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