Florida Senate - 2022 SB 506 By Senator Diaz 36-00358B-22 2022506__ 1 A bill to be entitled 2 An act relating to the Hope Scholarship Program; 3 amending s. 1002.40, F.S.; revising the purpose of the 4 Hope Scholarship Program; defining terms and revising 5 definitions; deleting obsolete language; revising 6 program eligibility; providing for the use of funds 7 under the program; revising the term of a program 8 scholarship; revising school district, Department of 9 Education, parent, and nonprofit scholarship-funding 10 organization obligations under the program; 11 authorizing payment of scholarship funds by 12 organizations to be made by deposit into the students 13 account instead of by individual warrant made payable 14 to the students parent; providing that accrued 15 interest in the students account is in addition to, 16 and not part of, awarded funds; providing that program 17 funds include both the awarded funds and accrued 18 interest; prohibiting a students scholarship award 19 from being reduced for debit card or electronic 20 payment fees; conforming provisions to changes made by 21 the act; amending ss. 213.053, 1002.394, and 1002.395, 22 F.S.; conforming cross-references; providing an 23 effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1.Section 1002.40, Florida Statutes, is amended to 28 read: 29 1002.40The Hope Scholarship Program. 30 (1)PURPOSE.The Hope Scholarship Program is established to 31 provide the parent of a public school student who was subjected 32 to an incident listed in subsection (3) or who attends a school 33 overseen by a district school board that is subject to ongoing 34 action initiated by the State Board of Education pursuant to s. 35 1008.32(4)(b), (c), or (d) an opportunity to transfer the 36 student to another public school or to request a scholarship for 37 the student to enroll in and attend an eligible 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. 212.06. 43 (c)(b)Department means the Department of Education. 44 (d)(c)Designated agent has the same meaning as provided 45 in s. 212.06(10). 46 (e)(d)Eligible contribution or contribution means a 47 monetary contribution from a person purchasing a motor vehicle, 48 subject to the restrictions provided in this section, to an 49 eligible nonprofit scholarship-funding organization. The person 50 making the contribution may not designate a specific student as 51 the beneficiary of the contribution. 52 (f)(e)Eligible nonprofit scholarship-funding 53 organization or organization has the same meaning as provided 54 in s. 1002.395(2)(f). 55 (g)(f)Eligible private school has the same meaning as 56 provided in s. 1002.395(2)(g). 57 (h)Inactive means that no eligible expenditures have 58 been made from an account funded pursuant to subsection (12). 59 (i)(g)Motor vehicle has the same meaning as provided in 60 s. 320.01(1)(a), but does not include a heavy truck, truck 61 tractor, trailer, or motorcycle. 62 (j)(h)Parent means a resident of this state who is a 63 parent, as defined in s. 1000.21, and whose student reported an 64 incident in accordance with subsection (7) (6) or whose student 65 attends a school overseen by a district school board that is 66 subject to ongoing action initiated by the State Board of 67 Education pursuant to s. 1008.32(4)(b), (c), or (d). 68 (k)(i)Program means the Hope Scholarship Program. 69 (l)(j)School means any educational program or activity 70 conducted by a public K-12 educational institution, any school 71 related or school-sponsored program or activity, and riding on a 72 school bus, as defined in s. 1006.25(1), including waiting at a 73 school bus stop. 74 (k)Unweighted FTE funding amount means the statewide 75 average total funds per unweighted full-time equivalent funding 76 amount that is incorporated by reference in the General 77 Appropriations Act, or by a subsequent special appropriations 78 act, for the applicable state fiscal year. 79 (3)PROGRAM ELIGIBILITY.Beginning with the 2018-2019 80 school year, Contingent upon available funds, and on a first 81 come, first-served basis, a student enrolled in a Florida public 82 school in kindergarten through grade 12 is eligible for a 83 scholarship under this program if: 84 (a)The student or students parent reported an incident in 85 accordance with subsection (6), regardless of the outcome of any 86 investigation. For purposes of this section, the term incident 87 means battery; harassment; hazing; bullying; kidnapping; 88 physical attack; robbery; sexual offenses, harassment, assault, 89 or battery; threat or intimidation; or fighting at school, as 90 defined by the department in accordance with s. 1006.09(6); or 91 (b)The student attends a school overseen by a district 92 school board that is subject to ongoing action initiated by the 93 State Board of Education pursuant to s. 1008.32(4)(b), (c), or 94 (d). 95 (4)AUTHORIZED USES OF PROGRAM FUNDS. 96 (a)Program funds awarded to a student who meets the 97 eligibility requirements in subsection (3) and who opts to 98 enroll in and attend an eligible private school may be used for: 99 1.Instructional materials, including digital devices, 100 digital periphery devices, and assistive technology devices that 101 allow a student to access instruction or instructional content 102 and training on the use of and maintenance agreements for these 103 devices. 104 2.Curriculum as defined in subsection (2). 105 3.Tuition and fees at an eligible private school. 106 4.Fees for nationally standardized, norm-referenced 107 achievement tests, Advanced Placement Examinations, industry 108 certification examinations, assessments related to postsecondary 109 education, or other assessments. 