Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. SB 672
       
       
       
       
       
       
                                Ì888100pÎ888100                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 1/AD/2R         .                                
             01/13/2016 10:36 AM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Gaetz moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 544 - 1515
    4  and insert:
    5         1002.385 The Gardiner Scholarship Florida personal learning
    6  scholarship accounts.—
    7         (1) ESTABLISHMENT OF PROGRAM.—The Gardiner Scholarship
    8  Florida Personal Learning Scholarship Accounts Program is
    9  established to provide the option for a parent to better meet
   10  the individual educational needs of his or her eligible child.
   11  All written explanatory materials, state websites, scholarship
   12  organization materials, letters to parents, scholarship
   13  agreements, and any other information describing this program to
   14  the public shall refer to a scholarship under the program as the
   15  “Gardiner Scholarship.”
   16         (2) DEFINITIONS.—As used in this section, the term:
   17         (a) “Approved provider” means a provider approved by the
   18  Agency for Persons with Disabilities, a health care practitioner
   19  as defined in s. 456.001(4), or a provider approved by the
   20  department pursuant to s. 1002.66.
   21         (b) “Curriculum” means a complete course of study for a
   22  particular content area or grade level, including any required
   23  supplemental materials and associated online instruction.
   24         (c) “Department” means the Department of Education.
   25         (d) “Disability” means, for a 3- or 4-year-old child or for
   26  a student in kindergarten to grade 12, autism spectrum disorder,
   27  as defined in the Diagnostic and Statistical Manual of Mental
   28  Disorders, Fifth Edition, published by the American Psychiatric
   29  Association s. 393.063(3); cerebral palsy, as defined in s.
   30  393.063(4); Down syndrome, as defined in s. 393.063(13); an
   31  intellectual disability, as defined in s. 393.063(21); Prader
   32  Willi syndrome, as defined in s. 393.063(25); or spina bifida,
   33  as defined in s. 393.063(36); for a student in kindergarten,
   34  being a high-risk child, as defined in s. 393.063(20)(a);
   35  muscular dystrophy; and Williams syndrome.
   36         (e) “Eligible nonprofit scholarship-funding organization”
   37  or “organization” means a nonprofit scholarship-funding
   38  organization that is approved pursuant to s. 1002.395(16) has
   39  the same meaning as in s. 1002.395.
   40         (f) “Eligible postsecondary educational institution” means
   41  a Florida College System institution;, a state university;, a
   42  school district technical center;, a school district adult
   43  general education center; an independent college or university
   44  that is eligible to participate in the William L. Boyd, IV,
   45  Florida Resident Access Grant Program under s. 1009.89;, or an
   46  accredited independent nonpublic postsecondary educational
   47  institution, as defined in s. 1005.02, which is licensed to
   48  operate in the state pursuant to requirements specified in part
   49  III of chapter 1005.
   50         (g) “Eligible private school” means a private school, as
   51  defined in s. 1002.01, which is located in this state, which
   52  offers an education to students in any grade from kindergarten
   53  to grade 12, and which meets the requirements of:
   54         1. Sections 1002.42 and 1002.421; and
   55         2. A scholarship program under s. 1002.39 or s. 1002.395,
   56  as applicable, if the private school participates in a
   57  scholarship program under s. 1002.39 or s. 1002.395.
   58         (h) “IEP” means individual education plan.
   59         (i) “Parent” means a resident of this state who is a
   60  parent, as defined in s. 1000.21.
   61         (j) “Program” means the Gardiner Scholarship Florida
   62  Personal Learning Scholarship Accounts Program established in
   63  this section.
   64         (3) PROGRAM ELIGIBILITY.—A parent of a student with a
   65  disability may request and receive from the state a Gardiner
   66  Scholarship Florida personal learning scholarship account for
   67  the purposes specified in subsection (5) if:
   68         (a) The student:
   69         1. Is a resident of this state;
   70         2. Is 3 or 4 years of age on or before September 1 of the
   71  year in which the student applies for program participation or
   72  is eligible to enroll in kindergarten through grade 12 in a
   73  public school in this state;
   74         3. Has a disability as defined in paragraph (2)(d); and
   75         4. Is the subject of an IEP written in accordance with
   76  rules of the State Board of Education or has received a
   77  diagnosis of a disability as defined in subsection (2) from a
   78  physician who is licensed under chapter 458 or chapter 459 or a
   79  psychologist who is licensed under chapter 490 in this state.
   80         (b) Beginning January 2015, The parent has applied to an
   81  eligible nonprofit scholarship-funding organization to
   82  participate in the program by February 1 before the school year
   83  in which the student will participate or an alternative date as
   84  set by the organization for any vacant, funded slots. The
   85  request must be communicated directly to the organization in a
   86  manner that creates a written or electronic record of the
   87  request and the date of receipt of the request. In addition to
   88  the application and any documentation required by the
   89  organization or by State Board of Education rule, the parent may
   90  submit a final verification document pursuant to this paragraph
   91  to receive scholarship funds in the student’s account before the
   92  department confirms program eligibility pursuant to paragraph
   93  (9)(e). The final verification document must consist of one of
   94  the following items applicable to the student:
   95         1. A completed withdrawal form from the school district, if
   96  the student was enrolled in a public school before the
   97  determination of program eligibility.
   98         2. A letter of admission or enrollment from an eligible
   99  private school for the fiscal year in which the student wishes
  100  to participate and, if applicable, a copy of the notification
  101  from the private school that the student has withdrawn from the
  102  John M. McKay Scholarships for Students with Disabilities
  103  Program or the Florida Tax Credit Scholarship Program.
  104         3. A copy of the notice of the parent’s intent to establish
  105  and maintain a home education program required by s.
  106  1002.41(1)(a) or the annual educational evaluation of the
  107  student in a home education program, which is required by s.
  108  1002.41(2) The organization shall notify the district and the
  109  department of the parent’s intent upon receipt of the parent’s
  110  request.
  111         (4) PROGRAM PROHIBITIONS.—
  112         (a) A student is not eligible for the program if while he
  113  or she is:
  114         (a)1. Enrolled in a public school, including, but not
  115  limited to, the Florida School for the Deaf and the Blind; the
  116  Florida Virtual School; the College-Preparatory Boarding
  117  Academy; a developmental research school authorized under s.
  118  1002.32; a charter school authorized under s. 1002.33, s.
