Florida Senate - 2014                                    SB 1620
       
       
        
       By Senator Galvano
       
       
       
       
       
       26-00293B-14                                          20141620__
    1                        A bill to be entitled                      
    2         An act relating to tax credit scholarship programs;
    3         amending s. 212.1831, F.S.; creating a credit against
    4         the sales and use tax for contributions to an eligible
    5         nonprofit scholarship-funding organization; amending
    6         s. 213.053, F.S.; authorizing the Department of
    7         Revenue to provide certain information to a selected
    8         eligible nonprofit scholarship-funding organization as
    9         notification that a tax credit has been reserved;
   10         amending s. 1002.395, F.S.; revising definitions;
   11         revising student eligibility criteria; revising the
   12         tax credit cap and the procedures for applying for a
   13         tax credit; allowing a tax credit to be conveyed,
   14         transferred, or assigned between the members of an
   15         affiliated corporate group; revising the disqualifying
   16         offenses for scholarship-funding organization owners
   17         and operators; revising priority for new applicants;
   18         requiring parental authorization for access to income
   19         eligibility information; requiring a scholarship
   20         funding organization to meet certain surety bond or
   21         letter of credit requirements; increasing the
   22         scholarship amount limit per student; providing for a
   23         reduction in scholarship amounts based on household
   24         income; specifying and requiring additional
   25         information for initial approval and renewal of
   26         scholarship-funding organization participation;
   27         creating an application and approval evaluation
   28         process; creating s. 1002.396, F.S.; establishing the
   29         Florida Sales Tax Credit Scholarship Program;
   30         providing a credit against the sales tax for
   31         contributions to a nonprofit scholarship-funding
   32         organization; providing legislative intent and
   33         purposes; defining terms; providing for scholarship
   34         eligibility; providing for a tax cap and other
   35         limitations on the tax credit; providing parent,
   36         student, scholarship-funding organization, Department
   37         of Education, school district, and Commissioner of
   38         Education responsibilities, obligations, and powers
   39         with respect to the scholarship program; providing for
   40         the payment of scholarships; authorizing the
   41         Department of Revenue and Department of Education to
   42         adopt rules; providing for the deposit of
   43         contributions; providing for severability; creating s.
   44         1002.397, F.S.; establishing a combined tax credit cap
   45         for the Florida Tax Credit Scholarship Program and
   46         Florida Sales Tax Credit Scholarship Program;
   47         establishing a schedule of combined tax credit cap
   48         amounts; amending s. 1002.421, F.S.; conforming
   49         provisions to changes made by the act; providing that
   50         scholarship-funding organizations approved for
   51         participation before a certain date must provide a
   52         copy of a surety bond or letter of credit; providing
   53         emergency rulemaking authority; providing an effective
   54         date.
   55          
   56  Be It Enacted by the Legislature of the State of Florida:
   57  
   58         Section 1. Section 212.1831, Florida Statutes, is amended
   59  to read:
   60         212.1831 Credit for contributions to eligible nonprofit
   61  scholarship-funding organizations.—
   62         (1) There is allowed a credit of 100 percent of an eligible
   63  contribution made to an eligible nonprofit scholarship-funding
   64  organization under s. 1002.395 against any tax imposed by the
   65  state and due under this chapter from a direct pay permit holder
   66  as a result of the direct pay permit held pursuant to s.
   67  212.183. For purposes of the distributions of tax revenue under
   68  s. 212.20, the department shall disregard any tax credits
   69  allowed under this subsection section to ensure that any
   70  reduction in tax revenue received which that is attributable to
   71  the tax credits results only in a reduction in distributions to
   72  the General Revenue Fund. Sections The provisions of s. 1002.395
   73  and 1002.397 apply to the credit authorized by this subsection
   74  section.
   75         (2) There is allowed a credit of 100 percent of an eligible
   76  contribution made to an eligible nonprofit scholarship-funding
   77  organization under s. 1002.396 against any tax imposed by the
   78  state and due under this chapter. For purposes of the
   79  distributions of tax revenue under s. 212.20, the department
   80  shall disregard any tax credit allowed under this subsection to
   81  ensure that any reduction in tax revenue received which is
   82  attributable to the tax credits results only in a reduction in
   83  distributions to the General Revenue Fund. The credits against
   84  the state sales tax authorized under s. 1002.396 shall be
   85  deducted from any sales and use tax remitted by the dealer to
   86  the department by electronic funds transfer and may only be
   87  deducted on a sales and use tax return initiated through
   88  electronic data interchange. The dealer shall separately state
   89  the credit on the electronic return. The net amount of tax due
   90  and payable must be remitted by an electronic funds transfer. A
   91  dealer may only obtain a credit using the method described in
   92  this subsection. A dealer may not obtain a credit by applying
   93  for a refund. Sections 1002.396 and 1002.397 apply to credits
   94  granted under this subsection.
   95         Section 2. Paragraph (cc) is added to subsection (8) of
   96  section 213.053, Florida Statutes, to read:
   97         213.053 Confidentiality and information sharing.—
   98         (8) Notwithstanding any other provision of this section,
   99  the department may provide:
  100         (cc)For purposes of notification that a tax credit has
  101  been reserved, a copy of a letter of approval issued by the
  102  department to a taxpayer for an allocation of a tax credit to
  103  the eligible nonprofit scholarship-funding organization selected
  104  by the taxpayer in an application for a tax credit authorized
  105  under s. 1002.395 or s. 1002.396.
  106  
  107  Disclosure of information under this subsection shall be
  108  pursuant to a written agreement between the executive director
  109  and the agency. Such agencies, governmental or nongovernmental,
  110  shall be bound by the same requirements of confidentiality as
  111  the Department of Revenue. Breach of confidentiality is a
  112  misdemeanor of the first degree, punishable as provided by s.
  113  775.082 or s. 775.083.
  114         Section 3. Paragraph (f) of subsection (2), paragraph (b)
  115  of subsection (3), subsection (4), paragraphs (a) through (d) of
  116  subsection (5), subsection (6), paragraph (e) of subsection (8),
  117  paragraphs (d) and (o) of subsection (9), and paragraph (a) of
  118  subsection (12), of section 1002.395, Florida Statutes, are
  119  amended, present paragraphs (h) through (j) of subsection (2)
  120  are redesignated as paragraphs (i) through (k), respectively,
  121  and a new paragraph (h) is added to subsection (2) of that
  122  section, a new paragraph (g) is added to subsection (7) of that
  123  section, a new paragraph (q) is added to subsection (9) of that
  124  section, and a new subsection (16) is added to that section, to
  125  read:
  126         1002.395 Florida Tax Credit Scholarship Program.—
  127         (2) DEFINITIONS.—As used in this section, the term:
  128         (f) “Eligible nonprofit scholarship-funding organization”
  129  means a charitable organization that:
  130         1. Is exempt from federal income tax pursuant to s.
  131  501(c)(3) of the Internal Revenue Code;
  132         2. Is a Florida entity formed under chapter 607, chapter
  133  608, or chapter 617 and whose principal office is located in the
  134  state; and
  135         3. Complies with subsections the provisions of subsection
  136  (6) and (16).
  137         (h) “Household income” has the same meaning as provided in
  138  the Eligibility Guidelines for free and reduced price meals for
  139  the National School Lunch Program under 7 C.F.R. part 210.
