Florida 2024 Regular Session

Florida House Bill H1403 Compare Versions

Version 1 (Old)

Version 2 (New)

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2		-	~~ENROLLED~~
3		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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10	10		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
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12	12
13	13
14		-	1
	14	+	A bill to be entitled 1
15	15		An act relating to school choice; amending s. 2
16	16		212.1832, F.S.; providing definitions; expanding the 3
17	17		credit contributions for eligible nonprofit 4
18	18		scholarship-funding organizations; providing 5
19	19		requirements for such contributions; providing 6
20	20		requirements for deal ers, designated agents, private 7
21	21		tag agents, and such organizations relating to such 8
22	22		contributions; providing criminal penalties; requiring 9
23	23		persons convicted of specified offenses to make 10
24	24		restitutions to certain eligible nonprofit 11
25	25		scholarship-funding organizations; requiring the 12
26	26		Department of Revenue to notify such organizations of 13
27	27		specified dealer information under certain 14
28	28		circumstances; providing penalties for certain 15
29	29		dealers, designated agents, private tag agents, and 16
30	30		such organizations; amending s. 213.0 53, F.S.; 17
31	31		conforming cross-references to changes made by the 18
32	32		act; amending s. 1002.394, F.S.; revising eligibility 19
33	33		requirements for the Family Empowerment Scholarship 20
34	34		Program; providing that transition services are a 21
35	35		coordinated set of specified activities ; authorizing 22
36	36		funds to be used for certain prekindergarten programs; 23
37	37		providing additional criteria for the closure of 24
38	38		scholarship accounts and the reversion of funds to the 25
39		-	~~ENROLLED~~
40		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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47	47		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
48	48
49	49
50	50
51	51		state; prohibiting certain eligible students from 26
52	52		enrolling in public schools; prov iding an exemption to 27
53	53		a prohibition against receiving other educational 28
54	54		scholarships; revising the information that such 29
55	55		organizations must include in their quarterly reports; 30
56	56		authorizing the Department of Education to provide 31
57	57		guidance to certain private s chools; revising the 32
58	58		documentation that private schools must provide to 33
59	59		such organizations; revising the process for parents 34
60	60		to provide certain notification to such organizations; 35
61	61		prohibiting a parent from applying for multiple 36
62	62		scholarships under specified programs for a single 37
63	63		student at the same time; requiring such organizations 38
64	64		to establish certain processes; requiring such 39
65	65		organizations to submit specified information to the 40
66	66		department; deleting a requirement that certain 41
67	67		students be placed on a wait l ist; requiring such 42
68	68		organizations to provide certain notification to 43
69	69		parents; revising provisions relating to a specified 44
70	70		administrative fee; revising provisions relating to 45
71	71		increasing the number of certain scholarships; 46
72	72		revising provisions relating to the payment and 47
73	73		disbursement of funds; amending s. 1002.395, F.S.; 48
74	74		revising eligibility requirements for the Florida Tax 49
75	75		Credit Scholarship Program; prohibiting certain 50
76		-	~~ENROLLED~~
77		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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84	84		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
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86	86
87	87
88	88		eligible students from enrolling in public schools; 51
89	89		providing an exemption to a prohibitio n against 52
90	90		receiving other educational scholarships; revising the 53
91	91		process for parents to provide certain notification to 54
92	92		such organizations; prohibiting a parent from applying 55
93	93		for multiple scholarships under specified programs for 56
94	94		a single student at the sa me time; requiring such 57
95	95		organizations to establish certain processes; 58
96	96		requiring organizations to develop a purchasing 59
97	97		handbook by a specified date; specifying minimum 60
98	98		requirements for the handbook; requiring such 61
99	99		organizations to assist the Florida Center for 62
100	100		Students with Unique Abilities with the development of 63
101	101		specified guidelines and to publish such guidelines on 64
102	102		their websites; authorizing the State Board of 65
103	103		Education to assess a financial penalty to an 66
104	104		organization in specified circumstances; revising 67
105	105		department notification requirements; revising the 68
106	106		information that such organizations must include in 69
107	107		their quarterly reports; revising provisions relating 70
108	108		to the payment and disbursement of funds; authorizing 71
109	109		a charitable organization to apply at any ti me to 72
110	110		participate in the program as a scholarship -funding 73
111	111		organization; requiring a renewing organization to 74
112	112		provide documentation of compliance with specified 75
113		-	~~ENROLLED~~
114		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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121	121		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
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124	124
125	125		requirements; amending s. 1002.40, F.S.; revising 76
126	126		requirements for the Hope Scholarship Program; 77
127	127		amending s. 1002.421, F.S.; revising requirements for 78
128	128		regular and direct contact for certain students; 79
129	129		amending s. 1002.45, F.S.; deleting a requirement that 80
130	130		virtual instruction program providers be nonsectarian; 81
131	131		amending s. 1003.4156, F.S.; providing tha t certain 82
132	132		requirements apply to middle grade students 83
133	133		transferring from a personalized education program; 84
134	134		amending s. 1003.4282, F.S.; providing that certain 85
135	135		requirements apply to high school students 86
136	136		transferring from a personalized education program; 87
137	137		amending s. 1003.485, F.S.; conforming cross -88
138	138		references to changes made by the act; amending s. 89
139	139		1004.6495, F.S.; requiring the Florida Center for 90
140	140		Students with Unique Abilities to develop specified 91
141	141		purchasing guidelines by a specified date and annually 92
142	142		revise such guidelines; providing requirements for the 93
143	143		development and revision of such guidelines; requiring 94
144	144		such guidelines to be provided to specified eligible 95
145	145		nonprofit scholarship -funding organizations; providing 96
146	146		effective dates. 97
147	147		98
148	148		Be It Enacted by the L egislature of the State of Florida: 99
149	149		100
150		-	~~ENROLLED~~
151		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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158	158		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
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162	162		Section 1. Section 212.1832, Florida Statutes, is amended 101
163	163		to read: 102
164	164		212.1832 Credit for contributions to eligible nonprofit 103
165	165		scholarship-funding organizations. — 104
166	166		(1) As used in this section, the term: 105
167	167		(a) "Designated agent" has the same meaning as in s. 106
168	168		212.06(10). 107
169	169		(b) "Eligible contribution" or "contribution" means a 108
170	170		monetary contribution from a person purchasing a motor vehicle, 109
171	171		subject to the restrictions provided in this section, to an 110
172	172		eligible nonprofit sch olarship-funding organization. The person 111
173	173		making the contribution may not designate a specific student as 112
174	174		the beneficiary of the contribution. 113
175	175		(c) "Eligible nonprofit scholarship -funding organization" 114
176	176		or "organization" has the same meaning as in s. 1002. 395(2). 115
177	177		(d) "Motor vehicle" has the same meaning as in s. 116
178	178		320.01(1)(a), but does not include a heavy truck, truck tractor, 117
179	179		trailer, or motorcycle. 118
180	180		(2)(1) The purchaser of a motor vehicle shall be granted a 119
181	181		credit of 100 percent of an eligible contribut ion made to an 120
182	182		eligible nonprofit scholarship -funding organization under this 121
183	183		section s. 1002.40 against any tax imposed by the state under 122
184	184		this chapter and collected from the purchaser by a dealer, 123
185	185		designated agent, or private tag agent as a result of the 124
186	186		purchase or acquisition of a motor vehicle, except that a credit 125
187		-	~~ENROLLED~~
188		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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195	195		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
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197	197
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199	199		may not exceed the tax that would otherwise be collected from 126
200	200		the purchaser by a dealer, designated agent, or private tag 127
201	201		agent. Each eligible contribution is limited to a single payment 128
202	202		of $105 per motor vehicle purchased at the time of purchase of a 129
203	203		motor vehicle or a single payment of $105 per motor vehicle 130
204	204		purchased at the time of registration of a motor vehicle that 131
205	205		was not purchased from a dealer, except that a contribution may 132
206	206		not exceed the state tax imposed under this chapter that would 133
207	207		otherwise be collected from the purchaser by a dealer, 134
208	208		designated agent, or private tag agent. Payments of 135
209	209		contributions shall be made to a dealer at the time of purchase 136
210	210		of a motor vehicle or to a des ignated agent or private tag agent 137
211	211		at the time of registration of a motor vehicle that was not 138
212	212		purchased from a dealer. An eligible contribution shall be 139
213	213		accompanied by a contribution election form provided by the 140
214	214		Department of Revenue. The form shall incl ude, at a minimum, the 141
215	215		following brief description of the Florida Tax Credit 142
216	216		Scholarship Program: "THE FLORIDA TAX CREDIT SCHOLARSHIP PROGRAM 143
217	217		PROVIDES A STUDENT THE OPPORTUNITY TO APPLY FOR A SCHOLARSHIP TO 144
218	218		ATTEND AN ELIGIBLE PRIVATE SCHOOL OR PERSONALIZE HIS OR HER 145
219	219		EDUCATION." The form shall also include, at a minimum, a section 146
220	220		allowing the consumer to designate, from all participating 147
221	221		scholarship-funding organizations, which organization will 148
222	222		receive his or her donation. For purposes of this subsection, 149
223	223		the term "purchase" does not include the lease or rental of a 150
224		-	~~ENROLLED~~
225		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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232	232		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
233	233
234	234
235	235
236	236		motor vehicle. 151
237	237		(3)(2) A dealer shall take a credit against any tax 152
238	238		imposed by the state under this chapter on the purchase of a 153
239	239		motor vehicle in an amount equal to the credit granted to the 154
240	240		purchaser under subsection (2) (1). 155
241	241		(a) A dealer, designated agent, or private tag agent 156
242	242		shall: 157
243	243		1. Provide the purchaser the contribution election form, 158
244	244		as provided by the department, at the time of purchase of a 159
245	245		motor vehicle or at the time of registrat ion of a motor vehicle 160
246	246		that was not purchased from a dealer. 161
247	247		2. Collect eligible contributions. 162
248	248		3. Using a form provided by the department, which shall 163
249	249		include the dealer's or agent's federal employer identification 164
250	250		number, remit to an organization no later than the date the 165
251	251		return filed pursuant to s. 212.11 is due the total amount of 166
252	252		contributions made to that organization and collected during the 167
253	253		preceding reporting period. Using the same form, the dealer or 168
254	254		agent shall also report this information t o the department no 169
255	255		later than the date the return filed pursuant to s. 212.11 is 170
256	256		due. 171
257	257		4. Report to the department on each return filed pursuant 172
258	258		to s. 212.11 the total amount of credits granted under this 173
259	259		section for the preceding reporting period. 174
260	260		(b) An eligible nonprofit scholarship -funding organization 175
261		-	~~ENROLLED~~
262		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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269	269		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
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273	273		shall report to the department, on or before the 20th day of 176
274	274		each month, the total amount of contributions received pursuant 177
275	275		to paragraph (a) in the preceding calendar month on a form 178
276	276		provided by the department. Such report shall include: 179
277	277		1. The federal employer identification number of each 180
278	278		designated agent, private tag agent, or dealer who remitted 181
279	279		contributions to the organization during that reporting period. 182
280	280		2. The amount of contributions rece ived from each 183
281	281		designated agent, private tag agent, or dealer during that 184
282	282		reporting period. 185
283	283		(c) A person who, with the intent to unlawfully deprive or 186
284	284		defraud the program of its moneys or the use or benefit thereof, 187
285	285		fails to remit a contribution collecte d under this section is 188
286	286		guilty of theft, punishable as follows: 189
287	287		1. If the total amount stolen is less than $300, the 190
288	288		offense is a misdemeanor of the second degree, punishable as 191
289	289		provided in s. 775.082 or s. 775.083. Upon a second conviction, 192
290	290		the offender commits a misdemeanor of the first degree, 193
291	291		punishable as provided in s. 775.082 or s. 775.083. Upon a third 194
292	292		or subsequent conviction, the offender commits a felony of the 195
293	293		third degree, punishable as provided in s. 775.082, s. 775.083, 196
294	294		or s. 775.084. 197
295	295		2. If the total amount stolen is $300 or more, but less 198
296	296		than $20,000, the offense is a felony of the third degree, 199
297	297		punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 200
298		-	~~ENROLLED~~
299		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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306	306		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
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309	309
310	310		3. If the total amount stolen is $20,000 or more, but less 201
311	311		than $100,000, the offense is a felony of the second degree, 202
312	312		punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 203
313	313		4. If the total amount stolen is $100,000 or more, the 204
314	314		offense is a felony of the first degree, punishable as provided 205
315	315		in s. 775.082, s. 775.083, or s. 775.084. 206
316	316		(d) A person convicted of an offense under paragraph (c) 207
317	317		shall be ordered by the sentencing judge to make restitution to 208
318	318		the organization in the amount that was stolen from the program. 209
319	319		(e) Upon a finding that a dealer failed to remit a 210
320	320		contribution under subparagraph (a)3. for which the dealer 211
321	321		claimed a credit pursuant to this subsection, the department 212
322	322		shall notify the affected organizations of the dealer's name, 213
323	323		address, federal employer identification number, and information 214
324	324		related to differences between credits taken by the dealer 215
325	325		pursuant to this subsection and amounts remitted to the eligible 216
326	326		nonprofit scholarship -funding organization under subparagraph 217
327	327		(a)3. 218
328	328		(f) Any dealer, designated agent, private tag agent, or 219
329	329		organization that fails to timely submit reports to the 220
330	330		department as required in paragraphs (a) and (b) is subject to a 221
331	331		penalty of $1,000 for every month, or part thereof, the report 222
332	332		is not submitted, up to a maximum amount of $10,000. Such 223
333	333		penalty shall be collected by the department and shall be 224
334	334		transferred into the General Revenue Fund. Such penalty must be 225
335		-	~~ENROLLED~~
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343	343		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
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347	347		settled or compromised if it is determined by the department 226
348	348		that the noncompliance is due to reasonable cause and not due to 227
349	349		willful negligence, willful neglect, or fraud. 228
350	350		(4)(3) For purposes of the distributions of tax revenue 229
351	351		under s. 212.20, the department shall disregard any tax credits 230
352	352		allowed under this section to ensure that any reduction in tax 231
353	353		revenue received that is attributable to the tax credits resu lts 232
354	354		only in a reduction in distributions to the General Revenue 233
355	355		Fund. Section 1002.395 applies The provisions of s. 1002.40 234
356	356		apply to the credit authorized by this section. 235
357	357		Section 2. Paragraph (a) of subsection (22) of section 236
358	358		213.053, Florida Statutes, is amended to read: 237
359	359		213.053 Confidentiality and information sharing. — 238
360	360		(22)(a) The department may provide to an eligible 239
361	361		nonprofit scholarship -funding organization, as defined in s. 240
362	362		1002.395 s. 1002.40, a dealer's name, address, federal employ er 241
363	363		identification number, and information related to differences 242
364	364		between credits taken by the dealer pursuant to s. 212.1832(2) 243
365	365		and amounts remitted to the eligible nonprofit scholarship -244
366	366		funding organization pursuant to s. 212.1832(3)(a)3. under s. 245
367	367		1002.40(13)(b)3. The eligible nonprofit scholarship -funding 246
368	368		organization may use the information for purposes of recovering 247
369	369		eligible contributions designated for that organization that 248
370	370		were collected by the dealer but never remitted to the 249
371	371		organization. 250
372		-	~~ENROLLED~~
373		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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380	380		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
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383	383
384	384		Section 3. Subsections (3) and (4), paragraphs (a), (b), 251
385	385		and (c) of subsection (5), paragraphs (a), (c), and (d) of 252
386	386		subsection (6), paragraph (d) of subsection (7), paragraph (a) 253
387	387		of subsection (8), paragraph (b) of subsection (9), and 254
388	388		subsections (10), (11), (1 2), and (16) of section 1002.394, 255
389	389		Florida Statutes, as amended by chapter 2023 -350, Laws of 256
390	390		Florida, are amended, and paragraph (d) is added to subsection 257
391	391		(8) of that section, to read: 258
392	392		1002.394 The Family Empowerment Scholarship Program. — 259
393	393		(3) SCHOLARSHIP ELIGIBILITY.— 260
394	394		(a)1. A parent of a student may apply for request and 261
395	395		receive from the state a scholarship for the purposes specified 262
396	396		in paragraph (4)(a) if the student : 263
397	397		a. Is a resident of this state or the dependent child of 264
398	398		an active duty member of the United States Armed Forces who has 265
399	399		received permanent change of station orders to this state; and 266
400	400		b. Is eligible to enroll in kindergarten through grade 12 267
401	401		in a public school in this state or received a scholarship under 268
402	402		the Hope Scholarship Program in the 2023-2024 school year. 269
403	403		2. Priority must be given in the following order: 270
404	404		a. A student whose household income level does not exceed 271
405	405		185 percent of the federal poverty level or who is in foster 272
406	406		care or out-of-home care. 273
407	407		b. A student whose house hold income level exceeds 185 274
408	408		percent of the federal poverty level, but does not exceed 400 275
409		-	~~ENROLLED~~
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417	417		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
418	418
419	419
420	420
421	421		percent of the federal poverty level. 276
422	422		(b) A parent of a student with a disability may apply for 277
423	423		request and receive from the state a scholarship for the 278
424	424		purposes specified in paragraph (4)(b) if the student: 279
425	425		1. Is a resident of this state or the dependent child of 280
426	426		an active duty member of the United States Armed Forces who has 281
427	427		received permanent change of station orders to this state or, at 282
428	428		the time of renewal, w hose home of record or state of legal 283
429	429		residence is Florida ; 284
430	430		2. Is 3 or 4 years of age during on or before September 1 285
431	431		of the year in which the student applies for program 286
432	432		participation or is eligible to enroll in kindergarten through 287
433	433		grade 12 in a public school in this state; 288
434	434		3. Has a disability as defined in subsection (2); and 289
435	435		4. Is the subject of an IEP written in accordance with 290
436	436		rules of the State Board of Education or with the applicable 291
437	437		rules of another state or has received a diagnosis of a 292
438	438		disability from a physician who is licensed under chapter 458 or 293
439	439		chapter 459, a psychologist who is licensed under chapter 490, 294
440	440		or a physician who holds an active license issued by another 295
441	441		state or territory of the United States, the District of 296
442	442		Columbia, or the Commonwealth of Puerto Rico. 297
443	443		(c) An approved student who does not receive a scholarship 298
444	444		must be placed on the wait list in the order in which the 299
445	445		student is approved. An eligible student who does not receive a 300
446		-	~~ENROLLED~~
447		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
448		-
449		-
450		-
451		-	CODING: Words stricken are deletions; words underlined are additions.
452		-	hb1403-~~04-er~~
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454	454		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
455	455
456	456
457	457
458	458		scholarship within the fiscal year mu st be retained on the wait 301
459	459		list for the subsequent year. 302
460	460		(4) AUTHORIZED USES OF PROGRAM FUNDS. — 303
461	461		(a) Program funds awarded to a student determined eligible 304
462	462		pursuant to paragraph (3)(a) may be used for: 305
463	463		1. Tuition and fees at an eligible private school . 306
464	464		2. Transportation to a Florida public school in which a 307
465	465		student is enrolled and that is different from the school to 308
466	466		which the student was assigned or to a lab school as defined in 309
467	467		s. 1002.32. 310
468	468		3. Instructional materials, including digital materials 311
469	469		and Internet resources. 312
470	470		4. Curriculum as defined in subsection (2). 313
471	471		5. Tuition and fees associated with full -time or part-time 314
472	472		enrollment in an eligible postsecondary educational institution 315
473	473		or a program offered by the postsecondary educational 316
474	474		institution, unless the program is subject to s. 1009.25 or 317
475	475		reimbursed pursuant to s. 1009.30; an approved preapprenticeship 318
476	476		program as defined in s. 446.021(5) which is not subject to s. 319
477	477		1009.25 and complies with all applicable requirements of the 320
478	478		department pursuant to chapter 1005; a private tutoring program 321
479	479		authorized under s. 1002.43; a virtual program offered by a 322
480	480		department-approved private online provider that meets the 323
481	481		provider qualifications specified in s. 1002.45(2)(a); the 324
482	482		Florida Virtual School as a p rivate paying student; or an 325
483		-	~~ENROLLED~~
484		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
485		-
486		-
487		-
488		-	CODING: Words stricken are deletions; words underlined are additions.
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491	491		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
492	492
493	493
494	494
495	495		approved online course offered pursuant to s. 1003.499 or s. 326
496	496		1004.0961. 327
497	497		6. Fees for nationally standardized, norm -referenced 328
498	498		achievement tests, Advanced Placement Examinations, industry 329
499	499		certification examinations, assessments related to postsecondary 330
500	500		education, or other assessments. 331
501	501		7. Contracted services provided by a public school or 332
502	502		school district, including classes. A student who receives 333
503	503		contracted services under this subparagraph is not considered 334
504	504		enrolled in a public school for eligibility purposes as 335
505	505		specified in subsection (6) but rather attending a public school 336
506	506		on a part-time basis as authorized under s. 1002.44. 337
507	507		8. Tuition and fees for part -time tutoring services or 338
508	508		fees for services provided by a choice naviga tor. Such services 339
509	509		must be provided by a person who holds a valid Florida 340
510	510		educator's certificate pursuant to s. 1012.56, a person who 341
511	511		holds an adjunct teaching certificate pursuant to s. 1012.57, a 342
512	512		person who has a bachelor's degree or a graduate degree in the 343
513	513		subject area in which instruction is given, a person who has 344
514	514		demonstrated a mastery of subject area knowledge pursuant to s. 345
515	515		1012.56(5), or a person certified by a nationally or 346
516	516		internationally recognized research -based training program as 347
517	517		approved by the department. As used in this subparagraph, the 348
518	518		term "part-time tutoring services" does not qualify as regular 349
519	519		school attendance as defined in s. 1003.01(16)(e). 350
520		-	~~ENROLLED~~
521		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
522		-
523		-
524		-
525		-	CODING: Words stricken are deletions; words underlined are additions.
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528	528		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
529	529
530	530
531	531
532	532		(b) Program funds awarded to a student with a disability 351
533	533		determined eligible pursuant to paragraph (3)(b) may be used for 352
534	534		the following purposes: 353
535	535		1. Instructional materials, including digital devices, 354
536	536		digital periphery devices, and assistive technology devices that 355
537	537		allow a student to access instruction or instructional content 356
538	538		and training on the use of and maintenance agreements for these 357
539	539		devices. 358
540	540		2. Curriculum as defined in subsection (2). 359
541	541		3. Specialized services by approved providers or by a 360
542	542		hospital in this state which are selected by the parent. These 361
543	543		specialized services may include , but are not limited to: 362
544	544		a. Applied behavior analysis services as provided in ss. 363
545	545		627.6686 and 641.31098. 364
546	546		b. Services provided by speech -language pathologists as 365
547	547		defined in s. 468.1125(8). 366
548	548		c. Occupational therapy as defined in s. 468.203. 367
549	549		d. Services provided by physical therapists as defined in 368
550	550		s. 486.021(8). 369
551	551		e. Services provided by listening and spoken language 370
552	552		specialists and an appropriate acoustical environment for a 371
553	553		child who has a hearing impairment, including deafness, and who 372
554	554		has received an implant or assistive hearing device. 373
555	555		4. Tuition and fees associated with full -time or part-time 374
556	556		enrollment in a home education program; an eligible private 375
557		-	~~ENROLLED~~
558		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
559		-
560		-
561		-
562		-	CODING: Words stricken are deletions; words underlined are additions.
