Bill Amendment: FL H7055 | 2018 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Education
Status: 2018-03-12 - Chapter No. 2018-6 [H7055 Detail]
Download: Florida-2018-H7055-Senate_Committee_Amendment_826696.html
Bill Title: Education
Status: 2018-03-12 - Chapter No. 2018-6 [H7055 Detail]
Download: Florida-2018-H7055-Senate_Committee_Amendment_826696.html
Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. CS for HB 7055 Ì826696\Î826696 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Education (Hukill) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 212.1832, Florida Statutes, is created 6 to read: 7 212.1832 Credit for contributions to the Hope Scholarship 8 Program.— 9 (1) Upon adoption of rules, the purchaser of a motor 10 vehicle shall be granted a credit of 100 percent of an eligible 11 contribution made to an eligible nonprofit scholarship-funding 12 organization under s. 1002.40 against any tax imposed by the 13 state and collected from the purchaser by a dealer, designated 14 agent, or private tag agent as a result of the purchase or 15 acquisition of a motor vehicle. For purposes of this subsection, 16 the term “purchase” does not include the lease or rental of a 17 motor vehicle. 18 (2) A dealer shall take a credit against any tax imposed by 19 the state under this chapter on the purchase of a motor vehicle 20 in an amount equal to the credit granted to the purchaser under 21 subsection (1). 22 (3) For purposes of the distributions of tax revenue under 23 s. 212.20, the department shall disregard any tax credits 24 allowed under this section to ensure that any reduction in tax 25 revenue received that is attributable to the tax credits results 26 only in a reduction in distributions to the General Revenue 27 Fund. The provisions of s. 1002.40 apply to the credit 28 authorized by this section. 29 Section 2. Subsection (21) is added to section 213.053, 30 Florida Statutes, to read: 31 213.053 Confidentiality and information sharing.— 32 (21)(a) The department may provide to an eligible nonprofit 33 scholarship-funding organization, as defined in s. 1002.40, a 34 dealer’s name, address, federal employer identification number, 35 and information related to differences between credits taken by 36 the dealer pursuant to s. 212.1832(2) and amounts remitted to 37 the eligible nonprofit scholarship-funding organization under s. 38 1002.40(13)(b)3. The eligible nonprofit scholarship-funding 39 organization may use the information for purposes of recovering 40 eligible contributions designated for that organization that 41 were collected by the dealer but never remitted to the 42 organization. 43 (b) Nothing in this subsection authorizes the disclosure of 44 information if such disclosure is prohibited by federal law. An 45 eligible nonprofit scholarship-funding organization is bound by 46 the same requirements of confidentiality and the same penalties 47 for a violation of the requirements as the department. 48 Section 3. Effective July 1, 2019, chapter 623, Florida 49 Statutes, consisting of sections 623.01, 623.02, 623.03, 623.04, 50 623.05, 623.06, 623.07, 623.08, 623.09, 623.10, 623.11, 623.12, 51 623.13, and 623.14, is repealed. 52 Section 4. Subsections (4) and (5) of section 1001.10, 53 Florida Statutes, are amended to read: 54 1001.10 Commissioner of Education; general powers and 55 duties.— 56 (4) The Department of Education shall provide technical 57 assistance to school districts, charter schools, the Florida 58 School for the Deaf and the Blind, and private schools that 59 accept scholarship students under s. 1002.385, s. 1002.39,ors. 60 1002.395, or another state scholarship program under chapter 61 1002 in the development of policies, procedures, and training 62 related to employment practices and standards of ethical conduct 63 for instructional personnel and school administrators, as 64 defined in s. 1012.01. 65 (5) The Department of Education shall provide authorized 66 staff of school districts, charter schools, the Florida School 67 for the Deaf and the Blind, and private schools that accept 68 scholarship students under s. 1002.385, s. 1002.39,ors. 69 1002.395, or another state scholarship program under chapter 70 1002 with access to electronic verification of information from 71 the following employment screening tools: 72 (a) The Professional Practices’ Database of Disciplinary 73 Actions Against Educators; and 74 (b) The Department of Education’s Teacher Certification 75 Database. 76 77 This subsection does not require the department to provide these 78 staff with unlimited access to the databases. However, the 79 department shall provide the staff with access to the data 80 necessary for performing employment history checks of the 81 instructional personnel and school administrators included in 82 the databases. 83 Section 5. Section 1001.4205, Florida Statutes, is amended 84 to read: 85 1001.4205 Visitation of schoolsby an individual school86board or charter school governing board member.—An individual 87 member of a district school board may, on any day and at any 88 time at his or her pleasure, visit any district school in his or 89 her school district. An individual member of the State 90 Legislature may, on any day and at any time at his or her 91 pleasure, visit any district school, including any charter 92 school, in his or her legislative district. An individual member 93 of a charter school governing boardmembermay, on any day and 94 at any time at his or her pleasure, visit any charter school 95 governed by the charter school’s governing board. 96 (1) The visiting individualboard membermust sign in and 97 sign out at the school’s main office and wear his or her board 98 or State Legislature identification badge, as applicable, at all 99 times while present on school premises. 100 (2) The board, the school, or any other person or entity, 101 including, but not limited to, the principal of the school, the 102 school superintendent, or anyotherboard member, may not 103 require the visiting individualboard memberto provide notice 104 before visiting the school. 105 (3) The school may offer, but may not require, an escort to 106 accompany theavisiting individualboard memberduring the 107 visit. 108 (4) AAnotherboard member or a district employee, 109 including, but not limited to, the superintendent, the school 110 principal, or the superintendent’s or the principal’shis or her111 designee, may not limit the duration or scope of the visit or 112 direct theavisiting individualboard memberto leave the 113 premises. 114 (5) A board, district, or school administrative policy or 115 practice may not prohibit or limit the authority granted to the 116 visiting individuala board memberunder this section. 117 Section 6. Section 1002.01, Florida Statutes, is amended to 118 read: 119 1002.01 Definitions.— 120 (1) A “home education program” means the sequentially 121 progressive instruction of a student directed by his or her 122 parent in order to satisfy the attendance requirements of ss. 123 1002.41, 1003.01(13), and 1003.21(1). 124 (2) A “private school” is a nonpublic school that is 125 registered in accordance with s. 1002.42 and is defined as an 126 individual, association, copartnership, or corporation, or 127 department, division, or section of such organizations, that 128 designates itself as an educational center that includes 129 kindergarten or a higher grade or as an elementary, secondary, 130 business, technical, or trade school below college level or any 131 organization that provides instructional services that meet the 132 intent of s. 1003.01(13) or that gives preemployment or 133 supplementary training in technology or in fields of trade or 134 industry or that offers academic, literary, or career training 135 below college level, or any combination of the above, including 136 an institution that performs the functions of the above schools 137 through correspondence or extension, except those licensed under 138 the provisions of chapter 1005. A private school may be a 139 parochial, religious, denominational, for-profit, or nonprofit 140 school attended by a student in order to satisfy the attendance 141 requirements of s. 1003.01(13). This definition does not include 142 home education programs conducted in accordance with s. 1002.41. 143 (3) For purposes of this chapter, a “scholarship program” 144 means any one of the following: 145 (a) The Opportunity Scholarship Program established 146 pursuant to s. 1002.38. 147 (b) The Gardiner Scholarship Program established pursuant 148 to s. 1002.385. 149 (c) The John M. McKay Scholarships for Students with 150 Disabilities Program established pursuant to s. 1002.39. 151 (d) The Florida Tax Credit Scholarship Program established 152 pursuant to s. 1002.395. 153 (e) The Hope Scholarship Program established pursuant to s. 154 1002.40. 155 Section 7. Paragraph (b) of subsection (2) and subsection 156 (6) of section 1002.20, Florida Statutes, are amended to read: 157 1002.20 K-12 student and parent rights.—Parents of public 158 school students must receive accurate and timely information 159 regarding their child’s academic progress and must be informed 160 of ways they can help their child to succeed in school. K-12 161 students and their parents are afforded numerous statutory 162 rights including, but not limited to, the following: 163 (2) ATTENDANCE.— 164 (b) Regular school attendance.—Parents of students who have 165 attained the age of 6 years by February 1 of any school year but 166 who have not attained the age of 16 years must comply with the 167 compulsory school attendance laws. Parents have the option to 168 comply with the school attendance laws by attendance of the 169 student in a public school; a private parochial, religious, or 170 denominational school; a private school; or a home education 171 program; or a private tutoring program, in accordance withthe172provisions ofs. 1003.01(13). 173 (6) EDUCATIONAL CHOICE.— 174 (a) Public educational school choices.—Parents of public 175 school students may seek any public educational school choice 176 options that are applicable and available to students throughout 177 the state. These options may include controlled open enrollment, 178 single-gender programs, lab schools, virtual instruction 179 programs, charter schools, charter technical career centers, 180 magnet schools, alternative schools, special programs, auditory 181 oral education programs, advanced placement, dual enrollment, 182 International Baccalaureate, International General Certificate 183 of Secondary Education (pre-AICE), CAPE digital tools, CAPE 184 industry certifications, collegiate high school programs, 185 Advanced International Certificate of Education, early 186 admissions, credit by examination or demonstration of 187 competency, the New World School of the Arts, the Florida School 188 for the Deaf and the Blind, and the Florida Virtual School. 189 These options may also include the public educational choice 190 options of the Opportunity Scholarship Program and the McKay 191 Scholarships for Students with Disabilities Program. 192 (b) Private educational choices.—The parent of a student 193 may choose to enroll the student in a private school, as defined 194 in s. 1002.01(2). Parents of public school students may seek 195 private educational choice options under certain programs. 196 1. Under the McKay Scholarships for Students with 197 Disabilities Program, the parent of a public school student with 198 a disability may request and receive a McKay Scholarship for the 199 student to attend a private school in accordance with s. 200 1002.39. 201 2. Under the Florida Tax Credit Scholarship Program, the 202 parent of a student who qualifies for free or reduced-price 203 school lunch or who is currently placed, or during the previous 204 state fiscal year was placed, in foster care as defined in s. 205 39.01 may seek a scholarship from an eligible nonprofit 206 scholarship-funding organization in accordance with s. 1002.395. 207 3. Under the Gardiner Scholarship ProgramFlorida Personal208Learning Scholarship Accounts Program, the parent of a student 209 with a qualifying disability may apply for a Gardiner 210 Scholarshippersonal learning scholarshipto be used for 211 individual educational needs in accordance with s. 1002.385. 212 4. Under the Hope Scholarship Program, the parent of a 213 student who was the victim of a substantiated incident of 214 violence or abuse while attending a public school may seek a 215 scholarship for the student to attend a private school in 216 accordance with s. 1002.40. 217 (c) Home education.—The parent of a student may choose to 218 place the student in a home education program, as defined in s. 219 1002.01(1), in accordance withthe provisions ofs. 1002.41. 220(d)Private tutoring.—The parent of a student may choose to221place the student in a private tutoring program in accordance222with the provisions of s. 1002.43(1).223 Section 8. Paragraph (b) of subsection (6) of section 224 1002.33, Florida Statutes, is amended to read: 225 1002.33 Charter schools.— 226 (6) APPLICATION PROCESS AND REVIEW.—Charter school 227 applications are subject to the following requirements: 228 (b) A sponsor shall receive and review all applications for 229 a charter school using the evaluation instrument developed by 230 the Department of Education. A sponsor shall receive and 231 consider charter school applications received on or before 232 August 1 of each calendar year for charter schools to be opened 233 at the beginning of the school district’s next school year, or 234 to be opened at a time agreed to by the applicant and the 235 sponsor. A sponsor may not refuse to receive a charter school 236 application submitted before August 1 and may receive an 237 application submitted later than August 1 if it chooses. 238 Beginning in 2018 and thereafter, a sponsor shall receive and 239 consider charter school applications received on or before 240 February 1 of each calendar year for charter schools to be 241 opened 18 months later at the beginning of the school district’s 242 school year, or to be opened at a time agreed to by the 243 applicant and the sponsor. A sponsor may not refuse to receive a 244 charter school application submitted before February 1 and may 245 receive an application submitted later than February 1 if it 246 chooses. A sponsor may not charge an applicant for a charter any 247 fee for the processing or consideration of an application, and a 248 sponsor may not base its consideration or approval of a final 249 application upon the promise of future payment of any kind. 250 Before approving or denying any application, the sponsor shall 251 allow the applicant, upon receipt of written notification, at 252 least 7 calendar days to make technical or nonsubstantive 253 corrections and clarifications, including, but not limited to, 254 corrections of grammatical, typographical, and like errors or 255 missing signatures, if such errors are identified by the sponsor 256 as cause to deny the final application. 257 1. In order to facilitate an accurate budget projection 258 process, a sponsor shall be held harmless for FTE students who 259 are not included in the FTE projection due to approval of 260 charter school applications after the FTE projection deadline. 261 In a further effort to facilitate an accurate budget projection, 262 within 15 calendar days after receipt of a charter school 263 application, a sponsor shall report to the Department of 264 Education the name of the applicant entity, the proposed charter 265 school location, and its projected FTE. 266 2. In order to ensure fiscal responsibility, an application 267 for a charter school shall include a full accounting of expected 268 assets, a projection of expected sources and amounts of income, 269 including income derived from projected student enrollments and 270 from community support, and an expense projection that includes 271 full accounting of the costs of operation, including start-up 272 costs. 273 3.a. A sponsor shall by a majority vote approve or deny an 274 application no later than 90 calendar days after the application 275 is received, unless the sponsor and the applicant mutually agree 276 in writing to temporarily postpone the vote to a specific date, 277 at which time the sponsor shall by a majority vote approve or 278 deny the application. If the sponsor fails to act on the 279 application, an applicant may appeal to the State Board of 280 Education as provided in paragraph (c). If an application is 281 denied, the sponsor shall, within 10 calendar days after such 282 denial, articulate in writing the specific reasons, based upon 283 good cause, supporting its denial of the application and shall 284 provide the letter of denial and supporting documentation to the 285 applicant and to the Department of Education. 286 b. An application submitted by a high-performing charter 287 school identified pursuant to s. 1002.331 or a high-performing 288 charter school system identified pursuant to s. 1002.332 may be 289 denied by the sponsor only if the sponsor demonstrates by clear 290 and convincing evidence that: 291 (I) The application does not materially comply with the 292 requirements in paragraph (a); 293 (II) The charter school proposed in the application does 294 not materially comply with the requirements in paragraphs 295 (9)(a)-(f); 296 (III) The proposed charter school’s educational program 297 does not substantially replicate that of the applicant or one of 298 the applicant’s high-performing charter schools; 299 (IV) The applicant has made a material misrepresentation or 300 false statement or concealed an essential or material fact 301 during the application process; or 302 (V) The proposed charter school’s educational program and 303 financial management practices do not materially comply with the 304 requirements of this section. 305 306 Material noncompliance is a failure to follow requirements or a 307 violation of prohibitions applicable to charter school 308 applications, which failure is quantitatively or qualitatively 309 significant either individually or when aggregated with other 310 noncompliance. An applicant is considered to be replicating a 311 high-performing charter school if the proposed school is 312 substantially similar to at least one of the applicant’s high 313 performing charter schools and the organization or individuals 314 involved in the establishment and operation of the proposed 315 school are significantly involved in the operation of replicated 316 schools. 317 c. If the sponsor denies an application submitted by a 318 high-performing charter school or a high-performing charter 319 school system, the sponsor must, within 10 calendar days after 320 such denial, state in writing the specific reasons, based upon 321 the criteria in sub-subparagraph b., supporting its denial of 322 the application and must provide the letter of denial and 323 supporting documentation to the applicant and to the Department 324 of Education. The applicant may appeal the sponsor’s denial of 325 the application in accordance with paragraph (c). 326 4. For budget projection purposes, the sponsor shall report 327 to the Department of Education the approval or denial of an 328 application within 10 calendar days after such approval or 329 denial. In the event of approval, the report to the Department 330 of Education shall include the final projected FTE for the 331 approved charter school. 332 5. Upon approval of an application, the initial startup 333 shall commence with the beginning of the public school calendar 334 for the district in which the charter is granted. A charter 335 school may defer the opening of the school’s operations for up 336 to 32years to provide time for adequate facility planning. The 337 charter school must provide written notice of such intent to the 338 sponsor and the parents of enrolled students at least 30 339 calendar days before the first day of school. 340 Section 9. Subsection (1) of section 1002.331, Florida 341 Statutes, is amended to read: 342 1002.331 High-performing charter schools.— 343 (1) A charter school is a high-performing charter school if 344 it: 345 (a) Received at least two school grades of “A” and no 346 school grade below “B,” pursuant to s. 1008.34, during each of 347 the previous 3 school years or received at least two consecutive 348 school grades of “A” in the most recent 2 school years. 349 (b) Received an unqualified opinion on each annual 350 financial audit required under s. 218.39 in the most recent 3 351 fiscal years for which such audits are available. 352 (c) Did not receive a financial audit that revealed one or 353 more of the financial emergency conditions set forth in s. 354 218.503(1) in the most recent 3 fiscal years for which such 355 audits are available. However, this requirement is deemed met 356 for a charter school-in-the-workplace if there is a finding in 357 an audit that the school has the monetary resources available to 358 cover any reported deficiency or that the deficiency does not 359 result in a deteriorating financial condition pursuant to s. 360 1002.345(1)(a)3. 361 362 For purposes of determining initial eligibility, the 363 requirements of paragraphs (b) and (c) only apply to the most 364 recent 2 fiscal years if the charter school earns two 365 consecutive grades of “A.” A virtual charter school established 366 under s. 1002.33 is not eligible for designation as a high 367 performing charter school. 368 Section 10. Present subsections (11) and (12) of section 369 1002.333, Florida Statutes, are redesignated as subsections (12) 370 and (13), respectively, a new subsection (11) is added to that 371 section, and subsections (1) and (2), paragraph (a) of 372 subsection (4), paragraphs (b), (g), and (i) of subsection (5), 373 paragraph (a) of subsection (7), subsection (9), and paragraph 374 (b) of subsection (10) of that section are amended, to read: 375 1002.333 Persistently low-performing schools.— 376 (1) DEFINITIONS.—As used in this section, the term: 377 (a) “Hope operator” means an entity identified by the 378 department pursuant to subsection (2). 379 (b) “Persistently low-performing school” means a school 380 that has completed 2 school years of a district-managed 381 turnaround plan required under s. 1008.33(4)(a) and has not 382 improved its school grade to a “C” or higher,earned three383consecutive grades lower than a “C,”pursuant to s. 1008.34, and 384 a school that was closed pursuant to s. 1008.33(4) within 2 385 years after the submission of a notice of intent. 386 (c) “School of hope” means: 387 1. A charter school operated by a hope operator which 388 serves students from one or more persistently low-performing 389 schools;is located in the attendance zone of a persistently 390 low-performing schoolor within a 5-mile radius of such school,391whichever is greater;and is a Title I eligible school; or 392 2. A school operated by a hope operator pursuant to s. 393 1008.33(4)(b)3.b.s. 1008.33(4)(b)3.394 (2) HOPE OPERATOR.