  119  1002.331, or s. 1002.332; or a virtual education program
  120  authorized under s. 1002.45. For purposes of this paragraph, a
  121  3- or 4-year-old child who receives services funded through the
  122  Florida Education Finance Program is considered to be a student
  123  enrolled in a public school. Funding provided under this section
  124  for a child eligible for enrollment in the Voluntary
  125  Prekindergarten Education Program shall constitute funding for
  126  the child under part V of this chapter, and no additional
  127  funding shall be provided for the child under part V.;
  128         (b)2. Enrolled in a school operating for the purpose of
  129  providing educational services to youth in the Department of
  130  Juvenile Justice commitment programs.;
  131         (c)3. Receiving a scholarship pursuant to the Florida Tax
  132  Credit Scholarship Program under s. 1002.395 or the John M.
  133  McKay Scholarships for Students with Disabilities Program under
  134  s. 1002.39.; or
  135         (d)4. Receiving any other educational scholarship pursuant
  136  to this chapter.
  137         (b) A student is not eligible for the program if:
  138         1. The student or student’s parent has accepted any
  139  payment, refund, or rebate, in any manner, from a provider of
  140  any services received pursuant to subsection (5);
  141         2. The student’s participation in the program has been
  142  denied or revoked by the commissioner of Education pursuant to
  143  subsection (10); or
  144         3. The student’s parent has forfeited participation in the
  145  program for failure to comply with requirements pursuant to
  146  subsection (11).
  147         (5) AUTHORIZED USES OF PROGRAM FUNDS.—Program funds must be
  148  used to meet the individual educational needs of an eligible
  149  student and may be spent for the following purposes:
  150         (a) Instructional materials, including digital devices,
  151  digital periphery devices, and assistive technology devices that
  152  allow a student to access instruction or instructional content
  153  and training on the use of and maintenance agreements for these
  154  devices.
  155         (b) Curriculum as defined in paragraph (2)(b).
  156         (c) Specialized services by approved providers that are
  157  selected by the parent. These specialized services may include,
  158  but are not limited to:
  159         1. Applied behavior analysis services as provided in ss.
  160  627.6686 and 641.31098.
  161         2. Services provided by speech-language pathologists as
  162  defined in s. 468.1125.
  163         3. Occupational therapy services as defined in s. 468.203.
  164         4. Services provided by physical therapists as defined in
  165  s. 486.021.
  166         5. Services provided by listening and spoken language
  167  specialists and an appropriate acoustical environment for a
  168  child who is deaf or hard of hearing and who has received an
  169  implant or assistive hearing device.
  170         (d) Enrollment in, or tuition or fees associated with
  171  enrollment in, a home education program, an eligible private
  172  school, an eligible postsecondary educational institution or a
  173  program offered by the institution, a private tutoring program
  174  authorized under s. 1002.43, a virtual program offered by a
  175  department-approved private online provider that meets the
  176  provider qualifications specified in s. 1002.45(2)(a), the
  177  Florida Virtual School as a private paying student, or an
  178  approved online course offered pursuant to s. 1003.499 or s.
  179  1004.0961.
  180         (e) Fees for nationally standardized, norm-referenced
  181  achievement tests, Advanced Placement Examinations, industry
  182  certification examinations, assessments related to postsecondary
  183  education, or other assessments.
  184         (f) Contributions to the Stanley G. Tate Florida Prepaid
  185  College Program pursuant to s. 1009.98 or the Florida College
  186  Savings Program pursuant to s. 1009.981, for the benefit of the
  187  eligible student.
  188         (g) Contracted services provided by a public school or
  189  school district, including classes. A student who receives
  190  services under a contract under this paragraph is not considered
  191  enrolled in a public school for eligibility purposes as
  192  specified in subsection (4).
  193         (h) Tuition and fees for part-time tutoring services
  194  provided by a person who holds a valid Florida educator’s
  195  certificate pursuant to s. 1012.56; a person who holds an
  196  adjunct teaching certificate pursuant to s. 1012.57; or a person
  197  who has demonstrated a mastery of subject area knowledge
  198  pursuant to s. 1012.56(5). As used in this paragraph, the term
  199  “part-time tutoring services” does not qualify as regular school
  200  attendance as defined in s. 1003.01(13)(e).
  201         (i) Fees for specialized summer education programs.
  202         (j) Fees for specialized after-school education programs.
  203         (k) Transition services provided by job coaches.
  204         (l) Fees for an annual evaluation of educational progress
  205  by a state-certified teacher under s. 1002.41(1)(c), if this
  206  option is chosen for a home education student.
  207         (m) Tuition and fees associated with programs offered by
  208  Voluntary Prekindergarten Education Program providers approved
  209  pursuant to s. 1002.55 and school readiness providers approved
  210  pursuant to s. 1002.88.
  211  
  212  A provider of any services specialized service provider,
  213  eligible private school, eligible postsecondary educational
  214  institution, private tutoring program provider, online or
  215  virtual program provider, public school, school district, or
  216  other entity receiving payments pursuant to this subsection may
  217  not share, refund, or rebate any moneys from the Gardiner
  218  Scholarship Florida personal learning scholarship account with
  219  the parent or participating student in any manner.
  220         (6) TERM OF THE PROGRAM.—For purposes of continuity of
  221  educational choice and program integrity:,
  222         (a)1.The Program payments made by the state to an
  223  organization for a Gardiner Scholarship under this section shall
  224  continue remain in force until:
  225         a. The parent does not renew program eligibility;
  226         b. The organization determines that the student is not
  227  eligible for program renewal;
  228         c. The Commissioner of Education suspends or revokes
  229  program participation or use of funds;
  230         d. The student’s parent has forfeited participation in the
  231  program for failure to comply with subsection (11);
  232         e. The student enrolls in a public school; or
  233         f. The student graduates from high school or attains 22
  234  years of age, whichever occurs first a student participating in
  235  the program participates in any of the prohibited activities
  236  specified in subsection (4), has funds revoked by the
  237  Commissioner of Education pursuant to subsection (10), returns
  238  to a public school, graduates from high school, or attains 22
  239  years of age, whichever occurs first. A participating student
  240  who enrolls in a public school or public school program is
  241  considered to have returned to a public school for the purpose
  242  of determining the end of the program’s term.
  243         2. Reimbursements for program expenditures may continue
  244  until the account balance is expended or the account is closed
  245  pursuant to paragraph (b).
