Florida Senate - 2024 SB 7048
By the Committee on Education Pre-K -12
581-02693-24 20247048__
1 A bill to be entitled
2 An act relating to education; amending s. 212.1832,
3 F.S.; providing definitions; expanding the credit
4 contributions for eligible nonprofit scholarship
5 funding organizations; providing requirements for such
6 contributions; providing requirements for dealers,
7 designated agents, private tag agents, and such
8 organizations relating to such contributions;
9 providing criminal penalties; requiring persons
10 convicted of a specified offense to make restitutions
11 to certain eligible nonprofit scholarship-funding
12 organizations; requiring the Department of Revenue to
13 notify affected organizations of specified dealer
14 information under certain circumstances; providing
15 penalties for certain dealers, designated agents,
16 private tag agents, and such organizations; amending
17 s. 213.053, F.S.; conforming cross-references to
18 changes made by the act; amending s. 1002.394, F.S.;
19 revising eligibility requirements for the Family
20 Empowerment Scholarship Program; providing that
21 equipment used as instructional materials may only be
22 purchased for specified academic subjects; providing
23 that transition services are a coordinated set of
24 specified activities; authorizing funds to be used for
25 certain prekindergarten programs; prohibiting certain
26 eligible students from enrolling in public schools;
27 providing an exemption to a prohibition against
28 receiving other educational scholarships; providing
29 additional criteria for the closure of scholarship
30 accounts and the reversion of funds to the state;
31 revising the information that such organizations must
32 include in their quarterly reports; authorizing the
33 Department of Education to provide guidance to certain
34 private schools; revising the documentation that
35 private schools must provide to such organizations;
36 revising the process for parents to provide certain
37 notification to such organizations; prohibiting a
38 parent from applying for multiple scholarships under
39 specified programs for a single student at the same
40 time; requiring such organizations to establish
41 certain processes; requiring such organizations to
42 submit specified information to the department;
43 deleting a requirement that certain students be placed
44 on a wait list; requiring such organizations to
45 provide certain notification to parents; revising
46 provisions relating to a specified administrative fee;
47 revising provisions relating to increasing the number
48 of certain scholarships; revising provisions relating
49 to the payment and disbursement of funds; amending s.
50 1002.395, F.S.; revising eligibility requirements for
51 the Florida Tax Credit Scholarship Program;
52 prohibiting certain eligible students from enrolling
53 in public schools; providing an exemption to a
54 prohibition against receiving other educational
55 scholarships; providing that equipment used as
56 instructional materials may only be purchased for
57 specified academic subjects; revising the process for
58 parents to provide certain notification to such
59 organizations; prohibiting a parent from applying for
60 multiple scholarships under specified programs for a
61 single student at the same time; requiring such
62 organizations to establish certain processes;
63 requiring such organizations to assist the Florida
64 Center for Students with Unique Abilities with the
65 development of specified guidelines and to publish
66 such guidelines on their websites; revising department
67 notification requirements; revising the information
68 that such organizations must include in their
69 quarterly reports; revising provisions relating to the
70 payment and disbursement of funds; authorizing a
71 charitable organization to apply at any time to
72 participate in the program as a scholarship-funding
73 organization; amending s. 1002.40, F.S.; revising
74 requirements for the Hope Scholarship Program;
75 amending s. 1002.421, F.S.; revising requirements for
76 regular and direct contact for certain students;
77 amending s. 1002.45, F.S.; deleting a requirement that
78 virtual instruction program providers be nonsectarian;
79 amending s. 1003.4156, F.S.; providing that certain
80 requirements apply to middle grade students
81 transferring from a personalized education program;
82 amending s. 1003.4282, F.S.; providing that certain
83 requirements apply to high school students
84 transferring from a personalized education program;
85 amending s. 1003.485, F.S.; conforming cross
86 references to changes made by the act; amending s.
87 1004.6495, F.S.; requiring the Florida Center for
88 Students with Unique Abilities to develop specified
89 purchasing guidelines by a specified date and annually
90 revise such guidelines; providing requirements for the
91 development and revision of such guidelines; requiring
92 that such guidelines be provided to specified eligible
93 nonprofit scholarship-funding organizations; providing
94 effective dates.
95
96 Be It Enacted by the Legislature of the State of Florida:
97
98 Section 1. Section 212.1832, Florida Statutes, is amended
99 to read:
100 212.1832 Credit for contributions to eligible nonprofit
101 scholarship-funding organizations.—
102 (1) As used in this section, the term:
103 (a) “Designated agent” has the same meaning as in s.
104 212.06(10).
105 (b) “Eligible contribution” or “contribution” means a
106 monetary contribution from a person purchasing a motor vehicle,
107 subject to the restrictions provided in this section, to an
108 eligible nonprofit scholarship-funding organization. The person
109 making the contribution may not designate a specific student as
110 the beneficiary of the contribution.
111 (c) “Eligible nonprofit scholarship-funding organization”
112 or “organization” has the same meaning as in s. 1002.395(2).
113 (d) “Motor vehicle” has the same meaning as in s.
114 320.01(1)(a), but does not include a heavy truck, truck tractor,
115 trailer, or motorcycle.
116 (2)(1) The purchaser of a motor vehicle shall be granted a
117 credit of 100 percent of an eligible contribution made to an
118 eligible nonprofit scholarship-funding organization under this
119 section s. 1002.40 against any tax imposed by the state under
120 this chapter and collected from the purchaser by a dealer,
121 designated agent, or private tag agent as a result of the
122 purchase or acquisition of a motor vehicle, except that a credit
123 may not exceed the tax that would otherwise be collected from
124 the purchaser by a dealer, designated agent, or private tag
125 agent. Each eligible contribution is limited to a single payment
126 of $105 per motor vehicle purchased at the time of purchase of a
127 motor vehicle or a single payment of $105 per motor vehicle
128 purchased at the time of registration of a motor vehicle that
129 was not purchased from a dealer, except that a contribution may
130 not exceed the state tax imposed under this chapter that would
131 otherwise be collected from the purchaser by a dealer,
132 designated agent, or private tag agent. Payments of
133 contributions shall be made to a dealer at the time of purchase
134 of a motor vehicle or to a designated agent or private tag agent
135 at the time of registration of a motor vehicle that was not
136 purchased from a dealer. An eligible contribution shall be
137 accompanied by a contribution election form provided by the
138 Department of Revenue. The form shall include, at a minimum, the
139 following brief description of the Florida Tax Credit
140 Scholarship Program: “THE FLORIDA TAX CREDIT SCHOLARSHIP PROGRAM
141 PROVIDES A STUDENT THE OPPORTUNITY TO APPLY FOR A SCHOLARSHIP TO
142 ATTEND AN ELIGIBLE PRIVATE SCHOOL OR PERSONALIZE HIS OR HER
143 EDUCATION.” The form shall also include, at a minimum, a section
144 allowing the consumer to designate, from all participating
145 scholarship-funding organizations, which organization will
146 receive his or her donation. For purposes of this subsection,
147 the term “purchase” does not include the lease or rental of a
148 motor vehicle.
149 (3)(2) A dealer shall take a credit against any tax imposed
150 by the state under this chapter on the purchase of a motor
151 vehicle in an amount equal to the credit granted to the
152 purchaser under subsection (2) (1).
153 (a) A dealer, designated agent, or private tag agent shall:
154 1. Provide the purchaser the contribution election form, as
155 provided by the department, at the time of purchase of a motor
156 vehicle or at the time of registration of a motor vehicle that
157 was not purchased from a dealer.
158 2. Collect eligible contributions.
159 3. Using a form provided by the department, which shall
160 include the dealer’s or agent’s federal employer identification
161 number, remit to an organization no later than the date the
162 return filed pursuant to s. 212.11 is due the total amount of
163 contributions made to that organization and collected during the
164 preceding reporting period. Using the same form, the dealer or
165 agent shall also report this information to the department no
166 later than the date the return filed pursuant to s. 212.11 is
167 due.
168 4. Report to the department on each return filed pursuant
169 to s. 212.11 the total amount of credits granted under this
170 section for the preceding reporting period.
171 (b) An eligible nonprofit scholarship-funding organization
172 shall report to the department, on or before the 20th day of
173 each month, the total amount of contributions received pursuant
174 to paragraph (a) in the preceding calendar month on a form
175 provided by the department. Such report shall include:
176 1. The federal employer identification number of each
177 designated agent, private tag agent, or dealer who remitted
178 contributions to the organization during that reporting period.
179 2. The amount of contributions received from each
180 designated agent, private tag agent, or dealer during that
181 reporting period.
182 (c) A person who, with the intent to unlawfully deprive or
183 defraud the program of its moneys or the use or benefit thereof,
184 fails to remit a contribution collected under this section is
185 guilty of theft, punishable as follows:
186 1. If the total amount stolen is less than $300, the
187 offense is a misdemeanor of the second degree, punishable as
188 provided in s. 775.082 or s. 775.083. Upon a second conviction,
189 the offender commits a misdemeanor of the first degree,
190 punishable as provided in s. 775.082 or s. 775.083. Upon a third
191 or subsequent conviction, the offender commits a felony of the
192 third degree, punishable as provided in s. 775.082, s. 775.083,
193 or s. 775.084.
194 2. If the total amount stolen is $300 or more, but less
195 than $20,000, the offense is a felony of the third degree,
196 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
197 3. If the total amount stolen is $20,000 or more, but less
198 than $100,000, the offense is a felony of the second degree,
199 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
200 4. If the total amount stolen is $100,000 or more, the
201 offense is a felony of the first degree, punishable as provided
202 in s. 775.082, s. 775.083, or s. 775.084.
203 (d) A person convicted of an offense under paragraph (c)
204 shall be ordered by the sentencing judge to make restitution to
205 the organization in the amount that was stolen from the program.
206 (e) Upon a finding that a dealer failed to remit a
207 contribution under subparagraph (a)3. for which the dealer
208 claimed a credit pursuant to this subsection, the department
209 shall notify the affected organizations of the dealer’s name,
210 address, federal employer identification number, and information
211 related to differences between credits taken by the dealer
212 pursuant to this subsection and amounts remitted to the eligible
213 nonprofit scholarship-funding organization under subparagraph
214 (a)3.
215 (f) Any dealer, designated agent, private tag agent, or
216 organization that fails to timely submit reports to the
217 department as required in paragraphs (a) and (b) is subject to a
218 penalty of $1,000 for every month, or part thereof, the report
219 is not submitted, up to a maximum amount of $10,000. Such
220 penalty shall be collected by the department and shall be
221 transferred into the General Revenue Fund. Such penalty must be
222 settled or compromised if it is determined by the department
223 that the noncompliance is due to reasonable cause and not due to
224 willful negligence, willful neglect, or fraud.
225 (4)(3) For purposes of the distributions of tax revenue
226 under s. 212.20, the department shall disregard any tax credits
227 allowed under this section to ensure that any reduction in tax
228 revenue received that is attributable to the tax credits results
229 only in a reduction in distributions to the General Revenue
230 Fund. Section 1002.395 applies The provisions of s. 1002.40
231 apply to the credit authorized by this section.
232 Section 2. Paragraph (a) of subsection (22) of section
233 213.053, Florida Statutes, is amended to read:
234 213.053 Confidentiality and information sharing.—
235 (22)(a) The department may provide to an eligible nonprofit
236 scholarship-funding organization, as defined in s. 1002.395 s.
237 1002.40, a dealer’s name, address, federal employer
238 identification number, and information related to differences
239 between credits taken by the dealer pursuant to s. 212.1832(2)
240 and amounts remitted to the eligible nonprofit scholarship
241 funding organization pursuant to s. 212.1832(3)(a)3. under s.
242 1002.40(13)(b)3. The eligible nonprofit scholarship-funding
243 organization may use the information for purposes of recovering
244 eligible contributions designated for that organization that
245 were collected by the dealer but never remitted to the
246 organization.
247 Section 3. Subsections (3) and (4), paragraphs (a), (b),
248 and (c) of subsection (5), paragraphs (a), (c), and (d) of
249 subsection (6), paragraph (d) of subsection (7), paragraph (a)
250 of subsection (8), paragraph (b) of subsection (9), and
251 subsections (10), (11), (12), and (16) of section 1002.394,
252 Florida Statutes, as amended by chapter 2023-350, Laws of
253 Florida, are amended, and paragraph (d) is added to subsection
254 (8) of that section, to read:
255 1002.394 The Family Empowerment Scholarship Program.—
256 (3) SCHOLARSHIP ELIGIBILITY.—
257 (a)1. A parent of a student may apply for request and
258 receive from the state a scholarship for the purposes specified
259 in paragraph (4)(a) if the student:
260 a. Is a resident of this state or the dependent child of an
261 active duty member of the United States Armed Forces who has
262 received permanent change of station orders to this state; and
263 b. Is eligible to enroll in kindergarten through grade 12
264 in a public school in this state or received a scholarship under
265 the Hope Scholarship Program in the 2023-2024 school year.
266 2. Priority must be given in the following order:
267 a. A student whose household income level does not exceed
268 185 percent of the federal poverty level or who is in foster
269 care or out-of-home care.
270 b. A student whose household income level exceeds 185
271 percent of the federal poverty level, but does not exceed 400
272 percent of the federal poverty level.
273 (b) A parent of a student with a disability may apply for
274 request and receive from the state a scholarship for the
275 purposes specified in paragraph (4)(b) if the student:
276 1. Is a resident of this state or the dependent child of an
277 active duty member of the United States Armed Forces who has
278 received permanent change of station orders to this state or, at
279 the time of renewal, whose home of record or state of legal
280 residence is Florida;
281 2. Is 3 or 4 years of age during on or before September 1
282 of the year in which the student applies for program
283 participation or is eligible to enroll in kindergarten through
284 grade 12 in a public school in this state;
285 3. Has a disability as defined in subsection (2); and
286 4. Is the subject of an IEP written in accordance with
287 rules of the State Board of Education or with the applicable
288 rules of another state or has received a diagnosis of a
289 disability from a physician who is licensed under chapter 458 or
290 chapter 459, a psychologist who is licensed under chapter 490,
291 or a physician who holds an active license issued by another
292 state or territory of the United States, the District of
293 Columbia, or the Commonwealth of Puerto Rico.
294 (c) An approved student who does not receive a scholarship
295 must be placed on the wait list in the order in which the
296 student is approved. An eligible student who does not receive a
297 scholarship within the fiscal year must be retained on the wait
298 list for the subsequent year.
299 (4) AUTHORIZED USES OF PROGRAM FUNDS.—
300 (a) Program funds awarded to a student determined eligible
301 pursuant to paragraph (3)(a) may be used for:
302 1. Tuition and fees at an eligible private school.
303 2. Transportation to a Florida public school in which a
304 student is enrolled and that is different from the school to
305 which the student was assigned or to a lab school as defined in
306 s. 1002.32.
307 3. Instructional materials, including digital materials and
308 Internet resources. Equipment used as instructional materials
309 may only be purchased for subjects in language arts and reading,
310 mathematics, social studies, and science.
311 4. Curriculum as defined in subsection (2).
312 5. Tuition and fees associated with full-time or part-time
313 enrollment in an eligible postsecondary educational institution
314 or a program offered by the postsecondary educational
315 institution, unless the program is subject to s. 1009.25 or
316 reimbursed pursuant to s. 1009.30; an approved preapprenticeship
317 program as defined in s. 446.021(5) which is not subject to s.
318 1009.25 and complies with all applicable requirements of the
319 department pursuant to chapter 1005; a private tutoring program
320 authorized under s. 1002.43; a virtual program offered by a
321 department-approved private online provider that meets the
322 provider qualifications specified in s. 1002.45(2)(a); the
323 Florida Virtual School as a private paying student; or an
324 approved online course offered pursuant to s. 1003.499 or s.
325 1004.0961.
326 6. Fees for nationally standardized, norm-referenced
327 achievement tests, Advanced Placement Examinations, industry
328 certification examinations, assessments related to postsecondary
329 education, or other assessments.
330 7. Contracted services provided by a public school or
331 school district, including classes. A student who receives
332 contracted services under this subparagraph is not considered
333 enrolled in a public school for eligibility purposes as
334 specified in subsection (6) but rather attending a public school
335 on a part-time basis as authorized under s. 1002.44.
336 8. Tuition and fees for part-time tutoring services or fees
337 for services provided by a choice navigator. Such services must
338 be provided by a person who holds a valid Florida educator’s
339 certificate pursuant to s. 1012.56, a person who holds an
340 adjunct teaching certificate pursuant to s. 1012.57, a person
341 who has a bachelor’s degree or a graduate degree in the subject
342 area in which instruction is given, a person who has
343 demonstrated a mastery of subject area knowledge pursuant to s.