—A hope operator is a nonprofit 395 organization with tax exempt status under s. 501(c)(3) of the 396 Internal Revenue Code whichthatoperates three or more charter 397 schools that serve students in grades K-12 in Florida or other 398 states with a record of serving students from low-income 399 families and is designated by the State Board of Education as a 400 hope operator based on a determination that: 401 (a) The past performance of the hope operator meets or 402 exceeds the following criteria: 403 1. The achievement of enrolled students exceeds the 404 district and state averages of the states in which the 405 operator’s schools operate; 406 2. The average college attendance rate at all schools 407 currently operated by the operator exceeds 80 percent, if such 408 data is available; 409 3. The percentage of students eligible for a free or 410 reduced price lunch under the National School Lunch Act enrolled 411 at all schools currently operated by the operator exceeds 70 412 percent; 413 4. The operator is in good standing with the authorizer in 414 each state in which it operates; 415 5. The audited financial statements of the operator are 416 free of material misstatements and going concern issues; and 417 6. Other outcome measures as determined by the State Board 418 of Education; 419 (b) The operator was awarded a United States Department of 420 Education Charter School Program Grant for Replication and 421 Expansion of High-Quality Charter Schools within the preceding 3 422 years before applying to be a hope operator; 423 (c) The operator receives funding through the National Fund 424 of the Charter School Growth Fund to accelerate the growth of 425 the nation’s best charter schools; or 426 (d) The operator is selected by a district school board in 427 accordance with s. 1008.33. 428 429 An entity that meets the requirements of paragraph (b), 430 paragraph (c), or paragraph (d) before the adoption by the state 431 board of measurable criteria pursuant to paragraph (a) shall be 432 designated as a hope operator. After the adoption of the 433 measurable criteria, an entity, including a governing board that 434 operates a school established pursuant to s. 1008.33(4)(b)3.b. 435s. 1008.33(4)(b)3., shall be designated as a hope operator if it 436 meets the criteria of paragraph (a). 437 (4) ESTABLISHMENT OF SCHOOLS OF HOPE.—A hope operator 438 seeking to open a school of hope must submit a notice of intent 439 to the school district in which a persistently low-performing 440 school has been identified by the State Board of Education 441 pursuant to subsection (10). 442 (a) The notice of intent must include all of the following: 443 1. An academic focus and plan. 444 2. A financial plan. 445 3. Goals and objectives for increasing student achievement 446 for the students from low-income families. 447 4. A completed or planned community outreach plan. 448 5. The organizational history of success in working with 449 students with similar demographics. 450 6. The grade levels to be served and enrollment 451 projections. 452 7. The specificproposedlocation or geographic area 453 proposed for the school and its proximity to the persistently 454 low-performing school or the plan to use the district-owned 455 facilities of the persistently low-performing school. 456 8. A staffing plan. 457 9. An operations plan specifying the operator’s intent to 458 undertake the operations of the persistently low-performing 459 school in its entirety or through limited components of the 460 operations. 461 (5) PERFORMANCE-BASED AGREEMENT.—The following shall 462 comprise the entirety of the performance-based agreement: 463(b) The location or geographic area proposed for the school464of hope and its proximity to the persistently low-performing465school.466 (f)(g)The grounds for termination, including failure to 467 meet the requirements for student performance established 468 pursuant to paragraph (d)(e), generally accepted standards of 469 fiscal management, or material violation of terms of the 470 agreement. The nonrenewal or termination of a performance-based 471 agreement must comply with the requirements of s. 1002.33(8). 472 (h)(i)A provision establishing the initial term as 5 473 years. The agreement mustshallbe renewed, upon the request of 474 the hope operator, unless the school fails to meet the 475 requirements for student performance established pursuant to 476 paragraph (d)(e)or generally accepted standards of fiscal 477 management or the school of hope materially violates the law or 478 the terms of the agreement. 479 (7) FACILITIES.— 480 (a)1. A school of hope that meets the definition under 481 subparagraph (1)(c)1. shall use facilities that comply with the 482 Florida Building Code, except for the State Requirements for 483 Educational Facilities.A school of hope that uses school484district facilities must comply with the State Requirements for485Educational Facilities only if the school district and the hope486operator have entered into a mutual management plan for the487reasonable maintenance of such facilities. The mutual management488plan shall contain a provision by which the district school489board agrees to maintain the school facilities in the same490manner as its other public schools within the district.491 2. A school of hope that meets the definition under 492 subparagraph (1)(c)2. and that receives funds from the hope 493 supplemental services allocation under s. 1011.62(16) shall use 494 the district-owned facilities of the persistently low-performing 495 school that the school of hope operates. A school of hope that 496 uses district-owned facilities must enter into a mutual 497 management plan with the school district for the reasonable 498 maintenance of the facilities. The mutual management plan must 499 contain a provision specifying that the district school board 500 agrees to maintain the school facilities in the same manner as 501 other public schools within the district. 502 503 The local governing authority shall not adopt or impose any 504 local building requirements or site-development restrictions, 505 such as parking and site-size criteria, student enrollment, and 506 occupant load, that are addressed by and more stringent than 507 those found in the State Requirements for Educational Facilities 508 of the Florida Building Code. A local governing authority must 509 treat schools of hope equitably in comparison to similar 510 requirements, restrictions, and site planning processes imposed 511 upon public schools. The agency having jurisdiction for 512 inspection of a facility and issuance of a certificate of 513 occupancy or use shall be the local municipality or, if in an 514 unincorporated area, the county governing authority. If an 515 official or employee of the local governing authority refuses to 516 comply with this paragraph, the aggrieved school or entity has 517 an immediate right to bring an action in circuit court to 518 enforce its rights by injunction. An aggrieved party that 519 receives injunctive relief may be awarded reasonable attorney 520 fees and court costs. 521 (9) FUNDING.— 522 (a) Schools of hope shall be funded in accordance with s. 523 1002.33(17). 524 (b) Schools of hope shall receive priority in the 525 department’s Public Charter School Grant Program competitions. 526 (c) Schools of hope shall be considered charter schools for 527 purposes of s. 1013.62, except charter capital outlay may not be 528 used to purchase real property or for the construction of school 529 facilities. 530 (d) Schools of hope that meet the definition under 531 subparagraph (1)(c)1. are eligible to receive funds from the 532 Schools of Hope Program. 533 (e) Schools of hope that meet the definition under 534 subparagraph (1)(c)2. are eligible to receive funds from the 535 hope supplemental services allocation established under s. 536 1011.62(16). 537 (10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program 538 is created within the Department of Education. 539 (b) A traditional public school that is required to submit 540 a plan for implementation pursuant to s. 1008.33(4) is eligible 541 to receive funding for services authorizedup to $2,000 per542full-time equivalent studentfrom the hope supplemental services 543 allocation established under s. 1011.62(16)Schools of Hope544Program based upon the strength of the school’s plan for545implementation and its focus on evidence-based interventions546that lead to student success by providing wrap-around services547that leverage community assets, improve school and community548collaboration, and develop family and community partnerships. 549Wrap-around services include, but are not limited to, tutorial550and after-school programs, student counseling, nutrition551education, parental counseling, and adult education. Plans for552implementation may also include models that develop a culture of553attending college, high academic expectations, character554development, dress codes, and an extended school day and school555year. At a minimum, a plan for implementation must:5561. Establish wrap-around services that develop family and557community partnerships.5582. Establish clearly defined and measurable high academic559and character standards.5603. Increase parental involvement and engagement in the561child’s education.5624. Describe how the school district will identify, recruit,563retain, and reward instructional personnel. The state board may564waive the requirements of s. 1012.22(1)(c)5., and suspend the565requirements of s. 1012.34, to facilitate implementation of the566plan.5675. Identify a knowledge-rich curriculum that the school568will use that focuses on developing a student’s background569knowledge.5706. Provide professional development that focuses on571academic rigor, direct instruction, and creating high academic572and character standards.573 (11) SCHOOLS OF HOPE MANAGEMENT.—A hope operator or the 574 owner of a school of hope may not serve as the principal of any 575 school that he or she manages. 576 Section 11. Section 1002.334, Florida Statutes, is created 577 to read: 578 1002.334 Franchise model schools.— 579 (1) As used in this section, the term “franchise model 580 school” means a persistently low-performing school, as defined 581 in s. 1002.333(1)(b), which is led by a highly effective 582 principal in addition to the principal’s currently assigned 583 school. If a franchise model school achieves a grade of “C” or 584 higher, the school may retain its status as a franchise model 585 school at the discretion of the school district. 586 (2) A school district that has one or more persistently 587 low-performing schools may use a franchise model school as a 588 school turnaround option pursuant to s. 1008.33(4)(b)4. 589 (3) A franchise model school principal: 590 (a) Must be rated as highly effective pursuant to s. 591 1012.34; 592 (b) May lead two or more schools, including a persistently 593 low-performing school or a school that was considered a 594 persistently low-performing school before becoming a franchise 595 model school; 596 (c) May allocate resources and personnel between the 597 schools under his or her administration; however, he or she must 598 expend hope supplemental services allocation funds, authorized 599 under s. 1011.62(16), at the franchise model school; and 600 (d) Is eligible to receive a Best and Brightest Principal 601 award under s. 1012.732. 602 Section 12. Paragraph (d) of subsection (2), paragraphs (d) 603 and (h) of subsection (5), subsection (8), and paragraph (a) of 604 subsection (11) of section 1002.385, Florida Statutes, are 605 amended to read: 606 1002.385 The Gardiner Scholarship.— 607 (2) DEFINITIONS.—As used in this section, the term: 608 (d) “Disability” means, for a 3- or 4-year-old child or for 609 a student in kindergarten to grade 12, autism spectrum disorder, 610 as defined in the Diagnostic and Statistical Manual of Mental 611 Disorders, Fifth Edition, published by the American Psychiatric 612 Association; cerebral palsy, as defined in s. 393.063(6); Down 613 syndrome, as defined in s. 393.063(15); an intellectual 614 disability, as defined in s. 393.063(24); Phelan-McDermid 615 syndrome, as defined in s. 393.063(28); Prader-Willi syndrome, 616 as defined in s. 393.063(29); spina bifida, as defined in s. 617 393.063(40); being a high-risk child, as defined in s. 618 393.063(23)(a); muscular dystrophy; Williams syndrome; a rare 619 disease, a disorder that affectsdiseaseswhichaffectpatient 620 populations offewer than200,000 individuals or fewer in the 621 United States, as defined by the Orphan Drug Act of 1983, Pub. 622 L. No. 97-414National Organization for Rare Disorders; 623 anaphylaxis; deaf; visually impaired; traumatic brain injured; 624 hospital or homebound; or identification as dual sensory 625 impaired, as defined by rules of the State Board of Education 626 and evidenced by reports from local school districts. The term 627 “hospital or homebound” includes a student who has a medically 628 diagnosed physical or psychiatric condition or illness, as 629 defined by the state board in rule, and who is confined to the 630 home or hospital for more than 6 months. 631 (5) AUTHORIZED USES OF PROGRAM FUNDS.—Program funds must be 632 used to meet the individual educational needs of an eligible 633 student and may be spent for the following purposes: 634 (d) Enrollment in, or tuition or fees associated with 635 enrollment in, a home education program, an eligible private 636 school, an eligible postsecondary educational institution or a 637 program offered by the institution,a private tutoring program638authorized under s. 1002.43,a virtual program offered by a 639 department-approved private online provider that meets the 640 provider qualifications specified in s. 1002.45(2)(a), the 641 Florida Virtual School as a private paying student, or an 642 approved online course offered pursuant to s. 1003.499 or s. 643 1004.0961. 644 (h) Tuition and fees for part-time tutoring services 645 provided by a person who holds a valid Florida educator’s 646 certificate pursuant to s. 1012.56; a person who holds an 647 adjunct teaching certificate pursuant to s. 1012.57; or a person 648 who has demonstrated a mastery of subject area knowledge 649 pursuant to s. 1012.56(5). As used in this paragraph, the term 650 “part-time tutoring services” does not qualify as regular school 651 attendance as defined in s. 1003.01(13)s. 1003.01(13)(e). 652 653 A provider of any services receiving payments pursuant to this 654 subsection may not share, refund, or rebate any moneys from the 655 Gardiner Scholarship with the parent or participating student in 656 any manner. A parent, student, or provider of any services may 657 not bill an insurance company, Medicaid, or any other agency for 658 the same services that are paid for using Gardiner Scholarship 659 funds. 660 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible 661 private school may be sectarian or nonsectarian and shall: 662 (a) Comply with all requirements for private schools 663 participating in state school choice scholarship programs 664 pursuant to s. 1002.421. 665 (b) Provide to the organization, upon request, all 666 documentation required for the student’s participation, 667 including the private school’s and student’s fee schedules. 668 (c) Be academically accountable to the parent for meeting 669 the educational needs of the student by: 670 1. At a minimum, annually providing to the parent a written 671 explanation of the student’s progress. 672 2. Annually administering or making provision for students 673 participating in the program in grades 3 through 10 to take one 674 of the nationally norm-referenced tests identified by the 675 Department of Education or the statewide assessments pursuant to 676 s. 1008.22. Students with disabilities for whom standardized 677 testing is not appropriate are exempt from this requirement. A 678 participating private school shall report a student’s scores to 679 the parent. 680 3. Cooperating with the scholarship student whose parent 681 chooses to have the student participate in the statewide 682 assessments pursuant to s. 1008.22 or, if a private school 683 chooses to offer the statewide assessments, administering the 684 assessments at the school. 685 a. A participating private school may choose to offer and 686 administer the statewide assessments to all students who attend 687 the private school in grades 3 through 10. 688 b. A participating private school shall submit a request in 689 writing to the Department of Education by March 1 of each year 690 in order to administer the statewide assessments in the 691 subsequent school year. 692 (d) Employ or contract with teachers who have regular and 693 direct contact with each student receiving a scholarship under 694 this section at the school’s physical location. 695 (e) Provide a report from an independent certified public 696 accountant who performs the agreed-upon procedures developed 697 under s. 1002.395(6)(o) if the private school receives more than 698 $250,000 in funds from scholarships awarded under this chapter 699sectionin a state fiscal year. A private school subject to this 700 paragraph must annually submit the report by September 15 to the 701 organization that awarded the majority of the school’s 702 scholarship funds. The agreed-upon procedures must be conducted 703 in accordance with attestation standards established by the 704 American Institute of Certified Public Accountants. 705 706 If a private school fails or refusesis unableto meet the 707 requirements of this subsection or has consecutive years of 708 material exceptions listed in the report required under 709 paragraph (e), the commissioner may determine that the private 710 school is ineligible to participate in the program. 711 (11) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 712 PARTICIPATION.—A parent who applies for program participation 713 under this section is exercising his or her parental option to 714 determine the appropriate placement or the services that best 715 meet the needs of his or her child. The scholarship award for a 716 student is based on a matrix that assigns the student to support 717 Level III services. If a parent receives an IEP and a matrix of 718 services from the school district pursuant to subsection (7), 719 the amount of the payment shall be adjusted as needed, when the 720 school district completes the matrix. 721 (a) To satisfy or maintain program eligibility, including 722 eligibility to receive and spend program payments, the parent 723 must sign an agreement with the organization and annually submit 724 a notarized, sworn compliance statement to the organization to: 725 1. Affirm that the student is enrolled in a program that 726 meets regular school attendance requirements as provided in s. 727 1003.01(13)(b) or (c)s. 1003.01(13)(b)-(d). 728 2. Affirm that the program funds are used only for 729 authorized purposes serving the student’s educational needs, as 730 described in subsection (5). 731 3. Affirm that the parent is responsible for the education 732 of his or her student by, as applicable: 733 a. Requiring the student to take an assessment in 734 accordance with paragraph (8)(c); 735 b. Providing an annual evaluation in accordance with s. 736 1002.41(1)(c); or 737 c. Requiring the child to take any preassessments and 738 postassessments selected by the provider if the child is 4 years 739 of age and is enrolled in a program provided by an eligible 740 Voluntary Prekindergarten Education Program provider. A student 741 with disabilities for whom a preassessment and postassessment is 742 not appropriate is exempt from this requirement. A participating 743 provider shall report a student’s scores to the parent. 744 4. Affirm that the student remains in good standing with 745 the provider or school if those options are selected by the 746 parent. 747 748 A parent who fails to comply with this subsection forfeits the 749 Gardiner Scholarship. 750 Section 13. Subsection (3), paragraph (f) of subsection 751 (6), and subsection (8) of section 1002.39, Florida Statutes, 752 are amended to read: 753 1002.39 The John M. McKay Scholarships for Students with 754 Disabilities Program.—There is established a program that is 755 separate and distinct from the Opportunity Scholarship Program 756 and is named the John M. McKay Scholarships for Students with 757 Disabilities Program. 758 (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.—A student is 759 not eligible for a John M. McKay Scholarship: 760 (a) While he or she is enrolled in a school operating for 761 the purpose of providing educational services to youth in 762 Department of Juvenile Justice commitment programs; 763 (b) While he or she is receiving a Florida tax credit 764 scholarship under s. 1002.395; 765 (c) While he or she is receiving an educational scholarship 766 pursuant to this chapter; 767 (d) While he or she is participating in a home education 768 program as defined in s. 1002.01(1); 769(e) While he or she is participating in a private tutoring770program pursuant to s. 1002.43;771 (e)(f)While he or she is participating in a virtual 772 school, correspondence school, or distance learning program that 773 receives state funding pursuant to the student’s participation 774 unless the participation is limited to no more than two courses 775 per school year; 776 (f)(g)While he or she is enrolled in the Florida School 777 for the Deaf and the Blind; 778 (g)(h)While he or she is not having regular and direct 779 contact with his or her private school teachers at the school’s 780 physical location unless he or she is enrolled in the private 781 school’s transition-to-work program pursuant to subsection (10); 782 or 783 (h)(i)If he or she has been issued a temporary 504 784 accommodation plan under s. 504 of the Rehabilitation Act of 785 1973 which is valid for 6 months or less. 786 (6) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department 787 shall: 788 (f)1. Conductrandomsite visits to private schools 789 participating in the John M. McKay Scholarships for Students 790 with Disabilities Program as authorized under s. 1002.421(7). 791 The purposespurposeof the site visits areis solelyto verify 792 compliance with the provisions of subsection (7) aimed at 793 protecting the health, safety, and welfare of students and to 794 verify the information reported by the schools concerning the 795 enrollment and attendance of students, the credentials of 796 teachers, background screening of teachers, and teachers’ 797 fingerprinting results, which information is required by rules 798 of the State Board of Education, subsection (8), and s. 799 1002.421. The Department of Education maynotmake followupmore800than three randomsite visits at any time to any school that has 801 received a notice of noncompliance or a notice of proposed 802 action within the previous 2 years pursuant to subsection (7) 803each year and may not make more than one random site visit each804year to the same private school. 805 2. Annually, by December 15, report to the Governor, the 806 President of the Senate, and the Speaker of the House of 807 Representatives the Department of Education’s actions with 808 respect to implementing accountability in the scholarship 809 program under this section and s. 1002.421, any substantiated 810 allegations or violations of law or rule by an eligible private 811 school under this program concerning the enrollment and 812 attendance of students, the credentials of teachers, background 813 screening of teachers, and teachers’ fingerprinting results and 814 the corrective action taken by the Department of Education. 815 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be 816 eligible to participate in the John M. McKay Scholarships for 817 Students with Disabilities Program, a private school may be 818 sectarian or nonsectarian and must: 819 (a) Comply with all requirements for private schools 820 participating in state school choice scholarship programs 821 pursuant to s. 1002.421. 822 (b) Provide to the department all documentation required 823 for a student’s participation, including the private school’s 824 and student’s fee schedules, at least 30 days before any 825 quarterly scholarship payment is made for the student pursuant 826 to paragraph (11)(e). A student is not eligible to receive a 827 quarterly scholarship payment if the private school fails to 828 meet this deadline. 829 (c) Be academically accountable to the parent for meeting 830 the educational needs of the student by: 831 1. At a minimum, annually providing to the parent a written 832 explanation of the student’s progress. 833 2. Cooperating with the scholarship student whose parent 834 chooses to participate in the statewide assessments pursuant to 835 s. 1008.22. 