Florida House Bill H0001 Comm Sub / Bill

                       
 
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A bill to be entitled 1 
An act relating to school choice; amending s. 212.099, 2 
F.S.; conforming a cross -reference; amending s. 3 
1002.394, F.S.; providing definitions; revising 4 
student eligibility and ineligibility requirements for 5 
the Family Empowerment Scholarship Program; revisi ng 6 
the authorized uses of scholarship funds; authorizing 7 
a student participating in the program to be enrolled 8 
in a home education program; providing that certain 9 
scholarships remain in force until certain criteria 10 
are met; requiring the closure of a schol arship 11 
account and the reversion of funds to the state under 12 
certain circumstances; authorizing reimbursements for 13 
certain expenditures until certain criteria are met; 14 
requiring the Department of Education to notify school 15 
districts of specified informatio n; requiring 16 
scholarship funds to be deposited by funds transfers, 17 
rather than through the endorsements of warrants; 18 
providing requirements for parents of students 19 
enrolled in a home education program under the 20 
program; revising obligations of eligible non profit 21 
scholarship-funding organizations; revising and 22 
establishing certain limitations on the number of 23 
scholarships funded by the program; revising 24 
provisions for the calculation of an award amount for 25     
 
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certain students; prohibiting the transfer of funds to 26 
an eligible student's account under certain 27 
conditions; providing obligations of choice navigators 28 
beginning on a specified date; conforming provisions 29 
and cross-references to changes made by the act; 30 
amending s. 1002.395, F.S.; defining the term "choic e 31 
navigator"; revising student eligibility and 32 
ineligibility requirements for the Florida Tax Credit 33 
Scholarship Program; revising obligations of eligible 34 
nonprofit scholarship -funding organizations; revising 35 
and establishing certain limitations on the num ber of 36 
scholarships funded by the program; revising the 37 
approved uses of scholarship funds; deleting obsolete 38 
language; revising the amount of funds that must be 39 
expended through scholarships; providing requirements 40 
for parents of students participating in the program; 41 
requiring scholarship funds to be deposited by funds 42 
transfers, rather than through the endorsements of 43 
warrants; requiring choice navigators to report 44 
specified student scores to a certain state 45 
university; revising the requirements of a spe cified 46 
annual report; prohibiting the transfer of funds to an 47 
eligible student's account under certain conditions; 48 
providing that scholarships awarded through the 49 
program remain in force until certain criteria are 50     
 
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met; authorizing reimbursements for certai n 51 
expenditures until certain criteria are met; requiring 52 
the closure of a scholarship account and the reversion 53 
of funds to the state under certain circumstances; 54 
providing obligations of choice navigators beginning 55 
on a specified date; conforming provisio ns and cross-56 
references to changes made by the act; amending s. 57 
1002.40, F.S.; conforming cross -references; creating 58 
s. 1002.44, F.S.; authorizing public schools, 59 
including charter schools, to enroll certain students 60 
on a part-time basis; providing funding for such 61 
students; providing that such students are not 62 
considered to be in regular attendance at such 63 
schools; providing an effective date. 64 
 65 
Be It Enacted by the Legislature of the State of Florida: 66 
 67 
 Section 1.  Paragraph (c) of subsection (1) of section 68 
212.099, Florida Statutes, is amended to read: 69 
 212.099  Credit for contributions to eligible nonprofit 70 
scholarship-funding organizations. — 71 
 (1)  As used in this section, the term: 72 
 (c)  "Eligible nonprofit scholarship -funding organization" 73 
or "organization" has the same meaning as provided in s. 74 
1002.395(2) s. 1002.395(2)(f). 75     
 
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 Section 2.  Paragraphs (b), (c), and (d) of subsection (2) 76 
of section 1002.394, Florida Statutes, are redesignated as 77 
paragraphs (c), (d), and (e), respectively, present pa ragraphs 78 
(e) through (m) of that subsection are redesignated as 79 
paragraphs (g) through (o), respectively, subsection (17) is 80 
renumbered as subsection (18), present paragraphs (e) and (g) of 81 
subsection (2), paragraph (a) of subsection (3), paragraph (a) 82 
of subsection (4), paragraph (a) of subsection (5), paragraphs 83 
(d), (e), and (f) of subsection (6), paragraphs (a) and (b) of 84 
subsection (10), paragraph (a) of subsection (11), and 85 
paragraphs (a) and (b) of subsection (12) are amended, new 86 
paragraphs (b) and (f) are added to subsection (2), paragraph 87 
(c) is added to subsection (8), and a new subsection (17) is 88 
added to that section, to read: 89 
 1002.394  The Family Empowerment Scholarship Program. — 90 
 (2)  DEFINITIONS.—As used in this section, the term: 91 
 (b)  "Choice navigator" means an individual who assists 92 
parents with the selection of, application for, and enrollment 93 
in educational options that address the academic needs of their 94 
student. 95 
 (f)  "Eligible contribution" means a monetary contribution 96 
from a taxpayer, subject to the restrictions provided in s. 97 
1002.395, to an eligible nonprofit scholarship -funding 98 
organization pursuant to ss. 212.099, 212.1832, 1002.395, and 99 
1002.40. The taxpayer making the contribution may not designate 100     
 
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a specific child as the bene ficiary of the contribution. 101 
 (g)(e) "Eligible nonprofit scholarship -funding 102 
organization" or "organization" has the same meaning as provided 103 
in s. 1002.395(2) s. 1002.395(2)(f). 104 
 (i)(g) "Eligible private school" has the same meaning as 105 
provided in s. 1002.395(2) s. 1002.395(2)(g). 106 
 (3)  SCHOLARSHIP ELIGIBILITY. — 107 
 (a)1. A parent of a student may request and receive from 108 
the state a scholarship for the purposes specified in paragraph 109 
(4)(a) if the student is a resident of this state and is 110 
eligible to enroll in kindergarten through grade 12 in a public 111 
school in this state. : 112 
 1.  The student is on the direct certification list 113 
pursuant to s. 1002.395(2)(c) or the student's household income 114 
level does not exceed 185 percent of the federal poverty level; 115 
 2. The student is currently placed, or during the previous 116 
state fiscal year was placed, in foster care or in out -of-home 117 
care as defined in s. 39.01; 118 
 3.  The student's household income level does not exceed 119 
375 percent of the federal poverty level or an a djusted maximum 120 
percent of the federal poverty level that is increased by 25 121 
percentage points in the fiscal year following any fiscal year 122 
in which more than 5 percent of the available scholarships 123 
authorized under paragraph (12)(a) have not been funded; 124 
 4.  The student is a sibling of a student who is 125     
 
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participating in the scholarship program under this subsection 126 
and such siblings reside in the same household; 127 
 5.  The student is a dependent child of a member of the 128 
United States Armed Forces; or 129 
 6.  The student is a dependent child of a law enforcement 130 
officer.  131 
 2. Priority must be given to a student whose household 132 
income level does not exceed 185 percent of the federal poverty 133 
level or who is in foster care or out -of-home care. 134 
 (4)  AUTHORIZED USES OF PROGRAM FUNDS.— 135 
 (a)  Program funds awarded to a student determined eligible 136 
pursuant to paragraph (3)(a) may be used for: 137 
 1.  Tuition and fees at an eligible private school .; or 138 
 2.  Transportation to a Florida public school in which a 139 
student is enrolled and that is different from the school to 140 
which the student was assigned or to a lab school as defined in 141 
s. 1002.32. 142 
 3.  Instructional materials, including digital materials 143 
and Internet resources. 144 
 4.  Curriculum as defined in subsection (2). 145 
 5.  Tuition and fees associated with full -time or part-time 146 
enrollment in a home education program, an eligible private 147 
school, an eligible postsecondary educational institution or a 148 
program offered by the postsecondary educational institution, a 149 
private tutoring program authorized under s. 1002.43, a virtual 150     
 
