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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
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An act relating to the Family Empowerment Scholarship 2
Program; amending s. 1002.394, F.S.; revising the 3
number of certain students eligible to participate in 4
the Family Empowerment Scholarship Program; providing 5
an effective date. 6
7
Be It Enacted by the Legislature of the State of Florida: 8
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Section 1. Paragraph (b) of subsection (12) of section 10
1002.394, Florida Statutes, is amended to read: 11
1002.394 The Family Empowerment Scholarship Program. — 12
(12) SCHOLARSHIP FUNDING AND PAYMENT. — 13
(b)1. For the 2023-2024 school year, the maximum number of 14
students participating in the scholarship program under 15
paragraph (3)(b) shall be the number of Scholarships for 16
students the organization and the department determined eligible 17
pursuant to this section paragraph (3)(b) are established for up 18
to 26,500 students annually beginning in the 2022 -2023 school 19
year. Beginning in the 2024-2025 2023-2024 school year, the 20
maximum number of students participating in the scholarship 21
program under paragraph (3)(b) this section shall annually 22
increase by 3.0 percent of the state's total exceptional student 23
education full-time equivalent student membership, not including 24
gifted students. An eligible student who meets any of the 25
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following requirements shall be excluded from the maximum number 26
of students if the student: 27
a. Received specialized instructional services under the 28
Voluntary Prekindergarten Education Program pursuant t o s. 29
1002.66 during the previous school year and the student has a 30
current IEP developed by the district school board in accordance 31
with rules of the State Board of Education; 32
b. Is a dependent child of a law enforcement officer or a 33
member of the United States Armed Forces, a foster child, or an 34
adopted child; or 35
c. Spent the prior school year in attendance at a Florida 36
public school or the Florida School for the Deaf and the Blind. 37
For purposes of this subparagraph, the term "prior school year 38
in attendance" means that the student was enrolled and reported 39
by: 40
(I) A school district for funding during either the 41
preceding October or February full -time equivalent student 42
membership surveys in kindergarten through grade 12, which 43
includes time spent in a Department of Juvenile Justice 44
commitment program if funded under the Florida Education Finance 45
Program; 46
(II) The Florida School for the Deaf and the Blind during 47
the preceding October or February full -time equivalent student 48
membership surveys in kind ergarten through grade 12; 49
(III) A school district for funding during the preceding 50
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October or February full -time equivalent student membership 51
surveys, was at least 4 years of age when enrolled and reported, 52
and was eligible for services under s. 1003.2 1(1)(e); or 53
(IV) Received a John M. McKay Scholarship for Students 54
with Disabilities in the 2021 -2022 school year. 55
2. For a student who has a Level I to Level III matrix of 56
services or a diagnosis by a physician or psychologist, the 57
calculated scholarship amount for a student participating in the 58
program must be based upon the grade level and school district 59
in which the student would have been enrolled as the total funds 60
per unweighted full-time equivalent in the Florida Education 61
Finance Program for a student in the basic exceptional student 62
education program pursuant to s. 1011.62(1)(c) and (d), plus a 63
per full-time equivalent share of funds for the categorical 64
programs established in s. 1011.62(5), (7)(a), (8), and (16), as 65
funded in the General Appr opriations Act. For the categorical 66
program established in s. 1011.62(8), the funds must be 67
allocated based on the school district's average exceptional 68
student education guaranteed allocation funds per exceptional 69
student education full -time equivalent student. 70
3. For a student with a Level IV or Level V matrix of 71
services, the calculated scholarship amount must be based upon 72
the school district to which the student would have been 73
assigned as the total funds per full -time equivalent for the 74
Level IV or Level V exceptional student education program 75
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pursuant to s. 1011.62(1)(c)2.a. or b., plus a per -full time 76
equivalent share of funds for the categorical programs 77
established in s. 1011.62(5), (7)(a), and (16), as funded in the 78
General Appropriations Act. 79
4. For a student who received a Gardiner Scholarship 80
pursuant to former s. 1002.385 in the 2020 -2021 school year, the 81
amount shall be the greater of the amount calculated pursuant to 82
subparagraph 2. or the amount the student received for the 2020 -83
2021 school year. 84
5. For a student who received a John M. McKay Scholarship 85
pursuant to former s. 1002.39 in the 2020 -2021 school year, the 86
amount shall be the greater of the amount calculated pursuant to 87
subparagraph 2. or the amount the student received for th e 2020-88
2021 school year. 89
6. The organization must provide the department with the 90
documentation necessary to verify the student's participation. 91
7. Upon receiving the documentation, the department shall 92
release, from state funds only, the student's sch olarship funds 93
to the organization, to be deposited into the student's account 94
in four equal amounts no later than September 1, November 1, 95
February 1, and April 1 of each school year in which the 96
scholarship is in force. 97
8. Accrued interest in the stude nt's account is in 98
addition to, and not part of, the awarded funds. Program funds 99
include both the awarded funds and accrued interest. 100
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9. The organization may develop a system for payment of 101
benefits by funds transfer, including, but not limited to, debi t 102
cards, electronic payment cards, or any other means of payment 103
which the department deems to be commercially viable or cost -104
effective. A student's scholarship award may not be reduced for 105
debit card or electronic payment fees. Commodities or services 106
related to the development of such a system must be procured by 107
competitive solicitation unless they are purchased from a state 108
term contract pursuant to s. 287.056. 109
10. An organization may not transfer any funds to an 110
account of a student determined to be eligible pursuant to 111
paragraph (3)(b) which has a balance in excess of $50,000. 112
11. Moneys received pursuant to this section do not 113
constitute taxable income to the qualified student or the parent 114
of the qualified student. 115
Section 2. This act shall t ake effect upon becoming a law. 116