Florida Senate - 2018                                    SB 1272
       
       
        
       By Senator Steube
       
       
       
       
       
       23-00722-18                                           20181272__
    1                        A bill to be entitled                      
    2         An act relating to educational choice programs;
    3         amending s. 1002.385, F.S.; revising the term
    4         “disability”; authorizing Gardiner Scholarship Program
    5         funds to be spent for specified school supplies;
    6         revising obligations of a scholarship-funding
    7         organization; providing a maximum application fee that
    8         an organization may charge for specified applicants;
    9         requiring the Auditor General to conduct operational
   10         audits of program participants at least once every 3
   11         years, instead of annually; amending s. 1002.395,
   12         F.S.; defining the term “expend”; revising student
   13         eligibility requirements for the Florida Tax Credit
   14         Scholarship Program; capping the amount of eligible
   15         contributions that an organization may use for
   16         administrative expenses; specifying that such funds
   17         may not be used for professional development or
   18         accreditation purposes; providing a maximum
   19         application fee that an organization may charge for
   20         specified applicants; authorizing, rather than
   21         requiring, a parent to notify his or her child’s
   22         school district of withdrawal of the child to attend
   23         an eligible private school; providing an effective
   24         date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Paragraph (d) of subsection (2) of section
   29  1002.385, Florida Statutes, is amended, paragraph (p) is added
   30  to subsection (5) of that section, and paragraph (b) of
   31  subsection (6), paragraph (h) of subsection (12), paragraph (g)
   32  of subsection (13), and paragraph (a) of subsection (14) of that
   33  section are amended, to read:
   34         1002.385 The Gardiner Scholarship.—
   35         (2) DEFINITIONS.—As used in this section, the term:
   36         (d) “Disability” means, for a 3- or 4-year-old child or for
   37  a student in kindergarten to grade 12, autism spectrum disorder,
   38  as defined in the Diagnostic and Statistical Manual of Mental
   39  Disorders, Fifth Edition, published by the American Psychiatric
   40  Association; cerebral palsy, as defined in s. 393.063(6); Down
   41  syndrome, as defined in s. 393.063(15); an intellectual
   42  disability, as defined in s. 393.063(24); Phelan-McDermid
   43  syndrome, as defined in s. 393.063(28); Prader-Willi syndrome,
   44  as defined in s. 393.063(29); spina bifida, as defined in s.
   45  393.063(40); being a high-risk child, as defined in s.
   46  393.063(23)(a); muscular dystrophy; Williams syndrome; rare
   47  diseases which affect patient populations of fewer than 200,000
   48  individuals in the United States, as defined by the National
   49  Organization for Rare Disorders; anaphylaxis; deaf; visually
   50  impaired; traumatic brain injured; hospital or homebound; or
   51  identification as dual sensory impaired, as defined by rules of
   52  the State Board of Education and evidenced by reports from local
   53  school districts. The term “hospital or homebound” includes a
   54  student who has a medically diagnosed physical or psychiatric
   55  condition or illness, as defined by the state board in rule, and
   56  who is confined to the home or hospital for more than 6 months.
   57         (5) AUTHORIZED USES OF PROGRAM FUNDS.—Program funds must be
   58  used to meet the individual educational needs of an eligible
   59  student and may be spent for the following purposes:
   60         (p)School supplies, including pens, pencils, erasers,
   61  crayons, notebooks, notebook filler paper, legal pads, binders,
   62  lunch boxes, construction paper, markers, folders, poster board,
   63  composition books, poster paper, scissors, cellophane tape,
   64  glue, paste, rulers, computer disks, protractors, compasses, and
   65  calculators.
   66  
   67  A provider of any services receiving payments pursuant to this
   68  subsection may not share, refund, or rebate any moneys from the
   69  Gardiner Scholarship with the parent or participating student in
   70  any manner. A parent, student, or provider of any services may
   71  not bill an insurance company, Medicaid, or any other agency for
   72  the same services that are paid for using Gardiner Scholarship
   73  funds.
   74         (6) TERM OF THE PROGRAM.—For purposes of continuity of
   75  educational choice and program integrity:
   76         (b)1. A student’s scholarship account must be closed and
   77  any remaining funds, including, but not limited to,
   78  contributions made to the Stanley G. Tate Florida Prepaid
   79  College Program or earnings from or contributions made to the
   80  Florida College Savings Program using program funds pursuant to
   81  paragraph (5)(f), shall revert to the state after:
   82         a. Denial or revocation of program eligibility by the
   83  commissioner for fraud or abuse, including, but not limited to,
   84  the student or student’s parent accepting any payment, refund,
   85  or rebate, in any manner, from a provider of any services
   86  received pursuant to subsection (5);
   87         b. Any period of 3 consecutive years after high school
   88  completion or graduation during which the student has not been
   89  enrolled in an eligible postsecondary educational institution or
   90  a program offered by the institution; or
   91         c. Three consecutive fiscal years in which an account has
   92  been inactive; or.