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program offered by a department -approved private online provider 151 
that meets the provider qualifications specified in s. 152 
1002.45(2)(a), the Florida Virtual School as a private paying 153 
student, or an approved online course offered pursuant to s. 154 
1003.499 or s. 1004.0961. 155 
 6.  Fees for nationally standardized, norm -referenced 156 
achievement tests, Advanced Placement Examinations, industry 157 
certification examinations, assessments related to postsecondary 158 
education, or other assessments. 159 
 7.  Contracted services provided by a public school or 160 
school district, including classes. A student who receives 161 
contracted services under this subparagraph is not considered 162 
enrolled in a public school for eligibility purposes as 163 
specified in subsection (6). 164 
 8.  Tuition and fees for part -time tutoring services 165 
provided by a person who holds a valid Florida educator's 166 
certificate pursuant to s. 1012.56, a person who holds an 167 
adjunct teaching certificate pursuant to s. 1012.57, a per son 168 
who has a bachelor's degree or a graduate degree in the subject 169 
area in which instruction is given, a person who has 170 
demonstrated a mastery of subject area knowledge pursuant to s. 171 
1012.56(5), or a person certified by a nationally or 172 
internationally recognized research-based training program as 173 
approved by the department. As used in this paragraph, the term 174 
"part-time tutoring services" does not qualify as regular school 175     
 
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attendance as defined in s. 1003.01(13)(e) if the student is 176 
determined eligible pu rsuant to subparagraph (3)(a)1. or 177 
subparagraph (3)(a)2 . 178 
 (5)  TERM OF SCHOLARSHIP. —For purposes of continuity of 179 
educational choice: 180 
 (a)1. A scholarship awarded to an eligible student 181 
pursuant to paragraph (3)(a) shall remain in force until : 182 
 a. The organization determines that the student is not 183 
eligible for program renewal; 184 
 b.  The Commissioner of Education suspends or revokes 185 
program participation or use of funds; 186 
 c.  The student's parent has forfeited participation in the 187 
program for failure to co mply with subsection (10); 188 
 d.  The student enrolls in a public school. However, if a 189 
student enters a Department of Juvenile Justice detention center 190 
for a period of no more than 21 days, the student is not 191 
considered to have returned to a public school o n a full-time 192 
basis for that purpose; or 193 
 e.  The student graduates from high school or attains 21 194 
years of age, whichever occurs first. 195 
 2.a.  The student's scholarship account must be closed and 196 
any remaining funds shall revert to the state after: 197 
 (I)  Denial or revocation of program eligibility by the 198 
commissioner for fraud or abuse, including, but not limited to, 199 
the student or student's parent accepting any payment, refund, 200     
 
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or rebate, in any manner, from a provider of any services 201 
received pursuant to paragraph (4)(a); or 202 
 (II)  Two consecutive fiscal years in which an account has 203 
been inactive. 204 
 b.  Reimbursements for program expenditures may continue 205 
until the account balance is expended or remaining funds have 206 
reverted to the state student returns to a public school, 207 
graduates from high school, or reaches the age of 21, whichever 208 
occurs first. A scholarship student who enrolls in a public 209 
school or public school program is considered to have returned 210 
to a public school for the purpose of determi ning the end of the 211 
scholarship's term. However, if a student enters a Department of 212 
Juvenile Justice detention center for a period of no more than 213 
21 days, the student is not considered to have returned to a 214 
public school for that purpose. 215 
 (6)  SCHOLARSHIP PROHIBITIONS.—A student is not eligible 216 
for a Family Empowerment Scholarship while he or she is: 217 
 (d)  Not having regular and direct contact with his or her 218 
private school teachers pursuant to s. 1002.421(1)(i) , unless he 219 
or she is eligible pursuant to paragraph (3)(b) and enrolled in 220 
the private school's transition -to-work program pursuant to 221 
subsection (16) or a home education program pursuant to s. 222 
1002.41; 223 
 (e)  Participating in a private tutoring program pursuant 224 
to s. 1002.43 unless he or she is enrolled in a home education 225     
 
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program pursuant to s. 1002.41 or determined eligible pursuant 226 
to paragraph (3)(b); or 227 
 (f)  Participating in virtual instruction pursuant to s. 228 
1002.455 that receives state funding pursuant to the student's 229 
participation. 230 
 (8) DEPARTMENT OF EDUCATION OBLIGATIONS. — 231 
 (c)  The department shall notify each school district of 232 
the official information relating to the number of full -time 233 
equivalent students in the Family Empowerment Scholarship 234 
program developed pursuant to s. 216.136(4 )(a). 235 
 (10)  PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 236 
PARTICIPATION.— 237 
 (a)1. A parent who applies for program participation under 238 
paragraph (3)(a) whose student will be enrolled full time is 239 
exercising his or her parental option to place his or her child 240 
in a private school and must: 241 
 a.1. Select the private school and apply for the admission 242 
of his or her student. 243 
 b.2. Request the scholarship by a date established by the 244 
organization, in a manner that creates a written or electronic 245 
record of the request and the date of receipt of the request. 246 
 c.3. Inform the applicable school district when the parent 247 
withdraws his or her student from a public school to attend an 248 
eligible private school. 249 
 d.4. Require his or her student participating in the 250     
 
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program to remain in attendance throughout the school year 251 
unless excused by the school for illness or other good cause. 252 
 e.5. Meet with the private school's principal or the 253 
principal's designee to review the school's academic programs 254 
and policies, custom ized educational programs, code of student 255 
conduct, and attendance policies before prior to enrollment. 256 
 f.6. Require that the student participating in the 257 
scholarship program takes the norm -referenced assessment offered 258 
by the private school. The parent may also choose to have the 259 
student participate in the statewide assessments pursuant to 260 
paragraph (7)(d). If the parent requests that the student 261 
participating in the program take all statewide assessments 262 
required pursuant to s. 1008.22, the parent is re sponsible for 263 
transporting the student to the assessment site designated by 264 
the school district. 265 
 g.7. Approve each payment before the scholarship funds may 266 
be deposited by funds transfer Restrictively endorse the 267 
warrant, issued in the name of the parent pursuant to 268 
subparagraph (12)(a)5. (12)(a)6., to the private school for 269 
deposit into the private school's account. The parent may not 270 
designate any entity or individual associated with the 271 
participating private school as the parent's attorney in fact to 272 
approve a funds transfer. A participant who fails to comply with 273 
this paragraph forfeits the endorse a scholarship warrant. 274 
 2.  A parent who applies for program participation under 275     
 
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paragraph (3)(a) whose student will be enrolled in a home 276 
education program with the school district in which the student 277 
resides must: 278 
 a.  Apply to an eligible nonprofit scholarship -funding 279 
organization to participate in the program by a date set by the 280 
organization. The request must be communicated directly to the 281 
organization in a manner that creates a written or electronic 282 
record of the request and the date of receipt of the request. 283 
 b.  Sign an agreement with the organization and annually 284 
submit a sworn compliance statement to the organization to 285 
satisfy or maintain program eligibility, including eligibility 286 
to receive and spend program payments, by: 287 
 (I)  Affirming that the parent has established and 288 
maintains a home education program in accordance with s. 289 
1002.41. 290 
 (II)  Affirming that the program funds are used only for 291 
authorized purposes serving the student's educational needs, as 292 
described in paragraph (4)(a), and that they will not receive a 293 
payment, refund, or rebate of any funds provided under this 294 
section. 295 
 (III)  Affirming that the parent is responsible for all 296 
eligible expenses in excess of the amount of the scholarship and 297 
for the education of his or her student. 298 
 c.  Require the student to take a nationally norm -299 
referenced test identified by the department, or a statewide 300     
 
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assessment under s. 1008.22, and provide educational records and 301 
assessment results to a choice navigator before the student's 302 
program renewal. 303 
 d.  Meet with a choice navigator at least annually before 304 
the student's program renewal to: 305 
 (I)  Discuss the academic needs and progress of the student 306 
based on educational records submitted by the parent and annual 307 
assessment results. 308 
 (II)  Select educational options based on the academic 309 
needs of the student. 310 
 e.  Affirm that the student remains in good standing with 311 
the provider or school if those op tions are selected by the 312 
parent. 313 
 f.  Renew participation in the program each year. A student 314 
whose participation in the program is not renewed may continue 315 
to spend scholarship funds that are in his or her account from 316 
prior years unless the account must be closed pursuant to 317 
subparagraph (5)(a)2.  318 
 g.  Procure the services necessary to educate the student. 319 
When the student receives a scholarship, the district school 320 
board is not obligated to provide the student with a free 321 
appropriate public education. 322 
 (b)  A parent who applies for progr am participation under 323 
paragraph (3)(b) is exercising his or her parental option to 324 
determine the appropriate placement or the services that best 325     
 