344 1012.56(5), or a person certified by a nationally or
345 internationally recognized research-based training program as
346 approved by the department. As used in this subparagraph, the
347 term “part-time tutoring services” does not qualify as regular
348 school attendance as defined in s. 1003.01(16)(e).
349 (b) Program funds awarded to a student with a disability
350 determined eligible pursuant to paragraph (3)(b) may be used for
351 the following purposes:
352 1. Instructional materials, including digital devices,
353 digital periphery devices, and assistive technology devices that
354 allow a student to access instruction or instructional content
355 and training on the use of and maintenance agreements for these
356 devices.
357 2. Curriculum as defined in subsection (2).
358 3. Specialized services by approved providers or by a
359 hospital in this state which are selected by the parent. These
360 specialized services may include, but are not limited to:
361 a. Applied behavior analysis services as provided in ss.
362 627.6686 and 641.31098.
363 b. Services provided by speech-language pathologists as
364 defined in s. 468.1125(8).
365 c. Occupational therapy as defined in s. 468.203.
366 d. Services provided by physical therapists as defined in
367 s. 486.021(8).
368 e. Services provided by listening and spoken language
369 specialists and an appropriate acoustical environment for a
370 child who has a hearing impairment, including deafness, and who
371 has received an implant or assistive hearing device.
372 4. Tuition and fees associated with full-time or part-time
373 enrollment in a home education program; an eligible private
374 school; an eligible postsecondary educational institution or a
375 program offered by the postsecondary educational institution,
376 unless the program is subject to s. 1009.25 or reimbursed
377 pursuant to s. 1009.30; an approved preapprenticeship program as
378 defined in s. 446.021(5) which is not subject to s. 1009.25 and
379 complies with all applicable requirements of the department
380 pursuant to chapter 1005; a private tutoring program authorized
381 under s. 1002.43; a virtual program offered by a department
382 approved private online provider that meets the provider
383 qualifications specified in s. 1002.45(2)(a); the Florida
384 Virtual School as a private paying student; or an approved
385 online course offered pursuant to s. 1003.499 or s. 1004.0961.
386 5. Fees for nationally standardized, norm-referenced
387 achievement tests, Advanced Placement Examinations, industry
388 certification examinations, assessments related to postsecondary
389 education, or other assessments.
390 6. Contributions to the Stanley G. Tate Florida Prepaid
391 College Program pursuant to s. 1009.98 or the Florida College
392 Savings Program pursuant to s. 1009.981 for the benefit of the
393 eligible student.
394 7. Contracted services provided by a public school or
395 school district, including classes. A student who receives
396 services under a contract under this paragraph is not considered
397 enrolled in a public school for eligibility purposes as
398 specified in subsection (6) but rather attending a public school
399 on a part-time basis as authorized under s. 1002.44.
400 8. Tuition and fees for part-time tutoring services or fees
401 for services provided by a choice navigator. Such services must
402 be provided by a person who holds a valid Florida educator’s
403 certificate pursuant to s. 1012.56, a person who holds an
404 adjunct teaching certificate pursuant to s. 1012.57, a person
405 who has a bachelor’s degree or a graduate degree in the subject
406 area in which instruction is given, a person who has
407 demonstrated a mastery of subject area knowledge pursuant to s.
408 1012.56(5), or a person certified by a nationally or
409 internationally recognized research-based training program as
410 approved by the department. As used in this subparagraph, the
411 term “part-time tutoring services” does not qualify as regular
412 school attendance as defined in s. 1003.01(16)(e).
413 9. Fees for specialized summer education programs.
414 10. Fees for specialized after-school education programs.
415 11. Transition services provided by job coaches. Transition
416 services are a coordinated set of activities which are focused
417 on improving the academic and functional achievement of a
418 student with a disability to facilitate the student’s movement
419 from school to postschool activities and are based on the
420 student’s needs.
421 12. Fees for an annual evaluation of educational progress
422 by a state-certified teacher under s. 1002.41(1)(f), if this
423 option is chosen for a home education student.
424 13. Tuition and fees associated with programs offered by
425 Voluntary Prekindergarten Education Program providers approved
426 pursuant to s. 1002.55, and school readiness providers approved
427 pursuant to s. 1002.88, and prekindergarten programs offered by
428 an eligible private school.
429 14. Fees for services provided at a center that is a member
430 of the Professional Association of Therapeutic Horsemanship
431 International.
432 15. Fees for services provided by a therapist who is
433 certified by the Certification Board for Music Therapists or
434 credentialed by the Art Therapy Credentials Board, Inc.
435 (5) TERM OF SCHOLARSHIP.—For purposes of continuity of
436 educational choice:
437 (a)1. A scholarship funded awarded to an eligible student
438 pursuant to paragraph (3)(a) shall remain in force until:
439 a. The organization determines that the student is not
440 eligible for program renewal;
441 b. The Commissioner of Education suspends or revokes
442 program participation or use of funds;
443 c. The student’s parent has forfeited participation in the
444 program for failure to comply with subsection (10);
445 d. The student, who uses the scholarship for tuition and
446 fees pursuant to subparagraph (4)(a)1., enrolls in a public
447 school. However, if a student enters a Department of Juvenile
448 Justice detention center for a period of no more than 21 days,
449 the student is not considered to have returned to a public
450 school on a full-time basis for that purpose; or
451 e. The student graduates from high school or attains 21
452 years of age, whichever occurs first.
453 2.a. The student’s scholarship account must be closed and
454 any remaining funds shall revert to the state after:
455 (I) Denial or revocation of program eligibility by the
456 commissioner for fraud or abuse, including, but not limited to,
457 the student or student’s parent accepting any payment, refund,
458 or rebate, in any manner, from a provider of any services
459 received pursuant to paragraph (4)(a); or
460 (II) Two consecutive fiscal years in which an account has
461 been inactive; or
462 (III) A student remains unenrolled in an eligible private
463 school for 30 days while receiving a scholarship that requires
464 full-time enrollment.
465 b. Reimbursements for program expenditures may continue
466 until the account balance is expended or remaining funds have
467 reverted to the state.
468 (b)1. A scholarship funded awarded to an eligible student
469 pursuant to paragraph (3)(b) shall remain in force until:
470 a. The parent does not renew program eligibility;
471 b. The organization determines that the student is not
472 eligible for program renewal;
473 c. The Commissioner of Education suspends or revokes
474 program participation or use of funds;
475 d. The student’s parent has forfeited participation in the
476 program for failure to comply with subsection (10);
477 e. The student enrolls full time in a public school; or
478 f. The student graduates from high school or attains 22
479 years of age, whichever occurs first.
480 2. Reimbursements for program expenditures may continue
481 until the account balance is expended or the account is closed.
482 3. A student’s scholarship account must be closed and any
483 remaining funds, including, but not limited to, contributions
484 made to the Stanley G. Tate Florida Prepaid College Program or
485 earnings from or contributions made to the Florida College
486 Savings Program using program funds pursuant to subparagraph
487 (4)(b)6., shall revert to the state after:
488 a. Denial or revocation of program eligibility by the
489 commissioner for fraud or abuse, including, but not limited to,
490 the student or student’s parent accepting any payment, refund,
491 or rebate, in any manner, from a provider of any services
492 received pursuant to subsection (4);
493 b. Any period of 3 consecutive years after high school
494 completion or graduation during which the student has not been
495 enrolled in an eligible postsecondary educational institution or
496 a program offered by the institution; or
497 c. Two consecutive fiscal years in which an account has
498 been inactive.
499 (c) Upon reasonable notice to the organization and the
500 school district, the student’s parent may remove the student
501 from the participating private school and place the student in a
502 public school in accordance with this section.
503 (6) SCHOLARSHIP PROHIBITIONS.—A student is not eligible for
504 a Family Empowerment Scholarship while he or she is:
505 (a) Enrolled full time in a public school, including, but
506 not limited to, the Florida School for the Deaf and the Blind,
507 the College-Preparatory Boarding Academy, the Florida School for
508 Competitive Academics, the Florida Virtual School, the Florida
509 Scholars Academy, a developmental research school authorized
510 under s. 1002.32, or a charter school authorized under this
511 chapter. For purposes of this paragraph, a 3- or 4-year-old
512 child who receives services funded through the Florida Education
513 Finance Program is considered to be a student enrolled in a
514 public school;
515 (c) Receiving any other educational scholarship pursuant to
516 this chapter. However, an eligible public school student
517 receiving a scholarship under s. 1002.411 may receive a
518 scholarship for transportation pursuant to subparagraph
519 (4)(a)2.;
520 (d) Not having regular and direct contact with his or her
521 private school teachers pursuant to s. 1002.421(1)(i), unless he
522 or she is eligible pursuant to paragraph (3)(b) and enrolled in
523 the participating private school’s transition-to-work program
524 pursuant to subsection (16) or a home education program pursuant
525 to s. 1002.41;
526 (7) SCHOOL DISTRICT OBLIGATIONS.—
527 (d) Upon the request of the department, a school district
528 shall coordinate with the department to provide to a
529 participating private school the statewide assessments
530 administered under s. 1008.22 and any related materials for
531 administering the assessments. For a student who participates in
532 the Family Empowerment Scholarship Program whose parent requests
533 that the student take the statewide assessments under s.
534 1008.22, the district in which the student attends a
535 participating private school shall provide locations and times
536 to take all statewide assessments. A school district is
537 responsible for implementing test administrations at a
538 participating private school, including the:
539 1. Provision of training for private school staff on test
540 security and assessment administration procedures;
541 2. Distribution of testing materials to a private school;
542 3. Retrieval of testing materials from a private school;
543 4. Provision of the required format for a private school to
544 submit information to the district for test administration and
545 enrollment purposes; and
546 5. Provision of any required assistance, monitoring, or
547 investigation at a private school.
548 (8) DEPARTMENT OF EDUCATION OBLIGATIONS.—
549 (a) The department shall:
550 1. Publish and update, as necessary, information on the
551 department website about the Family Empowerment Scholarship
552 Program, including, but not limited to, student eligibility
553 criteria, parental responsibilities, and relevant data.
554 2. Report, as part of the determination of full-time
555 equivalent membership pursuant to s. 1011.62(1)(a), all
556 scholarship students who are receiving a scholarship under the
557 program and are funded through the Florida Education Finance
558 Program, and cross-check the list of participating scholarship
559 students submitted by the eligible nonprofit scholarship-funding
560 organization with the full-time equivalent student membership
561 survey data public school enrollment lists to avoid duplication.
562 3. Maintain and annually publish a list of nationally norm
563 referenced tests identified for purposes of satisfying the
564 testing requirement in subparagraph (9)(c)1. The tests must meet
565 industry standards of quality in accordance with state board
566 rule.
567 4. Notify eligible nonprofit scholarship-funding
568 organizations of the deadlines for submitting the verified list
569 of eligible scholarship students determined to be eligible for a
570 scholarship. An eligible nonprofit scholarship-funding
571 organization may not submit a student for funding after February
572 1.
573 5. Deny or terminate program participation upon a parent’s
574 failure to comply with subsection (10).
575 6. Notify the parent and the organization when a
576 scholarship account is closed and program funds revert to the
577 state.
578 7. Notify an eligible nonprofit scholarship-funding
579 organization of any of the organization’s or other
580 organization’s identified students who are receiving
581 scholarships under this chapter.
582 8. Maintain on its website a list of approved providers as
583 required by s. 1002.66, eligible postsecondary educational
584 institutions, eligible private schools, and eligible
585 organizations and may identify or provide links to lists of
586 other approved providers.
587 9. Require each organization to verify eligible
588 expenditures before the distribution of funds for any
589 expenditures made pursuant to subparagraphs (4)(b)1. and 2.
590 Review of expenditures made for services specified in
591 subparagraphs (4)(b)3.-15. may be completed after the purchase
592 is made.
593 10. Investigate any written complaint of a violation of
594 this section by a parent, a student, a participating private
595 school, a public school, a school district, an organization, a
596 provider, or another appropriate party in accordance with the
597 process established under s. 1002.421.
598 11. Require quarterly reports by an organization, which
599 must include, at a minimum, the number of students participating
600 in the program; the demographics of program participants; the
601 disability category of program participants; the matrix level of
602 services, if known; the program award amount per student; the
603 total expenditures for the purposes specified in paragraph
604 (4)(b); the types of providers of services to students; the
605 number of scholarship applications received, the number of
606 applications processed within 30 days after receipt, and the
607 number of incomplete applications received; data related to
608 reimbursement submissions, including the average number of days
609 for a reimbursement to be reviewed and the average number of
610 days for a reimbursement to be approved; any parent input and
611 feedback collected regarding the program; and any other
612 information deemed necessary by the department.
613 12. Notify eligible nonprofit scholarship-funding
614 organizations that scholarships may not be awarded in a school
615 district in which the award will exceed 99 percent of the school
616 district’s share of state funding through the Florida Education
617 Finance Program as calculated by the department.
618 13. Adjust payments to eligible nonprofit scholarship
619 funding organizations and, when the Florida Education Finance
620 Program is recalculated, adjust the amount of state funds
621 allocated to school districts through the Florida Education
622 Finance Program based upon the results of the cross-check
623 completed pursuant to subparagraph 2.
624 (d) The department may provide guidance to a participating
625 private school that submits a transition-to-work program plan
626 pursuant to subsection (16).
627 (9) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
628 eligible to participate in the Family Empowerment Scholarship
629 Program, a private school may be sectarian or nonsectarian and
630 must:
631 (b) Provide to the organization all documentation required
632 for a student’s participation, including confirmation of the
633 student’s admission to the private school, the private school’s
634 and student’s fee schedules, and any other information required
635 by the organization to process scholarship payment under
636 subparagraph (12)(a)4. Such information must be provided by the
637 deadlines established by the organization and in accordance with
638 the requirements of this section at least 30 days before any
639 quarterly scholarship payment is made for the student pursuant
640 to paragraph (12)(a). A student is not eligible to receive a
641 quarterly scholarship payment if the private school fails to
642 meet the this deadline.
643
644 If a private school fails to meet the requirements of this
645 subsection or s. 1002.421, the commissioner may determine that
646 the private school is ineligible to participate in the
647 scholarship program.
648 (10) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
649 PARTICIPATION.—
650 (a) A parent who applies for a scholarship applies for
651 program participation under paragraph (3)(a) whose student will
652 be enrolled full time in an eligible a private school must:
653 1. Select an eligible the private school and apply for the
654 admission of his or her student.
655 2. Request the scholarship by the a date established by the
656 organization, in a manner that creates a written or electronic
657 record of the request and the date of receipt of the request.
658 3.a. Beginning with new applications for the 2025-2026
659 school year and thereafter, notify the organization by December
660 15 that the scholarship is being accepted or declined.
661 b. Beginning with renewal applications for the 2025-2026
662 school year and thereafter, notify the organization by May 31
663 that the scholarship is being renewed or declined.
664 4.3. Inform the applicable school district when the parent
665 withdraws his or her student from a public school to attend an
666 eligible private school.
667 5.4. Require his or her student participating in the
668 program to remain in attendance at the eligible private school
669 throughout the school year unless excused by the school for
670 illness or other good cause.
671 6.5. Meet with the eligible private school’s principal or
672 the principal’s designee to review the school’s academic
673 programs and policies, specialized services, code of student
674 conduct, and attendance policies before enrollment.
675 7.6. Require his or her that the student participating in
676 the scholarship program to take takes the norm-referenced
677 assessment offered by the eligible private school. The parent
678 may also choose to have the student participate in the statewide
679 assessments pursuant to paragraph (7)(d). If the parent requests
680 that the student participating in the program take all statewide
681 assessments required pursuant to s. 1008.22, the parent is
682 responsible for transporting the student to the assessment site
683 designated by the school district.
684 8.7. Approve each payment before the scholarship funds may
685 be deposited by funds transfer pursuant to subparagraph
686 (12)(a)4. The parent may not designate any entity or individual
687 associated with the participating private school as the parent’s
688 attorney in fact to approve a funds transfer. A participant who
689 fails to comply with this paragraph forfeits the scholarship.
690 9.8. Agree to have the organization commit scholarship
691 funds on behalf of his or her student for tuition and fees for
692 which the parent is responsible for payment at the eligible
693 private school before using scholarship empowerment account
694 funds for additional authorized uses under paragraph (4)(a). A
695 parent is responsible for all eligible expenses in excess of the
696 amount of the scholarship.