  140         (3) PROGRAM; SCHOLARSHIP ELIGIBILITY.—
  141         (b) Contingent upon available funds, a student is eligible
  142  for a Florida tax credit scholarship under this section if the
  143  student meets one or more of the following criteria:
  144         1. For the 2014-2015 and 2015-2016 school years, the
  145  student qualifies for free or reduced-price school lunches under
  146  the National School Lunch Act or is on the direct certification
  147  list and:
  148         a. Was counted as a full-time equivalent student during the
  149  previous state fiscal year for purposes of state per-student
  150  funding;
  151         b. Received a scholarship from an eligible nonprofit
  152  scholarship-funding organization or from the State of Florida
  153  during the previous school year; or
  154         c. Is eligible to enter kindergarten through fifth grade.
  155         2. The student is currently placed, or during the previous
  156  state fiscal year was placed, in foster care or in out-of-home
  157  care as defined in s. 39.01. A student eligible for a
  158  scholarship under this subparagraph remains eligible until the
  159  student graduates from high school or turns 21 years of age,
  160  whichever occurs later.
  161         3. For the 2014-2015 and 2015-2016 school years, the
  162  student continues in the scholarship program as long as the
  163  student’s household income level does not exceed 230 percent of
  164  the federal poverty level.
  165         4. For the 2016-2017 school year and thereafter, the
  166  student is on the direct certification list or the student’s
  167  household income does not exceed 185 percent of the federal
  168  poverty level.
  169         5.For the 2016-2017 school year and thereafter, the
  170  student’s household income is greater than 185 percent, but does
  171  not exceed 260 percent, of the federal poverty level and:
  172         a. During the prior year, the student attended a public
  173  school in this state and was enrolled and reported by the school
  174  district for funding during October and February for purposes of
  175  the Florida Education Finance Program membership surveys; or
  176         b. The student is eligible to enter kindergarten or first
  177  grade The student, who is a first-time tax credit scholarship
  178  recipient, is a sibling of a student who is continuing in the
  179  scholarship program and who resides in the same household as the
  180  student if the sibling meets one or more of the criteria
  181  specified in subparagraphs 1. and 2. and as long as the
  182  student’s and sibling’s household income level does not exceed
  183  230 percent of the federal poverty level.
  184         (4) SCHOLARSHIP PROHIBITIONS.—A student is not eligible for
  185  a scholarship if while he or she is:
  186         (a) Enrolled in a school operating for the purpose of
  187  providing educational services to youth in Department of
  188  Juvenile Justice commitment programs;
  189         (b) Receiving a scholarship from another eligible nonprofit
  190  scholarship-funding organization under this section or s.
  191  1002.396;
  192         (c) Receiving an educational scholarship pursuant to
  193  chapter 1002;
  194         (d) Participating in a home education program as defined in
  195  s. 1002.01(1);
  196         (e) Participating in a private tutoring program pursuant to
  197  s. 1002.43;
  198         (f) Participating in a virtual school, correspondence
  199  school, or distance learning program that receives state funding
  200  pursuant to the student’s participation unless the participation
  201  is limited to no more than two courses per school year; or
  202         (g) Enrolled in the Florida School for the Deaf and the
  203  Blind.
  204         (5) SCHOLARSHIP FUNDING TAX CREDITS; LIMITATIONS.—
  205         (a)1. The tax credit cap is as provided in s. 1002.397
  206  amount is $229 million in the 2012-2013 state fiscal year.
  207         2. In the 2013-2014 state fiscal year and each state fiscal
  208  year thereafter, the tax credit cap amount is the tax credit cap
  209  amount in the prior state fiscal year. However, in any state
  210  fiscal year when the annual tax credit amount for the prior
  211  state fiscal year is equal to or greater than 90 percent of the
  212  tax credit cap amount applicable to that state fiscal year, the
  213  tax credit cap amount shall increase by 25 percent. The
  214  department shall publish on its website information identifying
  215  the tax credit cap amount when it is increased pursuant to this
  216  subparagraph.
  217         (b) A taxpayer may submit an application to the department
  218  for a tax credit or credits under one or more of s. 211.0251, s.
  219  212.1831(1) s. 212.1831, s. 220.1875, s. 561.1211, or s.
  220  624.51055.
  221         1. The taxpayer shall specify in the application each tax
  222  for which the taxpayer requests a credit and the applicable
  223  taxable year for a credit under s. 220.1875 or s. 624.51055 or
  224  the applicable state fiscal year for a credit under s. 211.0251,
  225  s. 212.1831(1) s. 212.1831, or s. 561.1211. The department shall
  226  approve tax credits on a first-come, first-served basis and must
  227  obtain the division’s approval before prior to approving a tax
  228  credit under s. 561.1211.
  229         2. Within 10 days after approving an application, the
  230  department must provide a copy of its approval letter to the
  231  eligible nonprofit scholarship funding organization specified by
  232  the taxpayer in the application.
  233         (c) If a tax credit approved under paragraph (b) is not
  234  fully used within the specified state fiscal year for credits
  235  under s. 211.0251, s. 212.1831(1) s. 212.1831, or s. 561.1211 or
  236  against taxes due for the specified taxable year for credits
  237  under s. 220.1875 or s. 624.51055 because of insufficient tax
  238  liability on the part of the taxpayer, the unused amount may be
  239  carried forward for up to a period not to exceed 5 years.
  240  However, a any taxpayer that seeks to carry forward an unused
  241  amount of tax credit must submit an application to the
  242  department for approval of the carryforward tax credit in the
  243  year that the taxpayer intends to use the carryforward. The
  244  department must obtain the division’s approval before prior to
  245  approving the carryforward of a tax credit under s. 561.1211.
  246         (d) A taxpayer may not convey, assign, or transfer an
  247  approved tax credit or a carryforward tax credit to another
  248  entity unless all of the assets of the taxpayer are conveyed,
  249  assigned, or transferred in the same transaction. However, a tax
  250  credit may be conveyed, transferred, or assigned between the
  251  members of an affiliated group of corporations if the type of
  252  tax credit under s. 211.0251, s. 212.1831(1), s. 220.1875, s.
  253  561.1211, or s. 624.51055 remains the same. A taxpayer must
  254  notify the department of the intent to convey, transfer, or
  255  assign a tax credit to another member within an affiliated group
  256  of corporations. The amount conveyed, transferred, or assigned
  257  is available to another member of the affiliated group of
  258  corporations upon approval by the department. The department
  259  must obtain the division’s approval before approving the
  260  conveyed, transferred, or assigned tax credit under s. 561.1211.
  261         (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
  262  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
  263  organization:
  264         (a) Must comply with the antidiscrimination provisions of
  265  42 U.S.C. s. 2000d.
  266         (b) Must comply with the following background check
  267  requirements:
  268         1. All owners and operators as defined in subparagraph
  269  (2)(i)1. (2)(h)1. are, before upon employment or engagement to
  270  provide services, subject to level 2 background screening as
  271  provided under chapter 435. The fingerprints for the background
  272  screening must be electronically submitted to the Department of
  273  Law Enforcement and can be taken by an authorized law
  274  enforcement agency or by an employee of the eligible nonprofit
  275  scholarship-funding organization or a private company who is
  276  trained to take fingerprints. However, the complete set of
  277  fingerprints of an owner or operator may not be taken by the
  278  owner or operator. The results of the state and national
  279  criminal history check shall be provided to the Department of
  280  Education for screening under chapter 435. The cost of the
  281  background screening may be borne by the eligible nonprofit
  282  scholarship-funding organization or the owner or operator.