836 (d) Maintain in this state a physical location where a 837 scholarship student regularly attends classes. 838 (e) If the private school that participates in a state 839 scholarship program under this chapter receives more than 840 $250,000 in funds from scholarships awarded under chapter 1002 841 in a state fiscal year, provide an annual report from an 842 independent certified public accountant who performs the agreed 843 upon procedures developed under s. 1002.395(6)(o). Such a 844 private school must annually submit the required report by 845 September 15 to the organization that awarded the majority of 846 the school’s scholarship funds. The agreed-upon procedures must 847 be conducted in accordance with attestation standards 848 established by the American Institute of Certified Public 849 Accountants. 850 851 The failure or refusalinabilityof a private school to meet the 852 requirements of this subsection shall constitute a basis for the 853 ineligibility of the private school to participate in the 854 scholarship program as determined by the department. 855 Section 14. Subsection (4), paragraph (o) of subsection 856 (6), subsection (8), and paragraph (n) of subsection (9) of 857 section 1002.395, Florida Statutes, are amended to read: 858 1002.395 Florida Tax Credit Scholarship Program.— 859 (4) SCHOLARSHIP PROHIBITIONS.—A student is not eligible for 860 a scholarship while he or she is: 861 (a) Enrolled in a school operating for the purpose of 862 providing educational services to youth in Department of 863 Juvenile Justice commitment programs; 864 (b) Receiving a scholarship from another eligible nonprofit 865 scholarship-funding organization under this section; 866 (c) Receiving an educational scholarship pursuant to 867 chapter 1002; 868 (d) Participating in a home education program as defined in 869 s. 1002.01(1); 870(e) Participating in a private tutoring program pursuant to871s. 1002.43;872 (e)(f)Participating in a virtual school, correspondence 873 school, or distance learning program that receives state funding 874 pursuant to the student’s participation unless the participation 875 is limited to no more than two courses per school year; or 876 (f)(g)Enrolled in the Florida School for the Deaf and the 877 Blind. 878 (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING 879 ORGANIZATIONS.—An eligible nonprofit scholarship-funding 880 organization: 881 (o)1.a. Must participate in the joint development of 882 agreed-upon procedures to be performed by an independent 883 certified public accountant as required under paragraph (8)(e) 884 if the scholarship-funding organization provided more than 885 $250,000 in scholarship funds to an eligible private school 886 under this chaptersectionduring the2009-2010state fiscal 887 year. The agreed-upon procedures must uniformly apply to all 888 private schools and must determine, at a minimum, whether the 889 private school has been verified as eligible by the Department 890 of Education under paragraph (9)(c); has an adequate accounting 891 system, system of financial controls, and process for deposit 892 and classification of scholarship funds; and has properly 893 expended scholarship funds for education-related expenses. 894 During the development of the procedures, the participating 895 scholarship-funding organizations shall specify guidelines 896 governing the materiality of exceptions that may be found during 897 the accountant’s performance of the procedures. The procedures 898 and guidelines shall be provided to private schools and the 899 Commissioner of Education by March 15, 2011. 900 b. Must participate in a joint review of the agreed-upon 901 procedures and guidelines developed under sub-subparagraph a., 902 by February 2013 and biennially thereafter, if the scholarship 903 funding organization provided more than $250,000 in scholarship 904 funds to an eligible private school under this chaptersection905 during the state fiscal year preceding the biennial review. If 906 the procedures and guidelines are revised, the revisions must be 907 provided to private schools and the Commissioner of Education by 908 March 15, 2013, and biennially thereafter. 909 c. Must monitor the compliance of a private school with 910 paragraph (8)(e) if the scholarship-funding organization 911 provided the majority of the scholarship funding to the school. 912 For each private school subject to paragraph (8)(e), the 913 appropriate scholarship-funding organization shall notify the 914 Commissioner of Education by October 30, 2011, and annually 915 thereafter of: 916 (I) A private school’s failure to submit a report required 917 under paragraph (8)(e); or 918 (II) Any material exceptions set forth in the report 919 required under paragraph (8)(e). 920 2. Must seek input from the accrediting associations that 921 are members of the Florida Association of Academic Nonpublic 922 Schools when jointly developing the agreed-upon procedures and 923 guidelines under sub-subparagraph 1.a. and conducting a review 924 of those procedures and guidelines under sub-subparagraph 1.b. 925 926 Information and documentation provided to the Department of 927 Education and the Auditor General relating to the identity of a 928 taxpayer that provides an eligible contribution under this 929 section shall remain confidential at all times in accordance 930 with s. 213.053. 931 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible 932 private school may be sectarian or nonsectarian and must: 933 (a) Comply with all requirements for private schools 934 participating in state school choice scholarship programs 935 pursuant to s. 1002.421. 936 (b) Provide to the eligible nonprofit scholarship-funding 937 organization, upon request, all documentation required for the 938 student’s participation, including the private school’s and 939 student’s fee schedules. 940 (c) Be academically accountable to the parent for meeting 941 the educational needs of the student by: 942 1. At a minimum, annually providing to the parent a written 943 explanation of the student’s progress. 944 2. Annually administering or making provision for students 945 participating in the scholarship program in grades 3 through 10 946 to take one of the nationally norm-referenced tests identified 947 by the Department of Education or the statewide assessments 948 pursuant to s. 1008.22. Students with disabilities for whom 949 standardized testing is not appropriate are exempt from this 950 requirement. A participating private school must report a 951 student’s scores to the parent. A participating private school 952 must annually report by August 15 the scores of all 953 participating students to the Learning System Institute 954 described in paragraph (9)(j). 955 3. Cooperating with the scholarship student whose parent 956 chooses to have the student participate in the statewide 957 assessments pursuant to s. 1008.22 or, if a private school 958 chooses to offer the statewide assessments, administering the 959 assessments at the school. 960 a. A participating private school may choose to offer and 961 administer the statewide assessments to all students who attend 962 the private school in grades 3 through 10. 963 b. A participating private school must submit a request in 964 writing to the Department of Education by March 1 of each year 965 in order to administer the statewide assessments in the 966 subsequent school year. 967 (d) Employ or contract with teachers who have regular and 968 direct contact with each student receiving a scholarship under 969 this section at the school’s physical location. 970 (e) Provide a report from an independent certified public 971 accountant who performs the agreed-upon procedures developed 972 under paragraph (6)(o) if the private school receives more than 973 $250,000 in funds from scholarships awarded under this chapter 974sectionin a state fiscal year. A private school subject to this 975 paragraph must annually submit the report by September 15 to the 976 scholarship-funding organization that awarded the majority of 977 the school’s scholarship funds. The agreed-upon procedures must 978 be conducted in accordance with attestation standards 979 established by the American Institute of Certified Public 980 Accountants. 981 982 If a private school fails or refusesis unableto meet the 983 requirements of this subsection or has consecutive years of 984 material exceptions listed in the report required under 985 paragraph (e), the commissioner may determine that the private 986 school is ineligible to participate in the scholarship program 987 as determined by the Department of Education. 988 (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The Department of 989 Education shall: 990 (n)1. Conduct site visits to private schools participating 991 in the Florida Tax Credit Scholarship Program as authorized 992 under s. 1002.421(7). The purposespurposeof the site visits 993 areis solelyto verify compliance with the provisions of 994 subsection (11) aimed at protecting the health, safety, and 995 welfare of students and to verify the information reported by 996 the schools concerning the enrollment and attendance of 997 students, the credentials of teachers, background screening of 998 teachers, and teachers’ fingerprinting results.The Department999of Education may not make more than seven site visits each year;1000however,The department may make followupadditionalsite visits 1001 at any time to any school that, pursuant to subsection (11), has 1002 received a notice of noncompliance or a notice of proposed 1003 action within the previous 2 years. 1004 2. Annually, by December 15, report to the Governor, the 1005 President of the Senate, and the Speaker of the House of 1006 Representatives the Department of Education’s actions with 1007 respect to implementing accountability in the scholarship 1008 program under this section and s. 1002.421, any substantiated 1009 allegations or violations of law or rule by an eligible private 1010 school under this program concerning the enrollment and 1011 attendance of students, the credentials of teachers, background 1012 screening of teachers, and teachers’ fingerprinting results and 1013 the corrective action taken by the Department of Education. 1014 Section 15. Section 1002.40, Florida Statutes, is created 1015 to read: 1016 1002.40 The Hope Scholarship Program.— 1017 (1) PURPOSE.—The Hope Scholarship Program is established to 1018 provide the parent of a public school student who was the victim 1019 of a substantiated incident of violence or abuse, as listed in 1020 subsection (3), an opportunity to transfer the student to 1021 another public school that has capacity or to request and 1022 receive a scholarship for the student to enroll in and attend an 1023 eligible private school. 1024 (2) DEFINITIONS.—As used in this section, the term: 1025 (a) “Department” means the Department of Education. 1026 (b) “Eligible contribution” or “contribution” means a 1027 monetary contribution from a person required to pay sales and 1028 use tax on the purchase or acquisition of a motor vehicle, 1029 subject to the restrictions provided in this section, to an 1030 eligible nonprofit scholarship-funding organization. The 1031 taxpayer making the contribution may not designate a specific 1032 student as the beneficiary of the contribution. 1033 (c) “Eligible nonprofit scholarship-funding organization” 1034 or “organization” has the same meaning as provided in s. 1035 1002.395(2)(f), as determined by the department. 1036 (d) “Eligible private school” has the same meaning as 1037 provided in s. 1002.395(2)(g), as determined by the department. 1038 (e) “Motor vehicle” has the same meaning as provided in s. 1039 320.01(1)(a), but does not include heavy trucks, truck tractors, 1040 trailers, and motorcycles. 1041 (f) “Parent” means a resident of this state who is a 1042 parent, as defined in s. 1000.21, and whose public school 1043 student was the victim of a reported incident, as listed in 1044 subsection (3). 1045 (g) “Principal” means the principal or his or her designee. 1046 (h) “Program” means the Hope Scholarship Program. 1047 (i) “School” includes any educational program or activity 1048 conducted by a public K-12 educational institution, any school 1049 related or school-sponsored program or activity, and riding on a 1050 school bus, as defined in s. 1006.25(1), including waiting at a 1051 school bus stop. 1052 (j) “Unweighted FTE funding amount” means the statewide 1053 average total funds per unweighted full-time equivalent funding 1054 amount that is incorporated by reference in the General 1055 Appropriations Act for the applicable state fiscal year. 1056 (3) PROGRAM ELIGIBILITY.—Beginning with the 2018-2019 1057 school year, contingent upon available funds, and on a first 1058 come, first-served basis, a student enrolled full time in a 1059 Florida public school in kindergarten through grade 12 is 1060 eligible for a scholarship under this program if all of the 1061 following conditions are met: 1062 (a) The student is the victim of a substantiated incident 1063 of battery; harassment; hazing; bullying; kidnapping; physical 1064 attack; robbery; sexual offenses, harassment, assault, or 1065 battery; threat or intimidation; or fighting at school. 1066 (b) The incident is formally reported by the victim or the 1067 victim’s parent to the principal. 1068 (c) Through an investigation, the principal finds that the 1069 incident is substantiated. 1070 (d) The principal’s investigation remains open or the 1071 district’s resolution of issues related to the incident remain 1072 unresolved after timely notification, deliberative evaluation, 1073 and 30 days of responsible and appropriate action taken in 1074 accordance with paragraph (5)(a). 1075 (4) PROGRAM PROHIBITIONS.—Payment of a scholarship may not 1076 be made if a student is: 1077 (a) Enrolled in a public school, including, but not limited 1078 to, the Florida School for the Deaf and the Blind; the College 1079 Preparatory Boarding Academy; the Florida Virtual School; a 1080 developmental research school authorized under s. 1002.32; or a 1081 charter school authorized under s. 1002.33, s. 1002.331, s. 1082 1002.332, or s. 1002.333; 1083 (b) Enrolled in a school operating for the purpose of 1084 providing educational services to youth in the Department of 1085 Juvenile Justice commitment programs; 1086 (c) Participating in a virtual school, correspondence 1087 school, or distance learning program that receives state funding 1088 pursuant to the student’s participation unless the participation 1089 is limited to no more than two courses per school year; 1090 (d) Receiving any other educational scholarship pursuant to 1091 this chapter; or 1092 (e) Participating in a home education program, as defined 1093 in s. 1002.01. 1094 (5) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.— 1095 (a)1. Within 24 hours after receipt of a formal report of 1096 an incident listed in subsection (3)(a), the principal shall 1097 provide a copy of the report to the victim’s parent and the 1098 alleged offender’s parent. The report must include a statement 1099 of the expected investigative actions and the timeline for 1100 reporting the outcome of the investigation. Within 24 hours 1101 after receipt of the formal report, the principal must also 1102 provide the superintendent with a copy of the report and 1103 verification that the parents of the victim and the alleged 1104 offender have been provided a copy of the incident report and 1105 other required information. 1106 2. In accordance with s. 1006.09, the principal must 1107 investigate the incident to determine if the incident is 1108 substantiated or unsubstantiated, and if the incident must be 1109 reported. The principal may, at his or her discretion, determine 1110 the extent to which each student was engaged in instigating, 1111 initiating, or reacting to a physical altercation, and may 1112 consider such information when evaluating and determining 1113 appropriate disciplinary actions and investigation outcomes. 1114 3. During the investigation period, the principal and the 1115 superintendent shall take all necessary actions to continue the 1116 educational services of students involved in the reported 1117 incident while taking every reasonable precaution to keep the 1118 alleged offender separated from the victim or any sibling of the 1119 victim while on school grounds or on school transportation, 1120 pursuant to ss. 1006.09, 1006.13, and 1006.147, as appropriate. 1121 4. Upon the principal’s determination that an alleged 1122 incident is unsubstantiated or the resolution of issues related 1123 to a substantiated incident or within 15 days after the incident 1124 was reported, whichever occurs first, the principal must report 1125 to the victim’s parent and the alleged offender’s parent the 1126 findings, outcome, or status of the investigation. The principal 1127 shall continue to provide such reports to the parents at least 1128 every 15 days until the investigation concludes and issues 1129 associated with the incident are resolved. 1130 5. If the principal’s investigation into the incident 1131 remains open more than 30 days after the date a substantiated 1132 incident was reported or issues associated with the incident 1133 remain unresolved, the school district, in accordance with the 1134 school district’s code of student conduct, shall: 1135 a. Notify the victim’s parent of the availability of the 1136 program and offer that parent an opportunity to enroll his or 1137 her student in another public school or to request and receive a 1138 scholarship to attend an eligible private school, subject to 1139 available funding; and 1140 b. Provide the victim’s parent with a written notification 1141 of the result of the principal’s investigation of the alleged 1142 incident. The parent must provide such notification to the 1143 scholarship-funding organization that verifies the student’s 1144 eligibility. 1145 6. To facilitate timely, appropriate, and fiscally 1146 accountable scholarship payments, school districts must report 1147 and verify student enrollment information during and outside of 1148 regular FTE student enrollment survey periods, as requested by 1149 the department pursuant to paragraph (7)(d). 1150 (b)1. A parent who, pursuant to s. 1002.31, chooses to 1151 enroll his or her student in a Florida public school located 1152 outside the district in which the student resides shall be 1153 eligible for a scholarship under paragraph (11)(b) to transport 1154 the student. 1155 2. For each student participating in the program in a 1156 private school who chooses to participate in the statewide 1157 assessments under s. 1008.22 or the Florida Alternate 1158 Assessment, the school district in which the student resides 1159 must notify the student and his or her parent about the 1160 locations and times to take all statewide assessments. 1161 (6) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible 1162 private school may be sectarian or nonsectarian and shall: 1163 (a) Meet the definition of a private school in s. 1002.01 1164 and comply with all requirements for private schools 1165 participating in state school choice scholarship programs 1166 pursuant to this section and s. 1002.421. 1167 (b) Provide to the organization and the department, upon 1168 request, all documentation required for the student’s 1169 participation, including, but not limited to, the private 1170 school’s and the student’s fee schedules. 1171 (c) Be academically accountable to the parent for meeting 1172 the educational needs of the student by: 1173 1. At a minimum, annually providing to the parent a written 1174 explanation of the student’s progress. 1175 2. Annually administering or making provision for students 1176 participating in the program in grades 3 through 10 to take one 1177 of the nationally norm-referenced tests identified by the 1178 department or the statewide assessments pursuant to s. 1008.22. 1179 Students with disabilities for whom standardized testing is not 1180 appropriate are exempt from this requirement. A participating 1181 private school shall report a student’s scores to his or her 1182 parent. 1183 3. Cooperating with the student whose parent chooses to 1184 have the student participate in the statewide assessments 1185 pursuant to s. 1008.22 or, if a private school chooses to offer 1186 the statewide assessments, administering the assessments at the 1187 school. 1188 a. A participating private school may choose to offer and 1189 administer the statewide assessments to all students who attend 1190 the private school in grades 3 through 10. 1191 b. A participating private school shall submit a request in 1192 writing to the department by March 1 of each year in order to 1193 administer the statewide assessments in the subsequent school 1194 year. 1195 (d) Employ or contract with teachers who have regular and 1196 direct contact with each student receiving a scholarship under 1197 this section at the school’s physical location. 1198 (e) Maintain in this state a physical location where a 1199 scholarship student regularly attends classes. 1200 (f) Provide a report from an independent certified public 1201 accountant who performs the agreed-upon procedures developed 1202 under s. 1002.395(6)(o) if the private school receives more than 1203 $250,000 in funds from scholarships awarded under this section 1204 in a state fiscal year. A private school subject to this 1205 paragraph must annually submit the report by September 15 to the 1206 organization that awarded the majority of the school’s 1207 scholarship funds. The agreed-upon procedures must be conducted 1208 in accordance with attestation standards established by the 1209 American Institute of Certified Public Accountants. 1210 1211 The failure of a private school to meet the requirements of this 1212 subsection constitutes a basis for the ineligibility of the 1213 private school to participate in the program, as determined by 1214 the department. 1215 (7) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department 1216 shall: 1217 (a) Establish a toll-free hotline that provides parents and 1218 private schools with information on participation in the 1219 program. 1220 (b) Annually verify the eligibility of private schools that 1221 meet the requirements of subsection (6). 1222 (c) Require an annual notarized and sworn compliance 1223 statement by participating private schools certifying compliance 1224 with state laws and retain such records. 1225 (d) Cross-check the list of participating students with the 1226 public school enrollment lists and participation lists in other 1227 scholarship programs established under this chapter before each 1228 scholarship payment to avoid duplication. 1229 (e) Maintain a list of nationally norm-referenced tests 1230 identified for purposes of satisfying the testing requirement in 1231 paragraph (9)(f). The tests must meet industry standards of 1232 quality in accordance with State Board of Education rule. 1233 (f) Require quarterly reports by an eligible nonprofit 1234 scholarship-funding organization regarding the number of 1235 students participating in the scholarship program, the private 1236 schools in which the students are enrolled, and other 1237 information deemed necessary by the department. 1238 (g) Contract with an independent entity to provide an 1239 annual evaluation of the program by: 1240 1. Reviewing the school climate and code of student conduct 1241 of each public school that reported the occurrence of a monthly 1242 average of 10 or more substantiated incidents to determine areas 1243 in the school or school district procedures involving reporting, 1244 investigating, and communicating a parent’s and student’s rights 1245 which are in need of improvement. At a minimum, the review must 1246 include: 1247 a. An assessment of the investigation time and quality of 1248 the response of the school and the school district; 1249 b. An assessment of the effectiveness of communication 1250 procedures with the students involved in an incident, the 1251 students’ parents, and the school and school district personnel; 1252 c. An analysis of school incident and discipline data; and 1253 d. The challenges and obstacles relating to implementing 1254 recommendations from this review. 