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565	565		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
566	566
567	567
568	568
569	569		school; an eligible postsecondary educational institution or a 376
570	570		program offered by the postsec ondary educational institution, 377
571	571		unless the program is subject to s. 1009.25 or reimbursed 378
572	572		pursuant to s. 1009.30; an approved preapprenticeship program as 379
573	573		defined in s. 446.021(5) which is not subject to s. 1009.25 and 380
574	574		complies with all applicable requirem ents of the department 381
575	575		pursuant to chapter 1005; a private tutoring program authorized 382
576	576		under s. 1002.43; a virtual program offered by a department -383
577	577		approved private online provider that meets the provider 384
578	578		qualifications specified in s. 1002.45(2)(a); the Fl orida 385
579	579		Virtual School as a private paying student; or an approved 386
580	580		online course offered pursuant to s. 1003.499 or s. 1004.0961. 387
581	581		5. Fees for nationally standardized, norm -referenced 388
582	582		achievement tests, Advanced Placement Examinations, industry 389
583	583		certification examinations, assessments related to postsecondary 390
584	584		education, or other assessments. 391
585	585		6. Contributions to the Stanley G. Tate Florida Prepaid 392
586	586		College Program pursuant to s. 1009.98 or the Florida College 393
587	587		Savings Program pursuant to s. 1009.981 for the be nefit of the 394
588	588		eligible student. 395
589	589		7. Contracted services provided by a public school or 396
590	590		school district, including classes. A student who receives 397
591	591		services under a contract under this paragraph is not considered 398
592	592		enrolled in a public school for eligibility p urposes as 399
593	593		specified in subsection (6) but rather attending a public school 400
594		-	~~ENROLLED~~
595		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
596		-
597		-
598		-
599		-	CODING: Words stricken are deletions; words underlined are additions.
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602	602		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
603	603
604	604
605	605
606	606		on a part-time basis as authorized under s. 1002.44. 401
607	607		8. Tuition and fees for part -time tutoring services or 402
608	608		fees for services provided by a choice navigator. Such services 403
609	609		must be provided by a person who holds a valid Florida 404
610	610		educator's certificate pursuant to s. 1012.56, a person who 405
611	611		holds an adjunct teaching certificate pursuant to s. 1012.57, a 406
612	612		person who has a bachelor's degree or a graduate degree in the 407
613	613		subject area in whic h instruction is given, a person who has 408
614	614		demonstrated a mastery of subject area knowledge pursuant to s. 409
615	615		1012.56(5), or a person certified by a nationally or 410
616	616		internationally recognized research -based training program as 411
617	617		approved by the department. As used in this subparagraph, the 412
618	618		term "part-time tutoring services" does not qualify as regular 413
619	619		school attendance as defined in s. 1003.01(16)(e). 414
620	620		9. Fees for specialized summer education programs. 415
621	621		10. Fees for specialized after -school education programs. 416
622	622		11. Transition services provided by job coaches. 417
623	623		Transition services are a coordinated set of activities which 418
624	624		are focused on improving the academic and functional achievement 419
625	625		of a student with a disability to facilitate the student's 420
626	626		movement from school to postschool activities and are based on 421
627	627		the student's needs. 422
628	628		12. Fees for an annual evaluation of educational progress 423
629	629		by a state-certified teacher under s. 1002.41(1)(f), if this 424
630	630		option is chosen for a home education student. 425
631		-	~~ENROLLED~~
632		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
633		-
634		-
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639	639		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
640	640
641	641
642	642
643	643		13. Tuition and fees a ssociated with programs offered by 426
644	644		Voluntary Prekindergarten Education Program providers approved 427
645	645		pursuant to s. 1002.55 , and school readiness providers approved 428
646	646		pursuant to s. 1002.88 , and prekindergarten programs offered by 429
647	647		an eligible private school . 430
648	648		14. Fees for services provided at a center that is a 431
649	649		member of the Professional Association of Therapeutic 432
650	650		Horsemanship International. 433
651	651		15. Fees for services provided by a therapist who is 434
652	652		certified by the Certification Board for Music Therapists or 435
653	653		credentialed by the Art Therapy Credentials Board, Inc. 436
654	654		(5) TERM OF SCHOLARSHIP. —For purposes of continuity of 437
655	655		educational choice: 438
656	656		(a)1. A scholarship funded awarded to an eligible student 439
657	657		pursuant to paragraph (3)(a) shall remain in force until: 440
658	658		a. The organization determines that the student is not 441
659	659		eligible for program renewal; 442
660	660		b. The Commissioner of Education suspends or revokes 443
661	661		program participation or use of funds; 444
662	662		c. The student's parent has forfeited participation in the 445
663	663		program for failure to c omply with subsection (10); 446
664	664		d. The student, who uses the scholarship for tuition and 447
665	665		fees pursuant to subparagraph (4)(a)1., enrolls in a public 448
666	666		school. However, if a student enters a Department of Juvenile 449
667	667		Justice detention center for a period of no mor e than 21 days, 450
668		-	~~ENROLLED~~
669		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
670		-
671		-
672		-
673		-	CODING: Words stricken are deletions; words underlined are additions.
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676	676		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
677	677
678	678
679	679
680	680		the student is not considered to have returned to a public 451
681	681		school on a full-time basis for that purpose; or 452
682	682		e. The student graduates from high school or attains 21 453
683	683		years of age, whichever occurs first. 454
684	684		2.a. The student's scholarship acc ount must be closed and 455
685	685		any remaining funds shall revert to the state after: 456
686	686		(I) Denial or revocation of program eligibility by the 457
687	687		commissioner for fraud or abuse, including, but not limited to, 458
688	688		the student or student's parent accepting any payment, ref und, 459
689	689		or rebate, in any manner, from a provider of any services 460
690	690		received pursuant to paragraph (4)(a); or 461
691	691		(II) Two consecutive fiscal years in which an account has 462
692	692		been inactive; or 463
693	693		(III) A student remains unenrolled in an eligible private 464
694	694		school for 30 days while receiving a scholarship that requires 465
695	695		full-time enrollment. 466
696	696		b. Reimbursements for program expenditures may continue 467
697	697		until the account balance is expended or remaining funds have 468
698	698		reverted to the state. 469
699	699		(b)1. A scholarship funded awarded to an eligible student 470
700	700		pursuant to paragraph (3)(b) shall remain in force until: 471
701	701		a. The parent does not renew program eligibility; 472
702	702		b. The organization determines that the student is not 473
703	703		eligible for program renewal; 474
704	704		c. The Commissioner of Education suspe nds or revokes 475
705		-	~~ENROLLED~~
706		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
707		-
708		-
709		-
710		-	CODING: Words stricken are deletions; words underlined are additions.
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713	713		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
714	714
715	715
716	716
717	717		program participation or use of funds; 476
718	718		d. The student's parent has forfeited participation in the 477
719	719		program for failure to comply with subsection (10); 478
720	720		e. The student enrolls full time in a public school; or 479
721	721		f. The student graduates from high school or attains 22 480
722	722		years of age, whichever occurs first. 481
723	723		2. Reimbursements for program expenditures may continue 482
724	724		until the account balance is expended or the account is closed. 483
725	725		3. A student's scholarship account must be closed and any 484
726	726		remaining funds, including, but not limited to, contributions 485
727	727		made to the Stanley G. Tate Florida Prepaid College Program or 486
728	728		earnings from or contributions made to the Florida College 487
729	729		Savings Program using program funds pursuant to subparagraph 488
730	730		(4)(b)6., shall reve rt to the state after: 489
731	731		a. Denial or revocation of program eligibility by the 490
732	732		commissioner for fraud or abuse, including, but not limited to, 491
733	733		the student or student's parent accepting any payment, refund, 492
734	734		or rebate, in any manner, from a provider of any s ervices 493
735	735		received pursuant to subsection (4); 494
736	736		b. Any period of 3 consecutive years after high school 495
737	737		completion or graduation during which the student has not been 496
738	738		enrolled in an eligible postsecondary educational institution or 497
739	739		a program offered by the i nstitution; or 498
740	740		c. Two consecutive fiscal years in which an account has 499
741	741		been inactive. 500
742		-	~~ENROLLED~~
743		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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745		-
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750	750		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
751	751
752	752
753	753
754	754		(c) Upon reasonable notice to the organization and the 501
755	755		school district, the student's parent may remove the student 502
756	756		from the participating private school and place the student in a 503
757	757		public school in accordance with this section. 504
758	758		(6) SCHOLARSHIP PROHIBITIONS. —A student is not eligible 505
759	759		for a Family Empowerment Scholarship while he or she is: 506
760	760		(a) Enrolled full time in a public school, includ ing, but 507
761	761		not limited to, the Florida School for the Deaf and the Blind, 508
762	762		the College-Preparatory Boarding Academy, the Florida School for 509
763	763		Competitive Academics, the Florida Virtual School, the Florida 510
764	764		Scholars Academy, a developmental research school author ized 511
765	765		under s. 1002.32, or a charter school authorized under this 512
766	766		chapter. For purposes of this paragraph, a 3 - or 4-year-old 513
767	767		child who receives services funded through the Florida Education 514
768	768		Finance Program is considered to be a student enrolled in a 515
769	769		public school; 516
770	770		(c) Receiving any other educational scholarship pursuant 517
771	771		to this chapter. However, an eligible public school student 518
772	772		receiving a scholarship under s. 1002.411 may receive a 519
773	773		scholarship for transportation pursuant to subparagraph 520
774	774		(4)(a)2.; 521
775	775		(d) Not having regular and direct contact with his or her 522
776	776		private school teachers pursuant to s. 1002.421(1)(i), unless he 523
777	777		or she is eligible pursuant to paragraph (3)(b) and enrolled in 524
778	778		the participating private school's transition -to-work program 525
779		-	~~ENROLLED~~
780		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
781		-
782		-
783		-
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787	787		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
788	788
789	789
790	790
791	791		pursuant to subsection (16) or a home education program pursuant 526
792	792		to s. 1002.41; 527
793	793		(7) SCHOOL DISTRICT OBLIGATIONS. — 528
794	794		(d) Upon the request of the department, a school district 529
795	795		shall coordinate with the department to provide to a 530
796	796		participating private school the state wide assessments 531
797	797		administered under s. 1008.22 and any related materials for 532
798	798		administering the assessments. For a student who participates in 533
799	799		the Family Empowerment Scholarship Program whose parent requests 534
800	800		that the student take the statewide assessments u nder s. 535
801	801		1008.22, the district in which the student attends a 536
802	802		participating private school shall provide locations and times 537
803	803		to take all statewide assessments. A school district is 538
804	804		responsible for implementing test administrations at a 539
805	805		participating private school, including the: 540
806	806		1. Provision of training for private school staff on test 541
807	807		security and assessment administration procedures; 542
808	808		2. Distribution of testing materials to a private school; 543
809	809		3. Retrieval of testing materials from a private school; 544
810	810		4. Provision of the required format for a private school 545
811	811		to submit information to the district for test administration 546
812	812		and enrollment purposes; and 547
813	813		5. Provision of any required assistance, monitoring, or 548
814	814		investigation at a private school. 549
815	815		(8) DEPARTMENT OF EDUCATION OBLIGATIONS. — 550
816		-	~~ENROLLED~~
817		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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824	824		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
825	825
826	826
827	827
828	828		(a) The department shall: 551
829	829		1. Publish and update, as necessary, information on the 552
830	830		department website about the Family Empowerment Scholarship 553
831	831		Program, including, but not limited to, student eligibility 554
832	832		criteria, parental re sponsibilities, and relevant data. 555
833	833		2. Report, as part of the determination of full -time 556
834	834		equivalent membership pursuant to s. 1011.62(1)(a), all 557
835	835		scholarship students who are receiving a scholarship under the 558
836	836		program and are funded through the Florida Educ ation Finance 559
837	837		Program, and cross-check the list of participating scholarship 560
838	838		students submitted by the eligible nonprofit scholarship -funding 561
839	839		organization with the full-time equivalent student membership 562
840	840		survey data public school enrollment lists to avoid duplication. 563
841	841		3. Maintain and annually publish a list of nationally 564
842	842		norm-referenced tests identified for purposes of satisfying the 565
843	843		testing requirement in subparagraph (9)(c)1. The tests must meet 566
844	844		industry standards of quality in accordance with state board 567
845	845		rule. 568
846	846		4. Notify eligible nonprofit scholarship -funding 569
847	847		organizations of the deadlines for submitting the verified list 570
848	848		of eligible scholarship students determined to be eligible for a 571
849	849		scholarship. An eligible nonprofit scholarship -funding 572
850	850		organization may not submit a student for funding after February 573
851	851		1. 574
852	852		5. Deny or terminate program participation upon a parent's 575
853		-	~~ENROLLED~~
854		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
855		-
856		-
857		-
858		-	CODING: Words stricken are deletions; words underlined are additions.
859		-	hb1403-~~04-er~~
	853	+
	854	+	CS/CS/HB 1403, Engrossed 1 2024
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861	861		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
862	862
863	863
864	864
865	865		failure to comply with subsection (10). 576
866	866		6. Notify the parent and the organization when a 577
867	867		scholarship account is closed and prog ram funds revert to the 578
868	868		state. 579
869	869		7. Notify an eligible nonprofit scholarship -funding 580
870	870		organization of any of the organization's or other 581
871	871		organization's identified students who are receiving 582
872	872		scholarships under this chapter. 583
873	873		8. Maintain on its website a lis t of approved providers as 584
874	874		required by s. 1002.66, eligible postsecondary educational 585
875	875		institutions, eligible private schools, and eligible 586
876	876		organizations and may identify or provide links to lists of 587
877	877		other approved providers. 588
878	878		9. Require each organization to verify eligible 589
879	879		expenditures before the distribution of funds for any 590
880	880		expenditures made pursuant to subparagraphs (4)(b)1. and 2. 591
881	881		Review of expenditures made for services specified in 592
882	882		subparagraphs (4)(b)3. -15. may be completed after the purchase 593
883	883		is made. 594
884	884		10. Investigate any written complaint of a violation of 595
885	885		this section by a parent, a student, a participating private 596
886	886		school, a public school, a school district, an organization, a 597
887	887		provider, or another appropriate party in accordance with the 598
888	888		process established under s. 1002.421. 599
889	889		11. Require quarterly reports by an organization, which 600
890		-	~~ENROLLED~~
891		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
892		-
893		-
894		-
895		-	CODING: Words stricken are deletions; words underlined are additions.
896		-	hb1403-~~04-er~~
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	891	+	CS/CS/HB 1403, Engrossed 1 2024
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898	898		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
899	899
900	900
901	901
902	902		must include, at a minimum, the number of students participating 601
903	903		in the program; the demographics of program participants; the 602
904	904		disability category of program participan ts; the matrix level of 603
905	905		services, if known; the program award amount per student; the 604
906	906		total expenditures for the purposes specified in paragraph 605
907	907		(4)(b); the types of providers of services to students; the 606
908	908		number of scholarship applications received, the nu mber of 607
909	909		applications processed within 30 days after receipt, and the 608
910	910		number of incomplete applications received; data related to 609
911	911		reimbursement submissions, including the average number of days 610
912	912		for a reimbursement to be reviewed and the average number of 611
913	913		days for a reimbursement to be approved; any parent input and 612
914	914		feedback collected regarding the program; and any other 613
915	915		information deemed necessary by the department. 614
916	916		12. Notify eligible nonprofit scholarship -funding 615
917	917		organizations that scholarships may not be awarded in a school 616
918	918		district in which the award will exceed 99 percent of the school 617
919	919		district's share of state funding through the Florida Education 618
920	920		Finance Program as calculated by the department. 619
921	921		13. Adjust payments to eligible nonprofit scholarship -620
922	922		funding organizations and, when the Florida Education Finance 621
923	923		Program is recalculated, adjust the amount of state funds 622
924	924		allocated to school districts through the Florida Education 623
925	925		Finance Program based upon the results of the cross -check 624
926	926		completed pursuant to subparagraph 2. 625
927		-	~~ENROLLED~~
928		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
929		-
930		-
931		-
932		-	CODING: Words stricken are deletions; words underlined are additions.
933		-	hb1403-~~04-er~~
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	928	+	CS/CS/HB 1403, Engrossed 1 2024
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935	935		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
936	936
937	937
938	938
939	939		(d) The department may provide guidance to a participating 626
940	940		private school that submits a transition -to-work program plan 627
941	941		pursuant to subsection (16). 628
942	942		(9) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS. —To be 629
943	943		eligible to participate in the Family Empowerment Scholarship 630
944	944		Program, a private school may be sectarian or nonsectarian and 631
945	945		must: 632
946	946		(b) Provide to the organization all documentation required 633
947	947		for a student's participation, including confirmation of the 634
948	948		student's admission to the private school, the private school's 635
949	949		and student's fee schedules, and any other information required 636
950	950		by the organization to process scholarship payment under 637
951	951		subparagraph (12)(a)4. Such information must be provided by the 638
952	952		deadlines established by the organ ization and in accordance with 639
953	953		the requirements of this section at least 30 days before any 640
954	954		quarterly scholarship payment is made for the student pursuant 641
955	955		to paragraph (12)(a) . A student is not eligible to receive a 642
956	956		quarterly scholarship payment if the pri vate school fails to 643
957	957		meet the this deadline. 644
958	958		645
959	959		If a private school fails to meet the requirements of this 646
960	960		subsection or s. 1002.421, the commissioner may determine that 647
961	961		the private school is ineligible to participate in the 648
962	962		scholarship program. 649
963	963		(10) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 650
964		-	~~ENROLLED~~
965		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
966		-
967		-
968		-
969		-	CODING: Words stricken are deletions; words underlined are additions.
970		-	hb1403-~~04-er~~
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	965	+	CS/CS/HB 1403, Engrossed 1 2024
	966	+
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972	972		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
973	973
974	974
975	975
976	976		PARTICIPATION.— 651
977	977		(a) A parent who applies for a scholarship applies for 652
978	978		program participation under paragraph (3)(a) whose student will 653
979	979		be enrolled full time in an eligible a private school must: 654
980	980		1. Select an eligible the private school and apply for the 655
981	981		admission of his or her student. 656
982	982		2. Request the scholarship by the a date established by 657
983	983		the organization, in a manner that creates a written or 658
984	984		electronic record of the request and the date of receipt of the 659
985	985		request. 660
986	986		3.a. Beginning with new applications for the 2025 -2026 661
987	987		school year and thereafter, notify the organization by December 662
988	988		15 that the scholarship is being accepted or declined. 663
989	989		b. Beginning with renewal applications for the 2025 -2026 664
990	990		school year and thereafter, notify the organization by May 31 665
991	991		that the scholarship is being renewed or declined. 666
992	992		4.3. Inform the applicable school district when the parent 667
993	993		withdraws his or her student from a public school to attend an 668
994	994		eligible private school. 669
995	995		5.4. Require his or her student participating in the 670
996	996		program to remain in attendance at the eligible private school 671
997	997		throughout the school year unless excused by the school for 672
998	998		illness or other good cause. 673
999	999		6.5. Meet with the eligible private school's principa l or 674
1000	1000		the principal's designee to review the school's academic 675
1001		-	~~ENROLLED~~
1002		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
1003		-
1004		-
1005		-
1006		-	CODING: Words stricken are deletions; words underlined are additions.
1007		-	hb1403-~~04-er~~
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	1002	+	CS/CS/HB 1403, Engrossed 1 2024
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1009	1009		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
1010	1010
1011	1011
1012	1012
1013	1013		programs and policies, specialized services, code of student 676
1014	1014		conduct, and attendance policies before enrollment. 677
1015	1015		7.6. Require his or her that the student participating in 678
1016	1016		the scholarship program to take takes the norm-referenced 679
1017	1017		assessment offered by the eligible private school. The parent 680
1018	1018		may also choose to have the student participate in the statewide 681
1019	1019		assessments pursuant to paragraph (7)(d). If the parent requests 682
1020	1020		that the student participat ing in the program take all statewide 683
1021	1021		assessments required pursuant to s. 1008.22, the parent is 684
1022	1022		responsible for transporting the student to the assessment site 685
1023	1023		designated by the school district. 686
1024	1024		8.7. Approve each payment before the scholarship funds may 687
1025	1025		be deposited by funds transfer pursuant to subparagraph 688
1026	1026		(12)(a)4. The parent may not designate any entity or individual 689
1027	1027		associated with the participating private school as the parent's 690
1028	1028		attorney in fact to approve a funds transfer. A participant who 691
1029	1029		fails to comply with this paragraph forfeits the scholarship. 692
1030	1030		9.8. Agree to have the organization commit scholarship 693
1031	1031		funds on behalf of his or her student for tuition and fees for 694
1032	1032		which the parent is responsible for payment at the eligible 695
1033	1033		private school befor e using scholarship empowerment account 696
1034	1034		funds for additional authorized uses under paragraph (4)(a). A 697
1035	1035		parent is responsible for all eligible expenses in excess of the 698
1036	1036		amount of the scholarship. 699
1037	1037		10. Comply with the scholarship application and renewal 700
1038		-	~~ENROLLED~~
1039		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
1040		-
1041		-
1042		-
1043		-	CODING: Words stricken are deletions; words underlined are additions.
1044		-	hb1403-~~04-er~~
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	1039	+	CS/CS/HB 1403, Engrossed 1 2024
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1046	1046		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
1047	1047
1048	1048
1049	1049
1050	1050		processes and requirements established by the organization. 701
1051	1051		(b) A parent who applies for a scholarship applies for 702
1052	1052		program participation under paragraph (3)(b) is exercising his 703
1053	1053		or her parental option to determine the appropriate placement or 704
1054	1054		the services that best meet the needs of his or her child and 705
1055	1055		must: 706
1056	1056		1. Apply to an eligible nonprofit scholarship -funding 707
1057	1057		organization to participate in the program by a date set by the 708
1058	1058		organization. The request must be communicated directly to the 709
1059	1059		organization in a manner that creates a written or electronic 710
1060	1060		record of the request and the date of receipt of the request. 711
1061	1061		2.a. Beginning with new applications for the 2025 -2026 712
1062	1062		school year and thereafter, notify the organization by December 713
1063	1063		15 that the scholarship is being accepted or declined. 714
1064	1064		b. Beginning with renewal applications for the 2025 -2026 715
1065	1065		school year and thereafter, notify the organization by May 31 716
1066	1066		that the scholarship is being renewed or declined. 717
1067	1067		3.2. Sign an agreement with the organization and annua lly 718
1068	1068		submit a sworn compliance statement to the organization to 719
1069	1069		satisfy or maintain program eligibility, including eligibility 720
1070	1070		to receive and spend program payments by: 721
1071	1071		a. Affirming that the student is enrolled in a program 722
1072	1072		that meets regular school atten dance requirements as provided in 723
1073	1073		s. 1003.01(16)(b), (c), or (d). 724
1074	1074		b. Affirming that the program funds are used only for 725
1075		-	~~ENROLLED~~
1076		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
1077		-
1078		-
1079		-
1080		-	CODING: Words stricken are deletions; words underlined are additions.
1081		-	hb1403-~~04-er~~
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	1076	+	CS/CS/HB 1403, Engrossed 1 2024
	1077	+
	1078	+
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1083	1083		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
1084	1084
1085	1085
1086	1086
1087	1087		authorized purposes serving the student's educational needs, as 726
1088	1088		described in paragraph (4)(b); that any prepaid college plan or 727
1089	1089		college savings plan funds contributed pursuant to subparagraph 728
1090	1090		(4)(b)6. will not be transferred to another beneficiary while 729
1091	1091		the plan contains funds contributed pursuant to this section; 730
1092	1092		and that they will not receive a payment, refund, or rebate of 731
1093	1093		any funds provided under this section. 732
1094	1094		c. Affirming that the parent is responsible for all 733
1095	1095		eligible expenses in excess of the amount of the scholarship and 734
1096	1096		for the education of his or her student by, as applicable: 735
1097	1097		(I) Requiring the student to take an assessment in 736
1098	1098		accordance with paragraph (9)(c); 737
1099	1099		(II) Providing an annual evaluation in accordance with s. 738
1100	1100		1002.41(1)(f); or 739
1101	1101		(III) Requiring the child to take any preassessments and 740
1102	1102		postassessments selected by the provider if the child is 4 years 741
1103	1103		of age and is enrolled in a program provided by an eligible 742
1104	1104		Voluntary Prekindergarten Education Program provider. A student 743
1105	1105		with disabilities for whom the physician or psychologist who 744
1106	1106		issued the diagnosis or the IEP team determines that a 745
1107	1107		preassessment and postassessment is not appropriate is exempt 746
1108	1108		from this requirement. A participating provider shall report a 747
1109	1109		student's scores to the parent. 748
1110	1110		d. Affirming that the student remains in good standing 749
1111	1111		with the provider or school if those options are selected by the 750
1112		-	~~ENROLLED~~
1113		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
1114		-
1115		-
1116		-
1117		-	CODING: Words stricken are deletions; words underlined are additions.
