This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h5101.APC
DATE: 3/24/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 5101 PCB PKA 23-01 Education
SPONSOR(S): PreK-12 Appropriations Subcommittee, Tomkow
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: PreK-12 Appropriations
Subcommittee
14 Y, 0 N Bailey Potvin
1) Appropriations Committee Bailey Pridgeon
SUMMARY ANALYSIS
The bill conforms law to the General Appropriations Act proposed by the House of Representatives for Fiscal Year
2023-2024 for prekindergarten through grade 12 education. Specifically, the bill:
Conforms the calculation methodology for funding in the Florida Education Finance Program (FEFP) for the
Florida Virtual School and the developmental research schools to changes made by the bill.
Requires the Department of Education (DOE) to report, as part of the determination of full-time equivalent
(FTE) membership, all students who are receiving a Family Empowerment Scholarship (FES) for funding in
the FEFP.
Conforms the calculation methodology for the scholarships awarded for the FES program to the changes
made by the bill.
Repeals the enrollment ceiling on the Group 2 education programs to include: (a) Exceptional Student
Education (ESE) Support Level IV (b) ESE Support Level V; (c) English for Speakers of Other Languages
(ESOL); and ,(d) Secondary Career Education.
Renames the district cost differential (DCD) to the comparable wage factor (CWF) and modifies its
application by authorizing the use of the CWF in the calculation of the base FEFP funding only when a
school district’s CWF is greater than 1.000.
Repeals the following FEFP categoricals:
o Funding Compression and Hold Harmless;
o Sparsity Supplement; and
o Turnaround Supplemental Services Allocation.
Repeals the following FEFP categoricals but retains the underlying funding policies:
o Instructional Materials;
o Mental Health Assistance Allocation;
o Reading Instruction Allocation; and
o Safe Schools Allocation.
Repeals the Teacher Salary Increase Allocation but retains the requirement of $47,500 as the minimum
base salary for full-time classroom teachers.
Deletes the inclusion of the Teacher Classroom Supply Assistance categorical in the FEFP and modifies the
underlying funding policy.
Retains the DJJ Supplement Allocation and modifies the eligible uses of the categorical to include uses
previously only included in proviso in the General Appropriations Act.
Retains the ESE Guaranteed Allocation and establishes a calculation methodology in law.
Retains the State-Funded Discretionary Contribution for the Florida Virtual School and the developmental
research schools and modifies the calculation methodology of the contribution.
Renames the Supplemental Academic Instruction categorical the Supplemental Academic and Support
Services categorical and modifies its eligible uses to include the uses previously included in the Turnaround
Supplemental Services Allocation
Requires the DOE to provide a one-time, sign-on bonus to honorably discharged and retired military
veterans and retired first responders who commit to joining the teaching profession as full-time classroom
teachers.
The bill provides for an effective date of July 1, 2023.
STORAGE NAME: h5101.APC PAGE: 2
DATE: 3/24/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Florida Education Finance Program
Present Situation
The FEFP is the state’s formula to appropriate funds to school districts for kindergarten through grade
12 public school operations, which includes charter schools, and to fund the Family Empowerment
Scholarship (FES) program. The FEFP is composed of state and local revenues and takes into
account various factors such as the individual educational needs of students, the local property tax
base, the costs of educational programs, district cost differentials, and sparsity of student population.
1
State FEFP revenues are derived from the following three sources:
2
General Revenue Fund – comprised of several state taxes and selected fees; the state’s sales
tax is the primary source of general revenue.
Educational Enhancement Trust Fund (EETF) – comprised of the net proceeds from the Florida
Lottery and the tax proceeds on slot machines in Broward and Miami-Dade counties.
State School Trust Fund (SSTF) – comprised of revenue from unclaimed property that has
escheated to the state.
Local FEFP revenue is derived almost entirely from property taxes levied by Florida’s 67 counties, each
of which constitutes a school district. To participate in the state allocation of FEFP funds, a school
district must levy the millage rate set for its required local effort (RLE) from property taxes.
3
The
Legislature sets the aggregate RLE amount in the General Appropriations Act (GAA). Each school
district’s share of this amount is based on the school district’s certified property tax valuations, and
each school district’s required millage rate as established by the Commissioner of Education
(commissioner).
4
In addition to the RLE millage, each school district is authorized to levy a nonvoted current operating
discretionary millage.
5
The Legislature annually prescribes in the GAA the maximum amount of millage
a school may levy.
6
For Fiscal Year 2022-2023, the Legislature prescribed 0.748 as the maximum
millage rate.
7
The DOE is required to distribute state FEFP funds to school districts on or about the 10
th
and 26
th
of
each month.
8
For purposes of this distribution, the FEFP is calculated five times throughout the year as
follows:
9
1
st
Calculation (also referred to as the conference calculation) is completed by the Legislature
and used to fund the FEFP in the GAA. The July 10
th
FEFP distribution is based on this
calculation.
2
nd
Calculation is completed upon receipt of the certified tax roll from the Department of
Revenue. The July 26
th
through January FEFP distributions are based on this calculation.
3
rd
Calculation is completed upon receipt of school districts’ October FTE membership survey.
The January through April FEFP distributions are based on this calculation.
1
Florida Department of Education, 2022-23 Funding for Florida School Districts (available at 2022-23 Funding Book (fldoe.org).