  246         (b)1. A student’s scholarship account must be closed and
  247  any remaining funds, including, but not limited to,
  248  contributions made to the Stanley G. Tate Florida Prepaid
  249  College Program or earnings from or contributions made to the
  250  Florida College Savings Program using program funds pursuant to
  251  paragraph (5)(f), shall revert to the state upon:
  252         a. Denial or revocation of program eligibility by the
  253  commissioner for fraud or abuse, including, but not limited to,
  254  the student or student’s parent accepting any payment, refund,
  255  or rebate, in any manner, from a provider of any services
  256  received pursuant to subsection (5); or
  257         b. After any period of 3 consecutive years after high
  258  school completion or graduation during which the student has not
  259  been enrolled in an eligible postsecondary educational
  260  institution or a program offered by the institution.
  261         2. The commissioner must notify the parent and the
  262  organization when a Gardiner Scholarship account is closed and
  263  program funds revert to the state.
  264         (7) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—
  265         (a)1. The parent of For a student with a disability who
  266  does not have an IEP in accordance with subparagraph (3)(a)4. or
  267  who seeks a reevaluation of an existing IEP may request an IEP
  268  meeting and evaluation from the school district in order to
  269  obtain or revise a matrix of services. The school district shall
  270  notify a parent who has made a request for an IEP that the
  271  district is required to complete the IEP and matrix of services
  272  within 30 days after receiving notice of the parent’s request.
  273  The school district shall conduct a meeting and develop an IEP
  274  and a matrix of services within 30 days after receipt of the
  275  parent’s request in accordance with State Board of Education
  276  rules. a matrix of services under s. 1011.62(1)(e) and for whom
  277  the parent requests a matrix of services, The school district
  278  must complete a matrix that assigns the student to one of the
  279  levels of service as they existed before the 2000-2001 school
  280  year.
  281         2.a. Within 10 school days after a school district receives
  282  notification of a parent’s request for completion of a matrix of
  283  services, the school district must notify the student’s parent
  284  if the matrix of services has not been completed and inform the
  285  parent that the district is required to complete the matrix
  286  within 30 days after receiving notice of the parent’s request
  287  for the matrix of services. This notice must include the
  288  required completion date for the matrix.
  289         b. The school district shall complete the matrix of
  290  services for a student whose parent has made a request. The
  291  school district must provide the student’s parent and the
  292  department with the student’s matrix level within 10 calendar
  293  school days after its completion.
  294         b.c. The department shall notify the parent and the
  295  eligible nonprofit scholarship-funding organization of the
  296  amount of the funds awarded within 10 days after receiving the
  297  school district’s notification of the student’s matrix level.
  298         c.d. A school district may change a matrix of services only
  299  if the change is a result of an IEP reevaluation or to correct a
  300  technical, typographical, or calculation error.
  301         (b) For each student participating in the program who
  302  chooses to participate in statewide, standardized assessments
  303  under s. 1008.22 or the Florida Alternate Assessment, the school
  304  district in which the student resides must notify the student
  305  and his or her parent about the locations and times to take all
  306  statewide, standardized assessments.
  307         (c) For each student participating in the program, a school
  308  district shall notify the parent about the availability of a
  309  reevaluation at least every 3 years.
  310         (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
  311  private school may be sectarian or nonsectarian and shall:
  312         (a) Comply with all requirements for private schools
  313  participating in state school choice scholarship programs
  314  pursuant to s. 1002.421.
  315         (b) Provide to the eligible nonprofit scholarship-funding
  316  organization, upon request, all documentation required for the
  317  student’s participation, including the private school’s and
  318  student’s fee schedules.
  319         (c) Be academically accountable to the parent for meeting
  320  the educational needs of the student by:
  321         1. At a minimum, annually providing to the parent a written
  322  explanation of the student’s progress.
  323         2. Annually administering or making provision for students
  324  participating in the program in grades 3 through 10 to take one
  325  of the nationally norm-referenced tests identified by the
  326  Department of Education or the statewide assessments pursuant to
  327  s. 1008.22. Students with disabilities for whom standardized
  328  testing is not appropriate are exempt from this requirement. A
  329  participating private school shall report a student’s scores to
  330  the parent.
  331         3. Cooperating with the scholarship student whose parent
  332  chooses to have the student participate in the statewide
  333  assessments pursuant to s. 1008.22 or, if a private school
  334  chooses to offer the statewide assessments, administering the
  335  assessments at the school.
  336         a. A participating private school may choose to offer and
  337  administer the statewide assessments to all students who attend
  338  the private school in grades 3 through 10.
  339         b. A participating private school shall submit a request in
  340  writing to the Department of Education by March 1 of each year
  341  in order to administer the statewide assessments in the
  342  subsequent school year.
  343         (d) Employ or contract with teachers who have regular and
  344  direct contact with each student receiving a scholarship under
  345  this section at the school’s physical location.
  346         (e) Annually contract with an independent certified public
  347  accountant to perform the agreed-upon procedures developed under
  348  s. 1002.395(6)(o) s. 1002.395(6)(n) and produce a report of the
  349  results if the private school receives more than $250,000 in
  350  funds from scholarships awarded under this section in the 2014
  351  2015 state fiscal year or a state fiscal year thereafter. A
  352  private school subject to this paragraph must submit the report
  353  by September 15, 2015, and annually thereafter to the
  354  scholarship-funding organization that awarded the majority of
  355  the school’s scholarship funds. The agreed-upon procedures must
  356  be conducted in accordance with attestation standards
  357  established by the American Institute of Certified Public
  358  Accountants.
  359  
  360  The inability of a private school to meet the requirements of
  361  this subsection constitutes a basis for the ineligibility of the
  362  private school to participate in the program as determined by
  363  the commissioner department.
  364         (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
  365  shall:
  366         (a) Maintain on its website a list of approved providers as
  367  required in s. 1002.66, eligible postsecondary educational
  368  institutions, eligible private schools, and organizations and
  369  may identify or provide links to lists of other approved
  370  providers.
  371         (b) Require each eligible nonprofit scholarship-funding
  372  organization to verify eligible expenditures before the
  373  distribution of funds for any expenditures made pursuant to
  374  paragraphs (5)(a) and (b). Review of expenditures made for
  375  services specified in paragraphs (5)(c)-(m) (5)(c)-(g) may be
  376  completed after the purchase is payment has been made.
  377         (c) Investigate any written complaint of a violation of
  378  this section by a parent, a student, a private school, a public
  379  school or a school district, an organization, a provider, or
  380  another appropriate party in accordance with the process
  381  established by s. 1002.395(9)(f).
