Florida 2022 Regular Session

Florida House Bill H1437 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1437 2022
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to the Hope Scholarship Program; 2
16	16	amending s. 1002.40, F.S.; revising the purpose of the 3
17	17	Hope Scholarship Program; defining terms and revising 4
18	18	definitions; deleting obsolete language; revising 5
19	19	program eligibility; providing for the use of funds 6
20	20	under the program; revising the term of a program 7
21	21	scholarship; revising school district, Department of 8
22	22	Education, parent, and nonprofit scholarship -funding 9
23	23	organization obligations under the program; 10
24	24	authorizing payment of scholarship funds by 11
25	25	organizations to be made by deposit into the student's 12
26	26	account instead of by individual warrant made payable 13
27	27	to the student's parent; providing that accrued 14
28	28	interest in the student's account is in addition to, 15
29	29	and not part of, awarded funds; providing that program 16
30	30	funds include both the awarded funds and accrued 17
31	31	interest; prohibiting a student's scholarship award 18
32	32	from being reduced for debit card or electronic 19
33	33	payment fees; conforming provisions to changes made by 20
34	34	the act; amending ss. 213.053, 1002.394, and 1002.395, 21
35	35	F.S.; conforming cross -references; providing an 22
36	36	effective date. 23
37	37	24
38	38	Be It Enacted by the Legislature of the State of Florida: 25
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40	40	HB 1437 2022
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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52	52	Section 1. Section 100 2.40, Florida Statutes, is amended 27
53	53	to read: 28
54	54	1002.40 The Hope Scholarship Program. — 29
55	55	(1) PURPOSE.—The Hope Scholarship Program is established 30
56	56	to provide the parent of a public school student who was 31
57	57	subjected to an incident listed in subsection (3) or who attends 32
58	58	a school overseen by a district school board that is subject to 33
59	59	ongoing action initiated by the State Board of Education 34
60	60	pursuant to s. 1008.32(4)(b), (c), or (d) an opportunity to 35
61	61	transfer the student to another public school or to request a 36
62	62	scholarship for the student to enroll in and attend an eligible 37
63	63	private school. 38
64	64	(2) DEFINITIONS.—As used in this section, the term: 39
65	65	(a) "Curriculum" means a complete course of study for a 40
66	66	particular content area or grade level, including any required 41
67	67	supplemental materials and associated online instruction. 42
68	68	(b) "Dealer" has the same meaning as provided in s. 43
69	69	212.06. 44
70	70	(c)(b) "Department" means the Department of Education. 45
71	71	(d)(c) "Designated agent" has the same meaning as provided 46
72	72	in s. 212.06(10). 47
73	73	(e)(d) "Eligible contribution" or "contribution" means a 48
74	74	monetary contribution from a person purchasing a motor vehicle, 49
75	75	subject to the restrictions provided in this section, to an 50
76	76
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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86	86
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88	88	eligible nonprofit scholarship -funding organization. The person 51
89	89	making the contribution may not designate a specific student as 52
90	90	the beneficiary of the contribution. 53
91	91	(f)(e) "Eligible nonprofit scholarship -funding 54
92	92	organization" or "organization" has the same meaning as provided 55
93	93	in s. 1002.395(2)(f). 56
94	94	(g)(f) "Eligible private schoo l" has the same meaning as 57
95	95	provided in s. 1002.395(2)(g). 58
96	96	(h) "Inactive" means that no eligible expenditures have 59
97	97	been made from an account funded pursuant to subsection (12). 60
98	98	(i)(g) "Motor vehicle" has the same meaning as provided in 61
99	99	s. 320.01(1)(a), but does not include a heavy truck, truck 62
100	100	tractor, trailer, or motorcycle. 63
101	101	(j)(h) "Parent" means a resident of this state who is a 64
102	102	parent, as defined in s. 1000.21, and whose student reported an 65
103	103	incident in accordance with subsection (7) (6) or whose student 66
104	104	attends a school overseen by a district school board that is 67
105	105	subject to ongoing action initiated by the State Board of 68
106	106	Education pursuant to s. 1008.32(4)(b), (c), or (d) . 69
107	107	(k)(i) "Program" means the Hope Scholarship Program. 70
108	108	(l)(j) "School" means any educational program or activity 71
109	109	conducted by a public K -12 educational institution, any school -72
110	110	related or school-sponsored program or activity, and riding on a 73
111	111	school bus, as define d in s. 1006.25(1), including waiting at a 74
112	112	school bus stop. 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	(k) "Unweighted FTE funding amount" means the statewide 76
126	126	average total funds per unweighted full -time equivalent funding 77
127	127	amount that is incorporated by reference in the General 78
128	128	Appropriations Act, or by a subsequent special appropriations 79
129	129	act, for the applicable state fiscal year. 80
130	130	(3) PROGRAM ELIGIBILITY. —Beginning with the 2018 -2019 81
131	131	school year, Contingent upon available funds, and on a first -82
132	132	come, first-served basis, a student enrolled in a Fl orida public 83
133	133	school in kindergarten through grade 12 is eligible for a 84
134	134	scholarship under this program if : 85
135	135	(a) The student or student's parent reported an incident 86
136	136	in accordance with subsection (6) , regardless of the outcome of 87
137	137	any investigation. For purposes of this section, the term 88
138	138	"incident" means battery; harassment; hazing; bullying; 89
139	139	kidnapping; physical attack; robbery; sexual offenses, 90
140	140	harassment, assault, or battery; threat or intimidation; or 91
141	141	fighting at school, as defined by the department in ac cordance 92
142	142	with s. 1006.09(6); or 93
143	143	(b) The student attends a school overseen by a district 94
144	144	school board that is subject to ongoing action initiated by the 95
145	145	State Board of Education pursuant to s. 1008.32(4)(b), (c), or 96
146	146	(d). 97
147	147	(4) AUTHORIZED USES OF PROGRAM F UNDS.— 98
148	148	(a) Program funds awarded to a student who meets the 99
149	149	eligibility requirements in subsection (3) and who opts to 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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160	160
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162	162	enroll in and attend an eligible private school may be used for: 101
163	163	1. Instructional materials, including digital devices, 102
164	164	digital periphery devices, and assistive technology devices that 103
165	165	allow a student to access instruction or instructional content 104
166	166	and training on the use of and maintenance agreements for these 105
167	167	devices. 106
168	168	2. Curriculum as defined in subsection (2). 107
169	169	3. Tuition and fees at an eligible private school. 108
170	170	4. Fees for nationally standardized, norm -referenced 109
