Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1220
       
       
       
       
       
       
                                Ì9038726Î903872                         
       
                              LEGISLATIVE ACTION                        
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       Senator Lee moved the following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete lines 202 - 307
    4  and insert:
    5  students annually on a first-come, first-served basis beginning
    6  in with the 2019-2020 school year. Beginning in the 2020-2021
    7  school year, the maximum number of students participating in the
    8  scholarship program under this section shall may annually
    9  increase by 1.0 0.25 percent of the state’s total public school
   10  student enrollment.
   11         (b) The scholarship amount provided to a student for any
   12  single school year shall be for tuition and fees for an eligible
   13  private school, not to exceed annual limits, which shall be
   14  determined in accordance with this paragraph. The calculated
   15  amount for a student to attend an eligible private school shall
   16  be based upon the grade level and school district in which the
   17  student was assigned as 95 percent of the funds per unweighted
   18  full-time equivalent in the Florida Education Finance Program
   19  for a student in the basic program established pursuant to s.
   20  1011.62(1)(c)1., plus a per-full-time equivalent share of funds
   21  for all categorical programs, except for the Exceptional Student
   22  Education Guaranteed Allocation and the Teacher Salary Increase
   23  Allocation.
   24         Section 2. Subsection (3), paragraphs (e) and (f) of
   25  subsection (6), and paragraph (a) of subsection (11) of section
   26  1002.395, Florida Statutes, are amended to read:
   27         1002.395 Florida Tax Credit Scholarship Program.—
   28         (3) PROGRAM; INITIAL SCHOLARSHIP ELIGIBILITY.—
   29         (a) The Florida Tax Credit Scholarship Program is
   30  established.
   31         (b) A student is eligible for a Florida tax credit
   32  scholarship under this section if the student meets one or more
   33  of the following criteria:
   34         1. The student is on the direct certification list or the
   35  student’s household income level does not exceed 260 185 percent
   36  of the federal poverty level; or
   37         2. The student is currently placed, or during the previous
   38  state fiscal year was placed, in foster care or in out-of-home
   39  care as defined in s. 39.01.
   40         3. The student’s household income level is greater than 185
   41  percent of the federal poverty level but does not exceed 260
   42  percent of the federal poverty level.
   43  
   44  Priority must be given to a student whose household income level
   45  does not exceed 185 percent of the federal poverty level or who
   46  is in foster care or out-of-home care. A student who initially
   47  receives a scholarship based on eligibility under this paragraph
   48  subparagraph (b)2. remains eligible to participate until he or
   49  she the student graduates from high school or attains the age of
   50  21 years, whichever occurs first, regardless of the student’s
   51  household income level. A student who initially received a
   52  scholarship based on income eligibility before the 2019-2020
   53  school year remains eligible to participate until he or she
   54  graduates from high school, attains the age of 21 years, or the
   55  student’s household income level exceeds 260 percent of the
   56  federal poverty level, whichever occurs first. A sibling of a
   57  student who is participating in the scholarship program under
   58  this subsection is eligible for a scholarship if the student
   59  resides in the same household as the sibling.
   60         (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
   61  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
   62  organization:
   63         (e) Must give first priority to eligible renewal students
   64  who received a full-time scholarship from an eligible nonprofit
   65  scholarship-funding organization or from the State of Florida
   66  during the previous school year. The eligible nonprofit
   67  scholarship-funding organization must fully apply and exhaust
   68  all funds available under this section and s. 1002.40(11)(i) for
   69  renewal scholarship awards before awarding any initial
   70  scholarships Beginning in the 2016-2017 school year, an eligible
   71  nonprofit scholarship-funding organization shall give priority
   72  to new applicants whose household income levels do not exceed
   73  185 percent of the federal poverty level or who are in foster
   74  care or out-of-home care.
   75         (f) Must provide a renewal or initial scholarship to an
   76  eligible student on a first-come, first-served basis unless the
   77  student qualifies for priority pursuant to paragraph (e). Each
   78  eligible nonprofit scholarship-funding organization must refer
   79  any student eligible for a scholarship pursuant to this section
   80  who did not receive a renewal or initial scholarship based
   81  solely on the lack of available funds under this section and s.
   82  1002.40(11)(i) to another eligible nonprofit scholarship-funding
   83  organization that may have funds available.
   84  
   85  Information and documentation provided to the Department of
   86  Education and the Auditor General relating to the identity of a
   87  taxpayer that provides an eligible contribution under this
   88  section shall remain confidential at all times in accordance
   89  with s. 213.053.
   90         (11) SCHOLARSHIP AMOUNT AND PAYMENT.—
   91         (a) The scholarship amount provided to any student for any
   92  single school year by an eligible nonprofit scholarship-funding
   93  organization from eligible contributions shall be for total
   94  costs authorized under paragraph (6)(d), not to exceed annual
   95  limits, which shall be determined as follows:
   96         1. For a student who received a scholarship in the 2018