697 10. Comply with the scholarship application and renewal
698 processes and requirements established by the organization.
699 (b) A parent who applies for a scholarship applies for
700 program participation under paragraph (3)(b) is exercising his
701 or her parental option to determine the appropriate placement or
702 the services that best meet the needs of his or her child and
703 must:
704 1. Apply to an eligible nonprofit scholarship-funding
705 organization to participate in the program by a date set by the
706 organization. The request must be communicated directly to the
707 organization in a manner that creates a written or electronic
708 record of the request and the date of receipt of the request.
709 2.a. Beginning with new applications for the 2025-2026
710 school year and thereafter, notify the organization by December
711 15 that the scholarship is being accepted or declined.
712 b. Beginning with renewal applications for the 2025-2026
713 school year and thereafter, notify the organization by May 31
714 that the scholarship is being renewed or declined.
715 3.2. Sign an agreement with the organization and annually
716 submit a sworn compliance statement to the organization to
717 satisfy or maintain program eligibility, including eligibility
718 to receive and spend program payments by:
719 a. Affirming that the student is enrolled in a program that
720 meets regular school attendance requirements as provided in s.
721 1003.01(16)(b), (c), or (d).
722 b. Affirming that the program funds are used only for
723 authorized purposes serving the student’s educational needs, as
724 described in paragraph (4)(b); that any prepaid college plan or
725 college savings plan funds contributed pursuant to subparagraph
726 (4)(b)6. will not be transferred to another beneficiary while
727 the plan contains funds contributed pursuant to this section;
728 and that they will not receive a payment, refund, or rebate of
729 any funds provided under this section.
730 c. Affirming that the parent is responsible for all
731 eligible expenses in excess of the amount of the scholarship and
732 for the education of his or her student by, as applicable:
733 (I) Requiring the student to take an assessment in
734 accordance with paragraph (9)(c);
735 (II) Providing an annual evaluation in accordance with s.
736 1002.41(1)(f); or
737 (III) Requiring the child to take any preassessments and
738 postassessments selected by the provider if the child is 4 years
739 of age and is enrolled in a program provided by an eligible
740 Voluntary Prekindergarten Education Program provider. A student
741 with disabilities for whom the physician or psychologist who
742 issued the diagnosis or the IEP team determines that a
743 preassessment and postassessment is not appropriate is exempt
744 from this requirement. A participating provider shall report a
745 student’s scores to the parent.
746 d. Affirming that the student remains in good standing with
747 the provider or school if those options are selected by the
748 parent.
749 e. Enrolling his or her child in a program from a Voluntary
750 Prekindergarten Education Program provider authorized under s.
751 1002.55, a school readiness provider authorized under s.
752 1002.88, a prekindergarten program offered by an eligible
753 private school, or an eligible private school if either option
754 is selected by the parent.
755 f. Comply with the scholarship application and renewal
756 processes and requirements established by the organization
757 Renewing participation in the program each year. A student whose
758 participation in the program is not renewed may continue to
759 spend scholarship funds that are in his or her account from
760 prior years unless the account must be closed pursuant to
761 subparagraph (5)(b)3. Notwithstanding any changes to the
762 student’s IEP, a student who was previously eligible for
763 participation in the program shall remain eligible to apply for
764 renewal. However, for a high-risk child to continue to
765 participate in the program in the school year after he or she
766 reaches 6 years of age, the child’s application for renewal of
767 program participation must contain documentation that the child
768 has a disability defined in paragraph (2)(e) other than high
769 risk status.
770 g. Procuring the services necessary to educate the student.
771 If such services include enrollment in an eligible private
772 school, the parent must meet with the private school’s principal
773 or the principal’s designee to review the school’s academic
774 programs and policies, specialized services, code of student
775 conduct, and attendance policies before his or her student is
776 enrolled. The parent must also approve each payment to the
777 eligible private school before the scholarship funds may be
778 deposited by funds transfer pursuant to subparagraph (12)(a)4.
779 The parent may not designate any entity or individual associated
780 with the eligible private school as the parent’s attorney in
781 fact to approve a funds transfer. When the student receives a
782 scholarship, the district school board is not obligated to
783 provide the student with a free appropriate public education.
784 For purposes of s. 1003.57 and the Individuals with Disabilities
785 in Education Act, a participating student has only those rights
786 that apply to all other unilaterally parentally placed students,
787 except that, when requested by the parent, school district
788 personnel must develop an IEP or matrix level of services.
789 (c) A parent may not apply for multiple scholarships under
790 this section and s. 1002.395 for an individual student at the
791 same time.
792 (d)(c) A participant who fails to comply with this
793 subsection forfeits the scholarship.
794 (11) OBLIGATIONS OF ELIGIBLE SCHOLARSHIP-FUNDING
795 ORGANIZATIONS.—
796 (a) An eligible nonprofit scholarship-funding organization
797 awarding scholarships to eligible students pursuant to paragraph
798 (3)(a) shall:
799 1. Establish a process for parents who are in compliance
800 with paragraph (10)(a) to renew their students’ scholarships.
801 Renewal applications for the 2025-2026 school year and
802 thereafter must provide for a renewal timeline beginning
803 February 1 of the prior school year and ending April 30 of the
804 prior school year. A student’s renewal is contingent upon an
805 eligible private school providing confirmation of student
806 admission pursuant to subsection (9). The process must require
807 that parents confirm that the scholarship is being renewed or
808 declined by May 31.
809 2. Establish a process that allows a parent to apply for a
810 new scholarship. The process may begin no earlier than February
811 1 of the prior school year and must authorize submission of
812 applications until November 15. The process must be in a manner
813 that creates a written or electronic record of the application
814 request and the date of receipt of the application request.
815 Applications received after the deadline may be considered for
816 scholarship award in the subsequent fiscal year. The process
817 must require that parents confirm that the scholarship is being
818 accepted or declined by December 15 Must receive applications,
819 determine student eligibility, notify parents in accordance with
820 the requirements of this section, and provide the department
821 with information on the student to enable the department to
822 determine student funding in accordance with paragraph (12)(a).
823 3.2. Shall Verify the household income level of students
824 seeking priority eligibility and submit the verified list of
825 students and related documentation to the department when
826 necessary.
827 4.3. Shall Award scholarships in priority order pursuant to
828 paragraph (3)(a).
829 5.4. Shall Establish and maintain separate scholarship
830 empowerment accounts for each eligible student. For each
831 account, the organization must maintain a record of accrued
832 interest that is retained in the student’s account and available
833 only for authorized program expenditures.
834 6.5. May Permit eligible students to use program funds for
835 the purposes specified in paragraph (4)(a) by paying for the
836 authorized use directly, then submitting a reimbursement request
837 to the eligible nonprofit scholarship-funding organization.
838 However, an eligible nonprofit scholarship-funding organization
839 may require the use of an online platform for direct purchases
840 of products so long as such use does not limit a parent’s choice
841 of curriculum or academic programs. If a parent purchases a
842 product identical to one offered by an organization’s online
843 platform for a lower price, the organization shall reimburse the
844 parent the cost of the product.
845 6. May, from eligible contributions received pursuant to s.
846 1002.395(6)(l)1., use an amount not to exceed 2.5 percent of the
847 total amount of all scholarships funded under this section for
848 administrative expenses associated with performing functions
849 under this section. An eligible nonprofit scholarship-funding
850 organization that has, for the prior fiscal year, complied with
851 the expenditure requirements of s. 1002.395(6)(l)2., may use an
852 amount not to exceed 3 percent. Such administrative expense
853 amount is considered within the 3 percent limit on the total
854 amount an organization may use to administer scholarships under
855 this chapter.
856 7. Must, In a timely manner, submit the verified list of
857 students and any information requested by the department
858 relating to the scholarship under this section.
859 8. Must Notify the department about any violation of this
860 section.
861 9. Must Document each student’s eligibility for a fiscal
862 year before granting a scholarship for that fiscal year. A
863 student is ineligible for a scholarship if the student’s account
864 has been inactive for 2 consecutive fiscal years.
865 10. Must Notify each parent that participation in the
866 scholarship program does not guarantee enrollment.
867 11. Shall Commit scholarship funds on behalf of the student
868 for tuition and fees for which the parent is responsible for
869 payment at the participating private school before using
870 scholarship empowerment account funds for additional authorized
871 uses under paragraph (4)(a).
872 (b) An eligible nonprofit scholarship-funding organization
873 awarding scholarships to eligible students pursuant to paragraph
874 (3)(b) shall:
875 1. Establish a process for parents who are in compliance
876 with paragraph (10)(b) to renew their students’ scholarships.
877 Renewal applications for the 2025-2026 school year and
878 thereafter must provide for a renewal timeline beginning
879 February 1 of the prior school year and ending April 30 of the
880 prior school year. A student’s renewal is contingent upon an
881 eligible private school providing confirmation of student
882 admission pursuant to subsection (9), if applicable. The process
883 must require that parents confirm that the scholarship is being
884 renewed or declined by May 31.
885 2. Establish a process that allows a parent to apply for a
886 new scholarship. The process may begin no earlier than February
887 1 of the prior school year and must authorize the submission of
888 applications until November 15. The process must be in a manner
889 that creates a written or electronic record of the application
890 request and the date of receipt of the application request.
891 Applications received after the deadline may be considered for
892 scholarship award in the subsequent fiscal year. The process
893 must require that parents confirm that the scholarship is being
894 accepted or declined by December 15
895 1. Receive applications, determine student eligibility, and
896 notify parents in accordance with the requirements of this
897 section. When an application is approved, the organization must
898 provide the department with information on the student to enable
899 the department to determine student funding in accordance with
900 paragraph (12)(b).
901 2. Establish a date by which a parent must confirm initial
902 or continuing participation in the program.
903 3. Review applications and award scholarships using the
904 following priorities:
905 a. For the 2021-2022 school year, a student who received a
906 Gardiner Scholarship in the 2020-2021 school year and meets the
907 eligibility requirements in paragraph (3)(b).
908 a.b. Renewing students from the previous school year.
909 c. Students retained on the previous school year’s wait
910 list.
911 b.d. An eligible student who meets the criteria for an
912 initial award pursuant to paragraph (3)(b) on a first-come,
913 first-served basis.
914
915 An approved student who does not receive a scholarship must be
916 placed on the wait list in the order in which his or her
917 application is approved. A student who does not receive a
918 scholarship within the fiscal year shall be retained on the wait
919 list for the subsequent fiscal year.
920 4. Establish and maintain separate accounts for each
921 eligible student. For each account, the organization must
922 maintain a record of accrued interest that is retained in the
923 student’s account and available only for authorized program
924 expenditures.
925 5. Verify qualifying educational expenditures pursuant to
926 the requirements of paragraph (4)(b).
927 6. Return any remaining program funds to the department
928 pursuant to paragraph (6)(b).
929 7. Notify the parent about the availability of, and the
930 requirements associated with requesting, an initial IEP or IEP
931 reevaluation every 3 years for each student participating in the
932 program.
933 8. Notify the parent of available state and local services,
934 including, but not limited to, services under chapter 413.
935 9. In a timely manner, submit to the department the
936 verified list of eligible scholarship students and any
937 information requested by the department relating to the
938 scholarship under this section.
939 10.8. Notify the department of any violation of this
940 section.
941 11.9. Document each scholarship student’s eligibility for a
942 fiscal year before granting a scholarship for that fiscal year
943 pursuant to paragraph (3)(b). A student is ineligible for a
944 scholarship if the student’s account has been inactive for 2
945 consecutive fiscal years.
946 (c) An eligible nonprofit scholarship-funding organization
947 may, from eligible contributions received pursuant to s.
948 1002.395(6)(l)1., use an amount not to exceed 2.5 percent of the
949 total amount of all scholarships funded under this section for
950 administrative expenses associated with performing functions
951 under this section. An organization that has, for the prior
952 fiscal year, complied with the expenditure requirements of s.
953 1002.395(6)(l)3. may use an amount not to exceed 3 percent. Such
954 administrative expense amount is considered within the 3-percent
955 limit on the total amount an organization may use to administer
956 scholarships under this chapter.
957 (d) An eligible nonprofit scholarship-funding organization
958 shall establish a process to collect input and feedback from
959 parents, private schools, and providers before implementing
960 substantial modifications or enhancements to the reimbursement
961 process.
962 (12) SCHOLARSHIP FUNDING AND PAYMENT.—
963 (a)1. Scholarships for students determined eligible
964 pursuant to paragraph (3)(a) may be funded once all scholarships
965 have been funded in accordance with s. 1002.395(6)(l)2. The
966 calculated scholarship amount for a participating student
967 determined eligible pursuant to paragraph (3)(a) shall be based
968 upon the grade level and school district in which the student
969 was assigned as 100 percent of the funds per unweighted full
970 time equivalent in the Florida Education Finance Program for a
971 student in the basic program established pursuant to s.
972 1011.62(1)(c)1., plus a per-full-time equivalent share of funds
973 for the categorical programs established in s. 1011.62(5),
974 (7)(a), and (16), as funded in the General Appropriations Act.
975 2. A scholarship of $750 or an amount equal to the school
976 district expenditure per student riding a school bus, as
977 determined by the department, whichever is greater, may be
978 awarded to an eligible student who is enrolled in a Florida
979 public school that is different from the school to which the
980 student was assigned or in a lab school as defined in s. 1002.32
981 if the school district does not provide the student with
982 transportation to the school.
983 3.a. For renewing scholarship students, the organization
984 must provide the department with the documentation necessary to
985 verify the student’s continued eligibility to participate in the
986 scholarship program at least 30 days before each payment
987 participation. Upon receiving the verified list of eligible
988 scholarship students documentation, the department shall release
989 transfer, beginning August 1, from state funds only, the amount
990 calculated pursuant to subparagraph 1. 2. to the organization
991 for deposit into the student’s account in quarterly payments no
992 later than August 1, November 1, February 1, and April 1 of
993 quarterly disbursement to parents of participating students each
994 school year in which the scholarship is in force.
995 b. For new scholarship students, the organization must
996 verify the student’s eligibility to participate in the
997 scholarship program at least 30 days before each payment. Upon
998 receiving the verified list of eligible scholarship students,
999 the department shall release, from state funds only, the amount
1000 calculated pursuant to subparagraph 1. to the organization for
1001 deposit into the student’s account in quarterly payments no
1002 later than September 1, November 1, February 1, and April 1 of
1003 each school year in which the scholarship is in force. For a
1004 student exiting a Department of Juvenile Justice commitment
1005 program who chooses to participate in the scholarship program,
1006 the amount calculated pursuant to subparagraph 1. must be
1007 transferred from the school district in which the student last
1008 attended a public school before commitment to the Department of
1009 Juvenile Justice.
1010 c. The department is authorized to release the state funds
1011 contingent upon verification that the organization will comply
1012 with s. 1002.395(6)(l) based upon the organization’s submitted
1013 verified list of eligible scholarship students pursuant to s.
1014 1002.395 For a student exiting a Department of Juvenile Justice
1015 commitment program who chooses to participate in the scholarship
1016 program, the amount of the Family Empowerment Scholarship
1017 calculated pursuant to subparagraph 2. must be transferred from
1018 the school district in which the student last attended a public
1019 school before commitment to the Department of Juvenile Justice.
1020 When a student enters the scholarship program, the organization
1021 must receive all documentation required for the student’s
1022 participation, including the private school’s and the student’s
1023 fee schedules, at least 30 days before the first quarterly
1024 scholarship payment is made for the student.
1025 4. The initial payment shall be made after the
1026 organization’s verification of admission acceptance, and
1027 subsequent payments shall be made upon verification of continued
1028 enrollment and attendance at the participating private school.
1029 Payments for tuition and fees for full-time enrollment shall be
1030 made within 7 business days after approval by the parent
1031 pursuant to paragraph (10)(a) and the private school pursuant to
1032 paragraph (9)(b). Payment must be by funds transfer or any other
1033 means of payment that the department deems to be commercially
1034 viable or cost-effective. An organization shall ensure that the
1035 parent has approved a funds transfer before any scholarship
1036 funds are deposited.
1037 5. An organization may not transfer any funds to an account
1038 of a student determined eligible pursuant to paragraph (3)(a)
1039 which has a balance in excess of $24,000.
