Amendment
Bill No. 7145
Amendment No. 697743
CHAMBER ACTION
Senate House
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1Representative(s) Pickens offered the following:
2
3     Amendment to Senate Amendment (911178) (with title
4amendment)
5     On page 2, line 12, through page 11, line 16, remove all of
6said lines and insert:
7     2.  Incentives for outstanding faculty and staff to
8transfer to these schools;
9     3. Equipment and supplies;
10     4.  Technology infrastructure, hardware, or software;
11     5.  Incentives to encourage parental or other family
12participation; and
13     6.  Mentoring and other community participation.
14     (b)  The program must include a suggested order of priority
15and timeline for enacting, funding, and implementing policies
16and practices over a 5-year period. The program shall identify
17those elements of the program which can be accomplished within
18existing statutory authority and those elements that will
19require new statutory authority. The program must include
20specific recommendations for action by the Legislature.
21     (3)(a)  To assist in development and implementation of the
22program required by this section, the commissioner shall create
23an advisory committee comprised of at least two teachers, two
24staff persons, and two parents of students from one or more
25schools that are failing to make adequate progress based on the
26school performance grading categories, as well as any other
27individuals the commissioner deems appropriate.
28     (b)  In developing and implementing the program, the
29commissioner shall consult with:
30     1.   The Office of Program Policy Analysis and Government
31Accountability; and
32     2.  The district community assessment teams assigned under
33s. 1008.345.
34     (4)  The advisory committee shall annually notify the
35parents of students in failing schools who qualify for free or
36reduced-price lunches under the National School Lunch Act of the
37availability of scholarships under s. 220.187. Such notice shall
38be provided in sufficient time to allow the parent to apply and
39have his or her child approved for a scholarship.
40     (5)  The program shall be developed in coordination with,
41and shall be consistent with, other strategic planning
42initiatives of the Department of Education or the State Board of
43Education.
44     (6)  The commissioner shall report annually to the
45Governor, the President of the Senate, and the Speaker of the
46House of Representatives on implementation of the program.
47     Section 2.  Section 220.187, Florida Statutes, is amended
48to read:
49     220.187  Credits for contributions to nonprofit
50scholarship-funding organizations; families that have limited
51financial resources.--
52     (1)  FINDINGS AND PURPOSE.--
53     (a)  The Legislature finds that:
54     1.  It has the inherent power to determine subjects of
55taxation for general or particular public purposes.
56     2.  Expanding educational opportunities and improving the
57quality of educational services within the state are valid
58public purposes that the Legislature may promote using its
59sovereign power to determine subjects of taxation and exemptions
60from taxation.
61     3.  Ensuring that all parents, regardless of means, may
62exercise and enjoy their basic right to educate their children
63as they see fit is a valid public purpose that the Legislature
64may promote using its sovereign power to determine subjects of
65taxation and exemptions from taxation.
66     4.  The existence of programs that provide expanded
67educational opportunities in this state has not been shown to
68reduce funding to or otherwise harm public schools within the
69state, and, to the contrary, per-student funding in public
70schools has risen each year since the first inception of those
71programs in 1999.
72     5.  Expanded educational opportunities and the healthy
73competition they promote are critical to improving the quality
74of education in the state and to ensuring that all children
75receive the high-quality education to which they are entitled.
76     (b)  The purpose of this section is to:
77     1.(a)  Enable taxpayers to make Encourage private,
78voluntary contributions to nonprofit scholarship-funding
79organizations in order to promote the general welfare.
80     2.(b)  Promote the general welfare by expanding Expand
81educational opportunities for children of families that have
82limited financial resources.
83     3.(c)  Enable children in this state to achieve a greater
84level of excellence in their education.
85     4.  Provide taxpayers who wish to help parents who have
86limited resources exercise their basic right to educate their
87children as they see fit with a means to do so.
88     5.  Improve the quality of education in this state, both by
89expanding educational opportunities for children and by creating
90incentives for schools to achieve excellence.
91     (2)  DEFINITIONS.--As used in this section, the term:
92     (a)  "Department" means the Department of Revenue.
93     (b)  "Eligible contribution" means a monetary contribution
94from a taxpayer, subject to the restrictions provided in this
95section, to an eligible nonprofit scholarship-funding
96organization. The taxpayer making the contribution may not
97designate a specific child as the beneficiary of the
98contribution.
99     (c)  "Eligible nonprofit scholarship-funding organization"
100means a charitable organization that:
101     1.  Is exempt from federal income tax pursuant to s.
102501(c)(3) of the Internal Revenue Code;
103     2.  Is a Florida entity formed under chapter 607, chapter
104608, or chapter 617 and whose principal office is located in the
105state; and
106     3.  Complies with the provisions of subsection (6).
