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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
A bill to be entitled 1
An act relating to educational choice; amending s. 2
1002.394, F.S.; revising the authorized uses of Family 3
Empowerment Scholarship Program funds to include 4
tuition and fees associated with home education 5
instructional programs and customized instructional 6
programs; amending s. 1002.395, F.S.; defining the 7
terms "customized instructional program" and "home 8
education instructional program" for the Florida Tax 9
Credit Scholarship Program; revising the authorized 10
uses of program funds to include certain instructional 11
materials and tuition and fees associated with 12
customized instructional programs; providing an 13
effective date. 14
15
Be It Enacted by the Legislature o f the State of Florida: 16
17
Section 1. Paragraph (b) of subsection (4) of section 18
1002.394, Florida Statutes, is amended to read: 19
1002.394 The Family Empowerment Scholarship Program. — 20
(4) AUTHORIZED USES OF PROGRAM FUNDS. — 21
(b) Program funds awarded to a student with a disability 22
determined eligible pursuant to paragraph (3)(b) may be used for 23
the following purposes: 24
1. Instructional materials, including digital devices, 25
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digital periphery devices, and assistive technology devices that 26
allow a student to access instruction or instructional content 27
and training on the use of and maintenance agreements for these 28
devices. 29
2. Curriculum as defined in subsection (2). 30
3. Specialized services by approved providers or by a 31
hospital in this state which are selected by the parent. These 32
specialized services may include, but are not limited to: 33
a. Applied behavior analysis services as provided in ss. 34
627.6686 and 641.31098. 35
b. Services provided by speech -language pathologists as 36
defined in s. 468.1125(8). 37
c. Occupational therapy as defined in s. 468.203. 38
d. Services provided by physical therapists as defined in 39
s. 486.021(8). 40
e. Services provided by listening and spoken language 41
specialists and an appropriate acoustical environment for a 42
child who has a hearing impairment, including deafness, and who 43
has received an implant or assistive hearing device. 44
4. Tuition and fees associated with full -time or part-time 45
enrollment in a home education program; a home education 46
instructional program as defined in s. 1002.395(2); a customized 47
instructional program as defined in s. 1002.395(2); an eligible 48
private school; an eligible postsecondary educational 49
institution or a program offered by the postsecondary 50
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educational institution, unless the program is subje ct to s. 51
1009.25 or reimbursed pursuant to s. 1009.30; an approved 52
preapprenticeship program as defined in s. 446.021(5) which is 53
not subject to s. 1009.25 and complies with all applicable 54
requirements of the department pursuant to chapter 1005; a 55
private tutoring program authorized under s. 1002.43; a virtual 56
program offered by a department -approved private online provider 57
that meets the provider qualifications specified in s. 58
1002.45(2)(a); the Florida Virtual School as a private paying 59
student; or an approved online course offered pursuant to s. 60
1003.499 or s. 1004.0961. 61
5. Fees for nationally standardized, norm -referenced 62
achievement tests, Advanced Placement Examinations, industry 63
certification examinations, assessments related to postsecondary 64
education, or other assessments. 65
6. Contributions to the Stanley G. Tate Florida Prepaid 66
College Program pursuant to s. 1009.98 or the Florida College 67
Savings Program pursuant to s. 1009.981 for the benefit of the 68
eligible student. 69
7. Contracted services pro vided by a public school or 70
school district, including classes. A student who receives 71
services under a contract under this paragraph is not considered 72
enrolled in a public school for eligibility purposes as 73
specified in subsection (6) but rather attending a public school 74
on a part-time basis as authorized under s. 1002.44. 75
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8. Tuition and fees for part -time tutoring services or 76
fees for services provided by a choice navigator. Such services 77
must be provided by a person who holds a valid Florida 78
educator's certificate pursuant to s. 1012.56, a person who 79
holds an adjunct teaching certificate pursuant to s. 1012.57, a 80
person who has a bachelor's degree or a graduate degree in the 81
subject area in which instruction is given, a person who has 82
demonstrated a mastery of subject area knowledge pursuant to s. 83
1012.56(5), or a person certified by a nationally or 84
internationally recognized research -based training program as 85
approved by the department. As used in this subparagraph, the 86
term "part-time tutoring services " does not qualify as regular 87
