Florida Senate - 2023 SB 4-C By Senator Collins 14-00005-23C 20234C__ 1 A bill to be entitled 2 An act relating to the Family Empowerment Scholarship 3 Program; amending s. 1002.394, F.S.; revising the 4 number of certain students eligible to participate in 5 the Family Empowerment Scholarship Program; providing 6 an effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1.Paragraph (b) of subsection (12) of section 11 1002.394, Florida Statutes, is amended to read: 12 1002.394The Family Empowerment Scholarship Program. 13 (12)SCHOLARSHIP FUNDING AND PAYMENT. 14 (b)1.For the 2023-2024 school year, the maximum number of 15 students participating in the scholarship program under 16 paragraph (3)(b) shall be the number of Scholarships for 17 students the organization and the department determined eligible 18 pursuant to this section paragraph (3)(b) are established for up 19 to 26,500 students annually beginning in the 2022-2023 school 20 year. Beginning in the 2024-2025 2023-2024 school year, the 21 maximum number of students participating in the scholarship 22 program under paragraph (3)(b) this section shall annually 23 increase by 3.0 percent of the states total exceptional student 24 education full-time equivalent student membership, not including 25 gifted students. An eligible student who meets any of the 26 following requirements shall be excluded from the maximum number 27 of students if the student: 28 a.Received specialized instructional services under the 29 Voluntary Prekindergarten Education Program pursuant to s. 30 1002.66 during the previous school year and the student has a 31 current IEP developed by the district school board in accordance 32 with rules of the State Board of Education; 33 b.Is a dependent child of a law enforcement officer or a 34 member of the United States Armed Forces, a foster child, or an 35 adopted child; or 36 c.Spent the prior school year in attendance at a Florida 37 public school or the Florida School for the Deaf and the Blind. 38 For purposes of this subparagraph, the term prior school year 39 in attendance means that the student was enrolled and reported 40 by: 41 (I)A school district for funding during either the 42 preceding October or February full-time equivalent student 43 membership surveys in kindergarten through grade 12, which 44 includes time spent in a Department of Juvenile Justice 45 commitment program if funded under the Florida Education Finance 46 Program; 47 (II)The Florida School for the Deaf and the Blind during 48 the preceding October or February full-time equivalent student 49 membership surveys in kindergarten through grade 12; 50 (III)A school district for funding during the preceding 51 October or February full-time equivalent student membership 52 surveys, was at least 4 years of age when enrolled and reported, 53 and was eligible for services under s. 1003.21(1)(e); or 54 (IV)Received a John M. McKay Scholarship for Students with 55 Disabilities in the 2021-2022 school year. 56 2.For a student who has a Level I to Level III matrix of 57 services or a diagnosis by a physician or psychologist, the 58 calculated scholarship amount for a student participating in the 59 program must be based upon the grade level and school district 60 in which the student would have been enrolled as the total funds 61 per unweighted full-time equivalent in the Florida Education 62 Finance Program for a student in the basic exceptional student 63 education program pursuant to s. 1011.62(1)(c) and (d), plus a 64 per full-time equivalent share of funds for the categorical 65 programs established in s. 1011.62(5), (7)(a), (8), and (16), as 66 funded in the General Appropriations Act. For the categorical 67 program established in s. 1011.62(8), the funds must be 68 allocated based on the school districts average exceptional 69 student education guaranteed allocation funds per exceptional 70 student education full-time equivalent student. 71 3.For a student with a Level IV or Level V matrix of 72 services, the calculated scholarship amount must be based upon 73 the school district to which the student would have been 74 assigned as the total funds per full-time equivalent for the 75 Level IV or Level V exceptional student education program 76 pursuant to s. 1011.62(1)(c)2.a. or b., plus a per-full time 77 equivalent share of funds for the categorical programs 78 established in s. 1011.62(5), (7)(a), and (16), as funded in the 79 General Appropriations Act. 80 4.For a student who received a Gardiner Scholarship 81 pursuant to former s. 1002.385 in the 2020-2021 school year, the 82 amount shall be the greater of the amount calculated pursuant to 83 subparagraph 2. or the amount the student received for the 2020 84 2021 school year. 85 5.For a student who received a John M. McKay Scholarship 86 pursuant to former s. 1002.39 in the 2020-2021 school year, the 87 amount shall be the greater of the amount calculated pursuant to 88 subparagraph 2. or the amount the student received for the 2020 89 2021 school year. 90 6.The organization must provide the department with the 91 documentation necessary to verify the students participation. 92 7.Upon receiving the documentation, the department shall 93 release, from state funds only, the students scholarship funds 94 to the organization, to be deposited into the students account 95 in four equal amounts no later than September 1, November 1, 96 February 1, and April 1 of each school year in which the 97 scholarship is in force. 98 8.Accrued interest in the students account is in addition 99 to, and not part of, the awarded funds. Program funds include 100 both the awarded funds and accrued interest. 101 9.The organization may develop a system for payment of 102 benefits by funds transfer, including, but not limited to, debit 103 cards, electronic payment cards, or any other means of payment 104 which the department deems to be commercially viable or cost 105 effective. A students scholarship award may not be reduced for 106 debit card or electronic payment fees. Commodities or services 107 related to the development of such a system must be procured by 108 competitive solicitation unless they are purchased from a state 109 term contract pursuant to s. 287.056. 110 10.An organization may not transfer any funds to an 111 account of a student determined to be eligible pursuant to 112 paragraph (3)(b) which has a balance in excess of $50,000. 113 11.Moneys received pursuant to this section do not 114 constitute taxable income to the qualified student or the parent 115 of the qualified student. 116 Section 2.This act shall take effect upon becoming a law.