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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1
An act relating to school choice; amending s. 2
212.1832, F.S.; providing definitions; expanding the 3
credit contributions for eligible nonprofit 4
scholarship-funding organizations; providing 5
requirements for such contributions; providing 6
requirements for dealers, designated agents, private 7
tag agents, and such organizations relating to such 8
contributions; providing criminal penalties; requiring 9
persons convicted of specified offenses to make 10
restitutions to certain eligible nonprofit 11
scholarship-funding organizations; requiring the 12
Department of Revenue to notify such organizations of 13
specified dealer information under certain 14
circumstances; providin g penalties for certain 15
dealers, designated agents, private tag agents, and 16
such organizations; amending s. 213.053, F.S.; 17
conforming cross-references to changes made by the 18
act; amending s. 1002.394, F.S.; revising eligibility 19
requirements for the Family Empowerment Scholarship 20
Program; providing that transition services are a 21
coordinated set of specified activities; authorizing 22
funds to be used for certain prekindergarten programs; 23
providing additional criteria for the closure of 24
scholarship accounts and the reversion of funds to the 25
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state; prohibiting certain eligible students from 26
enrolling in public schools; providing an exemption to 27
a prohibition against receiving other educational 28
scholarships; revising the information that such 29
organizations must inc lude in their quarterly reports; 30
authorizing the Department of Education to provide 31
guidance to certain private schools; revising the 32
documentation that private schools must provide to 33
such organizations; revising the process for parents 34
to provide certain notification to such organizations; 35
prohibiting a parent from applying for multiple 36
scholarships under specified programs for a single 37
student at the same time; requiring such organizations 38
to establish certain processes; requiring such 39
organizations to submit specified information to the 40
department; deleting a requirement that certain 41
students be placed on a wait list; requiring such 42
organizations to provide certain notification to 43
parents; revising provisions relating to a specified 44
administrative fee; r evising provisions relating to 45
increasing the number of certain scholarships; 46
revising provisions relating to the payment and 47
disbursement of funds; amending s. 1002.395, F.S.; 48
revising eligibility requirements for the Florida Tax 49
Credit Scholarship Progra m; prohibiting certain 50
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eligible students from enrolling in public schools; 51
providing an exemption to a prohibition against 52
receiving other educational scholarships; revising the 53
process for parents to provide certain notification to 54
such organizations; pro hibiting a parent from applying 55
for multiple scholarships under specified programs for 56
a single student at the same time; requiring such 57
organizations to establish certain processes; 58
requiring organizations to develop a purchasing 59
handbook by a specified d ate; specifying minimum 60
requirements for the handbook; requiring such 61
organizations to assist the Florida Center for 62
Students with Unique Abilities with the development of 63
specified guidelines and to publish such guidelines on 64
their websites; authorizing t he State Board of 65
Education to assess a financial penalty to an 66
organization in specified circumstances; revising 67
department notification requirements; revising the 68
information that such organizations must include in 69
their quarterly reports; revising provi sions relating 70
to the payment and disbursement of funds; authorizing 71
a charitable organization to apply at any time to 72
participate in the program as a scholarship -funding 73
organization; requiring a renewing organization to 74
provide documentation of complianc e with specified 75
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requirements; amending s. 1002.40, F.S.; revising 76
requirements for the Hope Scholarship Program; 77
amending s. 1002.421, F.S.; revising requirements for 78
regular and direct contact for certain students; 79
amending s. 1002.45, F.S.; deleting a r equirement that 80
virtual instruction program providers be nonsectarian; 81
amending s. 1003.4156, F.S.; providing that certain 82
requirements apply to middle grade students 83
transferring from a personalized education program; 84
amending s. 1003.4282, F.S.; providin g that certain 85
requirements apply to high school students 86
transferring from a personalized education program; 87
amending s. 1003.485, F.S.; conforming cross -88
references to changes made by the act; amending s. 89
1004.6495, F.S.; requiring the Florida Center for 90
Students with Unique Abilities to develop specified 91
purchasing guidelines by a specified date and annually 92
revise such guidelines; providing requirements for the 93
development and revision of such guidelines; requiring 94
such guidelines to be provided to speci fied eligible 95
nonprofit scholarship -funding organizations; providing 96
effective dates. 97
98
Be It Enacted by the Legislature of the State of Florida: 99
100
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Section 1. Section 212.1832, Florida Statutes, is amended 101
to read: 102
212.1832 Credit for contributions to eligible nonprofit 103
scholarship-funding organizations. — 104
(1) As used in this section, the term: 105
(a) "Designated agent" has the same meaning as in s. 106
212.06(10). 107
(b) "Eligible contribution" or "contribution" means a 108
monetary contribution from a pers on purchasing a motor vehicle, 109
subject to the restrictions provided in this section, to an 110
eligible nonprofit scholarship -funding organization. The person 111
making the contribution may not designate a specific student as 112
the beneficiary of the contribution. 113
(c) "Eligible nonprofit scholarship -funding organization" 114
or "organization" has the same meaning as in s. 1002.395(2). 115
(d) "Motor vehicle" has the same meaning as in s. 116
320.01(1)(a), but does not include a heavy truck, truck tractor, 117
trailer, or motorcycle. 118
(2)(1) The purchaser of a motor vehicle shall be granted a 119
credit of 100 percent of an eligible contribution made to an 120
eligible nonprofit scholarship -funding organization under this 121
section s. 1002.40 against any tax imposed by the state under 122
this chapter and collected from the purchaser by a dealer, 123
designated agent, or private tag agent as a result of the 124
purchase or acquisition of a motor vehicle, except that a credit 125
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may not exceed the tax that would otherwise be collected from 126
the purchaser by a dealer, designated agent, or private tag 127
agent. Each eligible contribution is limited to a single payment 128
of $105 per motor vehicle purchased at the time of purchase of a 129
motor vehicle or a single payment of $105 per motor vehicle 130
purchased at the time of registration of a motor vehicle that 131
was not purchased from a dealer, except that a contribution may 132
not exceed the state tax imposed under this chapter that would 133
otherwise be collected from the purchaser by a dealer, 134
designated agent, or private tag agent. Payments of 135
contributions shall be made to a dealer at the time of purchase 136
of a motor vehicle or to a designated agent or private tag agent 137
at the time of registration of a motor vehicle that was not 138
purchased from a dealer. An eligible contributio n shall be 139
accompanied by a contribution election form provided by the 140
Department of Revenue. The form shall include, at a minimum, the 141
following brief description of the Florida Tax Credit 142
Scholarship Program: "THE FLORIDA TAX CREDIT SCHOLARSHIP PROGRAM 143
PROVIDES A STUDENT THE OPPORTUNITY TO APPLY FOR A SCHOLARSHIP TO 144
ATTEND AN ELIGIBLE PRIVATE SCHOOL OR PERSONALIZE HIS OR HER 145
EDUCATION." The form shall also include, at a minimum, a section 146
allowing the consumer to designate, from all participating 147
scholarship-funding organizations, which organization will 148
receive his or her donation. For purposes of this subsection, 149
the term "purchase" does not include the lease or rental of a 150
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motor vehicle. 151
(3)(2) A dealer shall take a credit against any tax 152
imposed by the state under this chapter on the purchase of a 153
motor vehicle in an amount equal to the credit granted to the 154
purchaser under subsection (2) (1). 155
(a) A dealer, designated agent, or private tag agent 156
shall: 157
1. Provide the purchaser the contribution ele ction form, 158
as provided by the department, at the time of purchase of a 159
motor vehicle or at the time of registration of a motor vehicle 160
that was not purchased from a dealer. 161
2. Collect eligible contributions. 162
3. Using a form provided by the department, which shall 163
include the dealer's or agent's federal employer identification 164
number, remit to an organization no later than the date the 165
return filed pursuant to s. 212.11 is due the total amount of 166
contributions made to that organization and collected during the 167
preceding reporting period. Using the same form, the dealer or 168
agent shall also report this information to the department no 169
later than the date the return filed pursuant to s. 212.11 is 170
due. 171
4. Report to the department on each return filed pursuant 172
to s. 212.11 the total amount of credits granted under this 173
section for the preceding reporting period. 174
(b) An eligible nonprofit scholarship -funding organization 175
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shall report to the department, on or befor e the 20th day of 176
each month, the total amount of contributions received pursuant 177
to paragraph (a) in the preceding calendar month on a form 178
provided by the department. Such report shall include: 179
1. The federal employer identification number of each 180
designated agent, private tag agent, or dealer who remitted 181
contributions to the organization during that reporting period. 182
2. The amount of contributions received from each 183
designated agent, private tag agent, or dealer during that 184
reporting period. 185
(c) A person who, with the intent to unlawfully deprive or 186
defraud the program of its moneys or the use or benefit thereof, 187
fails to remit a contribution collected under this section is 188
guilty of theft, punishable as follows: 189
1. If the total amount stolen is less than $300, the 190
offense is a misdemeanor of the second degree, punishable as 191
provided in s. 775.082 or s. 775.083. Upon a second conviction, 192
the offender commits a misdemeanor of the first degree, 193
punishable as provided in s. 775.082 or s. 775.083. Upo n a third 194
or subsequent conviction, the offender commits a felony of the 195
third degree, punishable as provided in s. 775.082, s. 775.083, 196
or s. 775.084. 197
2. If the total amount stolen is $300 or more, but less 198
than $20,000, the offense is a felony of the t hird degree, 199
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 200
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3. If the total amount stolen is $20,000 or more, but less 201
than $100,000, the offense is a felony of the second degree, 202
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 203
4. If the total amount stolen is $100,000 or more, the 204
offense is a felony of the first degree, punishable as provided 205
in s. 775.082, s. 775.083, or s. 775.084. 206
(d) A person convicted of an offense under paragraph (c) 207
shall be ordered by the s entencing judge to make restitution to 208
the organization in the amount that was stolen from the program. 209
(e) Upon a finding that a dealer failed to remit a 210
contribution under subparagraph (a)3. for which the dealer 211
claimed a credit pursuant to this subsec tion, the department 212
shall notify the affected organizations of the dealer's name, 213
address, federal employer identification number, and information 214
related to differences between credits taken by the dealer 215
pursuant to this subsection and amounts remitted to the eligible 216
nonprofit scholarship -funding organization under subparagraph 217
(a)3. 218
(f) Any dealer, designated agent, private tag agent, or 219
organization that fails to timely submit reports to the 220
department as required in paragraphs (a) and (b) is subjec t to a 221
penalty of $1,000 for every month, or part thereof, the report 222
is not submitted, up to a maximum amount of $10,000. Such 223
penalty shall be collected by the department and shall be 224
transferred into the General Revenue Fund. Such penalty must be 225
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settled or compromised if it is determined by the department 226
that the noncompliance is due to reasonable cause and not due to 227
willful negligence, willful neglect, or fraud. 228
(4)(3) For purposes of the distributions of tax revenue 229
under s. 212.20, the department shall disregard any tax credits 230
allowed under this section to ensure that any reduction in tax 231
revenue received that is attributable to the tax credits results 232
only in a reduction in distributions to the General Revenue 233
Fund. Section 1002.395 applies The provisions of s. 1002.40 234
apply to the credit authorized by this section. 235
Section 2. Paragraph (a) of subsection (22) of section 236
213.053, Florida Statutes, is amended to read: 237
213.053 Confidentiality and information sharing. — 238
(22)(a) The departm ent may provide to an eligible 239
nonprofit scholarship -funding organization, as defined in s. 240
1002.395 s. 1002.40, a dealer's name, address, federal employer 241
identification number, and information related to differences 242
between credits taken by the dealer pu rsuant to s. 212.1832(2) 243
and amounts remitted to the eligible nonprofit scholarship -244
funding organization pursuant to s. 212.1832(3)(a)3. under s. 245
1002.40(13)(b)3. The eligible nonprofit scholarship -funding 246
organization may use the information for purposes of recovering 247
eligible contributions designated for that organization that 248
were collected by the dealer but never remitted to the 249
organization. 250
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Section 3. Subsections (3) and (4), paragraphs (a), (b), 251
and (c) of subsection (5), paragraphs (a), (c), and (d) of 252
subsection (6), paragraph (d) of subsection (7), paragraph (a) 253
of subsection (8), paragraph (b) of subsection (9), and 254
subsections (10), (11), (12), and (16) of section 1002.394, 255
Florida Statutes, as amended by chapter 2023 -350, Laws of 256
Florida, are amended, and paragraph (d) is added to subsection 257
(8) of that section, to read: 258
1002.394 The Family Empowerment Scholarship Program. — 259
(3) SCHOLARSHIP ELIGIBILITY. — 260
(a)1. A parent of a student may apply for request and 261
receive from the state a schol arship for the purposes specified 262
in paragraph (4)(a) if the student : 263
a. Is a resident of this state or the dependent child of 264
an active duty member of the United States Armed Forces who has 265
received permanent change of station orders to this state; and 266
b. Is eligible to enroll in kindergarten through grade 12 267
in a public school in this state or received a scholarship under 268
the Hope Scholarship Program in the 2023 -2024 school year. 269
2. Priority must be given in the following order: 270
a. A student whose household income level does not exceed 271
185 percent of the federal poverty level or who is in foster 272
care or out-of-home care. 273
b. A student whose household income level exceeds 185 274
percent of the federal poverty level, but does not exceed 400 275
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percent of the federal poverty level. 276
(b) A parent of a student with a disability may apply for 277
request and receive from the state a scholarship for the 278
purposes specified in paragraph (4)(b) if the student: 279
1. Is a resident of this state or the dependent child o f 280
an active duty member of the United States Armed Forces who has 281
received permanent change of station orders to this state or, at 282
the time of renewal, whose home of record or state of legal 283
residence is Florida ; 284
2. Is 3 or 4 years of age during on or before September 1 285
of the year in which the student applies for program 286
participation or is eligible to enroll in kindergarten through 287
grade 12 in a public school in this state; 288
3. Has a disability as defined in subsection (2); and 289
4. Is the subject of an IEP written in accordance with 290
rules of the State Board of Education or with the applicable 291
rules of another state or has received a diagnosis of a 292
disability from a physician who is licensed under chapter 458 or 293
chapter 459, a psychologist who is licensed under chapter 490, 294
or a physician who holds an active license issued by another 295
state or territory of the United States, the District of 296
Columbia, or the Commonwealth of Puerto Rico. 297
(c) An approved student who does not receive a scholarship 298
must be placed on the wait list in the order in which the 299
student is approved. An eligible student who does not receive a 300
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scholarship within the fiscal year must be retained on the wait 301
list for the subsequent year. 302
(4) AUTHORIZED USES OF P ROGRAM FUNDS.— 303
(a) Program funds awarded to a student determined eligible 304
pursuant to paragraph (3)(a) may be used for: 305
1. Tuition and fees at an eligible private school. 306
2. Transportation to a Florida public school in which a 307
student is enrolled and that is different from the school to 308
which the student was assigned or to a lab school as defined in 309
s. 1002.32. 310
3. Instructional materials, including digital materials 311
and Internet resources. 312
4. Curriculum as defined in subsection (2). 313
5. Tuition and fees associated with full -time or part-time 314
enrollment in an eligible postsecondary educational institution 315
or a program offered by the postsecondary educational 316
institution, unless the program is subject to s. 1009.25 or 317
reimbursed pursuant to s. 1009. 30; an approved preapprenticeship 318
program as defined in s. 446.021(5) which is not subject to s. 319
1009.25 and complies with all applicable requirements of the 320
department pursuant to chapter 1005; a private tutoring program 321
authorized under s. 1002.43; a vir tual program offered by a 322
department-approved private online provider that meets the 323
provider qualifications specified in s. 1002.45(2)(a); the 324
Florida Virtual School as a private paying student; or an 325
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approved online course offered pursuant to s. 1003.499 or s. 326
1004.0961. 327
6. Fees for nationally standardized, norm -referenced 328
achievement tests, Advanced Placement Examinations, industry 329
certification examinations, assessments related to postsecondary 330
education, or other assessments. 331
7. Contracted services provided by a public school or 332
school district, including classes. A student who receives 333
contracted services under this subparagraph is not considered 334
enrolled in a public school for eligibility purposes as 335
specified in subsection (6) but rather attendin g a public school 336
on a part-time basis as authorized under s. 1002.44. 337
8. Tuition and fees for part -time tutoring services or 338
fees for services provided by a choice navigator. Such services 339
must be provided by a person who holds a valid Florida 340
educator's certificate pursuant to s. 1012.56, a person who 341
holds an adjunct teaching certificate pursuant to s. 1012.57, a 342
person who has a bachelor's degree or a graduate degree in the 343
subject area in which instruction is given, a person who has 344
demonstrated a mastery of subject area knowledge pursuant to s. 345
1012.56(5), or a person certified by a nationally or 346
internationally recognized research -based training program as 347
approved by the department. As used in this subparagraph, the 348
term "part-time tutoring service s" does not qualify as regular 349
school attendance as defined in s. 1003.01(16)(e). 350
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(b) Program funds awarded to a student with a disability 351
determined eligible pursuant to paragraph (3)(b) may be used for 352
the following purposes: 353
1. Instructional materia ls, including digital devices, 354
