Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2380
                        Barcode 080702
                            CHAMBER ACTION
              Senate                               House
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       04/11/2007 09:50 AM         .                    
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11  The Committee on Education Pre-K - 12 (Wise) recommended the
12  following amendment:
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14         Senate Amendment 
15         On page 32, line 31,
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17  insert:  (h)  An eligible nonprofit scholarship-funding
18  organization must comply with the following background check
19  requirements:
20         1.  All owners and operators as defined in subparagraph
21  (2)(e)1. are, upon employment or engagement to provide
22  services, subject to level 2 background screening as provided
23  under chapter 435. The fingerprints for the background
24  screening must be electronically submitted to the Department
25  of Law Enforcement and can be taken by an authorized law
26  enforcement agency or by an employee of the eligible nonprofit
27  scholarship-funding organization or a private company who is
28  trained to take fingerprints. However, the complete set of
29  fingerprints of an owner or operator may not be taken by  the
30  owner or operator. The results of the state and national
31  criminal history check shall be provided to the Department of
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2380 Barcode 080702 1 Education for screening under chapter 435. The cost of the 2 background screening may be borne by the eligible nonprofit 3 scholarship-funding organization or the owner or operator. 4 2. Every 5 years following employment or engagement to 5 provide services or association with an eligible nonprofit 6 scholarship-funding organization, each owner or operator must 7 meet level 2 screening standards as described in s. 435.04, at 8 which time the nonprofit scholarship-funding organization 9 shall request the Department of Law Enforcement to forward the 10 fingerprints to the Federal Bureau of Investigation for level 11 2 screening. If the fingerprints of an owner or operator are 12 not retained by the Department of Law Enforcement under 13 subparagraph 3., the owner or operator must electronically 14 file a complete set of fingerprints with the Department of Law 15 Enforcement. Upon submission of fingerprints for this purpose, 16 the eligible nonprofit scholarship-funding organization shall 17 request that the Department of Law Enforcement forward the 18 fingerprints to the Federal Bureau of Investigation for level 19 2 screening, and the fingerprints shall be retained by the 20 Department of Law Enforcement under subparagraph 3. 21 3. Beginning July 1, 2008, all fingerprints submitted 22 to the Department of Law Enforcement as required by this 23 paragraph must be retained by the Department of Law 24 Enforcement in a manner approved by rule and entered in the 25 statewide automated fingerprint identification system 26 authorized by s. 943.05(2)(b). The fingerprints must 27 thereafter be available for all purposes and uses authorized 28 for arrest fingerprint cards entered in the statewide 29 automated fingerprint identification system pursuant to 30 s.943.051. 31 4. Beginning July 1, 2008, the Department of Law 2 1:28 PM 04/10/07 s2380b-ed05-tm7
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2380 Barcode 080702 1 Enforcement shall search all arrest fingerprint cards received 2 under s. 943.051 against the fingerprints retained in the 3 statewide automated fingerprint identification system under 4 subparagraph 3. Any arrest record that is identified with an 5 owner's or operator's fingerprints must be reported to the 6 Department of Education. The Department of Education shall 7 participate in this search process by paying an annual fee to 8 the Department of Law Enforcement and by informing the 9 Department of Law Enforcement of any change in the employment, 10 engagement, or association status of the owners or operators 11 whose fingerprints are retained under subparagraph 3. The 12 Department of Law Enforcement shall adopt a rule setting the 13 amount of the annual fee to be imposed upon the Department of 14 Education for performing these services and establishing the 15 procedures for the retention of owner and operator 16 fingerprints and the dissemination of search results. The fee 17 may be borne by the owner or operator of the nonprofit 18 scholarship-funding organization. 19 5. A nonprofit scholarship-funding organization whose 20 owner or operator fails the level 2 background screening shall 21 not be eligible to provide scholarships under this section. 22 6. A nonprofit scholarship-funding organization whose 23 owner or operator in the last 7 years has filed for personal 24 bankruptcy or corporate bankruptcy in a corporation of which 25 he or she owned more than 20 percent is not eligible to 26 provide scholarships under this section. 27 (i) An eligible nonprofit scholarship-funding 28 organization must not have an owner or operator who owns or 29 operates an eligible private school that is participating in 30 the scholarship program. 31 (j) An eligible nonprofit scholarship-funding 3 1:28 PM 04/10/07 s2380b-ed05-tm7
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2380 Barcode 080702 1 organization may not restrict or reserve scholarships for use 2 at a particular private school or provide scholarships to a 3 child of an owner or operator. 4 (k) An eligible nonprofit scholarship-funding 5 organization must: 6 1. Comply with the antidiscrimination provisions of 42 7 U.S.C. s. 2000d. 8 2. Maintain separate accounts for scholarship funds 9 and operating funds. 10 3. Provide to the Auditor General and the Department 11 of Education an annual financial and compliance audit of its 12 accounts and records conducted by an independent certified 13 public accountant and in accordance with rules adopted by the 14 Auditor General. The audit must be conducted in compliance 15 with generally accepted auditing standards and must include a 16 report on financial statements presented in accordance with 17 generally accepted accounting principles set forth by the 18 American Institute of Certified Public Accountants for 19 not-for-profit organizations and a determination of compliance 20 with the statutory eligibility and expenditure requirements 21 set forth in this section. Audits must be provided to the 22 Auditor General and the Department of Education within 180 23 days after completion of the eligible nonprofit 24 scholarship-funding organization's fiscal year. 25 4. Prepare and submit quarterly reports to the 26 Department of Education pursuant to paragraph (9)(m). In 27 addition, an eligible nonprofit scholarship-funding 28 organization must submit in a timely manner any information 29 requested by the Department of Education relating to the 30 scholarship program. 31 4 1:28 PM 04/10/07 s2380b-ed05-tm7
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2380 Barcode 080702 1 Any and all information and documentation provided to the 2 Department of Education and the Auditor General relating to 3 the identity of a taxpayer that provides an eligible 4 contribution under this section shall remain confidential at 5 all times in accordance with s. 213.053. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 1:28 PM 04/10/07 s2380b-ed05-tm7