110 5.Contributions to the Stanley G. Tate Florida Prepaid 111 College Program pursuant to s. 1009.98 or the Florida College 112 Savings Program pursuant to s. 1009.981 for the benefit of the 113 eligible student. 114 (b)Program funds awarded to a student who meets the 115 eligibility requirements in subsection (3) and who opts to 116 transfer to a public school located outside the district in 117 which the student resides pursuant to s. 1002.31 may be used to 118 transport the student. 119 (5)PROGRAM PROHIBITIONS.Payment of a scholarship to a 120 student enrolled in a private school may not be made if a 121 student is: 122 (a)Enrolled in a public school, including, but not limited 123 to, the Florida School for the Deaf and the Blind; the College 124 Preparatory Boarding Academy; a developmental research school 125 authorized under s. 1002.32; or a charter school authorized 126 under s. 1002.33, s. 1002.331, or s. 1002.332; 127 (b)Enrolled in a school operating for the purpose of 128 providing educational services to youth in the Department of 129 Juvenile Justice commitment programs; 130 (c)Participating in a virtual school, correspondence 131 school, or distance learning program that receives state funding 132 pursuant to the students participation unless the participation 133 is limited to no more than two courses per school year; or 134 (d)Receiving any other educational scholarship pursuant to 135 this chapter. 136 (6)(5)TERM OF HOPE SCHOLARSHIP.For purposes of continuity 137 of educational choice:, 138 (a)A Hope scholarship shall remain in force until: 139 1.The student returns to public school or graduates from 140 high school, whichever occurs first. A scholarship student who 141 enrolls in a public school or public school program is 142 considered to have returned to a public school for the purpose 143 of determining the end of the scholarships term; 144 2.The parent does not renew program eligibility; 145 3.The organization determines that the student is not 146 eligible for program renewal; 147 4.The Commissioner of Education suspends or revokes 148 program participation or use of funds; or 149 5.The students parent has forfeited participation in the 150 program for failure to comply with subsection (10). 151 (b)Reimbursements for program expenditures may continue 152 until the account balance is expended or the account is closed. 153 (c)A students scholarship account must be closed and any 154 remaining funds, including, but not limited to, contributions 155 made to the Stanley G. Tate Florida Prepaid College Program or 156 earnings from or contributions made to the Florida College 157 Savings Program using program funds pursuant to subparagraph 158 (4)(a)5., shall revert to the organization after: 159 1.Denial or revocation of program eligibility by the 160 commissioner for fraud or abuse, including, but not limited to, 161 the student or students parent accepting any payment, refund, 162 or rebate, in any manner, from a provider of any goods or 163 services received pursuant to subsection (4); or 164 2.Two consecutive fiscal years during which an account has 165 been inactive. 166 (7)(6)SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS. 167 (a)Upon receipt of a report of an incident, the school 168 principal, or his or her designee, shall provide a copy of the 169 report to the parent and investigate the incident to determine 170 if the incident must be reported as required by s. 1006.09(6). 171 Within 24 hours after receipt of the report, the principal or 172 his or her designee shall provide a copy of the report to the 173 parent of the alleged offender and to the superintendent. Upon 174 conclusion of the investigation or within 15 days after the 175 incident was reported, whichever occurs first, the school 176 district shall notify the parent of the program and offer the 177 parent an opportunity to enroll his or her student in another 178 public school that has capacity or to request and receive a 179 scholarship to attend an eligible private school, subject to 180 available funding. The school district shall provide such notice 181 and offer regardless of the outcome of any investigation. 182 (b)A parent of a student who is eligible pursuant to 183 paragraph (3)(a) may, at any time after the submission of the 184 report, apply directly to an organization participating in the 185 scholarship program for a scholarship. The parent must include a 186 copy of the submitted report with the application. 187 (c)A parent who chooses to enroll his or her student in a 188 public school located outside the district in which the student 189 resides pursuant to s. 1002.31 shall be eligible for a 190 scholarship to transport the student as provided in paragraph 191 (12)(b) (11)(b). 192 (d)(b)For each student participating in the program in an 193 eligible private school who chooses to participate in the 194 statewide assessments under s. 1008.22 or the Florida Alternate 195 Assessment, the school district in which the student resides 196 must notify the student and his or her parent about the 197 locations and times to take all statewide assessments. 198 (e)Each school district shall publish information about 199 the program on the districts website homepage. At a minimum, 200 the published information must include a website link to the 201 program published on the Department of Education website as well 202 as a telephone number and an e-mail address that students and 203 parents may use to contact relevant personnel in the school 204 district to obtain information about the scholarship program. 205 (8)(7)PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.An 206 eligible private school may be sectarian or nonsectarian and 207 shall: 208 (a)Comply with all requirements for private schools 209 participating in state school choice scholarship programs 210 pursuant to this section and s. 1002.421. 