digital periphery devices, and assistive technology devices that 355
allow a student to access instruction or instructional content 356
and training on the use of and maintenance agreements for these 357
devices. 358
2. Curriculum as defin ed in subsection (2). 359
3. Specialized services by approved providers or by a 360
hospital in this state which are selected by the parent. These 361
specialized services may include, but are not limited to: 362
a. Applied behavior analysis services as provided in ss . 363
627.6686 and 641.31098. 364
b. Services provided by speech -language pathologists as 365
defined in s. 468.1125(8). 366
c. Occupational therapy as defined in s. 468.203. 367
d. Services provided by physical therapists as defined in 368
s. 486.021(8). 369
e. Services provided by listening and spoken language 370
specialists and an appropriate acoustical environment for a 371
child who has a hearing impairment, including deafness, and who 372
has received an implant or assistive hearing device. 373
4. Tuition and fees associated with ful l-time or part-time 374
enrollment in a home education program; an eligible private 375
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school; an eligible postsecondary educational institution or a 376
program offered by the postsecondary educational institution, 377
unless the program is subject to s. 1009.25 or reim bursed 378
pursuant to s. 1009.30; an approved preapprenticeship program as 379
defined in s. 446.021(5) which is not subject to s. 1009.25 and 380
complies with all applicable requirements of the department 381
pursuant to chapter 1005; a private tutoring program authori zed 382
under s. 1002.43; a virtual program offered by a department -383
approved private online provider that meets the provider 384
qualifications specified in s. 1002.45(2)(a); the Florida 385
Virtual School as a private paying student; or an approved 386
online course offered pursuant to s. 1003.499 or s. 1004.0961. 387
5. Fees for nationally standardized, norm -referenced 388
achievement tests, Advanced Placement Examinations, industry 389
certification examinations, assessments related to postsecondary 390
education, or other assessment s. 391
6. Contributions to the Stanley G. Tate Florida Prepaid 392
College Program pursuant to s. 1009.98 or the Florida College 393
Savings Program pursuant to s. 1009.981 for the benefit of the 394
eligible student. 395
7. Contracted services provided by a public school or 396
school district, including classes. A student who receives 397
services under a contract under this paragraph is not considered 398
enrolled in a public school for eligibility purposes as 399
specified in subsection (6) but rather attending a public school 400
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on a part-time basis as authorized under s. 1002.44. 401
8. Tuition and fees for part -time tutoring services or 402
fees for services provided by a choice navigator. Such services 403
must be provided by a person who holds a valid Florida 404
educator's certificate pursuant to s. 1012.56, a person who 405
holds an adjunct teaching certificate pursuant to s. 1012.57, a 406
person who has a bachelor's degree or a graduate degree in the 407
subject area in which instruction is given, a person who has 408
demonstrated a mastery of subject area kno wledge pursuant to s. 409
1012.56(5), or a person certified by a nationally or 410
internationally recognized research -based training program as 411
approved by the department. As used in this subparagraph, the 412
term "part-time tutoring services" does not qualify as re gular 413
school attendance as defined in s. 1003.01(16)(e). 414
9. Fees for specialized summer education programs. 415
10. Fees for specialized after -school education programs. 416
11. Transition services provided by job coaches. 417
Transition services are a coordinated set of activities which 418
are focused on improving the academic and functional achievement 419
of a student with a disability to facilitate the student's 420
movement from school to postschool activities and are based on 421
the student's needs. 422
12. Fees for an annual evaluation of educational progress 423
by a state-certified teacher under s. 1002.41(1)(f), if this 424
option is chosen for a home education student. 425
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13. Tuition and fees associated with programs offered by 426
Voluntary Prekindergarten Education Program providers approved 427
pursuant to s. 1002.55 , and school readiness providers approved 428
pursuant to s. 1002.88 , and prekindergarten programs offered by 429
an eligible private school . 430
14. Fees for services provided at a center that is a 431
member of the Professional Association of Therapeutic 432
Horsemanship International. 433
15. Fees for services provided by a therapist who is 434
certified by the Certification Board for Music Therapists or 435
credentialed by the Art Therapy Credentials Board, Inc. 436
(5) TERM OF SCHOLARSHIP. —For purposes of continuity of 437
educational choice: 438
(a)1. A scholarship funded awarded to an eligible student 439
pursuant to paragraph (3)(a) shall remain in force until: 440
a. The organization determines that the student is not 441
eligible for program renewal; 442
b. The Commissioner of Education suspends or revokes 443
program participation or use of funds; 444
c. The student's parent has forfeited participation in the 445
program for failure to comply with subsection (10); 446
d. The student, who uses the scholarship for tuition and 447
fees pursuant to subparagraph (4)(a)1., enrolls in a public 448
school. However, if a student enters a Department of Juvenile 449
Justice detention center for a period of no more than 21 days, 450
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the student is not considered to h ave returned to a public 451
school on a full-time basis for that purpose; or 452
e. The student graduates from high school or attains 21 453
years of age, whichever occurs first. 454
2.a. The student's scholarship account must be closed and 455
any remaining funds shall revert to the state after: 456
(I) Denial or revocation of program eligibility by the 457
commissioner for fraud or abuse, including, but not limited to, 458
the student or student's parent accepting any payment, refund, 459
or rebate, in any manner, from a provider of any services 460
received pursuant to paragraph (4)(a); or 461
(II) Two consecutive fiscal years in which an account has 462
been inactive; or 463
(III) A student remains unenrolled in an eligible private 464
school for 30 days while receiving a scholarship that requires 465
full-time enrollment. 466
b. Reimbursements for program expenditures may continue 467
until the account balance is expended or remaining funds have 468
reverted to the state. 469
(b)1. A scholarship funded awarded to an eligible student 470
pursuant to paragraph (3)(b) sh all remain in force until: 471
a. The parent does not renew program eligibility; 472
b. The organization determines that the student is not 473
eligible for program renewal; 474
c. The Commissioner of Education suspends or revokes 475
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program participation or use of fun ds; 476
d. The student's parent has forfeited participation in the 477
program for failure to comply with subsection (10); 478
e. The student enrolls full time in a public school; or 479
f. The student graduates from high school or attains 22 480
years of age, whichever occurs first. 481
2. Reimbursements for program expenditures may continue 482
until the account balance is expended or the account is closed. 483
3. A student's scholarship account must be closed and any 484
remaining funds, including, but not limited to, contributio ns 485
made to the Stanley G. Tate Florida Prepaid College Program or 486
earnings from or contributions made to the Florida College 487
Savings Program using program funds pursuant to subparagraph 488
(4)(b)6., shall revert to the state after: 489
a. Denial or revocation o f program eligibility by the 490
commissioner for fraud or abuse, including, but not limited to, 491
the student or student's parent accepting any payment, refund, 492
or rebate, in any manner, from a provider of any services 493
received pursuant to subsection (4); 494
b. Any period of 3 consecutive years after high school 495
completion or graduation during which the student has not been 496
enrolled in an eligible postsecondary educational institution or 497
a program offered by the institution; or 498
c. Two consecutive fiscal years i n which an account has 499
been inactive. 500
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(c) Upon reasonable notice to the organization and the 501
school district, the student's parent may remove the student 502
from the participating private school and place the student in a 503
public school in accordance with this section. 504
(6) SCHOLARSHIP PROHIBITIONS. —A student is not eligible 505
for a Family Empowerment Scholarship while he or she is: 506
(a) Enrolled full time in a public school, including, but 507
not limited to, the Florida School for the Deaf and the Blind, 508
the College-Preparatory Boarding Academy, the Florida School for 509
Competitive Academics, the Florida Virtual School, the Florida 510
Scholars Academy, a developmental research school authorized 511
under s. 1002.32, or a charter school authorized under this 512
chapter. For purposes of this paragraph, a 3 - or 4-year-old 513
child who receives services funded through the Florida Education 514
Finance Program is considered to be a student enrolled in a 515
public school; 516
(c) Receiving any other educational scholarship pursuant 517
to this chapter. However, an eligible public school student 518
receiving a scholarship under s. 1002.411 may receive a 519
scholarship for transportation pursuant to subparagraph 520
(4)(a)2.; 521
(d) Not having regular and direct contact with his or her 522
private school teacher s pursuant to s. 1002.421(1)(i), unless he 523
or she is eligible pursuant to paragraph (3)(b) and enrolled in 524
the participating private school's transition -to-work program 525
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pursuant to subsection (16) or a home education program pursuant 526
to s. 1002.41; 527
(7) SCHOOL DISTRICT OBLIGATIONS. — 528
(d) Upon the request of the department, a school district 529
shall coordinate with the department to provide to a 530
participating private school the statewide assessments 531
administered under s. 1008.22 and any related materials for 532
administering the assessments. For a student who participates in 533
the Family Empowerment Scholarship Program whose parent requests 534
that the student take the statewide assessments under s. 535
1008.22, the district in which the student attends a 536
participating private school shall provide locations and times 537
to take all statewide assessments. A school district is 538
responsible for implementing test administrations at a 539
participating private school, including the: 540
1. Provision of training for private school staff on test 541
security and assessment administration procedures; 542
2. Distribution of testing materials to a private school; 543
3. Retrieval of testing materials from a private school; 544
4. Provision of the required format for a private school 545
to submit information to the district for test administration 546
and enrollment purposes; and 547
5. Provision of any required assistance, monitoring, or 548
investigation at a private school. 549
(8) DEPARTMENT OF EDUCATION OBLIGATIONS. — 550
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(a) The department shall: 551
1. Publish and update, as necessary, information on the 552
department website about the Family Empowerment Scholarship 553
Program, including, but not limited to, student eligibility 554
criteria, parental responsibilities, and relevant data. 555
2. Report, as part of the determination of full-time 556
equivalent membership pursuant to s. 1011.62(1)(a), all 557
scholarship students who are receiving a scholarship under the 558
program and are funded through the Florida Education Finance 559
Program, and cross-check the list of participating scholarship 560
students submitted by the eligible nonprofit scholarship -funding 561
organization with the full-time equivalent student membership 562
survey data public school enrollment lists to avoid duplication. 563
3. Maintain and annually publish a list of nation ally 564
norm-referenced tests identified for purposes of satisfying the 565
testing requirement in subparagraph (9)(c)1. The tests must meet 566
industry standards of quality in accordance with state board 567
rule. 568
4. Notify eligible nonprofit scholarship -funding 569
organizations of the deadlines for submitting the verified list 570
of eligible scholarship students determined to be eligible for a 571
scholarship. An eligible nonprofit scholarship -funding 572
organization may not submit a student for funding after February 573
1. 574
5. Deny or terminate program participation upon a parent's 575
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failure to comply with subsection (10). 576
6. Notify the parent and the organization when a 577
scholarship account is closed and program funds revert to the 578
state. 579
7. Notify an eligible nonprofit scholarsh ip-funding 580
organization of any of the organization's or other 581
organization's identified students who are receiving 582
scholarships under this chapter. 583
8. Maintain on its website a list of approved providers as 584
required by s. 1002.66, eligible postsecondary educational 585
institutions, eligible private schools, and eligible 586
organizations and may identify or provide links to lists of 587
other approved providers. 588
9. Require each organization to verify eligible 589
expenditures before the distribution of funds for any 590
expenditures made pursuant to subparagraphs (4)(b)1. and 2. 591
Review of expenditures made for services specified in 592
subparagraphs (4)(b)3. -15. may be completed after the purchase 593
is made. 594
10. Investigate any written complaint of a violation of 595
this section by a parent, a student, a participating private 596
school, a public school, a school district, an organization, a 597
provider, or another appropriate party in accordance with the 598
process established under s. 1002.421. 599
11. Require quarterly reports by an organi zation, which 600
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must include, at a minimum, the number of students participating 601
in the program; the demographics of program participants; the 602
disability category of program participants; the matrix level of 603
services, if known; the program award amount per s tudent; the 604
total expenditures for the purposes specified in paragraph 605
(4)(b); the types of providers of services to students; the 606
number of scholarship applications received, the number of 607
applications processed within 30 days after receipt, and the 608
number of incomplete applications received; data related to 609
reimbursement submissions, including the average number of days 610
for a reimbursement to be reviewed and the average number of 611
days for a reimbursement to be approved; any parent input and 612
feedback collected regarding the program; and any other 613
information deemed necessary by the department. 614
12. Notify eligible nonprofit scholarship -funding 615
organizations that scholarships may not be awarded in a school 616
district in which the award will exceed 99 percent of the school 617
district's share of state funding through the Florida Education 618
Finance Program as calculated by the department. 619
13. Adjust payments to eligible nonprofit scholarship -620
funding organizations and, when the Florida Education Finance 621
Program is recalculated, adjust the amount of state funds 622
allocated to school districts through the Florida Education 623
Finance Program based upon the results of the cross -check 624
completed pursuant to subparagraph 2. 625
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(d) The department may provide guidance to a partic ipating 626
private school that submits a transition -to-work program plan 627
pursuant to subsection (16). 628
(9) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS. —To be 629
eligible to participate in the Family Empowerment Scholarship 630
Program, a private school may be sectar ian or nonsectarian and 631
must: 632
(b) Provide to the organization all documentation required 633
for a student's participation, including confirmation of the 634
student's admission to the private school, the private school's 635
and student's fee schedules, and any other information required 636
by the organization to process scholarship payment under 637
subparagraph (12)(a)4. Such information must be provided by the 638
deadlines established by the organization and in accordance with 639
the requirements of this section at least 30 days before any 640
quarterly scholarship payment is made for the student pursuant 641
to paragraph (12)(a) . A student is not eligible to receive a 642
quarterly scholarship payment if the private school fails to 643
meet the this deadline. 644
645
If a private school fails to meet the requirements of this 646
subsection or s. 1002.421, the commissioner may determine that 647
the private school is ineligible to participate in the 648
scholarship program. 649
(10) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 650
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PARTICIPATION.— 651
(a) A parent who applies for a scholarship applies for 652
program participation under paragraph (3)(a) whose student will 653
be enrolled full time in an eligible a private school must: 654
1. Select an eligible the private school and apply for the 655
admission of his or h er student. 656
2. Request the scholarship by the a date established by 657
the organization, in a manner that creates a written or 658
electronic record of the request and the date of receipt of the 659
request. 660
3.a. Beginning with new applications for the 2025 -2026 661
school year and thereafter, notify the organization by December 662
15 that the scholarship is being accepted or declined. 663
b. Beginning with renewal applications for the 2025 -2026 664
school year and thereafter, notify the organization by May 31 665
that the scholarship is being renewed or declined. 666
4.3. Inform the applicable school district when the parent 667
withdraws his or her student from a public school to attend an 668
eligible private school. 669
5.4. Require his or her student participating in the 670
program to remain in attendance at the eligible private school 671
throughout the school year unless excused by the school for 672
illness or other good cause. 673
6.5. Meet with the eligible private school's principal or 674
the principal's designee to review the school's academic 675
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programs and policies, specialized services, code of student 676
conduct, and attendance policies before enrollment. 677
7.6. Require his or her that the student participating in 678
the scholarship program to take takes the norm-referenced 679
assessment offered by the eligible private school. The parent 680
may also choose to have the student participate in the statewide 681
assessments pursuant to paragraph (7)(d). If the parent requests 682
that the student participating in the program take all statewide 683
assessments required pursuan t to s. 1008.22, the parent is 684
responsible for transporting the student to the assessment site 685
designated by the school district. 686
8.7. Approve each payment before the scholarship funds may 687
be deposited by funds transfer pursuant to subparagraph 688
(12)(a)4. The parent may not designate any entity or individual 689
associated with the participating private school as the parent's 690
attorney in fact to approve a funds transfer. A participant who 691
fails to comply with this paragraph forfeits the scholarship. 692
9.8. Agree to have the organization commit scholarship 693
funds on behalf of his or her student for tuition and fees for 694
which the parent is responsible for payment at the eligible 695
private school before using scholarship empowerment account 696
funds for additional authorized uses under paragraph (4)(a). A 697
parent is responsible for all eligible expenses in excess of the 698
amount of the scholarship. 699
10. Comply with the scholarship application and renewal 700
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processes and requirements established by the organization. 701
(b) A parent who applies for a scholarship applies for 702
program participation under paragraph (3)(b) is exercising his 703
or her parental option to determine the appropriate placement or 704
