Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1172
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Education (Galvano) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 1002.40, Florida Statutes, is created to
    6  read:
    7         1002.40The Hope Scholarship Program.—
    8         (1)PURPOSE.—The Hope Scholarship Program is established to
    9  provide the parent of a public school student who was the victim
   10  of a substantiated incident of violence or abuse, as listed in
   11  subsection (3), an opportunity to transfer the student to
   12  another public school or to request and receive from the state a
   13  scholarship for the student to enroll in and attend an eligible
   14  private school.
   15         (2)DEFINITIONS.—As used in this section, the term:
   16         (a)“Department” means the Department of Education.
   17         (b)“Eligible contribution” or “contribution” means a
   18  monetary contribution from a person required to pay sales and
   19  use tax on the purchase or acquisition of a motor vehicle,
   20  subject to the restrictions provided in this section, to an
   21  eligible nonprofit scholarship-funding organization. The
   22  taxpayer making the contribution may not designate a specific
   23  student as the beneficiary of the contribution.
   24         (c)“Eligible nonprofit scholarship-funding organization”
   25  or “organization” has the same meaning as provided in s.
   26  1002.395(2)(f), as determined by the department.
   27         (d)“Eligible private school” has the same meaning as
   28  provided in s. 1002.395(2)(g), as determined by the department.
   29         (e)“Motor vehicle” has the same meaning as provided in s.
   30  320.01(1)(a), but does not include heavy trucks, truck tractors,
   31  trailers, and motorcycles.
   32         (f)“Parent” means a resident of this state who is a
   33  parent, as defined in s. 1000.21, and whose public school
   34  student was the victim of a reported incident, as listed in
   35  subsection (3).
   36         (g)“Program” means the Hope Scholarship Program.
   37         (h)“School” includes any educational program or activity
   38  conducted by a public K-12 educational institution, any school
   39  related or school-sponsored program or activity, and riding on a
   40  school bus, as defined in s. 1006.25(1), including waiting at a
   41  school bus stop.
   42         (i)“Unweighted FTE funding amount” means the statewide
   43  average total funds per unweighted full-time equivalent funding
   44  amount that is incorporated by reference in the General
   45  Appropriations Act for the applicable state fiscal year.
   46         (3)PROGRAM ELIGIBILITY.—Beginning with the 2018-2019
   47  school year, contingent upon available funds, and on a first
   48  come, first-served basis, a student enrolled full time in a
   49  Florida public school in kindergarten through grade 12 is
   50  eligible for a scholarship under this program if all of the
   51  following conditions are met:
   52         (a) The student is the victim of a substantiated incident
   53  of battery; harassment; hazing; bullying; kidnapping; physical
   54  attack; robbery; sexual offenses, harassment, assault, or
   55  battery; threat or intimidation; or fighting at school.
   56         (b) The incident is formally reported by the victim or the
   57  victim’s parent to the principal.
   58         (c) Through an investigation, the principal finds that the
   59  incident is substantiated.
   60         (d) The principal’s investigation remains open or the
   61  district’s resolution of issues related to the incident remain
   62  unresolved after timely notification, deliberative evaluation,
   63  and 30 days of responsible and appropriate action taken in
   64  accordance with paragraph (5)(a).
   65         (4)PROGRAM PROHIBITIONS.—Payment of a scholarship may not
   66  be made if a student is:
   67         (a)Enrolled in a public school, including, but not limited
   68  to, the Florida School for the Deaf and the Blind; the College
   69  Preparatory Boarding Academy; the Florida Virtual School; a
   70  developmental research school authorized under s. 1002.32; or a
   71  charter school authorized under s. 1002.33, s. 1002.331, s.
   72  1002.332, or s. 1002.333;
   73         (b)Enrolled in a school operating for the purpose of
   74  providing educational services to youth in the Department of
   75  Juvenile Justice commitment programs;
   76         (c)Participating in a virtual school, correspondence
   77  school, or distance learning program that receives state funding
   78  pursuant to the student’s participation unless the participation
   79  is limited to no more than two courses per school year;
   80         (d)Receiving any other educational scholarship pursuant to
   81  this chapter; or
   82         (e) Participating in a home education program, as defined
   83  in s. 1002.01.
   85         (a)1.Within 24 hours after receipt of a formal report of
   86  an incident listed in subsection (3)(a), the principal shall
   87  provide a copy of the report to the victim’s parent and the
   88  alleged offender’s parent. The report must include a statement
   89  of the expected investigative actions and the timeline for
   90  reporting the outcome of the investigation. Within 24 hours
   91  after receipt of the formal report, the principal must also
   92  provide the superintendent with a copy of the report and
   93  verification that the parents of the victim and the alleged
   94  offender have been provided a copy of the incident report and
   95  other required information.
   96         2. In accordance with s. 1006.09, the principal must
   97  investigate the incident to determine if the incident is
   98  substantiated or unsubstantiated, and if the incident must be
   99  reported. The principal may, at his or her discretion, determine
  100  the extent to which each student was engaged in instigating,
  101  initiating, or reacting to a physical altercation, and may
  102  consider such information when evaluating and determining
  103  appropriate disciplinary actions and investigation outcomes.
  104         3. During the investigation period, the principal and the
  105  superintendent shall take all necessary actions to continue the
  106  educational services of students involved in the reported
  107  incident while taking every reasonable precaution to keep the
  108  alleged offender separated from the victim or any sibling of the
  109  victim while on school grounds or on school transportation,
  110  pursuant to ss. 1006.09, 1006.13, and 1006.147, as appropriate.
  111         4. Upon the principal’s determination that an alleged
  112  incident is unsubstantiated or the resolution of issues related
  113  to a substantiated incident or within 15 days after the incident
  114  was reported, whichever occurs first, the principal must report
  115  to the victim’s parent and the alleged offender’s parent the
  116  findings, outcome, or status of the investigation. The principal
  117  shall continue to provide such reports to the parents at least
  118  every 15 days until the investigation concludes and issues
  119  associated with the incident are resolved.
  120         5. If the principal’s investigation into the incident
  121  remains open more than 30 days after the date a substantiated
  122  incident was reported or issues associated with the incident
  123  remain unresolved the school district, in accordance with the
  124  school district’s code of student conduct, shall notify the
  125  victim’s parent of the availability of the program and offer
  126  that parent an opportunity to enroll his or her student in
  127  another public school or to request and receive a scholarship to
  128  attend an eligible private school, subject to available funding.
  129         6. To facilitate timely, appropriate, and fiscally
  130  accountable scholarship payments, school districts must report
  131  and verify student enrollment information during and outside of
  132  regular FTE student enrollment survey periods, as requested by
  133  the department pursuant to paragraph (7)(d).