school attendance as defined in s. 1003.01(16)(e). 88
9. Fees for specialized summer education programs. 89
10. Fees for specialized after -school education programs. 90
11. Transition services provided by job coaches. 91
Transition services are a coordinated set of activities which 92
are focused on improving the academic and functional achievement 93
of a student with a disability to facilitate the student's 94
movement from school to postschool activities and are based on 95
the student's needs. 96
12. Fees for an annual evaluation of educational progress 97
by a state-certified teacher under s. 1002.41(1)(f), if this 98
option is chosen for a home education student. 99
13. Tuition and fees associated with programs offered by 100
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Voluntary Prekindergarten Education Program providers approved 101
pursuant to s. 1002.55, school readiness providers approved 102
pursuant to s. 1002.88, and prekindergarten programs offered by 103
an eligible private school. 104
14. Fees for services provided at a center that is a 105
member of the Professional Association of Therapeutic 106
Horsemanship International. 107
15. Fees for services provided by a therapist who is 108
certified by the Certification Board for Music Therapists or 109
credentialed by the Art Therapy Credentials Board, Inc. 110
Section 2. Paragraphs (c) through (i) and (j) through (p) 111
of subsection (2) of section 1002.395, Florida Statutes, are 112
redesignated as paragraphs (d) through (j) and (l) through (r), 113
respectively, paragraphs (b), (c), (d), and (i) of subsection 114
(6) and paragraphs (a ) and (b) of subsection (9) are amended, 115
and new paragraphs (c) and (k) are added to subsection (2) of 116
that section, to read: 117
1002.395 Florida Tax Credit Scholarship Program. — 118
(2) DEFINITIONS.—As used in this section, the term: 119
(c) "Customized instru ctional program" means a program 120
that offers classes and courses in an instructor -directed 121
education program that: 122
1. Students participate in more than 3 days each week. 123
2. Parents may participate in, including collaborating 124
with instructors responsibl e for customizing the instructional 125
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program. 126
3. Have publicly available and reviewable program 127
descriptions of its classes and courses, including costs, in a 128
format that is easy to read and understand. 129
(k) "Home education instructional program" means a program 130
that offers instruction and activities that augment and enhance 131
the instruction provided by a parent and has publicly available 132
and reviewable program descriptions of its instruction and 133
activities, including costs, in a format that is easy to rea d 134
and understand. 135
(6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP -FUNDING 136
ORGANIZATIONS.—An eligible nonprofit scholarship -funding 137
organization: 138
(b) Must comply with the following background check 139
requirements: 140
1. All owners and operators as define d in subparagraph 141
(2)(m)1. (2)(k)1. are, before employment or engagement to 142
provide services, subject to level 2 background screening as 143
provided under chapter 435. The fingerprints for the background 144
screening must be electronically submitted to the Depar tment of 145
Law Enforcement and can be taken by an authorized law 146
enforcement agency or by an employee of the eligible nonprofit 147
scholarship-funding organization or a private company who is 148
trained to take fingerprints. However, the complete set of 149
fingerprints of an owner or operator may not be taken by the 150
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owner or operator. The results of the state and national 151
criminal history check shall be provided to the Department of 152
Education for screening under chapter 435. The cost of the 153
background screening may be borne by the eligible nonprofit 154
scholarship-funding organization or the owner or operator. 155
2. Every 5 years following employment or engagement to 156
provide services or association with an eligible nonprofit 157
scholarship-funding organization, each owner or operator must 158
meet level 2 screening standards as described in s. 435.04, at 159
which time the nonprofit scholarship -funding organization shall 160
request the Department of Law Enforcement to forward the 161
fingerprints to the Federal Bureau of Investigation for le vel 2 162
screening. If the fingerprints of an owner or operator are not 163
retained by the Department of Law Enforcement under subparagraph 164
3., the owner or operator must electronically file a complete 165
set of fingerprints with the Department of Law Enforcement. Upon 166
submission of fingerprints for this purpose, the eligible 167
nonprofit scholarship -funding organization shall request that 168
the Department of Law Enforcement forward the fingerprints to 169
the Federal Bureau of Investigation for level 2 screening, and 170