  382         (d) Require quarterly reports by an eligible nonprofit
  383  scholarship-funding organization, which must, at a minimum,
  384  include regarding the number of students participating in the
  385  program; the demographics of program participants; the
  386  disability category of program participants; the matrix level of
  387  services, if known; the program award amount per student; the
  388  total expenditures for the purposes specified in subsection
  389  (5);, the types of providers of services to students;, and any
  390  other information deemed necessary by the department.
  391         (e) Compare the list of students participating in the
  392  program with the public school student enrollment lists,
  393  Voluntary Prekindergarten Education Program enrollment lists,
  394  and the list of students participating in school choice
  395  scholarship programs established pursuant to this chapter before
  396  each scholarship award is provided to the organization, and
  397  subsequently throughout the school year, each program payment to
  398  avoid duplicate payments and confirm program eligibility. A
  399  parent who files a final verification pursuant to paragraph
  400  (3)(b) shall receive scholarship funds before the department
  401  confirms program eligibility.
  402         (10) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.—
  403         (a) The Commissioner of Education:
  404         1. Shall deny, suspend, or revoke a student’s participation
  405  in the program if the health, safety, or welfare of the student
  406  is threatened or fraud is suspected.
  407         2. Shall deny, suspend, or revoke an authorized use of
  408  program funds if the health, safety, or welfare of the student
  409  is threatened or fraud is suspected.
  410         3. May deny, suspend, or revoke an authorized use of
  411  program funds for material failure to comply with this section
  412  and applicable department rules if the noncompliance is
  413  correctable within a reasonable period of time. Otherwise, the
  414  commissioner shall deny, suspend, or revoke an authorized use
  415  for failure to materially comply with the law and rules adopted
  416  under this section.
  417         4. Shall require compliance by the appropriate party by a
  418  date certain for all nonmaterial failures to comply with this
  419  section and applicable department rules. The commissioner May
  420  deny, suspend, or revoke program participation or use of program
  421  funds by the student or participation or eligibility of an
  422  organization, eligible private school, eligible postsecondary
  423  educational institution, approved provider, or other party for a
  424  violation of this section.
  425         2. May determine the length of, and conditions for lifting,
  426  a suspension or revocation specified in this subsection.
  427         3. May recover unexpended program funds or withhold payment
  428  of an equal amount of program funds to recover program funds
  429  that were not authorized for use.
  430         4. Shall deny or terminate program participation upon a
  431  parent’s forfeiture of a Gardiner Scholarship pursuant to
  432  subsection (11) under this section thereafter.
  433         (b) In determining whether to deny, suspend, or revoke
  434  participation or lift a suspension or revocation in accordance
  435  with this subsection, the commissioner may consider factors that
  436  include, but are not limited to, acts or omissions that by a
  437  participating entity which led to a previous suspension denial
  438  or revocation of participation in a state or federal program or
  439  an education scholarship program; failure to reimburse the
  440  eligible nonprofit scholarship-funding organization for program
  441  funds improperly received or retained by the entity; failure to
  442  reimburse government funds improperly received or retained;
  443  imposition of a prior criminal sanction related to the person or
  444  entity or its officers or employees; imposition of a civil fine
  445  or administrative fine, license revocation or suspension, or
  446  program eligibility suspension, termination, or revocation
  447  related to a person’s or an entity’s management or operation; or
  448  other types of criminal proceedings in which the person or
  449  entity or its officers or employees were found guilty of,
  450  regardless of adjudication, or entered a plea of nolo contendere
  451  or guilty to, any offense involving fraud, deceit, dishonesty,
  452  or moral turpitude.
  453         (11) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
  454  PARTICIPATION.—A parent who applies for program participation
  455  under this section is exercising his or her parental option to
  456  determine the appropriate placement or the services that best
  457  meet the needs of his or her child. The scholarship award for a
  458  student is based on a matrix that assigns the student to support
  459  Level III services. If a parent receives chooses to request and
  460  receive an IEP and a matrix of services from the school district
  461  pursuant to subsection (7), the amount of the payment shall be
  462  adjusted as needed, when the school district completes the
  463  matrix.
  464         (a) To satisfy or maintain program eligibility, including
  465  eligibility to receive and spend program payments enroll an
  466  eligible student in the program, the parent must sign an
  467  agreement with the eligible nonprofit scholarship-funding
  468  organization and annually submit a notarized, sworn compliance
  469  statement to the organization to:
  470         1. Affirm that the student is enrolled in a program that
  471  meets regular school attendance requirements as provided in s.
  472  1003.01(13)(b)-(d).
  473         2. Affirm that Use the program funds are used only for
  474  authorized purposes serving the student’s educational needs, as
  475  described in subsection (5).
  476         3. Affirm that the parent is responsible for the education
  477  of his or her student by, as applicable: takes all appropriate
  478  standardized assessments as specified in this section.
  479         a. Requiring the student to If the parent enrolls the child
  480  in an eligible private school, the student must take an
  481  assessment in accordance with paragraph (8)(c); selected by the
  482  private school pursuant to s. 1002.395(7)(e).
  483         b. Providing an If the parent enrolls the child in a home
  484  education program, the parent may choose to participate in an
  485  assessment as part of the annual evaluation in accordance with
  486  provided for in s. 1002.41(1)(c); or.
  487         c. Requiring the child to take any pre- and post
  488  assessments selected by the provider if the child is 4 years of
  489  age and is enrolled in a program provided by an eligible
  490  Voluntary Prekindergarten Education Program provider. A student
  491  with disabilities for whom a pre- and post-assessment is not
  492  appropriate is exempt from this requirement. A participating
  493  provider shall report a student’s scores to the parent.
  494         4. Notify the school district that the student is
  495  participating in the Personal Learning Scholarship Accounts if
  496  the parent chooses to enroll in a home education program as
  497  provided in s. 1002.41.
  498         5. Request participation in the program by the date
  499  established by the eligible nonprofit scholarship-funding
  500  organization.
  501         4.6. Affirm that the student remains in good standing with
  502  the provider or school if those options are selected by the
  503  parent.
  504         7. Apply for admission of his or her child if the private
  505  school option is selected by the parent.
  506         8. Annually renew participation in the program.
  507  Notwithstanding any changes to the student’s IEP, a student who
  508  was previously eligible for participation in the program shall
  509  remain eligible to apply for renewal as provided in subsection
  510  (6).
  511         9. Affirm that the parent will not transfer any college
  512  savings funds to another beneficiary.
  513         10. Affirm that the parent will not take possession of any
  514  funding provided by the state for the Florida Personal Learning
  515  Scholarship Accounts.
  516         11. Maintain a portfolio of records and materials which
  517  must be preserved by the parent for 2 years and be made
  518  available for inspection by the district school superintendent
  519  or the superintendent’s designee upon 15 days’ written notice.