171	171	achievement tests, Advanced Placement Examinations, industry 110
172	172	certification examinations, assessments related to postsecondary 111
173	173	education, or other assessments. 112
174	174	5. Contributions to the Stanley G. Tate Florida Prepaid 113
175	175	College Program pursuant to s. 1009.98 or the Florida College 114
176	176	Savings Program pursuant to s. 1009.981 for the benefit of the 115
177	177	eligible student. 116
178	178	(b) Program funds awarded to a student who meets the 117
179	179	eligibility requirements in subsection (3) and who opts to 118
180	180	transfer to a public school located outside the district in 119
181	181	which the student resides pursuant to s. 1002.31 may be used to 120
182	182	transport the student. 121
183	183	(5) PROGRAM PROHIBITIONS. —Payment of a scholarship to a 122
184	184	student enrolled in a private school may not be made if a 123
185	185	student is: 124
186	186	(a) Enrolled in a public school, including, but not 125
187	187
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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197	197
198	198
199	199	limited to, the Florida School for the Deaf and the Blind; the 126
200	200	College-Preparatory Boarding Academy; a developmental research 127
201	201	school authorized under s. 1002.32; or a charter school 128
202	202	authorized under s. 1002.33, s. 1002.331, or s. 1002.332; 129
203	203	(b) Enrolled in a school operating for the purpose of 130
204	204	providing educational services to youth in the Department of 131
205	205	Juvenile Justice commitment progra ms; 132
206	206	(c) Participating in a virtual school, correspondence 133
207	207	school, or distance learning program that receives state funding 134
208	208	pursuant to the student's participation unless the participation 135
209	209	is limited to no more than two courses per school year; or 136
210	210	(d) Receiving any other educational scholarship pursuant 137
211	211	to this chapter. 138
212	212	(6)(5) TERM OF HOPE SCHOLARSHIP. —For purposes of 139
213	213	continuity of educational choice :, 140
214	214	(a) A Hope scholarship shall remain in force until : 141
215	215	1. The student returns to public school or graduates from 142
216	216	high school, whichever occurs first. A scholarship student who 143
217	217	enrolls in a public school or public school program is 144
218	218	considered to have returned to a public school for the purpose 145
219	219	of determining the end of the scholarship's term ; 146
220	220	2. The parent does not renew program eligibility; 147
221	221	3. The organization determines that the student is not 148
222	222	eligible for program renewal; 149
223	223	4. The Commissioner of Education suspends or revokes 150
224	224
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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234	234
235	235
236	236	program participation or use o f funds; or 151
237	237	5. The student's parent has forfeited participation in the 152
238	238	program for failure to comply with subsection (10) . 153
239	239	(b) Reimbursements for program expenditures may continue 154
240	240	until the account balance is expended or the account is closed. 155
241	241	(c) A student's scholarship account must be closed and any 156
242	242	remaining funds, including, but not limited to, contributions 157
243	243	made to the Stanley G. Tate Florida Prepaid College Program or 158
244	244	earnings from or contributions made to the Florida College 159
245	245	Savings Program using program funds pursuant to subparagraph 160
246	246	(4)(a)5., shall revert to the organization after: 161
247	247	1. Denial or revocation of program eligibility by the 162
248	248	commissioner for fraud or abuse, including, but not limited to, 163
249	249	the student or student's parent accepting an y payment, refund, 164
250	250	or rebate, in any manner, from a provider of any goods or 165
251	251	services received pursuant to subsection (4); or 166
252	252	2. Two consecutive fiscal years during which an account 167
253	253	has been inactive. 168
254	254	(7)(6) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTION S.— 169
255	255	(a) Upon receipt of a report of an incident, the school 170
256	256	principal, or his or her designee, shall provide a copy of the 171
257	257	report to the parent and investigate the incident to determine 172
258	258	if the incident must be reported as required by s. 1006.09(6). 173
259	259	Within 24 hours after receipt of the report, the principal or 174
260	260	his or her designee shall provide a copy of the report to the 175
261	261
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273	273	parent of the alleged offender and to the superintendent. Upon 176
274	274	conclusion of the investigation or within 15 days after the 177
275	275	incident was reported, whichever occurs first, the school 178
276	276	district shall notify the parent of the program and offer the 179
277	277	parent an opportunity to enroll his or her student in another 180
278	278	public school that has capacity or to request and receive a 181
279	279	scholarship to attend an eli gible private school, subject to 182
280	280	available funding. The school district shall provide such notice 183
281	281	and offer regardless of the outcome of any investigation. 184
282	282	(b) A parent of a student who is eligible pursuant to 185
283	283	paragraph (3)(a) may, at any time after the submission of the 186
284	284	report, apply directly to an organization participating in the 187
285	285	scholarship program for a scholarship. The parent must include a 188
286	286	copy of the submitted report with the application. 189
287	287	(c) A parent who chooses to enroll his or her student in a 190
288	288	public school located outside the district in which the student 191
289	289	resides pursuant to s. 1002.31 shall be eligible for a 192
290	290	scholarship to transport the student as provided in paragraph 193
291	291	(12)(b) (11)(b). 194
292	292	(d)(b) For each student participating in the program i n an 195
293	293	eligible private school who chooses to participate in the 196
294	294	statewide assessments under s. 1008.22 or the Florida Alternate 197
295	295	Assessment, the school district in which the student resides 198
296	296	must notify the student and his or her parent about the 199
297	297	locations and times to take all statewide assessments. 200
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310	310	(e) Each school district shall publish information about 201
311	311	the program on the district's website homepage. At a minimum, 202
312	312	the published information must include a website link to the 203
313	313	program published on the Depart ment of Education website as well 204
314	314	as a telephone number and an e -mail address that students and 205
315	315	parents may use to contact relevant personnel in the school 206
316	316	district to obtain information about the scholarship program. 207
317	317	(8)(7) PRIVATE SCHOOL ELIGIBILITY AN D OBLIGATIONS.—An 208
318	318	eligible private school may be sectarian or nonsectarian and 209
319	319	shall: 210
320	320	(a) Comply with all requirements for private schools 211
321	321	participating in state school choice scholarship programs 212
