Bill Text: FL S1848 | 2018 | Regular Session | Introduced
Bill Title: Florida Tax Credit Scholarship Program
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-03-10 - Died in Appropriations Subcommittee on Finance and Tax [S1848 Detail]
Download: Florida-2018-S1848-Introduced.html
Florida Senate - 2018 SB 1848 By Senator Farmer 34-01546-18 20181848__ 1 A bill to be entitled 2 An act relating to the Florida Tax Credit Scholarship 3 Program; repealing s. 1002.395, F.S., relating to the 4 Florida Tax Credit Scholarship Program; repealing ss. 5 211.0251, 212.1831, 220.1875, 561.1211, and 624.51055, 6 F.S., relating to credit for contributions to eligible 7 nonprofit scholarship-funding organizations; amending 8 ss. 11.45, 213.053, 220.02, 220.13, 220.186, 1001.10, 9 1002.20, 1002.23, 1002.385, 1002.39, 1002.421, 10 1006.061, 1012.315, and 1012.796, F.S.; conforming 11 provisions to changes made by the act; providing an 12 effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Section 1002.395, Florida Statutes, is repealed. 17 Section 2. Section 211.0251, Florida Statutes, is repealed. 18 Section 3. Section 212.1831, Florida Statutes, is repealed. 19 Section 4. Section 220.1875, Florida Statutes, is repealed. 20 Section 5. Section 561.1211, Florida Statutes, is repealed. 21 Section 6. Section 624.51055, Florida Statutes, is 22 repealed. 23 Section 7. Paragraph (k) of subsection (2) and subsection 24 (8) of section 11.45, Florida Statutes, are amended to read: 25 11.45 Definitions; duties; authorities; reports; rules.— 26 (2) DUTIES.—The Auditor General shall: 27(k)Annually conduct operational audits of the accounts and28records of eligible nonprofit scholarship-funding organizations29receiving eligible contributions under s. 1002.395, including30any contracts for services with related entities, to determine31compliance with the provisions of that section. Such audits32shall include, but not be limited to, a determination of the33eligible nonprofit scholarship-funding organization’s compliance34with s. 1002.395(6)(j). The Auditor General shall provide its35report on the results of the audits to the Governor, the36President of the Senate, the Speaker of the House of37Representatives, the Chief Financial Officer, and the38Legislative Auditing Committee, within 30 days of completion of39the audit.40 41 The Auditor General shall perform his or her duties 42 independently but under the general policies established by the 43 Legislative Auditing Committee. This subsection does not limit 44 the Auditor General’s discretionary authority to conduct other 45 audits or engagements of governmental entities as authorized in 46 subsection (3). 47 (8) RULES OF THE AUDITOR GENERAL.—The Auditor General, in 48 consultation with the Board of Accountancy, shall adopt rules 49 for the form and conduct of all financial audits performed by 50 independent certified public accountants pursuant to ss. 51 215.981, 218.39, 1001.453,1002.395,1004.28, and 1004.70. The 52 rules for audits of local governmental entities, charter 53 schools, charter technical career centers, and district school 54 boards must include, but are not limited to, requirements for 55 the reporting of information necessary to carry out the purposes 56 of the Local Governmental Entity, Charter School, Charter 57 Technical Career Center, and District School Board Financial 58 Emergencies Act as stated in s. 218.501. 59 Section 8. Paragraph (s) of subsection (8) of section 60 213.053, Florida Statutes, is amended to read: 61 213.053 Confidentiality and information sharing.— 62 (8) Notwithstanding any other provision of this section, 63 the department may provide: 64(s)Information relative to ss. 211.0251, 212.1831,65220.1875, 561.1211, 624.51055, and 1002.395 to the Department of66Education and the Division of Alcoholic Beverages and Tobacco in67the conduct of official business.68 69 Disclosure of information under this subsection shall be 70 pursuant to a written agreement between the executive director 71 and the agency. Such agencies, governmental or nongovernmental, 72 shall be bound by the same requirements of confidentiality as 73 the Department of Revenue. Breach of confidentiality is a 74 misdemeanor of the first degree, punishable as provided by s. 75 775.082 or s. 775.083. 76 Section 9. Subsection (8) of section 220.02, Florida 77 Statutes, is amended to read: 78 220.02 Legislative intent.