  520  This paragraph does not require the superintendent to inspect
  521  the portfolio. The portfolio of records and materials must
  522  consist of:
  523         a. A log of educational instruction and services which is
  524  made contemporaneously with delivery of the instruction and
  525  services and which designates by title any reading materials
  526  used; and
  527         b. Samples of any writings, worksheets, workbooks, or
  528  creative materials used or developed by the student.
  529         (b) The parent must file an application for initial program
  530  participation with an organization by the dates established
  531  pursuant to this section.
  532         (c) The parent must notify the school district that the
  533  student is participating in the Gardiner Scholarship Program if
  534  the parent chooses to enroll the student in a home education
  535  program as provided in s. 1002.41. This notification is not in
  536  lieu of the required notification a parent must submit to the
  537  district when establishing a home education program pursuant to
  538  s. 1002.41(1)(a).
  539         (d) The parent must enroll his or her child in a program
  540  from a Voluntary Prekindergarten Education Program provider
  541  authorized under s. 1002.55, a school readiness provider
  542  authorized under s. 1002.88, or an eligible private school if
  543  either option is selected by the parent.
  544         (e) The parent must annually renew participation in the
  545  program. Notwithstanding any changes to the student’s IEP, a
  546  student who was previously eligible for participation in the
  547  program shall remain eligible to apply for renewal. However, for
  548  a high-risk child to continue to participate in the program in
  549  the school year after he or she reaches 6 years of age, the
  550  child’s application for renewal of program participation must
  551  contain documentation that the child has a disability defined in
  552  paragraph (2)(d) other than high-risk status.
  553         (f)(b) The parent is responsible for procuring the services
  554  necessary to educate the student. When the student receives a
  555  Gardiner Scholarship personal learning scholarship account, the
  556  district school board is not obligated to provide the student
  557  with a free appropriate public education. For purposes of s.
  558  1003.57 and the Individuals with Disabilities in Education Act,
  559  a participating student has only those rights that apply to all
  560  other unilaterally parentally placed students, except that, when
  561  requested by the parent, school district personnel must develop
  562  an individual education plan or matrix level of services.
  563         (g)(c) The parent is responsible for the payment of all
  564  eligible expenses in excess of the amount of the Gardiner
  565  Scholarship personal learning scholarship account in accordance
  566  with the terms agreed to between the parent and the providers.
  567         (h) The parent may not transfer any prepaid college plan or
  568  college savings plan funds contributed pursuant to paragraph
  569  (5)(f) to another beneficiary while the plan contains funds
  570  contributed pursuant to this section.
  571         (i) The parent may not receive a payment, refund, or rebate
  572  from an approved provider of any services under this program.
  573  
  574  A parent who fails to comply with this subsection forfeits the
  575  Gardiner Scholarship personal learning scholarship account.
  576         (12) OBLIGATIONS OF SCHOLARSHIP-FUNDING ORGANIZATIONS
  577  ADMINISTRATION OF PERSONAL LEARNING SCHOLARSHIP ACCOUNTS.—An
  578  eligible nonprofit scholarship-funding organization
  579  participating in the Florida Tax Credit Scholarship Program
  580  established under s. 1002.395 may establish Gardiner
  581  Scholarships personal learning scholarship accounts for eligible
  582  students by:
  583         (a) Receiving applications and determining student
  584  eligibility in accordance with the requirements of this section.
  585  The organization shall notify the department of the applicants
  586  for the program by March 1 before the school year in which the
  587  student intends to participate. When an application is approved
  588  received, the scholarship funding organization must provide the
  589  department with information on the student to enable the
  590  department to determine report the student for funding in
  591  accordance with subsection (13).
  592         (b) Notifying parents of their receipt of a scholarship on
  593  a first-come, first-served basis, based upon the funds provided
  594  for this program in the General Appropriations Act.
  595         (c) Establishing a date pursuant to paragraph (3)(b) by
  596  which a parent must confirm initial or continuing participation
  597  in the program and confirm the establishment or continuance of a
  598  personal learning scholarship account.
  599         (d) Reviewing applications and awarding scholarship funds
  600  to approved applicants using the following priorities:
  601         1. Renewing students from the previous school year;
  602         2. Students retained on the previous school year’s wait
  603  list;
  604         3. Newly approved applicants; and
  605         4. Late-filed applicants.
  606  
  607  An approved student who does not receive a scholarship must be
  608  placed on the wait list in the order in which his or her
  609  application is approved. The Establishing a date and process by
  610  which students on the wait list or subsequent late-filing
  611  applicants may be allowed to participate in the program during
  612  the fiscal school year, within the amount of funds provided for
  613  this program in the General Appropriations Act. A student who
  614  does not receive a scholarship within the fiscal year shall be
  615  retained on the wait list for the subsequent year.
  616         (e) Establishing and maintaining separate accounts for each
  617  eligible student. For each account, the organization must
  618  maintain a record of accrued interest that is retained in the
  619  student’s account and available only for authorized program
  620  expenditures.
  621         (f) Verifying qualifying educational expenditures pursuant
  622  to the requirements of paragraph (9)(b) (8)(b).
  623         (g) Returning any remaining program unused funds to the
  624  department pursuant to paragraph (6)(b) when the student is no
  625  longer eligible for a personal scholarship learning account.
  626         (h) Notifying the parent about the availability of, and the
  627  requirements associated with, requesting an initial IEP or IEP
  628  reevaluation every 3 years for each student participating in the
  629  program.
  630         (i) Notifying the department of any violation of this
  631  section.
  632         (j) Documenting each scholarship student’s eligibility for
  633  a fiscal year before granting a scholarship for that fiscal year
  634  pursuant to paragraph (3)(b).
  635         (13) FUNDING AND PAYMENT.—
  636         (a)1. The maximum funding amount granted for an eligible
  637  student with a disability, pursuant to subsection (3), shall be
  638  equivalent to the base student allocation in the Florida
  639  Education Finance Program multiplied by the appropriate cost
  640  factor for the educational program which would have been
  641  provided for the student in the district school to which he or
  642  she would have been assigned, multiplied by the district cost
  643  differential.