322	322	pursuant to this section and s. 1002.421. 213
323	323	(b)1. Annually administer or make provision for students 214
324	324	participating in the program in grades 3 through 10 to take one 215
325	325	of the nationally norm -referenced tests identified by the 216
326	326	department or the statewide assessments pursuant to s. 1008.22. 217
327	327	Students with disabilities for whom standardized testing is not 218
328	328	appropriate are exempt from this requirement. A participating 219
329	329	private school shall report a student's scores to his or her 220
330	330	parent. 221
331	331	2. Administer the statewide assessments pursuant to s. 222
332	332	1008.22 if a private school ch ooses to offer the statewide 223
333	333	assessments. A participating private school may choose to offer 224
334	334	and administer the statewide assessments to all students who 225
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343	343	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347	347	attend the private school in grades 3 through 10 and must submit 226
348	348	a request in writing to the departmen t by March 1 of each year 227
349	349	in order to administer the statewide assessments in the 228
350	350	subsequent school year. 229
351	351	230
352	352	If a private school fails to meet the requirements of this 231
353	353	subsection or s. 1002.421, the commissioner may determine that 232
354	354	the private school is ineli gible to participate in the program. 233
355	355	(9)(8) DEPARTMENT OF EDUCATION OBLIGATIONS. — 234
356	356	(a) The department shall: 235
357	357	1.(a) Cross-check the list of participating scholarship 236
358	358	students with the public school enrollment lists to avoid 237
359	359	duplication. 238
360	360	2.(b) Maintain a list of nationally norm -referenced tests 239
361	361	identified for purposes of satisfying the testing requirement in 240
362	362	paragraph (10)(g) (9)(f). The tests must meet industry standards 241
363	363	of quality in accordance with State Board of Education rule. 242
364	364	3.(c) Require quarterly reports by an eligible nonprofit 243
365	365	scholarship-funding organization regarding the number of 244
366	366	students participating in the program, the private schools in 245
367	367	which the students are enrolled, the program award amount per 246
368	368	student, the total expenditures for the purposes specified in 247
369	369	subsection (4), and other information deemed necessary by the 248
370	370	department. 249
371	371	4.(d) Contract with an independent entity to provide an 250
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380	380	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384	384	annual evaluation of the program by: 251
385	385	a.1. Reviewing the school bullying prevention education 252
386	386	program, climate, and code of student conduct of each public 253
387	387	school from which 10 or more students transferred to another 254
388	388	public school or private school using the Hope scholarship to 255
389	389	determine areas in the school or school district procedures 256
390	390	involving reporting, investigating, and communicating a parent's 257
391	391	and student's rights that are in need of improvement. At a 258
392	392	minimum, the review must include: 259
393	393	(I)a. An assessment of the investigation time and quality 260
394	394	of the response of the school and the school district . 261
395	395	(II)b. An assessment of the effectiveness of communication 262
396	396	procedures with the students involved in an incident, the 263
397	397	students' parents, and the school and school district personnel. 264
398	398	(III)c. An analysis of school incident and discipline 265
399	399	data. 266
400	400	(IV)d. The challenges and obstacles relating to 267
401	401	implementing recommendations from the review. 268
402	402	b.2. Reviewing the school bullying prevention education 269
403	403	program, climate, and code of student conduct of each public 270
404	404	school to which a student transferred if the stud ent was from a 271
405	405	school identified in subparagraph 1. in order to identify best 272
406	406	practices and make recommendations to a public school at which 273
407	407	the incidents occurred. 274
408	408	c.3. Reviewing the performance of participating students 275
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417	417	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421	421	enrolled in a private school in which at least 51 percent of the 276
422	422	total enrolled students in the prior school year participated in 277
423	423	the program and in which there are at least 10 participating 278
424	424	students who have scores for tests administered. 279
425	425	d.4. Surveying the parents of participating st udents to 280
426	426	determine academic, safety, and school climate satisfaction and 281
427	427	to identify any challenges to or obstacles in addressing the 282
428	428	incident or relating to the use of the scholarship. 283
429	429	5. Publish and update, as necessary, information on the 284
430	430	department website about the program, including, but not limited 285
431	431	to, student eligibility criteria, parental responsibilities, and 286
432	432	relevant data. 287
433	433	6. Deny or terminate program participation upon a parent's 288
434	434	failure to comply with subsection (10). 289
435	435	7. Notify the paren t and the organization when a 290
436	436	scholarship account is closed and program funds revert to the 291
437	437	organization. 292
438	438	8. Require each organization to verify eligible 293
439	439	expenditures before the distribution of funds for any 294
440	440	expenditures made pursuant to subparagraphs (4 )(a)1. and 2. 295
441	441	Review of expenditures made for services specified in 296
442	442	subparagraphs (4)(a)3., 4., and 5. may be completed after the 297
443	443	purchase is made. 298
444	444	9. Investigate any written complaint of a violation of 299
445	445	this section by a parent, a student, a private scho ol, a public 300
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454	454	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458	458	school, a school district, an organization, or another 301
459	459	appropriate party in accordance with the process established 302
460	460	under s. 1002.421. 303
461	461	(b) At the direction of the commissioner, the department 304
462	462	may: 305
463	463	1. Suspend or revoke the program participa tion or use of 306
464	464	program funds by the student or the participation or eligibility 307
465	465	of an organization, eligible private school, or other party for 308
466	466	a violation of this section. 309
467	467	2. Determine the length of, and conditions for lifting, a 310
468	468	suspension or revocatio n specified in this paragraph. 311
469	469	3. Recover unexpended program funds to recover program 312
470	470	funds that were not authorized for use. Funds recovered in this 313
471	471	manner must be returned to the organization. 314
472	472	315
473	473	In determining whether to suspend or revoke participation or to 316
474	474	lift a suspension or revocation in accordance with this 317
475	475	paragraph, the department may consider factors that include, but 318
476	476	are not limited to, acts or omissions that led to a previous 319