the services that best meet the needs of his or her child and 705
must: 706
1. Apply to an eligible nonprofit scholarship -funding 707
organization to participate in the program by a date set by the 708
organization. The request must be communicated directly to the 709
organization in a manner that creates a written or electronic 710
record of the request and the date of receipt of the request. 711
2.a. Beginning with new applications for the 2025 -2026 712
school year and thereafter, notify the organization by December 713
15 that the scholarship is being accepted or declined. 714
b. Beginning with renewal applicat ions for the 2025-2026 715
school year and thereafter, notify the organization by May 31 716
that the scholarship is being renewed or declined. 717
3.2. Sign an agreement with the organization and annually 718
submit a sworn compliance statement to the organization to 719
satisfy or maintain program eligibility, including eligibility 720
to receive and spend program payments by: 721
a. Affirming that the student is enrolled in a program 722
that meets regular school attendance requirements as provided in 723
s. 1003.01(16)(b), (c), or (d) . 724
b. Affirming that the program funds are used only for 725
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authorized purposes serving the student's educational needs, as 726
described in paragraph (4)(b); that any prepaid college plan or 727
college savings plan funds contributed pursuant to subparagraph 728
(4)(b)6. will not be transferred to another beneficiary while 729
the plan contains funds contributed pursuant to this section; 730
and that they will not receive a payment, refund, or rebate of 731
any funds provided under this section. 732
c. Affirming that the parent is re sponsible for all 733
eligible expenses in excess of the amount of the scholarship and 734
for the education of his or her student by, as applicable: 735
(I) Requiring the student to take an assessment in 736
accordance with paragraph (9)(c); 737
(II) Providing an annual evaluation in accordance with s. 738
1002.41(1)(f); or 739
(III) Requiring the child to take any preassessments and 740
postassessments selected by the provider if the child is 4 years 741
of age and is enrolled in a program provided by an eligible 742
Voluntary Prekinderga rten Education Program provider. A student 743
with disabilities for whom the physician or psychologist who 744
issued the diagnosis or the IEP team determines that a 745
preassessment and postassessment is not appropriate is exempt 746
from this requirement. A participat ing provider shall report a 747
student's scores to the parent. 748
d. Affirming that the student remains in good standing 749
with the provider or school if those options are selected by the 750
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parent. 751
e. Enrolling his or her child in a program from a 752
Voluntary Prekindergarten Education Program provider authorized 753
under s. 1002.55, a school readiness provider authorized under 754
s. 1002.88, a prekindergarten program offered by an eligible 755
private school, or an eligible private school if either option 756
is selected by the parent. 757
f. Comply with the scholarship application and renewal 758
processes and requirements established by the organization 759
Renewing participation in the program each year . A student whose 760
participation in the program is not renewed may continue to 761
spend scholarship funds that are in his or her account from 762
prior years unless the account must be closed pursuant to 763
subparagraph (5)(b)3. Notwithstanding any changes to the 764
student's IEP, a student who was previously eligible for 765
participation in the pro gram shall remain eligible to apply for 766
renewal. However, for a high -risk child to continue to 767
participate in the program in the school year after he or she 768
reaches 6 years of age, the child's application for renewal of 769
program participation must contain d ocumentation that the child 770
has a disability defined in paragraph (2)(e) other than high -771
risk status. 772
g. Procuring the services necessary to educate the 773
student. If such services include enrollment in an eligible 774
private school, the parent must meet with the private school's 775
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principal or the principal's designee to review the school's 776
academic programs and policies, specialized services, code of 777
student conduct, and attendance policies before his or her 778
student is enrolled. The parent must also approve ea ch payment 779
to the eligible private school before the scholarship funds may 780
be deposited by funds transfer pursuant to subparagraph 781
(12)(a)4. The parent may not designate any entity or individual 782
associated with the eligible private school as the parent's 783
attorney in fact to approve a funds transfer. When the student 784
receives a scholarship, the district school board is not 785
obligated to provide the student with a free appropriate public 786
education. For purposes of s. 1003.57 and the Individuals with 787
Disabilities in Education Act, a participating student has only 788
those rights that apply to all other unilaterally parentally 789
placed students, except that, when requested by the parent, 790
school district personnel must develop an IEP or matrix level of 791
services. 792
(c) A parent may not apply for multiple scholarships under 793
this section and s. 1002.395 for an individual student at the 794
same time. 795
(d)(c) A participant who fails to comply with this 796
subsection forfeits the scholarship. 797
(11) OBLIGATIONS OF ELIGIBLE SCHOLAR SHIP-FUNDING 798
ORGANIZATIONS.— 799
(a) An eligible nonprofit scholarship -funding organization 800
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awarding scholarships to eligible students pursuant to paragraph 801
(3)(a) shall: 802
1. Establish a process for parents who are in compliance 803
with paragraph (10)(a) to re new their students' scholarships. 804
Renewal applications for the 2025 -2026 school year and 805
thereafter must provide for a renewal timeline beginning 806
February 1 of the prior school year and ending April 30 of the 807
prior school year. A student's renewal is conti ngent upon an 808
eligible private school providing confirmation of student 809
admission pursuant to subsection (9). The process must require 810
that parents confirm that the scholarship is being renewed or 811
declined by May 31. 812
2. Establish a process that allows a parent to apply for a 813
new scholarship. The process may begin no earlier than February 814
1 of the prior school year and must authorize submission of 815
applications until November 15. The process must be in a manner 816
that creates a written or electronic record of the application 817
request and the date of receipt of the application request. 818
Applications received after the deadline may be considered for 819
scholarship award in the subsequent fiscal year. The process 820
must require that parents confirm that the scholarship is being 821
accepted or declined by December 15. Must receive applications, 822
determine student eligibility, notify parents in accordance with 823
the requirements of this section, and provide the department 824
with information on the student to enable the department to 825
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determine student funding in accordance with paragraph (12)(a). 826
3.2. Shall Verify the household income level of students 827
seeking priority eligibility and submit the verified list of 828
students and related documentation to the department when 829
necessary. 830
4.3. Shall Award scholarships in priority order pursuant 831
to paragraph (3)(a). 832
5.4. Shall Establish and maintain separate scholarship 833
empowerment accounts for each eligible student. For each 834
account, the organization must maintain a record of accrued 835
interest that is retained in the student's account and available 836
only for authorized program expenditures. 837
6.5. May Permit eligible students to use program funds for 838
the purposes specified in paragraph (4)(a) , as authorized in the 839
organization's purchasing handbook, by paying for the authorized 840
use directly, then submitting a reimbursement request to the 841
eligible nonprofit scholarship -funding organization. However, an 842
eligible nonprofit scholarship -funding organization may require 843
the use of an online platf orm for direct purchases of products 844
so long as such use does not limit a parent's choice of 845
curriculum or academic programs. If a parent purchases a product 846
identical to one offered by an organization's online platform 847
for a lower price, the organization must shall reimburse the 848
parent the cost of the product. 849
6. May, from eligible contributions received pursuant to 850
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s. 1002.395(6)(l)1., use an amount not to exceed 2.5 percent of 851
the total amount of all scholarships funded under this section 852
for administrative expenses associated with performing functions 853
under this section. An eligible nonprofit scholarship -funding 854
organization that has, for the prior fiscal year, complied with 855
the expenditure requirements of s. 1002.395(6)(l)2., may use an 856
amount not to exceed 3 percent. Such administrative expense 857
amount is considered within the 3 percent limit on the total 858
amount an organization may use to administer scholarships under 859
this chapter. 860
7. Must, In a timely manner, submit the verified list of 861
students and any information requested by the department 862
relating to the scholarship under this section. 863
8. Must Notify the department about any violation of this 864
section. 865
9. Must Document each student's eligibility for a fiscal 866
year before granting a scholarship for that fiscal year. A 867
student is ineligible for a scholarship if the student's account 868
has been inactive for 2 consecutive fiscal years. 869
10. Must Notify each parent that participation in the 870
scholarship program does n ot guarantee enrollment. 871
11. Shall Commit scholarship funds on behalf of the 872
student for tuition and fees for which the parent is responsible 873
for payment at the participating private school before using 874
scholarship empowerment account funds for additiona l authorized 875
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uses under paragraph (4)(a). 876
(b) An eligible nonprofit scholarship -funding organization 877
awarding scholarships to eligible students pursuant to paragraph 878
(3)(b) shall: 879
1. Establish a process for parents who are in compliance 880
with paragraph (10)(b) to renew their students' scholarships. 881
Renewal applications for the 2025 -2026 school year and 882
thereafter must provide for a renewal timeline beginning 883
February 1 of the prior school year and ending April 30 of the 884
prior school year. A student's ren ewal is contingent upon an 885
eligible private school providing confirmation of student 886
admission pursuant to subsection (9), if applicable. The process 887
must require that parents confirm that the scholarship is being 888
renewed or declined by May 31. 889
2. Establish a process that allows a parent to apply for a 890
new scholarship. The process may begin no earlier than February 891
1 of the prior school year and must authorize the submission of 892
applications until November 15. The process must be in a manner 893
that creates a written or electronic record of the application 894
request and the date of receipt of the application request. 895
Applications received after the deadline may be considered for 896
scholarship award in the subsequent fiscal year. The process 897
must require that paren ts confirm that the scholarship is being 898
accepted or declined by December 15. 899
1. Receive applications, determine student eligibility, 900
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and notify parents in accordance with the requirements of this 901
section. When an application is approved, the organizatio n must 902
provide the department with information on the student to enable 903
the department to determine student funding in accordance with 904
paragraph (12)(b). 905
2. Establish a date by which a parent must confirm initial 906
or continuing participation in the progra m. 907
3. Review applications and award scholarships using the 908
following priorities: 909
a. For the 2021-2022 school year, a student who received a 910
Gardiner Scholarship in the 2020 -2021 school year and meets the 911
eligibility requirements in paragraph (3)(b). 912
a.b. Renewing students from the previous school year. 913
c. Students retained on the previous school year's wait 914
list. 915
b.d. An eligible student who meets the criteria for an 916
initial award pursuant to paragraph (3)(b) on a first-come, 917
first-served basis. 918
919
An approved student who does not receive a scholarship must be 920
placed on the wait list in the order in which his or her 921
application is approved. A student who does not receive a 922
scholarship within the fiscal year shall be retained on the wait 923
list for the subsequent fiscal year. 924
4. Establish and maintain separate accounts for each 925
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eligible student. For each account, the organization must 926
maintain a record of accrued interest that is retained in the 927
student's account and available only for authorized progr am 928
expenditures. 929
5. Verify qualifying educational expenditures pursuant to 930
the requirements of paragraph (4)(b). 931
6. Return any remaining program funds to the department 932
pursuant to paragraph (6)(b). 933
7. Notify the parent about the availability of, and the 934
requirements associated with requesting, an initial IEP or IEP 935
reevaluation every 3 years for each student participating in the 936
program. 937
8. Notify the parent of available state and local 938
services, including, but not limited to, services under chapte r 939
413. 940
9. In a timely manner, submit to the department the 941
verified list of eligible scholarship students and any 942
information requested by the department relating to the 943
scholarship under this section. 944
10.8. Notify the department of any violation of th is 945
section. 946
11.9. Document each scholarship student's eligibility for 947
a fiscal year before granting a scholarship for that fiscal year 948
pursuant to paragraph (3)(b). A student is ineligible for a 949
scholarship if the student's account has been inactive for 2 950
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consecutive fiscal years. 951
(c) An eligible nonprofit scholarship -funding organization 952
may, from eligible contributions received pursuant to s. 953
1002.395(6)(l)1., use an amount not to exceed 2.5 percent of the 954
total amount of all scholarships funded under this section for 955
administrative expenses associated with performing functions 956
under this section. An organization that, for the prior fiscal 957
year, has complied with the expenditure requirements of s. 958
1002.395(6)(l)3. may use an amount not to exceed 3 perc ent. Such 959
administrative expense amount is considered within the 3 -percent 960
limit on the total amount an organization may use to administer 961
scholarships under this chapter. 962
(d) An eligible nonprofit scholarship -funding organization 963
shall establish a proce ss to collect input and feedback from 964
parents, private schools, and providers before implementing 965
substantial modifications or enhancements to the reimbursement 966
process. 967
(12) SCHOLARSHIP FUNDING AND PAYMENT. — 968
(a)1. Scholarships for students determined eligible 969
pursuant to paragraph (3)(a) may be funded once all scholarships 970
have been funded in accordance with s. 1002.395(6)(l)2. The 971
calculated scholarship amount for a participating student 972
determined eligible pursuant to paragraph (3)(a) shall be based 973
upon the grade level and school district in which the student 974
was assigned as 100 percent of the funds per unweighted full -975
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time equivalent in the Florida Education Finance Program for a 976
student in the basic program established pursuant to s. 977
1011.62(1)(c)1., plus a per-full-time equivalent share of funds 978
for the categorical programs established in s. 1011.62(5), 979
(7)(a), and (16), as funded in the General Appropriations Act. 980
2. A scholarship of $750 or an amount equal to the school 981
district expenditure pe r student riding a school bus, as 982
determined by the department, whichever is greater, may be 983
awarded to an eligible student who is enrolled in a Florida 984
public school that is different from the school to which the 985
student was assigned or in a lab school as defined in s. 1002.32 986
if the school district does not provide the student with 987
transportation to the school. 988
3.a. For renewing scholarship students, the organization 989
must provide the department with the documentation necessary to 990
verify the student's continued eligibility to participate in the 991
scholarship program at least 30 days before each payment 992
participation. Upon receiving the verified list of eligible 993
scholarship students documentation, the department shall release 994
transfer, beginning August 1 , from state funds only, the amount 995
calculated pursuant to subparagraph 1. 2. to the organization 996
for deposit into the student's account in quarterly payments no 997
later than August 1, November 1, February 1, and April 1 of 998
quarterly disbursement to parents of p articipating students each 999
school year in which the scholarship is in force. 1000
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b. For new scholarship students, the organization must 1001
verify the student's eligibility to participate in the 1002
scholarship program at least 30 days before each payment. Upon 1003
receiving the verified list of eligible scholarship students, 1004
the department shall release, from state funds only, the amount 1005
calculated pursuant to subparagraph 1. to the organization for 1006
deposit into the student's account in quarterly payments no 1007
later than September 1, November 1, February 1, and April 1 of 1008
each school year in which the scholarship is in force. For a 1009
student exiting a Department of Juvenile Justice commitment 1010
program who chooses to participate in the scholarship program, 1011
the amount calculate d pursuant to subparagraph 1. must be 1012
transferred from the school district in which the student last 1013
attended a public school before commitment to the Department of 1014
Juvenile Justice. 1015
c. The department is authorized to release the state funds 1016
contingent upon verification that the organization will comply 1017
with s. 1002.395(6)(l) based upon the organization's submitted 1018
verified list of eligible scholarship students pursuant to s. 1019
1002.395 For a student exiting a Department of Juvenile Justice 1020
commitment program who chooses to participate in the scholarship 1021
program, the amount of the Family Empowerment Scholarship 1022
calculated pursuant to subparagraph 2. must be transferred from 1023
the school district in which the student last attended a public 1024
school before commitm ent to the Department of Juvenile Justice. 1025
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When a student enters the scholarship program, the organization 1026
must receive all documentation required for the student's 1027
participation, including the private school's and the student's 1028
fee schedules, at least 30 days before the first quarterly 1029
scholarship payment is made for the student . 1030
4. The initial payment shall be made after the 1031
organization's verification of admission acceptance, and 1032
subsequent payments shall be made upon verification of continued 1033
enrollment and attendance at the participating private school. 1034
Payments for tuition and fees for full -time enrollment shall be 1035
made within 7 business days after approval by the parent 1036
pursuant to paragraph (10)(a) and the private school pursuant to 1037
paragraph (9)(b). Payment must be by funds transfer or any other 1038
means of payment that the department deems to be commercially 1039
viable or cost-effective. An organization shall ensure that the 1040
parent has approved a funds transfer before any scholarship 1041
funds are deposited. 1042
5. An organization may not transfer any funds to an 1043
account of a student determined eligible pursuant to paragraph 1044
(3)(a) which has a balance in excess of $24,000. 1045
(b)1. For the 2024-2025 2023-2024, school year, the 1046
maximum number of scholarships funded students participating in 1047