1118		-	hb1403-~~04-er~~
	1112	+
	1113	+	CS/CS/HB 1403, Engrossed 1 2024
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1120	1120		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
1121	1121
1122	1122
1123	1123
1124	1124		parent. 751
1125	1125		e. Enrolling his or her child in a program from a 752
1126	1126		Voluntary Prekindergarten Education Program provider authorized 753
1127	1127		under s. 1002.55, a school readiness provider authorized under 754
1128	1128		s. 1002.88, a prekindergarten program offered by an eligible 755
1129	1129		private school, or an eligible private school if either option 756
1130	1130		is selected by the parent. 757
1131	1131		f. Comply with the scholarship application and renewal 758
1132	1132		processes and requirements established by the organization 759
1133	1133		Renewing participation in the program each year . A student whose 760
1134	1134		participation in the program is not renewed may continue to 761
1135	1135		spend scholarship funds that are in his or her account from 762
1136	1136		prior years unless the account must be closed pursuant to 763
1137	1137		subparagraph (5)(b)3. Notwithstanding any changes to the 764
1138	1138		student's IEP, a stud ent who was previously eligible for 765
1139	1139		participation in the program shall remain eligible to apply for 766
1140	1140		renewal. However, for a high -risk child to continue to 767
1141	1141		participate in the program in the school year after he or she 768
1142	1142		reaches 6 years of age, the child's app lication for renewal of 769
1143	1143		program participation must contain documentation that the child 770
1144	1144		has a disability defined in paragraph (2)(e) other than high -771
1145	1145		risk status. 772
1146	1146		g. Procuring the services necessary to educate the 773
1147	1147		student. If such services include enrollm ent in an eligible 774
1148	1148		private school, the parent must meet with the private school's 775
1149		-	~~ENROLLED~~
1150		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
1151		-
1152		-
1153		-
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1155		-	hb1403-~~04-er~~
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	1150	+	CS/CS/HB 1403, Engrossed 1 2024
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1157	1157		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
1158	1158
1159	1159
1160	1160
1161	1161		principal or the principal's designee to review the school's 776
1162	1162		academic programs and policies, specialized services, code of 777
1163	1163		student conduct, and attendance policies before his or her 778
1164	1164		student is enrolled. The parent must also approve each payment 779
1165	1165		to the eligible private school before the scholarship funds may 780
1166	1166		be deposited by funds transfer pursuant to subparagraph 781
1167	1167		(12)(a)4. The parent may not designate any entity or individual 782
1168	1168		associated with the eligible private school as the parent's 783
1169	1169		attorney in fact to approve a funds transfer. When the student 784
1170	1170		receives a scholarship, the district school board is not 785
1171	1171		obligated to provide the student with a free appropriate public 786
1172	1172		education. For purposes of s. 1003.57 and the Individuals with 787
1173	1173		Disabilities in Education Act, a participating student has only 788
1174	1174		those rights that apply to all other unilaterally parentally 789
1175	1175		placed students, except that, when requested by the parent, 790
1176	1176		school district perso nnel must develop an IEP or matrix level of 791
1177	1177		services. 792
1178	1178		(c) A parent may not apply for multiple scholarships under 793
1179	1179		this section and s. 1002.395 for an individual student at the 794
1180	1180		same time. 795
1181	1181		(d)(c) A participant who fails to comply with this 796
1182	1182		subsection forfeits the scholarship. 797
1183	1183		(11) OBLIGATIONS OF ELIGIBLE SCHOLARSHIP -FUNDING 798
1184	1184		ORGANIZATIONS.— 799
1185	1185		(a) An eligible nonprofit scholarship -funding organization 800
1186		-	~~ENROLLED~~
1187		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
1188		-
1189		-
1190		-
1191		-	CODING: Words stricken are deletions; words underlined are additions.
1192		-	hb1403-~~04-er~~
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	1187	+	CS/CS/HB 1403, Engrossed 1 2024
	1188	+
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1194	1194		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
1195	1195
1196	1196
1197	1197
1198	1198		awarding scholarships to eligible students pursuant to paragraph 801
1199	1199		(3)(a) shall: 802
1200	1200		1. Establish a process fo r parents who are in compliance 803
1201	1201		with paragraph (10)(a) to renew their students' scholarships. 804
1202	1202		Renewal applications for the 2025 -2026 school year and 805
1203	1203		thereafter must provide for a renewal timeline beginning 806
1204	1204		February 1 of the prior school year and ending Apr il 30 of the 807
1205	1205		prior school year. A student's renewal is contingent upon an 808
1206	1206		eligible private school providing confirmation of student 809
1207	1207		admission pursuant to subsection (9). The process must require 810
1208	1208		that parents confirm that the scholarship is being renewed or 811
1209	1209		declined by May 31. 812
1210	1210		2. Establish a process that allows a parent to apply for a 813
1211	1211		new scholarship. The process may begin no earlier than February 814
1212	1212		1 of the prior school year and must authorize submission of 815
1213	1213		applications until November 15. The process must b e in a manner 816
1214	1214		that creates a written or electronic record of the application 817
1215	1215		request and the date of receipt of the application request. 818
1216	1216		Applications received after the deadline may be considered for 819
1217	1217		scholarship award in the subsequent fiscal year. The pro cess 820
1218	1218		must require that parents confirm that the scholarship is being 821
1219	1219		accepted or declined by December 15. Must receive applications, 822
1220	1220		determine student eligibility, notify parents in accordance with 823
1221	1221		the requirements of this section, and provide the departme nt 824
1222	1222		with information on the student to enable the department to 825
1223		-	~~ENROLLED~~
1224		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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1231	1231		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
1232	1232
1233	1233
1234	1234
1235	1235		determine student funding in accordance with paragraph (12)(a). 826
1236	1236		3.2. Shall Verify the household income level of students 827
1237	1237		seeking priority eligibility and submit the verified list of 828
1238	1238		students and related documentation to the department when 829
1239	1239		necessary. 830
1240	1240		4.3. Shall Award scholarships in priority order pursuant 831
1241	1241		to paragraph (3)(a). 832
1242	1242		5.4. Shall Establish and maintain separate scholarship 833
1243	1243		empowerment accounts for each eligible student. For each 834
1244	1244		account, the organization must maintain a record of accrued 835
1245	1245		interest that is retained in the student's account and available 836
1246	1246		only for authorized program expenditures. 837
1247	1247		6.5. May Permit eligible students to use program funds for 838
1248	1248		the purposes specified in para graph (4)(a), as authorized in the 839
1249	1249		organization's purchasing handbook, by paying for the authorized 840
1250	1250		use directly, then submitting a reimbursement request to the 841
1251	1251		eligible nonprofit scholarship -funding organization. However, an 842
1252	1252		eligible nonprofit scholarship -funding organization may require 843
1253	1253		the use of an online platform for direct purchases of products 844
1254	1254		so long as such use does not limit a parent's choice of 845
1255	1255		curriculum or academic programs. If a parent purchases a product 846
1256	1256		identical to one offered by an organiz ation's online platform 847
1257	1257		for a lower price, the organization must shall reimburse the 848
1258	1258		parent the cost of the product. 849
1259	1259		6. May, from eligible contributions received pursuant to 850
1260		-	~~ENROLLED~~
1261		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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1268	1268		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
1269	1269
1270	1270
1271	1271
1272	1272		s. 1002.395(6)(l)1., use an amount not to exceed 2.5 percent of 851
1273	1273		the total amount of all scholarships funded under this section 852
1274	1274		for administrative expenses associated with performing functions 853
1275	1275		under this section. An eligible nonprofit scholarship -funding 854
1276	1276		organization that has, for the prior fiscal year, complied with 855
1277	1277		the expenditure requirements of s. 1002.395(6)(l)2., may use an 856
1278	1278		amount not to exceed 3 percent. Such administrative expense 857
1279	1279		amount is considered within the 3 percent limit on the total 858
1280	1280		amount an organization may use to administer scholarships under 859
1281	1281		this chapter. 860
1282	1282		7. Must, In a timely manner, submit the verified list of 861
1283	1283		students and any information requested by the department 862
1284	1284		relating to the scholarship under this section. 863
1285	1285		8. Must Notify the department about any violation of this 864
1286	1286		section. 865
1287	1287		9. Must Document each student's eligibility for a fiscal 866
1288	1288		year before granting a scholarship for that fiscal year. A 867
1289	1289		student is ineligible for a scholarship if the student's account 868
1290	1290		has been inactive for 2 consecutive fiscal years. 869
1291	1291		10. Must Notify each parent that participation in the 870
1292	1292		scholarship program does not guarantee enrollment. 871
1293	1293		11. Shall Commit scholarship funds on behalf of the 872
1294	1294		student for tuition and fees for which the parent is responsible 873
1295	1295		for payment at the participating private school before using 874
1296	1296		scholarship empowerment account funds for additional authorized 875
1297		-	~~ENROLLED~~
1298		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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1305	1305		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
1306	1306
1307	1307
1308	1308
1309	1309		uses under paragraph (4)(a). 876
1310	1310		(b) An eligible nonprofit scholarship -funding organization 877
1311	1311		awarding scholarships to eligible students pursuant to paragraph 878
1312	1312		(3)(b) shall: 879
1313	1313		1. Establish a process for parents who are in compliance 880
1314	1314		with paragraph (10)(b) to renew their students' scholarships. 881
1315	1315		Renewal applications for the 2025 -2026 school year and 882
1316	1316		thereafter must provide for a renewal timeline beginning 883
1317	1317		February 1 of the prior s chool year and ending April 30 of the 884
1318	1318		prior school year. A student's renewal is contingent upon an 885
1319	1319		eligible private school providing confirmation of student 886
1320	1320		admission pursuant to subsection (9), if applicable. The process 887
1321	1321		must require that parents confirm that the scholarship is being 888
1322	1322		renewed or declined by May 31. 889
1323	1323		2. Establish a process that allows a parent to apply for a 890
1324	1324		new scholarship. The process may begin no earlier than February 891
1325	1325		1 of the prior school year and must authorize the submission of 892
1326	1326		applications until November 15. The process must be in a manner 893
1327	1327		that creates a written or electronic record of the application 894
1328	1328		request and the date of receipt of the application request. 895
1329	1329		Applications received after the deadline may be considered for 896
1330	1330		scholarship award in the subsequent fiscal year. The process 897
1331	1331		must require that parents confirm that the scholarship is being 898
1332	1332		accepted or declined by December 15. 899
1333	1333		1. Receive applications, determine student eligibility, 900
1334		-	~~ENROLLED~~
1335		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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1337		-
1338		-
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1342	1342		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
1343	1343
1344	1344
1345	1345
1346	1346		and notify parents in accordance with the requir ements of this 901
1347	1347		section. When an application is approved, the organization must 902
1348	1348		provide the department with information on the student to enable 903
1349	1349		the department to determine student funding in accordance with 904
1350	1350		paragraph (12)(b). 905
1351	1351		2. Establish a date by which a parent must confirm initial 906
1352	1352		or continuing participation in the program . 907
1353	1353		3. Review applications and award scholarships using the 908
1354	1354		following priorities: 909
1355	1355		a. For the 2021-2022 school year, a student who received a 910
1356	1356		Gardiner Scholarship in the 2020 -2021 school year and meets the 911
1357	1357		eligibility requirements in paragraph (3)(b). 912
1358	1358		a.b. Renewing students from the previous school year. 913
1359	1359		c. Students retained on the previous school year's wait 914
1360	1360		list. 915
1361	1361		b.d. An eligible student who meets the criteria for an 916
1362	1362		initial award pursuant to paragraph (3)(b) on a first-come, 917
1363	1363		first-served basis. 918
1364	1364		919
1365	1365		An approved student who does not receive a scholarship must be 920
1366	1366		placed on the wait list in the order in which his or her 921
1367	1367		application is approved. A student who does not receive a 922
1368	1368		scholarship within the fiscal year shall be retained on the wait 923
1369	1369		list for the subsequent fiscal year. 924
1370	1370		4. Establish and maintain separate accounts for each 925
1371		-	~~ENROLLED~~
1372		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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1374		-
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	1372	+	CS/CS/HB 1403, Engrossed 1 2024
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1379	1379		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
1380	1380
1381	1381
1382	1382
1383	1383		eligible student. For each account, the organization must 926
1384	1384		maintain a record of accrued interest tha t is retained in the 927
1385	1385		student's account and available only for authorized program 928
1386	1386		expenditures. 929
1387	1387		5. Verify qualifying educational expenditures pursuant to 930
1388	1388		the requirements of paragraph (4)(b). 931
1389	1389		6. Return any remaining program funds to the department 932
1390	1390		pursuant to paragraph (6)(b). 933
1391	1391		7. Notify the parent about the availability of, and the 934
1392	1392		requirements associated with requesting, an initial IEP or IEP 935
1393	1393		reevaluation every 3 years for each student participating in the 936
1394	1394		program. 937
1395	1395		8. Notify the parent of available state and local 938
1396	1396		services, including, but not limited to, services under chapter 939
1397	1397		413. 940
1398	1398		9. In a timely manner, submit to the department the 941
1399	1399		verified list of eligible scholarship students and any 942
1400	1400		information requested by the department relating to the 943
1401	1401		scholarship under this section. 944
1402	1402		10.8. Notify the department of any violation of this 945
1403	1403		section. 946
1404	1404		11.9. Document each scholarship student's eligibility for 947
1405	1405		a fiscal year before granting a scholarship for that fiscal year 948
1406	1406		pursuant to paragraph (3)(b). A student i s ineligible for a 949
1407	1407		scholarship if the student's account has been inactive for 2 950
1408		-	~~ENROLLED~~
1409		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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1416	1416		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
1417	1417
1418	1418
1419	1419
1420	1420		consecutive fiscal years. 951
1421	1421		(c) An eligible nonprofit scholarship -funding organization 952
1422	1422		may, from eligible contributions received pursuant to s. 953
1423	1423		1002.395(6)(l)1., use an amount not to exceed 2.5 percent of the 954
1424	1424		total amount of all scholarships funded under this section for 955
1425	1425		administrative expenses associated with performing functions 956
1426	1426		under this section. An organization that, for the prior fiscal 957
1427	1427		year, has complied with the expendit ure requirements of s. 958
1428	1428		1002.395(6)(l)3. may use an amount not to exceed 3 percent. Such 959
1429	1429		administrative expense amount is considered within the 3 -percent 960
1430	1430		limit on the total amount an organization may use to administer 961
1431	1431		scholarships under this chapter. 962
1432	1432		(d) An eligible nonprofit scholarship -funding organization 963
1433	1433		shall establish a process to collect input and feedback from 964
1434	1434		parents, private schools, and providers before implementing 965
1435	1435		substantial modifications or enhancements to the reimbursement 966
1436	1436		process. 967
1437	1437		(12) SCHOLARSHIP FUNDING AND PAYMENT. — 968
1438	1438		(a)1. Scholarships for students determined eligible 969
1439	1439		pursuant to paragraph (3)(a) may be funded once all scholarships 970
1440	1440		have been funded in accordance with s. 1002.395(6)(l)2. The 971
1441	1441		calculated scholarship amount for a partici pating student 972
1442	1442		determined eligible pursuant to paragraph (3)(a) shall be based 973
1443	1443		upon the grade level and school district in which the student 974
1444	1444		was assigned as 100 percent of the funds per unweighted full -975
1445		-	~~ENROLLED~~
1446		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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1453	1453		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
1454	1454
1455	1455
1456	1456
1457	1457		time equivalent in the Florida Education Finance Progr am for a 976
1458	1458		student in the basic program established pursuant to s. 977
1459	1459		1011.62(1)(c)1., plus a per -full-time equivalent share of funds 978
1460	1460		for the categorical programs established in s. 1011.62(5), 979
1461	1461		(7)(a), and (16), as funded in the General Appropriations Act. 980
1462	1462		2. A scholarship of $750 or an amount equal to the school 981
1463	1463		district expenditure per student riding a school bus, as 982
1464	1464		determined by the department, whichever is greater, may be 983
1465	1465		awarded to an eligible student who is enrolled in a Florida 984
1466	1466		public school that is dif ferent from the school to which the 985
1467	1467		student was assigned or in a lab school as defined in s. 1002.32 986
1468	1468		if the school district does not provide the student with 987
1469	1469		transportation to the school. 988
1470	1470		3.a. For renewing scholarship students, the organization 989
1471	1471		must provide the department with the documentation necessary to 990
1472	1472		verify the student's continued eligibility to participate in the 991
1473	1473		scholarship program at least 30 days before each payment 992
1474	1474		participation. Upon receiving the verified list of eligible 993
1475	1475		scholarship students documentation, the department shall release 994
1476	1476		transfer, beginning August 1 , from state funds only, the amount 995
1477	1477		calculated pursuant to subparagraph 1. 2. to the organization 996
1478	1478		for deposit into the student's account in quarterly payments no 997
1479	1479		later than August 1, November 1, February 1, and April 1 of 998
1480	1480		quarterly disbursement to parents of participating students each 999
1481	1481		school year in which the scholarship is in force. 1000
1482		-	~~ENROLLED~~
1483		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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1485		-
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	1483	+	CS/CS/HB 1403, Engrossed 1 2024
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1490	1490		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
1491	1491
1492	1492
1493	1493
1494	1494		b. For new scholarship students, the organization must 1001
1495	1495		verify the student's eligibility to particip ate in the 1002
1496	1496		scholarship program at least 30 days before each payment. Upon 1003
1497	1497		receiving the verified list of eligible scholarship students, 1004
1498	1498		the department shall release, from state funds only, the amount 1005
1499	1499		calculated pursuant to subparagraph 1. to the organizati on for 1006
1500	1500		deposit into the student's account in quarterly payments no 1007
1501	1501		later than September 1, November 1, February 1, and April 1 of 1008
1502	1502		each school year in which the scholarship is in force. For a 1009
1503	1503		student exiting a Department of Juvenile Justice commitment 1010
1504	1504		program who chooses to participate in the scholarship program, 1011
1505	1505		the amount calculated pursuant to subparagraph 1. must be 1012
1506	1506		transferred from the school district in which the student last 1013
1507	1507		attended a public school before commitment to the Department of 1014
1508	1508		Juvenile Justice. 1015
1509	1509		c. The department is authorized to release the state funds 1016
1510	1510		contingent upon verification that the organization will comply 1017
1511	1511		with s. 1002.395(6)(l) based upon the organization's submitted 1018
1512	1512		verified list of eligible scholarship students pursuant to s. 1019
1513	1513		1002.395 For a student exiting a Department of Juvenile Justice 1020
1514	1514		commitment program who chooses to participate in the scholarship 1021
1515	1515		program, the amount of the Family Empowerment Scholarship 1022
1516	1516		calculated pursuant to subparagraph 2. must be transferred from 1023
1517	1517		the school district in which the student last attended a public 1024
1518	1518		school before commitment to the Department of Juvenile Justice. 1025
1519		-	~~ENROLLED~~
1520		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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1522		-
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	1520	+	CS/CS/HB 1403, Engrossed 1 2024
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1527	1527		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
1528	1528
1529	1529
1530	1530
1531	1531		When a student enters the scholarship program, the organization 1026
1532	1532		must receive all documentation required for the student's 1027
1533	1533		participation, including the private school's and the student's 1028
1534	1534		fee schedules, at least 30 days before the first quarterly 1029
1535	1535		scholarship payment is made for the student . 1030
1536	1536		4. The initial payment shall be made after the 1031
1537	1537		organization's verification of admission acceptance, and 1032
1538	1538		subsequent payments shall be made upon verification of continued 1033
1539	1539		enrollment and attendance at the participating private school. 1034
1540	1540		Payments for tuition and fees for full -time enrollment shall be 1035
1541	1541		made within 7 business days after approval by the parent 1036
1542	1542		pursuant to paragraph (10)(a) and the private school pursuant to 1037
1543	1543		paragraph (9)(b). Payment must be by funds transfer or any other 1038
1544	1544		means of payment that the department deems to be commercially 1039
1545	1545		viable or cost-effective. An organization shall ensure that the 1040
1546	1546		parent has approved a funds transfer before any scholarship 1041
1547	1547		funds are deposited. 1042
1548	1548		5. An organization may not transfer any funds to an 1043
1549	1549		account of a student determined eligible pursuant to paragraph 1044
1550	1550		(3)(a) which has a balance in excess of $24,000. 1045
1551	1551		(b)1. For the 2024-2025 2023-2024, school year, the 1046
1552	1552		maximum number of scholarships funded students participating in 1047
1553	1553		the scholarship program under paragraph (3)(b) shall be 72,615 1048
1554	1554		the number of students the organization and the department 1049
1555	1555		determined eligible pursuant to this section . Beginning in the 1050
1556		-	~~ENROLLED~~
1557		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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1559		-
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1564	1564		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
1565	1565
1566	1566
1567	1567
1568	1568		2025-2026 2024-2025 school year, the maximum number of 1051
1569	1569		scholarships funded students participating in the scholarship 1052
1570	1570		program under paragraph (3)(b) shall annually increase by 5 3.0 1053
1571	1571		percent of the state's total exc eptional student education full -1054
1572	1572		time equivalent student membership, not including gifted 1055
1573	1573		students. The maximum number of scholarships funded shall 1056
1574	1574		increase by 1 percent of the state's total exceptional student 1057
1575	1575		education full-time equivalent student members hip, not including 1058
1576	1576		gifted students, in the school year following any school year in 1059
1577	1577		which the number of scholarships funded exceeds 95 percent of 1060
1578	1578		the number of available scholarships for that school year. An 1061
1579	1579		eligible student who meets any of the following requirements 1062
1580	1580		shall be excluded from the maximum number of students if the 1063
1581	1581		student: 1064
1582	1582		a. Received specialized instructional services under the 1065
1583	1583		Voluntary Prekindergarten Education Program pursuant to s. 1066
1584	1584		1002.66 during the previous school year and the student has a 1067
1585	1585		current IEP developed by the district school board in accordance 1068
1586	1586		with rules of the State Board of Education; 1069
1587	1587		b. Is a dependent child of a law enforcement officer or a 1070
1588	1588		member of the United States Armed Forces, a foster child, or an 1071
1589	1589		adopted child; or 1072
1590	1590		c. Spent the prior school year in attendance at a Florida 1073
1591	1591		public school or the Florida School for the Deaf and the Blind. 1074