1255 2. Reviewing the school climate and code of student conduct 1256 of each public school a student transferred to if the student 1257 was from a school identified in subparagraph 1. in order to 1258 identify best practices and make recommendations to a public 1259 school at which the incidents occurred. 1260 3. Reviewing the performance of participating students 1261 enrolled in a private school in which the majority of the 1262 school’s total enrolled students in the prior school year 1263 participated in one or more scholarship programs, as defined in 1264 s. 1002.01, in which there are at least 10 participating 1265 students who have scores for tests administered; and reviewing 1266 the school climate and code of student conduct of the private 1267 school if one or more scholarship participants were involved in 1268 a reported incident at the school during the prior school year. 1269 4. Surveying the parents of participating students to 1270 determine academic, safety, and school climate satisfaction and 1271 to identify any challenges or obstacles in addressing the 1272 incident or relating to the use of the scholarship. 1273 (h) Upon the request of a participating private school, 1274 provide at no cost to the school the statewide assessments 1275 administered under s. 1008.22 and any related materials for 1276 administering the assessments. Students at a private school may 1277 be assessed using the statewide assessments if the addition of 1278 those students and the school does not cause the state to exceed 1279 its contractual caps for the number of students tested and the 1280 number of testing sites. The state shall provide the same 1281 materials and support to a private school that it provides to a 1282 public school. A private school that chooses to administer 1283 statewide assessments under s. 1008.22 shall follow the 1284 requirements set forth in ss. 1008.22 and 1008.24, rules adopted 1285 by the State Board of Education to implement those sections, and 1286 district-level testing policies established by the district 1287 school board. 1288 (i) Establish a process by which individuals may notify the 1289 department of any violation by a parent, private school, or 1290 school district of state laws relating to program participation. 1291 The department shall conduct an inquiry or make a referral to 1292 the appropriate agency for an investigation of any written 1293 complaint of a violation of this section if the complaint is 1294 signed by the complainant and is legally sufficient. A complaint 1295 is legally sufficient if such complaint contains ultimate facts 1296 that show that a violation of this section or any rule adopted 1297 by the State Board of Education pursuant to this section has 1298 occurred. In order to determine legal sufficiency, the 1299 department may require supporting information or documentation 1300 from the complainant. A department inquiry is not subject to the 1301 requirements of chapter 120. 1302 (j)1. Conduct site visits to participating private schools. 1303 The purpose of the site visits is solely to verify the 1304 information reported by the schools concerning the enrollment 1305 and attendance of students, the credentials of teachers, 1306 background screening of teachers, teachers’ fingerprinting 1307 results, and other conditions required pursuant to s. 1002.421 1308 and this section. The department may not make more than seven 1309 site visits each year; however, the department may make 1310 additional site visits at any time to a school that is the 1311 subject of a violation complaint submitted pursuant to paragraph 1312 (i), is identified by an organization for a known or suspected 1313 violation, or has received a notice of noncompliance or a notice 1314 of proposed action within the current year or the previous 2 1315 years. 1316 2. Annually, by December 15, report to the Governor, the 1317 President of the Senate, and the Speaker of the House of 1318 Representatives the department’s actions with respect to 1319 implementing accountability in the program under this section 1320 and s. 1002.421, any substantiated allegations or violations of 1321 law or rule by an eligible private school under this program, 1322 and the corrective action taken by the department. 1323 (8) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.— 1324 (a) The Commissioner of Education: 1325 1. Shall deny, suspend, or revoke a private school’s 1326 participation in the program if it is determined that the 1327 private school has failed to comply with the provisions of this 1328 section. However, if the noncompliance is correctable within a 1329 reasonable amount of time and if the health, safety, or welfare 1330 of the students is not threatened, the commissioner may issue a 1331 notice of noncompliance which provides the private school with a 1332 timeframe within which to provide evidence of compliance before 1333 taking action to suspend or revoke the private school’s 1334 participation in the program. 1335 2. May deny, suspend, or revoke a private school’s 1336 participation in the program if the commissioner determines that 1337 an owner or operator of the private school is operating or has 1338 operated an educational institution in this state or in another 1339 state or jurisdiction in a manner contrary to the health, 1340 safety, or welfare of the public. 1341 a. In making such a determination, the commissioner may 1342 consider factors that include, but are not limited to, acts or 1343 omissions by an owner or operator which led to a previous denial 1344 or revocation of participation in an education scholarship 1345 program; an owner’s or operator’s failure to reimburse the 1346 department for scholarship funds improperly received or retained 1347 by a school; imposition of a prior criminal sanction related to 1348 an owner’s or operator’s management or operation of an 1349 educational institution; imposition of a civil fine or 1350 administrative fine, license revocation or suspension, or 1351 program eligibility suspension, termination, or revocation 1352 related to an owner’s or operator’s management or operation of 1353 an educational institution; or other types of criminal 1354 proceedings in which an owner or operator was found guilty of, 1355 regardless of adjudication, or entered a plea of nolo contendere 1356 or guilty to, any offense involving fraud, deceit, dishonesty, 1357 or moral turpitude. 1358 b. For purposes of this subparagraph, the term “owner or 1359 operator” includes an owner, operator, superintendent, or 1360 principal of, or a person who has equivalent decisionmaking 1361 authority over, a private school participating in the 1362 scholarship program. 1363 (b) The commissioner’s determination is subject to the 1364 following: 1365 1. If the commissioner intends to deny, suspend, or revoke 1366 a private school’s participation in the program, the department 1367 shall notify the private school of such proposed action in 1368 writing by certified mail and regular mail to the private 1369 school’s address of record with the department. The notification 1370 shall include the reasons for the proposed action and notice of 1371 the timelines and procedures set forth in this paragraph. 1372 2. The private school that is adversely affected by the 1373 proposed action shall have 15 days after receipt of the notice 1374 of proposed action to file with the department’s agency clerk a 1375 request for a proceeding pursuant to ss. 120.569 and 120.57. If 1376 the private school is entitled to a hearing under s. 120.57(1), 1377 the department shall refer the request to the Division of 1378 Administrative Hearings. 1379 3. Upon receipt of a request referred pursuant to this 1380 paragraph, the director of the Division of Administrative 1381 Hearings shall expedite the hearing and assign an administrative 1382 law judge who shall commence a hearing within 30 days after the 1383 receipt of the formal written request by the division and enter 1384 a recommended order within 30 days after the hearing or within 1385 30 days after receipt of the hearing transcript, whichever is 1386 later. Each party shall be allowed 10 days in which to submit 1387 written exceptions to the recommended order. A final order shall 1388 be entered by the agency within 30 days after the entry of a 1389 recommended order. The provisions of this subparagraph may be 1390 waived upon stipulation by all parties. 1391 (c) The commissioner may immediately suspend payment of 1392 scholarship funds if it is determined that there is probable 1393 cause to believe that there is: 1394 1. An imminent threat to the health, safety, or welfare of 1395 the students; or 1396 2. Fraudulent activity on the part of the private school. 1397 Notwithstanding s. 1002.22, in incidents of alleged fraudulent 1398 activity pursuant to this section, the department’s Office of 1399 Inspector General is authorized to release personally 1400 identifiable records or reports of students to the following 1401 persons or organizations: 1402 a. A court of competent jurisdiction in compliance with an 1403 order of that court or the attorney of record in accordance with 1404 a lawfully issued subpoena, consistent with the Family 1405 Educational Rights and Privacy Act, 20 U.S.C. s. 1232g. 1406 b. A person or entity authorized by a court of competent 1407 jurisdiction in compliance with an order of that court or the 1408 attorney of record pursuant to a lawfully issued subpoena, 1409 consistent with the Family Educational Rights and Privacy Act, 1410 20 U.S.C. s. 1232g. 1411 c. Any person, entity, or authority issuing a subpoena for 1412 law enforcement purposes when the court or other issuing agency 1413 has ordered that the existence or the contents of the subpoena 1414 or the information furnished in response to the subpoena not be 1415 disclosed, consistent with the Family Educational Rights and 1416 Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31. 1417 1418 The commissioner’s suspension of payment pursuant to this 1419 paragraph may be appealed pursuant to the same procedures and 1420 timelines as the notice of proposed action set forth in 1421 paragraph (b). 1422 (9) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 1423 PARTICIPATION.—A parent who applies for a Hope Scholarship is 1424 exercising his or her parental option to place his or her 1425 student in an eligible private school. 1426 (a) The parent must select an eligible private school and 1427 apply for the admission of his or her student. 1428 (b) The parent must inform the student’s school district 1429 when the parent withdraws his or her student to attend an 1430 eligible private school. 1431 (c) Any student participating in the program must comply 1432 with the regular attendance requirements of s. 1003.01(13) and 1433 remain in attendance throughout the school year unless excused 1434 by the school for illness or other good cause. 1435 (d) Each parent and each student has an obligation to the 1436 private school to comply with the private school’s published 1437 policies. 1438 (e) Upon reasonable notice to the department and the school 1439 district, the parent may remove the student from the private 1440 school and place the student in a public school in accordance 1441 with this section. 1442 (f) The parent must ensure that the student participating 1443 in the program takes the norm-referenced assessment offered by 1444 the private school. The parent may also choose to have the 1445 student participate in the statewide assessments pursuant to s. 1446 1008.22. If the parent requests that the student participating 1447 in the program take the statewide assessments pursuant to s. 1448 1008.22 and the private school has not chosen to offer and 1449 administer the statewide assessments, the parent is responsible 1450 for transporting the student to the assessment site designated 1451 by the school district. 1452 (g) Upon receipt of a scholarship warrant, the parent to 1453 whom the warrant is made must restrictively endorse the warrant 1454 to the private school for deposit into the account of the 1455 private school. The parent may not designate any entity or 1456 individual associated with the participating private school as 1457 the parent’s attorney in fact to endorse a scholarship warrant. 1458 A parent who fails to comply with this paragraph forfeits the 1459 scholarship. 1460 (10) OBLIGATIONS OF NONPROFIT SCHOLARSHIP-FUNDING 1461 ORGANIZATIONS.—An organization may establish scholarships for 1462 eligible students by: 1463 (a) Receiving applications and determining student 1464 eligibility in accordance with the requirements of this section. 1465 (b) Notifying parents of their receipt of a scholarship on 1466 a first-come, first-served basis, based upon available funds. 1467 (c) Preparing and submitting quarterly and annual reports 1468 to the department pursuant to paragraphs (7)(f) and (g). In 1469 addition, an eligible nonprofit scholarship-funding organization 1470 must submit in a timely manner any information requested by the 1471 department relating to the scholarship program. 1472 (d) Notifying the department of any known or suspected 1473 violation of this section by a private school, parent, or 1474 student. 1475 (11) FUNDING AND PAYMENT.— 1476 (a) The maximum amount awarded to a student enrolled in an 1477 eligible private school shall be determined as a percentage of 1478 the unweighted FTE funding amount for that state fiscal year and 1479 thereafter as follows: 1480 1. Eighty-eight percent for a student enrolled in 1481 kindergarten through grade 5. 1482 2. Ninety-two percent for a student enrolled in grade 6 1483 through grade 8. 1484 3. Ninety-six percent for a student enrolled in grade 9 1485 through grade 12. 1486 (b) The maximum amount awarded to a student enrolled in a 1487 Florida public school located outside of the district in which 1488 the student resides shall be $750. 1489 (c) When a student enters the program, the organization 1490 must receive all documentation required for the student’s 1491 participation, including a copy of the report of the 1492 substantiated incident received pursuant to subsection (5) and 1493 the private school’s and the student’s fee schedules. The 1494 initial payment shall be made after verification of admission 1495 acceptance, and subsequent payments shall be made upon 1496 verification of continued enrollment and attendance at the 1497 private school. 1498 (d) Payment of the scholarship by the eligible nonprofit 1499 scholarship-funding organization may be by individual warrant 1500 made payable to the student’s parent or by funds transfer made 1501 by debit cards, electronic payment cards, or other means of 1502 payment which the department deems to be commercially viable or 1503 cost-effective. If payment is made by warrant, the warrant must 1504 be delivered by the eligible nonprofit scholarship-funding 1505 organization to the private school of the parent’s choice, and 1506 the parent shall restrictively endorse the warrant to the 1507 private school. If payment is made by funds transfer, the parent 1508 must approve each payment before the scholarship funds may be 1509 deposited. The parent may not designate any entity or individual 1510 associated with the participating private school as the parent’s 1511 attorney in fact to endorse a scholarship warrant or approve a 1512 funds transfer. 1513 (e) An eligible nonprofit scholarship-funding organization 1514 shall obtain verification from the private school of a student’s 1515 continued attendance at the school for each period covered by a 1516 scholarship payment. 1517 (f) Payment of the scholarship shall be made by the 1518 eligible nonprofit scholarship-funding organization no less 1519 frequently than on a quarterly basis. 1520 (g) An organization may use up to 3 percent of eligible 1521 contributions received during the state fiscal year in which 1522 such contributions are collected for administrative expenses if 1523 the organization has operated as an eligible nonprofit 1524 scholarship-funding organization for at least the preceding 3 1525 fiscal years and did not have any findings of material weakness 1526 or material noncompliance in its most recent audit under s. 1527 1002.395(6)(m). Such administrative expenses must be reasonable 1528 and necessary for the organization’s management and distribution 1529 of eligible contributions under this section. Funds authorized 1530 under this paragraph may not be used for lobbying or political 1531 activity or expenses related to lobbying or political activity. 1532 Up to one-third of the funds authorized for administrative 1533 expenses under this paragraph may be used for expenses related 1534 to the recruitment of contributions from taxpayers. An eligible 1535 nonprofit scholarship-funding organization may not charge an 1536 application fee. 1537 (h) Moneys received pursuant to this section do not 1538 constitute taxable income to the qualified student or his or her 1539 parent. 1540 (12) OBLIGATIONS OF THE AUDITOR GENERAL.— 1541 (a) The Auditor General shall conduct an annual operational 1542 audit of accounts and records of each organization that 1543 participates in the program. As part of this audit, the Auditor 1544 General shall verify, at a minimum, the total number of students 1545 served and transmit that information to the department. The 1546 Auditor General shall provide the commissioner with a copy of 1547 each annual operational audit performed pursuant to this 1548 subsection within 10 days after the audit is finalized. 1549 (b) The Auditor General shall notify the department of any 1550 organization that fails to comply with a request for 1551 information. 1552 (13) SCHOLARSHIP FUNDING TAX CREDITS.— 1553 (a) A tax credit is available under s. 212.1832 for use by 1554 a taxpayer that makes an eligible contribution to the program. 1555 Each eligible contribution is limited to a single payment of $20 1556 at the time of purchase of a motor vehicle or a single payment 1557 of $20 at the time of registration of a motor vehicle that was 1558 not purchased from a dealer. An eligible contribution shall be 1559 accompanied by an election to contribute to the program and 1560 shall be made by the purchaser at the time of purchase or at the 1561 time of registration on a form provided by the Department of 1562 Revenue. Payments of contributions shall be made to a dealer, as 1563 defined in chapter 212, at the time of purchase of a motor 1564 vehicle or to an agent of the Department of Revenue, as 1565 designated by s. 212.06(10), at the time of registration of a 1566 motor vehicle that was not purchased from a dealer. 1567 (b) A tax collector or any person or firm authorized to 1568 sell or issue a motor vehicle license who is designated as an 1569 agent of the Department of Revenue pursuant to s. 212.06(10) or 1570 who is a dealer shall: 1571 1. Provide the purchaser the contribution election form, as 1572 prescribed by the Department of Revenue, at the time of purchase 1573 of a motor vehicle or at the time of registration of a motor 1574 vehicle that was not purchased from a dealer. 1575 2. Collect eligible contributions. 1576 3. Using a form provided by the Department of Revenue, 1577 which shall include the dealer’s or agent’s federal employer 1578 identification number, remit to an organization on or before the 1579 20th day of each month the total amount of contributions made to 1580 that organization and collected during the preceding calendar 1581 month. 1582 4. Report on each return filed with the Department of 1583 Revenue the total amount of credits allowed under s. 212.1832 1584 during the preceding calendar month. 1585 (c) An organization shall report to the Department of 1586 Revenue, on or before the 20th day of each month, the total 1587 amount of contributions received pursuant to paragraph (b) in 1588 the preceding calendar month on a form provided by the 1589 Department of Revenue. Such report shall include the federal 1590 employer identification number of each tax collector, authorized 1591 agent of the Department of Revenue, or dealer who remitted 1592 contributions to the organization during that reporting period. 1593 (d) A person who, with intent to unlawfully deprive or 1594 defraud the program of its moneys or the use or benefit thereof, 1595 fails to remit a contribution collected under this section is 1596 guilty of theft of charitable funds, punishable as follows: 1597 1. If the total amount stolen is less than $300, the 1598 offense is a misdemeanor of the second degree, punishable as 1599 provided in s. 775.082 or s. 775.083. Upon a second conviction, 1600 the offender is guilty of a misdemeanor of the first degree, 1601 punishable as provided in s. 775.082 or s. 775.083. Upon a third 1602 or subsequent conviction, the offender is guilty of a felony of 1603 the third degree, punishable as provided in s. 775.082, s. 1604 775.083, or s. 775.084. 1605 2. If the total amount stolen is $300 or more, but less 1606 than $20,000, the offense is a felony of the third degree, 1607 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1608 3. If the total amount stolen is $20,000 or more, but less 1609 than $100,000, the offense is a felony of the second degree, 1610 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1611 4. If the total amount stolen is $100,000 or more, the 1612 offense is a felony of the first degree, punishable as provided 1613 in s. 775.082, s. 775.083, or s. 775.084. 1614 (e) A person convicted of an offense under paragraph (d) 1615 shall be ordered by the sentencing judge to make restitution to 1616 the organization in the amount that was stolen from the program. 1617 (14) LIABILITY.—The state is not liable for the award or 1618 any use of awarded funds under this section. 1619 (15) SCOPE OF AUTHORITY.—This section does not expand the 1620 regulatory authority of this state, its officers, or any school 1621 district to impose additional regulation on participating 1622 private schools beyond those reasonably necessary to enforce 1623 requirements expressly set forth in this section. 1624 (16) RULES.—The State Board of Education shall adopt rules 1625 to administer this section. 1626 Section 16. Present subsection (7) of section 1002.421, 1627 Florida Statutes, is amended and redesignated as subsection 1628 (11), a new subsection (7) and subsections (8), (9), and (10) 1629 are added to that section, and subsection (1), paragraphs (h) 1630 and (i) of subsection (2), and subsections (4) and (5) of that 1631 section are amended, to read: 1632 1002.421 Accountability of private schools participating in 1633 state school choice scholarship programs.— 1634 (1)(a) A Florida private school participating in the 1635 Florida Tax Credit Scholarship Program established pursuant to 1636 s. 1002.395 or an educational scholarship program established 1637 pursuant to this chapter must comply with all requirements of 1638 this section in addition to private school requirements outlined 1639 in s. 1002.42, specific requirements identified within 1640 respective scholarship program laws, and other provisions of 1641 Florida law that apply to private schools. 1642 (b) For purposes of this section, the term “owner or 1643 operator” includes an owner, operator, superintendent, or 1644 principal of an eligible private school or a person with 1645 equivalent decisionmaking authority over an eligible private 1646 school. 