
 5242         to school district employees who, in the prior school
 5243         year, were classroom teachers and met certain
 5244         eligibility requirements; amending s. 1012.796, F.S.;
 5245         revising the applicability of a requirement that
 5246         certain private schools file specified reports with
 5247         the department for certain allegations against its
 5248         employees; amending s. 1012.98, F.S.; requiring
 5249         professional development resources to include sample
 5250         course-at-a-glance and unit overview templates;
 5251         providing requirements for such templates; amending s.
 5252         1013.28, F.S.; requiring school districts to provide
 5253         charter schools access to certain property on the same
 5254         basis as public schools; prohibiting certain actions
 5255         by a charter school without the written permission of
 5256         the school district; amending s. 1013.31, F.S.;
 5257         authorizing a district to use certain sources of funds
 5258         for educational, auxiliary, and ancillary plant
 5259         capital outlay purposes without needing a survey
 5260         recommendation; amending s. 1013.385, F.S.; providing
 5261         additional exceptions to certain building code
 5262         regulations for school districts; amending s. 1013.62,
 5263         F.S.; revising requirements for charter school capital
 5264         outlay funding; requiring each district to certify
 5265         certain information to the department by October 1
 5266         each year; conforming provisions to changes made by
 5267         the act; providing appropriations; providing
 5268         retroactive applicability; authorizing the Department
 5269         of Revenue to adopt emergency rules for specified
 5270         purposes; providing an effective date.