211 (b)1.Annually administer or make provision for students 212 participating in the program in grades 3 through 10 to take one 213 of the nationally norm-referenced tests identified by the 214 department or the statewide assessments pursuant to s. 1008.22. 215 Students with disabilities for whom standardized testing is not 216 appropriate are exempt from this requirement. A participating 217 private school shall report a students scores to his or her 218 parent. 219 2.Administer the statewide assessments pursuant to s. 220 1008.22 if a private school chooses to offer the statewide 221 assessments. A participating private school may choose to offer 222 and administer the statewide assessments to all students who 223 attend the private school in grades 3 through 10 and must submit 224 a request in writing to the department by March 1 of each year 225 in order to administer the statewide assessments in the 226 subsequent school year. 227 228 If a private school fails to meet the requirements of this 229 subsection or s. 1002.421, the commissioner may determine that 230 the private school is ineligible to participate in the program. 231 (9)(8)DEPARTMENT OF EDUCATION OBLIGATIONS. 232 (a)The department shall: 233 1.(a)Cross-check the list of participating scholarship 234 students with the public school enrollment lists to avoid 235 duplication. 236 2.(b)Maintain a list of nationally norm-referenced tests 237 identified for purposes of satisfying the testing requirement in 238 paragraph (10)(g) (9)(f). The tests must meet industry standards 239 of quality in accordance with State Board of Education rule. 240 3.(c)Require quarterly reports by an eligible nonprofit 241 scholarship-funding organization regarding the number of 242 students participating in the program, the private schools in 243 which the students are enrolled, the program award amount per 244 student, the total expenditures for the purposes specified in 245 subsection (4), and other information deemed necessary by the 246 department. 247 4.(d)Contract with an independent entity to provide an 248 annual evaluation of the program by: 249 a.1.Reviewing the school bullying prevention education 250 program, climate, and code of student conduct of each public 251 school from which 10 or more students transferred to another 252 public school or private school using the Hope scholarship to 253 determine areas in the school or school district procedures 254 involving reporting, investigating, and communicating a parents 255 and students rights that are in need of improvement. At a 256 minimum, the review must include: 257 (I)a.An assessment of the investigation time and quality 258 of the response of the school and the school district. 259 (II)b.An assessment of the effectiveness of communication 260 procedures with the students involved in an incident, the 261 students parents, and the school and school district personnel. 262 (III)c.An analysis of school incident and discipline data. 263 (IV)d.The challenges and obstacles relating to 264 implementing recommendations from the review. 265 b.2.Reviewing the school bullying prevention education 266 program, climate, and code of student conduct of each public 267 school to which a student transferred if the student was from a 268 school identified in subparagraph 1. in order to identify best 269 practices and make recommendations to a public school at which 270 the incidents occurred. 271 c.3.Reviewing the performance of participating students 272 enrolled in a private school in which at least 51 percent of the 273 total enrolled students in the prior school year participated in 274 the program and in which there are at least 10 participating 275 students who have scores for tests administered. 276 d.4.Surveying the parents of participating students to 277 determine academic, safety, and school climate satisfaction and 278 to identify any challenges to or obstacles in addressing the 279 incident or relating to the use of the scholarship. 280 5.Publish and update, as necessary, information on the 281 department website about the program, including, but not limited 282 to, student eligibility criteria, parental responsibilities, and 283 relevant data. 284 6.Deny or terminate program participation upon a parents 285 failure to comply with subsection (10). 286 7.Notify the parent and the organization when a 287 scholarship account is closed and program funds revert to the 288 organization. 289 8.Require each organization to verify eligible 290 expenditures before the distribution of funds for any 291 expenditures made pursuant to subparagraphs (4)(a)1. and 2. 292 Review of expenditures made for services specified in 293 subparagraphs (4)(a)3., 4., and 5. may be completed after the 294 purchase is made. 295 9.Investigate any written complaint of a violation of this 296 section by a parent, a student, a private school, a public 297 school, a school district, an organization, or another 298 appropriate party in accordance with the process established 299 under s. 1002.421. 300 (b)At the direction of the commissioner, the department 301 may: 302 1.Suspend or revoke the program participation or use of 303 program funds by the student or the participation or eligibility 304 of an organization, eligible private school, or other party for 305 a violation of this section. 306 2.Determine the length of, and conditions for lifting, a 307 suspension or revocation specified in this paragraph. 308 3.Recover unexpended program funds to recover program 309 funds that were not authorized for use. Funds recovered in this 310 manner must be returned to the organization. 