— 79 (8) It is the intent of the Legislature that credits 80 against either the corporate income tax or the franchise tax be 81 applied in the following order: those enumerated in s. 631.828, 82 those enumerated in s. 220.191, those enumerated in s. 220.181, 83 those enumerated in s. 220.183, those enumerated in s. 220.182, 84 those enumerated in s. 220.1895, those enumerated in s. 220.195, 85 those enumerated in s. 220.184, those enumerated in s. 220.186, 86 those enumerated in s. 220.1845, those enumerated in s. 220.19, 87 those enumerated in s. 220.185,those enumerated in s. 220.1875,88 those enumerated in s. 220.192, those enumerated in s. 220.193, 89 those enumerated in s. 288.9916, those enumerated in s. 90 220.1899, those enumerated in s. 220.194, and those enumerated 91 in s. 220.196. 92 Section 10. Paragraph (a) of subsection (1) of section 93 220.13, Florida Statutes, is amended to read: 94 220.13 “Adjusted federal income” defined.— 95 (1) The term “adjusted federal income” means an amount 96 equal to the taxpayer’s taxable income as defined in subsection 97 (2), or such taxable income of more than one taxpayer as 98 provided in s. 220.131, for the taxable year, adjusted as 99 follows: 100 (a) Additions.—There shall be added to such taxable income: 101 1. The amount of any tax upon or measured by income, 102 excluding taxes based on gross receipts or revenues, paid or 103 accrued as a liability to the District of Columbia or any state 104 of the United States which is deductible from gross income in 105 the computation of taxable income for the taxable year. 106 2. The amount of interest which is excluded from taxable 107 income under s. 103(a) of the Internal Revenue Code or any other 108 federal law, less the associated expenses disallowed in the 109 computation of taxable income under s. 265 of the Internal 110 Revenue Code or any other law, excluding 60 percent of any 111 amounts included in alternative minimum taxable income, as 112 defined in s. 55(b)(2) of the Internal Revenue Code, if the 113 taxpayer pays tax under s. 220.11(3). 114 3. In the case of a regulated investment company or real 115 estate investment trust, an amount equal to the excess of the 116 net long-term capital gain for the taxable year over the amount 117 of the capital gain dividends attributable to the taxable year. 118 4. That portion of the wages or salaries paid or incurred 119 for the taxable year which is equal to the amount of the credit 120 allowable for the taxable year under s. 220.181. This 121 subparagraph shall expire on the date specified in s. 290.016 122 for the expiration of the Florida Enterprise Zone Act. 123 5. That portion of the ad valorem school taxes paid or 124 incurred for the taxable year which is equal to the amount of 125 the credit allowable for the taxable year under s. 220.182. This 126 subparagraph shall expire on the date specified in s. 290.016 127 for the expiration of the Florida Enterprise Zone Act. 128 6. The amount taken as a credit under s. 220.195 which is 129 deductible from gross income in the computation of taxable 130 income for the taxable year. 131 7. That portion of assessments to fund a guaranty 132 association incurred for the taxable year which is equal to the 133 amount of the credit allowable for the taxable year. 134 8. In the case of a nonprofit corporation which holds a 135 pari-mutuel permit and which is exempt from federal income tax 136 as a farmers’ cooperative, an amount equal to the excess of the 137 gross income attributable to the pari-mutuel operations over the 138 attributable expenses for the taxable year. 139 9. The amount taken as a credit for the taxable year under 140 s. 220.1895. 141 10. Up to nine percent of the eligible basis of any 142 designated project which is equal to the credit allowable for 143 the taxable year under s. 220.185. 14411.The amount taken as a credit for the taxable year under145s. 220.1875. The addition in this subparagraph is intended to146ensure that the same amount is not allowed for the tax purposes147of this state as both a deduction from income and a credit148against the tax. This addition is not intended to result in149adding the same expense back to income more than once.150 11.12.The amount taken as a credit for the taxable year 151 under s. 220.192. 152 12.13.The amount taken as a credit for the taxable year 153 under s. 220.193. 154 13.14.Any portion of a qualified investment, as defined in 155 s. 288.9913, which is claimed as a deduction by the taxpayer and 156 taken as a credit against income tax pursuant to s. 288.9916. 157 14.15.The costs to acquire a tax credit pursuant to s. 158 288.1254(5) that are deducted from or otherwise reduce federal 159 taxable income for the taxable year. 160 15.16.The amount taken as a credit for the taxable year 161 pursuant to s. 220.194. 