the scholarship program under paragraph (3)(b) shall be 72,615 1048
the number of students the organization and the department 1049
determined eligible pursuant to this section . Beginning in the 1050
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2025-2026 2024-2025 school year, the maximum number of 1051
scholarships funded students participating in the scholarship 1052
program under paragraph (3)(b) shall annually increase by 5 3.0 1053
percent of the state's total exceptional student education full -1054
time equivalent student membership, not including gifted 1055
students. The maximum number of scholarships funded shall 1056
increase by 1 percent of the state's total exceptional student 1057
education full-time equivalent student membership, not including 1058
gifted students, in the school year following any school year in 1059
which the number of scholarships funded exceeds 95 percent of 1060
the number of available scholarships for that school year. An 1061
eligible student who meets any of the following requirements 1062
shall be excluded from the maximum number of students if the 1063
student: 1064
a. Received specialized instructional services under the 1065
Voluntary Prekindergarten Education Program pursuant to s. 1066
1002.66 during the previous school year and the student has a 1067
current IEP developed by the district school board in accordance 1068
with rules of the State Board of Education; 1069
b. Is a dependent child of a law enforcement officer or a 1070
member of the United States Armed Forces, a foster child, or an 1071
adopted child; or 1072
c. Spent the prior school year in attendance at a Florida 1073
public school or the Florida School for the Deaf and the Blind. 1074
For purposes of this subparagraph, the term "prior school year 1075
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in attendance" means that the student was enrolled and reported 1076
by: 1077
(I) A school district for funding during either the 1078
preceding October or Febru ary full-time equivalent student 1079
membership surveys in kindergarten through grade 12, which 1080
includes time spent in a Department of Juvenile Justice 1081
commitment program if funded under the Florida Education Finance 1082
Program; 1083
(II) The Florida School for the Deaf and the Blind during 1084
the preceding October or February full -time equivalent student 1085
membership surveys in kindergarten through grade 12; 1086
(III) A school district for funding during the preceding 1087
October or February full -time equivalent student member ship 1088
surveys, was at least 4 years of age when enrolled and reported, 1089
and was eligible for services under s. 1003.21(1)(e); or 1090
(IV) Received a John M. McKay Scholarship for Students 1091
with Disabilities in the 2021 -2022 school year. 1092
2. For a student who h as a Level I to Level III matrix of 1093
services or a diagnosis by a physician or psychologist, the 1094
calculated scholarship amount for a student participating in the 1095
program must be based upon the grade level and school district 1096
in which the student would have been enrolled as the total funds 1097
per unweighted full-time equivalent in the Florida Education 1098
Finance Program for a student in the basic exceptional student 1099
education program pursuant to s. 1011.62(1)(c) and (d), plus a 1100
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per full-time equivalent share of fu nds for the categorical 1101
programs established in s. 1011.62(5), (7)(a), (8), and (16), as 1102
funded in the General Appropriations Act. For the categorical 1103
program established in s. 1011.62(8), the funds must be 1104
allocated based on the school district's average exceptional 1105
student education guaranteed allocation funds per exceptional 1106
student education full -time equivalent student. 1107
3. For a student with a Level IV or Level V matrix of 1108
services, the calculated scholarship amount must be based upon 1109
the school district to which the student would have been 1110
assigned as the total funds per full -time equivalent for the 1111
Level IV or Level V exceptional student education program 1112
pursuant to s. 1011.62(1)(c)2.a. or b., plus a per -full time 1113
equivalent share of funds for the categorical programs 1114
established in s. 1011.62(5), (7)(a), and (16), as funded in the 1115
General Appropriations Act. 1116
4. For a student who received a Gardiner Scholarship 1117
pursuant to former s. 1002.385 in the 2020 -2021 school year, the 1118
amount shall be the greater of the amount calculated pursuant to 1119
subparagraph 2. or the amount the student received for the 2020 -1120
2021 school year. 1121
5. For a student who received a John M. McKay Scholarship 1122
pursuant to former s. 1002.39 in the 2020 -2021 school year, the 1123
amount shall be the greater of the amount calculated pursuant to 1124
subparagraph 2. or the amount the student received for the 2020 -1125
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2021 school year. 1126
6. The organization must provide the department with the 1127
documentation necessary to verify the student's eligibility to 1128
participate in the scholarship program at least 30 days before 1129
each payment participation. 1130
7.a. For renewing scholarship students, upon receiving the 1131
verified list of eligible scholarship students, the department 1132
shall release, from state funds only, the amount calculated 1133
pursuant to subparagraph 1. to the organization for deposit into 1134
the student's account in quarterly payments no later than August 1135
1, November 1, February 1, and April 1 of each school year in 1136
which the scholarship is in force. 1137
b. For new scholarship students, upon receiving the 1138
verified list of eligible scholarship students documentation, 1139
the department shall release, from state funds only, the amount 1140
calculated pursuant to subparagraph 1. student's scholarship 1141
funds to the organization for deposit, to be deposited into the 1142
student's account in quarterly payments four equal amounts no 1143
later than September 1, November 1, February 1, and April 1 of 1144
each school year in which the scholarship is in force. 1145
8. If a scholarship student is attending an eligible 1146
private school full time, the initial payment shall be made 1147
after the organization's verification of admission acceptance, 1148
and subsequent payments shall be made upon verification of 1149
continued enrollment and att endance at the eligible private 1150
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school. Payments for tuition and fees for full -time enrollment 1151
shall be made within 7 business days after approval by the 1152
parent pursuant to paragraph (10)(b) and the private school 1153
pursuant to paragraph (9)(b). 1154
9.8. Accrued interest in the student's account is in 1155
addition to, and not part of, the awarded funds. Program funds 1156
include both the awarded funds and accrued interest. 1157
10.9. The organization may develop a system for payment of 1158
benefits by funds transfer, includin g, but not limited to, debit 1159
cards, electronic payment cards, or any other means of payment 1160
which the department deems to be commercially viable or cost -1161
effective. A student's scholarship award may not be reduced for 1162
debit card or electronic payment fees. Commodities or services 1163
related to the development of such a system must be procured by 1164
competitive solicitation unless they are purchased from a state 1165
term contract pursuant to s. 287.056. 1166
11.10. An organization may not transfer any funds to an 1167
account of a student determined to be eligible pursuant to 1168
paragraph (3)(b) which has a balance in excess of $50,000. 1169
12.11. Moneys received pursuant to this section do not 1170
constitute taxable income to the qualified student or the parent 1171
of the qualified student . 1172
(c) An organization may not submit a new scholarship 1173
student for funding after February 1. 1174
(d) Within 30 days after the release of state funds 1175
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pursuant to paragraphs (a) and (b), the eligible scholarship -1176
funding organization shall certify to the dep artment the amount 1177
of funds distributed for student scholarships. If the amount of 1178
funds released by the department is more than the amount 1179
distributed by the organization, the department is authorized to 1180
adjust the amount of the overpayment in the subsequ ent quarterly 1181
payment release. 1182
(16) TRANSITION-TO-WORK PROGRAM.—A student with a 1183
disability who is determined eligible pursuant to paragraph 1184
(3)(b) who is at least 17 years, but not older than 22 years of 1185
age and who has not received a high school diplom a or 1186
certificate of completion is eligible for enrollment in his or 1187
her participating private school's transition -to-work program. A 1188
transition-to-work program shall consist of academic 1189
instruction, work skills training, and a volunteer or paid work 1190
experience. 1191
(a) To offer a transition -to-work program, a participating 1192
private school must: 1193
1. Develop a transition -to-work program plan, which must 1194
include a written description of the academic instruction and 1195
work skills training students will receive and the goals for 1196
students in the program. 1197
2. Submit the transition -to-work program plan to the 1198
Office of Independent Education and Parental Choice and consider 1199
any guidance provided by the department pursuant to paragraph 1200
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(8)(d) relating to the plan . 1201
3. Develop a personalized transition -to-work program plan 1202
for each student enrolled in the program. The student's parent, 1203
the student, and the school principal must sign the personalized 1204
plan. The personalized plan must be submitted to the Office of 1205
Independent Education and Parental Choice upon request by the 1206
office. 1207
4. Provide a release of liability form that must be signed 1208
by the student's parent, the student, and a representative of 1209
the business offering the volunteer or paid work experience. 1210
5. Assign a case manager or job coach to visit the 1211
student's job site on a weekly basis to observe the student and, 1212
if necessary, provide support and guidance to the student. 1213
6. Provide to the parent and student a quarterly report 1214
that documents and explains the s tudent's progress and 1215
performance in the program. 1216
7. Maintain accurate attendance and performance records 1217
for the student. 1218
(b) A student enrolled in a transition -to-work program 1219
must, at a minimum: 1220
1. Receive 15 instructional hours at the participating 1221
private school's physical facility, which must include academic 1222
instruction and work skills training. 1223
2. Participate in 10 hours of work at the student's 1224
volunteer or paid work experience. 1225
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(c) To participate in a transition -to-work program, a 1226
business must: 1227
1. Maintain an accurate record of the student's 1228
performance and hours worked and provide the information to the 1229
participating private school. 1230
2. Comply with all state and federal child labor laws. 1231
Section 4. Paragraph (c) of subsection (1) , paragraphs (b) 1232
and (f) of subsection (2), subsection (3), paragraphs (a) and 1233
(c) of subsection (4), paragraphs (c) through (i) and (l), (p), 1234
(q), (t), (u), and (w) of subsection (6), subsections (7) and 1235
(8), paragraphs (d), (e), (f), and (i) of subsectio n (9), 1236
paragraph (b) of subsection (10), paragraphs (c), (f), and (h) 1237
of subsection (11), and subsection (15) of section 1002.395, 1238
Florida Statutes, are amended, and paragraph (y) is added to 1239
subsection (6) and paragraph (i) is added to subsection (11) of 1240
that section, to read: 1241
1002.395 Florida Tax Credit Scholarship Program. — 1242
(1) FINDINGS AND PURPOSE. — 1243
(c) The purpose of this section is not to prescribe the 1244
standards or curriculum for participating private schools. A 1245
participating private school retains the authority to determine 1246
its own standards and curriculum. 1247
(2) DEFINITIONS.—As used in this section, the term: 1248
(b) "Choice navigator" means an individual who meets the 1249
requirements of sub-subparagraph (6)(d)4.h. (6)(d)2.h. and who 1250
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provides consultations, at a mutually agreed upon location, on 1251
the selection of, application for, and enrollment in educational 1252
options addressing the academic needs of a student; curriculum 1253
selection; and advice on career and postsecondary educat ion 1254
opportunities. However, nothing in this section authorizes a 1255
choice navigator to oversee or exercise control over the 1256
curricula or academic programs of a personalized education 1257
program. 1258
(f) "Eligible contribution" means a monetary contribution 1259
from a taxpayer, subject to the restrictions provided in this 1260
section, to an eligible nonprofit scholarship -funding 1261
organization pursuant to this section and ss. 212.099, 212.1831, 1262
and 212.1832, and 1002.40. The taxpayer making the contribution 1263
may not designate a specific child as the beneficiary of the 1264
contribution. 1265
(3) PROGRAM; INITIAL SCHOLARSHIP ELIGIBILITY. — 1266
(a) The Florida Tax Credit Scholarship Program is 1267
established. 1268
(b)1. A student is eligible for a Florida tax credit 1269
scholarship under this sectio n if the student: 1270
a. Is a resident of this state or the dependent child of 1271
an active duty member of the United States Armed Forces who has 1272
received permanent change of station orders to this state or, at 1273
the time of renewal, whose home of record or state of legal 1274
residence is Florida; and 1275
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b. Is eligible to enroll in kindergarten through grade 12 1276
in a public school in this state or received a scholarship under 1277
the Hope Scholarship Program in the 2023 -2024 school year. 1278
2. Priority must be given in the f ollowing order: 1279
a. A student whose household income level does not exceed 1280
185 percent of the federal poverty level or who is in foster 1281
care or out-of-home care. 1282
b. A student whose household income level exceeds 185 1283
percent of the federal poverty level, but does not exceed 400 1284
percent of the federal poverty level. 1285
(4) SCHOLARSHIP PROHIBITIONS. —A student is not eligible 1286
for a scholarship while he or she is: 1287
(a) Enrolled full time in a public school, including, but 1288
not limited to, the Florida School fo r the Deaf and the Blind, 1289
the College-Preparatory Boarding Academy, the Florida School for 1290
Competitive Academics, the Florida Virtual School, the Florida 1291
Scholars Academy, a developmental research school authorized 1292
under s. 1002.32, or a charter school aut horized under this 1293
chapter. For purposes of this paragraph, a 3 - or 4-year-old 1294
child who receives services funded through the Florida Education 1295
Finance Program is considered a student enrolled full-time in a 1296
public school; 1297
(c) Receiving any other educati onal scholarship pursuant 1298
to this chapter. However, an eligible public school student 1299
receiving a scholarship under s. 1002.411 may receive a 1300
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scholarship for transportation pursuant to subparagraph 1301
(6)(d)4.; 1302
(6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARS HIP-FUNDING 1303
ORGANIZATIONS.—An eligible nonprofit scholarship -funding 1304
organization: 1305
(c) Must not have an owner or operator , as defined in 1306
subparagraph (2)(k)1., who owns or operates an eligible private 1307
school that is participating in the scholarship progr am. 1308
(d)1. For the 2023-2024 school year, may fund no more than 1309
20,000 scholarships for students who are enrolled pursuant to 1310
paragraph (7)(b). The number of scholarships funded for such 1311
students may increase by 40,000 in each subsequent school year. 1312
This subparagraph is repealed July 1, 2027. 1313
2. Shall establish a process for parents who are in 1314
compliance with paragraph (7)(a) to renew their students' 1315
scholarships. Renewal applications for the 2025 -2026 school year 1316
and thereafter must provide for a renew al timeline beginning 1317
February 1 of the prior school year and ending April 30 of the 1318
prior school year. A student's renewal is contingent upon an 1319
eligible private school providing confirmation of admission 1320
pursuant to subsection (8). The process must requi re that 1321
parents confirm that the scholarship is being renewed or 1322
declined by May 31. 1323
3. Shall establish a process that allows a parent to apply 1324
for a new scholarship. The process must be in a manner that 1325
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creates a written or electronic record of the appl ication 1326
request and the date of receipt of the application request. The 1327
process must require that parents confirm that the scholarship 1328
is being accepted or declined by a date set by the organization. 1329
4.2. Must establish and maintain separate scholarship 1330
empowerment accounts from eligible contributions for each 1331
eligible student. For each account, the organization must 1332
maintain a record of accrued interest retained in the student's 1333
account. The organization must verify that scholarship funds are 1334
used for: 1335
a. Tuition and fees for full -time or part-time enrollment 1336
in an eligible private school. 1337
b. Transportation to a Florida public school in which a 1338
student is enrolled and that is different from the school to 1339
which the student was assigned or to a lab scho ol as defined in 1340
s. 1002.32. 1341
c. Instructional materials, including digital materials 1342
and Internet resources. 1343
d. Curriculum as defined in s. 1002.394(2). 1344
e. Tuition and fees associated with full -time or part-time 1345
enrollment in a home education instruc tional program; an 1346
eligible postsecondary educational institution or a program 1347
offered by the postsecondary educational institution, unless the 1348
program is subject to s. 1009.25 or reimbursed pursuant to s. 1349
1009.30; an approved preapprenticeship program as defined in s. 1350
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446.021(5) which is not subject to s. 1009.25 and complies with 1351
all applicable requirements of the Department of Education 1352
pursuant to chapter 1005; a private tutoring program authorized 1353
under s. 1002.43; a virtual program offered by a depart ment-1354
approved private online provider that meets the provider 1355
qualifications specified in s. 1002.45(2)(a); the Florida 1356
Virtual School as a private paying student; or an approved 1357
online course offered pursuant to s. 1003.499 or s. 1004.0961. 1358
f. Fees for nationally standardized, norm -referenced 1359
achievement tests, Advanced Placement Examinations, industry 1360
certification examinations, assessments related to postsecondary 1361
education, or other assessments. 1362
g. Contracted services provided by a public school or 1363
school district, including classes. A student who receives 1364
contracted services under this sub -subparagraph is not 1365
considered enrolled in a public school for eligibility purposes 1366
as specified in subsection (11) but rather attending a public 1367
school on a part-time basis as authorized under s. 1002.44. 1368
h. Tuition and fees for part -time tutoring services or 1369
fees for services provided by a choice navigator. Such services 1370
must be provided by a person who holds a valid Florida 1371
educator's certificate pursuant to s. 1012.56, a person who 1372
holds an adjunct teaching certificate pursuant to s. 1012.57, a 1373
person who has a bachelor's degree or a graduate degree in the 1374
subject area in which instruction is given, a person who has 1375
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demonstrated a mastery of subject area knowledge pursuant to s. 1376
1012.56(5), or a person certified by a nationally or 1377
internationally recognized research -based training program as 1378
approved by the Department of Education. As used in this 1379
paragraph, the term "part -time tutoring services" does not 1380
qualify as regular school attendance as defined in s. 1381
1003.01(16)(e). 1382
(e) For students determined eligible pursuant to paragraph 1383
(7)(b), must: 1384
1. Establish a process for parents who are in compliance 1385
with subparagraph (7) (b)1. to apply for a new scholarship. New 1386
scholarship applications for the 2025 -2026 school year and 1387
thereafter must provide for an application timeline beginning 1388