1040 (b)1. For the 2023-2024 school year, the maximum number of
1041 students participating in the scholarship program under
1042 paragraph (3)(b) shall be the number of students the
1043 organization and the department determined eligible pursuant to
1044 this section. Beginning in the 2024-2025 school year, the
1045 maximum number of scholarships funded students participating in
1046 the scholarship program under paragraph (3)(b) shall annually
1047 increase by 5.0 3.0 percent of the state’s total exceptional
1048 student education full-time equivalent student membership, not
1049 including gifted students. The maximum number of scholarships
1050 funded shall increase by 1.0 percent of the state’s total
1051 exceptional student education full-time equivalent student
1052 membership, not including gifted students, in the school year
1053 following any school year in which the number of scholarships
1054 funded exceeds 95 percent of the number of available
1055 scholarships for that school year. An eligible student who meets
1056 any of the following requirements shall be excluded from the
1057 maximum number of students if the student:
1058 a. Received specialized instructional services under the
1059 Voluntary Prekindergarten Education Program pursuant to s.
1060 1002.66 during the previous school year and the student has a
1061 current IEP developed by the district school board in accordance
1062 with rules of the State Board of Education;
1063 b. Is a dependent child of a law enforcement officer or a
1064 member of the United States Armed Forces, a foster child, or an
1065 adopted child; or
1066 c. Spent the prior school year in attendance at a Florida
1067 public school or the Florida School for the Deaf and the Blind.
1068 For purposes of this subparagraph, the term “prior school year
1069 in attendance” means that the student was enrolled and reported
1070 by:
1071 (I) A school district for funding during either the
1072 preceding October or February full-time equivalent student
1073 membership surveys in kindergarten through grade 12, which
1074 includes time spent in a Department of Juvenile Justice
1075 commitment program if funded under the Florida Education Finance
1076 Program;
1077 (II) The Florida School for the Deaf and the Blind during
1078 the preceding October or February full-time equivalent student
1079 membership surveys in kindergarten through grade 12;
1080 (III) A school district for funding during the preceding
1081 October or February full-time equivalent student membership
1082 surveys, was at least 4 years of age when enrolled and reported,
1083 and was eligible for services under s. 1003.21(1)(e); or
1084 (IV) Received a John M. McKay Scholarship for Students with
1085 Disabilities in the 2021-2022 school year.
1086 2. For a student who has a Level I to Level III matrix of
1087 services or a diagnosis by a physician or psychologist, the
1088 calculated scholarship amount for a student participating in the
1089 program must be based upon the grade level and school district
1090 in which the student would have been enrolled as the total funds
1091 per unweighted full-time equivalent in the Florida Education
1092 Finance Program for a student in the basic exceptional student
1093 education program pursuant to s. 1011.62(1)(c) and (d), plus a
1094 per full-time equivalent share of funds for the categorical
1095 programs established in s. 1011.62(5), (7)(a), (8), and (16), as
1096 funded in the General Appropriations Act. For the categorical
1097 program established in s. 1011.62(8), the funds must be
1098 allocated based on the school district’s average exceptional
1099 student education guaranteed allocation funds per exceptional
1100 student education full-time equivalent student.
1101 3. For a student with a Level IV or Level V matrix of
1102 services, the calculated scholarship amount must be based upon
1103 the school district to which the student would have been
1104 assigned as the total funds per full-time equivalent for the
1105 Level IV or Level V exceptional student education program
1106 pursuant to s. 1011.62(1)(c)2.a. or b., plus a per-full time
1107 equivalent share of funds for the categorical programs
1108 established in s. 1011.62(5), (7)(a), and (16), as funded in the
1109 General Appropriations Act.
1110 4. For a student who received a Gardiner Scholarship
1111 pursuant to former s. 1002.385 in the 2020-2021 school year, the
1112 amount shall be the greater of the amount calculated pursuant to
1113 subparagraph 2. or the amount the student received for the 2020
1114 2021 school year.
1115 5. For a student who received a John M. McKay Scholarship
1116 pursuant to former s. 1002.39 in the 2020-2021 school year, the
1117 amount shall be the greater of the amount calculated pursuant to
1118 subparagraph 2. or the amount the student received for the 2020
1119 2021 school year.
1120 6. The organization must provide the department with the
1121 documentation necessary to verify the student’s eligibility to
1122 participate in the scholarship program at least 30 days before
1123 each payment participation.
1124 7.a. For renewing scholarship students, upon receiving the
1125 verified list of eligible scholarship students, the department
1126 shall release, from state funds only, the amount calculated
1127 pursuant to subparagraph 1. to the organization for deposit into
1128 the student’s account in quarterly payments no later than August
1129 1, November 1, February 1, and April 1 of each school year in
1130 which the scholarship is in force.
1131 b. For new scholarship students, upon receiving the
1132 verified list of eligible scholarship students documentation,
1133 the department shall release, from state funds only, the amount
1134 calculated pursuant to subparagraph 1. student’s scholarship
1135 funds to the organization for deposit, to be deposited into the
1136 student’s account in quarterly payments four equal amounts no
1137 later than September 1, November 1, February 1, and April 1 of
1138 each school year in which the scholarship is in force.
1139 8. If a scholarship student is attending an eligible
1140 private school full time, the initial payment shall be made
1141 after the organization’s verification of admission acceptance,
1142 and subsequent payments shall be made upon verification of
1143 continued enrollment and attendance at the eligible private
1144 school. Payments for tuition and fees for full-time enrollment
1145 shall be made within 7 business days after approval by the
1146 parent pursuant to paragraph (10)(b) and the private school
1147 pursuant to paragraph (9)(b).
1148 9.8. Accrued interest in the student’s account is in
1149 addition to, and not part of, the awarded funds. Program funds
1150 include both the awarded funds and accrued interest.
1151 10.9. The organization may develop a system for payment of
1152 benefits by funds transfer, including, but not limited to, debit
1153 cards, electronic payment cards, or any other means of payment
1154 which the department deems to be commercially viable or cost
1155 effective. A student’s scholarship award may not be reduced for
1156 debit card or electronic payment fees. Commodities or services
1157 related to the development of such a system must be procured by
1158 competitive solicitation unless they are purchased from a state
1159 term contract pursuant to s. 287.056.
1160 11.10. An organization may not transfer any funds to an
1161 account of a student determined to be eligible pursuant to
1162 paragraph (3)(b) which has a balance in excess of $50,000.
1163 12.11. Moneys received pursuant to this section do not
1164 constitute taxable income to the qualified student or the parent
1165 of the qualified student.
1166 (c) An organization may not submit a new scholarship
1167 student for funding after February 1.
1168 (d) Within 30 days after the release of state funds
1169 pursuant to paragraphs (a) and (b), the eligible scholarship
1170 funding organization shall certify to the department the amount
1171 of funds distributed for student scholarships. If the amount of
1172 funds released by the department is more than the amount
1173 distributed by the organization, the department is authorized to
1174 adjust the amount of the overpayment in the subsequent quarterly
1175 payment release.
1176 (16) TRANSITION-TO-WORK PROGRAM.—A student with a
1177 disability who is determined eligible pursuant to paragraph
1178 (3)(b) who is at least 17 years, but not older than 22 years of
1179 age and who has not received a high school diploma or
1180 certificate of completion is eligible for enrollment in his or
1181 her participating private school’s transition-to-work program. A
1182 transition-to-work program shall consist of academic
1183 instruction, work skills training, and a volunteer or paid work
1184 experience.
1185 (a) To offer a transition-to-work program, a participating
1186 private school must:
1187 1. Develop a transition-to-work program plan, which must
1188 include a written description of the academic instruction and
1189 work skills training students will receive and the goals for
1190 students in the program.
1191 2. Submit the transition-to-work program plan to the Office
1192 of Independent Education and Parental Choice and consider any
1193 guidance provided by the department pursuant to paragraph (8)(d)
1194 relating to the plan.
1195 3. Develop a personalized transition-to-work program plan
1196 for each student enrolled in the program. The student’s parent,
1197 the student, and the school principal must sign the personalized
1198 plan. The personalized plan must be submitted to the Office of
1199 Independent Education and Parental Choice upon request by the
1200 office.
1201 4. Provide a release of liability form that must be signed
1202 by the student’s parent, the student, and a representative of
1203 the business offering the volunteer or paid work experience.
1204 5. Assign a case manager or job coach to visit the
1205 student’s job site on a weekly basis to observe the student and,
1206 if necessary, provide support and guidance to the student.
1207 6. Provide to the parent and student a quarterly report
1208 that documents and explains the student’s progress and
1209 performance in the program.
1210 7. Maintain accurate attendance and performance records for
1211 the student.
1212 (b) A student enrolled in a transition-to-work program
1213 must, at a minimum:
1214 1. Receive 15 instructional hours at the participating
1215 private school’s physical facility, which must include academic
1216 instruction and work skills training.
1217 2. Participate in 10 hours of work at the student’s
1218 volunteer or paid work experience.
1219 (c) To participate in a transition-to-work program, a
1220 business must:
1221 1. Maintain an accurate record of the student’s performance
1222 and hours worked and provide the information to the
1223 participating private school.
1224 2. Comply with all state and federal child labor laws.
1225 Section 4. Paragraph (c) of subsection (1), paragraphs (b)
1226 and (f) of subsection (2), subsection (3), paragraphs (a) and
1227 (c) of subsection (4), paragraphs (c) through (i) and (l), (p),
1228 (q), (t), and (w) of subsection (6), subsections (7) and (8),
1229 paragraphs (d), (e), (f), and (i) of subsection (9), paragraph
1230 (b) of subsection (10), paragraphs (c), (f), and (h) of
1231 subsection (11), and subsection (15) of section 1002.395,
1232 Florida Statutes, are amended, paragraph (y) is added to
1233 subsection (6), and paragraph (i) is added to subsection (11) of
1234 that section, to read:
1235 1002.395 Florida Tax Credit Scholarship Program.—
1236 (1) FINDINGS AND PURPOSE.—
1237 (c) The purpose of this section is not to prescribe the
1238 standards or curriculum for participating private schools. A
1239 participating private school retains the authority to determine
1240 its own standards and curriculum.
1241 (2) DEFINITIONS.—As used in this section, the term:
1242 (b) “Choice navigator” means an individual who meets the
1243 requirements of sub-subparagraph (6)(d)4.h. (6)(d)2.h. and who
1244 provides consultations, at a mutually agreed upon location, on
1245 the selection of, application for, and enrollment in educational
1246 options addressing the academic needs of a student; curriculum
1247 selection; and advice on career and postsecondary education
1248 opportunities. However, nothing in this section authorizes a
1249 choice navigator to oversee or exercise control over the
1250 curricula or academic programs of a personalized education
1251 program.
1252 (f) “Eligible contribution” means a monetary contribution
1253 from a taxpayer, subject to the restrictions provided in this
1254 section, to an eligible nonprofit scholarship-funding
1255 organization pursuant to this section and ss. 212.099, 212.1831,
1256 and 212.1832, and 1002.40. The taxpayer making the contribution
1257 may not designate a specific child as the beneficiary of the
1258 contribution.
1259 (3) PROGRAM; INITIAL SCHOLARSHIP ELIGIBILITY.—
1260 (a) The Florida Tax Credit Scholarship Program is
1261 established.
1262 (b)1. A student is eligible for a Florida tax credit
1263 scholarship under this section if the student:
1264 a. Is a resident of this state or the dependent child of an
1265 active duty member of the United States Armed Forces who has
1266 received permanent change of station orders to this state or, at
1267 the time of renewal, whose home of record or state of legal
1268 residence is Florida; and
1269 b. Is eligible to enroll in kindergarten through grade 12
1270 in a public school in this state or received a scholarship under
1271 the Hope Scholarship Program in the 2023-2024 school year.
1272 2. Priority must be given in the following order:
1273 a. A student whose household income level does not exceed
1274 185 percent of the federal poverty level or who is in foster
1275 care or out-of-home care.
1276 b. A student whose household income level exceeds 185
1277 percent of the federal poverty level, but does not exceed 400
1278 percent of the federal poverty level.
1279 (4) SCHOLARSHIP PROHIBITIONS.—A student is not eligible for
1280 a scholarship while he or she is:
1281 (a) Enrolled full time in a public school, including, but
1282 not limited to, the Florida School for the Deaf and the Blind,
1283 the College-Preparatory Boarding Academy, the Florida School for
1284 Competitive Academics, the Florida Virtual School, the Florida
1285 Scholars Academy, a developmental research school authorized
1286 under s. 1002.32, or a charter school authorized under this
1287 chapter. For purposes of this paragraph, a 3- or 4-year-old
1288 child who receives services funded through the Florida Education
1289 Finance Program is considered a student enrolled full-time in a
1290 public school;
1291 (c) Receiving any other educational scholarship pursuant to
1292 this chapter. However, an eligible public school student
1293 receiving a scholarship under s. 1002.411 may receive a
1294 scholarship for transportation pursuant to subparagraph
1295 (6)(d)4.;
1296 (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
1297 ORGANIZATIONS.—An eligible nonprofit scholarship-funding
1298 organization:
1299 (c) Must not have an owner or operator, as defined in
1300 subparagraph (2)(k)1., who owns or operates an eligible private
1301 school that is participating in the scholarship program.
1302 (d)1. For the 2023-2024 school year, may fund no more than
1303 20,000 scholarships for students who are enrolled pursuant to
1304 paragraph (7)(b). The number of scholarships funded for such
1305 students may increase by 40,000 in each subsequent school year.
1306 This subparagraph is repealed July 1, 2027.
1307 2. Shall establish a process for parents who are in
1308 compliance with paragraph (7)(a) to renew their students’
1309 scholarships. Renewal applications for the 2025-2026 school year
1310 and thereafter must provide for a renewal timeline beginning
1311 February 1 of the prior school year and ending April 30 of the
1312 prior school year. A student’s renewal is contingent upon an
1313 eligible private school providing confirmation of admission
1314 pursuant to subsection (8). The process must require that
1315 parents confirm that the scholarship is being renewed or
1316 declined by May 31.
1317 3. Shall establish a process that allows a parent to apply
1318 for a new scholarship. The process must be in a manner that
1319 creates a written or electronic record of the application
1320 request and the date of receipt of the application request. The
1321 process must require that parents confirm that the scholarship
1322 is being accepted or declined by a date set by the organization.
1323 4.2. Must establish and maintain separate scholarship
1324 empowerment accounts from eligible contributions for each
1325 eligible student. For each account, the organization must
1326 maintain a record of accrued interest retained in the student’s
1327 account. The organization must verify that scholarship funds are
1328 used for:
1329 a. Tuition and fees for full-time or part-time enrollment
1330 in an eligible private school.
1331 b. Transportation to a Florida public school in which a
1332 student is enrolled and that is different from the school to
1333 which the student was assigned or to a lab school as defined in
1334 s. 1002.32.
1335 c. Instructional materials, including digital materials and
1336 Internet resources. Equipment used as instructional materials
1337 may only be purchased for subjects in language arts and reading,
1338 mathematics, social studies, and science.
1339 d. Curriculum as defined in s. 1002.394(2).
1340 e. Tuition and fees associated with full-time or part-time
1341 enrollment in a home education instructional program; an
1342 eligible postsecondary educational institution or a program
1343 offered by the postsecondary educational institution, unless the
1344 program is subject to s. 1009.25 or reimbursed pursuant to s.
1345 1009.30; an approved preapprenticeship program as defined in s.
1346 446.021(5) which is not subject to s. 1009.25 and complies with
1347 all applicable requirements of the Department of Education
1348 pursuant to chapter 1005; a private tutoring program authorized
1349 under s. 1002.43; a virtual program offered by a department
1350 approved private online provider that meets the provider
1351 qualifications specified in s. 1002.45(2)(a); the Florida
1352 Virtual School as a private paying student; or an approved
1353 online course offered pursuant to s. 1003.499 or s. 1004.0961.
1354 f. Fees for nationally standardized, norm-referenced
1355 achievement tests, Advanced Placement Examinations, industry
1356 certification examinations, assessments related to postsecondary
1357 education, or other assessments.
1358 g. Contracted services provided by a public school or
1359 school district, including classes. A student who receives
1360 contracted services under this sub-subparagraph is not
1361 considered enrolled in a public school for eligibility purposes
1362 as specified in subsection (11) but rather attending a public
1363 school on a part-time basis as authorized under s. 1002.44.