162 16.17.The amount taken as a credit for the taxable year 163 under s. 220.196. The addition in this subparagraph is intended 164 to ensure that the same amount is not allowed for the tax 165 purposes of this state as both a deduction from income and a 166 credit against the tax. The addition is not intended to result 167 in adding the same expense back to income more than once. 168 Section 11. Subsection (2) of section 220.186, Florida 169 Statutes, is amended to read: 170 220.186 Credit for Florida alternative minimum tax.— 171 (2) The credit pursuant to this section shall be the amount 172 of the excess, if any, of the tax paid based upon taxable income 173 determined pursuant to s. 220.13(2)(k) over the amount of tax 174 which would have been due based upon taxable income without 175 application of s. 220.13(2)(k), before application of this176credit without application of any credit under s. 220.1875. 177 Section 12. Subsections (4) and (5) of section 1001.10, 178 Florida Statutes, are amended to read: 179 1001.10 Commissioner of Education; general powers and 180 duties.— 181 (4) The Department of Education shall provide technical 182 assistance to school districts, charter schools, the Florida 183 School for the Deaf and the Blind, and private schools that 184 accept scholarship students under s. 1002.39or s. 1002.395in 185 the development of policies, procedures, and training related to 186 employment practices and standards of ethical conduct for 187 instructional personnel and school administrators, as defined in 188 s. 1012.01. 189 (5) The Department of Education shall provide authorized 190 staff of school districts, charter schools, the Florida School 191 for the Deaf and the Blind, and private schools that accept 192 scholarship students under s. 1002.39or s. 1002.395with access 193 to electronic verification of information from the following 194 employment screening tools: 195 (a) The Professional Practices’ Database of Disciplinary 196 Actions Against Educators; and 197 (b) The Department of Education’s Teacher Certification 198 Database. 199 200 This subsection does not require the department to provide these 201 staff with unlimited access to the databases. However, the 202 department shall provide the staff with access to the data 203 necessary for performing employment history checks of the 204 instructional personnel and school administrators included in 205 the databases. 206 Section 13. Paragraph (b) of subsection (6) of section 207 1002.20, Florida Statutes, is amended to read: 208 1002.20 K-12 student and parent rights.—Parents of public 209 school students must receive accurate and timely information 210 regarding their child’s academic progress and must be informed 211 of ways they can help their child to succeed in school. K-12 212 students and their parents are afforded numerous statutory 213 rights including, but not limited to, the following: 214 (6) EDUCATIONAL CHOICE.— 215 (b) Private educational choices.—Parents of public school 216 students may seek private educational choice options under 217 certain programs. 218 1. Under the McKay Scholarships for Students with 219 Disabilities Program, the parent of a public school student with 220 a disability may request and receive a McKay Scholarship for the 221 student to attend a private school in accordance with s. 222 1002.39. 2232.Under the Florida Tax Credit Scholarship Program, the224parent of a student who qualifies for free or reduced-price225school lunch or who is currently placed, or during the previous226state fiscal year was placed, in foster care as defined in s.22739.01 may seek a scholarship from an eligible nonprofit228scholarship-funding organization in accordance with s. 1002.395.229 2.3.Under the Florida Personal Learning Scholarship 230 Accounts Program, the parent of a student with a qualifying 231 disability may apply for a personal learning scholarship to be 232 used for individual educational needs in accordance with s. 233 1002.385. 234 Section 14. Subsection (2) of section 1002.23, Florida 235 Statutes, is amended to read: 236 1002.23 Family and School Partnership for Student 237 Achievement Act.— 238 (2) To facilitate meaningful parent and family involvement, 239 the Department of Education shall develop guidelines for a 240 parent guide to successful student achievement which describes 241 what parents need to know about their child’s educational 242 progress and how they can help their child to succeed in school. 