The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Appropriations Committee
BILL: HB 5101
INTRODUCER: House PreK-12 Appropriations Subcommittee and Representative Tomkow
SUBJECT: Education
DATE: April 24, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Gray Sadberry AP Fav/1 Amendment
Please see Section IX. for Additional Information:
AMENDMENTS - Significant amendments were recommended
I. Summary:
HB 5101 conforms law to the appropriations provided in HB 5001, the House General
Appropriations Act 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:
o Exceptional Student Education (ESE) Support Level IV;
o ESE Support Level V;
o English for Speakers of Other Languages (ESOL); and
o 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.
REVISED: 4/27/23 BILL: HB 5101 Page 2
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.
Creates the State-Funded Discretionary Supplement and establishes its calculation
methodology.
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.
II. Present Situation:
The Present Situation is presented under Section III, Effect of Proposed Changes.
III. Effect of Proposed Changes:
Florida Education Finance Program (FEFP)
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:
Individual educational needs of students.
Local property tax base.
Costs of educational programs.
District cost differentials (DCD).
Sparsity of student population.
State FEFP revenues are derived from the following three sources: BILL: HB 5101 Page 3
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.
1
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.
2
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).
In addition to the RLE millage, each school district is authorized to levy a nonvoted current
operating discretionary millage. The Legislature annually prescribes in the GAA the maximum
amount of millage a school may levy.
3
For Fiscal Year 2022-2023, the Legislature prescribed
0.748 as the maximum millage rate.
4
The DOE is required to distribute state FEFP funds to school districts on or about the 10
th
and
26
th
of each month.
5
For purposes of this distribution, the FEFP is calculated five times
throughout the year as follows:
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.
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.
6
1
Florida Department of Education, 2022-23 Funding for Florida School Districts, available at
https://www.fldoe.org/core/fileparse.php/7507/urlt/fefpdist.pdf at 6.
2
Section 1011.71(1), Florida Statutes.
3
Section 1011.62, Florida Statutes.
4
Fiscal Year 2022-2023 General Appropriations Act, chapter 2022-156, Laws of Florida.
5
Section 1011.66, Florida Statutes.
6
Florida Department of Education, 2022-23 Funding for Florida School Districts, available at
https://www.fldoe.org/core/fileparse.php/7507/urlt/fefpdist.pdf at 28. BILL: HB 5101 Page 4
In addition to the 67 school districts, the Florida Virtual School
7
and the state’s developmental
research (laboratory) schools
8
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.
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. Through the annual cost report, school districts
report the expenditures for each program. 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.
9
The commissioner is required to annually compute the DCD for each school district.
10
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.
11
The base student allocation (BSA) for the FEFP is determined annually by the Legislature
12
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.
13
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.
7
Section 1002.37(3), Florida Statutes.
8
Section 1002.32(9), Florida Statutes.
9
Section 1011.62, Florida Statutes.
10
Section 1011.62(2), Florida Statutes.
11
The 2022 Florida Price Level Index, January 31, 2023, Jim Dewey, Director of Economic Analysis, Florida Polytechnic
University.
12
Section 1011.62(1)(b), Florida Statutes.
13
Fiscal Year 2022-2023 General Appropriations Act, chapter 2022-156, Laws of Florida. BILL: HB 5101 Page 5
There are 17 categoricals funded in the Fiscal Year 2022-2023 FEFP.
14
The following chart lists
the nine categoricals that have either a district- or student-eligibility requirement:
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
15
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. 1002.37(3)(f)
s. 1002.32(9)
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”.
14
Section 1011.62(2), Florida Statutes.
15
Ch 2022-157, ss. 6, Laws of Fla, extends the repeal date from July 1, 2022 to July 1, 2023. BILL: HB 5101 Page 6
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 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.
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 BILL: HB 5101 Page 7
Categorical Change
include
16
: (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
Present Situation
There are seven education programs for purposes of determining funding in the FEFP:
Basic Programs:
o Kindergarten and Grades 1 – 3.
o Grades 4 – 8.
o Grades 9 – 12.
Programs for Exceptional Student Education (ESE):
o Support Level IV.
o Support Level V.
Secondary Career Education Programs.
English for Speakers of Other Languages (ESOL).
17
16
These eligible uses have previously been included in proviso associated with the DJJ Supplement Allocation.
17
Section 1011.62(1)(c), F.S. BILL: HB 5101 Page 8
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:
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.
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.
18
A statewide “cap” of 385,530.20 weighted FTE
was set for the Group 2 enrollment ceiling for Fiscal Year 2022-2023.
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 armed forces families, and
children with disabilities. 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, including: contracted services, curriculum,
instructional materials, tutoring, specified education programs and specialized services (FES-
Unique Abilities or UA). Each type of scholarship has certain student eligibility requirements,
program requirements, award calculation methodologies, and allowable expenditures.