  134         (b)1.A parent who, pursuant to s. 1002.31, chooses to
  135  enroll his or her student in a Florida public school located
  136  outside the district in which the student resides shall be
  137  eligible for a scholarship under paragraph (11)(b) to transport
  138  the student.
  139         2.For each student participating in the program in a
  140  private school who chooses to participate in the statewide
  141  assessments under s. 1008.22 or the Florida Alternate
  142  Assessment, the school district in which the student resides
  143  must notify the student and his or her parent about the
  144  locations and times to take all statewide assessments.
  146  private school may be sectarian or nonsectarian and shall:
  147         (a)Meet the definition of a private school in s. 1002.01
  148  and comply with all requirements for private schools
  149  participating in state school choice scholarship programs
  150  pursuant to this section and s. 1002.421.
  151         (b)Provide to the organization and the department, upon
  152  request, all documentation required for the student’s
  153  participation, including, but not limited to, the private
  154  school’s and the student’s fee schedules.
  155         (c)Be academically accountable to the parent for meeting
  156  the educational needs of the student by:
  157         1.At a minimum, annually providing to the parent a written
  158  explanation of the student’s progress.
  159         2.Annually administering or making provision for students
  160  participating in the program in grades 3 through 10 to take one
  161  of the nationally norm-referenced tests identified by the
  162  department or the statewide assessments pursuant to s. 1008.22.
  163  Students with disabilities for whom standardized testing is not
  164  appropriate are exempt from this requirement. A participating
  165  private school shall report a student’s scores to his or her
  166  parent.
  167         3.Cooperating with the student whose parent chooses to
  168  have the student participate in the statewide assessments
  169  pursuant to s. 1008.22 or, if a private school chooses to offer
  170  the statewide assessments, administering the assessments at the
  171  school.
  172         a.A participating private school may choose to offer and
  173  administer the statewide assessments to all students who attend
  174  the private school in grades 3 through 10.
  175         b.A participating private school shall submit a request in
  176  writing to the department by March 1 of each year in order to
  177  administer the statewide assessments in the subsequent school
  178  year.
  179         (d)Employ or contract with teachers who have regular and
  180  direct contact with each student receiving a scholarship under
  181  this section at the school’s physical location.
  182         (e)Maintain in this state a physical location where a
  183  scholarship student regularly attends classes.
  184         (f)Provide a report from an independent certified public
  185  accountant who performs the agreed-upon procedures developed
  186  under s. 1002.395(6)(o) if the private school receives more than
  187  $250,000 in funds from scholarships awarded under this section
  188  in a state fiscal year. A private school subject to this
  189  paragraph must annually submit the report by September 15 to the
  190  organization that awarded the majority of the school’s
  191  scholarship funds. The agreed-upon procedures must be conducted
  192  in accordance with attestation standards established by the
  193  American Institute of Certified Public Accountants.
  195  The failure of a private school to meet the requirements of this
  196  subsection constitutes a basis for the ineligibility of the
  197  private school to participate in the program, as determined by
  198  the department.
  199         (7)DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
  200  shall:
  201         (a)Establish a toll-free hotline that provides parents and
  202  private schools with information on participation in the
  203  program.
  204         (b)Annually verify the eligibility of private schools that
  205  meet the requirements of subsection (6).
  206         (c)Require an annual notarized and sworn compliance
  207  statement by participating private schools certifying compliance
  208  with state laws and retain such records.
  209         (d)Cross-check the list of participating students with the
  210  public school enrollment lists and participation lists in other
  211  scholarship programs established under this chapter before each
  212  scholarship payment to avoid duplication.
  213         (e)Maintain a list of nationally norm-referenced tests
  214  identified for purposes of satisfying the testing requirement in
  215  paragraph (9)(f). The tests must meet industry standards of
  216  quality in accordance with State Board of Education rule.
  217         (f)Require quarterly reports by an eligible nonprofit
  218  scholarship-funding organization regarding the number of
  219  students participating in the scholarship program, the private
  220  schools in which the students are enrolled, and other
  221  information deemed necessary by the department.
  222         (g)Contract with an independent entity to provide an
  223  annual evaluation of the program by:
  224         1.Reviewing the school climate and code of student conduct
  225  of each public school that reported the occurrence of a monthly
  226  average of 10 or more substantiated incidents to determine areas
  227  in the school or school district procedures involving reporting,
  228  investigating, and communicating a parent’s and student’s rights
  229  which are in need of improvement. At a minimum, the review must
  230  include:
  231         a.An assessment of the investigation time and quality of
  232  the response of the school and the school district;
  233         b.An assessment of the effectiveness of communication
  234  procedures with the students involved in an incident, the
  235  students’ parents, and the school and school district personnel;
  236         c.An analysis of school incident and discipline data; and
  237         d.The challenges and obstacles relating to implementing
  238  recommendations from this review.
  239         2.Reviewing the school climate and code of student conduct
  240  of each public school a student transferred to if the student
  241  was from a school identified in subparagraph 1. in order to
  242  identify best practices and make recommendations to a public
  243  school at which the incidents occurred.
  244         3.Reviewing the performance of participating students
  245  enrolled in a private school in which the majority of the
  246  schools total enrolled students in the prior school year
  247  participated in one or more scholarship programs, as defined in
  248  s. 1002.01, in which there are at least 10 participating
  249  students who have scores for tests administered; and reviewing
  250  the school climate and code of student conduct of the private
  251  school if one or more scholarship participants were involved in
  252  a reported incident at the school during the prior school year.
  253         4. Surveying the parents of participating students to
  254  determine academic, safety, and school climate satisfaction and
  255  to identify any challenges or obstacles in addressing the
  256  incident or relating to the use of the scholarship.
  257         (h)Upon the request of a participating private school,
  258  provide at no cost to the school the statewide assessments
  259  administered under s. 1008.22 and any related materials for
  260  administering the assessments. Students at a private school may
  261  be assessed using the statewide assessments if the addition of
  262  those students and the school does not cause the state to exceed
  263  its contractual caps for the number of students tested and the
  264  number of testing sites. The state shall provide the same
  265  materials and support to a private school that it provides to a
  266  public school. A private school that chooses to administer
  267  statewide assessments under s. 1008.22 shall follow the
  268  requirements set forth in ss. 1008.22 and 1008.24, rules adopted
  269  by the State Board of Education to implement those sections, and
  270  district-level testing policies established by the district
  271  school board.
  272         (i)Establish a process by which individuals may notify the
  273  department of any violation by a parent, private school, or
  274  school district of state laws relating to program participation.