1364 h. Tuition and fees for part-time tutoring services or fees
1365 for services provided by a choice navigator. Such services must
1366 be provided by a person who holds a valid Florida educator’s
1367 certificate pursuant to s. 1012.56, a person who holds an
1368 adjunct teaching certificate pursuant to s. 1012.57, a person
1369 who has a bachelor’s degree or a graduate degree in the subject
1370 area in which instruction is given, a person who has
1371 demonstrated a mastery of subject area knowledge pursuant to s.
1372 1012.56(5), or a person certified by a nationally or
1373 internationally recognized research-based training program as
1374 approved by the Department of Education. As used in this
1375 paragraph, the term “part-time tutoring services” does not
1376 qualify as regular school attendance as defined in s.
1377 1003.01(16)(e).
1378 (e) For students determined eligible pursuant to paragraph
1379 (7)(b), must:
1380 1. Establish a process for parents who are in compliance
1381 with subparagraph (7)(b)1. to apply for a new scholarship. New
1382 scholarship applications for the 2025-2026 school year and
1383 thereafter must provide for an application timeline beginning
1384 February 1 of the prior school year and ending April 30 of the
1385 prior school year. The process must require that parents confirm
1386 that the scholarship is being accepted or declined by May 31.
1387 2. Establish a process for parents who are in compliance
1388 with paragraph (7)(b) to renew their students’ scholarships.
1389 Renewal scholarship applications for the 2025-2026 school year
1390 and thereafter must provide for a renewal timeline beginning
1391 February 1 of the prior school year and ending April 30 of the
1392 prior school year. The process must require that parents confirm
1393 that the scholarship is being renewed or declined by May 31.
1394 3.1. Maintain a signed agreement from the parent which
1395 constitutes compliance with the attendance requirements under
1396 ss. 1003.01(16) and 1003.21(1).
1397 4.2. Receive eligible student test scores and, beginning
1398 with the 2027-2028 school year, by August 15, annually report
1399 test scores for students pursuant to paragraph (7)(b) to a state
1400 university pursuant to paragraph (9)(f).
1401 5.3. Provide parents with information, guidance, and
1402 support to create and annually update a student learning plan
1403 for their student. The organization must maintain the plan and
1404 allow parents to electronically submit, access, and revise the
1405 plan continuously.
1406 6.4. Upon submission by the parent of an annual student
1407 learning plan, fund a scholarship for a student determined
1408 eligible.
1409 (f) Must give first priority to eligible renewal students
1410 who received a scholarship from an eligible nonprofit
1411 scholarship-funding organization or from the State of Florida
1412 during the previous school year. The eligible nonprofit
1413 scholarship-funding organization must fully apply and exhaust
1414 all funds available under this section and s. 1002.40(11)(i) for
1415 renewal scholarship awards before awarding any initial
1416 scholarships.
1417 (g) Must provide a new renewal or initial scholarship to an
1418 eligible student on a first-come, first-served basis unless the
1419 student is seeking priority eligibility qualifies for priority
1420 pursuant to subsection (3) paragraph (f).
1421 (h) Each eligible nonprofit scholarship-funding
1422 organization Must refer any student eligible for a scholarship
1423 pursuant to this section who did not receive a renewal or
1424 initial scholarship based solely on the lack of available funds
1425 under this section and s. 1002.40(11)(i) to another eligible
1426 nonprofit scholarship-funding organization that may have funds
1427 available.
1428 (i) May not restrict or reserve scholarships for use at a
1429 particular eligible private school or provide scholarships to a
1430 child of an owner or operator as defined in subparagraph
1431 (2)(k)1.
1432 (l)1. May use eligible contributions received pursuant to
1433 this section and ss. 212.099, 212.1831, and 212.1832, and
1434 1002.40 during the state fiscal year in which such contributions
1435 are collected for administrative expenses if the organization
1436 has operated as an eligible nonprofit scholarship-funding
1437 organization for at least the preceding 3 fiscal years and did
1438 not have any findings of material weakness or material
1439 noncompliance in its most recent audit under paragraph (o) or is
1440 in good standing in each state in which it administers a
1441 scholarship program and the audited financial statements for the
1442 preceding 3 fiscal years are free of material misstatements and
1443 going concern issues. Administrative expenses from eligible
1444 contributions may not exceed 3 percent of the total amount of
1445 all scholarships funded by an eligible scholarship-funding
1446 organization under this chapter. Such administrative expenses
1447 must be reasonable and necessary for the organization’s
1448 management and distribution of scholarships funded under this
1449 chapter. Administrative expenses may include developing or
1450 contracting with rideshare programs or facilitating carpool
1451 strategies for recipients of a transportation scholarship under
1452 s. 1002.394. No funds authorized under this subparagraph shall
1453 be used for lobbying or political activity or expenses related
1454 to lobbying or political activity. Up to one-third of the funds
1455 authorized for administrative expenses under this subparagraph
1456 may be used for expenses related to the recruitment of
1457 contributions from taxpayers. An eligible nonprofit scholarship
1458 funding organization may not charge an application fee.
1459 2. Must expend for annual or partial-year scholarships 100
1460 percent of any eligible contributions from the prior fiscal
1461 year.
1462 3.2. Must expend award for annual or partial-year
1463 scholarships an amount equal to or greater than 75 percent of
1464 all estimated net eligible contributions, as defined in
1465 subsection (2), and all funds carried forward from the prior
1466 state fiscal year remaining after administrative expenses during
1467 the state fiscal year in which such eligible contributions are
1468 collected before funding any scholarships to students determined
1469 eligible pursuant to s. 1002.394(3)(a). No more than 25 percent
1470 of such net eligible contributions may be carried forward to the
1471 following state fiscal year. All amounts carried forward, for
1472 audit purposes, must be specifically identified for particular
1473 students, by student name and the name of the school to which
1474 the student is admitted, subject to the requirements of ss.
1475 1002.22 and 1002.221 and 20 U.S.C. s. 1232g, and the applicable
1476 rules and regulations issued pursuant thereto. Any amounts
1477 carried forward shall be expended for annual or partial-year
1478 scholarships in the following state fiscal year. No later than
1479 September 30 of each year, net Eligible contributions remaining
1480 on June 30 of each year that are in excess of the 25 percent
1481 that may be carried forward shall be used to provide
1482 scholarships to eligible students or transferred to other
1483 eligible nonprofit scholarship-funding organizations to provide
1484 scholarships for eligible students. All transferred funds must
1485 be deposited by each eligible nonprofit scholarship-funding
1486 organization receiving such funds into its scholarship account.
1487 All transferred amounts received by any eligible nonprofit
1488 scholarship-funding organization must be separately disclosed in
1489 the annual financial audit required under paragraph (o).
1490 4.3. Must, before granting a scholarship for an academic
1491 year, document each scholarship student’s eligibility for that
1492 academic year. A scholarship-funding organization may not grant
1493 multiyear scholarships in one approval process.
1494 (p) Must prepare and submit quarterly reports to the
1495 Department of Education pursuant to paragraph (9)(i). In
1496 addition, an eligible nonprofit scholarship-funding organization
1497 must submit in a timely manner the verified list of eligible
1498 scholarship students and any information requested by the
1499 Department of Education relating to the scholarship program.
1500 (q)1.a. Must participate in the joint development of
1501 agreed-upon procedures during the 2009-2010 state fiscal year.
1502 The agreed-upon procedures must uniformly apply to all private
1503 schools and must determine, at a minimum, whether the private
1504 school has been verified as eligible by the Department of
1505 Education under s. 1002.421; has an adequate accounting system,
1506 system of financial controls, and process for deposit and
1507 classification of scholarship funds; and has properly expended
1508 scholarship funds for education-related expenses. During the
1509 development of the procedures, the participating scholarship
1510 funding organizations shall specify guidelines governing the
1511 materiality of exceptions that may be found during the
1512 accountant’s performance of the procedures. The procedures and
1513 guidelines shall be provided to private schools and the
1514 Commissioner of Education by March 15, 2011.
1515 b. Must participate in a joint review of the agreed-upon
1516 procedures and guidelines developed under sub-subparagraph a.,
1517 by February of each biennium, if the scholarship-funding
1518 organization provided more than $250,000 in scholarship funds
1519 under this chapter during the state fiscal year preceding the
1520 biennial review. If the procedures and guidelines are revised,
1521 the revisions must be provided to private schools and the
1522 Commissioner of Education by March 15 of the year in which the
1523 revisions were completed. The revised agreed-upon procedures and
1524 guidelines shall take effect the subsequent school year.
1525 c. Must monitor the compliance of a participating private
1526 school with s. 1002.421(1)(q) if the scholarship-funding
1527 organization provided the majority of the scholarship funding to
1528 the school. For each participating private school subject to s.
1529 1002.421(1)(q), the appropriate scholarship-funding organization
1530 shall annually notify the Commissioner of Education by October
1531 30 of:
1532 (I) A private school’s failure to submit a report required
1533 under s. 1002.421(1)(q); or
1534 (II) Any material exceptions set forth in the report
1535 required under s. 1002.421(1)(q).
1536 2. Must seek input from the accrediting associations that
1537 are members of the Florida Association of Academic Nonpublic
1538 Schools and the Department of Education when jointly developing
1539 the agreed-upon procedures and guidelines under sub-subparagraph
1540 1.a. and conducting a review of those procedures and guidelines
1541 under sub-subparagraph 1.b.
1542 (t) Must participate in the joint development of agreed
1543 upon purchasing guidelines for authorized uses of scholarship
1544 funds under paragraph (d) and s. 1002.394(4)(a) this chapter. By
1545 December 31, 2023, and by each December 31 thereafter, the
1546 purchasing guidelines must be provided to the Commissioner of
1547 Education and published on the eligible nonprofit scholarship
1548 funding organization’s website. Published purchasing guidelines
1549 shall remain in effect until there is unanimous agreement to
1550 revise the guidelines, and the revisions must be provided to the
1551 commissioner and published on the organization’s website within
1552 30 days after such revisions. The organization shall assist the
1553 Florida Center for Students with Unique Abilities under s.
1554 1004.6495 with the development of purchasing guidelines for
1555 authorized uses of scholarship funds under s. 1002.394(4)(b) and
1556 publish the guidelines on the organization’s website.
1557 (w) Shall commit scholarship funds on behalf of the student
1558 for tuition and fees for which the parent is responsible for
1559 payment at the participating private school before using
1560 scholarship empowerment account funds for additional authorized
1561 uses under paragraph (d).
1562 (y) Must establish a process to collect input and feedback
1563 from parents, private schools, and providers before implementing
1564 substantial modifications or enhancements to the reimbursement
1565 process.
1566
1567 Information and documentation provided to the Department of
1568 Education and the Auditor General relating to the identity of a
1569 taxpayer that provides an eligible contribution under this
1570 section shall remain confidential at all times in accordance
1571 with s. 213.053.
1572 (7) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
1573 PARTICIPATION.—
1574 (a) A parent who applies for a scholarship whose student
1575 will be enrolled full time in an eligible a private school must:
1576 1. Select an eligible private school and apply for the
1577 admission of his or her child.
1578 2. Request the scholarship by the date established by the
1579 organization in a manner that creates a written or electronic
1580 record of the request and the date of receipt of the request.
1581 3.a. Beginning with new applications for the 2025-2026
1582 school year and thereafter, notify the organization by a date
1583 set by the organization that the scholarship is being accepted
1584 or declined.
1585 b. Beginning with renewal applications for the 2025-2026
1586 school year and thereafter, notify the organization by May 31
1587 that the scholarship is being renewed or declined.
1588 4.2. Inform the applicable child’s school district when the
1589 parent withdraws his or her student from a public school child
1590 to attend an eligible private school.
1591 5.3. Require his or her student participating in the
1592 program to remain in attendance at the eligible private school
1593 throughout the school year unless excused by the school for
1594 illness or other good cause and comply with the private school’s
1595 published policies.
1596 6.4. Meet with the eligible private school’s principal or
1597 the principal’s designee to review the school’s academic
1598 programs and policies, specialized services, code of student
1599 conduct, and attendance policies before enrollment in the
1600 private school.
1601 7.5. Require his or her student participating in the
1602 program to take the norm-referenced assessment offered by the
1603 participating private school. The parent may also choose to have
1604 the student participate in the statewide assessments pursuant to
1605 s. 1008.22. If the parent requests that the student
1606 participating in the scholarship program take statewide
1607 assessments pursuant to s. 1008.22 and the participating private
1608 school has not chosen to offer and administer the statewide
1609 assessments, the parent is responsible for transporting the
1610 student to the assessment site designated by the school
1611 district.
1612 8.6. Approve each payment before the scholarship funds may
1613 be deposited by funds transfer. The parent may not designate any
1614 entity or individual associated with the participating private
1615 school as the parent’s attorney in fact to approve a funds
1616 transfer. A participant who fails to comply with this paragraph
1617 forfeits the scholarship.
1618 9.7. Authorize the nonprofit scholarship-funding
1619 organization to access information needed for income eligibility
1620 determination and verification held by other state or federal
1621 agencies, including the Department of Revenue, the Department of
1622 Children and Families, the Department of Education, the
1623 Department of Commerce Economic Opportunity, and the Agency for
1624 Health Care Administration, for students seeking priority
1625 eligibility.
1626 10.8. Agree to have the organization commit scholarship
1627 funds on behalf of his or her student for tuition and fees for
1628 which the parent is responsible for payment at the participating
1629 private school before using scholarship empowerment account
1630 funds for additional authorized uses under paragraph (6)(d). A
1631 parent is responsible for all eligible expenses in excess of the
1632 amount of the scholarship.
1633 11. Comply with the scholarship application and renewal
1634 processes and requirements established by the organization.
1635 (b) A parent whose student will not be enrolled full time
1636 in a public or private school must:
1637 1. Apply to an eligible nonprofit scholarship-funding
1638 organization to participate in the program as a personalized
1639 education student by a date set by the organization. The request
1640 must be communicated directly to the organization in a manner
1641 that creates a written or electronic record of the request and
1642 the date of receipt of the request. Beginning with new and
1643 renewal applications for the 2025-2026 school year and
1644 thereafter, notify the organization by May 31 that the
1645 scholarship is being accepted, renewed, or declined.
1646 2. Sign an agreement with the organization and annually
1647 submit a sworn compliance statement to the organization to
1648 satisfy or maintain program eligibility, including eligibility
1649 to receive and spend program payments, by:
1650 a. Affirming that the program funds are used only for
1651 authorized purposes serving the student’s educational needs, as
1652 described in paragraph (6)(d), and that they will not receive a
1653 payment, refund, or rebate of any funds provided under this
1654 section.
1655 b. Affirming that the parent is responsible for all
1656 eligible expenses in excess of the amount of the scholarship and
1657 for the education of his or her student.
1658 c. Submitting a student learning plan to the organization
1659 and revising the plan at least annually before program renewal.
1660 d. Requiring his or her student to take a nationally norm
1661 referenced test identified by the Department of Education, or a
1662 statewide assessment under s. 1008.22, and provide assessment
1663 results to the organization before the student’s program
1664 renewal.
1665 e. Complying with the scholarship application and renewal
1666 processes and requirements established by the organization
1667 Renewing participation in the program each year. A student whose
1668 participation in the program is not renewed may continue to
1669 spend scholarship funds that are in his or her account from
1670 prior years unless the account must be closed pursuant to s.
1671 1002.394(5)(a)2.
1672 f. Procuring the services necessary to educate the student.
1673 When the student receives a scholarship, the district school
1674 board is not obligated to provide the student with a free
1675 appropriate public education.
1676 (c) A parent may not apply for multiple scholarships under
1677 this section and s. 1002.394 for an individual student at the
1678 same time.
1679
1680 An eligible nonprofit scholarship-funding organization may not
1681 further regulate, exercise control over, or require
1682 documentation beyond the requirements of this subsection unless
1683 the regulation, control, or documentation is necessary for
1684 participation in the program.
1685 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
1686 private school may be sectarian or nonsectarian and must:
1687 (a) Comply with all requirements for private schools
1688 participating in state school choice scholarship programs
1689 pursuant to s. 1002.421.
1690 (b) Provide to the organization all documentation required
1691 for a student’s participation, including confirmation of the
1692 student’s admission to the private school, the private school’s
1693 and student’s fee schedules, and any other information required
1694 by the organization to process scholarship payment pursuant to
1695 paragraph (11)(c). Such information must be provided by the
1696 deadlines established by the organization and in accordance with
1697 the requirements of this section. A student is not eligible to
1698 receive a quarterly scholarship payment if the private school
1699 fails to meet the deadline.