  283         2. Every 5 years following employment or engagement to
  284  provide services or association with an eligible nonprofit
  285  scholarship-funding organization, each owner or operator must
  286  meet level 2 screening standards as described in s. 435.04, at
  287  which time the nonprofit scholarship-funding organization shall
  288  request the Department of Law Enforcement to forward the
  289  fingerprints to the Federal Bureau of Investigation for level 2
  290  screening. If the fingerprints of an owner or operator are not
  291  retained by the Department of Law Enforcement under subparagraph
  292  3., the owner or operator must electronically file a complete
  293  set of fingerprints with the Department of Law Enforcement. Upon
  294  submission of fingerprints for this purpose, the eligible
  295  nonprofit scholarship-funding organization shall request that
  296  the Department of Law Enforcement forward the fingerprints to
  297  the Federal Bureau of Investigation for level 2 screening, and
  298  the fingerprints shall be retained by the Department of Law
  299  Enforcement under subparagraph 3.
  300         3. All Fingerprints submitted to the Department of Law
  301  Enforcement as required by this paragraph must be retained by
  302  the Department of Law Enforcement in a manner approved by rule
  303  and entered in the statewide automated biometric identification
  304  system authorized under by s. 943.05(2)(b). The fingerprints
  305  must thereafter be available for all purposes and uses
  306  authorized for arrest fingerprints entered in the statewide
  307  automated biometric identification system pursuant to s.
  308  943.051.
  309         4. The Department of Law Enforcement shall search all
  310  arrest fingerprints received under s. 943.051 against the
  311  fingerprints retained in the statewide automated biometric
  312  identification system under subparagraph 3. Any arrest record
  313  that is identified with an owner’s or operator’s fingerprints
  314  must be reported to the Department of Education. The Department
  315  of Education shall participate in this search process by paying
  316  an annual fee to the Department of Law Enforcement and by
  317  informing the Department of Law Enforcement of any change in the
  318  employment, engagement, or association status of the owners or
  319  operators whose fingerprints are retained under subparagraph 3.
  320  The Department of Law Enforcement shall adopt a rule setting the
  321  amount of the annual fee to be imposed upon the Department of
  322  Education for performing these services and establishing the
  323  procedures for the retention of owner and operator fingerprints
  324  and the dissemination of search results. The fee may be borne by
  325  the owner or operator of the nonprofit scholarship-funding
  326  organization.
  327         5. A nonprofit scholarship-funding organization whose owner
  328  or operator fails the level 2 background screening is ineligible
  329  shall not be eligible to provide scholarships under this
  330  section.
  331         6. A nonprofit scholarship-funding organization whose owner
  332  or operator in the last 7 years has filed for personal
  333  bankruptcy or corporate bankruptcy in a corporation of which he
  334  or she owned more than 20 percent is shall not be eligible to
  335  provide scholarships under this section.
  336         7. In addition to the offenses listed in s. 435.04, all
  337  persons required to undergo background screening pursuant to
  338  this part or authorizing statutes must not have an arrest
  339  awaiting final disposition for, must not have been found guilty
  340  of, or entered a plea of nolo contendere to, regardless of
  341  adjudication, and must not have been adjudicated delinquent, and
  342  the record must not have been sealed or expunged, for any of the
  343  following offenses or any similar offense of another
  344  jurisdiction:
  345         a. Any authorizing statute, if the offense was a felony.
  346         b. This chapter, if the offense was a felony.
  347         c. Section 409.920, relating to Medicaid provider fraud.
  348         d. Section 409.9201, relating to Medicaid fraud.
  349         e. Section 741.28, relating to domestic violence.
  350         f. Section 817.034, relating to fraudulent acts through
  351  mail, wire, radio, electromagnetic, photoelectronic, or
  352  photooptical systems.
  353         g. Section 817.234, relating to false and fraudulent
  354  insurance claims.
  355         h. Section 817.505, relating to patient brokering.
  356         i. Section 817.568, relating to criminal use of personal
  357  identification information.
  358         j. Section 817.60, relating to obtaining a credit card
  359  through fraudulent means.
  360         k. Section 817.61, relating to fraudulent use of credit
  361  cards, if the offense was a felony.
  362         l. Section 831.01, relating to forgery.
  363         m. Section 831.02, relating to uttering forged instruments.
  364         n. Section 831.07, relating to forging bank bills, checks,
  365  drafts, or promissory notes.
  366         o. Section 831.09, relating to uttering forged bank bills,
  367  checks, drafts, or promissory notes.
  368         p. Section 831.30, relating to fraud in obtaining medicinal
  369  drugs.
  370         q. Section 831.31, relating to the sale, manufacture,
  371  delivery, or possession with the intent to sell, manufacture, or
  372  deliver any counterfeit controlled substance, if the offense was
  373  a felony.
  374         (c) Must not have an owner or operator who owns or operates
  375  an eligible private school that is participating in the
  376  scholarship program or the scholarship program established under
  377  s. 1002.396.
  378         (d) Must provide scholarships, from eligible contributions,
  379  to eligible students for the cost of:
  380         1. Tuition and fees for an eligible private school; or
  381         2. Transportation to a Florida public school that is
  382  located outside the district in which the student resides or to
  383  a lab school as defined in s. 1002.32.
  384         (e) Must give first priority to eligible students who
  385  received a scholarship from an eligible nonprofit scholarship
  386  funding organization or from the State of Florida during the
  387  previous school year. Beginning in the 2016-2017 school year, an
  388  eligible nonprofit scholarship-funding organization must give
  389  priority to new applicants whose household income does not
  390  exceed 185 percent of the federal poverty level or who are in
  391  foster care or out-of-home care.
  392         (f) Must provide a scholarship to an eligible student on a
  393  first-come, first-served basis unless the student qualifies for
  394  priority pursuant to paragraph (e).
  395         (g) May not restrict or reserve scholarships for use at a
  396  particular private school or provide scholarships to a child of
  397  an owner or operator.
  398         (h) Must allow a student in foster care or out-of-home care
  399  to apply for a scholarship at any time.
  400         (i)(h) Must allow an eligible student to attend any
  401  eligible private school and must allow a parent to transfer a
  402  scholarship during a school year to any other eligible private
  403  school of the parent’s choice.
  404         (j)(i)1. May use up to 3 percent of eligible contributions
  405  received during the state fiscal year in which such
  406  contributions are collected for administrative expenses if the
  407  organization has operated under this section for at least 3
  408  state fiscal years and did not have any negative financial
  409  findings in its most recent audit under paragraph (m) (l). Such
  410  administrative expenses must be reasonable and necessary for the
  411  organization’s management and distribution of eligible
  412  contributions under this section. Administrative expenses may
  413  also include professional development to support participating
  414  schools. Up to No more than one-third of the funds authorized
  415  for administrative expenses under this subparagraph may be used
  416  for expenses related to the recruitment of contributions from
  417  taxpayers.
  418         2. Must expend for annual or partial-year scholarships an
  419  amount equal to or greater than 75 percent of the net eligible
  420  contributions remaining after administrative expenses during the
  421  state fiscal year in which such contributions are collected. No
  422  more than 25 percent of such net eligible contributions may be
  423  carried forward to the following state fiscal year. Any amounts
  424  carried forward must shall be expended for annual or partial
  425  year scholarships in the following state fiscal year. Net
  426  eligible contributions remaining on June 30 of each year which
  427  that are in excess of the 25 percent that may be carried forward
  428  must shall be returned to the State Treasury for deposit in the
  429  General Revenue Fund.
  430         3. Must, before granting a scholarship for an academic
  431  year, document each scholarship student’s eligibility for that
  432  academic year. A scholarship-funding organization may not grant
  433  multiyear scholarships in one approval process.