2
Id.
3
Section 1011.71(1), Florida Statutes.
4
Section 1011.62(4), Florida Statutes.
5
Supra, note 3.
6
Supra, note 3.
7
Fiscal Year 2022-2023 General Appropriations Act, chapter 2022-156, Laws of Florida.
8
Section 1011.66, Florida Statutes.
9
Section 1011.62(1)(a), Florida Statutes. STORAGE NAME: h5101.APC PAGE: 3
DATE: 3/24/2023
4
th
Calculation is completed upon receipt of school districts’ February FTE membership survey.
The April through June FEFP distributions are based on this calculation.
5
th
Calculation (also referred to as the final calculation) is completed upon receipt of school
districts’ June FTE membership survey. Prior year adjustments are completed in the following
fiscal year based on a comparison of this final calculation to the 4
th
calculation.
In addition to the 67 school districts, the Florida Virtual School
10
and the state’s developmental research
(laboratory) schools
11
are funded in the FEFP.
The FEFP is comprised of two main parts: (a) base FEFP funding and (b) categoricals.
The base FEFP funding is derived by multiplying the FTE in each program by the: (a) cost factor for
that program, (b) district cost differential, and (c) base student allocation.
12
Program cost factors assure that each program funded in the FEFP receives an equitable share of
funds in relation to its relative cost per student.
13
Through the annual cost report, school districts report
the expenditures for each program.
14
Multiplying the number of FTE students for a program by its cost
factor produces “weighted FTE.” This calculation weights the FTE to reflect the relative costs of the
programs, as represented by the program cost factors.
15
The commissioner is required to annually compute the DCD for each school district.
16
The DCD is
used to increase or decrease each school district’s base FEFP funding to reflect the relative cost of
hiring comparably qualified school personnel across Florida’s school districts. To calculate the DCD,
the Florida Price Level Index is used which is a comparable wage index. The calculation is based on
wage data for hundreds of occupations across Florida’s 67 counties collected by the Florida
Department of Economic Opportunity’s Bureau of Labor Market Statistics as part of the U.S. Bureau of
Labor Statistics’ Occupational Employment Statistics survey.
17
The base student allocation (BSA) for the FEFP is determined annually by the Legislature
18
and
represents the “base” or minimum amount of funds each student generates for the school district. For
the Fiscal Year 2022-2023 FEFP, the BSA is $4,587.40.
19
Based on the 3
rd
calculation of the Fiscal Year 2022-2023 FEFP, the total base FEFP funding is $15.0
billion.
The second main part of the FEFP is referred to as categoricals which are individual allocations
provided in the FEFP. There are two types of categoricals:
Categoricals that have either a district- or student-eligibility requirement in order for the school
district to receive the funds.
Categoricals that have a statutorily-established funding policy that directs how the funds must
be used.
There are 17 categoricals funded in the Fiscal Year 2022-2023 FEFP.
20
The following chart lists the
nine categoricals that have either a district- or student-eligibility requirement:
10
Section 1002.37(3), Florida Statutes.
11
Section 1002.32(9), Florida Statutes.
12
Section 1011.62(1)(s), Florida Statutes.
13
Section 1011.62(1)(c), Florida Statutes.
14
Supra, note 1.
15
Supra, note 1.
16
Section 1011.62(2), Florida Statutes.
17
The 2022 Florida Price Level Index, January 31,2023, Jim Dewey, Director of Economic Analysis, Florida Polytechnic University.
18
Section 1011.62(1)(b), Florida Statutes.
19
Supra, note 7.
20
Supra, note 7. STORAGE NAME: h5101.APC PAGE: 4
DATE: 3/24/2023
Categorical Statute Fiscal Year
Established
Eligibility Requirement
0.748 Mills Discretionary
Compression
s. 1011.62(5) 1999-2000 School districts that levy the full 0.748
mills but generate an amount per
unweighted FTE that is less than the state
average per unweighted FTE.
DJJ Supplemental
Allocation
s. 1011.62(9) 2007-2008 Students enrolled in a juvenile justice
education program.
ESE Guaranteed
Allocation
s. 1011.62(1)(e) 2000-2001 Students whose level of support is less
than Support Levels IV and V and
kindergarten through grade 8 gifted
students.
Federally-Connected
Student Supplement
s. 1011.62(10) 2015-2016 School districts eligible for the federal
Impact Aid program.
Funding Compression &
Hold Harmless
s. 1011.62(15) 2018-2019
21
School districts whose (a) funds per
unweighted FTE in the prior fiscal year
were less than the statewide average or
(b) DCD in the current year is less than
the prior year.
Sparsity Supplement s. 1011.62(7) 1975-1976 School districts with 30,000 or fewer FTE.
State-Funded
Discretionary Contribution
s. 1002.32(9)
s. 1002.37(3)(f)
1998-1999 Florida Virtual School and the six
developmental research schools in lieu of
the discretionary local tax revenue.
Student Transportation s. 1011.68 1981-1982 Student in kindergarten through grade 12,
migrant students, and students in
exceptional student programs below
kindergarten who are eligible to receive
transportation to school.
Turnaround Supplemental
Services Allocation
s. 1011.62(17) 2020-2021 District-managed turnaround schools
earning two consecutive grades of “D” or
“F”, district-managed turnaround schools
earning a grade of “C” or higher and are
no longer in turnaround status, and
schools that earn three consecutive
grades below a “C”.