  275  The department shall conduct an inquiry or make a referral to
  276  the appropriate agency for an investigation of any written
  277  complaint of a violation of this section if the complaint is
  278  signed by the complainant and is legally sufficient. A complaint
  279  is legally sufficient if such complaint contains ultimate facts
  280  that show that a violation of this section or any rule adopted
  281  by the State Board of Education pursuant to this section has
  282  occurred. In order to determine legal sufficiency, the
  283  department may require supporting information or documentation
  284  from the complainant. A department inquiry is not subject to the
  285  requirements of chapter 120.
  286         (j)1.Conduct site visits to participating private schools.
  287  The purpose of the site visits is solely to verify the
  288  information reported by the schools concerning the enrollment
  289  and attendance of students, the credentials of teachers,
  290  background screening of teachers, teachers’ fingerprinting
  291  results, and other conditions required pursuant to s. 1002.421
  292  and this section. The department may not make more than seven
  293  site visits each year; however, the department may make
  294  additional site visits at any time to a school that is the
  295  subject of a violation complaint submitted pursuant to paragraph
  296  (i), is identified by an organization for a known or suspected
  297  violation, or has received a notice of noncompliance or a notice
  298  of proposed action within the current year or the previous 2
  299  years.
  300         2.Annually, by December 15, report to the Governor, the
  301  President of the Senate, and the Speaker of the House of
  302  Representatives the department’s actions with respect to
  303  implementing accountability in the program under this section
  304  and s. 1002.421, any substantiated allegations or violations of
  305  law or rule by an eligible private school under this program and
  306  the corrective action taken by the department.
  308         (a)The Commissioner of Education:
  309         1.Shall deny, suspend, or revoke a private school’s
  310  participation in the program if it is determined that the
  311  private school has failed to comply with the provisions of this
  312  section. However, if the noncompliance is correctable within a
  313  reasonable amount of time and if the health, safety, or welfare
  314  of the students is not threatened, the commissioner may issue a
  315  notice of noncompliance which provides the private school with a
  316  timeframe within which to provide evidence of compliance before
  317  taking action to suspend or revoke the private school’s
  318  participation in the program.
  319         2.May deny, suspend, or revoke a private school’s
  320  participation in the program if the commissioner determines that
  321  an owner or operator of the private school is operating or has
  322  operated an educational institution in this state or in another
  323  state or jurisdiction in a manner contrary to the health,
  324  safety, or welfare of the public.
  325         a.In making such a determination, the commissioner may
  326  consider factors that include, but are not limited to, acts or
  327  omissions by an owner or operator which led to a previous denial
  328  or revocation of participation in an education scholarship
  329  program; an owner’s or operator’s failure to reimburse the
  330  department for scholarship funds improperly received or retained
  331  by a school; imposition of a prior criminal sanction related to
  332  an owner’s or operator’s management or operation of an
  333  educational institution; imposition of a civil fine or
  334  administrative fine, license revocation or suspension, or
  335  program eligibility suspension, termination, or revocation
  336  related to an owner’s or operator’s management or operation of
  337  an educational institution; or other types of criminal
  338  proceedings in which an owner or operator was found guilty of,
  339  regardless of adjudication, or entered a plea of nolo contendere
  340  or guilty to, any offense involving fraud, deceit, dishonesty,
  341  or moral turpitude.
  342         b.For purposes of this subparagraph, the term “owner or
  343  operator” includes an owner, operator, superintendent, or
  344  principal of, or a person who has equivalent decisionmaking
  345  authority over, a private school participating in the
  346  scholarship program.
  347         (b)The commissioner’s determination is subject to the
  348  following:
  349         1.If the commissioner intends to deny, suspend, or revoke
  350  a private school’s participation in the program, the department
  351  shall notify the private school of such proposed action in
  352  writing by certified mail and regular mail to the private
  353  school’s address of record with the department. The notification
  354  shall include the reasons for the proposed action and notice of
  355  the timelines and procedures set forth in this paragraph.
  356         2.The private school that is adversely affected by the
  357  proposed action shall have 15 days after receipt of the notice
  358  of proposed action to file with the department’s agency clerk a
  359  request for a proceeding pursuant to ss. 120.569 and 120.57. If
  360  the private school is entitled to a hearing under s. 120.57(1),
  361  the department shall refer the request to the Division of
  362  Administrative Hearings.
  363         3.Upon receipt of a request referred pursuant to this
  364  paragraph, the director of the Division of Administrative
  365  Hearings shall expedite the hearing and assign an administrative
  366  law judge who shall commence a hearing within 30 days after the
  367  receipt of the formal written request by the division and enter
  368  a recommended order within 30 days after the hearing or within
  369  30 days after receipt of the hearing transcript, whichever is
  370  later. Each party shall be allowed 10 days in which to submit
  371  written exceptions to the recommended order. A final order shall
  372  be entered by the agency within 30 days after the entry of a
  373  recommended order. The provisions of this subparagraph may be
  374  waived upon stipulation by all parties.
  375         (c)The commissioner may immediately suspend payment of
  376  scholarship funds if it is determined that there is probable
  377  cause to believe that there is:
  378         1.An imminent threat to the health, safety, or welfare of
  379  the students; or
  380         2.Fraudulent activity on the part of the private school.
  381  Notwithstanding s. 1002.22, in incidents of alleged fraudulent
  382  activity pursuant to this section, the department’s Office of
  383  Inspector General is authorized to release personally
  384  identifiable records or reports of students to the following
  385  persons or organizations:
  386         a.A court of competent jurisdiction in compliance with an
  387  order of that court or the attorney of record in accordance with
  388  a lawfully issued subpoena, consistent with the Family
  389  Educational Rights and Privacy Act, 20 U.S.C. s. 1232g.
  390         b.A person or entity authorized by a court of competent
  391  jurisdiction in compliance with an order of that court or the
  392  attorney of record pursuant to a lawfully issued subpoena,
  393  consistent with the Family Educational Rights and Privacy Act,
  394  20 U.S.C. s. 1232g.
  395         c.Any person, entity, or authority issuing a subpoena for
  396  law enforcement purposes when the court or other issuing agency
  397  has ordered that the existence or the contents of the subpoena
  398  or the information furnished in response to the subpoena not be
  399  disclosed, consistent with the Family Educational Rights and
  400  Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31.
  402  The commissioner’s suspension of payment pursuant to this
  403  paragraph may be appealed pursuant to the same procedures and
  404  timelines as the notice of proposed action set forth in
  405  paragraph (b).
  407  PARTICIPATION.—A parent who applies for a Hope Scholarship is
  408  exercising his or her parental option to place his or her
  409  student in an eligible private school.
  410         (a)The parent must select an eligible private school and
  411  apply for the admission of his or her student.
  412         (b)The parent must inform the student’s school district
  413  when the parent withdraws his or her student to attend an
  414  eligible private school.