1592	1592		For purposes of this subparagraph, the term "prior school year 1075
1593		-	~~ENROLLED~~
1594		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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1601	1601		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
1602	1602
1603	1603
1604	1604
1605	1605		in attendance" means that the student was enrolled and reported 1076
1606	1606		by: 1077
1607	1607		(I) A school district for funding during either the 1078
1608	1608		preceding October or February full -time equivalent student 1079
1609	1609		membership surveys in kindergarten through grade 12, which 1080
1610	1610		includes time spent in a Department of Juvenile Justice 1081
1611	1611		commitment program if funde d under the Florida Education Finance 1082
1612	1612		Program; 1083
1613	1613		(II) The Florida School for the Deaf and the Blind during 1084
1614	1614		the preceding October or February full -time equivalent student 1085
1615	1615		membership surveys in kindergarten through grade 12; 1086
1616	1616		(III) A school district for fun ding during the preceding 1087
1617	1617		October or February full -time equivalent student membership 1088
1618	1618		surveys, was at least 4 years of age when enrolled and reported, 1089
1619	1619		and was eligible for services under s. 1003.21(1)(e); or 1090
1620	1620		(IV) Received a John M. McKay Scholarship for Students 1091
1621	1621		with Disabilities in the 2021 -2022 school year. 1092
1622	1622		2. For a student who has a Level I to Level III matrix of 1093
1623	1623		services or a diagnosis by a physician or psychologist, the 1094
1624	1624		calculated scholarship amount for a student participating in the 1095
1625	1625		program must be based upon the grade level and school district 1096
1626	1626		in which the student would have been enrolled as the total funds 1097
1627	1627		per unweighted full-time equivalent in the Florida Education 1098
1628	1628		Finance Program for a student in the basic exceptional student 1099
1629	1629		education program pursuant to s. 1011.62(1)(c) and (d), plus a 1100
1630		-	~~ENROLLED~~
1631		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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1638	1638		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
1639	1639
1640	1640
1641	1641
1642	1642		per full-time equivalent share of funds for the categorical 1101
1643	1643		programs established in s. 1011.62(5), (7)(a), (8), and (16), as 1102
1644	1644		funded in the General Appropriations Act. For the categorical 1103
1645	1645		program established in s . 1011.62(8), the funds must be 1104
1646	1646		allocated based on the school district's average exceptional 1105
1647	1647		student education guaranteed allocation funds per exceptional 1106
1648	1648		student education full -time equivalent student. 1107
1649	1649		3. For a student with a Level IV or Level V matrix of 1108
1650	1650		services, the calculated scholarship amount must be based upon 1109
1651	1651		the school district to which the student would have been 1110
1652	1652		assigned as the total funds per full -time equivalent for the 1111
1653	1653		Level IV or Level V exceptional student education program 1112
1654	1654		pursuant to s. 1011.62(1)(c)2.a. or b., plus a per -full time 1113
1655	1655		equivalent share of funds for the categorical programs 1114
1656	1656		established in s. 1011.62(5), (7)(a), and (16), as funded in the 1115
1657	1657		General Appropriations Act. 1116
1658	1658		4. For a student who received a Gardiner Scholarship 1117
1659	1659		pursuant to former s. 1002.385 in the 2020 -2021 school year, the 1118
1660	1660		amount shall be the greater of the amount calculated pursuant to 1119
1661	1661		subparagraph 2. or the amount the student received for the 2020 -1120
1662	1662		2021 school year. 1121
1663	1663		5. For a student who received a John M. Mc Kay Scholarship 1122
1664	1664		pursuant to former s. 1002.39 in the 2020 -2021 school year, the 1123
1665	1665		amount shall be the greater of the amount calculated pursuant to 1124
1666	1666		subparagraph 2. or the amount the student received for the 2020 -1125
1667		-	~~ENROLLED~~
1668		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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1675	1675		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
1676	1676
1677	1677
1678	1678
1679	1679		2021 school year. 1126
1680	1680		6. The organization must provide the department with the 1127
1681	1681		documentation necessary to verify the student's eligibility to 1128
1682	1682		participate in the scholarship program at least 30 days before 1129
1683	1683		each payment participation. 1130
1684	1684		7.a. For renewing scholarship students, upon receiving the 1131
1685	1685		verified list of eligible scholarship students, the department 1132
1686	1686		shall release, from state funds only, the amount calculated 1133
1687	1687		pursuant to subparagraph 1. to the organization for deposit into 1134
1688	1688		the student's account in quarterly payments no later than August 1135
1689	1689		1, November 1, February 1, and April 1 of each school year in 1136
1690	1690		which the scholarship is in force. 1137
1691	1691		b. For new scholarship students, upon receiving the 1138
1692	1692		verified list of eligible scholarship students documentation, 1139
1693	1693		the department shall release, from state funds only, the amount 1140
1694	1694		calculated pursuant to subparagraph 1. student's scholarship 1141
1695	1695		funds to the organization for deposit, to be deposited into the 1142
1696	1696		student's account in quarterly payments four equal amounts no 1143
1697	1697		later than September 1, November 1, February 1, and April 1 of 1144
1698	1698		each school year in which the scholarship is in force. 1145
1699	1699		8. If a scholarship student is attending an eligible 1146
1700	1700		private school full time, the initial payment shall be made 1147
1701	1701		after the organization's verification of admission acceptance, 1148
1702	1702		and subsequent payment s shall be made upon verification of 1149
1703	1703		continued enrollment and attendance at the eligible private 1150
1704		-	~~ENROLLED~~
1705		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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1712	1712		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
1713	1713
1714	1714
1715	1715
1716	1716		school. Payments for tuition and fees for full -time enrollment 1151
1717	1717		shall be made within 7 business days after approval by the 1152
1718	1718		parent pursuant to paragraph (10)(b) and the private school 1153
1719	1719		pursuant to paragraph (9)(b). 1154
1720	1720		9.8. Accrued interest in the student's account is in 1155
1721	1721		addition to, and not part of, the awarded funds. Program funds 1156
1722	1722		include both the awarded funds and accrued interest. 1157
1723	1723		10.9. The organization may dev elop a system for payment of 1158
1724	1724		benefits by funds transfer, including, but not limited to, debit 1159
1725	1725		cards, electronic payment cards, or any other means of payment 1160
1726	1726		which the department deems to be commercially viable or cost -1161
1727	1727		effective. A student's scholarship awa rd may not be reduced for 1162
1728	1728		debit card or electronic payment fees. Commodities or services 1163
1729	1729		related to the development of such a system must be procured by 1164
1730	1730		competitive solicitation unless they are purchased from a state 1165
1731	1731		term contract pursuant to s. 287.056. 1166
1732	1732		11.10. An organization may not transfer any funds to an 1167
1733	1733		account of a student determined to be eligible pursuant to 1168
1734	1734		paragraph (3)(b) which has a balance in excess of $50,000. 1169
1735	1735		12.11. Moneys received pursuant to this section do not 1170
1736	1736		constitute taxable incom e to the qualified student or the parent 1171
1737	1737		of the qualified student. 1172
1738	1738		(c) An organization may not submit a new scholarship 1173
1739	1739		student for funding after February 1. 1174
1740	1740		(d) Within 30 days after the release of state funds 1175
1741		-	~~ENROLLED~~
1742		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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1749	1749		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
1750	1750
1751	1751
1752	1752
1753	1753		pursuant to paragraphs (a) and (b), the e ligible scholarship-1176
1754	1754		funding organization shall certify to the department the amount 1177
1755	1755		of funds distributed for student scholarships. If the amount of 1178
1756	1756		funds released by the department is more than the amount 1179
1757	1757		distributed by the organization, the department is authorized to 1180
1758	1758		adjust the amount of the overpayment in the subsequent quarterly 1181
1759	1759		payment release. 1182
1760	1760		(16) TRANSITION-TO-WORK PROGRAM.—A student with a 1183
1761	1761		disability who is determined eligible pursuant to paragraph 1184
1762	1762		(3)(b) who is at least 17 years, but not older t han 22 years of 1185
1763	1763		age and who has not received a high school diploma or 1186
1764	1764		certificate of completion is eligible for enrollment in his or 1187
1765	1765		her participating private school's transition -to-work program. A 1188
1766	1766		transition-to-work program shall consist of academic 1189
1767	1767		instruction, work skills training, and a volunteer or paid work 1190
1768	1768		experience. 1191
1769	1769		(a) To offer a transition -to-work program, a participating 1192
1770	1770		private school must: 1193
1771	1771		1. Develop a transition -to-work program plan, which must 1194
1772	1772		include a written description of the academi c instruction and 1195
1773	1773		work skills training students will receive and the goals for 1196
1774	1774		students in the program. 1197
1775	1775		2. Submit the transition -to-work program plan to the 1198
1776	1776		Office of Independent Education and Parental Choice and consider 1199
1777	1777		any guidance provided by the dep artment pursuant to paragraph 1200
1778		-	~~ENROLLED~~
1779		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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1786	1786		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
1787	1787
1788	1788
1789	1789
1790	1790		(8)(d) relating to the plan . 1201
1791	1791		3. Develop a personalized transition -to-work program plan 1202
1792	1792		for each student enrolled in the program. The student's parent, 1203
1793	1793		the student, and the school principal must sign the personalized 1204
1794	1794		plan. The personalized plan must be submitted to the Office of 1205
1795	1795		Independent Education and Parental Choice upon request by the 1206
1796	1796		office. 1207
1797	1797		4. Provide a release of liability form that must be signed 1208
1798	1798		by the student's parent, the student, and a representative of 1209
1799	1799		the business offering the volunteer or paid work experience. 1210
1800	1800		5. Assign a case manager or job coach to visit the 1211
1801	1801		student's job site on a weekly basis to observe the student and, 1212
1802	1802		if necessary, provide support and guidance to the student. 1213
1803	1803		6. Provide to the parent and student a quarterly report 1214
1804	1804		that documents and explains the student's progress and 1215
1805	1805		performance in the program. 1216
1806	1806		7. Maintain accurate attendance and performance records 1217
1807	1807		for the student. 1218
1808	1808		(b) A student enrolled in a transition -to-work program 1219
1809	1809		must, at a minimum: 1220
1810	1810		1. Receive 15 instructional hours at the participating 1221
1811	1811		private school's physical facility, which must include academic 1222
1812	1812		instruction and work skills training. 1223
1813	1813		2. Participate in 10 hours of work at the student's 1224
1814	1814		volunteer or paid work experienc e. 1225
1815		-	~~ENROLLED~~
1816		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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1823	1823		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
1824	1824
1825	1825
1826	1826
1827	1827		(c) To participate in a transition -to-work program, a 1226
1828	1828		business must: 1227
1829	1829		1. Maintain an accurate record of the student's 1228
1830	1830		performance and hours worked and provide the information to the 1229
1831	1831		participating private school. 1230
1832	1832		2. Comply with all state and federal child labor laws. 1231
1833	1833		Section 4. Paragraph (c) of subsection (1), paragraphs (b) 1232
1834	1834		and (f) of subsection (2), subsection (3), paragraphs (a) and 1233
1835	1835		(c) of subsection (4), paragraphs (c) through (i) and (l), (p), 1234
1836	1836		(q), (t), (u), and (w) of subsection (6), subsec tions (7) and 1235
1837	1837		(8), paragraphs (d), (e), (f), and (i) of subsection (9), 1236
1838	1838		paragraph (b) of subsection (10), paragraphs (c), (f), and (h) 1237
1839	1839		of subsection (11), and subsection (15) of section 1002.395, 1238
1840	1840		Florida Statutes, are amended, and paragraph (y) is added to 1239
1841	1841		subsection (6) and paragraph (i) is added to subsection (11) of 1240
1842	1842		that section, to read: 1241
1843	1843		1002.395 Florida Tax Credit Scholarship Program. — 1242
1844	1844		(1) FINDINGS AND PURPOSE. — 1243
1845	1845		(c) The purpose of this section is not to prescribe the 1244
1846	1846		standards or curriculum for participating private schools. A 1245
1847	1847		participating private school retains the authority to determine 1246
1848	1848		its own standards and curriculum. 1247
1849	1849		(2) DEFINITIONS.—As used in this section, the term: 1248
1850	1850		(b) "Choice navigator" means an individual who meets the 1249
1851	1851		requirements of sub-subparagraph (6)(d)4.h. (6)(d)2.h. and who 1250
1852		-	~~ENROLLED~~
1853		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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1860	1860		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
1861	1861
1862	1862
1863	1863
1864	1864		provides consultations, at a mutually agreed upon location, on 1251
1865	1865		the selection of, application for, and enrollment in educational 1252
1866	1866		options addressing the academic needs of a student; curriculum 1253
1867	1867		selection; and advice on career and postsecondary educat ion 1254
1868	1868		opportunities. However, nothing in this section authorizes a 1255
1869	1869		choice navigator to oversee or exercise control over the 1256
1870	1870		curricula or academic programs of a personalized education 1257
1871	1871		program. 1258
1872	1872		(f) "Eligible contribution" means a monetary contribution 1259
1873	1873		from a taxpayer, subject to the restrictions provided in this 1260
1874	1874		section, to an eligible nonprofit scholarship -funding 1261
1875	1875		organization pursuant to this section and ss. 212.099, 212.1831, 1262
1876	1876		and 212.1832, and 1002.40. The taxpayer making the contribution 1263
1877	1877		may not designate a specific child as the beneficiary of the 1264
1878	1878		contribution. 1265
1879	1879		(3) PROGRAM; INITIAL SCHOLARSHIP ELIGIBILITY. — 1266
1880	1880		(a) The Florida Tax Credit Scholarship Program is 1267
1881	1881		established. 1268
1882	1882		(b)1. A student is eligible for a Florida tax credit 1269
1883	1883		scholarship under this sectio n if the student: 1270
1884	1884		a. Is a resident of this state or the dependent child of 1271
1885	1885		an active duty member of the United States Armed Forces who has 1272
1886	1886		received permanent change of station orders to this state or, at 1273
1887	1887		the time of renewal, whose home of record or state of legal 1274
1888	1888		residence is Florida; and 1275
1889		-	~~ENROLLED~~
1890		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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1897	1897		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
1898	1898
1899	1899
1900	1900
1901	1901		b. Is eligible to enroll in kindergarten through grade 12 1276
1902	1902		in a public school in this state or received a scholarship under 1277
1903	1903		the Hope Scholarship Program in the 2023 -2024 school year. 1278
1904	1904		2. Priority must be given in the f ollowing order: 1279
1905	1905		a. A student whose household income level does not exceed 1280
1906	1906		185 percent of the federal poverty level or who is in foster 1281
1907	1907		care or out-of-home care. 1282
1908	1908		b. A student whose household income level exceeds 185 1283
1909	1909		percent of the federal poverty level, but does not exceed 400 1284
1910	1910		percent of the federal poverty level. 1285
1911	1911		(4) SCHOLARSHIP PROHIBITIONS. —A student is not eligible 1286
1912	1912		for a scholarship while he or she is: 1287
1913	1913		(a) Enrolled full time in a public school, including, but 1288
1914	1914		not limited to, the Florida School fo r the Deaf and the Blind, 1289
1915	1915		the College-Preparatory Boarding Academy, the Florida School for 1290
1916	1916		Competitive Academics, the Florida Virtual School, the Florida 1291
1917	1917		Scholars Academy, a developmental research school authorized 1292
1918	1918		under s. 1002.32, or a charter school aut horized under this 1293
1919	1919		chapter. For purposes of this paragraph, a 3 - or 4-year-old 1294
1920	1920		child who receives services funded through the Florida Education 1295
1921	1921		Finance Program is considered a student enrolled full-time in a 1296
1922	1922		public school; 1297
1923	1923		(c) Receiving any other educati onal scholarship pursuant 1298
1924	1924		to this chapter. However, an eligible public school student 1299
1925	1925		receiving a scholarship under s. 1002.411 may receive a 1300
1926		-	~~ENROLLED~~
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1934	1934		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
1935	1935
1936	1936
1937	1937
1938	1938		scholarship for transportation pursuant to subparagraph 1301
1939	1939		(6)(d)4.; 1302
1940	1940		(6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARS HIP-FUNDING 1303
1941	1941		ORGANIZATIONS.—An eligible nonprofit scholarship -funding 1304
1942	1942		organization: 1305
1943	1943		(c) Must not have an owner or operator , as defined in 1306
1944	1944		subparagraph (2)(k)1., who owns or operates an eligible private 1307
1945	1945		school that is participating in the scholarship progr am. 1308
1946	1946		(d)1. For the 2023-2024 school year, may fund no more than 1309
1947	1947		20,000 scholarships for students who are enrolled pursuant to 1310
1948	1948		paragraph (7)(b). The number of scholarships funded for such 1311
1949	1949		students may increase by 40,000 in each subsequent school year. 1312
1950	1950		This subparagraph is repealed July 1, 2027. 1313
1951	1951		2. Shall establish a process for parents who are in 1314
1952	1952		compliance with paragraph (7)(a) to renew their students' 1315
1953	1953		scholarships. Renewal applications for the 2025 -2026 school year 1316
1954	1954		and thereafter must provide for a renew al timeline beginning 1317
1955	1955		February 1 of the prior school year and ending April 30 of the 1318
1956	1956		prior school year. A student's renewal is contingent upon an 1319
1957	1957		eligible private school providing confirmation of admission 1320
1958	1958		pursuant to subsection (8). The process must requi re that 1321
1959	1959		parents confirm that the scholarship is being renewed or 1322
1960	1960		declined by May 31. 1323
1961	1961		3. Shall establish a process that allows a parent to apply 1324
1962	1962		for a new scholarship. The process must be in a manner that 1325
1963		-	~~ENROLLED~~
1964		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
1965		-
1966		-
1967		-
1968		-	CODING: Words stricken are deletions; words underlined are additions.
1969		-	hb1403-~~04-er~~
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	1964	+	CS/CS/HB 1403, Engrossed 1 2024
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1970	1970		Page 54 of 110
1971	1971		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
1972	1972
1973	1973
1974	1974
1975	1975		creates a written or electronic record of the appl ication 1326
1976	1976		request and the date of receipt of the application request. The 1327
1977	1977		process must require that parents confirm that the scholarship 1328
1978	1978		is being accepted or declined by a date set by the organization. 1329
1979	1979		4.2. Must establish and maintain separate scholarship 1330
1980	1980		empowerment accounts from eligible contributions for each 1331
1981	1981		eligible student. For each account, the organization must 1332
1982	1982		maintain a record of accrued interest retained in the student's 1333
1983	1983		account. The organization must verify that scholarship funds are 1334
1984	1984		used for: 1335
1985	1985		a. Tuition and fees for full -time or part-time enrollment 1336
1986	1986		in an eligible private school. 1337
1987	1987		b. Transportation to a Florida public school in which a 1338
1988	1988		student is enrolled and that is different from the school to 1339
1989	1989		which the student was assigned or to a lab scho ol as defined in 1340
1990	1990		s. 1002.32. 1341
1991	1991		c. Instructional materials, including digital materials 1342
1992	1992		and Internet resources. 1343
1993	1993		d. Curriculum as defined in s. 1002.394(2). 1344
1994	1994		e. Tuition and fees associated with full -time or part-time 1345
1995	1995		enrollment in a home education instruc tional program; an 1346
1996	1996		eligible postsecondary educational institution or a program 1347
1997	1997		offered by the postsecondary educational institution, unless the 1348
1998	1998		program is subject to s. 1009.25 or reimbursed pursuant to s. 1349
1999	1999		1009.30; an approved preapprenticeship program as defined in s. 1350
2000		-	~~ENROLLED~~
2001		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
2002		-
2003		-
2004		-
2005		-	CODING: Words stricken are deletions; words underlined are additions.
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	2001	+	CS/CS/HB 1403, Engrossed 1 2024
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2007	2007		Page 55 of 110
2008	2008		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
2009	2009
2010	2010
2011	2011
2012	2012		446.021(5) which is not subject to s. 1009.25 and complies with 1351
2013	2013		all applicable requirements of the Department of Education 1352
2014	2014		pursuant to chapter 1005; a private tutoring program authorized 1353
2015	2015		under s. 1002.43; a virtual program offered by a depart ment-1354
2016	2016		approved private online provider that meets the provider 1355
2017	2017		qualifications specified in s. 1002.45(2)(a); the Florida 1356
2018	2018		Virtual School as a private paying student; or an approved 1357
2019	2019		online course offered pursuant to s. 1003.499 or s. 1004.0961. 1358
2020	2020		f. Fees for nationally standardized, norm -referenced 1359
2021	2021		achievement tests, Advanced Placement Examinations, industry 1360
2022	2022		certification examinations, assessments related to postsecondary 1361
2023	2023		education, or other assessments. 1362
2024	2024		g. Contracted services provided by a public school or 1363
2025	2025		school district, including classes. A student who receives 1364
2026	2026		contracted services under this sub -subparagraph is not 1365
2027	2027		considered enrolled in a public school for eligibility purposes 1366
2028	2028		as specified in subsection (11) but rather attending a public 1367
2029	2029		school on a part-time basis as authorized under s. 1002.44. 1368
2030	2030		h. Tuition and fees for part -time tutoring services or 1369
2031	2031		fees for services provided by a choice navigator. Such services 1370
2032	2032		must be provided by a person who holds a valid Florida 1371
2033	2033		educator's certificate pursuant to s. 1012.56, a person who 1372
2034	2034		holds an adjunct teaching certificate pursuant to s. 1012.57, a 1373
2035	2035		person who has a bachelor's degree or a graduate degree in the 1374
2036	2036		subject area in which instruction is given, a person who has 1375
2037		-	~~ENROLLED~~
2038		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
2039		-
2040		-
2041		-
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	2038	+	CS/CS/HB 1403, Engrossed 1 2024
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2044	2044		Page 56 of 110
2045	2045		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
2046	2046
2047	2047
2048	2048
2049	2049		demonstrated a mastery of subject area know ledge pursuant to s. 1376
2050	2050		1012.56(5), or a person certified by a nationally or 1377
2051	2051		internationally recognized research -based training program as 1378
2052	2052		approved by the Department of Education. As used in this 1379
2053	2053		paragraph, the term "part -time tutoring services" does not 1380
2054	2054		qualify as regular school attendance as defined in s. 1381
2055	2055		1003.01(16)(e). 1382
2056	2056		(e) For students determined eligible pursuant to paragraph 1383
2057	2057		(7)(b), must: 1384
2058	2058		1. Establish a process for parents who are in compliance 1385
2059	2059		with subparagraph (7)(b)1. to apply for a new scholarshi p. New 1386
2060	2060		scholarship applications for the 2025 -2026 school year and 1387
2061	2061		thereafter must provide for an application timeline beginning 1388
2062	2062		February 1 of the prior school year and ending April 30 of the 1389
2063	2063		prior school year. The process must require that parents confirm 1390
2064	2064		that the scholarship is being accepted or declined by May 31. 1391
2065	2065		2. Establish a process for parents who are in compliance 1392
2066	2066		with paragraph (7)(b) to renew their students' scholarships. 1393
2067	2067		Renewal scholarship applications for the 2025 -2026 school year 1394
2068	2068		and thereafter must provide for a renewal timeline beginning 1395
2069	2069		February 1 of the prior school year and ending April 30 of the 1396
2070	2070		prior school year. The process must require that parents confirm 1397
2071	2071		that the scholarship is being renewed or declined by May 31. 1398
2072	2072		3.1. Maintain a signed agreement from the parent which 1399
2073	2073		constitutes compliance with the attendance requirements under 1400
2074		-	~~ENROLLED~~
2075		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
2076		-
2077		-
2078		-
2079		-	CODING: Words stricken are deletions; words underlined are additions.