  434         (k)(j) Must maintain separate accounts for scholarship
  435  funds and operating funds.
  436         (l)(k) With the prior approval of the Department of
  437  Education, may transfer funds to another eligible nonprofit
  438  scholarship-funding organization if additional funds are
  439  required to meet scholarship demand at the receiving nonprofit
  440  scholarship-funding organization. A transfer is shall be limited
  441  to the greater of $500,000 or 20 percent of the total
  442  contributions received by the nonprofit scholarship-funding
  443  organization making the transfer. All transferred funds must be
  444  deposited by the receiving nonprofit scholarship-funding
  445  organization into its scholarship accounts. All transferred
  446  amounts received by any nonprofit scholarship-funding
  447  organization must be separately disclosed in the annual
  448  financial and compliance audit required in this section.
  449         (m)(l) Must provide to the Auditor General and the
  450  Department of Education an annual financial and compliance audit
  451  of its accounts and records conducted by an independent
  452  certified public accountant and in accordance with rules adopted
  453  by the Auditor General. The audit must be conducted in
  454  compliance with generally accepted auditing standards and must
  455  include a report on financial statements presented in accordance
  456  with generally accepted accounting principles set forth by the
  457  American Institute of Certified Public Accountants for not-for
  458  profit organizations and a determination of compliance with the
  459  statutory eligibility and expenditure requirements set forth in
  460  this section. Audits must be provided to the Auditor General and
  461  the Department of Education within 180 days after completion of
  462  the eligible nonprofit scholarship-funding organization’s fiscal
  463  year.
  464         (n)(m) Must prepare and submit quarterly reports to the
  465  Department of Education pursuant to paragraph (9)(m). In
  466  addition, An eligible nonprofit scholarship-funding organization
  467  must also submit in a timely manner any information requested by
  468  the Department of Education relating to the scholarship program.
  469         (o)(n)1.a. Must participate in the joint development of
  470  agreed-upon procedures to be performed by an independent
  471  certified public accountant as required under paragraph (8)(e)
  472  if the scholarship-funding organization provided more than
  473  $250,000 in scholarship funds to an eligible private school
  474  under this section during the 2009-2010 state fiscal year. The
  475  agreed-upon procedures must uniformly apply to all private
  476  schools and must determine, at a minimum, whether the private
  477  school has been verified as eligible by the Department of
  478  Education under paragraph (9)(c); has an adequate accounting
  479  system, system of financial controls, and process for deposit
  480  and classification of scholarship funds; and has properly
  481  expended scholarship funds for education-related expenses.
  482  During the development of the procedures, the participating
  483  scholarship-funding organizations shall specify guidelines
  484  governing the materiality of exceptions that may be found during
  485  the accountant’s performance of the procedures. The procedures
  486  and guidelines shall be provided to private schools and the
  487  Commissioner of Education by March 15, 2011.
  488         2.b. Must participate in a joint review of the agreed-upon
  489  procedures and guidelines developed under subparagraph 1. sub
  490  subparagraph a., by February 2013 and biennially thereafter, if
  491  the scholarship-funding organization provided more than $250,000
  492  in scholarship funds to an eligible private school under this
  493  section during the state fiscal year preceding the biennial
  494  review. If the procedures and guidelines are revised, the
  495  revisions must be provided to private schools and the
  496  Commissioner of Education by March 15, 2013, and biennially
  497  thereafter.
  498         3.c. Must monitor the compliance of a private school with
  499  paragraph (8)(e) if the scholarship-funding organization
  500  provided the majority of the scholarship funding to the school.
  501  For each private school subject to paragraph (8)(e), the
  502  appropriate scholarship-funding organization shall annually
  503  notify the Commissioner of Education by October 30, 2011, and
  504  annually thereafter of:
  505         a.(I) A private school’s failure to submit a report
  506  required under paragraph (8)(e); or
  507         b.(II) Any material exceptions set forth in the report
  508  required under paragraph (8)(e).
  509         4.2. Must seek input from the accrediting associations that
  510  are members of the Florida Association of Academic Nonpublic
  511  Schools when jointly developing the agreed-upon procedures and
  512  guidelines under subparagraph 1. sub-subparagraph 1.a. and
  513  conducting a review of those procedures and guidelines under
  514  subparagraph 2 sub-subparagraph 1.b.
  515         (p) Each scholarship funding organization must maintain the
  516  surety bond or letter of credit required by subparagraph
  517  (16)(a)3. and adjust the bond or letter of credit annually to
  518  equal the amount of undisbursed donations as required by the
  519  Department of Education pursuant to paragraph (9)(q).
  520  
  521  Any and all Information and documentation provided to the
  522  Department of Education and the Auditor General relating to the
  523  identity of a taxpayer that provides an eligible contribution
  524  under this section shall remain confidential at all times in
  525  accordance with s. 213.053.
  526         (7) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
  527  PARTICIPATION.—
  528         (g) The parent must authorize the scholarship funding
  529  organization to access information needed for income eligibility
  530  determination and verification held by state or federal
  531  agencies, including the Department of Revenue, Department of
  532  Children and Family Services, Department of Education,
  533  Department of Economic Opportunity, and the Agency for Health
  534  Care Administration.
  535         (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
  536  private school may be sectarian or nonsectarian and must:
  537         (e) Annually contract with an independent certified public
  538  accountant to perform the agreed-upon procedures developed under
  539  paragraph (6)(o) (6)(n) and produce a report of the results if
  540  the private school receives more than $250,000 in funds from
  541  scholarships awarded under this section in the 2010-2011 state
  542  fiscal year or a state fiscal year thereafter. A private school
  543  subject to this paragraph must submit the report by September
  544  15, 2011, and annually thereafter to the scholarship-funding
  545  organization that awarded the majority of the school’s
  546  scholarship funds. The agreed-upon procedures must be conducted
  547  in accordance with attestation standards established by the
  548  American Institute of Certified Public Accountants.
  549  
  550  The inability of a private school to meet the requirements of
  551  this subsection shall constitute a basis for the ineligibility
  552  of the private school to participate in the scholarship program
  553  as determined by the Department of Education.
  554         (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The Department of
  555  Education shall:
  556         (d) Annually verify the eligibility of expenditures as
  557  provided in paragraph (6)(d) using the audit required by
  558  paragraph (6)(m) (6)(l).
  559         (o) Provide a process to match the direct certification
  560  list with the scholarship application data submitted by any
  561  nonprofit scholarship-funding organization eligible to receive
  562  the 3-percent administrative allowance under paragraph (6)(j)
  563  (6)(i).
  564         (q) On an annual basis, require each scholarship funding
  565  organization to adjust surety bond or letter of credit amounts
  566  to equal the amount of undisbursed donations held by that
  567  organization based on the annual audit provided pursuant to
  568  paragraph (6)(m).
  569         (12) SCHOLARSHIP AMOUNT AND PAYMENT.—
  570         (a)1. Except as provided in subparagraph 2., the amount of
  571  a scholarship provided to any student for any single school year
  572  by an eligible nonprofit scholarship-funding organization from
  573  eligible contributions shall be for total costs authorized under
  574  paragraph (6)(d), not to exceed annual limits, which shall be
  575  determined as follows:
  576         1.a. For a scholarship awarded to a student enrolled in an
  577  eligible private school,:
  578         (I) For the 2009-2010 state fiscal year, the limit shall be
  579  $3,950.
