Florida 2023 3rd Special Session

Florida House Bill H0003 Compare Versions

Version 1 (Old)

Version 2 (New)

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10	10		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14		-	1
	14	+	A bill to be entitled 1
15	15		An act relating to the Family Empowerment Scholarship 2
16	16		Program; amending s. 1002.394, F.S.; revising the 3
17	17		number of certain students eligible to participate in 4
18	18		the Family Empowerment Scholarship Program; providing 5
19	19		an effective date. 6
20	20		7
21	21		Be It Enacted by the Legislature of the State of Florida: 8
22	22		9
23	23		Section 1. Paragraph (b) of subsection (12) of section 10
24	24		1002.394, Florida Statutes, is amended to read: 11
25	25		1002.394 The Family Empowerment Scholarship Program. — 12
26	26		(12) SCHOLARSHIP FUNDING AND PAYMENT. — 13
27	27		(b)1. For the 2023-2024 school year, the maximum number of 14
28	28		students participating in the scholarship program under 15
29	29		paragraph (3)(b) shall be the number of Scholarships for 16
30	30		students the organization and the department determined eligible 17
31	31		pursuant to this section paragraph (3)(b) are established for up 18
32	32		to 26,500 students annually beginning in the 2022 -2023 school 19
33	33		year. Beginning in the 2024-2025 2023-2024 school year, the 20
34	34		maximum number of students participating in the scholarship 21
35	35		program under paragraph (3)(b) this section shall annually 22
36	36		increase by 3.0 percent of the state's total exceptional student 23
37	37		education full-time equivalent student membership, not including 24
38	38		gifted students. An eligible student who meets any of the 25
39		-	~~ENROLLED~~
40		-	HB 3C 2023C ~~Legislature~~
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47	47		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51		following requirements shall be excluded from the maximum number 26
52	52		of students if the student: 27
53	53		a. Received specialized instructional services under the 28
54	54		Voluntary Prekindergarten Education Program pursuant to s . 29
55	55		1002.66 during the previous school year and the student has a 30
56	56		current IEP developed by the district school board in accordance 31
57	57		with rules of the State Board of Education; 32
58	58		b. Is a dependent child of a law enforcement officer or a 33
59	59		member of the United St ates Armed Forces, a foster child, or an 34
60	60		adopted child; or 35
61	61		c. Spent the prior school year in attendance at a Florida 36
62	62		public school or the Florida School for the Deaf and the Blind. 37
63	63		For purposes of this subparagraph, the term "prior school year 38
64	64		in attendance" means that the student was enrolled and reported 39
65	65		by: 40
66	66		(I) A school district for funding during either the 41
67	67		preceding October or February full -time equivalent student 42
68	68		membership surveys in kindergarten through grade 12, which 43
69	69		includes time spent in a D epartment of Juvenile Justice 44
70	70		commitment program if funded under the Florida Education Finance 45
71	71		Program; 46
72	72		(II) The Florida School for the Deaf and the Blind during 47
73	73		the preceding October or February full -time equivalent student 48
74	74		membership surveys in kinderg arten through grade 12; 49
75	75		(III) A school district for funding during the preceding 50
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84	84		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88		October or February full -time equivalent student membership 51
89	89		surveys, was at least 4 years of age when enrolled and reported, 52
90	90		and was eligible for services under s. 1003.21(1 )(e); or 53
91	91		(IV) Received a John M. McKay Scholarship for Students 54
92	92		with Disabilities in the 2021 -2022 school year. 55
93	93		2. For a student who has a Level I to Level III matrix of 56
94	94		services or a diagnosis by a physician or psychologist, the 57
95	95		calculated scholarship amount for a student participating in the 58
96	96		program must be based upon the grade level and school district 59
97	97		in which the student would have been enrolled as the total funds 60
98	98		per unweighted full-time equivalent in the Florida Education 61
99	99		Finance Program for a st udent in the basic exceptional student 62
100	100		education program pursuant to s. 1011.62(1)(c) and (d), plus a 63
101	101		per full-time equivalent share of funds for the categorical 64
102	102		programs established in s. 1011.62(5), (7)(a), (8), and (16), as 65
103	103		funded in the General Appropr iations Act. For the categorical 66
104	104		program established in s. 1011.62(8), the funds must be 67
105	105		allocated based on the school district's average exceptional 68
106	106		student education guaranteed allocation funds per exceptional 69
107	107		student education full -time equivalent stude nt. 70
108	108		3. For a student with a Level IV or Level V matrix of 71
109	109		services, the calculated scholarship amount must be based upon 72
110	110		the school district to which the student would have been 73
111	111		assigned as the total funds per full -time equivalent for the 74
112	112		Level IV or Level V exceptional student education program 75
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125	125		pursuant to s. 1011.62(1)(c)2.a. or b., plus a per -full time 76
126	126		equivalent share of funds for the categorical programs 77
127	127		established in s. 1011.62(5), (7)(a), and (16), as funded in the 78
128	128		General Appropriations Act. 79
129	129		4. For a student who received a Gardiner Scholarship 80
130	130		pursuant to former s. 1002.385 in the 2020 -2021 school year, the 81
131	131		amount shall be the greater of the amount calculated pursuant to 82
132	132		subparagraph 2. or the amount the student received for the 2020 -83
133	133		2021 school year. 84
134	134		5. For a student who received a John M. McKay Scholarship 85
135	135		pursuant to former s. 1002.39 in the 2020 -2021 school year, the 86
136	136		amount shall be the greater of the amount calculated pursuant to 87
137	137		subparagraph 2. or the amount the student received for the 2 020-88
138	138		2021 school year. 89
139	139		6. The organization must provide the department with the 90
140	140		documentation necessary to verify the student's participation. 91
141	141		7. Upon receiving the documentation, the department shall 92
142	142		release, from state funds only, the student's schola rship funds 93
143	143		to the organization, to be deposited into the student's account 94
144	144		in four equal amounts no later than September 1, November 1, 95
145	145		February 1, and April 1 of each school year in which the 96
146	146		scholarship is in force. 97
147	147		8. Accrued interest in the student' s account is in 98
148	148		addition to, and not part of, the awarded funds. Program funds 99
149	149		include both the awarded funds and accrued interest. 100
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158	158		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162		9. The organization may develop a system for payment of 101
163	163		benefits by funds transfer, including, but not limited to, debit 102
164	164		cards, electronic payment cards, or any other means of payment 103
165	165		which the department deems to be commercially viable or cost -104
166	166		effective. A student's scholarship award may not be reduced for 105
167	167		debit card or electronic payment fees. Commodities or services 106
168	168		related to the development of such a system must be procured by 107
169	169		competitive solicitation unless they are purchased from a state 108
170	170		term contract pursuant to s. 287.056. 109
171	171		10. An organization may not transfer any funds to an 110
172	172		account of a student determined to be eli gible pursuant to 111
173	173		paragraph (3)(b) which has a balance in excess of $50,000. 112
174	174		11. Moneys received pursuant to this section do not 113
175	175		constitute taxable income to the qualified student or the parent 114
176	176		of the qualified student. 115
177	177		Section 2. This act shall take effect upon becoming a law. 116