311 312 In determining whether to suspend or revoke participation or to 313 lift a suspension or revocation in accordance with this 314 paragraph, the department may consider factors that include, but 315 are not limited to, acts or omissions that led to a previous 316 suspension or revocation of participation in a state or federal 317 program or an education scholarship program; failure to 318 reimburse the organization for funds improperly received or 319 retained; failure to reimburse government funds improperly 320 received or retained; imposition of a prior criminal sanction 321 related to the person or entity or its officers or employees; 322 imposition of a civil fine or an administrative fine, license 323 revocation or suspension, or program eligibility suspension, 324 termination, or revocation related to a persons or an entitys 325 management or operation; or other types of criminal proceedings 326 in which the person or entity or its officers or employees were 327 found guilty of, regardless of adjudication, or entered a plea 328 of nolo contendere or guilty to, any offense involving fraud, 329 deceit, dishonesty, or moral turpitude. 330 (10)(9)PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 331 PARTICIPATION.A parent who applies for a Hope scholarship is 332 exercising his or her parental option to place his or her 333 student in an eligible private school or another public school. 334 (a)The parent must select an eligible private school or 335 another public school and apply for the admission of his or her 336 student. 337 (b)The parent must inform the students school district 338 when the parent withdraws his or her student to attend an 339 eligible private school or a public school in a different school 340 district. 341 (c)Any student participating in the program must remain in 342 attendance throughout the school year unless excused by the 343 school for illness or other good cause. 344 (d)Each parent and each student has an obligation to the 345 private school to comply with such schools published policies. 346 (e)Upon reasonable notice to the department and the school 347 district, the parent may remove the student from the private 348 school and place the student in a public school in accordance 349 with this section. 350 (f)Upon reasonable notice to the organization, the 351 students parent may move the student from one eligible private 352 school to another eligible private school. 353 (g)The parent must ensure that the student participating 354 in the program takes the norm-referenced assessment offered by 355 the private school. The parent may also choose to have the 356 student participate in the statewide assessments pursuant to s. 357 1008.22. If the parent requests that the student take the 358 statewide assessments pursuant to s. 1008.22 and the private 359 school has not chosen to offer and administer the statewide 360 assessments, the parent is responsible for transporting the 361 student to the assessment site designated by the school 362 district. 363 (h)(g)Upon receipt of a scholarship warrant, the parent to 364 whom the warrant is made must restrictively endorse the warrant 365 to the private school for deposit into the account of such 366 school. If payment is made by funds transfer in accordance with 367 paragraph (12)(d) (11)(d), the parent must approve each payment 368 before the scholarship funds may be deposited. The parent may 369 not designate any entity or individual associated with the 370 participating private school as the parents attorney in fact to 371 endorse a scholarship warrant or approve a funds transfer. A 372 parent who fails to comply with this paragraph forfeits the 373 scholarship. 374 (i)The parent must renew participation in the program each 375 year. A student whose participation in the program is not 376 renewed may continue to spend scholarship funds in his or her 377 account from prior years unless the account must be closed 378 pursuant to paragraph (6)(c). 379 (j)The parent is responsible for making authorized uses of 380 program funds and for all authorized uses of program funds in 381 excess of the amount of the scholarship. If a parent does not 382 make authorized uses of program funds for the student, and the 383 students account has been inactive for 2 consecutive fiscal 384 years, the student is ineligible for additional scholarship 385 payments until the organization verifies that expenditures from 386 the account have occurred. 387 (k)The parent must sign an agreement with the organization 388 and annually submit a sworn compliance statement to the 389 organization to satisfy or maintain program eligibility, 390 including eligibility to receive and spend program payments, by 391 affirming that: 392 1.The student is enrolled in and in good standing with an 393 eligible private school or a public school. 394 2.The student remains in attendance throughout the school 395 year unless excused by the school for illness or other good 396 cause. 397 3.Program funds are used only for authorized uses as 398 described in subsection (4); that any prepaid college plan or 399 college savings plan funds contributed will not be transferred 400 to another beneficiary while the plan contains funds contributed 401 pursuant to this section; and that the parent will not receive a 402 payment, refund, or rebate of any funds provided under this 403 section. 404 (l)A participant who fails to comply with this subsection 405 forfeits the scholarship. 406 (11)(10)OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP 407 FUNDING ORGANIZATIONS.An eligible nonprofit scholarship-funding 408 organization may establish scholarships for eligible students 409 by: 410 (a)Receiving applications and determining student 411 eligibility in accordance with the requirements of this section. 