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meet the needs of his or her child and must: 326 
 1.  Apply to an eligible nonprofit scholarship -funding 327 
organization to participate in the program by a date set by the 328 
organization. The request must be communicated directly to the 329 
organization in a manner that creates a written or electronic 330 
record of the request and the date of receipt of the request. 331 
 2.  Sign an agreement with the organization and annually 332 
submit a sworn compliance statement to the organization to 333 
satisfy or maintain program eligibility, including eligibility 334 
to receive and spend program payments by: 335 
 a.  Affirming that the student is enrolled in a program 336 
that meets regular school attendance requirements as provided in 337 
s. 1003.01(13)(b), (c), or (d). 338 
 b.  Affirming that the program funds are used only for 339 
authorized purposes serving the student's educational needs, as 340 
described in paragraph (4)(b) ; that any prepaid college plan or 341 
college savings plan funds contributed pursuant to subparagraph 342 
(4)(b)6. will not be transferred to another beneficiary while 343 
the plan contains funds contributed pursuant to this section; 344 
and that they will not receive a payment, refund, or rebate of 345 
any funds provided under this section. 346 
 c.  Affirming that the parent is responsible for all 347 
eligible expenses in excess of the amount of the scholarship and 348 
for the education of his or her student by, as applicable: 349 
 (I)  Requiring the student to take an assessment in 350     
 
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accordance with paragraph (9)(c); 351 
 (II)  Providing an annual evaluation in accordance with s. 352 
1002.41(1)(f); or 353 
 (III)  Requiring the child to take any preassessments and 354 
postassessments selected by the provider if the child is 4 years 355 
of age and is enrolled in a program provided by an eligible 356 
Voluntary Prekindergarten Education Program provider. A student 357 
with disabilities for whom the physician or psychologist who 358 
issued the diagnosis or the IEP team determines that a 359 
preassessment and postassessment is not appropriate is exempt 360 
from this requirement. A participating provider shall report a 361 
student's scores to the parent. 362 
 d.  Affirming that the student remains in good standing 363 
with the provider or school if tho se options are selected by the 364 
parent. 365 
 e.  Enrolling his or her child in a program from a 366 
Voluntary Prekindergarten Education Program provider authorized 367 
under s. 1002.55, a school readiness provider authorized under 368 
s. 1002.88, or an eligible private sch ool if either option is 369 
selected by the parent. 370 
 f.  Renewing participation in the program each year. A 371 
student whose participation in the program is not renewed may 372 
continue to spend scholarship funds that are in his or her 373 
account from prior years unless the account must be closed 374 
pursuant to subparagraph (5)(b)3. Notwithstanding any changes to 375     
 
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the student's IEP, a student who was previously eligible for 376 
participation in the program shall remain eligible to apply for 377 
renewal. However, for a high -risk child to continue to 378 
participate in the program in the school year after he or she 379 
reaches 6 years of age, the child's application for renewal of 380 
program participation must contain documentation that the child 381 
has a disability defined in paragraph (2)(e) paragraph (2)(d) 382 
other than high-risk status. 383 
 g.  Procuring the services necessary to educate the 384 
student. If a parent does not procure the necessary educational 385 
services for the student and the student's account has been 386 
inactive for 2 consecutive fiscal year s, the student is 387 
ineligible for additional scholarship payments until the 388 
scholarship-funding organization verifies that expenditures from 389 
the account have occurred. When the student receives a 390 
scholarship, the district school board is not obligated to 391 
provide the student with a free appropriate public education. 392 
For purposes of s. 1003.57 and the Individuals with Disabilities 393 
in Education Act, a participating student has only those rights 394 
that apply to all other unilaterally parentally placed students, 395 
except that, when requested by the parent, school district 396 
personnel must develop an IEP or matrix level of services. 397 
 (11)  OBLIGATIONS OF ELIGIBLE SCHOLARSHIP -FUNDING 398 
ORGANIZATIONS.— 399 
 (a)  An eligible nonprofit scholarship -funding organization 400     
 
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awarding scholarships to eligible students pursuant to paragraph 401 
(3)(a): 402 
 1.  Must receive applications, determine student 403 
eligibility, notify parents in accordance with the requirements 404 
of this section, and provide the department with information on 405 
the student to enable the department to determine student 406 
funding in accordance with paragraph (12)(a). 407 
 2.  Shall verify the household income level of students 408 
pursuant to subparagraph (3)(a)1. and submit the verified list 409 
of students and related documentation to the depa rtment when 410 
necessary. 411 
 3.  Shall award scholarships in priority order pursuant to 412 
paragraph (3)(a). 413 
 4.  Shall establish and maintain separate empowerment 414 
accounts for each eligible student. For each account, the 415 
organization must maintain a record of acc rued interest that is 416 
retained in the student's account and available only for 417 
authorized program expenditures.  418 
 5.  May permit eligible students to use program funds for 419 
the purposes listed in paragraph (4)(a) by paying for the 420 
authorized use directly, t hen submitting a reimbursement request 421 
to the eligible nonprofit scholarship -funding organization. 422 
However, an eligible nonprofit scholarship -funding organization 423 
may elect not to provide reimbursements and only allow direct 424 
purchases using program funds. 425     
 
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 6. May, from eligible contributions received pursuant to 426 
s. 1002.395(6)(j)1., use an amount not to exceed 2.5 percent of 427 
the total amount of all scholarships funded under this section 428 
for administrative expenses associated with performing functions 429 
under this section. Such administrative expense amount is 430 
considered within the 3 percent limit on the total amount an 431 
organization may use to administer scholarships under this 432 
chapter. 433 
 7.5. Must, in a timely manner, submit any information 434 
requested by the department relating to the scholarship under 435 
this section. 436 
 8.6. Must notify the department about any violation of 437 
this section by a parent or a private school . 438 
 9.  Must document each student's eligibility for a fiscal 439 
year before granting a scholarship f or that fiscal year. A 440 
student is ineligible for a scholarship if the student's account 441 
has been inactive for 2 consecutive fiscal years. 442 
 10.  Must notify each parent that participation in the 443 
scholarship program does not guarantee enrollment. 444 
 (12)  SCHOLARSHIP FUNDING AND PAYMENT. — 445 
 (a)1.  Once all scholarships have been funded pursuant to 446 
s. 1002.395(6)(d)1., up to 10,000 scholarships for students who 447 
are enrolled in a home education program may be funded for the 448 
2023-2024 school year. The number of sch olarships funded for 449 
such students may increase by 20,000 in each subsequent school 450     
 
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year. This subparagraph is repealed July 1, 2027 determined 451 
eligible pursuant to paragraph (3)(a) are established for up to 452 
18,000 students annually beginning in the 2019 -2020 school year. 453 
Beginning in the 2020 -2021 school year, the maximum number of 454 
students participating in the scholarship program under this 455 
section shall annually increase by 1.0 percent of the state's 456 
total full-time equivalent student membership. An elig ible 457 
student who meets any of the following requirements shall be 458 
excluded from the maximum number of students if the student: 459 
 a.  Is a dependent child of a law enforcement officer or a 460 
member of the United States Armed Forces, a foster child, or an 461 
adopted child; or 462 
 b.  Is determined eligible pursuant to subparagraph 463 
(3)(a)1. or subparagraph (3)(a)2. and either spent the prior 464 
school year in attendance at a Florida public school ; or, 465 
beginning in the 2022 -2023 school year, is eligible to enroll in 466 
kindergarten. For purposes of this subparagraph, the term "prior 467 
school year in attendance" means that the student was enrolled 468 
and reported by a school district for funding during either the 469 
preceding October or February full -time equivalent student 470 
membership surveys in kindergarten through grade 12, which 471 
includes time spent in a Department of Juvenile Justice 472 
commitment program if funded under the Florida Education Finance 473 
Program. 474 
 2.  The scholarship amount provided to a student for any 475     
 