  580         (II) For the 2010-2011 state fiscal year, the limit shall
  581  be 60 percent of the unweighted FTE funding amount for that
  582  year.
  583         (III) For the 2011-2012 state fiscal year and thereafter,
  584  the limit shall be determined by multiplying the unweighted FTE
  585  funding amount in that state fiscal year by the percentage used
  586  to determine the limit in the prior state fiscal year. However,
  587  in each state fiscal year that the tax credit cap amount
  588  increases pursuant to s. 1002.397 subparagraph (5)(a)2., the
  589  prior year percentage shall be increased by 4 percentage points
  590  and the increased percentage shall be used to determine the
  591  limit for that state fiscal year. If the percentage so
  592  calculated reaches 84 80 percent in a state fiscal year, no
  593  further increase in the percentage is allowed and the limit
  594  shall be 84 80 percent of the unweighted FTE funding amount for
  595  that state fiscal year and thereafter.
  596         b. For a scholarship awarded to a student enrolled in a
  597  Florida public school that is located outside the district in
  598  which the student resides or in a lab school as defined in s.
  599  1002.32, the limit shall be $500.
  600         2. For the 2014-2015 and 2015-2016 state fiscal years, the
  601  annual limit for a scholarship under sub-subparagraph 1.a. shall
  602  be reduced by:
  603         a. Twenty-five percent if the student’s household income
  604  level is equal to or greater than 200 percent, but less than 215
  605  percent, of the federal poverty level.
  606         b. Fifty percent if the student’s household income level is
  607  equal to or greater than 215 percent, but equal to or less than
  608  230 percent, of the federal poverty level.
  609         3. For the 2016-2017 state fiscal year and thereafter, the
  610  annual limit for a scholarship under sub-subparagraph 1.a. shall
  611  be reduced by:
  612         a. Twelve percent if the student’s household income level
  613  is greater than or equal to 200 percent, but less than 215
  614  percent, of the federal poverty level.
  615         b. Twenty-six percent if the student’s household income
  616  level is greater than or equal to 215 percent, but less than 230
  617  percent, of the federal poverty level.
  618         c. Forty percent if the student’s household income level is
  619  greater than or equal to 230 percent, but less than 245 percent,
  620  of the federal poverty level.
  621         d. Fifty percent if the student’s household income level is
  622  greater than or equal to 245 percent, but less than or equal to
  623  260 percent, of the federal poverty level.
  624         (16) NONPROFIT SCHOLARSHIP-FUNDING ORGANIZATION;
  625  APPLICATION.—In order to participate in the scholarship programs
  626  created by this section or s. 1002.396, a nonprofit scholarship
  627  funding organization must submit an application for initial
  628  approval or renewal to the Office of Independent Education and
  629  Parental Choice by September 1 of each year, before the year the
  630  scholarship funding organization intends to offer scholarships.
  631         (a) An application for initial approval must, at a minimum,
  632  include:
  633         1. A copy of the organization’s incorporation documents and
  634  registration with the Division of Corporations of the Department
  635  of State.
  636         2. A copy of the organization’s IRS Determination Letter as
  637  a s. 501(c)(3) not-for-profit organization.
  638         3. A description of the financial plan that demonstrates
  639  sufficient funds to operate throughout the school year.
  640         4. A copy of a surety bond or letter of credit in an amount
  641  equal to 25 percent of the scholarship funds anticipated for
  642  each school year.
  643         5. A description of the geographic region the organization
  644  intends to serve and an analysis of the demand and unmet need
  645  for eligible students in that area.
  646         6. The organization’s organizational chart.
  647         7. A description of the criteria and methodology that will
  648  be used to evaluate scholarship eligibility.
  649         8. A description of the application process, including
  650  deadlines and any associated fees.
  651         9. A description of the deadlines for attendance
  652  verification and scholarship payments.
  653         10. A copy of the organization’s policies on conflict of
  654  interest and whistleblowers.
  655         (b) In addition to the information required by paragraph
  656  (a), an application for renewal must, at a minimum, include:
  657         1. The organization’s completed IRS Form 990 that must be
  658  submitted by November 30 of the year before the year the
  659  organization intends to offer the scholarships, notwithstanding
  660  the September 1 application deadline.
  661         2. A copy of the statutorily required audit to the
  662  Department of Education and Auditor General.
  663         3. An annual report that includes:
  664         a. The number of students who completed applications, by
  665  county and by grade;
  666         b. The number of students who were approved for
  667  scholarships, by county and by grade;
  668         c. The number of students who received funding for
  669  scholarships within each funding category as defined in sub-sub
  670  subparagraph (12)(a)1.a., by county and by grade;
  671         d. The amount of funds received, the amount of funds
  672  distributed in scholarships, and an accounting of remaining
  673  funds and the obligation of those funds; and
  674         e. A detailed accounting of how the organization spent the
  675  administrative funds allowable under paragraph (6)(j).
  676         (c) In consultation with the Department of Revenue and the
  677  Chief Financial Officer, the Office of Independent Education and
  678  Parental Choice shall review the application. The Department of
  679  Education shall notify the scholarship-funding organization, in
  680  writing, of any deficiencies within 30 days after receipt of the
  681  application, and allow the organization 30 days to correct such
  682  deficiencies, if any.
  683         (d) Within 30 days after receipt of the finalized
  684  application by the Office of Independent Education and Parental
  685  Choice, the Commissioner of Education shall recommend approval
  686  or disapproval to the state board. The state board shall
  687  consider the application and recommendation at the next
  688  scheduled meeting, adhering to appropriate meeting notice
  689  requirements. If the state board disapproves the organization’s
  690  application, it shall provide the organization with a written
  691  explanation of that determination. The state board’s action is
  692  not subject to chapter 120.
  693         (e) If the State Board of Education disapproves the renewal
  694  of a scholarship funding organization, the organization must
  695  notify the affected eligible students and parents of the
  696  decision within 15 calendar days after disapproval. An eligible
  697  student affected by the disapproval of an organization’s
  698  participation remains eligible under this section until the end
  699  of the school year in which the organization was disapproved.
  700  The student must apply and be accepted by another eligible
  701  scholarship-funding organization for the upcoming school year.
  702  Such student shall be given priority in accordance with
  703  paragraph (6)(f).
  704         (f) All remaining funds held by a scholarship-funding
  705  organization that is disapproved for participation shall revert
  706  to the Department of Revenue for redistribution to other
  707  eligible organizations.
  708         (g) A scholarship-funding organization is considered a
  709  renewing organization if it maintains continuous approval and
  710  participation in the program. An organization that chooses not
  711  to participate for 1 year or is disapproved to participate for 1
  712  year must submit an application for initial approval in order to
  713  participate in the program again.
  714         (h) The state board shall adopt rules providing guidelines
  715  for receiving, reviewing, and approving applications for new and
  716  renewing scholarship-funding organizations. The rules must
  717  include a process for compiling input and recommendations from
  718  the Chief Financial Officer, the Department of Revenue, and the
  719  Department of Education. The rules must also require that the
  720  scholarship funding organization make a brief presentation to
  721  assist the state board in its decision.
  722         Section 4. Section 1002.396, Florida Statutes, is created
  723  to read:
  724         1002.396 Florida Sales Tax Credit Scholarship Program.