412 (b)Notifying parents of their receipt of a scholarship on 413 a first-come, first-served basis, based upon available funds. 414 (c)Establishing a date by which the parent of a 415 participating student must confirm continuing participation in 416 the program. 417 (d)Awarding scholarship funds to eligible students, giving 418 priority to renewing students from the previous year. 419 (e)Preparing and submitting quarterly reports to the 420 department pursuant to paragraph (9)(a)3 (8)(c). In addition, an 421 eligible nonprofit scholarship-funding organization must submit 422 in a timely manner any information requested by the department 423 relating to the program. 424 (f)Establishing and maintaining separate accounts for each 425 eligible student. For each account, the organization shall 426 maintain a record of accrued interest that is retained in the 427 students account and available only for authorized uses of 428 program funds. 429 (g)Verifying that scholarship funds are used for the 430 authorized purposes described in subsection (4). 431 (h)Documenting each scholarship students eligibility for 432 a fiscal year before granting a scholarship for that fiscal 433 year. A student is ineligible for a scholarship if the students 434 account has been inactive for 2 consecutive fiscal years. 435 (i)Notifying the department of any violation of this 436 section. 437 (12)(11)FUNDING AND PAYMENT. 438 (a)For students initially eligible in the 2019-2020 school 439 year or thereafter, The calculated amount for a student to 440 attend an eligible private school shall be calculated in 441 accordance with s. 1002.394(12)(a). 442 (b)The maximum amount awarded to a student enrolled in a 443 public school located outside of the district in which the 444 student resides shall be $750. 445 (c)When a student enters the program, the eligible 446 nonprofit scholarship-funding organization must receive all 447 documentation required for the students participation, 448 including, if applicable, a copy of the report of the incident 449 received pursuant to subsection (7) (6) and the private schools 450 and students fee schedules. The initial payment shall be made 451 after verification of admission acceptance, and subsequent 452 payments shall be made upon verification of continued enrollment 453 and attendance at the private school. 454 (d)Payment of the scholarship by the eligible nonprofit 455 scholarship-funding organization may be deposited into the 456 students account established by the organization by individual 457 warrant made payable to the students parent or by funds 458 transfer, including, but not limited to, debit cards, electronic 459 payment cards, or any other means of payment that the department 460 deems to be commercially viable or cost-effective. Accrued 461 interest in the students account is in addition to, and not 462 part of, the awarded funds. Program funds include both the 463 awarded funds and accrued interest If payment is made by 464 warrant, the warrant must be delivered by the eligible nonprofit 465 scholarship-funding organization to the private school of the 466 parents choice, and the parent shall restrictively endorse the 467 warrant to the private school. If payments are made by funds 468 transfer, the parent must approve each payment before the 469 scholarship funds may be deposited. The parent may not designate 470 any entity or individual associated with the participating 471 private school as the parents attorney in fact to endorse a 472 scholarship warrant or approve a funds transfer. A students 473 scholarship award may not be reduced for debit card or 474 electronic payment fees. 475 (e)An eligible nonprofit scholarship-funding organization 476 shall obtain verification from the private school of a students 477 continued attendance at the school for each period covered by a 478 scholarship payment. 479 (f)Payment of the scholarship shall be made by the 480 eligible nonprofit scholarship-funding organization no less 481 frequently than on a quarterly basis. 482 (g)An eligible nonprofit scholarship-funding organization, 483 subject to the limitations of s. 1002.395(6)(j)1., may use 484 eligible contributions received during the state fiscal year in 485 which such contributions are collected for administrative 486 expenses. 487 (h)Moneys received pursuant to this section do not 488 constitute taxable income to the qualified student or his or her 489 parent. 490 (i)Notwithstanding s. 1002.395(6)(j)2., no more than 5 491 percent of net eligible contributions may be carried forward to 492 the following state fiscal year by an eligible scholarship 493 funding organization. For audit purposes, all amounts carried 494 forward must be specifically identified for individual students 495 by student name and by the name of the school to which the 496 student is admitted, subject to the requirements of ss. 1002.21 497 and 1002.22 and 20 U.S.C. s. 1232g, and the applicable rules and 498 regulations issued pursuant to such requirements. Any amounts 499 carried forward shall be expended for annual scholarships or 500 partial-year scholarships in the following state fiscal year. 501 Net eligible contributions remaining on June 30 of each year 502 which are in excess of the 5 percent that may be carried forward 503 shall be transferred to other eligible nonprofit scholarship 504 funding organizations participating in the Hope Scholarship 505 Program to provide scholarships for eligible students. All 506 transferred funds must be deposited by each eligible nonprofit 507 scholarship-funding organization receiving such funds into the 508 scholarship account of eligible students. All transferred 509 amounts received by an eligible nonprofit scholarship-funding 510 organization must be separately disclosed in the annual 511 financial audit requirement under s. 1002.395(6)(m). If no other 512 eligible nonprofit scholarship-funding organization participates 513 in the Hope Scholarship Program, net eligible contributions in 514 excess of the 5 percent may be used to fund scholarships for 515 students eligible under s. 1002.395 only after fully exhausting 516 all contributions made in support of scholarships under that 517 section in accordance with the priority established in s. 518 1002.395(6)(e) before prior to awarding any initial 519 scholarships. 