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single school year s hall be for tuition and fees for an eligible 476 
private school, not to exceed annual limits, which shall be 477 
determined in accordance with this subparagraph. The calculated 478 
scholarship amount for a participating student determined 479 
eligible pursuant to paragrap h (3)(a) shall be based upon the 480 
grade level and school district in which the student was 481 
assigned as 100 percent of the funds per unweighted full -time 482 
equivalent in the Florida Education Finance Program for a 483 
student in the basic program established pursu ant to s. 484 
1011.62(1)(c)1., plus a per -full-time equivalent share of funds 485 
for all categorical programs, except for the exceptional student 486 
education guaranteed allocation established pursuant to s. 487 
1011.62(1)(e). 488 
 3.  The amount of the scholarship shall be the calculated 489 
amount or the amount of the private school's tuition and fees, 490 
whichever is less. The amount of any assessment fee required by 491 
the participating private school and any costs to provide a 492 
digital device, including Internet access, if necessa ry, to the 493 
student may be paid from the total amount of the scholarship. 494 
 3.4. A scholarship of $750 or an amount equal to the 495 
school district expenditure per student riding a school bus, as 496 
determined by the department, whichever is greater, may be 497 
awarded to an eligible a student who is determined eligible 498 
pursuant to subparagrap h (3)(a)1. or subparagraph (3)(a)2. and 499 
enrolled in a Florida public school that is different from the 500     
 
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school to which the student was assigned or in a lab school as 501 
defined in s. 1002.32 if the school district does not provide 502 
the student with transportat ion to the school. 503 
 4.5. The organization must provide the department with the 504 
documentation necessary to verify the student's participation. 505 
Upon receiving the documentation, the department shall transfer, 506 
from state funds only, the amount calculated pur suant to 507 
subparagraph 2. to the organization for quarterly disbursement 508 
to parents of participating students each school year in which 509 
the scholarship is in force. For a student exiting a Department 510 
of Juvenile Justice commitment program who chooses to 511 
participate in the scholarship program, the amount of the Family 512 
Empowerment Scholarship calculated pursuant to subparagraph 2. 513 
must be transferred from the school district in which the 514 
student last attended a public school before commitment to the 515 
Department of Juvenile Justice. When a student enters the 516 
scholarship program, the organization must receive all 517 
documentation required for the student's participation, 518 
including the private school's and the student's fee schedules, 519 
at least 30 days before the first quarterly scholarship payment 520 
is made for the student. 521 
 5.6. The initial payment shall be made after the 522 
organization's verification of admission acceptance, and 523 
subsequent payments shall be made upon verification of continued 524 
enrollment and attendance a t the private school. Payment must be 525     
 
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by individual warrant made payable to the student's parent or by 526 
funds transfer or any other means of payment that the department 527 
deems to be commercially viable or cost -effective. If the 528 
payment is made by warrant, th e warrant must be delivered by the 529 
organization to the private school of the parent's choice, and 530 
the parent shall restrictively endorse the warrant to the 531 
private school. An organization shall ensure that the parent to 532 
whom the warrant is made has restric tively endorsed the warrant 533 
to the private school for deposit into the account of the 534 
private school or that the parent has approved a funds transfer 535 
before any scholarship funds are deposited. 536 
 6.  An organization may not transfer any funds to an 537 
account of a student determined eligible pursuant to paragraph 538 
(3)(a) which has a balance in excess of $24,000. 539 
 (b)1.  Scholarships for students determined eligible 540 
pursuant to paragraph (3)(b) are established for up to 26,500 541 
students annually beginning in the 2 022-2023 school year. 542 
Beginning in the 2023 -2024 school year, the maximum number of 543 
students participating in the scholarship program under this 544 
section shall annually increase by 3.0 1.0 percent of the 545 
state's total exceptional student education full -time equivalent 546 
student membership, not including gifted students. An eligible 547 
student who meets any of the following requirements shall be 548 
excluded from the maximum number of students if the student: 549 
 a.  Received specialized instructional services under the 550     
 
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Voluntary Prekindergarten Education Program pursuant to s. 551 
1002.66 during the previous school year and the student has a 552 
current IEP developed by the district school board in accordance 553 
with rules of the State Board of Education; 554 
 b.  Is a dependent child of a law enforcement officer or a 555 
member of the United States Armed Forces, a foster child, or an 556 
adopted child; 557 
 c.  Spent the prior school year in attendance at a Florida 558 
public school or the Florida School for the Deaf and the Blind. 559 
For purposes of this subparagraph, the term "prior school year 560 
in attendance" means that the student was enrolled and reported 561 
by: 562 
 (I)  A school district for funding during either the 563 
preceding October or February full -time equivalent student 564 
membership surveys in kindergar ten through grade 12, which 565 
includes time spent in a Department of Juvenile Justice 566 
commitment program if funded under the Florida Education Finance 567 
Program; 568 
 (II)  The Florida School for the Deaf and the Blind during 569 
the preceding October or February full -time equivalent student 570 
membership surveys in kindergarten through grade 12; 571 
 (III)  A school district for funding during the preceding 572 
October or February full -time equivalent student membership 573 
surveys, was at least 4 years of age when enrolled and repo rted, 574 
and was eligible for services under s. 1003.21(1)(e); or 575     
 
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 (IV)  Received a John M. McKay Scholarship for Students 576 
with Disabilities in the 2021 -2022 school year. 577 
 2.  For a student who has a Level I to Level III matrix of 578 
services or a diagnosis by a physician or psychologist, the 579 
calculated scholarship amount for a student participating in the 580 
program must be based upon the grade level and school district 581 
in which the student would have been enrolled as the total funds 582 
per unweighted full-time equivalent in the Florida Education 583 
Finance Program for a student in the basic exceptional student 584 
education program pursuant to s. 1011.62(1)(c)1. and (e)1.c., 585 
plus a per full-time equivalent share of funds for all 586 
categorical programs, as funded in the General Appropriations 587 
Act, except that for the exceptional student education 588 
guaranteed allocation, as provided in s. 1011.62(1)(e)1.c. and 589 
2., the funds must be allocated based on the school district's 590 
average exceptional student education guaranteed allocation 591 
funds per exceptional student education full -time equivalent 592 
student. 593 
 3.  For a student with a Level IV or Level V matrix of 594 
services, the calculated scholarship amount must be based upon 595 
the school district to which the student would have been 596 
assigned as the total funds per full -time equivalent for the 597 
Level IV or Level V exceptional student education program 598 
pursuant to s. 1011.62(1)(c)2.a. or b., plus a per -full time 599 
equivalent share of funds for all categorical programs, as 600     
 
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funded in the General Appr opriations Act. 601 
 4.  For a student who received a Gardiner Scholarship 602 
pursuant to s. 1002.385 in the 2020 -2021 school year, the amount 603 
shall be the greater of the amount calculated pursuant to 604 
subparagraph 2. or the amount the student received for the 202 0-605 
2021 school year. 606 
 5.  For a student who received a John M. McKay Scholarship 607 
pursuant to s. 1002.39 in the 2020 -2021 school year, the amount 608 
shall be the greater of the amount calculated pursuant to 609 
subparagraph 2. or the amount the student received for the 2020-610 
2021 school year. 611 
 6.  The organization must provide the department with the 612 
documentation necessary to verify the student's participation. 613 
 7.  Upon receiving the documentation, the department shall 614 
release, from state funds only, the student's scholarship funds 615 
to the organization, to be deposited into the student's account 616 
in four equal amounts no later than September 1, November 1, 617 
February 1, and April 1 of each school year in which the 618 
scholarship is in force. 619 
 8.  Accrued interest in the st udent's account is in 620 
addition to, and not part of, the awarded funds. Program funds 621 
include both the awarded funds and accrued interest. 622 
 9.  The organization may develop a system for payment of 623 
benefits by funds transfer, including, but not limited to, d ebit 624 
cards, electronic payment cards, or any other means of payment 625     
 