243 The guidelines shall include, but need not be limited to: 244 (a) Parental information regarding: 245 1. Requirements for their child to be promoted to the next 246 grade, as provided for in s. 1008.25; 247 2. Progress of their child toward achieving state and 248 district expectations for academic proficiency; 249 3. Assessment results, including report cards and progress 250 reports; 251 4. Qualifications of their child’s teachers; and 252 5. School entry requirements, including required 253 immunizations and the recommended immunization schedule; 254 (b) Services available for parents and their children, such 255 as family literacy services; mentoring, tutorial, and other 256 academic reinforcement programs; college planning, academic 257 advisement, and student counseling services; and after-school 258 programs; 259 (c) Opportunities for parental participation, such as 260 parenting classes, adult education, school advisory councils, 261 and school volunteer programs; 262 (d) Opportunities for parents to learn about rigorous 263 academic programs that may be available for their child, such as 264 honors programs, dual enrollment, advanced placement, 265 International Baccalaureate, International General Certificate 266 of Secondary Education (pre-AICE), Advanced International 267 Certificate of Education, Florida Virtual High School courses, 268 and accelerated access to postsecondary education; 269 (e) Educational choices, as provided for in s. 1002.20(6),270and Florida tax credit scholarships, as provided for in s.2711002.395; 272 (f) Classroom and test accommodations available for 273 students with disabilities; 274 (g) School board rules, policies, and procedures for 275 student promotion and retention, academic standards, student 276 assessment, courses of study, instructional materials, and 277 contact information for school and district offices; and 278 (h) Resources for information on student health and other 279 available resources for parents. 280 Section 15. Paragraphs (e) and (g) of subsection (2), 281 paragraph (b) of subsection (3), paragraph (c) of subsection 282 (4), paragraph (e) of subsection (8), paragraph (c) of 283 subsection (9), and paragraph (g) of subsection (13) of section 284 1002.385, Florida Statutes, are amended to read: 285 1002.385 The Gardiner Scholarship.— 286 (2) DEFINITIONS.—As used in this section, the term: 287(e)“Eligible nonprofit scholarship-funding organization”288or “organization” means a nonprofit scholarship-funding289organization that is approved pursuant to s. 1002.395(16).290 (f)(g)“Eligible private school” means a private school, as 291 defined in s. 1002.01, which is located in this state, which 292 offers an education to students in any grade from kindergarten 293 to grade 12, and which meets the requirements of: 294 1. Sections 1002.42 and 1002.421; and 295 2. A scholarship program under s. 1002.39or s. 1002.395,296as applicable,if the private school participates in a 297 scholarship program under s. 1002.39or s. 1002.395. 298 (3) PROGRAM ELIGIBILITY.—A parent of a student with a 299 disability may request and receive from the state a Gardiner 300 Scholarship for the purposes specified in subsection (5) if: 301 (b) The parent has applied to an eligible nonprofit 302 scholarship-funding organization to participate in the program 303 by February 1 before the school year in which the student will 304 participate or an alternative date as set by the organization 305 for any vacant, funded slots. The request must be communicated 306 directly to the organization in a manner that creates a written 307 or electronic record of the request and the date of receipt of 308 the request. In addition to the application and any 309 documentation required by the organization or by State Board of 310 Education rule, the parent may submit a final verification 311 document pursuant to this paragraph to receive scholarship funds 312 in the student’s account before the department confirms program 313 eligibility pursuant to paragraph (9)(e). The final verification 314 document must consist of one of the following items applicable 315 to the student: 316 1. A completed withdrawal form from the school district, if 317 the student was enrolled in a public school before the 318 determination of program eligibility. 319 2. A letter of admission or enrollment from an eligible 320 private school for the fiscal year in which the student wishes 321 to participate and, if applicable, a copy of the notification 322 from the private school that the student has withdrawn from the 323 John M. McKay Scholarships for Students with Disabilities 324 Programor the Florida Tax Credit Scholarship Program. 325 3. A copy of the notice of the parent’s intent to establish 326 and maintain a home education program required by s. 327 1002.41(1)(a) or the annual educational evaluation of the 328 student in a home education program, which is required by s. 329 1002.41(2). 330 (4) PROGRAM PROHIBITIONS.