520 (13)(12)OBLIGATIONS OF THE AUDITOR GENERAL. 521 (a)The Auditor General shall conduct an annual operational 522 audit of accounts and records of each organization that 523 participates in the program. As part of this audit, the Auditor 524 General shall verify, at a minimum, the total number of students 525 served and transmit that information to the department. The 526 Auditor General shall provide the commissioner with a copy of 527 each annual operational audit performed pursuant to this 528 paragraph within 10 days after the audit is finalized. 529 (b)The Auditor General shall notify the department of any 530 organization that fails to comply with a request for 531 information. 532 (14)(13)SCHOLARSHIP FUNDING TAX CREDITS. 533 (a)A tax credit is available under s. 212.1832(1) for use 534 by a person that makes an eligible contribution. Eligible 535 contributions shall be used to fund scholarships under this 536 section and may be used to fund scholarships under s. 1002.395. 537 Each eligible contribution is limited to a single payment of 538 $105 per motor vehicle purchased at the time of purchase of a 539 motor vehicle or a single payment of $105 per motor vehicle 540 purchased at the time of registration of a motor vehicle that 541 was not purchased from a dealer, except that a contribution may 542 not exceed the state tax imposed under chapter 212 that would 543 otherwise be collected from the purchaser by a dealer, 544 designated agent, or private tag agent. Payments of 545 contributions shall be made to a dealer at the time of purchase 546 of a motor vehicle or to a designated agent or private tag agent 547 at the time of registration of a motor vehicle that was not 548 purchased from a dealer. An eligible contribution shall be 549 accompanied by a contribution election form provided by the 550 Department of Revenue. The form shall include, at a minimum, the 551 following brief description of the Hope Scholarship Program and 552 the Florida Tax Credit Scholarship Program: THE HOPE 553 SCHOLARSHIP PROGRAM PROVIDES A PUBLIC SCHOOL STUDENT WHO WAS 554 SUBJECTED TO AN INCIDENT OF VIOLENCE OR BULLYING AT SCHOOL OR 555 WHO ATTENDS A SCHOOL OVERSEEN BY A DISTRICT SCHOOL BOARD THAT IS 556 SUBJECT TO ONGOING ACTION BY THE STATE BOARD OF EDUCATION THE 557 OPPORTUNITY TO APPLY FOR A SCHOLARSHIP TO ATTEND AN ELIGIBLE 558 PRIVATE SCHOOL RATHER THAN REMAIN IN AN UNSAFE SCHOOL 559 ENVIRONMENT. THE FLORIDA TAX CREDIT SCHOLARSHIP PROGRAM PROVIDES 560 A LOW-INCOME STUDENT THE OPPORTUNITY TO APPLY FOR A SCHOLARSHIP 561 TO ATTEND AN ELIGIBLE PRIVATE SCHOOL. The form shall also 562 include, at a minimum, a section allowing the consumer to 563 designate, from all participating scholarship funding 564 organizations, which organization will receive his or her 565 donation. For purposes of this subsection, the term purchase 566 does not include the lease or rental of a motor vehicle. 567 (b)A dealer, designated agent, or private tag agent shall: 568 1.Provide the purchaser the contribution election form, as 569 provided by the Department of Revenue, at the time of purchase 570 of a motor vehicle or at the time of registration of a motor 571 vehicle that was not purchased from a dealer. 572 2.Collect eligible contributions. 573 3.Using a form provided by the Department of Revenue, 574 which shall include the dealers or agents federal employer 575 identification number, remit to an organization no later than 576 the date the return filed pursuant to s. 212.11 is due the total 577 amount of contributions made to that organization and collected 578 during the preceding reporting period. Using the same form, the 579 dealer or agent shall also report this information to the 580 Department of Revenue no later than the date the return filed 581 pursuant to s. 212.11 is due. 582 4.Report to the Department of Revenue on each return filed 583 pursuant to s. 212.11 the total amount of credits granted under 584 s. 212.1832 for the preceding reporting period. 585 (c)An organization shall report to the Department of 586 Revenue, on or before the 20th day of each month, the total 587 amount of contributions received pursuant to paragraph (b) in 588 the preceding calendar month on a form provided by the 589 Department of Revenue. Such report shall include: 590 1.The federal employer identification number of each 591 designated agent, private tag agent, or dealer who remitted 592 contributions to the organization during that reporting period. 593 2.The amount of contributions received from each 594 designated agent, private tag agent, or dealer during that 595 reporting period. 596 (d)A person who, with the intent to unlawfully deprive or 597 defraud the program of its moneys or the use or benefit thereof, 598 fails to remit a contribution collected under this section is 599 guilty of theft, punishable as follows: 600 1.If the total amount stolen is less than $300, the 601 offense is a misdemeanor of the second degree, punishable as 602 provided in s. 775.082 or s. 775.083. Upon a second conviction, 603 the offender is guilty of a misdemeanor of the first degree, 604 punishable as provided in s. 775.082 or s. 775.083. Upon a third 605 or subsequent conviction, the offender is guilty of a felony of 606 the third degree, punishable as provided in s. 775.082, s. 607 775.083, or s. 775.084. 