February 1 of the prior school year and ending April 30 of the 1389
prior school year. The process must require that parents confirm 1390
that the scholarship is being accepted or declined by May 31. 1391
2. Establish a process for parents who are in compliance 1392
with paragraph (7)(b) to renew their students' scholarships. 1393
Renewal scholarship applications for th e 2025-2026 school year 1394
and thereafter must provide for a renewal timeline beginning 1395
February 1 of the prior school year and ending April 30 of the 1396
prior school year. The process must require that parents confirm 1397
that the scholarship is being renewed or de clined by May 31. 1398
3.1. Maintain a signed agreement from the parent which 1399
constitutes compliance with the attendance requirements under 1400
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ss. 1003.01(16) and 1003.21(1). 1401
4.2. Receive eligible student test scores and, beginning 1402
with the 2027-2028 school year, by August 15, annually report 1403
test scores for students pursuant to paragraph (7)(b) to a state 1404
university pursuant to paragraph (9)(f). 1405
5.3. Provide parents with information, guidance, and 1406
support to create and annually update a student learning plan 1407
for their student. The organization must maintain the plan and 1408
allow parents to electronically submit, access, and revise the 1409
plan continuously. 1410
6.4. Upon submission by the parent of an annual student 1411
learning plan, fund a scholarship for a student dete rmined 1412
eligible. 1413
(f) Must give first priority to eligible renewal students 1414
who received a scholarship from an eligible nonprofit 1415
scholarship-funding organization or from the State of Florida 1416
during the previous school year. The eligible nonprofit 1417
scholarship-funding organization must fully apply and exhaust 1418
all funds available under this section and s. 1002.40(11)(i) for 1419
renewal scholarship awards before awarding any initial 1420
scholarships. 1421
(g) Must provide a new renewal or initial scholarship to 1422
an eligible student on a first -come, first-served basis unless 1423
the student is seeking priority eligibility qualifies for 1424
priority pursuant to subsection (3) paragraph (f). 1425
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(h) Each eligible nonprofit scholarship -funding 1426
organization Must refer any student eligib le for a scholarship 1427
pursuant to this section who did not receive a renewal or 1428
initial scholarship based solely on the lack of available funds 1429
under this section and s. 1002.40(11)(i) to another eligible 1430
nonprofit scholarship -funding organization that may have funds 1431
available. 1432
(i) May not restrict or reserve scholarships for use at a 1433
particular eligible private school or provide scholarships to a 1434
child of an owner or operator as defined in subparagraph 1435
(2)(k)1. 1436
(l)1. May use eligible contributions recei ved pursuant to 1437
this section and ss. 212.099, 212.1831, and 212.1832, and 1438
1002.40 during the state fiscal year in which such contributions 1439
are collected for administrative expenses if the organization 1440
has operated as an eligible nonprofit scholarship -funding 1441
organization for at least the preceding 3 fiscal years and did 1442
not have any findings of material weakness or material 1443
noncompliance in its most recent audit under paragraph (o) or is 1444
in good standing in each state in which it administers a 1445
scholarship program and the audited financial statements for the 1446
preceding 3 fiscal years are free of material misstatements and 1447
going concern issues. Administrative expenses from eligible 1448
contributions may not exceed 3 percent of the total amount of 1449
all scholarships funded by an eligible scholarship -funding 1450
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organization under this chapter. Such administrative expenses 1451
must be reasonable and necessary for the organization's 1452
management and distribution of scholarships funded under this 1453
chapter. Administrative expenses ma y include developing or 1454
contracting with rideshare programs or facilitating carpool 1455
strategies for recipients of a transportation scholarship under 1456
s. 1002.394. No funds authorized under this subparagraph shall 1457
be used for lobbying or political activity or expenses related 1458
to lobbying or political activity. Up to one -third of the funds 1459
authorized for administrative expenses under this subparagraph 1460
may be used for expenses related to the recruitment of 1461
contributions from taxpayers. An eligible nonprofit scho larship-1462
funding organization may not charge an application fee. 1463
2. Must expend for annual or partial -year scholarships 100 1464
percent of any eligible contributions from the prior fiscal 1465
year. 1466
3.2. Must expend award for annual or partial -year 1467
scholarships an amount equal to or greater than 75 percent of 1468
all estimated net eligible contributions, as defined in 1469
subsection (2), and all funds carried forward from the prior 1470
state fiscal year remaining after administrative expenses during 1471
the state fiscal year in which such eligible contributions are 1472
collected before funding any scholarships to students determined 1473
eligible pursuant to s. 1002.394(3)(a) . No more than 25 percent 1474
of such net eligible contributions may be carried forward to the 1475
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following state fiscal year. All amounts carried forward, for 1476
audit purposes, must be specifically identified for particular 1477
students, by student name and the name of the school to which 1478
the student is admitted, subject to the requirements of ss. 1479
1002.22 and 1002.221 and 20 U.S.C. s. 1232g, and the applicable 1480
rules and regulations issued pursuant thereto. Any amounts 1481
carried forward shall be expended for annual or partial -year 1482
scholarships in the following state fiscal year. No later than 1483
September 30 of each year, ne t Eligible contributions remaining 1484
on June 30 of each year that are in excess of the 25 percent 1485
that may be carried forward shall be used to provide 1486
scholarships to eligible students or transferred to other 1487
eligible nonprofit scholarship -funding organizations to provide 1488
scholarships for eligible students. All transferred funds must 1489
be deposited by each eligible nonprofit scholarship -funding 1490
organization receiving such funds into its scholarship account. 1491
All transferred amounts received by any eligible nonpr ofit 1492
scholarship-funding organization must be separately disclosed in 1493
the annual financial audit required under paragraph (o). 1494
4.3. Must, before granting a scholarship for an academic 1495
year, document each scholarship student's eligibility for that 1496
academic year. A scholarship -funding organization may not grant 1497
multiyear scholarships in one approval process. 1498
(p) Must prepare and submit quarterly reports to the 1499
Department of Education pursuant to paragraph (9)(i). In 1500
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addition, an eligible nonprofit scholar ship-funding organization 1501
must submit in a timely manner the verified list of eligible 1502
scholarship students and any information requested by the 1503
Department of Education relating to the scholarship program. 1504
(q)1.a. Must participate in the joint developmen t of 1505
agreed-upon procedures during the 2009 -2010 state fiscal year. 1506
The agreed-upon procedures must uniformly apply to all private 1507
schools and must determine, at a minimum, whether the private 1508
school has been verified as eligible by the Department of 1509
Education under s. 1002.421; has an adequate accounting system, 1510
system of financial controls, and process for deposit and 1511
classification of scholarship funds; and has properly expended 1512
scholarship funds for education -related expenses. During the 1513
development of the procedures, the participating scholarship -1514
funding organizations shall specify guidelines governing the 1515
materiality of exceptions that may be found during the 1516
accountant's performance of the procedures. The procedures and 1517
guidelines shall be provided to private schools and the 1518
Commissioner of Education by March 15, 2011. 1519
b. Must participate in a joint review of the agreed -upon 1520
procedures and guidelines developed under sub -subparagraph a., 1521
by February of each biennium, if the scholarship -funding 1522
organization provided more than $250,000 in scholarship funds 1523
under this chapter during the state fiscal year preceding the 1524
biennial review. If the procedures and guidelines are revised, 1525
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the revisions must be provided to private schools and the 1526
Commissioner of Education by March 15 of the year in which the 1527
revisions were completed. The revised agreed -upon procedures and 1528
guidelines shall take effect the subsequent school year. 1529
c. Must monitor the compliance of a participating private 1530
school with s. 1002.421(1)(q) if the scholarship-funding 1531
organization provided the majority of the scholarship funding to 1532
the school. For each participating private school subject to s. 1533
1002.421(1)(q), the appropriate scholarship -funding organization 1534
shall annually notify the Commissi oner of Education by October 1535
30 of: 1536
(I) A private school's failure to submit a report required 1537
under s. 1002.421(1)(q); or 1538
(II) Any material exceptions set forth in the report 1539
required under s. 1002.421(1)(q). 1540
2. Must seek input from the accrediting associations that 1541
are members of the Florida Association of Academic Nonpublic 1542
Schools and the Department of Education when jointly developing 1543
the agreed-upon procedures and guidelines under sub -subparagraph 1544
1.a. and conducting a review of those procedures and guidelines 1545
under sub-subparagraph 1.b. 1546
(t)1. Must develop a participate in the joint development 1547
of agreed-upon purchasing handbook that includes policies 1548
guidelines for authorized uses of scholarship funds under 1549
paragraph (d) and s. 1002.394(4)(a) this chapter. The handbook 1550
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must include, at a minimum, a routinely updated list of 1551
prohibited items and services, and items or services that 1552
require preauthorization or additional documentation. By August 1553
1, 2024 December 31, 2023, and by each July 1 December 31 1554
thereafter, the purchasing handbook guidelines must be provided 1555
to the Commissioner of Education and published on the eligible 1556
nonprofit scholarship -funding organization's website. Published 1557
purchasing guidelines shall remain in effect until there i s 1558
unanimous agreement to revise the guidelines, and the Any 1559
revisions must be provided to the commissioner and published on 1560
the organization's website within 30 days after such revisions. 1561
2. The organization shall assist the Florida Center for 1562
Students with Unique Abilities established under s. 1004.6495 1563
with the development of purchasing guidelines, which must 1564
include a routinely updated list of prohibited items and 1565
services, and items or services for which preauthorization or 1566
additional documentation is required, for authorized uses of 1567
scholarship funds under s. 1002.394(4)(b) and publish the 1568
guidelines on the organization's website. 1569
3. If the organization fails to submit the purchasing 1570
handbook required by subparagraph 1., the Department of 1571
Education may assess a financial penalty, not to exceed $10,000, 1572
as prescribed by State Board of Education rule. This 1573
subparagraph expires July 1, 2026. 1574
(u) May permit eligible students to use program funds for 1575
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the purposes specified in paragraph (d) , as authorized in the 1576
organization's purchasing handbook, by paying for the authorized 1577
use directly, then submitting a reimbursement request to the 1578
eligible nonprofit scholarship -funding organization. However, an 1579
eligible nonprofit scholarship -funding organization may require 1580
the use of an online platform for direct purchases of products 1581
so long as such use does not limit a parent's choice of 1582
curriculum or academic programs. If a parent purchases a product 1583
identical to one offered by an organization's online platform 1584
for a lower price, the organization shall reimburse the parent 1585
the cost of the product. 1586
(w) Shall commit scholarship funds on behalf of the 1587
student for tuition and fees for which the parent is responsible 1588
for payment at the participating private school before using 1589
scholarship empowerment account funds for additional authorized 1590
uses under paragraph (d). 1591
(y) Must establish a process to collect input and feedback 1592
from parents, private schools, and providers before implementing 1593
substantial modifications or e nhancements to the reimbursement 1594
process. 1595
1596
Information and documentation provided to the Department of 1597
Education and the Auditor General relating to the identity of a 1598
taxpayer that provides an eligible contribution under this 1599
section shall remain confidential at all times in accordance 1600
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with s. 213.053. 1601
(7) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 1602
PARTICIPATION.— 1603
(a) A parent who applies for a scholarship whose student 1604
will be enrolled full time in an eligible a private school must: 1605
1. Select an eligible private school and apply for the 1606
admission of his or her child. 1607
2. Request the scholarship by the date established by the 1608
organization in a manner that creates a written or electronic 1609
record of the request and the date of receipt of the request. 1610
3.a. Beginning with new applications for the 2025 -2026 1611
school year and thereafter, notify the organization by a date 1612
set by the organization that the scholarship is being accepted 1613
or declined. 1614
b. Beginning with renewal a pplications for the 2025 -2026 1615
school year and thereafter, notify the organization by May 31 1616
that the scholarship is being renewed or declined. 1617
4.2. Inform the applicable child's school district when 1618
the parent withdraws his or her student from a public school 1619
child to attend an eligible private school. 1620
5.3. Require his or her student participating in the 1621
program to remain in attendance at the eligible private school 1622
throughout the school year unless excused by the school for 1623
illness or other good cause and comply with the private school's 1624
published policies. 1625
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6.4. Meet with the eligible private school's principal or 1626
the principal's designee to review the school's academic 1627
programs and policies, specialized services, code of student 1628
conduct, and attenda nce policies before enrollment in the 1629
private school. 1630
7.5. Require his or her student participating in the 1631
program to take the norm -referenced assessment offered by the 1632
participating private school. The parent may also choose to have 1633
the student particip ate in the statewide assessments pursuant to 1634
s. 1008.22. If the parent requests that the student 1635
participating in the scholarship program take statewide 1636
assessments pursuant to s. 1008.22 and the participating private 1637
school has not chosen to offer and adm inister the statewide 1638
assessments, the parent is responsible for transporting the 1639
student to the assessment site designated by the school 1640
district. 1641
8.6. Approve each payment before the scholarship funds may 1642
be deposited by funds transfer. The parent may not designate any 1643
entity or individual associated with the participating private 1644
school as the parent's attorney in fact to approve a funds 1645
transfer. A participant who fails to comply with this paragraph 1646
forfeits the scholarship. 1647
9.7. Authorize the nonprofit scholarship-funding 1648
organization to access information needed for income eligibility 1649
determination and verification held by other state or federal 1650
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agencies, including the Department of Revenue, the Department of 1651
Children and Families, the Department o f Education, the 1652
Department of Commerce Economic Opportunity , and the Agency for 1653
Health Care Administration , for students seeking priority 1654
eligibility. 1655
10.8. Agree to have the organization commit scholarship 1656
funds on behalf of his or her student for tuit ion and fees for 1657
which the parent is responsible for payment at the participating 1658
private school before using scholarship empowerment account 1659
funds for additional authorized uses under paragraph (6)(d). A 1660
parent is responsible for all eligible expenses in excess of the 1661
amount of the scholarship. 1662
11. Comply with the scholarship application and renewal 1663
processes and requirements established by the organization. 1664
(b) A parent whose student will not be enrolled full time 1665
in a public or private school must: 1666
1. Apply to an eligible nonprofit scholarship -funding 1667
organization to participate in the program as a personalized 1668
education student by a date set by the organization. The request 1669
must be communicated directly to the organization in a manner 1670
that creates a written or electronic record of the request and 1671
the date of receipt of the request. Beginning with new and 1672
renewal applications for the 2025 -2026 school year and 1673
thereafter, notify the organization by May 31 that the 1674
scholarship is being accepted, renewe d, or declined. 1675
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2. Sign an agreement with the organization and annually 1676
submit a sworn compliance statement to the organization to 1677
satisfy or maintain program eligibility, including eligibility 1678
to receive and spend program payments, by: 1679
a. Affirming that the program funds are used only for 1680
authorized purposes serving the student's educational needs, as 1681
described in paragraph (6)(d), and that they will not receive a 1682
payment, refund, or rebate of any funds provided under this 1683
section. 1684
b. Affirming that the parent is responsible for all 1685
eligible expenses in excess of the amount of the scholarship and 1686
for the education of his or her student. 1687
c. Submitting a student learning plan to the organization 1688
and revising the plan at least annually before program r enewal. 1689
d. Requiring his or her student to take a nationally norm -1690
referenced test identified by the Department of Education, or a 1691
statewide assessment under s. 1008.22, and provide assessment 1692
results to the organization before the student's program 1693
renewal. 1694
e. Complying with the scholarship application and renewal 1695
processes and requirements established by the organization 1696
Renewing participation in the program each year . A student whose 1697
participation in the program is not renewed may continue to 1698
spend scholarship funds that are in his or her account from 1699
prior years unless the account must be closed pursuant to s. 1700
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1002.394(5)(a)2. 1701
f. Procuring the services necessary to educate the 1702
student. When the student receives a scholarship, the district 1703
school board is not obligated to provide the student with a free 1704
appropriate public education. 1705
1706
For purposes of this paragraph, full -time enrollment does not 1707
include enrollment at a private school that addresses regular 1708
and direct contact with teachers through the s tudent learning 1709
plan in accordance with s. 1002.421(1)(i). 1710
(c) A parent may not apply for multiple scholarships under 1711
this section and s. 1002.394 for an individual student at the 1712
same time. 1713
1714
An eligible nonprofit scholarship -funding organization may not 1715
further regulate, exercise control over, or require 1716
documentation beyond the requirements of this subsection unless 1717
the regulation, control, or documentation is necessary for 1718
participation in the program. 1719
(8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS. —An 1720
eligible private school may be sectarian or nonsectarian and 1721
must: 1722
(a) Comply with all requirements for private schools 1723
participating in state school choice scholarship programs 1724
pursuant to s. 1002.421. 1725