1700 (c)(b)1. Annually administer or make provision for students
1701 participating in the scholarship program in grades 3 through 10
1702 to take one of the nationally norm-referenced tests identified
1703 by the department of Education or the statewide assessments
1704 pursuant to s. 1008.22. Students with disabilities for whom
1705 standardized testing is not appropriate are exempt from this
1706 requirement. A participating private school must report a
1707 student’s scores to the parent. A participating private school
1708 must annually report by August 15 the scores of all
1709 participating students to a state university described in
1710 paragraph (9)(f).
1711 2. Administer the statewide assessments pursuant to s.
1712 1008.22 if a participating private school chooses to offer the
1713 statewide assessments. A participating private school may choose
1714 to offer and administer the statewide assessments to all
1715 students who attend the participating private school in grades 3
1716 through 10 and must submit a request in writing to the
1717 Department of Education by March 1 of each year in order to
1718 administer the statewide assessments in the subsequent school
1719 year.
1720
1721 If a participating private school fails to meet the requirements
1722 of this subsection or s. 1002.421, the commissioner may
1723 determine that the participating private school is ineligible to
1724 participate in the scholarship program.
1725 (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The Department of
1726 Education shall:
1727 (d) Notify eligible nonprofit scholarship-funding
1728 organizations of the deadlines for submitting the verified list
1729 of eligible scholarship students; cross-check the verified list
1730 of participating scholarship students with the public school
1731 enrollment lists to avoid duplication; and, when the Florida
1732 Education Finance Program is recalculated, adjust the amount of
1733 state funds allocated to school districts through the Florida
1734 Education Finance Program based upon the results of the cross
1735 check.
1736 (e) Maintain and annually publish a list of nationally
1737 norm-referenced tests identified for purposes of satisfying the
1738 testing requirement in subparagraph (8)(c)1. (8)(b)1. The tests
1739 must meet industry standards of quality in accordance with State
1740 Board of Education rule.
1741 (f) Issue a project grant award to a state university, to
1742 which participating private schools and eligible nonprofit
1743 scholarship-funding organizations must report the scores of
1744 participating students on the nationally norm-referenced tests
1745 or the statewide assessments administered in grades 3 through
1746 10. The project term is 2 years, and the amount of the project
1747 is up to $250,000 per year. The project grant award must be
1748 reissued in 2-year intervals in accordance with this paragraph.
1749 1. The state university must annually report to the
1750 Department of Education on the student performance of
1751 participating students and, beginning with the 2027-2028 school
1752 year, on the performance of personalized education students:
1753 a. On a statewide basis. The report shall also include, to
1754 the extent possible, a comparison of scholarship students’
1755 performance to the statewide student performance of public
1756 school students with socioeconomic backgrounds similar to those
1757 of students participating in the scholarship program. To
1758 minimize costs and reduce time required for the state
1759 university’s analysis and evaluation, the Department of
1760 Education shall coordinate with the state university to provide
1761 data to the state university in order to conduct analyses of
1762 matched students from public school assessment data and
1763 calculate control group student performance using an agreed-upon
1764 methodology with the state university; and
1765 b. On an individual school basis for students enrolled full
1766 time in a private school. The annual report must include student
1767 performance for each participating private school in which
1768 enrolled students in the private school participated in a
1769 scholarship program under this section or, s. 1002.394(12)(a),
1770 or s. 1002.40 in the prior school year. The report shall be
1771 according to each participating private school, and for
1772 participating students, in which there are at least 30
1773 participating students who have scores for tests administered.
1774 If the state university determines that the 30-participating
1775 student cell size may be reduced without disclosing personally
1776 identifiable information, as described in 34 C.F.R. s. 99.12, of
1777 a participating student, the state university may reduce the
1778 participating-student cell size, but the cell size must not be
1779 reduced to less than 10 participating students. The department
1780 shall provide each participating private school’s prior school
1781 year’s student enrollment information to the state university no
1782 later than June 15 of each year, or as requested by the state
1783 university.
1784 2. The sharing and reporting of student performance data
1785 under this paragraph must be in accordance with requirements of
1786 ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g, the Family
1787 Educational Rights and Privacy Act, and the applicable rules and
1788 regulations issued pursuant thereto, and shall be for the sole
1789 purpose of creating the annual report required by subparagraph
1790 1. All parties must preserve the confidentiality of such
1791 information as required by law. The annual report must not
1792 disaggregate data to a level that will identify individual
1793 participating schools, except as required under sub-subparagraph
1794 1.b., or disclose the academic level of individual students.
1795 3. The annual report required by subparagraph 1. shall be
1796 published by the Department of Education on its website.
1797 (i) Require quarterly reports by an eligible nonprofit
1798 scholarship-funding organization regarding the number of
1799 students participating in the scholarship program;, the private
1800 schools at which the students are enrolled; the number of
1801 scholarship applications received, the number of applications
1802 processed within 30 days after receipt, and the number of
1803 incomplete applications received; data related to reimbursement
1804 submissions, including the average number of days for a
1805 reimbursement to be reviewed and the average number of days for
1806 a reimbursement to be approved; any parent input and feedback
1807 collected regarding the program;, and any other information
1808 deemed necessary by the Department of Education.
1809 (10) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—
1810 (b) Upon the request of the Department of Education, a
1811 school district shall coordinate with the department to provide
1812 to a participating private school the statewide assessments
1813 administered under s. 1008.22 and any related materials for
1814 administering the assessments. A school district is responsible
1815 for implementing test administrations at a participating private
1816 school, including the:
1817 1. Provision of training for participating private school
1818 staff on test security and assessment administration procedures;
1819 2. Distribution of testing materials to a participating
1820 private school;
1821 3. Retrieval of testing materials from a participating
1822 private school;
1823 4. Provision of the required format for a participating
1824 private school to submit information to the district for test
1825 administration and enrollment purposes; and
1826 5. Provision of any required assistance, monitoring, or
1827 investigation at a participating private school.
1828 (11) SCHOLARSHIP AMOUNT AND PAYMENT.—
1829 (c) If a scholarship student is attending an eligible
1830 private school full time, the initial payment shall be made
1831 after the organization’s verification of admission acceptance,
1832 and subsequent payments shall be made upon verification of
1833 continued enrollment and attendance at the eligible private
1834 school. Payments shall be made within 7 business days after
1835 approval by the parent pursuant to paragraph (7)(a) and the
1836 private school pursuant to paragraph (8)(b) An eligible
1837 nonprofit scholarship-funding organization shall obtain
1838 verification from the private school of a student’s continued
1839 attendance at the school for each period covered by a
1840 scholarship payment.
1841 (f) A scholarship awarded to an eligible student shall
1842 remain in force until:
1843 1. The organization determines that the student is not
1844 eligible for program renewal;
1845 2. The Commissioner of Education suspends or revokes
1846 program participation or use of funds;
1847 3. The student’s parent has forfeited participation in the
1848 program for failure to comply with subsection (7);
1849 4. The student who uses the scholarship for full-time
1850 tuition and fees at an eligible private school pursuant to
1851 subparagraph (6)(d)2. enrolls full time in a public school.
1852 However, if a student enters a Department of Juvenile Justice
1853 detention center for a period of no more than 21 days, the
1854 student is not considered to have returned to a public school on
1855 a full-time basis for that purpose; or
1856 5. The student graduates from high school or attains 21
1857 years of age, whichever occurs first.
1858 (h) A student’s scholarship account must be closed and any
1859 remaining funds shall revert to the state after:
1860 1. Denial or revocation of program eligibility by the
1861 commissioner for fraud or abuse, including, but not limited to,
1862 the student or student’s parent accepting any payment, refund,
1863 or rebate, in any manner, from a provider of any services
1864 received pursuant to paragraph (6)(d); or
1865 2. Two consecutive fiscal years in which an account has
1866 been inactive; or
1867 3. The student remains unenrolled in an eligible private
1868 school for 30 days while receiving a scholarship that requires
1869 full-time enrollment.
1870 (i) Moneys received pursuant to this section do not
1871 constitute taxable income to the qualified student or the parent
1872 of the qualified student.
1873 (15) NONPROFIT SCHOLARSHIP-FUNDING ORGANIZATIONS;
1874 APPLICATION.—In order to participate in the scholarship program
1875 created under this section, a charitable organization that seeks
1876 to be a nonprofit scholarship-funding organization must submit
1877 an application for initial approval or renewal to the Office of
1878 Independent Education and Parental Choice. The office shall
1879 provide at least two application periods in which Charitable
1880 organizations may apply at any time to participate in the
1881 program.
1882 (a) An application for initial approval must include:
1883 1. A copy of the organization’s incorporation documents and
1884 registration with the Division of Corporations of the Department
1885 of State.
1886 2. A copy of the organization’s Internal Revenue Service
1887 determination letter as a s. 501(c)(3) not-for-profit
1888 organization.
1889 3. A description of the organization’s financial plan that
1890 demonstrates sufficient funds to operate throughout the school
1891 year.
1892 4. A description of the geographic region that the
1893 organization intends to serve and an analysis of the demand and
1894 unmet need for eligible students in that area.
1895 5. The organization’s organizational chart.
1896 6. A description of the criteria and methodology that the
1897 organization will use to evaluate scholarship eligibility.
1898 7. A description of the application process, including
1899 deadlines and any associated fees.
1900 8. A description of the deadlines for attendance
1901 verification and scholarship payments.
1902 9. A copy of the organization’s policies on conflict of
1903 interest and whistleblowers.
1904 10. A copy of a surety bond or letter of credit to secure
1905 the faithful performance of the obligations of the eligible
1906 nonprofit scholarship-funding organization in accordance with
1907 this section in an amount equal to 25 percent of the scholarship
1908 funds anticipated for each school year or $100,000, whichever is
1909 greater. The surety bond or letter of credit must specify that
1910 any claim against the bond or letter of credit may be made only
1911 by an eligible nonprofit scholarship-funding organization to
1912 provide scholarships to and on behalf of students who would have
1913 had scholarships funded if it were not for the diversion of
1914 funds giving rise to the claim against the bond or letter of
1915 credit.
1916 (b) In addition to the information required by
1917 subparagraphs (a)1.-9., an application for renewal must include:
1918 1. A surety bond or letter of credit to secure the faithful
1919 performance of the obligations of the eligible nonprofit
1920 scholarship-funding organization in accordance with this section
1921 equal to the amount of undisbursed donations held by the
1922 organization based on the annual report submitted pursuant to
1923 paragraph (6)(o). The amount of the surety bond or letter of
1924 credit must be at least $100,000, but not more than $25 million.
1925 The surety bond or letter of credit must specify that any claim
1926 against the bond or letter of credit may be made only by an
1927 eligible nonprofit scholarship-funding organization to provide
1928 scholarships to and on behalf of students who would have had
1929 scholarships funded if it were not for the diversion of funds
1930 giving rise to the claim against the bond or letter of credit.
1931 2. The organization’s completed Internal Revenue Service
1932 Form 990 submitted no later than November 30 of the year before
1933 the school year that the organization intends to offer the
1934 scholarships, notwithstanding the department’s application
1935 deadline.
1936 3. A copy of the statutorily required audit to the
1937 Department of Education and Auditor General.
1938 4. An annual report that includes:
1939 a. The number of students who completed applications, by
1940 county and by grade.
1941 b. The number of students who were approved for
1942 scholarships, by county and by grade.
1943 c. The number of students who received funding for
1944 scholarships within each funding category, by county and by
1945 grade.
1946 d. The amount of funds received, the amount of funds
1947 distributed in scholarships, and an accounting of remaining
1948 funds and the obligation of those funds.
1949 e. A detailed accounting of how the organization spent the
1950 administrative funds allowable under paragraph (6)(l).
1951 (c) In consultation with the Department of Revenue and the
1952 Chief Financial Officer, the Office of Independent Education and
1953 Parental Choice shall review the application. The Department of
1954 Education shall notify the organization in writing of any
1955 deficiencies within 30 days after receipt of the application and
1956 allow the organization 30 days to correct any deficiencies.
1957 (d) Within 30 days after receipt of the finalized
1958 application by the Office of Independent Education and Parental
1959 Choice, the Commissioner of Education shall recommend approval
1960 or disapproval of the application to the State Board of
1961 Education. The State Board of Education shall consider the
1962 application and recommendation at the next scheduled meeting,
1963 adhering to appropriate meeting notice requirements. If the
1964 State Board of Education disapproves the organization’s
1965 application, it shall provide the organization with a written
1966 explanation of that determination. The State Board of
1967 Education’s action is not subject to chapter 120.
1968 (e) If the State Board of Education disapproves the renewal
1969 of a nonprofit scholarship-funding organization, the
1970 organization must notify the affected eligible students and
1971 parents of the decision within 15 days after disapproval. An
1972 eligible student affected by the disapproval of an
1973 organization’s participation remains eligible under this section
1974 until the end of the school year in which the organization was
1975 disapproved. The student must apply and be accepted by another
1976 eligible nonprofit scholarship-funding organization for the
1977 upcoming school year. The student shall be given priority in
1978 accordance with paragraph (6)(g).
1979 (f) All remaining funds held by a nonprofit scholarship
1980 funding organization that is disapproved for participation must
1981 be transferred to other eligible nonprofit scholarship-funding
1982 organizations to provide scholarships for eligible students. All
1983 transferred funds must be deposited by each eligible nonprofit
1984 scholarship-funding organization receiving such funds into its
1985 scholarship account. All transferred amounts received by any
1986 eligible nonprofit scholarship-funding organization must be
1987 separately disclosed in the annual financial audit required
1988 under subsection (6).
1989 (g) A nonprofit scholarship-funding organization is a
1990 renewing organization if it maintains continuous approval and
1991 participation in the program. An organization that chooses not
1992 to participate for 1 year or more or is disapproved to
1993 participate for 1 year or more must submit an application for
1994 initial approval in order to participate in the program again.
1995 (h) The State Board of Education shall adopt rules
1996 providing guidelines for receiving, reviewing, and approving
1997 applications for new and renewing nonprofit scholarship-funding
1998 organizations. The rules must include a process for compiling
1999 input and recommendations from the Chief Financial Officer, the
2000 Department of Revenue, and the Department of Education. The
2001 rules must also require that the nonprofit scholarship-funding
2002 organization make a brief presentation to assist the State Board
2003 of Education in its decision.
2004 (i) A state university; or an independent college or
2005 university which is eligible to participate in the William L.
2006 Boyd, IV, Effective Access to Student Education Grant Program,
2007 located and chartered in this state, is not for profit, and is
2008 accredited by the Commission on Colleges of the Southern
2009 Association of Colleges and Schools, is exempt from the initial
2010 or renewal application process, but must file a registration
2011 notice with the Department of Education to be an eligible
2012 nonprofit scholarship-funding organization. The State Board of
2013 Education shall adopt rules that identify the procedure for
2014 filing the registration notice with the department. The rules
2015 must identify appropriate reporting requirements for fiscal,
2016 programmatic, and performance accountability purposes consistent
2017 with this section, but shall not exceed the requirements for
2018 eligible nonprofit scholarship-funding organizations for
2019 charitable organizations.
2020 Section 5. Section 1002.40, Florida Statutes, is amended to
2021 read:
2022 1002.40 The Hope Scholarship Program.—
2023 (1) PURPOSE.—The Hope Scholarship Program is established to
2024 provide the parent of a public school student who was subjected
2025 to an incident listed in subsection (3) an opportunity to
2026 transfer the student to another public school or to request a
2027 scholarship for the student to enroll in and attend an eligible
2028 private school.
2029 (2) DEFINITIONS.—As used in this section, the term:
2030 (a) “Dealer” has the same meaning as provided in s. 212.06.
2031 (b) “Department” means the Department of Education.
2032 (c) “Designated agent” has the same meaning as provided in
2033 s. 212.06(10).
2034 (d) “Eligible contribution” or “contribution” means a
2035 monetary contribution from a person purchasing a motor vehicle,
2036 subject to the restrictions provided in this section, to an
2037 eligible nonprofit scholarship-funding organization. The person
2038 making the contribution may not designate a specific student as
2039 the beneficiary of the contribution.
2040 (e) “Eligible nonprofit scholarship-funding organization”
2041 or “organization” has the same meaning as provided in s.
2042 1002.395(2).
2043 (f) “Eligible private school” has the same meaning as
2044 provided in s. 1002.395(2).
2045 (g) “Motor vehicle” has the same meaning as provided in s.
2046 320.01(1)(a), but does not include a heavy truck, truck tractor,
2047 trailer, or motorcycle.