608 2.If the total amount stolen is $300 or more, but less 609 than $20,000, the offense is a felony of the third degree, 610 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 611 3.If the total amount stolen is $20,000 or more, but less 612 than $100,000, the offense is a felony of the second degree, 613 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 614 4.If the total amount stolen is $100,000 or more, the 615 offense is a felony of the first degree, punishable as provided 616 in s. 775.082, s. 775.083, or s. 775.084. 617 (e)A person convicted of an offense under paragraph (d) 618 shall be ordered by the sentencing judge to make restitution to 619 the organization in the amount that was stolen from the program. 620 (f)Upon a finding that a dealer failed to remit a 621 contribution under subparagraph (b)3. for which the dealer 622 claimed a credit pursuant to s. 212.1832(2), the Department of 623 Revenue shall notify the affected organizations of the dealers 624 name, address, federal employer identification number, and 625 information related to differences between credits taken by the 626 dealer pursuant to s. 212.1832(2) and amounts remitted to the 627 eligible nonprofit scholarship-funding organization under 628 subparagraph (b)3. 629 (g)Any dealer, designated agent, private tag agent, or 630 organization that fails to timely submit reports to the 631 Department of Revenue as required in paragraphs (b) and (c) is 632 subject to a penalty of $1,000 for every month, or part thereof, 633 the report is not provided, up to a maximum amount of $10,000. 634 Such penalty shall be collected by the Department of Revenue and 635 shall be transferred into the General Revenue Fund. Such penalty 636 must be settled or compromised if it is determined by the 637 Department of Revenue that the noncompliance is due to 638 reasonable cause and not due to willful negligence, willful 639 neglect, or fraud. 640 (15)(14)LIABILITY.The state is not liable for the award 641 of or any use of awarded funds under this section. 642 (16)(15)SCOPE OF AUTHORITY.This section does not expand 643 the regulatory authority of this state, its officers, or any 644 school district to impose additional regulation on participating 645 private schools beyond those reasonably necessary to enforce 646 requirements expressly set forth in this section. 647 (17)(16)RULES.The State Board of Education shall adopt 648 rules to administer this section, except the Department of 649 Revenue shall adopt rules to administer subsection (14) (13). 650 Section 2.Paragraph (a) of subsection (22) of section 651 213.053, Florida Statutes, is amended to read: 652 213.053Confidentiality and information sharing. 653 (22)(a)The department may provide to an eligible nonprofit 654 scholarship-funding organization, as defined in s. 1002.40, a 655 dealers name, address, federal employer identification number, 656 and information related to differences between credits taken by 657 the dealer pursuant to s. 212.1832(2) and amounts remitted to 658 the eligible nonprofit scholarship-funding organization under s. 659 1002.40(14)(b)3 s. 1002.40(13)(b)3. The eligible nonprofit 660 scholarship-funding organization may use the information for 661 purposes of recovering eligible contributions designated for 662 that organization that were collected by the dealer but never 663 remitted to the organization. 664 Section 3.Paragraph (a) of subsection (12) of section 665 1002.394, Florida Statutes, is amended to read: 666 1002.394The Family Empowerment Scholarship Program. 667 (12)SCHOLARSHIP FUNDING AND PAYMENT. 668 (a)1.Scholarships for students determined eligible 669 pursuant to paragraph (3)(a) are established for up to 18,000 670 students annually beginning in the 2019-2020 school year. 671 Beginning in the 2020-2021 school year, the maximum number of 672 students participating in the scholarship program under this 673 section shall annually increase by 1.0 percent of the states 674 total public school student enrollment. An eligible student who 675 meets any of the following requirements shall be excluded from 676 the maximum number of students if the student: 677 a.Received a scholarship pursuant to s. 1002.395 during 678 the previous school year but did not receive a renewal 679 scholarship based solely on the eligible nonprofit scholarship 680 funding organizations lack of available funds after the 681 organization fully exhausted its efforts to use funds available 682 for awards under ss. 1002.395 and 1002.40(12)(i) ss. 1002.395 683 and 1002.40(11)(i). Eligible nonprofit scholarship-funding 684 organizations with students who meet the criterion in this 685 subparagraph must annually notify the department in a format and 686 by a date established by the department. The maximum number of 687 scholarships awarded pursuant to this subparagraph may shall not 688 exceed 15,000 per school year; 689 b.Is a dependent child of a member of the United States 690 Armed Forces, a foster child, or an adopted child; or 691 c.Is determined eligible pursuant to subparagraph (3)(a)1. 692 or subparagraph (3)(a)2. and either spent the prior school year 693 in attendance at a Florida public school or, beginning in the 694 2022-2023 school year, is eligible to enroll in kindergarten. 695 For purposes of this subparagraph, the term prior school year 696 in attendance means that the student was enrolled and reported 697 by a school district for funding during either the preceding 698 October or February Florida Education Finance Program surveys in 699 kindergarten through grade 12, which includes time spent in a 700 Department of Juvenile Justice commitment program if funded 701 under the Florida Education Finance Program. 