107     (d)  "Eligible private school" means a private school, as
108defined in s. 1002.01(2), located in Florida which offers an
109education to students in any grades K-12 and that meets the
110requirements in subsection (8).
111     (e)  "Owner or operator" includes:
112     1.  An owner, president, officer, or director of an
113eligible nonprofit scholarship-funding organization or a person
114with equivalent decisionmaking authority over an eligible
115nonprofit scholarship-funding organization.
116     2.  An owner, operator, superintendent, or principal of an
117eligible private school or a person with equivalent
118decisionmaking authority over an eligible private school.
119     (3)  PROGRAM; SCHOLARSHIP ELIGIBILITY.--The Corporate
120Income Tax Credit Scholarship Program is established. A student
121is eligible for a corporate income tax credit scholarship if the
122student qualifies for free or reduced-price school lunches under
123the National School Lunch Act and:
124     (a)  Was counted as a full-time equivalent student during
125the previous state fiscal year for purposes of state per-student
126funding;
127     (b)  Received a scholarship from an eligible nonprofit
128scholarship-funding organization or from the State of Florida
129during the previous school year; or
130     (c)  Is eligible to enter kindergarten or first grade.
131
132Contingent upon available funds, a student may continue in the
133scholarship program as long as the student's family income level
134does not exceed 200 percent of the federal poverty level. A
135sibling of a student who is continuing in the program and
136resides in the same household as the student shall also be
137eligible as a first-time corporate income tax credit scholarship
138recipient as long as the student's and sibling's family income
139level does not exceed 200 percent of the federal poverty level.
140     (4)  SCHOLARSHIP PROHIBITIONS.--A student is not eligible
141for a scholarship while he or she is:
142     (a)  Enrolled in a school operating for the purpose of
143providing educational services to youth in Department of
144Juvenile Justice commitment programs;
145     (b)  Receiving a scholarship from another eligible
146nonprofit scholarship-funding organization under this section;
147     (c)  Receiving an educational scholarship pursuant to
148chapter 1002;
149     (d)  Participating in a home education program as defined
150in s. 1002.01(1);
151     (e)  Participating in a private tutoring program pursuant
152to s. 1002.43;
153     (f)  Participating in a virtual school, correspondence
154school, or distance learning program that receives state funding
155pursuant to the student's participation unless the participation
156is limited to no more than two courses per school year; or
157     (g)  Enrolled in the Florida School for the Deaf and the
158Blind.
159     (5)  AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX
160CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.--
161     (a)  There is allowed a credit of 100 percent of an
162eligible contribution against any tax due for a taxable year
163under this chapter. However, such a credit may not exceed 75
164percent of the tax due under this chapter for the taxable year,
165after the application of any other allowable credits by the
166taxpayer. The credit granted by this section shall be reduced by
167the difference between the amount of federal corporate income
168tax taking into account the credit granted by this section and
169the amount of federal corporate income tax without application
170of the credit granted by this section.
171     (b)  The total amount of tax credits and carryforward of
172tax credits which may be granted each state fiscal year under
173this section is $88 million. At least 1 percent of the total
174statewide amount authorized for the tax credit shall be reserved
175for taxpayers who meet the definition of a small business
176provided in s. 288.703(1) at the time of application.
177     (c)  A taxpayer who files a Florida consolidated return as
178a member of an affiliated group pursuant to s. 220.131(1) may be
179allowed the credit on a consolidated return basis; however, the
180total credit taken by the affiliated group is subject to the
181limitation established under paragraph (a).
182     (d)  Effective for tax years beginning January 1, 2006, a
183taxpayer may rescind all or part of its allocated tax credit
184under this section. The amount rescinded shall become available
185for purposes of the cap for that state fiscal year under this
186section to an eligible taxpayer as approved by the department if
187the taxpayer receives notice from the department that the
188rescindment has been accepted by the department and the taxpayer
189has not previously rescinded any or all of its tax credit
190allocation under this section more than once in the previous 3
191tax years. Any amount rescinded under this paragraph shall
192become available to an eligible taxpayer on a first-come, first-
193served basis based on tax credit applications received after the
194date the rescindment is accepted by the department.