—A student is not eligible for the 331 program if he or she is: 332 (c) Receiving a scholarship pursuant tothe Florida Tax333Credit Scholarship Program under s. 1002.395 orthe John M. 334 McKay Scholarships for Students with Disabilities Program under 335 s. 1002.39. 336 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible 337 private school may be sectarian or nonsectarian and shall: 338 (e) Provide a report from an independent certified public 339 accountantwho performs the agreed-upon procedures developed340under s. 1002.395(6)(o)if the private school receives more than 341 $250,000 in funds from scholarships awarded under this section 342 in a state fiscal year. A private school subject to this 343 paragraph must annually submit the report by September 15 to the 344 organization that awarded the majority of the school’s 345 scholarship funds.The agreed-upon procedures must be conducted346in accordance with attestation standards established by the347American Institute of Certified Public Accountants.348 349 If a private school is unable to meet the requirements of this 350 subsection or has consecutive years of material exceptions 351 listed in the report required under paragraph (e), the 352 commissioner may determine that the private school is ineligible 353 to participate in the program. 354 (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department 355 shall: 356 (c) Investigate any written complaint of a violation of 357 this section by a parent, a student, a private school, a public 358 school or a school district, an organization, a provider, or 359 another appropriate partyin accordance with the process360established by s. 1002.395(9)(f). 361 (13) FUNDING AND PAYMENT.— 362 (g) In addition to funds appropriated for scholarship 363 awards and subject to a separate, specific legislative 364 appropriation, an organization may receive an amount equivalent 365 to not more than 3 percent of the amount of each scholarship 366 award from state funds for administrative expenses if the 367 organization has operated as a nonprofit entity for at least the 368 preceding 3 fiscal years and did not have any findings of 369 material weakness or material noncompliance in its most recent 370 auditunder s. 1002.395(6)(m). Such administrative expenses must 371 be reasonable and necessary for the organization’s management 372 and distribution of scholarships under this section. Funds 373 authorized under this paragraph may not be used for lobbying or 374 political activity or expenses related to lobbying or political 375 activity. An organization may not charge an application fee for 376 a scholarship. Administrative expenses may not be deducted from 377 funds appropriated for scholarship awards. 378 Section 16. Subsection (3) of section 1002.39, Florida 379 Statutes, is amended to read: 380 1002.39 The John M. McKay Scholarships for Students with 381 Disabilities Program.—There is established a program that is 382 separate and distinct from the Opportunity Scholarship Program 383 and is named the John M. McKay Scholarships for Students with 384 Disabilities Program. 385 (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.—A student is 386 not eligible for a John M. McKay Scholarship: 387 (a) While he or she is enrolled in a school operating for 388 the purpose of providing educational services to youth in 389 Department of Juvenile Justice commitment programs; 390(b)While he or she is receiving a Florida tax credit391scholarship under s. 1002.395;392 (b)(c)While he or she is receiving an educational 393 scholarship pursuant to this chapter; 394 (c)(d)While he or she is participating in a home education 395 program as defined in s. 1002.01(1); 396 (d)(e)While he or she is participating in a private 397 tutoring program pursuant to s. 1002.43; 398 (e)(f)While he or she is participating in a virtual 399 school, correspondence school, or distance learning program that 400 receives state funding pursuant to the student’s participation 401 unless the participation is limited to no more than two courses 402 per school year; 403 (f)(g)While he or she is enrolled in the Florida School 404 for the Deaf and the Blind; 405 (g)(h)While he or she is not having regular and direct 406 contact with his or her private school teachers at the school’s 407 physical location unless he or she is enrolled in the private 408 school’s transition-to-work program pursuant to subsection (10); 409 or 410 (h)(i)If he or she has been issued a temporary 504 411 accommodation plan under s. 504 of the Rehabilitation Act of 412 1973 which is valid for 6 months or less. 413 Section 17. Subsections (1) and (4) of section 1002.421, 414 Florida Statutes, are amended to read: 415 1002.421 Accountability of private schools participating in 416 state school choice scholarship programs.