  725         (1) FINDINGS AND PURPOSE.—
  726         (a) The Legislature finds that:
  727         1. It has the inherent power to determine subjects of
  728  taxation for general or particular public purposes.
  729         2. Expanding educational opportunities and improving the
  730  quality of educational services within the state are valid
  731  public purposes that the Legislature may promote using its
  732  sovereign power to determine subjects of taxation and exemptions
  733  from taxation.
  734         3. Ensuring that all parents regardless of means may
  735  exercise and enjoy their basic right to educate their children
  736  as they see fit is a valid public purpose that the Legislature
  737  may promote using its sovereign power to determine subjects of
  738  taxation and exemptions from taxation.
  739         4. Expanding educational opportunities and the healthy
  740  competition they promote are critical to improving the quality
  741  of education in the state and to ensuring that all children
  742  receive the high-quality education to which they are entitled.
  743         (b) The purpose of this section is to:
  744         1. Enable taxpayers to make private, voluntary
  745  contributions to nonprofit scholarship-funding organizations in
  746  order to promote the general welfare.
  747         2. Provide taxpayers who wish to help parents with limited
  748  resources exercise their basic right to educate their children
  749  as they see fit with a means to do so.
  750         3. Promote the general welfare by expanding educational
  751  opportunities for children of families that have limited
  752  financial resources.
  753         4. Enable children in this state to achieve a greater level
  754  of excellence in their education.
  755         5. Improve the quality of education in this state, both by
  756  expanding educational opportunities for children and by creating
  757  incentives for schools to achieve excellence.
  758         (2) DEFINITIONS.—As used in this section, the term:
  759         (a) “Annual tax credit amount” means, for any state fiscal
  760  year, the sum of the amount of tax credits approved under
  761  paragraph (5)(b).
  762         (b) “Department” means the Department of Revenue.
  763         (c) “Direct certification list” means the certified list of
  764  children who qualify for the food assistance program, the
  765  Temporary Assistance to Needy Families Program, or the Food
  766  Distribution Program on Indian Reservations provided to the
  767  Department of Education by the Department of Children and Family
  768  Services.
  769         (d) “Eligible contribution” means a monetary contribution
  770  from a taxpayer, subject to the restrictions provided in this
  771  section, to an eligible nonprofit scholarship-funding
  772  organization. The taxpayer making the contribution may not
  773  designate a specific child as the beneficiary of the
  774  contribution.
  775         (e) “Eligible nonprofit scholarship-funding organization”
  776  means a charitable organization that:
  777         1. Is exempt from federal income tax pursuant to s.
  778  501(c)(3) of the Internal Revenue Code;
  779         2. Is a Florida entity formed under chapter 607, chapter
  780  608, or chapter 617 and whose principal office is located in the
  781  state; and
  782         3. Complies with the provisions of subsections (6) and
  783  (16).
  784         (f) “Eligible private school” means a private school, as
  785  defined in s. 1002.01, located in this state which offers an
  786  education to students in any grades K-12 and that meets the
  787  requirements of subsection (8).
  788         (g) “Owner or operator” includes:
  789         1. An owner, president, officer, or director of an eligible
  790  nonprofit scholarship-funding organization or a person who has
  791  equivalent decisionmaking authority over an eligible nonprofit
  792  scholarship-funding organization.
  793         2. An owner, operator, superintendent, or principal of an
  794  eligible private school or a person who has equivalent
  795  decisionmaking authority over an eligible private school.
  796         (h) “Tax credit cap amount” means the maximum annual tax
  797  credit amount that the department may approve in a state fiscal
  798  year.
  799         (i) “Unweighted FTE funding amount” means the statewide
  800  average total funds per unweighted full-time equivalent funding
  801  amount which are incorporated by reference in the General
  802  Appropriations Act, or a subsequent special appropriations act,
  803  for the applicable state fiscal year.
  804         (3) PROGRAM; SCHOLARSHIP ELIGIBILITY.—The Florida Sales Tax
  805  Credit Scholarship Program is established.
  806         (a) Contingent upon available funds, a student is eligible
  807  for a tax credit scholarship under this section if the student
  808  meets one or more of the criteria listed in s. 1002.395(3)(b).
  809         (b) A student is not eligible for a scholarship under this
  810  section if he or she satisfies any of the criteria listed in s.
  811  1002.395(4).
  812         (4) SCHOLARSHIP PROHIBITIONS.—A student is not eligible for
  813  a scholarship under this section if he or she satisfies any of
  814  the criteria listed in s. 1002.395(4).
  815         (5) SCHOLARSHIP FUNDING TAX CREDITS; LIMITATIONS.—
  816         (a)The tax credit cap is as provided in s. 1002.397.
  817         (b) A taxpayer may submit an application to the department
  818  for a tax credit or credits under s. 212.1831(2). The taxpayer
  819  shall specify in the application the applicable state fiscal
  820  year for such credits. The department shall approve such tax
  821  credits on a first-come, first-served basis. Within 10 days
  822  after approving an application, the department must provide a
  823  copy of its approval letter to the eligible nonprofit
  824  scholarship-funding organization specified by the taxpayer in
  825  the application.
  826         (c) If a tax credit approved under paragraph (b) is not
  827  fully used within the specified state fiscal year, the unused
  828  amount may be carried forward for up to 5 years. However, a
  829  taxpayer that seeks to carry forward an unused amount of tax
  830  credit must submit an application to the department for approval
  831  of the carryforward tax credit in the year that the taxpayer
  832  intends to use the carryforward.
  833         (d) A taxpayer may not convey, assign, or transfer an
  834  approved tax credit or a carryforward tax credit to another
  835  entity unless all of the assets of the taxpayer are conveyed,
  836  assigned, or transferred in the same transaction. However, a tax
  837  credit granted under this section may be conveyed, transferred,
  838  or assigned between the members of an affiliated group of
  839  corporations. A taxpayer must notify the department of the
  840  intent to convey, transfer, or assign a tax credit to another
  841  member within an affiliated group of corporations. The amount
  842  conveyed, transferred, or assigned is available to another
  843  member of the affiliated group of corporations upon approval by
  844  the department.
  845         (e) Within any state fiscal year, a taxpayer may rescind
  846  all or part of a tax credit approved under paragraph (b). The
  847  amount rescinded becomes available for that state fiscal year to
  848  another eligible taxpayer as approved by the department if the
  849  taxpayer receives notice from the department that the
  850  rescindment has been accepted by the department. Any amount
  851  rescinded under this paragraph becomes available to an eligible
  852  taxpayer on a first-come, first-served basis based on tax credit
  853  applications received after the date the rescindment is accepted
  854  by the department.
  855         (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
  856  ORGANIZATIONS.—Section 1002.395(6) applies to each eligible
  857  nonprofit scholarship-funding organization participating in the
  858  scholarship program established by this section.
  859         (7) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
  860  PARTICIPATION.—Each parent and each student has the same
  861  obligations and responsibilities as imposed by s. 1002.395(7).
  862         (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
  863  private school may be sectarian or nonsectarian and must comply
  864  with all of the requirements imposed by s. 1002.395(8).
  865         (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The Department of
  866  Education shall:
  867         (a) Annually by March 15 submit to the department and
  868  division a list of eligible nonprofit scholarship-funding
  869  organizations.
  870         (b) Annually verify the eligibility of nonprofit
  871  scholarship-funding organizations.
  872         (c) Annually verify the eligibility of private schools that
  873  meet the requirements of s. 1002.395(8).