   93         d. The student is no longer eligible for a scholarship.
   94         2. The commissioner must notify the parent and the
   95  organization when a Gardiner Scholarship account is closed and
   96  program funds revert to the state.
   97         (12) OBLIGATIONS OF SCHOLARSHIP-FUNDING ORGANIZATIONS.—An
   98  organization may establish Gardiner Scholarships for eligible
   99  students by:
  100         (h) Notifying the parent about the availability of, and the
  101  requirements associated with requesting, an initial IEP or IEP
  102  reevaluation every 3 years for each student participating in the
  103  program.
  104         (13) FUNDING AND PAYMENT.—
  105         (g) In addition to funds appropriated for scholarship
  106  awards and subject to a separate, specific legislative
  107  appropriation, an organization may receive an amount equivalent
  108  to not more than 3 percent of the amount of each scholarship
  109  award from state funds for administrative expenses if the
  110  organization has operated as a nonprofit entity for at least the
  111  preceding 3 fiscal years and did not have any findings of
  112  material weakness or material noncompliance in its most recent
  113  audit under s. 1002.395(6)(m). Such administrative expenses must
  114  be reasonable and necessary for the organization’s management
  115  and distribution of scholarships under this section. Funds
  116  authorized under this paragraph may not be used for lobbying or
  117  political activity or expenses related to lobbying or political
  118  activity. An organization may not charge more than $35 for an
  119  application fee to a family that applies for a scholarship on
  120  behalf of one or more children of the family for a scholarship.
  121  Administrative expenses may not be deducted from funds
  122  appropriated for scholarship awards.
  123         (14) OBLIGATIONS OF THE AUDITOR GENERAL.—
  124         (a) The Auditor General shall conduct an annual operational
  125  audit of accounts and records of each organization that
  126  participates in the program at least once every 3 years. As part
  127  of this audit, the Auditor General shall verify, at a minimum,
  128  the total number of students served and the eligibility of
  129  reimbursements made by the organization and transmit that
  130  information to the department. The Auditor General shall provide
  131  the commissioner with a copy of each annual operational audit
  132  performed pursuant to this subsection within 10 days after the
  133  audit is finalized.
  134         Section 2. Present paragraphs (h) through (k) of subsection
  135  (2) of section 1002.395, Florida Statutes, are redesignated as
  136  paragraphs (i) through (l), respectively, a new paragraph (h) is
  137  added to that subsection, and paragraph (b) of subsection (3),
  138  paragraphs (b), (e), and (j) of subsection (6), and paragraph
  139  (b) of subsection (7) of section 1002.395, Florida Statutes, are
  140  amended, to read:
  141         1002.395 Florida Tax Credit Scholarship Program.—
  142         (2) DEFINITIONS.—As used in this section, the term:
  143         (h) “Expend” means to incur a legal obligation to disburse
  144  money.
  145         (3) PROGRAM; SCHOLARSHIP ELIGIBILITY.—
  146         (b) A student is eligible for a Florida tax credit
  147  scholarship under this section if the student is a resident of
  148  this state and meets one or more of the following criteria:
  149         1. The student is on the direct certification list or the
  150  student’s household income level does not exceed 185 percent of
  151  the federal poverty level; or
  152         2. The student is currently placed, or during the previous
  153  state fiscal year was placed, in foster care or in out-of-home
  154  care as defined in s. 39.01; or.
  155         3. The student’s household income level is greater than 185
  156  percent of the federal poverty level but does not exceed 260
  157  percent of the federal poverty level.
  158  
  159  A student who initially receives a scholarship based on
  160  eligibility under subparagraph (b)2. remains eligible to
  161  participate until the student graduates from high school or
  162  attains the age of 21 years, whichever occurs first, regardless
  163  of the student’s household income level. A sibling of a student
  164  who is participating in the scholarship program under this
  165  subsection is eligible for a scholarship if the student resides
  166  in the same household as the sibling.