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(b) Provide to the organization all documentation required 1726
for a student's participation, including confirmation of the 1727
student's admission to the private school, the private school's 1728
and student's fee schedules, and any other information r equired 1729
by the organization to process scholarship payment pursuant to 1730
paragraph (11)(c). Such information must be provided by the 1731
deadlines established by the organization and in accordance with 1732
the requirements of this section. A student is not eligible to 1733
receive a quarterly scholarship payment if the private school 1734
fails to meet the deadline. 1735
(c)(b)1. Annually administer or make provision for 1736
students participating in the scholarship program in grades 3 1737
through 10 to take one of the nationally norm -referenced tests 1738
identified by the department of Education or the statewide 1739
assessments pursuant to s. 1008.22. Students with disabilities 1740
for whom standardized testing is not appropriate are exempt from 1741
this requirement. A participating private school must report a 1742
student's scores to the parent. A participating private school 1743
must annually report by August 15 the scores of all 1744
participating students to a state university described in 1745
paragraph (9)(f). 1746
2. Administer the statewide assessments pursuant to s. 1747
1008.22 if a participating private school chooses to offer the 1748
statewide assessments. A participating private school may choose 1749
to offer and administer the statewide assessments to all 1750
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students who attend the participating private school in grades 3 1751
through 10 and must submit a request in writing to the 1752
Department of Education by March 1 of each year in order to 1753
administer the statewide assessments in the subsequent school 1754
year. 1755
1756
If a participating private school fails to meet the requirements 1757
of this subsection or s. 1002.421, the commissioner may 1758
determine that the participating private school is ineligible to 1759
participate in the scholarship program. 1760
(9) DEPARTMENT OF EDUCATION OBLIGATIONS. —The Department of 1761
Education shall: 1762
(d) Notify eligible nonprof it scholarship-funding 1763
organizations of the deadlines for submitting the verified list 1764
of eligible scholarship students; cross-check the verified list 1765
of participating scholarship students with the public school 1766
enrollment lists to avoid duplication ; and, when the Florida 1767
Education Finance Program is recalculated, adjust the amount of 1768
state funds allocated to school districts through the Florida 1769
Education Finance Program based upon the results of the cross -1770
check. 1771
(e) Maintain and annually publish a list of nationally 1772
norm-referenced tests identified for purposes of satisfying the 1773
testing requirement in subparagraph (8)(c)1. (8)(b)1. The tests 1774
must meet industry standards of quality in accordance with State 1775
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Board of Education rule. 1776
(f) Issue a project grant award to a state university, to 1777
which participating private schools and eligible nonprofit 1778
scholarship-funding organizations must report the scores of 1779
participating students on the nationally norm -referenced tests 1780
or the statewide assessments admi nistered in grades 3 through 1781
10. The project term is 2 years, and the amount of the project 1782
is up to $250,000 per year. The project grant award must be 1783
reissued in 2-year intervals in accordance with this paragraph. 1784
1. The state university must annually report to the 1785
Department of Education on the student performance of 1786
participating students and, beginning with the 2027 -2028 school 1787
year, on the performance of personalized education students: 1788
a. On a statewide basis. The report shall also include, to 1789
the extent possible, a comparison of scholarship students' 1790
performance to the statewide student performance of public 1791
school students with socioeconomic backgrounds similar to those 1792
of students participating in the scholarship program. To 1793
minimize costs and reduce time required for the state 1794
university's analysis and evaluation, the Department of 1795
Education shall coordinate with the state university to provide 1796
data to the state university in order to conduct analyses of 1797
matched students from public school asse ssment data and 1798
calculate control group student performance using an agreed -upon 1799
methodology with the state university; and 1800
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b. On an individual school basis for students enrolled 1801
full time in a private school. The annual report must include 1802
student performance for each participating private school in 1803
which enrolled students in the private school participated in a 1804
scholarship program under this section or, s. 1002.394(12)(a), 1805
or s. 1002.40 in the prior school year. The report shall be 1806
according to each par ticipating private school, and for 1807
participating students, in which there are at least 30 1808
participating students who have scores for tests administered. 1809
If the state university determines that the 30 -participating-1810
student cell size may be reduced without d isclosing personally 1811
identifiable information, as described in 34 C.F.R. s. 99.12, of 1812
a participating student, the state university may reduce the 1813
participating-student cell size, but the cell size must not be 1814
reduced to less than 10 participating students . The department 1815
shall provide each participating private school's prior school 1816
year's student enrollment information to the state university no 1817
later than June 15 of each year, or as requested by the state 1818
university. 1819
2. The sharing and reporting of stu dent performance data 1820
under this paragraph must be in accordance with requirements of 1821
ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g, the Family 1822
Educational Rights and Privacy Act, and the applicable rules and 1823
regulations issued pursuant thereto, and shal l be for the sole 1824
purpose of creating the annual report required by subparagraph 1825
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1. All parties must preserve the confidentiality of such 1826
information as required by law. The annual report must not 1827
disaggregate data to a level that will identify individual 1828
participating schools, except as required under sub -subparagraph 1829
1.b., or disclose the academic level of individual students. 1830
3. The annual report required by subparagraph 1. shall be 1831
published by the Department of Education on its website. 1832
(i) Require quarterly reports by an eligible nonprofit 1833
scholarship-funding organization regarding the number of 1834
students participating in the scholarship program;, the private 1835
schools at which the students are enrolled ; the number of 1836
scholarship applications received , the number of applications 1837
processed within 30 days after receipt, and the number of 1838
incomplete applications received; data related to reimbursement 1839
submissions, including the average number of days for a 1840
reimbursement to be reviewed and the average numb er of days for 1841
a reimbursement to be approved; any parent input and feedback 1842
collected regarding the program; , and any other information 1843
deemed necessary by the Department of Education. 1844
(10) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS. — 1845
(b) Upon the request of the Department of Education, a 1846
school district shall coordinate with the department to provide 1847
to a participating private school the statewide assessments 1848
administered under s. 1008.22 and any related materials for 1849
administering the assessments. A school district is responsible 1850
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for implementing test administrations at a participating private 1851
school, including the: 1852
1. Provision of training for participating private school 1853
staff on test security and assessment administration procedures; 1854
2. Distribution of testing materials to a participating 1855
private school; 1856
3. Retrieval of testing materials from a participating 1857
private school; 1858
4. Provision of the required format for a participating 1859
private school to submit information to the district for tes t 1860
administration and enrollment purposes; and 1861
5. Provision of any required assistance, monitoring, or 1862
investigation at a participating private school. 1863
(11) SCHOLARSHIP AMOUNT AND PAYMENT. — 1864
(c) If a scholarship student is attending an eligible 1865
private school full time, the initial payment shall be made 1866
after the organization's verification of admission acceptance, 1867
and subsequent payments shall be made upon verification of 1868
continued enrollment and attendance at the eligible private 1869
school. Payments shal l be made within 7 business days after 1870
approval by the parent pursuant to paragraph (7)(a) and the 1871
private school pursuant to paragraph (8)(b) An eligible 1872
nonprofit scholarship -funding organization shall obtain 1873
verification from the private school of a stu dent's continued 1874
attendance at the school for each period covered by a 1875
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scholarship payment. 1876
(f) A scholarship awarded to an eligible student shall 1877
remain in force until: 1878
1. The organization determines that the student is not 1879
eligible for program renewa l; 1880
2. The Commissioner of Education suspends or revokes 1881
program participation or use of funds; 1882
3. The student's parent has forfeited participation in the 1883
program for failure to comply with subsection (7); 1884
4. The student who uses the scholarship for full -time 1885
tuition and fees at an eligible private school pursuant to 1886
paragraph (7)(a) enrolls full time in a public school. However, 1887
if a student enters a Department of Juvenile Justice detention 1888
center for a period of no more than 21 days, the student is not 1889
considered to have returned to a public school on a full -time 1890
basis for that purpose; or 1891
5. The student graduates from high school or attains 21 1892
years of age, whichever occurs first. 1893
(h) A student's scholarship account must be closed and any 1894
remaining funds shall revert to the state after: 1895
1. Denial or revocation of program eligibility by the 1896
commissioner for fraud or abuse, including, but not limited to, 1897
the student or student's parent accepting any payment, refund, 1898
or rebate, in any manner, from a provider of any services 1899
received pursuant to paragraph (6)(d); or 1900
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2. Two consecutive fiscal years in which an account has 1901
been inactive; or 1902
3. The student remains unenrolled in an eligible private 1903
school for 30 days whi le receiving a scholarship that requires 1904
full-time enrollment. 1905
(i) Moneys received pursuant to this section do not 1906
constitute taxable income to the qualified student or the parent 1907
of the qualified student. 1908
(15) NONPROFIT SCHOLARSHIP -FUNDING ORGANIZATIONS; 1909
APPLICATION.—In order to participate in the scholarship program 1910
created under this section, a charitable organization that seeks 1911
to be a nonprofit scholarship -funding organization must submit 1912
an application for initial approval or renewal to the Office of 1913
Independent Education and Parental Choice. The office shall 1914
provide at least two application periods in which Charitable 1915
organizations may apply at any time to participate in the 1916
program. 1917
(a) An application for initial approval must include: 1918
1. A copy of the organization's incorporation documents 1919
and registration with the Division of Corporations of the 1920
Department of State. 1921
2. A copy of the organization's Internal Revenue Service 1922
determination letter as a s. 501(c)(3) not -for-profit 1923
organization. 1924
3. A description of the organization's financial plan that 1925
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demonstrates sufficient funds to operate throughout the school 1926
year. 1927
4. A description of the geographic region that the 1928
organization intends to serve and an analysis of the demand and 1929
unmet need for eligible students in that area. 1930
5. The organization's organizational chart. 1931
6. A description of the criteria and methodology that the 1932
organization will use to evaluate scholarship eligibility. 1933
7. A description of the application process, includ ing 1934
deadlines and any associated fees. 1935
8. A description of the deadlines for attendance 1936
verification and scholarship payments. 1937
9. A copy of the organization's policies on conflict of 1938
interest and whistleblowers. 1939
10. A copy of a surety bond or letter of credit to secure 1940
the faithful performance of the obligations of the eligible 1941
nonprofit scholarship -funding organization in accordance with 1942
this section in an amount equal to 25 percent of the scholarship 1943
funds anticipated for each school year or $100,00 0, whichever is 1944
greater. The surety bond or letter of credit must specify that 1945
any claim against the bond or letter of credit may be made only 1946
by an eligible nonprofit scholarship -funding organization to 1947
provide scholarships to and on behalf of students wh o would have 1948
had scholarships funded if it were not for the diversion of 1949
funds giving rise to the claim against the bond or letter of 1950
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credit. 1951
(b) In addition to the information required by 1952
subparagraphs (a)1.-9., an application for renewal must include: 1953
1. A surety bond or letter of credit to secure the 1954
faithful performance of the obligations of the eligible 1955
nonprofit scholarship -funding organization in accordance with 1956
this section equal to the amount of undisbursed donations held 1957
by the organization ba sed on the annual report submitted 1958
pursuant to paragraph (6)(o). The amount of the surety bond or 1959
letter of credit must be at least $100,000, but not more than 1960
$25 million. The surety bond or letter of credit must specify 1961
that any claim against the bond or letter of credit may be made 1962
only by an eligible nonprofit scholarship -funding organization 1963
to provide scholarships to and on behalf of students who would 1964
have had scholarships funded if it were not for the diversion of 1965
funds giving rise to the claim agai nst the bond or letter of 1966
credit. 1967
2. The organization's completed Internal Revenue Service 1968
Form 990 submitted no later than November 30 of the year before 1969
the school year that the organization intends to offer the 1970
scholarships, notwithstanding the depart ment's application 1971
deadline. 1972
3. A copy of the statutorily required audit to the 1973
Department of Education and Auditor General. 1974
4. An annual report that includes: 1975
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a. The number of students who completed applications, by 1976
county and by grade. 1977
b. The number of students who were approved for 1978
scholarships, by county and by grade. 1979
c. The number of students who received funding for 1980
scholarships within each funding category, by county and by 1981
grade. 1982
d. The amount of funds received, the amount of funds 1983
distributed in scholarships, and an accounting of remaining 1984
funds and the obligation of those funds. 1985
e. A detailed accounting of how the organization spent the 1986
administrative funds allowable under paragraph (6)(l). 1987
f. Documentation of compliance with t he requirements of 1988
paragraph (6)(t). 1989
(c) In consultation with the Department of Revenue and the 1990
Chief Financial Officer, the Office of Independent Education and 1991
Parental Choice shall review the application. The Department of 1992
Education shall notify the or ganization in writing of any 1993
deficiencies within 30 days after receipt of the application and 1994
allow the organization 30 days to correct any deficiencies. 1995
(d) Within 30 days after receipt of the finalized 1996
application by the Office of Independent Education and Parental 1997
Choice, the Commissioner of Education shall recommend approval 1998
or disapproval of the application to the State Board of 1999
Education. The State Board of Education shall consider the 2000
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application and recommendation at the next scheduled meeting, 2001
adhering to appropriate meeting notice requirements. If the 2002
State Board of Education disapproves the organization's 2003
application, it shall provide the organization with a written 2004
explanation of that determination. The State Board of 2005
Education's action is not subject to chapter 120. 2006
(e) If the State Board of Education disapproves the 2007
renewal of a nonprofit scholarship -funding organization, the 2008
organization must notify the affected eligible students and 2009
parents of the decision within 15 days after disapproval. An 2010
eligible student affected by the disapproval of an 2011
organization's participation remains eligible under this section 2012
until the end of the school year in which the organization was 2013
disapproved. The student must apply and be accepted by another 2014
eligible nonprofit scholarship -funding organization for the 2015
upcoming school year. The student shall be given priority in 2016
accordance with paragraph (6)(g). 2017
(f) All remaining funds held by a nonprofit scholarship -2018
funding organization that is disapproved for particip ation must 2019
be transferred to other eligible nonprofit scholarship -funding 2020
organizations to provide scholarships for eligible students. All 2021
transferred funds must be deposited by each eligible nonprofit 2022
scholarship-funding organization receiving such funds into its 2023
scholarship account. All transferred amounts received by any 2024
eligible nonprofit scholarship -funding organization must be 2025
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separately disclosed in the annual financial audit required 2026
under subsection (6). 2027
(g) A nonprofit scholarship -funding organization is a 2028
renewing organization if it maintains continuous approval and 2029
participation in the program. An organization that chooses not 2030
to participate for 1 year or more or is disapproved to 2031
participate for 1 year or more must submit an application for 2032
initial approval in order to participate in the program again. 2033
(h) The State Board of Education shall adopt rules 2034
providing guidelines for receiving, reviewing, and approving 2035
applications for new and renewing nonprofit scholarship -funding 2036
organizations. The rules must include a process for compiling 2037
input and recommendations from the Chief Financial Officer, the 2038
Department of Revenue, and the Department of Education. The 2039
rules must also require that the nonprofit scholarship -funding 2040
organization make a brie f presentation to assist the State Board 2041
of Education in its decision. 2042
(i) A state university; or an independent college or 2043
university which is eligible to participate in the William L. 2044
Boyd, IV, Effective Access to Student Education Grant Program, 2045
located and chartered in this state, is not for profit, and is 2046
accredited by the Commission on Colleges of the Southern 2047
Association of Colleges and Schools, is exempt from the initial 2048
or renewal application process, but must file a registration 2049
notice with the Department of Education to be an eligible 2050
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nonprofit scholarship -funding organization. The State Board of 2051
Education shall adopt rules that identify the procedure for 2052
filing the registration notice with the department. The rules 2053
must identify appropriate rep orting requirements for fiscal, 2054
programmatic, and performance accountability purposes consistent 2055
with this section, but shall not exceed the requirements for 2056
eligible nonprofit scholarship -funding organizations for 2057
charitable organizations. 2058
Section 5. Section 1002.40, Florida Statutes, is amended 2059
to read: 2060
1002.40 The Hope Scholarship Program. — 2061
(1) PURPOSE.—The Hope Scholarship Program is established 2062
to provide the parent of a public school student who was 2063
subjected to an incident listed in subsectio n (3) an opportunity 2064
to transfer the student to another public school or to request a 2065