2048 (a)(h) “Parent” means a resident of this state who is a
2049 parent, as defined in s. 1000.21, and whose student reported an
2050 incident in accordance with subsection (4) (6).
2051 (b)(i) “Program” means the Hope Scholarship Program.
2052 (c)(j) “School” means any educational program or activity
2053 conducted by a public K-12 educational institution, any school
2054 related or school-sponsored program or activity, and riding on a
2055 school bus, as defined in s. 1006.25(1), including waiting at a
2056 school bus stop.
2057 (k) “Unweighted FTE funding amount” means the statewide
2058 average total funds per unweighted full-time equivalent funding
2059 amount that is incorporated by reference in the General
2060 Appropriations Act, or by a subsequent special appropriations
2061 act, for the applicable state fiscal year.
2062 (3) PROGRAM ELIGIBILITY.—Beginning with the 2018-2019
2063 school year, contingent upon available funds, and on a first
2064 come, first-served basis, A student enrolled in a Florida public
2065 school in kindergarten through grade 12 is eligible for the
2066 educational options described in subsection (4) a scholarship
2067 under this program if the student reported an incident in
2068 accordance with that subsection (6). For purposes of this
2069 section, the term “incident” means battery; harassment; hazing;
2070 bullying; kidnapping; physical attack; robbery; sexual offenses,
2071 harassment, assault, or battery; threat or intimidation; or
2072 fighting at school, as defined by the department in accordance
2073 with s. 1006.09(6).
2074 (4) PROGRAM PROHIBITIONS.—Payment of a scholarship to a
2075 student enrolled in a private school may not be made if a
2076 student is:
2077 (a) Enrolled in a public school, including, but not limited
2078 to, the Florida School for the Deaf and the Blind; the College
2079 Preparatory Boarding Academy; a developmental research school
2080 authorized under s. 1002.32; or a charter school authorized
2081 under s. 1002.33, s. 1002.331, or s. 1002.332;
2082 (b) Enrolled in a school operating for the purpose of
2083 providing educational services to youth in the Department of
2084 Juvenile Justice commitment programs;
2085 (c) Participating in a virtual school, correspondence
2086 school, or distance learning program that receives state funding
2087 pursuant to the student’s participation unless the participation
2088 is limited to no more than two courses per school year; or
2089 (d) Receiving any other educational scholarship pursuant to
2090 this chapter.
2091 (5) TERM OF HOPE SCHOLARSHIP.—For purposes of continuity of
2092 educational choice, a Hope scholarship shall remain in force
2093 until the student returns to public school or graduates from
2094 high school, whichever occurs first. A scholarship student who
2095 enrolls in a public school or public school program is
2096 considered to have returned to a public school for the purpose
2097 of determining the end of the scholarship’s term.
2098 (4)(6) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—
2099 (a) Upon receipt of a report of an incident, the school
2100 principal, or his or her designee, shall provide a copy of the
2101 report to the parent and investigate the incident to determine
2102 if the incident must be reported as required by s. 1006.09(6).
2103 Within 24 hours after receipt of the report, the principal or
2104 his or her designee shall provide a copy of the report to the
2105 parent of the alleged offender and to the superintendent. Upon
2106 conclusion of the investigation or within 15 days after the
2107 incident was reported, whichever occurs first, the school
2108 district shall notify the parent of the program, and offer the
2109 parent an opportunity to enroll his or her student in another
2110 public school that has capacity, and notify the parent of their
2111 eligibility or to apply for request and receive a scholarship to
2112 attend an eligible private school under ss. 1002.394 and
2113 1002.395, subject to available funding. A parent who chooses to
2114 enroll his or her student in a public school located outside the
2115 district in which the student resides pursuant to s. 1002.31
2116 shall be eligible for a scholarship to transport the student as
2117 provided in paragraph (11)(b).
2118 (b) For each student participating in the program in an
2119 eligible private school who chooses to participate in the
2120 statewide assessments under s. 1008.22 or the Florida Alternate
2121 Assessment, the school district in which the student resides
2122 must notify the student and his or her parent about the
2123 locations and times to take all statewide assessments.
2124 (7) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
2125 private school may be sectarian or nonsectarian and shall:
2126 (a) Comply with all requirements for private schools
2127 participating in state school choice scholarship programs
2128 pursuant to this section and s. 1002.421.
2129 (b)1. Annually administer or make provision for students
2130 participating in the program in grades 3 through 10 to take one
2131 of the nationally norm-referenced tests identified by the
2132 department or the statewide assessments pursuant to s. 1008.22.
2133 Students with disabilities for whom standardized testing is not
2134 appropriate are exempt from this requirement. A participating
2135 private school shall report a student’s scores to his or her
2136 parent.
2137 2. Administer the statewide assessments pursuant to s.
2138 1008.22 if a private school chooses to offer the statewide
2139 assessments. A participating private school may choose to offer
2140 and administer the statewide assessments to all students who
2141 attend the private school in grades 3 through 10 and must submit
2142 a request in writing to the department by March 1 of each year
2143 in order to administer the statewide assessments in the
2144 subsequent school year.
2145
2146 If a private school fails to meet the requirements of this
2147 subsection or s. 1002.421, the commissioner may determine that
2148 the private school is ineligible to participate in the program.
2149 (8) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
2150 shall:
2151 (a) Cross-check the list of participating scholarship
2152 students with the public school enrollment lists to avoid
2153 duplication and, when the Florida Education Finance Program is
2154 recalculated, adjust the amount of state funds allocated to
2155 school districts through the Florida Education Finance Program
2156 based upon the results of the cross-check.
2157 (b) Maintain a list of nationally norm-referenced tests
2158 identified for purposes of satisfying the testing requirement in
2159 paragraph (9)(f). The tests must meet industry standards of
2160 quality in accordance with State Board of Education rule.
2161 (c) Require quarterly reports by an eligible nonprofit
2162 scholarship-funding organization regarding the number of
2163 students participating in the program, the private schools in
2164 which the students are enrolled, and other information deemed
2165 necessary by the department.
2166 (d) Contract with an independent entity to provide an
2167 annual evaluation of the program by:
2168 1. Reviewing the school bullying prevention education
2169 program, climate, and code of student conduct of each public
2170 school from which 10 or more students transferred to another
2171 public school or private school using the Hope scholarship to
2172 determine areas in the school or school district procedures
2173 involving reporting, investigating, and communicating a parent’s
2174 and student’s rights that are in need of improvement. At a
2175 minimum, the review must include:
2176 a. An assessment of the investigation time and quality of
2177 the response of the school and the school district.
2178 b. An assessment of the effectiveness of communication
2179 procedures with the students involved in an incident, the
2180 students’ parents, and the school and school district personnel.
2181 c. An analysis of school incident and discipline data.
2182 d. The challenges and obstacles relating to implementing
2183 recommendations from the review.
2184 2. Reviewing the school bullying prevention education
2185 program, climate, and code of student conduct of each public
2186 school to which a student transferred if the student was from a
2187 school identified in subparagraph 1. in order to identify best
2188 practices and make recommendations to a public school at which
2189 the incidents occurred.
2190 3. Reviewing the performance of participating students
2191 enrolled in a private school in which at least 51 percent of the
2192 total enrolled students in the prior school year participated in
2193 the program and in which there are at least 10 participating
2194 students who have scores for tests administered.
2195 4. Surveying the parents of participating students to
2196 determine academic, safety, and school climate satisfaction and
2197 to identify any challenges to or obstacles in addressing the
2198 incident or relating to the use of the scholarship.
2199 (9) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
2200 PARTICIPATION.—A parent who applies for a Hope scholarship is
2201 exercising his or her parental option to place his or her
2202 student in an eligible private school.
2203 (a) The parent must select an eligible private school and
2204 apply for the admission of his or her student.
2205 (b) The parent must inform the student’s school district
2206 when the parent withdraws his or her student to attend an
2207 eligible private school.
2208 (c) Any student participating in the program must remain in
2209 attendance throughout the school year unless excused by the
2210 school for illness or other good cause.
2211 (d) Each parent and each student has an obligation to the
2212 private school to comply with such school’s published policies.
2213 (e) Upon reasonable notice to the department and the school
2214 district, the parent may remove the student from the private
2215 school and place the student in a public school in accordance
2216 with this section.
2217 (f) The parent must ensure that the student participating
2218 in the program takes the norm-referenced assessment offered by
2219 the private school. The parent may also choose to have the
2220 student participate in the statewide assessments pursuant to s.
2221 1008.22. If the parent requests that the student take the
2222 statewide assessments pursuant to s. 1008.22 and the private
2223 school has not chosen to offer and administer the statewide
2224 assessments, the parent is responsible for transporting the
2225 student to the assessment site designated by the school
2226 district.
2227 (g) Upon receipt of a scholarship warrant, the parent to
2228 whom the warrant is made must restrictively endorse the warrant
2229 to the private school for deposit into the account of such
2230 school. If payment is made by funds transfer in accordance with
2231 paragraph (11)(d), the parent must approve each payment before
2232 the scholarship funds may be deposited. The parent may not
2233 designate any entity or individual associated with the
2234 participating private school as the parent’s attorney in fact to
2235 endorse a scholarship warrant or approve a funds transfer. A
2236 parent who fails to comply with this paragraph forfeits the
2237 scholarship.
2238 (10) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
2239 ORGANIZATIONS.—An eligible nonprofit scholarship-funding
2240 organization may establish scholarships for eligible students
2241 by:
2242 (a) Receiving applications and determining student
2243 eligibility in accordance with the requirements of this section.
2244 (b) Notifying parents of their receipt of a scholarship on
2245 a first-come, first-served basis, based upon available funds.
2246 (c) Establishing a date by which the parent of a
2247 participating student must confirm continuing participation in
2248 the program.
2249 (d) Awarding scholarship funds to eligible students, giving
2250 priority to renewing students from the previous year.
2251 (e) Preparing and submitting quarterly reports to the
2252 department pursuant to paragraph (8)(c). In addition, an
2253 eligible nonprofit scholarship-funding organization must submit
2254 in a timely manner any information requested by the department
2255 relating to the program.
2256 (f) Notifying the department of any violation of this
2257 section.
2258 (11) FUNDING AND PAYMENT.—
2259 (a) For students initially eligible in the 2019-2020 school
2260 year or thereafter, the calculated amount for a student to
2261 attend an eligible private school shall be calculated in
2262 accordance with s. 1002.394(12)(a).
2263 (b) The maximum amount awarded to a student enrolled in a
2264 public school located outside of the district in which the
2265 student resides shall be $750.
2266 (c) When a student enters the program, the eligible
2267 nonprofit scholarship-funding organization must receive all
2268 documentation required for the student’s participation,
2269 including a copy of the report of the incident received pursuant
2270 to subsection (6) and the private school’s and student’s fee
2271 schedules. The initial payment shall be made after verification
2272 of admission acceptance, and subsequent payments shall be made
2273 upon verification of continued enrollment and attendance at the
2274 private school.
2275 (d) Payment of the scholarship by the eligible nonprofit
2276 scholarship-funding organization may be by individual warrant
2277 made payable to the student’s parent or by funds transfer,
2278 including, but not limited to, debit cards, electronic payment
2279 cards, or any other means of payment that the department deems
2280 to be commercially viable or cost-effective. If payment is made
2281 by warrant, the warrant must be delivered by the eligible
2282 nonprofit scholarship-funding organization to the private school
2283 of the parent’s choice, and the parent shall restrictively
2284 endorse the warrant to the private school. If payments are made
2285 by funds transfer, the parent must approve each payment before
2286 the scholarship funds may be deposited. The parent may not
2287 designate any entity or individual associated with the
2288 participating private school as the parent’s attorney in fact to
2289 endorse a scholarship warrant or approve a funds transfer.
2290 (e) An eligible nonprofit scholarship-funding organization
2291 shall obtain verification from the private school of a student’s
2292 continued attendance at the school for each period covered by a
2293 scholarship payment.
2294 (f) Payment of the scholarship shall be made by the
2295 eligible nonprofit scholarship-funding organization no less
2296 frequently than on a quarterly basis.
2297 (g) An eligible nonprofit scholarship-funding organization,
2298 subject to the limitations of s. 1002.395(6)(l)1., may use
2299 eligible contributions received during the state fiscal year in
2300 which such contributions are collected for administrative
2301 expenses.
2302 (h) Moneys received pursuant to this section do not
2303 constitute taxable income to the qualified student or his or her
2304 parent.
2305 (i) Notwithstanding s. 1002.395(6)(l)2., no more than 5
2306 percent of net eligible contributions may be carried forward to
2307 the following state fiscal year by an eligible scholarship
2308 funding organization. For audit purposes, all amounts carried
2309 forward must be specifically identified for individual students
2310 by student name and by the name of the school to which the
2311 student is admitted, subject to the requirements of ss. 1002.21
2312 and 1002.22 and 20 U.S.C. s. 1232g, and the applicable rules and
2313 regulations issued pursuant to such requirements. Any amounts
2314 carried forward shall be expended for annual scholarships or
2315 partial-year scholarships in the following state fiscal year.
2316 Net eligible contributions remaining on June 30 of each year
2317 which are in excess of the 5 percent that may be carried forward
2318 shall be transferred to other eligible nonprofit scholarship
2319 funding organizations participating in the Hope Scholarship
2320 Program to provide scholarships for eligible students. All
2321 transferred funds must be deposited by each eligible nonprofit
2322 scholarship-funding organization receiving such funds into the
2323 scholarship account of eligible students. All transferred
2324 amounts received by an eligible nonprofit scholarship-funding
2325 organization must be separately disclosed in the annual
2326 financial audit requirement under s. 1002.395(6)(o). If no other
2327 eligible nonprofit scholarship-funding organization participates
2328 in the Hope Scholarship Program, net eligible contributions in
2329 excess of the 5 percent may be used to fund scholarships for
2330 students eligible under s. 1002.395 only after fully exhausting
2331 all contributions made in support of scholarships under that
2332 section in accordance with the priority established in s.
2333 1002.395(6)(f) before awarding any initial scholarships.
2334 (12) OBLIGATIONS OF THE AUDITOR GENERAL.—
2335 (a) The Auditor General shall conduct an annual operational
2336 audit of accounts and records of each organization that
2337 participates in the program. As part of this audit, the Auditor
2338 General shall verify, at a minimum, the total number of students
2339 served and transmit that information to the department. The
2340 Auditor General shall provide the commissioner with a copy of
2341 each annual operational audit performed pursuant to this
2342 paragraph within 10 days after the audit is finalized.
2343 (b) The Auditor General shall notify the department of any
2344 organization that fails to comply with a request for
2345 information.
2346 (13) SCHOLARSHIP-FUNDING TAX CREDITS.—
2347 (a) A tax credit is available under s. 212.1832(1) for use
2348 by a person that makes an eligible contribution. Eligible
2349 contributions shall be used to fund scholarships under this
2350 section and may be used to fund scholarships under s. 1002.395.
2351 Each eligible contribution is limited to a single payment of
2352 $105 per motor vehicle purchased at the time of purchase of a
2353 motor vehicle or a single payment of $105 per motor vehicle
2354 purchased at the time of registration of a motor vehicle that
2355 was not purchased from a dealer, except that a contribution may
2356 not exceed the state tax imposed under chapter 212 that would
2357 otherwise be collected from the purchaser by a dealer,
2358 designated agent, or private tag agent. Payments of
2359 contributions shall be made to a dealer at the time of purchase
2360 of a motor vehicle or to a designated agent or private tag agent
2361 at the time of registration of a motor vehicle that was not
2362 purchased from a dealer. An eligible contribution shall be
2363 accompanied by a contribution election form provided by the
2364 Department of Revenue. The form shall include, at a minimum, the
2365 following brief description of the Hope Scholarship Program and
2366 the Florida Tax Credit Scholarship Program: “THE HOPE
2367 SCHOLARSHIP PROGRAM PROVIDES A PUBLIC SCHOOL STUDENT WHO WAS
2368 SUBJECTED TO AN INCIDENT OF VIOLENCE OR BULLYING AT SCHOOL THE
2369 OPPORTUNITY TO APPLY FOR A SCHOLARSHIP TO ATTEND AN ELIGIBLE
2370 PRIVATE SCHOOL RATHER THAN REMAIN IN AN UNSAFE SCHOOL
2371 ENVIRONMENT. THE FLORIDA TAX CREDIT SCHOLARSHIP PROGRAM PROVIDES
2372 A LOW-INCOME STUDENT THE OPPORTUNITY TO APPLY FOR A SCHOLARSHIP
2373 TO ATTEND AN ELIGIBLE PRIVATE SCHOOL.” The form shall also
2374 include, at a minimum, a section allowing the consumer to
2375 designate, from all participating scholarship-funding
2376 organizations, which organization will receive his or her
2377 donation. For purposes of this subsection, the term “purchase”
2378 does not include the lease or rental of a motor vehicle.