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which the department deems to be commercially viable or cost -626 
effective. A student's scholarship award may not be reduced for 627 
debit card or electronic payment fees. Commodities or services 628 
related to the development of such a system must be procured by 629 
competitive solicitation unless they are purchased from a state 630 
term contract pursuant to s. 287.056. 631 
 10.  An organization may not transfer any funds to an 632 
account of a student determined to be eligible pursuant to 633 
paragraph (3)(b) which has a balance in excess of $50,000. 634 
 11.10. Moneys received pursuant to this section do not 635 
constitute taxable income to the qualified student or the parent 636 
of the qualified student. 637 
 (17)  OBLIGATIONS OF CHO ICE NAVIGATOR.—Beginning January 1, 638 
2024, a choice navigator must: 639 
 (a)  Review educational records and assessment results to 640 
determine the academic needs of a student. 641 
 (b)  Identify educational options authorized under 642 
paragraph (4)(a) to address the academic needs of a student. 643 
 (c)  Provide guidance to enable parents to choose the best 644 
educational options for their student. 645 
 (d)  Report the scores of all participating students to a 646 
state university as described in s. 1002.395(9)(f). 647 
 Section 3.  Paragraphs (b) through (k) of subsection (2) of 648 
section 1002.395, Florida Statutes, are redesignated as 649 
paragraphs (c) through (l), respectively, paragraph (b) of 650     
 
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subsection (3), subsection (4), paragraphs (b), (d), (j), and 651 
(o) of subsection (6), subsection (7), and paragraphs (a), (b), 652 
and (f) of subsection (9), and paragraph (b) of subsection (11) 653 
are amended, and a new paragraph (b) is added to subsection (2), 654 
paragraphs (r), (s), and (t) are added to subsection (6), 655 
paragraphs (e) through (h) are added to subsection (11), and 656 
subsection (16) is added to that section, to read: 657 
 1002.395  Florida Tax Credit Scholarship Program. — 658 
 (2)  DEFINITIONS.—As used in this section, the term: 659 
 (b)  "Choice navigator" means an individual who assists 660 
parents with the selection of, application for, and enrollment 661 
in educational options that address the academic needs of their 662 
student. 663 
 (3)  PROGRAM; INITIAL SCHOLARSHIP ELIGIBILITY. — 664 
 (b)1. A student is eligible for a Florida tax credit 665 
scholarship under this section if the student is a resident of 666 
this state and is eligible to enroll in kindergarten through 667 
grade 12 in a public school in this state meets one or more of 668 
the following criteria: 669 
 1.  The student is on the direct certification list or the 670 
student's household income level does not exceed 375 percent of 671 
the federal poverty level or an adjusted maximum percent of the 672 
federal poverty level authorized under s. 1002.394(3)(a)3.; or 673 
 2.  The student is currently placed, or during the previous 674 
state fiscal year was placed, in foster care or in out -of-home 675     
 
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care as defined in s. 39.01 . 676 
 2. Priority must be given to a student whose household 677 
income level does not exceed 185 percent of t he federal poverty 678 
level or who is in foster care or out -of-home care. A student 679 
who initially receives a scholarship based on eligibility under 680 
this paragraph remains eligible to participate until he or she 681 
graduates from high school or attains the age of 21 years, 682 
whichever occurs first, regardless of the student's household 683 
income level. A sibling of a student who is participating in the 684 
scholarship program under this subsection is eligible for a 685 
scholarship if the student resides in the same household a s the 686 
sibling. 687 
 (4)  SCHOLARSHIP PROHIBITIONS. —A student is not eligible 688 
for a scholarship while he or she is: 689 
 (a)  Enrolled in a public school, including, but not 690 
limited to, the Florida School for the Deaf and the Blind, the 691 
College-Preparatory Boarding Academy, a developmental research 692 
school authorized under s. 1002.32, or a charter school 693 
authorized under this chapter. For purposes of this paragraph, a 694 
3- or 4-year-old child who receives services funded through the 695 
Florida Education Finance Program is considered a student 696 
enrolled in a public school; 697 
 (b)(a) Enrolled in a school operating for the purpose of 698 
providing educational services to youth in a Department of 699 
Juvenile Justice commitment program programs; 700     
 
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 (b)  Receiving a scholarship from anothe r eligible 701 
nonprofit scholarship -funding organization under this section; 702 
 (c)  Receiving any other an educational scholarship 703 
pursuant to this chapter; 704 
 (d)  Not having regular and direct contact with his or her 705 
private school teachers pursuant to s. 1002 .421(1)(i) unless he 706 
or she is enrolled in a home education program pursuant to s. 707 
1002.41; 708 
 (d)  Participating in a home education program as defined 709 
in s. 1002.01(1); 710 
 (e)  Participating in a private tutoring program pursuant 711 
to s. 1002.43 unless he or she is enrolled in a home education 712 
program pursuant to s. 1002.41 ; or 713 
 (f)  Participating in a virtual instruction pursuant to s. 714 
1002.455 school, correspondence school, or distance learning 715 
program that receives state funding pursuant to the student's 716 
participation unless the participation is limited to no more 717 
than two courses per school year; or 718 
 (g)  Enrolled in the Florida School for the Deaf and the 719 
Blind. 720 
 (6)  OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP -FUNDING 721 
ORGANIZATIONS.—An eligible nonprofit scholarship-funding 722 
organization: 723 
 (b)  Must comply with the following background check 724 
requirements: 725     
 
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 1.  All owners and operators as defined in subparagraph 726 
(2)(j)1. (2)(i)1. are, before employment or engagement to 727 
provide services, subject to level 2 b ackground screening as 728 
provided under chapter 435. The fingerprints for the background 729 
screening must be electronically submitted to the Department of 730 
Law Enforcement and can be taken by an authorized law 731 
enforcement agency or by an employee of the eligibl e nonprofit 732 
scholarship-funding organization or a private company who is 733 
trained to take fingerprints. However, the complete set of 734 
fingerprints of an owner or operator may not be taken by the 735 
owner or operator. The results of the state and national 736 
criminal history check shall be provided to the Department of 737 
Education for screening under chapter 435. The cost of the 738 
background screening may be borne by the eligible nonprofit 739 
scholarship-funding organization or the owner or operator. 740 
 2.  Every 5 years fol lowing employment or engagement to 741 
provide services or association with an eligible nonprofit 742 
scholarship-funding organization, each owner or operator must 743 
meet level 2 screening standards as described in s. 435.04, at 744 
which time the nonprofit scholarship -funding organization shall 745 
request the Department of Law Enforcement to forward the 746 
fingerprints to the Federal Bureau of Investigation for level 2 747 
screening. If the fingerprints of an owner or operator are not 748 
retained by the Department of Law Enforcement under subparagraph 749 
3., the owner or operator must electronically file a complete 750     
 
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set of fingerprints with the Department of Law Enforcement. Upon 751 
submission of fingerprints for this purpose, the eligible 752 
nonprofit scholarship -funding organization shall re quest that 753 
the Department of Law Enforcement forward the fingerprints to 754 
the Federal Bureau of Investigation for level 2 screening, and 755 
the fingerprints shall be retained by the Department of Law 756 
Enforcement under subparagraph 3. 757 
 3.  Fingerprints submitte d to the Department of Law 758 
Enforcement as required by this paragraph must be retained by 759 
the Department of Law Enforcement in a manner approved by rule 760 
and entered in the statewide automated biometric identification 761 
system authorized by s. 943.05(2)(b). Th e fingerprints must 762 
thereafter be available for all purposes and uses authorized for 763 
arrest fingerprints entered in the statewide automated biometric 764 
identification system pursuant to s. 943.051. 765 
 4.  The Department of Law Enforcement shall search all 766 
arrest fingerprints received under s. 943.051 against the 767 
fingerprints retained in the statewide automated biometric 768 
identification system under subparagraph 3. Any arrest record 769 
that is identified with an owner's or operator's fingerprints 770 
must be reported to the Department of Education. The Department 771 
of Education shall participate in this search process by paying 772 
an annual fee to the Department of Law Enforcement and by 773 
informing the Department of Law Enforcement of any change in the 774 
employment, engagement, or association status of the owners or 775     
 