  874         (d) Annually verify the eligibility of expenditures as
  875  provided in s. 1002.395(6)(d) using an audit as required by s.
  876  1002.395(6)(m).
  877         (e) Establish a toll-free hotline that provides parents and
  878  private schools with information on participation in the
  879  scholarship program.
  880         (f) Establish a process by which individuals may notify the
  881  Department of Education of any violation by a parent, private
  882  school, or school district of state laws relating to program
  883  participation. The Department of Education shall conduct an
  884  inquiry of a written complaint of a violation of this section,
  885  or make a referral to the appropriate agency for an
  886  investigation, if the complaint is signed by the complainant and
  887  is legally sufficient. A complaint is legally sufficient if it
  888  contains ultimate facts that show that a violation of this
  889  section or any rule adopted by the State Board of Education has
  890  occurred. In order to determine legal sufficiency, the
  891  Department of Education may require supporting information or
  892  documentation from the complainant. A department inquiry is not
  893  subject to chapter 120.
  894         (g) Require an annual, notarized, sworn compliance
  895  statement by participating private schools certifying compliance
  896  with state laws and retain such records.
  897         (h) Cross-check the list of participating scholarship
  898  students with the public school enrollment lists to avoid
  899  duplication.
  900         (i) Maintain a list of nationally norm-referenced tests
  901  identified for purposes of satisfying the testing requirement in
  902  s. 1002.395(8)(c)2. The tests must meet industry standards of
  903  quality in accordance with State Board of Education rule.
  904         (j) Select an independent research organization, which may
  905  be a public or private entity or university, to which
  906  participating private schools must report the scores of
  907  participating students on the nationally norm-referenced tests
  908  or the statewide assessments administered by the private school
  909  in grades 3 through 10.
  910         1. The independent research organization must annually
  911  report to the Department of Education on the year-to-year
  912  learning gains of participating students:
  913         a. On a statewide basis. The report must also include, to
  914  the extent possible, a comparison of these learning gains to the
  915  statewide learning gains of public school students with
  916  socioeconomic backgrounds similar to those of students
  917  participating in the scholarship program. To minimize costs and
  918  reduce time required for the independent research organization’s
  919  analysis and evaluation, the Department of Education shall
  920  conduct analyses of matched students from public school
  921  assessment data and calculate control group learning gains using
  922  an agreed-upon methodology outlined in the contract with the
  923  independent research organization; and
  924         b. According to each participating private school in which
  925  there are at least 30 participating students who have scores for
  926  tests administered during or after the 2009-2010 school year for
  927  2 consecutive years at that private school.
  928         2. The sharing and reporting of student learning gain data
  929  under this paragraph must be in accordance with 20 U.S.C. s.
  930  1232g, the Family Educational Rights and Privacy Act, and shall
  931  be for the sole purpose of creating the annual report required
  932  by subparagraph 1. All parties must preserve the confidentiality
  933  of such information as required by law. The annual report must
  934  not disaggregate data to a level that identifies individual
  935  participating schools, except as required under sub-subparagraph
  936  1.b., or disclose the academic level of individual students.
  937         3. The annual report required by subparagraph 1. shall be
  938  published by the Department of Education on its website.
  939         (k) Notify an eligible nonprofit scholarship-funding
  940  organization of any of the organization’s identified students
  941  who are receiving educational scholarships pursuant to this
  942  chapter.
  943         (l) Notify an eligible nonprofit scholarship-funding
  944  organization of any of the organization’s identified students
  945  who are receiving tax credit scholarships from other eligible
  946  nonprofit scholarship-funding organizations.
  947         (m) Require quarterly reports by an eligible nonprofit
  948  scholarship-funding organization regarding the number of
  949  students participating in the scholarship program, the private
  950  schools at which the students are enrolled, and other
  951  information deemed necessary by the Department of Education.
  952         (n)1. Conduct site visits to private schools participating
  953  in the Florida Sales Tax Credit Scholarship Program. The sole
  954  purpose of the site visits is to verify the information reported
  955  by the schools concerning the enrollment and attendance of
  956  students, the credentials and background screening of teachers,
  957  including fingerprinting results. The Department of Education
  958  may not make more than seven site visits each year; however, the
  959  department may make additional site visits at any time to a
  960  school that has received a notice of noncompliance or a notice
  961  of proposed action within the previous 2 years.
  962         2. Annually, by December 15, report to the Governor, the
  963  President of the Senate, and the Speaker of the House of
  964  Representatives the Department of Education’s actions with
  965  respect to implementing accountability in the scholarship
  966  program under this section and s. 1002.421; any substantiated
  967  allegations or violations of law or rule by an eligible private
  968  school under this program concerning the enrollment and
  969  attendance of students, the credentials of teachers, background
  970  screening of teachers, and teachers’ fingerprinting results; and
  971  the corrective action taken by the Department of Education.
  972         (o) Provide a process to match the direct certification
  973  list with the scholarship application data submitted by a
  974  nonprofit scholarship-funding organization eligible to receive
  975  the 3 percent administrative allowance under s. 1002.395(6)(j).
  976         (p) Upon the request of a participating private school,
  977  provide at no cost to the school the statewide assessments
  978  administered under s. 1008.22 and any related materials for
  979  administering the assessments. Students at a private school may
  980  be assessed using the statewide assessments if the addition of
  981  those students and the school does not cause the state to exceed
  982  its contractual caps for the number of students tested and the
  983  number of testing sites. The state shall provide the same
  984  materials and support to a private school that it provides to a
  985  public school. A private school that chooses to administer
  986  statewide assessments under s. 1008.22 shall follow the
  987  requirements set forth in ss. 1008.22 and 1008.24, rules adopted
  988  by the State Board of Education to implement those sections, and
  989  district-level testing policies established by the district
  990  school board.
  991         (q)On an annual basis, require each scholarship funding
  992  organization to adjust surety bond or letter of credit amounts
  993  to equal the amount of undisbursed donations held by that
  994  organization based on the annual audit provided pursuant to s.
  995  1002.395(6)(m).
  996         (10) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—
  997         (a) Upon the request of an eligible nonprofit scholarship
  998  funding organization, a school district shall inform all
  999  households within the district receiving free or reduced-priced
 1000  meals under the National School Lunch Act of their eligibility
 1001  to apply for a tax credit scholarship. The form of such notice
 1002  shall be provided by the eligible nonprofit scholarship-funding
 1003  organization, and the district shall include the provided form,
 1004  if requested by the organization, in any normal correspondence
 1005  with eligible households. If an eligible nonprofit scholarship
 1006  funding organization requests a special communication to be
 1007  issued to households within the district receiving free or
 1008  reduced-price meals under the National School Lunch Act, the
 1009  organization shall reimburse the district for the cost of
 1010  postage. Such notice is limited to once a year.
 1011         (b) Upon the request of the Department of Education, a
 1012  school district shall coordinate with the department to provide
 1013  to a participating private school the statewide assessments
 1014  administered under s. 1008.22 and any related materials for
 1015  administering the assessments. A school district is responsible
 1016  for implementing test administrations at a participating private
 1017  school, including:
 1018         1. The provision of training for private school staff on
 1019  test security and assessment administration procedures;
 1020         2. The distribution of testing materials to a private
 1021  school;
 1022         3. The retrieval of testing materials from a private
 1023  school;
 1024         4. The provision of the required format for a private
 1025  school to submit information to the district for test
 1026  administration and enrollment purposes; and
 1027         5. The provision of any required assistance, monitoring, or
 1028  investigation at a private school.