Based on the 3
rd
calculation of the Fiscal Year 2022-2023 FEFP, the total for these nine categoricals is
$2.2 billion.
This second chart lists the remaining eight categoricals that are associated with a statutorily-
established funding policy:
Categorical Statute Fiscal Year
Established
Funding Policy
Class Size Reduction
Allocation
s. 1003.03 2003-04 Funds provided to assist school districts to
maintain required class size maximums.
Instructional Materials s. 1011.67 1978-1979 Funds provided to purchase instructional
materials to include library media
materials, science lab materials and
supplies, dual enrollment instructional
materials, and digital instructional
materials for students with disabilities.
Mental Health Assistance
Allocation
s. 1011.62(13) 2018-2019 Funds provided to assist school districts to
establish or expand school-based mental
health care.
Reading Instruction
Allocation
s. 1011.62(8) 2004-2005 Funds provided to implement
comprehensive system of reading
instruction for students enrolled in
21
Section 6 of the Fiscal Year 2018-2019 Implementing Bill, chapter 2022-156, Laws of Florida, extends the repeal date from July 1,
2022 to July 1, 2023. STORAGE NAME: h5101.APC PAGE: 5
DATE: 3/24/2023
Categorical Statute Fiscal Year
Established
Funding Policy
prekindergarten through grade 12
programs and certain students who exhibit
a substantial deficiency in early literacy.
Safe Schools Allocation s. 1011.62(12) 1981-1982 Funds provided to assist school districts in
compliance with ss. 1006.07 through
1006.12, F.S., with priority given to
establishing a school resource officer
program pursuant to s. 1006.12, F.S.
Supplemental Academic
Instruction
s. 1011.62(1)(f) 1999-2000 Funds provided to school districts as
follows: (a) school districts with schools
earning a “D” or “F” grade must use to
implement intervention and support
strategies for school improvement and for
salary incentives. For all other schools,
funds used for reading instruction,
modified curriculum, after-school
instruction, tutoring, mentoring, class size
reduction, extended school year
instruction, summer instruction, dropout
prevention programs and other methods of
improving student achievement or
instruction provided during or beyond the
180-day school year.
Teacher Salary Increase
Allocation
s. 1011.62(14) 2019-2020 Funds provided to maintain salary
increases previously provided with new
funds considered a growth allocation to be
used for salary increases in Fiscal Year
2022-2023.
Teacher Classroom
Supply Assistance
Program
s. 1012.71 1998-1999 Funds provided to eligible full-time
classroom teachers to purchase
classroom instructional materials and
supplies for use in teaching students.
Based on the 3
rd
calculation of the Fiscal Year 2022-2023 FEFP, the total amount for these eight
categoricals is $5.2 billion.
Effect of the Bill
The bill renames the DCD as the comparable wage factor (CWF) and modifies its application by
authorizing the use of the CWF in the calculation of the base FEFP funding only when a school district’s
CWF is greater than 1.000. The bill also authorizes the application of the modified adjustment to any
categorical provided in the FEFP that has a calculation methodology that includes the CWF.
The bill makes the following changes to the categoricals currently funded in the FEFP:
Categorical Change
Funding Compression & Hold Harmless
22
Does not extend repeal date.
Sparsity Supplement Repeals categorical.
Turnaround Supplemental Services Allocation Repeals categorical but incorporates the
eligible uses of this categorical in the
modified Supplemental Academic Instruction
categorical.
22
Supra, note 21. STORAGE NAME: h5101.APC PAGE: 6
DATE: 3/24/2023
Categorical Change
Instructional Materials Allocation Repeals categorical but the underlying
funding policies are retained.
Mental Health Assistance Allocation Repeals categorical but creates a new
section of law that includes the original
underlying funding policy.
Reading Instruction Allocation Repeals categorical but creates a new
section of law that includes the original
underlying funding policy.
Safe Schools Allocation Repeals categorical but the underlying
funding policies are retained.
Teacher Salary Increase Allocation Repeals categorical but retains the
requirement of $47,500 as the minimum
base salary for full-time classroom teachers.
Teacher Classroom Supply Assistance Program Deletes the inclusion of the categorical in the
FEFP and modifies the underlying funding
policy to: (a) authorize the DOE to
administer a competitive procurement
through which eligible classroom teachers
may purchase classroom materials and
supplies; and (b) require if a school does not
have a school advisory council, that any
unused funds be expended for classroom
materials and supplies as determined by the
school principal.
DJJ Supplement Allocation Retains categorical and modifies the eligible
uses of categorical funding to include
23
: (a)
payment for the high school equivalency
exam fees for juvenile justice students who
pass the high school equivalency exam
while in a juvenile justice education program,
b) industry credentialing testing fees, and (c)
costs associated with juvenile justice
students enrolled in career and technical
education courses that lead to industry-
recognized certifications.
ESE Guaranteed Allocation Retains categorical and establishes a
calculation methodology.
State-Funded Discretionary Contribution Retains categorical and codifies the
calculation methodology.
Supplemental Academic Instruction Renames categorical as the Supplemental
Academic and Support Services categorical
and modifies: (a) the eligible uses of the
categorical to include the uses included in
the Turnaround Supplemental Services
Allocation; and (b) the calculation
methodology for the categorical.