1647 (2) A private school participating in a scholarship program 1648 must be a Florida private school as defined in s. 1002.01(2), 1649 must be registered in accordance with s. 1002.42, and must: 1650 (h) Employ or contract with teachers who: 1651 1. Unless otherwise specified under this paragraph, hold 1652 baccalaureate or higher degrees, have at least 3 years of 1653 teaching experience in public or private schools, or have 1654 objectively identified special skills, knowledge, or expertise 1655 that qualifies them to provide instruction in subjects taught. 1656 2. Hold baccalaureate or higher degrees from a regionally 1657 or nationally accredited college or university in the United 1658 States or from a recognized college or university in another 1659 country. This subparagraph applies to full-time teachers hired 1660 after July 1, 2018, who are teaching students in grade 2 or 1661 above. 1662 1663 The private school must report to the department, in a format 1664 developed by the department, the qualifications of each teacher 1665 hired by the school, including, but not limited to, an 1666 explanation of the objectively identified special skills or 1667 expertise of such teachers, as applicable. Additionally, the 1668 private school must provide to the parent of each scholarship 1669 student, on the school’s website or on a written form provided 1670 by the school, the qualifications of each classroom teacher. 1671 (i) Require each employee and contracted personnel with 1672 direct student contact, upon employment or engagement to provide 1673 services, to undergo a state and national background screening, 1674 pursuant to s. 943.0542, by electronically filing with the 1675 Department of Law Enforcement a complete set of fingerprints 1676 taken by an authorized law enforcement agency or an employee of 1677 the private school, a school district, or a private company who 1678 is trained to take fingerprints and deny employment to or 1679 terminate an employee if he or she fails to meet the screening 1680 standards under s. 435.04. Results of the screening shall be 1681 provided to the participating private school. For purposes of 1682 this paragraph: 1683 1. An “employee or contracted personnel with direct student 1684 contact” means any employee or contracted personnel who has 1685 unsupervised access to a scholarship student for whom the 1686 private school is responsible. 1687 2. The costs of fingerprinting and the background check 1688 shall not be borne by the state. 1689 3. Continued employment of an employee or contracted 1690 personnel after notification that he or she has failed the 1691 background screening under this paragraph shall cause a private 1692 school to be ineligible for participation in a scholarship 1693 program. 1694 4. An employee or contracted personnel holding a valid 1695 Florida teaching certificate who has been fingerprinted pursuant 1696 to s. 1012.32 and who is not ineligible for employment pursuant 1697 to s. 1012.315 is not required to comply with the provisions of 1698 this paragraph. 1699 (4) A private school that accepts scholarship students 1700 under this chapters. 1002.39 or s. 1002.395must: 1701 (a) Disqualify instructional personnel and school 1702 administrators, as defined in s. 1012.01, from employment in any 1703 position that requires direct contact with students if the 1704 personnel or administrators are ineligible for such employment 1705 under s. 1012.315. 1706 (b) Adopt and faithfully implement policies establishing 1707 standards of ethical conduct for instructional personnel and 1708 school administrators. The policies must require all 1709 instructional personnel and school administrators, as defined in 1710 s. 1012.01, to complete training on the standards; establish the 1711 duty of instructional personnel and school administrators to 1712 report, and procedures for reporting, alleged misconduct by 1713 other instructional personnel and school administrators which 1714 affects the health, safety, or welfare of a student; and include 1715 an explanation of the liability protections provided under ss. 1716 39.203 and 768.095. A private school, or any of its employees, 1717 may not enter into a confidentiality agreement regarding 1718 terminated or dismissed instructional personnel or school 1719 administrators, or personnel or administrators who resign in 1720 lieu of termination, based in whole or in part on misconduct 1721 that affects the health, safety, or welfare of a student, and 1722 may not provide the instructional personnel or school 1723 administrators with employment references or discuss the 1724 personnel’s or administrators’ performance with prospective 1725 employers in another educational setting, without disclosing the 1726 personnel’s or administrators’ misconduct. Any part of an 1727 agreement or contract that has the purpose or effect of 1728 concealing misconduct by instructional personnel or school 1729 administrators which affects the health, safety, or welfare of a 1730 student is void, is contrary to public policy, and may not be 1731 enforced. 1732 (c) Before employing instructional personnel or school 1733 administrators in any position that requires direct contact with 1734 students, conduct employment history checks of each of the 1735 personnel’s or administrators’ previous employers, screen the 1736 personnel or administrators through use of the educator 1737 screening tools described in s. 1001.10(5), and document the 1738 findings. If unable to contact a previous employer, the private 1739 school must document efforts to contact the employer. 1740 1741 The department shall suspend the payment of funds under this 1742 chapterss. 1002.39 and 1002.395to a private school that 1743knowinglyfails or refuses to comply with this subsection, and 1744 shall prohibit the school from enrolling new scholarship 1745 students, for 1 fiscal year and until the school complies. 1746 (5) The failure or refusalinabilityof a private school to 1747 meet the requirements of this section shall constitute a basis 1748 for the ineligibility of the private school to participate in a 1749 scholarship program as determined by the department. 1750 Additionally, a private school is ineligible to participate in a 1751 state scholarship program under this chapter if the owner or 1752 operator of the private school was a debtor in a voluntary or 1753 involuntary bankruptcy petition within the most recent 5 years. 1754 (7)(a) The department must annually visit at least 5 1755 percent, and may annually visit up to 7 percent, of the private 1756 schools that participate in the state scholarship programs under 1757 this chapter. Site visits required under subsection (8) are not 1758 included in the annual site visits authorized under this 1759 paragraph. 1760 (b) The purposes of the site visits are to verify 1761 compliance with the provisions of this section aimed at 1762 protecting the health, safety, and welfare of students and to 1763 verify the information reported by the schools concerning the 1764 enrollment and attendance of students, the credentials of 1765 teachers, background screening of teachers, and teachers’ 1766 fingerprinting results, as required by rules of the State Board 1767 of Education and this section. 1768 (c) The department may make followup site visits at any 1769 time to any school that has received a notice of noncompliance 1770 or a notice of proposed action within the previous 2 years, or 1771 for a cause that affects the health, safety, and welfare of a 1772 student. 1773 (8)(a) The department shall visit each private school that 1774 notifies the department of the school’s intent to participate in 1775 a state scholarship program under this chapter. 1776 (b) The purpose of the site visit is to determine that the 1777 school meets the applicable state and local health, safety, and 1778 welfare codes and rules pursuant to this section. 1779 (9) The Division of State Fire Marshal shall annually 1780 provide to the department a fire safety inspection report, 1781 prepared by the local fire departments or by entities with whom 1782 they contract to perform fire safety inspections of private 1783 schools, for each private school that participates in a state 1784 scholarship program under this chapter. 1785 (10) If a private school that participates in a state 1786 scholarship program under this chapter receives more than 1787 $250,000 in funds from the scholarships awarded under this 1788 chapter in a state fiscal year, the school must provide to the 1789 department a report of the balance sheet and statement of income 1790 expenditures in accordance with generally accepted accounting 1791 procedures from an independent certified public accountant who 1792 performs the agreed-upon procedures. 1793 (11)(7)The State Board of Education shall adopt rules 1794 pursuant to ss. 120.536(1) and 120.54 to administer and enforce 1795 this section. 1796 Section 17. Section 1002.43, Florida Statutes, is repealed. 1797 Section 18. Subsection (13) of section 1003.01, Florida 1798 Statutes, is amended to read: 1799 1003.01 Definitions.—As used in this chapter, the term: 1800 (13) “Regular school attendance” means the actual 1801 attendance of a student during the school day as defined by law 1802 and rules of the State Board of Education. Regular attendance 1803 within the intent of s. 1003.21 may be achieved by a student’s 1804 full-time attendance in one of the following options: 1805 (a) A public school supported by public funds, including, 1806 but not limited to, the Florida School for the Deaf and the 1807 Blind, the Florida Virtual School, a developmental research 1808 school, and a charter school established pursuant to chapter 1809 1002.;1810(b) A parochial, religious, or denominational school;1811 (b)(c)A private school, as defined in s. 1002.01(2) and in 1812 compliance with s. 1002.42, including, but not limited to, a 1813 private parochial, religious, or denominational school; and a 1814 private school supported in whole or in part by tuition charges 1815 or by endowments or gifts. This option includes an eligible 1816 private school in which a student attends as a participant in a 1817 scholarship program, as defined in s. 1002.01(3).;1818 (c)(d)A home education program, as defined in s. 1819 1002.01(1), whichthatmeets the requirements of chapter 1002.;1820or1821(e) A private tutoring program that meets the requirements1822of chapter 1002.1823 Section 19. Paragraph (f) of subsection (1) of section 1824 1003.26, Florida Statutes, is amended to read: 1825 1003.26 Enforcement of school attendance.—The Legislature 1826 finds that poor academic performance is associated with 1827 nonattendance and that school districts must take an active role 1828 in promoting and enforcing attendance as a means of improving 1829 student performance. It is the policy of the state that each 1830 district school superintendent be responsible for enforcing 1831 school attendance of all students subject to the compulsory 1832 school age in the school district and supporting enforcement of 1833 school attendance by local law enforcement agencies. The 1834 responsibility includes recommending policies and procedures to 1835 the district school board that require public schools to respond 1836 in a timely manner to every unexcused absence, and every absence 1837 for which the reason is unknown, of students enrolled in the 1838 schools. District school board policies shall require the parent 1839 of a student to justify each absence of the student, and that 1840 justification will be evaluated based on adopted district school 1841 board policies that define excused and unexcused absences. The 1842 policies must provide that public schools track excused and 1843 unexcused absences and contact the home in the case of an 1844 unexcused absence from school, or an absence from school for 1845 which the reason is unknown, to prevent the development of 1846 patterns of nonattendance. The Legislature finds that early 1847 intervention in school attendance is the most effective way of 1848 producing good attendance habits that will lead to improved 1849 student learning and achievement. Each public school shall 1850 implement the following steps to promote and enforce regular 1851 school attendance: 1852 (1) CONTACT, REFER, AND ENFORCE.— 1853 (f)1. If the parent of a child who has been identified as 1854 exhibiting a pattern of nonattendance enrolls the child in a 1855 home education program pursuant to chapter 1002, the district 1856 school superintendent shall provide the parent a copy of s. 1857 1002.41 and the accountability requirements of this paragraph. 1858 The district school superintendent shall also refer the parent 1859 to a home education review committee composed of the district 1860 contact for home education programs and at least two home 1861 educators selected by the parent from a district list of all 1862 home educators who have conducted a home education program for 1863 at least 3 years and who have indicated a willingness to serve 1864 on the committee. The home education review committee shall 1865 review the portfolio of the student, as defined by s. 1002.41, 1866 every 30 days during the district’s regular school terms until 1867 the committee is satisfied that the home education program is in 1868 compliance with s. 1002.41(1)(b). The first portfolio review 1869 must occur within the first 30 calendar days of the 1870 establishment of the program. The provisions of subparagraph 2. 1871 do not apply once the committee determines the home education 1872 program is in compliance with s. 1002.41(1)(b). 1873 2. If the parent fails to provide a portfolio to the 1874 committee, the committee shall notify the district school 1875 superintendent. The district school superintendent shall then 1876 terminate the home education program and require the parent to 1877 enroll the child in an attendance option that meets the 1878 definition of “regular school attendance” under s. 1879 1003.01(13)(a) or (b)s. 1003.01(13)(a), (b), (c), or (e), 1880 within 3 days. Upon termination of a home education program 1881 pursuant to this subparagraph, the parent shall not be eligible 1882 to reenroll the child in a home education program for 180 1883 calendar days. Failure of a parent to enroll the child in an 1884 attendance option as required by this subparagraph after 1885 termination of the home education program pursuant to this 1886 subparagraph shall constitute noncompliance with the compulsory 1887 attendance requirements of s. 1003.21 and may result in criminal 1888 prosecution under s. 1003.27(2). Nothing contained herein shall 1889 restrict the ability of the district school superintendent, or 1890 the ability of his or her designee, to review the portfolio 1891 pursuant to s. 1002.41(1)(b). 1892 Section 20. Paragraph (d) of subsection (2) of section 1893 1003.41, Florida Statutes, is amended and paragraph (f) is added 1894 to that subsection, to read: 1895 1003.41 Next Generation Sunshine State Standards.— 1896 (2) Next Generation Sunshine State Standards must meet the 1897 following requirements: 1898 (d) Social Studies standards must establish specific 1899 curricular content for, at a minimum, geography, United States 1900 and world history, government, civics, humanities, and 1901 economics, including financial literacy. Financial literacy 1902 includes the knowledge, understanding, skills, behaviors, 1903 attitudes, and values that will enable a student to make 1904 responsible and effective financial decisions on a daily basis. 1905 Financial literacy instruction shall be an integral part of 1906 instruction throughout the entire economics course and include 1907 information regarding earning income; buying goods and services; 1908 saving and financial investing; taxes; the use of credit and 1909 credit cards; budgeting and debt management, including student 1910 loans and secured loans; banking and financial services; 1911 planning for one’s financial future, including higher education 1912 and career planning; credit reports and scores; and fraud and 1913 identity theft prevention. The requirements for financial 1914 literacy specified under this paragraph do not apply to students 1915 entering grade 9 in the 2018-2019 school year and thereafter. 1916 (f) Effective for students entering grade 9 in the 2018 1917 2019 school year and thereafter, financial literacy standards 1918 must establish specific curricular content for, at a minimum, 1919 personal financial literacy and money management. Financial 1920 literacy includes instruction in the areas specified in s. 1921 1003.4282(3)(h). 1922 Section 21. Paragraphs (d) and (g) of subsection (3) of 1923 section 1003.4282, Florida Statutes, are amended, and paragraph 1924 (h) is added to that subsection, to read: 1925 1003.4282 Requirements for a standard high school diploma.— 1926 (3) STANDARD HIGH SCHOOL DIPLOMA; COURSE AND ASSESSMENT 1927 REQUIREMENTS.— 1928 (d) Three credits in social studies.—A student must earn 1929 one credit in United States History; one credit in World 1930 History; one-half credit in economics, which must include 1931 financial literacy; and one-half credit in United States 1932 Government. The United States History EOC assessment constitutes 1933 30 percent of the student’s final course grade. However, for a 1934 student entering grade 9 in the 2018-2019 school year or 1935 thereafter, financial literacy is not a required component of 1936 the one-half credit in economics. 1937 (g)EightCredits in Electives.—School districts must 1938 develop and offer coordinated electives so that a student may 1939 develop knowledge and skills in his or her area of interest, 1940 such as electives with a STEM or liberal arts focus. Such 1941 electives must include opportunities for students to earn 1942 college credit, including industry-certified career education 1943 programs or series of career-themed courses that result in 1944 industry certification or articulate into the award of college 1945 credit, or career education courses for which there is a 1946 statewide or local articulation agreement and which lead to 1947 college credit. A student entering grade 9 before the 2018-2019 1948 school year must earn eight credits in electives. A student 1949 entering grade 9 in the 2018-2019 school year or thereafter must 1950 earn seven and one-half credits in electives. 1951 (h) One-half credit in personal financial literacy. 1952 Beginning with students entering grade 9 in the 2018-2019 school 1953 year, each student shall earn one-half credit in personal 1954 financial literacy and money management. This instruction must 1955 include discussion of or instruction in the following: 1956 1. Types of bank accounts offered, opening and managing a 1957 bank account, and assessing the quality of a depository 1958 institution’s services. 1959 2. Balancing a checkbook. 1960 3. Basic principles of money management, such as spending, 1961 credit, credit scores, and managing debt, including retail and 1962 credit card debt. 1963 4. Completing a loan application. 1964 5. Receiving an inheritance and related implications. 1965 6. Basic principles of personal insurance policies. 1966 7. Computing federal income taxes. 1967 8. Local tax assessments. 1968 9. Computing interest rates by various mechanisms. 1969 10. Simple contracts. 1970 11. Contesting an incorrect billing statement. 1971 12. Types of savings and investments. 1972 13. State and federal laws concerning finance. 1973 Section 22. Section 1006.061, Florida Statutes, is amended 1974 to read: 1975 1006.061 Child abuse, abandonment, and neglect policy.—Each 1976 district school board, charter school, and private school that 1977 accepts scholarship students under s. 1002.385, s. 1002.39,or1978 s. 1002.395, or another state scholarship program under chapter 1979 1002 shall: 1980 (1) Post in a prominent place in each school a notice that, 1981 pursuant to chapter 39, all employees and agents of the district 1982 school board, charter school, or private school have an 1983 affirmative duty to report all actual or suspected cases of 1984 child abuse, abandonment, or neglect; have immunity from 1985 liability if they report such cases in good faith; and have a 1986 duty to comply with child protective investigations and all 1987 other provisions of law relating to child abuse, abandonment, 1988 and neglect. The notice shall also include the statewide toll 1989 free telephone number of the central abuse hotline. 1990 (2) Post in a prominent place at each school site and on 1991 each school’s Internet website, if available, the policies and 1992 procedures for reporting alleged misconduct by instructional 1993 personnel or school administrators which affects the health, 1994 safety, or welfare of a student; the contact person to whom the 1995 report is made; and the penalties imposed on instructional 1996 personnel or school administrators who fail to report suspected 1997 or actual child abuse or alleged misconduct by other 1998 instructional personnel or school administrators. 1999 (3) Require the principal of the charter school or private 2000 school, or the district school superintendent, or the 2001 superintendent’s designee, at the request of the Department of 2002 Children and Families, to act as a liaison to the Department of 2003 Children and Families and the child protection team, as defined 2004 in s. 39.01, when in a case of suspected child abuse, 2005 abandonment, or neglect or an unlawful sexual offense involving 2006 a child the case is referred to such a team; except that this 2007 does not relieve or restrict the Department of Children and 2008 Families from discharging its duty and responsibility under the 2009 law to investigate and report every suspected or actual case of 2010 child abuse, abandonment, or neglect or unlawful sexual offense 2011 involving a child. 2012 (4)(a) Post in a prominent place in a clearly visible 2013 location and public area of the school which is readily 2014 accessible to and widely used by students a sign in English and 2015 Spanish that contains: 2016 1. The statewide toll-free telephone number of the central 2017 abuse hotline as provided in chapter 39; 2018 2. Instructions to call 911 for emergencies; and 2019 3. Directions for accessing the Department of Children and 2020 Families Internet website for more information on reporting 2021 abuse, neglect, and exploitation. 2022 (b) The information in paragraph (a) must be put on at 2023 least one poster in each school, on a sheet that measures at 2024 least 11 inches by 17 inches, produced in large print, and 2025 placed at student eye level for easy viewing. 2026 2027 The Department of Education shall develop, and publish on the 2028 department’s Internet website, sample notices suitable for 2029 posting in accordance with subsections (1), (2), and (4). 2030 Section 23. Section 1007.273, Florida Statutes, is amended 2031 to read: 2032 1007.273 Structured high school acceleration programs 2033Collegiate high school program.— 2034(1)Each Florida College System institution shall work with 2035 each district school board in its designated service area to 2036 establish one or more structured programs, including, but not 2037 limited to, collegiate high school programs. As used in this 2038 section, the term “structured program” means a structured high 2039 school acceleration program. 2040 (1)(2)PURPOSE.—At a minimum, structuredcollegiatehigh2041schoolprograms must include an option for public school 2042 students in grade 11 or grade 12 participating in the structured 2043 program, for at least 1 full school year, to earn CAPE industry 2044 certifications pursuant to s. 1008.44, and to successfully 2045 complete at least 30 credit hours through the dual enrollment 2046 program under s. 1007.271. The structured program must 2047 prioritize dual enrollment courses that are applicable toward 2048 general education core courses or common prerequisite course 2049 requirements under s. 1007.25 over dual enrollment courses 2050 applicable as electives toward at least the first year of 2051 college for an associate degree or baccalaureate degree while 2052 enrolled in the structured program. A district school board may 2053 not limit the number of eligible public school students who may 2054 enroll in such structured programs. 