  415         (c)Any student participating in the program must comply
  416  with the regular attendance requirements of s. 1003.01(13) and
  417  remain in attendance throughout the school year unless excused
  418  by the school for illness or other good cause.
  419         (d)Each parent and each student has an obligation to the
  420  private school to comply with the private school’s published
  421  policies.
  422         (e)Upon reasonable notice to the department and the school
  423  district, the parent may remove the student from the private
  424  school and place the student in a public school in accordance
  425  with this section.
  426         (f)The parent must ensure that the student participating
  427  in the program takes the norm-referenced assessment offered by
  428  the private school. The parent may also choose to have the
  429  student participate in the statewide assessments pursuant to s.
  430  1008.22. If the parent requests that the student participating
  431  in the program take the statewide assessments pursuant to s.
  432  1008.22 and the private school has not chosen to offer and
  433  administer the statewide assessments, the parent is responsible
  434  for transporting the student to the assessment site designated
  435  by the school district.
  436         (g)Upon receipt of a scholarship warrant, the parent to
  437  whom the warrant is made must restrictively endorse the warrant
  438  to the private school for deposit into the account of the
  439  private school. The parent may not designate any entity or
  440  individual associated with the participating private school as
  441  the parent’s attorney in fact to endorse a scholarship warrant.
  442  A parent who fails to comply with this paragraph forfeits the
  443  scholarship.
  445  ORGANIZATIONS.—An organization may establish scholarships for
  446  eligible students by:
  447         (a)Receiving applications and determining student
  448  eligibility in accordance with the requirements of this section.
  449         (b)Notifying parents of their receipt of a scholarship on
  450  a first-come, first-served basis, based upon available funds.
  451         (c)Preparing and submitting quarterly and annual reports
  452  to the department pursuant to paragraphs (7)(f) and (g). In
  453  addition, an eligible nonprofit scholarship-funding organization
  454  must submit in a timely manner any information requested by the
  455  department relating to the scholarship program.
  456         (d)Notifying the department of any known or suspected
  457  violation of this section by a private school, parent, or
  458  student.
  459         (11)FUNDING AND PAYMENT.—
  460         (a)The maximum amount awarded to a student enrolled in an
  461  eligible private school shall be determined as a percentage of
  462  the unweighted FTE funding amount for that state fiscal year and
  463  thereafter as follows:
  464         1.Eighty-eight percent for a student enrolled in
  465  kindergarten through grade 5.
  466         2.Ninety-two percent for a student enrolled in grade 6
  467  through grade 8.
  468         3.Ninety-six percent for a student enrolled in grade 9
  469  through grade 12.
  470         (b)The maximum amount awarded to a student enrolled in a
  471  Florida public school located outside of the district in which
  472  the student resides shall be $750.
  473         (c)When a student enters the program, the organization
  474  must receive all documentation required for the student’s
  475  participation, including a copy of the report of the
  476  substantiated incident received pursuant to subsection (5) and
  477  the private school’s and the student’s fee schedules. The
  478  initial payment shall be made after verification of admission
  479  acceptance, and subsequent payments shall be made upon
  480  verification of continued enrollment and attendance at the
  481  private school.
  482         (d)Payment of the scholarship by the eligible nonprofit
  483  scholarship-funding organization shall be by individual warrant
  484  made payable to the student’s parent. If the parent chooses that
  485  his or her student attend an eligible private school, the
  486  warrant must be delivered by the eligible nonprofit scholarship
  487  funding organization to the private school of the parent’s
  488  choice, and the parent shall restrictively endorse the warrant
  489  to the private school.
  490         (e)An eligible nonprofit scholarship-funding organization
  491  shall obtain verification from the private school of a student’s
  492  continued attendance at the school for each period covered by a
  493  scholarship payment.
  494         (f)Payment of the scholarship shall be made by the
  495  eligible nonprofit scholarship-funding organization no less
  496  frequently than on a quarterly basis.
  497         (g)An organization may use up to 3 percent of eligible
  498  contributions received during the state fiscal year in which
  499  such contributions are collected for administrative expenses if
  500  the organization has operated as an eligible nonprofit
  501  scholarship-funding organization for at least the preceding 3
  502  fiscal years and did not have any findings of material weakness
  503  or material noncompliance in its most recent audit under s.
  504  1002.395(6)(m). Such administrative expenses must be reasonable
  505  and necessary for the organization’s management and distribution
  506  of eligible contributions under this section. Funds authorized
  507  under this paragraph may not be used for lobbying or political
  508  activity or expenses related to lobbying or political activity.
  509  Up to one-third of the funds authorized for administrative
  510  expenses under this paragraph may be used for expenses related
  511  to the recruitment of contributions from taxpayers. An eligible
  512  nonprofit scholarship-funding organization may not charge an
  513  application fee.
  514         (h)Moneys received pursuant to this section do not
  515  constitute taxable income to the qualified student or his or her
  516  parent.
  518         (a)The Auditor General shall conduct an annual operational
  519  audit of accounts and records of each organization that
  520  participates in the program. As part of this audit, the Auditor
  521  General shall verify, at a minimum, the total number of students
  522  served and transmit that information to the department. The
  523  Auditor General shall provide the commissioner with a copy of
  524  each annual operational audit performed pursuant to this
  525  subsection within 10 days after the audit is finalized.
  526         (b)The Auditor General shall notify the department of any
  527  organization that fails to comply with a request for
  528  information.
  530         (a)A tax credit is available under s. 212.1832 for use by
  531  a taxpayer that makes an eligible contribution to the program.
  532  Each eligible contribution is limited to a single payment of $20
  533  at the time of purchase of a motor vehicle or a single payment
  534  of $20 at the time of registration of a motor vehicle that was
  535  not purchased from a dealer. An eligible contribution shall be
  536  accompanied by an election to contribute to the program and
  537  shall be made by the purchaser at the time of purchase or at the
  538  time of registration on a form provided by the Department of
  539  Revenue. Payments of contributions shall be made to a dealer, as
  540  defined in chapter 212, at the time of purchase of a motor
  541  vehicle or to an agent of the Department of Revenue, as
  542  designated by s. 212.06(10), at the time of registration of a
  543  motor vehicle that was not purchased from a dealer.
  544         (b)A tax collector or any person or firm authorized to
  545  sell or issue a motor vehicle license who is designated as an
  546  agent of the Department of Revenue pursuant to s. 212.06(10) or
  547  who is a dealer shall:
  548         1.Provide the purchaser the contribution election form, as
  549  prescribed by the Department of Revenue, at the time of purchase
  550  of a motor vehicle or at the time of registration of a motor
  551  vehicle that was not purchased from a dealer.
  552         2.Collect eligible contributions.