State-Funded Discretionary Supplement Creates new categorical and establishes its
calculation methodology.
Federally Connected Student Supplement No changes.
Student Transportation No changes.
0.748 Mills Discretionary Compression No changes.
Class Size Reduction No changes.
Group Two Education Programs
23
These eligible uses have previously been included in proviso associated with the DJJ Supplement Allocation. STORAGE NAME: h5101.APC PAGE: 7
DATE: 3/24/2023
Present Situation
There are seven education programs for purposes of determining funding in the FEFP:
24
(1) Basic Programs:
o Kindergarten and Grades 1 – 3.
o Grades 4 – 8.
o Grades 9 – 12.
(2) Programs for Exceptional Student Education (ESE):
o Support Level IV.
o Support Level V.
(3) Secondary Career Education Programs.
(4) English for Speakers of Other Languages (ESOL).
As part of its calculation of each school district’s maximum total weighted FTE student enrollment,
current law establishes separate enrollment ceilings for each of the two program groups:
25
Group 1 – is comprised of basic programs for grades K - 3, grades 4 - 8 and grades 9 – 12.
Group 2 – is comprised of students in ESE programs Support Levels IV and V, ESOL, and
secondary career education programs.
For any calculation of the FEFP, the enrollment ceiling for Group 1 is the actual enrollment for each
education program in the program group multiplied by its appropriate program cost factor.
26
The result
is that there is no “cap” for Group 1 FTE.
However, the enrollment ceiling for Group 2 programs is established based on each school district’s
appropriated number of FTE in each program. For purposes of funding in the FEFP, the appropriated
FTE in each education program is multiplied by the program’s cost factor and the resulting weighted
FTE, aggregated by the program group, is the Group 2 ceiling. After actual FTE is reported in
subsequent FTE surveys, Group 2 FTE in excess of the enrollment ceiling receive a program cost
factor of 1.0. A statewide “cap” of 385,530.20 weighted FTE was set for the Group 2 enrollment ceiling
for Fiscal Year 2022-2023.
27
Effect of the Bill
The bill repeals the statutory requirement that the Group 2 ceiling is set at the appropriated number of
Group 2 FTE.
Family Empowerment Scholarship Program
Present Situation
The Family Empowerment Scholarship (FES) program provides children of families in Florida with
educational options to achieve success in their education, including children of families with limited
financial resources, children of law enforcement and military families, and children with disabilities.
28
The FES program includes two types of scholarships with one assisting eligible students to pay for the
tuition and fees associated with attendance at a private school or transportation to another public
school (FES-Educational Options or EO), and the other providing access to additional education
options for a students with a qualifying disability by covering the cost of a variety of approved items,
24
Section 1011.62(1)(c), Florida Statutes.
25
Section 1011.62(1)(d), Florida Statutes.
26
Id.
27
Supra, note 1.
28
Section 1002.394, Florida Statutes, See also Rule 6A-6.0952, F.A.C. STORAGE NAME: h5101.APC PAGE: 8
DATE: 3/24/2023
including: contracted services, curriculum, instructional materials, tutoring, specified education
programs and specialized services (FES-Unique Abilities or UA).
29
Each type of scholarship has
certain student eligibility requirements, program requirements, award calculation methodologies, and
allowable expenditures.
30
FES-EO Eligibility
A student is eligible for a scholarship to attend private school if the student meets the following
criteria:
31
The student is on the direct certification list (list of children who qualify for the food assistance
program, the Temporary Assistance to Needy Families Program, or the Food Distribution on
Indian Reservations program) or the student’s household income level does not exceed 185
percent of the federal poverty level (FPL) ($51,337.50
32
for a family of four) for the 2022-2023
school year;
The student is currently placed, or during the previous state fiscal year was placed, in foster
care or in out-of-home care;
The student’s household income level does not exceed an adjusted maximum percent of the
FPL, which is set at 400 percent of the FPL ($111,000
33
for a family of four) for the 2022-2023
school year;
34
The student is a sibling of a student who is participating in the FES-EO and the siblings reside in
the same household;
The student is a dependent child of a member of the United States Armed Forces, including a
reservist;
35
or
The student is a dependent child of a law enforcement officer.
The FES-EO eligibility continues for a student receiving a scholarship to attend private school until the
student returns to a public school, graduates from high school, or turns 21 years old, whichever occurs
first, regardless if the student’s household income exceeds the federal poverty level cap in subsequent
years.
36
FES-EO Scholarship Amount
The FES-EO scholarship program is funded through the FEFP with a scholarship awarded by a
scholarship-funding organization (SFO).
37
The amount of the scholarship is either the calculated
amount or the amount of the private school’s tuition and fees, whichever is less. The calculated
amount is based upon the grade level and school district in which the scholarship student was
assigned. The amount is equal to 100 percent of the funds per unweighted FTE in the FEFP for a
student in the basic program plus a per-FTE share of all categorical funds, except for the ESE
29
Section 1002.394(3)(a) and (3)(b), Florida Statutes. The John M. McKay Scholarship for Students with Disabilities Program and the
Gardiner Scholarship Program were previously offered as two separate scholarships for students with disabilities before the programs
were consolidated under the FES-UA. The Gardiner Scholarship was repealed effective July 1, 2021, s. 2, ch. 2021-27 Laws of
Florida. The McKay Scholarship was repealed effective July 1, 2022, s. 3, ch. 2021-27, Laws of Florida.