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operators whose fingerprints are retained under subparagraph 3. 776 
The Department of Law Enforcement shall adopt a rule setting the 777 
amount of the annual fee to be imposed upon the Department of 778 
Education for performing t hese services and establishing the 779 
procedures for the retention of owner and operator fingerprints 780 
and the dissemination of search results. The fee may be borne by 781 
the owner or operator of the nonprofit scholarship -funding 782 
organization. 783 
 5.  A nonprofit scholarship-funding organization whose 784 
owner or operator fails the level 2 background screening is not 785 
eligible to provide scholarships under this section. 786 
 6.  A nonprofit scholarship -funding organization whose 787 
owner or operator in the last 7 years has file d for personal 788 
bankruptcy or corporate bankruptcy in a corporation of which he 789 
or she owned more than 20 percent shall not be eligible to 790 
provide scholarships under this section. 791 
 7.  In addition to the offenses listed in s. 435.04, a 792 
person required to un dergo background screening pursuant to this 793 
part or authorizing statutes must not have an arrest awaiting 794 
final disposition for, must not have been found guilty of, or 795 
entered a plea of nolo contendere to, regardless of 796 
adjudication, and must not have been adjudicated delinquent, and 797 
the record must not have been sealed or expunged for, any of the 798 
following offenses or any similar offense of another 799 
jurisdiction: 800     
 
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 a.  Any authorizing statutes, if the offense was a felony. 801 
 b.  This chapter, if the offense w as a felony. 802 
 c.  Section 409.920, relating to Medicaid provider fraud. 803 
 d.  Section 409.9201, relating to Medicaid fraud. 804 
 e.  Section 741.28, relating to domestic violence. 805 
 f.  Section 817.034, relating to fraudulent acts through 806 
mail, wire, radio, electromagnetic, photoelectronic, or 807 
photooptical systems. 808 
 g.  Section 817.234, relating to false and fraudulent 809 
insurance claims. 810 
 h.  Section 817.505, relating to patient brokering. 811 
 i.  Section 817.568, relating to criminal use of personal 812 
identification information. 813 
 j.  Section 817.60, relating to obtaining a credit card 814 
through fraudulent means. 815 
 k.  Section 817.61, relating to fraudulent use of credit 816 
cards, if the offense was a felony. 817 
 l.  Section 831.01, relating to forgery. 818 
 m.  Section 831.02, relating to uttering forged 819 
instruments. 820 
 n.  Section 831.07, relating to forging bank bills, checks, 821 
drafts, or promissory notes. 822 
 o.  Section 831.09, relating to uttering forged bank bills, 823 
checks, drafts, or promissory notes. 824 
 p.  Section 831.30, relati ng to fraud in obtaining 825     
 
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medicinal drugs. 826 
 q.  Section 831.31, relating to the sale, manufacture, 827 
delivery, or possession with the intent to sell, manufacture, or 828 
deliver any counterfeit controlled substance, if the offense was 829 
a felony. 830 
 (d)1.  For the 2023-2024 school year, may fund no more than 831 
10,000 scholarships for students who are enrolled in a home 832 
education program. The number of scholarships funded for such 833 
students may increase by 20,000 in each subsequent school year. 834 
This subparagraph is repeal ed July 1, 2027. 835 
 2. Must establish and maintain separate empowerment 836 
accounts from eligible contributions for each eligible student. 837 
For each account, the organization must maintain a record of 838 
accrued interest that is retained in the student's account. The 839 
organization must verify that scholarship funds are used for 840 
provide scholarships, from eligible contributions, to eligible 841 
students for the cost of : 842 
 a.1. Tuition and fees for an eligible private school .; or 843 
 b.2. Transportation to a Florida public school in which a 844 
student is enrolled and that is different from the school to 845 
which the student was assigned or to a lab school as defined in 846 
s. 1002.32. 847 
 c.  Instructional materials, including digital materials 848 
and Internet resources. 849 
 d.  Curriculum as defined in s. 1002.394(2). 850     
 
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 e.  Tuition and fees associated with full -time or part-time 851 
enrollment in a home education program, an eligible private 852 
school, an eligible postsecondary educational institution or a 853 
program offered by the postsecondary educatio nal institution, a 854 
private tutoring program authorized under s. 1002.43, a virtual 855 
program offered by a Department of Education -approved private 856 
online provider that meets the provider qualifications specified 857 
in s. 1002.45(2)(a), the Florida Virtual Schoo l as a private 858 
paying student, or an approved online course offered pursuant to 859 
s. 1003.499 or s. 1004.0961. 860 
 f.  Fees for nationally standardized, norm -referenced 861 
achievement tests, Advanced Placement Examinations, industry 862 
certification examinations, ass essments related to postsecondary 863 
education, or other assessments. 864 
 g.  Contracted services provided by a public school or 865 
school district, including classes. A student who receives 866 
contracted services under this sub -subparagraph is not 867 
considered enrolled in a public school for eligibility purposes 868 
as specified in subsection (11). 869 
 h.  Tuition and fees for part -time tutoring services 870 
provided by a person who holds a valid Florida educator's 871 
certificate pursuant to s. 1012.56, a person who holds an 872 
adjunct teaching certificate pursuant to s. 1012.57, a person 873 
who has a bachelor's degr ee or a graduate degree in the subject 874 
area in which instruction is given, a person who has 875     
 
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demonstrated a mastery of subject area knowledge pursuant to s. 876 
1012.56(5), or a person certified by a nationally or 877 
internationally recognized research -based training program as 878 
approved by the Department of Education. As used in this 879 
paragraph, the term "part -time tutoring services" does not 880 
qualify as regular school attendance as defined in s. 881 
1003.01(13)(e). 882 
 (j)1.  May use eligible contributions received pursuan t to 883 
this section and ss. 212.099, 212.1832, and 1002.40 during the 884 
state fiscal year in which such contributions are collected for 885 
administrative expenses if the organization has operated as an 886 
eligible nonprofit scholarship -funding organization for at le ast 887 
the preceding 3 fiscal years and did not have any findings of 888 
material weakness or material noncompliance in its most recent 889 
audit under paragraph (m). Administrative expenses from eligible 890 
contributions may not exceed 3 percent of the total amount of 891 
all scholarships funded by an eligible scholarship -funding 892 
organization under this chapter. Such administrative expenses 893 
must be reasonable and necessary for the organization's 894 
management and distribution of scholarships funded under this 895 
chapter. Administrative expenses may include developing or 896 
contracting with rideshare programs or facilitating carpool 897 
strategies for recipients of a transportation scholarship. No 898 
funds authorized under this subparagraph shall be used for 899 
lobbying or political activity or expenses related to lobbying 900     
 
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or political activity. Up to one -third of the funds authorized 901 
for administrative expenses under this subparagraph may be used 902 
for expenses related to the recruitment of contributions from 903 
taxpayers. An eligible nonprofit scho larship-funding 904 
organization may not charge an application fee. 905 
 2.  Must expend for annual or partial -year scholarships an 906 
amount equal to or greater than 75 percent of all the net 907 
eligible contributions remaining after administrative expenses 908 
during the state fiscal year in which such contributions are 909 
collected. No more than 25 percent of such net eligible 910 
contributions may be carried forward to the following state 911 
fiscal year. All amounts carried forward, for audit purposes, 912 
must be specifically identif ied for particular students, by 913 
student name and the name of the school to which the student is 914 
admitted, subject to the requirements of ss. 1002.22 and 915 
1002.221 and 20 U.S.C. s. 1232g, and the applicable rules and 916 
regulations issued pursuant thereto. Any amounts carried forward 917 
shall be expended for annual or partial -year scholarships in the 918 
following state fiscal year. No later than September 30 of each 919 
year, net eligible contributions remaining on June 30 of each 920 
year that are in excess of the 25 percent that may be carried 921 
forward shall be used to provide scholarships to eligible 922 
students or transferred to other eligible nonprofit scholarship -923 
funding organizations to provide scholarships for eligible 924 
students. All transferred funds must be deposited by e ach 925     
 