 1029         (11) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.
 1030  The Commissioner of Education has all the powers and is subject
 1031  to the same limitations as provided under s. 1002.395(11) to
 1032  deny, suspend, or revoke participation in the scholarship
 1033  program established by this section.
 1034         (12) SCHOLARSHIP AMOUNT AND PAYMENT.—
 1035         (a) The amount of a scholarship provided to a student for a
 1036  single school year by an eligible nonprofit scholarship-funding
 1037  organization from eligible contributions shall be for total
 1038  costs authorized under s. 1002.395(6)(d), up to annual limits,
 1039  which shall be determined pursuant to s. 1002.395(12)(a).
 1040         (b) Payment of the scholarship by the eligible nonprofit
 1041  scholarship-funding organization shall be by individual warrant
 1042  made payable to the student’s parent. If the parent chooses that
 1043  his or her child attend an eligible private school, the warrant
 1044  must be delivered by the eligible nonprofit scholarship-funding
 1045  organization to the private school of the parent’s choice and
 1046  the parent shall restrictively endorse the warrant to the
 1047  private school. An eligible nonprofit scholarship-funding
 1048  organization shall ensure that the parent to whom the warrant is
 1049  made restrictively endorse the warrant to the private school for
 1050  deposit into the account of the private school.
 1051         (c) An eligible nonprofit scholarship-funding organization
 1052  shall obtain verification from the private school of a student’s
 1053  continued attendance at the school for each period covered by a
 1054  scholarship payment.
 1055         (d) Payment of the scholarship shall be made by the
 1056  eligible nonprofit scholarship-funding organization at least
 1057  quarterly.
 1058         (13) ADMINISTRATION; RULES.—
 1059         (a) The department and the Department of Education shall
 1060  develop a cooperative agreement to assist in the administration
 1061  of this section.
 1062         (b) The department shall adopt rules necessary to
 1063  administer this section, including rules establishing
 1064  application forms, procedures governing the approval of tax
 1065  credits, and procedures to be followed by taxpayers when
 1066  claiming approved tax credits on their returns.
 1067         (c) The State Board of Education shall adopt rules to
 1068  administer the responsibilities of the Department of Education
 1069  and the Commissioner of Education under this section.
 1070         (14) DEPOSITS OF ELIGIBLE CONTRIBUTIONS.—All eligible
 1071  contributions received by an eligible nonprofit scholarship
 1072  funding organization shall be deposited in a manner consistent
 1073  with s. 17.57(2).
 1074         (15) PRESERVATION OF CREDIT.—If any provision or portion of
 1075  this section or s. 212.1831 or the application thereof to any
 1076  person or circumstance is held unconstitutional by any court or
 1077  is otherwise declared invalid, the unconstitutionality or
 1078  invalidity does not affect any credit earned under s. 212.1831
 1079  by a taxpayer with respect to any contribution paid to an
 1080  eligible nonprofit scholarship-funding organization before the
 1081  date of a determination of unconstitutionality or invalidity.
 1082  Such credit shall be allowed at such time and in such a manner
 1083  as if a determination of unconstitutionality or invalidity had
 1084  not been made if nothing in this subsection by itself or in
 1085  combination with any other provision of law results in the
 1086  allowance of any credit to any taxpayer greater than $1 of
 1087  credit for each dollar paid to an eligible nonprofit
 1088  scholarship-funding organization.
 1089         (16) NONPROFIT SCHOLARSHIP-FUNDING ORGANIZATIONS.-In order
 1090  to participate in the scholarship program created by this
 1091  section, a nonprofit scholarship-funding organization must
 1092  comply with all of the obligations imposed under s.
 1093  1002.395(16).
 1094         Section 5. Section 1002.397, Florida Statutes, is created
 1095  to read:
 1096         1002.397 Scholarship Funding Tax Credit Cap Limits.—The
 1097  Department of Revenue may approve annual tax credit amounts
 1098  under s. 1002.395 or s. 1002.396 until the sum of such approvals
 1099  under both sections combined reaches the following limits:
 1100         (1) Beginning in the 2014-2015 state fiscal year, the limit
 1101  is $390 million.
 1102         (2) In the state fiscal year immediately subsequent to the
 1103  first state fiscal year in which the sum of annual tax credit
 1104  amounts under ss. 1002.395 and 1002.396 is equal to or greater
 1105  than 90 percent of the limit set forth in subsection (1), the
 1106  limit is $475 million.
 1107         (3) In the state fiscal year immediately subsequent to the
 1108  first state fiscal year in which the sum of annual tax credit
 1109  amounts under ss. 1002.395 and 1002.396 is equal to or greater
 1110  than 90 percent of the limit set forth in subsection (2), the
 1111  limit is $590 million.
 1112         (4) In the state fiscal year immediately subsequent to the
 1113  first state fiscal year in which the sum of annual tax credit
 1114  amounts under ss. 1002.395 and 1002.396 is equal to or greater
 1115  than 90 percent of the limit set forth in subsection (3), the
 1116  limit is $730 million.
 1117         (5) In the state fiscal year immediately subsequent to the
 1118  first state fiscal year in which the sum of annual tax credit
 1119  amounts under ss. 1002.395 and 1002.396 is equal to or greater
 1120  than 90 percent of the limit set forth in subsection (4), the
 1121  limit is $873.6 million.
 1122         (6) For each state fiscal year following the fiscal year in
 1123  which the limit in subsection (5) has been reached, the limit is
 1124  the same as the limit in the prior state fiscal year. However,
 1125  for any state fiscal year in which the sum of annual tax credit
 1126  amounts under ss. 1002.395 and 1002.396 is equal to or greater
 1127  than 90 percent of the limit applicable to that state fiscal
 1128  year, the limit increases by 25 percent for the immediately
 1129  subsequent state fiscal year. The Department of Revenue shall
 1130  publish information on its website identifying the limit amount
 1131  when it is increased pursuant to this section.
 1132         Section 6. Subsection (1) of section 1002.421, Florida
 1133  Statutes, is amended to read:
 1134         1002.421 Accountability of private schools participating in
 1135  state school choice scholarship programs.—
 1136         (1) A Florida private school participating in the Florida
 1137  Tax Credit Scholarship Program established pursuant to s.
 1138  1002.395, the Florida Sales Tax Credit Scholarship Program
 1139  established pursuant to s. 1002.396, or an educational
 1140  scholarship program established pursuant to this chapter must
 1141  comply with all requirements of this section in addition to
 1142  private school requirements outlined in s. 1002.42, specific
 1143  requirements identified within respective scholarship program
 1144  laws, and other provisions of state Florida law that apply to
 1145  private schools.
 1146         Section 7. A scholarship funding organization whose
 1147  application for participation in the program established by s.
 1148  1002.395 was approved before July 1, 2014, shall, by August 1,
 1149  2014, provide a copy of a surety bond or letter of credit to the
 1150  Office of Independent Education and Parental Choice and
 1151  thereafter adjust the amount of the surety bond or letter of
 1152  credit as required by the Department of Education in accordance
 1153  with s. 1002.395(9)(q).
 1154         Section 8. The Department of Revenue and Department of
 1155  Education may, and all conditions are deemed met to, adopt
 1156  emergency rules pursuant to ss. 120.536(1) and 120.54, Florida
 1157  Statutes, to administer this act.
 1158         Section 9. This act shall take effect July 1, 2014.