2055 (2)(3)REQUIRED STRUCTURED PROGRAM CONTRACTS.— 2056 (a) Each district school board and its local Florida 2057 College System institution shall execute a contract to establish 2058 one or more structuredcollegiate high schoolprograms at a 2059 mutually agreed upon location or locations.Beginning with the20602015-2016 school year,If the local Florida College System 2061 institution does not establish a structured program with a 2062 district school board in its designated service area, another 2063 Florida College System institution may execute a contract with 2064 that district school board to establish the structured program. 2065 The contract must be executed by January 1 of each school year 2066 for implementation of the structured program during the next 2067 school year. By August 1, 2018, a contract entered into before 2068 January 1, 2018, for the 2018-2019 school year must be modified 2069 to include the provisions of paragraph (b). 2070 (b) The contract must: 2071 1.(a)Identify the grade levels to be included in the 2072 structuredcollegiate high schoolprogram;which must, at a2073minimum, include grade 12.2074 2.(b)Describe the structuredcollegiate high school2075 program, including a list of the meta-major academic pathways 2076 approved pursuant to s. 1008.30(4), which are available to 2077 participating students through the partner Florida College 2078 System institution or other eligible partner postsecondary 2079 institutions; the delineation of courses that must, at a 2080 minimum, include general education core courses and common 2081 prerequisite course requirements pursuant to s. 1007.25;and2082 industry certifications offered, including online course 2083 availability; the high school and college credits earned for 2084 each postsecondary course completed and industry certification 2085 earned; student eligibility criteria; and the enrollment process 2086 and relevant deadlines;.2087 3.(c)Describe the methods, medium, and process by which 2088 students and their parents are annually informed about the 2089 availability of the structuredcollegiate high schoolprogram, 2090 the return on investment associated with participation in the 2091 structured program, and the information described in 2092 subparagraphs 1. and 2.;paragraphs (a) and (b).2093 4.(d)Identify the delivery methods for instruction and the 2094 instructors for all courses;.2095 5.(e)Identify student advising services and progress 2096 monitoring mechanisms;.2097 6.(f)Establish a program review and reporting mechanism 2098 regarding student performance outcomes; and.2099 7.(g)Describe the terms of funding arrangements to 2100 implement the structuredcollegiate high schoolprogram pursuant 2101 to paragraph (5)(a). 2102 (3) STUDENT PERFORMANCE CONTRACT AND NOTIFICATION.— 2103 (a)(4)Each student participating in a structured 2104collegiatehigh schoolprogram must enter into a student 2105 performance contract which must be signed by the student, the 2106 parent, and a representative of the school district and the 2107 applicable Florida College System institution, state university, 2108 or other institution participating pursuant to subsection (4) 2109(5). The performance contract must, at a minimum, specify 2110includethe schedule of courses, by semester, and industry 2111 certifications to be taken by the student, if any; student 2112 attendance requirements;,andcourse grade requirements; and the 2113 applicability of such courses to an associate degree or a 2114 baccalaureate degree. 2115 (b) By September 1 of each school year, each district 2116 school board must notify each student enrolled in grades 9, 10, 2117 11, and 12 in a public school within the school district about 2118 the structured program, including, but not limited to: 2119 1. The method for earning college credit through 2120 participation in the structured program. The notification must 2121 include website links to the dual enrollment course equivalency 2122 list approved by the State Board of Education; the common degree 2123 program prerequisite requirements published by the Articulation 2124 Coordinating Committee pursuant to s. 1007.01(3)(f); the 2125 industry certification articulation agreements adopted by the 2126 State Board of Education in rule; and the approved meta-major 2127 academic pathways of the partner Florida College System 2128 institution and other eligible partner postsecondary 2129 institutions participating pursuant to subsection (4); and 2130 2. The estimated cost savings to students and their 2131 families resulting from students successfully completing 30 2132 credit hours applicable toward general education core courses or 2133 common prerequisite course requirements before graduating from 2134 high school versus the cost of earning such credit hours after 2135 graduating from high school. 2136 (4)(5)AUTHORIZED STRUCTURED PROGRAM CONTRACTS.—In addition 2137 to executing a contract with the local Florida College System 2138 institution under this section, a district school board may 2139 execute a contract to establish a structuredcollegiatehigh2140schoolprogram with a state university or an institution that is 2141 eligible to participate in the William L. Boyd, IV, Florida 2142 Resident Access Grant Program, that is a nonprofit independent 2143 college or university located and chartered in this state, and 2144 that is accredited by the Commission on Colleges of the Southern 2145 Association of Colleges and Schools to grant baccalaureate 2146 degrees. Such university or institution must meet the 2147 requirements specified under subsections (2)(3)and (3). A 2148 charter school may execute a contract directly with the local 2149 Florida College System institution or another institution as 2150 authorized under this section to establish a structured program 2151 at a mutually agreed upon location(4). 2152 (5) FUNDING.— 2153 (a)(6)The structuredcollegiate high schoolprogram shall 2154 be funded pursuant to ss. 1007.271 and 1011.62. The State Board 2155 of Education shall enforce compliance with this section by 2156 withholding the transfer of funds for the school districtsand2157the Florida College System institutionsin accordance with s. 2158 1008.32. Annually, by December 31, the State Board of Education 2159 shall enforce compliance with this section by withholding the 2160 transfer of funds for the Florida College System institutions in 2161 accordance with s. 1008.32 2162 (b) A student who enrolls in the structured program and 2163 successfully completes at least 30 college credit hours during a 2164 school year through the dual enrollment program under s. 2165 1007.271 generates a 0.5 full-time equivalent (FTE) bonus. A 2166 student who enrolls in the structured program and successfully 2167 completes an additional 30 college credit hours during a school 2168 year, resulting in at least 60 college credit hours through the 2169 dual enrollment program under s. 1007.271 applicable toward 2170 fulfilling the requirements for an associate in arts degree or 2171 an associate in science degree or a baccalaureate degree 2172 pursuant to the student performance contract under subsection 2173 (3), before graduating from high school, generates an additional 2174 0.5 FTE bonus. Each district school board that is a contractual 2175 partner with a Florida College System institution or other 2176 eligible postsecondary institution shall report to the 2177 commissioner the total FTE bonus for each structured program for 2178 the students from that school district. The total FTE bonus 2179 shall be added to each school district’s total weighted FTE for 2180 funding in the subsequent fiscal year. 2181 (c) For any industry certification a student attains under 2182 this section, the FTE bonus shall be calculated and awarded in 2183 accordance with s. 1011.62(1)(o). 2184 (6) REPORTING REQUIREMENTS.— 2185 (a) By September 1 of each school year, each district 2186 school superintendent shall report to the commissioner, at a 2187 minimum, the following information on each structured program 2188 administered during the prior school year: 2189 1. The number of students in public schools within the 2190 school district who enrolled in the structured program, and the 2191 partnering postsecondary institutions pursuant to subsections 2192 (2) and (4); 2193 2. The total and average number of dual enrollment courses 2194 completed, high school and college credits earned, standard high 2195 school diplomas and associate and baccalaureate degrees awarded, 2196 and the number of industry certifications attained, if any, by 2197 the students who enrolled in the structured program; 2198 3. The projected student enrollment in the structured 2199 program during the next school year; and 2200 4. Any barriers to executing contracts to establish one or 2201 more structured programs. 2202 (b) By November 30 of each school year, the commissioner 2203 must report to the Governor, the President of the Senate, and 2204 the Speaker of the House of Representatives the status of 2205 structured programs, including, at a minimum, a summary of 2206 student enrollment and completion information pursuant to this 2207 subsection; barriers, if any, to establishing such programs; and 2208 recommendations for expanding access to such programs statewide. 2209 Section 24. Paragraph (c) of subsection (3) and subsection 2210 (4) of section 1008.33, Florida Statutes, are amended to read: 2211 1008.33 Authority to enforce public school improvement.— 2212 (3) 2213 (c) The state board shall adopt by rule a differentiated 2214 matrix of intervention and support strategies for assisting 2215 traditional public schools identified under this section and 2216 rules for implementing s. 1002.33(9)(n), relating to charter 2217 schools. 2218 1. The intervention and support strategies must address 2219 efforts to improve student performance through one or more of 2220 the following strategies:and may include2221 a. Improvement planning; 2222 b. Leadership quality improvement; 2223 c. Educator quality improvement; 2224 d. Professional development; 2225 e. Curriculum review, pacing, and alignment across grade 2226 levels to improve background knowledge in social studies, 2227 science, and the arts; and 2228 f. The use of continuous improvement and monitoring plans 2229 and processes. 2230 2.In addition,The state board may prescribe reporting 2231 requirements to review and monitor the progress of the schools. 2232 The rule must define the intervention and support strategies for 2233 school improvement for schools earning a grade of “D” or “F” and 2234 the roles for the district and department. 2235 (4)(a) The state board shall apply intensive intervention 2236 and support strategies tailored to the needs of schools earning 2237 two consecutive grades of “D” or a grade of “F.” In the first 2238 full school year after a school initially earns two consecutive 2239 grades of “D” or a grade of “F,” the school district must 2240 immediately implement intervention and support strategies 2241 prescribed in rule under paragraph (3)(c) and, by September 1, 2242 provide the department with the memorandum of understanding 2243 negotiated pursuant to s. 1001.42(21) and, by October 1, a 2244 district-managed turnaround plan for approval by the state 2245 board. The district-managed turnaround plan may include a 2246 proposal for the district to implement an extended school day, a 2247 summer program, or a combination of an extended school day and 2248 summer program. Upon approval by the state board, the school 2249 district must implement the plan for the remainder of the school 2250 year and continue the plan for 1 full school year. The state 2251 board may allow a school an additional year of implementation 2252 before the school must implement a turnaround option required 2253 under paragraph (b) if it determines that the school is likely 2254 to improve to a grade of “C” or higher after the first full 2255 school year of implementation. 2256 (b) Unless an additional year of implementation is provided 2257 pursuant to paragraph (a), a school that has completed 2 school 2258 years of a district-managed turnaround plan required under 2259 paragraph (a) and has not improved its school grade to a “C” or 2260 higher, pursuant to s. 1008.34,earns three consecutive grades2261below a “C”must implement one of the following options: 2262 1. Reassign students to another school and monitor the 2263 progress of each reassigned student.;2264 2. Close the school and reopen the school as one or more 2265 charter schools, each with a governing board that has a 2266 demonstrated record of effectiveness. Such charter schools are 2267 eligible for funding from the hope supplemental services 2268 allocation established by s. 1011.62(16).;or2269 3. Contract with an outside entity that has a demonstrated 2270 record of effectiveness to operate the school. An outside entity 2271 may include: 2272 a. A district-managed charter school in which all 2273 instructional personnel are not employees of the school 2274 district, but are employees of an independent governing board 2275 composed of members who did not participate in the review or 2276 approval of the charter. A district-managed charter school is 2277 eligible for funding from the hope supplemental services 2278 allocation established by s. 1011.62(16); or 2279 b. A hope operator that submits to a school district a 2280 notice of intent of a performance-based agreement pursuant to s. 2281 1002.333. A school of hope established pursuant to this sub 2282 subparagraph is eligible for funding from the hope supplemental 2283 services allocation for up to 5 years, beginning in the school 2284 year in which the school of hope is established, if the school 2285 of hope: 2286 (I) Is established at the district-owned facilities of the 2287 persistently low-performing school; 2288 (II) Gives priority enrollment to students who are enrolled 2289 in, or are eligible to attend and are living in the attendance 2290 area of, the persistently low-performing school that the school 2291 of hope operates, consistent with the enrollment lottery 2292 exemption provided under s. 1002.333(5)(c); and 2293 (III) Meets the requirements of its performance-based 2294 agreement pursuant to s. 1002.333. 2295 4. Implement a franchise model school in which a highly 2296 effective principal, pursuant to s. 1012.34, leads the 2297 persistently low-performing school in addition to the 2298 principal’s currently assigned school. The franchise model 2299 school principal may allocate resources and personnel between 2300 the schools he or she leads. The persistently low-performing 2301 school is eligible for funding from the hope supplemental 2302 services allocation established under s. 1011.62(16). 2303 (c) Implementation of the turnaround option is no longer 2304 required if the school improves to a grade of “C” or higher. 2305 (d) If a schoolearning two consecutive grades of “D” or a2306grade of “F”does not improve to a grade of “C” or higher after 2307 2 full school years of implementing the turnaround option 2308 selected by the school district under paragraph (b), the school 2309 district must implement another turnaround option. 2310 Implementation of the turnaround option must begin the school 2311 year following the implementation period of the existing 2312 turnaround option, unless the state board determines that the 2313 school is likely to improve to a grade of “C” or higher if 2314 additional time is provided to implement the existing turnaround 2315 option. 2316 Section 25. Present subsections (16) and (17) of section 2317 1011.62, Florida Statutes, are redesignated as subsections (19) 2318 and (20), respectively, new subsections (16) and (17) and 2319 subsection (18) are added to that section, and paragraph (a) of 2320 subsection (4) and subsection (14) of that section are amended, 2321 to read: 2322 1011.62 Funds for operation of schools.—If the annual 2323 allocation from the Florida Education Finance Program to each 2324 district for operation of schools is not determined in the 2325 annual appropriations act or the substantive bill implementing 2326 the annual appropriations act, it shall be determined as 2327 follows: 2328 (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The 2329 Legislature shall prescribe the aggregate required local effort 2330 for all school districts collectively as an item in the General 2331 Appropriations Act for each fiscal year. The amount that each 2332 district shall provide annually toward the cost of the Florida 2333 Education Finance Program for kindergarten through grade 12 2334 programs shall be calculated as follows: 2335 (a) Estimated taxable value calculations.— 2336 1.a. Not later than 2 working days before July 19, the 2337 Department of Revenue shall certify to the Commissioner of 2338 Education its most recent estimate of the taxable value for 2339 school purposes in each school district and the total for all 2340 school districts in the state for the current calendar year 2341 based on the latest available data obtained from the local 2342 property appraisers. The value certified shall be the taxable 2343 value for school purposes for that year, and no further 2344 adjustments shall be made, except those made pursuant to 2345 paragraphs (c) and (d), or an assessment roll change required by 2346 final judicial decisions as specified in paragraph (19)(b) 2347(16)(b). Not later than July 19, the Commissioner of Education 2348 shall compute a millage rate, rounded to the next highest one 2349 one-thousandth of a mill, which, when applied to 96 percent of 2350 the estimated state total taxable value for school purposes, 2351 would generate the prescribed aggregate required local effort 2352 for that year for all districts. The Commissioner of Education 2353 shall certify to each district school board the millage rate, 2354 computed as prescribed in this subparagraph, as the minimum 2355 millage rate necessary to provide the district required local 2356 effort for that year. 2357 b. The General Appropriations Act shall direct the 2358 computation of the statewide adjusted aggregate amount for 2359 required local effort for all school districts collectively from 2360 ad valorem taxes to ensure that no school district’s revenue 2361 from required local effort millage will produce more than 90 2362 percent of the district’s total Florida Education Finance 2363 Program calculation as calculated and adopted by the 2364 Legislature, and the adjustment of the required local effort 2365 millage rate of each district that produces more than 90 percent 2366 of its total Florida Education Finance Program entitlement to a 2367 level that will produce only 90 percent of its total Florida 2368 Education Finance Program entitlement in the July calculation. 2369 2. On the same date as the certification in sub 2370 subparagraph 1.a., the Department of Revenue shall certify to 2371 the Commissioner of Education for each district: 2372 a. Each year for which the property appraiser has certified 2373 the taxable value pursuant to s. 193.122(2) or (3), if 2374 applicable, since the prior certification under sub-subparagraph 2375 1.a. 2376 b. For each year identified in sub-subparagraph a., the 2377 taxable value certified by the appraiser pursuant to s. 2378 193.122(2) or (3), if applicable, since the prior certification 2379 under sub-subparagraph 1.a. This is the certification that 2380 reflects all final administrative actions of the value 2381 adjustment board. 2382 (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may 2383 annually in the General Appropriations Act determine a 2384 percentage increase in funds per K-12 unweighted FTE as a 2385 minimum guarantee to each school district. The guarantee shall 2386 be calculated from prior year base funding per unweighted FTE 2387 student which shall include the adjusted FTE dollars as provided 2388 in subsection (19)(16), quality guarantee funds, and actual 2389 nonvoted discretionary local effort from taxes. From the base 2390 funding per unweighted FTE, the increase shall be calculated for 2391 the current year. The current year funds from which the 2392 guarantee shall be determined shall include the adjusted FTE 2393 dollars as provided in subsection (19)(16)and potential 2394 nonvoted discretionary local effort from taxes. A comparison of 2395 current year funds per unweighted FTE to prior year funds per 2396 unweighted FTE shall be computed. For those school districts 2397 which have less than the legislatively assigned percentage 2398 increase, funds shall be provided to guarantee the assigned 2399 percentage increase in funds per unweighted FTE student. Should 2400 appropriated funds be less than the sum of this calculated 2401 amount for all districts, the commissioner shall prorate each 2402 district’s allocation. This provision shall be implemented to 2403 the extent specifically funded. 2404 (16) HOPE SUPPLEMENTAL SERVICES ALLOCATION.-The hope 2405 supplemental services allocation is created to provide district 2406 managed turnaround schools, as required under s. 1008.33(4)(a), 2407 charter schools authorized under s. 1008.33(4)(b)2., district 2408 managed charter schools authorized under s. 1008.33(4)(b)3.a., 2409 schools of hope authorized under s. 1008.33(4)(b)3.b., and 2410 franchise model schools as authorized under s. 1008.33(4)(b)4., 2411 with funds to offer services designed to improve the overall 2412 academic and community welfare of the schools’ students and 2413 their families. 2414 (a) Services funded by the allocation may include, but are 2415 not limited to, tutorial and after-school programs, student 2416 counseling, nutrition education, and parental counseling. In 2417 addition, services may also include models that develop a 2418 culture that encourages students to complete high school and to 2419 attend college or career training, set high academic 2420 expectations, inspire character development, and include an 2421 extended school day and school year. 2422 (b) Prior to distribution of the allocation, a school 2423 district, for a district turnaround school and persistently low 2424 performing schools that use a franchise model; a hope operator, 2425 for a school of hope; or the charter school governing board for 2426 a charter school, as applicable, shall develop and submit a plan 2427 for implementation to its respective governing body for approval 2428 no later than August 1 of the fiscal year. 2429 (c) At a minimum, the plans required under paragraph (b) 2430 must: 2431 1. Establish comprehensive support services that develop 2432 family and community partnerships; 2433 2. Establish clearly defined and measurable high academic 2434 and character standards; 2435 3. Increase parental involvement and engagement in the 2436 child’s education; 2437 4. Describe how instructional personnel will be identified, 2438 recruited, retained, and rewarded; 2439 5. Provide professional development that focuses on 2440 academic rigor, direct instruction, and creating high academic 2441 and character standards; and 2442 6. Provide focused instruction to improve student academic 2443 proficiency, which may include additional instruction time 2444 beyond the normal school day or school year. 2445 (d) Each school district and hope operator shall submit 2446 approved plans to the commissioner by September 1 of each fiscal 2447 year. 2448 (e) For the 2018-2019 fiscal year, a school that is 2449 selected to receive funding in the 2017-2018 fiscal year 2450 pursuant to s. 1002.333(10)(c) shall receive $2,000 per FTE. A 2451 district-managed turnaround school required under s. 2452 1008.33(4)(a), charter school authorized under s. 2453 1008.33(4)(b)2., district-managed charter school authorized 2454 under s. 1008.33(4)(b)3.a., school of hope authorized under s. 2455 1008.33(4)(b)3.b., and franchise model school authorized under 2456 s. 1008.33(4)(b)4. are eligible for the remaining funds based on 2457 the school’s unweighted FTE, up to $2,000 per FTE or as provided 2458 in the General Appropriations Act. 2459 (f) For the 2019-2020 fiscal year and thereafter, each 2460 school district’s allocation shall be based on the unweighted 2461 FTE student enrollment at the eligible schools and a per-FTE 2462 funding amount of up to $2,000 per FTE or as provided in the 2463 General Appropriations Act. If the calculated funds for 2464 unweighted FTE student enrollment at the eligible schools exceed 2465 the per-FTE funds appropriated, the allocation of funds to each 2466 school district must be prorated based on each school district’s 2467 share of the total unweighted FTE student enrollment for the 2468 eligible schools. 