— 417 (1) A Florida private school participating inthe Florida418Tax Credit Scholarship Program established pursuant to s.4191002.395 oran educational scholarship program established 420 pursuant to this chapter must comply with all requirements of 421 this section in addition to private school requirements outlined 422 in s. 1002.42, specific requirements identified within 423 respective scholarship program laws, and other provisions of 424 Florida law that apply to private schools. 425 (4) A private school that accepts scholarship students 426 under s. 1002.39or s. 1002.395must: 427 (a) Disqualify instructional personnel and school 428 administrators, as defined in s. 1012.01, from employment in any 429 position that requires direct contact with students if the 430 personnel or administrators are ineligible for such employment 431 under s. 1012.315. 432 (b) Adopt policies establishing standards of ethical 433 conduct for instructional personnel and school administrators. 434 The policies must require all instructional personnel and school 435 administrators, as defined in s. 1012.01, to complete training 436 on the standards; establish the duty of instructional personnel 437 and school administrators to report, and procedures for 438 reporting, alleged misconduct by other instructional personnel 439 and school administrators which affects the health, safety, or 440 welfare of a student; and include an explanation of the 441 liability protections provided under ss. 39.203 and 768.095. A 442 private school, or any of its employees, may not enter into a 443 confidentiality agreement regarding terminated or dismissed 444 instructional personnel or school administrators, or personnel 445 or administrators who resign in lieu of termination, based in 446 whole or in part on misconduct that affects the health, safety, 447 or welfare of a student, and may not provide the instructional 448 personnel or school administrators with employment references or 449 discuss the personnel’s or administrators’ performance with 450 prospective employers in another educational setting, without 451 disclosing the personnel’s or administrators’ misconduct. Any 452 part of an agreement or contract that has the purpose or effect 453 of concealing misconduct by instructional personnel or school 454 administrators which affects the health, safety, or welfare of a 455 student is void, is contrary to public policy, and may not be 456 enforced. 457 (c) Before employing instructional personnel or school 458 administrators in any position that requires direct contact with 459 students, conduct employment history checks of each of the 460 personnel’s or administrators’ previous employers, screen the 461 personnel or administrators through use of the educator 462 screening tools described in s. 1001.10(5), and document the 463 findings. If unable to contact a previous employer, the private 464 school must document efforts to contact the employer. 465 466 The department shall suspend the payment of funds under s. 467 1002.39ss. 1002.39 and 1002.395to a private school that 468 knowingly fails to comply with this subsection, and shall 469 prohibit the school from enrolling new scholarship students, for 470 1 fiscal year and until the school complies. 471 Section 18. Section 1006.061, Florida Statutes, is amended 472 to read: 473 1006.061 Child abuse, abandonment, and neglect policy.—Each 474 district school board, charter school, and private school that 475 accepts scholarship students under s. 1002.39or s. 1002.395476 shall: 477 (1) Post in a prominent place in each school a notice that, 478 pursuant to chapter 39, all employees and agents of the district 479 school board, charter school, or private school have an 480 affirmative duty to report all actual or suspected cases of 481 child abuse, abandonment, or neglect; have immunity from 482 liability if they report such cases in good faith; and have a 483 duty to comply with child protective investigations and all 484 other provisions of law relating to child abuse, abandonment, 485 and neglect. The notice shall also include the statewide toll 486 free telephone number of the central abuse hotline. 487 (2) Post in a prominent place at each school site and on 488 each school’s Internet website, if available, the policies and 489 procedures for reporting alleged misconduct by instructional 490 personnel or school administrators which affects the health, 491 safety, or welfare of a student; the contact person to whom the 492 report is made; and the penalties imposed on instructional 493 personnel or school administrators who fail to report suspected 494 or actual child abuse or alleged misconduct by other 495 instructional personnel or school administrators. 