195     (6)  OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
196ORGANIZATIONS.--An eligible nonprofit scholarship-funding
197organization:
198     (a)  Must comply with the antidiscrimination provisions of
19942 U.S.C. s. 2000d.
200     (b)  Must comply with the following background check
201requirements:
202     1.  All owners and operators as defined in subparagraph
203(2)(e)1. are, upon employment or engagement to provide services,
204subject to level 2 background screening as provided under
205chapter 435. The fingerprints for the background screening must
206be electronically submitted to the Department of Law Enforcement
207and can be taken by an authorized law enforcement agency or by
208an employee of the eligible nonprofit scholarship-funding
209organization or a private company who is trained to take
210fingerprints. However, the complete set of fingerprints of an
211owner or operator may not be taken by the owner or operator. The
212results of the state and national criminal history check shall
213be provided to the Department of Education for screening under
214chapter 435. The cost of the background screening may be borne
215by the eligible nonprofit scholarship-funding organization or
216the owner or operator.
217     2.  Every 5 years following employment or engagement to
218provide services or association with an eligible nonprofit
219scholarship-funding organization, each owner or operator must
220meet level 2 screening standards as described in s. 435.04, at
221which time the nonprofit scholarship-funding organization shall
222request the Department of Law Enforcement to forward the
223fingerprints to the Federal Bureau of Investigation for level 2
224screening. If the fingerprints of an owner or operator are not
225retained by the Department of Law Enforcement under subparagraph
2263., the owner or operator must electronically file a complete
227set of fingerprints with the Department of Law Enforcement. Upon
228submission of fingerprints for this purpose, the eligible
229nonprofit scholarship-funding organization shall request that
230the Department of Law Enforcement forward the fingerprints to
231the Federal Bureau of Investigation for level 2 screening, and
232the fingerprints shall be retained by the Department of Law
233Enforcement under subparagraph 3.
234     3.  Beginning July 1, 2007, all fingerprints submitted to
235the Department of Law Enforcement as required by this paragraph
236must be retained by the Department of Law Enforcement in a
237manner approved by rule and entered in the statewide automated
238fingerprint identification system authorized by s. 943.05(2)(b).
239The fingerprints must thereafter be available for all purposes
240and uses authorized for arrest fingerprint cards entered in the
241statewide automated fingerprint identification system pursuant
242to s. 943.051.
243     4.  Beginning July 1, 2007, the Department of Law
244Enforcement shall search all arrest fingerprint cards received
245under s. 943.051 against the fingerprints retained in the
246statewide automated fingerprint identification system under
247subparagraph 3. Any arrest record that is identified with an
248owner's or operator's fingerprints must be reported to the
249Department of Education. The Department of Education shall
250participate in this search process by paying an annual fee to
251the Department of Law Enforcement and by informing the
252Department of Law Enforcement of any change in the employment,
253engagement, or association status of the owners or operators
254whose fingerprints are retained under subparagraph 3. The
255Department of Law Enforcement shall adopt a rule setting the
256amount of the annual fee to be imposed upon the Department of
257Education for performing these services and establishing the
258procedures for the retention of owner and operator fingerprints
259and the dissemination of search results. The fee may be borne by
260the owner or operator of the nonprofit scholarship-funding
261organization.
262     5.  A nonprofit scholarship-funding organization whose
263owner or operator fails the level 2 background screening shall
264not be eligible to provide scholarships under this section.
265     6.  A nonprofit scholarship-funding organization whose
266owner or operator in the last 7 years has filed for personal
267bankruptcy or corporate bankruptcy in a corporation of which he
268or she owned more than 20 percent shall not be eligible to
269provide scholarships under this section.
270     (c)  Must not have an owner or operator who owns or
271operates an eligible private school that is participating in the
272scholarship program.
273     (d)  Must provide scholarships, from eligible
274contributions, to eligible students for:
275     1.  Tuition, or textbook expenses, or registration fees
276for, or transportation to, an eligible private school. The
277amount of the scholarship shall be the maximum allowed by law or
278the amount of the private school's textbook expenses and
279published tuition and registration fees, whichever is less; At
280least 75 percent of the scholarship funding must be used to pay
281tuition expenses; or
282     2.  Transportation expenses to a Florida public school that
283is located outside the district in which the student resides or
284to a lab school as defined in s. 1002.32.
285     (e)  Must give priority to eligible students who received a
286scholarship from an eligible nonprofit scholarship-funding
287organization or from the State of Florida during the previous
288school year.
289
290======= T I T L E  A M E N D M E N T =========
291     On page 45, lines 1-14, remove all of said lines and
292insert:
293specified entities; requiring the committee to annually notify
294specified parents of specified scholarship availability;
295requiring an annual report; amending s. 220.187, F.S.; providing
296legislative findings; revising program purposes; providing for
297eligibility of siblings of certain students; revising provisions
298relating to authorized uses of scholarship funds and expenditure
299of contributions received during the fiscal year; revising
300scholarship amounts and payments;


CODING: Words stricken are deletions; words underlined are additions.