30
Supra, note 28.
31
Section 1002.394(3)(a)1.- 6., Florida Statutes.
32
Step Up for Students, 2022-2023 Family Empowerment Scholarship for Educational Options Parent Handbook (July 2022), at 3,
available at https://www.stepupforstudents.org/wp-content/uploads/2022-2023-FES-EO-Parent-Handbook-Final-Draft.pdf.
33
Id.
34
Section 1002.394(3)(a)3., Florida Statutes. The Federal Poverty Level may be increased by 25 percentage points in the fiscal year
following a fiscal year in which more than 5 percent of the allowable scholarships have not been funded. The eligibility for the 2021-
2022 school year was set at 375 percent of the FPL.
35
A member of the United States Armed Forces means a member of the Army, Navy, Air Force, Coast Guard, Marine Corps, or Space
Force, including a Reservist. Rule 6A-6.0952(2)(f), F.A.C.
36
Section 1002.394(5)(a), Florida Statutes.
37
Section 1002.394(8)(a)2., (11)(a)1., (11)(b)1., and (12)(a), Florida Statutes. The Department of Education must notify the SFO that
scholarships may not be awarded in a school district in which the scholarship award will exceed 99 percent of the school district’s
share of the state FEFP funds as calculated by the department. Section 1002.394(8)(a)13., Florida Statutes. STORAGE NAME: h5101.APC PAGE: 9
DATE: 3/24/2023
Guaranteed Allocation, as funded in the General Appropriations Act (GAA).
38
The DOE determines the
calculated amount of the scholarship, by grade level, per school district and cross-checks scholarship
students with public school enrollment to avoid duplication.
39
Upon receiving documentation which verifies a student’s participation in the scholarship from the SFO,
the DOE must transfer scholarship funds to the SFO for disbursement to parents of participating FES-
EO students.
40
Initial scholarship payments are made after the SFO verifies the student’s admission
acceptance to an eligible private school, with all subsequent scholarship payments occurring upon
verification of continued enrollment and attendance at the private school.
41
Upon completion of the FTE membership surveys, the calculated amount of the scholarship is not
recalculated when the FEFP is recalculated; rather the calculated scholarship amount is based upon
the 1
st
calculation (GAA conference report) of the FEFP and is continued throughout the fiscal year.
FES-EO Scholarships Funded
For the 2019-2020 school year, a maximum program capacity for FES-EO scholarships was
established at 18,000 students. Beginning in Fiscal Year 2020-2021, the maximum number of students
participating in the scholarship program increases by one percent of the state’s total kindergarten
through grade 12 FTE student membership each year.
42
Beginning with Fiscal Year 2021-2022, the
following types of students are excluded from counting against the maximum program cap:
43
Students who are a dependent child of a law enforcement officer or a member of the United
States Armed Forces, a foster child, or an adopted child; or
Students who meet the eligibility requirements of being on the direct certification list or meet
household income requirements or students placed in foster care or out-of-home care and either
spent the prior school year in attendance at a Florida public school, or beginning in Fiscal Year
2022-2023, is eligible to enroll in kindergarten.
The following chart shows the number of FES-EO scholarships funded since its establishment in Fiscal
Year 2019-2020:
Fiscal Year Authorized
Maximum Cap
Total Funded &
Included in the
Cap
Total Funded
& Excluded
from Cap
Total
Scholarships
Funded
2019-2020 18,000 17,820 N/A 17,820
2020-2021 46,889 34,426 N/A 34,426
2021-2022 75,573 53,495 24,226 77,721
2022-2023
(Thru Nov)
104,807 49,789 38,262 88,051
Data Source – Florida Department of Education
FES-UA Eligibility
A parent of a student with a disability may request and receive a scholarship for the purpose of
accessing additional education options if the student:
44
Is a resident of this state;
38
Section 1002.394(12)(a)2., Florida Statutes. See also Step Up For Students, Income-Based Scholarship Programs Basic
Scholarship Amounts for 2022-23, available at https://www.stepupforstudents.org/wp-content/uploads/Step-Up-For-Students_Income-
Based-Scholarship-Amounts.pdf.
39
Id.
40
Section 1002.394(12)(a)5., F.S. Scholarship payments are made to the SFO on or before September 1, November 1, February 1, and
April 1 of each year. Rule 6A-6.0952, F.A.C.
41
Section 1002.394(12)(a)6., Florida Statutes.
42
Section 1002.394(12)(a)1., Florida Statutes.
43
Section 1002.394(12)(a)1.a.-b., Florida Statutes.
44
Section 1002.394(3)(b), Florida Statutes. STORAGE NAME: h5101.APC PAGE: 10
DATE: 3/24/2023
Is 3 or 4 years of age on or before September 1 of the year in which the student applies for
program participation or is eligible to enroll in kindergarten through grade 12 in a public school
in this state;
Has a qualifying disability as defined in s. 1002.394(2), Florida Statutes; and
Is the subject of an Individual Education Plan (IEP) written in accordance with rules of the State
Board of Education or with the applicable rules of another state or has received a diagnosis of a
disability from a physician who is licensed under chapter 458 or chapter 459, a psychologist
who is licensed under chapter 490, or a physician who holds an active license issued by another
state or territory of the United States, the District of Columbia, or the Commonwealth of Puerto
Rico.