477	477	suspension or revocation of participation in a state or federal 320
478	478	program or an education scholarship program; failure to 321
479	479	reimburse the organization for funds improperly received or 322
480	480	retained; failure to reimburse government funds improperly 323
481	481	received or retained; imposition of a prior criminal sanction 324
482	482	related to the person o r entity or its officers or employees; 325
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491	491	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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493	493
494	494
495	495	imposition of a civil fine or an administrative fine, license 326
496	496	revocation or suspension, or program eligibility suspension, 327
497	497	termination, or revocation related to a person's or an entity's 328
498	498	management or operation; or ot her types of criminal proceedings 329
499	499	in which the person or entity or its officers or employees were 330
500	500	found guilty of, regardless of adjudication, or entered a plea 331
501	501	of nolo contendere or guilty to, any offense involving fraud, 332
502	502	deceit, dishonesty, or moral turp itude. 333
503	503	(10)(9) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 334
504	504	PARTICIPATION.—A parent who applies for a Hope scholarship is 335
505	505	exercising his or her parental option to place his or her 336
506	506	student in an eligible private school or another public school . 337
507	507	(a) The parent must select an eligible private school or 338
508	508	another public school and apply for the admission of his or her 339
509	509	student. 340
510	510	(b) The parent must inform the student's school district 341
511	511	when the parent withdraws his or her student to attend an 342
512	512	eligible private school or a public school in a different school 343
513	513	district. 344
514	514	(c) Any student participating in the program must remain 345
515	515	in attendance throughout the school year unless excused by the 346
516	516	school for illness or other good cause. 347
517	517	(d) Each parent and each studen t has an obligation to the 348
518	518	private school to comply with such school's published policies. 349
519	519	(e) Upon reasonable notice to the department and the 350
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523	523
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528	528	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
529	529
530	530
531	531
532	532	school district, the parent may remove the student from the 351
533	533	private school and place the student in a public s chool in 352
534	534	accordance with this section. 353
535	535	(f) Upon reasonable notice to the organization, the 354
536	536	student's parent may move the student from one eligible private 355
537	537	school to another eligible private school. 356
538	538	(g) The parent must ensure that the student participat ing 357
539	539	in the program takes the norm -referenced assessment offered by 358
540	540	the private school. The parent may also choose to have the 359
541	541	student participate in the statewide assessments pursuant to s. 360
542	542	1008.22. If the parent requests that the student take the 361
543	543	statewide assessments pursuant to s. 1008.22 and the private 362
544	544	school has not chosen to offer and administer the statewide 363
545	545	assessments, the parent is responsible for transporting the 364
546	546	student to the assessment site designated by the school 365
547	547	district. 366
548	548	(h)(g) Upon receipt of a scholarship warrant, the parent 367
549	549	to whom the warrant is made must restrictively endorse the 368
550	550	warrant to the private school for deposit into the account of 369
551	551	such school. If payment is made by funds transfer in accordance 370
552	552	with paragraph (12)(d) (11)(d), the parent must approve each 371
553	553	payment before the scholarship funds may be deposited. The 372
554	554	parent may not designate any entity or individual associated 373
555	555	with the participating private school as the parent's attorney 374
556	556	in fact to endorse a scholarship warrant or approve a funds 375
557	557
558	558	HB 1437 2022
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560	560
561	561
562	562	CODING: Words stricken are deletions; words underlined are additions.
563	563	hb1437-00
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565	565	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566	566
567	567
568	568
569	569	transfer. A parent who fails to comply with this paragraph 376
570	570	forfeits the scholarship. 377
571	571	(i) The parent must renew participation in the program 378
572	572	each year. A student whose participation in the program is not 379
573	573	renewed may continue to spend sc holarship funds in his or her 380
574	574	account from prior years unless the account must be closed 381
575	575	pursuant to paragraph (6)(c). 382
576	576	(j) The parent is responsible for making authorized uses 383
577	577	of program funds and for all authorized uses of program funds in 384
578	578	excess of the amount of the scholarship. If a parent does not 385
579	579	make authorized uses of program funds for the student, and the 386
580	580	student's account has been inactive for 2 consecutive fiscal 387
581	581	years, the student is ineligible for additional scholarship 388
582	582	payments until the orga nization verifies that expenditures from 389
583	583	the account have occurred. 390
584	584	(k) The parent must sign an agreement with the 391
585	585	organization and annually submit a sworn compliance statement to 392
586	586	the organization to satisfy or maintain program eligibility, 393
587	587	including eligibility to receive and spend program payments, by 394
588	588	affirming that: 395
589	589	1. The student is enrolled in and in good standing with an 396
590	590	eligible private school or a public school. 397
591	591	2. The student remains in attendance throughout the school 398
592	592	year unless excused by the school for illness or other good 399
593	593	cause. 400
594	594
595	595	HB 1437 2022
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602	602	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603	603
604	604
605	605
606	606	3. Program funds are used only for authorized uses as 401
607	607	described in subsection (4); that any prepaid college plan or 402
608	608	college savings plan funds contributed will not be transferred 403
609	609	to another beneficiary while th e plan contains funds contributed 404
610	610	pursuant to this section; and that the parent will not receive a 405
611	611	payment, refund, or rebate of any funds provided under this 406
612	612	section. 407
613	613	(l) A participant who fails to comply with this subsection 408
614	614	forfeits the scholarship. 409
615	615	(11)(10) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP -410
616	616	FUNDING ORGANIZATIONS. —An eligible nonprofit scholarship -funding 411
617	617	organization may establish scholarships for eligible students 412
618	618	by: 413
619	619	(a) Receiving applications and determining student 414
620	620	eligibility in accordance with the requirements of this section. 415