  644         2. In addition, an amount equivalent to a share of the
  645  guaranteed allocation for exceptional students in the Florida
  646  Education Finance Program shall be determined and added to the
  647  amount in subparagraph 1. The calculation shall be based on the
  648  methodology and the data used to calculate the guaranteed
  649  allocation for exceptional students for each district in chapter
  650  2000-166, Laws of Florida. Except as provided in subparagraph
  651  3., the calculation shall be based on the student’s grade, the
  652  matrix level of services, and the difference between the 2000
  653  2001 basic program and the appropriate level of services cost
  654  factor, multiplied by the 2000-2001 base student allocation and
  655  the 2000-2001 district cost differential for the sending
  656  district. The calculated amount must also include an amount
  657  equivalent to the per-student share of supplemental academic
  658  instruction funds, instructional materials funds, technology
  659  funds, and other categorical funds as provided in the General
  660  Appropriations Act.
  661         3. Except as otherwise provided in subsection (7), the
  662  calculation for all students participating in the program shall
  663  be based on the matrix that assigns the student to support Level
  664  III of services. If a parent chooses to request and receive a
  665  matrix of services from the school district, when the school
  666  district completes the matrix, the amount of the payment shall
  667  be adjusted as needed.
  668         (b) The amount of the awarded funds shall be 90 percent of
  669  the calculated amount. One hundred percent of the funds
  670  appropriated for the program shall be released to the department
  671  at the beginning of the first quarter of each fiscal year.
  672         (c) Upon notification from the organization that a parent
  673  has filed a final verification document pursuant to paragraph
  674  (3)(b) or upon notification from the organization that a 3- or
  675  4-year-old child’s application has been approved for the
  676  program, the department shall release the student’s scholarship
  677  funds to the organization to be deposited into the student’s
  678  account an eligible student’s graduation from an eligible
  679  postsecondary educational institution or after any period of 4
  680  consecutive years after high school graduation in which the
  681  student is not enrolled in an eligible postsecondary educational
  682  institution, the student’s personal learning scholarship account
  683  shall be closed, and any remaining funds shall revert to the
  684  state.
  685         (d)For initial eligibility for the program, students
  686  determined eligible by the organization for a Gardiner
  687  Scholarship by:
  688         1. September 1 shall receive 100 percent of the total
  689  awarded funds.
  690         2. November 1 shall receive 75 percent of the total awarded
  691  funds.
  692         3. February 1 shall receive 50 percent of the total awarded
  693  funds.
  694         4. April 1 shall receive 25 percent of the total awarded
  695  funds.
  696         (e) Accrued interest in the student’s account is in
  697  addition to, and not part of, the awarded funds. Program funds
  698  include both the awarded funds and accrued interest.
  699         (f)(d) The eligible nonprofit scholarship-funding
  700  organization may shall develop a system for payment of benefits
  701  by electronic funds transfer, including, but not limited to,
  702  debit cards, electronic payment cards, or any other means of
  703  electronic payment that the department deems to be commercially
  704  viable or cost-effective. A student’s scholarship award may not
  705  be reduced for debit card or electronic payment fees.
  706  Commodities or services related to the development of such a
  707  system shall be procured by competitive solicitation unless they
  708  are purchased from a state term contract pursuant to s. 287.056.
  709         (g) In addition to funds appropriated for scholarship
  710  awards and subject to a separate, specific legislative
  711  appropriation, an organization may receive an amount equivalent
  712  to not more than 3 percent of the amount of each scholarship
  713  award from state funds for administrative expenses if the
  714  organization has operated as a nonprofit entity for at least the
  715  preceding 3 fiscal years and did not have any findings of
  716  material weakness or material noncompliance in its most recent
  717  audit under s. 1002.395(6)(m). Such administrative expenses must
  718  be reasonable and necessary for the organization’s management
  719  and distribution of scholarships under this section. Funds
  720  authorized under this paragraph may not be used for lobbying or
  721  political activity or expenses related to lobbying or political
  722  activity. An organization may not charge an application fee for
  723  a scholarship. Administrative expenses may not be deducted from
  724  funds appropriated for scholarship awards.
  725         (h)(e) Moneys received pursuant to this section do not
  726  constitute taxable income to the qualified student or parent of
  727  the qualified student.
  728         (14) OBLIGATIONS OF THE AUDITOR GENERAL.—
  729         (a) The Auditor General shall conduct an annual financial
  730  and operational audit of accounts and records of each eligible
  731  scholarship-funding organization that participates in the
  732  program. As part of this audit, the Auditor General shall
  733  verify, at a minimum, the total amount of students served and
  734  the eligibility of reimbursements made by the each eligible
  735  nonprofit scholarship-funding organization and transmit that
  736  information to the department. The Auditor General shall provide
  737  the commissioner with a copy of each annual operational audit
  738  performed pursuant to this subsection within 10 days after the
  739  audit is finalized.
  740         (b) The Auditor General shall notify the department of any
  741  eligible nonprofit scholarship-funding organization that fails
  742  to comply with a request for information.
  743         (15) OBLIGATIONS RELATED TO APPROVED PROVIDERS.—The
  744  Department of Health, the Agency for Persons with Disabilities,
  745  and the Department of Education shall work with an eligible
  746  nonprofit scholarship-funding organization for easy or automated
  747  access to lists of licensed providers of services specified in
  748  paragraph (5)(c) to ensure efficient administration of the
  749  program.
  750         (16) LIABILITY.—The state is not liable for the award or
  751  any use of awarded funds under this section.
  752         (17) SCOPE OF AUTHORITY.—This section does not expand the
  753  regulatory authority of this state, its officers, or any school
  754  district to impose additional regulation on participating
  755  private schools, independent nonpublic postsecondary educational
  756  institutions, and private providers beyond those reasonably
  757  necessary to enforce requirements expressly set forth in this
  758  section.
  759         (18) RULES.—The State Board of Education shall adopt rules
  760  pursuant to ss. 120.536(1) and 120.54 to administer this
  761  section.
  762         (19) IMPLEMENTATION SCHEDULE FOR THE 2014-2015 SCHOOL
  763  YEAR.—Notwithstanding the provisions of this section related to
  764  notification and eligibility timelines, an eligible nonprofit
  765  scholarship-funding organization may enroll parents on a rolling
  766  schedule on a first-come, first-served basis, within the amount
  767  of funds provided in the General Appropriations Act.