  553         3.Using a form provided by the Department of Revenue,
  554  which shall include the dealer’s or agent’s federal employer
  555  identification number, remit to an organization on or before the
  556  20th day of each month the total amount of contributions made to
  557  that organization and collected during the preceding calendar
  558  month.
  559         4.Report on each return filed with the Department of
  560  Revenue the total amount of credits allowed under s. 212.1832
  561  during the preceding calendar month.
  562         (c)An organization shall report to the Department of
  563  Revenue, on or before the 20th day of each month, the total
  564  amount of contributions received pursuant to paragraph (b) in
  565  the preceding calendar month on a form provided by the
  566  Department of Revenue. Such report shall include the federal
  567  employer identification number of each tax collector, authorized
  568  agent of the Department of Revenue, or dealer who remitted
  569  contributions to the organization during that reporting period.
  570         (d)A person who, with intent to unlawfully deprive or
  571  defraud the program of its moneys or the use or benefit thereof,
  572  fails to remit a contribution collected under this section is
  573  guilty of theft of charitable funds, punishable as follows:
  574         1.If the total amount stolen is less than $300, the
  575  offense is a misdemeanor of the second degree, punishable as
  576  provided in s. 775.082 or s. 775.083. Upon a second conviction,
  577  the offender is guilty of a misdemeanor of the first degree,
  578  punishable as provided in s. 775.082 or s. 775.083. Upon a third
  579  or subsequent conviction, the offender is guilty of a felony of
  580  the third degree, punishable as provided in s. 775.082, s.
  581  775.083, or s. 775.084.
  582         2.If the total amount stolen is $300 or more, but less
  583  than $20,000, the offense is a felony of the third degree,
  584  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  585         3.If the total amount stolen is $20,000 or more, but less
  586  than $100,000, the offense is a felony of the second degree,
  587  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  588         4.If the total amount stolen is $100,000 or more, the
  589  offense is a felony of the first degree, punishable as provided
  590  in s. 775.082, s. 775.083, or s. 775.084.
  591         (e)A person convicted of an offense under paragraph (d)
  592  shall be ordered by the sentencing judge to make restitution to
  593  the organization in the amount that was stolen from the program.
  594         (14)LIABILITY.—The state is not liable for the award or
  595  any use of awarded funds under this section.
  596         (15)SCOPE OF AUTHORITY.—This section does not expand the
  597  regulatory authority of this state, its officers, or any school
  598  district to impose additional regulation on participating
  599  private schools beyond those reasonably necessary to enforce
  600  requirements expressly set forth in this section.
  601         (16)RULES.—The State Board of Education shall adopt rules
  602  to administer this section.
  603         Section 2. Section 212.1832, Florida Statutes, is created
  604  to read:
  605         212.1832Credit for contributions to the Hope Scholarship
  606  Program.—
  607         (1)There is allowed a credit of 100 percent of an eligible
  608  contribution made to an eligible nonprofit scholarship-funding
  609  organization under s. 1002.40 against any tax imposed by the
  610  state and due under this chapter as a result of the purchase or
  611  acquisition of a motor vehicle. The credit may not exceed the
  612  tax otherwise owed.
  613         (2)For purposes of the distributions of tax revenue under
  614  s. 212.20, the department shall disregard any tax credits
  615  allowed under this section to ensure that any reduction in tax
  616  revenue received that is attributable to the tax credits results
  617  only in a reduction in distributions to the General Revenue
  618  Fund. The provisions of s. 1002.40 apply to the credit
  619  authorized by this section.
  620         Section 3. Section 1002.01, Florida Statutes, is amended to
  621  read:
  622         1002.01 Definitions.—
  623         (1) A “home education program” means the sequentially
  624  progressive instruction of a student directed by his or her
  625  parent in order to satisfy the attendance requirements of ss.
  626  1002.41, 1003.01(13), and 1003.21(1).
  627         (2) A “private school” is a nonpublic school that is
  628  registered in accordance with s. 1002.42 and is defined as an
  629  individual, association, copartnership, or corporation, or
  630  department, division, or section of such organizations, that
  631  designates itself as an educational center that includes
  632  kindergarten or a higher grade or as an elementary, secondary,
  633  business, technical, or trade school below college level or any
  634  organization that provides instructional services that meet the
  635  intent of s. 1003.01(13) or that gives preemployment or
  636  supplementary training in technology or in fields of trade or
  637  industry or that offers academic, literary, or career training
  638  below college level, or any combination of the above, including
  639  an institution that performs the functions of the above schools
  640  through correspondence or extension, except those licensed under
  641  the provisions of chapter 1005. A private school may be a
  642  parochial, religious, denominational, for-profit, or nonprofit
  643  school attended by a student in order to satisfy the attendance
  644  requirements of s. 1003.01(13). This definition does not include
  645  home education programs conducted in accordance with s. 1002.41.
  646         (3) For purposes of this chapter, a “scholarship program”
  647  means any one of the following:
  648         (a) The Opportunity Scholarship Program established
  649  pursuant to s. 1002.38.
  650         (b) The Gardiner Scholarship Program established pursuant
  651  to s. 1002.385.
  652         (c) The John M. McKay Scholarships for Students with
  653  Disabilities Program established pursuant to s. 1002.39.
  654         (d) The Florida Tax Credit Scholarship Program established
  655  pursuant to s. 1002.395.
  656         (e) The Hope Scholarship Program established pursuant to s.
  657  1002.40.
  658         Section 4. Paragraph (b) of subsection (2) and subsection
  659  (6) of section 1002.20, Florida Statutes, are amended to read:
  660         1002.20 K-12 student and parent rights.—Parents of public
  661  school students must receive accurate and timely information
  662  regarding their child’s academic progress and must be informed
  663  of ways they can help their child to succeed in school. K-12
  664  students and their parents are afforded numerous statutory
  665  rights including, but not limited to, the following:
  666         (2) ATTENDANCE.—
  667         (b) Regular school attendance.—Parents of students who have
  668  attained the age of 6 years by February 1 of any school year but
  669  who have not attained the age of 16 years must comply with the
  670  compulsory school attendance laws. Parents have the option to
  671  comply with the school attendance laws by attendance of the
  672  student in a public school; a private parochial, religious, or
  673  denominational school; a private school; or a home education
  674  program; or a private tutoring program, in accordance with the
  675  provisions of s. 1003.01(13).
