Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. PCS (308678) for CS for SB 48
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Appropriations Subcommittee on Education (Cruz) recommended the
    1         Senate Amendment 
    3         Delete lines 1664 - 1856
    4  and insert:
    5  established to provide children of families in this state which
    6  have limited financial resources with educational options to
    7  achieve success in their education.
    8         (2) DEFINITIONS.—As used in this section, the term:
    9         (a) “Approved provider” means a provider approved by the
   10  department “Department” means the Department of Education.
   11         (b) “Curriculum” means a complete course of study for a
   12  particular content area or grade level, including any required
   13  supplemental materials, teachers’ manuals, and associated online
   14  instruction.
   15         (c) “Department” means the Department of Education.
   16         (d) “Direct certification list” means the certified list of
   17  children who qualify for the food assistance program, the
   18  Temporary Assistance for Needy Families Program, or the Food
   19  Distribution Program on Indian Reservations provided to the
   20  Department of Education by the Department of Children and
   21  Families.
   22         (e) “Eligible nonprofit scholarship-funding organization”
   23  or “organization” means a state university, an independent
   24  college or university that is eligible to participate in the
   25  William L. Boyd, IV, Effective Access to Student Education Grant
   26  Program located and chartered in this state which is not for
   27  profit and is accredited by the Commission on Colleges of the
   28  Southern Association of Colleges and Schools, or is a charitable
   29  organization that: has the same meaning as provided in s.
   30  1002.395(2)(f).
   31         1. Is exempt from federal income tax pursuant to s.
   32  501(c)(3) of the Internal Revenue Code;
   33         2. Is a Florida entity formed under chapter 605, chapter
   34  607, or chapter 617 and whose principal office is located in
   35  this state; and
   36         3. Complies with subsections (11) and (14).
   37         (f) “Eligible postsecondary educational institution” means
   38  a Florida College System institution; a state university; a
   39  school district technical center; a school district adult
   40  general education center; an independent college or university
   41  that is eligible to participate in the William L. Boyd, IV,
   42  Effective Access to Student Education Grant Program under s.
   43  1009.89; or an accredited independent postsecondary educational
   44  institution, as defined in s. 1005.02, which is licensed to
   45  operate in this state under part III of chapter 1005.
   46         (g)(c) “Eligible private school” means a private school as
   47  defined in s. 1002.01 located in this state which offers an
   48  education to students in any grade from Kindergarten through
   49  grade 12 and:
   50         1. Meets the requirements of ss. 1002.42 and 1002.421; and
   51         2. Meets the applicable requirements imposed under this
   52  chapter, if the private school participates in a scholarship
   53  program under this chapter has the same meaning as provided in
   54  s. 1002.395(2)(g).
   55         (h) “Household income” has the same meaning as the term
   56  “income” as defined in the Income Eligibility Guidelines for
   57  free and reduced price meals under the National School Lunch
   58  Program in 7 C.F.R. part 210 as published in the Federal
   59  Register by the United States Department of Agriculture.
   60         (i) “Inactive” means that no eligible expenditures have
   61  been made from a student scholarship account funded pursuant to
   62  this section.
   63         (j) “Incident” means battery; harassment; hazing; bullying;
   64  kidnapping; physical attack; robbery; sexual offenses,
   65  harassment, assault, or battery; threat or intimidation; or
   66  fighting at school, as defined by the department in accordance
   67  with s. 1006.147(4).
   68         (k) “Owner or operator” includes:
   69         1. An owner, president, officer, or director of an eligible
   70  nonprofit scholarship-funding organization or a person with
   71  equivalent decisionmaking authority over an eligible nonprofit
   72  scholarship-funding organization.
   73         2. An owner, operator, superintendent, or principal of an
   74  eligible private school or a person with equivalent
   75  decisionmaking authority over an eligible private school.
   76         (l)(d) “Parent” means a resident of this state who is a
   77  parent, as defined in s. 1000.21.
   78         (m)(e) “Program” means the Family Empowerment Scholarship
   79  Program.
   80         (n) “School” means any educational program or activity
   81  conducted by a public K-12 educational institution, any school
   82  related or school-sponsored program or activity, and riding on a
   83  school bus as defined in s. 1006.25(1), including waiting at a
   84  school bus stop.
   85         (3) INITIAL SCHOLARSHIP ELIGIBILITY.—A student is eligible
   86  for a Family Empowerment Scholarship under this section if the
   87  student meets the following criteria:
   88         (a)1. The student is on the direct certification list
   89  pursuant to s. 1002.395(2)(c) or the student’s household income
   90  level does not exceed 300 185 percent of the federal poverty
   91  level or an adjusted maximum percent of the federal poverty
   92  level established pursuant to paragraph (e); or
   93         2. The student is:
   94         a. Currently placed, or during the previous state fiscal
   95  year was placed, in foster care or in out-of-home care as
   96  defined in s. 39.01;
   97         b.A sibling of a student who is participating in the
   98  scholarship program under this subsection, if the student
   99  resides in the same household as the sibling;
  100         c. A sibling of a student who is participating in the
  101  scholarship program under s. 1002.381, if the student resides in
  102  the same household as the sibling and attends the same school;
  103  or
  104         d. Enrolled in a Florida public school in kindergarten
  105  through grade 12 and reported an incident in accordance with
  106  paragraph (7)(b)
  107         3.The student’s household income level does not exceed 300
  108  percent of the federal poverty level or an adjusted maximum
  109  percent of the federal poverty level as established pursuant to
  110  paragraph (e).