19
18
Section 1011.62(1)(d), F.S.
19
Section 1002.394, F.S. See also Rule 6A-6.0952, F.A.C. 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. BILL: HB 5101 Page 9
FES-EO Eligibility
A student is eligible for a scholarship to attend private school if the student meets the following
criteria:
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
20
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
21
for a family of four) for the 2022-
2023 school year;
22
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;
23
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.
24
FES-EO Scholarship Amount
The FES-EO scholarship program is funded through the FEFP with a scholarship awarded by a
scholarship-funding organization (SFO).
25
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
20
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.
21
Id.
22
Section 1002.394(3)(a)3, F.S. 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.
23
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.
24
Section 1002.394, F.S.
25
Id. 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, F.S. BILL: HB 5101 Page 10
Guaranteed Allocation, as funded in the General Appropriations Act (GAA).
26
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.
27
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. 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.
28
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. Beginning with Fiscal Year
2021-2022, the following types of students are excluded from counting against the maximum
program cap:
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.
29
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
26
Section 1002.394(12)(a)2, F.S. 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.
27
Id.
28
Section 1002.394(12), 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.
29
Section 1002.394(12), F.S. BILL: HB 5101 Page 11
Fiscal Year Authorized
Maximum Cap
Total Funded &
Included in the
Cap
Total Funded
& Excluded
from Cap
Total
Scholarships
Funded
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:
Is a resident of this state;
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.
30
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.
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.
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.
30
Section 1002.394(3)(b), F.S. BILL: HB 5101 Page 12
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. 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.
31
The maximum program capacity does not include the following students who are excluded:
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.
32
FES-UA Scholarships Funded
33
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.
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.
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
31
Section 1002.394(12)(b), F.S.
32
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.
33
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. BILL: HB 5101 Page 13
amounts no later than September 1, November 1, February 1, and April 1 of each school year in
which the scholarship is in force.
34
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.
Recruitment of Heroes Program
Effect of the Bill
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
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Section 1002.394(12), F.S. BILL: HB 5101 Page 14
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. The bill takes effect on July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None. BILL: HB 5101 Page 15
B. Private Sector Impact:
None.
C. Government Sector Impact:
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.
VI. Technical Deficiencies:
None.
VII. Related Issues:
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.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 110.1228, 420.22,
1001.215, 1001.26, 1001.43, 1002.32, 1002.33, 1002.37, 1002.394, 1002.45, 1002.59, 1002.71,
1002.84, 1002.89, 1003.03, 1003.4201, 1003.4203, 1003.485, 1003.4935, 1003.621, 1004.935,
1006.041, 1006.07, 1006.12, 1006.1493, 1006.28, 1006.40, 1007.271, 1008.25, 1008.345,
1008.365, 1008.44, 1010.20, 1011.60, 1011.61, 1011.62, 1011.622, 1011.67, 1011.68, 1011.69,
1011.71, 1011.84, 1012.22, 1012.44, 1012.584, 1012.586, 1012.71, and 1012.715.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
Barcode 825760 by Appropriations on April 25, 2023:
The amendment removes from the bill:
All conforming changes relating to the CAPE (Digital Materials, Digital Tool
Certificates, CAPE Industry Certification Funding List).
The deletion of the Safe Schools and Mental Health Allocations, and retains such
allocations as a categorical in the FEFP, but makes some revisions to such
allocations. BILL: HB 5101 Page 16
The amendment modifies the bill as follows:
Replaces the Supplemental Academic Instruction Allocation with the Educational
Enrichment Allocation, incorporating the turnaround provisions into this section.
Incorporates the Other Instructional Personnel into the Teacher Salary Increase funds
allowing legislature to apportion an amount of funds to assist with minimum salary
for full-time classroom teachers.
Requires the newly added State-Funded Discretionary to be recalculated during the
fiscal year, rather than it may not be recalculated.
The amendment adds to the bill:
The creation of the Educational Stabilization Program, to provide supplemental state
funds as needed to protect school districts, including charter schools from financial
instability as a result of changes in full-time equivalent student enrollment (FTE)
throughout the year.
The creation of the Small District Factor, replacing the current sparsity funding.
An adjustment for program cost factors, requiring secondary career education
programs must be greater than the cost factor for basic programs in grade 9 through
12.
Flexibility for districts to provide salary incentives to instructional personnel who are
assigned to “D” or “F” schools.
Definition of Library Media Center
Creation of The Florida School for Academics.
Revisions to the number of out-of-district students that can be served in a districts
virtual program.
Expands the incentives to school readiness personnel possessing a reading
certification or endorsement or a literacy micro-credential to include those who work
in a child care or early learning setting.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.