2080		-	hb1403-~~04-er~~
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	2075	+	CS/CS/HB 1403, Engrossed 1 2024
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2081	2081		Page 57 of 110
2082	2082		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
2083	2083
2084	2084
2085	2085
2086	2086		ss. 1003.01(16) and 1003.21(1). 1401
2087	2087		4.2. Receive eligible student test scores and, beginning 1402
2088	2088		with the 2027-2028 school year, by August 15, annually report 1403
2089	2089		test scores for students pursuant to paragraph (7)(b) to a state 1404
2090	2090		university pursuant to paragraph (9)(f). 1405
2091	2091		5.3. Provide parents with information, guidance, and 1406
2092	2092		support to create and annually update a student learning plan 1407
2093	2093		for their student. The organizatio n must maintain the plan and 1408
2094	2094		allow parents to electronically submit, access, and revise the 1409
2095	2095		plan continuously. 1410
2096	2096		6.4. Upon submission by the parent of an annual student 1411
2097	2097		learning plan, fund a scholarship for a student determined 1412
2098	2098		eligible. 1413
2099	2099		(f) Must give first priority to eligible renewal students 1414
2100	2100		who received a scholarship from an eligible nonprofit 1415
2101	2101		scholarship-funding organization or from the State of Florida 1416
2102	2102		during the previous school year. The eligible nonprofit 1417
2103	2103		scholarship-funding organization must full y apply and exhaust 1418
2104	2104		all funds available under this section and s. 1002.40(11)(i) for 1419
2105	2105		renewal scholarship awards before awarding any initial 1420
2106	2106		scholarships. 1421
2107	2107		(g) Must provide a new renewal or initial scholarship to 1422
2108	2108		an eligible student on a first -come, first-served basis unless 1423
2109	2109		the student is seeking priority eligibility qualifies for 1424
2110	2110		priority pursuant to subsection (3) paragraph (f). 1425
2111		-	~~ENROLLED~~
2112		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
2113		-
2114		-
2115		-
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2117		-	hb1403-~~04-er~~
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	2112	+	CS/CS/HB 1403, Engrossed 1 2024
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2119	2119		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
2120	2120
2121	2121
2122	2122
2123	2123		(h) Each eligible nonprofit scholarship -funding 1426
2124	2124		organization Must refer any student eligible for a scholarship 1427
2125	2125		pursuant to this section who did not receive a renewal or 1428
2126	2126		initial scholarship based solely on the lack of available funds 1429
2127	2127		under this section and s. 1002.40(11)(i) to another eligible 1430
2128	2128		nonprofit scholarship -funding organization that may have funds 1431
2129	2129		available. 1432
2130	2130		(i) May not restrict or reserve scholarships for use at a 1433
2131	2131		particular eligible private school or provide scholarships to a 1434
2132	2132		child of an owner or operator as defined in subparagraph 1435
2133	2133		(2)(k)1. 1436
2134	2134		(l)1. May use eligible contributions received pursuant to 1437
2135	2135		this section and ss. 212.099, 212.1831, and 212.1832, and 1438
2136	2136		1002.40 during the state fiscal year in which such contributions 1439
2137	2137		are collected for administrative expenses if the organization 1440
2138	2138		has operated as an eligible nonprofit scholarship -funding 1441
2139	2139		organization for at least the pr eceding 3 fiscal years and did 1442
2140	2140		not have any findings of material weakness or material 1443
2141	2141		noncompliance in its most recent audit under paragraph (o) or is 1444
2142	2142		in good standing in each state in which it administers a 1445
2143	2143		scholarship program and the audited financial st atements for the 1446
2144	2144		preceding 3 fiscal years are free of material misstatements and 1447
2145	2145		going concern issues. Administrative expenses from eligible 1448
2146	2146		contributions may not exceed 3 percent of the total amount of 1449
2147	2147		all scholarships funded by an eligible scholarship -funding 1450
2148		-	~~ENROLLED~~
2149		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
2150		-
2151		-
2152		-
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2154		-	hb1403-~~04-er~~
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	2149	+	CS/CS/HB 1403, Engrossed 1 2024
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2156	2156		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
2157	2157
2158	2158
2159	2159
2160	2160		organization under this chapter. Such administrative expenses 1451
2161	2161		must be reasonable and necessary for the organization's 1452
2162	2162		management and distribution of scholarships funded under this 1453
2163	2163		chapter. Administrative expenses may include developing or 1454
2164	2164		contracting with rideshare programs or facilitating carpool 1455
2165	2165		strategies for recipients of a transportation scholarship under 1456
2166	2166		s. 1002.394. No funds authorized under this subparagraph shall 1457
2167	2167		be used for lobbying or political activity or expenses related 1458
2168	2168		to lobbying or political activity. Up to one -third of the funds 1459
2169	2169		authorized for administrative expenses under this subparagraph 1460
2170	2170		may be used for expenses related to the recruitment of 1461
2171	2171		contributions from taxpayers. An eligible nonprofit scholarship -1462
2172	2172		funding organization may no t charge an application fee. 1463
2173	2173		2. Must expend for annual or partial -year scholarships 100 1464
2174	2174		percent of any eligible contributions from the prior fiscal 1465
2175	2175		year. 1466
2176	2176		3.2. Must expend award for annual or partial -year 1467
2177	2177		scholarships an amount equal to or greater than 75 percent of 1468
2178	2178		all estimated net eligible contributions, as defined in 1469
2179	2179		subsection (2), and all funds carried forward from the prior 1470
2180	2180		state fiscal year remaining after administrative expenses during 1471
2181	2181		the state fiscal year in which such eligible contributions are 1472
2182	2182		collected before funding any scholarships to students determined 1473
2183	2183		eligible pursuant to s. 1002.394(3)(a) . No more than 25 percent 1474
2184	2184		of such net eligible contributions may be carrie d forward to the 1475
2185		-	~~ENROLLED~~
2186		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
2187		-
2188		-
2189		-
2190		-	CODING: Words stricken are deletions; words underlined are additions.
2191		-	hb1403-~~04-er~~
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2193	2193		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
2194	2194
2195	2195
2196	2196
2197	2197		following state fiscal year. All amounts carried forward, for 1476
2198	2198		audit purposes, must be specifically identified for particular 1477
2199	2199		students, by student name and the name of the school to which 1478
2200	2200		the student is admitted, subject to the requirements of ss. 1479
2201	2201		1002.22 and 1002.221 and 20 U.S.C. s. 1232g, and the applicable 1480
2202	2202		rules and regulations issued pursuant thereto. Any amounts 1481
2203	2203		carried forward shall be expended for annual or partial -year 1482
2204	2204		scholarships in the following state fiscal year. No later than 1483
2205	2205		September 30 of each year, net Eligible contributions remaining 1484
2206	2206		on June 30 of each year that are in excess of the 25 percent 1485
2207	2207		that may be carried forward shall be used to provide 1486
2208	2208		scholarships to eligible students or transferred to other 1487
2209	2209		eligible nonprofit sc holarship-funding organizations to provide 1488
2210	2210		scholarships for eligible students. All transferred funds must 1489
2211	2211		be deposited by each eligible nonprofit scholarship -funding 1490
2212	2212		organization receiving such funds into its scholarship account. 1491
2213	2213		All transferred amounts re ceived by any eligible nonprofit 1492
2214	2214		scholarship-funding organization must be separately disclosed in 1493
2215	2215		the annual financial audit required under paragraph (o). 1494
2216	2216		4.3. Must, before granting a scholarship for an academic 1495
2217	2217		year, document each scholarship student's eligibility for that 1496
2218	2218		academic year. A scholarship -funding organization may not grant 1497
2219	2219		multiyear scholarships in one approval process. 1498
2220	2220		(p) Must prepare and submit quarterly reports to the 1499
2221	2221		Department of Education pursuant to paragraph (9)(i). In 1500
2222		-	~~ENROLLED~~
2223		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
2224		-
2225		-
2226		-
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	2223	+	CS/CS/HB 1403, Engrossed 1 2024
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2229	2229		Page 61 of 110
2230	2230		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
2231	2231
2232	2232
2233	2233
2234	2234		addition, an eligible nonprofit scholarship -funding organization 1501
2235	2235		must submit in a timely manner the verified list of eligible 1502
2236	2236		scholarship students and any information requested by the 1503
2237	2237		Department of Education relating to the scholarship program. 1504
2238	2238		(q)1.a. Must partici pate in the joint development of 1505
2239	2239		agreed-upon procedures during the 2009 -2010 state fiscal year. 1506
2240	2240		The agreed-upon procedures must uniformly apply to all private 1507
2241	2241		schools and must determine, at a minimum, whether the private 1508
2242	2242		school has been verified as eligibl e by the Department of 1509
2243	2243		Education under s. 1002.421; has an adequate accounting system, 1510
2244	2244		system of financial controls, and process for deposit and 1511
2245	2245		classification of scholarship funds; and has properly expended 1512
2246	2246		scholarship funds for education -related expenses. During the 1513
2247	2247		development of the procedures, the participating scholarship -1514
2248	2248		funding organizations shall specify guidelines governing the 1515
2249	2249		materiality of exceptions that may be found during the 1516
2250	2250		accountant's performance of the procedures. The procedures and 1517
2251	2251		guidelines shall be provided to private schools and the 1518
2252	2252		Commissioner of Education by March 15, 2011. 1519
2253	2253		b. Must participate in a joint review of the agreed -upon 1520
2254	2254		procedures and guidelines developed under sub -subparagraph a., 1521
2255	2255		by February of each biennium, if the scholarship-funding 1522
2256	2256		organization provided more than $250,000 in scholarship funds 1523
2257	2257		under this chapter during the state fiscal year preceding the 1524
2258	2258		biennial review. If the procedures and guidelines are revised, 1525
2259		-	~~ENROLLED~~
2260		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
2261		-
2262		-
2263		-
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2265		-	hb1403-~~04-er~~
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	2260	+	CS/CS/HB 1403, Engrossed 1 2024
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2266	2266		Page 62 of 110
2267	2267		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
2268	2268
2269	2269
2270	2270
2271	2271		the revisions must be provided to private school s and the 1526
2272	2272		Commissioner of Education by March 15 of the year in which the 1527
2273	2273		revisions were completed. The revised agreed -upon procedures and 1528
2274	2274		guidelines shall take effect the subsequent school year. 1529
2275	2275		c. Must monitor the compliance of a participating private 1530
2276	2276		school with s. 1002.421(1)(q) if the scholarship -funding 1531
2277	2277		organization provided the majority of the scholarship funding to 1532
2278	2278		the school. For each participating private school subject to s. 1533
2279	2279		1002.421(1)(q), the appropriate scholarship -funding organization 1534
2280	2280		shall annually notify the Commissioner of Education by October 1535
2281	2281		30 of: 1536
2282	2282		(I) A private school's failure to submit a report required 1537
2283	2283		under s. 1002.421(1)(q); or 1538
2284	2284		(II) Any material exceptions set forth in the report 1539
2285	2285		required under s. 1002.421(1)(q). 1540
2286	2286		2. Must seek input from the accrediting associations that 1541
2287	2287		are members of the Florida Association of Academic Nonpublic 1542
2288	2288		Schools and the Department of Education when jointly developing 1543
2289	2289		the agreed-upon procedures and guidelines under sub -subparagraph 1544
2290	2290		1.a. and conducting a review of those procedures and guidelines 1545
2291	2291		under sub-subparagraph 1.b. 1546
2292	2292		(t)1. Must develop a participate in the joint development 1547
2293	2293		of agreed-upon purchasing handbook that includes policies 1548
2294	2294		guidelines for authorized uses of scholarship funds under 1549
2295	2295		paragraph (d) and s. 1002.394(4)(a) this chapter. The handbook 1550
2296		-	~~ENROLLED~~
2297		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
2298		-
2299		-
2300		-
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	2297	+	CS/CS/HB 1403, Engrossed 1 2024
	2298	+
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2304	2304		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
2305	2305
2306	2306
2307	2307
2308	2308		must include, at a minimum, a routinely updated list of 1551
2309	2309		prohibited items and services, and items or services that 1552
2310	2310		require preauthorization or additional documentation. By August 1553
2311	2311		1, 2024 December 31, 2023, and by each July 1 December 31 1554
2312	2312		thereafter, the purchasing handbook guidelines must be provided 1555
2313	2313		to the Commissioner of Education and published on the eligible 1556
2314	2314		nonprofit scholarship -funding organization's website. Published 1557
2315	2315		purchasing guidelines shall re main in effect until there is 1558
2316	2316		unanimous agreement to revise the guidelines, and the Any 1559
2317	2317		revisions must be provided to the commissioner and published on 1560
2318	2318		the organization's website within 30 days after such revisions. 1561
2319	2319		2. The organization shall assist the F lorida Center for 1562
2320	2320		Students with Unique Abilities established under s. 1004.6495 1563
2321	2321		with the development of purchasing guidelines, which must 1564
2322	2322		include a routinely updated list of prohibited items and 1565
2323	2323		services, and items or services for which preauthorization or 1566
2324	2324		additional documentation is required, for authorized uses of 1567
2325	2325		scholarship funds under s. 1002.394(4)(b) and publish the 1568
2326	2326		guidelines on the organization's website. 1569
2327	2327		3. If the organization fails to submit the purchasing 1570
2328	2328		handbook required by subparagraph 1., the Department of 1571
2329	2329		Education may assess a financial penalty, not to exceed $10,000, 1572
2330	2330		as prescribed by State Board of Education rule. This 1573
2331	2331		subparagraph expires July 1, 2026. 1574
2332	2332		(u) May permit eligible students to use program funds for 1575
2333		-	~~ENROLLED~~
2334		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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2339		-	hb1403-~~04-er~~
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2341	2341		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
2342	2342
2343	2343
2344	2344
2345	2345		the purposes specified in paragraph (d), as authorized in the 1576
2346	2346		organization's purchasing handbook, by paying for the authorized 1577
2347	2347		use directly, then submitting a reimbursement request to the 1578
2348	2348		eligible nonprofit scholarship -funding organization. However, an 1579
2349	2349		eligible nonprofit scholarsh ip-funding organization may require 1580
2350	2350		the use of an online platform for direct purchases of products 1581
2351	2351		so long as such use does not limit a parent's choice of 1582
2352	2352		curriculum or academic programs. If a parent purchases a product 1583
2353	2353		identical to one offered by an organ ization's online platform 1584
2354	2354		for a lower price, the organization shall reimburse the parent 1585
2355	2355		the cost of the product. 1586
2356	2356		(w) Shall commit scholarship funds on behalf of the 1587
2357	2357		student for tuition and fees for which the parent is responsible 1588
2358	2358		for payment at the participating private school before using 1589
2359	2359		scholarship empowerment account funds for additional authorized 1590
2360	2360		uses under paragraph (d). 1591
2361	2361		(y) Must establish a process to collect input and feedback 1592
2362	2362		from parents, private schools, and providers before implementing 1593
2363	2363		substantial modifications or enhancements to the reimbursement 1594
2364	2364		process. 1595
2365	2365		1596
2366	2366		Information and documentation provided to the Department of 1597
2367	2367		Education and the Auditor General relating to the identity of a 1598
2368	2368		taxpayer that provides an eligible contribution under this 1599
2369	2369		section shall remain confidential at all times in accordance 1600
2370		-	~~ENROLLED~~
2371		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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2378	2378		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
2379	2379
2380	2380
2381	2381
2382	2382		with s. 213.053. 1601
2383	2383		(7) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 1602
2384	2384		PARTICIPATION.— 1603
2385	2385		(a) A parent who applies for a scholarship whose student 1604
2386	2386		will be enrolled full time in an eligible a private school must: 1605
2387	2387		1. Select an eligible private school and apply for the 1606
2388	2388		admission of his or her child. 1607
2389	2389		2. Request the scholarship by the date established by the 1608
2390	2390		organization in a manner that creates a written or electronic 1609
2391	2391		record of the request and the date of receipt of the request. 1610
2392	2392		3.a. Beginning with new applications for the 2025 -2026 1611
2393	2393		school year and thereafter, notify the organization by a date 1612
2394	2394		set by the organization that the scholarship is being accepted 1613
2395	2395		or declined. 1614
2396	2396		b. Beginning with renewal a pplications for the 2025 -2026 1615
2397	2397		school year and thereafter, notify the organization by May 31 1616
2398	2398		that the scholarship is being renewed or declined. 1617
2399	2399		4.2. Inform the applicable child's school district when 1618
2400	2400		the parent withdraws his or her student from a public school 1619
2401	2401		child to attend an eligible private school. 1620
2402	2402		5.3. Require his or her student participating in the 1621
2403	2403		program to remain in attendance at the eligible private school 1622
2404	2404		throughout the school year unless excused by the school for 1623
2405	2405		illness or other good cause and comply with the private school's 1624
2406	2406		published policies. 1625
2407		-	~~ENROLLED~~
2408		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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2415	2415		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
2416	2416
2417	2417
2418	2418
2419	2419		6.4. Meet with the eligible private school's principal or 1626
2420	2420		the principal's designee to review the school's academic 1627
2421	2421		programs and policies, specialized services, code of student 1628
2422	2422		conduct, and attenda nce policies before enrollment in the 1629
2423	2423		private school. 1630
2424	2424		7.5. Require his or her student participating in the 1631
2425	2425		program to take the norm -referenced assessment offered by the 1632
2426	2426		participating private school. The parent may also choose to have 1633
2427	2427		the student particip ate in the statewide assessments pursuant to 1634
2428	2428		s. 1008.22. If the parent requests that the student 1635
2429	2429		participating in the scholarship program take statewide 1636
2430	2430		assessments pursuant to s. 1008.22 and the participating private 1637
2431	2431		school has not chosen to offer and adm inister the statewide 1638
2432	2432		assessments, the parent is responsible for transporting the 1639
2433	2433		student to the assessment site designated by the school 1640
2434	2434		district. 1641
2435	2435		8.6. Approve each payment before the scholarship funds may 1642
2436	2436		be deposited by funds transfer. The parent may not designate any 1643
2437	2437		entity or individual associated with the participating private 1644
2438	2438		school as the parent's attorney in fact to approve a funds 1645
2439	2439		transfer. A participant who fails to comply with this paragraph 1646
2440	2440		forfeits the scholarship. 1647
2441	2441		9.7. Authorize the nonprofit scholarship-funding 1648
2442	2442		organization to access information needed for income eligibility 1649
2443	2443		determination and verification held by other state or federal 1650
2444		-	~~ENROLLED~~
2445		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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2450		-	hb1403-~~04-er~~
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2452	2452		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
2453	2453
2454	2454
2455	2455
2456	2456		agencies, including the Department of Revenue, the Department of 1651
2457	2457		Children and Families, the Department o f Education, the 1652
2458	2458		Department of Commerce Economic Opportunity , and the Agency for 1653
2459	2459		Health Care Administration , for students seeking priority 1654
2460	2460		eligibility. 1655
2461	2461		10.8. Agree to have the organization commit scholarship 1656
2462	2462		funds on behalf of his or her student for tuit ion and fees for 1657
2463	2463		which the parent is responsible for payment at the participating 1658
2464	2464		private school before using scholarship empowerment account 1659
2465	2465		funds for additional authorized uses under paragraph (6)(d). A 1660
2466	2466		parent is responsible for all eligible expenses in excess of the 1661
2467	2467		amount of the scholarship. 1662
2468	2468		11. Comply with the scholarship application and renewal 1663
2469	2469		processes and requirements established by the organization. 1664
2470	2470		(b) A parent whose student will not be enrolled full time 1665
2471	2471		in a public or private school must: 1666
2472	2472		1. Apply to an eligible nonprofit scholarship -funding 1667
2473	2473		organization to participate in the program as a personalized 1668
2474	2474		education student by a date set by the organization. The request 1669
2475	2475		must be communicated directly to the organization in a manner 1670
2476	2476		that creates a written or electronic record of the request and 1671
2477	2477		the date of receipt of the request. Beginning with new and 1672
2478	2478		renewal applications for the 2025 -2026 school year and 1673
2479	2479		thereafter, notify the organization by May 31 that the 1674
2480	2480		scholarship is being accepted, renewe d, or declined. 1675
2481		-	~~ENROLLED~~
2482		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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2484		-
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2487		-	hb1403-~~04-er~~
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2489	2489		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
2490	2490
2491	2491
2492	2492
2493	2493		2. Sign an agreement with the organization and annually 1676
2494	2494		submit a sworn compliance statement to the organization to 1677
2495	2495		satisfy or maintain program eligibility, including eligibility 1678
2496	2496		to receive and spend program payments, by: 1679
2497	2497		a. Affirming that the program funds are used only for 1680
2498	2498		authorized purposes serving the student's educational needs, as 1681
2499	2499		described in paragraph (6)(d), and that they will not receive a 1682
2500	2500		payment, refund, or rebate of any funds provided under this 1683
2501	2501		section. 1684
2502	2502		b. Affirming that the parent is responsible for all 1685
2503	2503		eligible expenses in excess of the amount of the scholarship and 1686
2504	2504		for the education of his or her student. 1687
2505	2505		c. Submitting a student learning plan to the organization 1688
2506	2506		and revising the plan at least annually before program r enewal. 1689
2507	2507		d. Requiring his or her student to take a nationally norm -1690
2508	2508		referenced test identified by the Department of Education, or a 1691
2509	2509		statewide assessment under s. 1008.22, and provide assessment 1692
2510	2510		results to the organization before the student's program 1693
2511	2511		renewal. 1694
2512	2512		e. Complying with the scholarship application and renewal 1695
2513	2513		processes and requirements established by the organization 1696
2514	2514		Renewing participation in the program each year . A student whose 1697
2515	2515		participation in the program is not renewed may continue to 1698
2516	2516		spend scholarship funds that are in his or her account from 1699
2517	2517		prior years unless the account must be closed pursuant to s. 1700
2518		-	~~ENROLLED~~
2519		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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2524		-	hb1403-~~04-er~~
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2526	2526		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
2527	2527
2528	2528
2529	2529
2530	2530		1002.394(5)(a)2. 1701
2531	2531		f. Procuring the services necessary to educate the 1702
2532	2532		student. When the student receives a scholarship, the district 1703
2533	2533		school board is not obligated to provide the student with a free 1704
2534	2534		appropriate public education. 1705
2535	2535		1706
2536	2536		For purposes of this paragraph, full -time enrollment does not 1707
2537	2537		include enrollment at a private school that addresses regular 1708
2538	2538		and direct contact with teachers through the s tudent learning 1709
2539	2539		plan in accordance with s. 1002.421(1)(i). 1710
2540	2540		(c) A parent may not apply for multiple scholarships under 1711
2541	2541		this section and s. 1002.394 for an individual student at the 1712
2542	2542		same time. 1713
2543	2543		1714
2544	2544		An eligible nonprofit scholarship -funding organization may not 1715
2545	2545		further regulate, exercise control over, or require 1716
2546	2546		documentation beyond the requirements of this subsection unless 1717
2547	2547		the regulation, control, or documentation is necessary for 1718
2548	2548		participation in the program. 1719
2549	2549		(8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS. —An 1720
2550	2550		eligible private school may be sectarian or nonsectarian and 1721
2551	2551		must: 1722
2552	2552		(a) Comply with all requirements for private schools 1723
2553	2553		participating in state school choice scholarship programs 1724
2554	2554		pursuant to s. 1002.421. 1725
2555		-	~~ENROLLED~~
2556		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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2563	2563		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
2564	2564
2565	2565
2566	2566
2567	2567		(b) Provide to the organization all documentat ion required 1726
2568	2568		for a student's participation, including confirmation of the 1727
2569	2569		student's admission to the private school, the private school's 1728
2570	2570		and student's fee schedules, and any other information required 1729
2571	2571		by the organization to process scholarship payment pur suant to 1730
2572	2572		paragraph (11)(c). Such information must be provided by the 1731
2573	2573		deadlines established by the organization and in accordance with 1732
2574	2574		the requirements of this section. A student is not eligible to 1733
2575	2575		receive a quarterly scholarship payment if the private scho ol 1734
2576	2576		fails to meet the deadline. 1735
2577	2577		(c)(b)1. Annually administer or make provision for 1736
2578	2578		students participating in the scholarship program in grades 3 1737
2579	2579		through 10 to take one of the nationally norm -referenced tests 1738
2580	2580		identified by the department of Education or the statewide 1739
2581	2581		assessments pursuant to s. 1008.22. Students with disabilities 1740
2582	2582		for whom standardized testing is not appropriate are exempt from 1741
2583	2583		this requirement. A participating private school must report a 1742
2584	2584		student's scores to the parent. A participating priva te school 1743
2585	2585		must annually report by August 15 the scores of all 1744
2586	2586		participating students to a state university described in 1745
2587	2587		paragraph (9)(f). 1746
2588	2588		2. Administer the statewide assessments pursuant to s. 1747
2589	2589		1008.22 if a participating private school chooses to offer th e 1748
2590	2590		statewide assessments. A participating private school may choose 1749
2591	2591		to offer and administer the statewide assessments to all 1750
2592		-	~~ENROLLED~~
2593		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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2600	2600		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
2601	2601
2602	2602
2603	2603
2604	2604		students who attend the participating private school in grades 3 1751
2605	2605		through 10 and must submit a request in writing to the 1752
2606	2606		Department of Education by March 1 of each year in order to 1753
2607	2607		administer the statewide assessments in the subsequent school 1754
2608	2608		year. 1755
2609	2609		1756
2610	2610		If a participating private school fails to meet the requirements 1757
2611	2611		of this subsection or s. 1002.421, the commissioner may 1758
2612	2612		determine that the participating private school is ineligible to 1759
2613	2613		participate in the scholarship program. 1760
2614	2614		(9) DEPARTMENT OF EDUCATION OBLIGATIONS. —The Department of 1761
2615	2615		Education shall: 1762
2616	2616		(d) Notify eligible nonprofit scholarship -funding 1763
2617	2617		organizations of the deadlines for subm itting the verified list 1764
2618	2618		of eligible scholarship students; cross-check the verified list 1765
2619	2619		of participating scholarship students with the public school 1766
2620	2620		enrollment lists to avoid duplication ; and, when the Florida 1767
2621	2621		Education Finance Program is recalculated, ad just the amount of 1768
2622	2622		state funds allocated to school districts through the Florida 1769
2623	2623		Education Finance Program based upon the results of the cross -1770
2624	2624		check. 1771
2625	2625		(e) Maintain and annually publish a list of nationally 1772
2626	2626		norm-referenced tests identified for purposes of satisfying the 1773
2627	2627		testing requirement in subparagraph (8)(c)1. (8)(b)1. The tests 1774
2628	2628		must meet industry standards of quality in accordance with State 1775
2629		-	~~ENROLLED~~
2630		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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2637	2637		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
2638	2638
2639	2639
2640	2640
2641	2641		Board of Education rule. 1776
2642	2642		(f) Issue a project grant award to a state university, to 1777
2643	2643		which participating private schools and eligible nonprofit 1778
2644	2644		scholarship-funding organizations must report the scores of 1779
2645	2645		participating students on the nationally norm -referenced tests 1780
2646	2646		or the statewide assessments administered in grades 3 through 1781
2647	2647		10. The project term is 2 years, and th e amount of the project 1782
2648	2648		is up to $250,000 per year. The project grant award must be 1783
2649	2649		reissued in 2-year intervals in accordance with this paragraph. 1784
2650	2650		1. The state university must annually report to the 1785
2651	2651		Department of Education on the student performance of 1786
2652	2652		participating students and, beginning with the 2027 -2028 school 1787
2653	2653		year, on the performance of personalized education students: 1788
2654	2654		a. On a statewide basis. The report shall also include, to 1789
2655	2655		the extent possible, a comparison of scholarship students' 1790
2656	2656		performance to the statewide student performance of public 1791
2657	2657		school students with socioeconomic backgrounds similar to those 1792
2658	2658		of students participating in the scholarship program. To 1793
2659	2659		minimize costs and reduce time required for the state 1794
2660	2660		university's analysis and evaluat ion, the Department of 1795
2661	2661		Education shall coordinate with the state university to provide 1796
2662	2662		data to the state university in order to conduct analyses of 1797
2663	2663		matched students from public school assessment data and 1798
2664	2664		calculate control group student performance using an agreed-upon 1799
2665	2665		methodology with the state university; and 1800
2666		-	~~ENROLLED~~
2667		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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2674	2674		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
2675	2675
2676	2676
2677	2677
2678	2678		b. On an individual school basis for students enrolled 1801
2679	2679		full time in a private school. The annual report must include 1802
2680	2680		student performance for each participating private school in 1803
2681	2681		which enrolled stude nts in the private school participated in a 1804
2682	2682		scholarship program under this section or, s. 1002.394(12)(a), 1805
2683	2683		or s. 1002.40 in the prior school year. The report shall be 1806
2684	2684		according to each participating private school, and for 1807
2685	2685		participating students, in which there are at least 30 1808
2686	2686		participating students who have scores for tests administered. 1809
2687	2687		If the state university determines that the 30 -participating-1810
2688	2688		student cell size may be reduced without disclosing personally 1811
2689	2689		identifiable information, as described in 34 C. F.R. s. 99.12, of 1812
2690	2690		a participating student, the state university may reduce the 1813
2691	2691		participating-student cell size, but the cell size must not be 1814
2692	2692		reduced to less than 10 participating students. The department 1815
2693	2693		shall provide each participating private school's prior school 1816
2694	2694		year's student enrollment information to the state university no 1817
2695	2695		later than June 15 of each year, or as requested by the state 1818
2696	2696		university. 1819
2697	2697		2. The sharing and reporting of student performance data 1820
2698	2698		under this paragraph must be in accordance wit h requirements of 1821
2699	2699		ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g, the Family 1822
2700	2700		Educational Rights and Privacy Act, and the applicable rules and 1823
2701	2701		regulations issued pursuant thereto, and shall be for the sole 1824
2702	2702		purpose of creating the annual report required by subparagraph 1825
2703		-	~~ENROLLED~~
2704		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
2705		-
2706		-
2707		-
2708		-	CODING: Words stricken are deletions; words underlined are additions.