496 (3) Require the principal of the charter school or private 497 school, or the district school superintendent, or the 498 superintendent’s designee, at the request of the Department of 499 Children and Families, to act as a liaison to the Department of 500 Children and Families and the child protection team, as defined 501 in s. 39.01, when in a case of suspected child abuse, 502 abandonment, or neglect or an unlawful sexual offense involving 503 a child the case is referred to such a team; except that this 504 does not relieve or restrict the Department of Children and 505 Families from discharging its duty and responsibility under the 506 law to investigate and report every suspected or actual case of 507 child abuse, abandonment, or neglect or unlawful sexual offense 508 involving a child. 509 (4)(a) Post in a prominent place in a clearly visible 510 location and public area of the school which is readily 511 accessible to and widely used by students a sign in English and 512 Spanish that contains: 513 1. The statewide toll-free telephone number of the central 514 abuse hotline as provided in chapter 39; 515 2. Instructions to call 911 for emergencies; and 516 3. Directions for accessing the Department of Children and 517 Families Internet website for more information on reporting 518 abuse, neglect, and exploitation. 519 (b) The information in paragraph (a) must be put on at 520 least one poster in each school, on a sheet that measures at 521 least 11 inches by 17 inches, produced in large print, and 522 placed at student eye level for easy viewing. 523 524 The Department of Education shall develop, and publish on the 525 department’s Internet website, sample notices suitable for 526 posting in accordance with subsections (1), (2), and (4). 527 Section 19. Section 1012.315, Florida Statutes, is amended 528 to read: 529 1012.315 Disqualification from employment.—A person is 530 ineligible for educator certification, and instructional 531 personnel and school administrators, as defined in s. 1012.01, 532 are ineligible for employment in any position that requires 533 direct contact with students in a district school system, 534 charter school, or private school that accepts scholarship 535 students under s. 1002.39or s. 1002.395, if the person, 536 instructional personnel, or school administrator has been 537 convicted of: 538 (1) Any felony offense prohibited under any of the 539 following statutes: 540 (a) Section 393.135, relating to sexual misconduct with 541 certain developmentally disabled clients and reporting of such 542 sexual misconduct. 543 (b) Section 394.4593, relating to sexual misconduct with 544 certain mental health patients and reporting of such sexual 545 misconduct. 546 (c) Section 415.111, relating to adult abuse, neglect, or 547 exploitation of aged persons or disabled adults. 548 (d) Section 782.04, relating to murder. 549 (e) Section 782.07, relating to manslaughter, aggravated 550 manslaughter of an elderly person or disabled adult, aggravated 551 manslaughter of a child, or aggravated manslaughter of an 552 officer, a firefighter, an emergency medical technician, or a 553 paramedic. 554 (f) Section 784.021, relating to aggravated assault. 555 (g) Section 784.045, relating to aggravated battery. 556 (h) Section 784.075, relating to battery on a detention or 557 commitment facility staff member or a juvenile probation 558 officer. 559 (i) Section 787.01, relating to kidnapping. 560 (j) Section 787.02, relating to false imprisonment. 561 (k) Section 787.025, relating to luring or enticing a 562 child. 563 (l) Section 787.04(2), relating to leading, taking, 564 enticing, or removing a minor beyond the state limits, or 565 concealing the location of a minor, with criminal intent pending 566 custody proceedings. 567 (m) Section 787.04(3), relating to leading, taking, 568 enticing, or removing a minor beyond the state limits, or 569 concealing the location of a minor, with criminal intent pending 570 dependency proceedings or proceedings concerning alleged abuse 571 or neglect of a minor. 572 (n) Section 790.115(1), relating to exhibiting firearms or 573 weapons at a school-sponsored event, on school property, or 574 within 1,000 feet of a school. 575 (o) Section 790.115(2)(b), relating to possessing an 576 electric weapon or device, destructive device, or other weapon 577 at a school-sponsored event or on school property. 578 (p) Section 794.011, relating to sexual battery. 