Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
Rule No.: RULE TITLE
6A-6.0960: Florida Tax Credit Scholarship Program
PURPOSE AND EFFECT: The purpose of the amendment is to include the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation as an entity to receive a list of organizations determined to be eligible by the Department to be listed as a nonprofit scholarship-funding organization for participation in the Florida Tax Credit Scholarship Program. In addition, should it be necessary to remove a nonprofit scholarship-funding organization from the eligibility list, the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation must be notified as well. The amendment will also revise Form IEPC SFO-1, Nonprofit Scholarship Funding Organization Participation Renewal for State Scholarship Programs, and Form IEPC SFO-2, Nonprofit Scholarship Funding Organization Participation Application for State Scholarship Programs. The effect is consistency with changes made in Chapter 2010-24, Laws of Florida by the 2010 Legislature.
SUMMARY: This amendment will require the Department to submit to the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation a list of nonprofit scholarship-funding organizations which are eligible for participation in the Florida Tax Credit Scholarship Program. In addition, should a non-profit scholarship-funding organization become ineligible, notice would be provided as well. The amendment will also require revisions to Form IEPC SFO-1, Nonprofit Scholarship Funding Organization Participation Renewal for State Scholarship Programs, and Form IEPC SFO-2, Nonprofit Scholarship Funding Organization Participation Application for State Scholarship Programs, to reflect legislative changes.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 1002.395(9)(i), (13)(d) FS.
LAW IMPLEMENTED: 1002.395 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: September 21, 2010, 9:00 a.m.
PLACE: The Capitol, Room LL03, 400 South Monroe, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Lynn Abbott at (850)245-9661 or email: lynn.abbott@fldoe.org. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mike Kooi, Executive Director, Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida; (850)245-0878

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-6.0960 Florida Tax Credit Scholarship Program.

The Florida Tax Credit Scholarship Program will be implemented as required by Section 220.187, F.S., to allow nonprofit scholarship-funding organizations to provide scholarships from eligible contributions to qualified students attending eligible private schools or public schools outside the school district in which the student resides or in a laboratory school.

(1) Eligibility of nonprofit scholarship-funding organizations.

(a) A nonprofit charitable organization may apply to be an eligible scholarship-funding organization by having its principal officer or legal representative submit documentation to the Department of Education as specified in Form IEPC SFO-1, 2010 Nonprofit Scholarship Funding Organization Participation Renewal Florida Tax Credit for State Scholarship Programs, or Form IEPC SFO-2, 2010 Nonprofit Scholarship Funding Organization Participation Application Florida Tax Credit for State Scholarship Programs, which are hereby incorporated by reference to become a part of this rule to become effective upon the effective date of this rule. The appropriate Nonprofit Scholarship-Funding Organization Form must be signed by the owner or operator, submitted annually, and be postmarked no later than February 1.

(b) through (d) No change.

(e) No later than March 15 of each year, the Department shall submit to the Florida Department of Revenue and the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation a list of organizations that it has determined to be eligible to be listed as a nonprofit scholarship-funding organization for participation in the Florida Tax Credit Scholarship Program.

(f) through (g) No change.

(h) Upon removal of an approved nonprofit scholarship-funding organization, the Department shall notify the Department of Revenue and the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation that the organization is no longer approved to participate in the program.

(2) through (9) No change.

Rulemaking Authority 1002.395(9)(i), (13)(d) FS. Law Implemented 1002.395 FS. History–New 2-5-07, Amended 11-26-08, 6-22-10,______.


NAME OF PERSON ORIGINATING PROPOSED RULE: Mike Kooi, Executive Director, Office of Independent Education and Parental Choice
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Eric Smith, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 10, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 30, 2010