  768         Section 6. Paragraph (j) of subsection (6) and paragraphs
  769  (a), (b), and (f) of subsection (16) of section 1002.395,
  770  Florida Statutes, are amended to read:
  771         1002.395 Florida Tax Credit Scholarship Program.—
  772         (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
  773  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
  774  organization:
  775         (j)1. May use up to 3 percent of eligible contributions
  776  received during the state fiscal year in which such
  777  contributions are collected for administrative expenses if the
  778  organization has operated as an eligible nonprofit scholarship
  779  funding organization under this section for at least the
  780  preceding 3 state fiscal years and did not have any negative
  781  financial findings of material weakness or material
  782  noncompliance in its most recent audit under paragraph (m). Such
  783  administrative expenses must be reasonable and necessary for the
  784  organization’s management and distribution of eligible
  785  contributions under this section. No funds authorized under this
  786  subparagraph shall be used for lobbying or political activity or
  787  expenses related to lobbying or political activity. Up to one
  788  third of the funds authorized for administrative expenses under
  789  this subparagraph may be used for expenses related to the
  790  recruitment of contributions from taxpayers. If An eligible
  791  nonprofit scholarship-funding organization may not charge
  792  charges an application fee for a scholarship, the application
  793  fee must be immediately refunded to the person that paid the fee
  794  if the student is not enrolled in a participating school within
  795  12 months.
  796         2. Must expend for annual or partial-year scholarships an
  797  amount equal to or greater than 75 percent of the net eligible
  798  contributions remaining after administrative expenses during the
  799  state fiscal year in which such contributions are collected. No
  800  more than 25 percent of such net eligible contributions may be
  801  carried forward to the following state fiscal year. All amounts
  802  carried forward, for audit purposes, must be specifically
  803  identified for particular students, by student name and the name
  804  of the school to which the student is admitted, subject to the
  805  requirements of ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g,
  806  and the applicable rules and regulations issued pursuant
  807  thereto. Any amounts carried forward shall be expended for
  808  annual or partial-year scholarships in the following state
  809  fiscal year. Net eligible contributions remaining on June 30 of
  810  each year that are in excess of the 25 percent that may be
  811  carried forward shall be transferred to other eligible nonprofit
  812  scholarship-funding organizations to provide scholarships for
  813  eligible students. All transferred funds must be deposited by
  814  each eligible nonprofit scholarship-funding organization
  815  receiving such funds into its scholarship account. All
  816  transferred amounts received by any eligible nonprofit
  817  scholarship-funding organization must be separately disclosed in
  818  the annual financial audit required under paragraph (m) returned
  819  to the State Treasury for deposit in the General Revenue Fund.
  820         3. Must, before granting a scholarship for an academic
  821  year, document each scholarship student’s eligibility for that
  822  academic year. A scholarship-funding organization may not grant
  823  multiyear scholarships in one approval process.
  824  
  825  Information and documentation provided to the Department of
  826  Education and the Auditor General relating to the identity of a
  827  taxpayer that provides an eligible contribution under this
  828  section shall remain confidential at all times in accordance
  829  with s. 213.053.
  830         (16) NONPROFIT SCHOLARSHIP-FUNDING ORGANIZATIONS;
  831  APPLICATION.—In order to participate in the scholarship program
  832  created under this section, a charitable organization that seeks
  833  to be a nonprofit scholarship-funding organization must submit
  834  an application for initial approval or renewal to the Office of
  835  Independent Education and Parental Choice no later than
  836  September 1 of each year before the school year for which the
  837  organization intends to offer scholarships.
  838         (a) An application for initial approval must include:
  839         1. A copy of the organization’s incorporation documents and
  840  registration with the Division of Corporations of the Department
  841  of State.
  842         2. A copy of the organization’s Internal Revenue Service
  843  determination letter as a s. 501(c)(3) not-for-profit
  844  organization.
  845         3. A description of the organization’s financial plan that
  846  demonstrates sufficient funds to operate throughout the school
  847  year.
  848         4. A description of the geographic region that the
  849  organization intends to serve and an analysis of the demand and
  850  unmet need for eligible students in that area.
  851         5. The organization’s organizational chart.
  852         6. A description of the criteria and methodology that the
  853  organization will use to evaluate scholarship eligibility.
  854         7. A description of the application process, including
  855  deadlines and any associated fees.
  856         8. A description of the deadlines for attendance
  857  verification and scholarship payments.
  858         9. A copy of the organization’s policies on conflict of
  859  interest and whistleblowers.
  860         10. A copy of a surety bond or letter of credit to secure
  861  the faithful performance of the obligations of the eligible
  862  nonprofit scholarship-funding organization in accordance with
  863  this section in an amount equal to 25 percent of the scholarship
  864  funds anticipated for each school year or $100,000, whichever is
  865  greater. The surety bond or letter of credit must specify that
  866  any claim against the bond or letter of credit may be made only
  867  by an eligible nonprofit scholarship-funding organization to
  868  provide scholarships to and on behalf of students who would have
  869  had scholarships funded if it were not for the diversion of
  870  funds giving rise to the claim against the bond or letter of
  871  credit.
  872         (b) In addition to the information required by
  873  subparagraphs (a)1.-9., an application for renewal must include:
  874         1. A surety bond or letter of credit to secure the faithful
  875  performance of the obligations of the eligible nonprofit
  876  scholarship-funding organization in accordance with this section
  877  equal to the amount of undisbursed donations held by the
  878  organization based on the annual report submitted pursuant to
  879  paragraph (6)(m). The amount of the surety bond or letter of
  880  credit must be at least $100,000, but not more than $25 million.
  881  The surety bond or letter of credit must specify that any claim
  882  against the bond or letter of credit may be made only by an
  883  eligible nonprofit scholarship-funding organization to provide
  884  scholarships to and on behalf of students who would have had
  885  scholarships funded if it were not for the diversion of funds
  886  giving rise to the claim against the bond or letter of credit.
  887         2. The organization’s completed Internal Revenue Service
  888  Form 990 submitted no later than November 30 of the year before
  889  the school year that the organization intends to offer the
  890  scholarships, notwithstanding the September 1 application
  891  deadline.
  892         3. A copy of the statutorily required audit to the
  893  Department of Education and Auditor General.
  894         4. An annual report that includes:
  895         a. The number of students who completed applications, by
  896  county and by grade.
  897         b. The number of students who were approved for
  898  scholarships, by county and by grade.
  899         c. The number of students who received funding for
  900  scholarships within each funding category, by county and by
  901  grade.
  902         d. The amount of funds received, the amount of funds
  903  distributed in scholarships, and an accounting of remaining
  904  funds and the obligation of those funds.
  905         e. A detailed accounting of how the organization spent the
  906  administrative funds allowable under paragraph (6)(j).