  167         (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
  168  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
  169  organization:
  170         (b) Must comply with the following background check
  171  requirements:
  172         1. All owners and operators as defined in subparagraph
  173  (2)(j)1. (2)(i)1. are, before employment or engagement to
  174  provide services, subject to level 2 background screening as
  175  provided under chapter 435. The fingerprints for the background
  176  screening must be electronically submitted to the Department of
  177  Law Enforcement and can be taken by an authorized law
  178  enforcement agency or by an employee of the eligible nonprofit
  179  scholarship-funding organization or a private company who is
  180  trained to take fingerprints. However, the complete set of
  181  fingerprints of an owner or operator may not be taken by the
  182  owner or operator. The results of the state and national
  183  criminal history check shall be provided to the Department of
  184  Education for screening under chapter 435. The cost of the
  185  background screening may be borne by the eligible nonprofit
  186  scholarship-funding organization or the owner or operator.
  187         2. Every 5 years following employment or engagement to
  188  provide services or association with an eligible nonprofit
  189  scholarship-funding organization, each owner or operator must
  190  meet level 2 screening standards as described in s. 435.04, at
  191  which time the nonprofit scholarship-funding organization shall
  192  request the Department of Law Enforcement to forward the
  193  fingerprints to the Federal Bureau of Investigation for level 2
  194  screening. If the fingerprints of an owner or operator are not
  195  retained by the Department of Law Enforcement under subparagraph
  196  3., the owner or operator must electronically file a complete
  197  set of fingerprints with the Department of Law Enforcement. Upon
  198  submission of fingerprints for this purpose, the eligible
  199  nonprofit scholarship-funding organization shall request that
  200  the Department of Law Enforcement forward the fingerprints to
  201  the Federal Bureau of Investigation for level 2 screening, and
  202  the fingerprints shall be retained by the Department of Law
  203  Enforcement under subparagraph 3.
  204         3. Fingerprints submitted to the Department of Law
  205  Enforcement as required by this paragraph must be retained by
  206  the Department of Law Enforcement in a manner approved by rule
  207  and entered in the statewide automated biometric identification
  208  system authorized by s. 943.05(2)(b). The fingerprints must
  209  thereafter be available for all purposes and uses authorized for
  210  arrest fingerprints entered in the statewide automated biometric
  211  identification system pursuant to s. 943.051.
  212         4. The Department of Law Enforcement shall search all
  213  arrest fingerprints received under s. 943.051 against the
  214  fingerprints retained in the statewide automated biometric
  215  identification system under subparagraph 3. Any arrest record
  216  that is identified with an owner’s or operator’s fingerprints
  217  must be reported to the Department of Education. The Department
  218  of Education shall participate in this search process by paying
  219  an annual fee to the Department of Law Enforcement and by
  220  informing the Department of Law Enforcement of any change in the
  221  employment, engagement, or association status of the owners or
  222  operators whose fingerprints are retained under subparagraph 3.
  223  The Department of Law Enforcement shall adopt a rule setting the
  224  amount of the annual fee to be imposed upon the Department of
  225  Education for performing these services and establishing the
  226  procedures for the retention of owner and operator fingerprints
  227  and the dissemination of search results. The fee may be borne by
  228  the owner or operator of the nonprofit scholarship-funding
  229  organization.
  230         5. A nonprofit scholarship-funding organization whose owner
  231  or operator fails the level 2 background screening is not
  232  eligible to provide scholarships under this section.
  233         6. A nonprofit scholarship-funding organization whose owner
  234  or operator in the last 7 years has filed for personal
  235  bankruptcy or corporate bankruptcy in a corporation of which he
  236  or she owned more than 20 percent shall not be eligible to
  237  provide scholarships under this section.
  238         7. In addition to the offenses listed in s. 435.04, a
  239  person required to undergo background screening pursuant to this
  240  part or authorizing statutes must not have an arrest awaiting
  241  final disposition for, must not have been found guilty of, or
  242  entered a plea of nolo contendere to, regardless of
  243  adjudication, and must not have been adjudicated delinquent, and
  244  the record must not have been sealed or expunged for, any of the
  245  following offenses or any similar offense of another
  246  jurisdiction:
  247         a. Any authorizing statutes, if the offense was a felony.
  248         b. This chapter, if the offense was a felony.
  249         c. Section 409.920, relating to Medicaid provider fraud.
  250         d. Section 409.9201, relating to Medicaid fraud.
  251         e. Section 741.28, relating to domestic violence.
  252         f. Section 817.034, relating to fraudulent acts through
  253  mail, wire, radio, electromagnetic, photoelectronic, or
  254  photooptical systems.
  255         g. Section 817.234, relating to false and fraudulent
  256  insurance claims.
  257         h. Section 817.505, relating to patient brokering.