  676         (6) EDUCATIONAL CHOICE.—
  677         (a) Public educational school choices.—Parents of public
  678  school students may seek any public educational school choice
  679  options that are applicable and available to students throughout
  680  the state. These options may include controlled open enrollment,
  681  single-gender programs, lab schools, virtual instruction
  682  programs, charter schools, charter technical career centers,
  683  magnet schools, alternative schools, special programs, auditory
  684  oral education programs, advanced placement, dual enrollment,
  685  International Baccalaureate, International General Certificate
  686  of Secondary Education (pre-AICE), CAPE digital tools, CAPE
  687  industry certifications, collegiate high school programs,
  688  Advanced International Certificate of Education, early
  689  admissions, credit by examination or demonstration of
  690  competency, the New World School of the Arts, the Florida School
  691  for the Deaf and the Blind, and the Florida Virtual School.
  692  These options may also include the public educational choice
  693  options of the Opportunity Scholarship Program and the McKay
  694  Scholarships for Students with Disabilities Program.
  695         (b) Private educational choices.The parent of a student
  696  may choose to enroll the student in a private school, as defined
  697  in s. 1002.01(2). Parents of public school students may seek
  698  private educational choice options under certain programs.
  699         1. Under the McKay Scholarships for Students with
  700  Disabilities Program, the parent of a public school student with
  701  a disability may request and receive a McKay Scholarship for the
  702  student to attend a private school in accordance with s.
  703  1002.39.
  704         2. Under the Florida Tax Credit Scholarship Program, the
  705  parent of a student who qualifies for free or reduced-price
  706  school lunch or who is currently placed, or during the previous
  707  state fiscal year was placed, in foster care as defined in s.
  708  39.01 may seek a scholarship from an eligible nonprofit
  709  scholarship-funding organization in accordance with s. 1002.395.
  710         3. Under the Gardiner Scholarship Program Florida Personal
  711  Learning Scholarship Accounts Program, the parent of a student
  712  with a qualifying disability may apply for a Gardiner
  713  Scholarship personal learning scholarship to be used for
  714  individual educational needs in accordance with s. 1002.385.
  715         4. Under the Hope Scholarship Program, the parent of a
  716  student who was the victim of a substantiated incident of
  717  violence or abuse while attending a public school may seek a
  718  scholarship for the student to attend a private school in
  719  accordance with s. 1002.40.
  720         (c) Home education.—The parent of a student may choose to
  721  place the student in a home education program, as defined in s.
  722  1002.01(1), in accordance with the provisions of s. 1002.41.
  723         (d) Private tutoring.—The parent of a student may choose to
  724  place the student in a private tutoring program in accordance
  725  with the provisions of s. 1002.43(1).
  726         Section 5. Subsection (13) of section 1003.01, Florida
  727  Statutes, is amended to read:
  728         1003.01 Definitions.—As used in this chapter, the term:
  729         (13) “Regular school attendance” means the actual
  730  attendance of a student during the school day as defined by law
  731  and rules of the State Board of Education. Regular attendance
  732  within the intent of s. 1003.21 may be achieved by a student’s
  733  full-time attendance in one of the following options:
  734         (a) A public school supported by public funds, including,
  735  but not limited to, the Florida School for the Deaf and the
  736  Blind, the Florida Virtual School, a developmental research
  737  school, and a charter school established pursuant to chapter
  738  1002.;
  739         (b) A parochial, religious, or denominational school;
  740         (b)(c) A private school, as defined in s. 1002.01(2) and in
  741  compliance with s. 1002.42, including, but not limited to, a
  742  private parochial, religious, or denominational school; and a
  743  private school supported in whole or in part by tuition charges
  744  or by endowments or gifts. This option includes an eligible
  745  private school in which a student attends as a participant in a
  746  scholarship program, as defined in s. 1002.01(3).;
  747         (c)(d) A home education program, as defined in s.
  748  1002.01(1), which that meets the requirements of chapter 1002.;
  749  or
  750         (e) A private tutoring program that meets the requirements
  751  of chapter 1002.
  752         Section 6. Paragraphs (d) and (h) of subsection (5) and
  753  paragraph (a) of subsection (11) of section 1002.385, Florida
  754  Statutes, are amended to read:
  755         1002.385 The Gardiner Scholarship.—
  756         (5) AUTHORIZED USES OF PROGRAM FUNDS.—Program funds must be
  757  used to meet the individual educational needs of an eligible
  758  student and may be spent for the following purposes:
  759         (d) Enrollment in, or tuition or fees associated with
  760  enrollment in, a home education program, an eligible private
  761  school, an eligible postsecondary educational institution or a
  762  program offered by the institution, a private tutoring program
  763  authorized under s. 1002.43, a virtual program offered by a
  764  department-approved private online provider that meets the
  765  provider qualifications specified in s. 1002.45(2)(a), the
  766  Florida Virtual School as a private paying student, or an
  767  approved online course offered pursuant to s. 1003.499 or s.
  768  1004.0961.
  769         (h) Tuition and fees for part-time tutoring services
  770  provided by a person who holds a valid Florida educator’s
  771  certificate pursuant to s. 1012.56; a person who holds an
  772  adjunct teaching certificate pursuant to s. 1012.57; or a person
  773  who has demonstrated a mastery of subject area knowledge
  774  pursuant to s. 1012.56(5). As used in this paragraph, the term
  775  “part-time tutoring services” does not qualify as regular school
  776  attendance as defined in s. 1003.01(13) s. 1003.01(13)(e).
  778  A provider of any services receiving payments pursuant to this
  779  subsection may not share, refund, or rebate any moneys from the
  780  Gardiner Scholarship with the parent or participating student in
  781  any manner. A parent, student, or provider of any services may
  782  not bill an insurance company, Medicaid, or any other agency for
  783  the same services that are paid for using Gardiner Scholarship
  784  funds.
  786  PARTICIPATION.—A parent who applies for program participation
  787  under this section is exercising his or her parental option to
  788  determine the appropriate placement or the services that best
  789  meet the needs of his or her child. The scholarship award for a
  790  student is based on a matrix that assigns the student to support
  791  Level III services. If a parent receives an IEP and a matrix of
  792  services from the school district pursuant to subsection (7),
  793  the amount of the payment shall be adjusted as needed, when the
  794  school district completes the matrix.
  795         (a) To satisfy or maintain program eligibility, including
  796  eligibility to receive and spend program payments, the parent
  797  must sign an agreement with the organization and annually submit
  798  a notarized, sworn compliance statement to the organization to:
  799         1. Affirm that the student is enrolled in a program that
  800  meets regular school attendance requirements as provided in s.
  801  1003.01(13)(b) or (c) s. 1003.01(13)(b)-(d).
  802         2. Affirm that the program funds are used only for
  803  authorized purposes serving the student’s educational needs, as
  804  described in subsection (5).
  805         3. Affirm that the parent is responsible for the education
  806  of his or her student by, as applicable:
  807         a. Requiring the student to take an assessment in
  808  accordance with paragraph (8)(c);
  809         b. Providing an annual evaluation in accordance with s.