the fingerprints shall be retained by the Department of Law 171
Enforcement under subparagraph 3. 172
3. Fingerprints submitted to the Department of Law 173
Enforcement as required by this paragraph must be retained by 174
the Department of Law Enforcement in a manner approve d by rule 175
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and entered in the statewide automated biometric identification 176
system authorized by s. 943.05(2)(b). The fingerprints must 177
thereafter be available for all purposes and uses authorized for 178
arrest fingerprints entered in the statewide automated bi ometric 179
identification system pursuant to s. 943.051. 180
4. The Department of Law Enforcement shall search all 181
arrest fingerprints received under s. 943.051 against the 182
fingerprints retained in the statewide automated biometric 183
identification system under s ubparagraph 3. Any arrest record 184
that is identified with an owner's or operator's fingerprints 185
must be reported to the Department of Education. The Department 186
of Education shall participate in this search process by paying 187
an annual fee to the Department o f Law Enforcement and by 188
informing the Department of Law Enforcement of any change in the 189
employment, engagement, or association status of the owners or 190
operators whose fingerprints are retained under subparagraph 3. 191
The Department of Law Enforcement shall adopt a rule setting the 192
amount of the annual fee to be imposed upon the Department of 193
Education for performing these services and establishing the 194
procedures for the retention of owner and operator fingerprints 195
and the dissemination of search results. Th e fee may be borne by 196
the owner or operator of the nonprofit scholarship -funding 197
organization. 198
5. A nonprofit scholarship -funding organization whose 199
owner or operator fails the level 2 background screening is not 200
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eligible to provide scholarships under th is section. 201
6. A nonprofit scholarship -funding organization whose 202
owner or operator in the last 7 years has filed for personal 203
bankruptcy or corporate bankruptcy in a corporation of which he 204
or she owned more than 20 percent shall not be eligible to 205
provide scholarships under this section. 206
7. In addition to the offenses listed in s. 435.04, a 207
person required to undergo background screening pursuant to this 208
part or authorizing statutes must not have an arrest awaiting 209
final disposition for, must not have been found guilty of, or 210
entered a plea of nolo contendere to, regardless of 211
adjudication, and must not have been adjudicated delinquent, and 212
the record must not have been sealed or expunged for, any of the 213
following offenses or any similar offense of ano ther 214
jurisdiction: 215
a. Any authorizing statutes, if the offense was a felony. 216
b. This chapter, if the offense was a felony. 217
c. Section 409.920, relating to Medicaid provider fraud. 218
d. Section 409.9201, relating to Medicaid fraud. 219
e. Section 741.28, relating to domestic violence. 220
f. Section 817.034, relating to fraudulent acts through 221
mail, wire, radio, electromagnetic, photoelectronic, or 222
photooptical systems. 223
g. Section 817.234, relating to false and fraudulent 224
insurance claims. 225
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h. Section 817.505, relating to patient brokering. 226
i. Section 817.568, relating to criminal use of personal 227
identification information. 228
j. Section 817.60, relating to obtaining a credit card 229
through fraudulent means. 230
k. Section 817.61, relating to fraudule nt use of credit 231
cards, if the offense was a felony. 232
l. Section 831.01, relating to forgery. 233
m. Section 831.02, relating to uttering forged 234
instruments. 235
n. Section 831.07, relating to forging bank bills, checks, 236
drafts, or promissory notes. 237
o. Section 831.09, relating to uttering forged bank bills, 238
checks, drafts, or promissory notes. 239
p. Section 831.30, relating to fraud in obtaining 240
medicinal drugs. 241
q. Section 831.31, relating to the sale, manufacture, 242
delivery, or possession with the intent to sell, manufacture, or 243
deliver any counterfeit controlled substance, if the offense was 244
a felony. 245
(c) Must not have an owner or operator, as defined in 246
subparagraph (2)(m)1. (2)(k)1., who owns or operates an eligible 247
private school that is participating in the scholarship program. 248
(d)1. For the 2023-2024 school year, may fund no more than 249
20,000 scholarships for students who are enrolled pursuant to 250
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paragraph (7)(b). The number of scholarships funded for such 251
students may increase by 40,000 in each subs equent school year. 252
This subparagraph is repealed July 1, 2027. 253
2. Shall establish a process for parents who are in 254
compliance with paragraph (7)(a) to renew their students' 255