   97  2019 school year, who remains eligible, and who is enrolled in
   98  an eligible private school, the amount shall be the greater
   99  amount calculated pursuant to subparagraph 2. or a percentage of
  100  the unweighted FTE funding amount for the 2018-2019 state fiscal
  101  year and thereafter as follows:
  102         a. Eighty-eight percent for a student enrolled in
  103  kindergarten through grade 5.
  104         b. Ninety-two percent for a student enrolled in grade 6
  105  through grade 8.
  106         c. Ninety-six percent for a student enrolled in grade 9
  107  through grade 12.
  108         2. For students initially eligible in the 2019-2020 school
  109  year or thereafter, the calculated amount for a student to
  110  attend an eligible private school shall be based upon the grade
  111  level and school district in which the student resides as 95
  112  percent of the funds per unweighted full-time equivalent in the
  113  Florida Education Finance Program for a student in the basic
  114  program established pursuant to s. 1011.62(1)(c)1., plus a per
  115  full-time equivalent share of funds for all categorical
  116  programs, except for the Exceptional Student Education
  117  Guaranteed Allocation and the Teacher Salary Increase
  118  Allocation.
  119         3. The scholarship amount awarded to a student enrolled in
  120  a Florida public school in which a student is enrolled and that
  121  is different from the school to which the student was assigned
  122  or in a lab school as defined in s. 1002.32, is limited to $750.
  123         Section 3. Paragraphs (a) and (i) of subsection (11) of
  124  section 1002.40, Florida Statutes, are amended to read:
  125         1002.40 The Hope Scholarship Program.—
  126         (11) FUNDING AND PAYMENT.—
  127         (a) For students initially eligible in the 2019-2020 school
  128  year or thereafter, the calculated amount for a student to
  129  attend an eligible private school shall be based upon the grade
  130  level and school district in which the student was assigned as
  131  95 percent of the funds per unweighted full-time equivalent in
  132  the Florida Education Finance Program for a student in the basic
  133  program established pursuant to s. 1011.62(1)(c)1., plus a per
  134  full-time equivalent share of funds for all categorical
  135  programs, except for the Exceptional Student Education
  136  Guaranteed Allocation and the Teacher Salary Increase
  137  Allocation.
  138         (i) Notwithstanding s. 1002.395(6)(j)2., no more than 5
  139  percent of net eligible contributions may be carried forward to
  140  the following state fiscal year by an eligible scholarship
  141  funding organization. For audit purposes, all amounts carried
  142  forward must be specifically identified for individual students
  143  by student name and by the name of the school to which the
  144  student is admitted, subject to the requirements of ss. 1002.21
  145  and 1002.22 and 20 U.S.C. s. 1232g, and the applicable rules and
  146  regulations issued pursuant to such requirements. Any amounts
  147  carried forward shall be expended for annual scholarships or
  148  partial-year scholarships in the following state fiscal year.
  149  Net eligible contributions remaining on June 30 of each year
  150  which are in excess of the 5 percent that may be carried forward
  151  shall be transferred to other eligible nonprofit scholarship
  152  funding organizations participating in the Hope Scholarship
  153  Program to provide scholarships for eligible students. All
  154  transferred funds must be deposited by each eligible nonprofit
  155  scholarship-funding organization receiving such funds into the
  156  scholarship account of eligible students. All transferred
  157  amounts received by an eligible nonprofit scholarship-funding
  158  organization must be separately disclosed in the annual
  159  financial audit requirement under s. 1002.395(6)(m). If no other
  160  eligible nonprofit scholarship-funding organization participates
  161  in the Hope Scholarship Program, net eligible contributions in
  162  excess of the 5 percent may be used to fund scholarships for
  163  students eligible under s. 1002.395 only after fully exhausting
  164  all contributions made in support of scholarships under that
  165  section in accordance with the priority established in s.
  166  1002.395(6)(e) before awarding any initial scholarships s.
  167  1002.395(3).
  168  
  169  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  170  And the directory clause is amended as follows:
  171         Delete line 45
  172  and insert:
  173  and (7), paragraph (c) of subsection (8), and paragraphs (a) and
  174  (b) of
  175  
  176  ================= T I T L E  A M E N D M E N T ================
  177  And the title is amended as follows:
  178         Delete lines 21 - 35
  179  and insert:
  180         creating a new exception for scholarship funding for
  181         the Family Empowerment Scholarship; amending s.
  182         1002.395, F.S.; revising eligibility criteria for the
  183         Florida Tax Credit Scholarship Program and applying
  184         the criteria only to initial eligibility; requiring
  185         that priority be given to students whose household
  186         income levels do not exceed a specified amount or who
  187         are in foster care or out-of-home care; requiring
  188         scholarship-funding organizations to prioritize
  189         renewal scholarships over initial scholarships;
  190         requiring a scholarship-funding organization to refer
  191         students who did not receive a scholarship because of
  192         lack of funds to another scholarship-funding
  193         organization; providing an exception from a funding
  194         formula under the Florida Tax Credit Scholarship
  195         Program; amending s. 1002.40, F.S.; providing an
  196         exception from funding formulas under the Hope
  197         Scholarship Program; requiring scholarship-funding
  198         organizations to use excess contributions to fund
  199         scholarships for specified students under certain
  200         conditions; providing