2709		-	hb1403-~~04-er~~
	2703	+
	2704	+	CS/CS/HB 1403, Engrossed 1 2024
	2705	+
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2711	2711		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
2712	2712
2713	2713
2714	2714
2715	2715		1. All parties must preserve the confidentiality of such 1826
2716	2716		information as required by law. The annual report must not 1827
2717	2717		disaggregate data to a level that will identify individual 1828
2718	2718		participating schools, except as required under sub -subparagraph 1829
2719	2719		1.b., or disclose the academic level of individual students. 1830
2720	2720		3. The annual report required by subparagraph 1. shall be 1831
2721	2721		published by the Department of Education on its website. 1832
2722	2722		(i) Require quarterly reports by an eligible nonprofit 1833
2723	2723		scholarship-funding organization regarding the number of 1834
2724	2724		students participating in the scholarship program;, the private 1835
2725	2725		schools at which the students are enrolled ; the number of 1836
2726	2726		scholarship applications received, the number of applications 1837
2727	2727		processed within 30 days after receipt, and the number of 1838
2728	2728		incomplete applications received; data related to reimbursement 1839
2729	2729		submissions, including the average number of days for a 1840
2730	2730		reimbursement to be reviewed and the average number of days for 1841
2731	2731		a reimbursement to be approved; any parent input and feedback 1842
2732	2732		collected regarding the program; , and any other information 1843
2733	2733		deemed necessary by the Department of Education. 1844
2734	2734		(10) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS. — 1845
2735	2735		(b) Upon the request of the Department of Education, a 1846
2736	2736		school district shall coor dinate with the department to provide 1847
2737	2737		to a participating private school the statewide assessments 1848
2738	2738		administered under s. 1008.22 and any related materials for 1849
2739	2739		administering the assessments. A school district is responsible 1850
2740		-	~~ENROLLED~~
2741		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
2742		-
2743		-
2744		-
2745		-	CODING: Words stricken are deletions; words underlined are additions.
2746		-	hb1403-~~04-er~~
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	2741	+	CS/CS/HB 1403, Engrossed 1 2024
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2748	2748		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
2749	2749
2750	2750
2751	2751
2752	2752		for implementing test administrati ons at a participating private 1851
2753	2753		school, including the: 1852
2754	2754		1. Provision of training for participating private school 1853
2755	2755		staff on test security and assessment administration procedures; 1854
2756	2756		2. Distribution of testing materials to a participating 1855
2757	2757		private school; 1856
2758	2758		3. Retrieval of testing materials from a participating 1857
2759	2759		private school; 1858
2760	2760		4. Provision of the required format for a participating 1859
2761	2761		private school to submit information to the district for test 1860
2762	2762		administration and enrollment purposes; and 1861
2763	2763		5. Provision of any required assistance, monitoring, or 1862
2764	2764		investigation at a participating private school. 1863
2765	2765		(11) SCHOLARSHIP AMOUNT AND PAYMENT. — 1864
2766	2766		(c) If a scholarship student is attending an eligible 1865
2767	2767		private school full time, the initial payment shall be made 1866
2768	2768		after the organization's verification of admission acceptance, 1867
2769	2769		and subsequent payments shall be made upon verification of 1868
2770	2770		continued enrollment and attendance at the eligible private 1869
2771	2771		school. Payments shall be made within 7 business days after 1870
2772	2772		approval by the parent pursua nt to paragraph (7)(a) and the 1871
2773	2773		private school pursuant to paragraph (8)(b) An eligible 1872
2774	2774		nonprofit scholarship -funding organization shall obtain 1873
2775	2775		verification from the private school of a student's continued 1874
2776	2776		attendance at the school for each period covered by a 1875
2777		-	~~ENROLLED~~
2778		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
2779		-
2780		-
2781		-
2782		-	CODING: Words stricken are deletions; words underlined are additions.
2783		-	hb1403-~~04-er~~
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	2778	+	CS/CS/HB 1403, Engrossed 1 2024
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2785	2785		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
2786	2786
2787	2787
2788	2788
2789	2789		scholarship payment. 1876
2790	2790		(f) A scholarship awarded to an eligible student shall 1877
2791	2791		remain in force until: 1878
2792	2792		1. The organization determines that the student is not 1879
2793	2793		eligible for program renewal; 1880
2794	2794		2. The Commissioner of Education suspends or revokes 1881
2795	2795		program participation or use of funds; 1882
2796	2796		3. The student's parent has forfeited participation in the 1883
2797	2797		program for failure to comply with subsection (7); 1884
2798	2798		4. The student who uses the scholarship for full -time 1885
2799	2799		tuition and fees at an eligible private school pursuant t o 1886
2800	2800		paragraph (7)(a) enrolls full time in a public school. However, 1887
2801	2801		if a student enters a Department of Juvenile Justice detention 1888
2802	2802		center for a period of no more than 21 days, the student is not 1889
2803	2803		considered to have returned to a public school on a full -time 1890
2804	2804		basis for that purpose; or 1891
2805	2805		5. The student graduates from high school or attains 21 1892
2806	2806		years of age, whichever occurs first. 1893
2807	2807		(h) A student's scholarship account must be closed and any 1894
2808	2808		remaining funds shall revert to the state after: 1895
2809	2809		1. Denial or revocatio n of program eligibility by the 1896
2810	2810		commissioner for fraud or abuse, including, but not limited to, 1897
2811	2811		the student or student's parent accepting any payment, refund, 1898
2812	2812		or rebate, in any manner, from a provider of any services 1899
2813	2813		received pursuant to paragraph (6)(d); or 1900
2814		-	~~ENROLLED~~
2815		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
2816		-
2817		-
2818		-
2819		-	CODING: Words stricken are deletions; words underlined are additions.
2820		-	hb1403-~~04-er~~
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	2815	+	CS/CS/HB 1403, Engrossed 1 2024
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2822	2822		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
2823	2823
2824	2824
2825	2825
2826	2826		2. Two consecutive fiscal years in which an account has 1901
2827	2827		been inactive; or 1902
2828	2828		3. The student remains unenrolled in an eligible private 1903
2829	2829		school for 30 days while receiving a scholarship that requires 1904
2830	2830		full-time enrollment. 1905
2831	2831		(i) Moneys received pursuant to this section do not 1906
2832	2832		constitute taxable income to the qualified student or the parent 1907
2833	2833		of the qualified student. 1908
2834	2834		(15) NONPROFIT SCHOLARSHIP -FUNDING ORGANIZATIONS; 1909
2835	2835		APPLICATION.—In order to participate in the scholarship program 1910
2836	2836		created under this section, a charitable organization that seeks 1911
2837	2837		to be a nonprofit scholarship -funding organization must submit 1912
2838	2838		an application for initial approval or renewal to the Office of 1913
2839	2839		Independent Education and Parental Choice. The office shall 1914
2840	2840		provide at least two application periods in which Charitable 1915
2841	2841		organizations may apply at any time to participate in the 1916
2842	2842		program. 1917
2843	2843		(a) An application for initial approval must include: 1918
2844	2844		1. A copy of the organization's incorporation documents 1919
2845	2845		and registration with the Division of Corporat ions of the 1920
2846	2846		Department of State. 1921
2847	2847		2. A copy of the organization's Internal Revenue Service 1922
2848	2848		determination letter as a s. 501(c)(3) not -for-profit 1923
2849	2849		organization. 1924
2850	2850		3. A description of the organization's financial plan that 1925
2851		-	~~ENROLLED~~
2852		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
2853		-
2854		-
2855		-
2856		-	CODING: Words stricken are deletions; words underlined are additions.
2857		-	hb1403-~~04-er~~
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	2852	+	CS/CS/HB 1403, Engrossed 1 2024
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2859	2859		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
2860	2860
2861	2861
2862	2862
2863	2863		demonstrates sufficient funds to op erate throughout the school 1926
2864	2864		year. 1927
2865	2865		4. A description of the geographic region that the 1928
2866	2866		organization intends to serve and an analysis of the demand and 1929
2867	2867		unmet need for eligible students in that area. 1930
2868	2868		5. The organization's organizational chart. 1931
2869	2869		6. A description of the criteria and methodology that the 1932
2870	2870		organization will use to evaluate scholarship eligibility. 1933
2871	2871		7. A description of the application process, including 1934
2872	2872		deadlines and any associated fees. 1935
2873	2873		8. A description of the deadlines for attendance 1936
2874	2874		verification and scholarship payments. 1937
2875	2875		9. A copy of the organization's policies on conflict of 1938
2876	2876		interest and whistleblowers. 1939
2877	2877		10. A copy of a surety bond or letter of credit to secure 1940
2878	2878		the faithful performance of the obligations of the eligible 1941
2879	2879		nonprofit scholarship-funding organization in accordance with 1942
2880	2880		this section in an amount equal to 25 percent of the scholarship 1943
2881	2881		funds anticipated for each school year or $100,000, whichever is 1944
2882	2882		greater. The surety bond or letter of credit must specify that 1945
2883	2883		any claim against the bond or letter of credit may be made only 1946
2884	2884		by an eligible nonprofit scholarship -funding organization to 1947
2885	2885		provide scholarships to and on behalf of students who would have 1948
2886	2886		had scholarships funded if it were not for the diversion of 1949
2887	2887		funds giving rise to th e claim against the bond or letter of 1950
2888		-	~~ENROLLED~~
2889		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
2890		-
2891		-
2892		-
2893		-	CODING: Words stricken are deletions; words underlined are additions.
2894		-	hb1403-~~04-er~~
	2888	+
	2889	+	CS/CS/HB 1403, Engrossed 1 2024
	2890	+
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2896	2896		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
2897	2897
2898	2898
2899	2899
2900	2900		credit. 1951
2901	2901		(b) In addition to the information required by 1952
2902	2902		subparagraphs (a)1.-9., an application for renewal must include: 1953
2903	2903		1. A surety bond or letter of credit to secure the 1954
2904	2904		faithful performance of the obligations of the eligible 1955
2905	2905		nonprofit scholarship -funding organization in accordance with 1956
2906	2906		this section equal to the amount of undisbursed donations held 1957
2907	2907		by the organization based on the annual report submitted 1958
2908	2908		pursuant to paragraph (6)(o). The amount of the surety bond o r 1959
2909	2909		letter of credit must be at least $100,000, but not more than 1960
2910	2910		$25 million. The surety bond or letter of credit must specify 1961
2911	2911		that any claim against the bond or letter of credit may be made 1962
2912	2912		only by an eligible nonprofit scholarship -funding organization 1963
2913	2913		to provide scholarships to and on behalf of students who would 1964
2914	2914		have had scholarships funded if it were not for the diversion of 1965
2915	2915		funds giving rise to the claim against the bond or letter of 1966
2916	2916		credit. 1967
2917	2917		2. The organization's completed Internal Revenue Service 1968
2918	2918		Form 990 submitted no later than November 30 of the year before 1969
2919	2919		the school year that the organization intends to offer the 1970
2920	2920		scholarships, notwithstanding the department's application 1971
2921	2921		deadline. 1972
2922	2922		3. A copy of the statutorily required audit to the 1973
2923	2923		Department of Education and Auditor General. 1974
2924	2924		4. An annual report that includes: 1975
2925		-	~~ENROLLED~~
2926		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
2927		-
2928		-
2929		-
2930		-	CODING: Words stricken are deletions; words underlined are additions.
2931		-	hb1403-~~04-er~~
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	2926	+	CS/CS/HB 1403, Engrossed 1 2024
	2927	+
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2933	2933		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
2934	2934
2935	2935
2936	2936
2937	2937		a. The number of students who completed applications, by 1976
2938	2938		county and by grade. 1977
2939	2939		b. The number of students who were approved for 1978
2940	2940		scholarships, by county and by grade. 1979
2941	2941		c. The number of students who received funding for 1980
2942	2942		scholarships within each funding category, by county and by 1981
2943	2943		grade. 1982
2944	2944		d. The amount of funds received, the amount of funds 1983
2945	2945		distributed in scholarships, and an accounting of remaining 1984
2946	2946		funds and the obligation of those funds. 1985
2947	2947		e. A detailed accounting of how the organization spent the 1986
2948	2948		administrative funds allowable under paragraph (6)(l). 1987
2949	2949		f. Documentation of compliance with the requirements of 1988
2950	2950		paragraph (6)(t). 1989
2951	2951		(c) In consultation with the Department of Revenue and the 1990
2952	2952		Chief Financial Officer, the Office of Independent Education and 1991
2953	2953		Parental Choice shall review the application. The Department of 1992
2954	2954		Education shall notify the organization in writing of any 1993
2955	2955		deficiencies within 30 days after receipt of the application and 1994
2956	2956		allow the organization 30 days to correct any deficiencies. 1995
2957	2957		(d) Within 30 days after receipt of the finalized 1996
2958	2958		application by the Office of Independent Education and Parental 1997
2959	2959		Choice, the Commissioner of Education shall recommend approval 1998
2960	2960		or disapproval of the ap plication to the State Board of 1999
2961	2961		Education. The State Board of Education shall consider the 2000
2962		-	~~ENROLLED~~
2963		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
2964		-
2965		-
2966		-
2967		-	CODING: Words stricken are deletions; words underlined are additions.
2968		-	hb1403-~~04-er~~
	2962	+
	2963	+	CS/CS/HB 1403, Engrossed 1 2024
	2964	+
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2970	2970		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
2971	2971
2972	2972
2973	2973
2974	2974		application and recommendation at the next scheduled meeting, 2001
2975	2975		adhering to appropriate meeting notice requirements. If the 2002
2976	2976		State Board of Education disapproves the or ganization's 2003
2977	2977		application, it shall provide the organization with a written 2004
2978	2978		explanation of that determination. The State Board of 2005
2979	2979		Education's action is not subject to chapter 120. 2006
2980	2980		(e) If the State Board of Education disapproves the 2007
2981	2981		renewal of a nonprofit scholarship-funding organization, the 2008
2982	2982		organization must notify the affected eligible students and 2009
2983	2983		parents of the decision within 15 days after disapproval. An 2010
2984	2984		eligible student affected by the disapproval of an 2011
2985	2985		organization's participation remains eligible under this section 2012
2986	2986		until the end of the school year in which the organization was 2013
2987	2987		disapproved. The student must apply and be accepted by another 2014
2988	2988		eligible nonprofit scholarship -funding organization for the 2015
2989	2989		upcoming school year. The student shall be given pr iority in 2016
2990	2990		accordance with paragraph (6)(g). 2017
2991	2991		(f) All remaining funds held by a nonprofit scholarship -2018
2992	2992		funding organization that is disapproved for participation must 2019
2993	2993		be transferred to other eligible nonprofit scholarship -funding 2020
2994	2994		organizations to provide sc holarships for eligible students. All 2021
2995	2995		transferred funds must be deposited by each eligible nonprofit 2022
2996	2996		scholarship-funding organization receiving such funds into its 2023
2997	2997		scholarship account. All transferred amounts received by any 2024
2998	2998		eligible nonprofit scholarship -funding organization must be 2025
2999		-	~~ENROLLED~~
3000		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
3001		-
3002		-
3003		-
3004		-	CODING: Words stricken are deletions; words underlined are additions.
3005		-	hb1403-~~04-er~~
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	3000	+	CS/CS/HB 1403, Engrossed 1 2024
	3001	+
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3007	3007		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
3008	3008
3009	3009
3010	3010
3011	3011		separately disclosed in the annual financial audit required 2026
3012	3012		under subsection (6). 2027
3013	3013		(g) A nonprofit scholarship -funding organization is a 2028
3014	3014		renewing organization if it maintains continuous approval and 2029
3015	3015		participation in the progra m. An organization that chooses not 2030
3016	3016		to participate for 1 year or more or is disapproved to 2031
3017	3017		participate for 1 year or more must submit an application for 2032
3018	3018		initial approval in order to participate in the program again. 2033
3019	3019		(h) The State Board of Education shall adopt rules 2034
3020	3020		providing guidelines for receiving, reviewing, and approving 2035
3021	3021		applications for new and renewing nonprofit scholarship -funding 2036
3022	3022		organizations. The rules must include a process for compiling 2037
3023	3023		input and recommendations from the Chief Financial Offic er, the 2038
3024	3024		Department of Revenue, and the Department of Education. The 2039
3025	3025		rules must also require that the nonprofit scholarship -funding 2040
3026	3026		organization make a brief presentation to assist the State Board 2041
3027	3027		of Education in its decision. 2042
3028	3028		(i) A state university; or a n independent college or 2043
3029	3029		university which is eligible to participate in the William L. 2044
3030	3030		Boyd, IV, Effective Access to Student Education Grant Program, 2045
3031	3031		located and chartered in this state, is not for profit, and is 2046
3032	3032		accredited by the Commission on Colleges of the Southern 2047
3033	3033		Association of Colleges and Schools, is exempt from the initial 2048
3034	3034		or renewal application process, but must file a registration 2049
3035	3035		notice with the Department of Education to be an eligible 2050
3036		-	~~ENROLLED~~
3037		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
3038		-
3039		-
3040		-
3041		-	CODING: Words stricken are deletions; words underlined are additions.