621	621	(b) Notifying parents of their receipt of a scholarship on 416
622	622	a first-come, first-served basis, based upon available funds. 417
623	623	(c) Establishing a date by which the parent of a 418
624	624	participating student must confirm continuing participation in 419
625	625	the program. 420
626	626	(d) Awarding scholarship funds to eligible students, 421
627	627	giving priority to renewing students from the previous year. 422
628	628	(e) Preparing and submitting quarterly reports to the 423
629	629	department pursuant to paragraph (9)(a)3 (8)(c). In addition, an 424
630	630	eligible nonprofit scholarship -funding organization must submit 425
631	631
632	632	HB 1437 2022
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635	635
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639	639	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640	640
641	641
642	642
643	643	in a timely manner any information requested by the department 426
644	644	relating to the program. 427
645	645	(f) Establishing and maintaining separate accounts for 428
646	646	each eligible student. For each account, the organization shall 429
647	647	maintain a record of accrued interest that is retained in the 430
648	648	student's account and available only for authorized uses of 431
649	649	program funds. 432
650	650	(g) Verifying that scholarship funds are used for the 433
651	651	authorized purposes described in subsection (4). 434
652	652	(h) Documenting each scholarship student's eligibility for 435
653	653	a fiscal year before granting a scholarship for that fiscal 436
654	654	year. A student is ineligible for a scholarship if the student's 437
655	655	account has been inactive for 2 conse cutive fiscal years. 438
656	656	(i) Notifying the department of any violation of this 439
657	657	section. 440
658	658	(12)(11) FUNDING AND PAYMENT. — 441
659	659	(a) For students initially eligible in the 2019 -2020 442
660	660	school year or thereafter, The calculated amount for a student 443
661	661	to attend an eligible private school shall be calculated in 444
662	662	accordance with s. 1002.394(12)(a). 445
663	663	(b) The maximum amount awarded to a student enrolled in a 446
664	664	public school located outside of the district in which the 447
665	665	student resides shall be $750. 448
666	666	(c) When a student enters t he program, the eligible 449
667	667	nonprofit scholarship -funding organization must receive all 450
668	668
669	669	HB 1437 2022
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676	676	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677	677
678	678
679	679
680	680	documentation required for the student's participation, 451
681	681	including, if applicable, a copy of the report of the incident 452
682	682	received pursuant to subsection (7) (6) and the private school's 453
683	683	and student's fee schedules. The initial payment shall be made 454
684	684	after verification of admission acceptance, and subsequent 455
685	685	payments shall be made upon verification of continued enrollment 456
686	686	and attendance at the private school. 457
687	687	(d) Payment of the scholarship by the eligible nonprofit 458
688	688	scholarship-funding organization may be deposited into the 459
689	689	student's account established by the organization by individual 460
690	690	warrant made payable to the student's parent or by funds 461
691	691	transfer, including, but not limite d to, debit cards, electronic 462
692	692	payment cards, or any other means of payment that the department 463
693	693	deems to be commercially viable or cost -effective. Accrued 464
694	694	interest in the student's account is in addition to, and not 465
695	695	part of, the awarded funds. Program funds include both the 466
696	696	awarded funds and accrued interest If payment is made by 467
697	697	warrant, the warrant must be delivered by the eligible nonprofit 468
698	698	scholarship-funding organization to the private school of the 469
699	699	parent's choice, and the parent shall restrictively en dorse the 470
700	700	warrant to the private school . If payments are made by funds 471
701	701	transfer, the parent must approve each payment before the 472
702	702	scholarship funds may be deposited. The parent may not designate 473
703	703	any entity or individual associated with the participating 474
704	704	private school as the parent's attorney in fact to endorse a 475
705	705
706	706	HB 1437 2022
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713	713	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714	714
715	715
716	716
717	717	scholarship warrant or approve a funds transfer. A student's 476
718	718	scholarship award may not be reduced for debit card or 477
719	719	electronic payment fees. 478
720	720	(e) An eligible nonprofit scholarship -funding organization 479
721	721	shall obtain verification from the private school of a student's 480
722	722	continued attendance at the school for each period covered by a 481
723	723	scholarship payment. 482
724	724	(f) Payment of the scholarship shall be made by the 483
725	725	eligible nonprofit scholarship -funding organization no less 484
726	726	frequently than on a quarterly basis. 485
727	727	(g) An eligible nonprofit scholarship -funding 486
728	728	organization, subject to the limitations of s. 1002.395(6)(j)1., 487
729	729	may use eligible contributions received during the state fiscal 488
730	730	year in which such contributi ons are collected for 489
731	731	administrative expenses. 490
732	732	(h) Moneys received pursuant to this section do not 491
733	733	constitute taxable income to the qualified student or his or her 492
734	734	parent. 493
735	735	(i) Notwithstanding s. 1002.395(6)(j)2., no more than 5 494
736	736	percent of net eligible contributions may be carried forward to 495
737	737	the following state fiscal year by an eligible scholarship -496
738	738	funding organization. For audit purposes, all amounts carried 497
739	739	forward must be specifically identified for individual students 498
740	740	by student name and by the name of the school to which the 499
741	741	student is admitted, subject to the requirements of ss. 1002.21 500
742	742
743	743	HB 1437 2022
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745	745
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750	750	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751	751
752	752
753	753
754	754	and 1002.22 and 20 U.S.C. s. 1232g, and the applicable rules and 501
755	755	regulations issued pursuant to such requirements. Any amounts 502
756	756	carried forward shall be expended for annual scholarships or 503
757	757	partial-year scholarships in the following state fiscal year. 504
758	758	Net eligible contributions remaining on June 30 of each year 505
759	759	which are in excess of the 5 percent that may be carried forward 506
760	760	shall be transferred to other eligible nonpr ofit scholarship-507
761	761	funding organizations participating in the Hope Scholarship 508
762	762	Program to provide scholarships for eligible students. All 509
763	763	transferred funds must be deposited by each eligible nonprofit 510
764	764	scholarship-funding organization receiving such funds int o the 511