FES-UA Scholarship Amount
The FES-UA scholarship program is also funded through the FEFP with a scholarship awarded by a
SFO. For a student who has a Level I to Level III matrix of services or a diagnosis by a physician or
psychologist, the calculated scholarship amount must be based on the grade level and school district in
which the student would have been enrolled. The amount is equal to the total funds per unweighted
FTE in the FEFP for a student in the basic exceptional student education program plus a per-FTE share
of all categorical funds as funded in the GAA, except that for the ESE guaranteed allocation, the funds
must be allocated based on the school district’s average ESE guaranteed allocation funds per ESE full-
time equivalent student.
45
For a student with a Support Level IV or Support Level V matrix of services, the calculated amount
must be based upon the school district to which the student would have been assigned as the total
funds per FTE for the Level IV or Level V ESE program, plus a per-FTE share of all categorical funds
as funded in the GAA.
46
For a student who received a Gardiner Scholarship or a John M. McKay Scholarship in the 2020-2021
school year, the amount shall be the greater of the calculated amount or the amount the student
received for the 2020-2021 school year.
47
FES-UA Scholarships Funded
For the 2021-2022 school year, a maximum program capacity for FES-UA scholarships was
established at 20,000 students. For the 2022-2023 school year, the maximum number of FES-UA
scholarships is established at 26,500 students.
48
Beginning with the 2023-2024 school year, and
annually thereafter, the maximum number of students participating in the scholarship program annually
increases by one percent of the state’s total exceptional student education full-time equivalent student
membership, not including gifted students.
49
The maximum program capacity does not include the following students who are excluded:
50
Students who received specialized instructional services under the Voluntary Prekindergarten
Education Program during the previous school year;
Students who are a dependent child of a law enforcement officer or a member of the United
States Armed Forces, a foster child, or an adopted child; or
Students who spent the prior school year in attendance at a Florida public school or received a
McKay Scholarship in the 2021-2022 school year.
FES-UA Scholarships Funded
51
45
Section 1002.394(12)(b)2., Florida Statutes.
46
Section 1002.394(12)(b)3., Florida Statutes.
47
Section 1002.394(12)(b)4.-5., Florida Statutes.
48
Section 1002.394(12)(b)1., F.S.
49
Section 1002.394(12)(b)1., F.S.
50
Section 1002.394(12)(b)1.a.-c., F.S. See also Florida Department of Education, State Board of Education August 18, 2021 Agenda,
Family Empowerment Scholarship Program Presentation, at 5, available at https://www.fldoe.org/core/fileparse.php/19998/urlt/6-
3.pdf. STORAGE NAME: h5101.APC PAGE: 11
DATE: 3/24/2023
Fiscal Year Authorized
Maximum Cap
Total Funded &
Included in the
Cap
Total Funded
& Excluded
from Cap
Total
Scholarships
Funded
2021-2022 20,000 20,219 5,967 26,186
2022-2023
(Thru Nov)
26,500 26,478 44,040 70,518
Funding Family Empowerment Scholarships in the FEFP
For both the FES-EO and FES-UA scholarships, the SFO must provide to the DOE the documentation
necessary to verify the student’s eligible participation in the scholarship program.
52
For the FES-EO scholarship program, the DOE transfers, from state FEFP funds only, the amount of
the scholarship to the SFO for quarterly disbursement to parents of participating students each school
year in which the scholarship is in force. When a student enters the scholarship program, the SFO
must receive all documentation required for the student’s participation, including the private school’s
and the student’s fee schedule, at least 30 days before the first quarterly scholarship payment is made
for the student.
53
For the FES-UA scholarship program, the DOE releases, from state FEFP funds only, the student’s
scholarship funds to the SFO, to be deposited into the student’s account in four equal amounts no later
than September 1, November 1, February 1, and April 1 of each school year in which the scholarship is
in force.
54
Effect of the Bill
The bill amends the calculation methodology of both the FES-EO and FES-UA scholarships as follows:
For the FES-EO scholarships, the calculated amount is based upon the grade level and school
district in which the student was assigned as 100 percent of the funds per unweighted FTE in
the FEFP for a student in the basic program established pursuant to s. 1011.62(1)(c)1., F.S.,
plus a per FTE share of funds for the 0.748 Discretionary Millage Compression Supplement,
State-Funded Discretionary Supplement, and the Supplemental Academic and Support
Services Allocation.
For a student who has a Level I to Level III matrix of services or a diagnosis by a physician or
psychologist, the calculated FES-UA scholarship amount is based upon the grade level and
school district in which the student would have been enrolled as the total funds per unweighted
FTE in the FEFP for a student in the basic exceptional student education program pursuant to s.
1011.62(1)(c) and (d), F.S., plus a per-FTE share of funds for the 0.748 Discretionary Millage
Compression Supplement, the State-Funded Discretionary Supplement, the Supplemental
Academic and Support Services Allocation, and the ESE Guaranteed Allocation.