  112  A student who initially receives a scholarship based on
  113  eligibility under this paragraph subparagraph 2. remains
  114  eligible to participate until the student graduates from high
  115  school or attains the age of 21 years, whichever occurs first,
  116  regardless of the student’s household income level. A sibling of
  117  a student who is participating in the scholarship program under
  118  this subsection is eligible for a scholarship if the student
  119  resides in the same household as the sibling.
  120         (b)1. The student is eligible to enroll in kindergarten
  121  through grade 12 in a public school in this state;
  122         2. The student has spent the prior school year in
  123  attendance at a Florida public school; or
  124         3. Beginning with the 2020-2021 school year, the student
  125  received a scholarship pursuant to s. 1002.395 during the
  126  previous school year but did not receive a renewal scholarship
  127  based solely on the eligible nonprofit scholarship-funding
  128  organization’s lack of available funds after the organization
  129  fully exhausts its efforts to use funds available for awards
  130  under ss. 1002.395 and 1002.40(11)(i). Eligible nonprofit
  131  scholarship-funding organizations with students who meet the
  132  eligibility criterion of this subparagraph must annually notify
  133  the department in a format and by a date established by the
  134  department.
  136  For purposes of this paragraph, the term “prior school year in
  137  attendance” means that the student was enrolled full time and
  138  reported by a school district for funding during the preceding
  139  October and February Florida Education Finance Program surveys
  140  in kindergarten through grade 12, which includes time spent in a
  141  Department of Juvenile Justice commitment program if funded
  142  under the Florida Education Finance Program. However, a
  143  dependent child of a member of the United States Armed Forces
  144  who transfers to a school in this state from out of state or
  145  from a foreign country due to a parent’s permanent change of
  146  station orders or a foster child is exempt from the prior public
  147  school attendance requirement under this paragraph, but must
  148  meet the other eligibility requirements specified under this
  149  section to participate in the program.
  150         (c) The parent has applied to an eligible nonprofit
  151  scholarship-funding organization to participate in the program
  152  by a date set by the organization obtained acceptance for
  153  admission of the student to a private school that is eligible
  154  for the program under subsection (8), and the parent has
  155  requested a scholarship from the Department of Education by a
  156  date established by the department pursuant to paragraph (7)(e),
  157  but no later than at least 60 days before the date of the first
  158  scholarship payment. The application request must be
  159  communicated directly to the organization department in a manner
  160  that creates a written or electronic record of the application
  161  request and the date of receipt of the application request. The
  162  department must notify the school district of the parent’s
  163  intent upon receipt of the parent’s request.
  164         (d) The student is awarded a scholarship in accordance with
  165  the following priority order:
  166         1. An eligible student who received a Family Empowerment
  167  Scholarship during the previous school year, or a Florida Tax
  168  Credit Scholarship or Hope Scholarship during the 2020-2021
  169  school year, and requested a renewal scholarship award.
  170         2. An eligible student who meets the criteria for an
  171  initial award under both paragraphs paragraph (a) and (b) and
  172  was retained on the previous school year’s wait list
  173  subparagraph (b)3.
  174         3. An eligible student who meets the criteria for an
  175  initial award under sub-subparagraph (a)2.a., sub-subparagraph
  176  (a)2.b., sub-subparagraph (a)2.d., or paragraph (b) subparagraph
  177  (b)2. and either subparagraph (a)1. or subparagraph (a)2.
  178         4. An eligible student who meets the criteria for an
  179  initial award under subparagraph (a)1. (b)1. and paragraph (b),
  180  and the student’s household income level does not exceed 185
  181  percent of the federal poverty level either subparagraph (a)1.
  182  or subparagraph (a)2.
  183         5. An eligible student who meets the criteria for an
  184  initial award under subparagraph (a)1. (a)3. and, paragraph (b)
  185  in priority order, either subparagraph (b)2. or subparagraph
  186  (b)1.
  187         6. An eligible student who meets the criteria for an
  188  initial award under sub-subparagraph (a)2.c. and paragraph (b).
  190  An approved student who does not receive a scholarship must be
  191  placed on the wait list in the order in which his or her
  192  application is approved. An eligible student who does not
  193  receive a scholarship within the fiscal year must be retained on
  194  the wait list for the subsequent year.
  195         (e) The student’s household income level does not exceed an
  196  adjusted maximum percent of the federal poverty level that is
  197  increased by 25 percentage points percent in the fiscal year
  198  following any fiscal