  907         (f) All remaining funds held by a nonprofit scholarship
  908  funding organization that is disapproved for participation must
  909  be transferred revert to the Department of Revenue for
  910  redistribution to other eligible nonprofit scholarship-funding
  911  organizations to provide scholarships for eligible students. All
  912  transferred funds must be deposited by each eligible nonprofit
  913  scholarship-funding organization receiving such funds into its
  914  scholarship account. All transferred amounts received by any
  915  eligible nonprofit scholarship-funding organization must be
  916  separately disclosed in the annual financial audit required
  917  under subsection (6).
  918         Section 7. Paragraph (aa) is added to subsection (4) of
  919  section 1009.971, Florida Statutes, to read:
  920         1009.971 Florida Prepaid College Board.—
  921         (4) FLORIDA PREPAID COLLEGE BOARD; POWERS AND DUTIES.—The
  922  board shall have the powers and duties necessary or proper to
  923  carry out the provisions of ss. 1009.97-1009.988, including, but
  924  not limited to, the power and duty to:
  925         (aa) Adopt rules relating to the purchase and use of a
  926  prepaid college plan authorized under s. 1009.98 or a college
  927  savings plan authorized under s. 1009.981 for the Gardiner
  928  Scholarship Program pursuant to s. 1002.385, which may include,
  929  but need not be limited to:
  930         1. The use of such funds for postsecondary education
  931  programs for students with disabilities;
  932         2. Effective procedures that allow program funds to be used
  933  in conjunction with other funds used by a parent in the purchase
  934  of a prepaid college plan or a college savings plan;
  935         3. The tracking and accounting of program funds separately
  936  from other funds contributed to a prepaid college plan or a
  937  college savings plan;
  938         4. The reversion of program funds, including, but not
  939  limited to, earnings from contributions to the Florida College
  940  Savings Plan;
  941         5. The use of program funds only after private payments
  942  have been used for prepaid college plan or college savings plan
  943  expenditures;
  944         6. Contracting with each eligible nonprofit scholarship
  945  funding organization to establish mechanisms to implement s.
  946  1002.385, including, but not limited to, identifying the source
  947  of funds being deposited in the plans; and
  948         7. The development of a written agreement that defines the
  949  owner and beneficiary of an account and outlines
  950  responsibilities for the use of the advance payment contract
  951  funds or savings program funds.
  952         Section 8. Subsection (11) is added to section 1009.98,
  953  Florida Statutes, to read:
  954         1009.98 Stanley G. Tate Florida Prepaid College Program.—
  955         (11) IMPLEMENTATION PROCEDURES.—
  956         (a) A prepaid college plan may be purchased, accounted for,
  957  used, and terminated as provided in s. 1002.385.
  958         (b) A qualified beneficiary may apply the benefits of an
  959  advance payment contract toward the program fees of a program
  960  designed for students with disabilities conducted by a state
  961  postsecondary institution. A transfer authorized under this
  962  subsection may not exceed the redemption value of the advance
  963  payment contract at a state postsecondary institution or the
  964  number of semester credit hours contracted on behalf of a
  965  qualified beneficiary. A qualified beneficiary may not be
  966  changed while a prepaid college plan contains funds contributed
  967  under s. 1002.385.
  968         Section 9. Subsection (10) is added to section 1009.981,
  969  Florida Statutes, to read:
  970         1009.981 Florida College Savings Program.—
  971         (10) IMPLEMENTATION PROCEDURES.—
  972         (a) A college savings plan may be purchased, accounted for,
  973  used, and terminated as provided in s. 1002.385.
  974         (b) A designated beneficiary may apply the benefits of a
  975  participation agreement toward the program fees of a program
  976  designed for students with disabilities conducted by a state
  977  postsecondary institution. A designated beneficiary may not be
  978  changed while a college savings plan contains funds contributed
  979  under s. 1002.385.
  980         Section 10. For the 2016-2017 fiscal year:
  981         (1) The sum of $71.2 million in recurring funds from the
  982  General Revenue Fund is appropriated to the Department of
  983  Education for scholarship awards under the Gardiner Scholarship
  984  Program. In addition to the funds
  985  
  986  ================= T I T L E  A M E N D M E N T ================
  987  And the title is amended as follows:
  988         Delete lines 60 - 104
  989  and insert:
  990         payments; amending s. 1002.385, F.S.; changing the
  991         name of the “Florida Personal Learning Scholarship
  992         Account Program” to the “Gardiner Scholarship
  993         Program”; revising terms for purposes of the Gardiner
  994         Scholarship Program; revising program eligibility
  995         criteria and program prohibitions for such
  996         scholarships; authorizing a parent to submit a
  997         specified document to receive scholarship funds before
  998         confirmed eligibility; requiring that authorized
  999         program funds be used to support the student’s
 1000         educational needs; authorizing program funds to be
 1001         spent for specified fees and services; revising the
 1002         terms of the program; providing for the reversion of
 1003         certain funds to the state; revising the obligations
 1004         of school districts, parents, and the Department of
 1005         Education with respect to the program; revising the
 1006         authority of the Commissioner of Education to deny,
 1007         suspend, or revoke certain program participation and
 1008         use of program funds; specifying maximum periods for
 1009         certain suspensions and revocations; authorizing the
 1010         commissioner to recover program funds through certain
 1011         means; revising information that must be provided for
 1012         the program by scholarship-funding organizations and
 1013         parents of applicants; specifying priority for
 1014         participation in the program; revising funding and
 1015         payment provisions for the program; requiring the
 1016         Auditor General to provide the commissioner with
 1017         program annual operational audits by a specified time;
 1018         amending s. 1002.395, F.S.; prohibiting a scholarship
 1019         funding organization from charging an application fee;
 1020         deleting a requirement that certain fees be returned
 1021         to the General Revenue Fund; providing for the
 1022         transfer of contributions in excess of the amount that
 1023         may be carried forward; revising the surety bond or
 1024         letter of credit requirements for nonprofit
 1025         scholarship-funding organizations submitting initial
 1026         or renewal scholarship program participation
 1027         applications; providing for the deposit of certain
 1028         transferred funds by certain scholarship-funding
 1029         organizations; requiring that certain deposited funds
 1030         be separately disclosed; amending s. 1009.971, F.S.;
 1031         revising the duties of the Florida Prepaid College
 1032         Board; amending ss. 1009.98 and 1009.981, F.S.;
 1033         providing implementation procedures for the Stanley G.
 1034         Tate Florida Prepaid College Program and the Florida
 1035         College Savings Program relating to plans purchased
 1036         through the Gardiner Scholarship