3042		-	hb1403-~~04-er~~
	3036	+
	3037	+	CS/CS/HB 1403, Engrossed 1 2024
	3038	+
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3044	3044		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
3045	3045
3046	3046
3047	3047
3048	3048		nonprofit scholarship -funding organization. The State Board of 2051
3049	3049		Education shall adopt rules that identify the procedure for 2052
3050	3050		filing the registration notice with the department. The rules 2053
3051	3051		must identify appropriate reporting requirements for fiscal, 2054
3052	3052		programmatic, and performance accountability purposes consistent 2055
3053	3053		with this section, but shall not exceed the requirements for 2056
3054	3054		eligible nonprofit scholarship -funding organizations for 2057
3055	3055		charitable organizations. 2058
3056	3056		Section 5. Section 1002.40, Florida Statutes, is amended 2059
3057	3057		to read: 2060
3058	3058		1002.40 The Hope Scholarship Program. — 2061
3059	3059		(1) PURPOSE.—The Hope Scholarship Program is established 2062
3060	3060		to provide the parent of a public school student who was 2063
3061	3061		subjected to an incident listed in subsection (3) an opportunity 2064
3062	3062		to transfer the student to another public school or to request a 2065
3063	3063		scholarship for the student to enroll in and attend an eligible 2066
3064	3064		private school. 2067
3065	3065		(2) DEFINITIONS.—As used in this section, the term: 2068
3066	3066		(a) "Dealer" has the same meaning as provided in s. 2069
3067	3067		212.06. 2070
3068	3068		(b) "Department" means the Department of Education. 2071
3069	3069		(c) "Designated age nt" has the same meaning as provided in 2072
3070	3070		s. 212.06(10). 2073
3071	3071		(d) "Eligible contribution" or "contribution" means a 2074
3072	3072		monetary contribution from a person purchasing a motor vehicle, 2075
3073		-	~~ENROLLED~~
3074		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
3075		-
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3081	3081		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
3082	3082
3083	3083
3084	3084
3085	3085		subject to the restrictions provided in this section, to an 2076
3086	3086		eligible nonprofit sc holarship-funding organization. The person 2077
3087	3087		making the contribution may not designate a specific student as 2078
3088	3088		the beneficiary of the contribution. 2079
3089	3089		(e) "Eligible nonprofit scholarship -funding organization" 2080
3090	3090		or "organization" has the same meaning as provided i n s. 2081
3091	3091		1002.395(2). 2082
3092	3092		(f) "Eligible private school" has the same meaning as 2083
3093	3093		provided in s. 1002.395(2). 2084
3094	3094		(g) "Motor vehicle" has the same meaning as provided in s. 2085
3095	3095		320.01(1)(a), but does not include a heavy truck, truck tractor, 2086
3096	3096		trailer, or motorcycle. 2087
3097	3097		(a)(h) "Parent" means a resident of this state who is a 2088
3098	3098		parent, as defined in s. 1000.21, and whose student reported an 2089
3099	3099		incident in accordance with subsection (4)(6). 2090
3100	3100		(b)(i) "Program" means the Hope Scholarship Program. 2091
3101	3101		(c)(j) "School" means any educatio nal program or activity 2092
3102	3102		conducted by a public K -12 educational institution, any school -2093
3103	3103		related or school-sponsored program or activity, and riding on a 2094
3104	3104		school bus, as defined in s. 1006.25(1), including waiting at a 2095
3105	3105		school bus stop. 2096
3106	3106		(k) "Unweighted FTE f unding amount" means the statewide 2097
3107	3107		average total funds per unweighted full -time equivalent funding 2098
3108	3108		amount that is incorporated by reference in the General 2099
3109	3109		Appropriations Act, or by a subsequent special appropriations 2100
3110		-	~~ENROLLED~~
3111		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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3118	3118		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
3119	3119
3120	3120
3121	3121
3122	3122		act, for the applicable state fiscal ye ar. 2101
3123	3123		(3) PROGRAM ELIGIBILITY. —Beginning with the 2018 -2019 2102
3124	3124		school year, contingent upon available funds, and on a first -2103
3125	3125		come, first-served basis, A student enrolled in a Florida public 2104
3126	3126		school in kindergarten through grade 12 is eligible for the 2105
3127	3127		educational options described in subsection (4) a scholarship 2106
3128	3128		under this program if the student reported an incident in 2107
3129	3129		accordance with that subsection (6). For purposes of this 2108
3130	3130		section, the term "incident" means battery; harassment; hazing; 2109
3131	3131		bullying; kidnapping; physical attack; robbery; sexual offenses, 2110
3132	3132		harassment, assault, or battery; threat or intimidation; or 2111
3133	3133		fighting at school, as defined by the department in accordance 2112
3134	3134		with s. 1006.09(6). 2113
3135	3135		(4) PROGRAM PROHIBITIONS. —Payment of a scholarship to a 2114
3136	3136		student enrolled in a private school may not be made if a 2115
3137	3137		student is: 2116
3138	3138		(a) Enrolled in a public school, including, but not 2117
3139	3139		limited to, the Florida School for the Deaf and the Blind; the 2118
3140	3140		College-Preparatory Boarding Academy; a developmental research 2119
3141	3141		school authorized under s. 1002.32; or a charter school 2120
3142	3142		authorized under s. 1002.33, s. 1002.331, or s. 1002.332; 2121
3143	3143		(b) Enrolled in a school operating for the purpose of 2122
3144	3144		providing educational services to youth in the Department of 2123
3145	3145		Juvenile Justice commitment program s; 2124
3146	3146		(c) Participating in a virtual school, correspondence 2125
3147		-	~~ENROLLED~~
3148		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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3153		-	hb1403-~~04-er~~
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	3148	+	CS/CS/HB 1403, Engrossed 1 2024
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3154	3154		Page 86 of 110
3155	3155		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
3156	3156
3157	3157
3158	3158
3159	3159		school, or distance learning program that receives state funding 2126
3160	3160		pursuant to the student's participation unless the participation 2127
3161	3161		is limited to no more than two courses per school year; or 2128
3162	3162		(d) Receiving any other educational scholarship pursuant 2129
3163	3163		to this chapter. 2130
3164	3164		(5) TERM OF HOPE SCHOLARSHIP. —For purposes of continuity 2131
3165	3165		of educational choice, a Hope scholarship shall remain in force 2132
3166	3166		until the student returns to public school or graduates from 2133
3167	3167		high school, whichever occurs first. A scholarship student who 2134
3168	3168		enrolls in a public school or public school program is 2135
3169	3169		considered to have returned to a public school for the purpose 2136
3170	3170		of determining the end of the scholarship's term. 2137
3171	3171		(4)(6) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS. — 2138
3172	3172		(a) Upon receipt of a report of an incident, the school 2139
3173	3173		principal, or his or her designee, shall provide a copy of the 2140
3174	3174		report to the parent and investigate the incident to determine 2141
3175	3175		if the incident must be reported as requir ed by s. 1006.09(6). 2142
3176	3176		Within 24 hours after receipt of the report, the principal or 2143
3177	3177		his or her designee shall provide a copy of the report to the 2144
3178	3178		parent of the alleged offender and to the superintendent. Upon 2145
3179	3179		conclusion of the investigation or within 15 day s after the 2146
3180	3180		incident was reported, whichever occurs first, the school 2147
3181	3181		district shall notify the parent of the program , and offer the 2148
3182	3182		parent an opportunity to enroll his or her student in another 2149
3183	3183		public school that has capacity , and notify the parent of the ir 2150
3184		-	~~ENROLLED~~
3185		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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3190		-	hb1403-~~04-er~~
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	3185	+	CS/CS/HB 1403, Engrossed 1 2024
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3192	3192		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
3193	3193
3194	3194
3195	3195
3196	3196		eligibility or to apply for request and receive a scholarship to 2151
3197	3197		attend an eligible private school under ss. 1002.394 and 2152
3198	3198		1002.395, subject to available funding . A parent who chooses to 2153
3199	3199		enroll his or her student in a public school located outside the 2154
3200	3200		district in which the student resides pursuant to s. 1002.31 2155
3201	3201		shall be eligible for a scholarship to transport the student as 2156
3202	3202		provided in paragraph (11)(b). 2157
3203	3203		(b) For each student participating in the program in an 2158
3204	3204		eligible private school who chooses to parti cipate in the 2159
3205	3205		statewide assessments under s. 1008.22 or the Florida Alternate 2160
3206	3206		Assessment, the school district in which the student resides 2161
3207	3207		must notify the student and his or her parent about the 2162
3208	3208		locations and times to take all statewide assessments. 2163
3209	3209		(7) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS. —An 2164
3210	3210		eligible private school may be sectarian or nonsectarian and 2165
3211	3211		shall: 2166
3212	3212		(a) Comply with all requirements for private schools 2167
3213	3213		participating in state school choice scholarship programs 2168
3214	3214		pursuant to this section and s. 1002.421. 2169
3215	3215		(b)1. Annually administer or make provision for students 2170
3216	3216		participating in the program in grades 3 through 10 to take one 2171
3217	3217		of the nationally norm -referenced tests identified by the 2172
3218	3218		department or the statewide assessments pursuant to s. 1008.2 2. 2173
3219	3219		Students with disabilities for whom standardized testing is not 2174
3220	3220		appropriate are exempt from this requirement. A participating 2175
3221		-	~~ENROLLED~~
3222		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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	3222	+	CS/CS/HB 1403, Engrossed 1 2024
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3229	3229		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
3230	3230
3231	3231
3232	3232
3233	3233		private school shall report a student's scores to his or her 2176
3234	3234		parent. 2177
3235	3235		2. Administer the statewide assessments pursuant to s. 2178
3236	3236		1008.22 if a private school chooses to offer the statewide 2179
3237	3237		assessments. A participating private school may choose to offer 2180
3238	3238		and administer the statewide assessments to all students who 2181
3239	3239		attend the private school in grades 3 through 10 and must submit 2182
3240	3240		a request in writing to the department by March 1 of each year 2183
3241	3241		in order to administer the statewide assessments in the 2184
3242	3242		subsequent school year. 2185
3243	3243		2186
3244	3244		If a private school fails to meet the requirements of this 2187
3245	3245		subsection or s. 1002.421, the commissioner may determine tha t 2188
3246	3246		the private school is ineligible to participate in the program. 2189
3247	3247		(8) DEPARTMENT OF EDUCATION OBLIGATIONS. —The department 2190
3248	3248		shall: 2191
3249	3249		(a) Cross-check the list of participating scholarship 2192
3250	3250		students with the public school enrollment lists to avoid 2193
3251	3251		duplication and, when the Florida Education Finance Program is 2194
3252	3252		recalculated, adjust the amount of state funds allocated to 2195
3253	3253		school districts through the Florida Education Finance Program 2196
3254	3254		based upon the results of the cross -check. 2197
3255	3255		(b) Maintain a list of nationally no rm-referenced tests 2198
3256	3256		identified for purposes of satisfying the testing requirement in 2199
3257	3257		paragraph (9)(f). The tests must meet industry standards of 2200
3258		-	~~ENROLLED~~
3259		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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3266	3266		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
3267	3267
3268	3268
3269	3269
3270	3270		quality in accordance with State Board of Education rule. 2201
3271	3271		(c) Require quarterly reports by an eligible nonpro fit 2202
3272	3272		scholarship-funding organization regarding the number of 2203
3273	3273		students participating in the program, the private schools in 2204
3274	3274		which the students are enrolled, and other information deemed 2205
3275	3275		necessary by the department. 2206
3276	3276		(d) Contract with an independent entity to provide an 2207
3277	3277		annual evaluation of the program by: 2208
3278	3278		1. Reviewing the school bullying prevention education 2209
3279	3279		program, climate, and code of student conduct of each public 2210
3280	3280		school from which 10 or more students transferred to another 2211
3281	3281		public school or private sc hool using the Hope scholarship to 2212
3282	3282		determine areas in the school or school district procedures 2213
3283	3283		involving reporting, investigating, and communicating a parent's 2214
3284	3284		and student's rights that are in need of improvement. At a 2215
3285	3285		minimum, the review must include: 2216
3286	3286		a. An assessment of the investigation time and quality of 2217
3287	3287		the response of the school and the school district. 2218
3288	3288		b. An assessment of the effectiveness of communication 2219
3289	3289		procedures with the students involved in an incident, the 2220
3290	3290		students' parents, and the schoo l and school district personnel. 2221
3291	3291		c. An analysis of school incident and discipline data. 2222
3292	3292		d. The challenges and obstacles relating to implementing 2223
3293	3293		recommendations from the review. 2224
3294	3294		2. Reviewing the school bullying prevention education 2225
3295		-	~~ENROLLED~~
3296		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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3303	3303		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
3304	3304
3305	3305
3306	3306
3307	3307		program, climate, and code of student conduct of each public 2226
3308	3308		school to which a student transferred if the student was from a 2227
3309	3309		school identified in subparagraph 1. in order to identify best 2228
3310	3310		practices and make recommendations to a public school at which 2229
3311	3311		the incidents occurred. 2230
3312	3312		3. Reviewing the performance of participating students 2231
3313	3313		enrolled in a private school in which at least 51 percent of the 2232
3314	3314		total enrolled students in the prior school year participated in 2233
3315	3315		the program and in which there are at least 10 participating 2234
3316	3316		students who have scores for tests administered. 2235
3317	3317		4. Surveying the parents of participating students to 2236
3318	3318		determine academic, safety, and school climate satisfaction and 2237
3319	3319		to identify any challenges to or obstacles in addressing the 2238
3320	3320		incident or relating to the use o f the scholarship. 2239
3321	3321		(9) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 2240
3322	3322		PARTICIPATION.—A parent who applies for a Hope scholarship is 2241
3323	3323		exercising his or her parental option to place his or her 2242
3324	3324		student in an eligible private school. 2243
3325	3325		(a) The parent must se lect an eligible private school and 2244
3326	3326		apply for the admission of his or her student. 2245
3327	3327		(b) The parent must inform the student's school district 2246
3328	3328		when the parent withdraws his or her student to attend an 2247
3329	3329		eligible private school. 2248
3330	3330		(c) Any student participating in the program must remain 2249
3331	3331		in attendance throughout the school year unless excused by the 2250
3332		-	~~ENROLLED~~
3333		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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3340	3340		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
3341	3341
3342	3342
3343	3343
3344	3344		school for illness or other good cause. 2251
3345	3345		(d) Each parent and each student has an obligation to the 2252
3346	3346		private school to comply with such school's published policies. 2253
3347	3347		(e) Upon reasonable notice to the department and the 2254
3348	3348		school district, the parent may remove the student from the 2255
3349	3349		private school and place the student in a public school in 2256
3350	3350		accordance with this section. 2257
3351	3351		(f) The parent must ensure that the student partici pating 2258
3352	3352		in the program takes the norm -referenced assessment offered by 2259
3353	3353		the private school. The parent may also choose to have the 2260
3354	3354		student participate in the statewide assessments pursuant to s. 2261
3355	3355		1008.22. If the parent requests that the student take the 2262
3356	3356		statewide assessments pursuant to s. 1008.22 and the private 2263
3357	3357		school has not chosen to offer and administer the statewide 2264
3358	3358		assessments, the parent is responsible for transporting the 2265
3359	3359		student to the assessment site designated by the school 2266
3360	3360		district. 2267
3361	3361		(g) Upon receipt of a scholarship warrant, the parent to 2268
3362	3362		whom the warrant is made must restrictively endorse the warrant 2269
3363	3363		to the private school for deposit into the account of such 2270
3364	3364		school. If payment is made by funds transfer in accordance with 2271
3365	3365		paragraph (11)(d), the p arent must approve each payment before 2272
3366	3366		the scholarship funds may be deposited. The parent may not 2273
3367	3367		designate any entity or individual associated with the 2274
3368	3368		participating private school as the parent's attorney in fact to 2275
3369		-	~~ENROLLED~~
3370		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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3377	3377		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
3378	3378
3379	3379
3380	3380
3381	3381		endorse a scholarship warrant or appro ve a funds transfer. A 2276
3382	3382		parent who fails to comply with this paragraph forfeits the 2277
3383	3383		scholarship. 2278
3384	3384		(10) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP -FUNDING 2279
3385	3385		ORGANIZATIONS.—An eligible nonprofit scholarship -funding 2280
3386	3386		organization may establish scholarships fo r eligible students 2281
3387	3387		by: 2282
3388	3388		(a) Receiving applications and determining student 2283
3389	3389		eligibility in accordance with the requirements of this section. 2284
3390	3390		(b) Notifying parents of their receipt of a scholarship on 2285
3391	3391		a first-come, first-served basis, based upon availabl e funds. 2286
3392	3392		(c) Establishing a date by which the parent of a 2287
3393	3393		participating student must confirm continuing participation in 2288
3394	3394		the program. 2289
3395	3395		(d) Awarding scholarship funds to eligible students, 2290
3396	3396		giving priority to renewing students from the previous year. 2291
3397	3397		(e) Preparing and submitting quarterly reports to the 2292
3398	3398		department pursuant to paragraph (8)(c). In addition, an 2293
3399	3399		eligible nonprofit scholarship -funding organization must submit 2294
3400	3400		in a timely manner any information requested by the department 2295
3401	3401		relating to the prog ram. 2296
3402	3402		(f) Notifying the department of any violation of this 2297
3403	3403		section. 2298
3404	3404		(11) FUNDING AND PAYMENT. — 2299
3405	3405		(a) For students initially eligible in the 2019 -2020 2300
3406		-	~~ENROLLED~~
3407		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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3414	3414		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
3415	3415
3416	3416
3417	3417
3418	3418		school year or thereafter, the calculated amount for a student 2301
3419	3419		to attend an eligible private school sh all be calculated in 2302
3420	3420		accordance with s. 1002.394(12)(a). 2303
3421	3421		(b) The maximum amount awarded to a student enrolled in a 2304
3422	3422		public school located outside of the district in which the 2305
3423	3423		student resides shall be $750. 2306
3424	3424		(c) When a student enters the program, the elig ible 2307
3425	3425		nonprofit scholarship -funding organization must receive all 2308
3426	3426		documentation required for the student's participation, 2309
3427	3427		including a copy of the report of the incident received pursuant 2310
3428	3428		to subsection (6) and the private school's and student's fee 2311
3429	3429		schedules. The initial payment shall be made after verification 2312
3430	3430		of admission acceptance, and subsequent payments shall be made 2313
3431	3431		upon verification of continued enrollment and attendance at the 2314
3432	3432		private school. 2315
3433	3433		(d) Payment of the scholarship by the eligible nonprofit 2316
3434	3434		scholarship-funding organization may be by individual warrant 2317
3435	3435		made payable to the student's parent or by funds transfer, 2318
3436	3436		including, but not limited to, debit cards, electronic payment 2319
3437	3437		cards, or any other means of payment that the department deems 2320
3438	3438		to be commercially viable or cost -effective. If payment is made 2321
3439	3439		by warrant, the warrant must be delivered by the eligible 2322
3440	3440		nonprofit scholarship -funding organization to the private school 2323
3441	3441		of the parent's choice, and the parent shall restrictively 2324
3442	3442		endorse the warrant to the private school. If payments are made 2325
3443		-	~~ENROLLED~~
3444		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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3451	3451		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
3452	3452
3453	3453
3454	3454
3455	3455		by funds transfer, the parent must approve each payment before 2326
3456	3456		the scholarship funds may be deposited. The parent may not 2327
3457	3457		designate any entity or individual associated with the 2328
3458	3458		participating private school as t he parent's attorney in fact to 2329
3459	3459		endorse a scholarship warrant or approve a funds transfer. 2330
3460	3460		(e) An eligible nonprofit scholarship -funding organization 2331
3461	3461		shall obtain verification from the private school of a student's 2332
3462	3462		continued attendance at the school for each period covered by a 2333
3463	3463		scholarship payment. 2334
3464	3464		(f) Payment of the scholarship shall be made by the 2335
3465	3465		eligible nonprofit scholarship -funding organization no less 2336
3466	3466		frequently than on a quarterly basis. 2337
3467	3467		(g) An eligible nonprofit scholarship -funding 2338
3468	3468		organization, subject to the limitations of s. 1002.395(6)(l)1., 2339
3469	3469		may use eligible contributions received during the state fiscal 2340
3470	3470		year in which such contributions are collected for 2341
3471	3471		administrative expenses. 2342
3472	3472		(h) Moneys received pursuant to this section do not 2343
3473	3473		constitute taxable income to the qualified student or his or her 2344
3474	3474		parent. 2345
3475	3475		(i) Notwithstanding s. 1002.395(6)(l)2., no more than 5 2346
3476	3476		percent of net eligible contributions may be carried forward to 2347
3477	3477		the following state fiscal year by an eligible scholarship -2348
3478	3478		funding organization. For audit purposes, all amounts carried 2349
3479	3479		forward must be specifically identified for individual students 2350
3480		-	~~ENROLLED~~
3481		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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3488	3488		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
3489	3489
3490	3490
3491	3491
3492	3492		by student name and by the name of the school to which the 2351
3493	3493		student is admitted, subject to the requirements of ss. 1002.21 2352
3494	3494		and 1002.22 and 20 U.S.C. s. 1232g, and the applicable rules and 2353
3495	3495		regulations issued pursuant to such requirements. Any amounts 2354
3496	3496		carried forward shall be expended for annual scholarships or 2355
3497	3497		partial-year scholarships in the following state fiscal year. 2356
3498	3498		Net eligible contribut ions remaining on June 30 of each year 2357
3499	3499		which are in excess of the 5 percent that may be carried forward 2358
3500	3500		shall be transferred to other eligible nonprofit scholarship -2359
3501	3501		funding organizations participating in the Hope Scholarship 2360
3502	3502		Program to provide scholarships for eligible students. All 2361
3503	3503		transferred funds must be deposited by each eligible nonprofit 2362
3504	3504		scholarship-funding organization receiving such funds into the 2363
3505	3505		scholarship account of eligible students. All transferred 2364
3506	3506		amounts received by an eligible nonprofit sc holarship-funding 2365
3507	3507		organization must be separately disclosed in the annual 2366
3508	3508		financial audit requirement under s. 1002.395(6)(o). If no other 2367
3509	3509		eligible nonprofit scholarship -funding organization participates 2368
3510	3510		in the Hope Scholarship Program, net eligible contri butions in 2369
3511	3511		excess of the 5 percent may be used to fund scholarships for 2370
3512	3512		students eligible under s. 1002.395 only after fully exhausting 2371
3513	3513		all contributions made in support of scholarships under that 2372
3514	3514		section in accordance with the priority established in s. 2373
3515	3515		1002.395(6)(f) before awarding any initial scholarships. 2374
3516	3516		(12) OBLIGATIONS OF THE AUDITOR GENERAL. — 2375
3517		-	~~ENROLLED~~
3518		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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3525	3525		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
3526	3526
3527	3527
3528	3528
3529	3529		(a) The Auditor General shall conduct an annual 2376
3530	3530		operational audit of accounts and records of each organization 2377
3531	3531		that participates in the program. As part o f this audit, the 2378
3532	3532		Auditor General shall verify, at a minimum, the total number of 2379
3533	3533		students served and transmit that information to the department. 2380
3534	3534		The Auditor General shall provide the commissioner with a copy 2381
3535	3535		of each annual operational audit performed pur suant to this 2382
3536	3536		paragraph within 10 days after the audit is finalized. 2383
3537	3537		(b) The Auditor General shall notify the department of any 2384
3538	3538		organization that fails to comply with a request for 2385
3539	3539		information. 2386
3540	3540		(13) SCHOLARSHIP-FUNDING TAX CREDITS. — 2387
3541	3541		(a) A tax credit is available under s. 212.1832(1) for use 2388
3542	3542		by a person that makes an eligible contribution. Eligible 2389
3543	3543		contributions shall be used to fund scholarships under this 2390
3544	3544		section and may be used to fund scholarships under s. 1002.395. 2391
3545	3545		Each eligible contribution is li mited to a single payment of 2392
3546	3546		$105 per motor vehicle purchased at the time of purchase of a 2393
3547	3547		motor vehicle or a single payment of $105 per motor vehicle 2394
3548	3548		purchased at the time of registration of a motor vehicle that 2395
3549	3549		was not purchased from a dealer, except tha t a contribution may 2396
3550	3550		not exceed the state tax imposed under chapter 212 that would 2397
3551	3551		otherwise be collected from the purchaser by a dealer, 2398
3552	3552		designated agent, or private tag agent. Payments of 2399
3553	3553		contributions shall be made to a dealer at the time of purchase 2400
3554		-	~~ENROLLED~~
3555		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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3562	3562		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
3563	3563
3564	3564
3565	3565
3566	3566		of a motor vehicle or to a designated agent or private tag agent 2401
3567	3567		at the time of registration of a motor vehicle that was not 2402