For a student who has a Support Level IV or Support Level V matrix of services, the calculated
FES-UA scholarship amount is based upon the school district to which the student would have
been assigned as the total funds per-FTE for the Level IV or Level V exceptional student
education programs pursuant to s. 1011.62(1)(c)2.a.b., F.S., plus a per-FTE share of funds for
the 0.748 Discretionary Millage Compression Supplement, the State-Funded Discretionary
Supplement, and the Supplemental Academic and Support Services Allocation.
Other
51
The John M. McKay Scholarship for Students with Disabilities Program and the Gardiner Scholarship Program were previously
offered as two separate scholarships for students with disabilities before the programs were consolidated under the FES-UA. The
Gardiner Scholarship Program was repealed effective July 1, 2021, s. 2, ch. 2021-27, Laws of Florida. The John M. McKay
Scholarship Program was repealed effective July 1, 2022, s. 3, ch. 2021-27, Laws of Florida.
52
Sections 1002.394(12)(a)5., and 1002.394(12)(b)7., Florida Statutes.
53
Section 1002.394(12)(a)5., Florida Statutes.
54
Section 1002.394(12)(b)7., Florida Statutes. STORAGE NAME: h5101.APC PAGE: 12
DATE: 3/24/2023
Recruitment of Heroes Program
Subject to legislative appropriation, the bill requires the DOE to provide a one-time, sign-on bonus to
honorably discharged or retired military veterans and retired first responders as defined in s.
112.1815(1), F.S., who commit to joining the teaching profession as full-time classroom teachers. An
honorably discharged or retired military veteran or retired first responder may receive an additional
bonus for teaching a course in a high-demand teacher need area as identified by the DOE.
To be eligible to receive a sign-on bonus, the bill requires the applicant to provide the following to the
DOE:
Documentation of his or her honorable discharge or retirement.
Documentation that he or she was not subject to any disciplinary action during the last 5 years
of his or her employment as a servicemember in the United States Armed Forces or as a first
responder. The term “disciplinary action” includes suspensions, dismissals, and involuntary
demotions that were associated with disciplinary actions.
A copy of his or her professional certificate or temporary certificate issues pursuant to s.
1012.56(7), F.S.
Documentation that he or she agrees to maintain employment with the school district or charter
school for a minimum of two consecutive school years upon receipt of the sign-on bonus. An
individual who accepts a sign-on bonus but fails to maintain his or her employment requirement
must reimburse the DOE to amount of the sign-on bonus in a manner prescribed by the DOE.
The bill assigns responsibilities to the DOE for purposes of distributing the sign-on bonuses.
A school district that employs an eligible honorably discharged or retired military veteran or retired first
responder must provide any necessary information requested by the DOE and notify the eligible
honorably discharged or retired military veteran or retired first responder that employment may impact
his or her pension from a previous employer.
The bill authorizes the State Board of Education to adopt rules to implement the sign-on bonus
program.
B. SECTION DIRECTORY:
Section 1. Amending s. 110.1228, F.S., conforming cross-reference.
Section 2. Amending s. 420.22, F.S., conforming cross-reference.
Section 3. Amending s. 1001.215, F.S., revising the duties of the Just Read, Florida! Office
Section 4. Amending s. 1001.26, F.S., requiring the DOE to provide funds to certain public colleges
and universities.
Section 5. Amending s. 1001.43, F.S., authorizing district school boards to adopt policies for an
enrollment fee for specified summer noncredit course and providing fee requirements.
Section 6. Amending s. 1002.32, F.S., revising the calculation methodology for funding in the FEFP
for developmental research schools to conform with changes made by the bill.
Section 7. Amending s. 1002.33, F.S., providing minimum base salary requirements for certain
charter school personnel.
Section 8. Amending s. 1002.37, F.S., revising the calculation methodology for funding in the FEFP
for the Florida Virtual School to conform to changes made by the bill.
Section 9. Amending s. 1002.394, F.S., revising the calculation methodology for funding in the
FEFP for the FES Program; requiring the DOE to report FES students for funding in the
FEFP; prohibiting FES students from being submitted for funding after a specified date;
and conforming provisions to change made by the bill. STORAGE NAME: h5101.APC PAGE: 13
DATE: 3/24/2023
Section 10. Amending s. 1002.45, F.S., conforming provisions and cross-references to changes
made by the bill.
Section 11. Amending s. 1002.59, F.S., conforming provision and cross-reference to changes made
by the bill.
Section 12. Amending s. 1002.71, F.S., conforming provision to changes made by the bill.
Section 13. Amending s. 1002.84, F.S., conforming provision to changes made by the bill.
Section 14. Amending s. 1002.89, F.S., conforming provision to changes made by the bill.
Section 15. Amending s. 1003.03, F.S., conforming provision to changes made by the bill.
Section 16. Creating s. 1003.4201, F.S., requiring school districts to implement a system of
comprehensive reading instruction for specified students that includes a specified plan;
providing plan requirements; providing school district and the DOE requirements; and
defining the term “evidence-based”.
Section 17. Amending s. 1003.4203, F.S., conforming cross-references to changes made by the bill.
Section 18. Amending s. 1003.485, F.S., conforming cross-references to changes made by the bill.
Section 19. Amending s. 1003.4935, F.S., conforming cross-reference to changes made by the bill.
Section 20. Amending s. 1003.621, F.S., conforming provisions and cross-reference to changes
made by the bill.
Section 21. Amending s. 1004.935, F.S., conforming provision to changes made by the bill.