2469 (17) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health 2470 assistance allocation is created to provide supplemental funding 2471 to assist school districts in establishing or expanding 2472 comprehensive school-based mental health programs that increase 2473 awareness of mental health issues among children and school-age 2474 youth; train educators and other school staff in detecting and 2475 responding to mental health issues; and connect children, youth, 2476 and families who may experience behavioral health issues with 2477 appropriate services. These funds may be allocated annually in 2478 the General Appropriations Act to each eligible school district 2479 and developmental research school based on each entity’s 2480 proportionate share of Florida Education Finance Program base 2481 funding. The district funding allocation must include a minimum 2482 amount as specified in the General Appropriations Act. Upon 2483 submission and approval of a plan that includes the elements 2484 specified in paragraph (b), charter schools are also entitled to 2485 a proportionate share of district funding for this program. The 2486 allocated funds may not supplant funds that are provided for 2487 this purpose from other operating funds and may not be used to 2488 increase salaries or provide bonuses. 2489 (a) Prior to the distribution of the allocation: 2490 1. The district must annually develop and submit a detailed 2491 plan outlining the local program and planned expenditures to the 2492 district school board for approval. 2493 2. A charter school must annually develop and submit a 2494 detailed plan outlining the local program and planned 2495 expenditures of the funds in the plan to its governing body for 2496 approval. After the plan is approved by the governing body, it 2497 must be provided to its school district for submission to the 2498 commissioner. 2499 (b) The plans required under paragraph (a) must include, at 2500 a minimum, all of the following elements: 2501 1. A collaborative effort or partnership between the school 2502 district and at least one local community program or agency 2503 involved in mental health to provide or to improve prevention, 2504 diagnosis, and treatment services for students; 2505 2. Programs to assist students in dealing with bullying, 2506 trauma, and violence; 2507 3. Strategies or programs to reduce the likelihood of at 2508 risk students developing social, emotional, or behavioral health 2509 problems or substance use disorders; 2510 4. Strategies to improve the early identification of 2511 social, emotional, or behavioral problems or substance use 2512 disorders and to improve the provision of early intervention 2513 services; 2514 5. Strategies to enhance the availability of school-based 2515 crisis intervention services and appropriate referrals for 2516 students in need of mental health services; and 2517 6. Training opportunities for school personnel in the 2518 techniques and supports needed to identify students who have 2519 trauma histories and who have or are at risk of having a mental 2520 illness, and in the use of referral mechanisms that effectively 2521 link such students to appropriate treatment and intervention 2522 services in the school and in the community. 2523 (c) The districts shall submit approved plans to the 2524 commissioner by August 1 of each fiscal year. 2525 (d) Beginning September 30, 2019, and by each September 30 2526 thereafter, each entity that receives an allocation under this 2527 subsection shall submit to the commissioner, in a format 2528 prescribed by the department, a final report on its program 2529 outcomes and its expenditures for each element of the program. 2530 (18) FUNDING COMPRESSION ALLOCATION.—The Legislature may 2531 provide an annual funding compression allocation in the General 2532 Appropriations Act. The allocation is created to provide 2533 additional funding to school districts and developmental 2534 research schools whose total funds per FTE in the prior year 2535 were less than the statewide average. Using the most recent 2536 prior year FEFP calculation for each eligible school district, 2537 the total funds per FTE shall be subtracted from the state 2538 average funds per FTE, not including any adjustments made 2539 pursuant to paragraph (19)(b). The resulting funds per FTE 2540 difference, or a portion thereof, as designated in the General 2541 Appropriations Act, shall then be multiplied by the school 2542 district’s total unweighted FTE to provide the allocation. If 2543 the calculated funds are greater than the amount included in the 2544 General Appropriations Act, they must be prorated to the 2545 appropriation amount based on each participating school 2546 district’s share. 2547 Section 26. Subsection (5) of section 1011.69, Florida 2548 Statutes, is amended to read: 2549 1011.69 Equity in School-Level Funding Act.— 2550 (5) After providing Title I, Part A, Basic funds to schools 2551 above the 75 percent poverty threshold, which may include high 2552 schools above the 50 percent threshold as allowed by federal 2553 law, school districts shall provide any remaining Title I, Part 2554 A, Basic funds directly to all eligible schools as provided in 2555 this subsection. For purposes of this subsection, an eligible 2556 school is a school that is eligible to receive Title I funds, 2557 including a charter school. The threshold for identifying 2558 eligible schools may not exceed the threshold established by a 2559 school district for the 2016-2017 school year or the statewide 2560 percentage of economically disadvantaged students, as determined 2561 annually. 2562 (a) Prior to the allocation of Title I funds to eligible 2563 schools, a school district may withhold funds only as follows: 2564 1. One percent for parent involvement, in addition to the 2565 one percent the district must reserve under federal law for 2566 allocations to eligible schools for parent involvement; 2567 2. A necessary and reasonable amount for administration;,2568 3.which includesThe district’s approved indirect cost 2569 rate, not to exceed a total of 8 percent;and2570 4.3.A reasonable and necessary amount to provide: 2571 a. Homeless programs; 2572 b. Delinquent and neglected programs; 2573 c. Prekindergarten programs and activities; 2574 d. Private school equitable services; and 2575 e. Transportation for foster care children to their school 2576 of origin or choice programs; and.2577 5. A necessary and reasonable amount for eligible schools 2578 to provide: 2579 a. Extended learning opportunities, such as summer school, 2580 before-school and after-school programs, and additional class 2581 periods of instruction during the school day; and 2582 b. Supplemental academic and enrichment services, staff 2583 development, and planning and curriculum, as well as wrap-around 2584 services. 2585 (b) All remaining Title I funds shall be distributed to all 2586 eligible schools in accordance with federal law and regulation. 2587 To maximize the efficient use of resources, school districts may 2588 allow eligible schools, not including charter schools, toAn2589eligible school mayuse funds under this subsection for 2590 district-levelto participate in discretionaryeducational 2591 services provided by the school district. 2592 Section 27. Subsection (5) of section 1011.71, Florida 2593 Statutes, is amended to read: 2594 1011.71 District school tax.— 2595 (5)Effective July 1, 2008,A school district may expend, 2596 subject tothe provisions ofs. 200.065, up to $150$100per 2597 unweighted full-time equivalent student from the revenue 2598 generated by the millage levy authorized by subsection (2) to 2599 fund, in addition to expenditures authorized in paragraphs 2600 (2)(a)-(j), expenses for the following: 2601 (a) The purchase, lease-purchase, or lease of driver’s 2602 education vehicles; motor vehicles used for the maintenance or 2603 operation of plants and equipment; security vehicles; or 2604 vehicles used in storing or distributing materials and 2605 equipment. 2606 (b) Payment of the cost of premiums, as defined in s. 2607 627.403, for property and casualty insurance necessary to insure 2608 school district educational and ancillary plants. As used in 2609 this paragraph, casualty insurance has the same meaning as in s. 2610 624.605(1)(d), (f), (g), (h), and (m). Operating revenues that 2611 are made available through the payment of property and casualty 2612 insurance premiums from revenues generated under this subsection 2613 may be expended only for nonrecurring operational expenditures 2614 of the school district. 2615 Section 28. Subsection (4) of section 1012.2315, Florida 2616 Statutes, is amended to read: 2617 1012.2315 Assignment of teachers.— 2618 (4) COLLECTIVE BARGAINING.— 2619 (a) Notwithstanding provisions of chapter 447 relating to 2620 district school board collective bargaining, collective 2621 bargaining provisions may not preclude a school district from 2622 providing incentives to high-quality teachers and assigning such 2623 teachers to low-performing schools. 2624 (b)1. In addition to the provisions under s. 447.305(2), an 2625 employee organization that has been certified as the bargaining 2626 agent for a unit of instructional personnel as defined in s. 2627 1012.01(2) must include for each such certified bargaining unit 2628 the following information in its application for renewal of 2629 registration: 2630 a. The number of employees in the bargaining unit who are 2631 eligible for representation by the employee organization. 2632 b. The number of employees who are represented by the 2633 employee organization, specifying the number of members who pay 2634 dues and the number of members who do not pay dues. 2635 2. Notwithstanding the provisions of chapter 447 relating 2636 to collective bargaining, an employee organization whose dues 2637 paying membership is less than 50 percent of the employees 2638 eligible for representation in the unit, as identified in 2639 subparagraph 1., must petition the Public Employees Relations 2640 Commission pursuant to s. 447.307(2) and (3) for recertification 2641 as the exclusive representative of all employees in the unit 2642 within 1 month after the date on which the organization applies 2643 for renewal of registration pursuant to s. 447.305(2). The 2644 certification of an employee organization that does not comply 2645 with this paragraph is revoked. 2646 Section 29. Section 1012.315, Florida Statutes, is amended 2647 to read: 2648 1012.315 Disqualification from employment.—A person is 2649 ineligible for educator certification, and instructional 2650 personnel and school administrators, as defined in s. 1012.01, 2651 are ineligible for employment in any position that requires 2652 direct contact with students in a district school system, 2653 charter school, or private school that accepts scholarship 2654 students under s. 1002.385, s. 1002.39,ors. 1002.395, or 2655 another state scholarship program under chapter 1002, if the 2656 person, instructional personnel, or school administrator has 2657 been convicted of: 2658 (1) Any felony offense prohibited under any of the 2659 following statutes: 2660 (a) Section 393.135, relating to sexual misconduct with 2661 certain developmentally disabled clients and reporting of such 2662 sexual misconduct. 2663 (b) Section 394.4593, relating to sexual misconduct with 2664 certain mental health patients and reporting of such sexual 2665 misconduct. 2666 (c) Section 415.111, relating to adult abuse, neglect, or 2667 exploitation of aged persons or disabled adults. 2668 (d) Section 782.04, relating to murder. 2669 (e) Section 782.07, relating to manslaughter, aggravated 2670 manslaughter of an elderly person or disabled adult, aggravated 2671 manslaughter of a child, or aggravated manslaughter of an 2672 officer, a firefighter, an emergency medical technician, or a 2673 paramedic. 2674 (f) Section 784.021, relating to aggravated assault. 2675 (g) Section 784.045, relating to aggravated battery. 2676 (h) Section 784.075, relating to battery on a detention or 2677 commitment facility staff member or a juvenile probation 2678 officer. 2679 (i) Section 787.01, relating to kidnapping. 2680 (j) Section 787.02, relating to false imprisonment. 2681 (k) Section 787.025, relating to luring or enticing a 2682 child. 2683 (l) Section 787.04(2), relating to leading, taking, 2684 enticing, or removing a minor beyond the state limits, or 2685 concealing the location of a minor, with criminal intent pending 2686 custody proceedings. 2687 (m) Section 787.04(3), relating to leading, taking, 2688 enticing, or removing a minor beyond the state limits, or 2689 concealing the location of a minor, with criminal intent pending 2690 dependency proceedings or proceedings concerning alleged abuse 2691 or neglect of a minor. 2692 (n) Section 790.115(1), relating to exhibiting firearms or 2693 weapons at a school-sponsored event, on school property, or 2694 within 1,000 feet of a school. 2695 (o) Section 790.115(2)(b), relating to possessing an 2696 electric weapon or device, destructive device, or other weapon 2697 at a school-sponsored event or on school property. 2698 (p) Section 794.011, relating to sexual battery. 2699 (q) Former s. 794.041, relating to sexual activity with or 2700 solicitation of a child by a person in familial or custodial 2701 authority. 2702 (r) Section 794.05, relating to unlawful sexual activity 2703 with certain minors. 2704 (s) Section 794.08, relating to female genital mutilation. 2705 (t) Chapter 796, relating to prostitution. 2706 (u) Chapter 800, relating to lewdness and indecent 2707 exposure. 2708 (v) Section 806.01, relating to arson. 2709 (w) Section 810.14, relating to voyeurism. 2710 (x) Section 810.145, relating to video voyeurism. 2711 (y) Section 812.014(6), relating to coordinating the 2712 commission of theft in excess of $3,000. 2713 (z) Section 812.0145, relating to theft from persons 65 2714 years of age or older. 2715 (aa) Section 812.019, relating to dealing in stolen 2716 property. 2717 (bb) Section 812.13, relating to robbery. 2718 (cc) Section 812.131, relating to robbery by sudden 2719 snatching. 2720 (dd) Section 812.133, relating to carjacking. 2721 (ee) Section 812.135, relating to home-invasion robbery. 2722 (ff) Section 817.563, relating to fraudulent sale of 2723 controlled substances. 2724 (gg) Section 825.102, relating to abuse, aggravated abuse, 2725 or neglect of an elderly person or disabled adult. 2726 (hh) Section 825.103, relating to exploitation of an 2727 elderly person or disabled adult. 2728 (ii) Section 825.1025, relating to lewd or lascivious 2729 offenses committed upon or in the presence of an elderly person 2730 or disabled person. 2731 (jj) Section 826.04, relating to incest. 2732 (kk) Section 827.03, relating to child abuse, aggravated 2733 child abuse, or neglect of a child. 2734 (ll) Section 827.04, relating to contributing to the 2735 delinquency or dependency of a child. 2736 (mm) Section 827.071, relating to sexual performance by a 2737 child. 2738 (nn) Section 843.01, relating to resisting arrest with 2739 violence. 2740 (oo) Chapter 847, relating to obscenity. 2741 (pp) Section 874.05, relating to causing, encouraging, 2742 soliciting, or recruiting another to join a criminal street 2743 gang. 2744 (qq) Chapter 893, relating to drug abuse prevention and 2745 control, if the offense was a felony of the second degree or 2746 greater severity. 2747 (rr) Section 916.1075, relating to sexual misconduct with 2748 certain forensic clients and reporting of such sexual 2749 misconduct. 2750 (ss) Section 944.47, relating to introduction, removal, or 2751 possession of contraband at a correctional facility. 2752 (tt) Section 985.701, relating to sexual misconduct in 2753 juvenile justice programs. 2754 (uu) Section 985.711, relating to introduction, removal, or 2755 possession of contraband at a juvenile detention facility or 2756 commitment program. 2757 (2) Any misdemeanor offense prohibited under any of the 2758 following statutes: 2759 (a) Section 784.03, relating to battery, if the victim of 2760 the offense was a minor. 2761 (b) Section 787.025, relating to luring or enticing a 2762 child. 2763 (3) Any criminal act committed in another state or under 2764 federal law which, if committed in this state, constitutes an 2765 offense prohibited under any statute listed in subsection (1) or 2766 subsection (2). 2767 (4) Any delinquent act committed in this state or any 2768 delinquent or criminal act committed in another state or under 2769 federal law which, if committed in this state, qualifies an 2770 individual for inclusion on the Registered Juvenile Sex Offender 2771 List under s. 943.0435(1)(h)1.d. 2772 Section 30. Paragraph (c) of subsection (3) of section 2773 1012.731, Florida Statutes, is amended to read: 2774 1012.731 The Florida Best and Brightest Teacher Scholarship 2775 Program.— 2776 (3) 2777(c) Notwithstanding the requirements of this subsection,2778for the 2017-2018, 2018-2019, and 2019-2020 school years, any2779classroom teacher who:27801. Was evaluated as highly effective pursuant to s. 1012.342781in the school year immediately preceding the year in which the2782scholarship will be awarded shall receive a scholarship of2783$1200, including a classroom teacher who received an award2784pursuant to paragraph (a).27852. Was evaluated as effective pursuant to s. 1012.34 in the2786school year immediately preceding the year in which the2787scholarship will be awarded a scholarship of up to $800. If the2788number of eligible classroom teachers under this subparagraph2789exceeds the total allocation, the department shall prorate the2790per-teacher scholarship amount.2791 2792This paragraph expires July 1, 2020.2793 Section 31. Subsections (2), (3), and (4) of section 2794 1012.732, Florida Statutes, are amended to read: 2795 1012.732 The Florida Best and Brightest Principal 2796 Scholarship Program.— 2797 (2) There is created the Florida Best and Brightest 2798 Principal Scholarship Program to be administered by the 2799 Department of Education. The program shall provide categorical 2800 funding for scholarships to be awarded to school principals, as 2801 defined in s. 1012.01(3)(c)1., who are serving as a franchise 2802 model school principal or who have recruited and retained a high 2803 percentage of best and brightest teachers. 2804 (3)(a) A school principal identified pursuant to s. 2805 1012.731(4)(c) is eligible to receive a scholarship under this 2806 section if he or she has served as school principal at his or 2807 her school for at least 2 consecutive school years including the 2808 current school year and his or her school has a ratio of best 2809 and brightest teachers to other classroom teachers that is at 2810 the 80th percentile or higher for schools within the same grade 2811 group, statewide, including elementary schools, middle schools, 2812 high schools, and schools with a combination of grade levels. 2813 (b) A principal of a franchise model school, as defined in 2814 s. 1002.334, is eligible to receive a scholarship under this 2815 section. 2816 (4) Annually, by February 1, the department shall identify 2817 eligible school principals and disburse funds to each school 2818 district for each eligible school principal to receive a 2819 scholarship. 2820 (a) A scholarship of $10,000$5,000must be awarded to each 2821 franchise model school principal who iseveryeligible under 2822 paragraph (3)(b). 2823 (b) A scholarship of $5,000 must be awarded to each school 2824 principal assigned to a Title I school and a scholarship of 2825 $4,000 to eacheveryeligible school principal who is not 2826 assigned to a Title I school and who is eligible under paragraph 2827 (3)(a). 2828 Section 32. Paragraph (e) of subsection (1) of section 2829 1012.796, Florida Statutes, is amended to read: 2830 1012.796 Complaints against teachers and administrators; 2831 procedure; penalties.— 2832 (1) 2833 (e) If allegations arise against an employee who is 2834 certified under s. 1012.56 and employed in an educator 2835 certificated position in any public school, charter school or 2836 governing board thereof, or private school that accepts 2837 scholarship students under s. 1002.385, s. 1002.39,ors. 2838 1002.395, or another state scholarship program under chapter 2839 1002, the school shall file in writing with the department a 2840 legally sufficient complaint within 30 days after the date on 2841 which the subject matter of the complaint came to the attention 2842 of the school. A complaint is legally sufficient if it contains 2843 ultimate facts that show a violation has occurred as provided in 2844 s. 1012.795 and defined by rule of the State Board of Education. 2845 The school shall include all known information relating to the 2846 complaint with the filing of the complaint. This paragraph does 2847 not limit or restrict the power and duty of the department to 2848 investigate complaints, regardless of the school’s untimely 2849 filing, or failure to file, complaints and followup reports. 2850 Section 33. Present paragraphs (a) through (d) of 2851 subsection (1) of section 1013.31, Florida Statutes, are 2852 redesignated as paragraphs (b) through (e), respectively, and a 2853 new paragraph (a) is added to that subsection, to read: 2854 1013.31 Educational plant survey; localized need 2855 assessment; PECO project funding.— 2856 (1) At least every 5 years, each board shall arrange for an 2857 educational plant survey, to aid in formulating plans for 2858 housing the educational program and student population, faculty, 2859 administrators, staff, and auxiliary and ancillary services of 2860 the district or campus, including consideration of the local 2861 comprehensive plan. The Department of Education shall document 2862 the need for additional career and adult education programs and 2863 the continuation of existing programs before facility 2864 construction or renovation related to career or adult education 2865 may be included in the educational plant survey of a school 2866 district or Florida College System institution that delivers 2867 career or adult education programs. Information used by the 2868 Department of Education to establish facility needs must 2869 include, but need not be limited to, labor market data, needs 2870 analysis, and information submitted by the school district or 2871 Florida College System institution. 2872 (a) Educational plant survey and localized need assessment 2873 for capital outlay purposes.