3568	3568		purchased from a dealer. An eligible contribution shall be 2403
3569	3569		accompanied by a contribution election form provided by the 2404
3570	3570		Department of Revenue. The form shall include, at a minimum, the 2405
3571	3571		following brief description of the Hope Scholarship Program and 2406
3572	3572		the Florida Tax Credit Scholarship Program: "THE HOPE 2407
3573	3573		SCHOLARSHIP PROGRAM PROVIDES A PUBLIC SCHOOL STUDENT WHO WAS 2408
3574	3574		SUBJECTED TO AN INCIDENT O F VIOLENCE OR BULLYING AT SCHOOL THE 2409
3575	3575		OPPORTUNITY TO APPLY FOR A SCHOLARSHIP TO ATTEND AN ELIGIBLE 2410
3576	3576		PRIVATE SCHOOL RATHER THAN REMAIN IN AN UNSAFE SCHOOL 2411
3577	3577		ENVIRONMENT. THE FLORIDA TAX CREDIT SCHOLARSHIP PROGRAM PROVIDES 2412
3578	3578		A LOW-INCOME STUDENT THE OPPORTUNITY TO APPLY FOR A SCHOLARSHIP 2413
3579	3579		TO ATTEND AN ELIGIBLE PRIVATE SCHOOL." The form shall also 2414
3580	3580		include, at a minimum, a section allowing the consumer to 2415
3581	3581		designate, from all participating scholarship -funding 2416
3582	3582		organizations, which organization will receive his or her 2417
3583	3583		donation. For purposes of this subsection, the term "purchase" 2418
3584	3584		does not include the lease or rental of a motor vehicle. 2419
3585	3585		(b) A dealer, designated agent, or private tag agent 2420
3586	3586		shall: 2421
3587	3587		1. Provide the purchaser the contribution election form, 2422
3588	3588		as provided by the Department of Revenue, at the time of 2423
3589	3589		purchase of a motor vehicle or at the time of registration of a 2424
3590	3590		motor vehicle that was not purchased from a dealer. 2425
3591		-	~~ENROLLED~~
3592		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
3593		-
3594		-
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3597		-	hb1403-~~04-er~~
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	3592	+	CS/CS/HB 1403, Engrossed 1 2024
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3599	3599		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
3600	3600
3601	3601
3602	3602
3603	3603		2. Collect eligible contributions. 2426
3604	3604		3. Using a form provided by the Department of Revenue, 2427
3605	3605		which shall include the dealer's or agent's federal employer 2428
3606	3606		identification number, remit to an organization no later than 2429
3607	3607		the date the return filed pursuant to s. 212.11 is due the total 2430
3608	3608		amount of contributions made to that organization and collected 2431
3609	3609		during the preceding reporting period. Using the same form, the 2432
3610	3610		dealer or agent shall also report this information to the 2433
3611	3611		Department of Revenue no later than the date the return filed 2434
3612	3612		pursuant to s. 212.11 is due. 2435
3613	3613		4. Report to the Department of Revenue on each ret urn 2436
3614	3614		filed pursuant to s. 212.11 the total amount of credits granted 2437
3615	3615		under s. 212.1832 for the preceding reporting period. 2438
3616	3616		(c) An organization shall report to the Department of 2439
3617	3617		Revenue, on or before the 20th day of each month, the total 2440
3618	3618		amount of contributions received pursuant to paragraph (b) in 2441
3619	3619		the preceding calendar month on a form provided by the 2442
3620	3620		Department of Revenue. Such report shall include: 2443
3621	3621		1. The federal employer identification number of each 2444
3622	3622		designated agent, private tag agent, or dealer who remitted 2445
3623	3623		contributions to the organization during that reporting period. 2446
3624	3624		2. The amount of contributions received from each 2447
3625	3625		designated agent, private tag agent, or dealer during that 2448
3626	3626		reporting period. 2449
3627	3627		(d) A person who, with the intent to unlawfully depr ive or 2450
3628		-	~~ENROLLED~~
3629		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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3636	3636		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
3637	3637
3638	3638
3639	3639
3640	3640		defraud the program of its moneys or the use or benefit thereof, 2451
3641	3641		fails to remit a contribution collected under this section is 2452
3642	3642		guilty of theft, punishable as follows: 2453
3643	3643		1. If the total amount stolen is less than $300, the 2454
3644	3644		offense is a misdemeanor of the second degree, punishable as 2455
3645	3645		provided in s. 775.082 or s. 775.083. Upon a second conviction, 2456
3646	3646		the offender is guilty of a misdemeanor of the first degree, 2457
3647	3647		punishable as provided in s. 775.082 or s. 775.083. Upon a third 2458
3648	3648		or subsequent conviction, the of fender is guilty of a felony of 2459
3649	3649		the third degree, punishable as provided in s. 775.082, s. 2460
3650	3650		775.083, or s. 775.084. 2461
3651	3651		2. If the total amount stolen is $300 or more, but less 2462
3652	3652		than $20,000, the offense is a felony of the third degree, 2463
3653	3653		punishable as provided i n s. 775.082, s. 775.083, or s. 775.084. 2464
3654	3654		3. If the total amount stolen is $20,000 or more, but less 2465
3655	3655		than $100,000, the offense is a felony of the second degree, 2466
3656	3656		punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2467
3657	3657		4. If the total amount sto len is $100,000 or more, the 2468
3658	3658		offense is a felony of the first degree, punishable as provided 2469
3659	3659		in s. 775.082, s. 775.083, or s. 775.084. 2470
3660	3660		(e) A person convicted of an offense under paragraph (d) 2471
3661	3661		shall be ordered by the sentencing judge to make restitution t o 2472
3662	3662		the organization in the amount that was stolen from the program. 2473
3663	3663		(f) Upon a finding that a dealer failed to remit a 2474
3664	3664		contribution under subparagraph (b)3. for which the dealer 2475
3665		-	~~ENROLLED~~
3666		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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3673	3673		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
3674	3674
3675	3675
3676	3676
3677	3677		claimed a credit pursuant to s. 212.1832(2), the Department of 2476
3678	3678		Revenue shall notify the affected organizations of the dealer's 2477
3679	3679		name, address, federal employer identification number, and 2478
3680	3680		information related to differences between credits taken by the 2479
3681	3681		dealer pursuant to s. 212.1832(2) and amounts remitted to the 2480
3682	3682		eligible nonprofit sc holarship-funding organization under 2481
3683	3683		subparagraph (b)3. 2482
3684	3684		(g) Any dealer, designated agent, private tag agent, or 2483
3685	3685		organization that fails to timely submit reports to the 2484
3686	3686		Department of Revenue as required in paragraphs (b) and (c) is 2485
3687	3687		subject to a penalty of $1,000 for every month, or part thereof, 2486
3688	3688		the report is not provided, up to a maximum amount of $10,000. 2487
3689	3689		Such penalty shall be collected by the Department of Revenue and 2488
3690	3690		shall be transferred into the General Revenue Fund. Such penalty 2489
3691	3691		must be settled or co mpromised if it is determined by the 2490
3692	3692		Department of Revenue that the noncompliance is due to 2491
3693	3693		reasonable cause and not due to willful negligence, willful 2492
3694	3694		neglect, or fraud. 2493
3695	3695		(14) LIABILITY.—The state is not liable for the award of 2494
3696	3696		or any use of awarded fund s under this section. 2495
3697	3697		(15) SCOPE OF AUTHORITY. —This section does not expand the 2496
3698	3698		regulatory authority of this state, its officers, or any school 2497
3699	3699		district to impose additional regulation on participating 2498
3700	3700		private schools beyond those reasonably necessary to enforce 2499
3701	3701		requirements expressly set forth in this section. 2500
3702		-	~~ENROLLED~~
3703		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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3710	3710		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
3711	3711
3712	3712
3713	3713
3714	3714		(5)(16) RULES.—The State Board of Education shall adopt 2501
3715	3715		rules to administer this section , except the Department of 2502
3716	3716		Revenue shall adopt rules to administer subsection (13) . 2503
3717	3717		Section 6. Paragraph (i) of subsection (1) of section 2504
3718	3718		1002.421, Florida Statutes, is amended to read: 2505
3719	3719		1002.421 State school choice scholarship program 2506
3720	3720		accountability and oversight. — 2507
3721	3721		(1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS. —A private 2508
3722	3722		school participating in an educational scholarship program 2509
3723	3723		established pursuant to this chapter must be a private school as 2510
3724	3724		defined in s. 1002.01 in this state, be registered, and be in 2511
3725	3725		compliance with all requirements of this section in addition to 2512
3726	3726		private school requirements o utlined in s. 1002.42, specific 2513
3727	3727		requirements identified within respective scholarship program 2514
3728	3728		laws, and other provisions of Florida law that apply to private 2515
3729	3729		schools, and must: 2516
3730	3730		(i) Maintain a physical location in the state at which 2517
3731	3731		each student has regul ar and direct contact with teachers. 2518
3732	3732		Regular and direct contact with teachers may be satisfied for 2519
3733	3733		students enrolled in a personalized education program if 2520
3734	3734		students have regular and direct contact with teachers at the 2521
3735	3735		physical location at least two school days per week and the 2522
3736	3736		student learning plan addresses the remaining instructional 2523
3737	3737		time. 2524
3738	3738		2525
3739		-	~~ENROLLED~~
3740		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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3747	3747		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
3748	3748
3749	3749
3750	3750
3751	3751		The department shall suspend the payment of funds to a private 2526
3752	3752		school that knowingly fails to comply with this subsection, and 2527
3753	3753		shall prohibit the school from enrolling new scholarship 2528
3754	3754		students, for 1 fiscal year and until the school complies. If a 2529
3755	3755		private school fails to meet the requirements of this subsection 2530
3756	3756		or has consecutive years of material exceptions listed in the 2531
3757	3757		report required under paragraph (q), the commiss ioner may 2532
3758	3758		determine that the private school is ineligible to participate 2533
3759	3759		in a scholarship program. 2534
3760	3760		Section 7. Paragraph (a) of subsection (2) of section 2535
3761	3761		1002.45, Florida Statutes, is amended to read: 2536
3762	3762		1002.45 Virtual instruction programs. — 2537
3763	3763		(2) PROVIDER QUALIFICATIONS.— 2538
3764	3764		(a) The department shall annually publish on its website a 2539
3765	3765		list of providers approved by the State Board of Education to 2540
3766	3766		offer virtual instruction programs. To be approved, a virtual 2541
3767	3767		instruction program provider must document that it : 2542
3768	3768		1. Is nonsectarian in its programs, admission policies, 2543
3769	3769		employment practices, and operations; 2544
3770	3770		1.2. Complies with the antidiscrimination provisions of s. 2545
3771	3771		1000.05; 2546
3772	3772		2.3. Locates an administrative office or offices in this 2547
3773	3773		state, requires its administr ative staff to be state residents, 2548
3774	3774		requires all instructional staff to be Florida -certified 2549
3775	3775		teachers under chapter 1012 and conducts background screenings 2550
3776		-	~~ENROLLED~~
3777		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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3779		-
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3784	3784		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
3785	3785
3786	3786
3787	3787
3788	3788		for all employees or contracted personnel, as required by s. 2551
3789	3789		1012.32, using state and national crimin al history records; 2552
3790	3790		3.4. Electronically provides to parents and students 2553
3791	3791		specific information that includes, but is not limited to, the 2554
3792	3792		following teacher-parent and teacher-student contact information 2555
3793	3793		for each course: 2556
3794	3794		a. How to contact the instructor via phone, e-mail, or 2557
3795	3795		online messaging tools. 2558
3796	3796		b. How to contact technical support via phone, e -mail, or 2559
3797	3797		online messaging tools. 2560
3798	3798		c. How to contact the administration office via phone, e -2561
3799	3799		mail, or online messaging tools. 2562
3800	3800		d. Any requirement for regular c ontact with the instructor 2563
3801	3801		for the course and clear expectations for meeting the 2564
3802	3802		requirement. 2565
3803	3803		e. The requirement that the instructor in each course 2566
3804	3804		must, at a minimum, conduct one contact with the parent and the 2567
3805	3805		student each month; 2568
3806	3806		4.5. Possesses prior, successful experience offering 2569
3807	3807		virtual instruction courses to elementary, middle, or high 2570
3808	3808		school students as demonstrated by quantified student learning 2571
3809	3809		gains in each subject area and grade level provided for 2572
3810	3810		consideration as an instructional program opt ion. However, for a 2573
3811	3811		virtual instruction program provider without sufficient prior, 2574
3812	3812		successful experience offering online courses, the State Board 2575
3813		-	~~ENROLLED~~
3814		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
3815		-
3816		-
3817		-
3818		-	CODING: Words stricken are deletions; words underlined are additions.
3819		-	hb1403-~~04-er~~
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	3814	+	CS/CS/HB 1403, Engrossed 1 2024
	3815	+
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3821	3821		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
3822	3822
3823	3823
3824	3824
3825	3825		of Education may conditionally approve the virtual instruction 2576
3826	3826		program provider to offer courses measured purs uant to 2577
3827	3827		subparagraph (7)(a)2. Conditional approval shall be valid for 1 2578
3828	3828		school year only and, based on the virtual instruction program 2579
3829	3829		provider's experience in offering the courses, the State Board 2580
3830	3830		of Education may grant approval to offer a virtual instruc tion 2581
3831	3831		program; 2582
3832	3832		5.6. Is accredited by a regional accrediting association 2583
3833	3833		as defined by State Board of Education rule; 2584
3834	3834		6.7. Ensures instructional and curricular quality through 2585
3835	3835		a detailed curriculum and student performance accountability 2586
3836	3836		plan that addresses every subject and grade level it intends to 2587
3837	3837		provide through contract with the school district, including: 2588
3838	3838		a. Courses and programs that meet the standards of the 2589
3839	3839		International Association for K -12 Online Learning and the 2590
3840	3840		Southern Regional Education Boa rd. 2591
3841	3841		b. Instructional content and services that align with, and 2592
3842	3842		measure student attainment of, student proficiency in the state 2593
3843	3843		academic standards. 2594
3844	3844		c. Mechanisms that determine and ensure that a student has 2595
3845	3845		satisfied requirements for grade level promoti on and high school 2596
3846	3846		graduation with a standard diploma, as appropriate; 2597
3847	3847		7.8. Publishes, in accordance with disclosure requirements 2598
3848	3848		adopted in rule by the State Board of Education, as part of its 2599
3849	3849		application as an approved virtual instruction program provi der 2600
3850		-	~~ENROLLED~~
3851		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
3852		-
3853		-
3854		-
3855		-	CODING: Words stricken are deletions; words underlined are additions.
3856		-	hb1403-~~04-er~~
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	3851	+	CS/CS/HB 1403, Engrossed 1 2024
	3852	+
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3858	3858		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
3859	3859
3860	3860
3861	3861
3862	3862		and in all contracts negotiated pursuant to this section: 2601
3863	3863		a. Information and data about the curriculum of each full -2602
3864	3864		time and part-time virtual instruction program. 2603
3865	3865		b. School policies and procedures. 2604
3866	3866		c. Certification status and physical location o f all 2605
3867	3867		administrative and instructional personnel. 2606
3868	3868		d. Hours and times of availability of instructional 2607
3869	3869		personnel. 2608
3870	3870		e. Student-teacher ratios. 2609
3871	3871		f. Student completion and promotion rates. 2610
3872	3872		g. Student, educator, and school performance 2611
3873	3873		accountability outco mes; 2612
3874	3874		8.9. If the approved virtual instruction program provider 2613
3875	3875		is a Florida College System institution, employs instructors who 2614
3876	3876		meet the certification requirements for instructional staff 2615
3877	3877		under chapter 1012; and 2616
3878	3878		9.10. Performs an annual financial audit of its accounts 2617
3879	3879		and records conducted by an independent auditor who is a 2618
3880	3880		certified public accountant licensed under chapter 473. The 2619
3881	3881		independent auditor shall conduct the audit in accordance with 2620
3882	3882		rules adopted by the Auditor General and in compliance with 2621
3883	3883		generally accepted auditing standards, and include a report on 2622
3884	3884		financial statements presented in accordance with generally 2623
3885	3885		accepted accounting principles. The audit report shall be 2624
3886	3886		accompanied by a written statement from the approved virtual 2625
3887		-	~~ENROLLED~~
3888		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
3889		-
3890		-
3891		-
3892		-	CODING: Words stricken are deletions; words underlined are additions.
3893		-	hb1403-~~04-er~~
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	3888	+	CS/CS/HB 1403, Engrossed 1 2024
	3889	+
	3890	+
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3895	3895		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
3896	3896
3897	3897
3898	3898
3899	3899		instruction program provider in response to any deficiencies 2626
3900	3900		identified within the audit report and shall be submitted by the 2627
3901	3901		approved virtual instruction program provider to the State Board 2628
3902	3902		of Education and the Auditor General no later than 9 months 2629
3903	3903		after the end of the preceding fiscal year. 2630
3904	3904		Section 8. Paragraph (c) of subsection (1) of section 2631
3905	3905		1003.4156, Florida Statutes, is amended to read: 2632
3906	3906		1003.4156 General requirements for middle grades 2633
3907	3907		promotion.— 2634
3908	3908		(1) In order for a student to be promoted to high school 2635
3909	3909		from a school that includes middle grades 6, 7, and 8, the 2636
3910	3910		student must successfully complete the following courses: 2637
3911	3911		(c) Three middle grades or higher courses in social 2638
3912	3912		studies. One of these courses must be at least a one -semester 2639
3913	3913		civics education course that includes the roles and 2640
3914	3914		responsibilities of federal, state, and local governments; the 2641
3915	3915		structures and functions of the legislative, executive, and 2642
3916	3916		judicial branches of government; and the meaning and 2643
3917	3917		significance of historic documents, such as the Arti cles of 2644
3918	3918		Confederation, the Declaration of Independence, and the 2645
3919	3919		Constitution of the United States. All instructional materials 2646
3920	3920		for the civics education course must be reviewed and approved by 2647
3921	3921		the Commissioner of Education, in consultation with 2648
3922	3922		organizations that may include, but are not limited to, the 2649
3923	3923		Florida Joint Center for Citizenship, the Bill of Rights 2650
3924		-	~~ENROLLED~~
3925		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
3926		-
3927		-
3928		-
3929		-	CODING: Words stricken are deletions; words underlined are additions.
3930		-	hb1403-~~04-er~~
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	3925	+	CS/CS/HB 1403, Engrossed 1 2024
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3932	3932		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
3933	3933
3934	3934
3935	3935
3936	3936		Institute, Hillsdale College, the Gilder Lehrman Institute of 2651
3937	3937		American History, iCivics, and the Constitutional Sources 2652
3938	3938		Project, and with educators, sc hool administrators, 2653
3939	3939		postsecondary education representatives, elected officials, 2654
3940	3940		business and industry leaders, parents, and the public. Any 2655
3941	3941		errors and inaccuracies the commissioner identifies in state -2656
3942	3942		adopted materials must be corrected pursuant to s. 100 6.35. 2657
3943	3943		After consulting with such entities and individuals, the 2658
3944	3944		commissioner shall review the current state -approved civics 2659
3945	3945		education course instructional materials and the test 2660
3946	3946		specifications for the statewide, standardized EOC assessment in 2661
3947	3947		civics education and shall make recommendations for improvements 2662
3948	3948		to the materials and test specifications by December 31, 2019. 2663
3949	3949		By December 31, 2020, the department shall complete a review of 2664
3950	3950		the statewide civics education course standards. Each student's 2665
3951	3951		performance on the statewide, standardized EOC assessment in 2666
3952	3952		civics education required under s. 1008.22 constitutes 30 2667
3953	3953		percent of the student's final course grade. A middle grades 2668
3954	3954		student who transfers into the state's public school system from 2669
3955	3955		out of country, out of st ate, a private school, a personalized 2670
3956	3956		education program, or a home education program after the 2671
3957	3957		beginning of the second term of grade 8 is not required to meet 2672
3958	3958		the civics education requirement for promotion from the middle 2673
3959	3959		grades if the student's transcript documents passage of three 2674
3960	3960		courses in social studies or two year -long courses in social 2675
3961		-	~~ENROLLED~~
3962		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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3964		-
3965		-
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3967		-	hb1403-~~04-er~~
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3969	3969		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
3970	3970
3971	3971
3972	3972
3973	3973		studies that include coverage of civics education. 2676
3974	3974		Section 9. Subsection (6) of section 1003.4282, Florida 2677
3975	3975		Statutes, is amended to read: 2678
3976	3976		1003.4282 Requirements f or a standard high school 2679
3977	3977		diploma.— 2680
3978	3978		(6) UNIFORM TRANSFER OF HIGH SCHOOL CREDITS. —Beginning 2681
3979	3979		with the 2012-2013 school year, if a student transfers to a 2682
3980	3980		Florida public high school from out of country, out of state, a 2683
3981	3981		private school, a personalized educatio n program, or a home 2684
3982	3982		education program and the student's transcript shows a credit in 2685
3983	3983		Algebra I, the student must pass the statewide, standardized 2686
3984	3984		Algebra I EOC assessment in order to earn a standard high school 2687
3985	3985		diploma unless the student earned a comparat ive score, passed a 2688
3986	3986		statewide assessment in Algebra I administered by the 2689
3987	3987		transferring entity, or passed the statewide mathematics 2690
3988	3988		assessment the transferring entity uses to satisfy the 2691
3989	3989		requirements of the Elementary and Secondary Education Act, as 2692
3990	3990		amended by the Every Student Succeeds Act (ESSA), 20 U.S.C. ss. 2693
3991	3991		6301 et seq. If a student's transcript shows a credit in high 2694
3992	3992		school reading or English Language Arts II or III, in order to 2695
3993	3993		earn a standard high school diploma, the student must take and 2696
3994	3994		pass the statewide, standardized grade 10 ELA assessment, or 2697
3995	3995		earn a concordant score. If a transfer student's transcript 2698
3996	3996		shows a final course grade and course credit in Algebra I, 2699
3997	3997		Geometry, Biology I, or United States History, the transferring 2700
3998		-	~~ENROLLED~~
3999		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
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4001		-
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	3999	+	CS/CS/HB 1403, Engrossed 1 2024
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4006	4006		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
4007	4007
4008	4008
4009	4009
4010	4010		course final grade and credit shall be honored without the 2701
4011	4011		student taking the requisite statewide, standardized EOC 2702
4012	4012		assessment and without the assessment results constituting 30 2703
4013	4013		percent of the student's final course grade. 2704
4014	4014		Section 10. Paragraph (l) of subsection (4) of section 2705
4015	4015		1003.485, Florida Statutes, is amended to read: 2706
4016	4016		1003.485 The New Worlds Reading Initiative. — 2707
4017	4017		(4) ADMINISTRATOR RESPONSIBILITIES. —The administrator 2708
4018	4018		shall: 2709
4019	4019		(l) Expend eligible contributions received only for the 2710
4020	4020		purchase and delivery of books a nd to implement the requirements 2711
4021	4021		of this section, as well as for administrative expenses not to 2712
4022	4022		exceed 2 percent of total eligible contributions. 2713
4023	4023		Notwithstanding s. 1002.395(6)(l)3. s. 1002.395(6)(l)2., the 2714
4024	4024		administrator may carry forward up to 25 percent of eligible 2715
4025	4025		contributions made before January 1 of each state fiscal year 2716
4026	4026		and 100 percent of eligible contributions made on or after 2717
4027	4027		January 1 of each state fiscal year to the following state 2718
4028	4028		fiscal year for purposes authorized by this subsection. Any 2719
4029	4029		eligible contributions in excess of the allowable carry forward 2720
4030	4030		not used to provide additional books throughout the year to 2721
4031	4031		eligible students shall revert to the state treasury. 2722
4032	4032		Section 11. Effective upon this act becoming a law, 2723
4033	4033		paragraph (e) is added to subsection (5) of section 1004.6495, 2724
4034	4034		Florida Statutes, to read: 2725
4035		-	~~ENROLLED~~
4036		-	CS/CS/HB 1403, Engrossed 1 2024 ~~Legislature~~
4037		-
4038		-
4039		-
4040		-	CODING: Words stricken are deletions; words underlined are additions.
4041		-	hb1403-~~04-er~~
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4043	4043		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
4044	4044
4045	4045
4046	4046
4047	4047		1004.6495 Florida Postsecondary Comprehensive Transition 2726
4048	4048		Program and Florida Center for Students with Unique Abilities. — 2727
4049	4049		(5) CENTER RESPONSIBILITIES. —The Florida Center for 2728
4050	4050		Students with Unique Abilities is established within the 2729
4051	4051		University of Central Florida. At a minimum, the center shall: 2730
4052	4052		(e) By July 1, 2024, develop the purchasing guidelines for 2731
4053	4053		authorized uses of scholarship funds for the Family Empowerment 2732
4054	4054		Scholarship Program under s. 1002.394(4)(b) and by each July 1 2733
4055	4055		thereafter, revise such guidelines. The center must consult with 2734
4056	4056		parents of a student with a disability participating in the 2735
4057	4057		scholarship program in the development and revision of the 2736
4058	4058		guidelines and must provide the gui delines to each eligible 2737
4059	4059		nonprofit scholarship -funding organization that awards 2738
4060	4060		scholarships to a student eligible for the scholarship program 2739
4061	4061		under s. 1002.394(3)(b) for publishing on each organization's 2740
4062	4062		website. 2741
4063	4063		Section 12. Except as otherwise expres sly provided in this 2742
4064	4064		act and except for this section, which shall take effect upon 2743
4065	4065		this act becoming a law, this act shall take effect July 1, 2744
4066	4066		2024. 2745