CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 1 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 2 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 3 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 4 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 5 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 6 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 7 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 8 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 9 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 10 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 11 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 12 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 13 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 14 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 15 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 16 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 17 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 18 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 19 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 20 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 21 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 22 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 23 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 24 of 50 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 (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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 25 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 26 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 27 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 28 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 29 of 50 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 (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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 30 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 31 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 32 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 33 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 34 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 35 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 36 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 37 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 38 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 39 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 40 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 41 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 42 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 43 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 44 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 45 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 46 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 47 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 48 of 50 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 $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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 49 of 50 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 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 CS/HB 1 2023 CODING: Words stricken are deletions; words underlined are additions. hb0001-01-c1 Page 50 of 50 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 (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