—A district may only use funds from 2874 the following sources for educational, auxiliary, and ancillary 2875 plant capital outlay purposes without needing a survey 2876 recommendation: 2877 1. The local capital outlay improvement fund, consisting of 2878 funds that come from and are a part of the district’s basic 2879 operating budget; 2880 2. If a board decides to build an educational, auxiliary, 2881 or ancillary facility without a survey recommendation and the 2882 taxpayers approve a bond referendum, the voted bond referendum; 2883 3. One-half cent sales surtax revenue; 2884 4. One cent local governmental surtax revenue; 2885 5. Impact fees; and 2886 6. Private gifts or donations. 2887 Section 34. Paragraph (e) is added to subsection (2) of 2888 section 1013.385, Florida Statutes, to read: 2889 1013.385 School district construction flexibility.— 2890 (2) A resolution adopted under this section may propose 2891 implementation of exceptions to requirements of the uniform 2892 statewide building code for the planning and construction of 2893 public educational and ancillary plants adopted pursuant to ss. 2894 553.73 and 1013.37 relating to: 2895 (e) Any other provisions that limit the ability of a school 2896 to operate in a facility on the same basis as a charter school 2897 pursuant to s. 1002.33(18) if the regional planning council 2898 determines that there is sufficient shelter capacity within the 2899 school district as documented in the Statewide Emergency Shelter 2900 Plan. 2901 Section 35. Subsection (3) of section 1013.62, Florida 2902 Statutes, is amended, and paragraph (c) is added to subsection 2903 (1) of that section, to read: 2904 1013.62 Charter schools capital outlay funding.— 2905 (1) Charter school capital outlay funding shall consist of 2906 revenue resulting from the discretionary millage authorized in 2907 s. 1011.71(2) and state funds when such funds are appropriated 2908 in the General Appropriations Act. 2909 (c) It is the intent of the Legislature that the public 2910 interest be protected by prohibiting personal financial 2911 enrichment by owners, operators, managers, real estate 2912 developers, and other affiliated parties of charter schools. 2913 Therefore, a charter school is not eligible for a funding 2914 allocation unless the chair of the governing board and the chief 2915 administrative officer of the charter school annually certify 2916 under oath that the funds will be used solely and exclusively 2917 for constructing, renovating, or improving charter school 2918 facilities that are: 2919 1. Owned by a school district, a political subdivision of 2920 the state, a municipality, a Florida College System institution, 2921 or a state university; 2922 2. Owned by an organization that is qualified as an exempt 2923 organization under s. 501(c)(3) of the Internal Revenue Code 2924 whose articles of incorporation specify that, upon the 2925 organization’s dissolution, the subject property will be 2926 transferred to a school district, a political subdivision of the 2927 state, a municipality, a Florida College System institution, or 2928 a state university; or 2929 3. Owned by and leased, at a fair market value in the 2930 school district in which the charter school is located, from a 2931 person or entity that is not an affiliated party of the charter 2932 school. For the purposes of this subparagraph, the term 2933 “affiliated party of the charter school” means the applicant for 2934 the charter school pursuant to s. 1002.33; the governing board 2935 of the charter school or a member of the governing board; the 2936 charter school owner; the charter school principal; an employee 2937 of the charter school; an independent contractor of the charter 2938 school or the governing board of the charter school; a relative, 2939 as defined in s. 1002.33(24)(a)2., of a charter school governing 2940 board member, a charter school owner, a charter school 2941 principal, a charter school employee, or an independent 2942 contractor of a charter school or charter school governing 2943 board; a subsidiary corporation, a service corporation, an 2944 affiliated corporation, a parent corporation, a limited 2945 liability company, a limited partnership, a trust, a 2946 partnership, or a related party that, individually or through 2947 one or more entities, shares common ownership or control and 2948 directly or indirectly manages, administers, controls, or 2949 oversees the operation of the charter school; or any person or 2950 entity, individually or through one or more entities that share 2951 common ownership, which directly or indirectly manages, 2952 administers, controls, or oversees the operation of any of the 2953 foregoing. 2954 (3) If the school board levies the discretionary millage 2955 authorized in s. 1011.71(2), the department shall use the 2956 following calculation methodology to determine the amount of 2957 revenue that a school district must distribute to each eligible 2958 charter school: 2959 (a) Reduce the total discretionary millage revenue by the 2960 school district’s annual debt service obligation incurred as of 2961 March 1, 2017, and any amount of participation requirement 2962 pursuant to s. 1013.64(2)(a)8. that is being satisfied by 2963 revenues raised by the discretionary millage. 2964 (b) Divide the school district’s adjusted discretionary 2965 millage revenue by the district’s total capital outlay full-time 2966 equivalent membership and the total number of unweighted full 2967 time equivalent students of each eligible charter school to 2968 determine a capital outlay allocation per full-time equivalent 2969 student. 2970 (c) Multiply the capital outlay allocation per full-time 2971 equivalent student by the total number of full-time equivalent 2972 students for allof eacheligible charter schools within the 2973 districtschoolto determine the total charter school capital 2974 outlay allocation for each districtcharter school. 2975 (d) If applicable, reduce the capital outlay allocation 2976 identified in paragraph (c) by the total amount of state funds 2977 allocated pursuant to subsection (2) to alleacheligible 2978 charter schools within a districtschoolin subsection (2)to 2979 determine the net totalmaximumcalculated capital outlay 2980 allocation from local funds. If state funds are not allocated 2981 pursuant to subsection (2), the amount determined in paragraph 2982 (c) is equal to the net total calculated capital outlay 2983 allocation from local funds for each district. 2984 (e) For each charter school within each district, the net 2985 capital outlay amount from local funds shall be calculated in 2986 the same manner as the state funds in paragraphs (2)(a)-(d), 2987 except that the base charter school per weighted FTE allocation 2988 amount shall be determined by dividing the net total capital 2989 outlay amount from local funds by the total weighted FTE for all 2990 eligible charter schools within the district. The per weighted 2991 FTE allocation amount from local funds shall be multiplied by 2992 the weighted FTE for each charter school to determine each 2993 charter school’s capital outlay allocation from local funds. 2994 (f)(e)School districts shall distribute capital outlay 2995 funds to charter schools no later than February 1 of each year,2996beginning on February 1, 2018, for the 2017-2018 fiscal year. 2997 Section 36. Effective July 1, 2019, subsection (13) of 2998 section 212.08, Florida Statutes, is amended to read: 2999 212.08 Sales, rental, use, consumption, distribution, and 3000 storage tax; specified exemptions.—The sale at retail, the 3001 rental, the use, the consumption, the distribution, and the 3002 storage to be used or consumed in this state of the following 3003 are hereby specifically exempt from the tax imposed by this 3004 chapter. 3005 (13) No transactions shall be exempt from the tax imposed 3006 by this chapter except those expressly exempted herein. All laws 3007 granting tax exemptions, to the extent they may be inconsistent 3008 or in conflict with this chapter, including, but not limited to, 3009 the following designated laws, shall yield to and be superseded 3010 by the provisions of this subsection: ss. 125.019, 153.76, 3011 154.2331, 159.15, 159.31, 159.50, 159.708, 163.385, 163.395, 3012 215.76, 243.33, 315.11, 348.65, 348.762, 349.13, 403.1834, and 3013 616.07, and 623.09, and the following Laws of Florida, acts of 3014 the year indicated: s. 31, chapter 30843, 1955; s. 19, chapter 3015 30845, 1955; s. 12, chapter 30927, 1955; s. 8, chapter 31179, 3016 1955; s. 15, chapter 31263, 1955; s. 13, chapter 31343, 1955; s. 3017 16, chapter 59-1653; s. 13, chapter 59-1356; s. 12, chapter 61 3018 2261; s. 19, chapter 61-2754; s. 10, chapter 61-2686; s. 11, 3019 chapter 63-1643; s. 11, chapter 65-1274; s. 16, chapter 67-1446; 3020 and s. 10, chapter 67-1681. This subsection does not supersede 3021 the authority of a local government to adopt financial and local 3022 government incentives pursuant to s. 163.2517. 3023 Section 37. For the 2018-2019 fiscal year, the sum of 3024 $2,596,560 in recurring funds from the General Revenue Fund and 3025 the sum of $392,134 in nonrecurring funds from the General 3026 Revenue Fund are appropriated to the Department of Education to 3027 implement this act as follows: the sum of $2 million in 3028 recurring funds shall be used to implement the Hope Scholarship 3029 Program created pursuant to s. 1002.40, Florida Statutes, the 3030 sum of $596,560 in recurring funds and $142,134 in nonrecurring 3031 funds shall be used to implement the additional oversight 3032 requirements pursuant to s. 1002.421, Florida Statutes, and the 3033 sum of $250,000 in nonrecurring funds shall be used to issue a 3034 competitive grant award pursuant to s. 1002.395(9), Florida 3035 Statutes. 3036 Section 38. The Department of Revenue may, and all 3037 conditions are deemed met to, adopt emergency rules pursuant to 3038 ss. 120.536(1) and 120.54, Florida Statutes, to administer this 3039 act. 3040 Section 39. Except as otherwise expressly provided in this 3041 act, this act shall take effect July 1, 2018 3042 3043 ================= T I T L E A M E N D M E N T ================ 3044 And the title is amended as follows: 3045 Delete everything before the enacting clause 3046 and insert: 3047 A bill to be entitled 3048 An act relating to education; creating s. 212.1832, 3049 F.S.; authorizing certain persons to receive a tax 3050 credit for certain contributions to eligible nonprofit 3051 scholarship-funding organizations for the Hope 3052 Scholarship Program; providing requirements for motor 3053 vehicle dealers; requiring the Department of Revenue 3054 to disregard certain tax credits for specified 3055 purposes; providing that specified provisions apply to 3056 certain provisions; amending s. 213.053, F.S.; 3057 authorizing the Department of Revenue to share 3058 specified information with eligible nonprofit 3059 scholarship-funding organizations; providing that 3060 certain requirements apply to such organizations; 3061 repealing ch. 623, F.S., relating to private school 3062 corporations, on a specified date; amending s. 3063 1001.10, F.S.; revising the private schools to which 3064 the Department of Education is required to provide 3065 technical assistance and authorized staff; amending s. 3066 1001.4205, F.S.; authorizing a member of the State 3067 Legislature to visit any district school, including 3068 any charter school, in his or her legislative 3069 district; amending s. 1002.01, F.S.; revising and 3070 defining terms; amending s. 1002.20; updating 3071 educational options and terminology; amending s. 3072 1002.33, F.S.; extending the period of time for which 3073 a charter school may defer its opening for specified 3074 reasons; amending s. 1002.331, F.S.; revising the 3075 requirements for a charter school to be considered a 3076 high-performing charter school; amending s. 1002.333, 3077 F.S.; redefining the terms “persistently low 3078 performing school” and “school of hope”; revising the 3079 required contents of a school of hope notice of intent 3080 and performance-based agreement; revising school of 3081 hope facility requirements; specifying that certain 3082 schools of hope are eligible to receive hope 3083 supplemental service allocation funds; requiring the 3084 State Board of Education to provide awards to all 3085 eligible schools that meet certain requirements; 3086 prohibiting a school of hope operator or owner from 3087 serving as the principal of a school of hope that he 3088 or she manages; conforming cross-references; creating 3089 s. 1002.334, F.S.; defining the term “franchise model 3090 school”; authorizing specified schools to use a 3091 franchise model school as a turnaround option; 3092 specifying requirements for a franchise model school 3093 principal; amending s. 1002.385, F.S.; revising the 3094 meaning of a rare disease within the definition of a 3095 “disability” for purposes of the Gardiner Scholarship 3096 Program; revising requirements for private schools 3097 that participate in the program; specifying that the 3098 failure or refusal, rather than the inability of, a 3099 private school to meet certain requirements 3100 constitutes a basis for program ineligibility; 3101 conforming cross-references; amending s. 1002.39, 3102 F.S.; revising the purpose of department site visits 3103 at private schools participating in the John M. McKay 3104 Scholarships for Students with Disabilities Program; 3105 authorizing the department to make followup site 3106 visits at any time to certain private schools; 3107 requiring participating private schools to provide a 3108 specified report from an independent certified public 3109 accountant under certain circumstances; specifying 3110 that the failure or refusal, rather than the inability 3111 of, a private school to meet certain requirements 3112 constitutes a basis for program ineligibility; 3113 conforming provisions to changes made by the act; 3114 amending s. 1002.395, F.S.; revising obligations of 3115 eligible nonprofit scholarship-funding organizations 3116 participating in the Florida Tax Credit Scholarship 3117 Program; specifying that the failure or refusal, 3118 rather than the inability of, a private school to meet 3119 certain requirements constitutes a basis for program 3120 ineligibility; revising the purpose of department site 3121 visits at private schools participating in the Florida 3122 Tax Credit Scholarship Program; authorizing the 3123 department to make followup site visits at any time to 3124 certain private schools; conforming provisions to 3125 changes made by the act; creating s. 1002.40, F.S.; 3126 establishing the Hope Scholarship Program; providing 3127 the purpose of the program; defining terms; providing 3128 eligibility requirements; prohibiting the payment of a 3129 scholarship under certain circumstances; requiring a 3130 principal to provide copies of a report of physical 3131 violence or emotional abuse to certain individuals 3132 within specified timeframes; requiring the principal 3133 to investigate such incidents; requiring a school 3134 district to notify an eligible student’s parent of the 3135 program under certain circumstances; requiring a 3136 school district to provide certain information 3137 relating to the statewide assessment program; 3138 providing requirements and obligations for eligible 3139 private schools; providing Department of Education 3140 obligations relating to participating students and 3141 private schools and program requirements; providing 3142 Commissioner of Education obligations; requiring the 3143 commissioner to deny, suspend, or revoke a private 3144 school’s participation in the program or the payment 3145 of scholarship funds under certain circumstances; 3146 defining the term “owner or operator”; providing a 3147 process for review of a decision from the commissioner 3148 under certain circumstances; providing for the release 3149 of personally identifiable student information under 3150 certain circumstances; providing parent and student 3151 responsibilities for initial and continued 3152 participation in the program; providing nonprofit 3153 scholarship-funding organization obligations; 3154 providing for the calculation of the scholarship 3155 amount; providing the scholarship amount for students 3156 transferred to certain public schools; requiring 3157 verification of specified information before a 3158 scholarship may be disbursed; providing requirements 3159 for the scholarship payments; providing funds for 3160 administrative expenses for certain nonprofit 3161 scholarship-funding organizations; providing 3162 requirements for administrative expenses; prohibiting 3163 a nonprofit scholarship-funding organization from 3164 charging an application fee; providing Auditor General 3165 obligations; providing requirements for taxpayer 3166 elections to contribute to the program; requiring the 3167 Department of Revenue to adopt forms to administer the 3168 program; providing requirements for certain agents of 3169 the Department of Revenue and motor vehicle dealers; 3170 providing reporting requirements for nonprofit 3171 scholarship-funding organizations relating to taxpayer 3172 contributions; providing penalties; providing for the 3173 restitution of specified funds under certain 3174 circumstances; providing the state is not liable for 3175 the award or use of program funds; prohibiting 3176 additional regulations for private schools 3177 participating in the program beyond those necessary to 3178 enforce program requirements; requiring the State 3179 Board of Education to adopt rules to administer the 3180 program; amending s. 1002.421, F.S.; defining the term 3181 “owner or operator”; requiring a private school to 3182 employ or contract with teachers who meet certain 3183 qualifications and provide information about such 3184 qualifications to the department and parents; revising 3185 the conditions under which a private school employee 3186 may be exempted from background screening 3187 requirements; specifying that a private school is 3188 ineligible to participate in certain scholarship 3189 programs under certain circumstances; requiring the 3190 department to annually visit a certain percentage of 3191 certain private schools; authorizing the department to 3192 make certain followup site visits at any time; 3193 requiring the Division of State Fire Marshal to 3194 annually provide the department with fire safety 3195 inspection reports for certain private schools; 3196 requiring that certain private schools provide the 3197 department with a report from an independent certified 3198 public accountant under certain circumstances; 3199 repealing s. 1002.43, F.S., relating to private 3200 tutoring programs; amending s. 1003.01, F.S.; 3201 redefining the term “regular school attendance”; 3202 amending s. 1003.26, F.S.; conforming a cross 3203 reference; amending s. 1003.41, F.S.; revising the 3204 requirements for the Next Generation Sunshine State 3205 Standards to include financial literacy; amending s. 3206 1003.4282, F.S.; revising the required credits for a 3207 standard high school diploma to include one-half 3208 credit of instruction in personal financial literacy 3209 and money management and seven and one-half, rather 3210 than eight, credits in electives; amending s. 3211 1006.061, F.S.; revising the applicability of certain 3212 child abuse, abandonment, and neglect provisions; 3213 amending s. 1007.273, F.S.; defining the term 3214 “structured program”; providing additional options for 3215 students participating in a structured program; 3216 prohibiting a district school board from limiting the 3217 number of public school students who may participate 3218 in a structured program; revising contract 3219 requirements; requiring each district school board to 3220 annually notify students in certain grades of certain 3221 information about the structured program, by a 3222 specified date; revising provisions relating to 3223 funding; requiring the state board to enforce 3224 compliance with certain provisions by a specified date 3225 each year; providing reporting requirements; amending 3226 s. 1008.33, F.S.; revising the turnaround options 3227 available for certain schools; amending s. 1011.62, 3228 F.S.; creating the hope supplemental services 3229 allocation; providing the purpose of the allocation; 3230 specifying the services that may be funded by the 3231 allocation; providing that implementation plans may 3232 include certain models; providing requirements for 3233 implementation plans; providing for the allocation of 3234 funds in specified fiscal years; creating the mental 3235 health assistance allocation; providing the purpose of 3236 the allocation; providing for the annual allocation of 3237 such funds on a specified basis; prohibiting the use 3238 of allocated funds to supplant funds provided from 3239 other operating funds, to increase salaries, or to 3240 provide bonuses; providing requirements for school 3241 districts and charter schools; providing that required 3242 plans must include certain elements; requiring school 3243 districts to annually submit approved plans to the 3244 Commissioner of Education by a specified date; 3245 requiring that entities that receive such allocations 3246 annually submit a final report on program outcomes and 3247 specific expenditures to the commissioner by a 3248 specified date; creating the funding compression 3249 allocation; providing the purpose of the allocation; 3250 authorizing funding for the annual allocation; 3251 providing the calculation for the allocation; amending 3252 s. 1011.69, F.S.; authorizing certain high schools to 3253 receive Title I funds; providing that a school 3254 district may withhold Title I funds for specified 3255 purposes; authorizing certain schools to use Title I 3256 funds for specified purposes; amending s. 1011.71, 3257 F.S.; increasing the amount that a school district may 3258 expend from a specified millage levy for certain 3259 expenses; amending s. 1012.2315, F.S.; requiring 3260 certain employee organizations to include specified 3261 information in a specified application and to petition 3262 for recertification for specified purposes; amending 3263 s. 1012.315, F.S.; revising the applicability of 3264 certain provisions related to disqualification from 3265 employment for the conviction of specified offenses; 3266 amending s. 1012.731, F.S.; deleting Florida Best and 3267 Brightest Teacher Scholarship Program scholarship 3268 awards authorized for specific school years; amending 3269 s. 1012.732, F.S.; specifying that a franchise model 3270 school principal is eligible to receive a Florida Best 3271 and Brightest Principal scholarship; requiring 3272 specified awards for eligible principals; amending s. 3273 1012.796, F.S.; revising the applicability of a 3274 requirement that certain private schools file 3275 specified reports with the department for certain 3276 allegations against its employees; amending s. 3277 1013.31, F.S.; authorizing a district to use certain 3278 sources of funds for educational, auxiliary, and 3279 ancillary plant capital outlay purposes without 3280 needing a survey recommendation; amending s. 1013.385, 3281 F.S.; providing additional exceptions to certain 3282 building code regulations for school districts; 3283 amending s. 1013.62, F.S.; providing legislative 3284 intent; prohibiting a charter school from being 3285 eligible for capital outlay funds unless the chair of 3286 the governing board and the chief administrative 3287 officer of the charter school annually certify certain 3288 information; defining the term “affiliated party of 3289 the charter school”; revising the Department of 3290 Education’s calculation methodology for a school 3291 district’s distribution of discretionary millage to 3292 its eligible charter schools; amending s. 212.08, 3293 F.S.; conforming a cross-reference; providing 3294 appropriations; providing appropriations; authorizing 3295 the Department of Revenue to adopt emergency rules for 3296 specified purposes; providing effective dates.