scholarships. Renewal applications for the 2025 -2026 school year 256
and thereafter must provide for a renewal timeline beginning 257
February 1 of the prior school year and ending April 30 of the 258
prior school year. A student's renewal is contingent upon an 259
eligible private school providing confirmation of admission 260
pursuant to subsection (8) . The process must require that 261
parents confirm that the scholarship is being renewed or 262
declined by May 31. 263
3. Shall establish a process that allows a parent to apply 264
for a new scholarship. The process must be in a manner that 265
creates a written or elect ronic record of the application 266
request and the date of receipt of the application request. The 267
process must require that parents confirm that the scholarship 268
is being accepted or declined by a date set by the organization. 269
4. Shall Must establish and maintain separate scholarship 270
accounts from eligible contributions for each eligible student. 271
For each account, the organization shall must maintain a record 272
of accrued interest retained in the student's account. The 273
organization shall must verify that scholarship funds are used 274
for: 275
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a. Tuition and fees for full -time or part-time enrollment 276
in an eligible private school. 277
b. Instructional materials, including digital materials , 278
digital devices, and Internet resources. 279
c. Curriculum as defined in s. 1002. 394(2). 280
d. Tuition and fees associated with full -time or part-time 281
enrollment in a home education instructional program; a 282
customized instructional program; an eligible postsecondary 283
educational institution or a program offered by the 284
postsecondary educational institution, unless the program is 285
subject to s. 1009.25 or reimbursed pursuant to s. 1009.30; an 286
approved preapprenticeship program as defined in s. 446.021(5) 287
which is not subject to s. 1009.25 and complies with all 288
applicable requirements of the Department of Education pursuant 289
to chapter 1005; a private tutoring program authorized under s. 290
1002.43; a virtual program offered by a department -approved 291
private online provider that meets the provider qualifications 292
specified in s. 1002.45(2)(a); the F lorida Virtual School as a 293
private paying student; or an approved online course offered 294
pursuant to s. 1003.499 or s. 1004.0961. 295
e. Fees for nationally standardized, norm -referenced 296
achievement tests, Advanced Placement Examinations, industry 297
certification examinations, assessments related to postsecondary 298
education, or other assessments. 299
f. Contracted services provided by a public school or 300
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school district, including classes. A student who receives 301
contracted services under this sub -subparagraph is not 302
considered enrolled in a public school for eligibility purposes 303
as specified in subsection (11) but rather attending a public 304
school on a part-time basis as authorized under s. 1002.44. 305
g. Tuition and fees for part -time tutoring services or 306
fees for services provided by a choice navigator. Such services 307
must be provided by a person who holds a valid Florida 308
educator's certificate pursuant to s. 1012.56, a person who 309
holds an adjunct teaching certificate pursuant to s. 1012.57, a 310
person who has a bachelor 's degree or a graduate degree in the 311
subject area in which instruction is given, a person who has 312
demonstrated a mastery of subject area knowledge pursuant to s. 313
1012.56(5), or a person certified by a nationally or 314
internationally recognized research -based training program as 315
approved by the Department of Education. As used in this 316
paragraph, the term "part -time tutoring services" does not 317
qualify as regular school attendance as defined in s. 318
1003.01(16)(e). 319
(i) May not restrict or reserve scholarships for use at a 320
particular eligible private school or provide scholarships to a 321
child of an owner or operator as defined in subparagraph 322
(2)(m)1. (2)(k)1. 323
324
Information and documentation provided to the Department of 325
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Education and the Auditor General relating to the identity of a 326
taxpayer that provides an eligible contribution under this 327
section shall remain confidential at all times in accordance 328
with s. 213.053. 329
(9) DEPARTMENT OF EDUCATION OBLIGATIONS. —The Department of 330
Education shall: 331
(a) Annually submit to the department and division, by 332
March 15, a list of eligible nonprofit scholarship -funding 333
organizations that meet the requirements of paragraph (2)(h) 334
(2)(g). 335
(b) Annually verify the eligibility of non profit 336
scholarship-funding organizations that meet the requirements of 337
paragraph (2)(h) (2)(g). 338
Section 3. This act shall take effect July 1, 2025. 339