765	765	scholarship account of eligible students. All transferred 512
766	766	amounts received by an eligible nonprofit scholarship -funding 513
767	767	organization must be separately disclosed in the annual 514
768	768	financial audit requirement under s. 1002.395(6)(m). If no other 515
769	769	eligible nonprofit scholarship -funding organization participates 516
770	770	in the Hope Scholarship Program, net eligible contributions in 517
771	771	excess of the 5 percent may be used to fund scholarships for 518
772	772	students eligible under s. 1002.395 only after fully exhausting 519
773	773	all contributions made in support of scholarships under that 520
774	774	section in accordance with the priority established in s. 521
775	775	1002.395(6)(e) before prior to awarding any initial 522
776	776	scholarships. 523
777	777	(13)(12) OBLIGATIONS OF THE AUDITOR GENERAL. — 524
778	778	(a) The Auditor General shall con duct an annual 525
779	779
780	780	HB 1437 2022
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783	783
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787	787	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788	788
789	789
790	790
791	791	operational audit of accounts and records of each organization 526
792	792	that participates in the program. As part of this audit, the 527
793	793	Auditor General shall verify, at a minimum, the total number of 528
794	794	students served and transmit that information to the department. 529
795	795	The Auditor General shall provide the commissioner with a copy 530
796	796	of each annual operational audit performed pursuant to this 531
797	797	paragraph within 10 days after the audit is finalized. 532
798	798	(b) The Auditor General shall notify the department of any 533
799	799	organization that fails to comply with a request for 534
800	800	information. 535
801	801	(14)(13) SCHOLARSHIP FUNDING TAX CREDITS. — 536
802	802	(a) A tax credit is available under s. 212.1832(1) for use 537
803	803	by a person that makes an eligible contribution. Eligible 538
804	804	contributions shall be used to fund scholarships under this 539
805	805	section and may be used to fund scholarships under s. 1002.395. 540
806	806	Each eligible contribution is limited to a single payment of 541
807	807	$105 per motor vehicle purchased at the time of purchase of a 542
808	808	motor vehicle or a single payment of $10 5 per motor vehicle 543
809	809	purchased at the time of registration of a motor vehicle that 544
810	810	was not purchased from a dealer, except that a contribution may 545
811	811	not exceed the state tax imposed under chapter 212 that would 546
812	812	otherwise be collected from the purchaser by a d ealer, 547
813	813	designated agent, or private tag agent. Payments of 548
814	814	contributions shall be made to a dealer at the time of purchase 549
815	815	of a motor vehicle or to a designated agent or private tag agent 550
816	816
817	817	HB 1437 2022
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819	819
820	820
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824	824	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825	825
826	826
827	827
828	828	at the time of registration of a motor vehicle that was not 551
829	829	purchased from a dealer. An eligible contribution shall be 552
830	830	accompanied by a contribution election form provided by the 553
831	831	Department of Revenue. The form shall include, at a minimum, the 554
832	832	following brief description of the Hope Scholarship Program and 555
833	833	the Florida Tax Credit Scholarship Program: "THE HOPE 556
834	834	SCHOLARSHIP PROGRAM PROVIDES A PUBLIC SCHOOL STUDENT WHO WAS 557
835	835	SUBJECTED TO AN INCIDENT OF VIOLENCE OR BULLYING AT SCHOOL OR 558
836	836	WHO ATTENDS A SCHOOL OVERSEEN BY A DISTRICT SCHOOL BOARD THAT IS 559
837	837	SUBJECT TO ONGOING ACTION BY T HE STATE BOARD OF EDUCATION THE 560
838	838	OPPORTUNITY TO APPLY FOR A SCHOLARSHIP TO ATTEND AN ELIGIBLE 561
839	839	PRIVATE SCHOOL RATHER THAN REMAIN IN AN UNSAFE SCHOOL 562
840	840	ENVIRONMENT. THE FLORIDA TAX CREDIT SCHOLARSHIP PROGRAM PROVIDES 563
841	841	A LOW-INCOME STUDENT THE OPPORTUNITY TO APPL Y FOR A SCHOLARSHIP 564
842	842	TO ATTEND AN ELIGIBLE PRIVATE SCHOOL." The form shall also 565
843	843	include, at a minimum, a section allowing the consumer to 566
844	844	designate, from all participating scholarship funding 567
845	845	organizations, which organization will receive his or her 568
846	846	donation. For purposes of this subsection, the term "purchase" 569
847	847	does not include the lease or rental of a motor vehicle. 570
848	848	(b) A dealer, designated agent, or private tag agent 571
849	849	shall: 572
850	850	1. Provide the purchaser the contribution election form, 573
851	851	as provided by the Dep artment of Revenue, at the time of 574
852	852	purchase of a motor vehicle or at the time of registration of a 575
853	853
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861	861	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862	862
863	863
864	864
865	865	motor vehicle that was not purchased from a dealer. 576
866	866	2. Collect eligible contributions. 577
867	867	3. Using a form provided by the Department of Revenue, 578
868	868	which shall include the dealer's or agent's federal employer 579
869	869	identification number, remit to an organization no later than 580
870	870	the date the return filed pursuant to s. 212.11 is due the total 581
871	871	amount of contributions made to that organization and collected 582
872	872	during the preceding reporting period. Using the same form, the 583
873	873	dealer or agent shall also report this information to the 584
874	874	Department of Revenue no later than the date the return filed 585
875	875	pursuant to s. 212.11 is due. 586
876	876	4. Report to the Department of Revenue on each return 587
877	877	filed pursuant to s. 212.11 the total amount of credits granted 588
878	878	under s. 212.1832 for the preceding reporting period. 589
879	879	(c) An organization shall report to the Department of 590
880	880	Revenue, on or before the 20th day of each month, the total 591
881	881	amount of contributions received pursuant to paragraph (b) in 592
882	882	the preceding calendar month on a form provided by the 593
883	883	Department of Revenue. Such report shall include: 594
884	884	1. The federal employer identification number of each 595
885	885	designated agent, private tag agent, or dealer who remitted 596
886	886	contributions to the organization during that reporting period. 597
887	887	2. The amount of contributions received from each 598
888	888	designated agent, private tag agent, or dealer during that 599
889	889	reporting period. 600
890	890
891	891	HB 1437 2022
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898	898	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899	899
900	900
901	901
902	902	(d) A person who, with the intent to unlawfully depr ive or 601
903	903	defraud the program of its moneys or the use or benefit thereof, 602
904	904	fails to remit a contribution collected under this section is 603
905	905	guilty of theft, punishable as follows: 604
906	906	1. If the total amount stolen is less than $300, the 605
907	907	offense is a misdemeanor of the second degree, punishable as 606