  258         i. Section 817.568, relating to criminal use of personal
  259  identification information.
  260         j. Section 817.60, relating to obtaining a credit card
  261  through fraudulent means.
  262         k. Section 817.61, relating to fraudulent use of credit
  263  cards, if the offense was a felony.
  264         l. Section 831.01, relating to forgery.
  265         m. Section 831.02, relating to uttering forged instruments.
  266         n. Section 831.07, relating to forging bank bills, checks,
  267  drafts, or promissory notes.
  268         o. Section 831.09, relating to uttering forged bank bills,
  269  checks, drafts, or promissory notes.
  270         p. Section 831.30, relating to fraud in obtaining medicinal
  271  drugs.
  272         q. Section 831.31, relating to the sale, manufacture,
  273  delivery, or possession with the intent to sell, manufacture, or
  274  deliver any counterfeit controlled substance, if the offense was
  275  a felony.
  276         (e) Must give first priority to eligible students who
  277  received a scholarship from an eligible nonprofit scholarship
  278  funding organization or from the State of Florida during the
  279  previous school year and who applied to participate in an
  280  eligible nonprofit scholarship-funding organization’s program by
  281  the date set by the organization. Beginning in the 2016-2017
  282  school year, An eligible nonprofit scholarship-funding
  283  organization shall give priority to new applicants whose
  284  household income levels do not exceed 185 percent of the federal
  285  poverty level or who are in foster care or out-of-home care.
  286         (j)1. May use the lesser of $20 million or up to 3 percent
  287  of eligible contributions received during the state fiscal year
  288  in which such contributions are collected for administrative
  289  expenses if the organization has operated as an eligible
  290  nonprofit scholarship-funding organization for at least the
  291  preceding 3 fiscal years and did not have any findings of
  292  material weakness or material noncompliance in its most recent
  293  audit under paragraph (m). Such administrative expenses must be
  294  reasonable and necessary for the organization’s management and
  295  distribution of eligible contributions under this section. No
  296  Funds authorized under this subparagraph may not shall be used
  297  for professional development or the accreditation of
  298  participating schools; for lobbying or political activity; or
  299  for expenses related to the provision of professional
  300  development or the accreditation of participating schools,
  301  lobbying, or political activity. Up to one-third of the funds
  302  authorized for administrative expenses under this subparagraph
  303  may be used for expenses related to the recruitment of
  304  contributions from taxpayers. An eligible nonprofit scholarship
  305  funding organization may not charge more than $35 for an
  306  application fee to a family that applies for a scholarship on
  307  behalf of one or more children of the family.
  308         2. Must expend for annual or partial-year scholarships an
  309  amount equal to or greater than 75 percent of the net eligible
  310  contributions remaining after administrative expenses during the
  311  state fiscal year in which such contributions are collected. No
  312  more than 25 percent of such net unexpended eligible
  313  contributions may be carried forward to the following state
  314  fiscal year. All amounts carried forward, for audit purposes,
  315  must be specifically identified for particular students, by
  316  student name and the name of the school to which the student is
  317  admitted, subject to the requirements of ss. 1002.22 and
  318  1002.221 and 20 U.S.C. s. 1232g, and the applicable rules and
  319  regulations issued pursuant thereto. Any amounts carried forward
  320  shall be expended for annual or partial-year scholarships in the
  321  following state fiscal year. Net unexpended eligible
  322  contributions remaining on June 30 of each year that are in
  323  excess of the 25 percent that may be carried forward shall be
  324  transferred to other eligible nonprofit scholarship-funding
  325  organizations to provide scholarships for eligible students. All
  326  transferred funds must be deposited by each eligible nonprofit
  327  scholarship-funding organization receiving such funds into its
  328  scholarship account. All transferred amounts received by any
  329  eligible nonprofit scholarship-funding organization must be
  330  separately disclosed in the annual financial audit required
  331  under paragraph (m).
  332         3. Must, before granting a scholarship for an academic
  333  year, document each scholarship student’s eligibility for that
  334  academic year. A scholarship-funding organization may not grant
  335  multiyear scholarships in one approval process.
  336  
  337  Information and documentation provided to the Department of
  338  Education and the Auditor General relating to the identity of a
  339  taxpayer that provides an eligible contribution under this
  340  section shall remain confidential at all times in accordance
  341  with s. 213.053.
  342         (7) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
  343  PARTICIPATION.—
  344         (b) The parent may must inform the child’s school district
  345  when the parent withdraws his or her child to attend an eligible
  346  private school.
  347         Section 3. This act shall take effect July 1, 2018.