  810  1002.41(1)(c); or
  811         c. Requiring the child to take any preassessments and
  812  postassessments selected by the provider if the child is 4 years
  813  of age and is enrolled in a program provided by an eligible
  814  Voluntary Prekindergarten Education Program provider. A student
  815  with disabilities for whom a preassessment and postassessment is
  816  not appropriate is exempt from this requirement. A participating
  817  provider shall report a student’s scores to the parent.
  818         4. Affirm that the student remains in good standing with
  819  the provider or school if those options are selected by the
  820  parent.
  822  A parent who fails to comply with this subsection forfeits the
  823  Gardiner Scholarship.
  824         Section 7. Subsection (3) of section 1002.39, Florida
  825  Statutes, is amended to read:
  826         1002.39 The John M. McKay Scholarships for Students with
  827  Disabilities Program.—There is established a program that is
  828  separate and distinct from the Opportunity Scholarship Program
  829  and is named the John M. McKay Scholarships for Students with
  830  Disabilities Program.
  831         (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.—A student is
  832  not eligible for a John M. McKay Scholarship:
  833         (a) While he or she is enrolled in a school operating for
  834  the purpose of providing educational services to youth in
  835  Department of Juvenile Justice commitment programs;
  836         (b) While he or she is receiving a Florida tax credit
  837  scholarship under s. 1002.395;
  838         (c) While he or she is receiving an educational scholarship
  839  pursuant to this chapter;
  840         (d) While he or she is participating in a home education
  841  program as defined in s. 1002.01(1);
  842         (e) While he or she is participating in a private tutoring
  843  program pursuant to s. 1002.43;
  844         (e)(f) While he or she is participating in a virtual
  845  school, correspondence school, or distance learning program that
  846  receives state funding pursuant to the student’s participation
  847  unless the participation is limited to no more than two courses
  848  per school year;
  849         (f)(g) While he or she is enrolled in the Florida School
  850  for the Deaf and the Blind;
  851         (g)(h) While he or she is not having regular and direct
  852  contact with his or her private school teachers at the school’s
  853  physical location unless he or she is enrolled in the private
  854  school’s transition-to-work program pursuant to subsection (10);
  855  or
  856         (h)(i) If he or she has been issued a temporary 504
  857  accommodation plan under s. 504 of the Rehabilitation Act of
  858  1973 which is valid for 6 months or less.
  859         Section 8. Subsection (4) of section 1002.395, Florida
  860  Statutes, is amended to read:
  861         1002.395 Florida Tax Credit Scholarship Program.—
  862         (4) SCHOLARSHIP PROHIBITIONS.—A student is not eligible for
  863  a scholarship while he or she is:
  864         (a) Enrolled in a school operating for the purpose of
  865  providing educational services to youth in Department of
  866  Juvenile Justice commitment programs;
  867         (b) Receiving a scholarship from another eligible nonprofit
  868  scholarship-funding organization under this section;
  869         (c) Receiving an educational scholarship pursuant to
  870  chapter 1002;
  871         (d) Participating in a home education program as defined in
  872  s. 1002.01(1);
  873         (e) Participating in a private tutoring program pursuant to
  874  s. 1002.43;
  875         (e)(f) Participating in a virtual school, correspondence
  876  school, or distance learning program that receives state funding
  877  pursuant to the student’s participation unless the participation
  878  is limited to no more than two courses per school year; or
  879         (f)(g) Enrolled in the Florida School for the Deaf and the
  880  Blind.
  881         Section 9. Paragraph (f) of subsection (1) of section
  882  1003.26, Florida Statutes, is amended to read:
  883         1003.26 Enforcement of school attendance.—The Legislature
  884  finds that poor academic performance is associated with
  885  nonattendance and that school districts must take an active role
  886  in promoting and enforcing attendance as a means of improving
  887  student performance. It is the policy of the state that each
  888  district school superintendent be responsible for enforcing
  889  school attendance of all students subject to the compulsory
  890  school age in the school district and supporting enforcement of
  891  school attendance by local law enforcement agencies. The
  892  responsibility includes recommending policies and procedures to
  893  the district school board that require public schools to respond
  894  in a timely manner to every unexcused absence, and every absence
  895  for which the reason is unknown, of students enrolled in the
  896  schools. District school board policies shall require the parent
  897  of a student to justify each absence of the student, and that
  898  justification will be evaluated based on adopted district school
  899  board policies that define excused and unexcused absences. The
  900  policies must provide that public schools track excused and
  901  unexcused absences and contact the home in the case of an
  902  unexcused absence from school, or an absence from school for
  903  which the reason is unknown, to prevent the development of
  904  patterns of nonattendance. The Legislature finds that early
  905  intervention in school attendance is the most effective way of
  906  producing good attendance habits that will lead to improved
  907  student learning and achievement. Each public school shall
  908  implement the following steps to promote and enforce regular
  909  school attendance:
  910         (1) CONTACT, REFER, AND ENFORCE.—
  911         (f)1. If the parent of a child who has been identified as
  912  exhibiting a pattern of nonattendance enrolls the child in a
  913  home education program pursuant to chapter 1002, the district
  914  school superintendent shall provide the parent a copy of s.
  915  1002.41 and the accountability requirements of this paragraph.
  916  The district school superintendent shall also refer the parent
  917  to a home education review committee composed of the district
  918  contact for home education programs and at least two home
  919  educators selected by the parent from a district list of all
  920  home educators who have conducted a home education program for
  921  at least 3 years and who have indicated a willingness to serve
  922  on the committee. The home education review committee shall
  923  review the portfolio of the student, as defined by s. 1002.41,
  924  every 30 days during the district’s regular school terms until
  925  the committee is satisfied that the home education program is in
  926  compliance with s. 1002.41(1)(b). The first portfolio review
  927  must occur within the first 30 calendar days of the
  928  establishment of the program. The provisions of subparagraph 2.
  929  do not apply once the committee determines the home education
  930  program is in compliance with s. 1002.41(1)(b).
  931         2. If the parent fails to provide a portfolio to the
  932  committee, the committee shall notify the district school
  933  superintendent. The district school superintendent shall then
  934  terminate the home education program and require the parent to
  935  enroll the child in an attendance option that meets the
  936  definition of “regular school attendance” under s.
  937  1003.01(13)(a) or (b) s. 1003.01(13)(a), (b), (c), or (e),
  938  within 3 days. Upon termination of a home education program
  939  pursuant to this subparagraph, the parent shall not be eligible
  940  to reenroll the child in a home education program for 180
  941  calendar days. Failure of a parent to enroll the child in an
  942  attendance option as required by this subparagraph after
  943  termination of the home education program pursuant to this
  944  subparagraph shall constitute noncompliance with the compulsory
  945  attendance requirements of s. 1003.21 and may result in criminal
  946  prosecution under s. 1003.27(2). Nothing contained herein shall
  947  restrict the ability of the district school superintendent, or
  948  the ability of his or her designee, to review the portfolio
  949  pursuant to s. 1002.41(1)(b).