579 (q) Former s. 794.041, relating to sexual activity with or 580 solicitation of a child by a person in familial or custodial 581 authority. 582 (r) Section 794.05, relating to unlawful sexual activity 583 with certain minors. 584 (s) Section 794.08, relating to female genital mutilation. 585 (t) Chapter 796, relating to prostitution. 586 (u) Chapter 800, relating to lewdness and indecent 587 exposure. 588 (v) Section 806.01, relating to arson. 589 (w) Section 810.14, relating to voyeurism. 590 (x) Section 810.145, relating to video voyeurism. 591 (y) Section 812.014(6), relating to coordinating the 592 commission of theft in excess of $3,000. 593 (z) Section 812.0145, relating to theft from persons 65 594 years of age or older. 595 (aa) Section 812.019, relating to dealing in stolen 596 property. 597 (bb) Section 812.13, relating to robbery. 598 (cc) Section 812.131, relating to robbery by sudden 599 snatching. 600 (dd) Section 812.133, relating to carjacking. 601 (ee) Section 812.135, relating to home-invasion robbery. 602 (ff) Section 817.563, relating to fraudulent sale of 603 controlled substances. 604 (gg) Section 825.102, relating to abuse, aggravated abuse, 605 or neglect of an elderly person or disabled adult. 606 (hh) Section 825.103, relating to exploitation of an 607 elderly person or disabled adult. 608 (ii) Section 825.1025, relating to lewd or lascivious 609 offenses committed upon or in the presence of an elderly person 610 or disabled person. 611 (jj) Section 826.04, relating to incest. 612 (kk) Section 827.03, relating to child abuse, aggravated 613 child abuse, or neglect of a child. 614 (ll) Section 827.04, relating to contributing to the 615 delinquency or dependency of a child. 616 (mm) Section 827.071, relating to sexual performance by a 617 child. 618 (nn) Section 843.01, relating to resisting arrest with 619 violence. 620 (oo) Chapter 847, relating to obscenity. 621 (pp) Section 874.05, relating to causing, encouraging, 622 soliciting, or recruiting another to join a criminal street 623 gang. 624 (qq) Chapter 893, relating to drug abuse prevention and 625 control, if the offense was a felony of the second degree or 626 greater severity. 627 (rr) Section 916.1075, relating to sexual misconduct with 628 certain forensic clients and reporting of such sexual 629 misconduct. 630 (ss) Section 944.47, relating to introduction, removal, or 631 possession of contraband at a correctional facility. 632 (tt) Section 985.701, relating to sexual misconduct in 633 juvenile justice programs. 634 (uu) Section 985.711, relating to introduction, removal, or 635 possession of contraband at a juvenile detention facility or 636 commitment program. 637 (2) Any misdemeanor offense prohibited under any of the 638 following statutes: 639 (a) Section 784.03, relating to battery, if the victim of 640 the offense was a minor. 641 (b) Section 787.025, relating to luring or enticing a 642 child. 643 (3) Any criminal act committed in another state or under 644 federal law which, if committed in this state, constitutes an 645 offense prohibited under any statute listed in subsection (1) or 646 subsection (2). 647 (4) Any delinquent act committed in this state or any 648 delinquent or criminal act committed in another state or under 649 federal law which, if committed in this state, qualifies an 650 individual for inclusion on the Registered Juvenile Sex Offender 651 List under s. 943.0435(1)(h)1.d. 652 Section 20. Paragraph (e) of subsection (1) of section 653 1012.796, Florida Statutes, is amended to read: 654 1012.796 Complaints against teachers and administrators; 655 procedure; penalties.— 656 (1) 657 (e) If allegations arise against an employee who is 658 certified under s. 1012.56 and employed in an educator 659 certificated position in any public school, charter school or 660 governing board thereof, or private school that accepts 661 scholarship students under s. 1002.39or s. 1002.395, the school 662 shall file in writing with the department a legally sufficient 663 complaint within 30 days after the date on which the subject 664 matter of the complaint came to the attention of the school. A 665 complaint is legally sufficient if it contains ultimate facts 666 that show a violation has occurred as provided in s. 1012.795 667 and defined by rule of the State Board of Education. The school 668 shall include all known information relating to the complaint 669 with the filing of the complaint. This paragraph does not limit 670 or restrict the power and duty of the department to investigate 671 complaints, regardless of the school’s untimely filing, or 672 failure to file, complaints and followup reports. 673 Section 21. This act shall take effect July 1, 2018.