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eligible nonprofit scholarship -funding organization receiving 926 
such funds into its scholarship account. All transferred amounts 927 
received by any eligible nonprofit scholarship -funding 928 
organization must be separately disclosed in the annual 929 
financial audit required under paragraph (m). 930 
 3.  Must, before granting a scholarship for an academic 931 
year, document each scholarship student's eligibility for that 932 
academic year. A scholarship -funding organization may not grant 933 
multiyear scholarships in one approval p rocess. 934 
 (o)1.a.  Must participate in the joint development of 935 
agreed-upon procedures during the 2009 -2010 state fiscal year. 936 
The agreed-upon procedures must uniformly apply to all private 937 
schools and must determine, at a minimum, whether the private 938 
school has been verified as eligible by the Department of 939 
Education under s. 1002.421; has an adequate accounting system, 940 
system of financial controls, and process for deposit and 941 
classification of scholarship funds; and has properly expended 942 
scholarship funds for education-related expenses. During the 943 
development of the procedures, the participating scholarship -944 
funding organizations shall specify guidelines governing the 945 
materiality of exceptions that may be found during the 946 
accountant's performance of the proc edures. The procedures and 947 
guidelines shall be provided to private schools and the 948 
Commissioner of Education by March 15, 2011. 949 
 b.  Must participate in a joint review of the agreed -upon 950     
 
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procedures and guidelines developed under sub -subparagraph a., 951 
by February of each biennium, if the scholarship -funding 952 
organization provided more than $250,000 in scholarship funds to 953 
an eligible private school under this chapter during the state 954 
fiscal year preceding the biennial review. If the procedures and 955 
guidelines are revised, the revisions must be provided to 956 
private schools and the Commissioner of Education by March 15 of 957 
the year in which the revisions were completed. The revised 958 
agreed-upon procedures and guidelines shall take effect the 959 
subsequent school year. For the 2018-2019 school year only, the 960 
joint review of the agreed -upon procedures must be completed and 961 
the revisions submitted to the commissioner no later than 962 
September 15, 2018. The revised procedures are applicable to the 963 
2018-2019 school year. 964 
 c.  Must monitor the compliance of a private school with s. 965 
1002.421(1)(q) if the scholarship -funding organization provided 966 
the majority of the scholarship funding to the school. For each 967 
private school subject to s. 1002.421(1)(q), the appropriate 968 
scholarship-funding organization shall annually notify the 969 
Commissioner of Education by October 30 of: 970 
 (I)  A private school's failure to submit a report required 971 
under s. 1002.421(1)(q); or 972 
 (II)  Any material exceptions set forth in the report 973 
required under s. 10 02.421(1)(q). 974 
 2.  Must seek input from the accrediting associations that 975     
 
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are members of the Florida Association of Academic Nonpublic 976 
Schools and the Department of Education when jointly developing 977 
the agreed-upon procedures and guidelines under sub -subparagraph 978 
1.a. and conducting a review of those procedures and guidelines 979 
under sub-subparagraph 1.b. 980 
 (r)  Must participate in the joint development of agreed -981 
upon purchasing guidelines for authorized uses of scholarship 982 
funds under this chapter. The purcha sing guidelines shall be 983 
provided to the Commissioner of Education and posted on the 984 
eligible nonprofit scholarship -funding organization's website by 985 
December 31, 2023, and annually thereafter.  986 
 (s)  May permit eligible students to use program funds for 987 
the purposes listed in paragraph (d) by paying for the 988 
authorized use directly, then submitting a reimbursement request 989 
to the eligible nonprofit scholarship -funding organization. 990 
However, an eligible nonprofit scholarship -funding organization 991 
may elect not to provide reimbursements and only allow direct 992 
purchases using program funds. 993 
 (t)  Must notify each parent that participation in the 994 
scholarship program does not guarantee enrollment. 995 
 996 
Information and documentation provided to the Department of 997 
Education and the Auditor General relating to the identity of a 998 
taxpayer that provides an eligible contribution under this 999 
section shall remain confidential at all times in accordance 1000     
 
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with s. 213.053. 1001 
 (7)  PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 1002 
PARTICIPATION.— 1003 
 (a)  A parent whose student will be enrolled full time in a 1004 
private school must: 1005 
 1. The parent must Select an eligible private school and 1006 
apply for the admission of his or her child. 1007 
 2.(b) The parent must Inform the child's school district 1008 
when the parent withdraws his or her child to attend an eligible 1009 
private school. 1010 
 3.(c) Require his or her any student participating in the 1011 
scholarship program to must remain in attendance throughout the 1012 
school year unless excused by the school for illness or other 1013 
good cause and. 1014 
 (d)  Each parent and each student has an obligation to the 1015 
private school to comply with the private school's published 1016 
policies. 1017 
 4.(e) Require his or her The parent shall ensure that the 1018 
student participating in the scholarship program to take takes 1019 
the norm-referenced assessment offered by the private school. 1020 
The parent may also choose to have the student participate in 1021 
the statewide assessments pursuant to s. 1008.22. If the parent 1022 
requests that the student participating in th e scholarship 1023 
program take statewide assessments pursuant to s. 1008.22 and 1024 
the private school has not chosen to offer and administer the 1025     
 
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statewide assessments, the parent is responsible for 1026 
transporting the student to the assessment site designated by 1027 
the school district. 1028 
 5.(f) Upon receipt of a scholarship warrant from the 1029 
eligible nonprofit scholarship -funding organization, the parent 1030 
to whom the warrant is made must restrictively endorse the 1031 
warrant to the private school for deposit into the account o f 1032 
the private school. If payments are made by funds transfer, the 1033 
parent must Approve each payment before the scholarship funds 1034 
may be deposited by funds transfer. The parent may not designate 1035 
any entity or individual associated with the participating 1036 
private school as the parent's attorney in fact to endorse a 1037 
scholarship warrant or approve a funds transfer. A participant 1038 
who fails to comply with this paragraph forfeits the 1039 
scholarship. 1040 
 6.(g) The parent shall Authorize the nonprofit 1041 
scholarship-funding organization to access information needed 1042 
for income eligibility determination and verification held by 1043 
other state or federal agencies, including the Department of 1044 
Revenue, the Department of Children and Families, the Department 1045 
of Education, the Departmen t of Economic Opportunity, and the 1046 
Agency for Health Care Administration. 1047 
 (b)  A parent whose student will be enrolled in a home 1048 
education program with the school district in which the student 1049 
resides must: 1050     
 
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 1.  Apply to an eligible nonprofit scholarship -funding 1051 
organization to participate in the program by a date set by the 1052 
organization. The request must be communicated directly to the 1053 
organization in a manner that creates a written or electronic 1054 
record of the request and the date of receipt of the reques t. 1055 
 2.  Sign an agreement with the organization and annually 1056 
submit a sworn compliance statement to the organization to 1057 
satisfy or maintain program eligibility, including eligibility 1058 
to receive and spend program payments, by: 1059 
 a.  Affirming that the parent has established and maintains 1060 
a home education program in accordance with s. 1002.41. 1061 
 b.  Affirming that the program funds are used only for 1062 
authorized purposes serving the student's educational needs, as 1063 
described in paragraph (6)(d), and that they will not receive a 1064 
payment, refund, or rebate of any funds provided under this 1065 
section. 1066 
 c.  Affirming that the parent is responsible for all 1067 
eligible expenses in excess of the amount of the scholarship and 1068 
for the education of his or her student. 1069 
 3.  Require the student to take a nationally norm -1070 
referenced test identified by the Department of Education, or a 1071 
statewide assessment under s. 1008.22, and provide educational 1072 
records and assessment results to a choice navigator before the 1073 
student's program renewal. 1074 
 4.  Meet with a choice navigator at least annually before 1075     
 