scholarship for the student to enroll in and attend an eligible 2066
private school. 2067
(2) DEFINITIONS.—As used in this section, the term: 2068
(a) "Dealer" has the same meaning as provided in s. 2069
212.06. 2070
(b) "Department" means the Department of Education. 2071
(c) "Designated agent" has the same meaning as provided in 2072
s. 212.06(10). 2073
(d) "Eligible contribution" or "contribution" means a 2074
monetary contribution from a person purchasi ng a motor vehicle, 2075
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subject to the restrictions provided in this section, to an 2076
eligible nonprofit scholarship -funding organization. The person 2077
making the contribution may not designate a specific student as 2078
the beneficiary of the contribution. 2079
(e) "Eligible nonprofit scholarship -funding organization" 2080
or "organization" has the same meaning as provided in s. 2081
1002.395(2). 2082
(f) "Eligible private school" has the same meaning as 2083
provided in s. 1002.395(2). 2084
(g) "Motor vehicle" has the same meaning as provide d in s. 2085
320.01(1)(a), but does not include a heavy truck, truck tractor, 2086
trailer, or motorcycle. 2087
(a)(h) "Parent" means a resident of this state who is a 2088
parent, as defined in s. 1000.21, and whose student reported an 2089
incident in accordance with subsectio n (4)(6). 2090
(b)(i) "Program" means the Hope Scholarship Program. 2091
(c)(j) "School" means any educational program or activity 2092
conducted by a public K -12 educational institution, any school -2093
related or school-sponsored program or activity, and riding on a 2094
school bus, as defined in s. 1006.25(1), including waiting at a 2095
school bus stop. 2096
(k) "Unweighted FTE funding amount" means the statewide 2097
average total funds per unweighted full -time equivalent funding 2098
amount that is incorporated by reference in the Gener al 2099
Appropriations Act, or by a subsequent special appropriations 2100
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act, for the applicable state fiscal year. 2101
(3) PROGRAM ELIGIBILITY. —Beginning with the 2018 -2019 2102
school year, contingent upon available funds, and on a first -2103
come, first-served basis, A student enrolled in a Florida public 2104
school in kindergarten through grade 12 is eligible for the 2105
educational options described in subsection (4) a scholarship 2106
under this program if the student reported an incident in 2107
accordance with that subsection (6). For purposes of this 2108
section, the term "incident" means battery; harassment; hazing; 2109
bullying; kidnapping; physical attack; robbery; sexual offenses, 2110
harassment, assault, or battery; threat or intimidation; or 2111
fighting at school, as defined by the department in accordance 2112
with s. 1006.09(6). 2113
(4) PROGRAM PROHIBITIONS. —Payment of a scholarship to a 2114
student enrolled in a private school may not be made if a 2115
student is: 2116
(a) Enrolled in a public school, including, but not 2117
limited to, the Florida School for the Dea f and the Blind; the 2118
College-Preparatory Boarding Academy; a developmental research 2119
school authorized under s. 1002.32; or a charter school 2120
authorized under s. 1002.33, s. 1002.331, or s. 1002.332; 2121
(b) Enrolled in a school operating for the purpose of 2122
providing educational services to youth in the Department of 2123
Juvenile Justice commitment programs; 2124
(c) Participating in a virtual school, correspondence 2125
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school, or distance learning program that receives state funding 2126
pursuant to the student's participation unless the participation 2127
is limited to no more than two courses per school year; or 2128
(d) Receiving any other educational scholarship pursuant 2129
to this chapter. 2130
(5) TERM OF HOPE SCHOLARSHIP. —For purposes of continui ty 2131
of educational choice, a Hope scholarship shall remain in force 2132
until the student returns to public school or graduates from 2133
high school, whichever occurs first. A scholarship student who 2134
enrolls in a public school or public school program is 2135
considered to have returned to a public school for the purpose 2136
of determining the end of the scholarship's term. 2137
(4)(6) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS. — 2138
(a) Upon receipt of a report of an incident, the school 2139
principal, or his or her designee, sha ll provide a copy of the 2140
report to the parent and investigate the incident to determine 2141
if the incident must be reported as required by s. 1006.09(6). 2142
Within 24 hours after receipt of the report, the principal or 2143
his or her designee shall provide a copy of the report to the 2144
parent of the alleged offender and to the superintendent. Upon 2145
conclusion of the investigation or within 15 days after the 2146
incident was reported, whichever occurs first, the school 2147
district shall notify the parent of the program , and offer the 2148
parent an opportunity to enroll his or her student in another 2149
public school that has capacity , and notify the parent of their 2150
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eligibility or to apply for request and receive a scholarship to 2151
attend an eligible private school under ss. 1002.394 and 2152
1002.395, subject to available funding . A parent who chooses to 2153
enroll his or her student in a public school located outside the 2154
district in which the student resides pursuant to s. 1002.31 2155
shall be eligible for a scholarship to transport the student as 2156
provided in paragraph (11)(b). 2157
(b) For each student participating in the program in an 2158
eligible private school who chooses to participate in the 2159
statewide assessments under s. 1008.22 or the Florida Alternate 2160
Assessment, the school district in which the stu dent resides 2161
must notify the student and his or her parent about the 2162
locations and times to take all statewide assessments. 2163
(7) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS. —An 2164
eligible private school may be sectarian or nonsectarian and 2165
shall: 2166
(a) Comply with all requirements for private schools 2167
participating in state school choice scholarship programs 2168
pursuant to this section and s. 1002.421. 2169
(b)1. Annually administer or make provision for students 2170
participating in the program in grades 3 through 10 t o take one 2171
of the nationally norm -referenced tests identified by the 2172
department or the statewide assessments pursuant to s. 1008.22. 2173
Students with disabilities for whom standardized testing is not 2174
appropriate are exempt from this requirement. A participati ng 2175
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private school shall report a student's scores to his or her 2176
parent. 2177
2. Administer the statewide assessments pursuant to s. 2178
1008.22 if a private school chooses to offer the statewide 2179
assessments. A participating private school may choose to offer 2180
and administer the statewide assessments to all students who 2181
attend the private school in grades 3 through 10 and must submit 2182
a request in writing to the department by March 1 of each year 2183
in order to administer the statewide assessments in the 2184
subsequent school year. 2185
2186
If a private school fails to meet the requirements of this 2187
subsection or s. 1002.421, the commissioner may determine that 2188
the private school is ineligible to participate in the program. 2189
(8) DEPARTMENT OF EDUCATION OBLIGATIONS. —The department 2190
shall: 2191
(a) Cross-check the list of participating scholarship 2192
students with the public school enrollment lists to avoid 2193
duplication and, when the Florida Education Finance Program is 2194
recalculated, adjust the amount of state funds allocated to 2195
school districts through the Florida Education Finance Program 2196
based upon the results of the cross -check. 2197
(b) Maintain a list of nationally norm -referenced tests 2198
identified for purposes of satisfying the testing requirement in 2199
paragraph (9)(f). The tests must meet ind ustry standards of 2200
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quality in accordance with State Board of Education rule. 2201
(c) Require quarterly reports by an eligible nonprofit 2202
scholarship-funding organization regarding the number of 2203
students participating in the program, the private schools in 2204
which the students are enrolled, and other information deemed 2205
necessary by the department. 2206
(d) Contract with an independent entity to provide an 2207
annual evaluation of the program by: 2208
1. Reviewing the school bullying prevention education 2209
program, climate, and code of student conduct of each public 2210
school from which 10 or more students transferred to another 2211
public school or private school using the Hope scholarship to 2212
determine areas in the school or school district procedures 2213
involving reporting, investigat ing, and communicating a parent's 2214
and student's rights that are in need of improvement. At a 2215
minimum, the review must include: 2216
a. An assessment of the investigation time and quality of 2217
the response of the school and the school district. 2218
b. An assessment of the effectiveness of communication 2219
procedures with the students involved in an incident, the 2220
students' parents, and the school and school district personnel. 2221
c. An analysis of school incident and discipline data. 2222
d. The challenges and obstacles re lating to implementing 2223
recommendations from the review. 2224
2. Reviewing the school bullying prevention education 2225
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program, climate, and code of student conduct of each public 2226
school to which a student transferred if the student was from a 2227
school identified in subparagraph 1. in order to identify best 2228
practices and make recommendations to a public school at which 2229
the incidents occurred. 2230
3. Reviewing the performance of participating students 2231
enrolled in a private school in which at least 51 percent of the 2232
total enrolled students in the prior school year participated in 2233
the program and in which there are at least 10 participating 2234
students who have scores for tests administered. 2235
4. Surveying the parents of participating students to 2236
determine academic, safety, and school climate satisfaction and 2237
to identify any challenges to or obstacles in addressing the 2238
incident or relating to the use of the scholarship. 2239
(9) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 2240
PARTICIPATION.—A parent who applies for a Hope schola rship is 2241
exercising his or her parental option to place his or her 2242
student in an eligible private school. 2243
(a) The parent must select an eligible private school and 2244
apply for the admission of his or her student. 2245
(b) The parent must inform the student's school district 2246
when the parent withdraws his or her student to attend an 2247
eligible private school. 2248
(c) Any student participating in the program must remain 2249
in attendance throughout the school year unless excused by the 2250
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school for illness or other good cause. 2251
(d) Each parent and each student has an obligation to the 2252
private school to comply with such school's published policies. 2253
(e) Upon reasonable notice to the department and the 2254
school district, the parent may remove the student from the 2255
private school and place the student in a public school in 2256
accordance with this section. 2257
(f) The parent must ensure that the student participating 2258
in the program takes the norm -referenced assessment offered by 2259
the private school. The parent may also choose to have the 2260
student participate in the statewide assessments pursuant to s. 2261
1008.22. If the parent requests that the student take the 2262
statewide assessments pursuant to s. 1008.22 and the privat e 2263
school has not chosen to offer and administer the statewide 2264
assessments, the parent is responsible for transporting the 2265
student to the assessment site designated by the school 2266
district. 2267
(g) Upon receipt of a scholarship warrant, the parent to 2268
whom the warrant is made must restrictively endorse the warrant 2269
to the private school for deposit into the account of such 2270
school. If payment is made by funds transfer in accordance with 2271
paragraph (11)(d), the parent must approve each payment before 2272
the scholarship funds may be deposited. The parent may not 2273
designate any entity or individual associated with the 2274
participating private school as the parent's attorney in fact to 2275
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endorse a scholarship warrant or approve a funds transfer. A 2276
parent who fails to comply with this paragraph forfeits the 2277
scholarship. 2278
(10) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP -FUNDING 2279
ORGANIZATIONS.—An eligible nonprofit scholarship -funding 2280
organization may establish scholarships for eligible students 2281
by: 2282
(a) Receiving applications a nd determining student 2283
eligibility in accordance with the requirements of this section. 2284
(b) Notifying parents of their receipt of a scholarship on 2285
a first-come, first-served basis, based upon available funds. 2286
(c) Establishing a date by which the parent of a 2287
participating student must confirm continuing participation in 2288
the program. 2289
(d) Awarding scholarship funds to eligible students, 2290
giving priority to renewing students from the previous year. 2291
(e) Preparing and submitting quarterly reports to the 2292
department pursuant to paragraph (8)(c). In addition, an 2293
eligible nonprofit scholarship -funding organization must submit 2294
in a timely manner any information requested by the department 2295
relating to the program. 2296
(f) Notifying the department of any violation o f this 2297
section. 2298
(11) FUNDING AND PAYMENT. — 2299
(a) For students initially eligible in the 2019 -2020 2300
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school year or thereafter, the calculated amount for a student 2301
to attend an eligible private school shall be calculated in 2302
accordance with s. 1002.394(12)(a ). 2303
(b) The maximum amount awarded to a student enrolled in a 2304
public school located outside of the district in which the 2305
student resides shall be $750. 2306
(c) When a student enters the program, the eligible 2307
nonprofit scholarship -funding organization must r eceive all 2308
documentation required for the student's participation, 2309
including a copy of the report of the incident received pursuant 2310
to subsection (6) and the private school's and student's fee 2311
schedules. The initial payment shall be made after verification 2312
of admission acceptance, and subsequent payments shall be made 2313
upon verification of continued enrollment and attendance at the 2314
private school. 2315
(d) Payment of the scholarship by the eligible nonprofit 2316
scholarship-funding organization may be by individual warrant 2317
made payable to the student's parent or by funds transfer, 2318
including, but not limited to, debit cards, electronic payment 2319
cards, or any other means of payment that the department deems 2320
to be commercially viable or cost -effective. If payment is mad e 2321
by warrant, the warrant must be delivered by the eligible 2322
nonprofit scholarship -funding organization to the private school 2323
of the parent's choice, and the parent shall restrictively 2324
endorse the warrant to the private school. If payments are made 2325
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by funds transfer, the parent must approve each payment before 2326
the scholarship funds may be deposited. The parent may not 2327
designate any entity or individual associated with the 2328
participating private school as the parent's attorney in fact to 2329
endorse a scholarship warrant or approve a funds transfer. 2330
(e) An eligible nonprofit scholarship -funding organization 2331
shall obtain verification from the private school of a student's 2332
continued attendance at the school for each period covered by a 2333
scholarship payment. 2334
(f) Payment of the scholarship shall be made by the 2335
eligible nonprofit scholarship -funding organization no less 2336
frequently than on a quarterly basis. 2337
(g) An eligible nonprofit scholarship -funding 2338
organization, subject to the limitations of s. 1002.395(6)(l)1., 2339
may use eligible contributions received during the state fiscal 2340
year in which such contributions are collected for 2341
administrative expenses. 2342
(h) Moneys received pursuant to this section do not 2343
constitute taxable income to the qualified student or his or her 2344
parent. 2345
(i) Notwithstanding s. 1002.395(6)(l)2., no more than 5 2346
percent of net eligible contributions may be carried forward to 2347
the following state fiscal year by an eligible scholarship -2348
funding organization. For audit purposes, all amounts carried 2349
forward must be specifically identified for individual students 2350
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by student name and by the name of the school to which the 2351
student is admitted, subject to the requirements of ss. 1002.21 2352
and 1002.22 and 20 U.S.C. s. 1232g, and the applicable rules and 2353
regulations issued pursuant to such requirements. Any amounts 2354
carried forward shall be expended for annual scholarships or 2355
partial-year scholarships in the following state fiscal year. 2356
Net eligible contributions remaining on June 30 of each year 2357
which are in excess of the 5 percent that may be carried forward 2358
shall be transferred to other eligible nonprofit scholarship -2359
funding organizations participating in the Hope Scholarship 2360
Program to provide scholarships for eligible students. All 2361
transferred funds must be deposited by each eligible nonprofit 2362
scholarship-funding organization receiving such funds into the 2363
scholarship account of eligible students. All transferred 2364
amounts received by an eligible nonprofit scholarship -funding 2365
organization must be separately disc losed in the annual 2366
financial audit requirement under s. 1002.395(6)(o). If no other 2367
eligible nonprofit scholarship -funding organization participates 2368
in the Hope Scholarship Program, net eligible contributions in 2369
excess of the 5 percent may be used to fund scholarships for 2370
students eligible under s. 1002.395 only after fully exhausting 2371
all contributions made in support of scholarships under that 2372
section in accordance with the priority established in s. 2373
1002.395(6)(f) before awarding any initial scholarships . 2374
(12) OBLIGATIONS OF THE AUDITOR GENERAL. — 2375
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(a) The Auditor General shall conduct an annual 2376
operational audit of accounts and records of each organization 2377
that participates in the program. As part of this audit, the 2378
Auditor General shall verify, at a m inimum, the total number of 2379
students served and transmit that information to the department. 2380
The Auditor General shall provide the commissioner with a copy 2381
of each annual operational audit performed pursuant to this 2382
paragraph within 10 days after the audit is finalized. 2383
(b) The Auditor General shall notify the department of any 2384
organization that fails to comply with a request for 2385
information. 2386
(13) SCHOLARSHIP-FUNDING TAX CREDITS. — 2387
(a) A tax credit is available under s. 212.1832(1) for use 2388
by a person that makes an eligible contribution. Eligible 2389
contributions shall be used to fund scholarships under this 2390
section and may be used to fund scholarships under s. 1002.395. 2391
Each eligible contribution is limited to a single payment of 2392
$105 per motor vehicle pu rchased at the time of purchase of a 2393
motor vehicle or a single payment of $105 per motor vehicle 2394
purchased at the time of registration of a motor vehicle that 2395
was not purchased from a dealer, except that a contribution may 2396
not exceed the state tax imposed under chapter 212 that would 2397
otherwise be collected from the purchaser by a dealer, 2398
designated agent, or private tag agent. Payments of 2399
contributions shall be made to a dealer at the time of purchase 2400
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of a motor vehicle or to a designated agent or private t ag agent 2401
at the time of registration of a motor vehicle that was not 2402
purchased from a dealer. An eligible contribution shall be 2403
accompanied by a contribution election form provided by the 2404