2379 (b) A dealer, designated agent, or private tag agent shall:
2380 1. Provide the purchaser the contribution election form, as
2381 provided by the Department of Revenue, at the time of purchase
2382 of a motor vehicle or at the time of registration of a motor
2383 vehicle that was not purchased from a dealer.
2384 2. Collect eligible contributions.
2385 3. Using a form provided by the Department of Revenue,
2386 which shall include the dealer’s or agent’s federal employer
2387 identification number, remit to an organization no later than
2388 the date the return filed pursuant to s. 212.11 is due the total
2389 amount of contributions made to that organization and collected
2390 during the preceding reporting period. Using the same form, the
2391 dealer or agent shall also report this information to the
2392 Department of Revenue no later than the date the return filed
2393 pursuant to s. 212.11 is due.
2394 4. Report to the Department of Revenue on each return filed
2395 pursuant to s. 212.11 the total amount of credits granted under
2396 s. 212.1832 for the preceding reporting period.
2397 (c) An organization shall report to the Department of
2398 Revenue, on or before the 20th day of each month, the total
2399 amount of contributions received pursuant to paragraph (b) in
2400 the preceding calendar month on a form provided by the
2401 Department of Revenue. Such report shall include:
2402 1. The federal employer identification number of each
2403 designated agent, private tag agent, or dealer who remitted
2404 contributions to the organization during that reporting period.
2405 2. The amount of contributions received from each
2406 designated agent, private tag agent, or dealer during that
2407 reporting period.
2408 (d) A person who, with the intent to unlawfully deprive or
2409 defraud the program of its moneys or the use or benefit thereof,
2410 fails to remit a contribution collected under this section is
2411 guilty of theft, punishable as follows:
2412 1. If the total amount stolen is less than $300, the
2413 offense is a misdemeanor of the second degree, punishable as
2414 provided in s. 775.082 or s. 775.083. Upon a second conviction,
2415 the offender is guilty of a misdemeanor of the first degree,
2416 punishable as provided in s. 775.082 or s. 775.083. Upon a third
2417 or subsequent conviction, the offender is guilty of a felony of
2418 the third degree, punishable as provided in s. 775.082, s.
2419 775.083, or s. 775.084.
2420 2. If the total amount stolen is $300 or more, but less
2421 than $20,000, the offense is a felony of the third degree,
2422 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2423 3. If the total amount stolen is $20,000 or more, but less
2424 than $100,000, the offense is a felony of the second degree,
2425 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2426 4. If the total amount stolen is $100,000 or more, the
2427 offense is a felony of the first degree, punishable as provided
2428 in s. 775.082, s. 775.083, or s. 775.084.
2429 (e) A person convicted of an offense under paragraph (d)
2430 shall be ordered by the sentencing judge to make restitution to
2431 the organization in the amount that was stolen from the program.
2432 (f) Upon a finding that a dealer failed to remit a
2433 contribution under subparagraph (b)3. for which the dealer
2434 claimed a credit pursuant to s. 212.1832(2), the Department of
2435 Revenue shall notify the affected organizations of the dealer’s
2436 name, address, federal employer identification number, and
2437 information related to differences between credits taken by the
2438 dealer pursuant to s. 212.1832(2) and amounts remitted to the
2439 eligible nonprofit scholarship-funding organization under
2440 subparagraph (b)3.
2441 (g) Any dealer, designated agent, private tag agent, or
2442 organization that fails to timely submit reports to the
2443 Department of Revenue as required in paragraphs (b) and (c) is
2444 subject to a penalty of $1,000 for every month, or part thereof,
2445 the report is not provided, up to a maximum amount of $10,000.
2446 Such penalty shall be collected by the Department of Revenue and
2447 shall be transferred into the General Revenue Fund. Such penalty
2448 must be settled or compromised if it is determined by the
2449 Department of Revenue that the noncompliance is due to
2450 reasonable cause and not due to willful negligence, willful
2451 neglect, or fraud.
2452 (14) LIABILITY.—The state is not liable for the award of or
2453 any use of awarded funds under this section.
2454 (15) SCOPE OF AUTHORITY.—This section does not expand the
2455 regulatory authority of this state, its officers, or any school
2456 district to impose additional regulation on participating
2457 private schools beyond those reasonably necessary to enforce
2458 requirements expressly set forth in this section.
2459 (5)(16) RULES.—The State Board of Education shall adopt
2460 rules to administer this section, except the Department of
2461 Revenue shall adopt rules to administer subsection (13).
2462 Section 6. Paragraph (i) of subsection (1) of section
2463 1002.421, Florida Statutes, is amended to read:
2464 1002.421 State school choice scholarship program
2465 accountability and oversight.—
2466 (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private
2467 school participating in an educational scholarship program
2468 established pursuant to this chapter must be a private school as
2469 defined in s. 1002.01 in this state, be registered, and be in
2470 compliance with all requirements of this section in addition to
2471 private school requirements outlined in s. 1002.42, specific
2472 requirements identified within respective scholarship program
2473 laws, and other provisions of Florida law that apply to private
2474 schools, and must:
2475 (i) Maintain a physical location in the state at which each
2476 student has regular and direct contact with teachers. Regular
2477 and direct contact with teachers may be satisfied for students
2478 enrolled in a personalized education program if students have
2479 regular and direct contact with teachers at the physical
2480 location at least two school days per week and the student
2481 learning plan addresses the remaining instructional time.
2482
2483 The department shall suspend the payment of funds to a private
2484 school that knowingly fails to comply with this subsection, and
2485 shall prohibit the school from enrolling new scholarship
2486 students, for 1 fiscal year and until the school complies. If a
2487 private school fails to meet the requirements of this subsection
2488 or has consecutive years of material exceptions listed in the
2489 report required under paragraph (q), the commissioner may
2490 determine that the private school is ineligible to participate
2491 in a scholarship program.
2492 Section 7. Paragraph (a) of subsection (2) of section
2493 1002.45, Florida Statutes, is amended to read:
2494 1002.45 Virtual instruction programs.—
2495 (2) PROVIDER QUALIFICATIONS.—
2496 (a) The department shall annually publish on its website a
2497 list of providers approved by the State Board of Education to
2498 offer virtual instruction programs. To be approved, a virtual
2499 instruction program provider must document that it:
2500 1. Is nonsectarian in its programs, admission policies,
2501 employment practices, and operations;
2502 1.2. Complies with the antidiscrimination provisions of s.
2503 1000.05;
2504 2.3. Locates an administrative office or offices in this
2505 state, requires its administrative staff to be state residents,
2506 requires all instructional staff to be Florida-certified
2507 teachers under chapter 1012 and conducts background screenings
2508 for all employees or contracted personnel, as required by s.
2509 1012.32, using state and national criminal history records;
2510 3.4. Electronically provides to parents and students
2511 specific information that includes, but is not limited to, the
2512 following teacher-parent and teacher-student contact information
2513 for each course:
2514 a. How to contact the instructor via phone, e-mail, or
2515 online messaging tools.
2516 b. How to contact technical support via phone, e-mail, or
2517 online messaging tools.
2518 c. How to contact the administration office via phone, e
2519 mail, or online messaging tools.
2520 d. Any requirement for regular contact with the instructor
2521 for the course and clear expectations for meeting the
2522 requirement.
2523 e. The requirement that the instructor in each course must,
2524 at a minimum, conduct one contact with the parent and the
2525 student each month;
2526 4.5. Possesses prior, successful experience offering
2527 virtual instruction courses to elementary, middle, or high
2528 school students as demonstrated by quantified student learning
2529 gains in each subject area and grade level provided for
2530 consideration as an instructional program option. However, for a
2531 virtual instruction program provider without sufficient prior,
2532 successful experience offering online courses, the State Board
2533 of Education may conditionally approve the virtual instruction
2534 program provider to offer courses measured pursuant to
2535 subparagraph (7)(a)2. Conditional approval shall be valid for 1
2536 school year only and, based on the virtual instruction program
2537 provider’s experience in offering the courses, the State Board
2538 of Education may grant approval to offer a virtual instruction
2539 program;
2540 5.6. Is accredited by a regional accrediting association as
2541 defined by State Board of Education rule;
2542 6.7. Ensures instructional and curricular quality through a
2543 detailed curriculum and student performance accountability plan
2544 that addresses every subject and grade level it intends to
2545 provide through contract with the school district, including:
2546 a. Courses and programs that meet the standards of the
2547 International Association for K-12 Online Learning and the
2548 Southern Regional Education Board.
2549 b. Instructional content and services that align with, and
2550 measure student attainment of, student proficiency in the state
2551 academic standards.
2552 c. Mechanisms that determine and ensure that a student has
2553 satisfied requirements for grade level promotion and high school
2554 graduation with a standard diploma, as appropriate;
2555 7.8. Publishes, in accordance with disclosure requirements
2556 adopted in rule by the State Board of Education, as part of its
2557 application as an approved virtual instruction program provider
2558 and in all contracts negotiated pursuant to this section:
2559 a. Information and data about the curriculum of each full
2560 time and part-time virtual instruction program.
2561 b. School policies and procedures.
2562 c. Certification status and physical location of all
2563 administrative and instructional personnel.
2564 d. Hours and times of availability of instructional
2565 personnel.
2566 e. Student-teacher ratios.
2567 f. Student completion and promotion rates.
2568 g. Student, educator, and school performance accountability
2569 outcomes;
2570 8.9. If the approved virtual instruction program provider
2571 is a Florida College System institution, employs instructors who
2572 meet the certification requirements for instructional staff
2573 under chapter 1012; and
2574 9.10. Performs an annual financial audit of its accounts
2575 and records conducted by an independent auditor who is a
2576 certified public accountant licensed under chapter 473. The
2577 independent auditor shall conduct the audit in accordance with
2578 rules adopted by the Auditor General and in compliance with
2579 generally accepted auditing standards, and include a report on
2580 financial statements presented in accordance with generally
2581 accepted accounting principles. The audit report shall be
2582 accompanied by a written statement from the approved virtual
2583 instruction program provider in response to any deficiencies
2584 identified within the audit report and shall be submitted by the
2585 approved virtual instruction program provider to the State Board
2586 of Education and the Auditor General no later than 9 months
2587 after the end of the preceding fiscal year.
2588 Section 8. Paragraph (c) of subsection (1) of section
2589 1003.4156, Florida Statutes, is amended to read:
2590 1003.4156 General requirements for middle grades
2591 promotion.—
2592 (1) In order for a student to be promoted to high school
2593 from a school that includes middle grades 6, 7, and 8, the
2594 student must successfully complete the following courses:
2595 (c) Three middle grades or higher courses in social
2596 studies. One of these courses must be at least a one-semester
2597 civics education course that includes the roles and
2598 responsibilities of federal, state, and local governments; the
2599 structures and functions of the legislative, executive, and
2600 judicial branches of government; and the meaning and
2601 significance of historic documents, such as the Articles of
2602 Confederation, the Declaration of Independence, and the
2603 Constitution of the United States. All instructional materials
2604 for the civics education course must be reviewed and approved by
2605 the Commissioner of Education, in consultation with
2606 organizations that may include, but are not limited to, the
2607 Florida Joint Center for Citizenship, the Bill of Rights
2608 Institute, Hillsdale College, the Gilder Lehrman Institute of
2609 American History, iCivics, and the Constitutional Sources
2610 Project, and with educators, school administrators,
2611 postsecondary education representatives, elected officials,
2612 business and industry leaders, parents, and the public. Any
2613 errors and inaccuracies the commissioner identifies in state
2614 adopted materials must be corrected pursuant to s. 1006.35.
2615 After consulting with such entities and individuals, the
2616 commissioner shall review the current state-approved civics
2617 education course instructional materials and the test
2618 specifications for the statewide, standardized EOC assessment in
2619 civics education and shall make recommendations for improvements
2620 to the materials and test specifications by December 31, 2019.
2621 By December 31, 2020, the department shall complete a review of
2622 the statewide civics education course standards. Each student’s
2623 performance on the statewide, standardized EOC assessment in
2624 civics education required under s. 1008.22 constitutes 30
2625 percent of the student’s final course grade. A middle grades
2626 student who transfers into the state’s public school system from
2627 out of country, out of state, a private school, a personalized
2628 education program, or a home education program after the
2629 beginning of the second term of grade 8 is not required to meet
2630 the civics education requirement for promotion from the middle
2631 grades if the student’s transcript documents passage of three
2632 courses in social studies or two year-long courses in social
2633 studies that include coverage of civics education.
2634 Section 9. Subsection (6) of section 1003.4282, Florida
2635 Statutes, is amended to read:
2636 1003.4282 Requirements for a standard high school diploma.—
2637 (6) UNIFORM TRANSFER OF HIGH SCHOOL CREDITS.—Beginning with
2638 the 2012-2013 school year, if a student transfers to a Florida
2639 public high school from out of country, out of state, a private
2640 school, a personalized education program, or a home education
2641 program and the student’s transcript shows a credit in Algebra
2642 I, the student must pass the statewide, standardized Algebra I
2643 EOC assessment in order to earn a standard high school diploma
2644 unless the student earned a comparative score, passed a
2645 statewide assessment in Algebra I administered by the
2646 transferring entity, or passed the statewide mathematics
2647 assessment the transferring entity uses to satisfy the
2648 requirements of the Elementary and Secondary Education Act, as
2649 amended by the Every Student Succeeds Act (ESSA), 20 U.S.C. ss.
2650 6301 et seq. If a student’s transcript shows a credit in high
2651 school reading or English Language Arts II or III, in order to
2652 earn a standard high school diploma, the student must take and
2653 pass the statewide, standardized grade 10 ELA assessment, or
2654 earn a concordant score. If a transfer student’s transcript
2655 shows a final course grade and course credit in Algebra I,
2656 Geometry, Biology I, or United States History, the transferring
2657 course final grade and credit shall be honored without the
2658 student taking the requisite statewide, standardized EOC
2659 assessment and without the assessment results constituting 30
2660 percent of the student’s final course grade.
2661 Section 10. Paragraph (l) of subsection (4) of section
2662 1003.485, Florida Statutes, is amended to read:
2663 1003.485 The New Worlds Reading Initiative.—
2664 (4) ADMINISTRATOR RESPONSIBILITIES.—The administrator
2665 shall:
2666 (l) Expend eligible contributions received only for the
2667 purchase and delivery of books and to implement the requirements
2668 of this section, as well as for administrative expenses not to
2669 exceed 2 percent of total eligible contributions.
2670 Notwithstanding s. 1002.395(6)(l)3. s. 1002.395(6)(l)2., the
2671 administrator may carry forward up to 25 percent of eligible
2672 contributions made before January 1 of each state fiscal year
2673 and 100 percent of eligible contributions made on or after
2674 January 1 of each state fiscal year to the following state
2675 fiscal year for purposes authorized by this subsection. Any
2676 eligible contributions in excess of the allowable carry forward
2677 not used to provide additional books throughout the year to
2678 eligible students shall revert to the state treasury.
2679 Section 11. Effective upon this act becoming a law,
2680 paragraph (e) is added to subsection (5) of section 1004.6495,
2681 Florida Statutes, to read:
2682 1004.6495 Florida Postsecondary Comprehensive Transition
2683 Program and Florida Center for Students with Unique Abilities.—
2684 (5) CENTER RESPONSIBILITIES.—The Florida Center for
2685 Students with Unique Abilities is established within the
2686 University of Central Florida. At a minimum, the center shall:
2687 (e) By July 1, 2024, develop the purchasing guidelines for
2688 authorized uses of scholarship funds for the Family Empowerment
2689 Scholarship Program under s. 1002.394(4)(b) and by each July 1
2690 thereafter, revise such guidelines. The center must consult with
2691 parents of a student with a disability participating in the
2692 scholarship program in the development and revision of the
2693 guidelines and must provide the guidelines to each eligible
2694 nonprofit scholarship-funding organization that awards
2695 scholarships to a student eligible for the scholarship program
2696 under s. 1002.394(3)(b) for publishing on each organization’s
2697 website.
2698 Section 12. Except as otherwise expressly provided in this
2699 act and except for this section, which shall take effect upon
2700 this act becoming a law, this act shall take effect July 1,
2701 2024.