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the student's program renewal to: 1076 
 a.  Discuss the academic needs and progress of the student 1077 
based on educational records submitted by the parent and annual 1078 
assessment results. 1079 
 b.  Select educational options based on the academic needs 1080 
of the student.   1081 
 5.  Affirm that the student remains in good standing with 1082 
the provider or school if those options are selected by the 1083 
parent. 1084 
 6.  Renew participation in the program each year. A student 1085 
whose participation in the program is not renewed may continue 1086 
to spend scholarship funds that are in his or her account from 1087 
prior years unless the account must be closed pursuant to s. 1088 
1002.394(5)(a)2.  1089 
 7.  Procure the services necessary to educate the student. 1090 
When the student receives a scholarship, the district school 1091 
board is not obligated to provide the student with a free 1092 
appropriate public education. 1093 
 (9)  DEPARTMENT OF EDUCATION OBLIGATI ONS.—The Department of 1094 
Education shall: 1095 
 (a)  Annually submit to the department and division, by 1096 
March 15, a list of eligible nonprofit scholarship -funding 1097 
organizations that meet the requirements of paragraph (2)(g) 1098 
(2)(f). 1099 
 (b)  Annually verify the eligi bility of nonprofit 1100     
 
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scholarship-funding organizations that meet the requirements of 1101 
paragraph (2)(g) (2)(f). 1102 
 (f)  Issue a project grant award to a state university, to 1103 
which participating private schools and choice navigators must 1104 
report the scores of par ticipating students on the nationally 1105 
norm-referenced tests or the statewide assessments administered 1106 
by the private school in grades 3 through 10. The project term 1107 
is 2 years, and the amount of the project is up to $250,000 per 1108 
year. The project grant awa rd must be reissued in 2 -year 1109 
intervals in accordance with this paragraph. 1110 
 1.  The state university must annually report to the 1111 
Department of Education on the student performance of 1112 
participating students: 1113 
 a.  On a statewide basis. The report shall also include, to 1114 
the extent possible, a comparison of scholarship students' 1115 
performance to the statewide student performance of public 1116 
school students with socioeconomic backgrounds similar to those 1117 
of students participating in the scholarship program. To 1118 
minimize costs and reduce time required for the state 1119 
university's analysis and evaluation, the Department of 1120 
Education shall coordinate with the state university to provide 1121 
data to the state university in order to conduct analyses of 1122 
matched students from publ ic school assessment data and 1123 
calculate control group student performance using an agreed -upon 1124 
methodology with the state university; and 1125     
 
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 b.  On an individual school basis. The annual report must 1126 
include student performance for each participating private 1127 
school in which at least 51 percent of the total enrolled 1128 
students in the private school participated in a scholarship 1129 
program under this section or s. 1002.394(12)(a) the Florida Tax 1130 
Credit Scholarship Program in the prior school year. The report 1131 
shall be according to each participating private school, and for 1132 
participating students, in which there are at least 30 1133 
participating students who have scores for tests administered. 1134 
If the state university determines that the 30 -participating-1135 
student cell size ma y be reduced without disclosing personally 1136 
identifiable information, as described in 34 C.F.R. s. 99.12, of 1137 
a participating student, the state university may reduce the 1138 
participating-student cell size, but the cell size must not be 1139 
reduced to less than 10 participating students. The department 1140 
shall provide each private school's prior school year's student 1141 
enrollment information to the state university no later than 1142 
June 15 of each year, or as requested by the state university. 1143 
 2.  The sharing and reportin g of student performance data 1144 
under this paragraph must be in accordance with requirements of 1145 
ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g, the Family 1146 
Educational Rights and Privacy Act, and the applicable rules and 1147 
regulations issued pursuant thereto, and shall be for the sole 1148 
purpose of creating the annual report required by subparagraph 1149 
1. All parties must preserve the confidentiality of such 1150     
 
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information as required by law. The annual report must not 1151 
disaggregate data to a level that will identify ind ividual 1152 
participating schools, except as required under sub -subparagraph 1153 
1.b., or disclose the academic level of individual students. 1154 
 3.  The annual report required by subparagraph 1. shall be 1155 
published by the Department of Education on its website. 1156 
 (11) SCHOLARSHIP AMOUNT AND PAYMENT. — 1157 
 (b)  Payment of the scholarship by the eligible nonprofit 1158 
scholarship-funding organization shall be by individual warrant 1159 
made payable to the student's parent or by funds transfer, 1160 
including, but not limited to, debit ca rds, electronic payment 1161 
cards, or any other means of payment that the department deems 1162 
to be commercially viable or cost -effective. If the payment is 1163 
made by warrant, the warrant must be delivered by the eligible 1164 
nonprofit scholarship -funding organization to the private school 1165 
of the parent's choice, and the parent shall restrictively 1166 
endorse the warrant to the private school. An eligible nonprofit 1167 
scholarship-funding organization shall ensure that the parent to 1168 
whom the warrant is made restrictively endors ed the warrant to 1169 
the private school for deposit into the account of the private 1170 
school or that the parent has approved a funds transfer before 1171 
any scholarship funds are deposited. 1172 
 (e)  An eligible nonprofit scholarship -funding organization 1173 
may not transfer any funds to an account of a student determined 1174 
eligible under this section which has a balance in excess of 1175     
 
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$24,000. 1176 
 (f)  A scholarship awarded to an eligible student shall 1177 
remain in force until: 1178 
 1.  The organization determines that the student is no t 1179 
eligible for program renewal; 1180 
 2.  The Commissioner of Education suspends or revokes 1181 
program participation or use of funds; 1182 
 3.  The student's parent has forfeited participation in the 1183 
program for failure to comply with subsection (7); 1184 
 4.  The student enrolls in a public school. However, if a 1185 
student enters a Department of Juvenile Justice detention center 1186 
for a period of no more than 21 days, the student is not 1187 
considered to have returned to a public school on a full -time 1188 
basis for that purpose; or 1189 
 5.  The student graduates from high school or attains 21 1190 
years of age, whichever occurs first. 1191 
 (g)  Reimbursements for program expenditures may continue 1192 
until the account balance is expended or remaining funds have 1193 
reverted to the state. 1194 
 (h)  A student's scholarship account must be closed and any 1195 
remaining funds shall revert to the state after: 1196 
 1.  Denial or revocation of program eligibility by the 1197 
commissioner for fraud or abuse, including, but not limited to, 1198 
the student or student's parent accepting any payment, refund, 1199 
or rebate, in any manner, from a provider of any services 1200     
 
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received pursuant to paragraph (6)(d); or 1201 
 2.  Two consecutive fiscal years in which an account has 1202 
been inactive. 1203 
 (16)  OBLIGATIONS OF CHOICE NAVIGATOR. —Beginning January 1, 1204 
2024, a choice navigator must: 1205 
 (a)  Review educational records and assessment results to 1206 
determine the academic needs of a student. 1207 
 (b)  Identify educational options authorized under 1208 
paragraph (6)(d) to address the academic needs of a student. 1209 
 (c)  Provide guidance to enable parents to choose the best 1210 
option or options for their student. 1211 
 (d)  Report the scores of all participating students to a 1212 
state university as described in paragraph (9)(f). 1213 
 Section 4.  Paragraphs (e) and (f) of subsection (2) of 1214 
section 1002.40, Florida Statutes, are amended to read: 1215 
 1002.40  The Hope Scholarship Program. — 1216 
 (2)  DEFINITIONS.—As used in this section, the term: 1217 
 (e)  "Eligible nonprofit scholarship -funding organization" 1218 
or "organization" has the same meaning as pro vided in s. 1219 
1002.395(2) s. 1002.395(2)(f). 1220 
 (f)  "Eligible private school" has the same meaning as 1221 
provided in s. 1002.395(2) s. 1002.395(2)(g). 1222 
 Section 5.  Section 1002.44, Florida Statutes, is created 1223 
to read: 1224 
 1002.44  Part-time public school enrollm ent.— 1225     
 
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 (1)  Any public school in this state, including a charter 1226 
school, may enroll a student who meets the regular school 1227 
attendance criteria in s. 1003.01(13)(b) -(e) on a part-time 1228 
basis, subject to space and availability according to the 1229 
school's capacity determined pursuant to s. 1002.31(2)(b). 1230 
 (2)  A student attending a public school on a part -time 1231 
basis pursuant to this section shall generate full -time 1232 
equivalent student membership as described in s. 1011.61(1)(b). 1233 
 (3)  A student attending a public school on a part-time 1234 
basis pursuant to this section is not considered to be in 1235 
regular attendance at a public school as defined in s. 1236 
1003.01(13)(a). 1237 
 Section 6.  This act shall take effect July 1, 2023. 1238