Department of Revenue. The form shall include, at a minimum, the 2405
following brief description of the Hope Scholarship Program and 2406
the Florida Tax Credit Scholarship Program: "THE HOPE 2407
SCHOLARSHIP PROGRAM PROVIDES A PUBLIC SCHOOL STUDENT WHO WAS 2408
SUBJECTED TO AN INCIDENT OF VIOLENCE OR BULLYING AT SCHOOL THE 2409
OPPORTUNITY TO APPLY FOR A SCHOLARSHIP TO ATTEND AN ELIGIBLE 2410
PRIVATE SCHOOL RATHER THAN REMAIN IN AN UNSAFE SCHOOL 2411
ENVIRONMENT. THE FLORIDA TAX CREDIT SCHOLARSHIP PROGRAM PROVIDES 2412
A LOW-INCOME STUDENT THE OPPORTUNITY TO APPLY FOR A SCHOLARSHIP 2413
TO ATTEND AN ELIGIBLE PRIVATE SCHOOL." The form shall also 2414
include, at a minimum, a section allowing the consumer to 2415
designate, from all participating scholarship -funding 2416
organizations, which organization will receive his or her 2417
donation. For purposes of this subsection, the term "pur chase" 2418
does not include the lease or rental of a motor vehicle. 2419
(b) A dealer, designated agent, or private tag agent 2420
shall: 2421
1. Provide the purchaser the contribution election form, 2422
as provided by the Department of Revenue, at the time of 2423
purchase of a motor vehicle or at the time of registration of a 2424
motor vehicle that was not purchased from a dealer. 2425
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2. Collect eligible contributions. 2426
3. Using a form provided by the Department of Revenue, 2427
which shall include the dealer's or agent's federal employer 2428
identification number, remit to an organization no later than 2429
the date the return filed pursuant to s. 212.11 is due the total 2430
amount of contributions made to that organization and collected 2431
during the preceding reporting period. Using the same form, the 2432
dealer or agent shall also report this information to the 2433
Department of Revenue no later than the date the return filed 2434
pursuant to s. 212.11 is due. 2435
4. Report to the Department of Revenue on ea ch return 2436
filed pursuant to s. 212.11 the total amount of credits granted 2437
under s. 212.1832 for the preceding reporting period. 2438
(c) An organization shall report to the Department of 2439
Revenue, on or before the 20th day of each month, the total 2440
amount of contributions received pursuant to paragraph (b) in 2441
the preceding calendar month on a form provided by the 2442
Department of Revenue. Such report shall include: 2443
1. The federal employer identification number of each 2444
designated agent, private tag agent, or deale r who remitted 2445
contributions to the organization during that reporting period. 2446
2. The amount of contributions received from each 2447
designated agent, private tag agent, or dealer during that 2448
reporting period. 2449
(d) A person who, with the intent to unlawfull y deprive or 2450
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defraud the program of its moneys or the use or benefit thereof, 2451
fails to remit a contribution collected under this section is 2452
guilty of theft, punishable as follows: 2453
1. If the total amount stolen is less than $300, the 2454
offense is a misdemea nor of the second degree, punishable as 2455
provided in s. 775.082 or s. 775.083. Upon a second conviction, 2456
the offender is guilty of a misdemeanor of the first degree, 2457
punishable as provided in s. 775.082 or s. 775.083. Upon a third 2458
or subsequent conviction, the offender is guilty of a felony of 2459
the third degree, punishable as provided in s. 775.082, s. 2460
775.083, or s. 775.084. 2461
2. If the total amount stolen is $300 or more, but less 2462
than $20,000, the offense is a felony of the third degree, 2463
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2464
3. If the total amount stolen is $20,000 or more, but less 2465
than $100,000, the offense is a felony of the second degree, 2466
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2467
4. If the total amou nt stolen is $100,000 or more, the 2468
offense is a felony of the first degree, punishable as provided 2469
in s. 775.082, s. 775.083, or s. 775.084. 2470
(e) A person convicted of an offense under paragraph (d) 2471
shall be ordered by the sentencing judge to make restitu tion to 2472
the organization in the amount that was stolen from the program. 2473
(f) Upon a finding that a dealer failed to remit a 2474
contribution under subparagraph (b)3. for which the dealer 2475
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claimed a credit pursuant to s. 212.1832(2), the Department of 2476
Revenue shall notify the affected organizations of the dealer's 2477
name, address, federal employer identification number, and 2478
information related to differences between credits taken by the 2479
dealer pursuant to s. 212.1832(2) and amounts remitted to the 2480
eligible nonprofit scholarship-funding organization under 2481
subparagraph (b)3. 2482
(g) Any dealer, designated agent, private tag agent, or 2483
organization that fails to timely submit reports to the 2484
Department of Revenue as required in paragraphs (b) and (c) is 2485
subject to a penalty of $1,000 for every month, or part thereof, 2486
the report is not provided, up to a maximum amount of $10,000. 2487
Such penalty shall be collected by the Department of Revenue and 2488
shall be transferred into the General Revenue Fund. Such penalty 2489
must be settled or compromised if it is determined by the 2490
Department of Revenue that the noncompliance is due to 2491
reasonable cause and not due to willful negligence, willful 2492
neglect, or fraud. 2493
(14) LIABILITY.—The state is not liable for the award of 2494
or any use of awarde d funds under this section. 2495
(15) SCOPE OF AUTHORITY. —This section does not expand the 2496
regulatory authority of this state, its officers, or any school 2497
district to impose additional regulation on participating 2498
private schools beyond those reasonably necessary to enforce 2499
requirements expressly set forth in this section. 2500
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(5)(16) RULES.—The State Board of Education shall adopt 2501
rules to administer this section , except the Department of 2502
Revenue shall adopt rules to administer subsection (13) . 2503
Section 6. Paragraph (i) of subsection (1) of section 2504
1002.421, Florida Statutes, is amended to read: 2505
1002.421 State school choice scholarship program 2506
accountability and oversight. — 2507
(1) PRIVATE SCHOOL ELIGIBILITY AND OB LIGATIONS.—A private 2508
school participating in an educational scholarship program 2509
established pursuant to this chapter must be a private school as 2510
defined in s. 1002.01 in this state, be registered, and be in 2511
compliance with all requirements of this section in addition to 2512
private school requirements outlined in s. 1002.42, specific 2513
requirements identified within respective scholarship program 2514
laws, and other provisions of Florida law that apply to private 2515
schools, and must: 2516
(i) Maintain a physical location in the state at which 2517
each student has regular and direct contact with teachers. 2518
Regular and direct contact with teachers may be satisfied for 2519
students enrolled in a personalized education program if 2520
students have regular and direct contact with teachers a t the 2521
physical location at least two school days per week and the 2522
student learning plan addresses the remaining instructional 2523
time. 2524
2525
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The department shall suspend the payment of funds to a private 2526
school that knowingly fails to comply with this subsection, and 2527
shall prohibit the school from enrolling new scholarship 2528
students, for 1 fiscal year and until the school complies. If a 2529
private school fails to meet the requirements of this subsection 2530
or has consecutive years of material exceptions listed in the 2531
report required under paragraph (q), the commissioner may 2532
determine that the private school is ineligible to participate 2533
in a scholarship program. 2534
Section 7. Paragraph (a) of subsection (2) of section 2535
1002.45, Florida Statutes, is amended to read: 2536
1002.45 Virtual instruction programs. — 2537
(2) PROVIDER QUALIFICATIONS. — 2538
(a) The department shall annually publish on its website a 2539
list of providers approved by the State Board of Education to 2540
offer virtual instruction programs. To be approved, a virtual 2541
instruction program provider must document that it: 2542
1. Is nonsectarian in its programs, admission policies, 2543
employment practices, and operations; 2544
1.2. Complies with the antidiscrimination provisions of s. 2545
1000.05; 2546
2.3. Locates an administrative office or o ffices in this 2547
state, requires its administrative staff to be state residents, 2548
requires all instructional staff to be Florida -certified 2549
teachers under chapter 1012 and conducts background screenings 2550
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for all employees or contracted personnel, as required by s. 2551
1012.32, using state and national criminal history records; 2552
3.4. Electronically provides to parents and students 2553
specific information that includes, but is not limited to, the 2554
following teacher-parent and teacher-student contact information 2555
for each course: 2556
a. How to contact the instructor via phone, e -mail, or 2557
online messaging tools. 2558
b. How to contact technical support via phone, e -mail, or 2559
online messaging tools. 2560
c. How to contact the administration office via phone, e -2561
mail, or online messagin g tools. 2562
d. Any requirement for regular contact with the instructor 2563
for the course and clear expectations for meeting the 2564
requirement. 2565
e. The requirement that the instructor in each course 2566
must, at a minimum, conduct one contact with the parent and the 2567
student each month; 2568
4.5. Possesses prior, successful experience offering 2569
virtual instruction courses to elementary, middle, or high 2570
school students as demonstrated by quantified student learning 2571
gains in each subject area and grade level provided for 2572
consideration as an instructional program option. However, for a 2573
virtual instruction program provider without sufficient prior, 2574
successful experience offering online courses, the State Board 2575
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of Education may conditionally approve the virtual instruction 2576
program provider to offer courses measured pursuant to 2577
subparagraph (7)(a)2. Conditional approval shall be valid for 1 2578
school year only and, based on the virtual instruction program 2579
provider's experience in offering the courses, the State Board 2580
of Education may grant approval to offer a virtual instruction 2581
program; 2582
5.6. Is accredited by a regional accrediting association 2583
as defined by State Board of Education rule; 2584
6.7. Ensures instructional and curricular quality through 2585
a detailed curriculum and student p erformance accountability 2586
plan that addresses every subject and grade level it intends to 2587
provide through contract with the school district, including: 2588
a. Courses and programs that meet the standards of the 2589
International Association for K -12 Online Learning and the 2590
Southern Regional Education Board. 2591
b. Instructional content and services that align with, and 2592
measure student attainment of, student proficiency in the state 2593
academic standards. 2594
c. Mechanisms that determine and ensure that a student has 2595
satisfied requirements for grade level promotion and high school 2596
graduation with a standard diploma, as appropriate; 2597
7.8. Publishes, in accordance with disclosure requirements 2598
adopted in rule by the State Board of Education, as part of its 2599
application as an approved virtual instruction program provider 2600
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and in all contracts negotiated pursuant to this section: 2601
a. Information and data about the curriculum of each full -2602
time and part-time virtual instruction program. 2603
b. School policies and procedures. 2604
c. Certification status and physical location of all 2605
administrative and instructional personnel. 2606
d. Hours and times of availability of instructional 2607
personnel. 2608
e. Student-teacher ratios. 2609
f. Student completion and promotion rates. 2610
g. Student, educator, and school performance 2611
accountability outcomes; 2612
8.9. If the approved virtual instruction program provider 2613
is a Florida College System institution, employs instructors who 2614
meet the certification requirements for instructional staff 2615
under chapter 1012; and 2616
9.10. Performs an annual financial audit of its accounts 2617
and records conducted by an independent auditor who is a 2618
certified public accountant licensed under chapter 473. The 2619
independent auditor shall conduct the audit in accordance with 2620
rules adopted by the Auditor General and in compliance with 2621
generally accepted auditing standards, and include a report on 2622
financial statements presented in accordance with generally 2623
accepted accounting principles. The audit report shall be 2624
accompanied by a written statem ent from the approved virtual 2625
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instruction program provider in response to any deficiencies 2626
identified within the audit report and shall be submitted by the 2627
approved virtual instruction program provider to the State Board 2628
of Education and the Auditor Genera l no later than 9 months 2629
after the end of the preceding fiscal year. 2630
Section 8. Paragraph (c) of subsection (1) of section 2631
1003.4156, Florida Statutes, is amended to read: 2632
1003.4156 General requirements for middle grades 2633
promotion.— 2634
(1) In order for a student to be promoted to high school 2635
from a school that includes middle grades 6, 7, and 8, the 2636
student must successfully complete the following courses: 2637
(c) Three middle grades or higher courses in social 2638
studies. One of these courses must be at le ast a one-semester 2639
civics education course that includes the roles and 2640
responsibilities of federal, state, and local governments; the 2641
structures and functions of the legislative, executive, and 2642
judicial branches of government; and the meaning and 2643
significance of historic documents, such as the Articles of 2644
Confederation, the Declaration of Independence, and the 2645
Constitution of the United States. All instructional materials 2646
for the civics education course must be reviewed and approved by 2647
the Commissioner of E ducation, in consultation with 2648
organizations that may include, but are not limited to, the 2649
Florida Joint Center for Citizenship, the Bill of Rights 2650
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Institute, Hillsdale College, the Gilder Lehrman Institute of 2651
American History, iCivics, and the Constitutio nal Sources 2652
Project, and with educators, school administrators, 2653
postsecondary education representatives, elected officials, 2654
business and industry leaders, parents, and the public. Any 2655
errors and inaccuracies the commissioner identifies in state -2656
adopted materials must be corrected pursuant to s. 1006.35. 2657
After consulting with such entities and individuals, the 2658
commissioner shall review the current state -approved civics 2659
education course instructional materials and the test 2660
specifications for the statewide, st andardized EOC assessment in 2661
civics education and shall make recommendations for improvements 2662
to the materials and test specifications by December 31, 2019. 2663
By December 31, 2020, the department shall complete a review of 2664
the statewide civics education cour se standards. Each student's 2665
performance on the statewide, standardized EOC assessment in 2666
civics education required under s. 1008.22 constitutes 30 2667
percent of the student's final course grade. A middle grades 2668
student who transfers into the state's public s chool system from 2669
out of country, out of state, a private school, a personalized 2670
education program, or a home education program after the 2671
beginning of the second term of grade 8 is not required to meet 2672
the civics education requirement for promotion from th e middle 2673
grades if the student's transcript documents passage of three 2674
courses in social studies or two year -long courses in social 2675
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studies that include coverage of civics education. 2676
Section 9. Subsection (6) of section 1003.4282, Florida 2677
Statutes, is amended to read: 2678
1003.4282 Requirements for a standard high school 2679
diploma.— 2680
(6) UNIFORM TRANSFER OF HIGH SCHOOL CREDITS. —Beginning 2681
with the 2012-2013 school year, if a student transfers to a 2682
Florida public high school from out of country, out of state , a 2683
private school, a personalized education program, or a home 2684
education program and the student's transcript shows a credit in 2685
Algebra I, the student must pass the statewide, standardized 2686
Algebra I EOC assessment in order to earn a standard high school 2687
diploma unless the student earned a comparative score, passed a 2688
statewide assessment in Algebra I administered by the 2689
transferring entity, or passed the statewide mathematics 2690
assessment the transferring entity uses to satisfy the 2691
requirements of the Element ary and Secondary Education Act, as 2692
amended by the Every Student Succeeds Act (ESSA), 20 U.S.C. ss. 2693
6301 et seq. If a student's transcript shows a credit in high 2694
school reading or English Language Arts II or III, in order to 2695
earn a standard high school dip loma, the student must take and 2696
pass the statewide, standardized grade 10 ELA assessment, or 2697
earn a concordant score. If a transfer student's transcript 2698
shows a final course grade and course credit in Algebra I, 2699
Geometry, Biology I, or United States Histor y, the transferring 2700
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course final grade and credit shall be honored without the 2701
student taking the requisite statewide, standardized EOC 2702
assessment and without the assessment results constituting 30 2703
percent of the student's final course grade. 2704
Section 10. Paragraph (l) of subsection (4) of section 2705
1003.485, Florida Statutes, is amended to read: 2706
1003.485 The New Worlds Reading Initiative. — 2707
(4) ADMINISTRATOR RESPONSIBILITIES. —The administrator 2708
shall: 2709
(l) Expend eligible contributions receiv ed only for the 2710
purchase and delivery of books and to implement the requirements 2711
of this section, as well as for administrative expenses not to 2712
exceed 2 percent of total eligible contributions. 2713
Notwithstanding s. 1002.395(6)(l)3. s. 1002.395(6)(l)2., the 2714
administrator may carry forward up to 25 percent of eligible 2715
contributions made before January 1 of each state fiscal year 2716
and 100 percent of eligible contributions made on or after 2717
January 1 of each state fiscal year to the following state 2718
fiscal year for purposes authorized by this subsection. Any 2719
eligible contributions in excess of the allowable carry forward 2720
not used to provide additional books throughout the year to 2721
eligible students shall revert to the state treasury. 2722
Section 11. Effective upon thi s act becoming a law, 2723
paragraph (e) is added to subsection (5) of section 1004.6495, 2724
Florida Statutes, to read: 2725
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1004.6495 Florida Postsecondary Comprehensive Transition 2726
Program and Florida Center for Students with Unique Abilities. — 2727
(5) CENTER RESPONSI BILITIES.—The Florida Center for 2728
Students with Unique Abilities is established within the 2729
University of Central Florida. At a minimum, the center shall: 2730
(e) By July 1, 2024, develop the purchasing guidelines for 2731
authorized uses of scholarship funds for t he Family Empowerment 2732
Scholarship Program under s. 1002.394(4)(b) and by each July 1 2733
thereafter, revise such guidelines. The center must consult with 2734
parents of a student with a disability participating in the 2735
scholarship program in the development and rev ision of the 2736
guidelines and must provide the guidelines to each eligible 2737
nonprofit scholarship -funding organization that awards 2738
scholarships to a student eligible for the scholarship program 2739
under s. 1002.394(3)(b) for publishing on each organization's 2740
website. 2741
Section 12. Except as otherwise expressly provided in this 2742
act and except for this section, which shall take effect upon 2743
this act becoming a law, this act shall take effect July 1, 2744
2024. 2745