Section 22. Creating s. 1006.041, F.S., requiring school districts to implement a school-based
mental health assistance program for specified students that includes a specified plan;
and providing plan and school district requirements.
Section 23. Amending s. 1006.07, F.S., conforming provision and cross-reference to changes made
by the bill.
Section 24. Amending s. 1006.12, F.S., revising provisions relating to the provision of safe school
officers; conforming provisions to changes made by the bill.
Section 25. Amending s. 1006.1493, F.S., requiring school districts to annually report specified
information relating to the Florida Safe Schools Assessment Tool to the Office of Safe
Schools.
Section 26. Amending s. 1006.28, F.S., requiring district school superintendents to annually certify to
the Commissioner of Education that their district school boards have approved a
comprehensive staff development plans; exempting certain instructional materials from
specified procedures; and conforming cross-references.
Section 27. Amending s. 1006.40, F.S., revising requirements for the instructional materials
allocation and the purchase of instruction materials; and conforming provisions to
changes made by the bill.
Section 28. Amending s. 1007.271, F.S., requiring school districts to pay for the cost of dual
enrollment instructional materials for public high school students who are earning credit
toward high school graduation; and conforming cross-references.
Section 29. Amending s. 1008.25, F.S., conforming provisions and cross-references to changes
made by the bill.
Section 30. Amending s. 1008.345, F.S., conforming provision and cross reference to changes made
by the bill.
Section 31. Amending s. 1008.365 F.S., revising requirements for the Reading Achievement
Initiative for Scholastic Excellence Program; and conforming cross-references.
Section 32. Amending s. 1008.44, F.S., conforming cross-references.
Section 33. Amending s. 1010.20, F.S., conforming cross-references. STORAGE NAME: h5101.APC PAGE: 14
DATE: 3/24/2023
Section 34. Amending s. 1011.60, F.S., providing minimum base salary requirements for certain
classroom teachers.
Section 35. Amending s. 1011.61, F.S., revising the definition of the FEFP; and conforming cross-
references.
Section 36. Amending s. 1011.62, F.S., revising provisions relating to the FEFP; revising the
calculation of the annual allocation to each school district and the funding model for the
exceptional student education programs; renaming the “district cost differential” as the
“comparable wage factor” and revising when the factor is applied; creating the state-
funded discretionary contribution and establishing the calculation methodology for the
contribution; creating the supplemental academic and support services allocation and
the exceptional student education guaranteed allocation and providing for the calculation
of each allocation; repealing the determination of sparsity supplement, evidence-based
reading instruction, safe schools allocation, mental health assistance allocation, and
teacher salary increase allocation; modifying the eligible uses of the calculation of
supplemental allocation for juvenile justice education programs; modifying the
categorical funds that a school district may uses to maintain school board-specified
academic classroom instruction or improve school safety; creating the state-funded
discretionary supplement and providing for the calculation of the supplement; and
conforming provisions and cross-references to changes made by the bill.
Section 37. Amending s. 1011.622, F.S., conforming a cross-reference to changes made by the bill.
Section 38. Repealing s. 1011.67, F.S., relating to instructional materials.
Section 39. Amending s. 1011.68, F.S., conforming a cross-reference to changes made by the bill.
Section 40. Amending s. 1011.69, F.S., conforming provision to changes made by the bill.
Section 41. Amending s. 1011.71, F.S., conforming a cross-reference to changes made by the bill.
Section 42. Amending s. 1011.84, F.S., conforming provisions and cross-reference to changes made
by the bill.
Section 43. Amending s. 1012.22, F.S., conforming provision and cross-reference to changes made
by the bill.
Section 44. Amending s. 1012.44, F.S., conforming provision and cross-reference to changes made
by the bill.
Section 45. Amending s. 1012.584, F.S., conforming provision and cross-reference to changes
made by the bill.
Section 46. Amending s. 1012.586, F.S., conforming a cross-reference to changes made by the bill.
Section 47. Amending s. 1012.71, F.S., revising provisions for the calculation of Florida Teachers
Classroom Supply Assistance Program funds; deleting provisions relating to the
distribution of program funds; requiring the DOE to administer a competitive
procurement through which eligible classroom teachers may purchase classroom
materials and supplies; requiring school district to provide certain information to the DOE
annually by a specified date; deleting a requirement that classroom teachers sign a
specified statement; and revising requirements for unused funds.
Section 48. Creating s. 1012.715, F.S., requiring the DOE to provide a one-time sign-on bonus to
honorably discharged and retired military veterans and retired first responders who join
the teaching profession; providing eligibility criteria; providing for an additional bonus
under certain circumstances; providing the DOE and school district responsibilities; and
authorizing the State Board of Education to adopt rules.
Section 49. Providing an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
STORAGE NAME: h5101.APC PAGE: 15
DATE: 3/24/2023
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill conforms statutes to the FEFP proposed by the House of Representatives for Fiscal Year
2023-2024 which includes:
$2.1 billion increase in total FEFP funding;
$823.9 million in state FEFP funding;
$805.7 million in new funds for the base FEFP funding in addition to the $1.8 billion
transferred from nine categoricals to the base FEFP funding;
$760.76 increase in the BSA; and
$459.11 increase in the statewide average funds per student.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill provides the State Board of Education with rule-making authority for the one-time, sign-on
bonus program established in Section 48 of the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.