908	908	provided in s. 775.082 or s. 775.083. Upon a second conviction, 607
909	909	the offender is guilty of a misdemeanor of the first degree, 608
910	910	punishable as provided in s. 775.082 or s. 775.083. Upon a third 609
911	911	or subsequent conviction, the of fender is guilty of a felony of 610
912	912	the third degree, punishable as provided in s. 775.082, s. 611
913	913	775.083, or s. 775.084. 612
914	914	2. If the total amount stolen is $300 or more, but less 613
915	915	than $20,000, the offense is a felony of the third degree, 614
916	916	punishable as provided i n s. 775.082, s. 775.083, or s. 775.084. 615
917	917	3. If the total amount stolen is $20,000 or more, but less 616
918	918	than $100,000, the offense is a felony of the second degree, 617
919	919	punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 618
920	920	4. If the total amount sto len is $100,000 or more, the 619
921	921	offense is a felony of the first degree, punishable as provided 620
922	922	in s. 775.082, s. 775.083, or s. 775.084. 621
923	923	(e) A person convicted of an offense under paragraph (d) 622
924	924	shall be ordered by the sentencing judge to make restitution t o 623
925	925	the organization in the amount that was stolen from the program. 624
926	926	(f) Upon a finding that a dealer failed to remit a 625
927	927
928	928	HB 1437 2022
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930	930
931	931
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935	935	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
936	936
937	937
938	938
939	939	contribution under subparagraph (b)3. for which the dealer 626
940	940	claimed a credit pursuant to s. 212.1832(2), the Department of 627
941	941	Revenue shall notify the affected organizations of the dealer's 628
942	942	name, address, federal employer identification number, and 629
943	943	information related to differences between credits taken by the 630
944	944	dealer pursuant to s. 212.1832(2) and amounts remitted to the 631
945	945	eligible nonprofit sc holarship-funding organization under 632
946	946	subparagraph (b)3. 633
947	947	(g) Any dealer, designated agent, private tag agent, or 634
948	948	organization that fails to timely submit reports to the 635
949	949	Department of Revenue as required in paragraphs (b) and (c) is 636
950	950	subject to a penalty of $1,000 for every month, or part thereof, 637
951	951	the report is not provided, up to a maximum amount of $10,000. 638
952	952	Such penalty shall be collected by the Department of Revenue and 639
953	953	shall be transferred into the General Revenue Fund. Such penalty 640
954	954	must be settled or co mpromised if it is determined by the 641
955	955	Department of Revenue that the noncompliance is due to 642
956	956	reasonable cause and not due to willful negligence, willful 643
957	957	neglect, or fraud. 644
958	958	(15)(14) LIABILITY.—The state is not liable for the award 645
959	959	of or any use of awarded funds under this section. 646
960	960	(16)(15) SCOPE OF AUTHORITY.—This section does not expand 647
961	961	the regulatory authority of this state, its officers, or any 648
962	962	school district to impose additional regulation on participating 649
963	963	private schools beyond those reasonably nece ssary to enforce 650
964	964
965	965	HB 1437 2022
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967	967
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972	972	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
973	973
974	974
975	975
976	976	requirements expressly set forth in this section. 651
977	977	(17)(16) RULES.—The State Board of Education shall adopt 652
978	978	rules to administer this section, except the Department of 653
979	979	Revenue shall adopt rules to administer subsection (14) (13). 654
980	980	Section 2. Paragraph (a) of subsection (22) of section 655
981	981	213.053, Florida Statutes, is amended to read: 656
982	982	213.053 Confidentiality and information sharing. — 657
983	983	(22)(a) The department may provide to an eligible 658
984	984	nonprofit scholarship -funding organization, as defined in s. 659
985	985	1002.40, a dealer's name, address, federal employer 660
986	986	identification number, and information related to differences 661
987	987	between credits taken by the dealer pursuant to s. 212.1832(2) 662
988	988	and amounts remitted to the eligible nonprofit scholarship -663
989	989	funding organization under s. 1002.40(14)(b)3 s. 664
990	990	1002.40(13)(b)3. The eligible nonprofit scholarship -funding 665
991	991	organization may use the information for purposes of recovering 666
992	992	eligible contributions designated for that organization that 667
993	993	were collected by the dealer but nev er remitted to the 668
994	994	organization. 669
995	995	Section 3. Paragraph (a) of subsection (12) of section 670
996	996	1002.394, Florida Statutes, is amended to read: 671
997	997	1002.394 The Family Empowerment Scholarship Program. — 672
998	998	(12) SCHOLARSHIP FUNDING AND PAYMENT. — 673
999	999	(a)1. Scholarships for students determined eligible 674
1000	1000	pursuant to paragraph (3)(a) are established for up to 18,000 675
1001	1001
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1009	1009	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1010	1010
1011	1011
1012	1012
1013	1013	students annually beginning in the 2019 -2020 school year. 676
1014	1014	Beginning in the 2020 -2021 school year, the maximum number of 677
1015	1015	students participating in the scholarsh ip program under this 678
1016	1016	section shall annually increase by 1.0 percent of the state's 679
1017	1017	total public school student enrollment. An eligible student who 680
1018	1018	meets any of the following requirements shall be excluded from 681
1019	1019	the maximum number of students if the student : 682
1020	1020	a. Received a scholarship pursuant to s. 1002.395 during 683
1021	1021	the previous school year but did not receive a renewal 684
1022	1022	scholarship based solely on the eligible nonprofit scholarship -685
1023	1023	funding organization's lack of available funds after the 686
1024	1024	organization fully e xhausted its efforts to use funds available 687
1025	1025	for awards under ss. 1002.395 and 1002.40(12)(i) ss. 1002.395 688
1026	1026	and 1002.40(11)(i). Eligible nonprofit scholarship -funding 689
1027	1027	organizations with students who meet the criterion in this 690
1028	1028	subparagraph must annually notif y the department in a format and 691
1029	1029	by a date established by the department. The maximum number of 692
1030	1030	scholarships awarded pursuant to this subparagraph may shall not 693
1031	1031	exceed 15,000 per school year; 694
1032	1032	b. Is a dependent child of a member of the United States 695
1033	1033	Armed Forces, a foster child, or an adopted child; or 696
1034	1034	c. Is determined eligible pursuant to subparagraph 697
1035	1035	(3)(a)1. or subparagraph (3)(a)2. and either spent the prior 698
1036	1036	school year in attendance at a Florida public school or, 699
1037	1037	beginning in the 2022 -2023 school year, is eligible to enroll in 700
1038	1038
1039	1039	HB 1437 2022
1040	1040
1041	1041
1042	1042
1043	1043	CODING: Words stricken are deletions; words underlined are additions.