  950         Section 10. Effective July 1, 2019, chapter 623, Florida
  951  Statutes, consisting of sections 623.01, 623.02, 623.03, 623.04,
  952  623.05, 623.06, 623.07, 623.08, 623.09, 623.10, 623.11, 623.12,
  953  623.13, and 623.14, is repealed.
  954         Section 11. Effective July 1, 2019, subsection (13) of
  955  section 212.08, Florida Statutes, is amended to read:
  956         212.08 Sales, rental, use, consumption, distribution, and
  957  storage tax; specified exemptions.—The sale at retail, the
  958  rental, the use, the consumption, the distribution, and the
  959  storage to be used or consumed in this state of the following
  960  are hereby specifically exempt from the tax imposed by this
  961  chapter.
  962         (13) No transactions shall be exempt from the tax imposed
  963  by this chapter except those expressly exempted herein. All laws
  964  granting tax exemptions, to the extent they may be inconsistent
  965  or in conflict with this chapter, including, but not limited to,
  966  the following designated laws, shall yield to and be superseded
  967  by the provisions of this subsection: ss. 125.019, 153.76,
  968  154.2331, 159.15, 159.31, 159.50, 159.708, 163.385, 163.395,
  969  215.76, 243.33, 315.11, 348.65, 348.762, 349.13, 403.1834, and
  970  616.07, and 623.09, and the following Laws of Florida, acts of
  971  the year indicated: s. 31, chapter 30843, 1955; s. 19, chapter
  972  30845, 1955; s. 12, chapter 30927, 1955; s. 8, chapter 31179,
  973  1955; s. 15, chapter 31263, 1955; s. 13, chapter 31343, 1955; s.
  974  16, chapter 59-1653; s. 13, chapter 59-1356; s. 12, chapter 61
  975  2261; s. 19, chapter 61-2754; s. 10, chapter 61-2686; s. 11,
  976  chapter 63-1643; s. 11, chapter 65-1274; s. 16, chapter 67-1446;
  977  and s. 10, chapter 67-1681. This subsection does not supersede
  978  the authority of a local government to adopt financial and local
  979  government incentives pursuant to s. 163.2517.
  980         Section 12. Section 1002.43, Florida Statutes, is repealed.
  981         Section 13. The Department of Revenue may, and all
  982  conditions are deemed met to, adopt emergency rules pursuant to
  983  ss. 120.536(1) and 120.54, Florida Statutes, to administer ss.
  984  1002.40 and 212.1832 which are created by this act.
  985         Section 14. Except as otherwise expressly provided in this
  986  act, this act shall take effect July 1, 2018.
  988  ================= T I T L E  A M E N D M E N T ================
  989  And the title is amended as follows:
  990         Delete everything before the enacting clause
  991  and insert:
  992         An act relating to the Hope Scholarship Program;
  993         creating s. 1002.40, F.S.; establishing the Hope
  994         Scholarship Program; providing the purpose of the
  995         program; defining terms; providing eligibility
  996         requirements; prohibiting the payment of a scholarship
  997         under certain circumstances; requiring a principal to
  998         provide copies of a report of physical violence or
  999         emotional abuse to certain individuals within a
 1000         specified timeframe; requiring the principal to
 1001         investigate such incidents; requiring a school
 1002         district to notify an eligible student’s parent of the
 1003         program under certain circumstances; requiring a
 1004         school district to provide certain information
 1005         relating to the statewide assessment program;
 1006         providing requirements and obligations for eligible
 1007         private schools; providing Department of Education
 1008         obligations relating to participating students and
 1009         private schools and program requirements; providing
 1010         Commissioner of Education obligations; requiring the
 1011         commissioner to deny, suspend, or revoke a private
 1012         school’s participation in the program or the payment
 1013         of scholarship funds under certain circumstances;
 1014         defining the term “owner or operator”; providing a
 1015         process for review of a decision from the commissioner
 1016         under certain circumstances; providing for the release
 1017         of personally identifiable student information under
 1018         certain circumstances; providing parent and student
 1019         responsibilities for initial and continued
 1020         participation in the program; providing nonprofit
 1021         scholarship-funding organization obligations;
 1022         providing for the calculation of the scholarship
 1023         amount; providing the scholarship amount for students
 1024         transferred to certain public schools; requiring
 1025         verification of specified information before a
 1026         scholarship may be disbursed; providing requirements
 1027         for the scholarship payments; providing funds for
 1028         administrative expenses for certain nonprofit
 1029         scholarship-funding organizations; providing
 1030         requirements for administrative expenses; prohibiting
 1031         a nonprofit scholarship-funding organization from
 1032         charging an application fee; providing Auditor General
 1033         obligations; providing requirements for taxpayer
 1034         elections to contribute to the program; requiring the
 1035         Department of Revenue to adopt forms to administer the
 1036         program; providing requirements for certain agents of
 1037         the Department of Revenue and motor vehicle dealers;
 1038         providing reporting requirements for nonprofit
 1039         scholarship-funding organizations relating to taxpayer
 1040         contributions; providing penalties; providing for the
 1041         restitution of specified funds under certain
 1042         circumstances; providing the state is not liable for
 1043         the award or use of program funds; prohibiting
 1044         additional regulations for private schools
 1045         participating in the program beyond those necessary to
 1046         enforce program requirements; requiring the State
 1047         Board of Education to adopt rules to administer the
 1048         program; creating s. 212.1832, F.S.; authorizing
 1049         certain persons to elect to direct certain state sales
 1050         and use tax revenue to be transferred to a nonprofit
 1051         scholarship-funding organization for the Hope
 1052         Scholarship Program; amending s. 1002.01, F.S.;
 1053         revising and defining terms; amending s. 1002.20;
 1054         updating educational options and terminology; amending
 1055         s. 1003.01, F.S.; redefining the term “regular school
 1056         attendance”; amending ss. 1002.385, 1002.39, 1002.395,
 1057         and 1003.26, F.S.; conforming cross-references and
 1058         provisions to changes made by the act; updating
 1059         terminology; repealing ch. 623, F.S., relating to
 1060         private school corporations, on a specified date;
 1061         amending s. 212.08, F.S.; conforming a cross
 1062         reference; repealing s. 1002.43, F.S., relating to
 1063         private tutoring programs; authorizing the Department
 1064         of Revenue to adopt emergency rules for specified
 1065         purposes; providing effective dates.