702 2.The scholarship amount provided to a student for any 703 single school year shall be for tuition and fees for an eligible 704 private school, not to exceed annual limits, which shall be 705 determined in accordance with this subparagraph. The calculated 706 amount for a participating student shall be based upon the grade 707 level and school district in which the student was assigned as 708 100 percent of the funds per unweighted full-time equivalent in 709 the Florida Education Finance Program for a student in the basic 710 program established pursuant to s. 1011.62(1)(c)1., plus a per 711 full-time equivalent share of funds for all categorical 712 programs, except for the Exceptional Student Education 713 Guaranteed Allocation. 714 3.The amount of the scholarship shall be the calculated 715 amount or the amount of the private schools tuition and fees, 716 whichever is less. The amount of any assessment fee required by 717 the participating private school and any costs to provide a 718 digital device, including Internet access, if necessary, to the 719 student may be paid from the total amount of the scholarship. 720 4.A scholarship of $750 may be awarded to a student who is 721 determined eligible pursuant to subparagraph (3)(a)1. or 722 subparagraph (3)(a)2. and enrolled in a Florida public school 723 that is different from the school to which the student was 724 assigned or in a lab school as defined in s. 1002.32 if the 725 school district does not provide the student with transportation 726 to the school. 727 5.Upon notification from the organization on July 1, 728 September 1, December 1, and February 1 that an application has 729 been approved for the program, the department shall verify that 730 the student is not prohibited from receiving a scholarship 731 pursuant to subsection (6). The organization must provide the 732 department with the documentation necessary to verify the 733 students participation. Upon verification, the department shall 734 transfer, from state funds only, the amount calculated pursuant 735 to subparagraph 2. to the organization for quarterly 736 disbursement to parents of participating students each school 737 year in which the scholarship is in force. For a student exiting 738 a Department of Juvenile Justice commitment program who chooses 739 to participate in the scholarship program, the amount of the 740 Family Empowerment Scholarship calculated pursuant to 741 subparagraph 2. must be transferred from the school district in 742 which the student last attended a public school before 743 commitment to the Department of Juvenile Justice. When a student 744 enters the scholarship program, the organization must receive 745 all documentation required for the students participation, 746 including the private schools and the students fee schedules, 747 at least 30 days before the first quarterly scholarship payment 748 is made for the student. 749 6.The initial payment shall be made after the 750 organizations verification of admission acceptance, and 751 subsequent payments shall be made upon verification of continued 752 enrollment and attendance at the private school. Payment must be 753 by individual warrant made payable to the students parent or by 754 funds transfer or any other means of payment that the department 755 deems to be commercially viable or cost-effective. If the 756 payment is made by warrant, the warrant must be delivered by the 757 organization to the private school of the parents choice, and 758 the parent shall restrictively endorse the warrant to the 759 private school. An organization shall ensure that the parent to 760 whom the warrant is made has restrictively endorsed the warrant 761 to the private school for deposit into the account of the 762 private school or that the parent has approved a funds transfer 763 before any scholarship funds are deposited. 764 Section 4.Paragraphs (e) and (f) of subsection (6) of 765 section 1002.395, Florida Statutes, are amended to read: 766 1002.395Florida Tax Credit Scholarship Program. 767 (6)OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING 768 ORGANIZATIONS.An eligible nonprofit scholarship-funding 769 organization: 770 (e)Must give first priority to eligible renewal students 771 who received a scholarship from an eligible nonprofit 772 scholarship-funding organization or from the State of Florida 773 during the previous school year. The eligible nonprofit 774 scholarship-funding organization must fully apply and exhaust 775 all funds available under this section and s. 1002.40(12)(i) s. 776 1002.40(11)(i) for renewal scholarship awards before awarding 777 any initial scholarships. 778 (f)Must provide a renewal or initial scholarship to an 779 eligible student on a first-come, first-served basis unless the 780 student qualifies for priority pursuant to paragraph (e). Each 781 eligible nonprofit scholarship-funding organization must refer 782 any student eligible for a scholarship pursuant to this section 783 who did not receive a renewal or initial scholarship based 784 solely on the lack of available funds under this section and s. 785 1002.40(12)(i) s. 1002.40(11)(i) to another eligible nonprofit 786 scholarship-funding organization that may have funds available. 787 788 Information and documentation provided to the Department of 789 Education and the Auditor General relating to the identity of a 790 taxpayer that provides an eligible contribution under this 791 section shall remain confidential at all times in accordance 792 with s. 213.053. 793 Section 5.This act shall take effect July 1, 2022.