Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for HB 7055
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             03/02/2018 04:15 PM       .                                

       Senator Steube moved the following:
    1         Senate Amendment to Amendment (734058) (with directory and
    2  title amendments)
    4         Between lines 1567 and 1568
    5  insert:
    6         (j)1. May use up to 3 percent of eligible contributions
    7  received during the state fiscal year in which such
    8  contributions are collected for administrative expenses if the
    9  organization has operated as an eligible nonprofit scholarship
   10  funding organization for at least the preceding 3 fiscal years
   11  and did not have any findings of material weakness or material
   12  noncompliance in its most recent audit under paragraph (m). Such
   13  administrative expenses must be reasonable and necessary for the
   14  organization’s management and distribution of eligible
   15  contributions under this section. No funds authorized under this
   16  subparagraph shall be used for lobbying or political activity or
   17  expenses related to lobbying or political activity. Up to one
   18  third of the funds authorized for administrative expenses under
   19  this subparagraph may be used for expenses related to the
   20  recruitment of contributions from taxpayers. An eligible
   21  nonprofit scholarship-funding organization may not charge an
   22  application fee.
   23         2. Must expend for annual or partial-year scholarships an
   24  amount equal to or greater than 75 percent of the net eligible
   25  contributions remaining after administrative expenses during the
   26  state fiscal year in which such contributions are collected. For
   27  purposes of this subparagraph, the term “expend” or “expended”
   28  has the same meaning as the term “expenditure” as defined in s.
   29  216.011. No more than 25 percent of such net unexpended eligible
   30  contributions may be carried forward, and such contributions
   31  must be used for the immediately following academic year to the
   32  following state fiscal year. All amounts carried forward, for
   33  audit purposes, must be specifically identified for particular
   34  students, by student name and the name of the school to which
   35  the student is admitted, subject to the requirements of ss.
   36  1002.22 and 1002.221 and 20 U.S.C. s. 1232g, and the applicable
   37  rules and regulations issued pursuant thereto. Any amounts
   38  carried forward shall be expended for annual or partial-year
   39  scholarships in the following state fiscal year. Net unexpended
   40  eligible contributions remaining on June 30 of each year that
   41  are in excess of the 25 percent that may be carried forward
   42  shall be transferred to other eligible nonprofit scholarship
   43  funding organizations to provide scholarships for eligible
   44  students. All transferred funds must be deposited by each
   45  eligible nonprofit scholarship-funding organization receiving
   46  such funds into its scholarship account. All transferred amounts
   47  received by any eligible nonprofit scholarship-funding
   48  organization must be separately disclosed in the annual
   49  financial audit required under paragraph (m).
   50         3. Must, before granting a scholarship for an academic
   51  year, document each scholarship student’s eligibility for that
   52  academic year. A scholarship-funding organization may not grant
   53  multiyear scholarships in one approval process.
   55  Information and documentation provided to the Department of
   56  Education and the Auditor General relating to the identity of a
   57  taxpayer that provides an eligible contribution under this
   58  section shall remain confidential at all times in accordance
   59  with s. 213.053.
   61  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   62  And the directory clause is amended as follows:
   63         Delete line 1476
   64  and insert:
   65  subsection (5), paragraphs (j), (n), (o), and (p) of subsection
   66  (6),
   68  ================= T I T L E  A M E N D M E N T ================
   69  And the title is amended as follows:
   70         Delete line 4767
   71  and insert:
   72         credit; providing a definition; revising provisions
   73         governing the carrying forward of contributions for
   74         scholarships; conforming provisions to changes made by
   75         the