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1046	1046	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1047	1047
1048	1048
1049	1049
1050	1050	kindergarten. For purposes of this subparagraph, the term "prior 701
1051	1051	school year in attendance" means that the student was enrolled 702
1052	1052	and reported by a school district for funding during either the 703
1053	1053	preceding October or February Flori da Education Finance Program 704
1054	1054	surveys in kindergarten through grade 12, which includes time 705
1055	1055	spent in a Department of Juvenile Justice commitment program if 706
1056	1056	funded under the Florida Education Finance Program. 707
1057	1057	2. The scholarship amount provided to a student for any 708
1058	1058	single school year shall be for tuition and fees for an eligible 709
1059	1059	private school, not to exceed annual limits, which shall be 710
1060	1060	determined in accordance with this subparagraph. The calculated 711
1061	1061	amount for a participating student shall be based upon the grade 712
1062	1062	level and school district in which the student was assigned as 713
1063	1063	100 percent of the funds per unweighted full -time equivalent in 714
1064	1064	the Florida Education Finance Program for a student in the basic 715
1065	1065	program established pursuant to s. 1011.62(1)(c)1., plus a per-716
1066	1066	full-time equivalent share of funds for all categorical 717
1067	1067	programs, except for the Exceptional Student Education 718
1068	1068	Guaranteed Allocation. 719
1069	1069	3. The amount of the scholarship shall be the calculated 720
1070	1070	amount or the amount of the private school's tuition and fees, 721
1071	1071	whichever is less. The amount of any assessment fee required by 722
1072	1072	the participating private school and any costs to provide a 723
1073	1073	digital device, including Internet access, if necessary, to the 724
1074	1074	student may be paid from the total amount of the scholarship. 725
1075	1075
1076	1076	HB 1437 2022
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1078	1078
1079	1079
1080	1080	CODING: Words stricken are deletions; words underlined are additions.
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1083	1083	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1084	1084
1085	1085
1086	1086
1087	1087	4. A scholarship of $750 may be awarded to a student who 726
1088	1088	is determined eligible pursuant to subparagraph (3)(a)1. or 727
1089	1089	subparagraph (3)(a)2. and enrolled in a Florida public school 728
1090	1090	that is different from the school to which the student was 729
1091	1091	assigned or in a lab school as defined in s. 1002.32 if the 730
1092	1092	school district does not provide the student with transportation 731
1093	1093	to the school. 732
1094	1094	5. Upon notification from the organization on July 1, 733
1095	1095	September 1, December 1, and February 1 that an application has 734
1096	1096	been approved for the program, the department shall verify that 735
1097	1097	the student is not prohibited from receiving a scholarship 736
1098	1098	pursuant to subsection (6). The organization must provide the 737
1099	1099	department with the documentation necessary to verify the 738
1100	1100	student's participation. Upon verification, the department shall 739
1101	1101	transfer, from state funds only, the amount calculated pursuant 740
1102	1102	to subparagraph 2. to the organization for quarterly 741
1103	1103	disbursement to parents of participating students each school 742
1104	1104	year in which the scholarship is in f orce. For a student exiting 743
1105	1105	a Department of Juvenile Justice commitment program who chooses 744
1106	1106	to participate in the scholarship program, the amount of the 745
1107	1107	Family Empowerment Scholarship calculated pursuant to 746
1108	1108	subparagraph 2. must be transferred from the scho ol district in 747
1109	1109	which the student last attended a public school before 748
1110	1110	commitment to the Department of Juvenile Justice. When a student 749
1111	1111	enters the scholarship program, the organization must receive 750
1112	1112
1113	1113	HB 1437 2022
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1115	1115
1116	1116
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1120	1120	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1121	1121
1122	1122
1123	1123
1124	1124	all documentation required for the student's participation, 751
1125	1125	including the private school's and the student's fee schedules, 752
1126	1126	at least 30 days before the first quarterly scholarship payment 753
1127	1127	is made for the student. 754
1128	1128	6. The initial payment shall be made after the 755
1129	1129	organization's verification of admission acceptance, and 756
1130	1130	subsequent payments shall be made upon verification of continued 757
1131	1131	enrollment and attendance at the private school. Payment must be 758
1132	1132	by individual warrant made payable to the student's parent or by 759
1133	1133	funds transfer or any other means of payment that the dep artment 760
1134	1134	deems to be commercially viable or cost -effective. If the 761
1135	1135	payment is made by warrant, the warrant must be delivered by the 762
1136	1136	organization to the private school of the parent's choice, and 763
1137	1137	the parent shall restrictively endorse the warrant to the 764
1138	1138	private school. An organization shall ensure that the parent to 765
1139	1139	whom the warrant is made has restrictively endorsed the warrant 766
1140	1140	to the private school for deposit into the account of the 767
1141	1141	private school or that the parent has approved a funds transfer 768
1142	1142	before any scholarship funds are deposited. 769
1143	1143	Section 4. Paragraphs (e) and (f) of subsection (6) of 770
1144	1144	section 1002.395, Florida Statutes, are amended to read: 771
1145	1145	1002.395 Florida Tax Credit Scholarship Program. — 772
1146	1146	(6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING 773
1147	1147	ORGANIZATIONS.—An eligible nonprofit scholarship -funding 774
1148	1148	organization: 775
1149	1149
1150	1150	HB 1437 2022
1151	1151
1152	1152
1153	1153
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1157	1157	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1158	1158
1159	1159
1160	1160
1161	1161	(e) Must give first priority to eligible renewal students 776
1162	1162	who received a scholarship from an eligible nonprofit 777
1163	1163	scholarship-funding organization or from the State of Florida 778
1164	1164	during the previous school year. The eligible nonprofit 779
1165	1165	scholarship-funding organization must fully apply and exhaust 780
1166	1166	all funds available under this section and s. 1002.40(12)(i) s. 781
1167	1167	1002.40(11)(i) for renewal scholarship awards before awarding 782
1168	1168	any initial scholarships. 783
1169	1169	(f) Must provide a renewal or initial scholarship to an 784
1170	1170	eligible student on a first -come, first-served basis unless the 785
1171	1171	student qualifies for priority pursuant to paragraph (e). Each 786
1172	1172	eligible nonprofit scholarship -funding organization must refer 787
1173	1173	any student eligible for a scholarship pursuant to this section 788
1174	1174	who did not receive a renewal or initial scholarship based 789
1175	1175	solely on the lack of available funds under this section and s. 790
1176	1176	1002.40(12)(i) s. 1002.40(11)(i) to another eligible nonprofit 791
1177	1177	scholarship-funding organization that may have funds available. 792
1178	1178	793
1179	1179	Information and documentation provided to the Department of 794
1180	1180	Education and the Auditor General relating to the identity of a 795
1181	1181	taxpayer that provides an eligible contribution under th is 796
1182	1182	section shall remain confidential at all times in accordance 797
1183	1183	with s. 213.053. 798
1184	1184	Section 5. This act shall take effect July 1, 2022. 799